10-10-78 BZA Minutes r.-:-' ;..-���
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MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BQARD OF ZONING APPEALS
October 10, 1978
A regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday,
October 10, 1978 at 7:30 P.M. at the Golden Valley Civic Center, 7800 Golden Valley
Road, Golden Valley, Minnesota.
The following Board members were present:
Chairman Mahlon Swedberg
William Forster
Larry Smith
Glen Christiansen
Members absent: Mike. Sell (by prior notice and arrangement) .
The first order of business was the consideration of the minutes of the meeting held
September 12, 1978, copies of which had been previously distributed to the Board.
William Forster asked that in the matter of Item 78-9-31 , 1318 Valders Ave. ,
Carol Ann Correa (garage waiver) , the minutes be amended to reflect his statements
and rationale prior to moving for approval of the waiver. The minutes are amended
to read "William Forster noted that there is neighborhaod agreement on this praposai
and that there are no good alternates that are more practi��al or esthetic to the
property when considering additional garage space. It was also noted that there
are and will be similar 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."
Glen Christiansen moved to approve the minutes subject to inclusion of Mr. Forster's
amendment. Larry Smith seconded, and upon vote, motion carried.
7$-9-33 (Map 13) Industrial 700 CoTorado Avenue South (Colorado at Laurel Avenue)
Larry P. Butler, Trustee for Vincent Velie (Deferred from September 12, 1978 Meeting)
The petition is for waiver of Section
7.055 to allow loading docks facing a street
This request had been deferred for further revision of parking spaces on the site.
The Board had indicated at the September meeting that it looked favorably on this
proposal if parking was further defined. The Secretary noted several parking con-
figurations had been submitted following the September meeting and the one now under
consideration requires no waiver. The waiver request is now only for the loading
docks facing Laurel Avenue which would be screened by the 10' high berm as shown
per plot plan.
Mr. Vince Velie, Jr. and Mr. Robert Johnson, Vice President of Johnson Construction,
were present and again reviewed the proposal with the Board.
This site has a severe hardship of poor soil conditions and it was noted that develop-
ment and design to correct this is substantial . Chairman Swedberg reviewed the
Board's considerations at the September meeting and noted that this appeared to be
a satisfactory proposal for the site.
Glen Christiansen moved to approve the request as now amended for the loading docks
facing LaureY Avenue, subject to the berm being constructed as shown. Forster
seconded the motion and upon vote, motion carried. Chairman Swedberg and
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Board of Zoning Appeals
October 10, 1978 page 2
Mr. Robert Johnson signed and dated the approved plan and it was marked Exhibit '''A"
by the Secretary and is the official plot plan to be used in conjunction with final
construction plans when the building permit is issued.
78-10-38 (Map 5) Residential 4224 Golden Valley Road Kent McPhail
The petition is for the waiver of Section
3• 12 (1) to place a detached garage forward of the principal
structure but maintaining the required 35' setback.
Mr. Kent McPhail was present for the meeting and reviewed his proposal with the
Board. Signatures had been obtained for approval from adjacent neighbors.
This house is placed well to the rear of the lot, which is 209' deep, with the
house being 23' from the rear lot line. This lot had been divided with Council
approval in 1967 with the remaining 149' being platted as a lot now facing
Legend Lane. Mr. McPhail has no other place to construct a garage but forward
and to the side of the present dwelling. It was noted the garage could generally
be in line with the fronts of the adjacent homes.
During the discussion the Board asked the Secretary to review the portion of the
Zoning Ordinance which relates to accessory buildings to confirm whether a
detached structure can be placed within the same side lot distances when in front
of the principal building as when it is placed to the rear (5' from the side and
rear lot lines) . The Secretary reviewed the Ordinance and it appeared there were
other conditions that speak to this in the Ordinance and that an opinion would
be necessary from the Director of Planning and Inspection and the City Attorney
i�' necessary.
Larry Smith moved to grant the variance as requested, subject to the following:
l . Every effort be made to place the proposed garage in essential alignment
and direction with the dwellings on ei�her side.
2. An opinion and verification of application of side lot setbacks be obtained
from the Director of Planning and Inspection and/or the City Attorney prior
to issuance of the building permit.
(Mr. McPhail agreed to adjust the side setback to whatever is required when
placing the garage forward of the house) . Glen Christiansen seconded the motion
and upon vote, motion carried.
7$-10-39 (Map 1) Residential 2400 McNair Drive Robert J. Shellum
The petition is for the waiver of Section
3.�7 �3) side setback for 5.3' off the required 12.3' to
the addition at its closest point along the east
lot line and for 2.7' off the required 12.3' set-
back to a distance of 9.6' from the east lot line
line to the existing house.
Mr. & Mrs. Robert Shellum were present and explained their reasons for proposing
this addition to their home.
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Board of Zpning Appeals
October 10, 1978 page 3
The present home is on a corner lot and is placed crooked on this lot which
brings any proposed addition progressively closer to the North lot line,
whereupon maintaining alignment with the existing side of the house. This
lot has unusual dimensions - 100' deep from McNair Drive and narrow at the
front and wide at the rear with an average lot width computed .at 82' . This
results in a side lot setback requirement a}ong the Northwest lot line of 12.3 ' .
The existing house is 9.6' and the addition at its closest point following the
house line would be 7.0' from this lot line. Mr. Shellum noted that this is a
corner lot and having to maintain the required 35' setback on two sides leaves
no place else to expand, and the present house has only two bedrooms and
additional space is necessary or he would have to move.
The Board noted this home is in an area developed earTy in Golden Valley and
that lot sizes are generally less than what was platted later and that many of
these homes are being updated by their owners. It appears there are no other
alternatives if additionaT space is provided. All affeeted neighbors had signed
the petition in approval .
Chairman Swedberg again noted the property has two sides requiring the 35' setback,
the lot lines are not parallel , and the existing house is placed crooked on the lot.
Glen Christiansen moved to approve the waiver as requested, noting that when he
looked at the site, it appeared there are no better alternatives to provide the
additional space. William Forster seconded the motion, and upon vote, motion
carried.
78-10-40 (Map 20) Residential 1521 Zealand Avenue North Ronald E. Berglund
The petition is for the waiver of Section
3.07 for 8' off the required 15' side yard setback to a
distance of 7' at its closest point from the south
lot line to the proposed garage, and
3. 12 (1) for 14' off the required 20' house to garage separation
to a distance of 6' , and
3. 12 (1) to allow an accessory building forward of the principal
structure.
Mr. Ro�e�t B�•rg3und was presen�. Approval had been obtained, �rom the adj�cent
neighbors, and no affected property owners were present.
Mr. Berglund reviewed the history of the present house as now constructed, noting
the extreme topography involved and the difficulty in utilizing the existing
attached garage. The house is well to the rear of the lot. He stated that his
neighbors have been concerned as the condition now exists. The existing approach
up the hill rises 22' upward in a 70' distance. Mr. Berglund would convert the
present two car garage to a family room as there is a kitchen, living room, and
dining room on the first floor at this time. The proposed garage would be in
the ground with a flat deck above and wouid be 4' below the existing house and
equal to the main floor walkout of the adjacent neighbor to the south.
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October 10, 1978 page 4
� Mahlon Swedberg questioned the 29-foot width stating it could be overwhelming,
and questioned the impact on the neighborhood. 1f approved, Mr. Swedberg felt
this should be reviewed for approval by the Building Board of Review. During
further discussion Mr. Berglund agreed he could reduce the width to 24' and
could construct it 10' from the South lot line.
Larry Smith stated he really did not see much difference in 24' or 28' , but said
the question of the side yard setback must be clarified in this case also. The
Secretary agreed and this would be done if approved.
Mahlon Swedberg noted the extreme and unusual topography.
William Forster moved to approve a waiver for a garage 24' wide and a revised
sideyard setback to a distance of 10' from the south lot line ta the proposed
structure, and to refer to the Building Board of Review for approval of plans
and design of this structure. (Front setback of 35'+ is maintained)
Glen Christiansen seconded the motion and upon vote, motion carried.
78-10-41 (Map 14) Residential 2540 Florida Avenue North Sunrise Homes, Inc.
The petition is for waiver of Section
3.02 (A) to allow for construction of a two-family home in a
Residential area.
Mr. Robert Ritter of Sunrise Homes was present. No affected property owners
were present. The Chairman noted the property-owner directly to the south
(a new home last year) had signed the petition as undecided.
The Secretary noted that this home to the south when constructed was required to
maintain a 35' setback from the north lot line (City Council minutes tg66) to
insure that the land to the east could possibly be developed in the future, and
if developed, a road would be required and if installed, this house needed a
35' setback to be in conformance. There is a 10' utility easement along the
north lot line of the house south of this proposal and also a 10' easement along
the south lot line of the proponent's lot, thus jointly providing an easement
of 20' between the two properties.
The present lot belonging to the proponent has 19, 150 square feet with an additional
25' along the south lot line proposed for a road easement and also 20' along the
front (Florida Avenue) for road easement. To provide an adequate roadway to any
of the remaining property to the east would require a 50' right of way. This
would all have to come from the proponent' s lot and would reduce the square
footage remaining for a double dwelling to 16,65o square feet (18,750 square feet
required) . The proponent agrees to dedicate the 50' along the south lot line
for the road if" the Board of Zoning Appeals would approve the dwelling noting
the reduced lot size. It was noted thafi at this time a large single family
dwelling could be constructed on the site and could be built on and into the
proposed 50' roadway, thus blocking any future development to the east. The
Board also noted that two lots of lessor than the required frontage and square
footage could be possible and two single family homes could be developed on the
site and still dedicate the 50' roadway. Mr. Ritter noted that to place homes
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Board of Zoning Appeals
October 10, 1978 page 5
with a value of $80,000 or more on lots of that size was not economically sound- �
in his opinion. He also noted that a iot adjacent to any 50' roadway would be ��,)
almost rendered useless by the 35' setback then required on two sides. Mr. Ritter
explained why he thought a double dwelling should be constructed on the property.
The Board reviewed the past history over many years of trying to get all property
owners in that area to agree to replat the area for development. This area still
(if so divided) could be developed utilizing a cul de sac arrangement.
Glen Christiansen noted this is a quiet dead end street, ideally suited for single
family residences. The Chairman noted there is no platted street at present and
it is hard to speculate the result of a 50' easement.
Larry Smith agreed the proposal is speculative anci noted that where two family
dwellings have been allowed, there usually was a tradeoff or alternative to
commercial development. The City Council has seen fit to permit spot use on
occasion; however, Mr. Smith did not feel this is an appropriate alternative to
this area, and single family is desireable. Glen Christiansen noted that the
Comprehensive Plan shows single family for this area.
Glen Christiansen moved to deny the proposal and motion was seconded by Larry Smith.
Upon vote, motion to deny carried unanimously. The proponent was informed of the
appeal procedures available to him.
78-10-42 (Map 14) Industrial Northeast Corner of Nevada and Madison Avenues
That parts of Lots 16 � 17, Block 1 , Advertising Greative Center
Richard Tieva, George Carlson, Kenneth Mosloski
The petition is for the waiver of Section
5.05 (B) for 10' off the required 10' of green area along the
North and East lot lines of the property.
Richard Tieva and George Carlson were present. Approval had been obtained from
adjacent property owners, none of whom were present.
The Secretary reviewed the staff work done with the proponent which resulted in
a reduction of the size of the building to the minimum the proponent considered
feasible. The property fronts on two streets, thus requiring 35' setbacks which
limits lot area that can be developed for building and parking.
There have beer, waivers granted to other areas and buildings within this lndustrial
Park area (for example, the property directly abutting to the east has a parking
lot developed and used right up to the proponent's east lot line) .
Recognizing that adequate off street parking is most desir�able to prevent con-
gestion in this area, the proponent decided to seek only a variance of the 10'
green areas along the east and north lot lines so sufficient parking spaces
could be developed according to dimensions required in the Zoning Code.
The Chairman reviewed the past history of the area and discussed maintenance of
green areas along abutting parking lots. The Chairman also noted that while he
hesitated to waive any green area, there has been lack of maintenance in many
areas that adequate off street parking is a priority in this area and some
precedence has been established relative to green areas.
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Board of Zoning Appeals
October 10, 1978 page 6
William Forster moved to approve the waiver as requested. Larry Smith seconded
the motion, and motion carried to approve.
78-10-43 (Map 9) Institutiona} (I-3) 5411 Circle Down Weldwood Nursing Home
The petition is for the waiver of Section
11 .06 for 42.4' off the required 50' setback along the
south lot line to allow the existing kitchen to be
expanded 16' to the West.
The petition is to expand the kitchen lb' west and along the south lot line in
alignment with the original structure which had been waived for setback and green
area when originally built.
Mr. 0'Malley, Corporate Cirector of Maintenance, Go1d Medallion Corporation, and
Mrs. Scofit, Administrator of the Weldwood nursing Home, were present. Mr. 0'Malley
explained the proposed construction. Mrs. Seott explained that when the original
building had been built, the kitchen area was small but adequate. Several years
later a substantial addition for more patients was added but no further kitchen
facilities. A dining room addition in 1g67 was added to the east with Board of
Zoning Appeals approval . This addition required a similar waiver along the
south lot line.
Mrs. Scott explained that the State Board of Health and also the Golden Valley
Sanitarian have repeatedly recommended updating the kitchen facilities and serving
lines. Mrs. Scott also explained that while this addition is constructed over the
present outside stairwell from the boiler room below, a new exit will be maintained
to the outside from the boiler room in accordance with State and Local Fire Marshall
requirements.
Glen Christiansen moved to approve the waiver as requested, subject to the exit
being provided as required by the Fire Marshall . William Forster seconded the
motion. During discussion on the motion Mahlon Swedberg noted precedence for
the variance had already been set by the approvals for the original structure and
the addition in 1967. He also noted the effect on parking area as it now exists
is minimal and the kitchen remodel a substantial upgrading. Upon vote, the motion
to approve carried unanimously.
78-10-44 (Map 9) Business � Professional (Office Building) 1105 Turners Crossroad S.
(Lot South of Weldwood Nursing Home � North of Al1ey behind Shopping Center
Howard Dahlgren
The petition is for the waiver of Section
10.04 for one story in height to allow 2 stories above grc�und.
13.01 (7) for 111 spaces off the required 173 parking spaces
to 62 spaces on the site.
10.06 for 15' off the required green area and building
setback along the South lot line.
10.06 for 26' off the required 35' green area along the
South lot line of the parking lot.
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Board of Zoning Appeals
October 10, 1978 page 7
The Secretary reviewed this request with the Board, stating that an additional
meeting had been held with the proponent af.ter the item had been placed on the
agenda. At that meeting the entire area and the proposed roadway were reviewed
and further variances on all other affected properties were reviewed. It was
explained that the entire area must be dealt with and that the waiver request
for this proposal are premature.
Glen Christiansen moved and Robert Forster seconded to remove this item from
the agenda. Upon vote, motion carried.
The Secretary explained that an informational meeting with the City Council ,
City Manager, City Engineer, and others as deemed necessary is desireable to
inform the Board of Zoning AppeaTs about all considerations relative to the
previous proposal stricken from the agenda and portions of the Turners Crossroad
plan.
A review of the Valley Square area is also desired. Chairman Swedberg polled the
Board and a date of October 25, 1978 at 7:30 P.M. at the Civic Center was selected.
The Secretary was directed to request and coordinate this meeting.
Administrative ltems
The Chairman suggested a review be made for possible increase in fees for variance
requests (both Commercial and Residential) .
Chairman Swedberg reviewed items from previous City Council meetings that relate
to the Board's interests.
There being no further business to come before the Board, it was on motion,
duly seconded, and upon vote carried to adjourn at 10:20 P.M.
Chairman Mahlon Swedberg ecording ec etary Lloyd Becker
NO B�3��tD OF ZOPJi P�G APPEALS MEET I NG - December l 2, 1 g78
NO BOARD OF ZONING APPEALS MEETING � January 9: 1979