07-08-80 BZA Minutes � � `_-,
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MINUTES OF A REGULAR MEfTING OF THE
GOtDEN UALLEY BOARD"OF ZONING APPEALS
July 8, 1980
The regular meeting of the Galden ltalley Board of Zoning Appeals was held Tuesday,
July 8, 198Q at 7:30 P.M. at the Colden 1�alley Civic Center, 7$OQ �calden V�11ey Road,
Golden Valley, Minnesota. The follawing �oard mem6ers w�ere present:
Glen Chr�stiansen, Chairman
Art Flannagan
G. Williar� Forster
Mahlon Swedberg
Members absent 6y pr'ior arrangement: Mike �e11 (No alternate� av�ila6le,�
The first order of business was consideration of teh r�inutes of the regular �neeting
held June 9, 1980, copies of which had previously been distributed to the �oard.
It was moved by Art Ftannagan, seconded by Wm. Forster, to apprave the minutes as
written and presented. Upon vote, motion carried.
$0-7-33 (Map 5) Residential
Lot 7 Block 4 Mary Hi11s Drive and Golden Va11ey Road
Courage Center
The petition is for waiver of Section
3.07(.2) of the Zoning Code, rear �et6ack, for 15.2'
off the required 30.2' to a di�tance o� 15'
from the east lot line to the proposed
dwelling.
The petition was in order. No adjacent property owners were present.
Mr. Lloyd 6ergman, member of the Board and attorney for Courage Center, was present.
Mr. James Forsberg, architect, was also present and �ade the presentation far the
proposed dwelling.
It was noted t-hat the proposed dwell 'ing i� two level� �vith an attached garage,
which fronts on Mary HilTs Drive. The upper level is approximately 2,2�0 square feet,
which includes the garage, and the lower level, wh'ich is 1 ,600 square feet. There is
a requirement for a 35' setback on both Mary Hill� Drive and Golden Valley Road, which
along with the topography, severly limits how the lot can be built on. The architect
noted there is approximately a l7' slope from the north lot line to Golden Valley
Road, The house was designed to conform to tF�e 35' setback which curves alang Golden
Valley Road. The combination of terrain and setbacks creates the placement of the
structure on the lot, and the necessity for Courage Center to seek the waiver to
construct the dwelling acccarding to their requirements.
The Secretary noted this concept had been before the City Council over a year ago,
and had received approval . Several informational meetings had been held by Courage
Center with property owners in the area. Notices had been sent to all property
owners within a 500' radious of the site.
Mahlon Swedberg moved to approve the waiver as requested, noting the topography of
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Board of Zcan i ng A.ppe�1 s
July 8, 1980 Page 2
the }ot and the 35' setback requirement on both sides. Art Flannagan seconded the
motion and, upon vofie, motion carried to approve.
80-7-34 (Map 9) Residential
508 South Westwood Drive
9r. Paul G. Gannon
The petition is for waiver of Section
3.�7�2) of the Zoning Code, rear setback, for 19.4'
off the required 22.4' rear setback to
a distance of 3' from the rear lot line to
the proposed addition.
Dr. Gannon was present. Mr. Bruce Schmidt, architeet, presented the proposal .
This reguest is adjacent to a vacant lot at the rear of this property, which is
reached by an easement over Dr. Gannon's property. There is also a home located on
an adjacent lot to the rear of the vacant lot and is also reached by easement. The
two parties abutting this vacant lot are entering into a purchase agreement for the
vacant }ot to ensure their privacy, however, they do not want to divide this lot,
which would then provide Dr. Gannon with sufficient property so no waiver would be
required. Each party would like to retain this open lot with cross-purchase agree-
ments and alsa be assured that upon any road being installed through the area, that
this lot would be a buildable and saleable lot.
The Board noted the precedent it would be setting if allowing such a large waiver,
especially when further property was available. Several alternatives �rere di�cussed
during this lengthy review of this request.
MahTon Swedberg moved to deny the waiver as requested, the motion was seconded by
William Forster, and upon vote, carried to deny.
Dr. Gannon and Mr. Schmidt were informed of the appeal process available to them.
� $�-7-35 (Map 13) Multiple
`y' Block 1 Lots 1 & 2 Hamman Addition
P.U.D. #27 Gittleman Corporation
The petition is for waiver of Section
4.04C of the Zoninc� Code, parking �paees, for 20
spaces off the required total of 234 spaces
to a total of 214 indoor and outdoor spaces
on the site.
Gittleman Corporation requested in writing to be deferred to the August meeting. It
was moved by Art Flannagan, seconded by William Forster, to defer this item to the
August meeting. Upon vote, the motion carried.
80-7-36 (Map 1) Residential
}922 Glenwaod Parkway
Foster L. Whi�field
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Board of Zoning Appeals
JulY $� �980 Page 3
The petition is �for waiver of Section
3.07(1) of the ZQning Code, fQr 11 ' qf� the required
35' front set6ack to a distance of 24" from
the front lot line to the proposed deck at its
closest point.
This item had been deferred from the June meeting, as neither Mr. �(h�tfield nor
any representative appeared at the June meeting. Mr: Whitfield apo1og�zed tQ the
Board for his absence, stating he is a consultant and was called out ef toarn
unexpectedly.
Mr. Whitfield reviewed with ::the Board the existing problems of b�d soil and surface
water at this location, and that he desired to replace the front steps and platform
with redwood rather than concrete. He stated the proposed construction would be at
the same level as the previous platform, steps, and railing.
Present for the meeting were the following adjacent property owner�: Mr. Nathan
Fefercorn, 1938 Glenwood Av�nue; Mr. Lawrence Lanars of 1930 Glenwoad Avenue; and
Mina Frier of 1g26 Glenwood Avenue. All objected to Mr. Whitfield's proposed steps
and platforma and expressed their concern about the height and bu1k, and disagreed
with Mr. Whitfield's statement that the proposed construction wauTd not -6e any
more of an intrusion than what existed before.
After much deliberation and exchange, it was suggested that Mr. Whitfiield wnrk with
the City Building lnspector to coordinate the installation of the steps and platform.
Mr. Wh'itfield agreed, and emphasized the con�truction wvould not be higher than the
previous stoop and railing.
Art Flannagan moved to approve the request, provided that it be at the r�inimum
height possible, and that it be coordinated with the Building Pnspector. Mahlon
Swedberg seconded the motion, noting the curvature of the street and adjacent homes
and their setbacks, and also noting that Mr. Whitfield does not have an entry to the
rear of h�s house and thie front is tMe best access. The Chairman called the vote
and it was unanimous for approval .
80-7-37 (Map 4) Residential
2936 Kyle Avenue North
Lloyd and Kathryn Sandeen
The petition is for waiver of Section
3.�7(1) of the Zoning Code, front set6ack, for T4' off
the required 35' front set6ack to a distance
of 21 ' from the front lot line to the proposed
garage addition.
Mr. and Mrs. Sandeen were present. There were no surrounding property owners present,
however, a letter had been received from a James Foster of 2901 Kyte Avenue Nerth,
which noted several conditions at surrounding properties and which expres�ed his
objection to htis proposed addition if, when it was constructed, it detracted from
the neighborhood and his property value, should he decide to sell . The Board noted
receipt of the letter.
Following a thorough review with Mr. and Mrs. Sandeen of their proposal and any
alternatives, it was moved by William Forster to approve the waiver as requested.
The motion was seconded by Art Flannagan and upon vote, motion carried.
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July 8, 1980 Page 4
80-7-38 (Map 6) Residential
4901 Winsdale Street
Ralph E. Bacon
The petition is for-waiver of Section
3.07(2) of the Zoning Code, rear setback, for 7.07'
off the required 15' rear setback to a distance
of 8.93' fram the rear lot line to the proposed
deck and stairway to the rear entrance.
Mr. and Mrs. Bacon were present for the request.
Mr. and Mrs. Edv�ard Betwel , adjacent property owners at 1455 Spring Valley Road, were
also present.
Mr. and Mrs. Bacon expl�ined their propasal to replace the badly deteriorated rear
entry and steps on their home. Mrs. Bacon stated she desired more room when
stepping out of the rear door and explained their desire to have an area to sit
outdoors.
Mr. Betzel said he objected to having a deck intrude to within 8' of the rear lot line
and was concerned about any noise, etc. , this proposed deck may generate below his
upstairs bedroom windows.
The present home is on a long, narrow lot with the hot�e placed �Pacinc� Winsdale
and with the rear ofi the house constructed exactly afi the requ�red re�r setb�ck
line, so any construction other then normal 6ack stairs and platform would require
a waiver. After considerable discussion and with beth parties discussinq �lterna�-
tives, it was mutually agreed that a deck and steps constructed to not more than
5.5' out from the 6aek of the house was acceptable.
Noting the size and shape of the lot and the placement of the existing home, �rt
Flannagan mflved to approve a waiver of the rear set6ack to previde �or eonstruction
of a stairway and plafform area as proposed, but not to exceed 5•5' fram the rear
of the house.
The motion was seconded by Wm. Forster and, upon vate, carried.
80-7-39 (Map 8) Business � Professional Office
4$25 01son Memorial Highway
Benson Orth & Associates and Richard J. Holmbeck
The petition is for waiver of Sections
10.04 of the Zoning Code, height, for l story in
add i t i on to the one a U o�red, to a tota 1 of
two stories for the proposed off'ice building
and
13•O1 of the Zoning Code, Business � Professional
pa:rking, for 36 spaces off the required 133
spaces to a total of 97 spaces on the site.
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Board Qf Zoning Appe�ls
JuIY 8� �980 Page 5
Present for the meeting were Mr. Thomas 0'Donne}l , President of Benson Orth �.
Associates. Also present was Mr. John Torseth of Armstrong, Torseth, Skold and
Rydeen, adjacent property owners.
Mr. 0'Donnell stated that the proposed structure required extensive costs in piling,
as the soil conditions were very bad. To develop this land and provide for those
costs requires that sufficient building be constructed on those pilings to make
any praposal financially feasible. Mr. 0'Donnell noted that the Holmbeck Insurance
Agehcy, Inc. , were the primary proposed tenants, with requirements for parking for
twenty employees. Ne stated this would be a low-density type buitding.
The City Planner, Mike Miller, had prepared a mema to the Board of Zoning Appeals
in which he noted the proposed revisions in the Zoning Code which would provide
for up to 7 stories allowed in the Business & Professional Office zoning area,
and also, the decreased parking requirements #rom one space for each 15Q square
feet to one space required for each 250 square feet, which is the average for the
metro area cor�munities. Using those proposed figure�, this proposal would comply
with all requirements.
The Board also noted previous waivers for height and parking that were granted in
Business & Professional zoning areas.
Mr. Torseth noted the previous history of their proposals and construction c�n their
present property which timited them to one story. He also noted their 'rnterest in
this property, however, again assuming only one story would be allowed.
Mr. Torseth said they, did locate their building on an area of the property that
did not require the expense of piling.
Following further discussion, Art Flannagan moved to approve the waiver as reque�ted.
The motion was seconded by Williarn Forster and, upon vote, carried to approve.
80-7-40 (Map lg) Residential
2300 Xylon Avenue
Roger Hietala
The petition is for waiver of Section
3•�7�3) of the Zoning Code, sideyard sett�ack, for 7'
off the required 15' sideyard setback to
a distance of 8' from the north lot line to
the proposed garage addition.
Mr. and Mrs. Hietala were present. The petition noted consent from all adjacent
properties.
Mr. Hietala: explained their desire to convert the small attached garage area to
a family room and add the proposed attached two car garage to within tfie distance
noted to the north lot line.
Mahlon Swedberg expressed his concern for the necessity of the proposed width of
the garage, and the Board reviewed any possible alternatives.
Art Flannagan moved to approve the waiver of side setback as requested. Will'[am
Forster seconded the motion. Upon vote, motion carried 3 ayres, one nay (Swedberg) .
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July 8, 1980 Page 6
Mahlon Swedberg asked that the minutes reftect his concern and reason for nay vote
was his o6jection to the proposed width of the garage. It was his thought that it
could be constructed 2' narrower.
80-7-41 (Map ll) Residential
6000 Wolfberry Lane
Dr. J.J. Schaeppi
The petition is for waiver of Section
3.07(3) of the Zoning Code, sideyard setback, for 7.7' off
the required 15' setback to a side setback of 7.3'
from the west lot line to the proposed garage addition.
Dr. Schaeppi was present and explained that his present attached garage was very
sF�allow and difficult to park a full-sized automobile. On the west side of his
existing garage was a concrete slab that originally served as a foundation for
a storage shed. Dr. Schaeppi would like to extend the west wa1T of the garage out
to the distance requested utilizing a portion of this foundation.
The Board reviewed the entire property and noted there were no other alternatives
that could provide further garage space.
William Forster moved to approve the waiver as requested. The �notion was seconded
by Art Flannagan and upon vote, carried.
The Board diseussed several administrative items with the Secretary and upon motion,
duly second, and vote, adjourned at 10:30 P.M.
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en Chri ansen, Chairman Wloyd ec er, Recording Secretary