06-13-78 BZA Minutes �, � �
MINUTES OF A REGULAR MEETING OF THE �
GOLDEN VRLLEY BOQRD OF ZONING APPEALS
June 13, 1978
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, June 13, 1978 at 7:30 P.M, at the Golden Vall ey Civic Center,
7800 Golden Valley Road, Golden Valley, Minnesota.
The following Board members were present:
Mahlon Swedberg, Cha irman
Larry Smith
M i ke Sel l
Glen Christiansen
41i 11 iam Forster
Lloyd Becker, Secretary and Staff Liaison
Members absent: none
The first order of business was the consideration of the minutes of the
regular meeting of the BAard held on May 9, 197$, copies of which had been
distributed previously to the Board. Glen Christiansen asked that the minutes
be changed to show his absence was due to being called out of town and was by
prior arr.angement (page 1), and Mr. Forster was absent due to his assignment
with the Golden Valley Fire Station Bond proposal comnittee.
Mahlon Swedberg also asked that the following additions or corrections be made:
Page 7, Item 7$-5-16, fifth paragraph, first sentence to read:
Mike Sell noted the large parking variances required in this proposal
however as a P.U.D, they may be justifiable as a part of the entire
proposal if approved as P.U.D.
Page 7, Item 78-5-16, sixth paragraph to read as follows:
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 could really
benefit by these services.
Page �, Item 78-5-16, fourth paragraph to read as follows:
Chairman Swedberg again reaffirmed the Board's recognition of the diff-
erence 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.
Page 8, adjournment at 1 :00 A.M,
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Board of Zon�ing Appeal s
June 13, 1978 page 2
78-5-12 (Map 18) Residential 135 Edgewood Avenue South Dennis L. Dahl
(Deferred from May 9, 1978 Board of Zoning Appeals Meeting)
The petition is f�r the waiver of Section
3.12 (1 ) to locate the proposed garage forward of the rear of
the main structure (house) approximately 4' .
Mr. Dahl was present for the meeting. Chairman Swedberg reviewed the proposal
with the Board.
Mr. Dahl explained that he had met with his contractor and the Golden Valley
Building Inspector and it was decided that the best location for the garage,
due to the topography, was 4' forward of the rear of the house. He also noted
the safety aspect involved because if the garage were set farther back , a
dropoff would be increased along side the garage.
Mike Sell moved to grant the waiver as requested noting that in doing so the
Board's determining factor was the t�pography. Glen Christiansen seconded the
motion and upon vote it carried unanimously.
78-6-17 (Map 3} Residential 4927 - 33rd Ave. North Robert V. Jacobsen
The petition is for the waivers of Sections
3.07 and 3.12 for 15.2' off the required 35' setback along
of the Zoning Code Quail Avenue to the existing house at its closest
point and for 15.2' off the required 35' setback
along Quail Avenue to allow construction of a
detached garage in alignment with the existing
house and for 1 ' off the required 20' house to garage
separation to a �istance of 19' between same.
The Chairman reviewed the petition and it was in order and approval had been
obtained from a]1 abutting property owners. Mr. & Mrs. Jacobsen were present.
The Board asked Mr. Jacobsen to explain his decision in locating the garage as
proposed and also discussed the size of the garage (26' wide by 24` deep).
It was noted that this was an older home that had been located closer to Quail
Ave. prior to existence of the Zoning Code and in a discussion with the Golden
Valley Building Inspector, it was decided that this uvas the most practical
location for the garage.
Larry Smith asked why the garage was not located on the east side of the house
where a substantial open area remained. Upon discussion it was determined that
due to topography and requirements to d.evelop another driveway on Quail Avenue
this was less desirable than the location as proposed.
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Board of Zoning Appeals
June 13, 1978 page 3
Glen Christiansen moved to approve the variance as requested, subject to the
propoer fire wall being installed on the garage wall adjacent to the house.
Mike Sell seconded the motion and upon vote the motion carried unanimously.
78-6-18 (Map 20) Residential 1301 Mandan Avenue (Lots 5 & 6 Glenwood View)
Loren S. Sederstrom
The petition is for the waiver of Section
3.12 (3) to allow construction of a single family dwelling
without providing for a garage due to extreme
topographical conditions of the lot and to allow
development of an off street parking area for the
proposed dwelling within the 35' setback and yard
area along Mandan Avenue:
Mr. Sederstrom was presen�C. Also present was Mr. Sheldon Be�nstein, ArchitQCt,
who made the presentation for Mr. Sederstrom.
Mr. Bernstein reviewed the type of construction proposed on this unusual lot
and the difficulties and expense involved in attempting to build any type of
garage. One estimate for example, was for a garage built into the ground at
the front on Mandan Ave. with all concrete sides and roof, was in excess of
$15,000.
To regrade the lot would destroy all the trees and ruin the area. Mr. Bernstein
gave a detailed expianation of how the house would be constructed. This is a
split entry style with the upper level at the same h�igl�t as the adjacent house
on tF�e north.
Mr. Sederstrom had designed the house for the lot, taking into consideration the
extreme topography. The Board discussed in detail the proposed parking area
and the requirements fo r adequate retaining walls in this area. Mr. Bernstein
proposed a parking area at the foot of the ba�nk approximately 24' x24' in size. �
The Board noted that there should be space provided for guest parking also.
Mr. Bernstein agreed this could be done. Concern was also expressed for adequate
maintenance of an area for trash pick-up and other household requirements.
Mike Sell moved to grant the waiver as requested subject to the following conditions:
1) development of a parking area adequate for 3 cars
2) adequate provisions are made for utility items, trash pickup, and
deliveries
Larry Smith seconded the motion. The Chairman called for discussion on the mc�tion.
Mahlon Swedberg noted again this is another typical example of difficult lots that
have remained without construction due to topography or soil conditions and that�
now because of land values are being developed. Upon vote it was unanimous to
approve the waiver as requested subject to the conditions as noted.
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Board of Zoning Appeals
June 13, 1978 page 4
78-6-19 (Map 17) Residential 6330 Glenwood Avenue Edwin G. Grotz
The petition is for the waiver of Section
3.07 Front Setback to allow construction of an attached garag� 10'
into the setback area al ong Edgeraood Avenue
The petition was in order, all adjaeent neighbors had given their consent on
the petition. Mr. & Mrs. Grotz were present.
Mr. Grotz explained they had built their home in June of 1952 and at the time
of construction were told by the City to locate their home 45 feet back fran
Glenwood Avenue. Due to the topography of the lot at that time they were only
able to construct a small single car attached garage. Mr. Grotz described
how at the time of construction, the contractor constructed the roof with a
greater slope than plans prescribed and the single car garage roof elevation
never appeared in proper perspective with tf�e house. Mr. Grotz presented plans
which showed the proposed garage addition and new alignment of the roof lines
which in addition to providing the additional garage space also provides a
better appearance to the total structure.
The Board noted the house to the north of the Grotz residence is set back more
than the required 35 feet.
Mr. Grotz said if he could have the 10' back that he gave away on Glenwood Ave.
in 1952 and apply it on the Edgewood Avenue side he would be very happy.
Mike Sell noted that this is a corner 1ot, that the 35' setback is maintained
in front and moved to approve the waiver as requested. Glen Christiansen
seconded the motion and upon vote the motion carried unanimously.
78-6-20 (Map 22) Commercial 600 Boone Avenue North Amoco Oil Company,
H�nry and Bertha Reiss, leaseholders
The petition is for the waiver of Section
5.05 of the Zoning Code for 12' off the required 35' setback at
Boone Avenue
At the request of the proponent, Mike Sell moved and Robert Forster seconded the
motion, and upon vote motion carried to defer the petition to the July 11 , 1978
meeting.
78-6-21 (N1ap 19) Cormnercial 2500-2550 Hillsboro Avenue Noeth (Convenience
Center located at P4edicine Lake Road & Hillsboro Avenue) Richard C. Ernst
(RCE Corporation) and William Sarbush , Partner
The petition is for the v�iver of Section
13.01 of the Zoning Code for 94 spaces off the required 197 spaces
on the total site to 103 spaces on the
total site - said waiver request subject to
proposed use restrictions by the proponent
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Board of Zoning Appeals
June l3, 1978 page 5
The petition was in order. Mr. William Barbush was present for the meeting.
Mr. Barbush related that earlier this month he had come to the City staff re-
questing assistance in resolving the status of the convenience center, 2500-
2550 Hillsboro Avenue, the lower level remains tagged by the City.
Mr. Barbush stated he is the owner of the praperty, not Mr. R. C. Ernst.
Mr. Barbush pre�ented a deed showing, as of August 1974, that he was the owner.
It was noted that as early as February 12, 1974, Mr. Ernst appeared before the
Board of Zoning Appeals requesting a waiver. Mr. Barbush stated that apparently
Mr.' Ernst at that time had as option to buy the property but later in August
he, Mr. Bar6ush, actually purchased the property and entered into an agreement
with Mr. Ernst to develop the site. It was from this time on Mr. Barbush stated
that he was unaware of any problems on the site, was never told by Mr. Ernst
when the addition was approved that there was to be no other use other than
storage for the lower level . Only after visiting the site several weeks ago to
see how the occupancy was progressing, that he noticed the building had been
tagged for violation of approved plans and Board of Zoning Appeals requirements
of June 8, 1976.
The Board discussed the law suit Mr. Ernst filed against the City of Golden Valley
in which Paragra ph 1 of Count One states Mr. Ernst is the owner of the property.
Mr. Barbush said Mr. Ernst is not now nor ever was the owner af the property.
However Mr. Ernst did and still does have an open manage�nent agreement with
William Barbush. Mr. Barbush stated he would terminate any agreement with
Mr. Ernst if successful in his waiver request.
Glen Christiansen and Mike Sell noted that in all their notes and also reviewing
all past minutes Mr. Ernst had always stated and on petitions represented
himself as owner.
Mr. Barbush described his {�roposal which is to complete the lower level for
office space and then provide a restricted covenant in a deed on the entire
property which would limit the corranercial use to 5800 sq. ft. and the remaining
9000 sq. ft. be 1 imited to business and professional use with the ratio to
never change. This would then provide 5800 Sq. Ft. with parking computed at
1 space per every 75 sq. ft. and 9000 sq. ft. at a space for every 150 sq. ft.
thus more closely meeting the parking requirements.
Mr. Barbush explained that all along Mr. Ernst had represented to him that
upper and lower levels were all available for rental and now with no income
provided by the lower level , the return is insufficient to meet the required
payments on the bu il d i ng.
The Board th�n discussed this proposal and the matter that Mr. Ernst is not
the owner and sgreed. Mr. Barbush's proposal could be conQidered as a new
request. Glan Christiansen noted that in 16 years on Boards and Commissions,
he has never seen a proposal utilizing two zonings on one property and in
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Board of Zoning Appeals
June 13, 1978 page 6
good conscience could not a�ree to any such use as it would be setting a
precedence with many foreseeable problems.
Mahlon Swedberg said it is desireable to have a viable piece of p�roperty
and it may be of mutaal interest with the City to resolve a total use of the
site. Their proposal may be better than blocking up lower level windows
and doors. Larry Smith, as a recent new member of the Board of Zoning
Appeals, noted he had no preconceived ideas on tF�e building, however,
after reviewing all past m�inutes and in viewing the site he could possibly
look favo�°ably on completion of the building if all details are spelled
out, all questions relative to the proposal clarified and complete review
for legal requirements done by the City Attorney.
Larry Smith stated he is concerned by the spot zoning and conditioned use
proposal. William Forster said he was concerned for what is best for the
City and a more productive 6uilding is best for the City. Bricking up
the basement at this time did not make good sense. It is his inclination
to view favorably the allowance of a waiver. Mowever this must be review�i
with legal coux�sel .
Mike Sell said he felt this was a new request and therefore could be con-
sidered for a waiver. Mike Sell moved to have this matter deferred to the
July 11 , 1978 meeting. Prior to the next meeting the entire proposal to be
reviewed by the Golden Va11ey City Attorney and the following conditions
to be reviewed for legal determination:
1 ) Site to be restricted to 5800 sq.ft. as commercial use 9000 sq. ft.
as business and professional offices use with no change of ratio ever.
( This condition to be added to the deed Qf the property. )
2) Mr. Bar6ush to provide evidence of his termination of agreement with
Richard C. Ernst on this site.
3) Mr. Barbush and Mr. Ernst release now and forever after the City of
Golden Valley fron any suit relative to this site.
4) Assure all development on the site regarding landscaping, a fence, etc.
5) L�etermine if Building Board of Review is rtquired to rule on building
as now constructed.
Larry Smith seconded the motion to defer this matter to the July 11 , 1978 meeting
subject to all conditions. The chairman called the vote and it was 4 ayes
to defer and 1 nay (Christiansen).
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Board of Zoning Appeals
June 13, 1978 page 7
78-6-22 (Niap 21 ) Commercial 8140 Golden Valley Road Golden Valley State Bank
(Northwest Quadrant Golden Valley Road & Uermont Street)
The petition is for the waiver of Section
5.05 S�ideyard Setback. for 6.1 ' off the required 10' landscaped area
along the East lot line beginning at the South
lot line and North to where the South lot line
again proceeds westerly and long the South
lot line from this point for 5' off the required
green area to the West lot line of said property,
13.01 for 101 spaces off the required 187 spaces to a total of 86 spaces
on the site and provision for 50 spaces used for waiting at the
drive through windows, in lieu of required parking spaces.
Present for the meeting were Mr. Paul Gallick, President of the Golden Valiey
State Bank and Mr. David Shea , architect for the proposed structure. Also
present was Dr. Gordon E. Johnson of the doctors clinic adjacent to the proposed
bank.
The secretary explained that the plans had been submitted and the fee had been
paid and notices sent to a11 adjacent property owners however, the petition had
not been received.
Mr. Gallick explained he had the petition with him, that the submittal was delayed
pending council approval of vacation of Vermont Street which occurred only several
days ago. Mike Sell moved to hear the petition. Glen Christiansen seconded and
the motion was carried unanimously.
David Shea made a complete presentation noting they had 3 plans for consideration
(A-B-C). The request had been on plan C which required a sizeable parking waiver
but met almost all green area requirements and met all buil�ing setbacks. Mr. Shea
explained that upon further review the bank thaught that in the best interest of
everyone, that Plan A was the most desirable. Plan A meets all structure setbacks,
provides parking that more closely meets the ordinance requirement but Plan A
does require waiver of portions of the green area a�ong perimeter property l�ines.
Dr. Johnson entered the discussion and presented his concerns about development
of adjacent property lines between the bank and the ciinic. He also was concerned
about future plans for taking of right of way on Wisconsin Ave.
It was noted that there will be adjustments on other properties also in the area.
The Board asked the secretary to arrange a meeting with the City Council to review
and coordinate future decisions for Valiey Square area deveiopment.
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Board of Zoning Appeals
June 13, 1978 page 8
After thorough review of all proposals and alternatives for the bank, Mike Sell
stated that the bank previously had been granted waivers January 11 , 1977 but
delayed construction to participate in the Valley Square proposal . Mike Sell
said it's time to proceed, that there have been er�ough delays and that the
City Council had initiated constructive moves to redevelop the area and the City
should move aF�ead.
Mike Sell moved to approve Plan A with all necessary waivers as required f�r
development and also a r�iver of up to 15' for construction of the proposed
canopy over the drive thru tellers. Glen Christiansen seconded the motion.
The chairman called for discussion on the mation. Mike Se11 re-emphasized the
importance af parking for this proposal , explaining why he felt it took
precedent over green areas on this proposal . Mahlon Swedberg felt any decis�ion
at this time without more information on the devel,a�nent of Valley Square was
hasty and wanted more information from the council . Mahlon acknowledged that
this is a good location and presumably a focal point for development however,
he was hesitant on what took precedent green area or parking. Mr. Gallick
noted there had been 26 or 28 public meetings on Valley Square proposal .
Chairman Swedberg called the vote on the motion to approve Plan A as presented.
Upon vote the motion carried 4 ayes and one nay (Swedberg opposed).
Plan A was signed and dated as exhibit 'A' and is to be the official document
for implementation of the Golden Valley Bank construction.
Chairman Swedberg reviewed several administrative items with the secretary
and the Board.
There being no further business for consideration by the Board it was upon motion,
duly seconded and upon vote car°ried to adjourn at 11 :40 P.M.
Chairman Mahlon Swedberg Recording Secretary Lloyd Becker