10-09-79 BZA Minutes �-- --'�
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MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
October g, 1979
A regular meet'ing ofi the Golden Valley Board of Zoning Appeals was held Tuesday,
October 9, lg7g at 7:30 P.M, at the Golden Valley Civtc Center, 7800 Golden Valley
Road, Golden Valley, Minnesota.
The following Board members were present:
Mahlon Sw�edberg, Cha7rman Pro Tem
Art Ftanagan
Mike Sell
G. Wi�. Forster
Board members absent: �len Christensen (death in family)
The first order of busines� was consideration of the minutes of the regular meeting
of the Board of Zoning Appeals heYd Septem6er 11 , 1979, copies of which had previously
been distributed to the Board.
Mike Sell moved to approve the minutes as written and presented. The motiorr was
seconded by Forster, and upon vote, �pproved,
Acting Chairr�an Mahlon Swed6erg introduced and welcomed Mr. Art Flanagan as newly
appointed to the Board of Zoning Appeals.
79-10-32 (MaP 19) Residential
Lot 10, Block 1 Lakeview Heights
West Suburban Builders - Earl Wilson
The petition is for waiver of Section
3.07 (1) front set6ack, for 11 ' off the required 35' to
a distance of 24' from the side lot line to the
proposed house. (Corner lot 35' required on each
side.)
The petition was in order. Mr. Wilson was present.
The Board noted that other structures along Earl Street were at 24' or 25' from the
lot line and that a frontage depth had been established, This proposed home is a
corner lot, thus requiring a 35' setback at Earl Street and at Flag Avenue. The 35'
at Flag is met. The Chairman asked if there was anyone present in the audience who
desired to speak on this proposal . There was none.
Mike Sell moved to grant the waiver as requested, noting it was for 11 ' off the
required 35' an the farl Street lot line. The motion was seconded by Art Flanagan
and upon vote, motion carried.
Board of Zoning Appeals
October 9, 1979 Page 2
79-1�-33 (Map 1) Residential
1830 Glenwood Parkway
Block 2, Lots 16 and 17 McNair Manor
Noelle D. DeTuncq
The petition is for waiver of Section
3• 12 (accessory buildings) Scetion (l) for waiver of }2'
off the required 20' house to garage separation and
for waiver of the requirement to place the garage
wholly to the rear of the house.
Mr. DeTuncq was present. The petition was irr order. No adjacent property owners
were present.
Mr. DeTuncq made a lengthy and detailed explanation for his construction of the
garage as proposed, noting in particular that the present tuck-under garage was
a problem for heat loss and' inconvenient to use. Topography prohibited locating the
proposed garage to the rear. The garage was proposed as close to the side lot line
as the ordinance permits, thus providing for an 8' separation. Mr. DeTuncq submitted
that there was no other reasonable alternative other than this proposal .
During the discussion the Board noted that a part of the existing house on the North
lot line appeared to encroach on the required setback. This distance was not noted
on the recent survey. The secretary noted that normal practice is to note those
distances and the Board, in its actions, usually waived those areas to bring the
existing to conformance. Mr. DeTuncq said he would have the surveyor provide that
measurement.
Mr. Flanagan thoroughly questioned Mr. DeTuncq on his reason for closing his present
tuck-under garage because of the heat loss.
MaMlon Swedberg noted the area of this proposal and that it appeared to him it is
a limited area and the proposal would serve no harm to surrounding property.
G. Wm. Forster said this was a strange piece of property.
Mike Sell moved to approve the waiver as requested and also a waiver of the side
setback along the norht lot line to the existing house (distance to be determined
by verification of the survey) and subject to sheetrock fire stop on those inside
wall portions of the garage within the required 20' separation. The motion was
seconded by Forster and upon vote, approval was unanimous.
79-10-34 (Map l) Residential
1g10 Zephyr Place
Block 4, Lots 16 and 17 McNair Manor
Kevin and Brenda Johnson
The petition is for waiver of Section
3.07 (1) front setback, for 12.3' off the required 35' setback
Zephyr Place to the front of the existing house and for
7.7' off the required 15' sideyard setback along the
north lot line and for the continuance of that waiver
along the north lot line to allow th� proposed addition
to be built in line with the existing house.
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Board of Zonin� Appeals.
October 9, 1979 Page 3
The petition was in order. Gonsent from all adjacent property owners had been
secured. Mr. and Mrs. Johnson were present.
The proposal is for a room addition to the rear of the house and in iine with the
north side of the house, which exists at its closest point at 7.3' from the lot line.
The house as it exists is at 22' 7" from the lot line.
Mr, and Mrs. Johnson noted that approximately one third of their property is a ravine
that continues to the Burlington Railroad tracks.
It was noted that on the south side of the house the lot slopes substantially and
that a deck on this side provides a carport beneath. The addition tothe rear was
felt as their on}y alternative. Mr. Johnson noted their home was constructed in
1936, and was one of the longer established areas in Golden Valley.
The Board noted this was a substantial improvement to the property, that the topo-
graphy is a hardship for any other considerations and the proposal seemed a reason-
able alternative.
Art Flanagan moved to approve the waiver as requested. Mike Sell seconded the
motion, and upon vote, motion carried.
Mr. Forster, Vice Chairman of the Planning Commission and assigned to the Board
of Zoning Appeals for this year, was reque�ted by the Com�ission Chair Sue Eastes
to be seated with the Planning Commission, as they Tacked a quorum.
Present for the remainder of the Board of Zoning Appeals meeting were Mahlon
Swedberg, Art F1anagan and Mike Sell .
79-10-35 (Map 15) Residential
Lot 220 Belmont Additian
(50' lot between 6800 and 6738 Knoll Street - North side of Street)
D.C. Kasin, Inc.
The petition is for waiver of Section
3.042 of the Zoning Code, Merger of Title.
Mr. William Cavanaugh and Mr. Kasi-n were present. The petition showed the adjacent
property owners on either side did not give their consent for the proposed structure.
Mr. Nathan Kivens, 6743 Kno11 Street, was present and stated he approved of the pro-
posal . Mrs. Donald Richmond, 6738 Knoll Street, was present and said she did not
approve. Mr. Pau1 Grothern, 6800 Knoll Street, the neighbor on the west side, wras
present and stated he did not approve.
Mr. Cavana.ugh made a lengthy explanation which detailed his purchase of the lot as
tax forfeiture property. He stated at the time of purchase the Torrens title
indicated there were no restrictions on the property, Upon applicatifln for a building
permit he learned there was a previous court determination and order prohi6iting
construction due to the merger of title requirements of the Zoning Code (Section
3.042) .
The Board reviewed previous Council action on this property and a letter to the
City Council fram Robert Skare, City Attorney, dated August 7, 1979.
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October 9, 1979 Page 4
Mike Sell moved to deny the request for the waiver of the merger of title section
of the Zoning Code, noting that to grant a waiver would in effect remove the
ordinance, and also noting the previous caurt actions and council procedures
regarding this property. Art Flanagan seconded the motion and upon vote, motion
to deny carried.
Mahlon Swedberg advised Mr. Cavanaugh of the appeal process to the Council within
the next 30 days. Adjacent property owners asked to be notified if an appeal is
made.
79-10-36 (Map 14) Industrial
7145 Sandburg Road
Narvey Too1 Company
The petition is for waiver of Section
7.051 sideyard for 10' off the required 10' green area
along the east lot line.
79-10-37 (Map 14) Industrial
7125 Sandburg Road
R.L. Johnson Investment Company (Old Peoria Company) '
The petition is for waiver of Section
7.051 sideyard for 10' off the required green area
alonk the west lot line,
Note; Petitions 79-10-36 and 7g-10-37 are abutting properties and the waiver of
the common }0' green areas are along the comrnon lot line dividing the two
properties. The request is to eliminate the common 20' of green area for
a distance of 180' beginning at 360' south of the front lot line.
Present for the meeting were Mr. M.H. Maisel , treasurer af Old Peoria Company and
Mr. Robert Dowd, representing Narvey Tool Company. No adjacent property owners were
present.
Mr. Maisel explained the problem invalved with the longer trailer trucks now in use
and the difficulty in maneuvering the vehicles to the loading docks. The present
10' on both sides of the common property line has heavy steel posts set in cement
for separafiion but the green area is non-existent and connot be maintained. The
proposed area to be waived and used as a common drive begins 360' in from the front
lot line and is concealed between the two buildings. From that point of 360' there
is an additional distance of approximately 180' to the south lot line; this is the
area requested to be blacktopped to provide maneuvering area for the trucks.
Mr. Robert Dowd, representing Harvey Tool Company, said that for similar reasons
Harvey Tool Company would be agreeable to the proposal and would provide and/or par-
ticipate in all required documents for cross parking or travel between the two parties
and would provide the City copies of a recordable document verifying the agreement.
A plot plan showing the area proposed for waiver was thoroughly reviewed by the
Board and it was generally noted that while the Board has always been reluctant to
relinquish any green areas, this particular situation appears to be a hardship,
because of the loading docks, and the adjacent area of Harvey Tool makes it virt�ually
impossible to maintain any green area satisfactorily.
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October 9, 1979 Page 5
The Board also noted that this waiver requested is 360' in from the front lot line,
is generally between the two buiidings so that the effect of blacktopping this
strip has very little, if any, impact on the appearance of the area.
Mike Sell moved to approve the waiver of Old Peoria (R.L. Johnson Company) and
Harvey Too1 Company as requested, subject to necessary documentation as noted
being presented to the Building Department, and also noting that all existing
and remaining landscape will be adequately maintained. Art Flanagan seconded the
motion, and upon vote, motion carried.
The plot plan referred to in the above was marked "Exhibit A" by Mike Sell and is to
be filed as a part of the waiver petition which describes the area to be btacktopped.
79-10-38 (Map 22) Commercial
7901 Golden Valley Road (Corner Winnetka and Golden Valley Road)
Trach Properties, Inc. and WincheJl 's Donut House
The petition is for waiver of Sections
13.01 parking, and
10.02 landscape (per plot plan) .
Present for the meeting were Mr. Larry LeMieux, real estate administrator for
Winchell 's Donut House, and Mr. David Trach, owner of the building and adjacent
shopping center.
The proposal is to remodel an existing structure at the northeast corner of the
Trach shopping center. This spearate structure was previously used as a service
station and has been cTosed for some time.
Mr. LeMieux provided a detailed description of the Winchell 's Donut operation as
24 hour a day, and noting that compared to other Class IJ restaurants as defined
by the Golden Valley Zoning Code, the WincheYl 's Donut operations were of much
lesser volume, had generally distinct hours of pea:k operation and in most cases,
the increased traffic in existing areas did not create problems.
The plans as proposed for this particular location were then discussed in detail .
The proposal virtually has no<green area whatsoever, in order to provide approxi-
mately 8 to 10 parking spaEes. In accordance with the Zoning Code, 35' of green
area is required on the north and east sides and 52 parking spaces would be
required. Mr. LeMieux noted that they provide 24 seats for the convenience of
the patrons and generally need no more than 10 parking spaces, which normally are
- not all used at any one time.
The Board made several comparisons of other uses possible on the site, for example,
a real estate office, veterinary clinic, business office, etc.
Mr. Trach stated as an example, he had several proposals such as fast oil change
service stations, and an automobile accessory installation and service type
business.
Lloyd Becker reviewed the staff report prepared for this property, which outlined
the substantial waivers required for parking and landscape, and also noting the
potential for similar proposa}s at each other service station site at the
intersection (two) .
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The efforts of other Class II food service franchises in the community were noted
for landscape, parking, etc. , and the precedent such substantial waivers would incur
for any subsequent proposals in the community.
Mr. LeMieux repeatedly noted he would be willing to return to the staff to try to
work out such problems as parking, traffic, and landscape.
Lloyd Becker stated the staf.f had cooperated fully with Mr. LeMieux in his proposal
and would continue to do so, however, the site did not provide for much adjustment
or variation to what is now proposed.
Mahlon Swedberg again expressed his concern for the traffic this type of business would
generate. Art Flanagan referred again to the staff report. Mike Sell , in comparison
to previous use on the site and other alternatives referred to, felt this proposed
use at this time was as good as any.
Mike Sell moved to defer this proposal to a future meeting to allow Mr. LeMieux and
the staff to further review and adjust plans for the site and to gather further
information from other Winchell 's sites on the traffic generated. Art Flanagan
seconded the motion, and upon vote, motion to defer carried.
79-1�-39 (Map 10) Residential
1324 South Tyrol Trail
Charles M. Wally (Nick Loscheider Const.)
The petition is for waiver o�F Section
3.07 (1) & (3) of the Zoning Code for front and sideyard setback�,
for 14.6' off the required 35' front setback to a �
distance of 20.4' to the proposed garage at its closest
point, and for 7' off the required 15' sedeyard setback to
a distance of 8' from the east lot line to the proposed
garage and for 1 .6' of 15' sideyard setback along t(�e east
lot line to the existing house (verified less than 15' for
existing by new survey dated 10-3-79) .
Mr. and Mrs. Wally and their contractor, Mr. Nick Loscheider, were present. Also
present were Mr. and Mrs. Wynn Noren, adjacent neighbors to the east. Mr. Noren ,
presented a letter to the secretary from Mr, and Mrs. Oppegard, adjacent neighbors
to the rear on Wayzata Boulevard. Mr. and Mrs. Oppegard had withdrawn their previous
approval given on the petition form by Mrs. Oppegard.
The Wally proposal is to construct a garage to the front o� the existing hame. The
house is on a lot htat is sloping with a substantial grade up to the re�r. The pre-
sent single garage is under the lower level of the house. The propc�sed garage fvr the
most part, would be set into the bank in front, would present a relatively low profile,
and would have a deck on top.
Mr. Noren asked to -speak and expressed his objection to any variance of the front or
side setbacks, stating it would detract from the value of his home, would project
to proposed garage and deck directly in his view from an upper bedroom of his home,
and if constructed, would provide a potential for other problems.
Mr. Wally, Mr. Loscheider, and Mr, Noren reviewed alternatives with the Board for
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Board of Zoning Appeals
October 9, 1979 Page 7
adjusting the garage and deck location, for reducing its size, and landscape
considerations, none of which appeared satisfactory or �c�reeable to either party.
Mahlon Swedberg discussed the merits of a double garage over a single garage,
noting that it is desirable to get cars off the street in neighborhoods and it
is desireable to have sufficient garaging because of climate in this area. Today's
market requires upgrading of existing homes.
Art Flanagan said he can' t agree ta putting a garage or structure into the front
and side setbacks to the degree proposed and especially so over any objections
of the adjacent property owners. Mike Se11 reviewed again any alternatives.
It was noted that while it is desirable to have cars garaged or parked off the
street, Mr. Wally has 4 cars and two would still remain for outside parking.
Art Flanagan moved to deny the proposal . Mike Sell seconded the motion, noting he
did so to get the motion for consideration.
After further discussion on the motion, Mahlon Swedberg called the vote. Upon
vote it was Flanagan and Sell aye and Swedberg nay. Motion to deny carried.
Mahlon Swedberg cal'led Mr. Wally's attention to the appeal procedures if he so
desired.
There being no further business to come before the Board, it was upon motion,
duly seconded and vote to adjourn the meeting at 12: 10 P.M.
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Mah on Swedberg, Chair Pro T m Lloyd Becker, Recording Secretary