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10-08-74 BZA Minutes 3���. MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS OCTOBER 8, 1974 The regutar meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, October 8, 197�+ 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 Walter Kost Mahlon Swedberg Mike Selt 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 September 10, 1974, copies of which had been distributed to the Board. It was moved by Mahlon Swedberg, seconded by Mike Sell , carried unanirrbusly, to approve the minutes of the meeting held on September 10, 1974. 7�+-9-28 Land East of Point Supper Ctub (Map 16) Commercial Trach Properties 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 15' along 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 totat number of 37 parking spaces on the site. Present to request the variance were David Trach, the property owner and Mr. Ken Oskey. The Chairman briefly reviewed the Board's action on this petition from the last regular meeting in September. Chariman Anderson asked Mr. Trach what changes there were in the proposed ptan for this site. Mr. Trach said that the developer had examined the economics of this site very carefully, and determined that the present plan is the minimum retail area necessary to proceed with the project. Mr. Trach also referred to the lot coverage ratio, and the excess green area required because of there being streets on both sides. He also pointed to several surrounding parking situations, and said that the proposed plan had more than adequate parking for its' tennants and customers. There were five residential property owners from the neighborhood present. Mrs. Buhrt from 701 Rhode Island Ave. N. and Mr. Christopher from 721 Rhode Isiand Ave. No. spoke. They opposed the granting of the variances. i1 . , � K�� `_ _ �..}:'.�:� Board of Zoning Appeals October 8, 1974 Mahlon Swedberg moved to deny the requests for waivers as proposed, and it was seconded by Donald Hughes. Upon discussion of the motion, Mahlon Swedberg said that he fett this proposed building was too large for this site, and Mr. Hughes agreed with Mr. Swedberg. The Chairman called for a vote on the motion, and it carried unanimously. 74-10-29 2560 Dresden Lane (Map 5) Residential Earl Wilson-West Suburban Builders The petition is for the waiver of Section �.07 1 for 15' off the required 35' frontyard setback to a setback distance 20' from the proposed single family dweiting to the West property line on the Dresden Lane cul—de—sac. Mr. Earl Wiison was present to describe the variance requested, and review past planning and council actions when this lot was divided, and the cul—de—sac built at the North end of Dresden Lane. The Board noted that this house would be farther back from the main body of Dresden Lane than any other house on the street, and that from past experience, cul—de—sacs usually present unusual front yard setback situations. Mike Sell moved to grant the petitioned waiver as requested, and it was seconded by Walter Kost and so carried. 74-10-30 318 Lilac Orive So. (Map 9) Residential Willard Etsner The petition is for the waiver of Section 3.07 1 for 10' off the required frontyard setback distance af 35' to a setback distance of 25' from the East prop— erty line on Lilac Drive to the proposed undergraound storage room onty. and for Section 3.07 3B for 13.95' off the required sideyard setback distance of 14.95' to a setback distance of t ' from the North property line to the proposed underground storage room only. Mr. Willard Elsner was present to make the request. The Board examined the site plan, and questioned Mr. Eisner on his proposed structure. It was brought out that the building would be, for the most part, below grade, and that the roof would act as the driveway for a future house that Mr. Elsner was considering for this site. However, Mr. Elsner's ptans for the house were still indefinite. } �� •� �� � ��� Board of Zoning Appeais October 8, 1974 The Board discussed this plan, and in general , were not opposed to the location as shown as long as the top remained at grade level . Mr. Kost expressed his concern for the lack of a substantial hard- ship in this case. � There was also a general feeling that this proposal should be tied to a specific house plan. The Board agreed that this was a very unusual proposal . Mahton Swedberg moved to deny the request at this time, and it was seconded by Walter Kost, and so carried. 74-10-31 2520 Winnetka Ave. No. (Map 14) Corrrnercial Arthur Treacher 's, Inc. Carey & Curry, Inc. Aqent See same site BZA, -Nov. 13, 1973. The petition is for the waiver of Section 5.05 B for 20' off the required 50' landscaped area on the South property tine to a sandscaped area of 30' along the South property tine only. Mr. Dick Curry was present to make the request on behalf of Arthur Treaeher's Inc. Mr. Curry presented a site ptan for the proposed restaurant facility. The Board compared this request to the last restaurant proposed for this site, and noted the following: 1 . The zoning to the West, across Winnetka Ave. N. has changed from residential to B & P. 0. , and there is no longer a need for a variance in the setback at that point. 2. The present facility is smaller than the previous proposal , and requires fewer parking spaces. 3. The future zoning on the land to the South of the subject may change, and thereby eliminate any need for waivers on this site. Throughout the Board's discussion, there was disagreement as to the location of the driveway entrance off Winnetka Ave. No. Walter Kost moved to grant the waiver of Section 5.05 B for 20' off the required 50' tandscape area to a landscaped area of 30' along the South property line oniy. It was seconded by Mike Selt , and the motion passed with the following: � Walter Kost aye Mike Sell aye LeRoy Anderson aye Mahlon �wedberg nay Don Hugh�s nay ( -`,j ^! .__ . ' ._.. . 2 I l.i Y��� y� . Board of Zoning Appeals October 8, 1974 ' 74-10-32 7500 Olson Hiqhway (Map 17) Commercial Murphy Oil Co. (Spur Station) The petition is for the waiver of Section 5•�5 B for 22' off the required setback distance of 50' to a setback of 28' from the East property line to the existing building only. and for Section 5.05 B for 15' off the required 25' landscaped area to a landscaped area of 10' atong the East property line onty. and for Section 5.06 D 2 to allow parking on space other than to the side and rear of the primary structure on the site. Present to request the waivers was Mr. Vince Wise from the construction department of Murphy oit Co. Also, there was a representative from the proposed contracting firm of Elder & Jones. After examining the proposal the Board noted the foltowing: 1 . The request for waivers of Section 5.05 B cover existing conditions, and result from the change in zoning for the property to the East. 2. The zoning of this site is corr�nercial , and would ordinarity aualify for use as a retaiT grocery store. 3. The outside storage of any co�nodity for sale is not altowed in a commercial zone. 4. Any other requests of a similar nature woutd have to follow the same route as this, and would have to stand on their own, and be decided upon separately. At the conclusion of the Board's discussion, Mike Sell moved to grant the waivers of Section 5.05 B as requested for the existing conditions, and to waive Section 5.06 D 2 to allow the use of four (4) parking spaces on the existing paved area to the South of the existing building and at its' East end. The next item of business was a request from Mr. & Mrs. Robert McCoy from 549 Turnpike Road to have their appeal heard at this meeting. The Chairman examined their petition and found it to be complete. Walter Kost moved to add the petition of Mr. � Mrs. Robert McCoy to the October $, 1974 agenda, and it was seconded by Mike Sell and so carried. �� � Board of Zoning Appeals October 8, 1974 7�+--10-33 549 Turnpike Road (Map 9) Residentiai Robert McCoy The petition is for the waiver of Section 3.A7 (3) for 3.7 off the required sideyard setback distance of 15' to a setback of 11 .3' from the South property iine to the Southeast corner of the proposed conser— vatory addition only. Mrs. McCoy presented the plans and answered the Board's questions concerning the size and type of greenhouse proposed. Mahlon Swedberg moved to grant the waiver as requested, and it was seconded by Mike Sell , and carried unanimously. There being no further business to come before the meeting, it was on motion, duiy seconded, adjouned at 10:00 P.M. � � ��—� LeRoy nde son Chairman JJ s In emunson Actin Secretar 9 9 Y /'