05-10-77 BZA Minutes ��
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MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
May 10, 1977
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, May 10, 1977 at 7:30 P.M. at the Golden Valley Civic Center, 7800
Golden Valley Road, Golden Valley, Minnesota. The following Board members
were present:
Walter Kost, Chairman
Mahlon Swedberg
Robert Wagman
Glen Christiansen
Mike Sell
Lloyd Becker, Secretary and Staff Liaison
Members absent: None.
The first item of business was the consideration of the minutes of the meeting
held April 12, 1977. The Chairman reviewed the minutes, copies of which had
been previously distributed to the Board. There being no errors, additions, or
corrections, it was moved by Mahlon Swedberg and seconded by Glen Christiansen
to approve the minutes as written. Upon vote it was unanirnous to approve the
the minutes as presented.
77-4-7 2080 Maior Circle (Map 5) Or. Joseph F. Bocklaqe (Deferral from April 1977)
The petition is for the waiver of Section
16.00 Flood Plain Ordinance to allow construction of a residential
swimming pool within the Flood Plain elevations.
Chairman Kost reviewed the petition and found it in order. This item had been
deferred from the previous meeting of April 12, 1977.
Dr. Bocklage was present.
Attached to the petition were the repties that had been received from the
Department of Natural Resources and the Bassett Creek Flood Control Commission.
In addition, there was a memo from the City Engineer to the Board of Zoning Appeals.
The Secretary noted that the replies received from the appropriate corrxnissions
had been based upon incorrect survey data when submitted. The data showed the
pool fence area at its closest point as being within 16' of the Creek; however,
the Creek had been rerouted several years ago and the distance is approximately
$5' . The City Engineer met with representatives of the Oepartment of Natural
Resources and the Bassett Creek Flood Corrmission on the site. It was the
opinion that white the pool is in the Flood Plain elevation, it presents no
significant obstruction that would be detrimental to the Creek area.
A contour map prepared by the City Engineer showing the exact location of the
Creek has been submitted along with a new tetter to Barr Engineering Company
and the Department of Natural Resources, and their reply will reflect the
verbal information to the City Engineering Department.
Mahlon Swedberg questioned the terminology of significant effect the pool woutd
have as an obstruction in the Flood Plain and also noted that at the previous
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May 10, 1977 page 2
meeting Dr. Bocklage said that excavating, grading, and landscaping had prev—
iously been done in the area of the proposed pool . Dr. Bocklage stated that
the grade at the rear of the house had been lowered approximately 2' .
Mahlon Swedberg noted that the pool then somewhat displaces the _ a�nount of
earth that had been removed.
Glen Christiansen moved, based on the data from the City Engineer and the
corrected correspondence pending from the 0epartment of Natural Resources and
the Bassett Creek Flood Control Comnission, to approve the proposal as pre—
sented. Mike Sell seconded the motion.
Discussion was called on the motion. Mahlon Swedberg noted that the Flood Plain
waivers were relatively new to the Board, that careful consideration must be
given in these matters, and noted that the pool approximately replaces the area
of earth removed, and considering the Engineering opinions, he could view this
proposal favorably. The Chairman called the motion, and upon vote it was
unanimous to approve.
77-4-9 630b Golden Valley Road (Map 1b) Eleanore M. Ferguson (Deferral from Apr.
�1977)
The petition is for the waiver of Sections
3.041 to permit a two family dwelling in a
residential area,
3.07 (1 ) for construction with tess than 1$,750 sq. ft. ,
3.02 (1 ) for 9' off the required 35' front setback at
Douglas Avenue to a distance of 26' from the
front lot line to the proposed dwelling,
Mr. Ferguson was present for the meeting.
Chairman Kost reviewed the petition and the additional staff information. This
item had been deferred for further information on the status of the property
adjacent to the South line of the proponent' s property, adjacent to Golden Valley Rd.
The Secretary stated that the City Engineer said this is the property of the City
of Golden Valley, having reverted from County status when the road was removed
from County jurisdiction. This area is approximately 11 ,000 square feet as it
borders the proponent' s property. This area contains City sewer main lines and
water lines and also gas mains from Minnegasco. The City has no plans for con—
struction over these utilities. !� right hand turn lane could be a possibility in
the future. It appears that this property will remain an open area. The
proponent has approximately 14,40o square feet, and the required square footage
for construction of a two—family dwelling is 18,750.
Mahlon Swedberg asked Mr. Ferguson if he would be willinq to maintain a part of
this open area in the manner of his own. Mr. Ferguson agreed and noted that
while no trees or landscaping can be done because of the utilities below, he
has in effect been maintaining a portion of the area now.
Mike Sell reviewed the past history of this property, noted the proponent' s
willingness to maintain the adjacent open area, and felt a two—family unit was
a reasonable proposai on the property. Bob Wagman noted that there were not
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May 10, 1977 page 3
many aiternatives and could not see a commercial use for this lot. Because of
the utilities, etc. and the comnercial and multip]e properties, he did not feel
it was really desirable for single family housing.
Mahlon Swedberg moved to approve the waivers as requested, subject to the
additional condition that the owner maintain enough adjacent property to the
South to present the appearance of the square footage required by Ordinance.
Mike Sell seconded the motion.
Discussion on the motion was called. Mike Sell noted this property is bounded
on three sides by streets or avenues, and this proposal provides a good transi—
tion of zoning. Glen Christiansen stated that to be consistent he could not
view this proposal favorably because of the lack of square footage. The
Chairman called the vote. The motion to approve was carried with 4 aye votes
and t nay vote by Glen Christiansen.
The plan as presented for t�he site and construction were signed and dated as
the approved proposal by Chairman Kost and the proponent, Mr. Ferguson, and
will be kept on file as a permanent document.
77-4-12 1550 Natchez Avenue South (Map 10) Adams Construction Company, Inc.
(Deferral from April 1977)
The petition is for the waiver of Section
3•07 front yard setback as shown on revised plans
to be presented.
Chairman Kost reviewed the petition as presented at the previous meeting in
April 1977. At that time the proponent agreed to submit further plans and
this item was deferred.
Mr. Steve Klienman was introduced to the Board by Mr. Simnons of Adams
Construction Company, Inc. Mr. Simmons stated that Mr. Klienman was an
architect and had developed a plan for the lot which met alt setback require—
ments for the property, with the exception of the detached garage at the rear
of the lot. It was again noted this is a corner lot with the house facing
Natchez Avenue and the garage facing Douglas Avenue. The property across the
street on Douglas Avenue is in St. Louis Park and has a setback of 25' from
the front lot line.
Mr. Klienman had a rendering and plot plan, including landscaping. The proponent
requested 6' off the required 35' setback on Douglas Avenue to a distance of
29' from the South lot line to the proposed detached garage only.
Mike Sell moved to approve a waiver of 6' off the required 35' to a distance of
29' from the South lot line to the detached garage only. Glen Christiansen
seconded the motion. Upon vote it was unanimous to approve.
The plot plan was signed and dated for record by Walter Kost and Mr. Ktienman.
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May 10, 1977 page 4
77—�+-13 Lot 2 Block 2 Skyline Ptaza (Golden Valley Retirement Home) (Map 17)
Paul Pink�Marshall Lenin & Associates, Inc. (Deferral from April 1977)
The petition if for the waiver of Sections
11 •03 for 1 1�2 additional stories in height,
11 .Ob Yard Requirements,
13.02 Landscape Areas as shown on the proposed
plot plan.
Paul Pink was present for the hearing and accompanied by a representative of
Skyline Builders.
�hairman Kost reviewed the petition and the additional plat and survey now
presented.
Mr. Paul Pink made a lengthy and thorough presentation and answered and clarified
many c�uestions from the Board members. The Board questioned Mr. Pink thoroughly
on the need for a four story structure and in particular about the parking and
the apparent problems as they now exist. Mr. Pink explained the parking require—
ments for his proposal , noting that an agreement is possible with the adjacent
Cataract Lodge, in which the Golden Valley Retirement Home would blacktop the
Cataract Lodge parking lot and maintain it in return for use of this lot with
their proposal in coordination with the Lodge' s schedules. It was noted that
the existing Trevilla of Golden Valley would in all probability have to
remove a large portion of their existing landscaping to provide an additional
30 parking spaces for their property.
Mr. Harris, a recent trustee and member of Cataract Lodge, was present and
spoke in favor of the parking agreement shared jo�ntly with the proposed
retirement home.
Mahlon Swedberg expressed his concern for the sheer bulk of the proposed four—
story buitding and its impact and appearance to the area, and also questioned
the hardship factor involved for a four—story structure and surmised that
e canomics was really the primary factor.
Mike Setl asked Mr. Pink to explain the elevation of the building relative to
T.H. #55. Mr. Pink explained that subsoil water conditions precluded any
constructive consideration of a 2 1�2 story building because the first 1�2 floor
would be in water on this site.
Mike Sell moved to grant the waivers as requested, except for the provision
allowing an additional 1 1/2 stories. Mahlon Swedberg seconded the motion.
Discussion was called. Mike Sell noted that his motion was in consideration of
the fact that the proponents had planned additional parking arrangements.
Mahlon Swedberg again noted the most outstanding hardship appears to be economics.
Glen Christiansen asked that his concern relative to the fact that the parking
will not now be sufficient, be recorded in the minutes and that he desired the
additional parking agreement with the Cataract Lodge be a condition of any
approval . The Chairman called the vote, and upon vote i� was to approve the
motion as stated with 4 aye votes and I nay vote by Glen Christiansen.
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May 1Q, 1977 page 5
77-5-14 Southwest corner of Medicine Lake Road and Douglas Drive (Parcels 1 ,2,
& 3 as platted) (Map 14) Charles P. Thompson, President, New Hope Nursing Home
The petition is for the waiver of Sections
3.04 & 3.041 to allow two 2—family dwellings in a residenti.al
area, and for the waiver of 30' off the required
150� of frontage on the westerly Parcel II
along Medicine Lake Road.
Chairman Walter Kost reviewed the petition and found it in order.
Bob Wagman reviewed for the Board the previous Planning Comnission considerations
and approval on this proposal .
Mr. Lynn Caswell was present for the hearing, representing New Hope Nursing Home, Inc.
Mr. William Thomas, 2511 Oouglas Drive, adjacent property owner, was present.
The Board reviewed the plat as presented. Walter Kost questioned access to the
apparent landlocked parcel at the West end of Parcel III. Mr. Caswell answered
questions about the probable future use of this area, and noted that the re—
quirements of the Planning Commission would be met, but was unaware that
additional plans to show access and egress from the sites and definite construction
plans were required at this time for the Board of Zoning Appeal 's approval of
the waiver requests.
The Board of Zoning Appeals Secretary, Lloyd Becker, noted that as no other waivers
were being asked for on the construction on the sites other than a waiver for
30' off the required 150' frontage on Parcel II and for construction of 2 two:..f.amily
units in a residential area, he had not instructed Mr. Caswell as part of his
request to present the plans now asked for by the Board. When asked if the
property could be sold to another party if these waivers were granted, Mr. Caswell
answered yes.
Mr. William Thomas, 2511 Douglas Drive, was present at the hearing and asked to
be heard. He explained the past history of this property and the immediate area.
He noted previous Council and Commission actions regarding the area. He stated
that at the present time another developer is trying to acquire and develop the
immediate area for single family dwellings, and felt this property could be co—
ordinated in an entire development for single family construction. Lloyd Becker
noted that staff is unaware of any such proposals.
Mike Sell moved that this item be deferred up to six months if necessary to
allow complete plans to be prepared and for consideration of the entire area
of development. G��n Christiansen seconded the motion.
Chairman Kost called for discussion on the motion. Bob Wagman noted possible
additionat Planning Comnission review on an area proposal and suggested that
Mr. Caswell inf.orm his client of the other proposals in the irmnediate area and
arrange to meet with the other developer. Mike Setl withdrew his motion and
Glen Christiansen withdrew his second to the rriotion.
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May 1 c�, 1977 page 6
Mahlon Swedberg moved to reject the item from the agenda and from consideration
for lack of sufficient information at this time. Mike Sell seconded the motion.
Upon vote it was unanimou5 to reject.
77-5-�5 Lot 11 Block 19 Winnetka !!ddition (Map 16) Richard A. Middlemist
The petition is for the waiver of Section
3.07 Sideyard Setback to allow construction of a singie family
dwelling as shown on the plot p1an.
Mr. Richard A. Middlemist was present for the meeting.
The Secretary noted that Mr. Middlemist' s current survey lacked the required
measurements by the Surveyor to the proposed house as shown on the survey, and
he noted several telephone calls to the Surveyor who said he would forward the
required information. Mr. Middlemist was unable to be contacted during working
hours by telephone; however, Mr. Middlemist contacted the Secretary several days
before the meeting and stated he would have the required measurements for con—
sideration at the meeting.
Upon discussion and review with the proponent about his construction plans and
survey, it was determined that in order to comply with all other setback require—
ments on this corner lot a 7 1�2' waiver from the front setback of 35' on
Faribault Avenue would be required at the mean lot line.
Glen Christiansen moved to approve a waiver of 7 1�2' off the required 35' set—
back to a distance of 27 1�2' from the front mean lot line on Faribault Avenue
to the proposed dwelling with all other zoning requirements being adhered to.
The motion was seconded by Robert Wagman. Upon vote the motion carried unanimously.
77-5-16 3385 Scott Avenue North (Map 4) Robert and Demetria Hawes
The petition is for the waiver of Section
3.p7 for 12' off the required 35' front yard setback
at Scott /�venue to a distance of 23' from the
front lot line to the proposed addition.
Mr. and Mrs. Hawes were present at the meeting.
The petition was found to be in order.
The Board thoroughly reviewed the request. Mr. Hawes gave a detailed description
of the plans for construction, noting the bad soil conditions on the lot and
explaining why their plans were the best alternative to them for further room.
When asked why they did not adjust their construction to the rear it was explained
they wished to construct a deck in this area. Mahlon Swedberg noted this was a
sizeable variance request for a front yard area and that the Board has always
been very carefut and conservative in this type of waiver. It was noted that
the survey showed that the house when constructed was built closer than 35'
at 33rd Avenue.
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May 10, 1977 page 7
Mahlon Swedberg moved to deny the waiver as requested but to approve a waiver
of 1 .5' off the required 35' at 33rd Ave�aue to bring the present structure
into legal conformance. Mike Sell seconded the motion. Upon vote the motion
carried unanimously.
77-5-17 7721 Knoll Street (Map 15) Spencer R. Murd
The petition is for the waiver of Section
3.12 for 5' off the required 20' house to garage
separation to allow construction of a garage
as shown on the plot plan.
Mr. Spencer R. Hurd was present for the meeting.
Chairman Kost found the petition to be in order.
Mr. Hurd explained that to construct the garage at the 20' separation require—
ment was much more costly due to the terrain which felt away to the rear and
would require additional foundation and fitl .
Mahlon Swedberg discussed alternatives with Mr. Hurd and the access to the
garage as it was proposed. Mr. Hurd was asked if the garage could be reduced
in size and a lesser waiver would be required. Mr. Hurd agreed he could adjust
his request.
Mahlon Swedberg moved to grant a waiver of 3' off the required 20' house to
garage separation to a distance of 17' from the house to the proposed garage
structure. Robert Wagman seconded the motion. Upon vote it was unanir�us
to approve.
77-5-18 1300 Valders Avenue North (Map 21) P. E. and Noreen Stratman
The petition is for the waiver of Section
3.07 (2) Rearyard Setback for 6.5' off the required 20% rear yard
� requirement to a distance of 11 .5' from
the rear lot line to the proposed addition.
Mr. P. E. Stratman was present for the request.
Mr. Ronald L. Lajarsky, a neighbor to Mr. Stratman, adjacent on Plymouth Avenue,
was also present.
The Chairman reviewed the petition and found it to be in order.
Mr. Stratman explained that the reason for his proposed addition was to provide
facilities alt on one floor because Mrs. Stratman has an arthritic condition.
The Board noted that the proposed room addition was well concealed and not
very visible where constructed at the rear of the house.
Mr. Lajarsky stated that basically he would be the one most likely to view
the addition and he approved of it.
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Mike Se} 1 moved to grant the waiver as requested for 6.5' off the required
20% rear lot requirement to a distance of 11 .5' from the rear lot line to the
proposed addition and to approve the required waiver necessary for 1 .33' off
the required 35' at Plymouth Avenue to adjust the minor errors when the home
was originally constructed on the property. Glen Christiansen seconded the
motion. Upon vote it was unanimous to approve.
77-5-19 75� Florida Avenue South (Map 1$) Product Design (Jerry Porter, Pres.)
The petition is for the waiver of Sections
7.05, 7.051 and distances and details contingent on receipt of
7.�55, 7.�6 accurate survey being made on total combined
properties.
The Secretary informed the Board that Jerry Porter had telephoned to request to
be postponed to a later date to allow further information to be prepared. .
Mahlon Swedberg moved to allow the proponent an additional thirty days.
Glen Christiansen seconded the motion. Upon vote the motion carried unanimously.
77-5-2� 1552 Rhode Island Avenue North (Map 15) Winfield A. Trumbull
The Secretary introduced an item to the Chairman that had been referred to the
Board by Jon Westiake, Director of Planning and Inspection, and Allan Ostrow,
Building Inspector.
Mr. Winfield Trumbull , owner of the property, and his contractor were present
at the meeting.
Mahlon Swedberg moved to place this item on the agenda. The motion was seconded
by Robert Wagman and upon vote all were in favor to hear the request.
The request is for the waiver of 2.25' off the required front setback of 35' on
Rhode Island Avenue and for 0.22' off the required 15' sideyard setback along
the North property line.
Mr. Trumbull explained that he and his contractor had erroneously measured and
placed the stakes for construction of the foundation now completed on the
property. ��hen the 'as built survey' was submitted to the Building Inspector
the errors were noted. Mr. Trumbull had obtained approval from all surrounding
property owners for his waiver request.
The Board thoroughly reviewed the circumstances leading up to this error, the
hardship to remove and rebuild the foundation, and the effect on surraunding "
property should it remain as is.
Mahlon Swedberg moved to grant a waiver of 2.25' off the required 35' at the
front lot line and for 0.22' off the required 15' at the North lot line.
Mike Sell seconded the rr�otion. Upon vote the motion carried unanimously.
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May 10, 1977 page 9
There being no further business to come before the Board, it was on rnotion,
duly seconded, and upon vote, the meeting adjourned at 11 :55 P.M.
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Chairman Walter Kost Recordi g Secretary Lloyd Becker