08-14-79 BZA Minutes �- �;�
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' MINUTES OF A RE6ULAR MEETING OF THE
GOLDEN VF1LLfY BOARD OF ZONfNG APPEALS
August 14, 1979
A regular meeting of the Golden Va11ey Board of Zoning Appeals was held Tuesday,
August 14, 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
G1en Christiansen
Mike Sell
Her6 Polachek, Alternate
Kathryn Herje, Alternate
Board members absent by prior arrangement:
G. Wm. Forster
Larry Smith, Resigned
The first order of business was consideration of the minutes of the regular meeting
of the Board of Zoning Appeals held July 10, 1g7g, copies of which had previously
, been mailed to the members and alternates.
Herb Polachek moved and Mike Sell seconded a motion to approve the minutes of
' July 10, 1979 as written and presented. Upon vote, motion carried.
79-8-27 (Map 2T) Commercial
7900 Golden Va11ey Road
Union Oil Company of California
The petition is for waiver af Section
5.�5 af the Zoning Code to allow a canopy to be constructed
from the front of the building to the South lot line.
The petition was in order. Present was Mr. Donald L. Egerer, representing Union
Oil Company.
The proposal is to construct a canopy over the existing two gas pump islands. The
canopy would extend from the 6uilding and out to approximately 4' from the front
(South lot line) on Golden Valley Road. The existing center of the pump island near
Golden Valley Road is 9'4" from the lot line. The current Zoning Code requirement
is 35' .
Mr. Egerer described in detail the height, type of roof and mansurd facing to match
the existing building, and noted the primary reason for the canopy is for inclement
weather protection of self-service customers.
The secretary called' the Board's attention to the current setbacks of other structures
along Golden Valley Road, the new bank now under construction as part of the Valley
Square plans, and the potential impact this canopy would have at this location.
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August 14, 1979 Page 2
The secretary read a report from Jay Ipsen, Deputy Fire Marshall , which noted the
proposed construction and method of self-service sales met al } requirements for
fire safety.
Glen Christiansen expressed his concern for the impact of this canopy at this
particular location and noted his primary concern was how close the existing pumps
are to the lot line and proximity of the proposed canopy to the lot line. He noted
that there have been other canopy requests at other locations, but none with the
degree of setback waiver as required here.
Kathryn Herie noted the proposed canopy had a nice appearance but if cQn��r���ed, _tbe
service station may look like it is -bui1t .up to the lQt line.
Mahlon Swedberg stated he had a deep interest in appearance of these canopies, and
this location did not seem suitable 6�cause of the proximity to the lot line and the
degree of waiver required. Swedberg stated that the su6ject of canopies should be
addressed by the Zoning Ordinance as the Board has had a num6er of previous requests
and canopies are proposed not only for service stations, 6ut other drive-in facilities
as well .
Mike Sell stated that excluding any consideration to Valley Square plans or present
or proposed eonstruction in the area, his concern was the canopy is a part of the
bulk of the building, the pump island� are not within the required setback, and
the canopy would project too close to the ]ot line, Sell said consideration should
be given to the canopy construction in the Zoning Code as a specific item. He also
noted the Texaco service station on the opposite corner and its proximity to the
lot lines and the impact of two canopies on opposite corners at this intersection,
should Texaco aTso desire to construct a canopy.
Mike Sell moved and Glen Christiansen seconded a motion to deny the canopy as pro-
posed. Upon vote, motion carried.
Kathryn Herje questioned how any proposed ordinance change would be brought to the
attention of the City Council . The secretary noted the Council receives copies of
all Board of Zoning Appeals minutes and a staff review and report with recommendation
would be the method used by the City Council for consideration.
79-8-28 (Map 20) Residential
9345 Naper Street
Lloyd J. Zoubek
The petition is for waiver of Section
3. 12 (1) of the Zoning Code for 8' off the required 20' house to
garage separation to a distance of 12' between the existing
garage and the propased kitchen addition.
The petition was in order and consent had been obtained from all adjacent owners.
Mr. Zoube�C was present and explained his proposal . He stated that as the survey
shows, his lot is approximately 60' wide. There is no room for expansion within
reason to either side. The existing garage could not have ;been constructed further
to the rear because the lot drops off rapidly. The existing garage required a cement
block foundation the depth of a normal 6asernent to construct it as it is.
This is a kitchen addition which would alleviate the cramped conditions that now exist.
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August 14, 1979 P��e 3
Mahlon Swedberg noted the pro6lems with the topagraphy.
Gien Christiansen moved to approve the waiver as requested subjeet to sheetrock
fire stop being instaT}ed on the portions of those walls of the garage that are
within the 20' separation area.
Herb Polachek seconded the motion and upon vote, mation carried.
79-8-2g (Map 3) Residential
5315 Lowry Terrace
Gerald R. Lutz
The petition is for waiver of Section
3.07 (3) of the Zoning Code for 6' off the required 15' sideyard
setback to a distance of 9' from the west lot line to
the proposed addition.
The petition was in order; consent obtained from all affected properties.
Mr. and Mrs. Lutz were present.
The present home is constructed in an L-shape and the proposed addition is to add
on the west side out to the front line of the existing east wing. This wou]d be
done by expanding to the west within the waiver as requested so that when brought
foreward, the addition would provide � courtyard in the middle rather than a narrow
tunnel-like corridor to the front entry.
The Board reviewed alternate means of additions: Construction to fihe rear was not
practical as fihe present home is laid aut. Construction to the east i's prohibitive
as the Woodlawn Park is adjacent to this property and a large drainage ditch parallels
the Lutz property and during heavy periods of rainfall , would create water problems
to any addition in this area.
Mr. Lutz shawed the Board how the roof lines wou}d blend in, and it was agreed this
would be an attractive addition.
Mahlon Swedberg noted that the garage had been reduced to manageable size.
Mike Sell , noting the drainage problems that would. occur with any eanstruction
to the east side and noting the configuration of the existing house, moved to
approve the waiver as requested. Motion was seconded by Kathryn Herje and upon
vote, carried unanimously.
79-8-30 (Map 20) Residential
1332 Orkla Drive
Patrick and Katie Sauer
The petition is for waiver of Section
3. 12 (1) of the Zoning Code for 9' off the required 20' house to
garage separation to a distance of ll ' between the garage
and the proposed addition.
Mr. and Mrs. Sauer were present. Approval had been o6tained from all adjacent
property owners.
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August 14, 1979 Page 4
This is a large lot, 140' wide at the rear and 112.' at the street line. The existing
house is 43' back from the street. The existing garage stands to the side of the
house with 27' separation from the house. The proposal is to add an addition of
16' in this area. The addition is proposed with the depth of the existing house and
would provide a family room and additional kitchen area.
Mahlon Swedberg questioned why 16` for the addition, why not less?
Mr. Sauer explained how the home was constructed and to add anything less at this
time would be costly in the future for any additional construction and a narrow,
long addition wasn't practical or economically sound.
It was noted that, in reality, Mr. Sauer could have added 27 feet and tied it to
the existing garage which stands 1} ' from the side lot line and he would have only
needed a 4' waiver at the closest point for a side lot variance. Mr. Sauer said
they had considered that, but the garage is at a slightly different elevation and it
couldn't be worked out.
Glen Christiansen moved to approve the waiver as requested, subject to sheetrock
being installed on the inside of those garage walls adjacent to the house and within
the 20' separation area. Herb Polachek seconded, and upon vote, approval was
unanimous.
Chairman Swedberg noted that election of officers was long overdue, however, again
the Board had two alternates in attendance. It was agreed the alternates are full
voting members and that election of a new Chairman was possible at this time.
Kathryn Herje said she felt that, as the election of offic�rs was not listed on the
Agenda, it would not 6e correct to do so.
Mike Sell moved to add the election of officers to the Board 's Agenda, Herb Polachek
seconded and upon vote, motion carried.
Secretary L}oyd Becker assumed the Chair and called for nominations for Chairman of
the Board of Zoning Appeals for the remainder of the term.
Mike Sell nominated G1en Christiansen and Swedberg seconded the nomination. The
Chair called three times for further nominations. There being none, nominations
were declared closed.
Herb Polachek moved and Mike Se} 1 seconded a motion to elect Glen Christiansen Chair-
man of the Board of Zoning Appeals for the remainder of the term. Upon vote, motion
carri ed.
4 Ayes. Herje abstained. Herje abstained as the item had not originalay
been on the Agenda.
Glen Christiansen assumed the Chairmanship.
Kathryn Herje moved to request the Council to investigate an ordinance for the
regulation of canopies.
Mahlon Swedberg seconded and upon vote, motion carried,
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There being no further business to come befare the Board, it was on motion, second
and vote, that the Chairman declared the meeting adjourned at 9:05 P.M.
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Chai man Chris ansen Re ording Secretary Lloyd Becker