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02-14-78 BZA Minutes �i=��,?� MINUTES �F A REGULAR 1�EfTINC OF THE GOL�EN VALLEY BDARO OF Z�NINC APPE�►LS February 14, 1978 The regwlar meeting of the 6olden Valley Boa�d of Zoning Appeals was held Tuesday, February 14, 1978 at the Golden Valley Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Walter Kost, Chairman Glen Ch�istiansen Robert Wagman Mike Sell Lloyd Becker, Secretary and Staff Liaiso� Jennie Kim, Secretary pro tem Members absent: Mahlon Swedberg (hospitalized) Also present were Jon Westlake, Director of Plannir�g and Inspection, and Robert Skare, City Attorney. The meeting was called to order at 7:30 P.M. by Chairman Kost. + The first order of busir�ess was the consid�ration of the rninutes of the regular meeting of the Board hetd on January 10, 1978� copies of which had been dis- tributed to the Board. Mike Sell moved to approve the minutes as recorded a�d presented, and Robert Wac,�nan seconded the motion. Upon vote it was dnanimous to approve. The second item to cc�me before the Board was a peti#ion (78-2-3) from RCE Corporation (Richard C. Ernst), 2504 Hillsboro Avenue Fiorth - Convenience Center located at Medicine lake Road at�d Hiltsboro Avenue North. The proponent ask�s in .his petition that the Board of Zoning Appeals ratify his positior► as stated in his letter dated February 1 , 1978 and to have the Board of Zoning Appeals direct the staff accordingly. TY�e prc>ponent has interpreted the action of the Board of Zonir�g Appeals of June 8, 197b in a different ma�ner than stated and has constructed a building addition rwith a tower level that is not in conformance with the Board of Zoning Appeals approval of June 8, 1976, nor in accordance with plans presented to and approved by the B�ilding Board of Review, nor in accordance with approved pians presented by the applicant on December 3�� 1976 for his building permit and on fite in the City Building Department. Present for -this meeting was Mr. Richard Ernst, Sr. and Mitton Bix, Counset for Mr. Ernst. Chair�nan Kost reviewed the application with the Board and then asked the pro- ponent to review why h� petitioned to come before the Board of Zoning Appeals. Mr. Bix ca�e forward to represent Richard Ernst. Mr. Bix reviewed the proponent's previous application of Ju�e 8, 1976 stating the basic question he and Mr. Ernst were present for is to ask whether or not Mr. frnst can �se a portion of the basernent or lower level of his b�ilding for commercial purposes. Mr. Bix �oted the bc+ilding has bee� tagged by the City and no work is now being done at the lowrer level and the proponent is respecting the tags. � ���� _ � f: Board of Zoning Appeals February 14, 197$ page 2 Mr. Bix stated that a portion of t4ae buildi�g has been leased and a con— siderabte �nownt of equipment has been ordered to be put in and that Mr. Ernst has been under the belief that he had been allowed to use a portion of the lower level for commercial purposes. Mr. Bix stated that the City staff has taken the position that t�o portior� of the lower level can be used for commercial purposes, and that the proponent' s interpretation is that 1 ,862 square feet had been approved for �se and the r�naining area was storage and rnechanical . He also noted that Mr. Ernst' s fir�ancing was arranged providing for the use of a portion of the lower level . Mr. Bix stated they would like an ir�terpretation again of the Board of Zor�ir�g Appeal 's original approvai on June 8, 1976. Chairman Kost noted the lengthy past history of this project beginning in early 197�+ during which the use of th� basement or lower levet had been referred to and discussed �nany times, and tMat in the Board's action on Jt�r�e 8, 1976 the Board in addition to other waivers granted, provided for 117 parking spaces on the site �oting that �o use was to be made of the base�nt or lower level other than storage or mechanicat as no parking spaces were required or i�clwded for tMis area. Glen Christiansen said there is no doubt in his mind what the Board' s intentior�s and actio�s were on J�n� 8, 1976 regarding the basement or tower level area. Robert Wagman asked Mr. Ernst why, after s�bmitting plans for a building permit on �ecetnber 3�, 1976 which showed the lower leve] as storage and rn�chanical , and which were in conformance with the Baard' s actions on June 8, 1976, ar�d also said plans having been approved by the Building Board of Review, then did yo�+ construct the bctilding in the maAner yo� have, lease the lower area contrary to what was approved and now approximately 14 rnc�nths tater asked the Board to ratify your actions and instruct the staff to allow you to proceed. Mr. Er�st replied that e�en though he submitted plans as noted he stiil felt all along the Board intended on June 8, 1976 to allov� him to develop and use the lower level . Chairma� Kost asked for pictures taker� by the City staff at 9:15 I4.M. on February l , 1978. The pictures (2) are of a sign Mr. Ernst has had on the property throughout most of 1977 which is a rendering of the building and which advertises it as the ''Balcony Addition'' and clearly shows the lower l�vel enclosed according to approved plans. The Board noted this sign as ptaced clearly shows fihat Mr. Ernst was aware of how the bt�ilding should be constructed and used. Mr. Ernst repli�d ''no, the sign didn't really show thatF'. He saici he had not ordered the sign. Chairman Kost again referred to all previous Board of Zoning Appeals meetings regardi�g this property (to date totats 13 meetings) in addition to Pla�ning Ccm�ission and City Councii appearar�ces by Mr. Ernst. Ctaairman Kost said there st�owld be �o do�bt in Mr. Ernst' s mind what was pro�ided for on Jc�ne 8, 1976, and that the waiver for parkir�g to 117 spaces on the site provided only for the upper levels, with the Board so noting o� Jc�ne 8, 1976 that Ao�e were pro�ided for the bas�ment or lower level portion. �� �- � � Board of Zoning Appeals February 14, 197$ page 3 Mr. Milton �ix stated that rightly or wrongiq Mr. Er�st felt he had authoritq to use tMe lower level . He noted Mr. Ernst's cc>mmitment to leasing tMis area, his requirement to pay in full the contractors rvorkir�g at the site, and th� requirern�nts for cc�npletior� of the building to meet fina�cial provisions. Mr. Bix stated that Mr. Ernst' s financing and operation of the buiiding arere catrnitted to use of the tower level portion of sc�me 1 ,862 square feet. Mr. Bix asked "co�l d the br�i 1 di r�g be cc�rnpl etedF'? Can an agreement be reached whereby this can be done but conditioned that no use of th� lower level be made r�ntil a subsequent appeal ca� be made and pres�mabiy approved by the Board of Zoning Appeals? Mike Se11 questioned if this construction were allowed to proceed and snbseque�tly this matter �ent to litigation, wouldn't it weaken the City' s positio� and appear to condor�e Mr. Ernst' s preser�t actions? Robert Skare, City Attor�ey, stated the Board does not have the power to grant this type of condition and can only rule on varia�ces of the Zoning Code. Mr. Ernst' s application is strictly on a matter of interpretation by the Board. Attorney Skare r�oted that constructio� can proceed and the bu�ilding can be canpleted if dc>ne according to approved plans as approved by the Be�i 1 di r�g Board of Revi ew. Mr. Skare said the sabject to be considered is strictty interpretation, i .e. , is the staff acting correctly by enforcing the prior ruling of the Board of Zonit�g Appeals, and is the Board to ratify Mr. Ernst' s request or reaffirm again its actions of J�ne 8, 1976• Ghairman Kost stated tl�at speaki�g on behalf of the Board of Zo�i�+g Appeals he coutd co�fir� that the staff is acting correctly a�d in accordance with the provisions a�d intent of June 8, 1976. The Chairman said he v�outd e�atertain a motion on this entire mafter. Glen Christiansen moved that the action that the Board of Zoning Appeals toak on June 8, 197b, wherebq it stated that during tMe discussion of the basement storage or mechar�ical area it was r�c>ted that no use or developme�t of this area must be made at a later date as no parking spaces are required or included for the basement ar�a, and further rrbved that the action taken June 8, 1976, be reconfirmed, and that the action meant then and means now that there is to be no development of the lower level of the structure. Glen Christiansen atso m�ved that the staff's interpretation to this effect, of the action taken June 8, 1976, is rul@d to be cor�ect. The motion was seeonded b�r Mii�e Sell . The Chairman called for further di scussioc� or� the motion - there was none. The vote was cat led ar�d i t was ur�anirt�as to approve the mation of Gler� CMristiansen as stated. ]8-2-2 (Map 21 ) Coma�erciai 8T5 Winnetka Avenue �lortk� Sally Adams Realty The petition is for the waiver of Section 5•05 for 10' off the required 35' green area for a distance af 90' �lorth as �neasured frc�m the So�th lot line, and for 35' off the required 35' green area as measc�red from 90' Nortla of the South lot lirae for a distance of 125' North of the So�tM 9�' • � ��� d �:� Board of Zoning Appeals February 14, 197$ page �+ Chairman Kost reviewed the petition and found it in order. Approval Mad been received from all surrounding affected property owners. Sally Adams was present for the meeting. Also present was Cuy Adams and Ms Beaurline. Sally Adams explained that she was purchasing this building to use as her real estate office. She reviewed Mer survey and plot plan which sMowed additional fill being placed North ator�g Win�etka Avenue toward Bassett Creek so additional parking area can be developed for the site. This plan had been coordinated with City Staff, includi�g tk�e City Engineer, to insure no en— croachment within the Flood Plain would occur or any other cor�flict with requirements for setbaek or development along the creek arould occur. Sali�r Adar�s noted her desire to retain the blacktop area which pres�ntly exists ' in front of the strueture so that in addition to tMe proposed parking area she weuld have a total of 18 spaees on the site. This would alsa meet the require— ments of the Zoning Code for the size of the building. The Board noted that while this partieular stracture is not a part of the prc�— posed Valley Square plan, it is a highly visible property and contiguoc�s to any new development planned. With that in mi�d the Board stated it �rould like cc�mplete green area developed in front of the strueture beginning from the South property line and �orth to the existing driveway presently on the site (distar�ce approximately 90' ). The Board also desired further information as to how this and the parking area would appear and suggested while it looks favarably on the proposal , the Board wanted mc>re definitive information. It was suggested that the Board defer this matter for further information and if so, Sally Adams sFwuld coordinat� with City staff. This was agreed to by the propone�t. Satly Adar�s noted that time is imperative as her lease in the building she now occupies will be up for renewal shortly and the purchase of this property at 815 Winnetka Avenue is contingent on the necessary waivers requested. Chairman Kost discussed if necessar� a special meeting to consider this item if deemed necessary or desirable aAd the Board agreed. Mike Sell rrpved to defer this to the March 197$ meeting of the Board of Zoning Appeals and if the Chairman desires, to a special meeting prior to Mareh 14, 197$• Robert Wagmac� secanded the motion and wpon vote it was unanimous. There being no further business to c� before the Board, it was on motion, daly secor�ded, to adjourn at 10:00 P.M. � � � %/.r��" ';�;r '��-�''� Chairman Walter Kost ecording Secre ary Lloyd ecker