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11-10-81 BZA Minutes ��� MINUTES OF A REGULAR MEETtNG OF THE GOLDEN VALLEY BORRD OF ZONING APPEALS NOVEMBER 10, 1981 The regular meeting of the Golden Valley Beard af Zoning Appeals was held Tuesday, November 10, 1981 , at 7:3a P.M. at the C'ivic Center, 7800 Golden Valtey Road, Golden Valley, Minnesota. The following board members were present: Art Flannagan, Chairman Mike Selt Mahlon Swedberg Glen Christiansen Donald Hughes, Alternate William Forster was absent by prior arrangement. The first order of business was approval of the m'inutes of a regular meet'ing . held October 13, 1981 , copies of which had previously been distributed to the Boa rd. Mike Sell moved to approve the minutes as written and presented, second by Glen Chr'istiansen and upon vote carried. 81-11-52 (.Map 5) Institutional 000 Golden Valley Road Unity Christ Churcfi The Petition is for waiver of Section 11 .06 side setback for 10.5 feet off the required 50 foot sideyard setback to a set6ack of 39.5 feet from the west lot line to the existing church. The purpose is to waive the 50 feet requirement so the portion of the church as noted is no longer non-conforming. Present for the meeting were Mr. Wayne Murphy, President of the Church Board and Mr. Skujins, Architect fo the the church. Also present was Mr�. Donald Clark, tfie pastor's wife and other church members. Chairman Flannagan reviewed the petition and then noted a letter had 6een received from an adjacent property owner regarding this matter. Chairman Flannagan asked the secretary to read aloud the correspondence. The secretary read a letter from Mr. Larry Smith of 2080 Mary klills Drive, a property owner directly across the street from the church. Mr. Smith noted the church's proposed intentions to further develop the site if a waiver was granted for the existing portion of the 6uilding on its west side. Mr. Smith also noted he had not been approached by the church for explanation of the proposal nor for signature on the pet'ition as required. Mr. Smith asked that the Board deny the waiVer as requested because if approved it would over- build the site. �`�`..�:,�� � Board of Zoning Appeals Page 2 November }0, 1981 Mr. Murphy presented the church's views, nating that the portion� of the 6uilding being discussed was an area that extended approximately 10' into t�►e required 50' setback from the west lot line. It was noted that the building permit was issued for the church as it now stands and this had been there for better than twenty- five years with na complaints. Mr. Murphy noted that any future construction would be within al } required zoning including parking and that the request was to really allow the churcfi to construct without tearing off that side of tfie exist'ing building. Mr. George Svend�en, Jr. , 2100 Mary Hills Dr'tve, expressed his irritation at having to attend r�any hearings regarding construetion in the area �nd a1so deseribed his concerns for automobiles parking on Mary Hills Drive and Wasatch Lane during the times the church holds services. Mary King, 4025 Wasatch Lane, expressed her objections to any waiver for this property. �he also noted her concerns for the parking and traffic. Mrs. King noted that if tearing off the end of the existing building would be a require- ment if no waiver was granted, then the church has the option to do so. Rita Seeman, 2040 Mary Hills Drive, requested that no waiver be granted and if removing the nan-conforming portion was nece�sary, the church do so as a require- ment for any further construction. She noted decked parking that may occur on Mary Hills Drive. Mrs. Seeman also presented a parking count she had recently taken during church services which reflected heavy parking on Mary Hil1s Drive and throughout the area. Mary King asked whether the streets could 6e posted no parking. It was noted that this was discussed at a previous meeting. Flowever, any posting would affect the adjacent property owners also. Mrs. King asked what the procedures were for requesting the street be posted and these were clarified for her. Mrs. King stated she would attempt to post her own signs immediately if necessary. Several other property owners, not all identified, presented their views and also concerns far any construction done by the church and the staff's efforts to insure compliance with all requirements. During this lengthly and sometimes heated discussion the Board expressed several views and concerns. Art Flannagan questioned why complete plans were not naw available for any proposed construction. The architect replied that c6mplete plans could not 6e prepared without knowing whether the church would be required to remove the existing portion as this would require a major change in supports for the existing structure and also in the arrangement of any proposed addition. Mr. Skujins noted any proposed plans for construction will co�nply with all exi�ting zoning requirements, Mahlon Swedberg questioned the parking �vith any new addition. Mr, Skujin that they would provide 88 parking spaces in conformance with the required seating for the church. He also noted the availability for additional parking across Golden Valley Road at the Courage Center. ���:; Board of Zoning Appeals Page 3 Nc�vember 10, 1981 Mr. Swedberg asked whether there is ramp or decked parking propo�ed? Mr. Skujin said emphatica1ly no. Rny parking will be worked Qut with the terrain, on site, with additional parking proposed to the north and the parking as now exists on the south side will be modified to conform, Glen Christiansen noted he counted 21 cars in the south parking lot at 4:20 P.M. on Monday, November 9, and questioned whose vehicles they were� Mr, Murphy stated in aYl probability they belonged to some church staff personnel , 6ut a1so Courage Center staff, who are allowed to park there. Mahlon Swedberg stated that the question of this waiver is simply how much effect does the existing non-conforming portion have on adjacent proper�ties and how con- structive is it to insist that it be torn down as a condition of any construction on the site, Mary King said the church is not a good neighbor and stated the Courage Center wiil probabiy be utilizing the church property also, and questioned 'if there is Courage Center participation in all this. Melvin L. Cok�en, 4Q05 Wasatch Lane, expressed his objection to any waiver and also to any proposed expansion. Mike Sell asked how many surrounding homes were there in the area before the church. The response was two. Following additional detailed discussion on the existing church, the merits of removing a portion of the church to provide for future construction and the parking problems. Mike Sell moved to approve the waiver as requested subject to the condition that no further waivers be requested or alloared for any future parking expansion or constructior� on the site. Second by Mahlon Swedberg and in doing so he stated he had listened to a11 sides and viewed this as fairly and objectively as possible. He noted the waivers do not change any existing conditions for the neighbor� and questioned how �uch "blood" should be drawn before allawing the church to exercise their right for any future construction if it is all in confarmance. Mahlon �aid he coutd see no merit to base a decision on vindictiveness. Donald Hughes stated that consistency by the Board is very important and noted there are ather items on the agenda which are existing non-conforming structures which also have proposals to add on to and each will be addressed on their merits. Should the 6oard deny this waiver, it could be assumed it should deny all others. Don Nughes said there are some things he felt could be done to addr'ess some of the concerns noted during the discussion. They are as follows: l . Adjust the times and number of �ervices held by the church to prevent overcrowding at certain services. �� � � � �-� Board of Zoning Appeals Page 4 November 10, 1981 2. Post the adjacent streets for no-parking either all the time or at specific days and hours. 3. Encourage over-flow parking across the street at Courage Center if it is permitted. 4. Church not build at all . Hughes stated he felt the Board was legally compelled to grant this variance. Mike Sell , in further clarifying his motion, said the existing church was con- structed in 1955, had technically encroached for over 25 years and if this request was denied it may not be legally enforceable in the courts. Glen Ghristiansen said he would have been more comfortable if complete plans were available for any proposed expansion. Art Flannagan stated it would be unfortunate if this was addressed in a manner that was vindictive and also said the Board must be consistent in its decisions in addition to being fair. Following discussions on the motion it was re-stated and the vote was called. The motion to approve the waiver for the existing structure only as requested, subject to no other waivers for the property carried unaninously. � 81-11-53 (Ma 16) Residential 101 Sumter Avenue North Charles Bruns The Petition is for wavier of Section 3A.06 (3C) setback requirements for 2.2 feet off the required 5.9 foot sideyard setback on the north side of the existing dwelling and proposed addition to a dis- tance of 3.7 feet �t the closest point and for 3.l feet off the required 11 .8 foot side set6ack on the south side o� the proposed garage to a distance of 8.7 feet from the south lot line. The Petition was in order, Mr. Bruns had obtained approval from adjacent neighbors, Mr. Bruns and his builder were present and explained the proposed construcfiion. The existing home is presently 3•5 feet from- the north lot line. The lot is 59 feet wide, The proposal is to add on an addition to the rear of the existing house and in line with the north side as it exists. A present detached garage would be removed and a new attached garage would be built. After thorough review the Board discussed the possible difficulty in entering the garage with it so close behind the house to turn into it, s�-� � � ��-: Board of Zoning Appeals Page 5 November 10, 1981 The Board noted it may look favorably in extending a further waiver aJong the south lot line fio the distance of the now existing garage. This would allow construction of the garage to provide easier entry. Mr. Bruns said he and his builder had looked into this but he would construct it as proposed with `no further increase in waiver requirements. There were no others in the audience to speak an this proposal . Mahlon Swedberg moved to approve the waiver as requested. Second by Mike Sell and upon vote carried unanimously. 81-11-54 (Map 12) Residential Valleywood Addition (Southwest corner Highway 55 & Highway 100) Uzzell Brothers Canstruction The Petition is for waiver of Ssction 3A.Q7 corner visibility to allow a w4od privacy fence to be constructed with less than the twenty-five foot corner setbacks, Mr. Jerry Uzzell and Mr. James Uzzell were present. The petition was in order. Consent had been obtained from surrownding properties. A privacy fence now being constructed is part of a covenant that is in each deed to the properties in Valleywood. The fence is generally completed except for the area as requested for waiver, This has been reviewed by the City Engineer. He noted this is not an intersection as a through-street. There appears to be sufficient visibility if the fence were erected to see both ways adequately before entering the service road to Higt�way #55. Should the Board approve this request, the City Engineer recommends it be conditioned that should the service road ever be adjusted or relocated the fence also be adjusted or rernoved in its entirety if necessary. Most of the Board members noted that they had viewed the site. Mr. Jerry Uzzell said they had provided for this fence as a condition when developing the area as it provides additional sound barrier and also privacy. Glen Christian5en moved to approve the variances as requested. Second by Donald Hughes and upon vote carried subject to the conditions as noted. �=°9°� �'� � __ ,_' � Board of Zoning Appeals Page 6 November 10, 1981 81-11-55 - 1701 Winnetka Avenue Richard Bowles The Pet'ition is for waiver of Section 3A.06 (3) for 4.6 feet off the required 15 foot side setback to a setback of 10.4 feet from the south lot line to the proposed garage addition at its close�t point. The petition was in order. Mr. Richard Bowles is the owner of the property. However, James R. Snow was present who has a purchase agreement with Mr. Bowles, which is subject to a variance being obtained, if possible to expand the existing attached single garage into a two-car structure. Mike Sell noted the desirability of a two-car garage and also noted the Board's previous approvals on similar proposals, The secretary noted that the adjacent owner to the side where the addition is proposed, called for additional infor- mation and also gave his verbal consent. Mah}on Swedberg said that with the traffic on Winnetka and no alternatives for parking, that sufficient garage space is most desirable. Glen Christiansen moved to approve the waiver as requested. Second by Mike Sell and upon vote carried. 81-11-56 (Map 3) Residential 5140 Lowry Terrace � William Bick The Petition is for waiver of Section 3A. 10 (1) accessory buildings to allow a detached garage to be placed along side of an existing house and within all other required setbacks. Mr. Bick was present along with several adjacent neighbors who spoke favorably for this proposal . This item has previously been before the Board and �vas denied. Mr. Bick now pro� poses to comply with all requirements for setback and separation. Howevver, he cannot locate the proposed garage to the rear of the house. The house is on pilings and an atfiached garage could be put on in conformance if placed on piling. Mr. Bick has consistently stated the cost is prohi6itive, During the discussion, the Board noted it would be desirable to have screening between the garage and hause to ��rovide continuity of appear�ance and also to have the exterior of the garage reasona6ly similar to the house, Mahlon Swedberg moved to approve the waiver as requested subject to the gar�ge being architecturally and esthetically similar to the existing house, Second 6y Mike Sell and upon vote carried, 6 �p_ L Board of Zoning Appeals Page 7 November 10, 1981 81 11-57 (Map 14) Industrial Ca-Rect Products, Inc. 7105 Medicine Lake Road The Petition is for waiver of Section 7•05 �3) sideyard setback for 9.6 feet off the required 20 foot setback along the south lot line and for 6 feet 4 inches off the requ't�ed 20 foot ��tback alang`the west lot line to the proposed additian. The Petition was complete. Mr. Jerry Baskfield of 71Oq Madison Avenue West did not consent to the proposal . No adjacent property owners were present in the audience to speak on this proposal . Mr. Patrick Pierce, President of Co-Rect Products, was present, along with two of his associates. Mr. Pierce described how they purchased this builrling new several years ago. However, tf�eir business has expanded rapidly and they need more space. They cannot expand to the west because there is one single home zoned residential and requires a 100 foot set6ack. They also have offered to purchase this property but it is unavailable at this time. Mike Mi11er, Planning � Redevelopment Coordinator, has reviewed this property and prepared a memo wherein he described the proposed addition as the best alternative for the site and recommended approval . Mahlon Swedberg questioned how long the present o�ner planned on staying at this location, noting buildings when constructed are permanent. Mr, Pierce said they plan to conduct their business for a foreseeable long term, they like the location and except for current space problems, it is adequate. Mahlon also noted that since development of this industrial area other similar waivers had been granted in the area. Donald Hughes moved to approve the waiver as requested subject to assurance and provisions that drainage from the site does not become a prob1em with or to surrounding properties. Second by Mike Seli and upon vote carried unanimously. 81-11-58 (Ma 5) Residential 45 O Golden Valley Road John J. Alexander (Deferred from October meeting) The Petition is for waiver of Section 3A. 10 (,1) accessory buildings for 25 feet off the required 35 feet front setback to a distance of 10 feet from the front lot line to the proposed detached garage and for waiver to allow the garage to be piaced in front of the existing house, House is � 94 feet from front lot line, f�,-�. �') t� �_., Baard of Zoning Appeals Page 8 November 10, 1981 Mr. Alexander had been at this meeting earlier. It had been explained to him by the secretary that he had not submitted revised plans, etc. , to the staff prior to this month's cut-off date and that while he may address the Board and request a further extension he could not be acted upon for lack of submittal as required. Mr. Alexander -said he did not want to wait around to address the Soard as they probably would deny him anyway. The seeretary expla'ined this previous conversation to the Board. Mahlon Swedberg moved to defer this item one more month with the provision that Mr. Alexander present his alternate plans to staff for review prior to the end of November so they can be included with the next agenda. Glen Christiansen seconded the motion and upon vote motion carried, There being no further business to come before the Board, it was upon motion, second and vote to adjourn at 10:20 P.M. . . � � � Ar a agan, Chairman / loyd G, Becker, Secretary