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06-11-74 BZA Minutes `�� 9 MINUTES OF A REGt1LAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONIN6 APPEALS JUNE 11 , 1974 The regular meeting of the Golden Valley Board of Zoning Appeats was held Taesday, June 11 , 1974 at 7:30 P.M. at the Golden Valley Civic Center, 780� Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: LeRoy Anderson Walter Kost Mahlon 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 the Board held on May 14, 1974 copies of which had been distributed to the Board. It was mov ed by Mike Setl , seconded by Walter Kost, carried unanimously, to approve the minutes of the meeting held on May 14, 1974. The Chairman then brought before the Board, the following items: 74-4-4 2485 Winnetka Ave. No. (Ma� 19) Residential (Pendinq B � PO) A. J. Poppelaars The petition is for the waiver of Section 10.04 for one additional story in height over the aiiowable one story to a total of two stories along the South and East side of the proposed medical office building 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 ] ine along Winnetka Ave. to the front wall of the proposed medical office onty. Present to speak for the variance was A. J. Poppelaars, the property owner and builder of the proposed office building. hir. Poppelaars presented a site pian and a colored rendering of the proposed structure. The building shown was a one story building at the North end, and two stories at the South end. The building had a gable roof, and appeared to have a brick and wood exterior.. The generai appear— ance was that of a large sptit entry residential structure. Atso, Mr. Poppelaars said that he v�uld be building a privacy fence along the length of the West property line. The board reviewed the Council 's action on the change of zoning for this property, and noted that the change has passed its' first reading on a 3 to 2 vote. e�(..l (J Board of Zonang Appeals June 11 , 1974 Mahlon Swedberg rnoved to grant the variances as requested on condition that the zoning be approved, and that ifi would apply to the buiiding and site plan shown to the Council , B.Z.A., and Building Board of Review only. It was seconded by Walter Kost. In the discussion of the question, Ron Edstrom stated that he had opposed this change of zoning on the Planning Commission, and he could not vote in favor of the variance for this office building now. The vote on the question then approved the variances with 4 aye, 1 naya 74-6-11 7�0 N. Tyrol Trail (Map 9) Residential Paul A. Seeman The petition is for the waiver of Section 3.07 for 8' off the required 13.6' sideyard setback distance to a setback of 5.6" from the North properfiy line to the proposed garage addition only. Present to request the variance was Paul A. Seeman, the property owner. Also present as interested parties in favor of the request were Howard Terrilt , a salesman with the Spring Company, and Mr. & Mrs. A. E. Miller the proposed bUyers of the property. The proponents described the proposed garage addition and the reasons for adding to the garage at its' present locatior�. In reviewing the applicat�on, the Chairman explained that the signatures from three adjoini�g property owners indicated dissaproval of the proposed variance. The Board then noted the following facts: 1 . The site slopes down toward the rear, and it would be difficult to add a detached garage at the back of the tot. 2. A detached garage could be 5' from the lot line while this proposal comes to 5.6' . . 3. The nearest house on the North side is more than 100' from the property line, and that distance is the rear yard of that house. The Board also considered the possibility of a garage on the South side of the house. There were twv neighbors present to speak in opposition to the variance. Mrs. Nancy Goldstein from 520 Janalyn Circle, and Mrs. Louis Rholl from 528 Janalyn Circle. They felt that the proposed addition would be a detriment to the neighborhood rather than an asset: . �G/ � ��� Board of Zoning Appeals June 11 , 1974 Mahlon Swedberg commented on the proposal , and he felt that the " suggested variance had seemed to him to be one of the least controversial of the many he had seen in his years on the Board. The garage proposed would be of a minimum width. The nearest neighbor would 6e far away from the addition. There is an unusual terrain feature to deal with, and finalty the proponent could build even closer to the North line without a variance if he chose ta construct a detached garage. Mahlon Swedberg moved to accept the variance as requested, and it was seconded by Mike Sell . In discussing the question, Ron Edstrom said that he couid see no disadvantage to the neighborhood from this proposal . The question was cailed and the variance was approved as requested by a unanimous decision. 74-6-12 5530 Wayzata Blvd. (Map )3) Comnercial—Boulevard Cafe—Harold Lynch The petition is for the waiver of Section 14.02 to allow for the expansion of the existing non—conforming use in the manner shown on the proposed plans and kept on file with the Vitlage Inspection Department. Present to request the variance was Harold Lynch, owner of the Boulevard Cafe. The Board questioned Mr. Lynch about the proposed kitchen addition, and it was determined that this addi,tion comes about as a result of the Village Sanitarian�s request for certain improvements in the kitchen facilities at the Boulevard. The Board noted that the property is non—conforming with the present zoning code standards regarding setbacks, landscaping, parking, etc. Mike SeTi moved to grant the variance as requested, and it was seconded by Walter Kost. The discussion of the question tried to clarify the application of Section 14.02 in this situation. A long discussion followed on non—con— forming uses and the application of Section 14.02. The Board felt that it would not be advantageous for the Village to waive a non—conforming use, but that it is also sometimes necessary to expand a non—conformance. Watter Kost withdrew his second to Mike Sett 's motion, and the motion died for tack of a second. ,; Mike Sell made a motion to instruct the building inspector to give a permit for the necessary construction in conformance to the p�:ans as presented to the B. Z. A. and it was seconded by Walter Kost. �3 � ' ;��) � �i:� Board of Zoning Appeals June 11 , 1974 In the discussion that followed, the Board wished to emphasize that they are approving the present kitchen expansion, but that they do not wish to waive the existing non—conforming use in regards to parking, land— scaping, setbacks, etc. The question was called on Mike Sell 's motion to instruct the building inspector to give a building permit for the proposed kitchen addition, and it passed with a unanimous vote. Finally, Earl Wilson from West Suburban Buitders asked to have four , lots on Ftag Ave. N. added to the agenda for consideration of sideyard variances. The Chairman �oted that the application forms weren't complete, and tfi at the Board members had not had a chance to view the property or give the matter consideration. Mahlon Swedberg moved to not add Mr. Wilson's request to the current agenda. It was seconded by Ron Edstrom, and so carried. The final business was the last review of the appeal of B. Z. A. denial form, and the distribution of copies of the proposed code of ethics. There being no further business to come before the Board, it was on a motion, duly seconded, adjourne.d at 10:00 P.M. � �2 .��-- ��._,,,,u,,� eRoy An erson, Chairman �,Ja es Ingemuns n, Acting Secretary