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04-14-81 BZA Minutes �� ��" _ �;' MINUTES OF A REGULAR MEETIN�G OF THE GOLDEPJ VALLEY BOARD OF ZO��f1NG APPEALS APRIL 14, 1901 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, April 14, Tg31 , at 7:30 P.M. at the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Bo�rd members were present: Glen Christiansen Mike Sell Mahlon Swedberg Art Flannagan Larry Smith (alternate) Also present Lloyd Becker, Secretary and Staff Liaison. Absent by prior arrangement, L�Jilliam Forster. The first order of business was approval of the minutes of a regular meeting held Tuesday, March 10, 193Y, copies of which had previously been distri6uted to the Boa rd. It was moved by Mahlon Swedberg to approve the minutes of the meeting of March 10, 1;81 , as written and presenfied. Second by Mike Sell , and upon vote carried. 81-4-2 (Map 1) Residential 2534 Zen i th �venue fJorth Barry K. �Joack The Petition is for waiver of Section 3.07 (3) c for 4.6' off the required 12.��' side setback to a setback of 7,8' from the south lot line to the proposed addition. The petition was in order, consent had been o5tained on the petition from all adjacent properties. Mr. Noack was present with his contractor and they explained their proposal . This. is a three-season porch which will not be heated but will 6e used to enjoy the �easons while aJso conserving energy, h1r. t•�oack noted they would use the porch rather than air conditioning in the summer and in the winter they would not heat the area. Mr. {Voack stated his lot is 62' wide and also a corner lot requiring 35' setback on two sides. The hardship presented is there is no alternative to any expansion.other than in the area proposed because of the stated :lot size and location. Mahlon Swedberg noted the addition will further upgrade the structure and wi11 not have a negative, or significant impact to any adjacent properties. r � � �lJ .� �� Board of Zoning Appeals Page 2 Apri1 l4, 19$1 Mahlon Swedberg moved to approve the waivers as requested. Mike Sell seconded the mot'ron and while doing a)so noted that on the current survey submitted with the petition it shows an existing detached garage located 3.5' from tfie south lot line (5' required) , Sell suggested this be included in the waiver, following discuss�on on the motion, it was agreed to include a waiver of 1 .5' off the required 5' side setback from fi he south property line to the existing garage as part of the motion. Upon vote, motion to approve and as amended carried unanimously. 81-4-3 (Map 12) Residential _ 5729 Olson Highway Michael J. Pavek The Petition is for waiver of Section 3.07 (3) c for 4.0' off `the required 11 .0' sideyard setback to a setback of 7.0' from the west lot line to the proposed addition. Mr. Pavek was present. Approval had been received on the petition from adjacent properties. This home is Tocated on a lot which is 73' wide and 385� deep. The existing home is constructed to within 2.8` from the west lot line. Mr. Pavek explained his hardship is caused by the location of the home and the difficulty to add on without not requirinc� some sort of waiver. To add the proposed addition requires at`tachment to the exesting f�ouse wi;thout :creating`an awkwar-d corr�dor to comply with existing setbacks. Mike Sell moved to approve the waiver as requested, noting the difficulty of expanding to the house as placed, and the topography involved. Sell also noted that in 1978 Mr. Pavek appeared before the Board for permission to add on to the home on the east side. While that addition required no actual variances, it did require Board of Zoning Appeals approval as an addition to a non-confarming con- dition, Mike Sell noted the overall upgrading of the-existi°ng home to date and moved to grant the waiver as requested. Second by Art Flannagan and upon vote carried. 81-4-4 (Map 19) Residential Outlot A E. A. Anderson Addition (7nd lot north of 23rd Avenue on west side of Winnetka Avenue. Herbert Hein, Jr. The Petition is for waiver of Section 3,02 to allow construction of a two-family dwelling in a residential zoned area. (Property complies `with Tot width and square footage: requirements for a two- family dwelling, but does not abut a heavier use district or is not directly across from a cammercial , light 'industrial or industrial district,) , :�� � � � � �;� �,�J Board of Zoning �ppeals Page 3 April 14, 1gu1 The petition was in order. Mr. Hein was present. Also present were Mr. Edward Muscynski of 7�25 = 23rd Avenue North, Mr. Br�ce `Shurman', owner of Lot 1, Block t , Anderson's Addition {southwest corner of: Winnetka Avenue and 23rd Avenue� Mrs. Gorml.ey, owner of outlot adjacent orr fihe south to Mr. Nein, and Mrs. Gor�mley's daughter; P1rs. Kathleen Hall . The proposec� structure is across Winnetka from the new two-family dwellings nearing com�ietion. This 'property is bounded on the south side by a singular parcel owned by a Mrs. GormYey. Ideally, each side' could dedicate 30' from. the adjoining lc�t lines and provide for a street inta the property from Valders Avenue and into a cul-de-sac without entering Winnetka Avenue. The two pro- perty owner� to date have not been able to get together in agreement to plat the propertx. Mr. Hein prqposes to build the two-family dwelling now fronting on Winnetka, and later when �n agreement can be reached, to cooperate in platting as noted. If replatted, the required square footage for this two-farnily dwelling would be main- tained. Access would be changed from 1:Iinnetka to the cul-de-sac off Valders. Chairman Christiansen reviewed the background of the property, the necessity if subsequently platfied, for the cul-de-sac arrangement and the access to the pro- posed two-family dwelling changed from Winnetka Avenue to Valders Avenue from the future cul-de-sac, Mr. Hein noted the hardship presented by existing°soil conditions which require piling for the foundation. He described the conditions as similar to those found across Winnetka Avenue where the two-family dwellings are nearing completion. P1r. Hein described the proposed as a home in which he will live, and-the other side a two-bedroom rental unit. Mr. Hein stated that when the �roperty is subsequently p1atted, his remaining lots would be single family �wellings and the requirements for his then existing two- family dwelling would be maintained (1ot area 18z750 sq. ft.) f�1r. Edward Muscynski expressed his concern for possible development of the 1ot at the southwest corner of LJinnetka and 23rd Avenue. He asked that the Board go on record that this could never be used for a two-family dwelling. The Chair explained the Board could not rule on that property in that manner, and was nofi empowered to bind future actions that may be proposed for this property. It did note that this lot does not meet current requirements for a two-family structure. Mr. Shurman objected to Mr. Muscynski 's proposal because Shurman is the current new owner of the corner 1ot, It was explained again the Board couTd not act on that property, however, the concerns of both parties would be reflected in the minutes. Mrs. Hall , representinc� Mrs. Gormley, asked the Board what potential there was for the Gorml-ey property to be developed for two-family structures in the future. Ghair- man Christiansen noted those answers would be addressed by the Planning Commrssion and City Council once a plat for the area is agreed on and presented for approval�, � ��- Board of Zoning A�peals Page 4 Apri1 14, 1981 Any waivers subsequently requested would be referred to the Board of Zoning Appeals. G1en Christia�sen noted that his recollection of the Comprehensive Plan showed the area designated for single family structures. Art Flannagan moved to approve the waiver as requested, noting the hardship of the soil conditions and also noting �hat the pro�onent does have permission from Hennepin County for a driveway access on Winnetka Avenue. Mike Sell seconded the motion. During discussion, Larry Smith questioned ��r. Hein whether there were any current discussibns going on between adjacent landowners relative to platting fihe remaining area. Mr. Hein replied none at this time to his knowledge. Upan vote motion carried tc� approve as requested. Mike Sel-1 asked that the minutes ag�in note the Board's intent that any subsequent plat require that the 18,750 sq. ft. be maintained for this two-family dwellinc�. 81-4-5 (Map 3) Business & Professional 400 Lilac Drive North Flower City, Flower World Company The Petition is for waiver of Section � 10.06 for 5' off the required 25' landscape area atong the north lot line to a landscape area of 20' , for 17' off the required 35� front green area to a front yard of 13' from the front lot line to the proposed parking area and for 39 parking spaces off the required 60 spaces for a total of 21 spaces. Present for the meeting were Mr. Richard Co-ttle, Architect from Cottle-Herman Associates and Mr. Brent Shapiro of Flower City-Flower LJorld Company. fJo adjacent property owners were present. A11 adjacent properties gave their consent except Rev. C. 0. Willison, 5341 4Joodstock Avenue, the adjacent neighbor to the north. This is an existing building zoned Business and Professional adjacent to a resi- dentiaT area. tJo expansion is proposed for the existing structure, however, the new owner will need more parking area than before. The existing parking was non- conforming, The proposed parking waiver is based on current requirements, which requires one space for each 150 sq. ft. The new proposed BP0 prdinance goes to the City Council for final reading on April 21 . The new ordinance provides for one parking space for each 250 sq. feet, which woutd obviously reduce the present required waiver. The proponent has propos.ed a substantial landscape project to retain as desirable appearance to the adjacent neighbors as possible. ��� 1 � Board of Zoning Appeals Pa9e 5 Apri1 14, 1931 The City Engineer and the Superintenc�ent of Zoning & Inspections have met with the adjac-ent property owner to the narth, who did not s�gn tf�e petition in approval because of his concern for current drainage runoff problems from the property and the passible increase with expansion of the parkinc� lot. The drainage lines and catch basins have been determined as belonging to -the State Highway Department. They have been advised of a possible flow problem and will fo] low thru to correct it. �Juring discussic�n, �1r. Cottle noted they can provide 22 spaces rather than 21 as noted on the agenda. Mr. Shapiro as one of the owners, reviewed their operations. He described this building as the home office with approximately 20 to 21� emp}oyees, which include the executive offices and owners. They r�urchased this building because they wanted a "low profite" type of building that had a' residential characteristic and they intend to landscape thoroughly around the parking expansion to retain that atmosphere. G1en Christiansen expressed his concern for the potential of au�o�tcrt�tles parking on the streets should the parking not be adequate. !t was noted that when the structure was built, the total site was not adequate to provide all the parking as now required under the ordinance. Mr. Shapiro assured the Board it was not their intent and did not forsee any parking on the street. Mr. Cottle explained that the present blacktop parking area now used in front of the bu7:lding is actually on state right-oj`-way and this would be removed and land� scaped as the new parking area on the site is installed. He said this would further enhance appearances, Art Flannagan moved to approve the waivers required for the site as requested noting it was for one 1ess space than on the agenda (3� spaces off'the required 60 spaces to 22 spaces on the site) . Mike Sell seconded the motion and upon vote it was three ayes and two nays (Swedberg and Chr'istiansen) motion to approve carried. 81-4-6 (Map 21� Lighf lndustrial R. L. Johnson Construction Co. Parts of �ots 3-5-6 of Block %+, Golden Valley fndustrial Park, Decatur at 7th Avenue Property directly sou.th of Pleciicine Lake Lines. The Petition is for waiver of Sections - 1 .03 - for mz�re thar� �ne pr'i nc'i�al bu i rd i n�z on one parcel of land, 5•05 �B) for 30' off the required 5Q' setback to a disfiance of 20' from the west lot line to the proposed structure, for 15' off the required 25' of green area along the west lot 1ine. _ �, i Board of Zoning Appeals Page 6 Apri1 14, 1g81 Note: These waivers previously granted March 13, 197�. Expired after one year, due to no construction. The petition was complete, consent had again been received from all adjacent properties. Mr. R. L. Johnson was present and reviewed the entire proposal with the Board. As noted, the waivers have previously been granted. The proponent has also constructed an expensive storm sewer for the property when granted his previous waivers, but did not commence construction because of "prohibitive interest rates". Since previous approval , the Ldestview School site has been developed as a P.U.D. office warehouse complex. In a P.U.D. , the underiying zoning is not required to be changed and remains as institutional . This is the reason for the major portion of the waivers for setback and green area along the west lot line, Mr. Johnson explained that they desired the project as designed with two buildings because esthestically it provided a mueh better appearance than one long office warehouse strueture, and it provided a more office-type atmosphere. Mike Sell moved to approve the waivers as requested, noting that the Westview School site has now been developed as a P.U.D. for office warehouse and that if the underlying adjacent zoning had been changed to industria}, Mr, Johnson would only need one waiver (two' principal structures on one parcel) for. his pro- posal , Plahlon Swedberg seconded the motion, also noting that the two buildings as des'igned were less obtrusive than one large long structure. Upon vote, motion to approve carried unanimously. 81-4-7 _ (h9ap 12) Rad i o Zon i ng 917 Pdorth Li lac Drive Hudson Broadcasting Corporation The Petition is for waiver of Section 8.01 for 14.2' off the required 20' side setback to a distance of 5.�' from the north lot l �ne to the � existing building and the proposed addition. Mr. Ro6ert Pierce, Architect, with lundberg Pierce and Mr. Richard Poe, Manager of the radio station was present. Mr. Pierce made the presentation stating this is an extremely large parcel of land which presents no problems for adequate parking. He described the overall upgrading of the existing radio stati'on and the proposed new addition which also provides for new toilet facilities including those for handicap personnel . Mike ��1i11er, City Planner, noted that the praposed addition is in line with the existing building and presents no significant effect on the site. The radio zoning code is very brief and does not define any specific setbacks. In a review with the City Planner, it was determined that the 20' requirement used on most other sections would appear to be the intent of the code. ��` Board of Zoning Appeals Page 7 Apri1 14, 1981 Mahlon Swedberg m4ved to approve the waiver as requested, In doing so he stated the location of the existi'ng building and the addition are not controversial and do not appear to have a negative effect on surrounding properties. Motion seconded by Larry Smith and upon vote carried. $1-4-u (tlap 4) Residential 2� Kyle Avenue �Jorth G1en Hauschild 7he Petition is for waiver of Section 3.07 (1) front setback for 2O' offi the required 35' setback at Kyle Avenu�; to a distar�ce of 15' �rom the_ lot line ��- the pro�osed garage and for 30' off the required 35' setback along Elmdale Road (platted but not developed) to a distance of 5' from the north lot line to the proposed garage addition. Mr. Hauschild was present. Signatures of approval had been obtained from all surrounding properties. Elmdale Road is not developed, however, at th"is time it is not the intent of the city to vacate it. This then requires the 35' setbaek along the north 1ot Jine. 35' is required also on Kyle Avenue side, Mr. Nauschild expla[ned the difficulty getting out of his present tuck-under garage which is entered from undeveloped side of Elmdale Road, The topography slapes considerably to the east and in the winter is difficult to travel out of. The Board noted that several other waivers had been granted for setback along Kyle Avenue and `one of the near neighbors'who recen'tly had completed :his addition was present and spoke favorably for Mr. Hauschild 's proposal . G1en Christiansen stated that many of the properties along the east side of Kyle Avenue have difficult terrain at the rear of the property and most' have a hardship for any development or use of their property in that direction. Following further revi;ew of the proposed location of the attached garage, Mike Sell moved to approve the waivers as requested, secorrd' by /�rt Flannagan and vote carried. 81-4-9 (Map ti3) Residential 75 Qregon South Alexander Shmyel The Petition is for waiver of Section 3.07 (2) for 4' off the required 20" rear setbaek to a dtstance of 16' from the south lot line to the propo�ed decks for this new home. �-. r�a�"� �: :�^_., Board of Zoning Appeals Page 8 qprj � t4, 19$� Mr. Shmyel was present. A1so present were Mr. James Uzzell , the contractor who has Mr. Shmyel 's home under construction. Consent had been obtained from all adjacent properties. Mr. Shmyel proposes several decl:s along fihe back of his home out from the house to a distarrce of 4' . This home is placed the long way on the lot and while it has an Oregon address, it faces !,�estern Avenue. This creates a rear yard that normally would be the sideyard. A sideyard would be 15' and no waiver would be required. A rear yard requires 20i of the lot depth of 20.5' . This is the area where the decks are proposed. Mr. Shmyel stated that the upper deck was 4' out from the bedroom but that the other two decks are proposed for l0' out from the house and this is whaf he pre- sented and thoroughly explained to his adjacent neighbors when seeking t�eir con- sent. The secretary had the plans on file for the home and Mr. Shmyel agreed it was difficult to determine from the drawings the depth of the proposed 10' lower 1eve1 decks. Mr. Shmyel stated that this being a corner lot he had no privacy other than the rear area where the decks are proposed. After considerable discussion on the type and construction of the proposed decks and their esthestic appearances, Larry Smith moved to approve the waiver as amenued to allow canstruction of the upper deck as proposed and the two lower decks to a distance of 10' out from the rear wall of the house. Second by Mike Sell and upon vote carried. 81-4-10 (Map 12) Residential Lot l , Block 2, VaTleywood Addition 520 Valleywood Circle J. Uzzell Construction The Petition is for waiver of Section 3.07 (1) front setback for 5' off the required 35' front setback along the service road at Highway 55 and for 3.�7 �3) side setback for 5' off the required 15' fio a distance of 10' from the south lot line to the proposed new dwelling. Mr. U;zzell who had been present with Mr. Shmyel now presented his proposal for this lot in the Valleywood addition where he is constructing new homes. These lots abut the service road on Highway 55 and :Va1leywood Circle (,south side of Highway 55 near Highway 100) . 5' off the required 35' is requested from the service road side and 5' off the south lot line setback of 15' , Each corner lot has the 35' requirement on two sides and' the builder does not want to construct a "crackerbox" house in with the others he has built. �, �,'�; Board of Zoning Appeals Page g � Apri1 14, 19�i1 Mr. Uzzell had the consent of the adjacent property owners, He stated there are covenants attached to the deve}opment which requires the hames to be built to be at least 2,000 sq. �Ft. and of a comparable market value, and in keeping� esthetica} ly with< the other homes as constructed. During the discussion Mike Sell proposed that Mr. Uzzell consider locating the home closer to the service road (25' ) thereby maintaining the required 15' sideyard on the south side and taking advantage of the appearance of the right-of-way that is green area on the north side. Sel1 noted `simi1ar variances granted on a lot two addresses east of this one. After cansiderable discussion, Mr. Uzzell agreed to the proposed adjustment stating he also inCends to cor�struct a privacy fence on the side facing the service road. �1ike Sell noted that the next item on the agenda was a similar propo�al for the lot directly across from this one under consideration. P1r. Uzze11 stated his brother owned this lot, however, he was going to purchase it and complete the development. Sell suggested that, if possible, the Board could addr�ss this lot in a similar manner. The secretary stated that Mr. Jerry Uzzell , the owner`of the other lot, had not submitted his petition and the item is scratched from the agenda. Mr. Jim Uzzell said he would submit next month. Mike Sel1 moved to approve a waiver of 10' off the required 35' setback to a distance of 25' from the north 1ot line along the Highway 55 serviee road to the propos:ed dwelling. Second by Art Flannagan and upon vote carried. 81-4-11 (Map 12) Residential Lot 2-, Bloek 2, Valleywood Addition 521 Valleywood Circle J. Uzzell Construction The Petition is for waiver of Section 3.07 (1) front setback for 5' off the required 35' to a distance of 3D' from the serviee road at Highway 55 and for 5` off the required 15' sideyard setback to a dis- tance of 10' from the south lot line to the proposed structure. Moved by Sell , second by Flannagan and carried to remove this item from the agenda for lack of petition and fee. 3T-4 12 (Ma� 2�) fnstitutional 9300 �Japer S�reet Hennepin County Sheriff's Tower Hennepin County, MN, The Petition is for waiver of Section 11 .07 front setback for 21 ' off the currently approved 35' front setback for landscape to a landscape area of 14' in depth from the front lot line. � �r,� Board of Zoning Appeals Page 1D Apri1 14, 1g81 The petition had the consent of all adjacent ��roperties. Present representing Hennepin County were Mr. Ly1e Landstrom, Mr, Earl Johnson and Capt. Donald Vadorad of the Sheriff's Dept, at the tower site facility. Mr, and Mrs. Zoubeck of 9345 Naper Street were present. They are directly across the street from this proposal and said they favor this request. Mr. Landstrom explained that while the area of landscape is reduced some�ahat, it will be intensified and also there is a safety factor in that by adjusting the driveway and parking area as proposed, it will prevent children from roller- skating down into the street or bicycles from traveling down thru the area. Mr. Johnson said there are some additional mature pine trees in another area on the site and he has made arrangements with the County Park Dept. to have a hydraulic tree spade and crew dor a day to move these in place to further enhance the land- scape along Elaper and Indapendence Streets. Mike Sell said the present construction and proposed landscape is a real improve- ment on the site and while noting also the safety factor this praposal provides. �loved to approve the waiver as requested. Second by Larry Smith and upon vote carried. 81-4-13 (Map 10) Residential 1505 Fairlawn Way Ernest G. Prince, Jr. The Petition is for waiver of Section 3.07 (B) sideyard setback for 5� off the required 12' sideyard setback to a setback of 7' from the north lot line to the proposed garage addition. Mr. and Mrs. Prince were present. The petition was in order and consent abtained from a11 adjacent properties, This is a request typical of many, a single-car garage proposed to be increased to a dou�le. This lot is less than 100' in width and present}y has the garage set at 15' from the lot Tine (only 12' is required as the lot is $0' wide - 15i of 80' = 12' . Mr. Prince explained their present narrow single-car attached garage was inadequate as there was no place for storage of routine yard materials or a second automobile. Mahlon Swedberg stated this is a typical situation of a home developed in the 'S0 and '60's which now is proposed for upgrading to today's standards. He noted similar other approvals where there were no negative effects on adjacent properties and resulted in improved appearance and serviceability to the property owner and neighborhoad. Swedberg noted there are several other similar homes in the neigh- borhood who may decide to expand garage facilities also and each would be addressed on their merits, such as existing location on lots, lot size and topography. . '� �\.1 j�; Board af Zoning Appeals Page 11 April 14, 1981 Mahlon Swedberg move.d to approve the waivers as requestecl, Larry Smith seconded the motion and upon vote carried. ELECTION OF OFFICfRS FOR 1981 Chairman Christiansen relinquished the chair and the secretar^y assumed that posifiion and declared that nominations for chairman were in order, Mike Sel1 moved that Art Flannagan be chairman for the coming term. Second by Swedberg and carried. Swedberg moved that norninations be closed. Second by Sell and carried. Mahlon Swedberg moved that Art Flannagan be appoir�ted chairman by acclamation, second by Smith and carried. Art FTannagan wi11 be chairman thru Apri1 , 1982, Art Flannagan assumed the chair and thanked everyone. Glen Christiansen thanked all the &oard members for their service, cooperation and assistance the past year and looked forward to the coming year as a Board member. Glen Christiansen read a letter he had received from Mayor Rosemary Thorsen wherein she expressed her appreciation and understanding for the manner the Board addressed the Calvary Community Service petition and expressed her thanks for the excellent performance by the Board members in carrying aut their duties. The Board discussed with the secretary the propased Zoning Code changes which they wi11 have the op:portunity to review and comment and several other adminis- trative matters. There being no further items for consideratiorr, it was upon mot'ron, seeond and carried to adjourn at 10:20 P.M. ,� � , - � � � ; . f 6 ,,..l� . C Gle Chri tiansen, Chai man Lloy G. Becker, Recording Secretary