06-12-79 BZA Minutes ��=�
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MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZOMING APPEALS
June 12, 197g
A regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday,
June 12, 1979 at 7:30 P.M. at the Golden Valley Civic Center, 7800 Golden Valley Road,
Golden Va11ey, Minnesota.
The following Board members were present:
Mahlon Swedberg, Chairman
Mike Sell
Sue Eastes (alternate)
David' Thompson (alternate)
A1 DeSautels (alternate)
Board members absent by prior arrangement:
Larry Smith
Glen Christiansen
G. Wm. Forster
Chairman Swedberg deferred election of officers until July, 1979.
The first order of business was consideration of the minutes of the regular meeting
of the Board of Zoning Appeals held May 8, lg7g, copies of which had previously
been mailed to the members.
Mike Sell moved and David Thompson seconded the motion to approve the minutes as
written and presented. Upon vote the motion carried.
79-6-20 (Map 11) Residential
2420 Douglas Drive North
Block 1 Lot 7, Curry Tieva Addition
Richard R. Tieva
The petition is for waiver of Sections
3.02 to allow a two-family dwelling in a residential area.
3.041 for 31 ft. off the required 150' lot width to a width
of 11g' and 3,141 sq. ft. off the required 18,750 sq, ft.
required.
The petition was in order.
David Curry and Richard Tieva were present for the meeting. No adjacent property
owners were in attendance.
David Curry reviewed for the Board the development of his subdivision to the rear
of this proposal an Manchester Drive. It was explained how this and adjacent lots
were divided and how as a result this lot remained in its present size on
Douglas Drive.
Mr. Curry felt this two-family dwelling was an ideal buffer between Douglas Drive
and the new homes he has built on Manchester Drive. He noted the presence of
several other two-family dwellings in the area. Mr. Curry further stated that
they had offered this particular parcel for sale as a single family lot, had
reduced the price to an attractive amount and had received no offers, passibly.
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Board of Zoning Appeals
June 12, 1979 page 2
because of its location and the traffic on Douglas Drive.
Chairman Swedberg differed with Mr. Curry on which would be a better buffer for
the houses to the rear, single family or two family. David Curry stated the
proposal for two bedroom units and total occupancy could conceivably be less
than one single family unit may generate.
The Board reviewed at length previous requests and appravals for two family
dwellings in the area. It was noted this proposal has slightly more front footage
than a previous approval but slightly less total square footage.
Mike Sell stated that overall , any difference is not visible, that there is almost
35 feet on each side of the proposed dwelling and approximately 100 feet from the
rear of the proposed structure to the house on Manchester Drive. Sell also noted
that within the immediate area there is a service station, a school , and other
two family units, also this is the last open lot along that side of the street and
that construction of this unit as presented appeared to be the best use of the
property.
Mike Sell moved and David Thompson seconded a motion to approve the two family
dwelling as presented, subject to the following conditions:
1 . Sideyard setbacks be maintained at a minimum of 30 feet on each side
from the lot lines. (This is double the requirement of single family
dwellings)
2. A turn-around be constracted so automobiles can enter Dauglas Drive
without backing out.
3. The dwelling as presented on the plan be substantially constructed and
complying with all code requirements.
The Chair called for discussion on the motion.
DeSautels noted the distance of almost 100 feet between this unit and the house
to t he rea r.
Swedberg not convinced this is the best buffer when compared to a single family
unit, also noting previous doubles to the north provided transitional zoning
adjacent to residential and this proposal is centered in residential properties.
Vote was called on the motion to approve, subject to the conditions. Vote was
4 ayes and 1 nay (Swedberg) . Motion carried for approval .
79-6-21 (Map 3) Residential 3322 Klrle Ave. No. Mr. and Mrs. Sid Sehlin
The petition is for waiver of Section
3.07 (1) of the Zoning Code for 4.4' off the required 35 ft.
front setback to a distance of 30.6 ft. from the
front lot line to the proposed addition.
Chairman Swedberg reviewed the petition noting approval from all affected property
owners.
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June 12, 197g page 3
Mr. and Mrs. Sehlin were present and Mr. Sehlin presented his proposal to the Baard.
The existing home is 50 feet from the front lot line. A sharp drop to the lot
begins about 15 feet from the rear of the house making further construction in
that area prohibitive.
The residence to the north is 33 feet from the front lot line, the house to the
south of Sehlin's received a waiver by the Board of Zoning Appeals in October, lg6g,
this waiver allowed a garage addition to be built on that property within 21 .4 ft.
of the front lot line.
During further discussion Mr. Sehlin asked to amend his request to a waiver of
7 feet off the required 35 ft. front setback to a setback of 28 feet from the
front lot line.
The Board further reviewed this request noting the garage parking is ang}ed which
requires some additional depth but provides retention of large trees adjacent to
the structure and maintains the esthetics of this and surrounding properties.
Sue Eastes noted the adjacent property distances from the front lot lines and
that the addition as proposed would still be further than those adjacent.
Mike Sell asked Mr. Sehlin whether 6 feet off the required 35 ft. to a distance
of 2g ft. from the lot line would be feasible. Mr. Sehlin agreed this may be
possible.
Sell moved and DeSautels seconded the motion to approve a waiver of 6 feet off
the required 35 feet to a distance of 29 feet from the front lot line to the
proposed addition. Upon vote, motion to approve carried unanimously.
79-6-22 (Map 5) Residential 2000 Ordway Warren J. Bosch
The petition is for waiver of Section
3.07 (3) for 10' off the required 15' sideyard setback atong
the south lot line to a distance of 5' from the
lot line to the proposed addition at its closest point.
Mr. and Mrs. Bosch were present, consent had been recieved from all adjacent
property owners.
Mr, Bosch explained that a smalt breezeqay and single garage were added ta his
home after it was eonstructed. The additions were apparently made w� thout adequate
footings and are settling appreciab}y. Having consulted with several contractors,
the concensus is that the breezeway and garage should be torn down, proper founda-
tion installed and the garage and breezeway rebuilt. In doing so it is Mr. Bosch's
desire to expand to a double garage. The present addition exists as approximately
ll feet from the lot line. The adjacent neighbor to this proposal is approximately
55 feet from the Bosch }ot line.
A1 :DeSautels noted that_other adjacent properties have garages similar to what
Mr. Bosch proposes. This would be a significant upgrading of the property.
DeSautels also called attention to the distance between this proposal and the
adjacent neighbor. It appears that any expansion of this adjacent home would
not, as a matter pf practicability, be in this direction.
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Board of Zoning Appeals
June 12, 1979 pa9e 4
Mahlon Swedberg noted the garage at 20 feet wide is a minimum width and that by
today's standards, a double garage is most desirable.
DeSautels moved and Sue Eastes seconded a motion to approve the waiver as requested.
Upon vote motion carried unanimously.
Chairman Swedberg noted that the next item was of a commercial nature and the last
item was another residential request. He asked if the parties involved woutd be
agreeable to reversing the agenda to allow Mr. and Mrs. Miller of 3125 Kyle Ave. No.
to be heard next. It was agreed and Al DeSautels moved and Sue Eastes seconded to
reverse the agenda. Upon vote motion carried.
79-6=24 (Map 4) Residential 3125 Kyle Ave. No. Janice M. and Ar10 G, Miller
The petition is for waiver of Section
3.07 (l) of the Zoning Code for 14,89' off the required 35 faot
front setback to a distance of 20, 11 ft, from the
front lot line to the proposed qarage addition.
Mr. and Mrs. Miller were present. The petition verified consent from all adjacent
property owners, none of which were present for the meeting.
The present home has a tuck-under garage and the driveway is cut through the lot to
the garage so at present there is a low profile. The proposed addition would be
constructed to provide for a double garage, would also be set into the ground
with a flat roof and would present a very iow profile. The single car driveway
would be maintained close to the double garage addition.
In addition to the present 35 foot front setback, there is 30 feet of street right-
of-way that is not developed and is maintained as part of the front yards along
the west side of Kyle Avenue.
When questioned, the Engineering Department of Golden Valley con�Firmed that there
were no plans in the immediate or foreseeable future unless the street is realigned,
for this green area to be constructed into roadway.
This additional 30 feet gives the appearance of all the homes on the West side of
Kyle Ave. as being well set back fram the street with large front yard areas.
Chairman Swedberg noted his concern th�t if approved, this w�iver cQUld �rell �°e�ult
in requests from many other neighbors for similar additions. Mr. Mille� ccanfirmed
this as a possibility but stated he felt this would not be all bad because ther�e
had been considerable neighborhood turnover because of location, house sizes, etc„
and if others upgraded their homes also it could very well add �dditional stability
to the neighborhood and enhance all appearances as well ,
Mr. Miller also noted the many autos parked on the street because of l�ck of
sufficient garages and also the vandalism th�t constantly occurs.
Mahlon Swedberg said he favored upgrading of structures to maintain the quality of
Golden Valley and agreed with the desirability to get the cars off the �treet.
Mike Sell noted that if this petition were granted the proposed garage would
still be 50 feet back from the present location of the street.
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June 12, 1g79 page 5
While possibly setting a precedent for other properties adjacent, Swedberg felt
this was the best alternative.
Al DeSautels moved and David Thompson seconded the motion to approve the waiver.
Upon vote motion to approve was unanimous.
79-6-23 (Map 16) Business � Professional Office - Part of Lot 45, a11 of
Lots 46,47,48 and 50 Located at Intersections of Golden Valley Road, Rhode Island Ave.
and Country Club Drive United Properties
The petition is for waivers of Sections
10.04 Height for two additional stories over the one story allowed.
10.05 for 15 ft. off the required 35 ft, setback along the
North lot line to a distance of 20 feet from said
lot line to the proposed structure at its closest point.
for 14 feet off the required 35 foot setback along the
South lot line to a distance of 21 feet from said lot
line to the proposed structure at its closest point.
for waivers of that portion of the green areas of the
West parking lot as shown along the North and South
lot } ines as determined by the building setback variance.
for waivers of that portion of the green areas of the
East parking lot along the North and South lot lines
as determined by the building setback variance.
13.�1 (7) for 48 parking spaces off the required 266 spaces to a
total of 218 spaces on the site as determined by net
rentable area of the proposed building.
The petition was in order. Present for the meeting were Jeff Sweet, City Manager,
Messrs. Boyd Stoffer of United Properties, Ed Baker of Baker & Assoc. and
Mark Flom, Architect. Also present was Mr. Harold Lutz, 7547 Country Club Drive,
who is an adjacent property owner.
Jeff Sweet, City Manager, made a presentation outlining the overall plans for the
Valley Square area. Plans for development of the area along Rhode Island Avenue�
North of Golden Valley Road, and proposals of Calvary Lutheran Church.
Following this presentation, Mr. Boyd Stoffer explained the proposed office building
describing how the location, design of the building and additional parking were
arrived at.
Mr, Ed Baker of Baker � Associates, reviewed the construction aspects of the pro-
posed building, describing similarities with some other structures they have
designed and the considerations toward landscaping this property, which he
described as unique.
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Mr. Stoffer noted that indeed this property was unique and difficult to develop
for anyone, as it is surrounded on three sides by streets, thus requiring a
35 foot building setback and green areas on those three sides.
The net rentable area of the building was described. The corridors, elevator
shafts and mechanical rooms, equipment chases were all detailed by Mr. Stoffer as
areas that are permanent service requirements for the building that cannot change,
cannot be used for office space, and therefore cannot and do not generate a
requirement for parking spaces. The Zoning Code does not provide for such deduct-
tions and adjusted computations and therefore the additional parking required to
meet code has been negotiated by a contract with Calvary Lutheran Church on their
property directly across the street. Mr. Stoffer also explained the requirements
of the Church to retain use of the existing parking lot on the proposed office site.
The contract between the Church and United Properties was explained in detail .
Following this presentation the Board made a step by step review of the following
waivers requested;
Setbacks, the requirements of the Cade and hardship defined by United Properties
of fhe property, wit� stre�ts on three sides.
Height. Comparisons with surrounding buildings and future proposals
for construction by Calvary Lutheran Church.
Green Areas. The green areas along the parking lot building and as
defined by the requested building setback waivers. It
was noted that following computations and graphing of
the green areas as adjusted on the site, that overall the
green area provided on the sit� was approximately
700 sq, ft. more than required by the Zoning Code.
Parking. The parking was thoroughly reviewed and the details of
the cross parking agreement were confirmed.
David Thompson noted that in evaluating this building with others proposed for
Calvary Lutheran Church, the overall height did not seem as prohibitive as it
would if the building were standing on its own.
Mahlon Swedberg stated this property is unique in that it is bounded by streets
on three sides and has particular requirements for development.
Mr. Harold Lutz, adjacent property owner, said he had no objections to the pro-
posal . Based on other possible uses sueh as fast food, retail business, etc. ,
it appeared to him to be the best building proposed to date for this property.
Ne noted in ali probability he is most affected by this construction.
David Thompson moved to approve the waivers as requested, subject to the lease
arrangement for parking for a minimum of 40 years and the several options as
stated, being reviewed by the City Attorney, Robert Skare. Motion seconded by
DeSautels, upon vote the motion carried unanimously.
There being no further business to come before the Board, it was on motion,
duly seconded, to adjourn at 11 : 10 P.M.
Chairman Swedberg R co in 'S cre y oyd Becker