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06-12-73 BZA Minutes c� � �t 1 I�INUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZOI�ING APPEAL5 JUNE 1?_, 1973 The regular meeti.ng of the Golden Valley Board of Zoning Appeals was held Tuesday, June 12, 1973, at 7:3C p.m. at the Golden Valley Civic Center. 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Walter Kost Mahlon Swedberg Mike Sell LeRoy �T. Anderson Mary And�rson Walter Kost, Chairman of the Board, presided and Jim Ingemunson acted as R��cording Secretary. The first order of business was the consideration of the minutes of the meeting of the Board held on May 8, 1973, copies of whi.ch had been dis- tri.buted to the Board. It was moved by Mahlon Swedberg, seconded by LeRoy Anderson carried unanimously, to approve the minutes of the meeting held on May 8, 1�73. The Chairman then brought before the meeti.r�g the following request for w�ivers: 73-5-�� 73�t� Country Club Drive (Map 17) Open & Residential Schuller�s Tavern The �etition is for the condi_tional waiver of Secti.on I�.O1 & 1J�.02 to allow the extension ov a non-conforming use and direct the Village Buildi.ng Department to grant a building permit and obtain a bond from the nroponent for constructi�n of the proposed parking lot and landscaping as approved by the Board of Zoning Appeals, the Bui_lding Board of Review, and the Village staff, and Village Council. Present to speak on behalf of Schullers was Mr. A. J. BerrPau, Arch�:��e�� also present were Kathyleen Reiser, and Donna Kuiper part owners of Schuller's Tavern. Also present were about 15 concerned residents from the surrounding nezghborhoo�i. MaY�bn Swedberg reviewed the Village Council meeting minutes of Niay 21, 1973, at which time Schullers were referred back to the B.Z.A. Mr. Berreau e�lained the most recent landscape plan, and indicated the type and size of the planting and the height of the berm on the East property line which is to have a finished ;;�ttled he�.ght- of ,32s . G� ,� Board of Zoning Anpeals June 12, 1973 The nei.ghtbors present looked at the proposed site plan, and commented on possible changes, to include more trees, wider separation a.nd fencing. After considerable discussion the proponent agreed to add 8 more �ver- greens to the site �lan. The Chairman than read ou� loud a list of speci.al conditions that would apply to the pronosed waiver. Mahlon �""wedberg motTe to approve the waiver as r�quested for the re- vised site plan dated June 12, 1373 with the condition that the list of gsneral conditions �repared b�r the Village staff be signed by Schullers and kept on file in the Village Buildin�; Department along with tr�e ini.tialed sifi,e �lan. The motion was seconed b�r LeRoJ Anderson and carried unanimousl,y. The Board also wished to note that enforcement, or the granting of minor variations in the ap�lication of the listed conditions would rest with th� Village Ir�spection Department. 73-.�-9 (Map 17) 65�.5 Country Club Drive M-� (Total Building Height 70'-Qr�) Erland Ekberg The petition is for the waivEr of Section I�.Od.� (C) for 62.2,5' off the required setback distar,ce on the South si.de of the proposed condominium to a set- back di stance of 1�2..7�' . Requir�d lf?5' . ~and si.miTarily for 2�' off the '�Test setback, and � z�.0' off the North setback. Reruired 70. ' and fc�r th� �aa;_ver of Section �.03 A for a waiver of the nFt area to allo� one additi.onal uni.t, to the maximum allowable of 11 units for a tatal of 12 living units. and for the waiver of Section 4.t��. B for 13.25' off the required landsca�ed area of 20" to a landscaped area on the South property line along Olson Highway of 6.75. ' and for 10' off required 35� on West side. and for 3.5� off reauired 35' on �,ast side. Dresent rec�uesting the wai.vers was Mr. Erland Ekberg, the �roperty owner, and the project architect. Also present was �Ir. Loom�_s of E�677 Olson H;..ghway a residential property owner. 2� � Board of Zoning Appeals Jua� I2, 1973 The board reviewed the past hi.story on the zoning of this lot to M-� in 1967, and the denial for waivers for a similar but taller buildi.ng at the March 13� 1973 B.Z.A. meeting. Mahlon Swedberg reviewed the action of the Council on April 16, 1973 regarding this project, and the Secretary explained that there were no wai.vers granted at the time of the rezoning to M-� in 196i. Mr. Loomis from 6677 Olson Highway was generally opposed to the plan presen�ed. The board discussed the zoning on the surrounding property, and the distance between the proposed buildi.ng, and the closest residential pro- perty South of Highway #55. Mahlon Swedberg moved to approve the wai.vers as requested, and it was seconded by LeR�� Anderson and so carried. 73-6-17 800 Winnetka Ave. N. (Map 16) Commercial House of R�ntal Dwight Sundeen The petition is for the waiver of Section S.Os B for 20' off the sideyard setback distance of 20' to a setback of 0' on the South property line. and for the waiver of Section 13.02 D for 10� off the requi�ed 10' landscaped area on the East property line, and for 10' off the required 10' landscaped area on the South property line. and for the waiver of SF�cti_on 13.01 for 9 spaces off the rec�uired number of oarking spaces of �3 for a total of 3!� parking spaces on the site, Present to request the waiver was Mr. Dwight Sundeen from the House of Rental. He described the proposed building and its' use as an equipment rental store. He claimed that there would be svme need for the outside storage of some trailers, etc. Mr. George Beck representing Miller Sales, the adjoining property to the South, was present and stated that they had no objection to th� pro- posed waivers. The board asked Mr. Sundeen if he was aware of the outside storage restrictions of the Village code, and he �aid that he wasn't: Mr. Anderson noted that even with the requested waivers, the pro- ponent might not be able to use the site as he plans. 2�� Board of Zoni.ng Apneals �u ne I2, 19�3 LeRoy And�r�an moved to defer this reauFSt until the next regular meeting of the board, s� that the praponent could �rovide a more detailed site plan, and a�prize himse�f of the requirements regulating outside storage. It was seconded by Mike Se�l and so carried. 73-6-18 950 TurrErs Crossroa� S. (Map 13) Light In�ustrial The Forster Company Dr. G. B. Gi.bbons The petition is for the waiver of Sec�ion 6.02 to a11ow a use not included in the i.ndustrial zoning category of an animal hospital in an in�ustri_al buildi.ng. Dr, G. B. Gibbons was �res�nt to request the waiver. He e�lain�d the use propos�d for the space he wished to lease. The secretary explained the proposed change in the parki.ng and �ic��e� ways for this site. Mike Sell moved to acce�t thE petition as requested provided that the building owner buil::d a 35! strip of landseaping along Turner's Crossroad ' which is the East propert� line of the site. It was seconed by LeRay Anderson and so carried. 73-E-19 11Q9 Zane Ave, N, (�ap 12) Light Industrial Nielsen, Stock & Blackburn, Ltd. Okens-Supreme} The �eti.ti.on i.s for the waiver of Section 5.0[ B for 10' off the required sideyard setback distance of 2Q' to a setback distancE of 1(?; from the pro�osed North property line to the pro�osed bui_lding addition only. Mr. Jim Nielsen, attorney for �kens-Supreme, was present to re�uest the variance for Qkens. Also present were several r�si.d�nts who live a�ong Trdelcome C�.rcle and Phoenix St. and whose property adjoins Lindsay's Industri_al Park. Mr. Nielsen sxplait�ed the proposed and future add:itions to the Oken's building, and their plans for using som� of the vacant land on the East side of Zane Ave. for a parking lot. Residents from 1109,I121,1129,1220 Ulelcome Circle, and 5E25 Phoenix St, spoke in opposition to any waivers being granted to ��e��s, unless there was an assurance of a 60' buffer strip maintained along the East side of the proposed parking lot, Mr. Nielsen stated that he would not be opposed to the �0' wi.dth, if he could be sure that the expansion of the Oken' s bui.lding would not be adversely effected by thE resulting lass af parking space. `� � � Board of Zoning Appeals June 12, 1973 The board then considered the specific waiver for the building setback on the North si.de of t�e Oken �roverty. It was noted that there is only one other sideyard variance in the area and that also is on the North side of Oken�s existing building. The board was concerned about setting precedence for other waivers in this industrial park. M�ilon Swedberg moved to deny the waiver as requested and it was second- ed by Mar�r �nderson. In the discussion of the question LeRoy Anclerson said that he would like to see the matter deferred so that the proponent could i.nvestigate further land acquisition and so that the staff and counci.l could work with the park- i.ng lot broblem. Mary Anderson withdrew her 2nd of the motion, and the motion died for lack of a 2nd. LeRoy Anderson moved to defer this item until the next regular meeting and it was seconded b� Mike Sell and so carried. 73-6-2o Golden Valley Road between Vermont & Winne�ka (Ma� 21) Commercial Super Valu The petition is for the waiver of Secti.on 13.01 for 31s1 spaces off the rer�uired number of 336 off street parking spaces, fro a total of 197 parking spaces on the site. Present requesting the variance were Mr. Sherm Quisberg, Manager of the Super Valu, and Mr. Howard Loomis from Super Valu,Inc. They described the proposed store and its site plan. The Chairman noted that there were some signatures missing from the application form under the category of neighbors notifi.cation and consent. The proponents were questioned concerni.ng the possibility of acquirin� more land for the store site, and alsa about the traffic pattern in the area, with particular concern for the intersec-tion of Maren Lane and Winnetka, Mahlon Swec3berg moved to fefer this matter for one month to give the proponents ti.me to consider the boar��� questions. It was seconed by Mary Andersor. and so carried. There being no further busi_ness to come before the board: it was on a motio� c�ily secor�d, adjourned at 1:00 A.M. � � , ��-���'�', �� `_ .�� Wal�l�er Kost, Chairman J mes ngemunso , Ac ing ecre ary