05-13-80 BZA Minutes r�,^,a ' i
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MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF Z�N1NG APPEALS
May 13, 1g80
The regular meeting of the Golden Valley Board of Zoning Appeais was held Tuesday,
May 13, 1g80 at 7:30 P,M, at the Golden Valley Civic Center, 7800 Golden Valtey
Road, Golden Valley, Minnesota. The fol1owing Board mem6ers were present:
Glen Christiansen, Chairman
Donald HugF�es, Alternate
Art Flannagan
Mike Sell
Mahlon Swedberg
Wm, Forster absent 6y prior arrangement.
The first order of business was consideration of the minutes of the regular meeting
held April 8, 1980, copies of whieh had previously 6een distri6uted to the Board.
Mike Sell moved to approve the minutes as �vritten and presented, seconded by Art
Flannagan, and upon vote, motion carried,
$�-5-13 (Map 17) Residential
6839 Country Club Drive
David J, or Kathleen G. Stolts
The petition is for waiver of Section
3.07(1) of the Zoning Code, set6ack from �treet, for
20' off the required 35' setback ta a distance
of 15' from the ea�t 1ot line to the proposed
room addition. (Present house nonrconforming
at 20.7' from east lot line,)
The petition was in order and consent had 6een obtained from all adjacent p�operties.
No affected properties were present,
Mr. and Mrs. David Stolts were present and Mr. Stolts reviewed F►is request. It was
noted that as the community was developed, Jersey Avenue was in�talted and the
existing house became less than the required 35' setback on Jersey. During the
discussion, it became apparent that a hardship exists for any further construction
due to the 35' setback required on 6oth Country Clu6 Drive and Jersey Avenue.
Noting this hardship, Mahlon Swedberg moved to approve the waiver as requested. The
motion was seconded by Mike Setl and, upon vote, motion carried unanimously.
80-5-14 (Map 20) Residential
1608 Mendelssohn Avenue
Merlyn W. or Beverly Schuette
The petition is for waiver of Section
3.07(1) of the Zoning Code, front yard, for 1.4' off
the required 35' front set6ack to a distance
of 33•�' from the front lot line to the proposed
addition, (present home 57.6' from front lot iine.)
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May 13, 1980 Page 2
Mr. Schuette was present, and no adjacent property owners �rere present. Con�ent
had been o6tained #rom those properties on the p�tition.
The present house as built is 57.6' from the front lot, and there is nc� access to
the rear for a detached garage. Several adjacent hames have con�tructed attached
garages to the front in a similar manner.
Mr. Schuette explained that the proposed garage at 2�" �vide is the minimum possi6le
for a two car garage and to provide any room for la�rn tools, a mower, or any
routine storage, it required suf�icient deptC� so they can be placed in front of
the vehicles. At the present time, the lawn mower, etc, must be stored in the base-
ment and carried out each time.
Mike Sell noted the traffic on this street, the degireability t�f having a garage,
adn lack of any other alternative.
Mahlon Swedberg noted that there wras no reason to sacrifice the utility of the
garage for 1 .4 feet.
Art Flannagan moved to approve the waiver as requested, The m4tion was seconded
by Donald Hughes and upon vote, motion carried unanimously.
80-5-15 (,Map 3) Residential
3339 Lee Avenue North
Beverly Morgan
The petition is for waiver of Section
3.07(3) of the Zoning Code, side yard, for 3.75' off the
required 12.75' sideyard setback to a distance of
9' from the south lot line to the proposed garage.
Beverly Morgan was present for the request. Consent had been obtained from all
adjacent properties. No adjaeent property owners were present to be heard on this
proposal .
The present single car garage is very narrow- and while it appears to be the depth
of the hou�e, it is not, as the rear portion is a storage and tool room only, and
not sufficient for an additionat vehicle.
After considerable discussion, it was determined that the proposed garage additiAn
would provide for a width of 22' and it was agreed this could be reduced to a
width of 20' , the minimum possible construction for a doar to provide for t�ro
vehicles. TMis reduced the waiver requirement to 1 ,75 feet.
Mahlon Swedberg noted that this was a typical situation ofi a home constructed in
the 1950's which required an upgrade to the 1980's, and provide� for upgrading
of the properties and existing neighborhood�. The placement of the exi�ting house
and garage is a hardship which would require a waiver for any reasona6le improve-
ment.
Mike Sell moved to approve a waiver of the sideyard setback to provide for a garage
addition to be constructed to within 11 ' of the south lot line. The motion was
seconded by Art Flannagan and upon vote, carried unanimously.
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MaY 13, t980 Page 3
80-5-16 (Map 2) Residential
1830 Glenwood Parkway
Wayne DeTuncq
The petition is for waiver of Section
3•�7�3) of the Zoning Code, sideyard setback, for 13' off
the required 15' to a distance of 2' from the south
lot 'line to the propo.sed garage addition.
7he Secretary noted Mr. DeTuncq had requested his proposal be deferred to the next
regular meeting.
Mahlon Swedberg moved t� defer the proposal to the June meeting. The motion was
seconded by Donald Hughes and upon vote, carried.
80-5-17 (Map 4) Residential
2940 Quail Avenue North
Jerry Slater
The petition is for waiver of Section
3.07(1) of the Zoning Code for 17.3' off the rec;uired 35'
setback to a distance of 17.7' from the lot line
abutting Normandy Place to the existing house, to
allow a room addition to be built to the rear of
the existing house, which would be within the pre-
sent setback line with the existing structure.
Mr. Slater was present with his contractor. Consent had 6een obtained from all
adjacent properties. There were no others present to be heard on this proposal .
This is a corner lot with the existing house at 17,7 feet from Norr��andy Place.
Normandy is not construeted to full width and the appearance is of at least 35' of
yard on this side,
The existing house is placed at an angle on the lot and the proposed addition would
not 6e any closer than what now exists. The requir-ed 20' separation between the
house and the detached garage would be maintained.
Mahlon Swedberg moved to approve the addition as proposed, noting in doing so, that
corner lots with the 35' setback on two sides have, in most cases, an inherent
handicap for any further construction to existing structures. The motion was seconded
by Art Flannagan. During discussion on the motion, Mike Sell asked that the minutes
reflect that the required house to garage separation be retained and that the pro-
posed structure will not be beyond the line of the existing house at its closest
point to Normandy Ptace. Upon vote, motion to approve carried unanimously.
80-5-1� (Map lg) Residential
9015 Elgin Place
Thomas M. Rootness
The petition is for waiver of Section
3.07(2) of the Zoning Code, rear setback, for 9' off the
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Board of Zoning Appeals
May 13, 1980 Page 4
required rear setback to a distance of
9' from the rear lot line to the proposed
deck at its closest point.
Mr. and Mrs. Rootness were present; consent had been obtained fram alt adjacent
property owners. No others w�re present to be heard on this proposal .
Mr. Rootness explained the proposed deck at the rear of his house. The Board
noted the configuration ofi his lot which was wide but a minimum in depth and
lot lines that were angled both front and back.
Mahlon Swedberg called attention to the )ow profile of this deck, that it was
designed to parallel the angled lot line and that it was not a significant intru-
sion into the required yard area.
Upon further discussion of alternatives, Mahlon Swedberg moved to approve the
deck' as proposed. It was seconded by Art Flannagan and, upon vote, motion carried
unanimously.
80-5-1; (Map i8) industriai
6980 Wayzata Boulevard
Jim Lupient Olds Co.
The petition is for waiver of Section
7.051 of the Zoning Code, yard areas, for 20' off the
required 35' yard requirement along Louisiana
Avenue to a yard area of 15' .
Present for the meeting was Mr. Jim Lupient and Mr. Johnson of A16itz Design.
All adjacent property owners had been notified.
This request is for the existing building and area on the east side of Lauisiana
Avenue at Wayzata Boulevard. This is the former service station which was
recently granted a waiver of the moratorium to atlow construction of a temporary
addition to house the car wash facilities and service area for Mr. Lupient's
ieasing agency which is operated independently of the autoinobile sales located
acrass the street. The present parking area is only gravel fiTled, is saturated
to the lot lines with parked vehicles and no semblance of green areas or parking
stalls or interior curbs are provided. Mr. Lupient, with his designer, explained
the landscaping and the reason for his request for only 15' of proposed green
area along Louisiana Avenue,
The Board entered a lengthy discussion which included the present effect on
surrounding properties, the effect the proposal would have and the hardship
involved.
Mahlon Swedberg moved to deny the waiver as requested, noting no real hardship
existed, and noting the primary purpose for this waiver request appeared to be
for allowing more area on the lot to store additional vehicles. Art Flannagan
seconded the motion to deny, and in doing so, noted the apst history of the
automobile agencies when first proposed for Golden Valley, and noted that the
ordinances in effect reflect the City's desire to maintain an esthetic and
orderly appearance and operation of this type to business in the City. Upon
vote, motion to deny this proposal carried unanimously.
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80-5-20 (Map 18) industrial
7000 Wayzata Boulevard
Jim Lupient Olds Co.
The petition is for waiver of Section
7.051 of the Zoning Code, land area, for 25' off the
required 35' yard area along Louisiana Avenue
to a yard area of 10' and for 9' off the required
35' yard area along Market Street to a distance
of 26' of yard area along Market Street.
This petition is for the service station and its area along the west side of
Louisiana Avenue at Wayzata Boulevard.
This property is a contiguous parcel to the Lupient Olds auto agency. The service
station is operated as such and is open to the pu6lic. Its surrounding area is
used for storage of new automo6iles for the auto agency.
The waiver is for less green area along Market Street and along Louisiana Avenue
primarily so more automobiles can be parked on the site.
The Board reviewed this proposal , noting the similarity of the other side of Louis-
iana Avenue. During discussion it was apparent that the requirements of the Zoning
Code for parking of autos for display and storage have not been met, and th�t
observance of the required green areas has been totally disregarded.
Mr. Lupient acknowledged and apologized for the practices of this past year and
assured the Board his intent w�s to get things together and into compliance.
During discussion the Board determined that there is no rationale that would justify
the waiver and that the intent of the Zoning Code should be met.
Art Flannagan moved to deny the request, the motion was seconded by Mahlon Swedberg
and upon vote, motion carried unanimously.
Administrative Items
The Secretary and the Board proceeded to review a series of administrative items.
Those discussed are the following:
1 . House file lg, Chapter ��77, an act recetnly passed by the State
Legislature, requiring certain notices for hearings and appeals
within a required distance.
2. Memo dated May 1 , 1980 to Robert Skare from Lloyd Becker with
suggested changes to B.Z.A. Ordinance and By-laws pertaining
to compliance with new act and proposed fee changes.
3. Memo dated May 7, 1980 from Robert Skare to Lloyd Becker, regar�ing
proposed ordinance change as drafted.
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4. Ordinance 508 amending appointments to and alternates for the
Board of Zoning Appeals - dated and passed by the City Council
on May 5, 1980.
5• Format change on notices sent to required property owners,
6. Letter from Mayor Rosemary Thorsen regarding meeting with the
Board of Zoning Appeals, Planning Commission, City Council and
consultants for Valley Square report.
The Board reaffirmed its welcome to Donald Hughes as appointed aiternate to the
Board of Zoning Appeals.
There being no further business to come before the Board, it was upon motion,
second and vote to adjourn at 10:00 P.M.
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G n Christiansen, Ghairman Lloyd . Becker, Recording Secretary