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07-23-74 BZA Minutes c)l.j��..� MINUTES OF A SPECIAL MEETING OF THE G�LDEN VALLEY BOARD OF ZONING APPEALS .1u1 y 23� 1974 The special meeting of the Golden Valley Board of Zonir►g Appeals was held Tuesday, July 23, 1974, at 7:30 P.M. at the Golden Valley Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: , LeRoy Anderson Glen Christianson Mahlon Swedberg Katharine Hakala The recording secretary was James Ingemunson and the Chairman was LeRoy Anderson. 7homas Heenan, Village Sanitarian was present and also Robert Hosp from Ewald Dairy, Dewey Ewald, and about a dozen interested neighbors. Chairman LeRoy Anderson cal )ed the meeting to order and asked the secretary to briefly describe the staff's request for this special meeting. James Ingemunson explained that the Vitlage staff had been trying to deal with the problem of the non—conforming use in the form of a parking lot in a residential zone. In particular, the Ewald Dairy lot at the South— west corner of Xerxes Ave. N. and Golden Valley Road. Because of the lack of recorded informafiion, the staff is asking the B. Z. A. to aid them in finding facts and possible limiting factors regarding this non—conforming use. The Chairman then asked the City Sanitarian for any facts h� might add to the discussion. Mr. Heenan stated that upon a careful search of the Planning Commission and council actions from the late 1930's and through the 194Q's, the staff had been unable to find any evidence of permission being given to Ewatd Dairy to use the subject site for any special use. It was also found that the McNair Manor Subdivision was filed in 1923, and that the W. P. A. topographic survey made in 1939, as presented for the Board's examination, shows no type of structure on lots 9 thru 13, block 3, McNair Manor. The Chairman then asked those present to present whatever evidence they could pertaining to this parking lot. Mr. Mel Erickson from 1812 York Ave. N. presented a letter that he had written to the Village on July 1 , 1974. The letter bore the signatures of ten neighboring property owners. Mr. Erickson said that he believed that Ewald Dairy was using the parking lot for used that are beyond any speciat uses that may have been granted either in writing or verbally. He said that the Dairy is now parking large semi—trucks on the site, and that the trucks come and go at all hours of the day or night and even on Sunday. These trucks, he said, have refrigeration units which sometimes are left running while the truck is parked on the lot. The result is noise and disturbance which are intolerable. c)_�_� .. Board of Zoning Appeals July 23, 1974 Mr. Erickson said that he believed Ewald Dairy was in violation of the city noise ordinance also. Mr. Erickson claimed that he has been living next to this parking lot since the 1940's, and that it has only been since 1973 that there has been any substantial disturbance. The noise and traffic that began in 1973 has become much worse in 1974, he said. Mr. Erickson also said that the parking lot was fenced in 1963, and there was then an attempt to park trucks on the lot, but that after he had talked to Dewey Ewatd, the parking of trucks on the lot did not occur. Mrs. Larry Fitzmaurice from 1800 York Ave. N. spoke and said that , she was concerned about the trucks that blocked the street on Xerxes Ave. N. and made the intersections at Xerxes Ave. N. and Golden Valley Road a dangerous corner. Tony Critelli from 3009 Golden Valley Road complained of the noise. Ne said that he has lived next to the parking lot since 1948N and it only has been recentty that the noise has become really disturbing. The noise which began in 1973 has gotten murch worse in 1974. Mr. M. Ritt, 1725 Xerxes Ave. N. , said that he didn't mind the employees parking on the lot, but that the trucks that park there and set there run— ning are too noisy. Mrs. J. W. Malven from 1707 Xerxes Ave. N. said that she is often awakened by the noise before her alarm goes off at 6:00 A.M. Mr. Robert Hosp, manager of Ewald Dairy, then reviewed the history of the parking lot in question. He read a memo from Mr. Dewey Ewald. A copy of the memo was submitted as evidence. The basis of Mr. Nosp's claim for use of this lot: as a site for park— ing the company's trucks was that these lots have been used by the Ewald . Dairy since 1911 , and that in addition to employee's vehicles, they had occasionally parked there delivery vehictes on the lot. Mr. Hosp also stated that he had received only five calls on noise in the iast five years. He apologized for the noise that has occured, and said that most of the noise would be eliminated when the electric power for the refrigeration units on the trucks was instalted in the park— ing lot. Mr. Hosp also answered the various points about traffic , milk spillage, and the weight of the trucks on the streets that were mentioned in the neighbor's remarks. The reason given for the change from the smaller delivery vehictes that were used in the past to the new large trucks, was simply because o` the changes that have taken ptace in the Dairy industry. ` �31� Board of Zoning Appeals July 23, 1974 In conctusion, Mr. Hosp said that the Dairy had aiways tried to be a good neighbor, and that they were trying to solve the current noise problem and that the use of this lot is necessary to the operation of the dairy. Mr. Dewey Ewald said that he and his brother had asked their father to take care of the zoning of the parking lot in Golden Valley, but the senior, Mr. Ewald said the lots had always been used as commercial property and could continue to be used as such. Mr. Dewey Ewald also felt that the company would do anything they could to alleviate the noise problem and satisfy the neighbors. He aiso noted that the changes in the dairy busi— ness required a change to targer trucks. The basic position of Ewald Dairy is that this property has always been eased for the parking of emp)oyee's vehicles, and occasionally their delivery trucks, and that this use has earned them certain grandfather rights to use this lot now for their present delivery trucks. Mrs. Hakala asked Mr. Hosp when they first started parking trucks on the lots in question, and Mr. Hosp�s answer was 1964. There was dis— agreement from Mr. Mel Erickson, however, he said that the trucks did not park there untii i973• Mahlon Swedberg felt there had been a char+ge from the time when the milk arrived at the dairy in large trucks and was sent out, mostly in smatl vehicles, to now here it arrives in even targer trucks and is sent out, mostly in large trucks. At 9:00 P.M. the Chairman closed the meeting for public discussion and opened the Board's own discussion. During the Board's discussion, the following facts were determined to exist: 1 . There is a non—conforming use on Lots 9 thru 13, Block 3, McNair Manor.in the form of a parking lot in a residential zone. 2. The non—conforming use has been in existence since 1938, but that the use has noticeably expanded since 1973• The reason for fihe expansion being the change in the operation of Ewald Dairy. 3• There is no way for the Board of Zoning Appeals to consider a variance for this situation. 4. If Ewald Dairy wishes to continue there present use of the lots for parking of trucks, they must seek a rezoning from its' present residential status. In conclusion, Chairman, Anderson reminded the Board and the audience that it is within the powers of the Village to take action, stopping this non—conforming use if the dairy does not do so voluntarily. � �� � � � ��.��� Board of Zoning Appeals July 23� 1974 There being no further business to come before the meeting, it was on motion, duly seconded, adjowrned at 10:00 P.M. � � eRo Ande son, Chairman �a es Ingemunson Acting Secretary