09-12-78 BZA Minutes �°'' � �
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MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
September 12, 1978
A regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, September 12, 1978 at 7:30 P.M. at the Golden Valley Civic Genter,
7$00 Golden Valley Road, Golden Valley, Minnesota.
The following Board members were present:
Chairman Mahlon Swedberg
Mike Sell
William Forster
Glen Christiansen
Jody Sehlin (Alternate from Planning Commission)
Members absent: Larry Smith (by prior arrangement)
The meeting was held in the Go1d Room at the Civic Center due to the Primary
Election being conducted in the Council Chambers area.
The first order of business was consideration of the minutes of the meeting held
August 8, 1978, copies of which had been previously distributed to the Board.
Mike Sell noted he had a correction for the minutes but could not recall from
the last meeting what the change should be. He clarified this by saying, it was
not in any waiver that was granted but related to who had made or seconded a
motion. The Board noted the Secretary could be cantacted if this proved to be
a discrepancy and subsequent correction could be made.
Glen Christiansen moved to approve as presented but subject to any administrative
error being corrected by Mike Sell . Mike Sell seconded the motion and upon vote
the motion carried.
78-9-30 (Map 13) Comrnercial 5740 Wayzata Blvd. Contemporary Desi�ns, Inc.
The petition is for waiver of Section
5•�5 of the Zoning Code for 17.5' off the required 35'
green area along Xenia Ave.
for 10' off the required 10` green area along
West lot line
for 5.5' off the required 20' setback on the West
lot line
6.025 for 14 spaces off the required 73 to 5g parking
spaces on the site per Light Industrial Zoning
Chairman Swedberg reviewed the petition and it was in order.
Present for the meeting were Messrs. Jerry Zweigbaum and Dean Kentner.
The proponents described their previous efforts to date in upgrading the property
and in detail described their proposal to add to and remodel the existing structure.
Mr. Zweigbaum described the nature of their business as specially designed
furnishings for office buildings, etc. and that certain portions of the building
were used as warehousing, showrooms, and office. It was described as a type of
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Board of Zoning Appeals
September l2, 1978 page 2
business in which clients are brought to the building to view and select
particular furnishings and desi.gns and that it is not a retai } or wholesale
distributing center which has a large traffic and parking volume.
It was stated that at present there are 13 employees and while the volume of ,
business is continually expanding the number of employees would not be
substantially increased.
The Board thoroughly reviewed the site plan whieh provides substantial green
area where none now exists and also viewed a rendering of the entire structure
when completed.
Mahlon Swedberg noted that a generai updating of the entire area is needed and
this proposal appears to be an attractive and substantial precedent for the
area. Swedberg pondered the desirability of further reducing the parking and
adding more green area along Xenia Ave. , however, after discussion this was not
considered further. The proponents had previously discussed site drainage on
their and adjacent property of Palm Beach, Ine. The City Engineer recommends
this be corrected in conjunction with any approval for construction.
The proponents reviewed this with the 6oard, noting they had coordinated this
with the adjacent property owner and the area would be raised and property
properly graded to take the drainage out to Xerria Avenue where adeq�uate
storm sewers exist.
Mr. Kaitz, owner of Pa1m Beach, lnc. , was present and confirmed this proposal
and stated as a neighboring property owner he is extremely favorable to this
proposal .
There were no others in the audience to speak on this request.
Mike Sell noted the upgrading and addition of required green area and noted the
parking as proposed is about 80% of what is required. Glen Christiansen said
the green area and substantial upgrading of the building and site appeared to
be a valuable effort in upgrading the entire area.
Mahlon Swedberg stated that the establishment of the parking, the addition of
required green areas, the total remodeling of the building including complete
fire protectian sprinkler system are a typical trade-off of sufficient merit
to justify favorable consideration of this proposal .
Mike Sell moved to grant the variances as requested, subject to the following
requirements:
1 . Compliance with the recommendations of the Golden Valley
Planning Commission dated September 11 , 1978.
2. Use of the building limited to l0i for office and
90% for warehouse.
3. Grading and water problems be corrected and constructed
as required by the City Engineer.
4. Subject to final approval by the City Council of
Golden Valley for rezoning of the site to Light Industrial .
Glen Christiansen seconded the motion, upon vote the motion carried unanimously.
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Board of Zoning Appeals
September l2, 1978 page 3
7$-9-31 (Map 20) Residential 1318 Valders Ave. North Carol Ann Correa
The petition is for waiver of Section
3.07 of the Zoning Code for 4.62" off the reqwired l2' sideyard
setback along the south lot line to a distance of 7.38'
from the south lot line to the proposed garage addition,
for .8' offi the required 35' setback from the front lot
l:ine to a distance of 34.2' fro�n the front lot line to
the existing house at its closest point,
The petition was in order, and it was noted the adjacent neighbor to the proposed
garage did not sign the petition.
Caro1 Ann Correa was present for the meeting.
The Chairman read a letter from the adjacent neighbor, Nathan Cooley, which
Ms Correa had incluc��d with her petition. In the letter Mr. Cooley noted he had
recently purchased his home, and liked the space that now exists between the
dwellings, and was concerned that in the future he may also want to add to his
structure.
Ms Correa thoroughly reviewed her reasons for wanting to expand the garage to a
two car unit. She noted that there is an alternative which is to build a de-
tached garage to the rear; howeuer, the driveway around the existing structure
would then be very close to the house and lot line and should the neighbor erect
a fence on this line, it would be difficult to use and maintain this drive in
the winter.
The Board reviewed and discussed the surrounding neighborhood which has many
similar circumstances and expressed that, should this waiver be granted, the
concern was that there would be more such proposals which would result in a signifi-
cant reduction in space separating houses in the area. There are no hardships
such as topography relative to this proposal . It is a typical situation of a
house built in the 1950's or 1g60's with a single car garage and now, due to
changing times and increased cost and values, home owners are seeking to upgrade
their structures to current standards. Many of these situations exist on lots
less than 100' in width.
Mahlon Swedberg introduced and read for the record a statement he had prepared.
The statement is as follows:
"This home like most of the homes in its area appears to have been built in the
early 1g50' s. Like many homes built at that time it was built with a single
car garage on a lot less than 100' in width.
The proponent wishes to improve the home by converting the existing single car
attached garage to a two car attached garage. By doing so a sizeable waiver of
the sideyard setback requirements will be necessary. Such a waiver will also
infringe somewhat on the neighbor's open space. This neighbor has expressed
some concern over this problem.
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Board of Zoning Appeals
September 12, 1978 page 4
Many homes in this area have built detached double garages to solve the same
problem the proponent states she has, namely, a need for more garage space
for car protection, aesthetics, cars on street, etc. Because this has been
done by many other home owners in the same area it is an obvious atternative
to the request for a waiver to build an attaehed double garage. There is
nothing in the lay of the land to prohibit a detached �.�rage and ne� extremely
serious harm to the landscaping will` be done by constructing- a driveway to
the rear of the property to the detached garage.
In my mind there is no reason to justify a waiver to build an attached double
garage on this property - except one. I regard this case as a landmark,
precedent-setting case because it is a classic illustration of a situatican
facing many homes in Golden Va11ey. The only justification is one of
"economic hardship".
Economic hardship was defined to the Board of Zoning Appeals by the Golden Valley
Council a couple years ago as a situation where the property owner requires
waivers to improve his property to bring it up to current standards which includes
such items as attached double garages, �Family rooms or additional bedropms.
This kind of improvement has become much more common and even very necessary
because of the fast rising cost of single family homes.
If this waiver is approved by this Board at th�s meetin� I believe it will create
a precedent that is too significant for this Bo�rd to c�e�te. I cannot foresee
any way to deny a future proponent a waiver under similar circumstances and
there are many properties with similar circumstances.
My vote on this: matter is "nay". At the same time l stron�ly support the request
of the proponent. My "nay'' vote is only for the purpose of enabling this issue
to appear before the Golden Va}ley City Council so it will get the attention it
deserves and properly reflect the feelings of the citizens of Golden Valley
as represented by the Council members."
The Secretary read to the Board the minutes of a joint meeting by the Baard af
Zoning Appeals and the City Council in August 1g76 which was held to further
communications with the Council and discuss the direction the Board of Zoning
Appeals should pursue when requests:for waivers are substantially a matter of
economics.
Mike Sell reiterated that there are many homes `rn the area with single garages,
and that he lives in the area, and at his home the only practical solution was a
detached garage at the rear. Mike Sell noted the propased garage, if expanded,
is to a width of" 20' which is a minimum pracfical width for a two car garage.
Sell said he looks at family rooms and living area additions as more important
for consideration than garages, because many people like to stay in their
present homes but desire to upgrade and expand the living area. Sell felt this
matter of garages should have further input of the City Counci � and said when
the vote is called on this petition in good conscience he would have to vote no,
but he would go to the Council if this proposal is denied and �ubsequently
appealed and at any such meeting would speak toward upgrading of residential
dwellings and areas.
Glen Christiansen said he could not recall any previous waiver request for a
garage this close to the lot line.
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Board of Zoning Appeals
September ]2, 1978 p�ge 5
William Forster noted that there is neighbprhood �greement on this pt'opos�J
and that there are no good alternates that are more practic�l or esthetic to
the property when considering additional garage space.
It was also noted that there are and will be sirnilar situations whereby an
individual seeks to upgrade his property to current standards and there may be
several proposals concentrated in one neighborhood. In view of this, Mr. Forster
stated that if the neighborhood wants this, and is in agreement with this proposal ,
then it should be considered favorably.
William Forster maved tp grant the waiver as requested. The motien was seconded
by Jody Sehlin, and upon vote, the motion failed to carry with Christiansen, Sell ,
and Swedberg voting nay. The request was denied.
7$-9-32 (Map 1) Residential 3709 Golden Va11ey Road Joseph E. 5upplee
The petition is for waiver of Section
3.07 (l) Front Setback for 22' of� the required 35' frc�nt �etback ,
tc� a distance of l3" firom the fre�nt lot 1 ine
to the proposed garage at its closest point.
Mr. Joseph Supplee was present and the petition was in order.
Chairman Swedberg noted this property' ha� an extreme problem Qf tQpography and
there is no other alternative for a garac�e on this site, The garac�e wQUld be
into the bank in front, would have a flat roof and a re}atively hidden profile.
Mike Sell asked the proponent if the garage could be shortened by 2 �eet, making
it 22' deep rather than 24 feet as proposed. Mr. Supp}ee stated that he had
a van that was long and while he could utilize a 22' depth he des�red 24 feet.
Sell explained his reason for shortening the garage was to provide suf$icient
distance to pull ofif the street and reasonab}e maneuvering areaa
Mahlon Swedberg noted that a waiver of front setb�cks are very we1L gu�rded by
the Board but that in this case the topography is an extreme hardship.
Mike Se}1 moved to approve a waiver of 20' off the required 35' front setback
to a distance of 15' from the front lot line to the proposed garage at its
closest point, providing for a garage of 2l ' wide and 22' deep,
The motion was seconded by Sehlin and upon vote carried, 4 ayes and l nay. (Swedberg)
7$-9-:33 (Map 13) Industrial 700 Colorado Avenue S4uth (Colorado at Laurel Ave.)
The petition is far waiver of Section
7.055 to allow loaaing docks facing a street, and
13.01 for 56 parking spaces off the required l48 spaces
on the site.
The petition was in order. Mr. Velie and his son were present.
Larry P. Butler, Trustee for Vincent S. Velie � Victoria S. Velie, Trust
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Board of Zoning Appeals
September 12, 1978 page 6
The Board reviewed the site plan. Mr. Velie explained the placement of the
berm along Laurel Avenue which is designed to screen the loading docks facing
Laurel Ave. In describing the proposed structure and its use, Mr. Velie noted
that the mezzanine portion would not be used entirely for offices and at the
maximum only 4800 feet would be used as such and the remainder as warehouse.
If used in this manner the parking requirement on the site would be reduced to
137. As the plan was being reviewed it appeared that by revising the design
and placement of parking areas, further parking could be provided, further
reducing or possibly eliminating any waiver requirement.
The Board advised Mr. Velie to go back to his architect and have this done.
taking into consideration the required maneuver area for the trucks at the
loacing dock. The Board generally looked favorably on the proposal noting the
berm along Laurel Avenue generally provided adequate screening of the loading
docks and the parking area. That other than parking all other zoning require-
ments such as, green areas, height, etc. are met and also noted that any
development of this property will be expensive due to the hardship presented
by the soil reports which indicate some areas of peat-to be removed to a depth
of 17 feet.
Glen Christiansen moved to defer this entire matter to the October meeting of
the Board of Zoning Appea}s to allow further parking to be designed and
developed for the site. This was seeonded by Mike Sel } and upon vote,
motion carried.
78-9-34 (Map 4) Residential 4500 Elmdale Road Elmer J. Hilger
The petition is for waiver of Section
3.07 of the Zoning Code for 3.07 (3A) for l .5' off the
required sideyard setback distance of 15' to a
setback distance of 13.5' from the West property line
to the Southwest �corner of the proposed garage addition
only,
3.07 (2) for 6.6' off the required rear yard setback distance c�f
17.6' to a setback of 11 " from the rear property line
to the proposed garage addition only,
3.07 (1) for 16' off the required 35' front yard setback to a
distance of lg' from the property line alc,n� Elmdale Rd.
to the existing single family dwelling only,
3.07 (1) for 3.5' off the required 35' front yard setback of
31 •5' from the property line along Lee Avenue North tQ
the existing single famiTy dwelling only.
Mrs. Hilger was present. The petition was in order and had all the abuttin�
property owners signatures of approval plus signatures of most of the neighborhood.
The Board noted this was an unusual lot and also while the petition appears lengthy,
two parts apply to the proposed garage and the other two apply to the house as
it now exists and are to correct the non-conforming areas by ,waiver,
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Board of Zoning Appeals
September 12, 1978 page 7
This request is identical to a previous waiver granted the Hilgers, August 13, 1974•
The Chairman asked Mrs. Hilger why they had let the waiver lapse without construction.
Mrs. Hilger explained during that time they had purchased another lot and were con-
sidering selling and building a new house, however, they have decided to stay where
they are and would now like to build the garage.
Mahlon Swedberg noted the lot is unique, his judgment on the proposal is the same.
Mike Sell , noting the request is exactly as previously granted, moved to approve
the waivers as requested. Seconded by Forster and upon vote carried unanimously.
78-9-35 (Map 22) Residential 33g Ensign Ave. N. Dougtas P. Boschee
The petition is for waiver of Section
3.07 (3) for 2.80' off the required 11 .25' setback along the
side setback south lot line to a distance of 8.45' from the south
lot line to the proposed garage addition.
Douglas Boschee was present, the petition was in order.
Mr. Boschee explained his house is some 50 feet back from the front lot line
and that the proposed garage would be 39.�' back from the lot line if constructed.
It was explained this is a 75' wide lot, the topography and access to the rear
eliminates any practical possibility of construction there and the proposed
garage would be a flat roofed addition to the house with a low profile.
Glen Christiansen said topography is a real factor of hardship with no way to
develop in the rear and in view of these factars and noting the improvement in
the area this proposal 'would provide, moved to grant the waiver as requested.
It was seconded by Mike Sell and upon vote, motion earried unanimously.
7$-9-36 (Map �) Light Industrial 6}O North Ottawa Ave. Jean A. Poole
The petition is for waiver of Section
5.05 for 10' off the required 20' setback along the north
zoning code property line to the proposed building and, for
6.025 1 parking space off the required 21 parking spaces to
20 spaces on the site.
Mr. Poole was present for the meeting. The petition was in order, signatures of
approval had been obtained from all abutting property owners.
This is a small lot zoned light industrial , 100' wide by 180' deep. The secretary
reviewed the history of a number of proposals presented to the staff f{,� past
few years on this property. Invariably these required sizeable parking waivers
and building setbacks. Mr. Wilson Montgomery, the architect for this proposal ,
has worked with Mr. Poole and has designed the proposed structure which provides
for almost all setbacks, all green areas and all but 1 parking space on the site.
Mr. Poole described his business which is telephone communications by paging and
by voice contact and they also provide a telephone call service. He is licensed
by the Federal Dept. of Communication.
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Board of Zoning Appeals
September 12, 1978 page 8
Mr. Poole described the number of employees during the daytime, evening and
weekends. During al] of these times it appears there would not be maximum
use of the parking area.
Mr. Poole explained his biggest requirement is telephone communications served
by the exchange he is now in, which limits him to locating in an area East of
Hwy. 100 and North of Hwy. 55.
The Board noted the topography at the rear of the lot has an extreme rise and
limits some of the use in that area.
Mike Sell moved to approve the waiver as requested, noting the size of the lot
and portions of its topography, also noting this lot is not conducive to many
uses because of its size and furthermore, this proposal appears to be about as
good as will be seen and fits well in the area. The waiver requests are minimal .
Glen Christiansen seconded the motion and upon vote, motion carried unanimously.
78-9-37 (Map 22) Light Industrial Part of Lot 11 , Busch's Golden Valley Acres,
Boone and Golden Va11ey Road (NE corner) Hoben Properties
The petition is for waiver of Section
5•�5 �B) of the Zoning Code for 40' off the required 100'
setback adjoining open property,
for 2' off the required 35' setback to a distance of
33' from the south lot line to the proposed building
at its closest point.
Mr. James Hoben was present for the meeting. Also present was Mr. Henry Reis,
adjacent property owner.
The Chairman reviewed the petition and noted the copy of the survey presented
had the lower portion not legible and the date of survey could not be determined
and also that the survey does not show the lots as now combined or any flood plain
elevations as this lot is near and along Bassetts Creek.
It was noted during discussion that the 100' requirement to Open property would
not be required when and if the open land is developed and rezoned.
During the discussion Mr. Hoben agreed to remove his request for the 2 feet off
the required 35' and would align the building walls in conformance with the
35' setback along Golden Va11ey Road.
The Secretary noted that while flood plain elevations were not shown, he would
clarify this with Jon Westlake, Director of Zoning and Inspection and
Lowell Odland, City Engineer. If in the flood plain, subsequent waivers or
approvals would be required.
William Forster moved and Jody Sehlin seconded a motion to approve a waiver for
40' off the required 100' setback as requested to a distance of 60' from the
iand now zoned Open Development to the proposed structure. Upon vote the motion
carried unanimously.
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Board of Zoning Appeals
September 12, 1978 page 8
The Chairman discussed several administrative items, including proposed By-Laws
review, additions, changes and amendments.
There being no further business to come before the Board, it was on motion,
duly seconded, and upon vote, carried to adjourn at 11 : 15 P.M.
Chairman Mahlon wedberg R cordin ecretary Lloyd Becker