05-09-78 BZA Minutes �: ';
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MINU7ES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
May 9, 1978
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, May g, 1978 at 7:3� P•M. at the Golden Valley Civic Center,
7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members
w�re present:
Mahlon Swedberg, Chairr.►an
Mike Sell
Larry Smith
Lloyd Becker, Secretary and Staff Liaison
Members absent: Glen Christiansen-absence was due to being called out of town
and was by prior arrangement
G. William Forster, Planning Commission representative,-absence
absence due to his assignment with the Golden Valley Fire Station
Bond proposal committee.
As a quorum was present Mahlon Swedberg, after a 10 minute delay for Mr. Forster,
called the meeting to order.
The first order of business was the consideration of the minutes of the regular
meeting of the Board held on April 11 , 1978, copies of which had previously
been submitted to the Board. Mike Sell moved to approve the minutes as
presented. Larry Smith seconded the motion and upon vote it was unanimous
to approve.
7$-5-11 (Map 20) Residential 1504 Zealand Avenue North V. B. Kompelien
The petition is for the waiver of Section
3.07 for 10' off the required 35' front setback to a
distance of 25' from the front lot line to the
proposed dwelling.
Mrs. V. B. Kompelien was present for the meeting.
The Chairman thoroughly reviewed the petition and found it in order-copies of
notification to adjacent property owners were attached to the petition.
Mrs. Kompetien expiained her proposai to construct a new home on the site.
The difficulty on the site is the extreme dropoff at the rear which a�akes the
construction very difficult and that is why they have sought a waiver of the
front setback.
Mike Sell moved to approve the waiver as requested for 10' off the required
35' front setback. Larry Smith seconded the motion.
The Chairman called for discussion on the motion.
It was at this time that several members of the audience stated they were
present to speak on this proposal .
The Chairman noted it was his oversite in not asking if anyone was present to
speak on the proposal , prior to a motion being taken on the proposal .
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Board of Zoning Appeals
May 9, 1978 page 2
The following were present: Harry E. and Judy Mustard, 15D9 Zealand,
Albert and Marcella Scheeler, 1505 Zealand, Betty and Duane Young,
1501 Zealand.
The secretary noted that notices were sent to all affected property owners.
Betty and Duane Youn�, 1501 Zealand Ave. N. did not receive a notice, as this
is not a property abutting the proposal .
The Board entered a lengthy and detailed discussion with the group. The property
owners present said the City years back, had told them th+s would all be park
land. It was questioned why the City didn' t buy it now and add it to the
existing park.
One opponent said he had several opinions including a real estate company,
that said this home if built across the street from their existing homes, would
detract from their values.
It was noted that at the present time they enjoyed an unobstructed view of the
park and open space, that children enjoyed playing there, and that if one house
were built there sure}y would be another proposed on Lot 6.
Mr. and Mrs. Kompelien own both lots.
Mrs, Kompelien noted they presently live at 1020 Ork}a Drive, that they
intended to live in this new home, that it would be an attractive and substantial
addition to the area and for their own esthetic desires they propose to retain
as many trees, sumac and growth as possible on the site.
The Chairman noted and questioned those in objection, that it appeared that any
construction on the site even without any waivers being considered was object-
ionabie to the owners across the street.
The Board was asked again if the site could be purchased by the City.
Mike Sell noted that in fairness to all th.e taxpayers in the City, the develop-
ment of open space and parks are given careful consideration by the Council and
Commissions and that taxpayers, he included, would have every right to object if
the City indiscriminately set upon purchasing individual properties to preserve
the view and esthetics for only those directly affected, he also noted this lot
under consideration, as well as others, were just as available for purchase to
those opposed as to anyone else. They are legal buildable lots of record and
the City could be subject to legal action if they denied use of same.
Mike Sell also noted that the lots across from this proposal are, by today's
zoning code, substandard as far as size is concerned and today if built upon,
unless combined, would also require waivers.
The Chairman closed the public discussion on this proposal .
The Chairman noted the topography of the lot, the right of the proponent to
proceed or anyone else the right to request a waiver. Swedberg also reviewed
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May 9� 1978 page 3
the responsibility and duties charged to the Board by the City Council and also
their reasoning and judgements on proposals.
The Chairman declared that the motion to approve still stands.
Larry Smith reaffirmed his second to the motion, noting the proponent has stated
they wauld do everything to preserve this site, that the proponent has the right
to build and purchased the land with this intent. Larry Smith emphasized the
Board's fairness, thoroughness and consistency in considering matters such as this.
Mike Sel } again commented that many neighbors had lived in the area 10 to 20 years
and had the same opportunity as Kompeliens. The City because of the high cost
and limited availabiiity of lots is now seeing those lots being developed, and the
Board is hearing more requests and will continue to be required to do so in the
future as tand use dictates development.
Mahlon Swedberg proposed as an addition to the motion, to approve the waiver and
the following conditions be attached:
1 . The structure be limited in height to 1-story at street level , and
2. To every extent possible, naturaT vegetation be retained.
Mike SeIT agreed to the conditions attached to his motion and Larry Smith agreed
in his second of the motion to the conditions as stated.
Vote was called and it was unanimous to approve the waiver as requested subject
to the conditions attached by the Board.
7$-5-12 (Map 18) Residential 135 Edgewoad Avenue South Dennis L. Dahl
The petition is for the waiver of Section
3. 12 (1) for 10' off the required 20' house to garage
separation for the proposed garage construction.
The Chairman reviewed the petition and it was in order.
Dennis Dahl was present and explained his proposal and the considerations he
and his contractor had given to tocating the garage on the site. Mr. Dahl
described the. garage as 22' wide and 24' deep. The depth to allow storage of
lawn items, ete. as he has no other space available.
In his sketch showing the location of the garage at 10' from the house, Mr. Dahl
also showed it to be approximately 2 feet forward of the rear side of the house.
The Board discussed Section 3. 12 of the Zoning Code, paragraph(1) which describes
a garage to be totally to the rear of the house or main building; the question
being, did that mean to the rear of the :rear of the house or to the rear of the
front or main building? If so, Mr. Dahl would need an additianal waiver of 2'
to place his garage forward. The Secretary said it appeared the intent of the
code was to place the structure no further forward than the rear of the house,
thus preventing any future attachment in a non-conforming manner. It was agreed
to confirm this with the Zoning Director and/or City legal counsel .
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May 9, 1978 page 4
Mike Se11 moved to' grant a variance of 10' off the required 20' house to
garage separation, with the condition that the garage wall adjacent to the
house be sheetrocked in accordance with approved fire stop methods similar to
the fire separation required if the garage were attached, and that the structure
be wholly to the rear of the back of the house. There was no second to the
motion.
Larry Smith moved to grant the request as requested for 10' off the required
20' separation and subject to the required- firestop. This motion was seconded
by Sell and upon vote carried unanimously.
The Board further discussed with Mr. Dahl the }ocafiion to the rear - per the
Zoning Code.
The Chairman said he would entertain a motian to allow the proposed garage to
be built 2' forward of the rear side of the house. This motion was called for
twice. There were none, after discussion with the proponent the Chairman
called for a motion to postpone to the next meeting the question of locating
the garage 2' forward of the rear of the house, thus holding the subject open
without further expense to Mr. Dahl . The intent of this prvposed motion would
be to a11ow Mr. Dahl to construct within the waiver granted or to wait on
construction and request the Board to further consider additional 2' variance
forward on the garage.
Larry Smith moved to postpone in accordance with the Chairman's proposal .
Mike Sell seconded this motion. Upon vote this motion carried.
78-5-13 (Map 11) Commercial 1910 Douglas Drive (Mobil Station) Mobi } Dil Corp.
The petition is for the waiver of Section
5.05 (B) for 10' off the required 50' setback to a distance
of 40' from the East lot line to the proposed
addition for car wash area.
The petition was in order. Present at the meeting for Mobil Oil Company were
Mr. James Cox and Mr. Milton Fry.
Also present was Dr. Mildred Hanson, 6308 Knoll Drive, Edina, MN. Dr. Hanson
is the owner of the 51 unit multiple dwetling located to the Southeast of the
Mobil Oil Company at 6150 St. Croix Ave.
The present ordinance requires a 50' setback from the lot line to the existing
structure, 25' of which shall be established landscaped area. The proposed
additional car wash bay projects 10' into the setback at the rear of the station. �
At the present time the 25' green area, as required by the current zoning code,
is not generally estabtished.
The Board entered a lengthy and thorough review with Mobil Oil representatives
on the need, the operation of, and the projected effect this proposal would
have on noise, traffic, sewage capacity, water consumption, and ecology.
Dr. Hanson participated fully during this period, asking detailed questions
about this proposal , and expressing her concern for the occupants of her
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May 9, 1978 Page y
multiple dwelTing and repeatedly calling attention to her feeling on the effects
this proposal will have on the ecology in the area. She detailed her questions
on such items as noise, traffic, lights at night, stacking of cars, and all
other forms of pollutants.
Mr. Cox said that all other affected property owners were contacted and were
receptive and enthusiastic about the proposal . These owners include the new
Medical Clinic, directly to the rear of the station, the Church directly north
and Honeywell Corp, directly west. Mr. Cox said this type of car wash bay is
not comparable to the heavy traffic of commercial car wash units. Its purpose
is to provide a full service to the station's customers and is primarily used
by those persons purchasing gas and oil or having their auto serviced. Mobil Oil
Company feels that their experience with these units indicate they are an
excellent benefit to the users in the area.
Dr. Hanson asked if she could read a prepared statement she had composed.
Dr. Hanson said she had been the owner of the apartments for 8 years, had
personally installed plantings on the site and was concerned with autos humming,
traffic to the rear and the environmental effects, noting that the Board of Zoning
Appeals by refusing this proposal could set an example of stopping the prolifer-
ation of these units. The structure is not as much of a concern as the ecology.
Mahlon Swedberg closed the pub] ic discussion on this matter.
Mike Sell moved to grant a waiver of 10' off the required 50' setback along the
East lot line to a distance of 40' to the proposed car wash bay and subject to a
25' green landscape area being developed along the East lot line and that the pro-
posed addition �Slans including landscape be reviewed prior to issuance of any
Building Permit. Larry Smith seconded this motion.
During discussion on the motion, Larry Smith proposed the possibility of re-
quiring more than the 25' green area as a condition of approval , thus additionat
green area and landscape providing a desireabie buffer area which does not -now
exist. Larry Smith also suggested preventing any traffic from going around the
rear of the building as it now does. After further discussion Mike Sell withdrew
his previous motion and Smith his second.
Mike Sell moved to grant a waiver of 10' off the required 50' setback along the
East iot iine to the proposed car wash bay, said waiver is subject to the
following conditions:
1 . A 25' green iandscape area being established along the East and South-
easterly lot lines.
2. A permanent obstruction be erected to prevent traffic from circulating
to fhe rear and around the building.
3. That all of the aforementioned be installed as shown on the plot plan
now designated by the Board as Exhibit "A".
4. That structural and landscape plans be approved by the Golden Va11ey
Building Board of Review prior to any permit for construction being
issued.
Lar�ry Smith seconded the motion.
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Board of Zoning Appeals
May 9, i978 page 6
The Board noted that in granting this waiver, the improvements required as a
condition of this additiona► wash bay substantially improve the existing
station area, noting they have now provided for substantial improvements in
landscape, eliminated any traffic around the building, and that the benefits
now derived far outweigh any effects the 1Q' projection would have at the site.
Upon vote the motion to approve subject to all conditions carried unanimously,
Exhibit "A" was signed and dated by Chairman Swedberg and Mr. Cox of Mobil Oil
Company and this becomes an official document on which this proposal is to be
carried out.
78-5-14 (Map 23) Business � Professional Offices 8401-8421-8441 Wayzata Blvd.
United Properties (Westwood Lake Office Park) by The Northland Company
The petition is for the waiver of Section
13.01 {Parking) for 133 spaces off the required 669 parking spaces
as required by the Zoning Code.
The petition was in order. Present for the meeting was Mr. Bruce Odlaug,
Attorney� representing The Northland Company, owners of Westwood Office Park.
Mr. Earl Wilson one of the owners of an adjacent piece of property on Wisconsin
Avenue, had to- leave before this item was scheduled to be heard. He asked
that the minutes note his presence and that he had no definite opinion for
or against the proposal .
Mr. Odlaug noted difficulty in obtaining permanent financing for the last
building which has been recently completed on the site. The problem is that
the total site requires 669 parking spaces at the time of approval of plans,
133 of the required 669 were noted as "future", so that initially 536 would
be provided and as occupancy and construction progressed, if necessary, all
would or could be developed.
Mr. Odlaug's problem is to obtain permanent financing the mortgage people want
a firm commitment that if the 133 spaces marked "future" are not developed
then they forever after be removed as parking requirements so that at any later
date the money lenders are not faced with additional financial commitment.
The alternatives appeared to be: (1) develop the spaces and obtain financing,
(2) provide financial assurance to the lending agency of no further expenditures,
(3) seek other financing, (4) obtain a waiver.
After considerable discussion with Mr. Odlaug, Mahlon Swedberg said he could
see no justification for granting a waiver.
Smith rnoved that the request be denied, Mike sell seconded, for discussion
purposes only.
Discussion - Swedberg against because as occupancy grow�, spaces may be re-
quired. Smith - no assurance the green area remaining would not be developed
at a later date for commercial use.
Chairman Swedberg called the vote. The vote was Sr�ith and Swedberg nay and
Sell aye, the motion carried, reqwest denied. The Chairman outlined the means
of appeal to the City Council if the proponent so desires.
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Board of Zoning Appeals
May 9, i978 page 7
78-�i-15 (Map 11) P.U.D. #1-B Colonial Acres - Covenant Manor Nursing Home
5800 St. Croix Avenue
The petition is for the waiver of Section
4.03 (C) for 87 covered garage spaces off the required
109 covered garage spaces (plan indicates
32 covered spaces) .
4.03 (c) for 45 non-enclosed off street parking spaces
off the required 99 spaces (plan indicates
45 non-enclosed off street parking spaces) .
78-5-16 (Map 11) P.U.D. #1-B Bassetts Creek Plaza Phase 11 5801 Duluth Street
The petition is for the waiver of Section
13.01 (7) for 36 non-enclosed off street parking spaces
off the required 215 spaces (site pian indicates
216 non-enclosed parking spaces) .
Chairman Swedberg reviewed the petition noting that the two items :are really
dependent on one another. (Item 78-5-15 and Item 78-5-16) The petition was
in order.
Present for the hearing was Mr. Ken Benson of Benson-Orth Associates, lnc. and
Mr. James VanUugt of Colonial Acres Nursing Home and Architect Rich Moore.
The Board thoroughly reviewed the P.U.D. concept and the City Council and
Planning Commission actions to date.
Mr. VanVugt provided a lengthy and detailed explanation of the proposal which
included occupancies of the building, services provided, parking requirement,
transportation and also described the experience and operations of similar units
they operate in other areas of the country.
Mike Sell noted the large parking variances required in this proposat however
as a P.U.D. they may be justifiable as a part of the entire proposal if approved
as P.U.D. The ordinance should be changed so that when the Council cansiders a
P.U.D. they can include parking in their- determination rather than have the
Board of Zoning Appeals make an individual determination. In most cases a P.U.D.
is involved in parking waivers in relation to building size and zoning or
occupancy and they should be tied together.
Larry Smith stated he felt there was a definite need for this type of proposal
in the community and without this type of facility available to the citizens,
this in effect becomes a hardship to many who couid really benefit by these
services.
The Baard noted this project is distinctly different from a nursing home type
facility and that is their reasoning in considering any approval on parking
waivers.
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May 9, 1978 page 8
When occupied there are limited vehicle requirements and based on continued
same occupancies, the auto requirements tend to be further reduced.
Larry Smith moved to approve the variances requested in ltem 78-5-16 for the
Colonial Acres proposal P.U.D.
Mike Sell seconded the motion. Upon vote, motion to approve was unanimous.
Chairman Swedberg again reaffirmed the Board's recognition of the difference
there is between this proposal and a typical nursing home type as described
by the proponent. This particular housing for the elderly requires a pre-
payment fee to provide care for life. This arrangement strongly suggests a
much older average age of the residents and, therefore, a greatly reduced
useage of cars and greatly reduced requirement for parking.
As ttem 78-5-16, Bassett Creek Plaza variances are directly a part of this
proposal of Colonial Acres, Mike Sell moved to grant the parking variances as
requested in this petition.
Larry Smith seconded the motion and �he vote was unanimous to approve as
requested.
There being no further business to come before the Board, it was on motion,
duiy seconded to adjourn at i :00 A.M. , May 10, 1978.
Chairman Mahlon Swedberg ecordi g Secretary Lloyd e er
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