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09-10-74 BZA Minutes � � ���.�� MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS SEPTEMBER 10, 1974 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, September 10, 197� at 7:30 P.M. at Brookview Community Center, 8200 Wayzata Blvd. , Golden Valtey, Minnesota. The following Board members were present: LeRoy Anderson Walter Kost Mahlon Swedberg Mike Sell Don Hughes 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 August 13, 1974, copies of which had been distributed to the Board. It was moved by Walter Kost, seconded by Flike Setl , carried unanimously, to approve the minutes of the meeting held on August 13, 1g74. 7�+-9-25 4101 6olden Valley Road (Map 5) Institutional Health Central The petition is for the waiver of Section 1 .03 to allow more than one principle building on a single tot of record. Present to request the variance was Mr. Robert Van Hauer> Administrator for Health Central . Also present was Mr. Peter Uan Hauer and severat inter— ested residential property owners from the area. The Chairman reviewed the application form, and found it to be in order. He then read the letter attached to the application written by Mr. Robert Van Hauer. The Board was in general agreement that the appplacation pertains to the existinq buildings on the site, and refers to the existing non—con— forming use as created by Section 1 .03 Appeadix I of the Village zoning code. (Ord. No. 2b3 6/20/67). The Chairman noted the date of the adoption of Section 1 .03 as 6/20/67, and questioned the proponent as to the age of the buildings on the lot. It was brought out that the several buildings with the possible exception of one structure were buitt prior to 1967, and that all these buildings had been given building permits through regular applications, and with council approval . For clarification, therefore, it was established that the buildings n�w on the site, in conjunction with Section 1 .03 resutt in an existing non—con— forming use. Mr. Van Hauer then spoke and reviewed the proceedings of the tast year which resulted in the council 's turning down an application for a new building permit for the Lakeview Building and its' connecting parking ramp,. � � _ � � � �� � � Board of 2oning Appeals September 10, 1974 The Chairman stated that he viewed this application to the Board as a procedure for clearing up the existing no—conforming use, and nothing more, and Mr. Robert Van Hauer agreed with that statement. Mr. Donald Hughes asked Mr. Van Hauer if he considered a Planned Unit Development Ptat a solution to the non—conformance, and Mr. Van Hauer answered by reading from the council minutes of July 1 , 1974 and saying that he believed that the council wanted the matter of Section 1 .03 cleared up before any further action was taken. The Chairman then asked for corrments from any other interested parties present. Mr. Larry Smith residing at 2080 Mary Hilts Drive wished to point out several other reasons in the council minutes for denial of the last request by Health Central for a building permit. The Chairman then reminded those present that the Board was concerning itself with the existing non—conforming use only. Mrs. Mary King residing at 4025 Wasatch Lane implied that this was the first step toward obtaining a building permit for the lakeview Building, and was concerned that approval of this request would have an influence on the Council . In conclusion she urged enforcement of the provisions of Section 1 .03. Mr. Smith spoke again, and asked the Board to consider the impli— cations of this variance in the development of this ,property. Speaking again, Mr. Van Nauer said that he wished to clear up this matter of the non—conforming use, so that Health Central could get on with their ptanning. He also said that this variance does not rule out regular platting or P. U. D. The Chairman then closed the public discussion and began the Board's deliberation. Don Hughes said that he would hate to see this variance used as a step to avoid platting, either conventionally or as a P. U. D. Mahlon Swedberg thought it was a good move for any business to clear up the existing non—conforming elements of their property before they go ahead with any changes. In this case, he viewed the request as applying to the existing buildings only. Mike Seii thought it would be necessary to clear wp this non—con— formance before any move could be made toward any future development. - The Board then discussed regular platting of this property. They asked Mr. Van Hauer if he had considered a regutar plat, and Mr. Van Hauer said he had discussed it with the City Engineer in Golden Valley, and the idea of public streets for each parcel to front on, and individual tots for each building was totally impractical for the hospital and the City. � f�3 d� 3 �'� . � ' t� _..��.,+ Board of Zoning Appeals September 10, 1974 Chairman Anderson felt that this non—conforming use had to be cleared up before Health Central could move in any direction. Mike Sell moved to grant the waiver of Section 1 .03 as it applies to the existing structures onty, as shown on the survey and site layout sub— mitted for this meeting. It was seconded by Watter Kost. The motion carried with 4 ayes and 1 nay. Mrs. Mary King asked for a roll call vote, and the following is a list of those votes: LeRoy Anderson Aye Walter Kost Aye Mike Sell Aye Mahlon Swedberg Aye Don Hughes Nay 74-7-13 3015 Golden Valtev Road (Map 1 ) Residential Mary Critelli The petition is for the waiver of Section 3.02 (1 ) � 3.041 to allow the existing house at 3015 Golden Valley Road to be used as a double house. Tfiere was no one present to request the variance. Mahlon Swedberg maved to strike this item from the agenda without a return of the filing fee, and it was seconded by Don Hughes and so carried. 7�+-9-26 4825 Lowry Terrace (Map 3) Residential Max Sherman The petition is for the waiver of Section 3.07 3a for 6.75' off the required 15' sideyard setback distance to a setback of 8.25' from the East property line to the proposed attached garage addition only. The Chairman reviewed the application and found it complete. Mr. Les Novak spoke for the petitioner. Also present was Mrs. Sherman and several neighhoring property owners. Mr. Novak presented pictures of the site and described the proposed garage addition. Mahlon Swedberg asked the proponent what size the finished garage would be, and it was shown that the garage would be just over 20' in width. Mahlon Swedberg moved to grant the variance as requested on condition that there be a favorable setttement with Goiden Valley of the easement problem involved in this construction. It was seconded by Walter Kost and so carried. �1� Board of Zoning Appeals September 10, 1974 71+-9-27 8801 Wayzata Blvd. (Map 23) Commercial Hansord Pontiac The petTtion is for the waiver of Section 5.�5 A for 25' off the required 35' landscaped area along a platted street to a landscaped area of 10' along the South property line only. and for Section 5.05 B for 10 off the required 10' sideyard landscaped area to a landscaped area of 0' atong the North 14T ' of the East property line only. Mr. Ted Gruidl , Vice President of the Hansord Agency, was present to request the variance. The Chairman reviewed the petition and asked Mr. Gruidl to explain the proposed waivers, and Mr. Gruidl described the need for more exposure to Highway #12 for his business. Mr. Gruidl also explained that the additional paving on the South side would allow more manu�ering room for the motor homes that �utd be using the driveway there. It was also said that the leased iand upon which the North variance would be located is a month to month lease. . There was no one present to speak against the waivers. The Board then discussed the progress of current construction on this site, and the etements of hardship involved in the present petition for a variance. Mahton Swedberg moved to deny the waivers as requested, and it was seconded by Don Hughes and so carried. Zi+-9-28 Vacant land East of the Point (Map 16) Commercial-Trach Properties � Crown Auto The petition is for the waiver of Section 5.05 A (1 ) for 20' off the required 35' landscaped area to a landscaped area of 10 atong Golden Valley Road, and along Country Club Drive. and for Section 13.01 for 56 off the required number of 93 parking spaces for a total number of 37 parking spaces on the site. Present requesting the waivers were Mr. Paut Noyes from Merridian Co. and Mericon Co. and also Mr. Ken Oskey. After the Chairman reviewed the application, the petitioners described their proposed plan for this site, and gave testimony as to the number of parking spaces needed for the three businesses proposed; Crown Auto, 7 Eleven, and Photo-Mat. On this basis they felt the site has ample parking space. They also pointed out the extensive tandscaping proposed on the perimeter and �n planting islands in the parking lot. <i �:� . . Board of Zoning Appeals September 10, 197� Present were several residential property owners from Rhode Island Ave. N. Mrs. M. J. Buhrt from 701 Rhode Island Ave. N. spoke to the Board and presented a petition with 15 signatures objecting to the proposal . The IVeighbors were generally opposed to any heavy commerciat de�elopment of the site. In the Board's discussion, it was felt that there may be some nPed for wai�ers to develop this lot, but that the present proposal was asking for to� much. 7he proponents asked to be given some time to revise and scale down their proposal . Walter Kost moved to defer this matter until October 8th, and it was seconded by Mahion Swedberg, and so carried. There being no further 6usiness to come befos-e the +neeting, if was on motion, duly seconded, adjourned at 9:45 P.M. f � �"�IMA�j . eR y A derson, Chairmen �',�.a s Ingemunso , fi:cting Secretary