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05-13-69 BZA Minutes 1U5 . R�GULAR MEE`i'ING OF THE GOLDEN VALLEY BOARD OF ZONING APP�ATS �ay 13, 1969 Th� regular meeting of the Golden Valley Board of Zc�ning Appeals was held Tuesday, May 13, 1969� at 7:30 P.M. at the Goldcn Valley Civic Center, 7800 Golden Va11cy Road, Golden Valley, Minnesota. Th� follo�r%ng Board members, constituting a quoru.ni, werc present: I,�Roy W, Anderson Dr. Robert R, Hoover Paul D, S�nstad NTorton D. Silverman 17�an W, Moran, an alternate member, was present. LeRo� W. Anderson, Chairman of the Board, pre�ided and Jon L. Westlake, Secret� of the Board of Zoning Appeals. acted as Secr�tary of the meetin.g. The first order of business was the consideration of th� minutcs of the meeti.ng of th� Bo�rd held on April 8, 1969, copics of which h�d b�en distributed to the Board, It was moved by Robert Hoover, seconded by Paul Senstad. and unanimously carried, to approve the mir�utes of the meeting held on April 8, I969. 2'hc Chairman thcn brought b�fore the meeting the foZlowing requests fQr waivcrs: 69-5-2 (69-I�-2) 6820 Kingston Circle (17) Gary C, Hoffma,n The petition is for �the waiver of Section 3.07 for 17� of a roposed residenee to a setback of 18� off the North Right of Way of the curveature of Kingston Circle. (Required 3��) The closest poi.nt is the overhang of thc open porch. 3.07 for 7� of a roposcd residence to a setback of 28� off the South Right of tnTay�'�ne-of t�ic scrvice drive of State Highw�y �5. Mr. Gaxy C. Hoffman pr�sented his request to the Board. The Board pointed out that the proponent �aas asking for a waiver off the arc of the cul de sac which moved his proposed home further back on wha� is defined as a "Lot �hrough��. This affec�s his s�tback off the North properi.y lin�. It was moved by Pau2 Senstad, seconded by Dean Moran. and unanimously carried to approve the request in accordance with thc Certificate of S�.rvey datcd A.pril 3�, 1969, revised by Schoell & Madson, Inc,, Engineer� & Surveyor� File No. 622l�70.52, which shows only �he proposed hous�. 3'his survey is marked Exhibit "A" in -�h� Building Departmcnt file, 69-5-15 3135 Lee Avenue N. (!�}: Burton T. Bell�son The petitibn is for the waiver of Section 3.07 for 5.9st of a ro osed addition to a sideyard setback o� 8.3� o:ff' �the So�th property line. The p�titioner asked to withdraw his request for further stue�. �. � �� Bo�rd of Zoning Appeals May 13, 1969 Pagc 2. 69-5-16 256� Byrd Av�nue �`. {1) Jt�hn G. Boemer The petition is for th� waiver of Section 3.07 for 2.2�i on an existing building to a front yard setb�ek of 32.7�i off B�rrd Avcnu�. Required 35r) 3.fl7 for 5.72� on an existing building to a sid�ysrd setback:af 8� off the South propert� 1.in�. Rec��a.ired 13,72 t} 3.�? �'or 3�' �f a proposed addition to a front ysrd setbaek of 0� of� �bth Avcnue N. R�quired 35') Mr:,: John G, Bo�mer e�alai.ned hi� requ�s� to th� Board. A motibn was moved by Pau1 Senstad, seconded by Dean Moran, unanimously carriea, to a,ppro�r� the follc�wing waiver of Section 3.�7 for 2.25t on the structure to � front yard setback of 32,7�� off Byrd Av�nue, 3.a7 �a�' S.?2' on the structure to a sideyard setback of $t off t,he Sauth property 1ine. 3•�? for 2b,1� on the structure and praposed addition to � �ron� �ard s�tback of 8.9� of� 2Eath Avenue N, At this point Board member Morton D. Silv�rman er�tered the m�eting, 69-5-17 b12� Wynnwood ftoad (11) Donald J. Scheunemann The peti�ion is for the waiver of S�ctifln 3.07 for 6� of a proposed double garage to a front ,yard setback of 2Q� off the NortTi property line, (Required 3��) Mr. Ik�nald J. Scheunemanri �.�plained to the Board his requcst. Dr. F. G. Moen was prescnt as an in�erested party. The Bnard revi�wed th� minut�s o�' this request which w�re h�ard on Dec, l�, 1968, Th� Board pointed out that du� ta the nature of the t�rrain of the parcel, the waiver as grantcd at �he I�e. 10, 1968 meeting did nc�t allow tYie propor�ent enough d�p�F,h in. the proposcd g�,rage. It was mov�d b� Dcan Mor�n, seconded by Paul Senstad, and carri�d to grant th� w�iver as rec�u.ested for thc garage only. Th� motion carricd with ?� yeas and 1 n�y. 69-�-18 $92,� Wayzata Bvulev�,rd (23} The Buhler Cflrporation Thc petition is �'or t�he waiver o� Section 13.(32 D f or �� a� �,andscaping to a sideyard landsc�pcd area of b� off the West prap�rty line. (Required 10t) 13.02 D for 15t of landscapi.ng to � front yard 2and5caped area of 24t. This r�quest is t� th� West of �he pr�s�nt strueture. (N,�quired 35� of landscaping) Mr. Richard �ar�son of the Buhler Gorporat�on presen�d the rcquest to thc Board. II�3rr. Swanson pointed Qut that mor� landscaping is b�ing provided than was previousl�r prescnted at �he March 11, 1969 Board �neeting. 1 � 7 Board of Zoning Appeals May 13, 1969 Page 3 A m4tion was moved b� Robcrt Hoover, seconded by Morton Silverman, and unanimousl.y carried, to grant the wainer of Section 13.02 D far 10� of 2�nd- scapix�g to a sidcyard landscaped arca of 0� off the West property linc. This area, of no landscaping would extend from 13�1 South of thc North property line to 371� South of �hc North property line, Th� second part of the r�qtae�t was d�nied by th� Board. 69-�-19 ?l� Mendelssohn Ave. (21) Northwestern B�1.1 Telephone Comp�ny fihe p�tition is for the waiver o�f Section S.OS B for 1t5.5� of a ro osed addition on the existing building to a rear yard set ac��, of thc East property line. (Required 50�) �.05 B for 20� of landscaping to a sideyard landscaped ar�a of 5r o:�f the South proper� lin�. Arca of no landscaping is lt0t East of the West property line to the East property line. (Requi.red 25 t) 5.05 B for 2�� of l�ndscpaing to a rear yard 1and�eaped arca of 0� off the East property line. (R�quired 2��) �.05 B for !�� of an existi.ng, building to a front yard setback of 31� off t�e North propertt�rr line. {Required 35' setback) 5.05 B for �� of a proposed extension to the East of the existing building to a front yard setback of 31t flff the North property line. (required 35' setback( 13.01 of 29 required ark spaces for a total of 13 required parking spaces, otal parking required is 1�2 spaces, based upon �.00 square feet of floor area) Messrs. Clete F. Dozark and Stan A. P�derson were pres�nt to �xplain thc r�ques� for North�restern Bell Telephone Company, Mr. Dozark stated they plan to purchase th� parcel directly to th� North of their pareel. 1rJhen this Iand is purchased, it �ri11 reduee the varianccs consid�rably. It was xnoved by Rc�bert Hoover, seconded by I3ean Moran. carried unanirnously� to recommend that the building permit be iss�a�d and that no �raivers be granted in order to l��,v� the building in a non-conforming status. �9-�-12 (69-�.-12) 5705 Duluth Street (11) Super valu Stores, Ine. The petition is for the waiv�r of Section � 13.flI for 6�.9 parking spaces to a total of 29�. parking �paces on the site. otal parki.ng required is 9l�3 spaces, based upon 75 sguarc fcet of floor area) 5.0� B for 20T of a proposed addi�ion to a present structur� to a sid�yard setback of 0� off the Narth property lin�. (Required 20� setback) 5.�5 � for 2�� of a rp oposed building to a sideyard setback of 25� off the South property 1ine. (Required S0� s�tback) , 13.02 for lOt of landscaping to a rear yard landscaped arca of 0� OFF the North property line. (�eclu.ired 10t of landscaping} �'his request is on the line which separates Tract A from Tract B. l �l � Board of Zoning App�als May 13, 1969 Page �. 1.03 Lot of R,�cord. In a11 of th� zoni.n� districts, every build- ing hereafter er�cted or stx�cturally alt�red shall bc locat�d on a separat� 1ot ar parcel of r�cord, and in na cas� shail th�re be mare than onc (1) principal building on an� one such 1flt or parc�l. 2he words "principal buildin�'r shall be given their cor,Qnan ordinary m�aning, and in the case of dotzbt or in any qu�stion of int�rpr�tati�n, the matt�r shall b� re�erred to the Gold�n Vall��r Board of Zaning Appeals. M�ssrs. Iioward B. Loomis, Jr. of Super Valu Stor�s, Inc. and Don Scmpl� of National Manag�m�nt and Consulting Corporation pres�nt�d tl�� r@quest. Th� propon�nts c�lain�d the �ropos�d 1a�out pl�an which �aould complcte thc shopping c�nter on Tract B R,Z.S. #�1239. A mation was moved by Rob�rt Hoover, s�conded by D�an Moran, unanimously carri�d, to d�ny Section 1.3,01 for b�.q parking spaces, and to dcf�r r'1C'I;101'1 on th� ather waiv�rs as list�d. �9-5-20 _6�f�0 Gold�n V�,II�y Raad (11) John H. Cross, Cross Gompanics Th� petition is for the waiv�r of 5ection l�.03 (c} for 6 �ncloscd g�rag� spac�s �or a tota;I af 87 enclosed �arag� spac�s. Requir�d numb�r of �ara�cs for this to�wn hous� d�v�lap��nt is 93) Mr. J. �TQSeph Carpent�r presentcd th� requcst for Cross Companies. The prapon�nt cxplai.n�d why -th�y are asking for the waiver on �nclos�d garag� spaces. Th� Bcsard noted that on the proponentfs building plans heprovided for , �1� garages, ane of �ahich was made into a utility room, lcaving a total of 93 as required by �he Ordinanc�. Qf the 9� garages, �wo are no� beir�g u��d as a utility room, �ro have been �urned a.ntv a recr�ation rao� and th��� ha v� bc�n deleted i;n making th� pres�nt garag�s larg�r. �.'he p�titioncr n€�r has a tot�1 of 87 garages on th� sit�. It was then moved by Paul S�nstad, seconded by �orton Silverman, to deny the requGSt. A1.1 members voted in favor of th� :z!otion �xcept Board Member Dean Maran who absta3.ned. 2"he motion carried. 69-�-21 6510 Sou�th Gortlawn Circl� (18} Barl�ley G. Qmans The pe�ition is ftir th� waiv�r flf Section 3.07 for 5 t of a ro�pase_,d� addition to � setback of 30� off the �ou�h R.ight of Way of 1Vorth Cortl��m Circle. (Required 3S�) . The t�aiver is #'or a pratruding corn�r in th� �iorth��st corner of the proposcd addition. 3.07 for l.$t of a propas�d garag� to � se�b�ck vf 33.2t off the North Right of Way of South Cortl.a�rn Circle. (Required 35�) I+�r. Barkle�r G. Qmans was present to e�lain his requ�st. The Board in discussing this r�qu�st pain-C-,�d out that this is a pi.e- sh�ped lot wi�h s�r�et frontag� on thr�e sid�s. �. � 9 Bc�ard of Zoning Appeal� May 13, 1969 Page � It was moved by� Morton Silvcrma.n, secon.ded by Dean �toran, unanimously carried, to approve the request for S�ction 3.07 of �t for a prapos�d addition to a setback of 30� off the South Right of Way of North Cortlawn Circle. This �aiver is far th� Northeast eorner of the proposed addition. The propo�ed addition is sho�,m in yellc�a an the plot plan a� drawn by Barkley G, Omans, Registered Civil Ehgineer �#5990 State of Minnesot,�. This plot plan is mark�d �hibit "A" May 13, 1969 in the Building D�partment file. It was then moved by Marton Silverman, seconded by .Dean Moran, unanimously carried, to deny the request for Section 3.0? for 1.8� of a prapased garage to � setback of 33.2 t off th� North Right of W�y of 5outh Cortlawi3. Circle. Th� Board. in denyimg this portion of the request noted a garage eould be constructed to conform ta the Ordinance. Thcre being no further business �o come b�fore th� meeting, it xas on mot�:�n dul�r seconded, adjourn�d at I0:�.5 p.m. � � � .-� (,� ;'�/ ,P�L I,c Anderso , C airman �6�es l�ke, ecretary r