06-08-82 BZA Minutes ��-r�
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MIL�JTES OF A REGULAR MEF,TING OF Tf-IE
GOLDEDT VALLEY �OARD OF 7ANLNG APPEALS
June 8, 1982
The regular meeting of #:he Golden Valley Board of Zoning Appeals was held
Tuesday, June 8, 1982, a�k 7:30 P.M. in the Council Chambers of the Civic
Ceriter, 7800 Golden Valley l�ad, Golden Valley, Mirmeso�a
The follvwing Board members were present:
Chairn�an, Mike Sell
G len Christiansen
Art Flannagan
M ahlon Sweclberg
Absen�. by prior arrangemen�., Herb Polachek
The first order of business was approval of the mir�u�es of a regular
meeting held May 11, 1982, oopies of which had previausly been dis-
tributed to the Board.
Ar� Flanr�,agan moved to approve �.he mirnu�es as writ�en and. presented.
S ec�nd l� Mahlon S�aec?berg and upon vote carried.
82-6-14 (Map 19) Business & Professional
2445 Winnetka Avenue Noxth
A. J. Pop�elaars
The Petition is for waiver of Section
10.052(A) for 25 feet off the required 50 feet
• builcti.ng setlaack tA a distance of 25
feet frcan the west lat line �o the
p roposed addi�.ion.
(NCl1'E: This item was deferred from the Regular May Meeting)
Mr. Poppelaars was present with his archi�ect, Mr. James Coaperman, who
explai.ned Mr. Foppelaars' revised praposal for an office additi� to
the west side of the existing building.
Also present were adjacen�. property cxnmers to the wes�, Mr. p, �. Zibley�
2480 Valders and Mr. Carlton Hopstede, 2480 Valders.
Mr. Poppelaars had subrrd�,ed a revised prc�posal to staff the day befare
the meeting and he was naa prc�osing an addition, whicll was 31 feet from
the wes� lot line at its closes� point which wnuld require a wai.ver of
19 feet off the required 50 fee� from the west lat line adjaoerrt to the
residential proper�ies.
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Board of Zoning Appeals Mirna�es
Page 2
June 8, 1982
Mr. Oooperman described wha� he sa�w as hardships �o development � this
s i�e. He r�ed "the configuration of the lc� and the steep slape to the
west arxl also the difficulty in providing al�ernate parking". The oon-
f iguration of the existing building with a nain cerYter entxance or o�rricbr
with offices on each side mzkes it prohibitive �o add to ei+her the rborkh
or south side.
Mr. Qooperman n�ed that naa, with the revised B.P.O. Ordinance, he o�uld
expand the Yxzilding upuvan3, but t,his would have nuch rmre impact, he felt,
to the surrounding proper�ies.
Glen Christiansen no�.ed previous Planning Com�nission actions when this
structure was buil� and he also described the praponents' presentati� and
s ite plans when before the Board of Zoning Appeals in 1974. �ristiansen
also remi.rx3ed Mr. Poppelaars of the additional council action when the
property was rezoned, which required �.h�at a.riy future building permit would
require council considera�ion. Christiansen said he has been in the adja-
cent neighbor's yard and the praposed addition �uld be objeckiona�ble as he
s aw i�.
Mr. Poppelaars sai.d he war�.ed to expand because the building was r� big
enpugh to be economically viable #.oday cosidering t.axes and, ek.c. He
sai.d he will have to add on if he is to con�inue �o aan the building.
Mahlon S�aecmerg said he was on the Board a� the #.i.me the present struck.ure
�,aas proposed and i� was extremely oontxoversial, haaever, with the building
proposed as B.P.O., i� was fel�. it was a laaer use adjacent to resicler�ial.
This addi�kional waiver nan� is also po�entially oontroversial and because
of the previ�s background very questionable.
Mr. O. D. Zibley, of 2480 Valders, spoke in objection nating the previaus
act.ions in 1974 when the present stxucture was approved and naa he
couldn't see why it was opened up again.
Mr. Zibley questioned whe�her the addition would make that �uch difference
eoonomically as the present structure he said, has had for rent or lease
s igns displayed m�s� of the time.
Mr. Zibley naked tha� Mr• P�ppelaars is a developer and real esta�e holder
and ±herefore there is a cert;ain amaunt of risk. Hawever, economics should
no� be a factor for considera�.ion of a waiver. Mr. Zibley said his taxes
have also risen considerably, but he has no recourse such as additional
constxuction, et.c. , �o help alleviate his as a resider�ial praperty.
Mr. Carlton Hopstede, of 2450 Valders, also spoke in objection and said
he disagreed with Mr. Coc�perman tha� thi.s prc�posed addition would ha� the
the least impact, rioting that no acY�i�ion would have the least impact. Mr.
Hofstede also reviewed past act.ions when the rezoning was considered and
the presen� stxucture praposed. I-ie said b7r. Foppelaars' sta�.emerit �hat
at the �ime of rezoning only �wo people objected sh�xld be clarified tha�.
both adjacent properties �o the rear were also the rros-� affected ones and
obviously objected.
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Board of Zoning Appeals Mirna#.es
Page 3
June 8, 1982
Following furr.her discussion by the Board and a� tixnes verbal exchange
be�ween the adjacent neighbors with the praponent, Mahlon S�aecmerg iroved
to deny the waivers reques�ed and nav proposed. Seo�nd by Glen Christiansen
and carried un,animously.
Chairman Sell explai.ned the appeal process available shou d Mr. Poppelaars
s eek a determination by the City �unciL
82-6-15 (Map 18) Inc�us#xial
6800 Wayzata Blvd.
Menard, Inc.
This is an ac�nirListrative review of the utilization of the
parking a#. this si�.e afker a period of one year. (Waiver granted
June 9, 1981. )
Mr. MaYV Prochaska, Vice Presiden� for Real Estate, Menards, Inc. , was
present to answer any questa.ons.
Secretary Lloyd Becker reviewed the staff observations and comr�rits for the
past year.
Mr. Prochaska not.ed that Menards has 10 year leases frcan both tenan�s so
there should be no substanta.al changes on the site.
Follawing further discussion, Art Flanriagan mr�ved to approve the variance
previously granted for one year as permanen� subjec� to any dzange of
tenant occupancies to be reviewed by City staff to insure tha�. any r�w
parking requirements are consistent with those when the waiver was
granted. Seoond by Glen Chris�iansen and upon vo�e carried.
82-6-16 (Map 13) Inc�ustxial
735 Golorado Avenue Sou+h
Green S�uff, Inc.
Scvkt Severson
The Peti-�ion is for waiver of Seckion
7.05 (C) sideyard setback for 15 feet off the
required 20 fee� building se�.back tr�
a setback of 5.0 fee� fran the north
lot line �o the e�s-ting building'
7 .05 (D) (landscape) for 5 fee� off the
required 10 feet along the north
lo� line to the existing building;
for 10 fee� off the required 20 feet
build�ng 5etl�a�lc to a distance Qf
10 feet from the east 1ot line ta
the existing building;
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Board of Zoning Appeals Mir�u#.es
Page 4
June 8, 1982
for waiver of lan3scape along the
s outh lot line beginning a� the
east lok. line and continuing wes�erly
approximately 115 fee�. as it nr.�v exists
as a blackt�p parking area.
Mr. Scott Severson was presen�. Adjacent praper�ies had been no�ified.
None were in a#.�.endance.
Mr. Severson described the exis�ing building, rx�ting that i#. was approved
for size and loca�.ion ar�7 parking in 1965, havever, i� is rx�v norrconforming
along the norkh and eas-k lak lines and for landscape where parking naa
exis�s on a por�ion of the sou-kh side.
Mr. Severson described the ca�rpany's aperations and explained +he
precau�ions provided for in handling the fertilizer and lawn ch�nicals.
5 ix trucks will be parked outside in the prc�posed 8 foak screened enclosure
and twe� will be al�ernately parked overni.ght inside for servicing, ekc.
The landscape will be substan�ially �graded and increased along �.he sou-th
s ide where presen�ly blacktr�pped for parking. Nh�. Severson said the
building is set well back from the Colorado lo� line and ±he required 35
f eet se�back, and green area is provided for there and also at Coloracb
Circle. The fenced enclosure will not, be forward of the adjacen�. property
to the north.
Mike Sell ques�i.oned what the aperat..ions are during ±he winter rronths and
what would be going on at the site. Mr. Severson said basically and
obviously the lawn service and landscape opera#.ions cease. H�vever, th�y ck�
main�.enance of equi�nerit and also ac�ninistxative and accounting work
approximately four days a w�ek with a limited staff.
A typical day was described as �.wo shif�s of lawn servioe peaple working
f rom 6:00 A.M. to 9:00 P.M.
Art Flannagan said +he proposed upgrading of the struc�ure and principally
the landscape as described is a c�efini�e improven�r�.
Glen Christiansen moved to approve the waivers as requested. Second by
Art Flannagan and upon vote carried �sly.
82-6-17 (Map 9) Residential
1045 North Tyrol Trail
JoYuz G. Kilner, Jr.
The Petition is for waiver of Seck.ion
3A.06(1) front setback for 20.4 feet off the
required 35 feet setback fran Parkview
Terrace to a distance of 14.6 feet from
�}� ��s��ep�Qn�he pr°p°sed garage at
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Board of Zoning Appeals Mirnztes
P age 5
June 8, 1982
Mr. Kilner was present. Consen�k had been obtained frcxr► all adjacerit.
properties.
Mr. Kilner explained his prc�osal to change the exi.sting single-car
attached garage to a family roarn and a p�rtion �o a dining area. He
reviewed plans drawn b� his archi�ect which he said considered and
addressed the unique existing roof lines and require�r�s for the exit
and also exi.s#.ing windaw. Mr. Kilner sai.d that they had looked a� other
options but this was the bes� they cauld work au�. Glen Christa.ansen
asked why the garage could not be rroved back appro�mately the 7 feet t�ha�
is open nexk. t�o the e�sting hause. '1'his is where Mr. Kilner explained is
�.he rear door and wirx�ow that w�ould be blocked.
G len Chris�.iansen noted tha#. in his le�ter describing his garage propasal,
Mr. Kilner didn't explain his int.en�ions for the existing single-car area.
Follaving considerable discussion of the archi�ecture of the hause and
noti.ng the unusual exis�ing roof design, the aonfigura�.ion of the o�rner
lo� arid 35 fee#. se�back requiremer�k.s on two sides, Mahlon Swec�erg rmved
to approve the waiver as requested arxl as presen�ed on the prq�osed loca�ion
on the survey by P,�lvance Engineering. Seo�nd by Art Flannagan. During
discussion Mahlon S�vecmerg ri�ked simil�ar variances �o other praperty in the
area. Upon vote, rrotion carried for a�roval unanirr�ously.
G len Chris�iansen said he had scme ac�ninistxative �tters tha� over the last
several years he has brough� �o the attention of the Board and Cauncil and
he fel� -that in view of increased costs for the City and tight budge�k
conditions, t�hat the filing fees for Board of Zoning Appeals should be
substantially increased, especially the cam�ercial.
G len C�ristiansen described the amount of staff time required on soare of
these items including or�site reviews, engineering clzecks, zoning con-
siderations, oosts of mailings, etc. , and said he personally felt the fees
should be rai.sed n�re to reflec�, costs.
Mike Sell also camyented as did the other Board members that they ooncurred
with Glen Christiansen and the Board asked tha�. the mi.r�utes reflect their
ccrrir�n�s and concerns ar�cl the Board also asked the secretary, Lloyd Becker,
to bring +his matter to the a��ention of the City Manager and through him to
the City Council on behalf of the Board of Zoning Appea.ls.
The Board praposed the staff should review surrounding com�unities and
our aan fees at presen� for a oarparison.
There being no further business to came before the Board, it was m�ved,
seconded and upon vo�e carried �.o adjourn at 8:55 P.M.
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Mike Sell, Chairman d . r, Secretary