10-08-68 BZA Minutes r/q3
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REGULAR MEETING OF THE
GOLDII�T VALLEY BOARD OF ZONING APPEALS
October 8, 1968
A regular meeting of the Golden Va11ey Boaxd of Zoning Appeals was held
Tuesday, October 8, 1968, at 7:30 p.m. at the C�lden Va11ey Civic Center,
7800 Golden Valley Road, Golden Valley, Minnesota. Chairman Christiansen
presided and the follo�ring members were present: Anderson, Bruch and
Jensen. Also present was Jon Westlake and Carol Wachter.
APPRQVAL OF MINUTES
MOVED by Anderson, seconded by Jensen, carried unanimously, to approve the
minutes of September 11, 1968.
b8-9-37 2501 Kyle Avenue No. (5) James E. Lieder
The petition is for the waiver of Section
3.07-C3) for 10� of a proposed double ara e to a sideyard setba�k
of 5� off the North property line. (Required 15� sideyard
setbackj
Mrs. Lieder and Mr. John Hofstede were present to explain the waiver. In
the discussion, the Board noted that there were other alternatives available
on the site. These were discussed with the petitioner who then asked to
have this item deferred for further study.
68-10-1�6 1425 Unity Avenue (6) R. W. VanHouse
The petition is for the waiver of Section
3.07-(l) for 8.1�' of a proposed residenee to a front yard setback
of 26.6� off the North property line, which is Unity Ave.
(required 35' front yard setback)
Mr. R. W. VanHouse was present to explain the petition. Mrs. Fae L. Fay,
1l�20 North Lilac �rive, was present as an interested paxty.
MOVED by Jensen, seconded by Bruch, carried unanimously, to approve the
waiver with the stipulation that the lot division for said property is
approved. The Board noted the cul de sac at the end of Unity Avenue is greatly
enlarged to the West, a portion of which abutts the proponent's parcel.
Also, this paxcel, on the East, has frontage on Unity Avenue.
68-10-1�7 2500 Orkla �9rive (19) Don Browne
The petition is for the waiver of Section
3.07-(1) of 6� to a front yard setback of 29� off the South property
line, which is 25th Avenue No.
�cerpt from Boaxd of Zoning Appeals minutes
Qctober 11, 1966 - "MOV�:D by Anderson, seconded by Christianse, to
approve the waiver because of the topography of the lot, the unique
manner in which the house is located on this �dd shaped corner lot,
carried unanimously."
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Board of Zoning Appeals October 8, 1968 Page 2
MOVED by Anderson, seconded by Bruch, carried unanimously, to grant the
waiver of 6t to a front yaxd setback of 29' off the 5outh property line,
reiterating the previous decision of the Boaz�d of Zoning Appeals October 11,
1966.
68-10-l�8 750 Decatur Avenue No. (21) Bob Brenny
The petition is for the waiver of Section
5.05-B of 0.1� off the Southwest corner of existing building to
19.9' , and 0.95� off the Southeast corner of existing building
to 19.05� . This request is off the North property line on
an existing building. (required 20' for building)
Bob Brenny and Art Ostlund of Egan, Field & Nowak, were present to explain
the request to the Board. In order to clarify the legal description in the
title of the existing building, it was MOVED by Jensen., seconded by Anderson,
carried uriani.mously, to approve the request.
68-10-l�9 7500 Winsdale Avenue No. (15) Wayne R. Jop
The petition is for the waiver of Section
3.07-3-(c) for 11� of a proposed residence to a front yard setback
of 2t�� off the South property line, which is Winsdale St.
(required 35' front yaxd setback)
In granting this waiver the Board pointed out the following:
l. Excerpt of minutes of Gol�en Va11ey Planning Commission �ecember 16,
1g65 �TThe Ordinance Committee fo�nd that a preeedent for a 21t' set-
back has been established on Lots 7 & 8, Block l�, Winnetka Addition.
The Ordinance Committee unani.mously recommenc:s approval of the
petition stipulating that Village Ordinances and Regulations shall
be complied with in all other respects.
A motion by Jensen seconded by Hetman to approve the Committee
report carried unanimously."
2. Excerpt of minutes of Golden Valley Village Council December 21, 1965
"Mr. Robert Raugland, President of the Planning Commission, presented
the recommendation of the Planning Commission to approve said waiver.
(see minutes of 12-16-65).
MOVID by Flannagan, seconded by Garis, carried to approve the
ordinance waiver at 1501 Pennsylvania Avenue No. upon recommendation
of the Planning Commission.�'
MOVk� by Jensen, seconded by Bruch, carried unanimously, to approve the request.
68-10-50 7600 Haxold Avenue (17) Golden Valley Methodist Church
Note: Area for proposed waivers are for paxking.
I �.�
Boaxd o� 2oning Appeals October 8 1968 Pa e 3
, � g
The pet�.tion is for the waiver of Sectaon
13102 CB) for 35' of landscaping to a front yard landscaped area of _
', 0� off Harold Avenue. (South property line)
, l. Area of no landscaping is 25� East of West property
line to 185� East of West property line.
2. Area of no landscaping is 25� West of East property
line to 125� West of Ea.st property line.
13.02 (B) for 35' of landscaping to a front yard landscaped area of
15� off Olson Memarial Highway. (North property line)
Area of no landscaping is 25� Ea.st of West property line
to 185' East of West property line.
Note: The above portion of the request was not acted upon because t.he
bituminous surfacing is alrea,dy in place.
Mr. Fred Salmon and r1r. Arno2d Anderson, trustees of the Golden Valley
Methodist Church presented their request to the Board. They have blacktopped
most of the area with the exception of 35� . They want approval to continue
to blacktop so they can have space to park an extra 15 cars. Their purpose
is to ha,ve a11 off-street parking.
The Boaxd, in discussing this petition, noted that on the building p1.an '
dated 12/1/6�., which was submitted to the Building Department !�/12/65, showed
a 20� setback for green area which has never been developed.
MOVED by Jensen, seconded by Anderson, to grant a waiver of 15� to a setback
o� 20� with the stipulation that the green area be protected from cars by a
buffer which is conforming to the plan submitted 1�-12/65. The motion carried
with three yeas and one nay.
68-10-51 790fl Golden Valle� Road (21) Malik�s Pure Oil (Pure Oil Co.)
The petition is for the waiver of Section
(Existing waivers as to present site)
S.Ob (A) of 23� to a front yard setback of 12� for the e�sting um
island on the South side. (l��quired 3S' front yard setback)
�.06-8-(l) for ' to a driveway, from the street intersection of 25'
off of East property line, which is Winnetka Ave.
(required 30► from street intersection}
5.05-B for 101 of landscaping to a sideyard setback of 0� off the
North property line.
5.o5-B for lo� of landscaping to a sideyard setback of 0' off the
West property line.
5.06 C-(1�) GU.ARD RAZLS
When a gasoline service station is adjacent to a Commercial,
light Industrial, or Industrial property, there shall be
provided and maintained a bumper type of fence approximately
18 inches high or a curb between the gasoline filling station
and the adjacent property except at entrances between
adjacent proper�ies.
5.06 A-(1) Refer to 5.05 A-(2) for 0.lt3� of an existing building
to a setback of 19.57� off the North property line.
Northeast corner of e�sting building extending to 3lt.29'
West of said corner. (required 20� setback)
_ 7 �
Boaxd of Zoning Appeals October 8, 1968 Page !�
5.06 A-(1) refer to 5.05 A-(2) for 7.23� of an existing building to
a setback of 12.77� off the North property line.
Northwest corner of e�sting building extended to 13.95'
Ea.st �f said corner. (required 20� setback)
The following waivers have been upgraded but still do not meet the ordinance:
5.06=!B-(1) for 15� to a driveway, from the street intersection of 151
off the South property line, which is Golden Valley R.oad.
(required 30� from street intersection)
5.06-C-(2) of 10� of landsca in to a front yard setback of 10� off
1�'innetka Ave. East property line) Required 20' of
landscaping.
5.06-C-(2) of !�� of landscaping to a front yard setback of 16► off
Golden Valley Road. (North property line) Required 20�
of landscaping.
5.06-C-(2) refer to ?.05 B of 10� of landscaping to a rear yard
setback of 0� off the South property line. (re�,uired 10�
of landscaping)
6.06-C-(2} refer to 7.05 B of landscaping to a sideyard landscaped
area of 0� off the West property line. (required 10� of
las�.clscaping)
Mr. Greg Malik and Mr. Bill Schultz of the Pure Oil Company presented their
rEquest to the Board. They are proposing to add a third bay to the existing
building. In the discussion Mr. Schultz said a retaining wa11 could be
constructed on the West property line of the parcel, and extend it East on
the North property line. They are anxious to up-grade this property as much
as possible by completely resurfacing, and putting in the changes that have
been discussed. As for the structure itself, possible a mansard roof, brick
and stone facing would give the building a general "face-lifting".
The proponent asked to have this request deferred to a later date at which
time they will re-submit a plan including the items discussed above.
68-10-52 566o s t. Croix Avenue (11) Northwestern College (KTIS Radio)
The petition is for the waiver of Section
12.02 �20) "Lot" - One unit of a recorded plat or subdivision occupied
or to be occupied by a building and its accessory buildings
and including as a minimum such open spaces as are required
�znder this Ordinance, and having i"rontage on a public street.
Street or highway easements are not part of a lot.
1.03 Lot of Record. In a11 of the zoning districts, every building
hereafter erected or structurally altered shall be located
on a separate lot or parcel of record, and in no case sha11
there be more than one (1) principal building on any one
such lot or parcel. The words "principal building" sha11
be given their common ordinary meaning, and in the case of
doubt or in any question of interpretation, the matter sha11
be referred to the Golden Valley Boaxd of Zoning Appeals.
(Ord. No. 263, 6/20/67)
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Board of Zoning Appeals October 8, 1968 Page 5
The following named persons were present to e�alai.n the petition to the
members of the Zoning Board: Harold A1lford, Business Manager for the
Northwestern College; C. L. Norris; Cornelius Kuer; Harold Munn; Donald
Malley and Tom Erickson, Attorney from the law firm of Dorsey, Marquart,
Windhorst, West and Halladay in the First National Bank Building. Mr.
Arnold Palmer was present as an interested party.
Mr. A1lford e�lained that their plan is to dispose of the old building by
dividing the parcel of land or demolishing the building if they retain the
property. They would then ha.ve the new building for which plans have been
submitted. Their plan involves a permit from the FGC to improve the
operation of their AM and FM broadcast from that location. The general
upgrading of the property would also involve the removal of the long trans-
mission line which extends �rom their tower. They will be going to 100,000
watts on FM -- this is controlled by FCC. They do have a permit for a
Lt75-foot tower from the FCC. The new transmission equipment would not go
in the old building. Their purpose is to erect a new building;. in keeping
with the area. As far as access is concerned, the proponents stated they
have a private easement into the property which is l� feet in width.
The late Robert Moser gave Northwestern College the private easement into
the property in 1950. They hope that ultimately there will be access to
the paxcel by a public street.
A general discussion followed Mr. Allford's presentation. It was suggested
that, if possible, the power company use an underground service to their
new building. The proponents feel that there is a unique, undue hardship
here that is an existing problem -- not one that they will be creating --
and they are asking for a temporary waiver while the existing building is
still there. They feel that 9� to 120 days after the new building is
erecte� wou�.d be sufficien-t time for them �o dispose of the old building.
A questi�n and answer period followed this discussion. The more predominant
points are listed below:
Q: In the event that the Council does not act favorable on the increased
height of the proposed tower, will it stay the same?
A: It would depend on the FCC. In any event, the Am will have to stay
there and if they cannot get the permit for the high�r tower, it is
likely that it would be some time before they can put a new building
in. They will have to seek out a new location for FM if they cannot
construct the new tower.
Q: Will the guy wires remain in the same location with the new Tower?
Y: Yes. (Easements for guy wires are shown on survey.)
Q: �oes this higher tower have any effect on the surrounding axea for
TV or other stations?
A: The �aller tower is higher than the frequency of the exis�ing TV
stations.
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Board of Zoning Appeals October 8, 1968 Page 6
Q: The vacant power pole is quite an eye-sore. Will this pole be taken down?
A: It is the intention that this pole will be taken down.
Mr. Allford continued by remarking that the new tower will be better aesthet-
ically than the present tower and that they would have the proper setbacks, so
no waivers will be needed.
MOVED by Jensen, seconded by Anderson, carried unanimously, to temporarily waive
the requirement of one principal building on one lot while a new building is
under construction; the old building to be removed within 120 days of completion
of the new building. The Board of Zoning Appeals authorizes the Building
Inspector to issue a building permit recognizing that this parcel has no frontage
to a public street.
There being no further business the meeting adjourned at 9:50 p.m.
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Chairman Christiansen ary Jon estlake