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03-14-78 BZA Minutes � f=- �. MINl1TES �F A REGULAR MfETIN6 OF THE GOLDEN VALLEY BOARO OF ZONIN6 APPEALS March 14, 197$ The regular meeting of the Gotden Valley Board of Zoning Appeals was held Tuesday, MarcM 14, 1978 at tMe Golden Valley Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The fotlowing Board members were present: Glen Christiansen Robert Wagman Mahlon Swedberg Lloyd Becker, Secretar}r and Staff Liaison Members absent: Chairman Kost and Board Member Seil . In the absence of the Chairman the Secretary called the meeting to order at 7:30 P.M. and declared nominations were in order fo� a CMairman pro tem. Glen Christiansen moved to appoint Mahlon Swedberg, Chairman pro tem. The motion was seconded by Robert Wagman, and upon vote, motion carried. Mahlon Swedberg assumed the Chair. The first arder of business was the consideration of the minutes of the regular meeting of the Board held on February 14, 1978, copies of which had been dis- tributed to the Board. Robert Wagman moved to approve the minutes as recorded and p�esented, and iten Christiansen seconded the motion. Upon vote it was unanimous to approve. 78-2-2 (refer to February 14, 1978 Board of Zoning Appeals minutes) (Map 21j Commercial 815 Winnetka A�+enue North Sally Adams Realty The petition is for the waiver of Section 5.05 of the Zoning Code for green area along Winnetka Avenue as shown on the plot plan. Sa11y Ad�ns and an associate, Ms Beaurline, were present for the request. Sally Adams presented a revised parking and landscape plan as requested by the Board. A rendering of the building and landscaped area was also presented. This plan had been reviewed previousty witM the City Engineer and the Inspection Department and was a cornposite of the best possible use of the site. Robert Wagman felt it was a much improved and excellent proposal . Robert Wagman moved to grant the waiver as requested and as presented on this new plot and landscape plan of March 14, 1978. Glen Christiansen secor�ded tMe motion. Upon discussion Chairman pro tem Swedberg designated tMe landscape and plot plan as Exhibit t'�'' to be placed on file as the afficial record of the variance as approved. This was signed and dated by Mehlon Swedberg and Sally Ad�ns. Upon vote, motio� to approve was unanimous. (The next item of be�siness was the petition frcxn C. R. Volp, 775 Colorado Ave. S. Mr. Volp had not arrived at the time his petition was to be considered and it was r+�ved to the last item on the agenda.) ; � � � Board of Zoning Appeals March 14, 197$ page 2 78-3-4 (Map 20) Residentiai 13�0 Gettysburq Aven�e North John J. Day The petition is for the waiver of Section 3.041 for 449 sq�are feet short of the required sqeaare footage of 18, 75� for a double bungalow� 3.02 to allow constrr�ction of one (1 ) double bungalow adjacent to single family residential . The Chairman pro tem reviewed the petition and it was in order. John Day was present for the meeting. Also present were Mr. a�d Mrs. Paut Lantta, l�al Gettysbtarg Ave. N. , who live directly across the street from the proposed dwelling and had signed in approval . Mr. Lantta said they did have some concerns about how the structure woald look and also tocation of th� structure and drive— ways on the property. Mr. Day explained his proposal and past Council and Planning Commission actions on this item. He noted he would cooperate ir� makir►g the proposal as compatibte and desirable as possible. Robert Wagman moved to apprave a waiver permitting construction of a two—fart+ily dwelling in a residential area and also to approve a waiver of approximately �75 square feet off the required 18,75� square feet of lot area required — these waivers subject to the proposed westerly lot line of the existing double dwelling adjacent to this praposal being rr�oved easterly approximately ar� additional •94 feet and subject also to the approval of the Golden Ualley City Council and the vacation of Flag Avenue as proposed. Glen Christiansen seconded the motion noting that he did so onlq to move it on for discussion in the absence of two other members of the Board. The Chairman pro tem called for discussion on the motion. John Day noted he would corr�ly with a�y engineering requirerr�nts for location of driveways, etc. �len Christiansen stated that in principal he is opposed to any waivers of the square footage on double dwellings and does not like estab— lishing any precedence for future proposals. Robert Wagman noted that if single family dwellings were con:�tructed on the lots there wc�uld be more con— gestion an the property and that a double dwelting of substantiat and esthetic quality placed on the property would have more open area and generaliy would be more desirable. Mahlon Swedberg called the vote. Robert Wagman and Mahlon Swedberg voted in favor of the motion and Glen Christiansen voted against the same. The motion carried. 78-3-5 (Map 12) Residential 5729 elson Memorial Hiqhway Michael J. Pavek The petition is for the waiver of Section 3.�7 (3) for 8.26' off the required 11 .06' sideyard setback to a setback distance of 2.8� from the West property line to the existing si�gle family dwelling only. � k��°).-�+_ Board of Zoning Appeals March 14, 1978 page 3 The Chairman pro tem reviewed the petition and found it in order. Mr. and Mrs. Michaet Pavek were present for the meeting. Mr. Pavek explained that when applying for a building permit to add to his house it was refused as the existing dwelling was too close to the West lot line. Mr. Pa�rek' s intention is to construct a 27' x 14' addition on the East side of his house and the addition requires no waiver. Mahlon Swedberg r�oted tMis is a very large lot �73' wide and 295' deep), and it was unfortunat� the existing dwelling was placed as it is. Mr. Pavek noted that he purchased tMe home taro years ago when it needed considerabte work. The addition is further upgrading of the property. Gle� Christiansen moved to approve the waiver as presented, noting the addition is a further substantial ir�rovement a�d also noting that the adjacent properties to be developed are still in question. Robert Wagman seconded the mc>tion and upot� vote it was unanimous to approve. 78-3-6 �Map 15) Residential 6909 Olympia Street tic�ward W. Gilbert The petition is for the waiver of Section 3.07 (2) for 3.3' off the required 14.9' rear setback tc a setback distance of 11 .6' from the South property line to the proposed single family d�lling only. The petition was reviewed and found in order. Mr. Hc>ward Gilbert was present for the meeting and exptained his proposal fo� a new home on the lot. The Board of Zoning Appeals reviewed the Planning Ccxnmission minutes of February 13� 1978 which approved a waiver of the Platting Ordinance for this property. Robert Wagman mov�d to approve the variance as requested subject to co�ditio�s of the Planning Cc�mmission minutes dated February 13, 1978• Cien Christianser� seconded the motion. Upon vote it was unanimous to approve. 7$-3-7 (Map 3-4) Residential 3202 Kyle Avenue North Diamond Construction, Inc. The p�tition is for the waiver of Section 3.07 (1) for 9' off the required 35' front yard setback distance to a setback of 26' from the front property line along Kyle Avenue to the front of the proposed dwelling only. The petitio� was reviewed and found to be in order. Mr. Gene A. Volk of Diaxnond Const�uction, Inc. was present. ��_� ��, � Board of Zoning Appeals March 14, 1978 page 4 This waiver had been previously approved in January of 1973 bwt had expired as no construction had taken place. Similar waivers had been previously granted to adjacent properties to allow construction becaase the lots a�e very difficult to develop dUe to extreme drop off at the rear. Mr. Volk showed the Board plans of the home he designed specifically for the lot, estimating its cost at approximately $85,000 and noting unusual construction requirements due to the terrain. Glen Christiansen moved that, in view of waivers previot�sly granted, the petition be granted as presented. Robert Wagman seconded the motion and upon vote, it was unanimous to approve, noting the �nique topography ir�volv�d. 78-3-3 (Map 13) Industrial 775 Colorado Avenue South C. R. Votp The petition is for the waiver of Section 5•�5 A for 10' off the required 1�' landscaping on So�th lot line, for 35' off the required 35' landscaping for a distance of 20' North as measured fror� the South lot line, for 30' off the required 35' landscaping for a distance of 115' from 20' North of the South lot line for a distanc� of ;115' , for 10' off the required 35' landscaping for a distance of 175� from 35' East of the West lot line for a distance of 175' , 5.05 B for 3' off the required 20' side setback to a setback distance of 17� from the East property line to the proposed addition, 7.055 to allow track loading docks to face Colorado Circle. The peti tican was i n order. Mr. Clair Volp was present for the request. Mr. Volp had previously been granted a waiver on July 13, 1976 for an addition to his building which was t�ot con— structed; however, this proposal now locates the addition to the rear of the existing building and adjusts the parkir�g locations and provides for fusther green area on the site. The Board thoroughly reviewed the building and plot plan clarifying tocation of loading docks—existing and proposed and also reviewed fire protection and accessibility around the building adjacent to the railroad tracks. Mr. Volp agreed to adjust the building if necessary at the Northeast corner adjacent to the railroad tracks to provide access around the building for fire vehicles. The Board noted that the variance for 10' off the required 35' landscaping for a distance of 175' should read for a distance of 175' easterly alonq the north lot line beginning 35' east of the west lot line. � ;: - �_.. �'� `� Board of Zoning Appeals March 14, 197$ page 5 The variance request for a loading dock facing Colorado Circle is also amended to include existing docks and is to read for not more than five loading docks to face Colorado Circle. Glen Christiansen moved to approve the waivers as amended and providing that the plot plan as prese�►ted be marked as Exhibit "A�' and signed and dated as a permanent document by Mr. Volp and Chairman pro tem Mahlon Swedberg and swch document be kept on file in the Building Department and any building permit be issued in accordance with the descriptions and provisio�s as shown. Robert Wagman seconded the motion and upon vote it was unanimous to approve. The plans were marked Exhibit ''�A" and signed. There being no further business to come before the Board, it was on motion, duly seconded, to adjourn at 10:30 P.M. \��%�,G�•n���.t��►�.t[.�. Chairman pro te Mahlon Swe erg Recordin Secretary Lloyd Becker