12-11-79 BZA Minutes ����
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MINUTES QF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZOtJING APPEALS
December 11 , 1979
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday,
December 11 , 1979 at 7:30 P.M. at the Go1den Valley Civic Center, 7300 Golden
Valley Road, Golden Valley, Minnesota. The following Board members were present:
Glen Christiansen, Chairman
Art Flanagan
Mah}on Swedberg
G. Wm. Forster ,
Mike Sell
Board members absent by prior arrangement: None.
The first order of business was consideration of the minutes of the regular meeting
of the Board of Zoning Appeais held November 13, 1979, copies of which had previously
been distributed to the Board.
It was moved 6y Mahlon S�edberg, seconded by Art Flanagan, to approve the minutes
of the previous meeting as written and presented. Upon vote, motion carried.
79-t2-41 (Map 10) Residential
1410 June Avenue South
Lot 1 Block 5 Kennedy's South Tyrol Addition
Charles D. and Lilas K. Christopherson
The petition is for waiver of Section
3.07C1� of the Zoning Code for 10' off the required 35'
setback on June Avenue to a distance of 25' from the
lot line to the proposed structure.
The petition was in order. The Chairman noted on the petition that several neigh-
bors were �p�,osed. Mr. and Mrs. Christopherson were present and reviewed the pro-
posed house to be constructed.
Mr. and Mrs. Christopherson noted the extreme topography of the lot, the shape of
the lot, and the problem with it being a difficult corner lot requiring 35' setbacks
from June Avenue and from Sussex Avenue. Mrs. Christopherson explained that indeed
a nouse could be designed to fit within the setback along June Avenue, but the topo-
graphy and shape of the lot would result in a smaller home and less aesthetical
location on the lot.
It was noted that at the foot of June Avenue at Douglas, a similar waiver had been
granted for construction of a new home in October, 1977. Mr. Christopherson
described the proposed house as 3 levels, the top of which would still be below
or at the level of Sussex. It would, with surrounding folliage, etc. in growth
in season, be practically invisible on the lot. The home proposed was described
as at least a value of $100,000, not including the property, that it will be
designed by a registered architect, and that only enough fill to provide for
the driveway off June Avenue would be placed.
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Bc�ard of Zon i ng qppea 1 s.
December 11 , 1979 Page 2
The lot has an area of 16,528 sq. ft. and is a buildable lot a-cording to the City
Engineer and the City Planner.
Mr. Mel Maisil , 4330 Sussex Road, noted a letter dated November 25, 1979 which as
a declaration reflected the opposition to the proposed waiver reguest and which
contained the signatures of most of the surrounding neighbors. He reviewec! the
contents of the letter. The Board had previously received copies of this letter.
Mr. Donald Sather, 4325 Suss�x Road, expressed f�is opposition, noting the �esirabil-
ity of the openness of the area and noting the precedent a waiver approval may set
for the area.
Mr. Ladeslav Cerny, 4320 Sussex Road, expressed his opposition, and noted his con-
cern for the architecture of the area, the reduction in open space and the prece-
dent of the waiver.
Mahlon Swedberg noted the waiver requested is on June Avenue and not on Sussex.
Dr. Mark Idstrom, 1440 June Avenue, expressed his opposition noting the desirability
of the openness of the area this lot provided, that it was utilized by �ildlife and
provided a sense of character to the neighborhood. He stated he would consider
purchasing the lot to maintain this atmosphere.
Elaheh Idstrom, 1440 June Avenue, noted she was a planner and thought this would
be poor planning.
Dr. Idstrom noted that in his opinion, the home constructed by Dr. and Mrs. Bubrick
at the foat of June and Douglas Avenue was the most obtrusive and objectional house
in the neighborhood, and again noted he desired the wild open area adjacent to his
property maintained.
Mr�. Christopherson noted they had no intention of removing any more growth than
necessary to construct the house and it a}so �sas their desire to maintain the
natural characteristics and privacy of the lot. .
Dr. ldstrom stated he would like to have �his lot zoned to an unbuildable lot.
Having heard from all present, and having thoroughly reviewed the proposed, Art
Flanagan moved to approve the waiver as requested, noting while doing so, the area
of the lot (16,52� sq. ft.) , the difficult topography of the lot, and also noting
that combined with the 35' setback from two sides, it was a hardship to develop
any structure on the property. '
Mahlon Swedberg seconded the motion of approval , noting the extreme topography,
the uniqueness of the lot, and also noting that granting of this waiver should
result in a building that is more in keeping with the area. Upon vote, motion
to approve the waiver as requested carried unanimously.
79-12-42 (Map 18) Industrial
750 Florida Avenue South
Product Design & Engineering, Inc. (Jerry Porter)
The petition is for ��aiver of Sections
7.05 and
7.051 setback and yard requirements to allow a storage silo
to be erected in the 45' setback required from Laurel Ave.
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Board of Zoning Appeals
December ll , 1979 Page 3
The petition was in order and approval had been obtained from all property owners
concerned.
The Planning Commission had previously recommended and the City Council had approved
on December 3, 1979, a waiver of the Highway 12 Moratorium on construction for this
proposal .
Mr. Donald Matheson of Product Design was present to explain the proposed metal silo.
Presently, bulk plastic is stored in the building and it can be flammable. Present
storage capacity requires frequent truck deliveries to maintain supply.
If allowed to erect the si }o, the plastic will be delivered by rail car on the spur
next to the building, truck deliveries will be eliminated and safer storage of
plastic supply will result.
The Board reviewed the height and diameter of the tank available. Mr. Matheson said
this could be adjusted to Board requirements. The Board noted the Planning Commission
and Council minutes relative to waiver of the moratorium for a permit to construct
the silo.
Mahlon Swedberg moved to approve a silo of not more than 30' in height and subject
also to removal if not utilized or required by any subsequent owners of the property
at any time in the future, and subject to approval for aesthetic appearances by the
Golden Valley Building Board of Review prior to a permit being issued for construc-
tion. Mike Sell secondeci the motion and upon vote, motion carried.
79-12-43 (Map 14) Residential
Winnetka Avenue at 23rd - SE Corner �
(Replat of Lakeview Terrace)
Mary Weinzierl (�urnet �ealty)
The petition is for waiver of Sections
3.02 and
3.041 from lot width for two-family dwelling for Lots
1 , 2, 3 and 4 Lakeview Terrace, as replatted.
Lc�ts 1 and 2 - 13 ' off the required 150'
Lots 3 and 4 - 24' off the required 150'
The petition was in order. The consent had been obtained from all surrounding
property owners.
The Secretary reviewed with the Board its previous actions several years ago in which
approval had been given for waiver of front footage for two double dwellings included
in the previous plat.
The present proposal is for four double dwellings, with each meeting or exceeding
the required square footage of 18,750 square feet, but with somewhat less than the
required 150' width.
The proponent explained the type and appearance of the structures and also the
driveway configuration.
The soil conditions of this plat require piling and fill and composition ir� some
areas, making it extremely expensive to construct anything on the prope�rty.
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�oa rd of Zean i n� Appea 1 s
December 11 , 1979 Page 4
Mahlon Swedberg moved to approve the waiver as requested, nating the soil conditions
as a hardship for any development and also noting that sufficient turnaround space
be providec� for the driveways so no vehicle would be required to back into the
street. Wm. Forster seconded the motion, stating it was a good use for the pro-
perty. Upon vote, motion to approve carried unanimously.
79-12-44 (Map 2}) Industrial
$00 Boone Avenue North
Jewelmont Corporation - Rabert K. Leeds
The petition is for waiver of Section
13.01 parking - for 50 spaces off the required 155
to 105 spaces on the site.
Mr. Leeds was present for the meeting. The petition was in order and consent
obtained from all adjacent property owners.
Mr. Leecis made a detailed presentation of his company's operations and the require-
ments for further expansiorr. Included in his request was an explanation of his
desire to acquire the Busch Greenhouse properties located at Tenth Avenue and
Boone, and in developing that for a new building he woutd provide the additional
parking required for his present site at 800 3oone Avenue on the new site. He
explained a temporary arrangement until the other site would be developed, and
then proposed acquisition of easements or cross arrangements with Bell Telephone
property or the Fritz properties to achieve access to the proposed additional
parking lot.
The Board noted all the unknowns and variables with the proposal . Mr. Leeds said
he was most concerned that he have some determ'rnation as to the overall feasibility
of this total proposal . It was noted that the Board could only address itself to
the present site and Council approval would be required for any additional parking
arrangements and site development as noted.
Mike Sell stated he felt the problem was stated factually, that Mr. Leeds and
Jewelmont were an asset to the community and that consideration skl�uld be given
to the overall proposal .
Mike Sell moved to grant a waiver of 50 parking spaces as requested, subject to
an entire proposal for all development and alternate parking spaces being presented
to and approved by the City Council before any permits for construction would be
considered. Art Flanagan seconded the motion. During the discussion, the Secre-
tary as Staff Liaison noted that this approval subject to the conditions as noted
provides only direction for Mr. Leeds to coordinate with staff, his proposal and
requirements for future staff consideration and Council recommendation or approval .
Upon vote, motion carr,ied unanimously.
79-12-45 (Map g) Industrial
6400 Wayzata Boulevard
E1 Torito Restaurant
James Jennings
The petition is for waiver of Sections
7.051 and
5.05 of the Zoning Code for 15' off the required 35'
setback and green area along the frontage road
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Board of Zoning Appeals
Dec+ember 11 , 1979 Page 5
and Florida Avenue, and for 10' off the required 10'
green area along the east lot line to a distance of
0' to allow a common driveway between the two proper-
ties.
The petition was in order. Present for the meeting was Mr. James Merila of Merila-
Hansen, Inc. Engineers and Site Planners; Mr. James Jennings, owner of the property;
and representatives of Brookings Development Corporation. This proposal is part
of several parcels of land loeated at Florida Avenue and east along Wayzata Boule-
vard.
The Secretary provided a detailed staff report on the proposed service road and the
properties involved. The present proposed restaurant is part of a site plan that
inctudes an adjacent lot with a proposed restaurant by Mr. Jennings, and there is
also an additional parcel to the east, owned by a Mr. Turnquist, which is also
involved in the overail consideration of development of the service road and the
properties.
The Board made a detailed review with the representative� vf E1 Torito Restaurant.
It was noted that any waivers conditioned on this parcel directly relate to the
development of the adjacent parcel and any determination must recognize this factor.
At this time, the Board reviewed the adjacent parcel that will be brought to the
BZA in January, and the waiuers for that development were reviewed,
Mr. Jim Merila noted that to develop the property, 76% of that total site is
fronted by streets, adn 38% of the land is dedicated for streets.
It was noted that for several years a workable solution to development of the pro-
perty and street and traffic. considerations had been sought.
The Board noted that both restaurants are to be Class I restaurants.
. Mike Sell moved to approve the waivers for E1 Torito as requested, noting that in
doing so it was establishing those waivers required for the abutting site, and also
n�ting possible future considerations to the Turnquist site along the planned ser-
vice road. Art Flanagan seconded the motion, and as noted. Upon vote, motion carried
unanimously.
The Plot Plan showing the site of both restaurants was marked Exhibit "A" and was
signed and dated by Glen Christiansen, BZA Chair, and by Mr. Michael James Jennings,
property owner. This document, when filed, will be the supportive data for the pre-
sent waiver for El Torito and the data for determination of the abutting restaurant
site.
The Chairman reviewed the staff report on the proposed by-law review and set the
January meeting for final review.
There being no further business to come before the Board, it was upon motion, duly
seconded and vote, to adjourn at 10:45 P.M.
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Glen Christiansen, Chairman loyd Becker, Recording Secretary