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12-09-75 BZA Minutes ���� c,"4'� �' MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARll OF ZONING APPEALS DECEMBER 9, 1975 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, December 9, 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 Swedberg, Chairman LeRoy Anderson Mike Sell Walter Kost Donald Hughes, Planning Commission Representative Mah�on Swedberg, Chairman of the Board presided and Jim Ingemunson actied as recording secretary. The secretary explained that there was an error in the minutes of the meeting of November 12th and that the following should be struck from the first sentence of the last paragraph on page four (4) "except for the fact that it did not contain a signature from the property owner most affected by the proposed addition°'. Donald Hughes moved to accept the minutes as correct, seconded by Walter Kost and so carried. The Chairman then discussed the order of the agenda for December 9, 1975. The Board agreed that the first item would be the most time consuming, therefore, it was felt that item, 75-12-35 and 75-12-36 should be heard first. Walter Kost moved to so reorder the a�enda, seconded by LeRoy Anderson and so carried. The first order of business then was 75-12-35. 75-12-35 Southeast corner of Decatur Ave. & 7th Ave. No. (Map 22) : Commercial Sizzler Family Steak Restaurant: The petition is for the waiver of Section 5.05 A for 10' off the required 35' landscape area to a landscape area of 25' along the property Iine on 7th Avenue No. only. and for the waiver of SecCion S.QS A for 20' off the required 35' landscaped area to a landscaped area of 15' along the property line on Decatur Ave. only. The Chairman reviewed the petition application and found it to be in order. Present requesting the variance was Mr. David Toushin and his brother, Charles, also as interested parties, their mother, Mrs. Toushin and a Mr. Bi11 McKay from Antler Corporation. ��� Board of Zoning Appeals December 9, 1975 Board member, Anderson, asked the petitioners ta explain the hardships involved that would �ustify this variance. Mr. Toushin explained that the parking requirements for their proposed restaurant were greater than the code requires in this instance and that a minimum of one-hundred (100) parking spaces are necessary to ��arantee success of their business. Donald Hu�hes asked the petitioner if Chey had considered a smaller restaurant and the Toushins explained that this was the standard size for this operation, and that they had not discussed a smaller building with the parent company which is Sizzler Family Steak. Mr. Toushin also explained that they had been looking for a site for six (6) months and that aside from the parking problem this site suited their requirements. The Chairman explained that hardships with an undeveloped parcel of ground generally meant hardships running with the land and not hardships involved in operating a particular business. Walter Kost moved to deny the waivers as requested, seconded by LeRay And- erson and carried unanimously. 75-12-36 9235 Medicine Lake Road �Map 19� Commercial R.C. Ernst: Mr. Ernst was present to request the variances. The Chairman reviewed the application form and found it to be in order. The Chairman also explained that this item has been before the Board in the past on more than one occasion, and that the members should be familiar with this site and the request. Also present were two (2) representatives of the church property ad�oining the sub�ect on the East boundary. They object- ed to any further encroaehments of the setback requirements along their ad- joining lot line. In their discussion of all three (3) variances requested, it was felt that this proposal was over-using the Property. Walter Kost moved to deny all three (3) requests, seconded by Donald Hughes. In discussion of the question, LeRoy Anderson felt that he might be in favor of a waiver that would allow extension of the existing building in line with the waiver granted for that existing building on the East side only. The question was called and the motion carried unanimously. LeRoy Anderson asked the secreCary to notify all the Board members when and if this appeal goes to the Council. 75-11-33 Louisiana Ave. & Marvland Ave. �Map 15) Residential Nick Losche�der: (Lots 1 & 4, Block l, Peterson's Valley View) (Losts 1,2, & 3, Block 1, Prospect Heights, 2nd) The petition is for Che waiver of Section 417 to allow construction of a single family residence on Lot 1, Block 1, Peterson's Valley View Addition. ��� Board of Zoning Appeals December 9, 1975 Present requesting the variance was Mr. Nick Loscheider. The Chairman reviewed the petition and found it to be in order. The sec- retary explained some of the background led up to this point and explained that two (2) primary issues in question were: �.. Does the Board of Zoning Appeals have the authority to grant a variance for constructian below the stated Flood Plain elevationY 2. Does the Board of Zoning Appeals have the authority to disagree with the Flood Plain elevation as established by the Bassett Creek Flood Control Commission? The Board discussed these issues in general and it was felt that the ord- inance is very specific in not allowing a waiver bel.ow the established Flood Plain elevation. LeRoy Anderson moved to make it the opinion of the Board that a waiver cannot be granted according to the ordinance, below the established Flood Plain elevation, seconded by Walter Kost and carried unanimously. The issue of establishing the final F1ood Plain elevation for the lot in question tonight was made unclear by the fact that the Bassett Creek F1ood Control Commission has not yet adopted a final set of Flood Plain elevations. The question o� disagreeing with the experts, as far as the Flood Plain elevation is concerned, was discussed but not resolved. The Board also discussed Mr. Loscheider's specific request to change the F1ood Plain elevation for Lot 1, Block l, Peterson's Valley View Addition from 877 feet to 875 feet. There was some discussion of the possibility of sending a letter to theBassett Creek Flood Control Commission stating that the Board would establish a Flood Control elevation of $75 feet for this site, and if no re�ly was received within thirty (30) days, that would be final. There were no motions on this proposal. At this time, the meeting was interrupted by a fire alsrm and the Board members moved to the East entry hall where the meeting continued. LeRoy Anderson moved to deny the request for a change of the Flood Plain elevation on Lot 1, Block, Peterson's Valley View Addition based on the fact that at the present time the elevation had been established by Bassett Creek Flood Control Commission at 877 feet and on Mr. Westlake's interpert�[tic�n in his report. The motion was seconded by Walter Kost and carried unanimously. There being no further business to come before the Board, it was on motion duly seconded, ad�ourned at 10:30 P.M. , , �j G'` ` �i{i"�6'�-��`(.�.,-.r. Mahlon Swedberg, Chai n Ja e Ingemuns n, Secretary