05-14-74 BZA Minutes 2�-� �
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
MAY 14, 1974
The regular meeting of the Golden Valley Board of Zoning Appeats
was held Tuesday, May 14, 1974 at 7:30 P.M. at the Golden Valley Civic
G�nter, 780� Gotden Valley Road, Golden Valley, Minnesota. The following
Board members were present:
LeRoy Anderson
Walter Kost
hlahlon Swedberg
Mike Sell
Ron Edstrom
LeRoy Anderson, Chairman of the Board, presided and Jim Ingemunson
acted as recording secretary.
The first order of business was the consideration of the minutes of
the meeting of fihe Board held on April 9, 197�+� copies of which had been
distributed to the 8oard. It was moved by Mahlon Swedberg, secor+ded b�
Mike Sell , carried unanimously, to approve the minutes of the meeting
held on April 9, 1974.
74-2-� 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 building setbaek of 50' and
for 13' off the required 25' tandscaped areas to a
building setback of 32' and a landscape area of 12"
all along the East side of the proposed retail center
only.
Present to request the variance was Mr. Richard Ernst, Sr. owner of
the property involved. Mr. Ernst presented his latest site plan and
elevation for the property afi 9235 Medicine Lake Road. He explained that
this building is now 25' shorter than the last proposal , and that the
lower level is to be basement storage for now and until such time as the
City parking ordinances might allow the space to be used for commercial
purposes.
Present to peak in opposition to the variance was an attorney, Mr.
David Sellergren, who spoke for Mr. Radermacher, a tenant .in :the commercial
property to the West of the subject. It was his opinion that there is not
sufficient cause for a variance, and tMat there rnay be need for a waiver
of the off street parking requirements, depending Qn how the City inter-
prets the use of the lower level space.
The Chairman noted that the petitioner is now asking for only the
East side setback and landscape variance and that the lower level parking
requirements would be determined by staff descisions, or futeare B.Z.A.
action.
Walter Kost stated that in his opinion, this site, while not a perfect
waiver situation, contained enough elements to warrant approval of this
variance.
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Board of Zoning Appeals
May 14, 1974
Walter Kost moved to granfi the variance as requested for the East
sideyard and landscape variance with the formerly diseussed condition
of privacy fencing on the East property line. Mike Selt seconded the
motion.
Mahlon Swedberg stat�d in the discussion of the motion, that he wasn't
satisfied with the basement or lower level interpretation.
LeRoy Anderson again reminded the Board that the question was on the
building setback and tandscape and that the parking question remained
for possible future action.
There being no further discussion, the Chairman asked for a roll
call vote.
Walter Kost Aye
Mike Sell Aye
Ron Edstrom Nye
Mahlon Swedberg Nye
LeRoy Anderson Nye
The motion to approve the variance failed to carry on the 3 to 2 vote.
71+—b-5 8401 Wayzata Blvd. (Map 23) Business & Prof. Office United Properties
The petition is for the waiver of Section
1 .03 to allow more than one principte building on a single
lot of record.
Present speaking for the variance was a Uice President of United
Properties, Mr. Ken Stensby. H� made a presentation of the original
site plan with five intereonnected buildings and the present layout
with four separate buildings. He also summarized the history of the
site and the former proposal for a P.U.D. consisting of one eight story
and one 5 story building with a connecting parking structure. That
project had consisted of 210,000 sq. ft. of office space, whereas the
present proposal has 120,00� sq. ft. ,in total .
Mr. Stensby also explained that the new four building configuration
is the result of a reduction in the size of the site by the St. Louis Park
condemnation of the southern edge of the property. This new building lay—
out makes it impractical to connect the buildings as was formerly proposed.
Speaking in opposition to the variance was assistant City Manager
from St. Louis Park, Mr. Jim Miceli . He described the history of the
proposed nature center that adjoins this project on the South side. Also,
present to support Mr. Miceli 's comments were Mrs. Rosemary Griak and
Mr. Keith Meland, council members from St. Louis Park.
In general the opposition felt that this development eould cause
irreveribte damage to the quality of the environment in the adjoining
nature center.
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Board of Zoning Appeals
May 14, 1974
Another adjoining property owner was Mr. Robert Sutherland from
100 Wisconsin Ave. So. He was in favor of the proposed office park.
Mahlon Swedberg rrroved to grant the variance allowing more than one
building on this site in accordance with the site plan on file in the
Village Inspection Department and marked Exhibit ''A" and provided that
the buildings confirm to all other city codes. It was seconded by
Walter Kost and passed with a vote of 4 aye and 1 nye.
75-5-9 9200 Wayzata Blvd. (Map 23) Industrial General Mills
The petition is for the waiver of Section
7.�4 for 128.33' in addition to the altowabte height of 40'
to a total building height of 168.33' from grade to the
top af the elevator penthouse on the West side of the
propased West wing addition.
Dr. Haun, a vice president of General Milts was present to request
the variance. He presented site plans and elevations of the proposed a
addition, and reviewed the background of the decision which led up to
the present proposal . Also present,from General Mills,were Richard L.
Johnson, Leo Riconda and Art Born.
There were no parties present to speak in opposition to the proposed
variance.
The 9oard then questioned Dr. Haun on the soil tests made on the
site, and about possible alternatives in adding office space. It was
indicated that there would be costly soil correction needed on any oth�r
part of the site except directly in front of the main entrance of the
present office, and that construction there was ruled out for aesthetic
reasons.
The waiver that was given in 1964 was also reviewed, and it was
agreed that the variance granted then has since expired. It was also noted
that the new request covers all the building height from the West wall
which is the tallest elevation from the grade to top of penthouse.
Mike Sell stated that inasmuch as the soil conditions warrant,
and the original waiver in 1964 allowed a scabstantial investment to be
made, he woatd move to grant the variance as requested. It was seconded
by Ron Edstrom and carried unanimously.
7�+-5-10 710 Mendelssohn Ave. No. (Map 21 ) Industrial NW Bell Telephone Co.
The petition is for the waiver of Section
1 .03 to allow two principle buildings on the same lot or record
as shown on the proposed site plan marked ''Exhibit A" and
kept on file with the City Inspection Department.
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Board of Zoning Appeals
May 14, 1974
and for waiver of Section
5.058 for 13' off the required 50' setback distance and for
10' off the required 25' landscaped area to a building
setback of 37 ' and a landscaped area of 15' respectively,
all from the proposed new st� age garage to the So�ath
property line only.
and for the waiver of Section
5.058 for 15' off the required 25' landscaped area to a land—
scaped area of 10' along the Westerly most East line of
the s�ab ject property.
and for waiver of Section
5.05B for 17' off the required 25' landscaped area to a green
area of 8' along the Southerly most property line only.
and for waiver of Section
5.OSB for 15' off the required 50' building setback distance
to a setback distance of 35' from the existing building
to the South property line only.
Present to request the variance was Mr. Bob Peterson from Northwestern
Bell Telephone Co. and architect, Mr. Gary Paulson. They presented the site
plan for the property at 710 Mendelssohn Ave.
There were no other interested parties present.
The Board reviewed the request for a variance in 19b9, and they
compared the situation then to the present proposal . It was noted that
the phone company now has more land to work with, and it was felt that the
number of waivers needed could be reduced by some additional planning and
rearrangement on the site.
Mahlon Swedberg moved to deny the variances as requested, and it was
seconded by Mike Sell .
In discussing the questions� the Board noted that there was an addition
to this building in 1972, and they did not have the history on that con—
struction, or on any waiver action that may have taken place then. The
appealant also indicated a wish to rework there site plan, and possibly
reduce the number �of waivers needed.
Mike Sell withdrew his second of Mahlon Swedberg's motion for denial ,
and the motion died for lack of a second.
Walter Kost then moved to defer this item until the next regular
meeting of the Board, and it was seconded by Ron Edstrom and so carried.
The final item of business was a first review of the form to appeal
B.Z.A. deniats to the City Council . Copies of the rough draft of this form
were distributed to the Board. The following suggestions were noted:
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Board of Zoning Appeals
May 14, 1974
l . Make up an instruction sheet to go with the form.
2. Allow more room for appealants reasons for asking
for a C�ouncil review.
There being no further business to come before the Board, it was on a
motion, duly seconded, adjourned at 11 :15 P.M.
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eRo And rson, Chairman J e Ingemunso , Acting Secretary