06-09-80 BZA Minutes a a
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C1tNUTES OF A REGULAR MEETING OF THE
GOLDEfJ VALLEY BOARD OF ZONING APPEALS
June 9, 1980
The regular meeting of the Golden Valley Board of Zoning Appeals was held Monday,
June 9, 19�;0 at 7:30 P.M. at the Golden Valley Civie Center, 7800 Go}den Valley
Road, Golden Valley, Minnesota. The following Board members were present:
Glen Christensen, Chairman
Larry Smith, Alternate
Art Flannagan
Mahlon Swedb�r.g.;
Wm. Forster
(Forster arrived at 8: 15 P.M. , as Planning Commission met same night and required
Forster presence.) Mike Sell absent by prior arrangement.
The fist order of business was consideration of the minutes of the reguiar meeting
held May 13, 1980, copies of which had previously been distributed to the Board.
Mahlon Sweberg moved to approve the minutes as written and presente�l. The motion
was seconded 6y Art Flannagan and, upon vote, motion carried.
80-6-21 (Map l) Residential
1$30 Glenwood Parkway
Wayne DeTuncq
The petition is for waiver of the Section
3.07 of the Zoning Code, for 13' off the required
15' side setback, to a distance of 2' from the
south lot line to the proposed garage addition.
(Deferred from the May meeting at proponent's request.)
Mr. DeTuncq was present. She Secretary noted that Mr. DeTuncq had not submitted
his new app1ication and filing fee as previously noted. Mr'. Detuncq suggested he pay
the fee now and present the petition }ater in the week. It was noted that a11 �urround-
ing properties had been mai }ed a notice of this meeting.
The Board determined that while a] l neighbors had been notified and the new State require-
ments had been met, the proponent had not mefi the required deadline for propanents present
who had followed the requirements, the Board would not hear this proposal and directed
Mr. DeTuncq to submit his application in conformance with a}T requirements for the July
meeting.
30-6-22 (Map 4) Residential
4500 Elmdale Road
E.J. and Katherine Hilger
The petition is for waiver of Section
3.07(1) of the Zoning Code, for 4.2' o�Ff the required 35'
setback to a dist�nce of 3a.8' from th.e lot line
at Lee Avenue to the proposed addition- at its
closest point, and for 5' off the required 35"
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Board of Zqning Appeals
June 9, Ig80 P�ge 2
setback along Elrndale Road, to 30' from the lot
line at Elmdale Road to the proposed addition
at its closest point.
Mr. and Mrs. Hilger wece present. No adj.acent property owners were in attendance.
Signatures of approval had been received.
The proposed roam addition was reviewed. Mr. Hilger explained the additional deck
alongside the room addition. This decking would provide a walkway to the rear of
the house and the main deck area proposed there, It was determined that this deck
would have to be conditioned to any waiver if it was to 6e installed.
After cons-iderable discussion, Mahlon Swedberg moved to approve the proposa} as
presented on the agenda, noting this did not include the optional side deck walkway.
There was no second to the motion. After further clarification of this optional
deck, Swedberg withdrew his motion.
Larry Smith moved to amend the waiver request so the deck walkway could be included
to provide for 3.2' off the required 35' setback along Lee Avenue to a distance of
26.8' from the lot line to the addition and deck at its closest point, and for 5'
off the required 35' setback along Elmdale to a distance �f 30' from the lot line
to the proposed addition at its closest point. The motion was seconded by Flannagan.
During discussian it was noted the existing house, is closer than the required 35"
because of street alignment when developed, and also the unusual configuration of
the corner lot provides a large lot area, but difficulty for placement of the house
and additional construction.
The vote was called and it was unanimous for approval .
80-6-23 (Map 9) Residential
5001 Circle Downs
John J. Smuda
The petition is for waiver of Section
3.07(1) of the. Zoning Code, front setback, for 10" off
the required 35' setback to a distance of 25'
from the front lot line to the proposed entry
addition at its closest point.
Mr. Roger Riley of Condor Corporation was present to represent Mr. John Smuda.
Also present was Christina L. Brown of 5011 Circle Down.
Mr. Riley reviewed the proposed remodeled front entry, noting that the footinc�s
present and the brick flower box area are all now part of the existing house and that
all the proposed construction entailed was to build the front enclosure on the
existing #ootings and change the direction of the door from north to west.
Mrs. Brown expressed her concern for the construction, stating last summer � rQOm
addition to the rear was added to this home and she was upset all summer by the
construction. Chairman Christiansen asked Mr. Riley to thoroughly explain and
clarify the plans to t�1rs. Brown. This was done and Mrs. arown stated she had
no objection.
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Board of Zoning Appeals
June q, 19�0 Page 3
The Secretary noted that this proposed addition is in the Highway #12 Moratorium
and wi11 require PTanning Commission and Council approval if the waiver request
is granted. Mr. Riiey had been previousiy informed of this.
Mahlon Swedberg moved to approve the waiver as requested. The motion was seconded
by Art Flannagan and, upon vote, motion carried.
SD-6-24 (Map 4) Residential
4937 Culver Road
Joel and La Gretta Steqner
The petition is for waiver of Section
3• 12 (1) of the Zoning Code, for ll ' off the required
20' house to garage separation, to a distance
of 9' to a11ow a single car garage to be
constructed.
The petition was in order and Mr, and Mrs. Stegner were present. No others were
present to be heard on this item.
Mr. Stegner exp}ained there is no garage on the site at this time. He noted the
proposed garage is only a single car structure and that to build further to the
rear of the lot was a hardship because of topography, as the ground sloped cown
and the sail was questionable. The proposed garage would align wifh an: existing
neighbor's garage.
Noting the topography and adjacent structures, Mahlon Sweclberg moved to approve the
waiver as requested. The motion was seconded by Art Flannagan and, upon vote,
the motion carried.
�30-6-25 (Map 20) Residential
9145 Olympia Street
Denis and Mariel Grubar
The petition is for waiver of Section
3•�7(2) of the Zoning Code, rear yard setback, for 11 .5' off
the required 12.5' to allow a deck to be constructed
within the rear setback area to a distance of 1 ' from
the rear lot line. (Existing house is 12.5' from the
rear 1ot 1ine.)
Mr. Grubar was present for the request. Also present was P1r. Zackhar Seberov of
1529 Flag Avenue, and Mr. Benjamin Wasseman of 1601 Gettysburg Avenue North.
The Secretary reviewed this item with the Board. The deck is now almost campleted
and was done -without any permit. The existing hou�e is at the required distance
for rear yard setback, and any construction within the 12.5' rear yard would require
a waiver. Construction was ordered stopped by the Building Department until a deter-
mination is made through the Board of Zoning Appeals.
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Board of Zoning Appeals
June q, 1980 Page 4
Mr. Seberov of 152g Flag Avenue presented a letter to the Board which stated his
objections to the deck, noting it was only l ' from his lot line.
Mr. Wasseman of 1601 Gettysburg said he was present to _complain of the water run-
off from this property which has occurred since _construction in tg6g. He did
not object ot the deck as he was not directly affected.
After lengthy discussion and review of any alternative, Art Flannagan moved to
deny the waiver request, and Larry Smith seconded the motion, stating that ignorance
of the law was no excuse for constructing this deck, and that this open yard area
was provided for by ordinance and to allow one person to use all of it was unfair to
any neighbor. The purpose of the ordinances are to provide equitable distribution
of lot areas and uses thereon. Larry Smith noted if he was in the position of the
adjacent neighbor, he too would strenuously object `to the imposition of this deck.
The Chair called the vote and it was unanimous to deny the waiver. Mr. Grubar was
instructed that he is to remove the deck.
80-6-26 (P1ap 1) Residential
1922 :Glenwood Parkway
Foster L. Whitfield
The petition is for waiver of Section
3.07(1) of the Zoning Code, for 11 ' off the required 35'
front setback, to a distance of 24' from the front
lot line to the proposed deck' at its closest point.
Neither Mr. Whitfield, nor any representative, was present.
Several neighbors were present and expressed their objections:
Rena Freier of 1926 Glenwood Parkway, P1r. Lawrenee Lanars oP 1938 Glenwood Parkway,
and Mr. Nathan Fefercorn of Ig38 Glenwood Parkway were present.
Noting the absence of the proponent or any other representative, the Chairman
removed the proposal from the agenda and the Board deferred this item to the July
agenda; staff to contaet Mr. Whitfield to determine his intentions.
80-6-27 (Map 6) Residential
5000 St. Croix Avenue North
William P. Roman
�"he petition is for waiver of Section
3.�7�3) of the Zoning Code, for 2' off the required 15'
setback to a distance of 13' from the east lot
line to the propased addition.
Mr. and Mrs. Roman were present. Signatures of approval had been obtained from
all adjacent property owners.
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Board :of Zoning APPeals
June g, 1980 Page 5
The Bo:ard noted the configuration of tMe lot and the placement of the: �xisting
home. The house is nat paraTlel to the side lot lines and the peti:tion request
is to fihe closest point of encroachment.
Mr. Roman. described the present small kitchen and the purpose of the` addition is to
provide an eating area.
Mahlon Swedberg �noved to approve the waiver as requested, referring to the placement
of the existing house ar�d noting that the request did not present a significant
impact to the sideyard setback. The motian was seconded by Wm. Forster and upon
vote, carried.
�30-6-28 (Map 20) Res i'dent i a 1
1340 Mandan Avenue North
Wiliiam E. and 8arbara Rivard
The petition is for waiver of Section
3.07(1) of the Zoning Code, front setback, to canstruct
an above ground swimming pool in the required
35' setback area from Aquila Avenue, to within
5' of the lot line.
Mr. Rivard was present for the request and explai.ned that he had previously can-
structed a privaey fence around this area, and when questioning the City staff
regarding ;certain pool requirements it was determined_that the proposed pool wa�
in a required 35' yard area. The house is on a corner 1ot and faces Mandan Avenu�
andthe proposed pool is on the side toward Aquila Avenue.
There was considerable discussion on what constitutes a structure, The Secretary
explained the determination by the Building Department that the abave ground pool
was held to be a structure within the required yard area and should be addressed
by the Board fcir approval . Mr. Rivard explained tk�e pool could be set up and taken
down each season and possibiy this could be looked upon as a temporary, rather than
a permanent structure.
Mahlan Swed erg r�ove-d to approve the waiver as requested, noting Mr. Rivar�d's consent
to remove t e pQOI each season. The motic�n was seconded by Forster and, upon �ote,
carried.
80-6-2� (M p 19) Residential
8401 Medici e Lake Road
Thomas Hard
The pe 'ition is for' waiver of Section
3.02 of the Zoninc Code, to allow this existing home to
be utilized as a two-family dwelling : (eonforms to
required 150' }ot width and exceeds: the required
1&,'750 square feet) . Lot area is approximately
54,000 square feet. The property does not abut
a heavier use district.
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Board of Zoning Appeals
June 9, 1980 Page 6
Mr. Thomas Hardy, owner of the property, was present. A P1s. Parks, real estate
representative, was present and a group oi` adjacent property owners were also
in attendance.
Mr. Hardy revi.ewed his proposal to remodel the interior of this large home and
provide for two separate dwelling units of approximately 1 ,200 square feet and
1 ,400 square feet. He noted he had his present home for sale and his intent
at this time was to occupy one of the units. Mr. Hardy presented a professional
appraiser's report of the structure.
Mr. Tom Boyce of 2465 Xylon Avenue P�lorth expressed the neighbors ' concerns for the
use of the property and acted as spokesman for the others in attendance. Mr. Boyce
described a �revious propasal which involved a rezoning of the property to institu-
tional and was concerned whether this property could be further subdivided for other
structures of deveToped into multiple units if this waiver was: granted, It was clar-
ified that Board approval would not change the zoning from residential , that 150'
frontage is req�ired for approval and that there would be no access to the rear of
the iot for further subdivision of the parcel . It was noted that a garage could be
constructed at the rear of the house and a driveway could be installed along and to
the lot lines for access to the garage.
Mr. Hardy stated it was not his intent ot subdivide or develop any multiple usage.
The Chairman caTled all those present for this proposal together an:d had Mr. Hardy
answer all questions and fully discuss all their concerns. Following this, Mahlon
Swedberg maved to approve the waiver as requested and plans as presented, to allow
the structure to be utilized as a two-family dwelling. The motiorr was seconded by
Smith and, upon vote, motion carried.
80-6-30 (Map 19) Commercial
9315 Medicine Lake Road
McDonald' s Corporation
The petition is for waiver of Section
13.01 of the Zoning Code, parking stalls, to allow
construction of a drive-thru window on the
west side of the existing bu� ld'ing,
Mr. Glen Cook was present to represent McDonald's Corporation. Mr. Cook reviewed
the proposed drive-thru service window and the parking requirements for the s+ te.
The Secretary noted taht staff review showed that when construeted in 1974, the
building didn' t have a11 the parking spaces as required, however, an additional
adjacent parcel of land to the south was acquired from Richard Ernst and this
has a potential for about 8 to 10 spaces.
It was explained that the installation of the service windows has accelerated the
purchase of items and in many cases reduced the required parking spaces,
The Secretary noted that at this time the McDonald's on 4Jinnetka Avenue adja�ent
to the Golden Valley Post Office has a drive-thru window and also the Burger King
on Wayzata Boulevard at Hampshi�re Avenue.
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Board of Zoning Appeals
June 9, 1q30 page ]
Having thoroughly reviewed the initial requirements for parking at this site, and
considering the spaces lost along the drive-thru raute and noting the additional
area on the site for additio:nal parking that could be developed, Wm. Forster moved
to approve a waiver of 24 parking spaces off the required 87 spaces to a total of
63 spaces on the site. The 63 spaees include the area which has the potential
for approximately l0 spaces and shall be installed if parking phoblems develop.
The motion was seconded by Rrt Flannagan and upon vote, motion carried.
80-6-31 (Map 16) Commercial
7600 O1son Memorial Highway
Kentucky Fried Chicken Corporation
The petition is for waiver of Section
13.01 of the Zoning Code, for 43 spaces off the required
62 parking spaces to 19 spaces on the site, plus
common parking areas of the shopping center, and
for waiver of Section
5.�5 of the Zoning Code, for 10' off the required 35'
of green area along Rhode Island Avenue and for
3' off the required 35� setback to 32' from Rhode
Island lot line to the drive-up window.
Pdo representative was present for this proposal .
The Board reviewed a memo from �1ike Miller, City Planner, which described the
inadequate parking facilities related to this request, and the problems with
the dr:ive-thru arrangement as proposed for this site. It was the Planner's recom-
mendation that this proposa} be denied.
Mahlon Swedberg maved to strike this item from the agenda. The motion was seconded
by Larry Smith and upon vote, motion carried.
80-6-32 (Map 23) Residential
516 Utah Avenue South
Mahlon Swedberg
The petition is for waiver of Section
3.�7�3) of the Zoning Cade, for 5.5' off the required
11 .4' setback to a distance of 5.9' from the
south lot line to the proposed garage at its
closest point.
The patition was in order, and cansent had been obtained fro� adjacent properties.
Mahlon Swedberg stepped down from the Board to present his proposal .
The existing attached garage is a single car structure, located to the rear of the
house. The interior use is limited to an extent by the projection of closet area
construction from that portion of the house. Swedberg explained that the width is
held to the minimum possible for a two car garage, that it is located back from the
sfireet and does not abut the adjacent property`s garage.
The Board noted the configuration of the lot and the placement of the existing
house and garage at angle to the lot line. There appeared to be no other alternative
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Board of Zoning Appeals
June 9, 1980 Page £3
for additional garage space.
Larry Smith moved to approve the waiver as requested. The motion was seconded by
Art Flannagan and upon vote, motion to approve carried.
There being no further business to come before the Board, the meeting was adjourned
at 10:55 P.M.
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Glen Christia sen, Chairman Lloyd . Becker, Recording Secretary