11-12-75 BZA Minutes ���'-
MIN[JTES OF A REGULAR MEETING OF THE
����N VALLEY.SOAR,D QF ZONING A$�EALS
NQVEMBER 12, 1975
The regular meeting of the Golden Valley Board of Zoning Appeals was
held Wednesday, November 12, 1975 ab 7:00 P-.M, at t�ie�Golde� i1sl��q Civic Center
7800 Golden Valley Road, Golden Valley, Minnesota.
The following Board members were present:
Mahlon Swedberg, Chairman
LeRoy Anderson
Mike Sell •
Walter Kost
Glen Christiansen, Planning Commission Representative
Mahlon Swedberg, Chairman of the Board, presided and Jim Ingemunson
acted as recording secretary.
Mike Sell moved to accept the minutes of the meeting of October 14, 1975
as written. It was seconded by LeRoy Anderson and so carried.
The first order of business was an introductory explanation of the Flood
Plain Ordinance (��417) by Mr. Robert Skare, City Attorney. Mr. Skare
briefly covered the history of the ordinance and then went over the
procedure for appeals to the B.Z.A. He emphasized the minimum time
element involved with notifying the Bassett Creek Flood Plain Commission,
the Planning Commission, and Che Commissioner of the Department of
Natural Resources. Also, Mr. Skare explained the ninety (90) day max-
imum time period for reaching a decision. Mr. Skare discussed some of
the criteria the Board might use in considering variances from the literal
application of the ordinance:
1. Does the property fall within the Flood Plain Zone?
2. Does the proposed structure substantially affect the
flooding of other properties within the Flood Plain?
3. Is the proposed structure likely to suffer severe damage
due to flooding?
4. Is there any known history of floading on the site under
consideration?
Mr. Skare also noted that applications for variance must be accompanied
by a report from the Administrater of Zoning, and that the Board might
require additional expert advice from the City Engineer or from the
engineering firm that prepared the Bassett Creek Flood Plain Zone.
The Chair�nan of the Board noted that there is one item on the current
agenda concerning the Flood Plain Ordinance. The Chairman then explained
to the audience present the Board's wish to change the order of the
agenda, placing the Flood Plain variance request at the head of the
agenda so that the Board could have the benefit of the City attorney`s
, presence for this item.
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Board of Zoning Appeals
November 12, 1975
Mike Sell moved to take item 75-11-33 first on the agenda, seconded by
Glen Christiansen, and so carried.
Glen Christiansen described Co the Board the Planning Commission's action
on this same item from the Planning Commission meeting of Monday, November
lOth. The Planning Commission had deferred this item for two (2) weeks.
Air. Skare here reminded the Board that sixty (6�) days must elapse in
order to give the various Boards and Commissions time to respond to the
requested variance. The Board, however, is not bound by the recommenda-
tions of the various Boards and Commissions.
The Chairman reviewed letters in the file from Mr. Westlake to the Bassett
Creek Flood Control Commission. The Board also heard from the property
owner, Mr. Nick Loscheider, concerning his experience with this 1ot. It
was brought out that a special use permit to raise this lot to the eleva�
tion of 877 feet was not feasible. Mr. Loscheider also stated that in
his fifteen (15) years of experience with this property, he was not aware
of any flooding on this lot.
Mr. Skare reminded the Board that all recommendations and reports were
not yet in on this property. Mr. Loscheider said that, in talking to
Ken Kramer from Barr Engineering, the Flood Plain elevation in this area
may be lowered to 874 feet.
The Chairman closed the discussion for the present time and declared this
item held over until the next appropriate meeting at which time the staff's
recommendation should be available. The Board then took up the agenda in
its original order.
75-10-28 1431 Orkla Drive Ma 20) Residential Floyd Boline:
The petition is for the waiver of Section
3.07 for 6.5' off the required 35� front setback distance
to a setback of 28.5� fram the East property
line along Orkla Drive to the proposed garage
addition only.
and for Section
3.07 3b for 1.5' off the required 12' sideyard setback
distance to a setback of 10.5' from the
North side property line to the Northwest
corner of the proposed garage addition only.
Present requesting the variance was Mr. Floyd Boline.
The Chairman noted Chere had been substantial changes in the plans for this
garage addition, The Board examined the plans and found that a new request
to be for the minimum variance necessary for this garage expansion. 'There
were no opposing property owners present.
Mike Sell moved to grant the variance as now requ�e��d based on the fact
that there is no other alternative for ex�and3ng the garage facilities on
this site. Motion seconded by LeRoy Anderson and carried unanimously.
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Board of Zoning Appeals
November 12, 1975
75-10-27 1620 Florida Ave. No. (Ma�l� Residential James M. Valkevich:
The petition is for the waiver of Section
3.07 for 1' and $' off the frontyard setback distance of
to setback of 34' and 27' from the North property
line to the respective existing Northwest and North-
east corners of the existing attached garage.
an3 for the waiver of Section
3.07 for 8' and 15' off the required 35' setback to a set-
back of 27' and 20' to the respective Northwest and
Northeast corners of the proposed garage addition only.
and for the waiver of Section
3.07 for 5.5' off the required 35' setback distance to a
setback distance of 29.5' from the North property line
to the Northeast corner of the proposed family room
only.
The Secretary reminded the Board that the waiver for the ;�xisting struc-
ture was granted last month. The Secretary also explained the telephone
conversations with Mrs. Valkevich. She indicated that they would not
pursue the additional variance for the garage expansion. There was no
one present to speak for the variance.
LeRoy Anderson moved to dismiss this item, seconded by Glen Christian-
sen, and so carried.
75-11-30 2924 Lee Ave. No. (Map 4� Residential John and Joan Walker:
The petition is for the waiver of Section
3.07 3b for 5.75` off the required sideyard setback distance
of 12.75' to a setback distance of 7' from the South
property line to the proposed garage addition only.
and for the waiver of Section
3.07 3b for 2.75' off the required 12.75' sideyard to a side
setback distance of 10' from the South property line
Co the existing dwelling only.
Present requesting the variance were Mr. and Mrs. Walker. The Chairman
reviewed the petim�on application and found it to be in order. Mr. Walk-
er described the proposed garage addition and explained why he couldn't
add the garage on any other part of his property. There was no one
present in opposition to the variance.
The Board noted that this was a minimum request.
Glen Christiansen moved to grant the variance as requested, seconded
by Walter Kost and carried unanimously.
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Board of Zoning Appeals
Noveml�er 12� 1975
75-11-31 1227 uebec Ave. No. Ma 16 Residential Ra Landkamer:
The petition is for the waiver of Section
3.07 3b for 8.475' off the required sideyard sethack di5tance
of 13.275 to a setback distance of 4.80' from the
South property line to the proposed garage addition
only.
Present requesting the variance was Mr. Ray Landkamer. The Chairman re-
viewed the petition and found it in order. Mr. Landkamer explained that
he was aware that he could build an additional gara�e without a variance
if it were a detached gara�;e, but that he would prefer adding to the pre-
sent attached garage.
The Chairman explained to the petitioner that it was difficult for the
Board to grant variances when there are alternatives available to the
property owner. Both Mr. Anderson and Mr. Christiansen expressed opposi-
tion to the proposed variance. The proponent asked if he could expand
the present garage by building additional garage space in tandem fashion,
and it was explained that, as long as a variance isn't required, he
could add to the garage as he wished.
Mike Sell moved to deny the request, seconded by Glen Christiansen, and
so carried.
75-11-32 4 Turnpike Road (Map 9) Residential Steve & Susan Harris:
The petition is for the waiver of Section
3.07 1 for .03' off the required 35' �rontyard setback
distance to a setback distance of 34.97' from
the North property line on Turnpike Road to the
existing house only.
and for waiver of Section
3.07 2 for 13.74' off the required rear yard setback
distance of 16' to a setback distance of 2.26'
from the South property line to the proposed
far�ily room addition onlv.
Present requesting the variance were Mr. and Mrs. Steven Harris.
* The Chairman reviewed the petition and found it to be in order.e�e.p.t�e�
a�°`�=_�� '''�� � -' a��-sr�-. Mr. and Mrs. Harris described their
i i c c.,tica—
proposed family room addition and presented pictures of the present struc-
ture.
The Board questioned the petitioners on alternative expansion plans. The
Chairman explained that the Board appreciated the petitioner's desire to
add to their house, but that the proposed variance would be hard to �ustify
in light of many other requests.
* (Corrected as moved in �ecemt�er 9, 1975 minutes)
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Board of Zoning Appeals
November 12, 1975
Walter Kost moved to deny the request for the variance allowing the pro-
posed addition and approve the request for the variance applying to the
existin�; structure. LeRoy Anderson seconded the motion, and it carried
unanimously.
75-11-34 1807 Zephvr Place (Map 1) Residential Benjamin H Simpson:
The petition is for the waiver of Section
3.07 for 18' off the required frontyard setback distance
of 35' to a setback distance of 17' from the East
property line along Zephyr Place to the proposed
single family dwelling only.
and for the waiver of Section
3.07 3c for 5'off the required 10' sideyard setback to a
setback distance of 5' from the South property
line to the proposed single family dwelling only.
Present requesting the variance was Mr. Ben�amin Simpson. The Chairman
reviewed the petition form and found it in order. There were several
neighboring property owners present. It was brought out tha� Mr. Simp-
son owns several lots at the end of Zephyr Place and Glenwood Partcway.
It was also noted that the lot at the South end of Zephyr Flace has a
severe grade and that building on this lot will be extremely difficult
even with a variance.
It was generally felt by the neighboring property owners that the lot
in question was not suitable as a building site.
Mr. Quist, who owns the lot to the North of the sub�ect, said that he
opposed a variance in the setback that would a11ow a house being built
closer to Zephyr Place than his own.
Mr. DeTuncq, who t�wns property nearby, was concerned that a variance on
this lot would lead to requests for variances on the other lots that
Mr. Simpson owns.
Mr. Melvin Erickson from 1812 York Ave. No. , said that he understood
Mr. Wilson's house built recently at the end of Zephyr Place was to be
the last house built on these tax forfeited lots.
The Chairman called the proponents and opponents togeCher and, after
some discussion it was agreed that a setback of 25 feet would be
satisfactory.
LeRoy Anderson moved to accept the waiver of 10 feet from the required
35 foot setback to a setback distance of 25 feet from the proposed dwell-
ing to the property line on Zephyr Place. The motion was seconded by
Mike S.ell and carried unanimously. LeRoy Anderson moved to deny the
requested sideyard setback variance. It was seconded b_y Walter Kost and
so carried.
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Board of Zoning Appeals
November 12, 1975
75__�__6-15 9235 Medicine Lake Road (�Iap 19) Commercial R. C. Ernst:
The �etition 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.
and for the waiver of Section
13.01 for 158 spaces of off street parking spaces from the
required number of 258 off street parking spaces to
a total of 100 parking spaces on the site.
and for the waiver of Section
5.05 B for 25' off the required landscaped area of 25' to
a landscaped area of 0' along the South 130' of the
East property line.
The Secretary reminded the Board that this item had been before them in
June, 1975. The Board discussed the route this item had taken to arrive
at the present request.
LeRoy Anderson felt that this item was improperly on the agenda since the
request had changed from the ori�inal and that there was not a new petition
application or a new filing fee, and that surroundin� property owners should
be natified of the new reguest.
LeRoy Anderson moved to strike this item from the agenda. It was seconded
by Glen Christian�en and the motion carried for one (1) aye and one (1) n�y,
Mike Sell being the one opposed.
There being no further business to come before the Board, it was on motion
duly seconded, adjourned at 11:00 P.M.
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Mahlon Swedberg, Cha' man � a es Ingemun on, Secretary