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09-09-80 BZA Minutes � �� �;.� �' MINUTFS OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS September 9, 1980 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, September 9, 1980 at 8:00 P.M. at the Golden Valley Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was delayed from the regular starting time of 7:30 P.M, to comply with State Election laws as the City Hall, was also a polling place. The meeting was held in the Gold Room rather that the Council Chambers, which were being utilized fo the election judges and voting machines. The Gold Room was adequate for all in attendance. The following Board Members were present: Glen Christiansen, Chairman Mike Sell Mahlon Swedberq Larry Smith, Alternate Members absent by prior arrangement: Art Flannagan G. Wm. Forster The £irst order of business was consideration of the minutes of the regular meeting held on August 12, 1980, copies of which has previou:��y been distribated�to the Board. Upon review of the minutes, Mike Sell moved to approve the minutes as written and presented. The motion was seconded by Mahlon Swedberg and, upon vote, carried. 80-9-50 (Map 15) Residential 1745 Louisiana Avenue North John and Linda Hebert The petition is for waiver of Section 3.07 of the Zoning Code, for 3.9' off the required 35` front setback at the closest Aoint of the proposed addition, and for .3' off the required 15' sideyard setback to a distance of 14.7' from the north lot line to the proposed addition at its closest point. Present for the meeting were Mr. and Mrs. Hebert. Signatures had been obtained from the adjacent neighbors. The Secretary had received a letter from the adjacent neighbor to the north, objecting to a 3' variance, however, the Secretary explained that the variance requested only a .3' waiver (three tenths of a foot off the required 15' sideyard setback) . The Secretary also noted the front setback accord- ing to the survey requires only 1.9' off the required 35` to a distance of 33.1' to the corner of the addition at its closest point. Mr. Hebert explained his proposal and referred to his letter attached to his pet- ition wherein he notes he would Zike to build within 14.56' of the north lot line rather than 14.76' as shown on the survey. This would provide for 6°' walls and additional energy conservation provided for by insula�ion. ����_ Board of Zonig Appeals September 9, 1980 Page 2 Mahlon Swedberg noted that the waivers requested were not substantial variances, that the configuration of the lot and the curvature of the street provided for a minimum effect on any adjacent pro,perties . The Board reviewed pictures of the existing home and had visited the site. Follow- ing further discussion of the sideyard setback, A7ahlon Swedberg moved to approve a waiver of 1.9' off the required frontyard setback to the additian at its closest point, and a waiver of .5' off the reauired sideyard setback to a distance of 14.5' from the north lot line to the proposed addition at its closest point. The motion was seconded by Mike Sell and, u�on vote, carried. 80-9-51 (Map 3) Residential Lot 1 Block 3 Dahinden's Addition 3354-3360 North Lilac Drive Canadian Financial Housing Corp. (City Scattered Site Land) The petition is for waiver of Sections 3.02 of the Zoning Code, to allow a two-family dwelling in a Residential district, and 3.12 of the Zoning Code, accessory buildinq, to allow a detached garage structure to be built to the front of the dwellings. 80-9-52 (Map 11) Multiple West 404 ft. of the South 1/2 of Block 14 2100-2120 Douglas Drive North Canadian Financial Housing Corp. City Scattered Site`F,arid The petition is for waiver of Sections 1.03 of the Zoning Code, for more than one principal structure on one parcel of land, and 4.03 parking spaces, and 4.04 for 15' off the required 50' front setback to a front setback of 35' . Mr. John Ward of Canadian Financial was present for the meeting. There were no others in the audience to be heard on this proposal. The Chairman reviewed the petitions and noted that no signatures had been obtained from the adjacent �roperty owners and questioned Mr. Ward on this point. Mr Ward stated he counld not answer that question, as he had been asked to attend the meeting on short notice and others had the responsibility for the petition. It was noted that while notices had been sent to all affected properties within 500' of the subject property, it was still the policy of the City to require the proponents to contact the adjacent property owners and clarify their proposals and obt�in the required signatures. Noting the absence of signatures, Mike Sell moved to defer the request for Item ' 80-9-51 (3354-3360 North Lilac Drive) to the next reqular meeting of the Board of �`:�e`� �_\ Board of Zoning Appeals September 9� 1980 Page 3 Zoning Appeals. The motion was seconded by Larry Smith, who noted the significance of notifying the property owners and obtaining signatures. Upon vote, the motion to defer carried. Item 80-9-52 2100-2120 Douglas Drive Mahlon Swedberg moved to defer Item 80-9-52 (2100-2120 Douglas Drive) to the next regular meeting due to the lack of the reguired signatures of adjacent property owners on the petition. The motion was seconded by Larry Smith and, upon vote, carried. 80-9-53 (Map 11) Business and Professional Office 6100 Golden Valley Road Carl Walker & Associates The petiotn is for waiver of Section 13.01 of the Zoning Code, parking, for 18 spaces off the required 82 spaces to a total of 64 spaces on the site. Present for the meeting was Mr. P.S. Vedi of Carl Walker and Associates. Signa- tures had been obtained from all adjacent property owners, No adjacent property owners were present to be heard on this proposal. Mr. Vedi made a detailed review of their proposal, noting that if the proposed revised Business & Professional Office Ordinace is adopted by the Council, they woald be in conformance. A 2,800 square foot addition is proposed, which would bring the total square footage of the office building to 12,300 square feet, which would require 82 spaces. The proponent can provide 64 spaces. Mr. Vedi noted that if a revised ordinance was in effect, he would be required to provide only 49 spaces for a single tenant building and, under multi-tenant, 61 sAaces. The surounding landscape was reviewed. The present building has an exterior that matches Hidden Village Townhomes, and the proposed addition would match the existinq. During discussion of the parking area, it was apparent that a waiver of 14 spaces would be feasible. Larry Smith moved to grant a variance of 14 spaees off the required 82 spaces according to the present ordinance. The motion was seconded by Mike Sell. During discussion on the motion it was noted that there now exist two d"riveways into the parking area and when the additian is built, it appeared there was no real need for the second driveway to four parking spaces. During this discussion, the Board determined it would be desireable if this driveway (westerly driveway) could be closed and by granting a waiver of four additional parking spaces, a substan- tial green area could be added at the front of the building. Mr. Vedi replied that they would be more than happy to provide this area. He also noted that his company is a national concern whose business is design of parking areas and ramps and buildings, and that parking and traffic is their speciality. ,_.z�,�--. � � Board of Zoning Appeals September 9, 1980 Page 4 Larry Smith withdrew his original motion, and then moved to grant a variance of 18 spaces off the required 82 parking spaces, to provide for additional green area. The motion was seconded by Mike Sell and, upon vote, carried unanimously. 80-9-54 (Map 16) Institutional 7520 Golden Valley Road Calvary Community Services, Inc. The �etition is for waiver of Section 4.04 of the Zoning Code, for 40 spaces off the required outside parking spaces and waiver of the inside spaces. The petition was in order. Present for the meeting representing Calvary Community Servics and the Calvary Church were Messrs, Clyde McCarthy, Mr. Jay Johnson, Mr. David Thatcher, and Mr� Dayton 5oby, President of Calvary Lutheran Church. A�proximately 30 persons were also in attendance for this item. Prior to any discussion, Chairman Christiansen addressed to proponents and the audience. Nir. Christiansen reviewed the previous rec�uest a month ago, noting it had been denied by the Board. He reviewed the minutes which reflected the Board's concerns for the parking as proposed, and he noted explicitly the lack of positive answers to the Board's guestions regarding total overall parking available, the potential and plans for parking on the church's property to the north, the effect the proposed chapel addition would have on the church, and the details of existing cross-parking agreements. Christiansen noted that the responses were such that no determination could be made for any alternatives, or adjustments or compromise. Mr. David Thatcher interjected that at that presentation he described what the pro- posal was but was not authorized to speck to any alernatives, etc. or did not have the information at that time to respond to the Board's questions. Mr. Christiansen noted that had the same proposal been ;presented to the Board again, in all probability, the Board would again deny such a request. bir. McCarthy, representing Calvary Community Services and Mr. Soby both assured the Board they were prepared at this time to answer all their questions and were authorized to amend or adjust the proposal to comply with whatever requirements the Board deemed fair and prudent. Mr. Christiansen noted the previous public meeting held the n.ight before by the City Council and said that while approval had been given, subject to certain conditions, that the parking question was the Board of Zonina Appeals' decision and would be addressed solely on these merits, irrespective of any previous actions. At this time, the Chairznan asked the representatives to make their presentation. Mr. Clyde McCarthy reviewed for the Board the previous evening's public hearing. In addition, he thoroughly reviewed the ty�e of structure, occupancies, H.U.D. requiremtns, and the parking spaces provided for Phase 1. Mr. McCarthy presented a data sheet representing many comparable types of facilities and their ratio of parking. The proposed cross-parking agreement for the additional spaces was explained. �;�� Board of Zoning Appeals �' � �} September 9, 1980 Page 5 Mr. Dayton Soby, President of Calvary Lutheran Church, made a detailed overview of all the parking available throughout the total site, and explained the cross- parking agreement that now exists between United Properties office building and the church. Mr. Soby had rendering o£ the entire area which showed, to scale, all the parking as it now exists on the Calvary site, the office building, the area proposed for construction and the property north of the church and the' proposed building. Mr. Soby noted they are committed to adequate parking and would execute cross-parking agreements aed necessa� documents to ensure adeguate parking. Mr. Soby described the relationship of parking to bui�ding, using the tentative plan to provide additional chapel space as an example. He stated that the church needs additional chapel space, but that if adequate parking area could not be provided, the addition would be redundant, as the space couldn't be util- ized. He said that the same would apply to the propsed apartment building. The Board reviewed the use of Rhode Island Avenue when completed, and the church driveway at the north end of the property. Mr. Soby stated this could be used by Calvary Community Services also as access to the building. Mike Sell addressed both the proponents and those of the audience and described his actions at the previous meeting, wherein it was he who had made the motion for denial. Sell stated that he did so for lack of sufficient information and committments toward adequate parking. Sell stated that this is a significant proposal for the Valley Square area, that it is a logical location for housing for senior citizens and it was an asset to the community to have facilities for those citizens from the area to remain in their community. Sell reviewed th charge to the Board of Zonin_q Appeals. the dedication and tenure of its members, their efforts to always be fair and equitable even in proposals not approved, and emphasized their concern for precedent. Mahlon Swedberg and Larry Smith both expressed simular comments. Mike Sell noted it was a significant factor with the additional information provided by both the Calvary Church and Community 5ervices at this meeting. Chairman Chirstiansen reviewed all that had been presented, the additonal parking now proposed, and the opportunity for cross-parking arrangements to insure it is functional. The Chariamn then asked if there was anyone in the audience with additional comments. There were none. Mahlon Swedberg moved to approve the proposal as requested, with the provision that adequate written documentation be provided to cover the cross-parking arrange- ments, the use of the driveway at the north end of the property, and future parking, if required, on those church properties to the north of this proposal, said docu- mentation to be presented to the City Attorney for review and subsequently filed as part of the approval. The motion was seconded by Mike Sell. There being no further discussion on the motion, the Chair called to vote and it was.�.unanimous for approval. The audience responded with -:;�pplause. There being no further business to come before the Board, it was upon motion, second and vote that the meeting was adjourned at 10:00 P.M. � � � i � Glen Christia en, Chairman Llyod Bec er, Recording Secretary