01-12-82 BZA Minutes F;:�' �
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MINUTES 4F A REGULAR MEETING QF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
January 12, 1982
The regular meeting of the GoTden Valley Board of Zoning Appeals was held
Tuesday, January 12, 1982, at 7:30 P.M. at the lower level of the Pubtic
Safety Building, 7800 Golden Va.11ey Road, Golden Valley, Minnesota.
The foltowing Board members were present:
Glen Christiansen
Mike Sell
Mahlon Swedberg
Larry Smith (alternate)
Absent by prior arrangement:
William Forster
Chairman Art Flannagan
In accordance with current by-laws, Glen Christiansen, as immediate past chairman,
assumed the chair in the absence of Art Flannagan.
The first order of business was approval of th� m'inutes of a regular meeting held
November 10, 1981 , copies of which had previously been distributed to the Board.
(No meeting in December, 1g81 , as no items were submitted.)
Mahlon Swedberg moved to approve the minutes as written and presented. Second
by Mike Sell and upon vote carried.
82-1-1 (Map 5) Residential
T+5�+0 Golden Valley Road
John J . Alexander
The Petition is for waiver of Section
3A. 10 (1) accessory building for 25 feet off the required
35 feet front setback to a distance of 10 feet
from the front lo�C line to the proposed garage
and for waiver to allow the garage to be placed
in front of the existing house.
Mr. Alexander was not present and Glen Christiansen proposed this item be moved
to the end of the agenda. The Board concurred.
82-1-2 (Map 18) Industrial
7000 Wayzata Blvd. Existing She11 Station)
Jim Lupient
The Petition is for waiver of Section
7.05 (3C) sideyard setback for 10 feet off the required
20 feet setback from the west lot line to the
proposed addition and for l0 �feet off the required
10 feet landscape area along the entire west lot
line as it now exists as black top area.
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Board of Zoning Appeals
Page 2 January 12, 1982
The petition was in order and consent obtained from the adjacent properties.
Mr. Kyle Johnson of Albitz Design was present to represent Mr. Lupient and to
explain the proposal .
Mr. Johnson reviewed the present situation and explained that this pTan for
moving the rental operation into the existing Shell Station on the west side of
Louisiana includsd a diesel fuel pump repair facility, At the present time if
there is a faulty diesel pump on an auto it is removed and must be taken to a
facility in Burnsville and repaired or exchanged. This can tie up an auto for
several days and is creating serious service problems.
Mr. Johnson described the exterior of the building, noting that the exterior of
the addition would be steel panels painted the same cotor as proposed for the
existing structure. He described the roof lines as they' btend in and said it
would be esthetically as pleasing as the present rental structure across the
street.
Mr. Johnson said one of the existing driveways that is closest to Wayzata Blvd.
would be closed and that the 35 foot green area would be established along
Louisiana and Wayzata Blvd.
Mahlon Swedberg noted that when this station was constructed that_ records on file
show that the City Council required it to be brick and Mahlon expressed his concern
over the metal material proposed for the addition. The secretary explained that
when the fiacility on the other side of Louisiana was added to, it was during the
one-year moritorium on canstruction along Wayzata B1vd. and was approved by waiver
of the moratorium by the City Counci } . The metal materiat and the method of con-
struction was also approved because of the soil conditions at that location and
also the uncertainty of how or when canstruction would commence on I-394• No other
waivers were required on this site.
Glen Christiansen said that the Building Board of Review could address the metal
exterior for the addition and he hesitated to cross over into their responsibilities
by establishing any materials as a condition of the waiver.
It was also noted that the Planning Commission has certain requirements recommended
and the City Council witl be making final decisions on the proposal in the special
use permit request.
Mike Sell moved to approve the waiver as requested, noting that it is a further
improvement of the area if completed as proposed and also as a condition of his
motion that those recommendations of the Planning Commisaion in their minutes
of December 28, 1g81 aTso be a condition of approval of the waivers. Motion
seconded by Larry Smith with the understanding that all conditions af the Planning
Commission and Council being met or agreed' to prior to the building permit being
issued.
Upon vote the motion to approve as stated carried unanimously.
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Board of Zoning Appeals
Page 3 January 12, 1g82
82-1-3 (Map 19) Multiple Dwellings P.U.D.
Property located at Hillsboro � Mendelssohn Avenues
Borson Investment Properties Corp.
The Petition is for waiver of Seetions
4.04 Appendix I (C) of the Zoning Code
for 48 covered parking spaces off the raquired
total of 97 to a total of 49 enclosed spaces for
the entire site.
Betty Koelke and Donald Jacobson of Borsoh Investment Corp. were present to
explain the proposal .
Also present was Mr. Bruce Duffy, President of the King's Valley Association and
his wife, Mr. and Mrs. Dennis Roch of the Jack Galant Assoc., Mr. David Thompson,
Chairman of the Golden Valley Ptanning Commission was also present for a portion
of discussion.
The Board asked for an overview of this proposal and Mr. Jacobson described the
rental units, the owner units and the parking and covered garage spaces.
The Board entered a lengthy and detailed discussion on the definition of law,
moderate income and on comparisons with other similar projects including the
Dover Hills family units.
Betty Koelke described how rent subsidies were computed and salary and living
costs as they related to a family of four with an income of $18,000 annually.
Mr. Jacobson described the F.H.A. requirements for purchase of the ownership
units. Mike Sell questioned whether retired people might also qualify and
could be considered as possible tenants of the rental units in addition to
young couples or families with small children. Jacobson described that if
they qualify, this could also be possibte.
Mr. Jacobson described their work in attempting to comply with the requirements
and reeommendations of the Planning Commission and City Council during concept
approval . He stated that there are certain hardships with the site such as the
configuration of the property, the access required along Hillsboro and the ponding
area required.
The combination of all of these makes it a unique and difficult site to develop.
He described the Galant P.U.D. and the advantages as he saw them in including
this area and completing it.
Mr. Duffy expressed his concerns for traffie in the area which is now a problem.
Duffy also described the difficulties of snow removal he has experienced in King's
Valley and noted that the more uncovered parking spaces on the site the more the
snow removal problems are created. Mr. Duffy said he would like to see the parking
spaces be at 161 rather than 151 total as proposed.
Mr. Jacobson described the "random" spaces provided on the site which may be used
also by visitors. These are included in the total .
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Board of Zoni.ng Appeais
Page 4 January 12, 1982
Mr. Dennis Roch expressed his concern about parking on the site and traffic
through the area. He described the current problems of traffic and access to
- Medicine Lake Road and also Hillsboro.
As discussion continued such other items were addressed such as Palice Dept.
authority in responding to any parking complaints, access of Fire Dept. vehicles to
the site, management of the association, costs of covered garage units (estimated
at $25 per mahth), etectrical outiets avai)able for car heaters, etc.
Mahlon Swedberg said fie could see that in the rent subsidized units the $25 additional
cost which would be required for a garage coutd be prohibitive for some people if
required of them. However, in his review of this project, he wanted to know if
additionat garage space if found necessary or affordable could be construeted in the
rental area? Mr. Jacobsan said yes it could be done with some adjustment of the
sidewalks, but it was possible without a great degree of difficulty.
Mahlon stated that overaTl fihe 151 total spaces proposed does substantialty meet
requirements; however, he does have some concern that this includes the space in
front of the garages a]so.
Swedberg said he coutd also understand that for the low and moderate income rental
units $25 additional monthly could be burdensome.
Larry Smith stated that this land will be developed at sometime in the future and
that including the completion of the Galanfi P.U.D. is desireable. Larry noted other
comparable developments and overall this appeared to be a workable proposal .
Mr. Duffy noted previous Planning Commission and Council meetings on this proposal
and said the Councit was adamant on covered spaces being required.
Mahlon Swedberg moved to approve the waiver as requested, again noting that overall
the parking is substantially met and as a condition of his motion that the open
spaces be so arranged that they could be covered if in the future more covered
spaces are required or desired.
Mike Sell seconded the motion and added an additional requirement for the rental
units that in addition to the 15 garages as provided, that 15'outsi'de parking
spaces be provided with electricai outlets so that a tota) of 30 spaces have either
the convenience of electrical heater assistance or covered garage space. Swedberg
agreed with this additional condition as an amendment to his motion.
Discussion was called on the motion. Mrs. Duffy in discussion asked that a total
of 161 spaces be provided.
Mr. Jacobson agreed to the 15 etectricat outlets.
Mr. Duffy reviewed his concerns for the project.
Glen Christiansen called the vote and it was unanimous for approval of the waiver
as requested subject to the conditions as stated in the motion.
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Board of Zoning Appeals
Page 5 January 12, 1982
The site plan and attachments submitted were declared Exhibit "A" for this proposal
and were signed by Donald Jacobson and Glen Christiansen and are the official site
ptans as approved by the Board on January 12, 1982.
Mr. John Alexander of 4540 Golden Vatley Road had not appeared at this time.
Mahlon Swedberg said this is the third time this item has been before the Board and
the second time Mr. Alexander has not appeared. �he secretary stated that Mr.
Alexander had been sent a copy of the agenda and also had been informed of the
meeting date when he submitted his site plan and elevations for the proposed garage.
Swedberg moved to consider this item in the absence of Mr. Alexander. Second by
Larry Smith and upon vote carried.
Following a review of the site plan and elevations as submitted, Larry Smith moved :
to deny the wiavers as requested.
Motion seconded by Mahlon Swedberg and in doing so Mahlon noted that in view of the
elevations as presented and the size of the proposed garage and its location it would
be detrimental to the property and also surrounding properties. Swedberg also noted .
that in developing his previous garage area inta space for occupancy he created his
lack of garage space. ,
The vote was called and it was unanimous to deny the waivers as requested.
There being no further business to come before the Board, it was upon motion,
second and approval to adjourn at 9:40 P.M.
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e�i hrist sen, Chairman Pra- em loyd . ecker, Secretary