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07-08-75 BZA Minutes -, r-' � �,- = F MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS July 8, 1975 The regular meeting of the Golden Va11ey Board of Zoning Appeals was held Tuesday, July 8, 1975 at 7:30 P.M. at the Golden Valley Civic Center 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Mahlon Swedber�, Chairman LeRoy Anderson Walter Kost Mike Sell Donald Hughes, Planning Commission Representative Mahlon Swedberg, Chairman of the Board, presided and Jim Ingemunson acted as recording secretary. LeRoy Anderson moved to accept the minutes of the meeting of June 10, 1975 as written, seconded by Mike Sell and so carried. The Chairman then brought the following items before the Board: 75-6-14 328 Burntside Drive Ma 8 Residential Daniel Heilicher: The petition is for the waiver of Section 3.07 3a for 5` off the required 15' sideyard s.etback distance to a setback distance of 10' from the North property line to the NE corner of the pro- posed bathroom addition only. and for �ection 3.07 3a for a 2.4' off the required sideyard setback of 15" to a setback of 12.6' from Che North property line to the NE corner of the existing structure only. The Chairman reviewed the petition and it- was noted that Mr. Heilicher was not present in the council chambers. The Chairman put this item at the end of the evening's a�enda: 75-6-15 9235 Medicine Lake Road �Map 1� Commercial R C Ernst: The petition is for the waiver of Section 5.05 B for 28' off the required 50' setback distance to a setback of 22' from the East property line to the proposed shopping center addition only. The secretary of the Board explained that Mr. Ernst had called requesting this item be deferred until August. It was so moved, seconded and carried. � rv �; �, �_='> Board of Zoning Appeals July 8, 1975 75-7-15 4041 Bassett Creek Drive (Map 5) Residential Donald S. Ziehl: The petition is for the waiver of Section 3.07 (1) for 5' off the required 35' frontyard setback to a setback distance af 30' from the North property line to the proposed single famil.y dwelling only. The Chairman reviewed the petition application and found it to be in order. Mr. Ziehl was present to speak for the petition and described his proposed house. There were no neighborin�; property owners present. In the discus- �ion it was noted that the proposed variance would move the proposed house out of the Bassett Creek Flood Plain. LeRoy Anderson moved to grant the waiver as requested, seconded by Walter Kost, so carried. 75-7-16 88d1 Wa zata Blvd. Ma 23) Rud Luther G.M.C. Commercial: The petition is for the waiver of Section 5.05 A for 25' off the required 1.andseaped area of 35' to a landscaped area of 10' along the South property line bordering the future Miller Street only, said variance to be effective only until such time as Miller Street is constrncted at which time vari- ance to be void. The Chairman reviewed the petition application and found it to be in order. The Chairman also requested the Secretary to describe any back- ground that was available for this petition. The Secretary reminded the Board that this property had requested a variance and had been turned down at the B.Z.�. meeting on September 19, 1975. Present to request the variance was Mr. MacDonald, Vice President of Rudy Luther G.M.C. There were no neighboring property owners present. There was, however, a letter fram the City of St. Louis Park declaring its' opposition to any variances on setback and landscaping along their proposed nature center. Mr. MacDonald described the need for additional parking and the need to correct the existing drainage and ice problem on the South side of their building. Mr. MacDonald emphasized that the request was for a temporary variance. The Board discussed the difficulties with a temporary waiver. It would be hard to administer and enforce, and may not even be legal. Walter Kost moved to deny the variance as requested. LeRoy Anderson seconded the motion and the motion carried, three ayes and one nay. The one negative vote coming from Mike Sell. �;f.'-�� Board of Zoning Appeals July 8, 1975 75-7-17 812 No. Lilac Drive Map 7) Commercial Vallev Motel & Restaur- ant, Inc. (Holiday Mote1,1 The petitioner seeks a review and renewal of the action taken by the B.Z.A. on June 28, 1973 and to authorize the issuance of a building permit to com- plete the structure that was begun in 1973. The Chairman reviewed the petition and found it to be in order. Present requesting the variance was Mr.Sowle, partner in Valley Motel and Restaurant, Inc. There were no neighboring property owners present. The Board examined the proposed plans for finishing the restaurant and motel. They also compared the present proposal to the site plan that was approved in 1973 for First American Company. LeRoy Anderson moved to accept the present plans as a continuance of the approval granted for remodeling in 1973 and directed the Cities' Ordinance Administrator to grant permits as required in order to finish the construc- tion of the restaurant and motel, seconded by Walter Kost, and so carried. 75-7-18 Golden Hills Sho in Center Ma 9 Commercial Foto Mat Cor - oration (Gary Mammen): The petition is for the waiver of Section 14.02 to allow the expansion of the existing non-conforming use for the purpose of constructing a Foto Mat booth on the existing parking lot site. The Chairman reviewed the petition and found it complete. Mr. Gary Mammen from Foto Mat, Inc. , was present requesting the variance. Also, present was Mr. Ronald Vine, partner of Mr. Ralph Green, and co-owner of the drug store adjoining Golden Hills. Mr. Mammen described the proposed site for the Foto Mat booth. The Board questioned Mr. Mammen on the traffic flow a�ound the booth and onto Turners Crossroad. The Board also discussed general traffic congestion at the Golden Hills Shoppin� Center. The Board also noted that �he present shopping center is non-conforming in the amount of parking spaces and land- scaping on the site. Mr. Vine explained that, in discussions with other tenants in Golden Hills, he had found no one in favor of adding the Foto Mat to the site. In general, the Board felt that the addition of the Foto Mat would �ust complicate an already difficult situation. LeRoy Anderson moved to deny the request and it was seconded by Walter Kost and so carried. �,�� c.1' �� Board of Zoning Appeals July 8, 1975 75-7-19 Svrin� Gate Sho�ppin�Center_ (Map 11� Commercial Foto Mat CorL- oration (Gary Mammen) : The petition is for the waiver of Section 1.03 & 13.01 to allow more than one principle building on the site and waive seven (7) parking spaces (six (6) e�ist��:�, c��e (1) new) for the proposed Foto Mat booth. Present requesting the variance was Mr. Gary Mammen. There were no neigh- bors present. The Chairman reviewed the petition and found it to be in order. The Secretary explained that this request was samewhat different than the previotis request by Foto Mat in that Spring Gate Shopping Center had been granted a variance in parking by appeal to the City Council. rir. Mammen described the proposed location on a site plan and presented pictures of the site. The Board agreed that there was less traffic conges-- tion on this site as compared to Golden Hills. However, the Board still had the ordinance limiting the number of buildings on the site to contend with. The Board also considered other sites in the City where there might be more than one building on the parcel. They noted that some of these occurred before the existing ordinance and if there are some that didn't have approval, they shouldn't be there. Walter Kost explained that, while the present tenants in Spring Gate may not require all the parking spaces that there are, there is no way the Board could be sure that the tenants might not change and that the space might be needed in the future. LeRoy Anderson moved to deny the petition as requested, seconded by Donald Hughes, and so carried. In con�unetion with the last item, Mike Sell moved to direct the Ordinance Administrator to make a survey of sites that have extra buildings and where they are in violation of the ordinance, to take the appropriate steps to eliminate them. The motion died for lack of a second. Item 75-6-14. Since no one appeared to speak for the variance, it was moved by Mike Sell and seconded by Walter Kost to defer this item until the next regular meeting in August. The final item of business was discussion of money budgeted for the B.Z.A. The Secretary explained that the procedure in 1976 would be to budget indivi- dual Boards and Commissions as separate items within the respective depart- ments that worked with the Board. Thus, the I3.Z.A. would be bud�eted through Building Inspection. At the present time the budget is in preliminary working stages. The Board members had the followin� comments to pass on to the staff: How are professional services such as the staff liaison, and legal assistance budgeted? �1�a_�_ Board of Zoning Appeals July 8, 1975 The Board felt that the City Attorney should be present for at least one (1) meeting per year. Consideration should be given to providing some additional clerical time to do research on the history of the sites requesting waivers, and the record of similar requests, if there are any. There being no further business to come i�efore the Board, it was on motion, duly seconded to ad3ourn at 9:45 P.M. L� � ���' _��� Mahlon Swedberg, Cha an es Ingemunsbn, Acting Secretary