05-13-75 BZA Minutes ���
Regular Meeting
of the
Golden Valley Board of Zoning Appeals
May 13, 1975
The regular meeting of the Golden Valley Board of Zonin� Appeals was held
Tuesday, May 13, 1975 at 7:30 P.M. , at the Golden Valley Civic Center,
7800 Golden Valley Road, Golden Valley, Minnesota. The follo�ving Board
members were present:
LeRoy Anderson
Mahlon Swedberg
Walter Kost
Donald Hughes, Planning Commission Representative
Mahlon Swedberg, Chairman of the Board, presided and Jim Ingemunson acted
as recording secretary.
The first order of business was consideration of the minutes of the meeting
of the Board held on April 8, 1975, copies of which had been distributed to
the Board. It was moved by Walter Kost, seconded by LeRoy Anderson and
carried to approve the minutes for the meeting on April 8, 1975.
The Chairman then brought before the meeting the following requests for
waivers:
75-5-6 1820 Mendelssohn Ave. No. (Map 20) Residential Donald Lillehau�:
The petition is for the waiver of Section
3.12 (1) for 3' off the required sideyard setback distance
of 5' to a setback distance of 2' from the proposed
detached garage to the East property line.
and fc�r Section
3.07 (1) for 1$' off the required frontyard setback distance
of 35' to a setback distance of 17' from the proposed
detached garage to the North property line on1q.
and for Section
3.12 (1) for 7.2' off the required building separation distance
of 20' to a separation distance of 12.8' from the exist-
ing house to the proposed detached garage only.
Present to speak for the variance was Mr. Donald Lillehaug. The Chairman
reviewed the file and application form and found them to be in order. The
Board noted that this is the only location on this site for a detached
garage. Mr. Lillehaug and the Board also discussed vacation of the alley
adjoining �t�s property.
LeRoy Anderson moved to grant the waiver as requested, seconded by Walter
Kost and there being no further discussion on the matter, carried unanimous-
iy.
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Board of Zoning Appeals May 13, 1975
75--5-7 225 Janalvn Circle (Map9) Residential Edward G. Thernell:
The petition is for the waiver of Section
3.17 (3b) for 6.25' off the required sideyard setback dis-
tance of 11.25' to a setback of 5' from the East
property line to the proposed garage addition only.
Present speaking for the waiver was Mr. Thernell, owner of the property
at 225 Janalyn Circle.
The Chairman reviewed the application and petitian file and the Board
discussed this site. It was noted that this residential lot has unusual
terrain features making it impossible to build a garage at any other
point on the lot.
Walter Kost moved ta approve the waiver as requested. Donald Hughes
seconded the motion and it so carried.
75-5-8 1620 Independence Ave.,s No. �,Map 20) Residential Thomas J. Feltl:
The petition is for the waiver of Section
3.12 (1) for 9.2' off the required building separation distance
of 20' to a separation distance of 10.$' from the exist-
ing detached garage to the proposed family room addition
only.
and for Section
3.07 (1) for .5' off the required 35' frontyard setback distance
to a setback of 34.5' from the West property line along
Independence Avenue to the Northwest corner of the
existing residence only.
Present to request the variance were Mr. and Mrs. Thomas Feltl from 1620 In-
dependence Avenue North.
Chairman Swedberg reviewed the petition and found it to be in order.
Mr. Feltl then described his proposed buildfn� addition. The Board discus-
sed other possible configurations for the proposed family room addition.
�he Board also discussed the possibility of relocating the existing garage
on the site. It was decided that all of these alterations would be too
impractical.
LeRoy Anderson moved to grant the variances as requested, seconded by
Donald Hu$hes and carried unanimously.
75-5-9 2231 Lee Ave. No. (Map 5) Residential Walter Zobel:
The petition is for the waiver of Section
3.07 (1) for 10' off the required frontyard setback distance
of 35' to a setback distance of 25' from the property
line along Lee Ave. No. to the proposed single family
dwelling only.
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Board of Zoning Appeals May 13, 1975
Mr. and Mrs. Zobel were present to request the variance. Also, present
were Mr. and Mrs. Mick Lee, owners of the neighboring lot to the North.
The Chairman reviewed the application and application file. The Board
then discussed with Mr. Zobel the location of the Flood Plain line on his
vacant loC. The Board also discussed the possible alteration of the Flood
Plain line. It was noted that changing the Flood P1ain line would be a long
process that would have no assurance of success. The Board then asked
Mr. Mick Lee for his comments.
Mr. Mick Lee felt that he would not oppose a variance of the front setback
line if the proposed house plan was of a low profile. Mr. Mick Lee said that
he would not be in favor of a tall house closer to the street. LeRoy Anderson
noted that it would be the owner's responsibility to fit � house between the
proposed setback line and the Flood P1ain line, but Mr. Anderson felt it was
not the Board's business to tell Mr. Zc�bel what kind of house he should build.
Mr. Anderson moved to grant the variance as requested, seconded by Walter Kost.
On discussion of the question, Mahlon Swedberg said that he would like to see
the type of house which wi11 be planned for the site. The question was called
and the motion carried with 3 ayes and 1 nay. Mahlon Swedber� opposed.
75-5-10 Wa zata Blvd. and �2hode Island Ave. So. Ma 18 Residential -
Li ht Industrial endin . Minnea olis Glass Com an :
The Secretary informed the Board that Minneapolis Glass Company was not
prepared to appear and would possibly appear at the June lOth regular
meeting of the Board.
The Chairman had earlier announced this information allowing those present
interested in this item to leave. It was noted that notices would again be
sent when and if this item reappears on the agenda.
75-5-11 Vaeant 2ot East of Point Su_pper Club (Map 16 Commercial -
David Trach & Wendv's Restaurant:
The petition is for the wafver of Section
5:05 (A 1) for 17' off the required 75' setback distance, and
for 40' off the required landscaped area to a set-
back of 58' and a landscaped area of 35' between the
proposed Wendy's Restaurant, and the property line
along Golden Va11ey Road.
and for Section
5.05 (A 1) for 40'off the required landscaped area of 75' to a
landscaped area of 35' along Country C1ub Drive.
Present to request the variances was Mr. David Trach, property owner, and
Mr. Peter Cook, representfng Wendy's Restaurants, the proposed devel�per.
Also present were several neighboring property owners and Mr. A1 Stensrud
from Calvary Lutheran Church. -
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Board of Zoning Appeals May 13, 1975
The Chairman reviewed the petition application and found it in order. The
Board then reviewed the application file and read the several letters from
the proponents and opponents.
May Bu��t from 701 Rhode Island Ave. No. presented the Board with a petition
signed by fifteen (15) neighbors, all opposed to the proposed development.
The Board then reviewed in detail the minutes from the Planning Commission
report dated January 13, 1975 concerning the special use permit for Wendy's
Restaurant. They also reviewed the Council minutes from Febrnary 18, 1975
for the same item.
Mr. Trach presented the proposed site plan and gave a brief history of his
ownership of the site and the past proposals for development. Mr. Trach
noCed that he had, he thought, eliminated ali past objections regarding
variances and that this present 75' setback requirement was a recent revela-
tion to him. Mr. Trach felt that this request was not unreasonable since
the 75' setback requirement would, in effect, niake the lot unbuildable.
Mr. Trach also emphasized that he would like �t least a time table on when
this property could be used.
Mr. Peter Cook from ��ndy's Restaurants described the ogeration o£ Wendy's
Restaurants. Mr. Cook also supported Mr. Trach's statements. Also he
reviewed the steps that they had taken in developing the site plan for this
lot, making it as close to conformance as possible.
Mr. Lutz from 7547 Country Club Drive was opposed to the waiver request.
Mr, Lutz said that he was more oppased to the tqpe of business involved rather
than the waiver itself. Mr. Lutz said thati he had to pick up McDonald's
trash every time he mows his law:n, and that another business of this type is
not needed. Mrs. Kohlhase of 7601 Country Club Drive said that she had eaten
at one of the other Wendy's Restaurants in Minneapolis and stated she likes
this operation. She thought this proposal would be an asset to the neighbor-
hood. Mrs. Glowka of 540 Rhode Island Avenue North said she did not like
this proposal at all.
Chairman Swedberg then closed the public portion of the meeting to discuss
the matter between Board members. The Board discussed this �a.tter at length
and generally felt that a decision at this time would be premature considering
the activity occurring with Valley Square Study Commission and the unsettled
problem with the Point Supper Club. It was noted Chat the Valley Square report
is due for completion in July.
LeRoy Anderson moved to hold this item over until the next regular meeting
in August. Walter Kost seconded the motion. During the discussion of the
motion, it was noted that new notices will be sent when this item reappears
on the Board's agenda. Donald Hughes felt that this item, if deferred, should
be deferred indefinitely. Call for the question motion carried, 3 ayes and
1 nay. Donald Hughes opposed.
75-5-12 345 Pennsvlvania Ave. So. Ma.p 18) B & P.O. Mark Hurd Aerial'
_ Surveys, Inc.
&�%n C�
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Board of Zoning Appeals May 13, 1975
The petition is for the waiver of Section
10.06 for 23' off the required 50' setback distance, to a
setback distance of 27' from Che East property l.ine
to the proposed addition only.
Mr. Allan C. Bock, president of Mark Hurd Aerial Surveys, Inc. was present
to speak for the variance. Also present was Mr. Gene Bormes from Mark
Hurd Aerial Surveqs, Inc.
The Board chairman reviewed the petition and petition file. Mr.Bock
described the proposed building lines. It was discussed as to the need
for locating the proposed addition at this point on Che existin� structure.
Several alternatives were discussed. One being the purchase of additional
land to the East, another being an addition of smaller width.
Mr. Bock considered the alternatives and found them to be unacceptable.
There was no one present to oppose the variance. After further discussion
it was found that the proposed addition could be reduced in width by 3' .
Mr. Bock felt that he could live with this reduction in the width of his
proposed addition.
The Board also discussed the possibility of landscaping the area between
the proposed building addition and the East property line.
Donald Hughes moved to grant the waiver of 20' off the required 50' setback
distance to a setback distance of 30' from the East property line to the pro-
posed addition only subject to the condition that this space be given special
atCention with an effective visual landscaping barrier, thus screening the
site from future possible residential property owners to the East. The
motion was 5econded by LeRoy Anderson and carried unanimously.
75-5-13 7900-23rd Ave. No. Map 19� Residential Helen Bies:
The petition is for the waiver of Section
3.02 to renew the variance �;ranCed on July 13, 1971, thus
allowing a double bungalow for this address.
Present to request the variance was Mrs. Bluem of 7980 Wynnwod Road.
The petition is for the waiver of Section 3.02 to allow construction of one
single storq double bungalow at this address. The Chairman reviewed the
petition application and file and noted that this same variance had been granted
on this site in July, 1971. This variance, however, has expired and the item
now on the agenda is a new request.
LeRoy Anderson moved to grant the petition with the same conditions as applied
in 1971. Walter Kost seconded the motion and so carried.
The final item of business was a request from Mr. Leo Riconda, Chief Engineer
of General Mills, regarding the variance granted for a six (6) story addition
to the West wing of General Mills office building.
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Board of Zoning Appeals May 13, 1975
Walter Kost moved to put this item on the agenda, seconded by Donald Hughes,
In discussion, LeRoy Anderson said that he would not favor adding items to
the agenda that have not completed applications. The motion to add this item
to the ag;enda carried with 3 aqes and 1 nay.
Mr. Riconda presented a letter requesting an extension of the variance granted
on May 14, 1974, which is due to expire on May 21, 1975. The Board discussed
this request and was of the opinion that the one year limit on variances should
continue to apply in all cases.
There being no further business to come before the Board, it was on motion,
duly seconded and carried ad3ourned at 10:45 P.M.
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Mahlon Swedberg, Chairman am s Ingemunso , Secretary