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04-12-77 BZA Minutes � ,��� �!� �_. MINUTES OF A REGULAR MEETING OF THE GOLOEN VALLEY BOARD OF ZONING APPEALS April 12, 1977 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, April 12, 1977 at 7s30 P.M. at the Gotden Valley Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Soard members were present: Mike Sell Mahlon Swedberg Donald Hughes Walter Kost Glen Christiansen Lloyd Becker, Secretary and Staff Liaison Members absent: None. Lloyd Becker, Secretary to the Board of Zoning Appeals, called the meeting to order promptly at 7:30 P.M. Chairman Mike Sell did not assume the chair at this time as election of a new Chairman of the Board was required by ordinance at this time. Upon discussion, Mahlon Swedberg moved to appoint b�alter Kost as Chairman of the Board of Zoning Appeals. Glen Christiansen seconded the motion. Upon vote the motion carried unanimously. Walter Kost assumed the chair as Chairman of the Board of Zoning Appeals. The first item of business was approval of the minutes for the meeting hetd March 8, 1977, copies of which had been previously distributed to the Board. Upon review, Mahlon Swedberg moved to approve the minutes as presented. Glen Christiansen seconded the motion. Upon vote it was unanimous to approve the minutes as presented. 77-4-7 2080 Major Circle (Map 5) Or. Joseph F. Bocktage The petition is for the waiver of Section 16.00 Flood Plain Ordinance — to construct a residential swimming poot within the Flood Plain elevation. Dr. Bocklage was present for the meeting. Chairman Kost reviewed the petition and found it in order. The Board asked in detait how the pool would be constructed, exactly its retation to the Flood Plain contours and how it would appear from various angles. Dr. Bocklage explained these questions and his reason for wanting the pool . He also noted that approximately two years ago he had spent a considerable sum of money in landscape and site improvement and there was no requirement at that time for Flood Plain consideration. It was on application now to buitd the pool that he was made aware that Flood Plain requirements were now existing. In accordance with the Flood Plain ordinance the Director of Inspections had forwarded letters to the DNR, Bassetts Creek Flood Control Commission and �� �� ��:�� Board of Zoning Appeals April 12, 1977 page 2 Barr Engineering. This was dated March 28, 1977-45 days are allowed for a reply and it was noted by Lloyd Becker that at this date no reply had been received. Mike Sell moved that due to the lack of information at this time from the required board and comnissions, this matter be deferred to the next scheduted meeting of the Board of Zoning Appeals. Donald Hughes seconded the motion, upon vote it was unanimous to defer. 77-4-8 8545 Julianne Terrace (Map 20) Albert Wm. Arendt The petition is for the waiver of Section 3.07 for 13' off the required 35' front setback to a distance of 22 feet from the front lot line to the closest point of the proposed garage. Mr. Atbert Wm. Arendt was present for the petition. Chairman Kost reviewed this petition and found it in order. The Board discussed with Mr. Arendt his reasons for desiring to locate this addition to the front of his home. Mr. Arendt explained that the present tuck-under garage was hard to heat and expensive to heat, that this made it uncomfortable to use a lower room with an expensive fireplace and also explained that he desired the additionat room. Mr. Arendt was asked why he did not locate this addition on the side and to the rear of his dwelling. He explained the angle of construction and driveway, the removal of expensive and mature landscape and also the esthetics this would involve. Mahlon Swedberg stated that this was an extremely large variance request con- sidering the length of the garage and also questioned that being on a corner visibility was involved. Mr. Arendt stated that to him this was the only feasible proposal he could devetop. Mahlon Swedberg said that this proposal , if granted, may be suitable for Mr. Arendt but if this property were sold the surrounding neighbors forever after have the results of the variance if granted in this area. Glen Christiansen asked Mr. Arendt what advice, if any, had he received from staff. Mr. Arendt' s reply was none. Mahlon Swedberg moved to deny the request as presented. Mike Sell seconded the motion. Upon vote it was unanimous to deny. 77-4-9 6306 Golden Valley Road (Map 16) Eleanore M. Ferguson The petition is for the waiver of Sectians 3.041 , to permit a two-family dwelling in a residential zone, to permit 3.07 (1 ) construction with less than the required 18,750 square feet, and for 3.02 (1 ) 9 feet off the required 35 foot front setback at Dougla� Drive. � � � . _ _-� �_:, Board of Zoning Appeals April 12, 1977 page 3 hlr. Ferguson was present for the hearing and was represented by his architect, Mr. Sheldon Bernstein of Golden Valtey. Chairman Walter Kost reviewed the petition and found it met the requirements for the Board. Chairman Kost called to the Board' s attention that for compari- son, the existing double bungalows across the street to the east of Douglas Avenue were allowed under that section of the Zoning Code which provides for that construction if they are abutting property of a heavier use. The abutting property in that case being muttiple zoning. Mr. Bernstein made a detailed explanation of the proposal , the type of building, the reason for land use, and the type and use of the property around this proposal . Glen Christiansen stated that this is a sizeable request for waiver of the square footage requirements as 18,750 sq. ft. is required and 14,426 sq. ft. as com- puted by the registered surveyor was available. The Board discussed the future of Douglas Avenue at this point and Mr. Bernstein explained his conversation and research with the County on this matter. He stated that the County reviewed possible widening plans about four years ago but that no firm plans are made for the next 5 years and that he was advised by the County to pursue his proposal . Mr. Ferguson explained that he had several legal opinions that the vacant land along the south side of his property along Golden Valley Road had been abandoned by the County and that the actions of the Hennepin County Board when this was done was confused and he felt the property if it had reverted to him would have provided him the required square footage now desired. Mr. Ferguson said this would r�quire considerable expense on his part to pursue this. Lloyd Becker stated to the Board that as the City of Golden Valley has utility lines in this area as well as Minnegasco, that Staff could research the back- ground of this property as it relates to the interests of the City and the results of this should canfirm previous actions including that of the Hennepin County Board in this matter. This may provide the Board and Mr. Ferguson with further information in making any decision. Mahlon Swedberg said he felt that all alternatives for development on this lot had not been pursued and again noted his concern for the lack of some 4000 square feet of land in this proposal . Mike Sell felt the concept was fine and that more and rriore requests for two- family dwellings will be coming before the Board. He also said the lack of square footage was the major factor. Donald Hughes felt all means had not been exhausted on this proposat , Mr. Bernstein asked to consult with Mr. Ferguson on how he wanted to proceed in this matter inc1uding further information if possible from staff on the adjacent south property in question. Glen Christiansen moved to defer this matter to the next meeting of the Board of Zoning Appeals. Donald Hughes seconded the motion. Upon vote it was unanimous to defer. �,� �,'„;�;, > Board of Zoning Appeats April 12, 1977 page 4 77-4-10 2231 Lee Avenue North (Map 5) James Halek The petition is for the waiver of Section 3.07 for 10' off the required 35' front setback at Lee Avenue to a distance of 25' from the front lot line to the propflsed dwelling Chairman Kost reviewed the petition and found it in order. Chairman Kost noted that under the required signatures the owners of 2201 Lee Avenue and 2241 Lee Avenue signed the petition as undecided. Mr. Larry Reger was present representing H & A Construction and stated that he could not contact two parties on Spruce Trait to the rear of this proposal . Mr. � Mrs. Walter Zobel owners of the property involved in this petition were present at the meeting. Dr. & Mrs. Kane and Mr. Robert Waataja, adjacent property owners, were also present for the hearing. This waiver is a similar request to a waiver granted in 1975 and which for lack of construction tapsed after a one year period. Mr. Reger explained his proposal and had complete btue prints of the colonial type of home proposed for this site. He noted it was an expensive and sub- stantial home designed in keeping with quality homes in the area. Or. Kane stated that this area was unusual and distinctive in the manner it was developed noting that most of the homes were constructed requiring waivers and a contemporary style had been developed in this area utilizing and considering the waivers as required, such as Flood Plain requirements and setbacks. It was noted that a present home now under construction at Lot 1 Block 2 Heathbrooke 2nd Addition Revised, located on Lee Avenue was designed to utilize a difficult building lot and was designed also in keeping with the surrounding homes in the area. This dwelling was granted waiver also for construction at the March 8, 1977 meeting of the B.Z.A. Mr. Reger clarified that the present home proposed by H &� A Construction was not designed for an individual owner at this time but was to be built for sale by the contractor. Mahlon Swedberg moved to grant the request for 10' off the required 35' setback on Lee Avenue to a distance of 25' from the front tot line to the proposed dwelling subject to the condition that any proposed structure conform to the general architecture of the immediate neighborhood and that plans for any pro- posed structure be submitted to the Building Board of Review to insure this is done and the Staff to insure that adjacent property owners as required be notified of any hearing when scheduled to the Building Board of Review. Mike Sell seconded the motion. Discussion on the motion was called for. Donald Hughes and Mike Sell noted that they are considering this motion with its requirements primarily because the proposed home was for speculation on this lot� ,-, ;� i:_�-�- ,:_�-=_;`�;_ Board of Zoning Appeals April 12, 1977 page 5 The rr�tion was called and upon vote it was unanimous to approve the waiver as requested subject to alt conditions as stated in the motion. l�nap�� 77—�+-11 Noble Avenue North & Golder� Valley Rd. (Lot 3 Block 1 Pankonie Addn. ) Nick Loscheider The petition is for the waiver of Section 3.041 to altow for a two—family dwelling in a residential area and for 25.9' off the required i50' lot width at the front buiTding setback line to a lot width of 124.1 ' at this point. Mr. Loscheider was not present when this petition was ready for consideration. Mrs. Loscheider was present and asked that their petition be moved to the last of the agenda. Mahlon Swedberg moved to grant the request. Glen Christiansen seconded and upon vote the petition was moved to last on the agenda. 77-1+-12 1550 Natchez Ave. S. (Map 10) Adams Construction Company, Inc. The petition is for the waiver of Section 3.07 for 10� off the required 35' setback at Douglas Avenue to a distance of 25' from the tot line to the proposed dwelling. Mr. George Harrison and Mr. Adams were present for the meeting. Chairman Kost reviewed the petition and found it in order. There were two examples presented by the proponents — one showing how a house could be built on this lot within the required setbacks and one showing the location and size with the requested variance. The primary interest expressed by Mr. Harrison was that they could build a more substantial home in keeping with an adjacent structure they recently completed and sold. The proponents had no definite plans at this time for the Board to consider. Walter Kost noted that on the proposal requesting the variance the structure actually could be legally located closer to the north lot line and a lesser variance could be required. The waiver request as agreed at this time was adjusted to 8' off the regular 35' setback to 27' off the lot line at Douglas Ave. Mike Sell noted all options on this lot had not been explored and as the home would be constructed for speculation it could be adapted to the site with no waiver. Mike Sett moved to deny the request as presented. Glen Christiansen seconded this motion. Discussion on the motion was called. At this time the proponent said if given rrbre time he could present detailed plans and has an architect working at the present time. Mike Selt withdrew his motion to deny and Glen Christiansen withdrew his second to the motion. �� �- �- ,.;',` � Board of Zoning Appeals April 12, 1977 page 6 It was then moved by Mike Sell and seconded by Glen Christiansen to defer the proposal to the next scheduled meeting of the Board of Zoning Appeals. Upon vote, motion carried unanimously. 77-4-13 Lot 2 Block 2 Skyline Plaza (Map 17) Golden Valley Retirement Home Paul Pink/Marshall Lenin & Associates, Inc. The petition is for the Waiver of Section 11 .03 Height 11 .06 Yard Requirements 11 .07 Setback Requirements 13•� Parking Requirements as proposed Paul Pink was present for the hearing. The Chairman reviewed the petition noting that some informational meterials had been delivered by Paul Pink and Associates only the evening before, that a registered survey was not available subject to platting being completed and notices could not be sent to the appropriate individuals involved due to lack of information. Mahlon Swedberg moved to defer the request for one month. Glen Christiansen seconded the motion and stated he needed more time to review materiat which had been delivered only the night before. Upon vote, motion to defer was unanimous. The Board allowed Mr. Pink 20 minutes for an informational presentation at this time. Glen Christiansen noted that at the present time parking is a probtem on the Trevilla site. Mr. Loscheider was now present at the meeting and as the last item on the Agenda the Chairman reviewed his petition. Chairman Walter Kost noted that two signatures on Spring Valley Road and one on Noble Avenue were not on the petition as required. Mr. Loscheider noted that he had eontacted these people however, they did not want to discuss the proposal . Mr. Loscheider explained the type of dwelling he proposed to construct. He . noted that because of fill , residue, and poor soil , several previous attempts to develop this site had been dropped and that the costs involved prohibited single family construction. Staff had noted that Engineering felt there were drainage problems to the rear of the site to be resolved, that traffic on Golden Valley Road required wetl planned parking and exiting for the site. Mahlon Swedberg moved to approve the proposal as presented with the following conditions; that adequate parking and turn around be provided for exiting on Golden Valley Road — that approval from the City Engineer on drainage on the site be required and that a 50 foot setback from the front lot line be required. -�,.�-� ��..-L-.-J .�) Board of Zoning Appeals April 12, 1977 page 7 Mike Sell seconded the rrrotion. Discussion was called on the motion. The Board noted that because of the lot problems, piling, costs of development on the site and because the site had square footage well in excess of the 18,750 sq,. ft. requirement, it looked favorable on the request. The Chairman called the vote with 4 ayes to approve and 1 nay (Glen Christiansen). There being no further business to come before the Board, it was on motion, duly seconded, and upon vote the meeting adjourned at 11 :40 P.M. .�,�G���:�:��..`- � Chairman Walter Kost loyd Becker, Recording ecretary