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04-12-04 PC Minutes Regular Meeting of the Golden Valley Planning Commission April 12, 2004 A regular meeting of the Planning Commission was held at the Golden Valley City Hall Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday April 12, 2004. Chair Pentel called the meeting to order at 7 pm. Those present were Chair Pentel, Commissioners Eck, Groger, Keysser, Rasmussen and Schmidgall. Also present were Director of Planning and Development, Mark Grimes and Administrative Assistant, Lisa Wittman. e I. Approval of Minutes March 22, 2004 Planning Commission Meeting Pentel said she would like the word "contiguous" added to the wording when referring to the sidewalk in front of the Spring Gate Shopping Center that the Planning Commission recommended as a condition of approval on the Applebee's proposal Eck referred to page ten and stated that the wording of the motion was not clear. MOVED by Keysser, seconded by Rasmussen and motion carried unanimously to approve the March 22, 2004 minutes with the above noted changes. - II. Informal Public Hearing - Rezoning from R-1 to R-2 - Z003-02 Applicant: Tasks Unlimited Lodges Address: 3370 Lilac Drive North Purpose: To allow an existing duplex to be rezoned so an addition and remodeling can be done. Grimes referred to a location map and stated that the property is located at Scott Avenue and Lilac Drive. He stated that the applicant is requesting to rezone the property from R-1, Single-Family Residential to R-2, Two-Family Residential. Grimes explained that the house was built as a two-family home in the 1960's and that prior to the 1980's two-family homes were allowed as a permitted use in the R-1 zoning district. He added that there are a number of existing two-family homes is this area. Minutes of the Golden Valley Planning Commission April 12, 2004 Page 2 Grimes explained that the applicant would like to convert the existing tuck-under garages into living space and add an addition on to the back of the existing two- family home but the Zoning Code prohibits non-conforming buildings to be added to or altered. So the only way they can add on to this two-family dwelling is to make it conform by rezoning it to R-2. Grimes said the home is currently being used as a two-family home. Each unit in the two-family home is occupied by 3-4 unrelated individuals. He explained that the Zoning Code defines a family as "up to five unrelated people", or anybody related by blood or by marriage. e Grimes stated that the proposed addition and the existing home meet all of the setback requirements and that the property is approximately .63 acres or 27,000 square feet which is more than double the requirement of the to R-2 zoning district which is 12,500 square feet. He added that the General Land Use Plan Map designates this property as low density (up to 5 units per acre) and that this would only be three units per acre. Grimes said that the proposed improvements would not change the character of the neighborhood because it has been used as a two-family home for over 40 years and there are other two-family homes in the area. He referred to the location map and showed where some of the other two-family homes in the area are located. e Pentel asked Grimes if the property owner would have to go through the same rezoning process if they wanted to add a deck or any other addition to the structure. Grimes said yes and that since Tasks Unlimited purchased the property they have done numerous improvements to the inside that could be made without changing the zoning. Rasmussen asked if the proposed addition would be shared by the two units. Grimes said his understanding is that the addition is for only one of the units. He said that when the Building Official looks at plans there is going to have to be two separate units shown. Eck stated that the City has a number of R-2 properties located in R-1 zoning districts and the clear intent in doing that was because this area was to be a single family residential district. He said that if this property is now rezoned to R-2 it would mean another duplex could be built on this property and the City would be allowing an R-2 property in the middle of an R-1 zoning district in perpetuity, which is not the intent of the R-1 zoning district. Pentel said if the City would not allow the property to be rezoned it would be considered a taking because there is a house existing as a duplex and the City's e e Minutes of the Golden Valley Planning Commission April 12, 2004 Page 3 zoning code changing the R-1 zoning district came into effect after it was built. Grimes said the house could continue to be used as a duplex. Eck stated that if there was a fire and the house would have to be torn down it would then be able to be rebuilt as a duplex if it was rezoned to R-2. Pentel stated that the Comprehensive Plan Map designation for the property is low density and that the lot is almost two times the size required. Eck asked if there is something else the City could do to allow the proposed addition without rezoning the property. Grimes said that the Code specifically says that a non-conforming structure can not be added to and that he is not sure the City would want to start issuing variances for non-conforming uses. Groger asked if the owners could convert the existing garages into living space without requiring a rezoning. Grimes said yes because the footprint would not be enlarged. He added that they should consider what the use would be like if it was a typical two-family home. He added that there aren't many drivers at this home so there would be fewer trips than with a typical two-family home. Groger asked if the existing garages conform with the setback requirements. Grimes said yes. Groger said that in the 1980's when the City created the R-2 zoning district there were some parcels in the City that were already zoned R-2 and that there must be some reason why it was the City's decision to keep this property zoned Single-Family. Grimes said that there were very few parcels zoned R-2 and that he did not know how the decision was made that some were zoned R-2 and some were not. Pentel said that the zoning on this property is R-1, but that the Comprehensive Plan designation is low density which includes R-1 and R-2. Gary Nielsen, 2419 Nicollet Avenue South, Minneapolis, representing Tasks Unlimited stated that they started off wanting to improve this property for their tenants. He said they looked as several options to avoid having to rezone the property, but after researching they decided that they other plans they came up with wouldn't fit well. He clarified that the proposed new addition would be attached to the north unit and that each unit will be an independent unit. He said they are planning to relocate the kitchen currently in the north unit to the south unit. Pentel asked about the number of residents currently living in the home. Nielsen said there are six and that they fully expect to follow the rules about not having more than 10 people total living in the house, or five in each unit. Pentel asked if there is staff living with the residents or if these individuals are living totally independently and maintaining the house and yard. Nielsen said there are staff services available as needed, usually an average of 8 to 10 hours per week. He said that they do have a property manager that assists with the Minutes of the Golden Valley Planning Commission April 12, 2004 Page 4 maintenance, but that Tasks Unlimited maintains all of the major things in the home. In terms of living, they operate as any family would. Keysser asked if the residents are all men. Nielsen said in this house all the people living there are men but that they do have some co-ed homes. He added that they are trying to maintain the character of the neighborhood and that they are trying to be sensitive to the setback requirements. e Pentel referred to Grimes' staff report regarding one of the tenants repairing bicycles. Neilsen said one tenant fixes up bicycles and sells them but that they see this more as a hobby and not a business. He said that they have asked him to figure out another way to sell the bikes and that to the best of his knowledge they have all been removed from the property. Keysser asked Nielsen to explain what Tasks Unlimited does. Nielsen said that Tasks Unlimited operates 19 lodges in the Twin Cities seven county metro area. He said that all of the tenants have jobs and that there are support staff individual to each house. He said each house is self governed and that they are all administered using the same model. He added that there is no end cycle and that people can leave whenever they want. Pentel asked how the tenants get around if they are not driving. Nielsen said that some of the tenants drive and that they do have a vehicle at the location for them to use. Groger referred to the interior of the duplex and asked if there would be any connecting doors between the two units or if they would be entirely separate. Nielsen said that there is a fire door separating the two units that remains closed. Groger asked Grimes if a door between the two units would cause a problem with the building being able to be considered a two-family unit. Grimes said that the Building Official would have to determine that, but it is his understanding that Minutes of the Golden Valley Planning Commission April 12, 2004 Page 5 the home is two distinct units with a common household on each side. Nielsen said that was correct. Keysser asked if the tenants socialize together in one common area. Nielsen said it is up to the individual people if they want to socialize together. Keysser asked what is driving the need for this proposed remodeling. Nielsen said that they want to upgrade the home for their tenants, they have a demand for housing, it is a very large lot and it is a practical thing to do. Keysser asked how long Tasks Unlimited has owned this property. Nielsen said they've owned it since 1997. e Schmidgall asked if it is possible that the door connecting the two units would make the house be considered a single-family home and then it would not need to be rezoned. Pentel said she thinks the door is going to be an issue. Nielsen said if the door is an issue they are prepared to change it. Pentel asked about the tenure of tenants. Nielsen said he didn't know the tenure at this location but that it is typically several years. Keysser asked Nielsen why Tasks Unlimited is unlicensed. Nielsen said the services they offer don't fall under any of the licensing requirements by the State or County. Keysser asked Nielsen if the home was a conventional duplex when they bought it. Nielsen said as far as he knows it is a conventional duplex and that it looks like _ any other duplex. Pentel opened the public hearing. Scott Ward, 3368 Scott Avenue North, referred to the previous mention of the property needing to be rezoned in order to build a deck addition or any other kind of addition and asked how the garage built between 1992 and 1997 received approval without rezoning the property. Grimes explained that garages are a permitted use as an accessory structure and that the City allows accessory structures without having to rezone the property. Pentel added that it would only need to be rezoned if the actual principal structure was being added to. Ward referred to the R-1 section of the zoning code and asked if the zoning for this property could be kept single-family with a conditional use permit. Grimes explained that "residential facilities" serving seven to 25 people are allowed with a conditional use permit in the single-family zoning district but that the definition of a "residential facility" is one licensed by Hennepin County and the State of Minutes of the Golden Valley Planning Commission April 12, 2004 Page 6 Minnesota and Tasks Unlimited is not a licensed operation so they are not considered a residential facility. Ward said there are some duplexes in the area that have been turned into single- family homes. He said he doesn't think having a door between the two units qualifies it as a two-family home and that he believes that makes it a single- family dwelling. e Demetria Hawes, 3385 Scott Avenue North, stated she was representing David Ruth, 3340 Lilac Drive North, because he could not attend the meeting. Ruth said he is concerned that only residents within an area of 500 feet received notice of this proposal because it affects a much larger area. He said he understands this dwelling is grandfathered in and asked if the proposed remodeling will be approved by the neighbors it affects most. He asked how many families would be able to reside in the duplex, if the City will collect an extra property tax now that it is a two-family residence and what the property values would be of the surrounding single-family dwellings. He said these are quality of life questions and that he doesn't question who lives there, but the long term effects to the area. e Hawes said it is a very large property and that as she looks at the house from her house it is a three-story walkout. She said the size of the proposed addition is 1,092 square feet and that that used to be the size of a small house. She said their property is on a peat bog and is always settling and that they have brought in 70 trucks of dirt to fill in their yard over the years. She referred to the existing garage and said it is below grade level and the person who built the garage told her it shouldn't have been built the way it was. She said it is going to be a humongous house and that it would be oversized for the neighborhood. She said they have been getting along fine with this structure and they can get added space without rezoning by converting the existing tuck under garages. She questioned how they operate and if the people living in the home are using a cook to prepare meals. She said her thoughts were that they are using it as a single family home. She added that they are nice people and that they have been good neighbors. Joe Boisclair, 3390 Scott Avenue North, stated that he lives across the street from this property and that he would like to make a complaint. He said the applicant's trash ends up in his yard when there are high winds and that it has happened two or three times. Carol Smith, 3355 Scott Avenue North, asked if the owners are paying real estate taxes. She asked how Tasks Unlimited approaches their financing with the large number of people living in the house. She said there are some sites such as milk cartons piled up outside which would indicate that it is a higher density residence. She said she would like to see a plan or elevations of the proposed addition and that a home of this size in this neighborhood would be valued too Minutes of the Golden Valley Planning Commission April 12, 2004 Page 7 high. She added that if something were to happen to this house it would then be zoned for higher density and could be turned into townhomes and could increase the size of residences in the neighborhood which is an R-1 neighborhood. She said they are quiet neighbors and she hasn't seen police cars at the property or things that happen in higher density housing areas. She believes how they operate now is good considering the kinds of residents they have and that she believes the total concept is to have smaller groups of people living together functioning more like a family. Pentel clarified that with the way the property is zoned right now they can have up to five unrelated adults, and no more, living on each side of the duplex. e Nielsen explained that Tasks Unlimited is a not for profit corporation so they do not pay real estate taxes and that the proposed addition would not have a financial impact relating to property taxes. Kristen Sobanja, 3360 Scott Avenue North, said she is concerned because it seems as though the duplex is being used as a single family dwelling with a common eating area. She said some of the residents in the past have said they have had 8 people living there and that they all slept on one end of the house and ate and lived commonly on the other end. She sugge.sted someone from the City inspect the house to see how it is being used. e Pentel asked Nielsen if there is currently an interior door connecting the two units. Nielsen said the door between the two units goes to the garages and that they don't intend to break the rules regarding the separation of the space having only five people living in one unit. He clarified that there are currently three bedrooms on the second level on each side of the duplex where people are sleeping. Shirley Blade, 3352 Scott Avenue North, said they live in a nice neighborhood and they work very hard to keep it that way and to know their neighbors. She said as houses change over, they welcome new families and teach all of the kids respect for property and try very hard to know each other so they can all assist one another. They lose that ability as these duplexes and other homes in the area are being purchased for the purpose of converting them to group homes. She said that the people living in this duplex have a tendency not to associate with the neighborhood and therefore, are changing the complexity of their single- family, concise neighborhood. She said the addition the applicant is proposing is bigger than her first home and that it is not going to fit in with the neighborhood. She asked why the property has to be rezoned to R-2 when it is already an R-2 home. She said she has not seen anything that indicates what the addition is going to look like and that 1,000 square feet is a heck of a big kitchen. She said the inside of the units would have to be reconfigured and more bedrooms would have to be added to allow five residents on each side and that she does not think Minutes of the Golden Valley Planning Commission April 12, 2004 Page 8 e that would be conducive to the type of thing that the Planning Commission has said they want for single-family homes. She said she wants to point out that there is another home on Scott Avenue and possibly one on 33rd that have been purchased and are in the process of being converted into group homes. She said there is a low-income housing unit in their area as well and that she thinks that is enough impact to an area that is supposed to be zoned single family and asked how many homes the City wants to see taken off the tax roles. She said she has an objection to this huge addition and that she hasn't seen anything saying that they have tested the soil to show that this proposed addition would even work. She said she is not convinced that people should be allowed to buy a property and then keep expanding it to the maximum of what the law says, all within what is supposed to be a single-family zoning district. She said these duplexes, when they were first occupied, were family units and the City can not call five individuals living alone, not doing much interaction with each other, more or less wanting to be integrated into the n~ighborhood a family. Pentel clarified that these units were built as duplexes and were never single family homes and that the City rezoned that area knowing there were duplexes that would be grandfathered in. Grimes explained that the zoning code has always defined a family as related individuals or up to five unrelated people. e Chuck Ryan, 1319 Winnetka Avenue North, sqid he doesn't live in this neighborhood but that he has had the same problem in his neighborhood where a house was built and added on to and had a lot of people living in it. He said Tasks Unlimited is a profitable organization, it is not a non-profit organization and they should be paying taxes. Pentel told Ryan that the Planning Commission is focusing on this particular application at this meeting. Ryan said he wanted to talk on camera about the property in his neighborhood because nobody has done anything about it. He said if the property is zoned R-1 than it should be R-1. Melanie Christianson, 3376 Scott Avenue North, asked about the ramifications with the property being rezoned to R-2 if in the future they want to sell this house. She asked what the property can be used for if it is zoned R-2. Grimes explained that if the property is zoned R-2 they can use it as a two-family dwelling and that this lot is 27,000 square feet. If it were to burn down the property could be subdivided and two new duplexes could be built. Gloria Friske, 5332 33rd Avenue North, asked how the City knows how many people would occupy this dwelling and who oversees it. Grimes explained that the Mr. Nielsen has an understanding with the City regarding the number of people that would be allowed to live in the house. He said the City can go into the house and inspect it if there are neighborhood complaints, the minutes will show the discussion and that the City Code allows the City to enforce the number of people living in a house. Minutes of the Golden Valley Planning Commission April 12, 2004 Page 9 Pentel asked what happens if the City finds out there are more than five unrelated people living in a house. Grimes said they would talk to the owner first and if that doesn't work they would have to go to court. He said he has made Mr. Nielsen very aware that there can't be more than five people living in each of the units. Carol Smith, 3355 Scott Avenue North said that there is a high demand for R-1 zoned property and that if this property is rezoned to R-2 the City would be setting it up for the applicant to sell the property and make a profit. Grimes said the owners would have to look at the financial feasibility of selling the property. - Nielsen said they are not trying to disrupt the character of the neighborhood and they want to be sensitive to the neighborhood, they are simply trying to improve the property. He said he would be happy to do something short of rezoning the property but he can't. Pentel asked Nielsen to explain what exactly is proposed for the 1,000 square foot addition. Nielsen said that they are planning on adding a great room and remodeling the kitchens to make them handicap accessible. Pentel asked if the unit to the north would end up being larger. Nielsen said yes, and that in order to accommodate accessible rooms they need more space. He said he doesn't think their interest in this property would hurt the neighborhood. Keysser asked Nielsen to clarify that there would be two totally separate units and up to five unrelated people could live in one unit. Nielsen said he is keenly aware of the rules and they have no intention of violating them. e Groger said by the applicant adding a great room and having a door between the two units that common sense says it is going to be used as one facility. Grimes said that if the building official sees this as not being a two-family unit, they'll have to do what it takes to make it a two-family unit and that the applicant understands there can only be a total of 10 people in this building. Shirley Blade, 3352 Scott Avenue North, said that 10 people don't take up that much room, but a 30 x 30 addition does and that it is the size of the addition she objects. She told the Planning Commission not to.be taken by the applicant saying they are going to put in a handicap accessible kitchen because they won't need it if the bedrooms and bathrooms aren't accessible. Demetria Hawes, 3385 Scott Avenue North, asked if caregivers stay overnight at the house and if that is included when figuring the number of people that can live in a house. She said they have gotten along fine with the property the way it is and all the changes that have been made to the property have benefited this company. She suggested they change the tuck under garages into living space and asked why the City can't keep it zoned like it is. She asked how rezoning this Minutes of the Golden Valley Planning Commission April 12, 2004 Page 10 property would benefit the neighborhood and said she thinks it would just benefit the property owners and give them license to do whatever they want. Josh Goodell, 5315 33rd Avenue North, said his biggest concern is how rezoning this property will open it up to redevelopment in the future. He added that the addition will make the house look disproportionate to the other houses in the neighborhood. He urged the Planning Commission to try to find another way to address this need and said that rezoning the property can lead to unintended consequences. Seeing and hearing no one further wishing to speak, Pentel closed the public hearing. e Eck said he appreciates the value of the Tasks Unlimited organization and the work they are doing. He said he doesn't have any issues regarding the proposed addition being built and understands the concerns of the neighbors about the size of the addition but that the size of the addition is not the issue. He said to him the issue is that the City would be creating an R-2 zoned lot in the middle of an R-1 area specifically zoned R-1 by the City. He said there has to be some other way to get this proposal done and if there is absolutely no other way to do this then he can not support rezoning this property. e Groger said he agrees with Eck and doesn't see a need for the addition and he is not in agreement with rezoning the property because it would open it up for future development which could potentially double the density on this lot. He said it already has seven bedrooms and by converting the existing garages they could have nine bedrooms plus the common living space. He said if there is someway to allow the addition without rezoning he might consider it, but he can not support rezoning this property. Keysser said the impact of the duplex on the neighborhood is fairly marginal, but by converting the garages to bedrooms that would allow another two people without needing to rezone the property. He said the proposed addition is really huge only to get another two people. Groger said he is also concerned about the way the duplex is being added on to because the duplex is being made into one large institution which is not appropriate in a single family zoning district. Pentel said she thinks the Commissioners are finding the access from one unit to another objectionable and that it sets it up as operating as one house. She said she worries about tying the hands of anyone who owns this property being able to add on to it. She said she would like some advice from the City Attorney. Grimes said he has discussed this application with the City Attorney and that rezoning the property was his recommendation because there is no variance Minutes of the Golden Valley Planning Commission April 12, 2004 Page 11 procedure to allow the proposed addition and the City doesn't want to make it a PUD. He said the text of the zoning code could maybe be changed to add "group living facilities" as a permitted use in the R-1 zoning district. Rasmussen said she agrees with her fellow Commissioners and is not in favor of spot zoning. She said she thinks the people that run this program are heroes and she doesn't like to see the neighbors say negative things about their neighbors in order to keep the property zoned R-1. She said she wishes there were some other way to allow the proposed addition because these types of facilities need to exist. She added that these are the kinds of programs that keep people from being homeless and urged the City to look at allowing the addition some other way. e Grimes stated that from a size perspective, there are a lot of additions in Golden Valley that are larger than this proposed addition and that this house on this lot is not out of proportion. Grimes said he would talk to the City Attorney because it sounds as if everybody is in favor of the program. Schmidgall said he is puzzled that the City can change the zoning of the property, but can't seem to make it possible to allow them to expand. MOVED by Keysser, seconded by Eck and motion carried unanimously to deny the request to rezone the property located at 3370 Lilac Drive North to R-2. -- Short Recess -- - III. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No other meetings were discussed. IV. Other Business Pentel referred to a brochure from GTS and suggested that the new Planning Commission members take the seminar called "The role of the Planning Commission" . Grimes gave the Commissioners a copy of the plans for the road work being done at Highway 100 and Douglas as they requested at their last Planning Commission meeting. V. Adjournment The meeting was adjourned at 8:52 pm.