03-11-80 BZA Minutes ���
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
March 11 , 1980
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tues-
day, March ll , 1980 at 7:30 P.M. at the Golden Valley Civic Center, 7800 Go}den
Valley Road, Golden Va11ey, Minnesota. The following Board members were present:
Glen Christiansen, Chairman
Mahlon Swedberg
G. Wm. Forster
Absent by prior arrangement: Mike Sell , Art Flannagan.
Chairman Christiansen noted that as there was a quorum, the meeting would proceed.
The first order of business was consideration of the minutes of the regular meeting
of the Board of Zoning Appeals held February, 12, 1g80, copies of which had pre-
viously been distributed to the Board.
The Secretary noted that there were administrative problems with the minutes and the
meeting as held. Chairman Christiansen deferred the approval of the minutes to the
last item on the agenda. The Board concurred.
80-3-8 (Map 5) Residential
4920 Sorell Avenue
Helen or Tom H. Parker
The petition is for waiver of Section
3.07(3) of the Zoning Code, side setback, for 5' off
the required 15' side setback to a distance
of 10' from the west lot line to the proposed
garage addition.
The petition was in order. Mr. and Mrs. Parker were present. The proposal is to
allow for expansion of a single attached garage, to a double garage. Consent had
been obtained from all adjacent properties. No adjacent property owners were
present to be heard on this proposal .
Mr. Parker reviewed the development of the area they live in and it was noted that
most of the garages were single car units and most of the homes were three bedrooms.
He explained when they built, their home was constructed as a two-bedroom, and this
provided them with some 20+ feet from their west lot line. It is in this area tl�ey
desire to expand into for a distance of 5' .
The Board expressed its concern of the neighborhood if all the single garages were
expanded, but noted the additional room that the Parker residence has to the lot
line at this time. The Board noted the topography of the lot to the rear of the
property, and it would be difficult to place a detached garage in that area.
Swedberg moved and Forste r seconded a motion to approve the waiver as requested.
Upon vote, motion carried.
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Board of Zoning Appeals
March 11 , 1980 Page 2
�0-3-9 (Map 10) Residential
Lot 10 Block 4 Tyrol Hills
1370 Alpine Pass
Richard M. Sweet, M.D.
The petition is for waiver of Section
3. 11 of the Zoning Code, height, for 1/2 story in
addition to the 2 1/2 stories allowed, to
provide for a dwelling of three levels.
The petition was in order. The Chair noted that consent had been obtained from
all but one adjacent property. Present was Dr. Sweet, Mr. Ackerberg, Architect,
and Mr. James Gandy, Architect, also of Ackerberg and Associates . Also present
was Mr. Spear of 1400 Alpine Pass and Mr. Wynn Noren, an area resident but not an
adjacent property owner.
The Chairman noted this proponent had appeared at the February meeting of the Board
requesting a waiver of the front setback and also 1/2 story in height. This was
denied. The Secretary explained that the architect, in subsequent discwssion with
staff, decided to proceed with a revision of teh original proposal rather than
appeal to the City Council . The home was adjusted further into the steep hill and
the requirement for any front setback variance was eliminated. A new peti�tion was
filed, the fee paid. All adjacent property owners were contacted by the proponent
and the required notices mailed.
Mr. Ackerberg made a detailed review of the construction and placement of the pro-
posed home, explaining the efforts required for construction on such extreme topo-
9►'aPhY•
Mahlon Swedberg stated this was a sizable home and with different design it could
be constructed within height requirements.
Mr. Spear made a detailed presentation, incl:uding pictures of all surrounding pro-
perties and expressed his concern for the size of this proposed home in relation
to his and the appearance the proposed home would project in the neighborhood, He
expressed concern for the energy consumption of this home, the requirements of Dr.
Sweet as a bachelor for approximately 3,000 square feet of living area, and noted
there is a similar lot on the opposite side of his home that, if built upon, may
overwhelm his structure.
Dr. Sweet responded that it was not gluttony on his part as proposed, to construct
a "Tower of Babylon" in the area, that his present marital status may not always
remain, and that he strongly desired to live in Golden Valley. He stated that the
extreme topography required an architecturally designed home on the site and he was
willing to invest as required to construct a suitable and compatible home in that
a rea.
The Secretary, in response to Mr. Spear, reviewed the actions of the February meeting,
the present request, and the City Attorney's determination of the actions of the
Board at its February meeting.
It was moved by Forster and seconded by Swedberg, who noted he was �econd for the
motion only to move it on for discussion purposes, and upon further discuss'ion and upon
vote, motion carried (Swedberg opposed) .
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Board of Zoning Appeals
March 11 , 1980 page 3
80-3-10 (Map 7) Industrial
4240 Olson Memarial Highway,
4224 O1san Memorial Highway, and
621 Indian:a Avenue
St. Regis Paper Gompany
The petition is for waiver of Sectians
7.05 front setback,
7.051 sideyard setback and yard, and
7.055 off-street parking, of the Zoning Code,
per plot plan as filed.
The petition was in order. Present were Mr. James Steilen, Attorney for St. Regis,
Mr. Jerome Welters, Production Manager, and Mr. Marvin Stackhouse.
The Secretary made a review of the meetings held with St, Regis and other properties
in the area prior to this application.
The initial structure was built in 1g55 with the present additions added in 1957 and
built in some areas to the property lines. The proposed addition would require a
waiver of 5.5' off the required 35' from the front lot line, 9' off the required
20' from the east lot line, and 6' off the required 20' from the north lot line.
The major requirement is the substantial waiver required for parking. Total
required would be 366 spaces and total possible with additional leased property
from the railroad and using other areas around the building would be approximately
118 spaces.
The Baord questioned what the alternatives would be if, in the foreseeable future,
St. Regis would require further expansion. Mahlon Swedberg expressed his concern
for the coverage of a large percentage of the site by the building and the preeedent
that would be set far any future requests for such a substantial parking waiver.
Mr. Steilen and the representatives of St. Regis reviewed their actual parking
requirements which appear to be much less than required by the Zoning Code, and it
was also noted the employees are on work shifts, with three shifts currently being
worked at this plant.
Swedberg moved to deny the waivers as requested, noting there are other properties
which will have to be addressed by the City in the future, for future construction
in that immediate area. The motion was seconded by Forster, and upon vote, motion
carried. Mr. Steilen was made aware of the appeal procedure.
The Secretary reviewed the minutes of the February meeting and explained that as
the alternates at 4hat meeting had not been appointed at that time by the City
Council for the year 1g80, the City Attorney, upon his reviewal of the actions
taken, declared the meeting null and void.
Wm. Forster moved, seconded by Swedberg, to accept the minutes as written and pre-
sented as the official record of the proceedings as they occurred, 6ut noting that
all actions were null and void as determined by the City Attorney, the minutes to
be filed in the official minute book for reference only.
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Board of Zoning Appeals
Plarch 11 , 1980 Page 4
The Board noted that two proposa}s were considered at the February meeting. Dr.
Sweet, 1370 Alpine Pass, and Reinertson and Associates, 5800 Duluth Street.
Dr. Sweet had changed his proposal prior to any determination by the City Attorney,
and had filed a new petition and was acted upon at this March meeting.
Chairman Christiansen noted that the office building had previously been before the
Board at its January meeting and at that meeting it was deferred for �urther adjust-
ments by the proponent which was dane and presented at the February meeting. The
Chairman moved to ratify those actions taken at the February meeting as the intent
of the Board, and moved for approval of thase waivers for Reinertson and Associates
at 5800 Duluth Street as requested. The motion was seconded by Forster, and upon
vote, motion carried. (Swedberg opposed.)
The Board discussed the ciesire�bility and requirements for alternates and directed
the Secretary to make a recommendation to the City Manager and Chairman Christiansen
will address a letter to the City Council .
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 10:00 P.M.
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G en Christi en, Chairman Lloyd G. Becker, Recording Secretary