10-08-18 PC Agenda AGENDA
Planning Commission
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, October 8, 2018
7 pm
1. Approval of Minutes
September 24, 2018, Regular Planning Commission Meeting
2. Informal Public Hearing — Minor Subdivision — 1711 Xerxes Ave N —Jean and
Dennys Annex — SU01-02
Applicant: Jack Benson
Address: 1711 Xerxes Avenue North
Purpose: To reconfigure the existing four single family residential lots into two
new single family residential lots.
3. Revocation Discussion — Conditional Use Permit— 800 Boone Avenue North —
CU-119
Applicant: City of Golden Valley
Address: 800 Boone Avenue North
Purpose: To discuss the revocation of Conditional Use Permit #119
--Short Recess--
4. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
5. Other Business
• Planning Commissioner Training - CUPs
• Council Liaison Report
6. Adjournment
Tl�is docuniet�t is auailabfe in alter��ate formats upo��a 72-1�our request. Please cail
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Regular Meeting of the
Golden Valley Planning Commission
September 24, 2018
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,
September 24, 2018. Chair Baker called the meeting to order at 7 pm.
Those present were Planning Commissioners Angell, Baker, Blum, Johnson, Pockl, and
Segelbaum (left at 7:55). Also present were Planning Manager Jason Zimmerman,
Associate Planner/Grant Writer Emily Goellner, and Administrativ� Assistant Lisa
Wittman. Commissioner Brookins was absent
1. Approval of Minutes
September 11, 2018, Regular Planning Commission Meeting
MOVED by Johnson, seconded by Segelbaum and motion carried unanimously to
approve the September 11, 2018, minutes as submitted.
2. Informal Public Hearing —Zoning Code Text Amendment— Zoning Code
Recodification —ZO00-116
Applicant: City of Golden Valley
Purpose: To consider replacing Chapter 11 (Zoning Code) in its entirety as part
of th�2018 recodification of the City Code.
Zimmerman stated fh�t staff has been working with the City Clerk since 2017 to update
the City Code, including changes to the Zoning Chapter. He explained that the proposed
changes were broken into three categories. Category A consists of"housekeeping" items
which include updating ti#les and references, modernizing language, and reordering and
simplifying the Gode. Cate�ory B items deal with policy changes that have been vetted
with the Planning Commission, City Council and/or wider departmental discussions.
Category'C items include policy changes that have not been vetted and need additional
discussion and analysis before consideration.
Baker asked if category B items could be moved to category C. Zimmerman said they
potentially could be, but the recodification is set to go to the City Council in October. He
added that there is still some time to make modifications and there will be opportunities to
change things at a later date through the regular Zoning Code Text Amendment process.
Zimmerman referred to the category B items and discussed them each specifically. The
first proposed amendment would update the Code language to handle Tax Parcel
Divisions or Combinations. He explained that the new Code language will ensure
structural nonconformities are not created; it will require approval by the City before action
by the County to do a Tax Parcel Division; it will require the submittal of a survey in order
Minutes of the Golden Valley Planning Commission
September 24, 2018
Page 2
to demonstrate conformance with zoning regulations; and it will require notification by mail
to properties within 250 feet.
Johnson asked if it is possible for a property owner to go directly to the County to do a Tax
Parcel Division. Zimmerman said no because the County requires that the City sign off on
the paperwork.
Zimmerman stated that the next proposed amendment deals with Conditional Use
Permits. The proposed new language states that a Conditional Use Permit �hall expire if
the use ceases for a period of more than 12 consecutive months, and it requires that
changes other than minor changes shall require an amendment to the Gonditional Use
Permit.
Baker asked if the Conditional Use Permit amendment process is different frorn applying
for an initial Conditional Use Permit. Zimmerman stated that the arnendment`process
would be the same and would have the same public hearing and notifica�ion requirements.
Segelbaum asked if the current Conditional Use Perm�t amendment process requires the
applicant to relinquish their existing Conditional Use Permit and re-apply for a new one.
Zimmerman said that potentially is how it would currently be`handled.
Zimmerman stated that the next proposed amendment deals with the height of homes. He
stated that the proposed new language wauld make homes with flat roofs subject to the
same "tent-shaped" or tapered building enve'lope as pitched roofs so a difference in height
limits (25 feet for flat roofs, 28 feet for pitched roofs) is no longer needed, and that the
proposed new language provides clarification on the height allowed for shed roofs on
accessory structures.
Zimmerman stated that the nejct proposed amendment deals with residential density in the
R-3 and R-4 Zoning Disfiricts. The proposed language revises the R-3 Zoning District from
12 units per acre for s�nior use to 20 units per acre for senior use with a Conditional Use
Permit. The proposed language also revises the R-4 Zoning District and establishes a
maximum density of 50 units per acre or 70 units per acre for senior use and a density of
up to 100 units per acre with a Conditional Use Permit. He added that this proposed
language'�aptures what the City is currently doing.
Seg�lbaum stated that the trend is for fairly dense, small apartment units and he worries
that those types of units aren't sustainable over the long term. He asked about the density
of some of the recently constructed apartment buildings. Zimmerman noted that the Arcata
project is the most dense and that all of the others were less dense than that project.
Baker asked if any thought was given to offering incentives for affordable housing.
Zimmerman stated that the City recently adopted the Mixed-Income Housing Policy.
Goellner added that a reduction in the number of parking spaces is allowed in the Policy
as an incentive as well.
Minutes of the Golden Valley Planning Commission
September 24, 2018
Page 3
Segelbaum said he is concerned about allowing 100 units per acre and he worries about
having too many buildings with small units and if that is really sustainable. Zimmerman
stated that Golden Valley is no longer a city with new development so developers need a
certain amount of density to make redevelopment feasible.
Baker asked if smaller units are a trend. Zimmerman said yes, the trend is smaller units
with more amenities and shared spaces. Segelbaum agreed that currently there are no
maximum density levels so the proposed language might be helpful. Zimmerman added
that there are many other factors besides density that developers have to consider such
as parking, traffic, etc. Baker said he doesn't want the City to end up uvith a lofi of vacant,
tiny units. Johnson said it is even more dangerous if the City pays for it with TIF.
Segelbaum said he would like more context of what types of existing projects have 50
units per acre. Baker said he would like staff to look more deeply inta offerin� incentives
for affordable housing.
Zimmerman stated that the next proposed amendment d�als with.Planned Unit
Developments (PUDs). He explained that the Intent and Purpo�e section has been revised
to reflect public benefit in the form of amenities; amenity points are allowed for additional
affordable units provided; minor modifications have made to the other amenity categories;
and one criteria for a Minor Amendment has"been`adjusted to state that an increase in
gross floor area, rather than a change in gross floor area is a trigger for the amendment.
Johnson asked about the definitiart of public''art. Zimmerman said it is art that is in the
public realm or viewable from the public realm. Johnson asked if it could be on private
property. Zimmerman said yes.
Blum referred to the removal of underground parking as a PUD amenity and suggested
that a percentage of underground parking be assigned to incentivize it. He added there is
value in having underground parking in regard to the amount of pavement as well as the
visual impact of parked cars. He said there has also been discussion about putting parking
lots alongside the roadw�y in gateway areas so he thinks the underground parking
amenity points should remain in some way. Segelbaum agreed that underground parking
should be encouraged.
Baker said it has always struck him that the amenity options aren't scaled in any way. He
said he wishes there was more guidance on why the points are given the way they are.
Zimmerman said there is some suggested weighting in the Zoning Code and that a lot of
the weight vf the points comes through the Planning Commission and City Council public
hearing process where there is a review and relative ranking of importance of the amenity
items. Baker questioned why there isn'f incentive to make developers do a lot of good
things and get more amenity points than just requiring them to get five points and do
nothing else. Zimmerman noted that there haven't been any PUD proposals since the
adoption of the amenity point language. He stated that before the amenity point language
was added to the Code there was no guidance at all so this language gives the City a way
to reflect to a developer what the City's preferences are. Segelbaum stated that the size of
the PUD should be reflected in the size of the points given and that there isn't any
Minutes of the Golden Valley Planning Commission
September 24, 2018
Page 4
quantification. He gave the example of a developer receiving amenity points for providing
just a small solar power project. Goellner clarified that the Code states that 50% of the
energy has to be from renewable energy in order to get the amenity points. Blum stated
that a catch all statement could be adding that says all of the factors should be appropriate
or reasonable for the scale of the development. It could then be at the City's discretion to
determine what is appropriate and reasonable. Baker agreed it would be good to reinforce
some type of scaling with the number of amenity points given.
Johnson said it would be good to see some feedback from the market ta help figure out
how to gauge if the customer is happy with the PUD language and am�nity points. Baker
agreed and said it would be good to know if the City is providing a disincentive for,PUDs.
Segelbaum asked if there is way to track development proposals that stafif see buf then for
whatever reason go away. Zimmerman said yes and added that there have anly been a
couple over the past few years.
Zimmerman stated that the last proposed amendment deals with outdt�ar storage. He
explained that the proposed new language clarifies wher� and haw outdoor storage can
take place in the front, side, and rear yards of resid�;ntial properfiies; it establishes a limit of
30 days for landscaping materials to be kept in front yards; it establishes screening
standards for storage in side and rear yards; it al�ows auto dealership inventory storage in
the Light Industrial and Industrial Zoning Qistricts with a Conditional Use Permit and in
parking ramps with the permission of the owner;'and it str�ngthens language around the
screening of inechanical equipment in all zoning districts.
Baker said he realizes that the Planning Comrnission has had several discussions about
outdoor storage and asked to what degree the proposed language adheres to the
Planning Commission consensu� and what was taken into consideration and what was
not. Zimmerman explained that sfaff braught a summary of the Planning Commission
discussions to a Council/Manager meeting. He stated that a lot of the proposed changes
were about how to provide screening in side yards and looking from the street into
people's properties because it is`difficult to screen items 100% while still being able to
access them. He added that the proposed language requires items in a side yard to be
stored five feet frorn the property rather than the current requirement of three feet. He
noted that some ofi the Planning Commissioners had suggested that items stored in a side
yard be required to follow the same setback requirements as the house, but the City
Council felt that was too much to require. He stated that the City Council did agree with the
Planning Commission in regard to auto dealership inventory storage.
Blum said h� is interested in exploring any conflicts the proposed Zoning Code language
might have with the International Property Maintenance Code (IPMC) and how people are
supposed to know what is appropriate and what to follow. Zimmerman stated that Planning
staff worked closely with Fire staff in this process and tried to make the language and
definitions consistent. He explained that the IPMC deals more with unhealthy and unsafe
conditions and that the Zoning Code deals more with aesthetic issues.
Pockl asked if a definition for storage has been considered. Zimmerman said it has not
because it is helpful to leave the definition a little open to interpretation so that staff can
Minutes of the Golden Valley Planning Commission
September 24, 2018
Page 5
work with people when necessary. He said he agreed that it might be helpful to provide
residents some more guidance as to what is allowed and what is not.
Blum referred to the proposed language about screening and stated that it seems
inconsistent to state that screening is required in side and rear yards but to not ask for
screening for items in front yards. Zimmerman clarified that items are not allowed to be
stored in front yards except for on a driveway. Blum asked if an RV can be stored on a
driveway indefinitely. Zimmerman said yes.
Baker asked if there are rules regarding the number of cars a person c�n have Qn their
driveway. Zimmerman said there is not a limit in the number of cars, but everything else
has to be stored in a garage, or in a side yard or rear yard and screened.
Blum referred to the language regarding the screening of m�ehanical equipment and said
that it seems to restrict other items that the City might not want screened such as solar
panels, satellites, etc. Baker suggested using more specific language rather than saying
"mechanical equipment." Zimmerman said staff can work c�n the language to be more
specific about what is allowed and what is not.
Zimmerman stated that the next step in recadification process is the first consideration for
all chapters except the Zoning chapter at the City Council an`October 2 and a second
consideration for the entire Code on Oetober 16.
Blum said he would like to submit neighborh�od signage at entrances or common
roadways and sunset clauses for a number of items as Category C items for future
consideration.
Baker opened the public hearing.
Zimmerman referred to an email he received that had similar concerns about the definition
of storage and concerns about pfacing too much burden on homeowners to provide
screening.
Angell said h� wc�uld like to note that he thinks having some room for interpretation in the
Zoning C�de can be helpful when dealing with outdoor storage issues and that he is
supportive af the proposed Code changes and not supportive of some of the changes that
were suggested in the resident's email Zimmerman referred to.
Seeing and hearing no one wishing to comment, Baker closed the public hearing.
MOVED by Angell, seconded by Blum and motion carried unanimously to recommend
approval of the replacing Chapter 11 (Zoning Code) in its entirety as part of the 2018
recodification of the City Code.
--Short Recess--
Minutes of the Golden Valley Planning Commission
September 24, 2018
Page 6
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No reports were given.
4. Other Business
• Council Liaison Report
No report was given.
Zimmerman stated that the 2040 Comp Plan Update will come back to the Planning
Commission for review in November.
Zimmerman stated that the ULI Downtown Study will be discussed at the C}ctober 9
Council/Manager meeting.
Goellner stated that Andy Snope has been appainted to the Board of Zoning Appeals.
Johnson stated that the Planning CommissiQn has spent a It�t of time on the Comp Plan
Update and he would like to know the next levef of w4rk.and°how the Planning
Commission can provide a better service and what additional things they can do. Baker
suggested adding that to the list of future discussion items that Zimmerman recently
provided. Johnson said he would like to IQok'at an overlay of the City, the housing
goals, and redevelopment goals and he questioned what the Planning Commission
could do differently or how they can g�f more involved in an active planning role.
Zimmerman stated that the first discussion item they will be discussing is pedestrian
overlay districts. Johnson suggested that rather than cancelling Planning Commission
meetings when there'are no agenda items they could use that time for education
instead. Blum suggest�d discussing overlay districts outside of the specific Douglas
Drive one.
5. Adjournment
The meeting was adjourned at 8:14 pm.
Ron Blum, Secretary Lisa Wittman, Administrative Assistant
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763 593 8095/763 593 $1Q9(fax)
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Date: October 8, 2018
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing on Preliminary Plan for 1711 Xerxes Avenue North
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Summary of Request
Jack Benson is proposing to replat his property located at 1711 Xerxes Avenue North into two lots.
The underlying plat shows four lots of record, all held under common ownership by the applicant and
sharing one property ID. There is one existing single-family home on this lot, which would remain
under this proposal, and a second buildable lot for a future single-family home would be created.
The applicant has submitted a survey showing the proposed subdivision. The existing home would
continue to have access off of Xerxes Ave N; the second lot would have access off of the cul-de-sac on
York Ave N to the west.
The property is guided for Low Density Residential use in the Comprehensive Plan and zoned Single
Family Residential (R-1). It sits along the eastern boundary of Golden Valley, to the east of Theodore
Wirth Regional Park.
A letter describing the proposed subdivision was sent to property owners within 500 feet. To date,
staff has not received any communication regarding this letter. Staff did receive one clarifying call in
response to the notice of public hearing.
Staff Review
The subject property is bordered by single-family homes to the north and south, across York Ave N to
the west, and across Xerxes Ave N to the east. Theodore Wirth Regional Park lies roughly 300 feet to
the west on the other side of railroad tracks owned and operated by the Burlington Northern Santa Fe
railroad.
The layout of the proposed subdivision would create two new lots and remove existing underlying lot
lines that currently show four lots of record. The existing home on Lot 1 would remain and continue
1
to access Xerxes Ave N to the east. The second lot would have future access to the cul-de-sac on York
Ave N to the west.
Changes to the minimum lot area requirement of the Subdivision Code made in 2015 require a
calculation of the average lot size of all residential lots within 250 feet of the subject property in the
Single Family Residential (R-1) Zoning District. If the average is greater than 18,000 square feet, the
new required minimum lot size becomes 15,000 square feet. If the average is less than 18,000 square
feet, the required minimum lot size remains at 10,000 square feet.
For 1711 Xerxes Ave N, the average size of the lots within 250 feet is approximately 12,212 square
feet. Therefore, the required minimum lot size of each new lot is 10,000 square feet. The existing lot
is 27,042 square feet. The proposed Lot 1, to the east, would be 16,559 square feet. The proposed Lot
2, to the west, would be 10,395 square feet.
City Code requires that each non-corner lot have a minimum of 80 feet of width at the front setback
line and maintain 80 feet of width for 70 feet of depth. Lots 1 and 2 would each have over 80 feet of
width at the 35 foot setback line and would maintain sufficient width 70 feet back from the front lot
line.
The dimensions of both Lots 1 and 2 would provide sufficient building envelopes for development.
The one existing sanitary sewer service was recently inspected for compliance with the City's Inflow
and Infiltration requirements. Pending the outcome of the inspection, the applicant may be required
to make repairs or escrow funds sufficient to ensure compliance.
As required by the Subdivision Code, a tree inventory was performed in order to document all existing
trees. This inventory will be reviewed by the City Forester and used to calculate any required tree
replacement if additional lots are developed.
The Engineering Division has reviewed the application and has provided permitting information and
technical comments regarding the preliminary plat, stormwater management, the Natural Resources
Management Plan, the Tree and Landscaping Plan, utilities, and right-of-way management (see
attached memo).
The Fire Department has reviewed the application and has no comments or concerns.
If approved, a park dedication fee of$1,980 would also be required prior to release of the Final Plat.
Evaluation of Minor Subdivision
The proposed subdivision qualifies as a minor subdivision because the property located at 1711
Xerxes Ave N consists of existing platted lots of record, the proposed subdivision will produce fewer
than four lots, and the action will not create the need for public improvements.
According to Section 12.50 of the City's Subdivision Code, the following are the regulations governing
approval of minor subdivisions:
2
1. Minor subdivisions shall be denied if the proposed lots do not meet the minimum area and
dimension requirements for the Zoning District in which they are located, or if vehicular access
is not provided from an abutting improved street. Both proposed lots meet the requirements of
the Single Family Residential (R-1) 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 would not place an undue strain on City
utility systems.
4. Approval of the minor subdivision shall be conditioned on the granting of certain easements to
the City. As documented in the City Engineer's memo, standard drainage and utility easements
along all property lines would be required.
5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor
subdivision,the agencies will be given the opportunity to comment and approval may be
conditioned on the requirements of the outside agency. Not applicable.
6. The City may ask for a 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
$1,980 (6%of the estimated land value with credit for one existing unit) would be required for this
subdivision.
8. The conditions spelled out shall provide the only basis for denial of a minor subdivision.
Approval will be granted to any application that meets the established conditions. Staff finds all
conditions have been met.
Recommended Action
Staff recommends approval of the proposed minor subdivision subject to the following conditions:
1. The City Attorney shall determine if a title review is necessary prior to approval of the Final Plat.
2. A park dedication fee of$1,980 shall be paid before release of the Final Plat.
Attachments:
Location Map (1 page)
Memo from the Engineering Division dated October 2, 2018 (3 pages)
Tree Inventory (1 page)
Plans submitted August 30, 2018 (1 page)
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763-593-8095/763-593-8149(fax)
Date: September 28, 2018
To: Jason Zimmerman, Planning Manager
From: Jeff Oliver, PE, City Engineer
Eric Eckman, Development and Assets Supervisor
Subject: 1711 Xerxes Ave N —Minor Subdivision Review
�
Engineering staff has reviewed the application and plans for the proposed minor subdivision of
property located at 1711 Xerxes Avenue North. The subdivision consists of splitting one parcel
into two new parcels. The Applicant proposes to retain the existing house at 1711 Xerxes and
create a new parcel on the western one-third of the existing property. The new parcel will have
driveway access onto York Avenue. The comments contained within this review are based on the
plans submitted to the City on August 30, 2018.
1. Survey and Preliminary Plat.
a. Please utilize an elevation benchmark from the City's benchmark system and show
and label it on the survey.
b. The existing property proposed for development consists of Lots 3, 4, 36, and 37,
Block 3, of the McNair Manor subdivision. City records indicate there are no
platted easements or easements of record across this property. However,the
developer must check Hennepin County records and perform a current title
commitment prior. to final plat approval.
c. The City's Subdivision Ordinance requires drainage and utility easements on all
plat boundaries (10 feet wide), along streets (10 feet wide), and along interior lot
lines (12 feet wide centered on lot line). The preliminary plat must be updated to
show the proposed easements prior to final plat consideration.
d. Existing and proposed utilities must be shown on the survey. The City has record
drawings available to assist with this effort and will locate and mark the City
utilities consistent with state law. The developer and/or contractor is responsible
for coordinating the location and surveying of the utilities in order to determine
the availability of utility connections.
G:\Developments-Private\1711 Xerxes Ave N\Minor Subdivision review.docx
e. Each lot must have its own driveway access and the new driveway must meet city
code requirements and engineering standards including the installation of a
concrete curb cut and apron. A City Right-of-Way Management Permit is required
for the construction of new driveways. In order to protect the City's investment in
its infrastructure, no curb cuts or pavement excavations are allowed between
November 1st and the date that spring load restrictions are Iifted by MnDOT,
typically in April or May.
2. Grading Plan (Stormwater Management).The preliminary plat submitted with this
application includes a preliminary grading plan for the new lot. Staff's understanding is
that 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. No
clear-cutting or mass grading is proposed.The preliminary plan shows an attempt to
minimize the disturbance of soils for construction of a home into the wooded slope
present in this area. A stormwater management plan that meets City standards is
required as part of the permit application. In general, existing drainage patterns in the
area must be maintained and stormwater runoff from each property must be minimized
to the maximum extent practicable.
3. Tree and landscape Plan. The Developer has submitted a tree survey and inventory
consistent with the City's Subdivision Ordinance. The inventory shows significant and
legacy trees present on this site. Staff encourages site design that retains existing healthy
trees and vegetation whenever feasible. The developer will need to follow the priority
order listed in city code if mitigation is triggered. A tree and landscape permit for the new
lot will need to be obtained before beginning a�n r work onsite. Permit submittals include a
tabular inventory of significant and legacy trees and a plan showing trees to be removed,
protected, and planted.The City Forester will review the plan and inventory in more detail
at the time of permitting.
4. Natural Resources Management Plan. Staff consulted the City's natural resources
management plan.The proposed development is located on the northeast edge of a
woodland area consisting of hardwood trees such as oak, linden, hackberry and a variety
of maple species. A significant amount of buckthorn is also present in this area, although
it appears it has been removed from this property recently. Because the property is
adjacent to Theodore Wirth Regional Park, a large public nature area, the development of
this property is not expected to have a significant impact on the City's natural resources.
However, as noted above, staff encourages site design that retains existing healthy trees
and vegetation whenever feasible. Consistent with the City's natural resources plan, staff
recommends managing buckthorn and any other exotic, invasive/aggressive, or noxious
vegetation located on the property as part of this development and in accordance with
state and local laws.
G:\Developments-Private\1711 Xerxes Ave N\Minor Subdivision review.docx
5. Utilities.The City's water, sanitary sewer, and storm sewer systems have adequate
capacity to accommodate the proposed development. Following are additional comments
on the utilities:
a. The existing survey and preliminary plat do not show the location of all existing
and proposed utilities and services. The developer or contractor must submit a
proposed utility plan for the new lot prior to issuance of permits.
b. The City water and sanitary sewer mains appear to be located under the street and
will require the Developer to excavate the pavement to accommodate the
connections. Impact and disruption to traffic and utility service must be minimized
to the extent feasible during construction. Staff will review the utility and
restoration plan in more detail at the time of permitting.
c. According to city code,the sump pump discharge from all new homes must be
piped underground and connected to the City storm sewer system when available.
In this case, a storm sewer is available on York Avenue in front of the new parcel.
d. A Right-of-Way Management Permit is required for all excavations and
obstructions within City right-of-way. The Developer or Contractor will be required
to obtain the appropriate sewer, water, and storm sewer permits for the removal,
rehabilitation, or installation of utility services.
e. Sanitary Sewer Inflow and Infiltration (I/I) Reduction. The sewer service at 1711
Xerxes is not compliant with the City's I/I Ordinance. However, an inspection was
scheduled and results are pending review by the City. If repairs are necessary, they
must be made or funds escrowed with the City to ensure compliance. The new
home must be inspected and obtain compliance with the City's I/I Ordinance prior
to occupancy.
6. Right-of-Way Management. A City Right-of-Way Management Permit is required for the
proposed excavations and obstructions within public streets, rights-of-way, and
easements. Excavated streets must be restored to meet City standards.
Summarv and Recommendations
Engineering staff recommends approval of the proposed minor subdivision located at 1711
Xerxes Avenue North subject to the conditions and comments contained in this review. Approval
is also subject to the review and comments of the City Attorney and other City staff. Please feel
free to call me if you have any questions regarding this matter.
C: Tim Cruikshank, City Manager
Maria Cisneros, City Attorney
Marc Nevinski, Physical Development Director
John Crelly, Fire Chief
Emily Goellner, Associate Planner
Joe Kauth, Building Official
Tim Kieffer, Public Works Maintenance Manager
Joe Hansen, Utilities Supervisor
AI Lundstrom, Park Maintenance Supervisor and City Forester
G:\Developments-Private\1711 Xerxes Ave N\Minor Subdivision review.docx
RJ Kakach, Assistant City Engineer
Karen Moores, Engineering Technician
Drew Chirpich, Environmental Specialist
G:\Developments-Private\1711 Xerxes Ave N\Minor Subdivision review.docx
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Ph�sic�I �►�e�elo�mm�;��t Il�+ep�rtrnent
7'�3-593-8o9S!7fi:�-��3-8�09�fa�t�
Date: October 8, 2018
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Discussion of Conditional Use Permit 119—800 Boone Avenue North
Summary
At the City Council meeting on September 20, 2018, the Council voted to revoke Conditional Use
Permit (CUP) 119 for the business located at 800 Boone Avenue North due to repeated violations
of the conditions associated with the permit. The Council then voted to stay the revocation and
referred the matter to the Planning Commission to consider amending the permit in lieu of
revocation. The Council will review the Planning Commission's recommendation at its meeting on
November 7.
Background
The CUP for an adult day care at this address was first approved in 2007 and allowed for up to 70
clients to be served on-site. At that time a condition was included in the permit which stated that
"the hours of normal operations shall be from 7 am to 5:30 pm with the exception of occasional
evening social functions."
In 2009, the property owner approached the City Council to request a Zoning Code text
amendment to allow banquet facilities/catering halls to be included as allowed uses in the Light
Industrial Zoning District so that his property could be used in this fashion. The City Council
declined to support this amendment. About the same time, the Minnesota Department of Human
Services (DHS) determined that up to 175 clients could be served at the facility.
In 2011, an amendment to the CUP was approved that increased the number of clients to 265 as
the business expanded within the building and DHS adjusted the authorized number. During the
public hearing, the Planning Commission questioned the property owner and City staff about the
use of the facility as a banquet hall. The owner replied that banquets would serve only clients and
employees of the business and he did not anticipate having more than eight events per year. Staff
made it clear that banquets that were open to the public were prohibited in the Light Industrial
Zoning District.
1
Earlier this summer, the Police Department reached out to Planning staff to ask about any
restrictions on activities at the property. They reported receiving complaints from nearby
properties about loud parties taking place in the evenings and into the early morning hours, and
that officers had witnessed drinking and dealt with fights in the parking lot. Staff contacted the
property owner and initiated a conversation about the evening use of the property and the
conditions of the CUP. Based on information provided to staff about the frequency and nature of
events being booked (see attachments for more details), staff proposed a set of mutual
clarifications which would further define the conditions on the current CUP. The property owner
declined to agree to the clarifications.
Staff then brought the matter to the attention of the City Council and recommended revoking the
CUP as outlined in Chapter 11.80, Subd. 2(0) of the City Code ("The Council shall have the right to
revoke or suspend any conditional use permit whenever the terms or conditions of such permit
have been violated or broken. All such action by the Council to revoke or suspend a conditional use
permit shall be by means of a majority affirmative vote of Council Members.").
On September 20, the Council voted (5-0)to revoke the CUP and then to stay the revocation until
November 7 to allow time for the Planning Commission to review the matter and potentially
propose amended conditions.
The following evening, September 21,the police reported a large event with live music and kegs of
beer was taking place in and around a large tent set up in the front yard of 800 Boone Ave. A
representative for the business/property told the police officer that the gathering was an annual
employee appreciation event.
Findings for Revocation
The City Council based its revocation on four findings, as detailed in the staff inemo from
September 20, 2018:
1. The number of social events being held exceeds what was intended under Condition 4.
2. The timing and length of the events exceeds what was intended under Condition 4.
3. The owner permitted alcohol to be consumed on the property without a permit in violation
of state statute.
4. The use of the property as a banquet/catering hall is in violation of the Zoning Code which
does not allow this use in the Light Industrial Zoning District.
Evaluation
Staff agrees with the City Council that the adult day care services that are being provided by the
property owner are a benefit to Golden Valley and to seniors throughout the west metro.
However, the "occasional evening social functions" that are currently allowed under the CUP
have proven to be troublesome and have resulted in numerous complaints from other nearby
property owners.
2
There may be a legitimate interest in allowing clients to use to space in the building for
gatherings as an extension of the adult day care services being provided. However, as staff, it is
difficult to determine if the property is being inappropriately used as a banquet/catering hall as it
appears based on the property owner's records. Trusting the property owner to self-police and
abide by this restriction has proven not to be successful in the past. Therefore,the simplest and
most straightforward solution would be to completely restrict evening social events at this
location.
Regardless, the evening use of the facility by employees for work-related events (such as an
employee appreciation event) is in no way associated with the adult day care use and should not
be regulated under the CUP.
The City is in no position to allow alcoholic beverages to be consumed at this location without the
business first obtaining a liquor license or receiving a permit. A violation of this regulation could
subject the property owner to criminal charges.
If the property owner wishes to legally use the facility as a banquet/catering hall, the necessary
amendment to the Zoning Code must first be approved by the City Council. Any use of the
property for this purpose absent that amendment would be considered to be a misdemeanor
offense.
Recommended Action
If the Planning Commission agrees that the entire CUP should be revoked, it should recommend
this to the City Council in advance of its regular meeting on November 7.
If the Planning Commission wishes to amend the CUP to include revised conditions addressing
the evening events in question, it should schedule a public hearing for the October 22 meeting in
order to solicit public input and draft new language.
Attachments
Location Map (1 page)
Conditional Use Permit 119 (1 page)
Staff inemo to Council/Manager meeting from April 14, 2009 (7 pages)
Minutes of Council/Manager meeting of April 14, 2009 (1 page)
Staff inemo to Planning Commission from June 13, 2011 (12 pages)
Minutes of Planning Commission meeting of June 13, 2011 (4 pages)
2018 summary police report for 800 Boone Ave N (1 page)
Letter and attachments from property owner dated July 12, 2018 (26 pages)
Letter from Planning Manager to property owner dated July 30, 2018 (2 pages)
Staff inemo to City Council from September 20, 2018 (3 pages)
Minnesota Statute 304A.414: Consumption and Display Permits (2 pages)
Police report dated September 21, 2018 (3 pages)
3
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CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMlT
No. CU-119, Amendment#2
Date of Approval: Ori�inal CUP - November 20 2007 by the City Council in
accordance with Sec. 11.10 Subd. 2 and Section 11.30 of
City Code, Amendment 2 Approval —Auqust 3, 2011
Issued To: Heartland Adult D�care a subsidiary of DRAM Properties,
Inc.
Approved Location: 800 Boone Avenue North, Golden Valley, MN
Approved Conditional
Use: To allow for an adult day care center in the Liqht Industrial
zoning district.
Conditions of Approval:
1. Afl signage shall meet the requirements of the City's Sign Code. The Golden Ballroom
sign shall be removed immediately.
2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled
"Existing Site Plan" shall become a part of this approval.
3. The adult day care shall be limited to the amount of clients specified by the Minnesota
Department of Human Services.
4. The hours of normal operation shall be from 7 am to 5:3Q pm with the exception of
occasional evening social functions.
5. All improvements to the building shall meet the City's Building Code requirements.
6. All necessary licenses shall be obtained by the Minnesota Department of Human
Services and the Minnesota Department of Health before adult daycare operations
may commence. Proof of such licensing shall be presented to the Director of Planning
and Development.
7, All outdoor trash and recycling containers shall be screened in a manner aceeptable
ta the Inspections Department.
8. The trailer ussd for storage and other temporary storage buildings shall be removed
from the site immediately.
9. Inflow and Infiltration rehabilitation compliance sha{! be completed within 90 days of
the approval of the amended CUP. If the work is not completed by that time, the
City has the right to use the posted escrow to complete the wark.
10. The applicant shall provide an onsite bicycle rack allowing parking for a minimum of
five bicycles.
11. The requirements found in the memo to Mark Grimes, Director of Planning and
Development, from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2Q11
shall become a part af these requirements.
12. All other applicable local, state and federal requirements shall be met at all times.
13. Faiiure to comply with one or more of the above conditions shall be grounds for
revocation of the conditional use permit.
Warning: This permit does not exempt you from all other city code provisions,
regulations, and ordinances.
�
Issued by:
Mark Grimes, Director of Planning and Development �
Memorandum
Planning
e 763-593-8095/763-593-8108(fax)
Executive Summary
Golden Valley Council/Manager Meeting
April 14, 2009 ,
Agenda Item
1. Request to Amend Ciiy Code-Allow Catering Establishments in Light Industrial Zoning
District
Prepa�ed By
Mark Grimes, Director of Planning and Development
Summary
DRAM Properties, LLC is requesting that the City Council allow the process to begin to
consider changing the text o#the Light Industrial Zoning District to permit (by right or
conditional use)the operation of a catering establishment. The request is summarized in a
letter from David Olshansky dated March 9, 2009.
As background, Mr. Olshansky received a Conditional Use Permit (CUP) in November 2007
to operate adult day care in the building at 800 Boone Avenue North. The CUP allows up to
70 clients to be served in the building. On March 20, 2009, the Ciiy received a letter from the
Minnesota Department of Human Services that indicates a license for the care of 20 adults
has been applied for by a subsidiary of DRAM Properties. At this time, some minor building
permit issues must still be resolved prior to opening the adult day care at 800 Boone Avenue
North. Since the CUP was approved by the City Council in November 2007, the owner has
been making improvements to the building required to operate adult day care.
The improvements at the 800 Boone Avenue North building do include a kitchen that will
provide food for the clients at this site and their other adult day care site they own within the
City at 4949 Olson Memorial Highway. They are currently renting a kitchen off site to prepare
food for the adult day care at 4949 Olson Memorial Highway.
Any change to the Zoning Code is at the discretion of the City Council. At the present time,
the property is zoned Light Industrial. Within that Zoning District, there is a long list of both
permitted and conditional uses. When DRAM purchased the property in 2007, they were
aware of the allowed uses in the Light Industrial Zoning District. If the City Council determines
that a change is not appropriate, the City has not "taken" any rights away from the owner.
The City does allow catering establishments in the Commercial Zoning District. If the City
Council decides that this change is one that should be considered, it would be referred back
to the staff and Planning Commission to begin the process to amend the Zoning Code.
Attachments
Location Map {1 page)
Letter from David Olshansky dated March 9, 2009 (5 pages)
DR.AM Pro erties LLC.
p �
800 Boone Avenue N., Suite 175
Golden Va.11ey, MN 55427
Bus. {763) 417-8888 Fax (763) 417-9999
March 9,2009
Mr. Mark Grimes
Director of Planning and Development
City of Golden Valley
7800 Golden Valley Road
Golden Va11ey,MN 55427
Dear Mark:
I would like to follow up our conversation concerning the space at 800 Boone Avenue N., Golden
Va11ey,MN 55427 and our sincere hope to make it into a beneficial and plausible caterin¢
establishment. As you know,we worked hazd in the last few years to bring forth unique services
which make our community a better place to live. Although the downturn in the economy is palpable,
we hope to make our facility a resource that people can treasure.
We continue to operate the Hearttand Adult Daycaire at 4949 Olson Memorial Highway in a manner
that is both non-intrusive and valuable for the commuruty.We have always tried to operate a well-
organized,professional business that looks out for the people it serves: Currently,we serve a variety
of nationalities,including American, Spanish,East European, and Southeast Asian and most people
really enjoy our program. Thus far,we have fielded a lot of requests for a more affordable social
atmosphere both from participants and from family members who simply cannot pay the asking prices
of other Golden Valley locations. In asking for your permission to operate a beneficial and orderly
catering establishment,I would like to provide some details that can help you evaluate our plan.
From the communiry development perspective,our facility currently provides an organized adul+
daycare program during daytime and evening hours,and can also be used for cultural and social events
for relatives and friends of those who utilize the daycare program as well as other residents of the
Minneapolis-St.Paul metropolitan area,who would seek to host and/or attend social gatherings
particular to their own respective cultural backgrounds. These gatherings could include life cycle
events such as birthday parties,religious observations and confirmations,weddings,family reunions,
holiday parties,retirement parties,and etc.
Looking at pre�edent and the technical aspects of our plans, it appears that both Golden Valley and the
seemingly strict St. Louis Park allow catering establishments in industrial zoned areas. Moreover,our
site is accessible,not adjacent to single family residences, and offers sufficient off-street pazking
spaces.
As we mentioned before,we are currently renting a kitchen elsewhere for our adult daycare needs.
This is inefficient and particularly expensive. Our proposed catering establishment,however,will
make it a lot easier for us to provide quality food to the people we serve. Moreover, we do not want to
compete with general catering esta.blishments both beca.use that is not our business and because our
target audience is different from theirs. The food cooked here would be made available for the adult
daycare program and other scheduled onsite events only. We would not cater outside events.
Our location can provide space in a manner that will engage the core audience and will complement
other catering establishments in Golden Valley by offering a unique and beneficial public service. For
example,we have thus far field�over 25 requests by members of Baptist churches for affordable
space where they will prepare their own food and sit in large groups at tables having discussions,
taking pictures,and drinking water and cola. Thus far these people have had to limit the size of their
parties because they had to ta.ke place at homes and in uncomfortable gymnasiums with no kitchen
access. We have had many requests to use our facility for such purposes precisely because no other
affordable opportunities exist. We beiieve we can get more coxnxnunity members involved and we
believe we can do so without harming anybody's interests.
As I stated in our conversation, we want this facility used in an orderly and inoffensive manner. We
operate a professional business and our community image means everything to us. Pmspectively,
every event would be scheduled and evexy host screened. For each event, liability and damage
insurance would be mandatory. Currently,we are not licensed to provide alcoholic beverages nor can
nonlicensed participants or hosts bring them into the facility. We do not plan to seek a liquor license,
though we would like the optian to have our guests hire a licensed caterer with a liquor license if they
choose to be served liquor on the premises and if they purchase the special insurance available for such
events.
As mentioned earlier,we want to operate this catering establishment in a legal,orderly,and inoffensive
manner. We believe this space should be used for the purposes outlined above and we will not a11ow
illegal,irresponsible,or contentious behavior on the premises. We aze very consciaus about managing
this facility in the same manner that we successfully operate our other Golden Valley location at 4949
Olson Memorial Hvcry. We want to do everything rigtit,we do not want to sell the�property to anyone
else,and we believe we can provide a valuable service to the community that few others can. As you
can see from the enclosed pictures,this is a unique facility and different event layouts can facilitate a
variety of appealing celebrations.
As an added benefit,we would also extend the opporiunity to the city of Golden Valley for community
recognition events, as well as any other city-sponsored event or program. We are serious about adding
value to the community and in these negative economic times,we can provide a positive service that is
sure to please. I hope the attached pictures show our high standards and dedication to professionalism.
We seek your permission to operate a catering esta.blishment in a manner and for the reasons described
above. If you have any follow up questions or would like to tour our facility,please do not hesitate to
let me know. I are more than willing to work with you to find a suitable use of this property in a
manner that will make the City of Golden Valley proud of us just like it is with our current services. I
know that we can be an asset to this city.
Respect y , �
.
D ky
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Council/Manager Meeting Minutes
April 14, 2009
� ent: Mayor Loomis and Co cil Members Freiberg, Pentel, Scanlon and Shaffer,
City Tom Burt, Direct of Planning and Development Mark Grimes, City
Planner Joe Ho , Chief Fire and s Mark Kuhnly, Property
Maintenance Inspector ic Works Director Jeannine Clancy, Police
Chief Stacy Altone is ' Manager Jeanne Andre.
Th eting began at 6:40 pm the Counci nce Room.
Request to Amend City Code—Allow Catering Establishments in Light Industrial
Zoning District
The City Council reviewed the request of David Olshansky of DRAM Properties LLC to
use the property at 800 Boone as a catering facility. Their conclusion was that catering
as an accessory use to adult day care is appropriate, but that use of the property as a
banquet facili�jr/catering halt is not appropriate in a light industrial zone. Therefore the �
Council does not wish to amend the City Code to allow a catering hall as a permitted or
conditional use in the light industrial zoning district.
reclosures in Golden Valley Pre ntation
J Kunde reviewed data on current reclosures in Golden Valley and explai ed that
Insp 'ons and Po(ice monitor prope s in foreclosure to alleviate probl ith
break-in nd lack of maintenance. � ation orders continue to be is when
property is oreclosure as these ord run with the property. n foreclosed
properties cur tly have outstanding ders. If residents see Ip to avoid foreclosure,
they are provide information pack prepared by Hen in County and referred to
the Hennepin Coun eb Site.
Human Rights Commis Project
Council Member Scanlon di ' uted a ove ' of recent Human Rights Commission
activities. The Council discusse ' d ir have the HRC identify activities to
promote its mission and Council M canlon indicated that the HRC would like
direction from the Council. A numbe tions were discussed with the determination
that HRC interest in demographi ort an educational mission related to the
upcoming census. Counci! s ested at ogeboom attend the May Commission
meeting to review Hennepi ounty's omplet ount' initiative to educate all sectors
of the population in the i ortance of e census.
Proposed Golde Iley Town Squ re Landscaping innetka Avenue/Golden
Valley Road)
The Council iewed a modified pla o replace plantings o e northwest corner of
Winnefka enue and Golden Valley oad. Jeannine Clancy di ' uted staff comments
on the posal. The Council determ ed that it would not support oving existing
Lind and Maple trees. It is willing t consider offering a license to wo 'n the right-of-
w o remove the arborvitae hedge nd replace it with grasses, along w'
I dscaping the lower area next to t shopping center parking lot.
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0 ` ��k� Planning
e
763-593-8095/763-593-8109 (fax)
Date: June 8, 2011
To: Planning Commission
From: Mark W. Grimes, Director of Planning and Development
Subject: Informal Public Hearing on Amended Conditional Use Permit (CUP-119) to
Allow for Expansion of Legacy Adult Day Care at 800 Boone Avenue— David N.
Olshansky (President, DRAM Properties, Inc.), Applicant
Background and Description of Existing and Proposed Uses
Mr. David N. Olshansky, president of DRAM Properties, Inc. has requested an amendment to
the existing Conditiona! Use Perm� (CUP) No. 119 in order to expand the existing adult day
care facility at 800 Boone Avenue. The expansion in space would eventually allow the State to
license the facilifiy for up to 265 persons. Currently, they are licensed to have up to 170
persons. (The existing CUP states that the day care is limited to 70 clients or the amount
specified by the State. The State recently increased to number allowed from ?n to 170 in the
space designated in the CUP. This was also approved by city staff.) The existing adult day
care has operated successfully since it was approved in 2007.
The building at 800 Boone Ave. N. is owned by DRAM Properties and is 42,655 sq. ft. in area.
The original CUP allowed DRAM Properties to operate the adult day care in about 20,000 sq.
ft. of the building. The proposed amendment to the CUP would allow DRAM ta use the entire
building for adult day care and offices for Home Health Care when the current tenant (Leeds).
vacates the building. �
Currently, there are three tenants in the building. First, Legacy Adult Day Care (owned by Mr.
Olshansky and formally called Heartland Day Care) occupies about 13,900 sq. ft. of the
building. This adult day care use was approved by the original CUP for 70 adults or a number
approved by the State based on size and capacity of Legacy Adult Day Care. About 5,300 sq.
ft. of the building is occupied by the office headquarters for Health Care Plus, Inc. Health Care
Plus is also owned by Mr. Olshansky. Health Care Plus provides home health care services to
seniors and employs 50 or so people in this office space. Until recently, Leeds:, Inc. occupied
about 23,500 sq. ft. of the building. Leeds has reduced their size to 10,970 sq. ft. of office and
warehouse space. The remaining 12,500 sq. ft. of the building formally occupi�d by Leeds is to
be used for expansion by Legacy Adult Day Care. When Leeds ends its lease with DRAM
Properties, the remaining space now occupied by Leeds will be converted to Legacy Adult Day
Care. At that time the entire building would be occupied by either Legacy Adult Day Care or
Health Care Plus offices.
Legacy Adult Daycare now employs approximately 15 people and serves betvueen 60 to 70
elderly clients although they are licensed by the State to care for 165. At this time, the clients
are primarily Chinese and Southeast Asian. The pian is to expand Legacy to serve additional
members of those groups. The day care space includes a dining area, a kitchen, activity rooms
and several restrooms for its facility. Regular hours of operation are from 7 am to 5:30 pm;
however, the majority of clients are there from 9 am to 3 pm. Almost all of the clients come to
the tlay care on small busses. There may be some after-hour events that serve the clients of
Legacy Adu1t Day Care or Health Care Plus. The City Council approved a similar CUP, issued
to DRAM Properties, on November 5, 2003 for the operation of an adult daycare at 4949 Olson
Memorial Highway. The adult day care has successfully occupied this location with no
violations of the CUP. The adult day care on Olson Memorial Highway primarily serves
Russian clients.
The building at 800 Boone Avenue was constructed in 1973. It is located in th� Light Industrial
zoning district. The site is guided for light industrial uses in the Comprehensive Plan. Leeds
Precision Instruments, a microscope manufacturing company, is currently located in a
separate area of the building and occupies about 10,900 sq. ft. Individual access would be
provided for the proposed adult day care facility. Legacy Adult Day Care occupies about
13,900 square feet in the northern and western portion of the building. An additional 5,300
square feet of the northern portion of the building is used as office space for Home Health
Care, Inc.
The Zoning Code requires one parking space for five clients for adult day care. The building at
800 Boone Avenue currently has 162 parking stalls. If the building was entirely adult day care
serving 265 clients, the number of required stalls would be 54. However, with �he building also
has about 5,30Q sq. ft. of office space for Home Health Care Plus and 10,900 sq. ft. of office
space for Leeds for a total of 16,200 sq. ft. of office space. This amount of office space
requires 65 parking spaces (one space for each 250 sq. ft. of office space). Office space
requires one space for each 250 sq. ft. With the 162 total spaces, the amount of parking on
site greatly exceeds the parking requirement of 119 spaces (54 for adult day care and 65 for
o�ce space). When Leeds leaves the building and the entire space is converted to adult day
care, the parking requirement will be reduced to 75 spaces (54 spaces for adult day care and
21 spaces for the 5,300 sq. ft. of office space for Home Health Care}.
I have visited the site and found more than adequate parking. I was told by Mr. Olshansky that
all the clients come to the site on small busses. The busses either drop the cli�nts off in front of
the property along Boone Ave. or in the parking lot to the south of the building. The parking lot
is used by employees of Home Health Care P1us or Leeds.
There are a couple of concerns about the use of the parking lot that will be addressed in the
amended CUP. First, aN dumpsters must be screened as required by the Zoning Code. They
are currently unscreened. The applicant has agreed to do this prior to approval of the CUP by
the City Council. Second, there are two storage containers that are located on site. One is
rented from a storage container company and is owned by Leeds. The second is a 53 ft. trailer
that is parked at the northeast comer of the building. It is used for the storage of tables and
chairs owned by DRAM for use in the building. The City does not permit temporary storage
buildings unless they are used for a short period of time related to construction. If extra space
is needed, the building should be expanded. These two temporary storage structures do not
meet the City's building code and should be removed. The purpose of a trailer is to bring a
product to a building and then move the trailer after the product is removed. A trailer is not
intended for permanent storage.
When the City issues a CUP, it has the right to require an Inflow and Infiltration (I and I)
inspection to determine if there is improper seepage of clear water into the sanitary sewer
system. If there is such seepage due to failure of the pipe system from the building to the City's
sewer system, the failure must be corrected in order that clear water is not going into the
sanitary sewer system. (The City has been required to address this infiltration and inflow issue
by the Metropolitan Council's Environmental Senrices division that operates the sewer plants
for the metro area. Golden Valley has been identified with other cities with an inflow and
infiltration problem and has been required to correct the problem. In addition to correcting the
problem on the City's sanitary sewer pipes, the City must also require that leal�ing private
pipes be fixed to eliminate inflow of clear water into the system that does not r�quire treatment
at a sewer plant. By reducing inflow and infiltration, it will delay the construction of additional
sewer plants in the metro area.) Because there is a proposed change of use from office to
adult day care, the City has required that a I and I inspection be done and that if there are
improvements needed to the private system, they will have to be made prior to approval of the
amended CUP by the City Council or an escrow of 125% of the cost submitted to the City to
guaranty the work is done within 90 days of the approval of the amended CUP by the Cifiy. At
this time, staff has not gotten the results of the I and I inspection. The owner has asked that
this requirement to improve the private sanitary sewer lines be delayed until Leeds vacates the
entire building.
The building to the north of the DRAM Property (830 Boone Avenue) is a 152,bOQ square foot
building is owned by Interkey Properties LLC, and is an office/warehouse building. The building
to the south of the property, located at 750 Boone Avenuet is occupied by the offices of
Peterson, Beyenhof and Zahler� Ltd., CPAs. Across the street to the west, Billboard Planet and
Performance in Motion occupy space. Bassett Creek is located directly east of the �roperty.
There are currently four"for-lease" signs along Boone Avenue between 7th and 10t Avenues.
The tra�c signal at the intersection of Boone Avenue and Highway 55 provides good access to
the site. Golden Valley Road and 10th Avenue also provide adequate access to the site.
There is a sign in front of the building that ident�es one of the tenants as #he "Golden
Bailraom". S#aff has asked that this sign be removed because this type of facility is not
permitted. Mr. Olshansky has agreed to remove the sign. There has been some concern that
the facility has been used for events such as weddings and parties. I have been assured by
Mr. Olshansky that the rooms are not rented out for events. The only events that occur on the
site are related to Legacy Aduft Day Care or Home Health Care Plus. Examples may be an
employee party, birthday or anniversary party of a client, etc.
Analysis of Ten Factors
The Planning Commission must make findings on ten factors when reviewing � CUP
application. They are as follows with staff comment:
1. Demonstrated Need of the Use: The City requires that an applicant identify a market for
the proposed good or service necessitating a CUP. DRAM Properties has demonstrated
that there is a need for adult day care by operating finro facilities in Golden Valley.
2. Consistency with the Comprehensive Plan: The General Land Use Plan Map depicts
the proposed site as long-term light industrial use. Adult day care centers, through
conditional use, are compliant with this land use designation. The building wvill also be used
for office space which is consistent with the light industrial designation.
3. Effect on Property Values in �e Area: Staff does not believe the approval of this
amended permit will negatively affect property values in the area. The site is located in an
industrial area and is separated to an adjacent Residen#ial zoning district by Bassett Creek.
The existing use has a no negative impacts on the area.
4. Effect of Use on Traffic in the Area: Generally, clients utilizing the daycare will arrive via
bus, reducing the number of trips made to and from the facility. Typically only employees
and visitors would arrive by car.
5. Effect of Increases in Density or Population on the Area: The proposed use wilf not
increase the population of the area. Since this use is non-residential, only the daytime
population of Golden Valley would be efFected.
6. Increase in Noise Cr�ated by Use: Noise impacts created by this proposed facility should
not extend beyond the site. Minimal additional noise can be expected by bwsses
transporting clients.
7. Any Dust, Odor or Vibration caused by Use: No such problems are expected to be
caused by this proposal.
8. Any Increase in Animal Pests Caused by the Use: The nature of this facility does not
contribute to the,existence of pests in anyway.
8. Visual Appearance of the Use: The exterior of the building will not be aff�cted {other than
signage) with the proposed use.
10.Other Effects of the Use: Staff does not anticipate any other negative effects of the
proposed use.
Recommended Action:
Staff recommends approval of the amended Conditional Use Permit allowing an adult day care
center serving up to 265 clients (or an amount specified by the Minnesota Department of
Human Services.) The day care facility is to be operated by Legacy Adult Daycare, a
subsidiary of DRAM Pcoperties. Leeds Inc. will remain in the building until their lease expires.
At that time, the entire building will be converted Legacy Aduit Day Care and the offices for
Home Health Care Plus, both owned by DRAM Properties. The approval of the amended
Conditional Use Permit is subject to the foilowing conditions:
1. Ail signage must meet the requirements of the City's sign code. The "Golden Ballroom"
sign shall be removed by August 1, 2011.
2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled
"Existing Site Plan° shall become a part of this approval.
3. The adult day care shall be limited to 265 clients, or the amount specified by the
Minnesota Department of Human Services and approved by staff.
4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of
occasional evening social functions.
5. All improvements to the building must meet the City's Building Code requirements.
6. All necessary licenses must be obtained by the Minnesota Department of Human Services
and the Minnesota Department of Health before adult daycare opera#ions may commence.
Proof of such licensing must be presented to the Director of Planning and Development.
7. All outdoor trash and recycling containers must be screened in a manner acceptable to the
Inspections Department.
8. The trailer used for storage and other temporary storage buildings must be removed from
the site no later than August 1, 2011.
9. An Infiltration and Inflow Inspection and required compliance rehabilitatior� identified by the
inspection must be completed prior to approval of the amended CUP by the City Council.
If the rehabilitation cannot be completed by the time of the approval of the amended CUP
by the City Council, DRAM Properties may post an escrow (in a form approved by the
Director of Public Works) of 125'/0 of the estimated cost to complete the rehabilitation
work. The work must be done within 90 days of approva! of the amended CUP by the City
Council. lf the worlc is not completed by that time, the City has the right to use the escrow
to complete the work. �
10. The requirements found in the memo to Mark Grimes, Director of Planning and
Development, from Ed Anderson, Deputy Fire Marshal and dated May 17, 2011 shall
become a part of these requirements.
11. All other applicable local, state and federal requirements shall be met at all times.
Staff recommends the following findings for approval of the amended CUP:
1. The proposed expansion of adult day care at this location is consistent with the General
Land Use Plan map and zoning for this area.
2. There is an increasing need for adult day care services, especially with th� large and
growing number of adults in Golden Valley and the metro area over 65 years of age.
3. Legacy Adult Day Care is an experienced provider of adult day care services.
4. The site provides adequate parking, access and amenities for the clients and office uses in
the building. �
Attachments
Location Map (1 page)
Memo from Deputy Fire Marshal Ed Anderson dated May 17,�2011(1 page)
Project Narrative (1 page)
Original Conditional Use Permit 118 (1 page)
Site Photos (3 pages)
Site Plan (1 page)
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;�M.� ' 3
Q � ;,ixY � �, � Fire Department
i r e D e p a rt m e n t 763-593-8065/763-593-8098(faxf
To: Mark Grimes, Director of Planning and Zoning
From: Ed Anderson, Deputy Fire Marshal
Subject: Conditional Use Permit Amendment, 800 Boone Avenue North
Date: May 17, 2011
I have reviewed the conditional use permit amendment information packet for the Dram
property located at 800 Boone Avenue North. Listed below are the fire department
comments for fire life safety requirements.
1. The current fire alarm system located in the proposed adult daycare area shall meet
the required fire alarm system and protection in accordance with the Minnesota State
Fire Code related to the change of use to the occupancy.
2. The current fire suppression system located in the proposed adu�daycare area shall
meet the required fire suppression system protection in accordance with the
Minnesota State Fire Code related to the change of use to the occupancy.
3. Fire extinguishers shafl be installed in accordance with the Minnesota State Fire Code
and related to the change of use to the occupancy.
4. The current fire department access road for the building shall be maintained in
accordance with the Minnesota State Fire Code. The access road starting from Boone
Avenue and throughout the parking lot shall be 20 feet minimum and required tuming
radius.
5. Senring kitchens shall be constructed and maintained in accordance with Fire Code.
If you have any questions, please contact me at 763-593-8065, or my e-mail address,
eanderson(a�ci.golden-valley.mn.us
ea/j 1
.- �UETOW AND ASSOC{ATES INC
AN ARCHITEGTURAL SERVICES COMPANY
< ; 2845 Rloe Street 8ulte 210
St. Paul. Nlinnesota 66118
Ma.y 11,2011
Project Description Summary
(Revlsed)
RE: I.egacy Adnit Day Care,Inc.
800 Boone Avenne North
Golden Valley,Minnesota 55427
BA Commission Nnmber 1118
Regarding the Owner's Application for an Amended Conditional Use Permit:
1.0 Owner: DRAM Properties,800 Boone Avenue North Suite 150,Golden Valley,MN 55427.
2.0 Ezisting Site: Occupies 152,OOOf gross square feet or 3 S acres.
3.0 Ezisting Bwllding: `site footprint' is 42,655f gross sqtiare feet or approximately 28� of the site
ac�ea.
4.0 Ezisting Of[Street Parking Stalls:162 af which 6 are accessible. Those accessible parking stalls
have, apparently, been previously approved by the City of Gvlden Valley as `accessible' in
accordance with then current applicable pmvisions of the Minnesota.Sta.te Building Code.
5 0 Eaisting Bailding Carrent Utilization:
• Legacy Adult Day Caze, Inc. occupies 19,185t gross square feet of floor area (45� of the
building's floor area)and is located in the north�rt of the building.
•Light Industrial Facility Tenant(L,e�is Precision Instruments,Inc.)occupies 23,4'70f gross square
feet of floor area(55%of the building's floor area)and is located in the south part of the bwilding.
• Legacy Adult Day Care, Inc. cunently is now being approved by,the Minnesota Department of
Human Services to provide Adult Day Care Services to 166 individuals.
'7.0 Proposed Project Descrlpt3on: �
• Legacy Adult Day Caze, Inc., under the auspices of this Amended Condition�l Use Pernut
Application,intends to eventually provide Adult Da.y Care Services to 270 individuals within the
entire confines of the existing building.
• Legacy Adult Day Care, Inc., under the auspices of this Amended Conditional Use Permit
Application,plans to expand internally and does not plan to add to,modify or materially alter the
existing building.
• Minimum required off-street parking stall quantity is 54 Stalls (270 Adults being served/5 Stalls
per Adult being served).Retain 162 existing stalls to preserve potential future cha.nge of use.
•Three(3)individual unscreenefl trash receptacles aze present: Owner will provide screening at each
existing trash receptacle location with 6'-0"high metal chain link fencing with opaque slat inserts
and set onto rigid posts re,strained by concrete-filled containers.
•One(1)parked vehicle did not display Minnesota vehicle license plate:It now has properly affixed
velucle license plate.
•Two(2)individual stationary Storage Containers are present: Owner will provide screening at each
existing trash receptacle locazion with 6'-0"high metal chain link fencing with opaque slat inserts
and set onto rigid posts restrained by concrete filled containers.
• Area A: Existing Legacy Adult Day Care,Inc.(19,185f gross square feet of floor area).
Area B:Expansion of Legacy Adult Day Care,Inc.(23,470f gross square feet of floor area).
• Certificate of Inflow & In�Utration Compliance: Owner reqnests approval to defer the
application for this Certificate until the actual expansion of the Adult Day Care operation into the
southern portion of this building. A Tenant currently occupies that space. The longevity of that
Tenant's occupancy is unl�own.
Refer also to Site Plan and Floor Plan(Drawing Sheets lA and 2A dated May 6,2011).
Telephone (651)483-6701 www.buetowarchitects.com
CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMIT
No. CU-119
Date of Approval: November 20 2007 bv the Ci�t r Council in accordance with
Sec. 11.10. Subd. 2 and Section 11.30 of City Code
Issued To: Heartland Adult Daycare, a subsidiatv of DRAM Properties.
Inc.
Approved Loca#ion: 800 Boone Avenue North, Golden Valley. MN
Approved Condifional
Use: To allow for an aduit day.care center in the Li�hf Industrial
xoning district.
Conditions of Appcoval:
1. The site pian prepared by Joseph Buslovich Architects, dated August 22, 2007
shall become a part of this approval.
2. The adult day care shall be limited to 70 ciients, or the amount specified by the
Minnesota Department of Human Services and approved by staff.
3. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of
occasional evening social functions. �
4. All improvements to the building must meet the City's Building Code
requiremen#s. .
5. A11 signage must meet the requirements of the City's stgn code.
6. All necessary licenses must be obtained by the Minnesota Department of Human
Services Health before adult daycare operations may commence. Proof of such
licensing must be presented to the Director of Planning and Development.
7. All other applicable local, state and federai requirements shalt be met at aH times.
8. Failure to comply with one or more of the above conditions shall be grounds for
revocation of the conditional use permit.
Warning: This permit does not exempt you from all other city code
provisions, regulations� and ordinances.
Issued by:
ark Grimes, Director af Planning and Development
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Regular Meeting of the
Golden Valley Planning Commission
June 13, 2011
regular meeting of the Planning Com ission was held at the Golden Valley City Hall,
Co 'I Chambers, 7800 Golden Valle Road, Golden Valley, M' a, on Monday,
June 1 , . Chair Waldhauser call the meeting to or pm.
Those present were 'ng Commis oners , Kisch, Kluchka, McCarty, Schmidgall,
Segelbaum and Waldhause . o pre as Director of Planning and Development
Mark Grimes and City Planner Jo boom.
1. Approval of Min
May 9, Regular Planning mmissian Mee
MO y Cera, seconded by Kluchk and motion carried to appro the May 9, 2011
' tes as submitted. McCarty abstai d from voting per his absence on May 9.
2. Informal Public Hearing — Conditional Use Permit Amendment— 800 Boone
Ave N — CU-11S Amendment#2
Applicant: DRAM Properties (Legacy Adult Daycare Inc.)
Purpase: To allow for the expansion of the existing adult daycare use within
the same building for property located in the Light Industrial Zoning
District.
Grimes introduced the applicant and explained that the applicant intends to expand the
adult day care facility at 800 Boone Ave. The expansion would allow the facility to
eventually hold 265 persons, as per State requirements. Grimes stated that the existing
CUP only allows the facility to serve up to 70 clients or the amount that is specified by the
State. He stated that the applicant has another adult daycare facility in Golden Valley.
The facility on Boone Ave opened in 2007. Grimes explained that one of the tenants in
the building, Leeds, Inc, recently vacated 12,500 sq. ft. of space allowing the daycare
business to expand.
Waldhauser asked if there are immediate plans to accept new clients to the facility.
Grimes said that he believed there were not and suggested that the Commission discuss
that matter with the applicant.
McCarty questioned why an Inflow and Infiltration inspection was required for this current
amendment but was not required for the original Conditional Use Permit approval. Grimes
stated that policy was not in place at the time of original approval that required Inflow and
Infiltration inspections to be completed. McCarty asked Grimes to clarify the inspection
process and timeline. Grimes explained that once the records of the inspection are
reviewed by the City, the City may request immediate action to correct fauits in the sewer
line, or it may allow the applicant to deposit escrow funds for later correction. Grimes
stated that the matter is handled by the City's Public Works Department and is not a
zoning issue.
Minutes of the Golden Valiey Planning Commission
June 13, 2011
Page 2 �
Kisch questioned haw the State determines the maximum number of clients the daycare
facility can be licensed for. Grimes stated that the tvtal occupancy load for the building is
determined by the State Building Code and that the occupancy load for the daycare
facility is determined by the Minnesota Department of Human Services. Grimes explained
that building size, number of employees and number of bathroom facilities factor into that
decision.
McCarty asked if the Conditional Use Permit is valid for the entire building or only the
portipn currently occupied by Legacy Adult Daycare, Inc. Grimes stated that the current
Conditional Use Permit is valid for only the original space occupied by Legacy Adult
Daycare, Inc., but the amendment will validate the Conditional Use Permit for the entire
building.
Kluchka inquired about the need to limit the number of clients in the Conditional Use
Permit. Grimes stated that the number of clients could be removed from the Conditional
Use Permit, as it is regulated by the Building Code and the Minnesota Department of
Human Services. Segelbaum stated that he feels that the total number of clients should
not be stated in the Conditional Use Permit.
Kluchka asked if there is a need for a designated bus parking area on the site. Grimes
stated that the occupant has expressed an interest in creating a drop-off area for busses
on the site but that no loading area will be constructed on the street. Kluchka questioned
if there is need to address bus storage in the Conditional Use Permit. Grimes stated that
he feels that is not necessary and that he has not seen bus parking to be a problem on
the site.
Randy Engle, architect with Buetow and Associates, Inc., introduced himself and stated
that he was hired by the property owner to create plans for the daycare expansion. Engle
stated that the occupancy load of the building is determined by the calculation of 35 sq. ft.
per client as well as the number of plumbing features on the site.
David Olshansky, president of DRAM Properties, Inc., introduced himself and described
his business model. He stated that the business serves mostly elderly Southeast Asian
immigrants between the hours of roughly 9 am — 3 pm, Monday through Friday.
Olshansky stated that the facility currently serves around 70 total clients, but all clients
ar� not typically in the building at the same time, as the daycare service offers frequent
client field trips to shopping centers, casinos, the YMCA, and other destinations.
Segelbaum asked if there are any logistical concerns of adding more clients to the facility.
Olshansky stated that the building can accommodate more people, so he does not
anticipate any Iogistical issues related to the proposed expansion. Olshansky also stated
that there are multiple entries into the building, so clients do not have to wait to enter the
facility when they are dropped-off.
Waldhauser asked if there were any plans with the east end of the property. Olshansky
stated that he intends to develop a garden for clients in that locatian.
Minutes of the Golden Valley Planning Commission
June 13, 2011
Page 3
Kisch asked if the site frequently holds parties and banquets and if the client load
increases would the number of parties also increase. 4lshansky estimates that the site
holds approximately eight banquets per year, and that he has no pfans on increasing the
number of banquets at the site.
Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment,
Waldhauser closed the public hearing.
Kluchka stated that the he supports removing reference to the number of clients served in
the Conditional Use Permit language, instead replacing it with language that defers the
maximum client load to the Minnesota Department of Human Services.
Cera asked 'rf there were any issues or concerns with the banquets that are held on the
site. Grimes stated that there have not been any issues because the banquets serve only
clients and employees of the business. Grimes stated that banquet facilities that are open
to the public are prohibited in the Light Industrial Zoning District.
Waldhauser questianed the outside storage facilities and dumpsters on the site and
questioned the applicant's plans regarding screening. Grimes stated that the dumpster
must be screened, and that he has required that the temporary outside storage facilities
be removed from the site by August 1.
Kluchka asked for clarification about whether or not the Conditional Use Permit app(ies to
the entire property ar just the portion of the property currently occupied by Legacy Adult
Daycare. Grimes noted that the Conditional Use Permit amendment will make the permit
applicable to the entire property.
Kisch asked if another adult daycare business could occupy at the location under the
current Conditional Use Permit. Grimes stated that it could. Grimes also stated that the
building could be used for other uses permitted in the Light Industrial Zoning District if
Legacy Adult Daycare vacated the premises.
Segelbaum recited the ten factors in City Code used to determine�ndings for a
•Conditional Use Permit.
Grimes suggested adding bicycle parking as a requirement to the Conditional Use Permit.
The Commission agreed with this suggestion.
MOVED by Kluchka, seconded by McCarty and motion carried unanimously to
recommend approval of amending Conditional Use Permit CU-119, $00 Boone Ave N., to
allow for the adult daycare center to serve a total number clients specified by the
Minnesota Department of Human Services subject to the following conditions:
1. All signage must meet the requirements of the City's sign code. The Golden
Batlroom sign shall be removed by August 1, 2011.
2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled
"Existing Site Plan" shall become a part of this approval.
Minutes of the Golden Valley Planning Commission
June 13, 2011
Page 4
3. The adult day care shall be limited to the amount specified by the Minnesota
Department of Human Services.
4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of
occasional evening social functions.
5. All improvements to the building must meet the City's Building Code requirements.
6. All necessary licenses must be obtained by the Minnesota Department of Human
Services and the Minnesota Department of Health before adult daycare operations
may commence. Proof of such licensing must be presented to the Director of
Planning and Development.
7. All outdoor trash and recycling containers must be screened in a manner acceptable
to the Inspections Department.
8. The trailer used for storage and other temporary storage buildings must be removed
from the site no later than August 1 2011.
9. An Infiltration and Inflow Inspection and required compliance rehabilitation identified
by the inspection must be completed prior to approval of the amended CUP by the
City Council. If the rehabilitation cannot be completed by the time of the approval of
the amended CUP by the City Council, DRAM Properties may post an escrow in a
form approved by the Director of Public Works of 125% of the estimated cost to
complete the rehabilitation work. The work must be done within 90 days of approval
of the amended CUP by the City Council. If the work is not completed by that time
the City has the right to use the escrow to complete the work.
10. The applicant will provide an onsite bicycle rack allowing parking for a minimum of
five bicycles.
11. The requirements found in the memo to Mark Grimes, Director of Planning and
Development, from Ed Andersan, Deputy Fire Marshal, and dated May 17, 2011
shall become a part of these requirements.
12. All other applicable local state and federal requirements shall be met at all times.
The Planning Commission bases its recommendation on the following findings:
• The proposed expansion of adult daycare at this location is consistent with the
General Land Use Plan map and zoning for this area.
• There is an increasing need for adult daycare services, especially with the large and
growing number of adults in Golden Valley and the metro area over 65 years of age.
• Legacy Adult Daycare is an experienced provider of adult daycare services.
• The site provides adequate parking, access and amenities for the clients and o�ce
uses in the building.
Informal Public Hearin —Zoning Code Text Am ment—Amending
iance-Related Lan age in Section . ministration of City Code—
ZO
Applicant: alley
Purp To ame t dards for granting variances due to recent
legislati regardin tical difficulties."
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DRAM Pro erties LLC .
p �
800 BOONE AVE
GOLDEN VALLEY, MN55427
612 986-2084
July 12, 20018
Mr. Jason Zimmerman
Planning Manager
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 554277
Mr. Zimmerman:
The Golden Valley City Councii generously approved a Conditional Use Permit in 2007 to allow Heartland
Adult Daycare to operate an Adult Daycare Program at 800 Boone Avenue North. Since opening our facility,
we have faithfully achieved each of the 13 Conditions of Approval that accompanied that City Council Action.
Our Boone Avenue facility has, since 2011, been utilized as the operational headquarters for several
community-wide senior adult care organizations. These organizations include Health Care Plus, Heartland
Adult Day Care, Legacy Adult Day Care and related operations. These organizations, as an aggregate
employ over 1550 employees and serving over 500 senior adults.
The Legacy Adult Daycare Program, for instance, serves Minneapolis and St. Paul area senior residents
during daytime and evening hours and is truly their "home-away-from-home". Our facility is also utilized for
personal cultural and social events by relatives and friends of these senior citizens who are served by our
Adult Daycare Program. Our facility also helps th r senior a e residents of th -
n�etropolitan area to host and/or attend social gatherings t at are specific to t eir own respective cultural
bacc�`g"roun s in a comfortable, fully-equipped and welcoming venue. Over the years, these gatherings have
come to include birthday parties, religious observations, religious confirmations, weddin�s, familv rPi�nipnS,
holiday festivities and retirement parties.
Our Boone Avenue facility not only engages our core community, it complements the operations of other
establishments in the City of Golden Valley because it offers a unique and beneficial public service. Our
ultimate interest is to serve our community without harming anyone else's interests. We have operated our
event establishment in a legal, orderly and disciplined manner for a number of years and will continue to do
so.
Surprisingly, it has come to our attention that evening social events that recently took place on the premises
of our 800 Boone Avenue North facility, required the presence of the Golden Valley Police Department.
Those social events were hosted either by fam��v mPmb _rc nf ni�r t^mm�a;�'� amnln iPac or by fa,�m,ilv�
rr mbers of se�ior�s who utilize the Legacy Adult Daycare Program. Unexpectedly, the untoward behavior of
several o�"th ir guests and a singular absence of careful event management did not measure up to the
standards of event management that we expect and that were promised to our organization by those
respective hosts. For that we sincerely apologize and will work to prevent any reoccurrence.
Note that, for purposes of decorum and responsibility, we require event hosts, should they desire to serve
alcoholic beverage at their events, to hire a licensed event professional who has a city liquor license as well
as special liability insurance.
Please also be aware that we have operated the Legacy Adult Daycare Program and have graciously
accommodated those cultural and social events for a number of years without any similar type of incident.
So, we were truly appalled to learn of the issues that arose during those aforementioned events. Again,
please accept our apology for these occurrences and our pledge that they will not be repeated.
So, we will take the following steps in order to prevent a repeat occurrence:
• We will revise the terms of the code of conduct that is included in the event agreement form that an event
Host must review, approve and sign. The current code of conduct includes an agreement by the event
Host and the Host's guests to respect persons, properties and the facility. The revised terms will include
an agreement by an event Host to be fully responsib►e for instructions to guests that require such
respectful behavior at the event and also that an event Host is responsible for enforcement of the code of
conduct for actions of the Host's guests.
• We will expect an event Host to agree to comply with this code of conduct and will include it as one of
several conditions of the written agreement that an event Host is required to sign in order to utilize our
facility.
•We will require the event Host to provide on-premises security personnel for the duration of the event.
�
Sincerely /
, �
�
i�
�
;- ,
id Olsha�is y,
President ,%
DRAM Pro erties
800 Boone Avenue North. Suite 200
Golden Valley, MN 55427
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..`,._�
EVENT SPACE RENTAL AGREEMENT
7,f�2,� FOR
6� r �� � - DRAM PROPERTIES
�� �
THIS AGREEMENT (the"Ageement"), made as of thi ��',�day of���� 0 ��s by and
. �C�-�-. —
between DRAM Properties ("Owner"), whose business address is 80�0 �ne Avenue N., Suite 175,
Golden Valley, MN 55427, and� � ./� �%�—� , (the"Renter,"
and collec ively, the "Parties"). These ad'd�r s is �j' ,�-�
L?�d_'����N-c-,��,� �i��/o.�2��jG�l�k;e��c��n gue�e��,'i�ees, employees,
agents or independent contractors of the Renter shall be included in'fhis Agreement's definition of Renter.
Whereas, Renter wishes to use the following Owner's space (the"Space") in the following
inanner:_Chair_s�,nrl Tah1Pc a� r iincluded._Kitchen_is_free_for heating_only._Cooking_$300.00,
D n�g_ �r is $300.00,_ e$2 . er e 'x '.
�%�t/ ��iy �
_.--�.._ ���..�._..�. .
(The "Event").
In consideration of the inutual promises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License")to use the
' described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreement, unless the Agreement in
paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any
non-sanctioned use of such areas may incur an a ditional charge, to be determined by Owner.
2. Event Date. The Event shall be held o � -��'�'�-�=�fj�30 , 20��e"Event Date"),between the
hours of 1 O-/ and .�ca.�r?: /2 / Renter shall not have access to the Space at any
time other th�� g these hours on the Even D�less Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that may threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, inerchandise, or other contents therein.
� �
� 4
EVENT SPACE RENTAL AGREEMENT
FOR �
DRAM PROPERTIES , --- � ,����
�/� �
THIS AGREEMENT(the"Agreeinent"),inade as af tlus�day of��� 20�� is by and
between DRAM Properties ("Owner"), whose business address is 800 Boone Avenue N., Suite 175,
Golden Valley, MN 55427, and � ��/�C�� ����- , (the"Renter,"
and collectively, the "Part�es"). Th�ese address is �11 �r��_� ���� ����
� � 1 l� � � � �T . Any guests, ulvitees, einployees,
agents or inde�endent contractors of the Reilter shall be included in this Agreement's definition of Renter.
Whereas, Renter wishes to use the following Owner's s�ace (the"Space") in tl�e following
inaiuler: Chaus and Tables are included. Kitchen is_fiee for heating_only._Cookii7g_$300.00,
Dancing floor is_$ 00.0 , Stage$25.Of��er ai7 1_4'x8'.
�
n
(The "Event").
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable lieense ("License") to use the
o described above space. The License pennits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in tlus Agreeinent, unless the Agreeinent in
paragraph 2 below states otherwise. Renter may not use any areas not mentioned in tlus Agreement. Any
non-sanctioned use of such areas may incur an additional charge, to be detennined by Owner.
2. Event Date. The Event shall be held on �V1�--� JG�- , 20 f�(the"Event Date"),between the
hours of � � -/►'/a.nd � �� Renter shall not have access to the Space at any
time other Za "ng c� urs on`t�ie Event Date nless Renter receives prior written pennission
froin Owner. � � /�^f�
�
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that may threaten da�nage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
EVENT SPACE RENTAL AGREEMENT
p7�'�3� FOR
,�6� � DRAM PROPERTIES
��
�
the"A eement" made as of this '/ da ����0/ , is by and
THIS AGREEMENT ( gr ), � Y
between DRAM Properties ("Owner"), who{�e b�usiness addr`es_s i,s�00 Boone Avenue N., Suite 175,
Golden Valley, MN 55427, and_������i� ��'� , (the"Renter,"
and collectivel , the" artie,s"). These address � �1� '
3� r/GN �7 y guests, invitees, einployees,
agents or independent contractors of t enter shall be included in this Agreement's definition of Renter.
Whereas, Renter wishes to use the following Owner's space (the"Space") in the following
,_�.�---•---•.
inanner: Chairs and Tables are included. Kitchen is free for heatin onl Cookin _�30�.00,
Danci oor is $300.00,_Stage$25.00�er�aanel_4'x8'. � � �'}'�
J �
(The "EvenY').
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License") to use the
E described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreement, unless the Agreement in
paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any
non-sanctioned use of such areas may incur an additional charge, to be determined by Owner.
2. Event Date. The ent shall be held o ��/ , 20�the"Event Date"),between the
hours of�_�j.`� �- and — . Renter shall not have access to the Space at any
time other than du ng these hours n the Event Date, unless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that may threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
� 7.� ��
3 � EVENT SPACE RENTAL A
6� GREEMENT
FOR
� DRAM PROPERTIES
THIS AGREEMENT (the"Agreement"), made as of this�day �s by and
between DRAM Properties ("Owner"), w ose b sine f�ress is 800 Boone ue N., Suite 175,
Golden Valley, MN 55427, and � � �;���� , (the "Renter,"
an llectiv y, t e `�arties"). ese add s
� c� ����+� � Vg�f�,�nvitees, einployees,
agents or independent contractors of t ie Renter shall be i ed in this Agreement's definition of Renter.
Whereas, Renter wishes to use the following Owner's space (the "Space") in the following
manner: Ch�irs=-a�d--.. les are included. Kitchen is fiee for heating_only._Cooking_$300.00,
Da ' _r r is $ 0. _ ge$25.00 er,�aaanel_4'x8'.
��� �
�
(The "Event").
In consideration of the inutual promises and covenants contained herein, the Parties agree as follows:
, 1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License") to use the
described above space. The License pennits Renter to use the Space only on the Eveilt Date, during the
hours specified below, and only for the purposes set forth in this Agreement, unless the Agreement in
paragraph 2 below states otherwise. Renter may not use any areas izot mentioiled in this Agreeinent. Any
non-sanctioned use of such areas may incur an a ditional charge, to be detennined by Owner.
2. Event D te. The Event shall be held on �� , 20�(the "Event Date"), between the
hours of and yc�� Renter shall not have access to the Space at any
time othe than~uring these hours on the Ev. tf�nless Renter receives rior written ermission
from Owner.
P P
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
� including any emergency that may threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, inerchandise, or other contents therein.
� �� /b8
�2 2( E RENTAL AGREEMENT
� ENT SPAC
�� FOR
6 'z. ,5 � , DRAM PROPERTI�S
� ��$ , �
� ��
� �
2 � �
THIS AGREEMENT (the"Agree e t"), made as of this�day o �' , 20�, is by and
between DRAM Properties ("O ),� ose ness addr � ne Avenue N., Suite 175,
Golden Valle , MN 55427, and , (the"Renter,"
and collect' el ,t "Pa 'es"). ese r �is ���- �-���
� � fp giles'�s,'�9'riGifees, employees,
agents or in ependent contractors of th Renter shall be includ ' this Agreement's definition of Renter.
Whereas, Renter wishes to use the following Owner's space (the "Space") in the following
manner• - - ai d Tables are included. Kitchen is_free for heating_only._Cooking_$300.00,
D c g_ o lis_$3 .00 S�ge 25.00�e aanel_4'x8'.
(The "Event").
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License"} to use the
` described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreement, unless the Agreement in
paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any
non-sanctioned use of such areas may incur an dditional charge, to be determined by Owner.
2. Event Date. The vent shall be eld on , 20�(the"Event Date"), between the
hours o _��and ► Renter shall not have access to the Space at any
time other than d �ng these hours on the E nt Date, unless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that may threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
.___-_.�
__.__o
EVENT SPACE RENTAL AGREEMENT
a p � �' FOR
6� �� � DRAM PROPERTIES
� �
� ��
�
��
THIS AGREEMENT (the"Agreement"), made as of this / �day o �s by and
between DRAM Properties ("Ow r"), whose business address i 00 Boone Av e N., Suite 175,
Golden Valley, MN 55427, and� /�/ S , (the"Renter,"
and collectively, the "P ies" . These dres '
� f �
( .� ,CL2 �` ¢ y guests, invitees, employees,
agents or independent contractors of the Rent s all be included ii this Agreeinent's definition of Renter.
Whereas, Renter wishes to use the following Owner's space (the "Space") in the following
manner: Chairs and Tables_are included. Kitchen_is_free for_heating_only._Cooking_$300.00,
Dai cin�_floor is_$3 00,_Sta e$�S.00�er�aanel_4'x8'. _
- � -�:'�-.
���
_ �u__ . ___ _ .. .��a_.
..� - _ _ �_�,.�.�
(The "Event").
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License") to use the
` described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreeinent, unless the Agreeinent in
paragraph 2 below states otherwise. Renter may not use any areas not inentioned in this Agreeinent. Any
non-sanctioned use of such areas may incur an dditional charge, to be detennined by Owner.
2. Event Date. The vent shall be held on �,g � , 20�(the"Event Date"), between the
hours of�� - /$� and����• '' enter shall not have access to the Space at any
time other than du ng these hours on the Event D te, unless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any einergency that may threaten dainage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
�� E NT SPACE RENTAL A
�;�� ,,Q GREEMENT -�
� F � 63
$ OR �
6�J 2 DRAM PROPERTIES 7 ��
� . ��/
► ����� /�
THIS AGREEMENT(the"Agreement"),made as of this / 7
between DRAM properties ("Owner"), whose busin ss dd/ess is g of oon �' 20�' is by and
Golden Vallcy, MN 55427, and }�.�� ��� ��g� �Avcnuc N., Suitc 175,
and coilecti ly, the "Parties"y- whO�dr s is , (the"Renter,"
2 } � � o� �,��3���
agents or independent contractors of the Renter shall be included in this Agreem nt'sedefinitpon of Renter.
Whereas, Renter wishes to use the following Owner's space(the "Space") in the following
ma : nd_Tables_are_included. Kitchen is free for heatin _onl Cookin
an 'ng r is_$3 .00, Stage$25.00�er�aanel ' g', — g y'— g $300.00,
� ` ��j
S� y �
�
C/ ' � �
� l�
(The "Event").
In consideration of the mutual proinises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable license "Lic
described above space. The License permits Renter to use the Space only on the Event D te 'duriiuse the '
�hours specified below, and only for the purposes set forth in this Agreement, unless the Agreemeng nhe
paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreeinent. An
non-sanctioned use of such areas may incur an additional charge, to be determined by Owner. y
2. Event Date. T Event shall be held on p
hours o �y ,p � f� � 20�i (the"Event Date"), between the
�and � . Renter shall not have access to the Space at any
time other than ring these hours on the Ev t Date, unless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedu
"Additional Services") in connection with the rental of the Space under this Agreement,le A (the
4• Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable
including any emergency that may threaten damage to Owner's property, or inju to an e pu�ose,
near the Space. This right includes the right to enter locked storage � Y p rson in or
areas and inspect goods, merchandise, or other contents therein.
EVENT SPACE RENTAL AGREEMENT
�j�� FOR
✓ �-��� DRAM PROPERTIES
�63
THIS AGREEMENT (the"Ageement"),inade as of this 7� day �� , 20��is by and
between DRAM Properties ("Owner"), ose bus' ess a ress is�Boone Avenue N., Suite 175,
Golden Valley, MN 55427, and , (the "Renter,"
and colle ti ely, t e"Parties") ese address i
' � /y i�'ny guests, invitees, employees,
agents or independent contr ctors of th enter shall e included in this Agreeinent's definition of Renter.
Whereas, Renter wishes to use the following Owner's space(the"Space") in the following
inanner: Cl ' �-�-��. are included. Kitchen is_free_for heating_only._Cooking_$300.00,
D floo i $300.00_Stag S.00�er�aanel 4'x8'.
- �� 1
D
(The "Event").
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License") to use the
� described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreement,unless the Agreeinent in
paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any
non-sanctioned use of such areas may incur an additional charge, to be determined by Owner.
2. Event Date. The vent shall be held on �'Gv,G� , 20�the`Bvent Date"), between the
hours o� --i and3_�1�<� '�Zenter shall not have access to the Space at any
time oth than d 'ng these hours on the Event ate,unless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that may threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
EVENT SPACE RENTAL AGREEMENT
� FOR
/ �'8�Z`�7 DRAM PROPERTI�S
70� � a.
THIS AGREEMENT (the"Agreement"),made as of this� day 4�'v�v�Gf� ��s by and
between DRAM Properties ("Owner"), whose busin ss address is 800 Boone Avenue N., Suite 175,
Golden Valley, MN 55427, and �! �� /�O� , (the"Renter,"
and coll tively, the"Parties"). These address is
,�`O j' � ���i�g�ests, invitees, employees,
agents or independent contractors of the Rente shall be included in this Agreement's definition of Renter.
Whereas, Renter wishes to use the following Owner's space(the "Space") in the following
manner: Chairs and Tables_are included._Kitchen is_free_for heating_only._Cooking_$300.00,
Dancing_floor 's $300.00,_Stage$25. O�er�aanel_4'x8'.
► ,
i
' ___._____
(The "Event").
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License") to use the
described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in
paragraph 2 below states otherwise. Renter inay not use any areas not mentioned in this Agreement. Any
non-sanctioned use of such areas inay incur an additional charge, to be determined by Owner.
2. Event Date. The vent shall be he on ��f.�iL�`L�l, 201�(the"Event Date"),between the
hours of� � and D2 ` S 3.�D a•,Renter shall not have access to the Space at any
time other than d ng these hours on the Event Date, unless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that may threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
��
EVENT SPACE RENTAL AGREEMENT
FOR
DRAM PROPERTIES
THIS AGREEMENT (the"AgreemenY'), made as of thi day o , is by and
between DRAM Properties ("Ow hose busi ss a s is 800 oone Aven N., Suite 175,
Golden Valley, MN 55427, an , (the "Renter,"
and cpllectiv , the"P ' s")./These a ess is
� � ts, invitees, employees,
agents or indepe ent contractors o the Renter all e include in this greement's definition of Renter.
Whereas, Renter wishes to use the following Owner's space (the "Space") in the following
manner:_Chairs and Tables_are included. Kitchen is_free_for heating_only._Cooking_$300.00,
Dancin _floor is_$30 ,_S $ O�er�a 1 4'x8'.
(The"Event").
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License") to use the
� described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only far the purposes set forth in this Agreement, unless the Agreeinent in
paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any
non-sanctioned use of such areas may incur an additional charge, to be etermined by Owner.
2. Event ate. T vent shall be held on , 20 (the "Event Date"), between the
hours o�� �- � and 3,� .�. �'enter shall not have access to the Space at any
time oth taf han nng these hours on the Event ate,unless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that may threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
EVENT SPACE RENTAL AGREEMENT
� �6��' FOR
��� � � DRAM PROPERTIES
� ���
�
THIS AGREEMENT (the"Agreement"),made as of t is �� day o 20.��, is by and
between DRAM Properties ("Ow r" , whose busines d is Bo Ze Avenue N., Suite 175,
Golden Valley, MN 55427, and , (the"Renter,"
and collectively, "P ies"). The e addres
,� � � guests, invitees, employees,
agents or independent contractors of the ent shall be 'lcluded in t is Agreement's definition of Renter.
Whereas, Renter wishes to use the following Owner's space (the"Space") in the following
manner: Chairs and Tables_are included. Kitchen is_free_for heating_only._Cooking_$300.00,
Danci floor is $ 00.0 tage$2 00 er�aanel_4'x8'.
— — — �,
�
(The "Event").
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
l. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License")to use the
` described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreeinent,unless the Agreement in
paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any
non-sanctioned use of such areas may incur an add' ion charge be determined by Owner.
Y
2. Event Date. Th vent shall be held on � r� �he`Bvent Date"),between the
hours o an Renter s `�Il not have access to the Space at any
time other t n ring these hours on the ent Date, u ess•�Reiiter receives prior written permission
from Owner. � ;�J ��
�.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that inay threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
4�,�-=a
EVENT SPACE RENTAL AGREEMENT
^ 222 FOR
6�� DRAM PROPERTIE S
Q'�;� `_-
THIS AGREEMENT (the"Agreement"),made as of this day of , 2Q/U, is by and
between DRAM Properties ("Owner" ose bu 'nes d s is 800 Boo venue N., Suite 175,
Golden Valley, MN 55427, and , , (the"Renter,"
and col t' ly, th "Parties")�h e addres is
� 2e � . guests, invitees, einployees,
agent or indep ndent contractors of the R nter shall be included in this Agreement's definition of Renter.
Whereas, Renter wishes to use the following Owner's space (the "Space") in the following
manner: Chairs and Tables are included_._Kitchen is_free_for heating_only._Cooking_$300.00,
Dan ' floo��.00,_St e$ .00�er�a el 4'x8'.
�
(The "Event").
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
, 1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License") to use the
described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in
paragraph 2 below states otherwise. Renter may not use any areas not inentioned in this Agreement. Any
non-sanctioned use of such areas may incur an ad itional charge, to be determined by Owner.
2. Event Date. The vent shall be held on , 20��(the"Event Date"),between the
hours ofG�'�r.r,�' and ," Renter shall not have access to the Space at any
time other than d 'ng these hours on the Eve Date,unless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that may threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
�" EVENT SPACE RENTAL AGREEMEN
�
��� � �� FOR �d�� �'��71��
��
� � DRAM PROPERTIES
%���-�
�
�
THIS AGREEMENT(the"Agreement"), made as of this��;,,�.� day , 2�, is by and
between DRAM Properties ("Owne " hose_,b siness ddress is 80 o venue N., Suite 175,
Golden Valley, MN 55427, an J , (the"Renter,"
and collecti ly, the"Parties"). hese d e is
�2� � � ,� Any guests, invitees, employees,
agents or independent contractors of the Renter al be included in this Agreement's definition of Renter.
_ Whereas, Renter wishes to use the following Owner's space (the"Space") in the following
manner: Chairs and Tables are included._Kitchen is_free_for heating_only._Cooking_$300.00,
— – – – –
� oor_is_$300.00,_ e$25.00�er aanel 4'x8'.
� � �C� 9 ,���s-� '
.
(The "Event").
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited�nd revocable license ("License") to use the
described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in
paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any
non-sanctioned use of such areas may incur an additional charge, to be determined by Owner.
2. Event Date. The Event shall be held on �� � ? , 20_(the`Bvent Date"),between the
hours of • and � . Renter shall not have access to the Space at any
time other than during these hours on the Event Date,unless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that may threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
��—�
EVENT SPACE RENTAL AGREEMENT
FOR
� t2 � �
����/� DRAM PROPERTIES
� � �
AGREEMENT the"A eement" made as of this da of , 201�5, is by and
THIS ( �' )� Y
between DRAM Properties ("Owne "), who e busi s a dress i �800 Boone enue N., Suite 175,
Golden Valley, MN 55427, and � , (the"Renter,"
an�c�ecti e , the" artie "). T addre s is
0
guests, invitees, employees,
agents or indepen ent contractors of the Renter shall be included in this Agreement's definition of Renter.
Whereas, Renter wishes to use the following Owner's space (the"Space") in the following
manner: Chairs and Tables_are included._Kitchen is_free_far heating_only._Cooking_$300.00,
D . aanel_4'x8'.
� — — > — �' _
(The"Event").
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License") to use the
` described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreement, unless the Agreement in
paragraph 2 below states otherwise. Renter may not use any areas not inentioned in this Agreement. Any
non-sanctioned use of such areas may incur an additio 1 charge, to be determined by Owner.
2. Event Date. The vent shall be held on � 20�G (the `Bvent Date"),between the
hours of���---LQ �1� and3 ` (D ' ' . Renter shall not have access to the Space at any
tiine other than du � g these hours on the E ent Date,unless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreeinent.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any einergency that may threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
� EVENT SPACE RENTAL AGREEMENT
6�(7 FOR
� 22
�,D DRAM PROPERTIES
�6
THIS AGREEMENT (the"Agreement"), made as of this�day o , 20�is by and
between DRAM Properties ("Owne "), whose bu,}s}��es address is 800 Boone Avenue N., Suite 175,
Golden Valley, MN 55427, and G���f'�Ys�rssfl�fO �l.c��/�� , (the"Renter,"
and collect/i,vely, the"Parti s"). T e address i �
� f�/ GT�9 o C � ��'�it,�'L�`'!,(,����ts, invitees, employees,
agents or independent contractors of the Rent r shall be included in this Agreement's definition of Renter.
Whereas, Renter wishes to use the following Owner's space(the"Space") in the following
manner: Chairs and Tables_are included. Kitchen is_free_for heating_only._Cooking_$300.00,
Dancin floo 's_$300.00,_Stage$25.00 er�a�n�l 4'x8'.
LC� '
G�.�' �
......s:,-�__-".'--.^...`^.;....... +..+�.m. A
�
�'
(The "EvenY'). �
�
In consideration of the mutual proinises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License") to use the
' described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreement, unless the Agreement in
paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any
non-sanctioned use of such areas may incur an additional charge, to be determined by Owner.
2. Event Date. Th Event shall be held o� � l� , 20 �(the"Event Date"),between the
hours of'` �'u�� � ��,; !� and ��u,� : � Renter shall not have access to the Space at any
time other than du 'ng these hours on the Even�nless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that may threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
�. EVENT SPACE RENTAL AGREEMENT
� � �� FOR
� � ��DRAM PROPERTIES
��� �
THIS AGREEMENT (the "Agreement"),made as of this��i" uay of , 20l�J, is by and
between DRAM Properties ("Owner"), whose business address is 800 Boo venue N., Suite 175,
Golden Valley, MN 55427, and �cc'�� �-i�����u�e� � , (the"Renter,"
d collectivel�, the"Parties" . These a dress is
. /Vf �Z . Any guests, invitees, employees,
agents or independent contractors of th Renter shall be included in this Agreement's definition of Renter.
Whereas, Renter wishes to use the following Owner's space (the"Space") in the following
manner: Chairs._ and_Tables are included. Kitchen is free for heating_only._Cooking_$300.00,
,._--- — —
Danci or 0.0 ,_ tage$25.00, er�aanel 4'x8'.
- c��� � ,
(The "EvenY').
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License") to use the
' described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in
paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any
non-sanctioned use of such areas may incur an ditio al charge, to be determined by Owner.
2. Event ate. Th Event shall be held on 20��(the"Event Date"),between the
hours o � �- andti��r�� Renter shall not have access to the Space at any
time other than d �ng these hours on the E nt Date,unless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that may threaten damage to Owner's property, or injury to any person in or _
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
EVENT SPACE RENTAL AGREEMENT �
� � 1��. FOR 6-�
�1 3 DRAM PROPERTIES ���j
�6� � �
THIS AGREEMENT (the"Agreement"), made as of this �i�day of , 20l v, is b and
Y
between DRAM Properties ("Own ,"), ose iness address ' 0 Boone Avenue N., Suite 175,
Golden Valley, MN 55427, an � , (the "Renter,"
and collectiv y Ahe "Parties"). �e ddress is ���
� �ny guests, invitees, employees,
agents or independent contractors of the Renter all be included in this Agreement's definition of Renter.
Whereas, Renter wishes to use the following Owner's space(the "Space") in the following
manner: Chairs and Tables_are included._Kitchen_is_free_for heating_only._Cooking_$300.00,
Danc'ng_floor_is_$3 00.00,_Stage$25.O��er�aanel 4'x8'.
��
���
.
.,,,o,.�...a.
G���
(The"Event").
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License") to use the
• described above space. The License permits Renter to use the Space only on the Event Date, during the
hours specified below, and only for the purposes set forth in this Agreement, unless the Agreement in
paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any
non-sanctioned use of such areas may incur an additional charge, to be determined by Owner.
2. Event�ate. The ent shall be held on �ft� 20 �U (the"Event Date"), between the
hours of�S — ' and_'z��' �- . Renter shall not have access to the Space at any
time other than urin these hours on the Ev t ate, unless Renter receives prior written permission
from Owner.
3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the
"Additional Services") in connection with the rental of the Space under this Agreement.
4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose,
including any emergency that may threaten damage to Owner's property, or injury to any person in or
near the Space. This right includes the right to enter locked storage
areas and inspect goods, merchandise, or other contents therein.
i�ll� t1� �
��iy 30, zoi8 ����t ��.�1� � �
v�I��
�
David Olshansky
�r7 C��Mde'r�ll�:�4�V kc�ad
[7RAM Properties
800 Boone Avenue North, Suite 200
Golden Valley, MN 55427
Re: Violation of Conditional Use Permit
Mr. Olshansky:
Thank you for providing information regarding the secondary use of your property at 800
Boone Avenue North as a rental facility for cultural and social events by those served by the
adult day care program.As we have discussed, recent use of this property has been conducted
in a manner that staff finds to be inconsistent with the cvnditions placed on your adult day care
use as approved by the City Council on August 3, 2011.
Based on my research of the materials provided for requests for a Zoning Text Amendment in
2009 (to allow cate�ing/banquet facilities in a Light Industrial zoning district) and an amended
Conditiona) Use Permit in 2011 (to expand your adult day care use), it is clear this property was
not to be used as a catering or banquet facility for the general public, and was to be limited to
the clients and emplayees of Heartland Adult Day Care. In addition, you pledged that no alcohol
would be provided on site without first obtaining the proper liquor license. Finally,the Planning
Commission and City Council were told that no more than approximately eight banquets a year
would be held at this location. All of these assurances have been broken in recent months.
In 2011, a condition of approval was included with your permit that allowed for"occasional
evening social functions." Staff finds that this statement appears to provide insurficieni
guidance as to what types of conduct and in what manner these functions would be found
acceptable. Therefore, staff is offering the following clarifications to this condition. If mutually
agreed upon, these would be considered to be binding requirements associated with the
Conditional Use Permit. If agreement cannot be reached, staff will recommend to the City
Manager that the Planning Commission and City Council take up this matter for consideration.
The clarifications we are offering to the current conditional use permit are:
1. The hours of normal adult day care operations shall be from 7 am to 5:30 pm.
2. Evening or weekend events may only be booked by clients of Heartland Adult Day Care.
These events shall be limited to: birthday parties, religious observations, religious
confirmations, weddings, family reunions, holiday festivities, retirement parties, and
funerals. Events MAY NOT be booked by employees or others who are not current
clients and ARE NOT open to the general public.
1
763-533-i�t�UU 763-5�33-8109 763-593-396£3 „
3. No alcoholic beverages shall be sold, distributed, or consumed on the property without
the responsible party acquiring a liquor license and liability insurance.
4. All events shall conclude by 10 pm.
5. Failure to comply with these requirements shall result in the revocation of the entire
Conditional Use Permit governing the adult day care operations on site.
If you are amenable to these additional restrictions, please sign and date below and return this
form to me at City Hall. If you would prefer to have the Planning Commissian and City Council
evaluate and modify your existing permit, please let me know so that I can schedule a public
hearing at the first available opportunity.
You can reach me at (763) 593-8099 or at JZimmerman(c��;oldenvallevmn.gov if you have any
questions regarding this matter.
incerely �
a on Zim er an
Planning Manager
I hereby acknowledge and accept these clarifications of my Conditional Use Permit, dated
August 3, 2011, and agree to abide by these restrictions for all events held at 800 Boone
Avenue North.
Date:
David Olshansky
President, DRAM Properties
2
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Executive Summary For Action
Golden Valley City Council Meeting
September 20, 2018
Agenda Item
Revocation of Conditional Use Permit 119—800 Boone Avenue North
Prepared By
Jason Zimmerman, Planning Manager
Summary
Staff is recommending revocation of Conditional Use Permit (CUP) 119, which allows for the
operation of an adult day care at 800 Boone Avenue North, due to repeated violations of the
conditions of the permit approved by the City Council on August 3, 2011. In addition, staff
recommends the revocation be stayed until November 7, 2018, and the matter be referred to the
Planning Commission so that the permit can be reviewed and the City Council can be advised on
the potential for any amended conditions.
Background
The CUP for an adult day care at this address was first approved in 2007 and allowed for up to 70
cllents to be served on-site. At that time a condition was included in the permit which stated that
"the hours of normal operations shall be from 7 am to 5:30 pm with the exception of occasional
evening social functions."
In 2009, the property owner approached the City Council to request a Zoning Code text
amendment to allow banquet facilities/catering halls to be included as allowed uses in the Light
Industrial Zoning District so that his property could be used in this fashion. The City Council
declined to support this amendment. About the same time,the Minnesota Department of Human
Services determined that up to 175 clients could be served at the facility.
In 2011, an amendment to the CUP was approved that increased the number of clients to 265 as
the business expanded within the building. During the public hearing, the Planning Commission
questioned the property owner and City staff about the use of the facility as a banquet hall. The
owner replied that banquets would serve only clients and employees of the business and he did not
1
anticipate having more than eight events per year. Staff made it clear that banquets that were
open to the public were prohibited in the Light Industrial Zoning District.
Earlier this summer, the Police Department reached out to Planning staff to ask about any
restrictions on activities at 800 Boone Ave. They reported receiving complaints from nearby
properties about loud parties taking place in the evenings and into the early morning hours, and
that officers had witnessed drinking and dealt with fights in the parking lot. Staff contacted the
property owner and initiated a conversation about the evening use of the property and the
conditions of the CUP. Based on information provided to staff about the frequency and manner of
events being booked, staff proposed a set of mutual clarifications which would further define the
conditions on the current CUP. The property owner declined to agree to the clarifications.
Therefore, staff is bringing the matter to the attention of the City Council in order to move forward
with a revocation of the CUP as outlined in Chapter 11.80, Subd. 2(0) of the City Code ("The Council
shall have the right to revoke or suspend any conditional use permit whenever the terms or
conditions of such permit have been violated or broken. All such action by the Council to revoke or
suspend a conditional use permit shall be by means of a majority affirmative vote of Council
Members.").
Findings
The grounds for revocation can be found by referencing Condition 4 of the permit, which states
that "the hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional
evening social functions."
1. Staff finds that the number of social events being held at 800 Boone Ave N exceeds what
would reasonably be considered "occasional," as the calendar provided by the property
owner shows 29 events scheduled between June and December in 2018. This also far
exceeds the estimate of approximately eight banquets per year that was referenced by the
property owner in his testimony to the Planning Commission on June 13, 2011.
2. As demonstrated in the 2018 summary police report, staff finds that the timing and length
of the events exceed what would reasonably be considered to be "evening" hours, as police
calls to the address in 2018 were being addressed well after midnight and in one case as
late as 5 o'clock in the morning.
The owner has also violated Condition 12 of the permit ("All other applicable local, state and
federal requirements shall be met at all times.") by violating other local ordinances and state law.
Council is authorized to revoke the permit on the basis of these violations.
3. The owner served or permitted alcohol on the property without a liquor license in violation
of local ordinances and state law. Despite assurances from the property owner in a letter to
the City dated March 9, 2009,that no liquor would be provided or brought into the facility
without the proper liquor license and liability insurance being obtained, public posts on
Facebook this summer advertised a party with live music. The Golden Valley Police confirm
that alcohol was present during at least one of these events. Event organizers denied selling
2
or providing alcohol, but allowing the consumption of alcohol on the property is a violation
of Minnesota statute 340A.414 which states that "no business establishment or club which
does not hold an on-sale intoxicating liquor license may directly or indirectly allow the
consumption and display of alcoholic beverages...without first having obtained a permit
from the commissioner."
4. The repeated use of the property for events such as conventions and other large-scale
events (up to 250 people) appears to qualify the facility as a banquet/catering hall. A
request to the City Council to allow this sort of use was made by the property owner at the
April 14, 2009, Council/Manager meeting and was not supported. Therefore, this remains a
prohibited use in the Light Industrial Zoning District and such activities are a violation of the
Zoning Code.
Due to the failure of the property owner to comply with the conditions of the permit, staff
recommends revocation of Conditional Use Permit 119. Further, staff recommends a stay of the
revocation until November 7, 2018, and that the City Council refer the matter to the Planning
Commission to review and propose any amended conditions of approval for consideration.
Attachments
• Location Map (1 page)
• Conditional Use Permit 119 (1 page)
• Staff inemo to Council/Manager meeting from April 14, 2009 (8 pages)
• Minutes of Council/Manager meeting of April 14, 2009 (1 page)
• Staff inemo to Planning Commission from June 13, 2011 (13 pages)
• Minutes of Planning Commission meeting of June 13, 2011 (4 pages)
• 2018 summary police report for 800 Boone Ave N (1 page)
• Letter and attachments from property owner dated July 12, 2018 (26 pages)
• Letter from Planning Manager to property owner dated July 30, 2018 (2 pages)
Recommended Actions
Motion to revoke Conditional Use Permit 119 for 800 Boone Avenue North based on the findings
contained in this staff report.
Motion to stay the revocation of Conditional Use Permit 119 until November 7, 2018, and refer the
matter to the Planning Commission to review and advise the City Council prior to that date.
3
1 MINNESOTA STATUTES 2017 340A.414
340A.414 CONSUMPTION AND DISPLAY PERMITS.
Subdivision 1. Permit required.No business establishment or club which does not hold an on-sale
intoxicating liquor license may directly or indirectly allow the consumption and display of alcoholic beverages
or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained
a permit from the commissioner. Rental of a public facility does not make a subdivision or the facility a
"business establishment" for the purposes of this chapter.
Subd. 1 a.Additional authorization.A holder of a consumption and display permit under this section
who wishes to allow the consumption and display of intoxicating liquor between the hours of 1:00 a.m.and
2:00 a.m.must obtain authorization to do so from the commissioner.The authorization may be provided in
a document issued to the permit holder by the commissioner,or by a notation on the permit holder's permit.
Authorizations are valid for one year from the date of issuance. The annual fee for obtaining authorization
is$200.The commissioner shall deposit all fees received under this subdivision in the alcohol enforcement
account in the special revenue fund. A person who holds a consumption and display permit and who also
holds a license to sell alcoholic beverages at on-sale at the same location is not required to obtain an
authorization under this subdivision.
Subd.2.Eligibility for permit.(a)The commissioner may issue a permit under this section only to:
(1)an applicant who has not,within five years prior to the application,been convicted of a felony or of
violating any provision of this chapter or rule adopted under this chapter;
(2)a restaurant;
(3)a hotel;
(4)an establishment licensed for the sale of 3.2 percent malt liquar;
(5)a resort as defined in section 157.15;
(6)a club as defined in section 340A.101, subdivision 7, ar an unincorporated club otherwise meeting
that definition;and
(7)a bed and breakfast facility as defined in section 340A.4011,subdivision 1.
(b)The commissioner may not issue a permit to a club holding an on-sale intoxicating liquor license.
Subd. 3. Only authorized to permit the consumption and display.A permit issued under this section
authorizes the establishment to permit the consumption and display of intoxicating liquor on the premises.
The permit does not authorize the sale of intoxicating liquor.
Subd.4.Permit expiration.All permits issued under this section expire on March 31 of each year.
Subd. 5.Local consent required.A permit issued under this section is not effective until approved by
the governing body of the city or county where the establishment is located.
Subd. 6.Permit fees.The annual fee for issuance of a permit under this section is$250.The governing
body of a city or county where the establishtnent is located may impose an additional fee of not mare than
$300.
Subd. 7.Inspection.An establishment holding a permit under this section is open for inspection by the
commissioner and the commissioner's representative and by peace officers, who may enter and inspect
Copyright�2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved.
340A.414 MINNESOTA STATUTES 2017 2
during reasonable hours.Intoxicating liquor sold,served,or displayed in violation of law may be seized and
may be disposed of under section 29'7G.20.
Subd. 8.Lockers.A club issued a permit under this section may allow members to bring and keep a
personal supply of intoxicating liquor in lockers on the club's premises. All bottles kept on the premises
must have attached to it a label signed by the member.No person under 21 years of age may keep a supply
of intoxicating liquor on club premises.
Subd. 9. One-day city permits.A city may issue a one-day permit for the consumption and display of
intoxicating liquor under this section to a nonprofit organization in conjunction with a social activity in the
city sponsored by the organization.The permit must be approved by the commissioner and is valid only for
the day indicated on the permit.The fee for the permit may not exceed$25.A city may not issue more than
ten permits under this section in any one year.
History: 1985 c 305 art 6 s 14; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152 art 1 s 1; 1989 c 209 art 1
s 34; 1991 c 249 s 17,18,31; 1995 c 198 s Il; 1995 c 207 art 9 s 60; 1997 c 179 art 2 s 4; 1 Sp2003 c 19 art
2 s 58,79;2005 c 136 art 8 s 17;2006 c 210 s 12;2007 c 13 art 3 s 24;2009 c 120 s 10
Copyright�2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved.
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Dascription of fncide+�t: WARRANT
Repcsrted[?ate: 09/211201$29:29:A5
Incidant 8tart OateRime: d912112078 21:29:05
incident End DatelTime: 09(21t2018 2?:45:00
Agency Oisposition; NO FOLIOWUP
8tate Reparting Case 8tatus: ARREST OF ADULTIAQUIT.AN�7 JUV�NILE
Case Synapsis: While inves£igat�ng a possipie nuisance,'naise qrdinance violation,i made cnntact with a male subject�v�o I
tearned had a sign and rei�ase warrant.The subject was refeased with a cc�urt dais.
GV Squ�d Videa(YiN}; y
Gv gody cam viaeo(vEN): y
Use of�arce Y/N; n
GV Crime Lab{YlN}; n
GV ALPR{YIN): �
SUSj?2Ct5{�.} '
Q�.SHAIVSKY, ROMAIV
Retatec!Otfier�sss: N195WA£v11SC OFGR WARRAN'1`ARREST 9Q60 NC)N-REPORTABLE 9�599
Suspect Arrested{YtNj: NO
Juvenife{Y1N): No
D06: 1'I 12611�985
Age; 32
Sex: h�AIE
Ftaecs: WHITE
Height: 511
Welght; 210
�ye Colar: �����
Driver's LicenseHD Number: P�1263152281D11
C?rtve�'s LicenseJiD State: MINNESOTA
Address: 14545 7TH AVE N
Gity� F�LYM�UTH �
S$y��: NtINNESOTA
Zip Code: 55d47 ',
Cell Phane: 1612}-286-d403 '
It1VQlVf?t!E?8ta {1}
Related O#fense: MISWA M1SG OFCR WARRANT ARREST 9(?00 NON•F2EPflRl'ABLE 9899 ',
Address: B00 BQt�NE AVE N
City: GC7L.E�EN VAL�EY
State: N14NNESOTA
Zip Code: 55427
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Galden Vall�y P�lic� Department `E°``,c;
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MISWA M15C�3f�t�UVARitAN'T ARREST 90{3U fVQN-REPiJRTABLE�999
Offanse Status: ARREST Q�ADULTdADULT AN�JUVENILE
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Qccupied: ��
Daytime(07UO-99d0): Na
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MAlN REPfJRT-524
�ACHMAN,JERAD 3524 091221Z0'�8
On 09121/18 �t approximately 2129 hours, ! was checkin� the address of 800 B�one Avenue
North. Sgt. Sloat advised me that the business at 80� Boone Avenue North h�d its permit
revoked by the City of Golden �Jalley sa this business could nc� lar�ger hald events or rent out the
business to athers for get-tagethers. Sgt. Sloat requested that 1 check an the business as it
appeared they were having a get together tc�n9ght. When � drove past the business, E obser�ed a
large tent with a band ptaying music outside and in frant of the business on the west side of 8{30
Boane Avenue North. The music was very loud and there was a large group af peaple presen#. i
could aEso observe saveraf kegs of what appeared to be beer near the west si�e of tkte business
as well: I activat�d the in ear squaci car and my body camera to recard the gathering and
doc�rnent haw loud the noise was. I aiso taak phatographs c�f the t�athering which were lafier
upiaaded to the mecfia sect�on.
While I was investigating the gathering at the busine�s, f was approaehed by a male who told me
that he was the owner of the property. He tried tc� te[I me that there was nat an euent that was
being hosted but an employ�e appreciation eu�nt that he was putting on and that the business
was not being rented aut. Ne toCo me that this event was held last year as well. He thaughi ihat
he checked into it this year and that there weren't any issues. He to(d me that the event would k�e
ending at 22QQ hours to stay in compli�nce with the Gity of Galden Valley`s noise nrdinance. He
told me that if there were any further issues that I should cantacC hirn. He said that h�was wiliing
to provi�fe me with his informatian. I asked him if he'd be willir�g ta shaw me his I� so I could put
it in my computer along rrvith his phan� nurnber in case I needed tn cc�ntact him iater and he
stated that was fine and gave me his MN driver's license identifying himself as Roman alsh�r�sky
OOB 11I26/85. When E ran Ql�hansky's ciriver's license in my computer, # abserv�d that he i�ad a
mksdemeanor Hennepin County fnr failing ta maintain Y�is property. The warr�rrt number is
18421�12, The warrant was a sign and release warrant. '
Sgt. Slaat and Offic�r Sikjander arrived o� scene ta assist me. I conducted a search af
C1lshansky's person and placed him into the rear seat of Sgt. SlaaYs squad car. Hennepin Gounty
clerks ec�nf�rmed the warrant and �rovided a caurt ciate af 10/11'118 a#Q815 hours at�ivision 3
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Goiden Valley P�I�ce Qepartment ���rtf�
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Ridgedale court for Olshansky. I corrtpleted ttre sign a�d release warr�nt form which Qishansky
signed and was provided a copy af. I inciuded a copy of this dc�cument with the case file:
Olshansky was then re[eased. Nothing further.
OKicer Name. ZACHMAN
Clfficer(4) �
RepartingAfffcer: 2ACHMAN,lEitAC� {3524} 09/22i203806:12:60
AppravingCltficer: Singh,Ryan 53563j 09/23/20180b:59:01
AsslstingOfficer: StOAT,CNRlSTINE (3Sip) 09J22)201806:18:fl0
Assisting 0#ticee; 51UANOER,LEVI (3533} d9/22J201$p6:19:Op
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7C�4593-8�95 I 763-��3�8�(��{f��)
Date: October 8, 2018
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Emily Goellner, Associate Planner/Grant Writer
Subject: Conditional Use Permit Training
Summary
Staff has prepared a training session on Conditional Use Permits (CUPs), which are one of the
most frequently reviewed land use applications by the Planning Commission. The training will
summarize the purpose for CUPs, the City's authority to approve and deny applications, how
conditions may be included, and review of relevant case law.
Conditional Uses
Uses specified as conditional generally represent uses favorable and desired, but that may pose
potential impacts that may need to be mitigated. The League of Minnesota Cities stresses that
conditional uses, like permitted uses, must be allowed if the applicant can prove that the
application meets all the conditions and requirements of the city's ordinance and will not be
detrimental to the health, safety and welfare of the public.
Distinction from PUDs
There is an important distinction between CUP approvals and Planned Unit Development (PUD)
approvals. Conditional uses in the Zoning Code are uses that are allowed as long as the standards
listed in the Code are met. If the application meets all of the standards listed below, the City
usually has no legal basis for denial of a CUP. In other words, the applicant is entitled to approval
if the City finds that the standards have been satisfied. PUDs are different in that property
owners are not entitled to approval in any way. Property owners and developers apply for PUDs
when they are seeking flexibility from the provisions of the Zoning Code, including flexibility in
uses allowed, setbacks, height, parking requirements, number of buildings on a lot, and similar
regulations. PUDs have a different set of findings that must be made, which are outlined in the
PUD section of the Zoning Code. The League of Minnesota Cities illustrates how much discretion
the City has to make land use decisions.
Evaluation and Findings
The attached memo by League of Minnesota Cities, "Taking the Mystery Out of Findings of Fact",
provides guidance on how to provide a written evaluation and decision on a CUP application.
Staff has reviewed how other cities make findings in CUP memos and will take some best
practices from these memos for incorporation into Golden Valley documents. The findings and
recommendations for a Conditional Use Permit are based upon any or all of the following factors,
as outlined in the Zoning Code (see attached):
1. Demonstrated Need for the Proposed Use
2. Consistency with the Comprehensive Plan
3. Effect on Property Values
4. Effect on Traffic
5. Effect of Increases in Population and Density
6. Compliance with Mixed Income Housing Policy as applicable
7. Increase in Noise Levels
8. Impact of Dust, Odor, or Vibration
9. Impact of Pests
10. Visual Impact
11. Other Impacts to the City and Residents
Legal Analysis
Maria Cisneros, Golden Valley City Attorney, has prepared a memo regarding the lawful approval
and denial of CUPs, imposing conditions of approval, enforcement of CUPs, and the role of
permitting and other ordinances, regulations, and laws.
Attachments
Memorandum from Maria Cisneros to Planning Commission, dated October 8, 2018 (6 pages)
Minnesota State Statute Section 462.3595 (1 page)
League of MN Cities Memo: Land Use Conditional Use Permits (4 pages)
Pyramid of Discretion, League of MN Cities (1 page)
League of MN Cities Memo: Taking the Mystery out of Findings of Fact (4 pages)
Conditional Uses Section 113-30 of Proposed Re-codified Golden Valley Zoning Code (2 pages)
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Date: October 4, 2018
To: Planning Commission
From: Maria Cisneros, City Attorney
Subject: Conditional Use Permits Training
INTRODUCTION
A conditional use is a land use that is allowed so long as certain standards are met. Conditional
uses are authorized by state law and by City ordinance.l Golden Valley's conditional use ordinance
details the standards that an applicant must meet to qualify for a conditional use permit ("CUP").
If the applicant meets those standards, the applicant is entitled to the CUP.
In many cases, CUPs are approved with conditions. While conditions may be imposed on CUPs,
there are limitations to the conditions the City may impose. This memorandum provides guidance
on when conditions are appropriate and how conditions should be crafted to minimize the
likelihood a court will overturn the City's decision on a CUP.
ANALYSIS
The City's2 role in considering a conditional use application is quasi-judicial. This means that the
City must act as a judge, evaluating the facts against the standards in the ordinance. The City's
decision to grant or deny a CUP is reviewable in court and the court has the authority to compel
the City to approve a conditional use.3
The judicial standard of review with respect to a conditional use is arbitrary and capricious. In other
words, the court will only reverse a city's decision regarding a conditional use if the city acted
1 Minn.Stat. §462.3595;Golden Valley City Code("City Code")§ 113-30.
2 For simplicity,the term City as used in this memorandum refers to both the City Council and the Planning
Commission.
3 Minnetonka Congregation ofJehovah's Witnesses, Inc. v.Svee, 226 N.W.2d 306, 308(Minn. 1975) (holding that the
proper remedy when a CUP is denied is a mandamus action to compel the issuance of the CUP).
1
"unreasonably, arbitrarily or capriciously."4 Courts looks at two prongs in determining whether a
city acted unreasonably, arbitrarily, or capriciously:
1. Whether the reasons given by the city were legally sufficient.s
2. If the reasons given are legally sufficient, whether the reasons had a factual basis in
the record.6
In making these determinations, the court does not weigh the evidence. It only reviews the record
to determine whether there was a legal reason supporting the decision. The following are a few
rules of thumb the Planning Commission and the City Council should follow to minimize the
likelihood a court would overturn its conditional use decisions.
Rule 1: The City's role is to evaluate the impact of the use using the criteria set forth in the
conditional use ordinance.
Under the Golden Valley City Code, conditional uses are uses that the City Council has determined
are acceptable in each type of zoning district.'These uses are allowed uses, but because they may
have an unusual impact on surrounding properties or might adversely affect the future
development of the City or the general public health,welfare,or safety,the City has reserved some
discretion to determine the suitability of the conditional uses on a case-by-case basis.$The extent
of the authority to approve or deny a conditional use is defined by the City's conditional use
ordinance. The job of the Planning Commission and the City Council in evaluating a conditional use
application is to compare the information before it related to the impact of the proposed use
against the requirements of the City Code, and more specifically, the standards and criteria set
forth in City Code § 113-30(d). If the standards and criteria are met, the use must be approved.
Denial of a conditional use application that meets the standards and criteria is arbitrary and would
not survive judicial review.
Rule 2: Conditions imposed on a conditional use must bear a substantial relationship to
the criteria in the ordinance and the City may not impose impossible or unreasonable
conditions.
Reasonable conditions relating to the ordinance criteria may be imposed on conditional uses as
long as they are based on factual evidence in the record. Denying a CUP on the grounds that the
applicant refused to comply with conditions that do not bear a substantial relationship to the
criteria set forth in the ordinance would be arbitrary and capricious.9 Remember, conditional uses
°Schwardt v. Cnty. of Watonwan, 656 N.W.2d 383, 386(Minn. 2003).
5 C.R. Invs., Inc. v. Vill. of Shoreview, 304 N.W.2d 320, 325(Minn. 1981).
61 d.
'City Code§ 113-30("A conditional use permit shall be required for those occupations,vocations,skills, businesses,
or other uses specifically designated in each zoning district as requiring such a permit.").
$See, e.g.,City Code§ 113-88(e)(listing the conditional uses allowed in R-1 zoning districts).
9 See C.R. Investments, Inc. v. Village of Shoreview, 304 N.W.2d 320(Minn. 1981)(holding that denial of a permit to
build four-plex homes in a single family neighborhood because the proposed development did not meet the"highest
design standards"was not legal grounds for a denial because it did not bear a substantial relationship to the relevant
are acceptable uses as long as they meet the criteria set forth in the conditional use ordinance.
While the Commission and the Council may ask a CUP applicant to agree to conditions unrelated
to satisfying the criteria, it may not require the applicant to comply with unrelated conditions or
deny a CUP application because the applicant refuses to agree to unrelated conditions.
Furthermore, denial of a CUP cannot be based upon an applicant's failure to meet an impossible
and unreasonable requirement.lo
Imposing conditions unrelated to criteria in the ordinance opens the City up to a finding that the
decision was arbitrary. To illustrate this point, imagine a CUP for a residential facility serving more
than 25 people in an R3 zoning district that was approved with an extensive list of conditions,
including a requirement to use backer board on the exterior of the proposed building. The use of
backer board is not related to the impact of the use or the criteria in the conditional use ordinance.
Imagine now that after 20 years of successfully operating under the conditional use permit, the
owner replaces the backer board with metal siding and the City revokes the conditional use permit
as a result. It is highly likely a court would find the revocation to be arbitrary because,
notwithstanding the backer board violation, the property use would still meet all of the criteria in
the ordinance. That is, the owner would be able to demonstrate to a court that the City's decision
to revoke the permit was arbitrary because the use itself still meets all of the criteria in the
ordinance.
In addition to the threat of legal liability, there are policy reasons to avoid imposing unrelated
conditions in CUPs, for example:
1. Requiring an applicant to have a complete and final plan at the CUP application stage is
impractical and could result in an unnecessary burden to applicants.
2. To the extent specific matters are not addressed in the City Code, that is likely because the
City Council has made a conscious decision not to regulate that particular area. Exterior
building materials are a good example. There is not currently a provision in the City Code
that requires a builder to use any particular exterior treatment. The Council is currently
discussing whether it wishes to enact a new ordinance imposing such a requirement in the
future. For the Planning Commission to require a conditional use applicant to use a
particular exterior building material would be to make a policy decision about exterior
building materials that should be made by the City Council through an update to the City
Code.
3. Calling out some code requirements and not others based on the individual priorities of
particular Commissioners or Council Members could create the false impression that only
those requirements specifically called out apply to the applicant's project. This practice
could encourage applicants to argue that other requirements not called out in the permit
criteria in the ordinance).This is consistent with the quasi-judicial nature of the conditional use approval process,
which limits the city's authority to evaluating the facts against the standards in the ordinance.
lo Id. at 326(Minn. 1981).
do not apply. Finally, explicitly referencing only some of the other requirements that apply
to a particular property or project could be confusing to applicants, especially those who
do not have experience working through the planning and building process.
4. There are other City departments and subject matter experts charged with ensuring
applicants comply with the rest of our City Code, including the Engineering and Public
Works Departments through the permitting process; the Building Inspector and Fire
Department through the inspections process; the City Clerk, City Attorney and Police
Department through the liquor licensing process; and the State Department of Health
through the food licensing process. It would be redundant to also address these issues in
CUPs. Further, to address these items in CUPs creates a risk that the CUP conditions could
conflict with the requirements of the City Code or state law and, therefore, would require
staff to research each condition to catch and correct any such conflicts.
5. CUPs run with the land and are recorded in the county property records. They should be
drafted with a long-term perspective and should not unreasonably interfere with the
owner's property rights.
Rule 3: The City must consider mitigating conditions that may satisfy the standards of the
ordinance.
If, during the application process, mitigating conditions that would allow the applicant to satisfy
the standards of the conditional use ordinance are proposed,the City must consider the proposed
conditions and address them in its findings. The City should evaluate whether the conditions
mitigate any concerns associated with the proposed conditional use. If the applicant proposes a
condition that would eliminate any conflicts with the ordinance's standards, the City should
approve the CUP.11 On the other hand, the City is not required to suggest or impose mitigating
conditions.lZ The burden is on the applicant to show that the proposed condition will satisfy the
requirements of the ordinance.13
Rule 4: The factual record must be carefully documented and focused on how the facts
relate to the criteria in the conditional use ordinance.
Because the decision to approve or deny a conditional use requires the City to apply facts to the
law to make a decision, the City should always prepare detailed findings of fact to support its
11 RDNT, LLC v. City of Bloomington,861 N.W.2d 71,78(Minn. 2015)("If a conditional use permit applicant
demonstrates to the governing body that imposing a reasonable condition would eliminate any conflict with the
ordinance's standards and criteria, it follows that the governing body's subsequent denial would be arbitrary.").
iz Id.
13 Minn.Stat. §463.3595,subd. 1("Conditional uses may be approved by the governing body. . .by a showing by the
applicant that the standards and criteria stated in the ordinance will be satisfied.") (emphasis added). Compare C.R.
Investmenrs, Inc., 304 N.W.2d 320(reversing the Village's denial of a CUP because the city failed to consider
reasonable conditions proposed by the applicant that would resolve the City's stated reasons for denying the
permit);Zylka v. City of Crystal, 167 N.W.2d 45,49(Minn. 1969) ("A denial would be arbitrary. . . if it was established
that all of the standards specified by the ordinance as a condition to granting the permit have been met." (footnote
omitted)).
decisions. To ensure this standard is met, the City should only consider facts that are in the record
and all of the facts considered in reaching a decision on a conditional use should be documented
in the record. The basis for the City's decision should be well-documented and focused on
establishing whether, based on the facts in the record,the proposed use satisfies the conditions of
the conditional use ordinance.
If the City is sued over a conditional use decision, the court will review the record for a sufficient
statement of the reasons given by the City for granting or denying the request. Findings should
provide the court everything it needs to uphold the decision. Before making a recommendation to
the Council, the Planning Commission should carefully craft its recommendation to address the
impact of the proposed use as it relates to the factors set forth in the conditional use ordinance.
Rule 5: The City can enforce the terms and conditions of conditional use permits.
When property owners do not comply with the terms and conditions of a CUP, the City has the
authority to suspend, revoke or consider the amendment of the permit under City Code § 113-30.
Some examples of when the City would consider revoking or amending a CUP include:
1. When "the terms or conditions of such permit have been violated or broken."14
2. When the property owner makes improvements to the property that were prohibited by
the CUP or were not contemplated by the CUP but are contrary to other terms or conditions
ofthe CUP.ls
3. When the owner makes changes affecting"uses, parking and loading, or components other
than minor changes."16
4. Where it is determined that the issuance of a CUP was invalid, the City has limited inherent
authority to reconsider the issuance of the CUP.17
14 City Code§ 113-3(I). ("The City Council shall have the right to revoke or suspend any conditional use permit
whenever the terms or conditions of such permit have been violated or broken.All such action by the City Council to
revoke or suspend a conditional use permit shall be by means of a majority affirmative vote of City Council
Members.").
ls See,e.g.,Dedge v. City of Maplewood,419 N.W.2d 854(Minn.Ct.App.1987)(upholding the city's decision to revoke
a CUP that allowed parking but prohibited truck or trailer storage and the owner constructed a trailer garage).
16 City Code§ 113-30(k)("Changes to an approved conditional use permit affecting uses, parking and loading, or
components other than minor changes shall require amendment to the conditional use permit by the City.The
requirements for application and approval of a conditional use permit amendment shall be the same as the
requirements for original application and approval.").
17 See, e.g.,In re Block,727 N.W.2d 166(Minn.Ct.App. 2007) (holding that the city had inherent authority to
reconsider its decision to issue a CUP where one of the conditions of the CUP was to "debark" dogs at a dog breeding
facility and the parties later decided debarking was inhumane).This authority must be exercised within a reasonable
time after the CUP is issued.
CONCLUSION
In making recommendations and decisions regarding CUPs, both the Planning Commission and the
City Council should apply the facts before them in the record to the criteria in the conditional use
ordinance to determine the impact of the proposed use and whether the use meets the criteria set
forth in the ordinance. The City may include conditions on CUPs, as long as the conditions bear a
substantial relationship to the criteria set forth in the conditional use ordinance. Imposing
conditions that are unrelated to the impact of the use and the criteria in the ordinance would be
arbitrary and subject the City to potential liability. If a condition is proposed in the review process
that mitigates concerns raised by the City, the City must consider the proposed condition and all
conditions considered and imposed on a CUP should be clearly and completely documented in the
factual record. Finally, the City can rely on the enforcement mechanisms built into the conditional
use ordinance to ensure approved uses remain compliant with City Code.
1 MINNESOTA STATUTES 2018 462.3595
462.3595 CONDITIONAL USE PERMITS.
Subdivision 1. Authority.The governing body may by ordinance designate certain types of developments,
including planned unit developments, and certain land development activities as conditional uses under
zoning regulations.Conditional uses may be approved by the governing body ar other designated authority
by a showing by the applicant that the standards and criteria stated in the ordinance will be satisfied. The
standards and criteria shall include both general requirements for all conditional uses, and insofar as
practicable, requirements specific to each designated conditional use.
Subd. 2. Public hearings. Public hearings on the granting of conditional use permits shall be held in
the manner provided in section 462.357,subdivision 3.
Subd. 3. Duration.A conditional use permit shall remain in effect as long as the conditions agreed upon
are observed, but nothing in this section shall prevent the municipality from enacting or amending official
conxrols to change the status of conditional uses.
Subd. 4. Recording of permit.A certified copy of any conditional use permit shall be recarded with
the county recorder or registrar of titles of the county or counties in which the municipality is located for
record. The conditional use permit shall include the legal description of the property included.
History: 1982 c 507 s 25; 2005 c 4 s I10
� Copyright�2018 by Cl�e Revisor of Statutes,State of Minnesota.All Rights Reserved.
� �
� INFORMATION MEMO
�-��'��� °� Land Use Conditional Use Permits
�Ir�r���o��,
�iT��s
Learn the basics of conditional use permits (CUPs) in administering the city's land use ordinances.
Define conditional use permits,for what purposes they may be granted,• learn who grants them and
procedural cansiderations for public hearings and the role of neighborhood opinion. Understand
expiration dates, time limits and revocation of CUPs.
RELEVANT LINKS: �. Conditional use
A conditional use is a land use designated in a zoning ordinance that is
� specifically allowed in a zoning district so long as certain standards are met.
The zoning ordinance typically detail both general standards that apply to all
conditional uses, as well as specific standards that apply to a particular
conditional use in a given zoning district.
A use is typically designated in a zoning ordinance as conditional because of
hazards inherent in the use itself or because of special problems that its
proposed location may present. For example, uses that generate traffic such
as family childcare, service stations, convenience stores, or drive-thrus are
often designated as conditional uses.
II. Conditional use permit (CUP)
A conditional use permit is a document a city issues to grant a conditional
use when the general and specific ordinance standards have been met by the
applicant. The use is allowed by permit only if the special concerns are
addressed as set forth in the zoning ordinance. Conditional use permits are
��;"° sr��.§`afi2�5`'s. authorized under state law.
A. General CUP standards
A zoning ardinance will typically detail general standards that apply to all
conditional uses. For example, some zoning ordinances provide that all
conditional uses must conform to the comprehensive land use plan of the
community, be compatible with the adjoining properties, and be served by
adequate roads and public utilities.
This material is provided as general information and is not a substitute for legal advice.Consult your attorney for advice concerning specific situations.
145 UniversityAve.West www.lmc.arg 11/15/2017
Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 �O 2017 All Rights Reserved
RELEVANT LINKS:
B. Specific CUP standards
In addition to general CUP standards, many zoning ordinances will detail
specific standards that apply to a particular conditional use, such as those
made for businesses operating a drive-thru. Conditions for such uses may
include specific standards regarding things like off-street parking and
loading areas, landscaping and site plan, and hours of business operation.
III. Granting conditional use permits
Generally, CUPs are granted only for uses specifically listed in the zoning
ordinance as conditional uses in a particular zoning district. If a use is not
designated as a conditional use in a zoning district, then arguably the city
has no ability to issue a CUP without first amending the zoning ordinance to
provide for the conditional use. This would of course allow other applicants�
to apply for a conditional use permit under the same standards.
A. Who grants
see seot;o„iv,rUei�o A CUP is typically approved by the city council.Planning commissions
hearings.
often first consider the CUP application and make recommendations to the
city council. State statute allows the city council to designate its CUP
approval to another authority, and some cities have designated the planning
commission as the approving body. In any event, the city council is
generally makes the final decision on CUPs.
B. Required approval
If a proposed conditional use satisfies both the general and specific
standards set forth in the zoning ordinance, the applicant is entitled to the
conditional use permit. Importantly, if the applicant meets the general and
specific ordinance standards,the city usually has no legal basis for denying
the CUP.
C. Time limits
�'t;nn.St�1t � �s.`'�. A written request for a CUP is subject to Minnesota's 60-day rule, and must
be approved or denied within 60 days of the time it is submitted to the city.
A city may extend the time period for an additional 60 days, but only if it
does so in writing before expiration of the initia160-day period. Under the
60-day rule, failure to approve or deny a request within the statutory time
period is considered an approval.
League of Minnesota Cities Information Memo: 11/15/2017
Land Use Conditional Use Permits Page 2
RELEVANT LINKS:
D. Other conditions on permits
1. Permitted
Reasonable conditions relating to the ordinance standards may be attached to
a CUP based upon factual evidence contained in public record. For example,
if a zoning ordinance provides that a conditional use should not have adverse
visual or noise impacts on any adjacent property, a city might reguire
specific screening and landscaping conditions to address any potential
impacts established in the record.
2. Not permitted
M;�,n.su�t ���z.:3><�s,5ul�a State statute provides that a CUP remains in effect as long as the conditions
q.c;.��p.s��-.a-3z t���i,ru��ry� agreed upon are observed. The attorney general has found that time limits
���i`'��'�� such as sunset provisions or automatic annual review are not consistent with
state law, explaining that cities may not enact or enforce provisions that
allow a city to terminate CUPs without regard to whether or not the
conditions agreed upon are observed.
If a city wishes to place time constraints on particular uses, then the
appropriate zoning tool is an interim use permit, rather than a conditional
Minn.Stat.§462.:3>97.
use permit. State law authorizes interim use permits for a temporary use of
property until a particular date, until the occurrence of a particular event, or
until zoning regulations no longer permit it.
IV. Public hearings
NT;,,�,.sta� ��bz.���s,s��ba. A proposed conditional use is allowed only after a statutorily required public �
n��n�,.sld�.�4cz.�s��,S��ea hearing. The city must provide published notice of the time, place, and
3 purpose of the hearing on a proposed CUP at least 10 days prior to the day
LMc�nfor,,,ac�on�„emo, of the hearing. If the decision affects an area of five acres or less, the city
�°"'"�'��z"'��r°r r't'es�, may need to mail notice to property owners within a 350-foot radius of the
Section V-C-2-b on
�o„a„�t;,,g p„bi,�hear;,,gs. land in question. The purpose of the public hearing is to help develop a
factual record as to whether the applicant meets the relevant ordinance
standards such that the CUP should be granted.
A. City role in hearing
A city exercises so-called "quasi judiciaP' authority when considering a
CUP application. This means that the city's role is limited to applying the
standards in the ordinance to the facts presented by the application. The city
acts like a judge in evaluating the facts against the standards. If the applicant
meets the standards, then the CUP should be granted. In contrast, when the
city in zoning ordinance designates certain uses as conditional, the city is
exercising"legislative" authority and has much broader discretion.
League of Minnesota Cities Information Memo: 11/15/2017
Land Use Conditional Use Permits Page 3
RELEVANT LINKS:
B. Role of neighborhood opinion
Neighborhood opinion alone is not a valid basis for granting or denying a
CUP. While city officials may feel their decision should reflect the overall
preferences of residents, their task is limited to evaluating how the CUP
application meets the ordinance standards. Residents can often provide
important facts to help the city address whether the application meets the
standards, but unsubstantiated opinions and reactions to an application do
not form a legitimate basis for a CUP decision. If neighborhood opinion
serves as the sole basis of the decision, it could be overturned by a court if
challenged.
C. Documentation of hearing
see LMc�„fo�,,,ac�on memo, Whatever the decision, a city should create a record that will support it. If a
Taking ike Alyste�y�oart c�f
rr,��;,������r�t��. city denies a CUP application, the 60-day rule requires the reasons for the
denial be put in writing. Even if a city approves a CUP, a written statement
explaining the decision is advisable. The written statement explaining the
decision should address the general and specific ordinance standards, and
explain the relevant facts and conclusions.
V. Conditional use permit after issuance
�T",° ��r �<���z'S�S,'°h� A conditional use permit is a property right that"runs with the land" so it
�� attaches to and benefits the land and is not limited to a particular landowrier.
State statute requires that CUPs be recorded with the county recorder's
Ivi,»❑.star §a6z 3s9s,suba.
a. office. When the property is sold,the new landowner will have the
continued right to the CUP so long as the conditions are met.
A city can revoke a conditional use permit if there is not substantial
compliance with conditions, so long as the revocation is based upon factual
evidence, after appropriate notice and hearing. Because a CUP is a property
right, a city should work closely with the city attorney if considering a CUP
revocation.
VI. Further assistance
�ea BU�kett LMCIT offers land use consultations,training and information to members.
651281.1247
;rn�rkEt�:u;i�„�.�r� Contact the League's Loss Control Land Use Attorney for assistance. You
can also learn more about land use issues in the land use section of the
l.,eague of R9innesc3ta Cities.
League's website.
League of Minnesota Cities Information Memo: 11/15/2017
Land Use Conditional Use Permits Page 4
Appendix A: The pyramid of discretion
The pyramid framework illustrates how much discretion the city has to make land use decisions
based on the role it is playing.
� �
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League of Minnesota Cities Information Memo: 11/15/2017
Planning and Zoning 101 Page S
� �
INFORMATION MEMO
L��Gu� °F Takin the M ste Out of Findin s of
�����soT�. 9 Y rY J
�tTt�s Fact
"Findings of fact" (a city's written explanation of a decision) are a crucial part of land use decisions,
and acting without a clue can be treacherous. Take the mystery out offindings of fact by exploring the
what, why, and how of fzndings facts to make defensible decisions.
RELEVANT LINKS: �. Use of findings of fact
Working with municipal land use regulations can be difficult for both city
officials and residents. Sometimes decisions need to be made that are
controversial, and no matter what the result, someone will be unhappy.
Trying to figure out the best result in the midst of heated discussions can be
a headache.
But no matter what the result, an important part of the process is developing
and adopting written "findings of fact"that explain the decision. Carefully
and thoughtfully developing written findings can help solve a contentious
problem. It forces officials to focus their inquiry on the relevant
considerations. And it produces a record that makes it easier for a court to
uphold the decision if challenged.
II. What are findings?
"Findings of fact" is a common term used to refer to a city's written
explanation of a land use decision. The term originates from the courts,
where judges often explain their determinations by issuing documents
entitled"Findings of Fact and Conclusions of Law."They recite the relevant
facts and then make conclusions by applying those facts to relevant legal
criteria. �
Like courts, cities sometimes need to apply facts to law to make a decision.
In administering land use ordinances, the city is often tasked with
determining the facts associated with a particular request and then applying
those facts to the legal standards. This process is called "quasi judicial", and
city authority is limited to applying the rules in place to the facts presented.
If the facts indicate an applicant meets the relevant legal standards, then they
may be entitled to the approvaL Typical land use approvals for which a city
may need to find facts include requests for condition or interim use permits,
zoning variances, and a subdivision or plat approval.
This material is provided as general information and is not a substitute for legal advice.Consult your attorney for advice concerning specific situations.
145 University Ave.West wwnnrJmc.org 8l21/2017
Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 O 2017 All Rights Reserved
RELEVANT LINKS:
If a city is sued over a land use decision, courts will review the record for a
sufficient statement of the reasons given by the city for granting or denying
the request. In the case of a denial of an application relating to zoning,
n�r„n.st���.§��9y. Minnesota's 60-day rule requires the reasons for a denial be put in writing.
Even when an application is approved, written findings explaining the
decision are advisable. Findings should provide a court with everything
needed to uphold the decision.
III. How to make findings
LMc sarT,����r��la�,�,�s of Creating findings of fact can be relatively straightforward if a city follows
Fact.
some basic guidelines.
A. Apply facts to law
Findings of fact should explain to the reader how and why the city reached
its decision. The document should identify the relevant legal criteria such as
statutory standards or code provisions, explain the relevant facts relating to
the particular application, and then apply those facts to the legal criteria.
B. Show yourwork
Like a math exam in school, it is important to be complete and to"show
your work." Showing your work can be more important than reaching a
particular result. Explaining the method of reasoning followed by the city in
judging an application helps ensure the city is on the right track. If a reader
can tell how you reached your result, without having to guess, you have
showed your work. But if the reader is left guessing,then the city may be on
shaky ground.
C. Look up the law
Before setting out to find facts, a little invest�gation is needed. A crucial
early step is to identify the relevant legal standards. For example,
applications for conditional use permits are subject to standards that should
be spelled out in city ordinance. Determine exactly what ordinance standards
apply. Reference and quote the relevant standards in your findings.
D. Provide relevant facts
Findings of fact should state all of the relevant facts the city considered in
making its decision. A fact is relevant if it proves or disproves that the
application meets the legal standards. For instance, if an applicant is seeking
a conditional use permit where the effect of traffic on adjacent properties is
an ordinance standard, then the city should look for facts related to traffic
impacts. It is important to address each and every relevant legal standard by
describing relevant facts.
League of Minnesota Cities Information Memo: 8/21/2017
Taking the Mystery Out of Findings of Fact Page 2
RELEVANT LINKS:
E. Stay on track
Sometimes issues arise that don't relate to the legal standards. If city
officials start to discuss and debate the facts of the application without
limiting themselves to the relevant legal standards, a lot of time and energy
can be wasted on issues that don't lead to a solution. Arguments about
irrelevant facts can easily lead the city astray. Don't include irrelevant facts
in your findings.
F. Beware opposition
Neighborhood opposition is perhaps the most challenging issue to deal with
Minnetonka Congregation of when considering the merits of a particular land use request. Case law holds
Jehovah's Witnesses,Inc.v.
svee,?zc�N.ti�.za 306�Nrnri that the opinions of neighbors should not be the sole basis for a particular
'"''��� city action. While residents can bring to light helpful information that relate
to the legal standards, opposition alone is never a legally relevant finding.
G. Don't parrot
� Findings must adequately describe the reasoning for a decision. Ambiguous,
conclusory or boiler plate language does not usually provide a sufficient
explanation of the decision's rationale. Merely restating or"parroting"the
legal standard is not enough. It is important to state the legal criteria. But
more needs to be done to explain why the standard is or is not met.
H. Just because
One of the simplest tech�iques to ensure findings sufficiently connect the
decision to legal standards is to use the word"because." Read each
statement carefully before completing the finding. What you write after the
word"because" in each finding must support the statement that introduces
the finding. A similar approach is to phrase the standard as question, and
then provide a detailed answer.
I. Don't assume
Don't assume the reader knows about your city or has any background about
the decisions. Present a complete picture, by telling the whole story. Written
findings should be clear to someone unfamiliar with the matter. A person
who knows nothing about your city or subject property should be able to
read the findings and know what decision was made and why.
League of Minnesota Cities Information Memo: 8/21/2017
Taking the Mystery Out of Findings of Fact Page 3
RELEVANT LINKS:
J. Presentation matters
Presentation can be important if you want to be taken seriously. So check
your spelling, use correct grammar, avoid pronounces, and don't try to be
funny. If you take the care to present well, it reinforces the idea that the city
knows what it is doing and acted for good sound reasons.
K. Get help
Jea BU�kett Sometimes a city might find itself in over its head, and it can be important to
Loss connoi Lana use seek guidance. Be sure you understand the statements in your findings. For
^�°�°eY example, if you do not know what the comprehensive plan provides, do not
651281.1247
�t�urkz�t�r�,i»���.�r� try to complete a finding regarding the comprehensive plan until you learn
what it states. Consult a planner or the city attorney or contact the League.
L. Conclude
Written findings should identify the relevant legal criteria such as statutory
standards ar code provisions, explain the relevant facts relating to the
� particular application, and then apply those facts to the legal criteria to reach
a conclusion. Sometimes more than one conclusion is possible. If the city
takes care to develop thoughtful findings of fact that relate to the relevant
legal standards,then there should be no mystery as to why the city reached
the decision it did.
League of Minnesota Cities information Memo: $�z1�z0��
Taking the Mystery Out of Findings of Fact Page 4
Sec. 113-30. -Conditional Uses.
(a) The purpose and intent of this section is to provide the City with a reasonable degree of discretion
to determine the suitability of certain uses with characteristics which may be appropriate within a
given zoning district but which might have an unusual impact upon surrounding properties or which
might otherwise adversely affect the future development of the City or the general public health,
welfare, or safety of the property or residents therein. A conditional use permit shall be required for
those occupations, vocations, skills, businesses, or other uses specifically designated in each zoning
district as requiring such a permit.
(b) An application for a conditional use permit may be made by any governmental body, department,
board, or commission, or by any person, individual or corporate, having a legal interest in the
property described in the application. Each property site shall require its own application. Single
applications may not be made for noncontiguous or scattered sites.
(c) The City Manager or his/her designee shall refer the application to the Planning,Commission to hold
an informal public hearing. The applicant and all property owners within 500 feet of the subject site
shall be notified of the informal public hearing by the U.S. mail, not less than 10 days prior to the
date of this informal public hearing. Such notice shall include the date, time, and place of the hearing
and shall identify the subject site.
(d) The Planning Commission shall make findings and recommendations to the City Council based
upon any or all of the following factors (which need not be weighed equally) and shall present its
findings and recommendations to the City Council in writing:
(1) Demonstrated need for the proposed use.
(2) Consistency with the Comprehensive Plan of the City.
(3) Effect upon property values in the neighboring area.
(4) Effect of any anticipated traffic generation upon the current traffic flow and congestion in the
area.
(5) Effect of any increases in population and density upon surrounding land uses.
(6) Compliance with the City's Mixed-Income Housing Policy (if applicable to the proposed use).
(7) Increase in noise levels to be caused by the proposed use.
(8) Any odors, dust, smoke, gas, or vibration to be caused by the proposed use.
(9) Any increase in pests, including flies, rats, or other animals or vermin in the area to be caused
by the proposed use.
(10) Visual appearance of any proposed structure or use.
(11) Any other effect upon the general public health, safety, and welfare of the City and its
residents.
(e) The City Council shall take no action on the application until it receives the Planning Commission's
recommendation, or until 60 days after such application has been submitted to the Planning
Commission. Upon receiving the findings and recommendations of the Planning Commission, or the
elapse of said 60-day period, the City Council shall call and conduct an official public hearing to
consider the application.
(f) Notice of the official public hearing shall be published in the official newspaper of the City not less
than 10 days prior to the date of the hearing. Such notice shall include the date, time, and place of
the hearing and shall reasonably identify the subject site. In addition, copies of the written notice in
the form published shall be mailed to the applicant and to all property owners within 500 feet of the
subject site not less than 10 days prior to the date of such official public hearing.
(g) The City Council shall make findings and shall grant or deny a permit based upon any or all of the
factors found above. The City Council may make its approval of the permit contingent upon such
conditions as it determines necessary to prevent or minimize injurious effects upon the
neighborhood. The City Council may also require that sufficient performance bonding by an
acceptable surety be supplied by the property owner to ensure satisfactory compliance with the
conditions imposed by the conditional use permit.
(h) The City Council shall set forth in writing its decision, and the specific reasons for such decisions,
following the official public hearing. The applicant shall be notified in writing of the City Council's
decision. If the application is denied in whole or in part or conditions are imposed, the reasons for
such denial or for the imposition of conditions, shall accompany this notification.
(i) No application which has been denied wholly or in part shall be resubmitted for a period of six
months from the date of said denial, except on the grounds of new evidence or upon proof of
changes of conditions. Each resubmission shall constitute a new filing and a new filing fee in an
amount adopted by resolution of the City Council shall be required.
Q) Unless extended by the City Council in its sole discretion for an additional period of up to 12 months,
construction and all other pertinent implementation relating to an approved conditional use permit
must begin within 12 months of the date that the conditional use permit is approved or the conditional
use permit shall be deemed null and void. If the approved conditional use should cease for a period
of more than 12 consecutive months, the conditional use permit shall be deemed to have expired.
(k) Changes to an approved conditional use permit affecting uses, parking and loading, or components
other than minor changes shall require amendment to the conditional use permit by the City. The
requirements for application and approval of a conditional use permit amendment shall be the same
as the requirements for original application and approval.
(I) The City Council shall have the right to revoke or suspend any conditional use permit whenever the
terms or conditions of such permit have been violated or broken. All such action by the City Council
to revoke or suspend a conditional use permit shall be by means of a majority affirmative vote of City
Council Members.
(Code 1988, § 11.80; Ord. No. 540, 5-7-1981; Ord. No. 573, 8-27-1982; Ord. No. 256, 2nd
Series, 8-16-2001; Ord. No. 273, 2nd Series, 11-15-2002; Ord. No. 631, 2nd Series, § 8, 3-6-
2018)