10-14-80 BZA Minutes � �
�u .�.. ��
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
OCTOBER 14, 1980
The regular meetin of the Golden Valley Board of Zoning AppeaLs was heJd on Tuesday
October 14, 1930 at 7:30 P.M. at the Golden Valley Civic Center, 7800 Golden
Valley Road, Golden Valley, Minnesota.
The following Board members were present:
Glen Christiansen, Chairman
Mike Sell
Art Flannagan
Mahlon Swedberg
Larry Smith, Atternate
Members absent by prior arrangement:
G. Wm. Forster
The first order of business was consideration of the minutes of the regular
meeting held September 9, 1980, copies which has previously been distributed
to the Board. Upon further review of the minutes, it was moved by Mike Sell
to approve the minutes as written and presented. The motion was seconded by
Larry Smith and upon vote, carried.
80-10-55 (Map 3) Residential
Lot 1 Block 3 Dahinden's Addition
3354-3360 North Lilac Drive
Canadian Financial Housing Corporation
(City Scattered Site Land)
The petition is for waiver of Sections
3.02 of the Zoning Code, to allow a two-family
dwelling to be constructed in a residential
district, and
� , � � � � ,��� � � �
3.12 of the Zoning Cdde, accessory buildi;ng,. to I
allow a detached garage structure to be built
to the front of the dwellings.
(This item deferred from September, 1980 meeting.)
The petition was in order, John Ward of Canadian Finance and Mr. Donald Lier
architect for Windsor Faricy, were present and reviewed the proposed two-family
dwelling.
tt was noted that this is a subsidized housing facility, to be managed by
Canadian Finance. The property has a two-family dwelling adjacent to the
north fronts on Highway 100, and across the highway is City of Crystal ,
which has structures other than residential .
� �—� �a
.. . ?
R.oard of Zoning Appeals
Qctot�el' -]4, ��.$0 . Page 2
Mr. Richard A. Berg, 3350 North Lilac Drive, questioned the reason for placing
the detached garages to the front �f the dwelling. The architect noted the
traffic and the noise g�nerated by the highiwayiand the desirability to use
the garage as a buffer. After consi,derable discussion on the history of
this and other scattered site proposals, Mi'ke Sett moved to approve these
waivers as requested noting the desirability of the placement of the garages
for noise buffer and privacy. The motion was seconded by Art Flannagan
and upon vote carried.
80-10-56 (Map 11) Multiple
West 404 Ft. of the South 1/2 of Block 14
Yarnall ' s Outlofs
2100-2120 Dougtas Drive North
Canadian Financial Housing Corporation
(City Scattered Site Land)
The petition is for waiver of Sectsons
1 .03 of the Zoning Code, for more than one principal
structure on one parcet of land, and
4.03 parking spaces, and
4.04 for 15' off the required 50' front setback to
a front setback distance of 35' •
(This item deferred from September, 1980 meeting.)
The petition was in order, adjacent property owners has been contacted by the
proponent. A large number of the surrounding property owners were present.
The architect reviewed the proposed dwellings, a four unit, 3 bedroom structure
with one enctosed and one �xterior parking space for each unit, and a separate
two-family unit with one .enclos:ed :and ane exter�i,or pat-:king space f�or .each
unit. The architect has rendering of a typical structure as proposed.
Mrs. Gertrud Schroeder of 2155 Brunswick Ave. No. asked to speak to the Board
and presented a petition from approximately 13 concerned property owners which
stated the are not in favor of six units on the property. The petition read
that in the fall of 1978, a single four-family unit with garages and parking
space was considered acceptable to the neighborhood. The Board noted the
property_was more than adequate to meet the requirements for six units and as
zoned multiple, different building arrangments could provide for substanitally
more than was proposed and stilt meet code requirements.
A lengthy review was made by individual property owners of the proposed scattered
site development and specific concerns for adequate parking, play areas for chiPdren,
traffic, etc. , were discussed.
����
Board of Zoning A.ppeals
�ctober 1�+, 148Q Page 3
David Johnson, 21�+5 Brunswick Avenue South, said that originally �+ units were
proposed. Mr. Johnson stated he did not object to the specific variances,
per se, however, he was concerned that in the future further development to the
rear of the property could occur and was also concerned about adequate parking.
Mahlon Swedberg stated the Board's determination is specifically to the waiver
as requested. He noted the 35 foot setback is in keeping with other
residential requirements. The proposal for two separate structures still is
a total of six units and in keeping with the zor_ing code. It appears the site
could support the required parking with the exception that all of it would not
be enclosed.
Mike Sell noted the traffic on Douglas Drive and felt the covered parking spaces
are sufficient, bu.t there should be adequate parking spaces available so guests
would not find it necessary to park on Douglas Drive. There also should be
adequate area to provide for snow removal.
Larry Smith noted the previous concerns expressed for further possible development
of structures to the rear of the property. Smith stated this could be addressed
as a requirement in the minutes if the proponents were receptive to those
assurances. The proponents stated they were.
Considering the previous discussion and concerns, Mahlon Swedberg moved to approve
the waivers as requested, subject to the following:
l. Adequate parking be provided for each unit with one (1) enclosed
space and two (2) exterior spaces to be provided for each dwelling
unit.
2. That no further development be allowed to the rear open area of the
property.
Mike Sell seconded the motion, and upon vote, carried unanimously.
80-10-57 (Map l�+) Industrial
71�+0 Madison Avenue West
Rapid Copy, Inc.
By: Thomas Sicora, President
The petition is for waiver of Sections
7.051 of the Zoning Code, yard requirements, for �+0' off
the required 50' landscaped area along the north
lot line to a landscape area of 10' , and for 10'
off the required 10' of green area along the east
line, and
13.01 of the Zoning Code, parking, for four parking
spaces off the required 79 spaces to a total of
75 spaces on the site.
Mr. Thomas Sicora, President of Rapid Copy was present. Fred Sicor�, Architect
���
Hoard af Zoning Appeals
October 14, 1980 Page �
for Rapid Copy was also present. No surrounding property owners were in attendance.
Signatures of approval had been received from all affected properties.
Mr. Thomas Sicora reviewed his proposal and in doing so said his building was
the first constructed in the area. He said he has an acute need for additional
space and desires to maintain his facilities in Golden Valley.
In designing the proposed addition, Mr. Sicora, at "considerable expense", has
provided for additional parking below the proposed addition to more nearly meet
the code.
A significant problem is the topography at the rear which will require a retaining
wall and special landseape construction to provide for parking in this area.
Mr. Sicora noted that on his north lot line a portion of the adjacent property is
a remaining single family home which necessitates the substantial setback require-
ment. This has been discussed thoroughly with the resident, Mrs. Lucille Gregorson,
and she has signed the petition in approval.
Following further discussion of the landscaping and drainage at the street level,
Mike Sell moved to approve the waiver as requested, noting the proponent's extra
efforts to provide parking and the hardship of the topography for development and
soil retention along the north lot line.
Motion seconded by Larry Smith, and upon vote, carried.
80-10-58 (Map 20) Residential
1821 Independence Avenue North
Theodore Van Herzeele
The petition is for waiver of Sections
3.07(1) of the Zoning Code, front setbacks, for l7' off
the required 35' front setback to a distance of
18' from the front lot line to proposed new
dwelling, and
3.07(2) rear setback, for �' off the required 10' rear
yard to a distance of 6' from the rear lot line
to the proposed dwelling.
Mrs. Van Kerzeele was present. Consent has been obtained from all adjacent
properties.
The property has an existing old house in need of repair on the site. The praponents
propose to tear this structure down and construct a new home. Other variances for
front setback have been granted along Eari Street. The proposed house would face
Earl Street. The present structure on this corner lot faces Independence. The
adjacent house to the west is set at 17 feet from the front lot line on Earl Street.
As noted, this proposed new home is set at 18 feet.
�,�`�
� ���
Board of Zoning Appeals
October 1�+, 1980 Page 5
Mrs. Gail Johnson, 1.g17 Independence Avenue North, asked what the setback for
this home would be on the side that faces Independence. The reply was 35 feet as
the code requires.
Mike Sell moved to approve the variance as requested, noting the hardship of
the small lot, and the setback requirements of a corner lot.
Larry Smith noted the improvement the new structure would add, and seconded the
motion. Upon vote, carried to approve.
80-10-5g (Map 3) Residential
3310 Kyle Avenue North
Richard Haan
The petition is for waiver of Section
3.07 (3) of the Zoning Code, for 11.25 feet off the required
11.25 feet sideyard setback to allow reconstruction
of an existing below ground garage and permit a room
to be built above the garage.
Mr. Haan was present and explained that his existing basement level garage was
constructed to the property line. At the present time the back walls are
deteriorating and his proposal is to tear down the existing garage portion and
rebuild it foux feet away from the lot line and constr�uct a room above. This
property received a waiver in 1953 to build to the lot line, however, no upper
level above the garage was included at that time. It appears that originally when
the home and garage were constructed it was built 'two (2) feet over the lot line
onto the adjacent property to the south. The owner of that property subsequently
sold two (2) feet to the owner of 3310 Kyle and the waiver granted in 1953 was
to allow the garage to exist to the lot line. Mr. and Mrs. Norman Johnson, the
present owners of 3300 Kyle Avenue were present and expressed their concerns about
an existing retaining wall, location of some existing bushes which they stated
were on their property, and also the view of the structure above the basement
garage level. Art Flannagan noted that in rebuilding the proposed garage will
now be four (�+) feet back from the lot line and that the proposed room above
should inprove the overall appearance of the total structure. Mr. Johnson questioned
this and noted the importance of adherance to zoning setbacks. It was noted
by Staff that as built surveys done to many existing homes reflect errors in placement
of' structures. Mr. Johnson's home also had recei:�ed a setback waiver when constructed
to a distance of 25 feet--l0-feet off the 35 foot requirement--however, his survey
shows a setback to the existing structure of 21.6 feet from the lot line on Kyle
Avenue.
Considering the topography and the limited possibility for any other alternative and
also the improvement the reconstruction would make, and that it would now be
fuxther from the lot line, Art Flannagan moved to approve a waiver to construct
within four (�+) feet of the south lot line. Seconded by Larry Smith, and upon vote,
carried.
��/�L
Board of Zoning Appeals
October 1�+, 198� Page 6
80-10-60 (Map 7) Residential
12�+5 Angelo Drive
Merlin B. Hovden
The petition is for waiver of Sections
3.02 of the Zoning Code, to allow a two-family dwelling
(existing) in a residential area, and
3.0�+1 lot area, for square feet off the required
18,750 square feet to a total fo 17,680 square feet
of the existing site.
Mr. Hovden was present. Also present were over sixteen (16) surrounding property
owners and also other interested persons.
Mr. Hovden explai:ned that the present structure had been built in the early 1950's,
had initially been occupied by his family as a basement home, and subsequently
the upper level was constructed. He noted there was sepatare electrical services
and that the intent and occupancy by his family and his parents was as a two family
dwelling. He has sold the home subject to approval for use as a two family
dwelling. Mr. Hovden has originally received consent from five abutting property
owners on his petition; however, it appears that when notices were mailed to all
surrounding properties within 500 feet, further concern developed and others
reconsidered their approval.
Following the discussion with Mr. Hovden, Art Flannagan noted that as it was used
at the present time, a two family status appeared reasonable and moved to approve
the request. Larry Sinith seconded the motion and it was opened for discussion.
Mr. Gary Levinson, a property owner at 12�+0 Angelo Drive addressed the Board, said
he was spokesman representing 16 concerned families in the area. Mr. Levinson
noted the desirable neighborhood--all of which are single family homes, their
concers for a two family dwelling, the possibility of absentee owners, etc.
Mr. Levinson noted his association with a multifamily housing association and his
familiarity of multiple occupancies. He said he understood';the proposed new
owner may have a similar assocation in real estate and questioned the possibility
of a nonowner--occupied two family dwelling. Mr. Hovden stated the building was
intended to be owner occupied.
Mr. Herbert Bedwell, 1335 �gelo Drive, objected to the proposal.
P�Ir. James M. Lyon, 50�+5 Alfred Road, explained he originally signed in consent on
the petition based�.��n Mr. Hovden's statements to him; however, he now object: to
the proposal and asked his approval be withdrawn.
Mr. Robert Plaster, noting he was a resident for 22 yeaxs, said there may be other
houses in the community presently occupied as Mr. Hovden's is.
Mr. Erwin Schaeffer, 121+0 Angelo Drive, asked for all the interested parties in
the audience to stand. They did so.
Diane Bedwood (no address given) said they were new neighbors and understood when
purchasing their home that the neighborhood was and would be al1 single family.
�;'�L�ie�
Board of Zoning Appeals
October 1�+, 1g80 Page 7
Mike Sell noted this is not a rezoning but a request for a waiver of certain
requirements that address two family structures in a residential zoning.
The Board reviewed the lot size and square footage with Mr. Hovden. Mr. Hovden
stated that if he counted the area of the boulevard (City property) he would
have more than 18,750 square feet. It was noted this could not be done. Mr.
Hovden explained he owned additional property until several years ago and when it
was subdivided and sold he unknowingly reduced his lot size to below the minimum
for two family.
Glen Christiansen said as he reviewed the area he saw all the homes established
as single family and noted the exception this proposal would make within that area.
Mahlon Swedberg stated that some previous two family approvals in other areas
had certain redeeming values such as buffers from a higher zoning use, were in high
traffic and noise areas where a two family home was an alternative, etc.
Art Flannagan noted his previous motion f�r appro�ral, at whick time he was u.naware
that the property had previously been subdivided and originally could have had
the required square footage.
Following all this discussion, the chairman called for a vote on the existing
motion to approve, and upon vote, it was opposed unanimously.
Mahlon Swedberg moved to deny the waiver as requested, seconded by Mike Sell, and
upon vote, carried unimously. Mr. Hovde was made aware of the appeal process
available if intended.
At this time Chairman Christiansen declared a 5 minute recess.
Following the recess, Chairman Christiansen called the meeting to order. The
Chairman noted that the last item on the lenghty agenda was a residential request
and rather than have the proponent wait through the United Property request, if
there were no objections, he would reverse the order of the agenda and hear the
request of Erika Sober, 292�+ Noble Avenue. There being no objections, this petition
was next.
80-10-61 (Map 4) Residential
292�+ Noble Avenue North
Erika A. Sober
The petition is for waiver of Section
3.07(3) of the Zoning Code, sideyard setback, for 6.8'
off the required 12.7' sideyard setback to a
distance of 6.9' from the north lot line to the
proposed garage addition.
The petiton was in order and consent had been obtained from seven adja�ent
properties. Erika Sober's dau.ghter explained the proposal as Mrs. Sober could
not attend. It was explained that the present single car garage was inadequate
and it was not practical to park on Noble Avenue with the traffic. The proponent
has several automobiles and no storage space for other household items, such as
lawn mowers, etc.
� �_�
Board of Zoning Appeals
October 1�+, 1g80 Page 8
Following a thorough review and any alternatives that might be possible or
reasonab?>e, Mahlon Swedberg stated that this is a classic example of a structure
built in the 1950's and 196o's and is similar to others the Board has heard,
and in addition to adding enclosed parking, is an upgrading of the property to
today's standards.
Mahlon Swedberg moved to approve the waiver as requested, seconded by Larry Smith,
and upon vote, carried.
80-10-61 (Map 16) Business & Professional Office
7575 Golden Valley Road
United Properties
The petition is for waiver of Section
�3.01 of the Zoning Code, for waiver of 32 parking stalls on
the west parking lot to provide for a drive-thru bank
facility on the site.
Mr. Boyd Stofer of United Properties was present and made the presentation. Also
in attendance were representatives of the proposed bank facility. Mr. Harold
Lutz, 75�+7 Country Club Drive, adjacent property owner, and Mr. Dennis Jackson,
a member of the Valley Square Commission were also present.
Mr. Stofer reviewed the background of the present office building nearing
completion to date. He explained the consideration for a bank facility on the
site and the analysis and studies by professional consultants for potential
traffic generated by the drive thru facility.
Mr. Stofer noted the cross parking agreement with Calvary Lutheran Church and
the effect the stacking of automobiles in the drive thru service area would have
in the absence of 32 parking spaces on the west side.
Chairman Christiansen expressed his concerns for the traffic this would generate
at this intersection, and noted the planning and expenditures the City had done
to develop a suitable means of traffic through the Valley Square area. He noted
the concerns of the City Engineer.
Mr. Stofer and the Board reviewed the proposed parking changes in the draft of
the new Business & Professional Office ordinance. This proposed B & P.O. ordinance
does not provide for drive thru facilities, however. This is the reason
the proponent is seeking approval as a P.U.D.
Larry Smith stated it appeared to him this waiver request was the cart before the
horse approach as in actually no P.U.D, existed because it has not been addressed
by the City Council. Smith noted that loss of the 32 parking spaces may not be
that significant as they relate to the drive through facility, but would vote
for denial on the merits of this proposal, as it will and should be addressed
by the City Council anyway.
The P.U.D. ordinance and the requirement for parking to be waived separately by
the B.Z.A. was discussed. It was noted that staff is presently working on changes
to the Zoning Code including this requirement.
Harold Lutz expressed his concern for the potenetial traffic problems, and questioned
��� � �� �
�'' _„_`a
Board of Zoning Appeals
October 1�+, 1g80 Page 9
the adequacy of the remaning parking.
Dennis Jackson expressed his concerns and noted the efforts to date in development
within the Valley Square area. Jackons noted the previous denial of the proposed
P.U.D. by the City Plannin� Commission and he said he agreed and supported their
position.
Mahlon Swedberg moved to deny the waiver as requested. Motion was seconded by
Mike Sell, and upon vote, carried unanimously.
The Board reviewed several administrative items. A copy of the proposed Business
& Professional Office (B & P.O. ) ordinance had been mailed previously to the members
for their review and comments.
Mike Sell noted the previous bank proposal and said he felt financial institutions,
and banks, per se, should be a part of the commercial section of the Zoning Code.
There ;�ere no further comments.
The sectetary stated that the next re�;ular, meeting w�:s on'November l]., a day observed
as Veteran's Day and a municipal Holiday.
The Board approved the change of tl�e regular meeting to Wednesc�ay, :November 12, 1980.
There being no further business to come before the Board, it was upon motion, second,
and vote that the meeting was adjourned at 10:55 p•m•
�
- � � � �,�� ����� � �
len Christiansen, Chairman Lloyd Becker, Recording Secretary