05-08-79 BZA Minutes ���
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MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
May 8, 1979
A regular meeting of the �olden Valley Board of Zaning Appeals was held Tuesday,
May 8, 1979 at 7:30 P.M. at the Golden Valley Civic Center, 7800 Golden Valley Rd. ,
Golden Valley, Minnesota.
The following Board members were present:
Mahlon Swedberg
- Larry Smith
Mike Sell
Sue Eastes (alternate)
Herb Polachek (alternate)
Members absent by prior arrangement: William Forster and G1en Christiansen
Chairman Swedberg noted that normally a new Chairperson is elected for the coming
year at this time, however, the Board agreed to defer any election until the
next meeting for the following reasons:
1. All regular members of the Board of Zoning Appeals were not present
(two alternates) .
2. The Planning Commission has been reorganized and their first organiza-
tional meeting will be next week and at that time they will appoint
their representative to be seated on the Board of Zoning Appeals for
the coming year.
The first order of business was consideration of the minutes of the regular
meeting of the Board of Zoning Appeals held April 10, 1979, copies of which '
had previously been mailed to the members.
Mike Sell moved, Smith seconded, to approve the minutes as written and presented.
Upon vote the motion carried.
79-5-11 (Map 20) Residential 1312 Gettysburg Ave. N. Aubrey F. Latchana
The petition is for waiver of Section
3.12 of the Zoning Code for 10' off the required 20'
house to garage separation.
Mr. Latchana was present. The petition was in order, consent had been received
from all adjacent property owners. .
Mr. Latchana noted that he is the second owner of this home which was build
approximately 4 years ago. At that time for several reasons, the house was set
at 42 feet from the lot line rather than the required 35 feet. To build the pro-
posed garage at the required 20' separation to the rear of the house creates a
longer driveway and Mr. Latchana felt putting this garage well to the rear of
the adjacent garage required additional costs for the driveway. He also noted
that he has a drainage easement on the side and rear of his property and a
driveway easement of six feet on the north side whieh provides his neighbor
access to a garage on the neighbor's property. If approved the proposed garage
would be in alignment with the ac�jacent garage.
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Board of Zoning Appeals
May 8, 1979 page 2
Larry Smith, noting that Mr. Latchana is an additional 7' further from the front
lot line than is required and noted the alignment of the proposed garage to
others adjacent, moved to approve the waiver of l0 feet off the required 20 foot
separation, subject to those walls of the garage that are closer than the required
20 foot separation, be sheetrocked on the interior to maintain adequate house to
garage fire protection.
Mike Sell seconded the motion and upon vote the motion carried.
79-5-12 (Map 5) Residential Noble Ave. N. and Golden Valley Road
Lot 3 Block 1, Pankonie Addition, Nick M. Loscheider
The petition is for waiver of Section
3.041 to allow for construction of a two family dwelling
in a residential area and 25.9' off the required
150' lot width at the front building setback line
to a lot width of 124.T' at this point.
Mr. Loscheider was present. The petition was in order, consent from all but one
of the adjacent property owners had been obtained (one undecided) .
The Chair noted this item had been approved by the Board of Zoning Appeals on
April 15, 1977 and this item is exactly the same. l�ot having commenced construction
within one year, the previous waiver had lapsed.
Mr. Loscheider reviewed the plot plan showing the parking and turn around area so
adequate and safe ingress and egress to Golden Valley Road can be maintained. The
Board also reviewed the drainage on the site. Mr. Loscheider explained he was
aware of this and detailed how the water flow would be directed to the front of
the lot and stated that, as a contractor, in his opinion drainage should not be a
problem. He described the drainage from four adjacent lots onto his property. The
Board noted it is Mr. Loscheider's responsibility to insure that no additional
drainage problems are created by this construction.
Mr. Loseheider described the fill on the lot noting large reinforced concrete and
other difficult matter made this property extremely expensive to develop, that
several contractors before had started and then abandoned efforts to build, and
due to this expense, single family on the site was not practical.
Mike Se11 moved to approve the waiver as requested, noting nothing had changed
from the previous proposal and approval is subject to adequate overall safe
exiting to Golden Valley Road. Polachek seconded the motion.
Larry Smith stated he is not enthusiastic about creating two-family dwellings in
residential areas, however this particular lot with the traffic, the previous
fill problems and location, appears to be the only manner in which it would be
developed. The lot also has approximately 10,000 mor.e. square footage than
required for a two-family dwelling.
Mike Sell noted two-family dwellings in the City are scattered and a two-family
home conforming to all codes is more desireable than some existing single-family
homes that now exist and now being used as two-family.
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Board of Zoning Appeals
May 8, 1979 page 3
Vote on the motion to approve was called and it was unanimous to approve.
79-5-13 (Map 20) Residential 1905 F1ag Ave. N.Lo��;�,Block 1 , Lakeview Heights
Addition, West Suburban Builders
The petition is for waiver of Section
3.07 (C) of the Zoning Code for 2' off the required 12 foot
sideyard setback on the South lot line to a distance
of 10 feet to the proposed dwelling.
Mr. Earl Wilson of West Suburban Builders, Inc. was present to explain the
proposal .
This an area of platted lots which has remained undeveloped for many years. The
lots were platted along with the surrounding area but no utilities or street had
been constructed. A petition for street and utilities has now been submitted and
approved, and construction should commence soon.
The lots as platted are all 60 feet wide. Mr. Wilson explained the type of home
proposed at 44 feet wide and defined the reasoning for not reducing the width
including an explanation of the advantage of the tuck-under garage rather than no
garage or a detached one being construeted at a later date.
Sue Eastes expressed her concern for the precedent being set for all the other
lots to be developed.
Herb Polachek noted present costs for land and that several communities are now
reducing their lot size requirements.
Mike Sell stated that a garage now or later may create the need for a waiver
request anyway, and he would rather see the house built with the garage as
proposed.
Mahlon Swedberg said he felt Golden Valley is well ahead in its upgrading of
structures and in those cases, where a waiver is required, those waivers which
have been approved, some with certain conditions to further enhance and upgrade
the structure and neighborhood have been a benefit not only to the owner but the
area.
It has also provided stability to neighborhoods and possibly incentive to others
to upgrade their homes.
Mike Se1T moved and Larry Smith seconded the motion to approve the waiver as
requested. Upon vote the motion carried unanimously.
79-5-14 (Map 10) Residential t545 Princeton Ave. S. Warren G. Phimister
The petition is for waiver of Section
3.07 (1) front setback for 8.3' off the required 35 ft. setback
to the proposed garage� and --
3. 12 (1) for 3' off the required 5 feet from the rear property
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Board of Zoning Appeals
May 8, 1979 page 4
Mr. & Mrs. Phimister were present. Also present w�g_. an adjacent neighbor,
Mr. John Risch, 4800 Douglas Ave. , noting he attended the meeting to express his
approval of the proposal .
The present house is on a corner lot, Douglas � Princeton Avenues, and on the
south side of Douglas Avenue is St. Louis Park. Those homes in St. Louis Park
are approximately 25 feet from the lot lines. Mr. Phimister's home is set back
at 26.7 feet from the south lot line and his request is to build his detached
garage in alignment with the house.
The east lot line at the rear of the proposed garage abuts an alley 16 feet wide,
which never has and in all probability based on surrounding construction, will
never be developed.
Should this alley be petitioned to be vacated, the garage as now proposed at
2 feet from the east lot line, would then be conceivably at 10 feet if the lot
line by vacation is adjusted.
Larry Smith moved to epprove the waiver as requested and also to approve the
waiver for the existing house as it is now located.
Herb Polachek seconded the motion, upon further discussion Smith noted the
removal of the existing old garage provides a considerable improvement to the
property and surrounding area, also the presence of the adjacent neighbor at the
meeting, reflects and speaks well of the attitude of the neighborhood.
Vote was called and it was unanimous to approve the motion as stated to include
the existing house.
79-5-15 (Map 11) Residential 2420 Douglas Drive Block 1 Lot 7, Curry-Tieva Addn.
Richard R. Tieva
The petition is for waiver of Section
3.02 to a1Tow a two-family dwelling in a residential area
and,
3.041 for 31 feet off the required 150' lot width, and
for 3, 161 sq. ft. off the required 18,750 sq. ft.
This item was removed from the agenda, at the proponent's request, to provide
further data for the June meeting.
79-5-16 (Map 15) Residential 7340 Olympia Street Gene Pierce
The petition is for waiver of Section
3.07 (3) for l .g' off the required 15' side setback to a distance
af 13. 1 ' from the East lot line to the Pool structure
at its closest point.
Mr. Gene Pierce was present. The petition was in order, approval had been obtained
from all affected property owners.
Mr. Pierce explained his proposal to construct an attached and enclosed year around
swimming pool to his existing home. He had elevations of this propasal and explained
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Board of Zoning Appeals
May 8, 1979 page 5
he had arrived at the 24 foot width of the pool structure in order to provide
area around the pool and also on the advice of the Building Inspector. He
designed the addition in the manner proposed to make it more esthetically
pleasing as it combines the present structure.
Herb Polachek noted it is only one corner along the lot line that the waiver is
needed and that front to rear if averaged out is only .3 (tenths) of a foot
less than is required. The adjacent house to the east is 19.5' from the lot line.
The pool if constructed as proposed, there would remain a total distance between
both houses of approximately 35 feet.
Mike Sell moved to approve the waiver as requested noting that its closest point
there is still over 30 feet between the adjacent structure, also all adjacent
property owners gave their approval .
Larry Smith seconded the motion and upon vote the motion carried unanimausly.
79-5-17 (Map 4) Residential Lot l � 2, Block 3 - corner Culver Rd, and Lee Ave.
Michael F. Hogan
The petition is for waiver of Section
3. 12 (1) for 7' off the required 20' house to garage separation
to a distance of 13' from the proposed house to the
existing garage.
The petition was in order, approval had been obtained from all adjacent property
owners. Mr. Hogan was present for th� meeting.
This is a large corner lot divided from a similar adjacent parcel all of which
had been one large parcel along Culver Road and from Lee Avenue to Major Avenue.
This lot is at the southwest corner of Culver Road and Lee Avenue.
Mr. Hogan explained that on this lot there is a small garage type structure which
originally belonged to the adjacent property. It is approximately 16 feet deep
and not suitable for a standard size garage. It does have substantial footings and
appears well constructed and he would like to retain it for a playhouse for his
children and also for light storage.
Mr. Hogan described the location of his proposed home, noting it may create a
drainage problem if he moved the house forward to gain more room from the existing
structure. He also noted it is a corner lot requiring 35 foot setback on two sides
and that he does meet all setbacks as proposed, but to retain this existing
structure he would need this waiver between the house and accessory building. He
would like to retain the characteristics of the area.
The Board thoroughly discussed all aspects of this proposal . Mr. Hogan �greed
to make the appearance of the existing structure conform to the exterior af the
proposed new home.
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Board of Zoning Appeals
May 8, 1979 page 6
Mahlon Swedberg thought possibly the Building Board of Review sh4uld look at
this proposa} . Mike Sell stated the Building Board of Revtew functions primarily
for other than residential structures and said he could look favorably on retaining
this structure if it were made to appear compatible with the new house and if
appropriate sheetrock for fire protection is installed on those areas closer
than 20 feet to the house.
Herb Polachek moved to approve the waiver as requested subject to the foll4wing
conditions:
1 . The existing accessory building be made to conform to an appearance
compatible and comparable to the proposed new house.
2. The work on the accessory building be accomplished no later than
June 1 , 1980
Mike Sell seconded the motion and upon vote, carried unanimously.
79-5-18 (Map 22) Comrnercial 9250 Golden Valley Road - West of Bc�wling Alley
Legal Description on File Roy Johnson Construction
The petition is for waiver of Section
5.05 of the for 23' off the required 35' green area at Golden Valley Rd.
Zoning Code and for approximately 3' off the required 35� setback
at the closest point of the proposed building at
Olson Mem. Hwy.
Present for the meeting were Mr, Wayne P. Johnson and Rpy Johnson and
Mr. James Rydeen, Architect.
Mr. Johnson explained his proppsa} for this small office buildi.ng, stating they
had designed it in an attempt to meet all parking and setback requirements, how-
ever one corner of the building along the curved lot line along Olsan Hwy.
protrudes approximately 3 feet into the 35' setback and at Golden Valley Road
a waiver of a portion of the green area is requested in order to provide the
required pa rking.
This is a narrow lot and the proponent explained the various effiorts in design
to provide a #unctional and esfihetically pleasing building. It was noted the
adjacent Bowling Alley is built to the lot line.
The Board discussed the traffic and parking requirements as proposed, and possible
tenants, and also the effect on adjacent properties.
The Board reviewed the possibilities of developing the green area a1Qng
Golden Valley Road and waive some of the parking space to do so.
Sue Eastes said she favored developing the green area as required and �f parking
problems should develop at a later time, the proponent could then seek a waiver
and provide the additional required parking.
Mahlon Swedberg proposed waiving 6 parking spaces and developing the green area.
Herb Polachek moved to deny the request for 23 feet off the requ[red 35 feet of
green area and to approve the request for 3 feet off the required 35 foot setback
along Olson Hwy. Sue Eastes seconded the motion and upon vote, motion carried.
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Board of Zoning Appeals
May 8, 1979 page 7
Mike Sell moved to grant a waiver of 3 parking spaces off the required 35 spaces
to a total of 32 on the site and to grant a waiver of 13 feet off the required
green area at Golden Va11ey Road to a green area at this lot line of a depth of
22 feet. Larry Smith seconded this motion and upon vote, it was 3 ayes and
2 nay (Swedberg and Eastes) , motion carried.
75-5-1g (Map 7) Commercial North Wirth Parkway Redevelopment Project
Meadow Lane � Wirth Parkw� M. A. Mortenson.
The petition is for waiver of Sections
10.04 Height
10.06and
10.05 Yard Restrictions
13•91 Parking
1 .03 Lot of Record
Present for the meeting were Jeff Sweet, City Manager, Mayor Hoover, James Rydeen,
Architect, representatives of the Mortenson Company and Alan Stansrud of the
Humane Society.
Jeff Sweet reviewed the proposal with the Board of Zoning Appeals. The provisions
of the redevelopment and the contract and commitments between the City and the
developers in conjunction with the Housing Redeve}opment Association was explained.
It was noted that this proposal , while somewhat similar to a Planned Unit Develop-
ment as described in the Zoning Code, differs as to the commitments and require-
ments for development through the H.R.A.
The Board thoroughly discussed the entire proposal as presented.
Mike Sell noted that there is no hardship as defined by the Zoning Code with this
proposal and moved to deny the waivers as requested. Motion seconded by Polachek
and upon vote, motion to deny carried unanimously,
Mahlon Swedberg noted his previous intent at several meetings to review and update,
if necessary, the By-Laws of the B.Z.A. , however due to extremely busy agendas,
this could not be done. This will be entered on the next agenda.
There being no further business to come before the Board, it was on motion,
duly seconded, to adjourn at 11 : 15 P.M.
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Chairman Mahlon Swedberg ecor in Secre ary Lloyd ecker