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07-10-06 PC Minutes . . . Regular Meeting of the Golden Valley Planning Commission July 10, 2006 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, June 26, 2006. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty, Schmidgall and Waldhauser. Also present was Director of Planning and Development Mark Grimes and Administrative Assistant Lisa Wittman. 1. Approval of Minutes June 26, 2006 Planning Commission Meeting MOVED by Eck, seconded by Waldhauser and motion carried unanimously to approve the June 26, 2006 minutes as submitted. 2. Informal Public Hearing - Minor Subdivision SU08-08 - 4736 Glenwood Avenue Applicant: Ben and Barb Vogel Address: 4736 Glenwood Avenue Purpose: The Subdivision would create two separate lots in order to keep the existing home and to construct one new home. The existing garage will be relocated Grimes explained the subdivision request and stated that this property is located on the northeast corner of Ottawa and Glenwood Avenues, east of Highway 100 and south of Breck School. He stated that the current lot is approximately 25,000 square feet in size. After the proposed subdivision Lot 1 would be 13,680 square feet and Lot 2 would be 11,870 square feet. He added that the property is zoned Single Family (R-1) and designated Low Density on the Comprehensive Plan map and the proposal meets all of the requirements of the subdivision and zoning codes. Grimes referred to the site plan and explained that the existing garage located on the property will need to be relocated to a conforming location before the final plat is approved. He explained that this proposal is currently being reviewed by Hennepin County and that they will more than likely ask for additional right of way or easement area along Glenwood Avenue. Grimes referred to City Engineer Jeff Oliver's staff report and stated that the City will require a final grading, drainage and erosion control plan. Minutes of the Golden Valley Planning Commission July 10, 2006 Page 2 . He explained that according to the preliminary grading plan there will be a substantial amount of fill used on this property and that most of the new home's drainage will go toward the back of the lot which is the current drainage pattern in the area. He said that the proposal does create odd-shaped lots but they do meet all of the requirements for lots in the single family zoning district. . . Keysser said that the most significant issue is the drainage. He referred to the site plan and noted that there is a 14-foot drop in elevation on this property. He asked if the applicants are requesting any variances. Grimes said no. Kluchka noted that the conditions of approval in Grimes' staff report did not include relocating the existing garage. Grimes said he would add that as a condition of approval before this proposal goes to the City Council. Kluchka said he was thinking that the garage should have been moved before the city accepted this application but as long as it is made a condition of final approval he is ok with that. Eck stated that after looking at the property he has to question City Engineer Jeff Oliver's staff report that says the existing drainage is north through the back yards. He said that the northwest corner of the proposed new lot is really a hole and there is no way water can drain uphill toward the north so he doesn't understand Oliver's statement. He asked if there is a different way to direct the run-off away. Peter Knaeble, Terra Engineering, handed out a rendering of the proposed lots. He explained that he has been working with the applicants on the proposal and that it is their understanding that it meets the zoning requirements for a subdivision. He referred to his tree preservation plan and explained that they will only need to remove two small trees which will be transplanted to another location on the property. He stated that utilities will be provided off of Ottawa Ave. and they will meet all of the Engineering Department's requirements. He referred to his preliminary grading plan and explained that the majority of the drainage will go toward the front of the lot onto Ottawa Ave. and any rear yard drainage will meet Bassett Creek Watershed and Engineering Department requirements using best management storm water management techniques. He said he understands the staffs concerns but they are prepared to meet all of the city requirements without requiring variances and they will meet all of the drainage and erosion control requirements. Keysser asked Knaeble to give the Commission more details about the drainage plan and the proposed new home. Knaeble said they don't have the house plans yet, but it will probably be a 2-story home with an approximate footprint of 1,000 square feet. He explained that the majority of drainage can be directed to the front which will then go to a storm water drain further down the street to the north. He added that they don't show a high level of detail on the preliminary drainage plan yet because they don't know the style of the proposed new house. Keysser suggested using berming. Knaeble said there is already some berming on the property but that they will probably do more. Minutes of the Golden Valley Planning Commission July 10, 2006 Page 3 . Eck stated that the finished floor of the proposed new home will be lower than the existing home so there is going to be water going toward the new home. Knaeble explained that there will be some sort of drainage technique used to direct the water away from the proposed new home. Eck stated that there is a requirement that there can be no more water leaving the property than there is now. Keysser asked how the City knows the current water flow. Knaeble explained that they had to do drainage calculations to figure that out. Grimes added that at this point in the process, the applicants and Mr. Knaeble have shown the City that this proposal appears to work. McCarty asked if the work being proposed is the work that will actually be done or if something else could possibly be done. Knaeble stated that what is being proposed is what will be done. Grimes added that the work wouldn't be done at all unless the proposed new lot sells. He explained that Mr. Knaeble is showing the City that his proposal will work in order for a new home to be built if the applicants sell the lot. He stated that whoever buys the new lot would be subject to the same requirements. Knaeble added that the grading work won't be done until the lot is sold. Waldhauser stated that because of the odd shape of the proposed new lots she can envision the homeowners coming back to the City with a variance request because so little of the lot is actually usable. . Schmidgall stated that there is an inconsistency with the elevation contours shown on the survey where the existing garage is located. Knaeble stated that instead of the number 897 it should read 867. He also clarified that there is an 8-foot drop in elevation, not the previous noted 14 feet, from the high point on the lot to the street. Keysser asked if the soil in this location is clay. Knaeble said he expects it to be sandy clay. Ben Vogel, applicant, stated that he wanted to clarify that they are not making this request in order to "cash in and leave", they intend to stay. He said that although the lots may be oddly shaped the current lot is more or less double the size of the lots in the area and the new lots won't be much smaller than other lots nearby. Keysser asked the applicants about their plans to sell the proposed new lot. Barb Vogel, applicant, stated that she thinks they will probably sell the proposed new lot fairly soon. She added that they are also concerned about drainage for their area and for their own home. Mr. Vogel added that they are not interested in building a monstrosity either. Keysser asked the applicants how much standing water they've had on their property in the past. Mr. Vogel stated that they've had a "pond" develop in their yard that lasts for 3 to 6 days approximately 7 out of the last 9 years they've lived there. . . Minutes of the Golden Valley Planning Commission July 10, 2006 Page 4 Cera noted that the applicants mentioned adding on to their existing home and asked if they would need a variance to do that. Mrs. Vogel stated that they would just be relocating their existing garage and attaching it to their home and that it is not their intention to request any variances. She added that they want to keep their neighbors as happy as they can. Keysser opened the public hearing. Lewis Seltz, attorney representing Berkeley Nelson, 18 Ottawa Avenue North, stated that Mr. Nelson is concerned about the style of home that will be built on the proposed new lot because most of the homes in the neighborhood are ranch style homes so a 2-story home would not fit in. Seltz referred to the tree preservation plan and noted that it did not include two Chinese Elm trees that are located on the southwest corner of Mr. Nelson's property. Keysser stated that those trees are not located on the subject property so they couldn't be removed. Seltz stated that the excavation for the proposed new home could destroy them and the fill will reduce oxygen to the trees and they probably wouldn't survive. He gave the Commissioners a letter from Davey Tree Expert Company regarding the possible impacts construction may have on Mr. Nelson's trees. . Seltz stated that if the property is filled it is highly unlikely that the drainage and run-off volume will remain the same. He referred to the preliminary grading plan and stated that the silt fence shown on the plan is only a temporary erosion control measure, not a permanent solution. He said that for the above reasons Mr. Nelson is opposed to the project. Violet Meyer, 35 Natchez Avenue North, stated that in some years the water is worse than others and that with this proposal there will be more water. She said there has been a terrible mosquito problem and that they can't have gardens in their back yards because of all the water. She stated that there are several lots in the area that are much larger and she is opposed to dividing this property. Carole Epstein, 30 Ottawa Avenue North, stated that her back yard is also very wet and hard to mow. She asked how much of the lot is going to be filled. Keysser stated that the City doesn't know because the house hasn't been designed yet, but the applicant will have to show the City how they plan to build the proposed new house. Grimes added that the garage has to be a foot higher than the street level and that any run-off can't be greater than it is right now. Epstein said she doesn't feel comfortable with the preliminary grading plan and she doesn't want to see another house on that property. Tim Anderson, 80 Ottawa Avenue North, reiterated that there is a big water issue in this area. He said that two out of the last four springs the whole entire park area was filled with water. . Minutes of the Golden Valley Planning Commission July 10, 2006 Page 5 . He said he doesn't know where the water from the proposed new house is going to go, the sewers fill up, there are ducks in their backyards and mosquitoes are a problem. He said the water table is where it is and he doesn't know how it's not going to be worse. Thom Melcher, 4620 Glenwood Avenue, said that the Vogels are ideal neighbors but his concern is for the neighborhood feeling. He said he is anxious about lots being divided and property being filled in. He asked how the City is going to handle it and make sure it fits in with the neighborhood because he doesn't want to start getting "creep" into other areas. He asked about the requirements for a subdivision. Keysser explained some of the requirements for subdividing a lot. He said that there are minimum lot sizes, setback requirements, height requirements and lot coverage ratio requirements. Grimes added that the City Council and the Planning Commission will be discussing in-fill development to see if something can be done about the types of homes that are being built. He stated that the applicants could have as a condition of the sale of the lot that they want some say about what gets built on the new lot. . Mr. Vogel said he wants to make it clear that rain doesn't just flow on his lot. There are a lot of existing problems right now and that it is not his intent to be the source of additional drainage problems. Keysser added that it is also possible that this subdivision could be a solution to help fix some of the drainage issues. He asked if the condition of adding a rain garden could be added to this proposal. Grimes stated that the City Engineer has said that a rain garden would not be appropriate on this property. Waldhauser said the water table may be too high for a rain garden also. She asked where the storm system drains to. Grimes said he thinks the storm water flows to Natchez Pond and eventually to Sweeney Lake. He added that back yard drainage problems are common and that some of the homes that are in this area now probably would have been built differently today to reduce drainage problems. Seeing and hearing no one else wishing to comment, Keysser closed the public hearing. Kluchka asked Grimes how the Commission should address the issue of the two Chinese Elm trees on Mr. Nelson's property. (18 Ottawa Ave. N.) Grimes said he will make the Environmental Coordinator aware of the trees. He said he doesn't know how he will address trees that are on another property but he'd have it reviewed prior to the subdivision going to the City Council. Keysser asked Kluchka if he wanted the protection of the trees listed as a condition of approval. Kluchka said yes. Cera referred to the subdivision code and stated that if a subdivision adversely affects neighboring properties the Planning Commission does not have to recommend approval. He said he is not convinced that there won't be any adverse affects on the neighboring properties until he sees a more detailed drainage plan. Keysser said that even if the City Council approves this subdivision request the ultimate buyer of the lot will have to submit a drainage plan to the City and that all that the City would be doing now is permitting the subdivision. . . . . Minutes of the Golden Valley Planning Commission July 10, 2006 Page 6 Cera said another issue is the triangular shape of the proposed new lots. He said he is concerned about the properties being viable. Keysser said that is not an issue for the Planning Commission. Waldhauser said she thinks the City should have some concern about the shape of the lots and that there are a lot of ways to get the required street frontage without having these triangular shapes. Grimes explained that since these proposed lots would be corner lots, each side needs to have 100 feet of frontage. He said that staff did review these plans with Mr. Knaeble and this was really the only way to make it work with all the requirements. Waldhauser said she would rather grant a variance regarding the street frontage than to allow these triangular shaped lots. Eck said that although he thinks the Planning Commission doesn't have a legal basis for denying this subdivision, it is a very strange lot and he is not convinced yet that this proposal isn't going to exacerbate the drainage problem. Grimes stated that at this point in time the applicants have submitted a plan that according the City Engineer appears to work. He reiterated that the proposal is subject to a final drainage and erosion control plan. Kluchka stated that it looks like the applicants have done everything they need to do. He asked what mechanisms are in place to prove that the drainage was not made worse once everything is done and what recourse the neighbors have if it is worse. Grimes explained that the Building Official and the City Engineer will have to approve the plans. He added that the City can also require cash reserves, maintenance agreements and levy assessments to make sure any issues are fixed. Keysser asked if the City can require performance bonds. Grimes said yes and explained that the City has a big burden to the state and the watershed district to make sure measurements are taken that will ensure that drainage structures and plans work. Kluchka said he understands that staff is dedicated but questioned the mechanisms in place to make sure the applicants drainage plan works. Grimes said that the Planning Commission could add a condition of approval regarding some kind of agreement as recommended by the Public Works Department that will make sure that the proposed drainage plan will work properly and be maintained. Keysser clarified that three conditions will be added to the existing six from Grimes' staff report. The first is that the existing garage will be relocated to a conforming location prior to final plat approval; the second is that the tree preservation plan shall include the two Chinese elm trees located on the southwest corner of 18 Ottawa Ave. N. and the third is that an agreement or plan as recommended by the Public Works Department regarding the maintenance of a drainage plan is implemented. Barb Vogel stated that she is also concerned about an oak tree on the southeast corner of 18 Ottawa Ave. N. She added that if they were able to vacate part of Ottawa Avenue she thinks that the lots could be shaped differently. Grimes stated that the City Engineer has not recommended vacating the easement as requested on Ottawa Ave. . . . Minutes of the Golden Valley Planning Commission July 10, 2006 Page 7 MOVED by Kluchka, seconded by McCarty and motion carried 6 to 1 to recommend approval of the subdivision request at 4736 Glenwood with the following conditions. Commissioner Cera voted no. 1. The three plans prepared by Terra Engineering and dated 6/9/06 shall become a part of the approval (Preliminary Plat/Preliminary Utility Plan, Existing Conditions Plan and Preliminary Grading Plan/Erosion Control Plan. 2. The preliminary tree preservation mitigation plan shall become a part of this approval with the understanding that additional information may be required prior to final plat approval. 3. The recommendations found in the memo from City Engineer Jeff Oliver, PE, dated July 3, 2006 to Mark Grimes, Director of Planning and Development, shall become a part of this approval. 4. At the time of final plat approval, the subdivision shall be subject of a park dedication fee. The amount of the fee shall be determined by the City Council at time of final plat approval. 5. The City Attorney shall determine if title review is needed for this subdivision. If so, the cost of the title review shall be paid by the applicant. 6. If requested by Hennepin County, additional road dedication or easement dedication shall be made and shown on the final plat. 7. The existing garage located on the property shall be relocated to a conforming location prior to final plat approval. 8. The final tree preservation plan shall include the two Chinese elms located on the southwest corner of 18 Ottawa Avenue North. 9. An agreement as recommended by the Public Works Department regarding the maintenance of a drainage plan shall be implemented. --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. . . . Minutes of the Golden Valley Planning Commission July 10, 2006 Page 8 4. Other Business The Commissioners discussed performance bonds and maintenance agreements and the leverage the City has to enforce them. The Commissioners asked if the City Engineer could attend their meetings. Grimes stated that they would have to make a request to the City Manager. 5. Adjournment The meeting was adjourned at 8:30 pm.