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09-13-77 BZA Minutes �_�� MINUTES OF A REGULAR MEETIN6 OF THE _ GOLDEN VALLEY BOARD OF ZONING APPEALS September 13, 1977 The regular meeting of the Golden Valley Board of Zoning Appeals was hetd Tuesday, September 13, 1977 at 7:30 P.M. at the Golden Valley Civic Center, 7800 Golden Valtey Road, Golden Valley, Minnesota. The following Board members were present: Walter Kost, Chairman Mike Sell Mahlon Swedberg Robert Wagman Glen Christiansen Lloyd Becker, Secretary and Staff Liaison Members absent: None. The first item was the consideration of the minutes of the previous meeting held August 9, 1977, copies of which had been distributed to the Board. Chairman Kost reviewed the minutes with the Board. A motion was made by Mike Selt to approve the minutes as written and presented. The motion was seconded by Glen Christiansen. Upon discussion Mahlon Swedberg stated he had an addition to the minutes regarding his comments in Item 77—$-31-4525 Douglas Avenue South and asked that the minutes be amended to read at that part beginning with "Mahlon Swedberg again emphasized the topography of this lot and the difficulty in doing anything on the lot" then add notinq further that the invasion of front tot setbacks has a very noticeable and sometimes detrimental effect on a neighborhood, more noticeable in atl probability than any other ki�d of variance. Chairman Kost called the vote for approval of the minutes as amended. Upon vote it was unanimous to approve. Chairman Kost catled the attention of the proponents in the audience to the pro— cedure available should any item be denied by the Board of Zoning Appeals. 77-9-35 (Map 9) Residential 208 Turnpike Road Clayton M. Hughes The petition is for the waiver of Section 3.07 for 5•3' off the required 11 .2' to a distance of 5.9' from the South lot line to the proposed garage addition, and for .5' off the required 35' front setback to a distanee of 34.5' to the front of the existing house at its closest point from the front lot line. The Chairman reviewed this petition and found it in order. Mr. Clayton M. Hughes was present for the meeting. Mr. Hughes presented additional plans of his proposal , noting his present single car tuck—under garage is approxi— mately 3' below street level . He explained the future use of this existing garage area, the grading as it would take place if the proposal is approved, and the improvement to the appearance of the property. It was noted by the Board that the 20' width of the proposed garage is a minimum width for a double garage. Mahlon Swedberg moved to approve the petition as proposed and to include approval to correct t�e existing building as noted in the petition. Glen Christiansen seconded the motion. Upon vote it was unanimous to approve. /� �,� 4=�-'��-,� �:�....i Board of Zoning Appeals September 13, 1977 page 2 77-9-36 (Map 16) Residential 6432 Golden Valley Road Patt and Rosie Dinqmann The petition is for the waiver of Section 3.07 for 10' off the required 35' setback off the West property line to 25' to the proposed garage at its closest point, and for 18' off the required 35� setback along the West property line to a distanee of 17' to the existing house at its ctosest point, and for 4' off the required 35' to a distance of 31 ' from the South lot line atong Golden Valley Road to the existing house at its closest point. The Chairman found this petition in order. Rosie Dingmann was present at the meeting and explained the proposal . Chairman Kost noted that the removal of the existing old garage woutd be a definite improvement to the property and also noted that the location and shape of the lot generally determined any practical location of the proposed garage on this lot. Mahlon Swedberg discussed the possibility of reducing the size of the garage. Mike Sell called attention to the fact that any reduction in size of the garage would have an insignificant effect on reducing the waiver requested as it parallels the lot line. Ms Dingmann explained that the additional space in the garage was to provide routine storage of lawn mowers and other auto and household accessories. Mike Sell moved to approve the waivers as requested. Robert Wagman seconded the motion. Upon vote it was unanirr�us to approve. 77-9-37 (Map 7) Commercial 3924 Olson Memorial Nighway Golden Valley Sports Center, Inc. The petition is for the waiver of Section 5.05 Setbacks and Green Area, and 13.01 Parking for 20' off the required 20' setback along the North lot line and for 10� off the required 10' green area along the North lot line to the existing structure, and for 19.8' off the required 20' setback along the West tot line to the existing structure and for 10' off the required 10' green area along the West lot line, and for 35' off the required 35' green area atong the South (front) lot line, and for 16.8' off the required 20' setback to 3•2' to the existing building from the East lot line, and �^_�� Board of Zoning Appeals September 13, 1977 page 3 for 10' off the required 10' green area along the East lot tine, and for a waiver of 42 parking spaces off the required 58 spaces to 16 spaces on the existing site. Chairman Kost examined the petition and it was in order. Mr. Steven Melemed, President of Golden Valley Sports Center, Inc. , was present. Mr. Bernard Herman of Cottle Herman Architects was also present and made the presentation for the proponents. The Board entered into a lengthy and detailed discussion with the proponents and Mr. Herman. Mr. Herman explained their plans for combining the tw�o buildings, for removal of the existing old building at the rear of the lot, and the complete new' facade proposed for the front of the building. He noted four additional parking statls provided in the rear by removing this old building and also every effort to provide as many on-site parking spaces as could be developed on this property. Mike Sell asked the proponent the approximate length of time a typical customer is in the store. The proponent described the average customer, the sports items purchased relative to the seasons of the year, and also his intention of possibly adding a line of archery equipment to his store. The proponents generally felt that the upgrading of the two properties would not drastically alter their present parking requirements, and the improvements of the buildings would have a very beneficial effect in upgrading the area. Mike Sell called attention to a building he had seen that, while short of most green area requirements, had an excellent landscape arrangement and asked if this type of arrangement could be included in this proposal . It was noted by Mr. Herman that every effort to provide a green area or landscaping w�ould be made, taking into consideration the necessity of maintaining maximum parking on the site. Glen Christiansen expressed his concerns regarding parking on this site if in the future the occupancy should change to some other commercial venture such as a restaurant, and also the adjacent property to the East if developed or im- proved could demand and require additional sizeable waivers. Mahlon Swedberg noted that there are many small lots in that area that have an extreme ar�unt of building on the lot. It was Mr. Swedberg' s thought that the only way to develop that entire area properiy arould be to consolidate lots and provide for business operations adequately. Mahlon Swedberg stated that as it exists, it is just too much building on the lot. Mahlon Swedberg moved to deny the petition as requested. Robert Wagman seconded the motion. Chairman Kost called for discussion on the motion. A further lengthy discussion between the Board and the proponents occurred. Glen Christiansen suggested the possibility of the proponents obtaining addi- tional property for parking and to change the motion by deferring this item to allow time for this. Chairman Kost asked Mahlon Swedberg if he would reconsider his motion. Mr. Swedberg stated that if the proponent could show that a strong possibility exists that they could substantiatly change their proposal , he may consider changing his motion. F F� __�_:�'� .__ Board of Zoning Appeals September 13, 1977 page 4 The proponents took time to confer and were agreeable to defer the proposat but stated they could not see any substantial possibility of obtaining more parking area. At this point Mr. Swedberg said his motion to deny would stand because he could not foresee a constructive future proposal . Chairman Kost called for a vote. Upon vote it was 3 ayes to approve the rrbtion to deny the petition and 2 nay votes opposing the motion (Sell and Christiansen opposed). Mahlon Swedberg asked that the minutes reflect his opinion that to have approved this proposal would have an overwhelming concession of required parking spaces and a total concession of green area. Any concession granted for this property would commit the City to granting similar overwhelming concessions to all property in this immediate area. The end result would be a very crowded area, with little or no green space, which would be no improvement over the existing conditions. 77-9-38 (Map 10) Residential 1525 Ottawa Avenue South William B. Hamre The petition is for the waiver of Section 3.12 Accessory Buildings to locate a detached garage in front of the house, and for 12' off the required 20' garage to house separation to a distance of 8' between the structures. Chairman Kost reviewed the petition noting to the Board that Mr. Hamre had submitted an alternate petition earlier in the day to the City staff. This alternate petition eliminated the proposed construction of a detached garage to the front of the existing house and changed the waiver request to a proposal for constructing a basement garage 20' wide by 26' deep to the South side of the house with a flat roof and possible deck above. For this request the pro— posal is for 9' off the required 14.1 ' sideyard setback along the �outh lot line to a distance of 5.1 ' from the South lot line to the proposed garage addition. Mr. William B. Hamre was present for the meeting. The Board agreed to hear the amended proposal . Mr. Hamre noted that his new petition had approval from all affected neighbors and that his desire to be a good neighbor and provide a compromise proposat had been well accepted and he also felt that appearance—wise it was more suitabte to his property if developed in this manner. Mike Sell noted that the existing house is located to the extreme rear of the lot, and with present zoning requirements, it has slightly less than the 20% rear yard requirement. Mr. Setl felt this should be considered with this proposal . Mike Sell moved to approve the amended waiver request to provide for a 20' garage addition along the South side of the existing structure to be built to within a distance of 5.1 ' from the South lot line, and to grant a waiver of approximately 7' off the required 20q rear yard requirement as the house now exists. Glen Christiansen seconded the motion. Upon vote it was unanimaus to approve. :- �-� �' :�a".) Board of Zoning Appeals September 13, 1977 page 5 77-9-39 (Map 12) Industrial 5905 Golden Vatley Road (Site Address) B_ � R Properties. , 6005 Golden Valley Road (Office Address) The petition is for the waiver of Section 5.QSA (1 ) for 40' off the required 75' of green area to a green area of 35� from Golden Valley Road as measured for 200' West ' of the East lot line of said proposal . Chairman Kost reviewed the petition, noting that Mrs. Norbert Friedman, 1121 Welcome Circle, several days before the meeting asked the City Staff to remove her approval from the petition as signed. The Secretary confirmed this and so noted the removal as initialed and dated by Mrs. Friedman. Chairman Kost called attention to a letter that had been presented to him prior to the meeting by Mrs. Donald (Sue) Becker, 5840 Golden Valley Road, an affected property owner, regarding this proposal . Mrs. Becker' s letter stated their objections to any waivers being granted. It was noted by the Chairman that the Beckers did not appear on the list of affected property owners notified by the City. This list of affected property owners is prepared in the City Assessing Department for owners of current record, and the Becker property had been over— tooked in preparing the list. The Secretary confirmed that his review had not caught the omission. Mrs. Becker confirmed that she had been contacted by Mr. Richter, the proponent, and had participated in several meetings on this proposal . The Chairman noted receipt of the tetter, that Mrs. Becker was familiar with the proposal , and her attendance at the meeting. Mrs. Ivan Kadiesky, 1117 Welcome Circle, was present and asked the Chairman to note that she was undecided on the proposal . Mr. M. L. Mapes, 5845 Golden Ualley Road, was present and asked the Chairman to note that while he originally signed the proposal for approval , he was now undecided. Mr. Eugene Nessley was present as Chairman of the Board of Trustees of the Valley Baptist Church and asked that their approval be noted. Mr. Nessley also noted he is a representative of Minnegasco, located near this proposal , and spoke in that capacity in favor of the proposat . Mr. John Richter, the proponent, and Mr. Glen Burnett were present. Mrs. Anne Wilson, 1125 Welcome Circle, who is not an abutting property owner but is located near the proposal , was also present. Chairman Kost noted that the amended agenda does not request any waiver for the building as it is approximately 104' back firom Golden Valley Road, and that the request is for that area of the property along Golden Valley Road that is across from Residential zoning, which requires a 75' green area rather than 35' as across from Institutional zoning. The Board engaged in a lengthy and detailed review with John Richter, Glen Burnett, and affected property owners. Mr. Burnett noted that the building had been lowered substantially so that the bottom of the first floor level is four or five feet below Golden Valtey Road and that a berm 5' above the level of the parking lot would be established along the East lot line and for 30' West from � �� Board of Zoning Appeats September 13, 1977 page 6 the East lot line on the South tot line. Mr. Richter aoted an agreement which he had prepared and would sign guaranteeing this proposal . He also said every possibte attention had been given to the design of this building to make it suitable for the area. He said the parking spaces noted in the 75' green area were vital to his proposal . Mr. Mapes questioned the relationship of the proposed berm to his lot and also the level of the parking tot at Golden Valley Road. Mrs. Kadiesky felt this area may be unusuat because it has no transitional zoning as a buffer between Residentiai and Industrial zoning. Mr. Eugene Nessley, Officer of the Church and representative of Minnegasco, felt the Church has been a good neighbor in the area and felt Mr. Richter had made every effort to cooperate with adjacent property owners. Mrs. Anne Wilson asked what assurances the proposal for the berm and landscaping would have. The Board Secretary noted that, if approved, this proposal must go to the Building Board of Review next, at which time all neighbors will again be notified, including Mrs. Becker, and it is at this Board that landscaping, etc. is approved. Robert Wagman asked Mr. Richter about landscaping the berm. Chairman Kost asked all present if anyone had any additional corranents. Mrs. Becker re—stated that she has no objection to the building but wants the 75' of green area. Mike Sell moved to grant the waiver as requested on the amended agenda. Glen Christiansen seconded the motion. Discussion was called on the motion. Robert Wagman stated that, based on past actions of the Board and as alternatives do exist, he felt the people' s wishes should be acknowledged and could not support the motion. Mike Sett stated he favored the proposal , noting the pro— ponent' s efforts and that the area had been ptatted for many years for this use and rezoned from Open Development approxirnately 6 years ago. Mahlon Swedberg noted the only reason for this waiver is for more parking in front to suit the tenant. (He also noted that the waiver applied to only a portion of the front setback and considering the topography of the area, there would be no noticeable detrimental effect on the front yard by granting this waiver. Furthermore, the cooperative and willing attitude of the proponent in developing a site plan that would be acceptable to the neighbors in every respect possible, makes the advantages to the City and neighbors in granting the waiver•outweigh the disadvantages.) Chairman Kost cat.led the vote on the �otion. Upon__vote it was 4 ay� vo"tes to approve_ the_reque.st on_ the amended agenda and l nay vote (Wagman opposed). 77-9-40 (Map 18) Industrial 6920 Wayzata Boulevard Perkins Cake � Steak Inc. The petition is for the waiver of Sections 5.05 � 5•06 of the Zoning Code as the building now exists. for 25' off the required 35' green area along the front lot line, and for 6' off the required 10' green area along the East lot line and for 7.5' off the required 10' green area along the West lot tine, and for 1 .6� off the required 20' building sideyard setback along the West lot line to a distance of �r ��� � ��, Board of Zoning Appeals September 13, 1977 page 7 18.4' as the building now exists. The Chairroan reviewed the petition and found it in order, noting no response from adjacent property owners. The requests are for the buitding as it now exists to allow for exterior remodeling and °upgrading of the site and parking. The Secretary noted that Perkins Cake & Steak staff had met with the City staff several times to upgrade the existiAg building and area as much as possible. A green area has been established in the rear and further efforts along the side lot lines and front are proposed. Mr. John Redman was present for Perkins Cake & Steak Inc. and reviewed the plans with the Board. Glen Christiansen moved to approve the waivers as requested. Mahlon Swedberg seconded the motion. Upon vote it was unanimous to approve. 77-9-41 (Map 11 ) Commercial 5721 Oututh Street (Tract B) Byerly Foods, Inc. The petition is for the waiver of Section 5.05 Sideyard Setback. for 20' off the required 20' setback to 0'0" setback along the North property line and for 20' off the required 20' setback to 0'0'' setback along the Southeast property line. The Chairman reviewed the petition and found it in order. Mr. Don Byerly, Mr. Mike Savage and Mr. Tom Lidberg were present for the proposal . The Board heard Mr. Savage and Mr. Lidberg explain the proposal for the liquor store, the parking as shown for the addition, and the reasons for expansion. It was noted that Plat C was established by Council action in 1971 from part of Plat B. Mr. Byerly at that time noted his future plans for Plat C. The addition is contiguous to the present liquor store which will become an ex— panded restaurant for the Byerly store. Thus, this requires waivers of the building setback requirements. Previous Board and Council actions had determined green areas, and the Board noted that the parking ratio had been previously established for the center. The 40—car parking on the West side of the store is on the parking ratio established for the center. The proponent had originally requested a green area variance along the South— west property line, but it had been determined by City staff that, as designed, it met the Ordinance requirements and no waiver was necessary. Cross parking agreements had previously been accorr�lished for the center and City staff has requested that a copy of those agreements become part of the documentation of this proposal . Mr. Byerly' s staff had those agreements at the meeting and copies will be made and filed with this proposal . The Board noted this proposal is basically the completion of the shopping area as planned. Robert Wagman moved to approve the petition as requested. Glen Christiansen seconded the motion. Upon vote it was unanimous to approve. �- ;� � �_ ,�, �:3 Board of Zoning Appeals September 13, 1977 page 8 There being no further business to come before the Board, it was upon vote, duly seconded, to adjourn at 11 :55 P.M. � ��'? �. .-`-/-?� ' ,�`�n r�';`` ��,� Chairman Walter Kost ecording Secretary Lloyd Becker ,,.