03-13-79 BZA Minutes r �` �
MII�aUTES OF A REGULAR MEETIPJC OF THE
G�LDEN VALLEY BQARD �F ZONINr APPEALS
�larch 13, 1979
A regular meeting of the Golden Val l ey Board of Zoning A�peal s was held Tuesday,
March 13 , 1979 at 7:3(1 P,M, at the Golden Vall ey Civic Center, 7800 t;olden Vall ey
Raad , Gold en Valley, Minnesota.
The following Board members were present:
�;1 en Christiansen
Mlike Sell
�dill iam Forster
Larry Smith
Commissioner Mahlon Swedberq was absent by prior arrangement (out of State) .
The Secretary call ed the meeting to order and upon nomir�ation, motion seconded
and vote, Mike Sell assumed the Chair for the meetinc�.
The first order of business H�as consideration of the minutes of the meeting held
February 13, 1979. "�like Sell revieHJed the minutes, copies of which had previously
been presented to the Board. There being no comments, additions or corrections,
it was moved by Christiansen, seconded by Smith to apprave the minutes as written
and presented . Upon vote the motion carried.
79-3-2 (Map 23) Residential 222 Nanley Raad Laverne & Adelqund Fransen
The petition is for waiver of Section
3.07 of the Zoning Code for 6.�' off the required 11 .2'
sideyard setback to a distance of 4.3 ' from the
North lot 1 ine to the proposed garage addition.
P1ike Sell reviewed the petition and it was in order. It u�:as noted that the
neighbor adjacent to this proposal had not qiven approval . Rs requested by
staff, Mr. Fransen had su6mitted a more detailed current survey prior to the
meeting date which showed that to build the garage as proposed , would require
a waiver to build the garage within 2.28 f t. of the North property line at its
closest point. Mr. & �1rs. Fransen were present for the meeting. Also present
��ere Mr. & ��rs. Roger Nelson, the adjacent neighbor at 210 Hanley Road.
Mr. Fransen revieu�ed his proposal , noting the measurements defined on the latest
survey are correct. It was expaained in detail the desire to fill in the area
to the present basement garage and add a 12 ft. wide garage at ground leve1 to
the North side of the house. The pres�nt tuck-under garage has flooding problems,
requires hazardous exiting to the street during the winter , and is extr�nely
difficult to maintain open in the winter. P1r. Fransen explained it is physically
desira�l e al so to have the garage as proposed because of recent open heart sur-
gery which limits his ability to utilize and maintain the present garage.
The Board explored all alternatives , such as a garage on the other side of the
home or a detached garage in the rear. Topography prevents building to the
rear a detached or attached garage without incurring ex�?enses that are prohi-
bitive ($50,QOQ+) estimated.
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�oard of Zoning Ap�eal s
�1arch 13, 1979 naQe 2
In summary the �oard sympathized with �1r. Fransen 's situatian but can see no
reasonable alternatives ancl k�uilding as close to the property 1 ine as pro�ose�1
is not desira�l e.
"9r. f�oger �Jelson asked to �e heard on this �roposal , fie said h� had lived in
Golden Valley for 23 years, also has a 75 ft. 4ai�e lot, and enjoys and feels
it desirable that the setbacks are maintained , noting this has created a
desirable community tc� live in. Building ta vrithin two and one half feet from
his lot line u�ould ruin both properties, and he is unha��y with the �roposal and
objects to it.
Mr. Fransen's home is approximately 41 ft. from the front lot line and the Board
and �1r. Fransen aqreed there may be merit in deferring this item to a later date
to allow alternative construction passible ta�rard the front tc� be explored.
Glen Christiansen moved to defer this matter to a later date so any other reason-
able alternatives may be looked at. Forster seconded and upan vote, motion carried.
79-3-3 (��ap 12) Residential Southwest Corner of Lindsay Street & F�wy. ,#1Q0
Parcels A;, Q, & C of Lot 1 Block 4 Lindsa�'s �ddn ���est Suburban Sldrs-Earl tdilson
The petition is for waiver of Sections
3.02 & 3.041 of the Zoning Code to allow tw�-family dwellinc�s in
a residential area on lots sized and frontage less
than required by Section 3.041 .
The petition was in order. ��1r. Earl t1lilson of l�lest Suburban Builders was �resent.
Mr. l•�ilson reviewed the praposed plat noting it had been approved by the Planning
Comnission subject to several conditions. Mr. 1�lilsan explained he had considered
other uses such as an office building on the site but felt this proposal was the
best use for the property.
The surrounding land uses are; to the Snuth KQRS Radio Station, to the West a
doubl e dwel l ing, to the t�orth an existing fire station, and on the East is
Nt�ay. #1Q0. !�1r. !{lilson explained to the Board that to develo� the property as
proposed , he also required a �vaiver of Section 3.07 , front setback on Parcel C
along the East property 1 ine along the service road for 15' off the required 35'
set�ack to a distance of 2Q' from the lot 1 ine to the pro�osed two-family dwell ing.
Mike Sell noted that in all �robability, this was about as good a use as has
been proposed for the property, and reviea�ed the waivers required for each parcel .
Glen Christiansen moved to approve the waiver request as follows:
Parcel A - (�.lest Parcel ) for 4 ' off the required 150' front 1ot width to
a width of 146' anci for 753 sq, ft. off the
required 1�3 ,750 to 17 ,997 sq. ft. on the site.
Parcel 6 - (Center Parcel } for 16' off the required 15n' frontage to a
distance of 134 ' and for 492 so, ft. off the
required 18,750 sq, ft. to 18,258 sq. ft. on
the site.
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Board of Zoning Appeals
March 13, 1979 page 3
Parcel C - (East Parcel ) for 11 ' off the required 150' front lot width to
a width of 139' and for 753 sq. ft. off the
required T$ ,750 sq. ft. to 17,9�7 sq. ftR, on the
site.
These waivers are subject to all conditions required by the Planning Co�nission
and City Council of Golden Valley.
V�lill iam Forster moved and Larry Smith seconded a motion to a�prove a waiver of
Section 3.07 of the Zoning Code for 15 ft. off the required 35' setback to a
setback of 20' from the East lot line of Parcel C along Hwy. #100 service
road to the proposed dwelling. Upon vote the mation carried unanimously.
79-3-4 (Map 21) Light Industrial Parts of Lots 3, 5, 6 of Block 4
C,olden Valley Industrial Fark Decatur at 7th .�venue R.L. Johnson Construction Co.
The petition is for waiver of Sections
1 .Q3 for more than one principal building on one parcel
5.05 (6) for 30' off the required 50' setback to the huilding
from the G�est lot j ine,
for 15' off the required 25' of green area along the
t�lest lot 1 ine.
R.L. Johnson was present for the meeting. The petition was in order.
P1r. Johnson explained that a single building could be built on the �aroperty,
hov�ever, because of the configuration of the lot (primarily long and narrow)
the proposed construction would �rovi�+e a more desirable appearance on the site,
provide more green area and more desirable office area locations within the
structure. The use was described and portion to �e office an�i warehouse were
r ev i evred.
The setback on the t�lest lot line is established because of the zoning of West-
view School , which abuts this property, and is no lon�er used by the school
district. Should the zoning of this school property become Industrial or Light
Industrial at a later date, then this building as now proposed would be in con-
formance, as it is 20' from the lot line with 10' of the required green area
provided.
Mr. Johnson had a rendering of the buildinqs anrf described in detail the
appearance and construction.
'R-ike Sell said he thought construction on the property as proposed was similar
to the G.T. �1ork proposai at Olson Na�y. and Douglas Drive N�here five buildings
were constructed, rather than one large structure. This configuration allows
� for a more desirable appearance and individuality of the buildings on the site.
lAlilliam Forster noted the distance between the school and the proposed building
and could see no problem as propos�i.
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Board of Zoning Appeals
;�1arc h 13, 1�79 paqe 4
Glen Christiansen moved to approve the requests, noting that all parking
, requirernents and other green areas are met anc� with the stipulation that tGie
building design anc� appearance represent what was presented tc� the Board of
Zoning f�ppeals to insure that the advantages of appearance and location justify
the tN�o buildings �eing constructed on the property.
Larry Smith seconded the motion and upon vote, motion carried unanimously.
The rendering was signed and dated by �9ike Sell and "�r. Johnson as Exhibit "!�"
to insure that this is the proposal approved by the �oard of Zoning Appeals
when presented to the Building Department for permit.
79-3-5 (�lap 18) Corr�nercial Lots 1 and 2, �lock 1 , Eiaker's Industrial Park
(Market and Louisiana Avenues) Jack OffenbacF: for a Samurai �estaurant
The petition is for waiver of Section
5.05 (A) for 15' off the required 35' of green area along
�larket Street lot 1 ine.
h1r. Offenback was present for Samurai Restaurants. Examination of the plot plan
shows there is actually a total 45 feet of green area in front of the building,
however in this 70 ft. , 25 ft. is utilized for a driveway. Providing an inter-
rupted green area of 20 ft. from the lot line to the drive and 25 ft. of black-
top drive, and 25 ft. of additional green area to the building. �11 other
requirements of the Zoning Code are met.
Mr. Offenback reviewed the operation of the restaurant, the reasoning for the
driveway and the entrance Iocations.
The 6oard reviewed a rendering of the restaurant buildina,
Glen Christiansen noted that the total amount of green area is adequate and that
the driveway where placed does not materially detract from the total green area
as required.
Larry Smith moved to a pprove the u�aiv�r as requested. Forster seconded the
motion and upon vote, motion carri�d.
79-3-6 (Map 21) Light Industrial 81�1 Tenth Avenue North Nortronics Co , Inc.
The petition is for waiver of Section
5.05 for 15' off the required 35' green area along Lewis Road
to a di stance of 10' of green area from the 1 ot 1 ine to
the parking area proposed for the new building addition.
Robert L. Levin, Plant Engineering Manager, was present for the mPetinq and
explained the proposal .
The hardship defined by Mr. Levin was the fact that the property with its exist-
ing building is surrounded on all sides by streets, thus requiring a 35 ft.
green area on all isdes and substantially limiting structure and parking loca-
tions. Their desire is to provide adequate parking for all employees; Plortronics
has purchased additional property on the �lorth side of their existing lot on
Tenth Avenue and they would like to develop as much as is reasonable on the site
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P�arch 13, 1979 page 5
where the new construction is proposed, tlike Sell noted that he recalled when
this property was originally platted , that he could foresee a �roblem being
surr,ounded on all sides by streets. Glen Christiansen said when he reviewed
the site the previous afternoon, that parkinc� at the existing building seemed
congested and fire lanes were blocked.
Ptr. Levin, explained it a�as hard to controi individual parking this winter when
striping and lanes are cover� 6ut would give his immediate attention to this.
"�r. Levin noted that they could comply u�ith all parking required for their
existing and proposed expansion.
t�!ill iam Forster moved to grant the N��aiver of green area as requested , noting the
property is surraunded by street on all sides. �l en Christiansen seconded and
upon vote, motion carried.
79-3-7 ("1ap 16) Industrial SouthNrest Corner Golden Valley Road R� Douglas Drive
Qrechet & Richter
The petition is for waiver of Section
13.01(Parking) for 1�2 parking spaces off the required 400 to preserve
the 1 andscape on the t�!est and Pdorth property 1 ine.
(Property has sufficient area to support all required
parking, if developed) ,
The petition was in order.
Present were Mr. Richter, owner of the property and �1r. Gl en Burnett, architect
for Volp Construction Co.
Also present were Ms. Betty Johnson, an apartment resident at 6535 Golden Valley
Road and Mr. C.L. Skejegstad, 6420 Golden Valley Road.
The Secretary explained the proposal and reviewed it on the Plot Plan. This is
a PLA�dNED UNIT DEVELOPh1EPlT which has concept approval , however the proponent has
asked to waive some of the required parking at this time so that the existing
u�ooded area along the t��est and North sides can be retained as much as possible.
If the parking in the future is found to be inadequate, the site has sufficient
area to develop all required parking on it.
Ms. Betty Johnson spoke in favor of this waiver notin� that the occupants of the
adjacent apartment building would like to see the trees and wooded area retained
as much as possible.
�1r. Skejgstad spoke in favor of the proposal noting the efforts that Brechet &
Richter have gone to, to make this a desirable project and the consideration
toward residents of the area in developin� a �leasing and attractive building.
�1r, Richter called attention to these same efforts when they developed their
other building last year at 5905 Golden Valley Road. They considered the design
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Board of Zoning Appeals
March 13, 1979 �aqe h
of surrounding buildings such as Nidden t�illage and have used that same
attention to detail in their design and landscaqe for this new proposal so
there is continuity in the area.
P1ike Sell said that looking at the request at face value, 102 spaces off the
required parking is sizeable, however the retention of the green area is also
desirable and with the assurances and knowledge that the site could develop
all additional spaces and meet the code if necessary the waiver at this time
is a reasonable compromise for the aesthetics desired.
Larry Smith also noted that all parking can be developed if needed and at
this time preserving the trees is a good idea.
Larry Smith moved to approve the waiver as canditioned in th� use permit,
noting future parking could be developed if necessary anc� also noting that all
conditions are subject to and part of Planned lJnit Development #22.
Glen Christiansen seconded the motion and upon vote, carried unanimously.
The Secretary, Lloyd Becker, �resented a letter to the Board that had been
received from Ms. Judith �lson, 2425 tti�isconsin �;ve. rJo. The letter is a
request for a 90 day extension to a waiver granted April 1978 for an ad�ition
to the home.
Ms. Olson explained that there v�as considerable difficulty with the design and
obtaining contractors and prices and the extrem� winter made it difficult to
proceed. Estimated costs are in the amount of �100,00� and they would like
additional time to ex�lore possible alternatives.
Gl en Christiansen move� to add the request to the �!genda and to grant the
request for an additional 90 day extension from th� expiration date.
Larry Smith seconded the motion and u�on vote the motion carried unanimously.
There being no further business to come before the f3oard, it was on motion,
duly seconded , and upon vote, carried to adjourn at 10:05 �'.M.
Vice C airman �w4ike Se 1 � ordi g Secret ry L oyd Eiec er