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01-13-70 BZA Minutes � 35 MTNUTES OF A REGJLAR NiEETTNG OF THE GOLDEN VALZEY BOARD OF ZONTNG APPEALS JANITAR,Y 13. 197fl The regular meeting of �he Golden Va11ey Baord of Zoning Appeals was held Tuesda4y, January 13, 1970, at 7t30 P.M, at the Golden Va11ey Civic Center, 7800 Golden Va11ey Road, Golden Va11ey, Minneso�ta. - The following Board members, constitutin� a quorum, were present; LeRoy W. Anderson Donald E, Franzen Dr. Robert R, Hoover Paul D. Senstad r�orton D. Silverman ZeRoy W. Anderson, Chairman of the Braard, presided an.d Jon L. V�'estlake, Secretary� of the Board of Zoning Appeals, acted as Secretary of the meeting. Th� first order of business was the consideration of the minutes of the meeting of the Board held on December 9, 1969, copies of which had been distributed to the Board. It was moved by Paul Senstad, seconded by Robert Hoover, carried unanimousl�, to approve the minutes of the meeting held on December 9, 1969. 'I'he Chairman asked the Secretary� ta read the le�ter fror� the Village Manager which states that aIl Board members� terms were extended to April l, 197�. The Couneil took action on this matter at their December 15, 1469 meeting, The Chairman then brough-t before the meeting the following requests for waivers: 70-1-�0 (69-11-t�0) 800 Winnetka Ave. North (1b) Finnemann Enterprises, Tnc, (Golden West Steaks) The petition is for the waiver o.f Section 5.05 B for 251 on a proposed building to a sideyard setback of 251 off the North property line, (Required �Ot) 5.0� B for l0i of landscaping to a sideyard landscaped area of 0� 3ff the South prot�erty line. (R�quired 10t) �.05 B for 21.2t flf landscaping to a rear yard landscaped area of 3.8t off the East property line. (Required 25t) 13.01 for. 2 parking spaces to a total of �� parking spaces. (Required parking on the site zs 1.�b, based-upon 75' of floor area.) Messrs. J. R. Stockstead and Lee Labore and Mrs. Gloria Swanson were present to make the request to the Bc�ard. The Board in reviewing the request noted the plot plan did not coincide with. the survey, Mr. Stockstead asked to defer the request for further stud,y, It was th�n moved by Ftobert Hoover, seconded b�r ponald Fran.zen, carried unanimously, to grant a deferral. � �� � Board of Zoning Appeals January 13, 1970 page 2 69-12-l.�2 7505 Country Club Drive (17) Trevilla of Golden Valley (France Ave. Nursing Home) Leo Zaworski The petition is for the waiver of Section 11.03 That no buildin� shall be erected to exceed two and one-half stories in height. This request is on the Sou th side of the parcel off �th Ave, No. (proposed structure is !.� staries in neight) Messrs. Paul Pink of Gingold-Pink architecture and Bill C. Keifer of Skyline Builders Ine. presented the request to the Board. Mr. Steven Glowka and Mr. Philip Krelitz, pro�erty owners in the vicinity, were present as interested parties, The Board no�ed that the Ordinance states no building shall exceed t�ro and one-half stories in height. The Board also pointed out the petitioner is not requesting a waiver on the Nor�h side of the parcel but on the Svuth side off 5th Ave. North, which is the lower side. The request is on a lot through with street frontage on two sides and a substantial grade change between the two streets. It was moved by Morton Silverman, seconded 'oy Donald Franzen, carried unanimousl,y, to appxove the request for (1.�) frn�r stories on the South end of the . stx�u.cture on1y, which faces 5th Ave. No. It was then moved by Robert Hoover, seconded by Morton Silver7nan, unanimously carried, that a lan.dscaping screen or bu.ffer be placed between the building and 5th Ave. No, to provide a transition between �he structure and 5th Ave. 70-1-1 I.a00 Dalzota Ave. South (13) Bennie Rozman The petition is for the waiver of Section 3.07 (1) for 17� on a home under construc-tion to a front yard setback of 18� off the Southwest Right of Way of Bakota Ave, (Required 35�) Messrs. Julius M. Rivkin of Arkay Construction Company, and Bennie Rozman, owner of the praper�,�, were present to explain the request. A long discussion followed, from which the Boaxd noted the home is under construction on a corner 1ot where Dakota Avenue So. makes a right angle and extends East into Brunswick Avenue So. It was moved by Donald Franzen, seconded by Paul Senstad, n�t to grant a wazver of 17�, but to �ermit the existanc� of a nonconformin� use, specifically and only described on the Certi#'icate of Survey by Egan, Field & Nowak Building Location Survey dated llecember l, 1969 Fi1.e No. �773 Boak No. 1f31�0-21. This Certi�'icate of uurvey is marked Exhibit "A" in the Buildin� Department file. The motian carried with � yeas and 1 nay. � 1 �3 7 Board of Zoning Appeals Jarnzary 13. 197� page 3 70-1-2 701 North Li1ac Drive (12) G. H. Tennant Co, Th.e petitian is for the waiver of Secti�n 7.051 Zoading and Parking Areas. Tn no case shall loading or unloading berths or areas be sztua�ed on th� street side of an,y building. (Loading area is to the East of Zone Avernze) Mr. Thomas L. Larson presented the requ.est for Tennant CompanJ, Mr. Larson e�lained that the 12t high �oll to th� East of Zane Avenue containing trees and shrubs wi11 remain to sereen the loadin.g areas from. Zane Ave, The Board noted the dock area is entirely enelosed with the exception of one loading area. The area enclosed is approximately 225� from Zane Avenue. Also, the screen.ing as provided by the landscaping will remain. It was then moved by Donald Franzen, seconded by Morton Silverman, unanimously carriedK to approve the request for this particular addition known as Phase 2 on th.e plot plan dated Nove�ber 10, 1969 b,y Setter Leach and Li.ndstrom Tnc., Architeets & Engineers. 70-1-3 7600 Olson Memorial Highway (17) Kentucky Fried Chicken Corporation � Fish & Chips The petition is for the waiver of Section 5.05 .A for �.t of landscaping to a front yard landscaped area of 31� on a pro�ruding corner on the Southwest area of this parcel. (Required 35t) - .5.05 B for lOt of landscaping to a side�ard landscaped area of Or off the West propert�r line. (Required lOr) 1.03 Lot of Record. Tn all of the zoning districts, every building hereafter erected or s-�ruc�urally altered shall be located on a separa�e lot or parcel of record, and in no case shall there be more than one (I) principaZ buzldino on any one such 1ot or parcel. The words "principal building�� shall be given their common ordinary meanin�, and in the case of dou.bt or in any question of interpretation, the matter shall be referred to the Golden Va11ey Board of Zoning Appeals, Dwayne F. Phillips of Fish & Chips, Donavan C, Clift of Kentucky Fried Chicken Corp,, Philip J. Krelitz, owner of the property, and Ronald Backes of Vo1p Cvnstrnction Company presented the requsst to the Board. The Board pointed out �he landscaping waiver as requested would a11ow for contiguous parking with Valley Plaza Shopping Center. Also, the request for landscaping on the front yard is in the Northwest corner of the required 35� of landscaping, Zt was moved by Robert Hoover, seconded by Paul Senstad, carried unanimously, ta approve Sec�ion 5.05 A and Section 5.�5 B for landscaping onl�r. It was then moved by Robert Hoover, seconded by Paul Senstad, unanimously carried, to � 1 � �� � Board of Zoning Appeals January� 13, 197� Page 1� reconsidex the above motion because the proposed layout plan is on 2 parcels of ground. A motion was then moved by Donald �'ranzen, seconded by Pau1 Senstad to resind the motion granting a waiver of landscaping af Section .�.05 A and Section 5.0� B of the Zoning Code, The motion carried with �. yeas and 1 nay. A motion was then moved by Robert Hoover, seconded by Morton Silverman, to �rant a waiver of Sections: 5.�5 A f'or �.i of landscapin�; to a front yard landscaped area of 31� on a protruding corner on the Southwest area of this parcel. As shown. on the plot plan dated December 2�, 1969 marked E�hibit "A" in the Building D�partment file. (Required 35') �.05 B for 10� of landscaping to a sideyard Iandscaped area of Ot off the West propert.y line. (Required 10�) Th�se two waivers are granted with the condition that Lot 9 Block 2 Cottag� Grove is combined wi�h Lots 10, 11. 12„ and 13 Block 2 CQtta�e Grove as shown on the plot plan. The motion carried unanimously. A motion was then moved by Robert Hoover, seconded by Pau 1 Senstad, unanimously carried, to deny� the waiver for Section 1.03 of the Zoning Code for two buildings on a separate lot or parcel of record. 70-1-1� 7800 Golden Valley Road (16} Villag�; of Golden Va11ey The petition is for the waiver of Section 11.06 for lOt on a proposed utility building to a sideyard set- back of 20t off the �r7est property line. (Required 30�} Mr. Irwin H. Kilstofte of Kilstofte and Vosejpka, Inc. Architeets Planners was n.ot present for the request. In view of �his, the Secretary asked to step down and explain the request to thE Board. Z'he Board noted that this request will place the building farther away from the residential development to the East and also a11ow for a larger green area, than what is required by Ordinance, to the �tiest, It was rnoved by Rc�bert Hoover, seconded by Paul Senstad to approve the request, A11 members voted in favor o�" the motion except Board member Morton Silverman, who abstained. The motion carried. There being no further business to eome before the meeting, it was on motion, duly seconded, adjourned at 1I:35 P.M. � � '� _ � � �- ,� � -� . eRoy Ande son, Chairman Westlakea cretary