11-09-76 BZA Minutes ��_����,
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
November 9, 197b
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, November 9, 1976 at the Civic Center, 7800 Gotden Valtey Road,
Golden Valley, Minnesota. The following members were present:
Chairman Mike Sell
Donald Hughes
Glen Christiansen
Watter Kost
Mahlon Swedberg
Lloyd Becker, staff liaison
Members absent: None
The Board met promptly at 7:30 P.M.
The first order of business was consideration of the minutes of the previous
meeting of the Board of Zoning Appeals held October 12, 1976, copies of which
had been distributed to the Board.
Chairman Setl reviewed the minutes with the Board and there being no o�issions,
errors or corrections Mahlon Swedberg moved to approve the minutes for
October 12, 1976 as presented. Glen Christiansen seconded the motion. Upon
vote, the motion carried unanimously.
76-10-28 3425 Terrace Lane (Map 1 ) Residential Carotyn S. Bakken
The petition is for waiver of Section
3.12 (1 ) for 16' off the required 20' house to garage
separation to a distance of 4' from the house.
(Note: revised plan requests 12' off the required
20' to a distance of 8� to the proposed garage.)
Mrs. Bakken was present for the hearing.
Chairman Sell reviewed the application with the Board. Mrs. Bakken revised
her plans with her builder and now asks to construct the garage 8 feet from
the house.
Mahion Swedberg noted that this is clearly a terrain problem and to construct
the garage any further from the house woutd be extremely difficult and costly.
Mahlon swedberg moved to approve the request to construct the garage as shown
on the revised plot plan at a distance of 8' from the existing home. The
motion was seconded by Glen Christiansen, Upon vote, the motion carried
unanimously.
76-11-31 3900 6lenwood Avenue (Map 8) Residential Roqer A. Hammer
The petition is for waiver of Section
3• 12 (1 } for 15' off the required 20' house to garage
separation to a distance of 5' between the house
and proposed garage.
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Board of Zoning Appeals
November 9, 197b page 2
Mr. Hammer was not present when his request was scheduled. Chairman Sell ,
with approval of the Board, moved to the next item on the agenda with
Mr. Haamer to be heard later if he arrives.
76-11-32 705 Pennsylvania Ave. South (Map 18) Industriat Liberty Carton Co.
The petition is for waiver of Section
7.055 to allow present inside docking a�d loading area to
be eliminated and outside docking facilities to be
established per waiver request.
Mr. Ben Fiterman was present for the hearing. Mr. Fiterman was accorr�anied by
severai representatives of Liberty Carton Company. Mr. Fiterman reviewed his
request with the Board and the materials as presented in his petition relative
to energy conservation. Ne described his firm's feelings for energy and the
extensive efforts they have made as a leader in their industry toward conser—
vation of energy and their unique systems installed in their plant.
Liberty Carton' s engineer stated that their figures indicated a savings of
approximatel� 3 million cubic feet of gas could be saved annually if outside
docking facilities as presented were utilized.
In summary Mr. Fiterman said his basic purpose for his request is energy
conservation and to some extent health considerations of his err�loyees, in
a more efficiently heated loading area.
Mahlon Swedberg noted that energy conservation may be a policy requirement to
be judged or set by City Council or by State and Federal laws.
Chairman Mike Sell agreed and said enabling legislation may be required for
any decisions related to energy conservation and present zoning requirements.
Mahlon Swedberg moved to deny the petition for the following reasons:
1 . No hardship exists
2. There is no need indicated for additional space
3• No need for additional parking
4. The existing loading area primarily serves subsidiaries of Liberty Carton
5. Liberty Carton has other alternatives for energy conservation in the
interior of the dock area
Walter Kost seconded the motion. Discussion was catled for.
Glen Christiansen called attention to the fact that present ordinance requi�e—
ments do not altow loading docks on the street side of a building and this is
the primary reason for deaial .
Upon vote being taken the motion to deny the request as presented was unanimous.
The Board cortmended Mr. Fiterman on the very fine efforts his firm had made
in energy conservation.
Mr. Fiterman stated his firm will continue their efforts and work through
City Council and State or Federal Agencies as necessary.
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Board of Zoning Appeals
November 9, 1976 page 3
76-11-33 2435 Xylon Avenue North (Map 19) Residential Paul A. Moquist
The petition is for waiver of Section
3•07 B for 1 ' 1" off the required 15' sideyard set—
back to a distance of 13' ll" from the south
property line to the proposed garage addition.
Mr. Moquist was present for the hearing.
The Board reviewed the lot division between Mr. Moquist and his adjoining
property owner, which allowed the property line to be adjusted so only a
minimum waiver would be required to construct his garage addition and
remodel to provide a family room.
Oonald Hughes reviewed the proceedings conducted with Mr. Moquist and the
Planning Commission on the lofi division. The City Council had approved the
lot division.
Glen Christiansen moved to approve a waiver of 1 foot and 1 inch from the
required 15 foot sideyard setback to a distance of 13 feet 11 inches from
the property line to the closest point of the proposed addition and subject
to a stake being set by a registered surveyor for the Building Inspector' s
reference when the concrete is ready to pour.
Walter Kost seconded the motion. Upon vote, motion to approve carried
unanimousty.
76-11-34 Lot 7 Block 4 Mary Hills Addition (Map 5) Residential (Bette Pettit)
Odell Petersen Realtors, Inc.
The petition is fior waiver of Section
3.042 to allow a two—family dwelling in a residential
area, and waiver ofi square footage requirement.
Carol Nemitz, agent for Bette Pettit, was present at the hearing.
Carol Nemitz is a sales representative for Odell Petersen Realtors, Inc.
Mike Sell reviewed the petition and found it in order.
Carol Nemitz reviewed the reasons for the request for a double bungalow
on this lot. She stated that as shown on the plot plan they had been able
to meet ali sideyard and front and rear setbacks. The plot plan had
figures on it indicating 15,000 square feet of property existed on the lot.
Chairman Sell and the Board computed the square footage from the registered
survey and noted the lot was actually short 5,000 sq. ft. of the required
18,750 square feet for a two—f�nily dwelling.
Glen Christiansen moved to deny the petition based on the plot plan showing
15,000 square feet available when in effect it was more like 13,000 sq. ft.
Walter Kost seconded the motion. Upon vote, motion to deny the request as
presented was unanimous.
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Board of Zoning Appeats
November 9� 1976 page 4
76-11-35 1710 Douglas Drive North (Map 11 ) Business & Professional Offices
Arlene E. Swanson (Swanson � Associates, Inc.)
The petition is for the interpretation of Section
10.02 , _ , descri bed i n phrase ''Sal e by Sarr�l e"
Mr. and Mrs. Swanson were present for the hearing. They were accompanied by
their attorney, Mr. John Cairns.
Donald Hughes read aloud the appropriate sections of the ordinances for
Business and Professional use and for Industrial use.
John Cairns pres�nted his views on interpretation of 'Sale by Sample" as
described in the Business and Professional Office Ordinance and as he felt
it applied to the present operations conducted by Swansons.
Mr. Swanson reviewed his operations for approximately the last ten years,
with the Board. He described in detail exactly what is done at the building
and referred several times to it being a Pilot Plant type operation with its
products there considered by clients for future market ability.
Mr. Swanson noted that he had financial commitments available to him to
establish a Pilot Plant type of operation and that if successful , approximately
a three year period would be required for development of the product, test
marketing and construction of a new building for full produetion.
Mahlon Swedberg described his interpretation of "Sale by Sample" as a situation
where no production on the premises occurs, where no large amounts of goods
are stored for future sales and the site be used much as a manufactures repre—
sentative where individual items are displayed and then orders for those
sarr�les are taken.
This description of "Sal4e by Sarr�le" was discussed thoroughty by all Board
members.
Mahlon Swedberg moved that the Board of Zoning AQpeals interpret "Sale by S�nple"
as a situation whereby sale is made by disptay of a limited quantity of inerchan—
dise, where no inventory is maintained, and where no production takes ptace.
Walter Kost seconded the motio�. Upon further discussion, vote being taken,
vote was unanimous for approval of the motion as stated.
76-11-36 700 Louisiana Avenue North (Map 18� Industrial Hoben Properties, Inc,
The petition is for waiver of Section
7.05 and 7.051 for 5' off the required 45' setback on
Location on lot and Laurel Avenue to a distance of 40' from the
Yard Requirements property line.
13.01 for 11 parking spaces from the required
Off Street Parking 87 spaces to 76 parking spaces on the site.
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Board of Zoning Appeals
November 9, 1976 page 5
Mr. Hoben was present for the hearing.
Chairman Sell found the petition in order. The Board reviewed Mr. Hoben' s
plans, the setback requirements and also the parking requirements.
The Board discussed the possibility of reducing the size of the building so
a setback waiver would not be necessary.
Mr. Hoben reviewed generally how he felt business would be conducted at the
site and the approximate number of employees working there. It was expected
that in reality the need for all required parking v�uld never actually be used.
Mahlon Swedberg noted that considering costs of piling ar soil stabilization
required to develop this site also the City Ponding Area being developed
across tk�e street he coa]d understand Mr. Hoben' s desire to develop the site
as presented to the Board.
Mahlon Swedberg moved to approve the request in accordance with plans as
presented for 5 feet off the required 45 foot setback on Lauret Avenue to a
distance of 40 feet from the property line to the building along Laurel Avenue
and for a waiver of 11 parking spaces from the required 87 on the site.
Glen Christiansen seconded the motion. Upon vote being taken, the motion
carried unanimously.
Chairman Mike Sell signed and dated the plan as approved.
Mr. Roger Hammer was now present at the meeting and Chairman Sell , with the
Board's approval , took Mr. Hamner' s petition for consideration
Chairman Sell reviewed the petition and found it in order.
Mr. Hamner reviewed his request with the Board and clarified why the concrete
slab had already been pvured for the structure.
The easements to the adjacent property to the rear wer� reviewed with Mr. Hammer
and that property owner. The Board questioned Mr. Hammer on the possibility
of removing the existing smalt attached garage and thereby increase the
separation distance. Mr. Harrmer said this was a possibility but not
financially feasible at this time.
Mahlon Swedberg moved to approve the request as presented subject to a fire—
wall on the garage side adjacent to the house.
Walter Kost seconded the motion and upon vote being taken, carried unanimously
to approve.
76-11-37 1314 Orkia Drive (Map 20} Residential Donald Hughes
The petition is for waiver of Section
3.07 (2) Rear Setback for 12.9' off the required 30.3� to a
distance of 17.4' from the rear property line.
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Board of Zoning Appeals
November 9, 1976 page 6
Mr. Hughes rerr�ved himself from consideration on this matter as a member of
the Board of Zoning Appeals.
Chairman Sell reviewed the petition and found it in order.
Chairman Sell read the attached letter explaining the request for the setback
variance at the rear property. The existing home has no basement because of
a water condition in the area. The house has only two bedrooms and has
approximately 960 square feet in living area.
Glen Christiansen moved to approve the request as presented for 12.9� feet off
the required 3�•3 feet to a distance of 17.4 feet from the rear property line
to the proposed addition.
Walter Kost seconded the motion.
Discussion was called for and Mahton Swedberg noted that because of the
contour of the la�d, design of the existing house, and that the addition did
not detract from the neighbors view in the area, he could look favorably on
the request.
Mike Sell called attention to the odd lot size.
Chairman Selt called the motion and upon vote bei�g taken with four mernbers
voting, it was unanimous for approval .
The Chairman discussed several a�ninistrative items with the Board. A letter
from Mayor Hoover was discussed regarding proposed guidelines for commission
procedures. Chairman Mike Sell was authorized by the Board to submit a reply
on behalf of the Board of Zoning Appeals.
There being no further business to come before the Board, it was on motion,
duly seconded and upon vote being taken the meeting was adjourned at 11 :45 P.M.
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Mike Setl , Chairman loyd ecker, Recording Secretary