04-14-70 BZA Minutes /i� j 1
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MTNUTES OF A REGULAR �EETING OF THE
GOI,DEN VAI,LEY BOARD OF ZQNII�TG APPEALS
April I1�, 1970
The regular meeting of the Golden Va11ev Board of Zoning Appeals was held
Tu.esday, April 7�., 1970, a� ?�30 P.M, at the Golden Va11ey Civic Center,
7800 Golden Valley Road, Golden Valley, Minnesota,. The following Board members,
constituting a quorum, were present:
Joe Brawn
Donald E. Franzen
I7r. Robert R. Hoover
} Mahlon Swedberg (alternate)
Mr. James Ingemunson was present as Ac�ing Secr�tar�l.
Because of the absence of Chairman LeRoy W. Anderson, the Secretary opened
the meeting and asked for nominations for a Chairman pro tem.
Board member Swedberg nominated Board member Hoover for the position of
Chairman pro tem.
It was moved by Board member Franzen, seconcled by Board �ember Brown, and
carried unanimously, that nominations for Chairman pro tem be closed.
Board member Hoover was then elected to be Chairman pro tem by a unanimous
vote.
The next order of business was the consideration Qf the minutes of the
meeting of the Board held on March 10, 1970, copies of which had been distributed
to the Board. It was moved by Don Franzen, seconded by Mahlon Swedberg, carried
unanimously, to approve the minutes of the meeting held on March 10, 1970.
The Chairman then brought before the meeting the following requests for
waivers:
7o-t�-zo 1�.2� Rhode Tsland Ave. No. (13) Lester H. Eck
The petition is for the waiver of Section
3.12 (3) for t�� 11� to a separation distance between the proposed
addition to the rear of the existing residence and the
existing garage of 151 1". (Required 20� 0")
Lester H. Eck was present to make the request to the Board. Mr. Eck contended
that a hardship results from the narrowness of the 1ot and that it wauld be
impractical �o make the proposed addition s�na11 enough to fit within the require-
ments. Mr. Eck had obtained signatures of approval from three of the adjoinin�
neighbors.
The Board discussed the reasons fflr �he 20� separation requirement and the
, possibility that the requirement would be changed in the near future. The
Board also noted that a 3� waiver was granted on a double garage at 1017 Rhode
Island on Oc a�ber 1Lt, 1969.
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Baard of Zoning Appeals Apri1 1lt, 1970 Page 2
The Board then asked Mr, Eck if he would be greatly inconvenienced if
the Board were to delay a decision until the nex-� meeting, while examining the
possible upeoming changes in the 20t separation requiremen�, Mr. Eck stated
that he did have a builder waiting for th� Boardis decision.
It was moved by Mr. Swedberg to approve the request for l�� 11" to a
separation distance between the proposed addition, ta the rear of the existing
residence, and the existing garage of 1 ' I". It was duly seconded by
Mr, Franzen and carried unanimousl�.
70-1�-11 2301 Zealand Ave. No. (13) Wayn Roy Inc,
The petition is for the waiver of Section
3.07 (3a) for �/l� foot to a sideyard setback to ex_isting dwelling
of l� b/10 feet. (Required 1��)
Present to make the request were Mr. ��Tayn Johnson and Mr. Roy Joi�nson,
bath from wayn Roy 3nc.
The appea],ants pointed out that the house was �ust 2'� less than the ma.ximum
allowable on the lot, and that because of the di.ffici.zlty of maintazning reference
points on a construction site, the errar of placing the house �/10� too close
to the West property line occurred. Their hardship then comes frorn the extrem.e
cost of correcting the error of l�/10�. The appealants had obtained signatures
from the adjoining propert� owners giving consent for the waiver.
The Board then asked the appealants if they were not �'ully a�,�are of the
requirements for a foundation suxvey to be submitted to the Village Building
Dept. , and the appealants stated that they now clearl�T �anderstood that
requirement.
Board member Franzen MOVED to grant the waiver of 1�f10� to a sideyard
setback from the UJest property line to the existing dwelling of lI� 6�10t .
It was duly seconded by Mr. Brown and carrzed unanimausly,
7�-�-12 Golden Valley Shopping Center - Trach Properties, Inc. (Popcorn �dagon)
Hi�hway 55 and Winnetka Ave, No. Mrs. Charlotte E. Sunderlin
The petition is for the waiver of Section
13.02 Landscaped Areas of No Parking - required 35' of landscaping
(front yard)
l. for 35' of landscaping to a front yard landscaped area
of 0� off Winnetka Avenue (East propertv line) .
2. for 35' of landscaging tc� a front yard landscaped area
of 0� off Golden Valley Road (North property line) .
3. for 35' of landscaping to a front yard landscaped area
of O t off HighWay �#�5 (Sou th property line) ,
13.OI of 852 parking spaces ior a total of 1,212. Presentl,y on
this site there is a total of 360 parking spaces, (Total
parking required is 1,212, based upon 7� square feet of
floor area.)
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Board of Zoning Appeals April lJ�. 197� Page 3
Mr. Dave Trach and Mrs. Charlotte E. Sunderlin were present to make the
request for the waiver.
The appealants claimed that the proposed business would be located within
the arcade o�' the Go7_den Valley Shopping Center and it would operate from
about May lst through Decem�ier; and that during the months when it was not in
use, it would be removed from the shopping center. Nx. Trach also pointed ou.t
that the parking requirements in question were not in effect when the center
was �uilt.
Concerning the Popcorn Wagon itself, Mr. Trach pointed out that it would
occupy the space in the arcade on a month-to-month lease, and that he would
not allow the operation to continue if it became a source of uncontrollable litter.
The Board then discussed the nature of the Popcorn Wagon, as either being
a permanent or �tempoxar�T structure.
It was ��oved by ?�fr. Franzen, seconded b,y Mr. Brown, �hat it would be the
opinion of the Board that as long as the proposed Popcorn Wagon stayed within
the Golden Valley Shopping Center arcade and remained on wheels as indicated,
it would not be cons�dered to be a permanent strizcture or e�ansion of the
existing structure, nor would it be conszdered as outside storage; and, there-
fore would not require a waiver on existing substandard parking or landscaping.
The motion carried on a majority of 3 yeas and 1 na�r.
Chairman pro tem Hoover then pointed out that since Mrs. Sunderlin had been
asked to apply' for the waiver by the Council, and since the Board declared that
the waiver -was unnecessary�, then a refund of �he $50.00 filing fee may be in
order pending Council approval.
There e' g na further business to come before the meeting, it was on
motion, 1 sec d, adjourned at 10:00 P.M,
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Dr. Robert Hoover, Ch irman pro tem J'�fi Inge�nu�Acting Secretary
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