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10-11-77 BZA Minutes �g 7iJY� �� MiNUT€S Of A REGULAR MEETING OF THE G@L��N VALLEY BOARD OF ZONING APPEALS October 11 , 1977 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tues- day, October 11 , 1977 at the Golden Valley Civic Center (Gold Room), 7800 Golden Ualley Road, Golden Valley, Minnesota. The following Board members were present: Walter Kost, Chairman Mike Sell (late by prior arrangement) Robert Wagman (late by prior arrangement) Glen Christiansen Lloyd Becker, Secretary and Staff Liaison M.�t j+�a�,, �cv c o� �s� �'�'..... As a quorum was present, Chairman Kost called the meeting to order promptly at 7:30 P.M. The first item was the consideration of the minutes of the previous meeting held September 13, 1977, copies of which had been distributed previously to the �Board. Mahlon Swedberg asked that the following amplifying remarks be entered in the minutes as follows: 77-9-37 (Map 7) Commercial 3924 Olson Memorial Highway Golden Valley_ Sports Center,Inc. The petition is for the waiver of Sections 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 atong the West lot line, and for 35' off the required 35' green area along the South (front) lot line, and for t6.8' off the required 20' setback to 3.2' to the exist- ing buitding from the E�st lot line, and for 10' off the required 10' green area along the East lot line, and for a waiver of 42 parking spaces off the required 58 spaces to 16 spaces on the existing site. Beginning with that part after Mahlon Swedberg asked that the minutes reflect his opinion, that to have approved this proposal would have been an over- whelming concession of required parking spaces and a total concession of green area. (Any concession granted for this property ►^rould corrrnit the City to granting similar overwhelming concessions to atl 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) . ��� � Board of Zoning Appeals � October 11 , 1977 page 2 � Glen Christiansen said he also wouid like to note that there may have been some confusion on the motion to deny this petition, as he had suggested a possible change to the motion so the proposal could be deferred, however, the motion remained as stated and when the vote was recorded, it was 3 ayes for the motion and 2 opposed. Glen Christian— sen said his intent was to, also approve the rrwtion to deny the proponents request and it is so recorded, as, 4 ayes and l nay on the vote on the motion 77 —9 —39 (Map 12) Industrial 5905 Golden Valley Road (Site Address} B � R Properties Inc. , 6005 Gotden Valley Road (Office Address)_ The petition is for the waiver of Section 5.05 A (1) For 40' off the required 75' of green area to a green area of 35! from Golden _Valley Road..as . measured for 20fl' West of the East lot line of said proposal . Mahton Swedberg asked that the following be added for further clari— fication beginning with, Mahton Swedberg noted, the only reason for this waiver is for more parking in front, to suit the tenant. (He also noted that the waiver apptied 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. Futhermore, the cooperative and willing attitude of the propo�ent in developing a site plan that would be acceptable to the neighbors in every respect possibte, makes the advantages to the City and neighbors in granting the waiver, outweigh the disvantages. Glen Christianson moved to approve the minutes as amended. Mahlon Swedberg seconded the motion. Upon vote it was, Christian, Swedberg, Kost to approve. (Wagman and Sell _ not present as yet). 77 — 10 —42 (Map 11) Residential 1521 West Constance Drive Roger W. �' Sather The petition is for the waiver of Section 3.07 (ea) Side Yard setback. for 3' off the required 15' side yard setback to a di stance of 12' from the South lot line to the proposed garage addition, Chairman Kost reviewed the petition, found it ir� order and approval had been given by all affected property owners. Mr. Roger Sather and his son were present for the meeting. Mr, Sather explained his plans for construction of a garage, which atso included a stairway to the basement, and steps up, to reach the first floor level . The stairways as proposed between the garage and the existing house, constituted 6 feet of the total width of this proposal , ���`� Board of Zoning Appeals October 11, 1977 page 3 the garage being 22 feet wide. The chairman said, if the stairways could be eliminated, no waiver would be needed. Mr. Sather explai�ed the differential in height, the continuity of roof lines required and the desirability of the stairways. The Chairman noted that if built as proposed, the structure would stitt have a separation of approximately 30' from the adjacent house, which is fully developed, including a garage. Mahlon Swedberg said, the idea for the additional six feet for stairs up and down, did not appear to be a major reason to grant a 3� waiver. Glen Christiansen said, this structure as proposed, would be a desir— able improvement to the existing home, which has no garage at the present time. It also would add to the appearance and provide a valu— abte asset and upgrade the neighborhood. Glen Christiansen moved��pprove the proposal as presented. Walter Kost seconded the motion. Upon vote it was 2 ayes to approve and 1 nay (Swedberg opposed) motion carried. (Wagman and Sell not present at this time.) 77-10-43 (Map. S)Residential 2231 Lee Ave. No. Gary D. Hanovich, M.D. The petition is for the waiver of Section 3.07 (1 ) Front Setback. for 10' off the required 35' front setback to a distance of 25' from the front lot line to the proposed dwetling. The Chairman found the petition in order. Dr. and Mrs. Hanovich were present. Chairman Kost called the Board's attention that this Parcel had been granted a similar waiver twice before. Once in 1975, however no con— struction took place within a year, and again in1977, a similar waiver was granted, with plans subject to approval by the Building Board of Review. The proposed dwelling was not constructed and the owner sent a letter to the City requesting the waiver as granted be recinded. Dr. Hanovich said they had talked to all the neighbors about their proposed home. He said it is not to be built for speculation but as their horne and it would be constructed in keeping with the neighborhood as de— veloped and with the intent that it would be a substantial and desirabte additiot� to the area. Similar waivers have been granted in this area to move the houses for— ward and out of the flood plains elevation along Bassett Creek. '1aF�lon Swedberg moved to grant the petition as requested. Glen Christ— iansen seconded the motion, noting he did so to move it on to discus— sion. �'�"� 61 `;�,� Board of Zoning Appeals October 11, 1977 page 4 Glen Christian wanted as part of this motion, that the construction plans be approved by the Building Board of Review and that all neigh— bors that appeared on the petition be notified of that hearing, this to be done to insure that what had been verbatly related to the the neighbors by the Hanovichs' , woutd be confirmed as a result of approved plans. Mahton Swedberg disagreed with this addition to his motion. Chairman Kostcalted the vote, upnn vote it was unanimous to approve the proposal as requested. Glen Christiansen introduced the following motion. �r. Hanovich plans to be referred to the Building Board of Review and that all neighbors that signed the Petition be notified wFi�n the cc�mplete plans are pre— sented. This is to insure that- the Board is legatly correct based on previous waiver actions. ,and to insure construction is as proposed to �khe adj:acent property owners, Mahlon Swedberg seconded this for further discussion. Mahlon Swedberg asked Dr. Hanovich if there was an element of specutation. Dr. Hanovich said, "Absoluely not.'' Mahlon Swedberg said it was unusual to refer this to the Building Board of Review. Glen Christiansen again noted he wanted this requirement to insure it is consistent with previous actions on this Parcel . Chairman Kost called the vote on the motion. Glen Chrisiansen voted aye and Walter Kost and Mahlon Swedberg voted nay. Motion to refer plans to the Building Board of Review failed. (Wagman and Sell not present) 77 —10 — 44 (map 12) Industrial Lot 1 Block 2 Expressway International Park (Douglas Orive and Hiqhway 55) Stephen Kroqness (Sambo' s Restaurant) The petition is for the waiver of Section 5.05 of the Zo:nictc� Code. for 15' off the required 35' yard requirement to a distance of 20' from the East lot line along the service road to the proposed building at its closest point. The Petition was found in order. Mr. Steph�n Krogness was present for the meeting. Mr. Phillip Worthington was present to represent President Opsal and the Golden Valley Lutheran College. Mr. Worthington stated he is also a resident of Golden Valley at 2580 Regent. Mr. Worthington .stated that the college has no objections to the Sambo 's Restaurant Proposal , how— ever in �heir discussion with Mr. Krogness, they had received the impres— sion that on the adjacent property to the north, a restaurant with liquor may be proposed and the college was definitely op�osed to that. ��� Board of Zoning Appeals October 11 , 1977 page 5 The Chairman asked that Mr. Worthingtonscomments while not objecting to the Sambo' s Proposal , be recorded, noting the ojection to any future liquor proposal . Mr. Roger Sather, who was still present also asked that his objection to any future liquor proposal be recorded, noting that his son had recently graduated from Golden Valte College and he wanted their fine standards to be uphetd. The Chairman read a letter from Mr. Krogness, which stated that plans for this restaurant had made every effort to comply with all existing ordinances for green areas, setbacks, and parking, however along the east lot line along the service road in some areas, they could meet the 35' green and setback requirement. Mr. Krogness called the Board's attention to this property as bounded on 3 sides by roads and thatalong the south portion of the east lot line as the service road curves, they actually had more than the required 35' . The Board thoroughly discussed the parking, green areas, and building landscape. The Chairman noted that the building had a 2' overhang on the roof and that setback_.would be measured to the foundation. It was also noted that on the west side of the building, there was approximately 10' of landscape adjacent to the buitding that could be reduced and the building could be moved further back from the service road. There is excess parking spaces in the proposal and by eliminating 2 spaces adjacent to the east lot line further green could be established. Gten Christianson said he is reluctarrt to grant any waiver on a new development. Robert Wagman suggested that to minimize the requested waiver, he felt it best to move the building approximatety 10' west, providing a more esthetic green area and yet retain almost all parking. The Board discussed the reiocation of the building with Mr. Krogr�ess and he agreed it may be a workable solution to his requirements. Robert Wagman moved to grant a waiver of section 5.05 for 3' off the required 35' from the east lot line to a distance of 32' to the foundation at its closest point. Mike Sell seconded the motion. Discussion was called. Glen Chrisiansen restated his reluctance to grant any waiver on a newly platted proposal . Mahlon Swedberg noted that by not granting the full 15' waiver, several parking spaces may be lost to the green area, but parking was more than adequate. He also noted the curvature of the east lot line f' `� , Board of Zoning Appeals October 11, 1977 page 6 affecting this proposal . The Chairman called the motion; upon vote it was 4 ayes to appro�re a variance of 3� and 1 nay (Gien Christiansen opposed). 77 - 10- 45 (Map 18j Industrial 750 Ftorida Ave. So. Jerry Porter, Product Desiqn � Enqineerinq The petition is for the waiver of Section 7•055 of the Zoning Cade. to provide for a loading dock on the street side of the building. The Chairman reviewed the Petition and also the minutes of a recent meeting at which Mr. Porter had been granted waivers for building con- struction. At that time, Mr. Porter also had a request for a loading dock facing Florida Ave. on the new addition. During discussion at that time, Mr. Porter agreed to eliminate the proposed dock and that portion of the building addition and use the existing doors on the Laurel side of the building. In utilizing the existing doors, Mr. Porter has now proposed not to extend a loading dock out from the building, but to depress the surface at the doors so the semi trailers can meet a dock leveter mechanism at the door entrance. He explained the existing doors would be reduced in height and width and a third door, which now exists, would be bricked in and eliminated. The Board reviewed the surrounding area and also questioned Mr. Porter on his loading requirements, and shipping and receiving procedures. Mahlon Swedberg moved to approve Mr. Porters proposal for a two door loading dock, noting the following reasons. The abutting railroad property and tracks to the north, the industrial area as it has developed and the loading conditions of surrounding buildings and truck traffic in the area. Mike Sell seconded the motion and upon vote it was unanimous to approve. 77-10-46 (Map) Residential lots 24, 25, 26, 27, � 28 Block 1 Rings Colonial Second Addition, and Lats 4 %; 7 Block 1 Ring's Calonial Third Addition Alexander and Sons, Inc. The petition is for waiver of Section 3.07 of the Zoning Code. for 5' off the required 35' front set- back to a distance of 30' from the front lot line to the proposed dwettings Mr. Charles Alexander was present for the meeting. Chairman Kost found the petition in order. � �e»,r�* � � �!:,� Board of Zoning Appeals October 11 , 1977 page 7 Mike Sell said the lot numbers on the individual surveys did not correspond with the full plat and he was confused as to location of the lots in question. Mr. Atexander had his plat with him and upon examination, he noted that Mcombs Knutsen had not forwarded the current revised plat to the staff and Board. In the revised plat, the lots in the 3rd addition were reduced from 11 to 10. The Board then continued with Mr. l�lexander' s proposal . Mr. Alexander reviewed the developmentof the entire property,noting that the east end of the plat required poor soil removal and new soil instatled and compacted in the areas for home construction. It was during installation of these compaction areas that an error developed which limits the tocation and size of any home on the lots in this proposal . It was atso Mr. Alexanders desire to maintain his footing elevations at a levQt of 879, which places the basement six feet above water levet in the water area. He noted that during recent rains when the water tevel raised and the ponding areas were full , he had no problems with the existing new homes in his development. Mr. Alexander was asked about the possibility of adding additional compaction to the lotsaffected. He replied that the entire project was devetoped on a large scale with most of the compaction soil being obtained on the site from the westerly portion and to:•now correct on an individual basis, costs could run $10,000 per lot and for all purposes, make them prohibitive to build on. Mike Sell noted the lots concerned are cul—de—sac lots and that on the curve the ends of the houses would be within the setback and the closest point is at the center of each lot. He s�id if this was a straight tine proposal , he could not view it favorably, however he also called attention to the desirability to stay above the water tevel with the footings as Mr. Alexander had described and in doing so, this would provide better construction with fewer problems to the contractor and home owner. Mike Sell moved to grant the waivers on the lots requested, subject to the current accurate plat that these lots relate to being on file in the Building Department and correct surveys being provided. 61en Christiansen seconded the motion. Upon vote it was unanimous to approve the rr�tion. 77-10-47 (Map) Residential Southeast corner 23rd Ave. No. and Winnetka Ave. No. Robert Ridqeway Construction Company The petition is for the waiver of Section ' 3•02 (1) of the Zoning Code. to provide for (2) two—family dwellings in a Residential area. Plat as proposed. Chairman Kost reviewed the petition and it was in order. - ,,�,. ; �� j Board of Zoning Appeals October 11, 1977 page 8 Robert Ridgeway was present for the meeting. The Chairman asked Mr. Ridgeway to explain why double homes were desired on the two lots as shown. Mr. Ridgeway explained, he thought the doubte homes were a desirable buffer between the industry to the north and the single family homes in the remainder of his development. Glen Christiansen said the comprehensive plan provided for double homes on the north side of 23rd Ave. on the open property adjacent to Custom Tool Company and single family Momes were proposed in Mr. Ridgeways area. The Board discussed the actions of the Planning Commission in approving this plat. Mahlon Swedberg said that when they approved this plat with the square footages and frontage of the two lots coneerned, they in essence, approved them in anticipation of double homes being built on them. Robert Wagman did not agree with this interpretation and said irrespec— tive of lot sizes, as long as they met the mininum requirements for resi— dential zoning, nothing would prevent the Planning Commission fr�n approving larger lots without defininy them for two family dwellings. Walter Kost felt the Planning commission had erred in approving the plat and that two family dwellings were obviously intended. The Secretary noted some years past, a waiver had been granted for a two family dwelling on the lot at the northwe�t corner of Winnetka and 23rd Avene�es. No constructior► was done because of soil conditions and the lot at this time has reverted to the State of Minnesota. Mahlon Swedberg questioned the driveway locations for the double homes if they were approved, noting it would be undesirable to enter on Win— netka Ave. In further discussion, it appears that other open land along Winnetka may be proposed for two family rather than single fam?ly development. Mahlon Swedberg moved to grant the request as presented, subject to any driveways being located on 23rd Ave. or on a cul—de—sac if developed. Mike Sell seconded this motion. Upon discussion on the motion, Glen Christiansen said he still felt the comprehesive plan should be fol }owed and only single family homes developed on this plat. Chairman Kost called the motion and upon vote it was 3 ayes to approve— Wagman, Sell Swedberg and 2 nays—Kost and Christiansen opposed. The Board discussed several administrative items, inctuding on future apparent diffi•cult items, of having legal counsel present, if deemed necessary. �<^.�,,� -- �- w Board of Zoning Appeals October 11 , 1977 page 9 There being no further business to come before the Board, it:was, upon motion, duly seconded and vote to adjourn at 10:50 P.M. / ,,:�� �� �--�,�� Chairman Walter Kost Recording Secretary Lloyd Becker