07-14-81 BZA Minutes ���
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
JULY 14, 1981
The regular meeting of the Golden Va11ey Board of Zoning Appeais was held
Tuesday, July 14, 1981 , at 7:30 P.M. at the Civic Center, 7$00 Golden Valley
Road, Golden Valley, Minnesota.
The following Board members were present:
Art Flannagan, Chairman
Mahlon Swedberg
Larry Smith (alternate)
Absent by prior arrangement, Glen Christiansen, Mike Sell , and William Forster.
The first order of business was approval of the minutes of a regular meeting
held Tuesday, June 9, 1981 , copies of which had been previously distributed
to the Board.
Mahlon Swedberg moved to approve the minutes as written and presented. Second
by Larry Smith and upon vote carried.
81-7-26 (Ma 3) Residential
32 1 Noble Avenue North
Howard Ferry, Jr.
The Petition is for waiver of Sections
3.07 (3} sideyard setback for l . l ' off the required 10.25'
to a distanee of 9.4' from the north lot line to
the proposed deek access ahd for
3.07 (1) front yard setbaek for 6.5` off the required 35•�'
to a distance of 28.5' from the front lot line to
the house as it now exists.
The Chairman reviewed the petition and it was in order. Signatures of approval
had been received from all adjacent properties.
Mr. Terry Bayliss of Summit Construction was present to explain the proposed
deck. Also present were Mr. and Mrs. Ferry.
The kitchen exit is on the north side of the house with several steps to ground
level . The backyard slopes very fast to the rear and is a walkout. The house
to the north is set well forward of this home and there is good separation. The
deck will be to the rear of the house and the portion requiring the waiver re-
places the existing steps.
After thorough review, Mahlong Swedberg stated there is no significant effect
to any adjacent property and the present area that exits from the house is the
only portion that infringes on the sideyard setback. This extra, foot out pro-
vides sufficient clearance to get around the door when exiting the building.
��'�
Board of Zoning Appeals,
Page 2 July 14, 1981
Noting that_ there is no other alternative to get to the proposed deck without
major reconstruction of the present kitchen area and' exit and noting the
topography and location of the major portion of the deck is to the rear of
the home, Mahlon Swedberg moved to approve the waivers as,,.requested.
Second by Larry Smith and upon vote carried.
81-7-27 (Ma 15) Residential
1 46 Rhode istand Avenue North
Lyle and Patricia Shonka
The Petition is �or waiver' af Section
3.07 (1) front setback for 9` off the `r�qwired 35' setback
from Winsdale to a distance of 26'' from this lot
1ine to the proposed garage and for 22.8` off the
required 35' setback along Winsdale to a distance
of 12.2` from the lot line to the house as it now
exists.
The petition was in order, consent liad been obtained from all adjacent properties.
Mr. and Mrs. Shonka were present.
This is an older Mome plaeed well back from Rhade island and th� praposed garage
addition woutd be 45' from t`his lot line when completed. The existing home is
only 12' from Winsdale. The proposed attached garage on Winsdale side`would be.
26' from th� lot line. The old garage at the rear of the house would be removed.
Mr. Shonka explained they have owned the property for twe1ve years. The otd
eoncrete block garage at the rear of the house is dEteriorating and' is only 12'
wide. At present, one must drive along the south side of the house and make a
difficult sharp turn to enter the garage. TMe present garage is non-conforming
from the rear lot line and existing house. Mr. Shonka explained the old garage
would be removed as soon as the new attached garage is completed.
Larry Smith noted that the existing home was built to the rear of the lot so
even with the addition of the attached garage as proposed, it is more than the
required setback from Rhode Island and at 2�i' from Winsdale would not be a
visible part of structural alignment along Winsdale.
Mahlon Swedberg noted this is a significant upgrading of the property, is
the only reasonable location for the garage short of reloeating the entire
house. Mahlon stated that if approved, the existing garage should definitely
be removed. Mr. Shonka again assured the Board it `would be done this fall .
Mahlon Swedberg moved to approve the waiver as requested, noting this is a
corner lot with a 35' setback on two sides and the lot is only 60' wide.
Swedberg also noted the location of the house is a hardship for any alternative
and any garage constructed would require a waiver of some kind.
Larry Smith seconded the motion noting as a condition that the 'old garage be
removed. Upon vote motion to approve carried. .
[�V:-
�1 ���
Board of Zoning Appeals
Page 3 July 14, 1981
81-7-28 {Ma 5) Residential
3 31 Bassett Greek Drive
Patrick and Joyce Murray
The Petition is for waiver of Section
3.07 (1) front setback for l2' off the reqwired 35'� to a
distance of' 23' to the covered entry walk at its
closest point and for 6' off the required 25'
setback to a distance of 29' to the proposed
garage at its closest point.
Mrs. Murray was present and had obtained signatures of' consent from a11 adjacent
properties.
During discussion on the proposal , Mrs . Murray stat�cf that the covered walkway
and entry was the architect's idea and they were not going to build this so
her waiver request is for what is required for the garage only.
Mrs. Murray described the slope of the present driveway to the existing attached
garage and stated it was dangerous and cars had rolled into and across the
street. She described the garage addition as set into the ground with a reta-
tively low profile.
Larry Smith n�ted that thE street curves and there is not a significant or
established line of setbaek along the adjacent houses. There is no opportunity
to expand or construct to the rear as this house, as well as others along that
side of the street, are set at or into a steep bank to the rear. Noting the
topography and the stated problems of the existing driveway and garage, Larry
Smith moved to approve the waiver for the garage only, for 6` off the required
35' setback. Mahlon Swedberg seconded the motion and upon vote carried.
81-7-29 (Map 5) Residential
2120 Spruce Trait
Michael and Sandy Swirnoff
The Petition is for waiver of Section
3.07 {3) side setback for 4.4' off the required 15' side-
yard setback to a distance of 10.6' from the east
lot line to the proposed deck.
The petition was in order. Consent had been obtained from all adjacent properties.
Mr. Mark Benzell of the Deckworks Co. was present and explained the proposal .
���
Board of Zoning Appeals
Page 4 .luly 14, 1981
This lot has a �ide line that rurrs on an angle and adjacenfi to an easement
along the ea�t side. While the proposed deck is located almost entirely to
the rear, it is necessary to provide access to if through doors on the east
side of the building.
The area is heavily wood�d, the lot slopes down from the front lot line to a
walkout area at the r�ar. ln all probability the deck would not be visible
from the front of the house.
Mahlon Swedb�rg noted the topography and loC` shape and stated there does not
appear to be any problem affeeting adjacent properties.
Larry Smith descri.bed the lot configuration and plac�mer�t of the existing
home: It appears this deck projects only for a short distance along the Tot
line to provid� access to the main portion at the rear of the house.
Mahlon Sw�db�rg moved to approve the waiver'as requested: Second by Larry
Smith and upon vote carried.
' 81-7-30 (Map 21) Industrial
9100 - lOth Avenue North vacant tot
east of Pillsbury Distribution Center)
Harkraft, Inc.
The Petifion -i`s for waiver of Section
7.051 for 10` off the required 10' 'green area for a
distance of approximately 60` along the north
west lot line and for 5` off the required 10'
atong the remainder of this lot line.
for 2'6" off the required 35` front setback to
provide for a 4' overhang at the front of the
building to be used as a sotar collector.
for 8' off the required 35` green area at the
sauth west corner of the lot line to a green
area of 27' at that point.
The petition was in order. Present were the proponent, Mr. A. E. Hinnenthal ,
Vice President, Harkraft, lnc. and Mr. Ray Carlson of Gopher News, the adja-
cent property to the east. Mr. Carlson expressed "no objection whatever to
this proposat".
Mr. Hinnenthal �tated their company manufactures such `items as folding closet
doors and other wood produets related to the construction industry. He described
the file he had reviewed with tfie City Building Inspector which showed many
other proposals for this unusual lot but because of extensive waivers required
for this triangular shaped lot and also the cost involved for construction be-
cause of poor soil conditions," none had been carried through to construction.
���`�
Board qf Zoning Appeals
Page 5 Juty 14, 1981
Mr. Hinnenthal said the size of the building propos�d fits their use and they
have adjusted it to provide for compliance with all building s�tbacks, and the
loading docks have been placed at the rear thus the requirement for a waiver of
the landscape along the west lot line to provide access around the building to
get to the rear dock area.
The request for the front setback is a solar overhang from the roof and not
the main structure. The code allows a 30" overhang. Mr. Hinnenthal said his
request should be for 1 '6" not 2'6" as he will not exceed 48".
Noting the difficult -shape of the lot, Che hardship for setbacks which limit
development and placement of any structure on it, and also noting the soil
conditions, Mah1on Swedberg moved to approve the waiver as requested noting
approval for the front setback request was for 1 '6" in addition to the 30" allowed.
Larry Smith seconded the motion noting the proponent's efforts toward compliance
with the zoning cad� on a very diffieult lot. Smith also noted the change to
1 '6`" not 2'6''. Upon vote motion carried for approval .
Mr. Charles Radtoff, architect and owner of M � K Properties, asked to address
the Board.
Upon disucssion with the members, the Chairman approved Mr. Radtoff's request.
Mr. Radloff explained he had previously received approval for several variances
to construct an offiee warehouse condominium at Medieine Lake Road and Nevada
Avenue. The financial situation and interest rates have fluctuated to such a
degree that construction had not been started.
The waiver expired nine months ago. Mr. Radloff said he didn`t realize they
expired after one if no construction had taken place. He h�s continued
to negotiate financing and at this time has an interim lender and a permanent
financier upon completion of the structure by a deadline of December, 1g81 .
He stated he must, by commitment, start construction this coming week and no
later than July 24, 1g81 .
The Board reviewEd past requests and nofied while there have been special
meetings in the past and that the by laws provide for them, it has been a
rare occurrence and usually for an administrative purpose. Notices and all
other requirements for the petition would be required.
While concerned for any precedent this may set, the Board felt fihat as an item
previously approved, this would set it apart from a routine development proposal
for initial considerations. This did not appear to be a repetitive condition
that could oc,cur with any frequency.
Noting that this item had previous approval and that Mr. Radloff would lose a
financial committment for what appears to be a worthwhile structure in the community
and the unique characteristics of the financial committments of the proponents,
Chairman Art Flannagan set a special meeting for Wednesday, July �2, 1981 , at 4c30 P.M.
at the Civic Center in the Council Cham6ers, 7800 Golden Valley Road. The Board
members concurred.
����
��� ,-��
Board of Zoning Appeals
Page 6 Juty 14, 1981
Mr. Radlaff will submit the required fee and petition form with signatures.
The Board secretary wi11 notify all adjacent property owners in writing and
a11 Board members and alternates.
There being no further business fo come before the Board, it was moved, second
and upon vote carried to adjourn at 8:45 P.M.
� °, � �
,! r' , ; ��
Art �lann g n, Chairman loyd . Becker, Secretary