07-26-11 BZA Minutes Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
July 26, 2011
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
July 26, 2011 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Vice
Chair Nelson called the meeting to order at 7 pm.
Those present were Members Boudreau-Landis, Maxwell and Nelson, and Planning
Commission Representatives McCarty and Waldhauser. Also present were City Planner Joe
Hogeboom and Administrative Assistant Lisa Wittman.
I. Approval of Minutes — June 28, 2011 Regular Meeting
MOVED by Maxwell, secvnded by Boudreau-Landis and motion carried unanimously to
approve the June 28, 2011 minutes as submitted.
II. The Petitions are:
9315 Medicine Lake Road (11-07-04)
McDonalds, Applicant
Reque�t: iNaiver from Section 11.70, Off-�treet Parking and Loading
Regulations, Subd. 3 Minimum Number of Required Off-Street Parking
Spaces
• 7 parking spaces fewer the required 85 parking spaces for a total of 78
parking spaces
• Purpose: To allow for the construction of a second drive-through lane.
Hogeboom explained McDonald's proposal to renovate their existing store. As part of
the renovation, the applicant is requesting to add a second drive-through lane which will
reduce the number of parking spaces. This property is required to have 85 parking
spaces. The applicant is requesting a variance to allow them to have 78 spaces. He
noted that the Planning Commission is also reviewing an amended Conditional Use
Permit request for this property and has asked staff to review other communities
parking requirements.
Maxwell asked Hogeboom to review the fire access improvements. Hogeboom referred
to the site plan and explained that the Deputy Fire Marshal is requiring wider drive
aisles to better accommodate emergency vehicles. He noted that this proposal will have
better emergency access than the site currently has. McCarty added that the driveway
on Mendelssohn will also be widened to allow for improved access.
Boudreau-Landis asked about parking requirements for different types of restaurants.
Hogeboom stated that sit-down restaurants require more parking spaces than drive-
through restaurants.
Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2011
Page 2
Brian Johnson, Architect with Reprise Design, referred to a site plan and explained the
emergency access and the proposal to add a second drive-through lane. He stated that
this McDonald's has a lot more parking space than other McDonald's and he showed
the Board a rendering of the proposed new look of the store.
Nelson asked if this is a franchise or corporate store. Ray Croaston, Applicant stated
that this store is a franchise store but that corporate controls the land and real estate.
IVIcCarty referred to the site plan and stated that the radius of the proposed second
drive-through lane looks tight. Croaston stated that the radius is 20 feet which is typical
for vehicular movement.
Nelson asked about the typical number of parking spaces for a store of this size.
Croaston said 50 to 55 stalls would be the number of spaces they usually have. Nelson
noted that the amount of parking spaces even if the requested variance is granted
would exceed the typical amount McDonald's needs. Waldhauser questioned if they
could allow McDonald's to have even fewer than 78 parking spaces since they don't
require that many. She said she would like to see more grassy areas or picnic tables
instead. Maxwell said he believes the Board can only address the question before
them.
MOVED by Maxwell, seconded by Waldhauser and motion carried unanimously to
approve the variance request for 7 parking spaces fewer the required 85 parking
spaces for a total of 78 parking spaces.
The Board based its decision on the following findings:
• The request is in harmony with the intent and purpose of the Zoning Code
• The site will have a sufficient amount of parking
• The proposal is consistent with the Comprehensive Plan
• The proposal uses the property in a reasonable manner
• The proposal won't alter the essential character of the locality
• The property has a unique size and shape
5124 Winsdale Street IVorth (11-07-05)
Robert LeVasseur Construction Inc.. Applicant
Request: Waiver from Section 11.21, Single Family Zoning District (R-1),
Subd. 11(A)(1) FrontYard Setback Requirements
• 4.6 ft. off the required 30 ft. to a distance of 25.4 ft. at its closest point to
front yard (south) property line.
Purpose: To allow for the construction of an open front porch
Hogeboom referred to the site plan and explained that the applicant is proposing to
construct an open front porch which would extend into the front setback area.
Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2011
Page 3
Nelson asked how close a deck or patio could be built to the front properly line if it does
not have a roof over it. Hogeboom explained that if a structure is smaller than 25
square feet it is considered a landing and can be in the front setback area. If it is larger
than 25 square feet it would need to meet setback requirements.
Bob LeVasseur, Applicant, stated that the proposed open front porch will be functional
but mostly, it will enhance the overall appearance of the house.
McCarty asked about the width of the porch. LeVasseur said the pad of the porch will
come 6 feet out from the house and will be 13.5 feet in width. He added the gable roof
will be 15.5 feet in width.
The Board discussed whether the measurements should be taken from the edge of the
roof or from the foundation. Nelson suggested that the language regarding decks and
porches be clarified. She said she would also like to see language added to the Code
that would allow for covered landings.
McCarly asked the applicant if he had an elevation sketch of the proposed porch.
LeVasseur showed the Board a proposed sketch.
McCarty said he is having difficulty justifying granting a variance for this proposal.
Hogeboom noted that this house was built closer to the front yard property line than the
houses around it. Waldhauser stated that she believes variances are supposed to be
related to the circumstances of the lot itself and not where the buildings are placed.
Maxwell stated that the circumstances in this case were not caused by the current
landowner, the City is generally in favor of front porches, this proposal does not alter
the essential character of the neighborhood and it is a reasonable use of the property.
Nelson added that this proposal is in harmony, and is consistent with, the intent of the
Zoning Code.
MOVED by Boudreau-Landis, seconded by Maxwell and motion carried unanimously to
approve the variance for 4.6 ft. off the required 30 ft. to a distance of 25.4 ft. at its
closest point to front yard (south) property line to allow for the construction of an open
front porch.
The Board based its decision on the following findings:
• The request is in harmony with the intent and purpose of the Zoning Code
• The proposal is consistent with the Comprehensive Plan
• The proposal uses the property in a reasonable manner
• The proposal won't alter the essential character of the locality
• The circumstances on the property were not created by the current landowner
• The City is generally in favor of allowing front porches
Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2011
Page 4
III. Other Business
Election of Officers
MOVED by Maxwell, seconded by McCarty and motion carried unanimously to nominate
Nelson as Chair, Nelson accepted the nomination.
�IIOVED by McCarty, seconded by Nelson and motion carried unanimously to nominate
Boudreau-Landis as Vice Chair, Boudreau-Landis accepted the nomination.
IV. Adjournment
The meeting adjourned at 7:43 pm.
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Nancy Nels , Chair Joe eboom, Staff Liaison