04-28-14 PC Agenda AGENDA
Planning Commission
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, April 28, 2014
7 pm
1. Approval of Minutes
March 24, 2014, Regular Planning Commission Meeting
2. Informal Public Hearing — Minor Subdivision —400 Decatur Avenue North —
Fretham 21St Addition — SU22-02
Applicant: Lake West Development, LLC
Addresses: 400 Decatur Avenue North
Purpose: To reconfigure the existing single family residential lot into two new
single family residential lots.
--Short Recess--
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
4. Other Business
• Council Liaison Report
5. Adjournment
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Regular Meeting of the
Golden Valley Planning Commission
March 24, 2014
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,
March 24, 2014. Chair Kluchka called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Kluchka, Segelbaurri ar�d
Waldhauser. Also present was Community Development Director Mark Grimes, ,G,ity
Planner Jason Zimmerman, Planning Intern Nick Olson, City Engineer J�ff Oliverr�nd
Administrative Assistant Lisa Wittman. Commissioners Baker, ��udreau La��dis �'��d
McCarty were absent. ,��I����'' �°Gr"�
; ,
1. Approval of Minutes
March 10, 2014, Regular Planning Commission Meeting
Waldhauser referred to the second paragraph or�;�age four�and asked that language be
added to the brewery/taproom discussion stating ��at the Pla'nning Commission also
wants to take into consideration future p�ans fot�gBro�kviev��and other local businesses.
MOVED by Segelbaum, seconded_!�y ��ra and mofiion� carried unanimously to approve
the March 10, 2014, minutes wi#�t�he a�ave rioted addition.
2. Informal Public Hea'ring � Pre�iminary Plan Review— Planned Unit
Development (PUD�,- Morrie's Automotive Group PUD #115
Applicant: f�1������'� Aufi�motive Group
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� Address. �`����� =t74�0,�1\/ayz��a Blvd.
I��rpose' : 1"o allow the addition of a new standalone dealership with customer
` se'rvice support area within the existing parking lot.
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Zimmerman referred to a location map and stated that the applicant is proposing to build an
additional, stand-alone, dealership within the existing parking lot. Lot 1 would contain the
current Ca�illac dealership and the proposed new Lot 2, located in the southeast corner of
the property, would contain a new Maserati & Bentley dealership. Access to the new lot
would be through an existing shared, private driveway along the south lot line.
Zimmerman explained that the proposed new building will be two stories in height, 19,680
square feet in size, and will consist of showroom space, sales offices, and work spaces. He
referred to the parking on the site and stated that the Zoning Code requires this
development to have 216 parking spaces. The Cadillac dealership will have 283 parking
spaces and the Maserati/Bentley dealership would have 27 parking spaces.
Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 2
Zimmerman stated that the applicant is proposing to install foundation plantings around the
perimeter of the building, shade trees in the northeast corner and a hedge to the east of the
customer parking area to provide screening. He added that the overall the amount of
impervious surface will be reduced. Segelbaum asked if the numbers on the comparison
chart in the staff report represent the entire property within the PUD or just the proposed
new lot. Zimmerman said the numbers on the chart in his staff report are specific to the
proposed new lot.
Segelbaum asked if the proposed new lot would cause the existing Cadill���k�uilding to
become non-conforming. Zimmerman said the proposed new building will hav� no impact
on the existing building or the setbacks.
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Waldhauser asked if there have been discussions with the appl���ant r��arding ways to do
more to improve water retention or infiltration on the site. Zim�ne�� �r� stated that the
proposal meets the minimum requirements but they will be en�ou��ged to do more in regard
to water quality.
Kluchka asked why this proposal is considered to be a single use rather than a dual use
because it is car sales and service which could be considered to be finro uses. Zimmerman
stated that the proposed uses are considered to be a singl�;;use because they are both
commercial in nature.
Kluchka asked if there is a private street'agreemei��,between all of the parties that use it to
access their properties. He also a�ke� i�;there,are any�plans by the City to make the private
1 E��
street a public street. Zimmerm�rt stated'that th�re is an agreement regarding the use of the
private street and that the C�i�y�h�as �4 plans to make it a public street.
P,�S
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Kluchka asked if the City�i� �'�equi�'ii�g the���pplicant to plant additional trees. Zimmerman said
there are trees propo,sed to be.installed behind the new building, but there are no trees
planned for the lanc�scap�d front�ge as required in the I-394 Mixed Use zoning district.
Waldhauser sa�d she`� no�;�ur;e there is enough room for additional trees along the front.
d�� ��
Peter Coy�e, Attorney representing the applicant, stated that Morrie's currently has a high
end de���rsh�� in'MtEn�i�tonka that they would move to this Golden Valley site if the
requeste�'.Pl���is appi�a�ved. He stated that they hope, in the future, to accommodate an
adc�itional �rar�d a� well. He explained that they want to service their high-end clients and
that the dealership{'being proposed is not equivalent to other types/brands of dealerships.
He saicl that they are not objectionable to any of the conditions listed in the staff reports and
that they i�nderstand there will be more conversations regarding drainage, sidewalk, and
landscape issues.
Waldhauser asked if the east and west sides of the proposed new building could
accommodate some windows or something to visually break up the brick fa�ade.
Darwin Lindahl, Architect for the proposal, stated that there will be some windows on the
west side of the building, however, they don't want their customers seeing their competitors
to the east when they are in the showrooms. He added that there are also very specific
Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 3
designs that they have to follow per the manufacturer. Kluchka said the Planning
Commission has to consider the design and wants high quality design. He stated that the
glass and aluminum proposed in the front is in such contrast with the brick on the other
sides and asked if the building could be more consistent on three sides. Lindahl stated that
he would talk to the manufacturer and try to accommodate the City's wishes. He added that
this proposed design has already been reviewed and approved by the two manufacturers
but there may be some different design options they would consider.
Waldhauser asked about the brick veneer shown on the plans. Lindahl state;d,that the brick
veneer being proposed is just a regular, buff colored brick that will corn�iemen'�,�he Infiniti
and Cadillac dealerships. Kluchka suggested they submit color illus�ratiQns befor��their next
review. ' `
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Segelbaum referred to the site plan and stated that the propose�new �ot 2 seems much
more densely built and he is concerned about the traffic flow and ��al�terns,���ng too tight.
Coyle said they don't have any concerns about the traffic,patterns and �dded that the site
has been designed to be able to move the vehicles in and vut.
„ � � I„ :
Waldhauser stated that there is a desire for sidertialk along�the west side of the property
and asked if it is possible to add a pedestrian throt�ghway a�r� the south side of the property.
Coyle said he didn't think a sidewalk along t#�e �out���vould=k�e possible because of the
private easement and a MnDOT easement alor�g that��s�tl� of the property. He added that he
also thinks a sidewalk along the south would be uns:af� and would not take pedestrians
anywhere other than into another.�lealership.
Kluchka asked if the Cadillac d�alership`has plans to screen their HVAC equipment and
tank located in the back corner of�he property. Coyle said he is not aware of any plans, but
they would respond to requests regarding the screening of their equipment.
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Kluchka opened the �;�Ei�ic�hea��t��q. Seeing and hearing no one wishing to comment,
Kluchka closed the pi��lic���r�ng.°
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Waldhauser said st��,wd��ld like to see more green space on the property and suggested
more trees��b� in�l��������i�t�e sidewalk plans along Pennsylvania Avenue.
Kluchka asl�ed abQ�t the City's landscaping goals along Pennsylvania Avenue. Grimes said
he is-not aware.of any landscaping plans as part of the sidewalk plan for Pennsylvania
Avenu� �nd adi�ed that additional landscaping along Pennsylvania Avenue could be added
as a condi#ior�'of approval. Kluchka asked if it would be appropriate to enforce the language
in the Code requiring 1 tree per 50' of landscaped frontage.
Segelbaum said this PUD seems to focus on Lot 2. He said would like to see improvements
on Lot 1 as well. He added that he agrees with Commissioner Waldhauser that the
proposed brick sides of the building look very stark in contrast to the loud front and would
encourage that the west side especially be dressed up with windows.
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Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 4
Kluchka suggested adding a condition that requires the applicant to plant 1 tree per 50' of
landscaped frontage along Pennsylvania Avenue as required in the I-394 Mixed Use zoning
district. Cera said he would like a condition added that encourages the applicant to consider
ways to increase the amount of pervious surface on Lot 1 as well.
Kluchka suggested adding a condition stating that the farade design shall be reviewed for
ways to improve the consistency of the fa�ade from the front, west, and east.
Waldhauser referred to water retention and water treatment on the site ar���a�ked if the
water from all the parking lots drain to the road in the front or if any ofs���is reta�n�d or
treated on the site. Brady Busselman, mfra, Engineer for the project, ��id currenfly the
water from the site does drain toward Wayzata Blvd. Waldhauser��ked if any on=site water
retention or water treatment was considered during the review process,of thi� proposal.
Grimes stated those issues were reviewed and that applican#s are e�couraged to do on-site
water retention and treatment, but because of its size, this project is exempt�from some of
the requirements. Oliver stated that he has had conversations with th� applicant and that
they have submitted new plans that will be addressed during:the Final PUD review process.
MOVED by Cera, seconded by Waldhauser and��;notion c�a?r��ied unanimously to
recommend approval of the Preliminary PU� Plar�afor PUD'�115 Morrie's Automotive
Group subject to the following findings an��cdt��iti�ns:
,,,
Findin s
1. The PUD plan is tailored to the specific characteristics of the site and achieves a
higher quality of site planning �nd d�sign fh�n generally expected under conventional
provisions of the ordinar������ �'� � '`
2. The PUD plan preserv��`an���ro�'�;��ts substantial desirable portions of the site's
characteristics, open space �nd sen�.�i�ive environmental features including steep
slopes, trees, sc�,nic views; creeks, wetlands, and open waters.
3. The PUD plan in'�{udes efficient and effective use (which includes preservation) of the
land.
4. The PUD Plart results in development compatible with adjacent uses and is consistent
with the Camprehensive Plan and redevelopment plans and goals.
5. The�PUD plan is Co�sistent with preserving and improving the general health, safety
and g���er�l,iyvelfare of the people of the City.
6:E;�he PU���lar�meets the PUD Intent and Purpose provision and all other PUD ordinance
�r�visions � �
;�
Conditions�,�I�� �
1. The plans prepared by mfra, dated 2/21/14 submitted with the application shall
become a part of this approval.
2. The recommendations and requirements outlined in the memo from the Public
Works Department to Mark Grimes, Community Development Director, dated March
17, 2014, shall become a part of this approval.
3. The recommendations and requirements outlined in the memo from the Fire
Department to Mark Grimes, Community Development Director, dated March 14,
2014, shall become a part of this approval.
Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 5
4. The Applicant shall submit a lighting plan.
5. A bicycle rack shall be added to the property.
6. Access to the newly created Lot 2 must be maintained via a driveway easement.
7. The Final Plat shall include "P.U.D. No. 115" in its title.
8. The City Attorney shall determine if a park dedication fee is required for this project
prior to Final Plan approval.
9. The final design shall be reviewed by the City prior to Final Plan approval.
10. All signage must meet the requirements of the City's Sign Code (Section 4.20).
11. The design shall be reviewed for ways to improve the consistency of,<<��e�farade from
the front, west, and east.
12. Trees shall be planted at a minimum of 1 tree per 50' of landscaped:frontage along
Pennsylvania Avenue. �r;�'�'�� � � �� ���
13. The applicant shall consider ways to increase the amount,��,��perv��us surface�on the
property. j `�' ;� , i ����°
14. This approval is subject to all other state, federal, and loc�l or�inance�;��egulations,
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or laws with authority over this development. dd� �� ��
3. Informal Public Hearing — Minor Subdivision — 125 Cutacross Road — Olson
Tralee — SU12-14
Applicant: Peter Knaeble
Addresses: 125 CutacrossE�toad� �,
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Purpose: To reconf���re fka��e�isting s'rngle family residential lot into two new
singleaf�mily���si`d� ;tial lots.
Olson explained the,�pplicar�t's request to subdivide the property at 125 Cutacross Road
into two new lots. H��i'&ferred'tQ � site plan and noted that Lot 1 would be 15,548 square
feet in size and ;99 feet wide�at th�front setback line and Lot 2 would be 14,561 square feet
in size and 114`fe�t wiC���;a��tli�"�font setback line.
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Cera a�kec� if��a������ ,a�'� required to make these buildable lots. Olson stated no,
variances are �tQt bei�i����quested as a part of this proposal.
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Kluc�ka askec! if tfie existing home would be demolished. Olson said yes. Kluchka asked if
the existing home would have to be removed before the subdivision is approved. Olson said
the existing house would have to be removed before building permits are issued for the
proposed new homes.
Segelbaum asked about the building envelope area. Olson referred to the site plan and
pointed out the building envelope on each new lot.
Peter Knaeble, Terra Engineering, Applicant, stated that his family will be selling the
property this summer and that he concurs with the conditions listed the staff reports. He
gave the Commissioners a colored rendering of the site and a copy the original plat for the
Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 6
area which showed several lots that have been subdivided in the past. He added that the
homes he is proposing will be custom built for each site.
Kluchka asked if a builder is developing the properties of if private families would build their
own homes. Knaeble stated that families would design their own homes and work with their
own builders.
Segelbaum referred to the plat of the area that Knaeble handed out and asked when each
lot was subdivided. Knaeble talked about several of the subdivisions and whe� they
occurred. �°�"� � `�
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Kluchka opened the public hearing. � _� ��:f
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John Wetzel, 120 Meadow Lane North, said he is more conc�;rned.a�out the next item on
the agenda. He asked about the City's policies regarding subdivisions and a`sked what
subdividing property does to other properties around itt; ;�
Jim Fredkove, 26 Paisley Lane, said he is concerned�th�t.he virill��;� put in the same position
and will have to subdivide his property in order to;recover'hi� investment. He said that one
reason he bought his property was the large,�ot size. He ask�d if the City's plan is to allow
everyone to subdivide their properties. ���'������� a: _.
' ��� .
David Spencer, 211 Cutacross Road� said �h��e���t��g house faces Meander Road and is
welcoming to the neighborhood. �le saicl;he is concerned that people will be looking at the
side of the proposed new house��nd he wants to.make sure that the new house is
positioned toward Meander Ro�d.'He�stated that he subdivided his lot in 2005 and thinks
subdivisions will increase tF�e oVerall values of the properties in the neighborhood and
added that no one will be r,��uired'to subtlivide their lots.
Grimes explained th�f'���i�i��prope�ty is guided on the City's Comprehensive Plan for low
density residen�ial dev lo ment u to 5 units er acre and is zoned Sin le Famil
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Residential. So tli,� pla����`r the �ity is to allow lots that are 10,000 square feet or greater in
size. He s��i�l peopl� �reE��ot required to subdivide their lots, but they have the opportunity to
do so if�their�,��oper�y`�s la��e enough. He added that neighbors could get together and
enter inta'a ca'��nant agreement regarding lot sizes. Kluchka added that subdividing is a
prQperty own�r's�e�qportunity to maximize their investment as long as they do so within the
City`s:.rules and ordinances. Grimes agreed and added that the proposed new lots will be
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1'/Z tim�s IargeF�than the City Code requires.
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Segelbaum asked how neighboring property owners are protected. Grimes stated that there
are height requirements, setback requirements, and articulation requirements among others
in the City Code to protect neighborhoods. He added that the proposed homes will be
quality-built homes that will benefit Golden Valley as a whole.
Segelbaum referred to the comment regarding the orientation of the houses on the lots and
said he didn't think the City could control the location of the house. Kluchka agreed that the
house could be built as the owner sees fit.
Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 7
Zimmerman noted that the park dedication fees should be $1,400 for one new lot, not
$2,800 as listed in his staff report.
MOVED by Waldhauser, seconded by Cera and motion carried unanimously to recommend
approval of the proposed minor subdivision at 125 Cutacross Road subject to the following
conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the final
plat.
2. A park dedication fee of$1,400 shall be paid before final plat approual.
3. The City Engineer's memorandum, dated March 17, 2014, shall.become part �f this
approval.
4. A Subdivision Agreement will be drafted for review and appr�val by the Ci#y Council that
will include issues found in the City Engineer's memorandum:
5. All applicable City permits shall be obtained prior to the d�uelopi�;ent of��he new lots.
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4. Informal Public Hearing — Minor Subdi��s�on��=�;�21�Su�nsyridge Lane — Kate's
Woods — SU08-11 ��� ' �r�4
Applicant: David Knaeble
Addresses: 221 Sunnyridge l��ne .�, ��
Purpose: To reconfigure the e�isting�s,ingle family residential lot into two new
single far��ly resid�pfial lots.
269 a.�� kBh � fx ;
Zimmerman stated that s�`��an�����e ap�l�cant prefer to table this public hearing in order to
allow more time to discuss a ��lning interpretation issue that has come up and needs to be
taken care of first ��`
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MOVED by Kluc�ka, s�;e€�r�de� by Segelbaum and motion carried unanimously to table this
public to the next �'I�nni�r�g Commission meeting.
�
5. Informal�F�t,�blic Hearing — Minor Subdivision — 7218 Harold Avenue — Marie's
�E��Woods;�� SU17-11
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Rpplican`t: Peter Knaeble
Addresses: 7218 Harold Avenue
Purpose: To reconfigure the existing single family residential lot into two new
single family residential lots. Variances from the Subdivision Code are
also being requested for this Minor Subdivision.
Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 8
Zimmerman referred to a site plan and explained the applicant's request to subdivide the
property at 7218 Harold Avenue. He stated that the property is currently zoned R-2
Moderate Density Residential and that the applicant is proposing to tear down the existing
single family home and construct two new, detached single family homes. The R-2 zoning
district does permit single family homes, however, it encourages the construction of twin
homes and townhomes. He explained that the minimum lot size in the R-2 zoning district is
11,000 square feet with 100 feet of width at the front setback line. Both lots in this proposal
would be 15,725 square feet in size, however, the applicant is requesting a variance to
allow the lots to be 54.5 feet wide, and the side yard setbacks to 7.5 fee# rather than the
required 15 feet. He stated that staff doesn't feel that the necessary c��,eria for`rv�riances
� . .
has been met and is therefore, recommending denial of this proposal. ;
Kluchka asked if there could be a condition placed on the approval of a subclivisian requiring
that there has to be a finrin home built on the property. Zimm��m�;n ����ted that'�fhere would
need to be declarations of covenants/restrictions reviewed at'�t�e ��rne tim���s this
subdivision proposal and that is not what is being propQsed at���'tis tiri�ie.;�¢'era asked if there
is any precedent allowing variances when subdividin� R=���,rQpg�y. Grii�nes stated that in
the past, twin homes were only allowed by doing a Pla�tn�d Ur�it;D�velopment. He
explained that when the City rezoned this area to R-2 zoning the vision was to see higher
density and generational housing. He said he is concerned how the proposed two single
family homes would impact this area.
>>
Segelbaum stated that granting variar�ces �� �<s�k������ion has been frowned upon in the
past. Cera agreed and added that the plan'r1��;g Commission has been told that subdivisions
with variances cannot be approve� Zim:mermar��stated that there is a provision in the
Subdivision Code, separate #rc�r,�teh�,�dning Code that allows for variances.
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Peter Knaeble, Terra Engineerir�g,'Appli�ant, stated that this is a neighborhood of 14 homes
where only one is for sale and it'is not feasible to acquire them all before they become
available. He stated that the townhouse market is not very viable and that the small single
family home market is�the {��st via'ble. He said he understands the need, but the market is
not there for townhouse�and tliey would not be the highest and best use for this property.
He said he,�,o ,Id build a�twin home on the property but it would be the same density he is
proposing vir�#�������a�'� �nify homes which is a product people want. He stated that many
cities ar��� min u w'�N different t es of zonin re ulations to accommodate small lot,
9 p YP 9 9
sin�le famif� �orr4��. He said a good example would be the homes built just down the street
from this propq�al on Rhode Island Avenue where the homes were built on 50-foot wide
lots. H��said t�� City is asking for higher density and he thinks the best way to do that is to
build sma�l,`single family homes because waiting for all 14 parcels to become available isn't
feasible.
Waldhauser asked why there is an objection to town homes or twin homes. Knaeble said he
didn't know but if people have a choice, 9 out of 10 of them will pick a single family home
over a townhouse and he thinks his proposal is a good start and makes sense for this area.
Kluchka opened the public hearing.
Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 9
Larry Kueny, 7303 Ridgeway Road, said there is still a for sale sign on the property. He
stated that a few years ago the Planning Commission and City Council decided this area
would be zoned R-2 and now someone wants to change what everyone has accepted. He
said he is blown away by this proposal because it will set a precedent for all of the 14 lots to
have a 7.5 foot setback so this proposal is a no.
Richard Fischer, 7330 Harold Avenue, asked if this proposal were approved if he would also
be able to divide his property into two skinny lots with 2-foot or 5-foot setbacks. He said he
is really opposed to this proposaL ,
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Knaeble noted that the neighbor to the west of the subject property.is not opposed to this
proposaL ,� ��T� �F��� ���
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Seeing and hearing no one else wishing to comment, Kluchk� c�ased���ie publie hearing.
Cera said this proposal is attempting to change the Zor�in� Cod� with�� �ubdivision. There
is no hardship for variances is the proposal and he ��rees with staff th�t it should be
denied. Segelbaum said he agrees that this propo�al �5'��tside����t#ie intent of the City Code.
He said the City can't rewrite the Zoning Code ju�t for this'�roposal. He commended the
applicant for considering this type of develop�er��ut said f�ie Planning Commission isn't in
the position to accept this proposal without mi�i�� Qre re�iew.
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Kluchka asked how the houses down the str����'b"r� F�hode Island Avenue were developed.
Grimes stated that the properties Qn Rhode''�sland Avenue were existing platted lots of
record and were not subdivided in,order to construct the new homes.
MOVED by Waldhauser, seconded by Cera and motion carried unanimously to recommend
denial of the proposed sut�d�visi�in of th'�,property at 7218 Harold Avenue finding that it
doesn't meet any of he cond�tions of City Code and requires variances.
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6. Informal�I�ubli� Hearing��- Minor Subdivision — Intersection of Noble Drive
an�P ��or Drive���Hanson Wood Shores — SU06-06
��tEFes"�ee�',
Applicant:� iGearge Wessin
Address; 'fntersection of Noble Drive and Major Drive
Put��;vse: The proposed subdivision would reconfigure the existing single
family residential lot into finro new single family residential lots.
Zimmerman referred to a location map and explained the applicant's request to subdivide
the existing vacant lot located south of Major/Noble Drives and west of Sweeney Lake into
two separate single family residential lots. He noted that Lot 1 would be 80,344 square feet
with 80 feet of width at the front setback and Lot 2 would be 97,433 square feet with 87 feet
of width at the front setback. He reminded the Commissioners that an application for a
subdivision to allow three lots was made last summer but that application was withdrawn.
Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 10
Zimmerman stated that the property owner to the south at 1801 Noble Drive has
approached the City with concept plans for subdividing his property as well. He explained
that when a new subdivision adjoins unsubdivided land, City Code requires that new streets
be provided in order to access the property. Therefore, staff is recommending that the
applicant be required to dedicate an additional 30 feet of right-of-way along the western
edge of his property to accommodate a new street in the future in order for 1801 Noble
Drive to gain access.
Kluchka asked for clarification on why a new street is being required as a� part of this
proposal. Zimmerman referred to the section of City Code that states�"'���'1Nhere°�djoining
areas are not subdivided, the arrangement of streets in new subdivisions.shall rri�ke
provision for the proper projection of streets. When a new subdiv�sion ad���ns unsubdivided
land susceptible to being subdivided, then the new streets shall be carried 'tt� the boundaries
of the tract proposed to be subdivided." Kluchka asked abou��the de�.finition of the word
"unsubdivided" and stated that there are probably a hundred lots iri E�he CityFthat have the
potential to be subdivided and questioned if that is real�y,the int�nt of��he ��ode. He said to
him "unsubdivided" means unimproved. Zimmermar� sta�'�da�af��ode d'oes not define
"unsubdivided." He explained that the City Attorne� has�� ated that:providing access does
apply to this proposal so staff is suggesting that�0 feet o�'�ight-of=way be designated as a
part of this subdivision. 'i���,� �
; � ,,
A
Waldhauser asked if the City has an obl�i�ation to provid���ccess and asked why the
property owner has to bear the cos�s�ass°ociated with���roviding access. Zimmerman stated
that all the benefitting parties wou�i� be �ssessed the costs, not just the applicant.
� "'���,
Zimmerman referred to the�F����� � �par�ments comments regarding this proposal and stated
that they have concerns a�ti'ut I��thy driveways, the distance to a water supply, and the
ability to turn their vehicle�� rou��.
��45 .� ?.
Cera asked if the City could buil� a cul-de-sac in order to eliminate the long driveways and
to set the stag�for fu�ure development. Zimmerman said that without cooperation by the
three current landowners, the only option is to plan for the first stage by preserving right-of-
way now and then a��or�modate additional stages of development as future proposals are
made. � ��� �,.E , '
��:
i k ; ;
Kluchka sa�d he is,uncomfortable with recommending approval on the presupposition that
theirecommeri�ed'street will be built when that is not what is being proposed by the
applic�i�t., ,
�T��;�,,
George Wessin, Applicant, stated that his family has lived in Golden Valley for 80 years and
discussed his family's history in Golden Valley. He explained that his grandparents owned
much of the land in this area and sold some of it for the development of Heathbrooke
Addition. He said he has been an active member of the Sweeney Lake Association and the
Historical Society and has donated to the Golden Valley Human Services Fund, the
Courage Center, the Fire Association, and his wife has donated plants to the Arboretum. He
said he allowed the City to have an easement over the property for water and storm sewer
Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 11
at no cost and added that he is a steward of the land and his proposal is fair and is the best
option for the neighborhood, his friends, the lake, and the environment.
Kluchka asked Mr. Wessin if he has had any conversations with the City regarding the
street proposal staff is recommending. Wessin said he has, in the past, had conversations
with the City regarding the proposed street but not during this particular proposal.
Kluchka opened the public hearing.
Jacqueline Day, 1334 Spring Valley Road, said she is a member of the Sween�y Lake
Homeowner's Association, a long-time resident, a Golden Valley realtor for 34 years and
has been instrumental in improving the City's housing stock and irrrplemer�t�ng th��City's
Inflow and Infiltration sewer requirements. Segelbaum asked Ms. Day �f.she��� ���;'presenting
any of the parties involved in this proposal or if she is speaki���as � r�sident��ay said she
was speaking as a longtime friend and neighbor of George ar�d Sue Wess�i��and that she
has represented them at length as their realtor. She referred to a loc�t[or� map and
discussed the density of Heathbrooke Addition and the Hidden Lakes development. She
said George, Sue, all the residents of Heathbrooke and all of the 5weeney Lake
Homeowner's Association members want a low density, neighborhood friendly,
environmentally responsible use of Mr. Wessin's property. �he said she knows the City has
been bombarded by developers regardin� Mr.'Wes�in's property, none of whom own the
land or are in a purchase agreement to buy the land. She showed the Planning Commission
several of the proposed concept plans she has seen��nd said these plans remove most of
the woods and the towering oak #rees artd pack in the�maximum density. She showed
pictures of the house at 1801 Nabje Driv� and s#ated that shortly after Mr. Lecy bought the
property he started demolishing��t,=`�h����ity stopped the demolition and it has sat vacant
ever since. She showed th�`Commiss�oners a drawing by Mr. Lecy showing his intent to
buy Mr. Wessin's property to redevelop it and added that Mr. Lecy has an active MLS listing
for three lots stating ,�hat two�Qf#F�em would ready by the end of the summer even though
there has been no ap�'I'ication submitted to the City and the property has no road frontage to
qualify for subdividing�,�h�;�#�#�ed that the Haines, owners of the property at 1550 St. Croix
Circle support Mr. Wes��n'fully �nd that they do not want the street proposed by the City so
Mr. Lecy i���#��� one ��op��ty owner instigating the construction of the street. She stated that
Mr. Wes�in�i��r���u����,�,�'�simple lot split that meets every requirement and that the
subdivision:or�inance is� not being applied properly by staff. She stated that Mr. Wessin
doesn't want�or n�ed the proposed street. She said she attended a meeting last summer
with staff to discuss the possibility of Mr. Wessin dividing his property into three lots and
they were told.that would not be possible without dedicating land for a street and working
with the oth�r property owners potentially involved. They asked about the cost of the street
and were given a three page report detailing the costs for the engineering, the road and the
cul-de-sac would be $550,000 which does not include the soil preparation, tree removal,
and all the other costs for a development that no one wants. She said also at that meeting,
and other meetings where Mr. Wessin's attorney was present, staff told them that if Mr.
Wessin wanted to divide the property without a new street, his only option was to split his
property into two lots which is what they are proposing because that would meet all City
Code requirements. She stated that staff has said they've met with Mr. Lecy many times
regarding plans to subdivide and that there are staff reports stating other properties may
Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 12
also be developable and benefit from the required street. Those parties would be Jeff and
Heidi Haines, George and Sue Wessin, and Amar Alshash, none of whom want the street.
She showed the Commissioners a plan of the Goldenview subdivision that she was a part of
creating. She noted that one of the driveways in that subdivision is 280 feet in length and
there were no objections about its length when it was subdivided. She added that Mr.
Wessin's attorney was present at this meeting and as a concerned citizen she also hired an
attorney. She read a letter from her attorney which states that Mr. Wessin's proposal must
be approved without conditions. She said she's talked with other neighbors and that nobody
has understood that this is really about bringing a continuation of a street,fr.om Heathbrooke
and all the traffic it entails into this development, they think it is just abQut Mr. 1>Vessin
wanting to split his property into two lots and that the City Council vy�ill k��e amazed by how
many people will attend the Council meeting regarding this propos�l. She r�ad a,r�tter from
Sandy Lee, a property owner in the area, stating they do not object to Mr. W�� �ri�`dividing
his parcel into finro lots, however, they are unclear about the rest of p��tcel an� ow Mr. Lecy
can advertise three lakeshore lots adjacent to a paved street and a cul-de��a'c and want to
know how this is possible without notifying the neighbarhood. They said #here is no doubt in
their minds that the people in the Heathbrooke neighborhoad wou:ld object to a paved road
and the possible density and traffic that may attract.This uvould dramatically affect the
safety and property owners of Heathbrooke homeowners as well as the safety, water
quality, and usage for lakeshore homeowners,
Segelbaum asked Ms. Day if she is representin� the f�arrieowner's association. Day said
she has spoken to a large number af:people-who�ar�: f�er friends and neighbors but they
have not had a formal association:rrie�ting.
Amar Alshash, 1807 Noble Drive, showed the Commission pictures of his property and said
he feels like he has been.i� the dark re�arding this proposal. He said he supports Mr.
Wessin's plan to split his pEqperty into tw� lots but putting in a street will encourage a
developer to tear do�n the e���'ting mansion. He questioned if he would have to pay for the
proposed street and��aFd,he is'�j�t in favor of having a street go through.
��a ° s � ���
�_
Roy Lecy, 1801��Nctble��Qrrve,�stated that the MLS listing he has for the property is subject to
future subdivision �`rtd,th�ere is nothing wrong with marketing the property that way. If a
subdivision doe�s�'t�h��per�, then three lots won't be created. He stated that the existing
driveway providing access to 1801 Noble Drive is 20 feet in width so the proposed new
str��t will or�l� b�4�feet wider. He said he is supportive of Mr. Wessin putting in two new
lots and he can un�erstand why Mr. Wessin would not want to pay to build a city street. He
said h�y�nrould pick up the assessments because he is trying to provide access. He said he
sees no neg�tive impact to Mr. Wessin if he pays the assessment. That way, Mr. Wessin
will end up with two lots, maybe four, he would have two lots and the Haines could
potentially get one more lot.
Andrew Gellman, 1810 Noble Drive, said he supports Mr. Wessin's subdivision request. He
said he has sat on a number of boards and urged the City not to cut off the conversation,
but urge it to go forward because the property is neglected and this proposal needs to keep
moving forward.
Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 13
Christopher Gise, 1485 Island Drive, said he doesn't have a problem with this proposed
subdivision and he is glad to hear concern about Sweeney Lake. He said that the lots on
the peninsula in the Hidden Lakes development all have 50-foot conservation easements
and he thinks that would be a good idea in this proposal as well.
Seeing and hearing no one else wishing to comment, Kluchka closed the public hearing.
Kluchka asked about the effects on the lake, how these subdivisions are reviewed in regard
to the lake and how conservation rules are created. Grimes said there wil�����ry� 10 to 20 foot
buffer strip required and there will also be a conservation easement. C��iver stated that
review is based on the size and number of lots. For this proposal ther��are no wa#�r quality
improvements required by the Bassett Creek Watershed Management Commissivn or the
City. He noted that the Hidden Lakes development had different'best rt�anagement
practices and trade-offs because it was a PUD.
Kluchka asked who pays for streets and what the impac#s are ta oth��i�.��o`perty owners.
Oliver said there are numerous ways to assess the street costs. �le said he agrees with the
resident about not stopping the dialogue and saidathat tktis de��1Q��ment can be done in an
environmentally sound way and that staff has been encouraging all along for all the property
owners involved to work together. r,��
' �c„ ,{ ,:}?
Segelbaum asked if the width of the pra�osed ,��reet cbt��+�be 20 feet. Oliver said he would
be comfortable with a 20-foot wide st��e�'�,Wa�'�#`h`a��r�,asked if that width would cause
problems with parking. Oliver sai�#,,th'er�'.�re�r`niles an� miles of 24-foot wide streets with no
parking restrictions and there hav�,very�arely t�een any problems.
Cera said he sees a proposal that,is p��acemeal and incomplete. There are competing
proposals, it is not the PI�'r�ning=�:ommi'��ions role to judge, and there needs to be dialogue
_:
between the property owners: He said this is not proper planning and it might be
appropriate to table this praposal. Segelbaum agreed that there are several different ideas
but that the ap�licant prob�bly wants to go forward with his application to the City Council.
He noted that th�:�Fire Chi�f has said that the length of the driveways violate the Fire Code.
Kluchka s����,t�e �ir�� Ch��f's memo didn't clearly state that there is a violation.
,�
Waldhau��r s�it�=it woi��� be nice to resolve the development in this area. She said she is
sympathetiG to th� neighbors wanting to preserve the character, but eventually that will
chan�e. She acldecf�that she doesn't want to lock in a proposal that precludes or prevents
develop�nent k��future landowners.
�ea, ��.��
Kluchka said it seems to be a question of if the proposed lots are buildable. If the lots are
buildable and utilities can be provided then he thinks the Fire Chief's comments are too
harsh. Oliver stated that Fire staff is concerned about the ability to respond to a fire at these
properties and that sprinklering the homes could be a solution and the water pressure can
be dealt with. His concern is the length of the sewer services and the long term
maintenance of the services. He added that a builder is going to have to show that it can be
done taking into account the direction changes and the grade changes on the property.
Minutes of the Golden Valley Planning Commission
March 24, 2014
Page 14
Kluchka said the proposal is a mess and should never have been presented to the Planning
Commission the way they were. He said he would consider tabling the request in order to
get the documentation cleaned up. Waldhauser said the alternative is to recommend
approval with several conditions. Kluchka said staff added conditions to things the applicant
didn't request. Grimes stated that the process is a mess because it is a messy situation. He
stated that staff has worked hard to get all the parties together and he thinks some progress
has been made.
MOVED by Cera, seconded by Waldhauser and motion carried unanimo��s�y.#o table the
applicant's request to allow time for the property owners to meet to di��uss their-options.
�,,
--Short Recess-- :�fi ``�
A ;:I�
7. Reports on Meetings of the Housing and Redevelop�rrt�ent:Authorit�;�City
Council, Board of Zoning Appeals and other Meetings �;� ������������
,, ,ji ���
,, �_,_
,
No reports were given. ��2�;
� ��,:
.l�r, �?�,
8. Other Business
• Planning Commission Representative on the Community Center Task Force
Kluchka volunteered to be the Plan�in� Ct��mr�riissic�np��gpresentative on the Community
CenterTask Force. ,�,E ' ���s �
,�;°�, �� ,°,
� �E
�< < ,
::.
• Council Liaison R�pqrt a �°
No report was given.
���i��� ��,,
� � ���.
9. Adjournment'�� �
The meeti�� f�as ac��ourn�d at 10:20 pm.
� � ����a3��, ��r�� �,°
���,
��.
�;�
Charles D. Segelbaum, Secretary Lisa Wittman, Administrative Assistant
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Planning Department
763 S93 8095/763-593-8109(fax)
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_"�'' :: a� 'Ai`i;+Y '�`. .���'i���p�� ; , , .,�,u�i�i�p?1MPaN`�iid�����4_ �.. "'_.—u`�"�, ���,.,����`Q.�la�4�d ',-..� ..r w��ridl„�����»,, �-�:.....»...,a�i i IG(iiii���N�a�l _ .
Date: Apri) 28, 2014
To: Golden Valley Planning Commission
From: Jason Zimmerman, City Planner
Subject: Informal Public Hearing on Preliminary Plan for Minor Subdivision of
400 Decatur Avenue North — Lake West Development, LLC, Applicant
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Summary of Request
Lake West Development, LLC, is proposing to subdivide the property located at 400 Decatur Avenue
North into two separate lots. The existing home at 400 Decatur Avenue North would remain and the
newly created lot to the south would be developed separately. Access to the new lot would be from
Harold Avenue.
City Code requires that each new lot be a minimum of 10,000 square feet in the R-1 Single Family
Residential Zoning District. lot 1 to the north would be 11,315 square feet and the lot to the south,
Lot 2, would be 20,153 square feet. City Code also requires that each lot have a minimum of 80 feet of
frontage at the front setback. Lot 1 to the north would continue to have approximately 93 feet of
frontage. Lot 2 to the south would have 161 feet of frontage measured at the 35 foot setback. The
dimensions of both of the newly created lots provide a sufficient building envelope for development.
Qualification as a Minor Subdivision
The proposed two lot subdivision qualifies as a minor subdivision because the property located at 400
Decatur Avenue North is an existing platted lot of record, the proposed subdivision will produce fewer
than four lots, and it will not create need for public improvements (such as street construction). The
applicant has submitted the required information to the City that allows for the subdivision to be
evaluated as a minor subdivision.
Staff Review of Minor Subdivision
Staff has evaluated the proposed lot subdivision request as a minor subdivision. As previously
indicated, the proposed subdivision would create two lots in the R-1 Single Family Residential Zoning
District.
The Applicant has submitted a survey of the existing lot prior to the proposed subdivision, as well as a
preliminary plat displaying the two lots after the subdivision. The documents show the existing home
remaining—though in order to meet the rear yard setback requirements the deck on the back of the
house would need to be removed. These documents provide the City with the necessary information
to evaluate the proposed minor subdivision.
City Engineer Jeff Oliver has submitted a memorandum dated April 23, 2014, regarding
recommendations from the Public Works Department concerning this request. Requirements set
forth in Mr. Oliver's memo are to be included in the recommended action of this subdivision.
Qualification Governing Approval as a Minor Subdivision
According to Section 12.50 of the City's Subdivision Regulations, the following are the regulations
governing approval of minor subdivisions with staff comments related to this request:
1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the
appropria#e zoning district. Both lots of the proposed subdivision meet the requirements of the
R-1 Single Family Zoning District.
2. A minor subdivision may be denied if the City Engineer determines that the lots are not
buildable.The City Engineer finds that the lots are buildable.
3. A minor subdivision may be denied if there are no sewer and water connections available or if it
is determined by the City Engineer that an undue strain will be placed on City utility systems by
the addition of the new lots.The addition of the new lots will not place an undue strain on City
utility systems.
4. Approval of the minor subdivision may require the granting of certain easements to the City. As
discussed in the Public Works memo, drainage and utility easements must be shown on the final
plat.
5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor
subdivision,the agencies will be given the opportunities to comment. No other public agencies
have jurisdiction over the streets adjacent to the site.
6. The City may ask for review of title if required by the City Attorney for dedication of certain
easements. The City Attorney will determine if such a title review is necessary prior to approval of
the final plat.
7. The minor subdivision may be subject to park dedication requirements. A park dedication fee of
$800 shall be paid by the applicant prior to final plat approval.
Recommended Action
The Planning Department recommends approval of the proposed minor subdivision subject to the
following conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the final plat.
2. A park dedication fee of$800 shall be paid before final plat approval.
3. The existing rear deck on the home at 400 Decatur Avenue North shall be removed to allow the
property to conform to the rear yard setback as outlined in Section 11.21, Subd. 11(A)(2) of the
City Code.
3. The City Engineer's memorandum, dated April 23, 2014, shall become part of this approval.
4. A Subdivision Agreement will be drafted for review and approval by the City Council that will
include issues found in the City Engineer's memorandum.
5. All applicable City permits shall be obtained prior to the development of the new lots.
Attachments:
Location Map (1 page)
Memo from Public Works Department, dated April 23, 2014 (3 pages)
Site Plans (3 pages)
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OIG��Yt MEMORANDUM
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763-593 8030/763-593 3988(fax)
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Date: April 23, 2014
To: KVlark Grimes, Director of Planning and Development
From: Jeff Oliver, PE, City Engineer " �'
Eric Eckman, Public Works Specialist �
Subject: Subdivision Review for Fretham 215t Addition
�;:� ����. �'w; �' ��°�� � >;. �. ,. .,�:<:.: �- : :. ���� : . ����
Public Works staff has reviewed the proposed minor subdivision of property at 400 Decatur
Avenue North.The proposed subdivision is located on Decatur Avenue between Wally Street and
Harold Avenue just west of General Mills Boulevard. The Developer proposes to subdivide the
existing property into two parcels with single family homes.The comments contained in this
review are based on plans submitted to the City on March 20, 2014 and revised on April 18, 2014.
Preliminarv Plat:
The Developer proposes to subdivide the existing property into two parcels, each with its own
driveway access. Lot 1 contains the existing house at 400 Decatur Avenue, which will continue to
use the existing driveway onto Decatur. Lot 2 may utilize the existing curb cut on Harold Avenue
for driveway access. The house on Lot 2 will be positioned on the east side of the property to
allow for the possible future subdivision of Lot 2.
Lot 2 will be custom-graded by the builder and the final design and location of the driveway onto
Harold Avenue will be determined at the time of home construction. The new driveway must
meet City standards including the installation of a concrete apron. A City Right-of-Way Permit is
required for the construction of each of the new driveways.
The property proposed for development is not part of a recorded plat. However, City records
show that there are sanitary sewer easements and drainage and utility easements along much of
the plat boundary. Portions of these easements may need to be vacated as part of this
development. The City will initiate the easement vacation process and provide all public notices
and notification letters. As part of this process,the developer must provide to the City legal
descriptions and exhibits showing the easements to be vacated.
G:\Developments-Private\Fretham 21 st Addition\Subdivision Review.docx
The City's Subdivision Ordinance requires 10-foot drainage and utility easements on all plat
boundaries and 12-foot easements centered on all interior lot lines. The final plat for this
development must include easements on all property lines consistent with the City's Subdivision
Ordinance.
Preliminarv Utilitv Plan:
The City's sanitary sewer and water systems that provide service to these properties have
adequate capacity for the proposed development. The developer has demonstrated that
extension of services is possible as shown on the Preliminary Grading Plan. However,the sanitary
sewer service for the existing house at 400 Decatur Avenue is connected to the sewer main
running along Harold Avenue and will need to be relocated. Depending on the final location of
the sewer service, a private easement between the owners of proposed Lots 1 and 2 may need to
be executed and recorded at Hennepin County. A copy of the recorded private easement would
need to be provided to the City prior to final plat approval.
The water service for Lot 2 is proposed to connect to the City's main under Harold Avenue. The
City recommends that the Developer or Contractor directional bore the service to minimize
disruption to traffic and impacts to the street pavement. A Right-of-Way Permit is required for
any excavations or obstructions within City right-of-way. The Developer or Contractor will also be
required to obtain the appropriate sewer and water permits from the City for the removal and
installation of utility services.
The City has an Inflow and Infiltration Ordinance which serves to reduce the amount of clear
water entering the sanitary sewer system. The owner of 400 Decatur Avenue has entered into an
I/I Compliance Agreement to ensure compliance with the ordinance.The relocated sanitary
sewer service will need to be inspected and achieve compliance with the ordinance before
occupancy of the home. In addition,the Developer or Contractor working on each new home will
need to apply for a Point of Sale permit, complete the required inspections, and achieve
compliance with the City's Inflow and Infiltration Ordinance prior to occupancy of the homes.
Preliminarv Grading Plan:
The proposed development is within the Main Stem sub-watershed of the Bassett Creek
Watershed. Based upon the size of the development, review by the Bassett Creek Watershed
Management Commission (BCWMC) is not required.
The Developer has submitted a preliminary grading plan showing the anticipated elevation of the
new home on Lot 2 as well as a potential future building pad on the west portion of Lot 2. The
new lot will be custom graded at the time of home construction, and therefore a City Stormwater
Management Permit will be required before the start of construction. A stormwater
management plan that meets City standards is required as part of the permit submittal.
G:\Developments-Private\Fretham 21 st Addition\Subdivision Review.docx 2
r
Tree Preservation:
This development is subject to the City's Tree Preservation Ordinance. Because each lot will be
custom graded,the project is considered a Single-lot Development in which a separate Tree
Preservation Permit will be required for each lot prior to home construction.
Summary and Recommendations:
Public Works staff recommends approval of the proposed minor subdivision of property located
at 400 Decatur Avenue subject to the comments contained in this review. These comments are
summarized as follows:
1. Existing drainage and utility easements must be vacated, as discussed in this review.
2. The final plat for this development must include the dedication of new easements, as
discussed in this review.
3. The sanitary sewer service for the existing house at 400 Decatur Avenue must be
relocated, as discussed in this review.
4. The properties must obtain compliance with the City's Inflow and Infiltration Ordinance,
prior to occupancy of the homes.
5. The developer and/or contractor must obtain the appropriate permits prior to
development, as discussed in this review.
Approval is subject to the review and comment of the City Attorney and other City staff. Please
feel free to call me if you have any questions regarding this matter.
C: Tom Burt, City Manager
Jeannine Clancy, Director of Public Works
Mark Kuhnly, Fire Chief
John Crelly, Deputy Fire Marshal
Mitch Hoeft, Utility Engineer
Joe Fox, Water Resources Engineer
AI Lundstrom, Park Maintenance Supervisor
Kelley Janes, Utility Maintenance Supervisor
lason Zimmerman, City Planner
lerry Frevel, Building Official
Sue Virnig, Director of Finance
G:\Developments-Private\Fretham 21 st Addition\Subdivision Review.docx 3
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