05-12-70 BZA Minutes � 49
MTN(TTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZQNTNG APPEALS
MAY 12, 1970
The regular meet�n� of the Golden Valley Board of Zoning Appeals was
held Tuesday, May 12, 197�, at 7:30 P.M. at the Golden Valley Civic Center,
7800 Golden Va11ey Road Golden Valley, Minnesota, The following Board
members, constitu ting a quorum, were present;
Mort Silverman
LeRoy Anderson
Donald E. Franzen
Dr. Robert R. Hoouer
Lowell Swanson (alternate)
Mr. James Tngemunson �ras present as Acting Secretary.
The Secretary opened the mee-�iizg with the first order of business being
the nomina�ion and elec-tion of Chairman.
The Secre�ary called .for nominations for the positifln of Chairman,
LeRoy Anderson nomi.�ated Robert Hoover, and that nomination was seconded
by Don Franzen.
Mort Silverman moved that nominatioils be closed and that the Secretary
cast a unanimous ballot for Dr. Hoovar. The motion was seconded by Lowell
Swansan and carried unanimously.
Th� Secretary then cast a unanimous ballot for Dr, Hoover as Chairman,
The next order of business was the consideration of the minutes of the
meeting of the Board held on April 1l.�, 1970, copies of which had been dis-
tributed to the Board. It was moved by Don Franzen seconded by LeRoy Anderson,
carried unanimou�l,y, to approve the minutes af the meeting held on April 1�, 1970.
The Chairman then brought before the meeting the following requests for
waivers:
70-5-13 811 Rhode Island Ave. N. (map 13) A11an Raymond
�'he petition is for the waiver of Section
3.12 {1) �'or 11�� off the required separation distance of 20�
to a separation distance of 6� between the existing
dwellzng and the proposed double detached garage.
Mr. Allan Raymond was present to present the request to the Board. Also
present as an interested party was his neighhor, Mr, George Mokler.
Mr. Raymond stated his reasons for makin� the request as follaws:
1. His preference for the overall appearance of the proper-ty
as created by his plan.
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Board of Zonin� Appeals May I2, 1970 Page 2
2. Locat�ing the garage at the rear of the lo� would require the
removal of a large tree and may require excavation on �he
garage site.
3. Placing the garage in the proposed location would be most
convenient to the owner�s use.
The Board then discussed the items Mr. Raymond mentioned.
Dr. Hoover then explained to the appealant that the Board was obli�ated
to grant waivers in the instance of real hardship due to �he propertv itself
and not merel,y inconvenience for the owner.
LeRoy Anderson moved to deny the waiver and Mort Silverman seconded.
The Chairman. then called for ar�,y further discussion and the appealant
requested a postponement of his petition until a f`uture meeting so that he
could alter his pZans.
Mr. Anderson moved to withdraw his previous motion and grant a postponement.
It was seconded by Mort Silverman and carried unanimously.
?�-,5-11� 15�.8 Rhode Island Ave. N. (map 15) Terry Burns
The petition is for the waiver of Section
3.07 (1) for 9.3� off the required front yard setback distance of
35' to a frontyard setback distance of 25.7t to the
proposed double attached garage.
Terry Burns was present to make his request for the waiver. He,,pointed out
the existence of a similar waiver at the �ropertv directly to the Wst of his
property.
The Board agreed that there were ather homes on Qlympia S�reet with setback
waivers. But the Board was conderned that they did not have exact inf�rma�ion
on these other locations. They also expressed concern about the future of
Olympia Street as a thorough fare. It was also �ointed out by the Board i.hat
the proposed gara�e c�uld be built in line taith existing structure and thereby
eliminate the need for a waiver.
Mr, Burns indicated his preference for a decision, at the present meeting.
ZeRoy A.ndersan moved to deny the waiver, Zt was seconded by Donald Franzen
and carried unanimously.
70-5-1� Lt321 Avondale Road (map 13) Mr. & Mrs. Si Weisman
The petition is for the waiver of Section
3.07 (1) for 3t off the required 35' setback 32� from Avondale
Road to a praposed porch, and for 2t off the required
3�' setback to 33' from Avonda7.e Road for a proposed
fireplace. Also for 2� off the required 35' setback
to 33� from Douglas Ave. to a cantilever on the South
side of proposed dwelling.
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Board of Zoning Appeals May 12, 1970 Page 3
Mr. Si Weisman and his builder, Myron Kjos, were present to make the
request for the waiver.
Mr. Myron Kjos presented the proposed plan to the Board,
The Board pointed out that the cantilever on the Douglas Avenue side of
�he structure is a bay window and does not require a waiver.
After further discussion the appealant agreed to move the proposed dwelling
far enough to the west to eliminate the need for a waiv�r of the setback distance
from .Avondale Road to a proposed fireplace projection. The only waiver then
needed would be for 2� from the distance between the proposed porch and Avonc�le
Road.
Mr. Anderson then moved to grant a waiver of 2� off the required setback
distance of 35� to a setback distance of 33� between Avondale Road and the
proposed porch. It was duly seconded by Mr, Swanson and carried unanimously.
70-5-16 15Q1 F1ag Ave. (map 13) Ear1 'vJilson
The petition is �'or the waiver of Section
3.07 (1) for 30i off the required setback distance of 35� to a
setback from the existing right of way for Winsdale �treet
of 5t to the proposed buil.ding site.
Mr. Ea,rl Wilsan was present to make the request to the Board.
Mr. Wilson pointed out that the grade of the subject lot was so steep that
it made a �zexy difficult building site, and the proposed waiver would allow
more �oom to build on the best part of the 1ot.
The Board then discussed the difficul�y caused by the steep grade. They
also ctiscussed the nature of se-tback in its relation to the proposed extension
of UTinsdale Street. Tf Winsdale were to be vacated the setback requirements
would change. It was felt by the Board that more definite information was
needed in reference to the vacation of Winsdale Street. The appeal.ant agreed
to discuss the matter further with the Village staff.
Dr. Hoover then moved to defer the request far the.waiver until the next
regular meeting so that more information would be obtained, It was du1,y seconded
by Mr. Silverman and carried u.naninously.
70-5-17 6950 Wayzata Boulevard (map 18) Hoben Properties. Inc.
The petition is for the waiver of Section
7.0� for 5.33� over the maximum height allowed of �0� to a
height of l�5.33' on the proposed four-story office building.
13.01 for 96 parking spaces off the requ.ired 352 (1/150 S.F,)
spaces to a rem.ainder of 256 spaces for the proposed
66 x 200 four-s�ory office building,
5.05 for 15� off the required green area of 35' to 20t along
Market Street from the Northeast corner and 22p� �Jest, and
along Jersey Street from Northeast corner and 150� South.
Also along Highway 12 service road.
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Board of Zoning Appeals Ma� 12� 1970 Page !�
5.0� (B) for lOt of green area off the required 10� to Or of
green area alon� the adjaining north and west property line
of exis-�ing Pancake House.
Mr. James Hoben was present to make the rec�uest to the Board.
Mr. Hoben presented plans and described the proposed building.
The Board then discussed at length all the waivers reques-�ed on height,
parking spaces, and green areas. Dr. I�oover pointed out that a waiver must be
based on a hardship far the land and not the expressed plans of the developer.
Mr. Anderson. moved to deny the request, and Mr. Franzen seconded the motion.
The Cha3rman then called for any further discussi�n,
The appealant requested informatzon on the dates of future Council and
Board of Zoning Appeals meetings. He then requested a withdrawal of his petition
until the next regular Board �f Zoning Appeals meeting so that he could re-examine
his plans.
Mr. Anderson witk�drew his farmer motion and moved to d�fer the petition
until the ne�t reo larly scheduled meeting. It was duly seconded by Mr. Franzen
and carried unani�nausly.
There bei no fur r business to come be.�are the meetir�g, it was on motion,
duly secon d adjo n at 11:00 P,M.
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Dr. Robert Hoover, Chairma �J'm Ingemun n, .Actin� Secretary�
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