03-11-69 BZA Minutes c7�i
REGULAR MEETING 4F THE
GQLDEN VAI,T,EY BOARD OF ZONING APPEALS
�?arch 11, 1969
The reg�zlar mee-�f.ng of the Golden Vall�y Board of Zoning Appeals t�aa�
held Tuesday, March 1.1, 19d9, at 7:3U P. �. at the Golden Valley Civic Genter,
7800 Golden Valley Road, Galden Va31ey, Minnesota. The follawing Board member�,
constituting a c�xox�zm, were present:
Donald E. Franzen
Dr. Robert R, HoQVer
Pau1 D. Sens�ad
Morton D. Silverman
Mr. Mahlon H. Sw�dberg, an alt�rnate member af the Board, was present for
the hearing of the requests but absent far the motions of the pr4ponents► requests.
Mr. Dan J. Lynch, Buildi.ng Commission�r, was pr�sent at the invitation of the Board.
The first order of bus�ness was the appointment of a pro tetn Chairman.
Dr. Rober-t R. Hoov�r was appointed to preside as Chairman and Mr. Jon L. �Jestl�ke,
Secretary of �th� Board of Zc�nin,g Appea3s, acted as Secretary of the meeti.ng.
The next order of business was the consideratian of the minutes of the
meet�ng of the Board h�ld on February- li, 1969, copies of which had been
distributed to the Baflrd. It was moved b� I�ahlan Swedberg, secanded by Robert
Hoover, to approve th� minutes of the meeting held February 11, 2969.
Ths n,ext order o,f business was the election of a Ghairman. It �aas moved
by Mort Silv�rm,an, seconded by Mahlon Swedber�g, to nominate Mr. LeRoy W.
Anderson, who is a member Qf the Board. l�o f�.irther nominations were received,
therefore, it �as mo�ed by Mahlon Swedb�rg, seconded b� Mort S�lverman, that
the nominatinns be closed and LeRoy Anderson b� elect�d Chairman of -the
Board of Zoning Appeals.
The Chairman then brought before the meeting the fflllowing r�quests for
waiversz
�9-3-2 (69-2-2) b820 Kingston Circl� (17) Gaxy C. Hoffman
The petition is for the waiver af SectYOn
3.07-1 far 8t of a proposed residence to a setback of 27� off the North
R3ght of Wa� of the curv�atur�e of �ingston Circle. (Requir�d 35�)
3.C37-1 for 12� of a �rop�osed residence to a s�tback of 23� off tYie South
Right of Way line of the servie� driee of State Highwa� I�o. �5,
�Required 35')
Mr. Gary C. Hoffman was present to e�cplain his request to the Board. In
requesting for the variance he askEd the Bc�ax°d to consider the following:
l. Th� request off Olson Memorial Highway Right of Way be considered a
rear yard.
2. Tf it is a rear yard, then 2 am asking for one {1) waiver and that
is off Kingston Circle. {The setback of the propo�ed house meets the
requirernents for a rear yard setback.}
3. The request on Kin�ston Circle is the same variance as ,given 6827
Kingston Circle, which has a front �ard setback of 27.,5�.
97
Board of Zoning Appeals March 11, 1969 Pa�� 2
After Mr. Hoffman�s pres�ntatian the Board r�ferred to Secti:on 3.07 (1),
I2.02 (26), and 12.02 (26) in Appendix I of �he Zoni.ng Code. After a lengthy
d3scussion the follarwing points were noted by the Board:
1. The proponent has a buildabl� lot.
2. Hc�us�s can be d�signed to fit the lot,
3. A substantial home can be placed on t,h.is parcel.
�.. fih� proponent could construct his resid�nce Idorth or Sauth on th� parcel.
5• Th� hardship is with th�; cul de sac off Kingston Circle.
6. Intent of the Ordi.nanc� is t.hat a dw�lling should be 35 �e�t �rom
the road Righ� of Way.
It was then m.oved by Morton Silverman, s�cond�d by Donald Franzen, unanim-
ous],y carried, to grant a wa,iver of Section �
3.07-1 for 8� of a ro osed residenc� ta a setback flf 27t off the North
Right of Way 1� -�he curveature of Kingston Circl�.
In approving -�his portion of the request the Board point�d out that the
petitioner does have a valid request as to the cul de sac. It was also noted
that similar requ�sts sach as this one have be�n approved by the Boar.d,
In the second part of the request it was moved by Paul Senstad, second�d
by Donald F'ranz�n, carried unanimously to den�* th� petition for Section
3.07-1 for 12t of a proposed resid�nee to a setback of 23t off the South
Right of Way n�e af t e�c� driv� of Stat� Highw�,y No. 55.
The Board noted the foll.owing in denying the second part of the proponent�s
requests
l. �ie Ordinanc� is cl�ar in its definition of a lot through.
(a} This pare�l is d�finitely a Iot through
(b) The lot has more than adequate build3ng �pace to place a house
on it.
2. No hardship running with the; land. It is a hardship of desi.r� upon
the proponent to put a particulax hou.ae on this particular parcel.
3. Althaugh Section 3.47-1 might not say unequivocally a$ to its app-
lication of this request, there i� enough precerient in past diacugs-
i4u plus the wording and interpretation of the wor�ding of Sec#�a�on
3.a7-1 that a w�iver would be required.
!�. In apprmvin� �his reque�t the Boaxd wauld set a precedent for o�hers
like it to the detri�nent of their n�ighborhood�s potentialit,p.
s. The true int.�nt of the Ordinance is to keep residential buildings
3.5� from the road Right of Way line. 7'l�i.� Ordinane� is pratecting
th� propon�nt.
69-3-6 155� Louisiana Ave. No. (15) Wa,ync R. Jopp Construction
The petition is for the waiv�r of Section
3.�7-1 for 6t of a proposed resid�nce to a front yaxd s�tback of
29t off the East proper�y line. (R�q�a:ired 3�� se�tback�
Mr. Wayne R. Jopp was present to rnake his req�zest to the Bc�ard. He
point,�d cnzt an the s�a.rvey th� odd shape of th� lot.
7'he Board not�d the proponent was asking for a waiver on the portion of
the lot wher� the arc of the Right of �vTay eu�ts d��ply into the lot.
�1�
Baard af Zoni.ng App�als Mareh 11 1969 Page 3
It wa� mov�d by Donald Franz�n, s�condcd by Morton Silverman to appro��
th� request in accordanc� with the c�rtified survey, dated F�bruar� 28, 19�9
b� Kenn�th K. Russ�11 Registered Zand Surv�yor No. �.b6l�, which shows only th€
propos�d hou�e. The request was carri�d unanimnrnzsly.
69-3-? 8925 Wayza-�a B�ul�vard (23) The Buhler Corporation
Note: �'he area of �he r�quest�d waiver is on the Rtorthwest corner of
the �xisting structur� where it protrudes into th� s�tback.
The petitian is for t,he waiver of Section
5.0,� A f c�r I0.�,�t on the �flr�thwe st corner of th� exis ting building
`to a fr4r�t �rard setbaek o�' 2�..�.5; o�f the North praperty line.
(R�quired 35' setbaek}
1.3.�2 D of the front yard landscaping, which is to th� w�st of th�
pr�sent struetur� on th� plot p3an dated November 18, 1968. �
(R�quired 35')
13.�2 � for 6� of landscaping to a side �ard landseaped area of 1��
off th� West proger�� line, Ar�a of no iandseaping e�tends
Sou�Gh �'rom th� i�orth prop�rty line 7.1.�01. (Requir�d I�t landscaping)
1�Ir. ]�.iane V, Young vf Ma�ne� Construetion Co. w�s present to e�lain the
request tfl the Board. H� stat�d that h� is adding on to the rear af �Ghe building
where no waiv�rs �,re ne�d�d; but in 4rd�r to r�e�ive a building per�nit for th�
addition, h� is asking fflr waiv�rs on the existing structur� only.
Th� Board in r�v3.ewin� the r�quest noted the building was construct�d
accord3.ng to cade. 7'he structure was put in nan�onformance when th� State
Highwa� Depa�tment pus�cha.sed additiQnal Right of Way along th� south side of
�iayzata Boulevard.
It was mov�d b.y Paul Senstad, seconded by Morton Silv�rman, carri�d
unanimousl,y to approve th� wai��r of Section 5.0� A deseribed as follows:
All that part flf Traet A R.L.S, 8�9 describe�d as follvw�: Commencing
at a point in a line that is 3�.� f��t South of and parallel to th�
North line of said Tract A distant s7.0 �eet West of the East line
of sa3d Tract A; thence continu.ing West�rl� alon� said parallel lin�
a distance of 97.� f�et; thence North parall�l to the East lin� of
said Traet A a dis�ance of 10.0 f�et; thence F1as�erly, to poi.r�t of
b�g�.nning.
A mtition was then mov�d by Ik>nald Franz�n, seconded by Morton Silverman,
carried unanimc�usl�r, to d�ny th� requ�st for Seetion
13.02 D of �h� front yard 3andscapin�, whieh is ta th� w�st of the
present structure on th� plot plan dated Nov�mber 18, 1968.
(Required 35�) :
13,a2 D fc�r 6r landseaping to a sid� yard landscaped ar�a of �.t off
the W�st proper�y lin�. Ar�a of no landscaping �xtends Sc�uth
from the North property lin� 1l�.0�. (R�quired 10� landscaping)
b9-3-8 291� Scott Avc. Nc�. (!�) �'l.��twood B�.iilacrs
The p�tition is �or the �aaiv�r af S�ction
��
Board of Zoning Agp�als March 11, 1969 Pag�e.I�
3.�7-2 for 8t of an exis�ing structure to a rear yard �etback of
10� for the protrudin� corner on th� Northeast corner of
the structure. (Required 18� setback)
Mr. Jerold W. F3.nnar�or� presented the requ�st for Fl�etwood Builders.
The Board in discussing this waiv�r not�d th� request is in the North�ast
portion of' th� Iot where the North propert3r lin� is the shortest distanc� an
the parcel. This prop�r�g line was established by Branch F Count,y �i.tch #18
on the East and Scott Aeenue on the West.
A mnticm was th�n mc�ved b� Paul S�nstad, second�d b� Marton Silverman
to approvc t.h� request in accordance wit,h the Certificate of Survey which shows
the position and location of the hause. This survey is dated F�bruary I.9� 1.9b9
by Egan, Fieid & Nowak, File No. �lt16.
By-I,aws of the Golden Valley Board of Zoning Appeals
The following are th� corr�ctions of the B�-Laws of the Baard of Zoning
Appeals in said section:
Articl.e II - Officers
1. The Aice-Pr�siden� of the Village Planning Commission shall be
a mcmber of th� Board of Zoning Appeals. Th� Chairman shall b�
el�ct�d from and by the members of th� Board of Zoning Appeals.
In�iis abs�nc�, t�ie Secretary shall call the meeting to ord�r
and �thos� memb�rs present shaZl elect a Chairman pro tem and
he sha11 assume the duties of the absent Chairman.
It was noted that a11 the corrections and ehanges sugg�sted at the February
11, 1969 me�ting hav� been entered. It was mov�d by Mort Silverman, s�conded
b�r ponald en, unanimousl,y carried to apprave the By-Laws as am�nded.
Ther b� g no rther business to come befor� the me�ting, it was on
motion, ly �co e , adjourr�ed at 1Oz30 P.M.
�,� � �, r--� ;,� _ �,
Robe Hoover, airman pro t�m o est a,ke, ecr�tary
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