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09-08-81 BZA Minutes k.,y� � '�:� ✓ �_� MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS SEPTEMBER 8, 1981 The regular meeting of the Golden Vall�y Board of Zoning Appeals was held Tuesday, September 8, 1981 at the Civic Center, 7800 Golden VaJley Road, Golden Va11ey, Minnesota. The following board members were present: Glen Christiansen William Forster Mahlon Swedberg Mi ke Sel l Larry Smith, Alternate Absent by prior arrangement, Chairman Art Flannagan. Mike Sell was not present at the apening of the meeting but arrived from out of town business trip at fourth item on the agenda. Following procedure, Glen Christiansen as past chairman assumed the position of chairman pro-tem and conducted the meeting. The first item of business was approvat of the minutes of a regular meeting held August 11 , 1981 , copies of which had previously been distributed to the Board. Larry Smith moved t.o approve the minutes as written and presented, second by William Forster and upon vote carried. 81-9-36 (Ma 2�) Residential 1 90 Valders Avenue North Mr. & Mrs. Fred L. Glover The Petition is for waiver of Section 3.A.Q6 (1) frflnt setback for 15 feet off the required 35 feet setback from Duluth Street to a distance of 20 feet from the lot line to the proposed garage addition at its closest point. Mr. Glover was present to explain his proposal . He noted he had obtained the required signatures. This house has a single attached garage. This is a corner lot and requires a 35' setback on two sides. The house is presently 30' from the Duluth Street side which is where the garage addition is proposed. ��,�� Board of Zoning Appeals Page 2 September 8, 1981 Mr. Glc�ver sa�d from the curb on Duluth Street to his present garage measures 42' . The survey shows fihe actual lot size and the distance is 30' not counting the right-of-way. The house immediately to th� east f�ees Winnetka Avenue. The side of thi� Mouse is 15'6" from Duluth Street. Mr. Glover statEd that is why he #eels his garage addition would not cause a problem of projecting out beyond adjacent houses. The house to the we�t and directly aeross the street from Mr. Glover appears to be 35' from Duluth. Mahlon Swedberg questian�d why the nece�sity for a 26' wide garage. Why not reduce i'ti�an.drequire less of a waiver. Mr. Glover said his builder proposed' this but he would be satisfied with a lesser width. He stated he feels a eorner lot is a hardship and needs additionat garag� space. Mahlon Swedberg moved to approve a waiver of 8' off the present 30' as the house now ex;ists to a distanee of 22' from the lot line on Duluth to the proposed garage addition. Motion seconded by Lar�ry Smith and upon vote carried. 81-9-37 (Ma 1) Residentiat 1 11 York Avenue North Mr. and Mrs. Carl Custard The Petition is for waiver of Sec�ions : 3A. 10 (1) aeeess,ory buildings to locate a detached garage in frant of th� existing dwelling and for 15•3 `feet off the r�quirEd 35 fe�t front �etback to a setback dis- tance of 1g.6 fe�t from the lot line to the proposed garage and for 5 feet off the required 10 feet house to garage separation. Mr, and Mrs:. Cu�tard were present. Consent had been obtained from adj�eent n�ighbors however, a letter delivered at thE meeting by �lr. Steve Erickson of 1812 York with- drew his. approval and was signed by two other adjacent neighbors removi,ng their consent. Mr. Gustard said he want�d a two-car garage, that the topography in the rear prohibited a detached garage there and there also was no way to get around the existing house with an automobile. Gten Christian��n asked what the present single car garage is being used for. After several similar questions, Mr, Custard said it was bEing used partly for garage purposes and living area. He proposes to use it entirely as such if the proposed garage is built. He stated he wanted the 5 foot space between the existing and proposed so he could walk around the house. The secretary noted the buitding inspector's questions and concerns why the existing garage coul,d not be short�ned and the proposed garage be attached, the result being the attaehed garage would be generally in line with the front of the existing west end of the house. Mr. Custad said this may be possible but he felt it was too much money to spend. � ���,� � � �'�' � � Board of Zoning Appeals Page 3 September 8, 1g81 The Board not�d that the front setbaek is most closely guarded because of the immediate effect to all neighbors along a street. The garage as proposed would be 19.6' from the front tot. The exisfiing house at its closest point is 30.F� . It appears if the garage were attached it would conform t'o the present setbacks. Mahlon Swedberg moved to deny the request as presented on the basis there are other 'alternatives that would lessen the waiver requirements noting that they may be more expensive but front yard requirements should be adhered to whenever. possible. Mr. Custard said he was willing to look into attaching the garage. Mah1on Swec#berc� said he would be willir�g to withdraw his rnotiorr if Mr. Custard wanted to look into alternafives and would favor to defer this matter to the October meeting to provide Mr. Custard the opportunity to prepare plans and alternatives if he so desired. This was agreed to and Mahlon Swedberg withdrew his motion for denial . Mahlon Swedberg moved to defer this item to next month's regular meeting. Larry Smith seconded and upon vote carried. g1-g-38 (Map 16) Residential 100g Rhode Island Avenue North Lawrence M. Bieganek The Petition is for waiver of Sections 3A. 10 (1) side setback for aecessory building for 3 feet off the required 5 feet side setback to a distance of 2 feet from the south lot line to the proposed de- tached garage. Mr. Bieganek was present. Consent had been obtained from all adjacent properties. P�r. Bieganek explained that he could not move the garage further back :because of a 14' drainage way that ran behind all the houses on the btock. His garage would be 22' from the rear of the house but to turn in and back out of it he would run into th� house. By placing it closer to the side lot line he could maneuver better into it. He explained most of his other neighbors had received two or three foot variances. He stated his roof would faee front to back rather than crossways, so there,would be no eaves adjacent to his neighbors and it would match the house roof construction. Chairman Christiansen asked if there was anyone in the audience regarding this matter. None were present. Noting the required drainage area prohibited the garage from being moved back further than the 22` from the house and noting similar waivers granted in the area, Larry Smith moved to approve a waiver of 3' off the required 5' sideyard setback for a detached garage to a setback distance of 2' from the south lot line to the proposed detached garage. Motion seconded by Mahlon Swedberg and upon vote carried. ,-^ �; .. . . . . . � �`K: J �� Board of Zonin� Appeals Page 4 September 8, 1981 81-9-39 (�a,�,., 17} Re�identiai 530 Jersey Avenue NortF► Dan and Lynette Herold The Petition is for waiver of Section 3A.06 (1) front set:back fro 7.9 feet off the required 35 feet setback from Jer�ey Avenue to a distance of 27. 1 feet from the front 1ot tine to the proposed house addition (existing dwetling located 2g.1 feet from front lot tine at closest : point) . Mr. Herold was present to exptain his request. The existing house is 26 feet wide by 20 feet deep, dedueting the widith of interior and exterior walls it provides for rooms of less than 10 feet in dimension. The pres�nt house is 29. 1 fee:t from the front lot line. Mr. Neroid said he understood when Jersey Avenue was deve toped that part of the r i gh t-of-way was acqu r red #rom h i s l ot. The house was buitt in 1939. The proposed ad ition would be split level and would be 2 f�et closer to the front lot line nd 2 �eet further to the rear of the existing house which would provide for 24 feet in depth. The existing detached garage would be moved t approximately 16 feet from. the addition. Mahlon Swedberg stated this wouid be a vast i provement and a good addition to the neighborhood and apparently a much nee ed li`vng area for the Herolds. William Forster moved to approve the waiver a requested, noting this would provide for the existing house setbacks also. Mike Selt seconded the' motion and upon vote carried. 81-9-40 (Ma�20) Residential Lot 1 , Block 1, Lakeview Heights (Lot located at corner of Flag Avenue and Duluth Street (undeveloped to the north) Roger and Janis C1em The Petition is for waiver of Sectian 3A.06 (1} front setback for 18 feet off the required 35 feet _ setback from Duluth treet to a distance of 17 feet from the north lot 1 ne to the proposed dwelling. � Mr. and Mrs. Clem were present and represente by their attorney, Mr. Mark E. Cherniack. Mr. Cherniack explained the Clem' proposal to construct a Geodesic Dome dwelling 38.2 feet in diameter. To do t is would require `the structure to be 17 feet from the lot line along Duluth treef as �ow platted but not deveioped and it would be 13.8 feet from the outh lot line as required. Mr. and Mrs. Clem have sold their home and planne to construct this home when upon application to the City they found out that a 35 feet setback 'is required both from FTag Avenue and the Duluth Street side. "'�F"�\/�� . . . . � ;�`' L.' �/ Board of Zoning Appeals Page 5 September 8, 1g81 Glen Christiansen asked Mr. Clem if it was true that wh�n he purehased the lot he had been told there was no problem with the Duluth Street side or setbacks. Mr. C1em replied yes h� had been told by the seller there was no probtem. Glen Christiansen asked if they had fot1owed up on this with the seller once they became aware of the requirements? Mr. Clem stated not as yet, pending the out- come of fhe Boarsi of Zoning Appeals decision. The attorney noted his information obtained from records at City Hall showed waivers granted for similar lots such as g185 Duluth Street (11 feet off the required 35 feet) , 2017 Gettysburg (11 feet off the required 35 feet) , 2016 Independence (11 feet off the required 35 feet) , 1g01 Flag (i0.8 feet off the required 35 feet) , 9150 Earl (10.8 feet off the required 35 feet) . The Clem's would need an additional 7 to 8 feet. The secretary confirmed that Duluth Street is proposed to be cons'tructed in the future, that it is noted as such in the Comprehensive Plan and Traffic Plan and is designated as a colleetor street. The City Engineer has confirmed that Duluth Street is considered for construction. Mike Sell noted the required sideyard setback from the south lot 1'ine and stated if the house were located across Duluth Street, on another lot, it woutd require 10i or 6.4 feet from the lot line and the house could be adjusted for front set- back. The Clems asked if this could be applied to their lot. The Board noted the adjacent lot is only 60 feet wide, that it is for sale and in all probability any developer would request a waiver and would expect one if any were granted to the Clems and this would create a very close condition for the houses. Mahlon Swedberg asked if there was a minimum size dome. Mr. Clem said yes 32 feet in diameter; however, this was too small for them. The Board noted the other waiv�:rs in the area �s granted averaged about 11 feet and they would look favorably on any such proposal from the Clems, but it appears they are committed to a greater waiver need because of the type of structure they propose. The other homes were developed in depth along the lots and provided adequate space. Mr. Clem noted it was their intent to construct the Dome themselves, otherwise a conventional constructed dwelling was out of their reach because of costs. The secretary, Lloyd Becker, confirmed that if setbacks as requested were approved, this structure would be referred to the Building Board of Review for their deter- mination of a building permit. The Board noted that they were not addressing the structure specifically, only the setback variances required for it and the Dome itsetf would be a consideration of the Building Board of Review. However, the structure as proposed does not pro- vide for any flexibility to more nearly conform to other variances granted for corner structures in the area. Mahlon Swedberg moved to deny the waivers as requested noting the nature of the structure was causing a problem to reduce Che setback and that an 18 foot variance if granted would create too much disruption along Duluth Street when it is developed, and also noting there are other alternatives which would provide for a structure within the parameters of previous variances granted. �U a� Board of Zoning Appeals Page 6 September 8, 1981 Mike Sell �eeonded for discussion purposes an stated "a long time ago, we granted variances of 11 feet to a typical" average setback of 24 feet along amny of the streets in Lakeview Meights Addition''. Sell again reviewed any consideration to a sideyard variance along the south lot line and the potential effect on the adjacent lot. Mike Sell stated the lot is a buildable tot as were others in the area but to build may require a conventional type structure to adopt to the 1ot requirements. The vote was calTed and it was unanimous to deny the waivers as requested. Mr. Clem was mad� aware of the appeals proeess, by the Chairman, if he so desired. 81-9-41 (Map 16) I'nstitutional 7520 Golden Valley Road Calvary Lutheran Church The Petition is for interpretation of Section 13.01 (13) parking spaces as determined by mixed uses. Present for the meeting was Mr. Dayton Soby, President of'the Church, Mr, David Thatcher, Pastor Nelson and Dr. Robert Noover, owner of the Dental Clinic across the street (soufih) of this proposal . The Gity Planner, Mike Milter, had d�termined that the churches uses req_uired that parking be determined under the section providing for mixed uses. Th� secretary, Lloyd Beck�r, met wi�Ch 'the City Attorney, Robert �kare, sEV�ral days p.rior to the meeting. Mike Miller was also present. It was dEtermined that the parking ordinance Section 1:3.O1 reqwired the parking be addressed under t'he requirements of places of assembly not mixed uses. The City Planner determihed upon this requirement that the parking requirements th�rr be determined on the ba'sis of seating capacity for the existing ehapeT and the proposed new sanctuary. This is addressed in a second petition wMich fo1lows. Noting the attorney's opinion, this petition for determin- atian of parking spaces u�der mixed uses was not addressed by the Board and dismissed from cons'ideration on the agenda. 81-9-42 (Map 1$) Institutional 7520 Golden Valley Road Calvary Lutheran Church The Petition is for waiver of Section 13.01 (13) parking spaces required' under mixed' uses for 94 spaces off the required 432 spaces to' a total of 338 spaces for the total site. The secr�tary noted that this waiver request is reduced to 35 spaces off the required 373 spaces based on data supplied by the church whieh revised the chapel seating capaeity down from 541 to 300. Thus with seating for the new proposed sanctuary at 1 ,193 seats, 298 parking spaces are required and with seating of 300 in the chapel , 75 spaces are required for a total of 373 required' and 338 provided. , fi"� `� II �u _ ' , Board of Zoning Appeals I page � �eptember 8, 1981 i Mr. Dayton Soby made a 1engthy and detailed pr.esentation of all the parking requirements an-d parking provided for` by Cal�cary Church. He noted` the value of the proposed sanctuary is over 2 million dol`lars and the church had no intention of building such a facility wifihout adequate parking. Mr. Soby noted they had an agreement with Dr. Hoover to use his 54 spaces on his site on Sundays and that he had agreed to continue that, however, no written agreement could be filed as part of the deed for the property because of mortgage requirements which would not allow it. Mike Sell asked if Mr. Soby or the church representatives coutd envision the new sanctuary would be full and possible use of the chapel at fihe same time. Mr. Soby said he hoped the sanctuary would be used to full capacity but probably not. Their planning was for maximum use on Sunday mornings and he did not fore- see any simultaneous use of the chapel . Mahlon Swedberg noticed the twelve church parking spaces provided to the Calvary P.U.D. apartments and questioned how they fit in with parking requirements. Mr. Soby said he couldn' t be sure but if they were not counted then if parking re- quirements are based on sanctuary and chapel less those 12 spaces , they would require a waiver of 47 spaces. Past�r Nelson stated he could not foresee any event such as a funeral or wedding that would occur simultaneously with services in the new sanctuary. Mahlon Swedberg noted that the church appears to have made every effort to pro- vide adequate parking. Mike Sell stated that based on the attorney's interpretation that the question of parking spaces based on mixed uses was not a consideration and that now it was for the Board to determine if the parking requirements are to be based on both the existing chapel and the new sanctuary or only the sanctuary which is the c�reatest seating capacity. Mike Sell moved 'that the Board consider the sanctuary only for determining parking requirements. Mahlon Swedberg seconded the motion noting it was for further discussion purposes. Following further discussion on use of both the chapel and the proposed sanctuary at the same tir�e, the Board concluded based on the churches statements, this was a remote possibility. Mike Sell introduced a new motion that the Board of Zoning Appeats consider parking requirements based on the proposed new sanctuary only because the possibility of using both facilities is remote. Motion seconded by Mahlon Swedberg and upon vote carried. The BQard noted that by its action no waiver is required and that the 298 spaces requir�d for the sanctuary is the determined parking. 81-9-43 (Map ll) Business & Professional 1710 Douglas Drive North D. P. Blomquist The Petition is for waiver of Section 10.01 & 10.02 of the Business and Professional Zoning Code to allow a previous non-conforming use to be continued in a similar manner by a new owner-tenant. � � F�;°` 1�:7, � Board of Zoning Appeals Page 8 September 8, 1981 At the written request of Mr. Robert Frisbee, Attorney-at-taw representing Mr. Blomquist, this item was withdrawn from the agenda. 81-9-44 (Ma 15) Residential 1 20 Maryland Avenue North Don R. Tucker - Conder L. Tucker The Petition is for waiver of Section 3A.06 (3) side setback for 5•5 feet off the required 15 feet sideyard setback to a setback of 9.5 feet from the north lot line to the proposed addition at its closest point. Mr. Tucker was present. Consent had been obtained from all surrounding properties. Mr. Tucker's home is on a curving street and the house is placed on an angle on the lot. It is only the corner of the proposed utility room that projects into the setback. Mike Sell said the existing house as ptaced on the lot would project any addition if kept in line with the existing wa11s into the side setback. The proposed utility room is 9 feet in depth. Noting the lot configuration and placement of the existing home, Mike Sell moved to approve the waiver as 'requested. Second by William Forster and upon vote carried. 81-g-45 (Ma 5) Residential 5 � Go1d�n Valley Road Johrr J. Alexander The Peti.tion is for waiver of Section 3A. 10 (1) accessory building� for 25 feet off the required 35 feet front setback to a distance of l0 feet from the front lot line to the proposed detached garage and for waiver to allow the detached garage to be placed in front of the existing house. House is g4 feet from front lot line. Neither the proponent nor any representative was present and in accordance with the ordinance this item was not heard. There being no further business to come before the Board, Mahlon Swedberg moved to adjourn at 9�25 P.M: Second by Mike Sell and upon vote carried. � ,, \ �, � n Christia ; Chairman Pro-Tem loyd G. Becker, Secretary