04-09-74 BZA Minutes �� �� .
MINUTES OF A REGULAR MEETING OF TNE
G�L�EN VALLEY BOARD OF ZONING APPEALS
APRIL 9, 1974
7he regular meeting of the Golden Valley Board of Zoning Appeals
was held Taesday April 9 1974 at 7:30 P.M. at the Golden Ualley Civic
Center, 7800 Golden Valley Road, Gotden Valley, Minnesota. The following
board members were present:
Walter Kost
Mahlon Swedberg
LeRoy Anderson
Mike Selt
The secretary opened the meeting and called for nominations for the
position of Chairman.
LeRoy Anderson nominated Mahlon Swedberg, and it raas seconded by Mike
Sell .
Walter Kost nominated LeRoy Anderson and it was seconded by Mahlon
Swedberg.
There being no further nominations, Walter Kost moved to close the
nominations, and call for a vote on the nominees. It was seconded by
Mike Sell .
LeRoy Anderson was elected Chairman.
LeRoy Anderson, the new Chairman of the Board, then presided and
Jim Ingemunson acted as recording secretary.
The next order of business was the consideration of the mihutes of
the meeting of the Board hetd on March 12, 197�+ eo ies of which had
been distributed to the Board. It was moved by Mahlon Swedberg, seconded
by Mike Sell , carried unanimously, to approve the minutes of the meeting
held on March 12, 1974.
The Chairman then broght before the meeting the following requ�sts
for waivers:
,��-4-4 2485 Winnetka Ave. No. (Map 19) Residential (Pendinq B � P0,_
A. J. Poppelaars
The petition is for the waiver of Section
10.04 for one additional story in height over the allowable
one story, to a total of two stories along the South
and East sides of the proposed medical office buitding
only.
and for the waiver of Section
10.05 for 7" off the required frontyard setback distance of
35' to a setback distance of 28' from the North end of
the East property line along Winnetka Ave. to the front
wall of the proposed medical office only.
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Board of Zoning Appeals
April 9, 197�
Present to request the variance was A. J. Popp�laars. Also present
were several interest�d property owners from the neighborhood.
The Chairman reviewed the application form and noted that the property
in question is presently zoned residentiat , and that the proposed use is
Busi�ess � Professional Office. The Board discussed this point and decided
that a deferral until the zoning matter is comptetely resolved woald be
most appropriate.
The Chairman then asked the other parties present for there comments
on this proposal .
Mr. C. J. Hoffstedt from 2450 Ualders Ave. N. suggested that the
matter of this zoning change be given more study regarding its' impact
on the residential property adjoining it.
Mr. 0. D. Zibley from 2480 Valders Ave. N. agreed with Mr. Hoffstedt
that this use of the property be given a thorough examination.
T� r�presentatives from the Golden Valley Cemetery Assvc3ation were
present. Mr. Bies and Mr. Messic; and they expressed their concerns about
the effect of the devetopment of this property on their adjoining cemetery.
Board member, Swedberg stated that the comments from the adjoining .
property owners strengthened the Board" s position for deferrat until the
zoning matter is resolved.
Mahlon Swedberg moved to defer item 74-4-4 until the zoning of this
property has been completely resolved. It was seconded by Mike Sell and
so carried.
�4-4-5 8401 Wayzata Blvd. (Map 23) Business & Prof. Office United Properties
The petition is for the waiver of Section
1 .03 to atlow rtxjre than one principle building on a single
lot of record.
Present to request the variance was Mr. Kenneth Stensby, from United
Properties, and an attorney, Mr. Bruce Odlaug.
In reviewing their petition the Board noted that the petitioner had
not obtained signatures from surrounding property owners. Mr. Stensby
said that it was their understanding of the application instructions, that
these signatures were optional rather tha� mandatory. The Board agreed
that the instruetion sheet isn't entirely clear on the matter of signatures,
but that the Board's policy was not to hear petitions where these signatures
had not been solicted by the petitioner.
To avoid a possible adverse decision, because of the lack of
signatures on the petition form, the appealant asked for a deferment
of this request until the signatures can be obtained.
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Board of Zoning Appeals
Aprii 9, 1974
Mahlon Swedberg moved to defer this matter until the next regalar
meeting in May, and it was seconded by Walter Kost and so carried.
Present as interested parties in the petition for 8401 Wayzata
Bivd. were Mr. Chris Cherches, City Manager, Mrs. Rose Marie Griak,
Councilwoman and Mr. Keith Meland, Councilrnan, all from St. Louis Park.
They expressed their concern for the effect of this dev�lopment on the
Westwood Lake Natare Center which adjoins the subject property to the
South, and they said they would return for the next meeting in May when
this matter will again be considered.
74-4-7 1560 Oreqon Ave. No. (Map 15) Residential ldick Loscheider
The petition is for the waiver of Section
3.07 (1 ) for 10' off the required 35' frontyard setback to
a setback of 25' from the West property line on
Oregon Ave. to the proposed singte family dwelling
only.
Mr. Nick Loscheider was present to request this variance and also
the similar variance for 1570 Oregon Ave. No.
The Board agreed to hear both this request and fihe waiver for 1570
Oregon Ave. No. at the same time. It was noted that this same waiver was
granted to the other two lots on the West side of this cul—de—sac last
year.
The Chairman examined the petition forms and found them satisfactory.
Mike Sell moved to grant the variance as requested for 1560 Oregon Ave. No.
and it was seconded by Walter Kost and so carried.
74-4-8 1570 Oreqeon Ave. No. (Map 15) Residentiat Nick Loscheider
The petition is for the waiver of Section
3.07 (1 ) for 10' off the required 35' frontyard setback
distance fio a setback of 25' from the West
property line on �regon Ave. No. to the proposed
single family dwelling only.
Walter Kost moved to approve the waiver as requested at 1570 Oregon
Ave. No. and it was seconded by Mahlon Swedberg and so carried.
71+-2-3 Medicine Lake Road & County Road #18 (Map 19) Commercial R. C. Ernst
The petition is for the waiver of Section
5.05 (B) for 18' off the required buitding setback of 50' and
for 13' off the required 25' landscaped areas to a
building setback of 32' and a landscape area of 12'
all along the East side of the proposed retail center
only.
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Board of Zoning Appeals
Aprit 9, 1974
Mr. Richard Ernst, Jr. appeared to request a hearing on the proposed
variance for a r�tail center at the corner of Medicine Lake Road and County
Road 18.
The Chairman reviewed this petition as it first appeared at the B.Z.A.
meeting in February, then again in March.; and finally at the Council Meeting
of April lst. At the Council Meeting, the petitioner wished to alter his
parking variance from the original request, and the Council referred him
back to the B.Z.A. The secretary added that notice has been given, and
that the application form was completed, and that the $50.00 filing fee
was waived by the Council while returning this matter to the B.Z.A.
The Board agreed to hear this petition and questioned the appeatant
on the revised plan. Mr. Ernst, Jr. stated that the building had been
shortened in length by 20' and that the space on the lower level that had
been called retail rental space was now called basement storage. These
two changes eliminate the need for a parking variance if the building set—
back and landscape variances are granted.
Present as interested parties were Mr. William Rademacher a tenant .
in the commercial property owned by Mr. Halseth, just to the West of the
subject property. Mr. Rademacher's attorney, spoke on his behalf, and
objected to the granting of the requested variances. The attorney's
opinion was that the appealant had not shown sufficient hardship to
justify a waiver of any kind.
in 'the Board's discussion, it wa_s felt that there should be a more
definite plan for the use of the lower level of the proposed retail center.
If it is, indeed, to be basement storage, there shouldn't be the
same doors and windows as were previously proposed when the space was
to be retail rental space.
Mahlon Sw�dberg moved to defer this item antil the next regular
meeting in May, so that Mr. Ernst, Sr. could be present to answer questions
on the basement storage, and the hardships involved in utitizing this site.
It was seconded by Walter Kost and so carried.
The final item to be discussed was the form for the appeal of B.Z.A.
denials to the City Council . The secretary explained that these appeals
hav� been inconsistent, and often provided poor background information to
fihe Councit . The Board agreed to give this matter some thought, and the
secretary offered to prepare some sample instructions and appeal forrns
for the Board's consideration at a future meeting.
There being no further business to come before the Board, it was on
a motion, duly seconded, adjourned at 10:00 P.M.
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LeRo Anderson, Chairrnan J me Ingemunso , Acting Secretary