08-10-76 BZA Minutes ���
a� .� �
MINUTES OF A REGULAR MEETING �F THE
GOLDEN VALLEY BQARD QF ZONING APPEALS
AUGUST 10, 1976
The reqular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, August 10, 1976 at the Golden Valley Civic Center, 7800 Golden Valley
Road, Golden Valley, Minnesota. This meeting was called for 7:d0 P.M, to allow
ane and one-half (1 1/2) haurs for a joint informational meeting between the
City Council and the Board of Zoning Appeals. The fallowing members were present:
For the City Cauncil: Mayor, Robert Hoover
Councilwoman, Mary Anderson
Councilwoma n, Rosemary Thorsen
Councilman, Stephen Swartz
For the Board of Zoning Appeals: Chairman, Mike Sell
Walter Kost
Mahlon Swedberg
h�r. Glen Christiansen was present at 8:30 P.M. for the regular meeting of the
Board of Zoning Appeals.
The purpose of this joint meeting was to attempt to establish better cornrnunications
in, problem solving with the Board.
A replacement for former Board member LeRoy Anderson was discussed and the Council
indicated this would be done in the near future. Chairman Mike Sell expressed
his views on the desirability of someone with previous experience that would relate
to the operations of the Board of Appeals when appointed.
A thorouqh discussion was held with each Council member and each Board member
exc hanging and presentina their views on the functions of the Boa rd of Zoning
Appeals, and the Baard's relationship and operations as they pertain to the
Council . Items of particular note were the corr�nunications between the Board and
City Council . The desirability of further clarification and reasons for waivers
when qranted, and especially on waiver requests when they are denied,would be
included in future minutes of the Board. It was agreed that on a denial , the
reasons for denial will be placed with the motion when made and sa recorded.
The waiver request presented most often before the Board is for garages, either
attached or detached, and in many instances this may include a family room
adjacent to or a bove the qarage when attac hed.
The 15' side lat requirement and the 20' (garage to house� sepa ration was reviewed.
It was noted that the 100' lot widths and the 15' side lot setbacks had established
an especially desirable quality to the City �rith the green area it provides and
the openness between buildings.
The life, fire, safety considerations as they apply were discussed with the Council ,
indicating a future meeting with the Director of Public Safety. On this, Mayor
Hoover initiated the discussion on his opinion and feelings on the economics
involved in Board of Zoning Appeal 's decisions. It was generally felt that
���
.� � �:,
Board of Zonin� Appeals
August 1Q, 1976 page 2
economics were not necessarily related c�nly to a financial hardship, but rather
to what would a waiver if qranted, for example, do to upgrade the value of the
property being considered, the stability of the nei�hborhood it may provide, and
in effect, the overall benefits to the individual and to the community that may
result. Councilman Steve S�►artz suggested that the Board of Zoninq Appeals
review, among the Baard members, future attitudes toward flexibility and standards
of B.Z.A. actions, and the Board to r�aintain liaison with the Cc�uncil .
The joint meeting adjourned at 8:30 P.M.
The regular meetinQ of the Golden Valley Board of Zoninq Appeals was called to
order by Chairman Mike Seli at 8:30 P.M. As previously noted, those present
were Chairman Mike Sell, Walter Kost, Glen Christiansen, and Mahlon Swedberg.
Also present was Lloyd Becker, staff liaison and �ecordinq� Secretary.
The first order of business was the consideration of the minutes of the meeting
of July 13, 1976. Chairman Mike Sell and Mahlon Swedberg called attention to an
omissfon in the minutes concernin4 procedure in the case of Sherwin Alpert,
1530 t�est Constance Drive. The minutes are amended to read "Durina the discussion,
it was noted by the Board that an existing sinple car detached garage on the south
side of the property could be easily expanded to a double car garage, and the
possibility of constructian of a family room ca�+ld be done without a need for
waivers. During discussian, the Alperts and their contractor revised their
request to 5' off the required 15' to a distance of 10' from the property line
to th� pro posed aarage.
hlahlon Swedbera moved and �len Christiansen seconded the motion to approve
the variance subject to the conditions that the existinq single car aaraqe be
removed and never rebuilt, and that the Alperts comply with all Ordinances a.nd
any deed restrictions if they exist and valid. The motian was called and upan
vote Mahlon Swedberc� and rlen Christiansen voted yes, and Sell , Rnderson, and
Lundsgaard vnted na.
This motion and action was questioned later in the meeting and a second motion
to deny Alpert's petition was made by LeRoy Anderson, seconded by tAJarren Lundsgaard,
and upon vate, 3 nays and 1 aye, with Mahlon Swedberg questioning the necessity
of the second motion. "
The Alperts ap�ealed the Board of Zoning Appeal 's action to the City Council on
Monday, July 19' ��7F). The appeal was 4ranted and the City Council meeting
minutes reflect their action and are on file for use when the buildinq permit
is applied for.
R. C. Ernst Clarification of t�aiver Granted June 8, 1976
(Use of �asement Stora e Area)
The Golden Valley City staff requested clarification fr+�m the Board of Zoning
Appeals on their action to qrant Mr. R. C. Ernst a waiver as requested at tf�e
June 8, 1976 meeting.
���
Board of Zoning Appeals
August 1Q, 1976 page 3
Mr. R. C. Ernst was present at the meeting. Lloyd Becker, staff liaison,
presented the Board with a plan which Mr. Ernst had submitted to the Building
Depa rtment whic h outlined his use of the basement area of his proposed building
additian. This plan was presented after the Board of Zoning Appeal`'s action on
June 8, 1976. The plan was dated July 12, 1976.
Chairman Mike Sell reviewed the approved minutes of the June 8, 1976 meeting
�rhich called attention to the Board's intent on use of the basement area.
Mr. Ernst questioned thi� action. Upon further discussion, Mahlon Swedberg moved
to lay over an opinion on Mr. Ernst's plan and seek a review from the Golden Valley
City Attorney and also review all previous Planning Cor�nission, Council , and B.Z.A.
minutes from the inception of this proposal . This motion was seconded by Glen
Christiansen, and upon vote, carried unanimously.
76-8-19 1612 Gettysburg Ave. N. (Map 20) Residential L�illiam R. Manley
The p�t�t�on is for the waivPr �f Section
3.12 (1 ) (Accessory Buildings) and
3.07 (1 ) for 5' off the required 35' setback to a distance of 30'
from the front lot line to .the proposed garage, and
3.12 (1 ) for 2' off the required 20' house to �arage separation.
The Chairman reviewed Mr. Manley's petition and found it in order. �
Mr. Manley was present at the meeting. The Board noted that this property
was unusual as the house was set back at a much qreater distance than others
in the biock. The steep hill in front did not make it practical for a gar.age
in any other area on the property. Mr. Manley explained that most of the garage
would be in the hillside, that the roaf would be concrete and the structure
totally of concrete. block. This type of construction is virtually fire proof.
Mahlon Swedberg felt esthetics entered into this situation, and it should be
reviewed by the Buildinq Board of Review at its August 17, 1976 meeting.
Glalter Kast moved to approve the petition subject to the Building Board of Review
as ns�ted. Glen Christiansen seconded the motion. Upon vote, the motion to approve
carried unanimously.
76-8-20 5360 C.ulver Road (Map 4) Residential David Witucki
The �etition is for the waiver af Section
3.07 (3) for 5' off the required 15' sideyard setback
to a distance of 10' from the east property line
to the proposed garage addition.
Mike Sell, Chairman, reviewed the petition and found it complete.
Mr. & Mrs. Witucki were present for the hearing. The Board questioned Mr. �litucki
and reviewed his needs for the garage and how it would be constructed. It was
noted durin� discussion that the adjacent property owner was 55' away from his
property line on the side that Mr. !�iitucki praposed his garage addition.
��
�_r� ���_
Board of Zoninq Appeals
August 10, 1976 page 4
Mahlon Swedbera moved to grant the �aiver as requested, noting the 55' distance
of the neiahbor. tlalter Kost seconded the motian. Discussion was called, and
upon vote the motion to approve carried unanimausly.
76-8-21 Lot 4 Block 2 Lamplighter Estates 3rd Addition (Map 11 ) Residential
Alvin B. Pietia, 11800 Co. Road #15, Plymouth, Minnesota
The petition is for the waiver of Section
3.02 for a two family dwellinq in a residential area, and
3.041 for 34' off the required 150' width for two family dwelling
(total lot area 21,228 square feet).
The request was reviewed and found to be in order by Chairman Mike Sell .
Mr. � Mrs. Pietiq were present for the meeting.
Mr. William J. Thomas, 2511 Douglas Drive, was �resent at the meetinc� but had to
leave prior to the proposal being heard. htr. Thomas asked the Recording Secretary,
Lloyd Becker, to note his presence and to record that he and his wife objected to
the double bungalow being built.
Mahlon Swedberq stated that, in his opinion, a single family dwelling in all
prabability would never be built on the property, considerinq traffic flow, lot
size, and that approval of this proposal may set a tone for additional improve-
ments in the area. Glen Christiansen noted that a proposed development to the
rear of this lot is currently being considered by the Planninq Commission and
questioned the effect on this if this proposal was approved. The Board reviewed
other double homes in the corranunity. �Ialter Kost noted the Comprehensive Plan
for this area, but that individual lot consideration may allo[� some variance in
this situation. Mr. Pietig had pictures of a similar type home he has built in
ad,jacent cammunities and described the praposal in detail .
Mahlon Swedbera moved ta grant the petition as presented. The motion was seconded
by 6{lalter Kost. Upon discussion, vote was called. The vote was to approve,
3 ayes and 1 nay. Kost, Swedberg, and Sell approved. Christiansen voted no,
motion carried.
The plot plan, as presented, was signed and dated by Mike Sell , and the approp-
riate permits will be issued in accordance. The �lot plan will be placed on
file as a permanent record.
A letter was received from Mr. Clare Volp, 775 C�lorado Avenue South, Golden
Valley. Mr. Volp noted that the variance he had agreed to on July 13, 1976 was
unacceptable to his tenants in his buildin� and would be economically and
physically impossible for him. He will not construct his proposed addition under
this situation. Mr. Volp requested his �lan noted as Exhibit "A" be returned to
him if passible.
The Board reviewed Mr. Volp's letter. It was noted, if no action was taken by
Mr. Vol� within one year, the variance is automatically void. Exhibit "A" is
part of the record of the proceedings and must remain on file.
� �
���
Board of Zoning Appeals
August 10, 1976 page 5
The Board discussed several administrative items, and there being no further
business to come before the Board, it was on motion, duly seconded, adjourned
at 11 :00 P.M., August 10, 1976.
>
Mike Sell , C airman L oyd B c er, e rding Secretary