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01-08-80 BZA Minutes �-�.� �:';�� � MINUTES OF A REGULAR MEETING OF THE GOL�EN VALLEY BOARD OF ZONING APPEALS January 8, 1980 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, January 8, 1980 at 7:30 P.M. at the Golden Vatley Civic Center, 78�0 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Glen Christiansen, Chairman Art Flanagan Mahlon Swedberg G. Wm. Forster Mike Sell Board members absent: t�one. The first order of business was consideration of the minutes of the regular meeting of the Board of Zoning Appeals held December 11 , t979, copies of which had previously been distributed to the Board. It was moved by Swedberg, seconded by Sell to approve the minutes of the meeting of December 11 , 1979 as written a�d presented. Upon vote, motion carried. 80-t-1 (Map 18) Industrial 64�0 Wayzata Boulevard Lot 2 of Block 1 Florida Restaurants Add'n. James Jennings The petition is for waiver of Sections 7.�51 and 5.05 of the Zoning Code for 10' off the required 1U� of green area required on the common lot line (west property line) between the proposed E1 Torito Restaurant, and for 15' off the req�ired 35' of green area reauired along the east and north property lines along the frontage road to a distance of 20' of green area. The petition was in order. Present for the meeting were Mr. James Jennings and Mr. James Merila. No adjacent property owners were present. The Chairman reviewed the proposal noting that the previous month (December, 1979) the Board had approved the overall plan for both the E1 Torito Restaurant and Mr. Jennings� proposal now before the Board. Both parcels are contiguous and previous waivers to the El Torito were .premised on the approval of the proposal . Mahlo� Swedberg noted this proposal had been covered fully in December. Mike Sell moved to approve the waivers as requested. The motion was seconded by Flanagan and upon vote, motion for approval carried unanirr+ously. � ,������' � ,�j��� Board of Zoning Appeals January 8, 1980 Page 2 80-1-2 (Map 21 ) Commercial 8000 �olden Valley Road Sherman Quisberg dba Super Ualu The petition is for waiver of Section 13.01 of the Zoning Code (parking) for �2 spaces off the 277 spaces now on the site to a total of 235 spaces. This request is to atlow construction of a proposed addition along the south side of the building within setbacks as required. The petition was complete and approval had been obtained from all adjacent property owners. The parking on the site was originally approved for 277 spaces. The proposed addi- tion removes 7 spaces and generates 35 additional . Mr. Quisberg noted that as shown on the plot plan, there is an area shown on the west side as future parking and utilizi�g this, they have 269 spaces. In reality, they are only 8 spaces short by the proposed construction from the original 277. The truck unloading area was clarified and the volume of parking traffic was reviewed. Mahton Swedberg stated that the proposed expansion did not have a significant impact on additional parking. Mahlon Swedberg moved to approve the waiver as requested, G. Wm. Forster seconded the motion, and upon vote, motion carried. 80-1-3 (Map 5) Residential 2321 Kyle Avenue North James Haglund The pe�ition is for waiver of Section 3.07(1 ) of the Zoning Code for 1 .4' off the required 35' setback along Bassett Creek Drive to allow construc- tion of an addition to the present dwelling. Mr. Nagtund and his contractor were present. Consent had been obtained from all adjacent property owners. The Board reviewed the planned addition, noting this property is fronted on two streets, thus requiring 35' setbacks on two sides. Mr. Haglund explained he had reduced his addition to the minimum feasible in order to minimize intrusion into the setback. The Board reviewed the plans thoroughly. Mahton Swedberg noted the lot size of this house is 4,000 square feet more than is required, that the waiver request is reasonable, considering the 35' setback required on two sides. Sell noted also the requireme�ts of corner lots. Art Flanagan moved and Mike Sell seconded a motion to approve the waiver as re- quested. Upon vote, motion to approve carried. �`�`':.�! �w'�� � Board of Zoning Appeals January 8, 198� Page 3 80-1-4 (Map 1 ) Residential 25�0 Byrd Avenue North Lawrence Schenck The petition is for waiver of Section 3.07(1 ) and 3.07(2) of the Zoning Code for 5' off the re�uired 35' front setback to a distance of 30' from the front lot line to the proposed addition and for 5.65' off tMe required 1n.65� along the`�ast lot line to a distance of 5' from the lot line to the proposed garage addition at its closest point. Mrs. Schenck was present. Consent from all adjacent properties had been obtained. The Board noted this home was typical of those in the area, built around the late 1940's and early 195�'s. Originally many of these homes did not have garages. The topography generally prevents access to a detached garage to the rear because a driveway would be too steep. Several adjacent homes have constructed garage additions to the front and sid�s, some with waivers and some before waivers were required. This is the only home without a garage. Mrs. Schenck noted that the actual living area above the tuck-under garage is set back an additional 3 feet so at that point their actual variance is only 2.65 feet. Art Flanagan moved to approve the waiver as requested, noting the difficult topography and lack of other alternatives. Mahlon Swedberg seconded the motion noting the desireability of a garage in this climate and also noting the minimum . si2e of tMe garage proposed. Upon vote, motion carried. 8�-1-5 (Map 11 ) B � PO 580� �uluth Street - Reinertson and Associates The petition is for waiver of Sections 10.03 parking, 10.Ob height, t0.05 building setback, 10.06 yard, and 10.07 area of building to land; for three additional stories in addition to the one story allowed to a total of four , stories inct�ading the lower parking level ; for 49 spaces off the required 204 spaces to a total of 155 parking spaces on site; for 10' off the required 2�' building setback to a distance of 10' from the east and north lot lines to th� proposed structure; for 25' off the required 35' green area from the front lot line to the proposed parking a�ea adjacent to the east lot line; for approxi�ately 3,15$ sq. ft. off the allowed 27,394 sq. ft. on the site to a total of 30,552 sq. ft. of buitding on the site (40� allowed). � �a�` � � ,, Board of Zoning Appeals January 8, 1980 Page 4 Messrs. Reinertson, Kankel , and Taft were prescnt, representing Reinertson and Associates. The Chairman noted that consent had not been received from all adjacent properties, and tha� �some were undecided. Notices had been sent to all adjacent properties by the City. The Board and the proponents entered a lengthy and detailed review of the proposed building. This is an office building, actually of three tevels, and a ground floor level for parking underneath and a parking ramp at the second level adjacent to the offices. The building has several elevations in respect to each side. The ordin- ance in Business and Professionat Office allows only 40� of a site for a structure. The proposed offices are slightly more and the waiver is noted; however, the parking structure, while not defined exactly by ordinance, is in effect a portion of the structure and this incurs setback waiver and additional consideration of the overall coverage of the building on the site. The Board reviewed the proponent's rationale for co►nputing the parking on the net rentable area of the building, deducting such things as corridors, bathrooms, mech- anicals, etc. The Secretary noted the Zoning Code requires the computation for parking on gross square footage. The Board did note that those areas mentioned realistically did not generate parking spaces. The Board generalty was favorable to the architecture and concept; however, the concerns were for parking and height. Mahlon Swedberg moved to deny the reqcaest, noting he felt it was just too much build- ing for the site. The motion was seconded by Art Flanagan. During the discussion on the motion the proponent requested the Board defer this request to another date to allow him to adjust his plans and to provide scale models better describing all elevations. Mahlon Swedberg said his motion stands, and Art Flanagan withdrew his s�cond. Mike Sell moved to defer this request to the next month's meeting (February) to allow the proponent to adjust the proposal and provide additional information. Wm. Forster seconded this motion and upon vote, motion carried, with 4 ayes and 1 nay (Swedberg). The Chairman reviewed the By-laws and the staff review and recomnendation by the Secretary. Several additiorrs and adjustments were made to this proposal , following which the Board moved approval as written and adjusted. Secretary to rewrite By-laws for final approval at subsequent meeting. There being no further business fio come befort the Board, it was upon motion, second and vote to adjourn at 9:55 P.M�. 1 1 � r � Glen risti �n, Chairman Lloyd ecker, Recording Secretary