11-14-78 BZA Minutes . P_('�Y�
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
November 14, 1978
A regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday,
November 14, 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
Larry Smith
Glen Christiansen
William Forster
Mike Sell
The first order of business was the consideration of the minutes of the meeting
held October 10, 1g78, copies of which had been previously distributed to the
Board.
The Chairman reviewed the minutes and asked for any comments, additions or
corrections, there being none, it was moved by Glen Christiansen and seconded
by Mike Sell to approve the minutes as written and presented, Upon vote,
motion carried.
78-I1-44 (Map 9) Residential 100 Westwood Drive South Paul Pink
The petition is for waiver of Section
� 3.07 (3) for 13.8' off the required 28.8' rear yard setback
(20i of lot depth) to a distance of 15.0' from the
rear lot line to the proposed addition.
The Chairman reviewed the petition and it was in order,
Present for the meeting was Mr. Paul Pink, owner of the property. Also present
were adjacent property owners, Mrs. Alfred Kephart, 4505 Glenwood Avenue,
Mrs. Aksel Hoines, 13 Maddaus Land and Mrs. C. J. Springer 109 Maddaus Lane.
Mr. Pink noted that his home had been built in 1903, that its original address
had been 4301 Glenwood Ave. but as the surrounding property had been platted
and sub-divided, what had originally been his side yard had become a rear yard
and his address changed to the present, 100 Westwood Drive South. Had the
surrounding properties remained in their original configuration, the present
rear yard would be side yard and no variance needed. Rear yard requires 20i
of the lot depth from the rear lot line. The present house is constructed well
to the rear of the lot, 77 feet from the front lot line to the existing home.
The neighbors questioned the feasibility of a house being built on the open area
to the rear of Mr. Pink's property. This had been an 80' lot which was divided
between neighbors on ei�her side and remains a large open area.
The Secretary noted that to construct a home it would now have to be platted in
conformance with the existing Zoning Code at 100 feet wide and 12,500 sq. feet.
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November 14, 1978 page 2
This would require a portion of either adjacent property being split to do
this and while possible is very unlikely. Mr. Pink stated if this ever was
proposed, he would 1ike to be considered first.
Neighbors questioned the style of` the roof - the overhang and the height of
the addition.
Mr. Pink explained the ridge line would run east and west with the lowest profile
facing the neighbors. The overhang is 3" or 4" on the east-west sides and the
north-south side approximate}y 15" to 18" . Mr. Pink stated there were no
windows proposed for the west side and possible none on the north side. When
questioned, Mr. Pink noted the existing fence on the north would be taken down
as that is the construction line. Any remaining fence would be in agreement
with neighbors. Mr. Pink stated his concern for the neighbors, explained that
this is a further improvement to his property and presented a book containing
pictures of his previous remodeling which had been presented in Better Homes
and Gardens magazine.
The proposed addition is considered for a family room and music room.
Chairman Swedberg called for any further comments, there being none, he closed
that portion for discussion.
Chairman Swedberg noted the age of the origina} house, the variable platting
and the closest neighbor to the construction is approximately 70 feet distant.
He recognized the concern of the neighbors and noted the height should be mini-
mised and windows along the west side should be minimized for privacy.
Mike SeYI noted the location of the addition is the only good alternative for
expansion and that those who desire to improve their homes and stay in
Golden Valley are of benefit to the community. Sell stated the surrounding
homes are well maintained, it is a desirable area and the addition should
further enhance the structure. Sell called attention to the platting in the
surrounding area and the configuration of Lots 4 & 5 in the Sunrise Addition.
Mike Sell moved to approve the waiver as requested subject to final plans being
reviewed by Paul Pink with his adjacent neighbors, as requested. Larry Smith
seconded the motion, discussion was called and the Chairman offered the following
amendment to the motion. That the roof line be held to the lowest profile
possible consistent with good architectural design and construction practices.
Sell and Smith agreed to the amendment and upon vote; the motion as amended
carried unanimously.
7$-11-45 (Map $) Residential 4200 Popiar Drive Lloyd Jafvert
The petition is for waiver of Section
3.07 (1) frontyard for 2. 1 ' off the required 35•0' setback to a
setback distance of 32.g' from the front lot line to
the proposed addition. This addition being
in line with a portion of existing structure.
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November 14, 1978 page 3
The petition was in order, approval had been obtained from all required adjacent
properties.
Mr. Russ Snyder was present to represent Mr. Jafvert.
Also present was Mr. Roger Colbert, owner of 4125 Bever]y Avenue.
Mr. Snyder reviewed the proposed remodeling with the Board, noting that a portion
of the existing house is now at 32.9' from the front lot line and that the re-
modeTing involves a continuation of the front at that distance for continuity
and appearance.
The Board noted the configuration of Poplar Drive and also the alignment of
other houses along the street. A waiver had been granted across the street and
slightly west for a building addition in 1977.
Mr. Colbert questioned the effects on the alley at the rear of this property.
Part of this al }ey had been vacated. The Chairman reviewed this and exp}ained
the a] ley which possibly is not alJ developed, does run to the westerly lot line
of this property and it has no direct effect on the waiver request.
Glen Christiansen moved to approve the waiver as requested, motion seconded by
William Forster. During discussion on the motion the Board noted the substantial
improvement to the structure and the upgrading of the area the proposal provides.
Upon Vote the motion carried.
78-11-46 (Map 11) Institutional 5920 Golden Valley Road Valley Baptist Church -
Gene Nessley
The petition is for waiver of Section
11 .07 for 10' off the required 35' sideyard setback from
the west lot line along 0ak Grove Circle to the
� proposed building addition and for 62 spaces off
the required 162 parking spaces required for the addition.
The petition was reviewed and in order.
Present for the meeting were members of the Church including Gene Nessly,
Mr. Wallace Anderson, also present was Mr. Lindberg, architect for the proposal .
Mr. Nessly presented the Church's position on this request. Mr. Nessly stated
that tte� neighbors:were er�thusiastic about the proposal and that all signatures
had been obtained, except Hidden Village Townhouse. Mr. Nessly explained that
he had met with Mrs. Pat Sullivan, chairperson for Hidden Village Owners�Assn.
and while they had no objection, she did not desire to go or record for all of
the other owners. Mr. Nessly reviewed the history of the growth of the Church
since acquiring the property stating ti started with 80 members and has grown
rapidly with a projection at 105 per year, with _600 to 750 members expected and
which at that time Mission Churches in surrounding communities are planned.
The recent addition and upgrading of the entire property including landscape
and blacktop parking was discussed.
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November 14, 1978 page 4
Mr. Lindberg explained the construction aspects and reasoning behind the design
and size of the proposed worship structure. Parking was thoroughly reviewed
by the Board and it was noted that approximately 1/3 of the required on-site
parking could not be met. Mr. Nessly and Mr. Lindberg reviewed with the Board
the hours and days of activity for worship, weddings, social events, funerals,
etc. and explained the parking contract arranged with Brechet � Richter for
use of their lot across the street after business hours and weekends. The Board
reviewed the letter of intent from Mr. Richter for .parking agreement. Mr. Nessly
stated he wrote the proposed hours desired for use and assured i� required,
these could be expanded on. Mr. Lindberg stated that upon final drawings,
seating capacity could be to 700 or ]50 persons.
The waiver request is based on 650 seating capacity, with 100 parking spaces
having been proposed on site and the remaining 62 being obtained by contract with
Brechet & Richter located at 59�5 Golden Va11ey Road.
Larry Smith moved to approve the waivers as requested for 10' off the required
35' setback to a distance of 25 feet from the property line along Oak Grove Circle
to the proposed structure and for 62 parkin� spaces as reyuested off the requ��ed
162 spaces, subject to the Church abtaining � lease frcar� Brechet �. Ri.chter. Thi�
lease to run with the land of both parties, Mi. ke Sell �ecpnded the mc2tian, The
Chairman called �For discu�sipn Qn the mQtion,
William Forster thought the parking idea was good and it w�uld preyent further
expansion of a large blacktop area in the neighborhood for parking that would
have very limited use except for weekends. Forster noted that the lease with
the properties was imperative. Glen Christiansen stated that a definite, absolute
lease or covenant in the respective deeds of each property would be required before
he could consider approval . Wallace Anderson, Church member and owner of Twin Oaks
Realty, said a 'substantial portion of his business is selling of churches in the
metropolitan area and that a large number, especially in the downtown areas use
adjacent properties for parking. Forster stated costs of a parking area of the
size required for many churches wou:j?d be prohibitive and also be a restrictive
use of land.
In further discussion with Mr. Lindberg, the architect, he stated final construction
design could possibly provide more than 650 seating capacity and asked could the
Board be more flexible in defining the number of parking spaces waived and those
that shall be utilized from Brechet � Richter property.
Upon further discussio!� it was agreed �cs amend ti�e motion and the second, to
provide for a' parking waiver based on a total seating capacity of 732 persons
which requires l83 parking �paces with 90 sp�ces to be provided vn the site and
100 spaces to be provided by lease or covenant on the Brechet � Richter property �t
5905 Golden Valley Road. The motion was further amended to provide far add�tion�l
flexibility in hours of use of the leased parking to provide, that no on-street
parking will be necessary as a result of the proposed addition.
The motion as now considered for vote, is for l0' off the required 35' setback
along Oak Grove Circle and for 93 spaces off the required ]83 p�rking �paces
required with said 93 spaces being provided on the property lacated at 59�5 Golden
Valley Road, with said spaces provided by lease or covenant and bound by both
properties and furthermore the hours and or days of parking 6eing provided to be
adequate for all periods of use. The Chairman called for vote on the motion as
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November 14, 1978 page 5
amended and upon vote it was unanimous to approve.
Larry Smith stated for the record that the rationale for using parking facilities
in this manner was well expressed and in this particular proposal he did not see ,
any reason to further develop an expansive blacktop area which would be used to
a minimum extent during the week and further, the relationship with Brechet and
Richter directly across the street, providing parking during their off hours is
a good utilization of parking areas, did not remove further property if acquired ��
for additional parking from tax rolls, and allowed the landscape and green areas
as now developed around the church area to remain.
Mike Sell noted for the record and any future deliberations where any question of
precedent may be discussed, that he may not look favorably on a proposal if the
situation were reversed, whereby for example, any office or commercial business
desired to utilize church parking facilities. He further noted that each situation
is unique and has its own considerations and conditions, whereby the Board makes
its decisions and those conditions may not be favorable at all times for approval .
Ghairman Swedburg reviewed previous items from the City Council minutes which
may be of interest to the Board.
The Chairman reiterated his desire to review the B.Z.A. by-laws and asked that
this be scheduled for the December meeting, if the agenda is not too lengthy.
There being no further business to come before the Board, it was on motion,
duly seconded, and upon vote, carried to adjourn at 10;05 P.M.
Chairman Mahlon wedberg Reco ding Secretary Llcayd Becker
NO BOARD OF ZONING APPEALS MEETINGS - December 1978 and January 1g7g