08-09-77 BZA Minutes %�� :�
h1INUTES OF A REGULAR MEETING OF THE
GOIDfN VALLEY BOARO OF ZONIN6 APPEALS
August 9, 1977
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, August 9, 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
Kathryn Herje (Alternate)
Mahlon Swedberg
Mike Sell
Glen Christiansen
Lloyd Becker, Secretary and Staff Liaison
Members absent: Robert VJagman (by prior notice)
The first item was the consideration of the minutes of the previous meeting held
July 12, 1977, copies of which had been distributed to the Board. Chairman Kost
reviewed the mine�tes with the Board. There being no omissions, errors, or
corrections, Mike Sell moved that the minutes be approved as written and presented.
Mahlon Swedberg seconded the motion. Upon vote it was unanimous to approve.
77-8-31 (Map 10) Residential 4525 Oouqlas Avenae South David G. Sehlin
(deferred from July 12, 1977 Board of Zoning Appeals meeting
The petition is for the waiver of Section
3.07 (3) Si.deyard Setback for 4.3' off the required 12.3' side-
yard setback to a distance of 8� from `
the West property line to the proposed
garage addition, and for 7.9' off the
required 35' setback to a distance of
27.1 ' to the proposed garage addition
from the front property tine.
Chairman Kost reviewed the petition as it had been previously presented at the
July 12, 1977 meeting. Notices had again been sent to all affected property
owners.
Mr. and Mrs. Oavid G. Sehlin were present for the meeting. Mr. Sehlin reviewed
with the Board their detailed efforts to adjust their plans so that the requested
setbacks could be reduced if possible. Mr. Sehlin explained that the terrain
and the structure as it now exists made it irr�ossible to arrive at any sabstan-
tial alterations to the proposal and noted that he had adjusted the garage
portion down from a depth of 22' to 21 ' .
Mike Sell noted that most homes along this area have the same front alignment
and that front yard setbacks have been guarded closely. Watter Kost noted man�
similar requests that have been before the Board of Zoning Appeals.
Glen Christiansen noted that the lot is 82' wide and that the terrain on the side
and rear make any construction in the rear impossible and access to the rear is
generally impossible.
Mike Sell reviewed with Mr. and Mrs. Sehlin the construction details of the
load bearing walls and the possibility of a circular stairway in one area.
Mr. and Mrs. Sehlin noted this would be impractical because of a room directly
below.
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Board of Zoning Appeals
August 9, 1977 page 2
Kathryn Nerje asked Chairman Kost to review the Board' s interpretation of a
hardship.
Glen Christiansen moved to approve a waiver of 6.9' off the required 35' front
setback to a distance of 28.1 ' to the front of the proposed addition and for
4.3� off the required 12.3� sideyard setback to a distance of 8' from the West
property line. Mike Sell seconded the motion, noting he did so to rrpve it on
to discussion.
Kathryn Herje noted that by its width and terrain this is a substandard tot and
requires different attention than a 100' level lot and also noted the desirability
of a two car garage, and the aesthetics of breaking a rigid alignment and profile
by tMe offset this construction would provide.
Mahlon Swedberg again emphasized the topography of this lot and the difficulty in
doing anything on the lot, noting further that the invasion of front lot setbacks
have a very noticeable and sometimes detrimental effect on a neighborhood more
noticeable in all probability than any other kind of variance.
Chairman Kost called the vote on the motion. Upon vote there were 3 aye votes
to approve and 2 nay votes (Kost and Swedberg opposed). The motion carried to
approve the motion as stated.
77-8-32 (Map 12) Residential 1114 Welcome Circle Russell L. Allanson
The petition is for the waiver of Section
3.07 (2) Rear°yard Setback for 13' off the required 20' rear yard
setback to a distance of 7' from the rear
lot line to the proposed deck at its
closest point.
Chairman Kost reviewed the petition and found it in order, noting that on the
petition, permission had been obtained from all 7 affected property owners.
Mr. Russell L. Allanson was present for the meeting and answered questions for
the Board. Mr. Allanson noted that this deck was part of a previous construction
proposal some time ago for which he had received a building permit.
Mahlon Swedberg noted the corner lot on which the house is located and its
35' setback on both streets, which places the house well back on the lot.
Mahlon Swedberg moved to approve the waiver as requested, calling attention to
the open air effect of the proposed deck and that only post footings and supports
are to be esed rather than a solid watled support. Mike Sell seconded the mc>tion
and upon vote it was unanimous to approve.
77-8-33 (Map 18) Industrial 6660 Wayzata Boulevard Burger King Corporation
The petition is for the waiver of Section
13.01 for 34 parking spaces off the required 79 spaces per current
Code requirements to provide for a drive-in sales window.
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Board of Zoning Appeals
August 9, 1977 page 3
Chairman Kost reviewed the petition and it was in order.
Mr. James E. Hayes, representing Burger King Corporation, was present. Mr. Hayes
reviewed thoroughly with the Board the proposed construction to provide a drive
through fast food window, the provisions of a drive through lane adjacent to the
building and their assessment of the effects on the business, parking, and traffic
at the site. Mr. Hayes described the drive through lane, the procedure for placing
faad orders, the stacking of cars in this lane for food pick—up, and their estimates
of time involved for traffic through this lane.
Mike Sell noted his observations on some of the fast food chains now utilizing this
service especially during peak demand periods and during winter operations.
The Board expressed its concern that should the stacking of cars exceed the
provisions of the drive through lane, the cars waiting in this line through the
parking area may eliminate use of some of thoseparking spaces and create a problem.
Mr. Hayes stated that to date this had not been a problem on the existing units,
and if it occurred, it would actually be detrimental to their operation. It was
estimated that while an increase of 10�' in business may be expected, utilizing the
drive through window, a substantial reduction in parking requirements may also
occur.
Kathryn Herje noted her experience utilizing a service of this type and the time
factor invotved in being served.
Chairman Kost noted the requirements specified in the Special Use Permit when
this building was approved in April 1973 and felt that if the Board granted the
requested waiver for parking, the City v�uld be locked into a situation that if
traffic and parking became a problem as a result of this proposal , it would be
difficult to correct.
It was moved by 61en Christiansen that the Building Oepartment of the City of
Gotden Valley be authorized to issue a permit for the construction and use of
the drive through facility as proposed for a period of two (2) years from this
date of August 9, 1977• During and at the end of this period the City of
Golden Valley is to monitor and review this operation to determine if the park—
ing and traffic is a problem at this site as a resutt of this proposal . This
permit to be issued subject to the conditions of the Building Board of Review
and receipt of a letter from Burger King Corporation to the City of Golden Valley
agreeing to the conditions of the tvJO (2) year requirement and to the stipulation
that if upon review by the City of Golden Valley, it is found this use is not
compatible on this site, Burger King Corporation will remove all elements of
this proposal and revert to the condition as it exists this day August 9, 1977•
This letter is subject to review by the Golden Valley City Attorney prior to
issaance of the proposed permit. Mahlon Swedberg seconded the motion.
Chairman Kost catled the vote and it was unanimous to approve the motion as
stated.
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Board of Zoning Appeals
August 9, 1977 page 4
77-8-34 (Map 23) Industrial 8801 Wayzata Boulevard Rudy Luther GMC
The petition is for the waiver of Sections
5•�5 (A) Green Area and for 35' off the required 35' green area
7.06 (E) Parking in Relation along the South property line abutting
to Building Square Footage Miller Street to allow for additional
parking and maneuvering area.
The Chairman reviewed the petition, noting that the signature for Plywood
Minnesota (formerly Buhler Corporation) had not been obtained. The Secretary,
Lloyd Becker, noted that all affected property owners had been legally notified
by the City of Golden Valley in accordance with the requirement of the Ordinance.
This is the third time this proposal in one manner or another has been before the
Board of Zoning Appeals and prior approval from adjacent property owners had
previously been obtained.
Ted Gruidl of Rudy Luther GMC was present for the meeting. Mr. Gruidl reviewed
his request with the Board, noting that he has constructed a security fence around
the South and West sides of the site to protect customer' s vehicles in for service.
He noted $52,000 worth of property d�nage prior to erection of this fence and also
an average of two police calls per day for vandalism. It was also noted that last
fall a large brush fire occurred in the wilderness area to the South and adjacent
to Rudy Luther GMC and that the City fire truck became bogged down trying to reach
, tMe fire hydrant on undeveloped Miller Street which is adjacent to the south
property line of Rtady Luther 6MC. Ted Gruidl stated that the ground is marshy
along this fence line, that several attempts had been made to retain sod in this
area and that the effect of green is totally tost in this area anyway as it can—
not`be seen from the front of the building. Rudy Luther at the request of the
Golden Valley Fire Department has provided a large double gate in the existing
fence to provide access solely for the Golden Valley Fire Department to the
hydrant on Miller Street. The Building Department staff had received a memo
from the Fire Department noting the advantage of blacktop in this area for
Fire �epartment vehicles. Mr. Gruidl stated that if allowed to blacktop to the
fence as proposed, he arould provide and mark a fire lane to the fence for the
Fire Department and insure this land would always be open.
Mike Sell moved to allow Rudy Luther GMC to blacktop the 35' area along the south
lot line, subject to the following conditions and subject to a letter from
Rudy �uther GMC to the City of Golden Valley, and approved by the City of
Golden Valley, prior to any blacktop being installed indicati�g their agreement
to the conditions as stated:
1 . At such time that Miller Street is developed, Rudy Luther GMC wi11
remove the blacktop and establish the required 35' green area as per
the original landscape plan.
2. Permission is granted only to Rudy Luther GMC and shou1d Rudy Luther GMC
cease to own or conduct business at this site, it will revert to the
required 35' green area along the south lot line.
3• If for any other significant reason the City of Golden Valley would
determine it desireabTe to re—establish the 35' green area along the
south lot line, it will be done.
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Board of Zoning Appeals
August 9, 1977 page 5
Glen Christiansen seconded the motion as stated. Upon vote it was unanimous to
approve ,the motion� subject to the conditions as stated.
There being no further business to come before the Board, it was on motion,
duly seconded, and upon vote the meeting adjourned at 1�:00 P.M.
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Chairman Watter Kost � ecording Secretary LLoyd Becker