02-12-80 BZA Minutes �—�
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- MINUTES OF A REGULAR MEETING OF THE
GOL�EN 1lALLEY BOARD OF ZONING APPEALS
February 12, 1980
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday,
Februa�y 12, 1980 at 7:30 P.M. at the Golden Valley Civic Center, 7800 Golden Valley
Road, Golden Valley, Minnesota. The following Board members were present:
Mahlon Swedberg, Vice Chairman
G. Wm. Forster
A1 �eSautels, Alternate
David Thompson, Alternate
Absent by prior arrangement: Glen Christiansen, Mike Scll and Art Flanagan.
The first order of business was consideration of the minutes of the regular meeting
of the Board of Zoning Appeals held January 8, 1980, copies of which had previously
been distributed to the Board.
It was moved by Forster, seconded by D�Sautels to approve the minutes of January 8,
1980 as written a�d presented. Upon vote, motion carried.
80-2-6 (Map 10) Residential
Lot 10 Block 4 Tyrol Hills
1370 Alpine Pass
Richard M. Sweet, M.O.
The petition is for waiver of Section
3.07(1 ) of the Zoning Code, front setback, for 8' aff
the required 35' front setback to a distance of
27' to the proposed dwelling at its closest point,
and for waiver of Section
3.11 height, for % story in addition to the 2 2
stories allowed, to provide for 3 levels.
The petition was in order. Present for the meeting were �r. Sweet and his architect,
Mr. James Gandy.
Mr. Gandy made a detailed presentation to the Board, describing the difficult topo—
graphy of the lot, the req�irements of Dr. Sweet for living area and access to the
garage area, and the relationship of the proposed home to the surrounding properties
as to height, size, and setbacks. Mr. 6andy emphasized the need by Dr. Sweet of
a driveway that could be negotiated at all times and in all weather. The effects of
moving the structure further back into the hill were thoroughly reviewed.
Mr. and Mrs. David Spear, 14U0 Alpine Pass, were present. Mr. Spear noted he is the
neighbor most directly affected and said that he too has a steep driveway to his
garage, but that his primary consideration to that is getting dc�wn safely, and when
weather is too inclement he leaves his auto at the foot of the incline. Mr. Spear
noted the general development of the Tyrol area had been aesthetically pleasing and
in accordance with the Zoning Code, and that he and his neighbors were very concerned
that the few lots remaining would be developed in the same mann�r.
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Board of Zoning Appeals
February 12, 1980 Page 2
Mahlon Swedberg questioned the size of the hc�me on this particular topography and
surmised that the size and design of this house on this topography creates the
difficulties that require their waiver request.
Dr. Sweet said he could be willing to build a wider house but it would not work
out o� the lot, and the proposed strueture was designed fo� his needs and in keep-
ing with the topography.
Mr. Gandy noted that the lot is practically a non-buildable lot because of topo-
graphy, and that to design a house just to meet the setback or height requirements
may result in a tess desirable structure aesthetically.
�avid Thompson moved to deny the request for a waiver of 8' off the required 35'
front setback. The motion was seconded by Forster. Following further discussion
on the motion the vote was called. Upon vote, 3 aye and one nay (Swedberg), motion
to deny carried.
Wm. Forster rrbved to grant the waiver for one balf additional floor to a height of
three stories. The motion was seconded b�r Thompson. Following additional discus-
sion on this motion, the vote was called. Upon vote, it was 2 ayes and 2 nays -
vote deadlocked. Motion to approve failed.
It was noted that Robert's Rules of Order are followed through the Board of Zoning
Appeals By-laws. Confirmation of a deadlocked vote as noted will be by the City
Attorney.
Or. Sweet was informed of the appeal process, if he so desires.
80-2-7 (Map 11 ) Business � Professional Office
58�0 Duluth Street
Reinertson � Associates
(Deferred from January meeting)
The petition is for waiver of Sections
10.03 parking,
10.�4 height,
10.05 building setback,
10.06 yard,
10.07 area of buitding to land.
Present for the meeting was Mr. Mark Reinertson, Mr. Phillip Kankel , and Mr. William
Taft, alt of Reinertson and Associates. No adjacent property owners were present;
all had been renotified.
This item had been deferred from the January 8, 1980 meeting to allow tMe proponent
further time to reduce some previous waivers required and to readjust certain other
elements of the proposal .
Mahlon Swedberg asked the alternate Board members if they were comfortable in making
a determination on this proposal , not having been through the initial presentation,
After discussion, it was agreed that all aspects would be reviewed and further
changes clarified and they could proceed. The proponent was also questioned and it
was agreed to proceed to a determination rather than defer to another date.
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Board of Zoning Appeals
February 12, 1980 Page 3
Mahlon Swedberg reviewed the previous meeting, the concerns of the Board, the posi—
tive aspects of the proposal , and the proponent's comments and efforts. Swedberg
further stated his view now, as before, is that it is a rather large building for
the site, including the unique parking arrangements and he posed the question of
whether the property could justify the size of the building cc�mplex proposed.
The Board entered a lengthy and detailed discussion of all of the waivers required,
their effect on the overall proposal and the surrounding properties. Parking on the
site and traffic on Uuluth Street were thoroughly explored.
A scale model was presented which allowed an accura#e and comparable evaluation to
bemade by the Board.
David Thompson noted it was an attractive building, that it fits nicely with sur—
rounding land uses. Wm. Forster concurred. A1 DeSautels also looked favorably on
this structure, but expressed his concern for the traffic on Duluth Street.
William Forster moved to approve the proposal as presented, subject to the following:
1) Plot plan being identified as Exhibit ''A'' and with all waivers on
that plat being defined exactly per each section;
2) Proponents providing an easement to the City of Golden Valley across
the property as defined on Exhibit "A", subject to mutual agreement
by the City Park and Recreation Director and the City Park Board
and the proponent for said easement;
3) Exhibit "A" being signed by the Chair and the proponent as an officiat
doc�ment of these proceedings; and,
4) The following waivers as required:
(a) Section 10.03 Parkinq — For 12 spaces off the reqaired 168 spaces
to a total of 156 spaces on the site.
(b) Section 10.04 Heiqht — For 3 additionat stories above the first
floor tevei to a total height of 4 stories from ground level .
Ground level under building used for parking only.
(c) Section 10.05 Buildinq Setback — For 10' off the required 20'
setback along the north tot line to the proposed parking struc—
ture portion of the building, to a distance of 1�' from the lot
line.
For 2' off the required 20' setback along the north 1ot line to
the proposed office portion of the structure to a distance of
18' from the north lot line.
For 10' off the required 20' setback along the east lot line
to the proposed parking structure to a distance of 10' from the
east lot line at its closest point.
(d) Section 10.06 Yard — For 25' off the required 35' green area at
a point located at the corner of the east and south lot lines
where the lot line angles north as noted on Exhibit ''A".
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Board of Zoning Appeals
February 12, 1980 Page 4
(e) Section 10.07 Area of Buildinq to Land - (40% coverage allowed in
Business � Professional �ffice Zoning) To waive this requirement
sufficiently to provide for the parking structure on this site.
(Office portion of structure complies.)
David Thompson seconded the rr+otion, and upon vote, motion carried with 3 ayes and
1 nay (Swedberg).
It was moved, seconded and upon vote, carried to defer final action on the By-laws
revisions until the next regular meeting.
There being no further business to come before the Board at this time, it was upon
motion, second and vote to adjourn this regular meeting at 1�:15 P.M.
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ahlon Swedberg, Vice Chai man loyd B c er, Recording ecretary
NOTE: Actions taken at this meeting ruled invalid
at March meeting -- See minutes -- These
minates are to reflect only the record of
proceeding----Actions taken are invalid. 'i
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