07-11-78 BZA Minutes �-�; °�
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MiNUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
July 11 , 1g78
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, July 11 , 1978 at 7:30 P.M. at the Golden Vatley Civic Center,
7800 Golden Valley Raad, Golden Va11ey, Minnesota.
The following Board members were present:
Mahlon Swedberg, Chairman
Larry Smith
Mike Se11
Glen Christiansen
William Forster
Lloyd Becker, Secretary and Staff Liaison
Members Absent: None.
Also present was Robert M. Skare, City Attorney.
6:30 P.M. Informational Meeting - Board of Zoning Appeals and City Attorney
The Chairman called the mee:ting to order at 6:30 P.M. Attorney Skare was present
to provide legal counsel to the Board in the matter of the RCE Corporation
(developer) and William Barbush, owner of the convenience center located at
Hillsboro Avenue and Medicine Lake Road.
The Chairman asked Mr. Skare for an averview of the Board of Zoning Appeals
By-Laws and the responsibilities and legal considerations of the Board in dis-
charging their duties. This was done. The Board discussed the By-Laws and
questioned Mr. Skare on possible changes or additions. Further review is to
be done.
7:30 P.M. Regular Meeting - Board of Zoning Appeals
The Chairman called the regular meeting to order.
The first order of business was the consideration of the minutes of the regular
meeting of the Board held on June 13, 1978, copies of which had been distributed
to th.e Board. It was moved by Mike SeIT , seconded by Glen Christiansen, and
upon vote, carried unanimously to approve the minutes of June 13, 1g78 as mailed.
78-6-21 (Map 19) Commercial 2500-2550 Hillsboro Avenue North
(Convenience Center located at Hillsboro Avenue and Medicine Lake Road)
Richard C. Ernst (RCE Corp.) and William Barbush, partner.
The petition is for the waiver of Section
13.O1 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 proponent.
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Board of Zoning Appeals
July 11 , 1978 page 2
Mr. William Barbush was present for the meeting. As noted this matter had been
deferred for further review by City staff and the City Attorney.
Mr. Barbush reviewed for Mr. Skare his proposal in completing the building.
The Board at its previous meeting said it looked favorably on completion of the
structure; however, they desired certain conditions verified by legal counsel .
Mr. Barbush presented his deed to the attorney wh'ich verified his ownership of
the property since 1974. Mr. Barbush explained that his interest with Mr. Ernst
is to have Mr. Ernst complete the construction on the site and complete the
arrangements for lease or rental of the units, and then at that time he would
terminate any interest of Mr. Ernst in this property by purchasing that interest.
The Board noted that in addition to any previous waivers granted on the property
there may be other conditions with adjacent property owners made by Mr. Ernst.
Mr. Barbush said he would agree to and abide �y any and al'1 prior commitments
made by f�r. Ernst to all parties concerned.
Mr. Skare explained that, if approved, the proposal to complete the building
addition would require the approval of the Building Board of Review and that
as-built plans would have to be prepared for consideration, as the building as
it now stands is not in accordance with previous approved plans on file in the
City Building Department.
Motion was made by Mike Sell , seconded by Larry Smith to grant a waiver of
94 parking spaces, from 197 down to a new required number of 103, being a
waiver of requirements of Section 13.01 of the Zofling Code, for the premises at
2500 - 2550 Hillsboro Avenue North (the Convenience Center) , subject to the
following express conditions:
1 . That at al_1 times during the life of the variance granted hereby, and
the subject commercial building here invol:ved, 5800 square feet of the building
premises shall be maintained for general commercial uses as defined in Section
5.03 of the City's Zoning Gode and 9000 feet shall be maintained for office
usage as defined in that same section of the City's Zoning Code.
2. That the applicants for this waiver, being originally Richard C. Ernst
and RC� Corporation, and thereafter Williaro Barbush and �ertrude Barbush, agree
that the construction of the subject cQmmereiai building shall :proceed in strict
accordance with all prior conditions accompanying any variance heretofore granted,
any further covenants or agreements made in connection with variances, permits
or approvals heretofore given by the City in connection with the subject
commercial building and in accordance and compliance with alI of the applicable
building and zoning codes and ordinances of the City and applicable state statutes.
3. That the final issuance of the variance approval and the building and
occupancy permits hereinafter necessary and required in connection with the
subject commercial buildin� shall be conditioned upon William Barbush,
Gertrude Barbush, Richard C. Ernst, and RCE Corporation a1T entering into an
agreement with the City specifying the conditions of this variance approval
and further providing for general release, hold harmless, defense and indemnity
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8oard of Zonin9 �PPea1s
July ll , 1978 page 3
clauses running in favor of the City from each of said parties relating to the
proces�ing of the municipal permits and approvals required in connection with
the subject commerciat building; that said release be prepared by the City
Attorney in recordable form; and that when executed by all of the above refer-
enced applicants and the City the said agreement then to be recorded in the
office of the Hennepin County Recorder.
4. That approval of the variance granted herein, subject to the conditions
above noted, is based upon the representations of William Barbush that as soon
as construction and renting out of the subject commercial building is completed
by Richard C. Ernst and RCE �orporation, acting as agents for William and Gertrude
Barbush, the business association between the said William and ertrude Barbush
and the said Richard C. Ernst and RCE Corporation, relating to the subject
commercial building, will be terminated so that after said time of termination
William anci Gertrude Barbush will continue as the sole owners a d operators of
the said commercial building until further notice to the contrary is given to
the City.
5. That in as much as certain portions of the subject com ercial building
have been constructed in a manner which is different from the plans now on file
with the City Building lnspector and heretofare approved by the Building Board
of Review by the City, the variance approval now given by the Board of Zoning
Appeals for construction of the subject commercial building site hereby, with
parking waivers as granted hereby, is made expressly subject to approval by the
Building Board of Review of such revised plans as shall be submitted by the
proponents reflecting the existing status of said commercial building as the
same has actually been constructed.
ft was further moved by Mike Sell , and seconded by Larry Smith that as respects
any prior action of the Board of Zoning Appeals retating to the subject
commercial building and site, the above motion shall be deemed to rescind and
supercede all prior actions by the Baard of Zoning Appeals to the extent, but
only to the extent, that any such prior action may be ineonsistent with the
motion immediately above.
After further discussion - during which Mr. Barbush stated he fuJly understood
and would abide the conditions as stated - Chairman Swedberg called for a vote
on the motion. The motion carried with 4 aye votes fio approve and l nay vote
(Christiansen) .
78-6-20 (Map 22) Commercial 600 Boone Avenue North Amoco 0i1 Company and
Henry and Bertha Reiss, leaseho}ders (Deferred from June 1978)
The petition is for the waiver of Section
5.05 of the Zoning Code for 12' off the required 35' se.tback at
Boone Avenue to allow construction of
canopies over pump islands.
The petition was in order.
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Board of Zoning Appeals
July 11 , tg78 page 4
Mr. Harlan McGregor was present to represent Standard Qil . No adjacent
property owners were present. Mr. McGregor explained the proposal to
construct overhead canopies over the pump istands, noting they were not
attached to the building proper and that the suppvrts for the canopies were
not in the required setback. The reas:on for installation of the canopies
is for protection against inclement weather and with the installation of
self service pumps, it was desirable to have this protection for the customer
servicing his own car.
Mahlon Swedberg said he felt the appearance was bulky and detracted from the
green area. Mr. McGregor noted that the canopy required the same adequate
design as a regular flat roof structure, taking snow loads, wind velocities,
and rain water into consid�ration.
The Board had viewed a similar recent installation on the Standard Station
located at Medicine Lake Road and Winnetka Avenue, New Hope.
The Building lnspector had asked for a ruling on the projection of the canopy
into the setback area to insure that a precedent would not be set on this
installation - as assuredly there wi1T be others.
Mike Sell moved to grant the waiver as requested, subject to the requirement that
the supRorting structures do not infringe on the setback area, and on-ly the
overhang can project. Larry Smith seconded the motion and upon vote, motion
carried with 4 aye votes and l nay vote (Swedberg) .
7$`7-23 �MaP �9) Residential 2013 Hillsboro Avenue North Donald A. Strom
The petition is fior the waiver of Section
3.07 of the Zoning Code for 17.5' off the required 35' setback
along Duluth Street to a distance of
17.5' from the lot line to the proposed
structure and for 1 .57' off the required
T5' side setback atong the south lot line
to the existing house.
Donald A. Strom was present. No adjacent property owners were present, but all
had previously indicated their conserrt on fhe application.
Mr. Strom explained his proposed garage loc�tion. Du7uth Street is a pl�tted
but undeveloped street at the north side �f thj� property where the .proposed
garage would be located. Being adjacent to this street, a 35' setback i�
required. A small shed and greenhouse are shawn adjacent to the pr�opased
garage. Mr. Strom a�reed the shed could be removed and the ga►'a9e moved
further from the property linee
It was moved by Glen Christiansen ta approve a �raiver of 13.5' of� the
required 35' setback to a distance of 21 .5' from the north lot line tQ the
proposed garage, and also to grant the waiver of 1.57� fram the south lot tine
to the existing house to bring it into conformity. The motion t�vas seconded
by Mike Sell and upon vote it was unanimous to approve.
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Board of Zoning Appeals
July 11 , 1978 page 5
78-7-24 (Map 19) Commercial 9405 Medicine Lake Road Mobil Oil Corporation
The petition is for the waiver of Section
1 .03 of the Zoning Code for more than 1 principal building on
one parcel of land (both structures
are existing) .
At the request of the proponent William Forster moved and Glen Christiansen
seconded the motian to defer this item to the August 1978 Board of Zoning Appeals
meeting because the proponent needs further preparation. Upon vote, motion carried.
78-7-�5 (Map ll) Business � Professional -0ffices 1415 North Lilac Drive Quadco
The petition is for the waiver of Section
13•01 for 29 spaces off the required 85 spaces to 56
parking spaces on the site and for 21 ' aff the required
25' green area along the most southerly lot line, for
15' off the required 25` green area along the remaining
south ]ot line easterly to Lilac Drive, for 35' off
the required 35' green along the east lot line begin-
ning north to a distance shown for parking area, for
10' off the required 25' green along the west lot line
beginning at the south lot line and continuing north
120' and from that point for lg' off the required
25'green for an additional 52' north along the
west lot line.
The petition was in order, and approval was indicated on the application by the
majority of adjacenfi property owners.
Mr. Ray Anderson, a partner in Quadco, was present. Quadco proposes to add
approximately 4,000 square feet to the existing building with construction being
along the east and north sides of the existing structure. At the present time
the existing building is short of the required spaces; however, based on present
occupancies, it was noted the parking area was very adequate. To provide as many
spaces as possible the proponent had proposed development of parking along and in
the required green areas (see petition description) .
The Board thoroughly discussed occupancies, traffic, alternate parking sites,
further property aequisition, etc. The Board could see no areas of justifiabte
improvement to the building that would surpass and justify any such sizeable
waivers of green areas and the required parking spaces.
Mr. Anderson stated that approximately 30 spaces at maximum are now used and
that he is a landscape architect and would develop the remaining green in the
best possible manner to esthetically upgrade the property.
Mahlon Swedberg said the waivers are sizeable and no reasonable compromise is
apparent and he could see no justification for approval . Larry Smith noted the
guidelines the Board has in consideration of waivers and that in his opinion
there was no unique situation, extreme topographical conditions, and any
economic considerations did nat really meet the intent of favorable consideration.
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Board of Zoning Appeals
July 11 , 1978 page 6
Mahlon Swedberg noted that this is a corner lot and bound by setback requirements
on both sides - which does provide additional green area, and in the proponent's
view, a hardship.
It was moved by Larry Smith to deny the petition. The motion was seconded by
Mike Sell and upon vote, motion carried with 4 aye votes (Christiansen. had to
be excused midway through this proposal because of an emergency telephone call
from his office) .
General
The Chairman read a letter addressed to all City Boards and Commissions from
Mayor Haover.
The minutes of the last meeting of the City Council also were reviewed.
Mahlon Swedberg notified the Board he will be absent for the August $, 1978
Board of Zoning Appeals meeting because he will be out of State.
After discussion of several other administrative items, and there being no
further business for consideration by the Board, it was on motion, duly seconded, I
and upon vote carried to adjourn at 10: 10 P.M.
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Chairman Mahlon Swedberg �— ecordi g Secretary Lloyd Becker