07-14-70 BZA Minutes 8
MINUTES OF A REGULAR. MEETING QF THE
GOLD�'N VALLEY BOARD OF ZOIdING APPEALS
JULY 11t, 197�
2he regu7.ar meeting of the Golden Valley Board of 2oning Appeals was held
Tuesday, July 14, 197Q, at 7:30 P.M, at the Golden Valley Civic Center,
7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members,
constituting a quorum, wera presents
�3r. Robert R. Hoover
LeRoy Anderson
l�onald �. Franzen
Mahl.on Swedbarg (alternate)
Mary Johnston (alternate)
Mr. James Ingemunson was present as Acting Secretary.
The first order of business was the consideration of th.e minutes of the
meeting of the Board held on June 9, 1970, copies of which had been distributed
to the Board. It was moved by Anderson, seconded by Mahlon Swedberg, carried
unanimously, to approve the minutes of the meeting held on June 9, 1970.
The Chairman then brought before the meeting the following requests for
waiverst
70-7-20 508 Indiana Ave. N. - Lots 127 & 128, Glenwood (map 8) E. Allan Otto
As requested by the June 9, 1970 Board of Zoning Appeals, Mr. Otto presented
copies of a certified survey of his property showing the location of the existing
house and the addition currently under construction.
The Board examined the survey and found it to be in compliance with the
decision made on June 9, 1970 by the Board. The survey was then accepted, there-
by making the waivers granted for this property on June 9, 1970 final.
70-8-21 3301 Quail Ave. North - pt. of Lot 9, Yale Garden Hames (map 3)
Robert Widholm
The petition is for the waiver of Section
3.07 (3a) for 2'' off the required sideyard setback of 15' to a sideyard
setback of 13' between the North property line and the
existing dwelling only.
Mr. John Polymeros of the Sussel Co. was present to represent the owner,
Robert Widho2m.
It was shown that the house was built in 1952 by S. C. Adkinson and that
the sideyard setback error occurred at that time.
LeRo� Anderson moved to accept the waiver of 2� off the required sideyard
setback distance of 15� to a sideyard setback distance of 13' between the North
property line and the existing dwelling only.
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Board of Zoning Appeals July 11�, 1970 page 2
The Board then informed the appealant that since the proposed attached
garage wot�l.d be closer to the existing detached gara�e than the Code allows, it
would be necessary to either remove the existi.ng garage or request a waiver of
the separation distance between the two.
Mr. Polymeros stated that the owner wished to remove the e�.sting garage
as soon as the contents were moved into the new garage.
70-8-22 1700 Quebec Ave. N. - Lot 19, Block !�, Val Wood (map 15) T. Edwin Farrell
The petition is for the waiver of Section
3•�7 (3a) for .5� off the required sideyard setback of 15' to a
sideyard setback of 1lt.5' from the South property line
to the existing dwelling only.
Dr. Farrell was present to make the request for the waiver.
The h.ouse was built in 1965 by R. H. Dahl and the error in placement wasn�t
, discovered until the owner applied for a building permit to add a bedroom and
library. The pending addition meets the Code.
Mr. Anderson moved to accept the waiver of .5� off the required sideyard
setback of 15� to a sideyaxd setback of 11�.5� from the South property line to
the existing building only.
70-8-23 1lt12 Hi].lsboro Ave. N. - Lot 22, Block 7, The First Addition to Lakeview
Heights (map 20) Earl Wilson
The petition is for the waiver of Section .
, 3.07 (1) for 11� off the front yard setback distance of 3�! to a -
front yard setback of 24� from the North property line
to the proposed dwelling only.
Earl Wilson was present to make the request for the waiver.
The Board discussed past decisions on setback variances for the narrow corner
lots in Lakeview Heights and it was felt that the proposed dwel�.ing would be
within the limits of past decisions.
Mr. Franzen then moved to accept the waiver of 11� off the required front
yard setback of 35' to a setback distance of 21�� from the North property line to
the existing dwelling only. It was seconded by Mahlon Swedberg and carried
unanimously.
70-8-21� 1lt13 Gettysburg Ave. N. - Lot 1, Block 7, The First Addition to Lakeview
Heights (map 20) Delaney Bros. Construction, Inc.
Mr. Delaney was present to make the request for the waiver.
The Board recognized the fact that this petition was identical to the one
just granted for 11112 Hillsboro Ave. N.
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Board of Zoning Appeals July 1l�, 1970 page 3
It was moved by Mr. Swedberg, seconded by Mr. Franzen, and carried unanimously,
to accept the petition for 11� off the required front yard setback distance of
35' to a setback distance of 24� from the North property l.ine to the proposed
dwelling on1y.
70-8-25 90fl1 Galden Valley Road (map 22} Rc>bert Brenny
The petition is for the waiver of Seetion
5.0� A for 9� off the required setback distance of 35� to a setback
of 26� from the North property line to the propased building
and parking area.
5,05 for a minimum of 2� and a maximum of 31' off the required
35' setback distance to a setback distance of 33' to !t� from
the South property line to the Southwest corner of the proposed
building, and the Southeast corner af the proposed parking axea
respectively. To be shown on plat plan filed with the Village
Building I�partment.
5.05 B for 10� off the required sideyard setback of 20t to a setback
distance of 10� from the West property line to the proposed
building only.
All waivers being considered for this address are pending the acquisition
of one half the vacated Ensign Aven�e.
Mr. Robert Brenny of Premier Realty was present to make the request for
the waivers.
Mr. Brenny described the proposed plan as it relates to the site and the
surrounding area. He also presented a letter of intent from the Black and Decker
Cc�mpany. He then explained that because of the small size of the site, and the
round about access to Highway 55, the site is not suited for a commercial use as
zoned and that the building proposed would be the best use for the property.
He also stated that P�em�er. Realty, with i-ts large inv�stment just across
Golden Valley $oad, was interested in seeing this site improved.
The Board then explained its obligation to recognize the site in question
as it is zoned. The Board felt that an application for rezoning or a specia3.
use permit when such a permi.t is available' would be better than waiving
several of the Code requirements.
Mr. Brenny e�ressed his preference for a decision from the Board.
Mr. �nderson moved to deny the petition as proposed. It was seconded by
Mr. Franzen and carried unanimously.
70-8-26 190d Maryland. Ave. N. - Lot 16, Block 3, DeColats Wildwood F�tates
(map 11t) Boran Builders, Inc.
The pe�ition is for the waiver of Section
3.07 (1) for t�.6� aff the required front yard setback of 35� to a
setback distance of 30,Ltt from Maryland �.ve. to the existing
structure only, and for l� off the required front yard set-
back of 35' to a setback distance of 31�' from Duluth Street
to the existing strueture only.
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Board of Zoning Appeals July 11t, 1970 page L�
Mr. Bo�ain was present to make the request for the waiver, and Mr. �eCola
wa5 present as an interested party..
Mr. Boran pointed out the difficulty in putting a house on a lot having
35' setbacks on three sides. He explained the errors that occurred causing
the house to be misplaced.
The Board then diseussed the errors in question. It was pointed out that
contractors, in general, should be more cautious in the placement of buildings
when they are building the maximum size allowable on a given site.
The petition was then considered as two parts.
Mahlon Swedberg moved to grant the waiver of l�.6� off the required front
yard setback distance of 3�� to a setback distance o.£ 3�.4� f'rom the Maryland
Ave. cul de sac to the exi.sting dwelling only. It was seconded by Mary Johnston
and carried unanimously.
Mr. Swedberg then moved to grant the waiver of l� off the required frontyard
setback distance of 3s� to a setback distance of 31t� from Duluth Street to the
existing structure only, seconded by Franzen, carried with 3 yea, 2 nay.
70-8-27 1316 Hillsboro Avenue rt. - Lot 16, Block 7, The First Addition to Lakeview
Heights (map 20) West Suburban Builders
The petition is for the waiver of Section
3.07 (3c) for 1.9j off the required sideyard setback of 12� to a
setback distance of 10.1' from the South property line to
the existing partia].ly completed foundation only.
Mr. Earl Wilson was present to make the request for the waiver.
Mr. Wilson explained th,at he had in the past moved foundation wa11s when
they were incorrectly plaeed; but in this case, since the structure is on
eompacted fill, the whole founda�ion would have to be removed and replaced.
The Board then discussed the nature of the error, and it was pointed out
that Mr. Wilson had taken extra precautions to avoid the mistake that did occur.
Nir. Franzen then moved to accept the waiver of 1.9' off the required side-
yard setback distance of 12� to a setback distance of 10.1� from the South
property line to the existing foundation only. It was seconded by Mahlon Swedberg
and carried with 3 yea, 1 nay, and 1 abstension.
69-12-lt2 7505 Countr�r Club Drive - Golden Valley Rest Home (ma� 17) Skyline Bldrs.
SUBJECT: Revie�w
Mr. Keefer and Mr. Pink were present to speak on behalf of Skyline Bldrs.
A lengthy discussion of the January 13, 1970 Board of Zoning Appeals
meeting followed.
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Board of Zoning Appeals July 11t, 1970 page 5
It was the conclusion of the Board to present their opinion in the form of a
letter to the next Village Council meeting. Une or more members of the Board
would also attend the Council meeting to answer any question the Cot�ncil might
have concerning the waiver given to Skyline Builders on January 13, 1970.
As a matter of record, Chairman Hoover then wished to remind the Village
Building �epartment to emphasize the statement on the building permit application
that requires a l.acation survey on any new construction.
There� being no fur#.l�er business to come before the meeting, it was on
motion, duly 'sq�onde�:, �djo�zrned at 11:30 P.M.
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Dr. Robert oover, Ch.airman � es Sngem on, Acting Secretary