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11-12-80 BZA Minutes � , ��/ , - MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS NOVEMBER 12, 1980 The regular meeting of the Golden Valley Board of Zoning Appeals was held Wednesday, November 12, 1g80 at 7:30 p.m. at the Golden Valley Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. 'lThe meeting was held on Wednesday, due to a holiday November 11, 1980. The following Board members were present: Glen Christiansen, Chairman Mike Sell Mahlon Swedberg T�lilliam Forster Absent due to a family emergency - Art Flannagan. Alternates not available due to previous commitments on Wednesday night. The first order of business was approval of the minutes of the regular meeting held Tuesday, October 1�+, 1980, copies of which had previously been distributed to the Board. Mahlon Swedberg moved to approve the minutes as written and presente.d. ' Tne motion was seconded by Mike Sell and upon vote, carried. 80-11-63 (Map 19) Residential 2500 Orkla Drive J. F. Nugent The petition is for waiver of Section 3.12 (1) of the Zoning Code for 10 feet off the required 20 feet hc�use to garage separation to a distance of 10 f'eet to the proposed room addition. The petition was in order and consent had been obtained from all surrounding properties. Mrs. Nugent was present and explained the request. This home is on a corner lot and is placed on an angle. Faced with the required 35' setback on two sides, the placer.nent of the proposed addition is the only area possible for expansion. The addition has been recommended for approval by the building inspector. The addition is for expansion of a sma,ll kitchen and to provide for a dining area. Mike Sell moved to approve the waiver subject to sheetrock attached to the interior walls of the garage £or that area required in the twenty foot separation. The motion was seconded by Mahlon Swedberg, upon vote, motion carried. l � n 1 Board of Zoning Appeals Page 2 November 12, 1.g8o 80-11-6�+ (Map 16) Residential 16�+0 Spring Valley Road Milton Harrison The Petition is for waiver of Sections 3.07 (1) of the Zoning Code, for front setback for 30 feet off the required 35 feet to a distance of 5 feet from the front lot line to the proposed detached garage and for 3.12 (1) to allow the proposed garage to be built forward of the house and less than the required 20 feet separation (13 feet requested as separation. ) Mr. Harrison was present, also Mr. Eugene Wolf, 1520 Spring Valley Road. Mr. Harrison's home is on a corner surrounded in effect on three sides, as Spring Valley Road meanders and junctions with St. Croix Circle. Included in the proposed construction plans is an underground pool and patio area on the west side of the existing home and then the garage placed on the north side (front) facing Spring Valley Road, and within 5 feet of the front lot line. Mr. Harrison explained in detail his reasons for expansion and his choice in location for the garage. Mr. Wolf spoke favorably of Mr. Harrison's intentions, however he did not approve of the construction of a garage in the area proposed. Mahlon Swedberg acknowledged that is is desirable to improve property but there must be some other alternative than placing the garage within 5 feet of the front lot line. Mahlon noted there is an existing garage and that the area where the pool is proposed certainly was a good alternative. Chairman Christiansen stated that in practice, the front setback requirements have been most carefully quarded. Swedberg described the proposed as the most extreme he had observed. Christiansen noted a letter received from an adjacent property owner objecting to the proposed. Mahlon Swedberg moved to deny the request. Second by Mike Sell. Following discussion on the motion, it was determined that the proponent felt it practical to have this deferred for further study of alternatives. Swedberg withdrew his motion, and Sell his second. r f-a C �, Board of Zoning A�peals Page 3 November 12, 1980 Mike Sell moved to defer this item for six months to allow Mr. Harrison to explore the possibility of other alternatives. Seconded by Forster and upon vote, carried. 80-11-65 (Map l9) Residential 2�+80 Bies Drive Dr. Bernard Borkon The Petiton is for waiver of Sections 3.07 (3) of the Zoning Code, for sideyard setback for 3.9 feet off the required 15 feet sideyard setback to a setback of 11.1 feet from the side lot line to t�e proposed room addition at its closest point. Dr. Borkon was present, approval had beer� obtained from all surrounding properties, no others were present. This home is on a corner lot an is set back �+0 feet from Bies Drive and 35 feet from 25th Avenue. The home is placed on an angle fronting on both streets at the intersection. The addition is totally to the rear and only a corner pro- jects into the side setback further than permitted, The proposal had been coor- � dinated with the building inspector. Following further review of any alternatives and noting there was no detrimental effect to adjacent properties, Mahlon Swedberg moved to approve the waiver as requested. William Forster seconded -che motion, noting the hardship of the corner lot and placement of the exist�ng house. Upon vote, motion carried. 80-11-66 (Map 18) Industrial 7100 Wayzata Blvd. James Lupient - Lupient Oldsmobile The Petition is for waiver of Sections 7.06 Paragraph E & F of the Zoning Code, to permit a seasonal air-suspended sales building. The petition was in order. l'resent for the meeting were Mr. Jim Lupient, Attorney Mr. Steve Schwartz and Mr. Robert Billmeyer, a representative of Air-Tech Industries, Inc. Mr. Lupient gave a lengthly and detailed review of his proposal. The air-suspended structure would be 235 feet long as it parallels Wayzata Blvd. and 118 feet deep front to back. ����� Board of Zoning Appeals Page 4 November 12, 198D The purpose is to provide an environment for display and sales of automobiles that are protected from the harsh winter conditions from December through April l5, each year. The builing is designed as a temporary structure and erected in one day and removed in one day and stored for the following season. Chariman Christiansen expressed his concern for the potential and use of other structures of this type, and noted that at the present time there is no ordinance providing for temporary structures. It was also noted that in the ordinance pro- vidin for licensing of autombile dealers, temporary structures are not allowed. Mr. Billing stated that his structure has the approval and endorsement of many architects and several types of his structures have received awards for their appearance. Mr. Billings has met with the Minnesota State Building Code Department and he said he had their approval. Mahlon Swedberg expressed his concern about the appearance as a temporary structure noting that the very intent of the zoning code to insure an orderly appearance and surroundings compatible with a principal structure and use. William Forster said a temporary structure is just that, and it is different from other situations defined or prohibited in the zoning code. Forster noted his familiarity with other structures of this type and felt this was�:,a reason- able request. Jim Lupient reemphasized the advantages of this structure to the automobile sales business in the winter and that the winter climate is a hardship that does not always apply to other types of businesses which are or can be conducted totally inside. Lupient reviewed the status of the currcnt auto indus�ry �.nd �kie inherent necessity to be competiti;re`a.nd pravide �he eriui�ann��t �.nd s��zr�c�s �-n -��;e ?�t�st manner possible to the customer. Mike Sell said his first impression was negative, however, it is a temporary structure, does not have a permanent effect, and could have many other uses and applications within the community that would be advantageous. The Board discussed a time limit each year and it was described as the intended use to be from December l, to April 15, year. Mr. Gene Wolf, of 1520 Spring Valley Road, was present and questioned whether there would be advertising on this structure. 'I'he reply was none and be stated he favored this proposal. Mahlon Swedberg said December thru part of April is almost five months and this is a considerable time period involved. Mike Sell moved to allow the building department of the City of Golden Valley to issue a permit for the erection and use of the proposed temporary structure for a period of five years and during the months of December 1, thru April 15, of each year and should the building be a consistent problem during that time regarding matters of appearance and public health and general welfare, that it be removed from use there- after. The motion was seconded by Forster. ��_� Board of Zoning Appeals Page 5 November 12, 1g8o Chairman Christiansen called for discussion on the motion. Mr. Billmeyer again addressed the Board on the structural and esthetic appearances of the proposal. Chairman Christiansen called the vote and it was two (2) ayes and two (2) nays. Motion did not carry. Glen Christiansen explained the appeal process to the City Council that is avail- able on a denial. 80-11-67 (Map 8) Institutional 4800 Glenwood Avenue (Former Golden Valley High School) Breck School The Petition is for waiver of those areas of the existing building which now infringe on the current setback and landscape areas and for waiver of Sections 13.01 Parking, for 6�+ spaces off the required 261 spaces, for a total of 197, and 11.03 Building height for 30 feet in addition to the �+0 feet allowed to provide for a proposed chapel to be constructed on the site and a hockey arena, and 13.02 B for waiver of the landscape area necessary to provide parking that serves the proposed new structures (site Plan as filed). Mr. John Cunningham of Cunningham Architects was present and made the pre- sentation. The concerns are for the existing school which in some areas projected a minimal amount into current setback requirements and for those accessory type structures such as bleachers and dugout on the athletic field. The secretary explained that the waivers as shown on the agenda have been reduced considerably as the City Council the preceding Monday, approved the vacation of Ottawa Avenue thru the school site. A11 required parking can be provided without waivers, and the waiver now required is for height of the proposed chapel and hockey arena. A sit plan showing the proposed and existing was posted and labled as Exhibit "A". The variances required were inposed on this. A resident of 336 Natchez Ave. So, expressed her concerns for the appearance of the proposed hockey rink when constructed. Mr. George Johnosn, President of the Board of Trustees of Breck School, des- cribed the proposed hockey facility and noted this may be five years bef'ore actually constructed due to finances.. The resident was assured of the appearance and it was resolved. �� �,c� Board of Zoni.ng Appeals Page 6 November 12, 1980 Mike Se11 moved to approve the varianees as described on Exhibit "A" for both the existing structures and the waivers required for height of the chapel and hockey facility. Second by William Forster, and upon vote carried unanimous1y Exhibit "A" was signed as the official document of record by the Chairman of the Board of Zoning Appeals, and Mr. George Johnson. 80-11-68 (Ma ) Industrial 60 Wayzata Blvd. Burger King Corp. The Petition is for waiver of Section 13.01 (Class 11 Restaurant Parking) for waiver of 14 additional parking stall requirements to add a 12 x 42 storage addition. Mr. Dennis Tristler, representing Burger King Corp. , was present and explained the proposal . Conssnt had been received from adjacent properties. The proposed addition to the north side is for storage of supplies only and does not increase any seating capacify nor does it remove any existing parking spaces. The square footage of the addition generates the requ'r����t�t�-�E�r` fi4 additional spaces. The existing drive-thru window comprises approximately 45� of the business and the supply area proposed would assist in speeding up that ratio and also service within the restaurant. The secretary noted staff has received no complaints on traffic or lack of parking at the site. William Forster noted he passed the site many times, including peak hours and has never noted a problem. William Forster moved to approve the waiver as requested subject to the condition that this area never be utilized in the future for additional restaurant seating. Second by Mike Sell and upon vote carried. There being no further business to come before the Board, it was upon motion, second and vote to adjourn at 9:55 P•�• t�� "' /� � U � � � .,-. �a G1en Christiansen, Chairman L oyd Becker, Recording Secretary