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07-13-82 BZA Minutes r� � � � MINUTES OF A REGULAR MEETING OF THE G OLDEN VALLEY BOARD OF ZONING APPEALS J ULY 13, 1982 The regular meeting of the Golden Valley Board of Zoning Appeals was held T uesday, July 13, 1982, at 7:30 P.M. in the Council Chambers of the Civic C enter, 7800 Golden Valley Road, Golden Valley, Minnesota The following Board members were present: C hairman, Mike Sell G len Christiansen M ahlon Swedberg Herb Polachek Absent by prior arrangement, Art Flannagan. Alternates were not able to a ttend. The first order of business was approval of the minutes of a regular meeting held June 8, 1982, copies of which had previously been dis- t ributed to the Board. M ahlon Swedberg moved to approve the minutes as written and presented. Second by Glen Christianson and upon vote carried. 82-7-18 (Map 23) Residential 525 Utah Avenue South John R. Martinsen The Petition is for waiver of Section 3A.06(B) for 10.5 feet off the required 13.5 feet s ide setback from the north lot line to a distance of 3 feet from the north lot line to the proposed garage addition. The petition was in order. Present for the meeting was Mr. John Martinsen. Also present were the neighbors directly adjacent to the proposed garage addition, Mr. and Mrs. James Linhoff, 501 Utah. Mr. and Mrs. Linhoff had i nitially signed the petition form in consent and subsequently changed their approval to no. Mr. Martinsen explained that at the present time he has a single-car attached garage similar to many in the neighborhood when the homes were i nitially constructed. The proposed additional garage stall would place the structure within 3 feet of the north lot line and the 24 inch roof o verhang would be one foot f rom the lot line. r� t{ :� Board of Zoning Appeals � �a:.� P age 2 July 13, 1982 Mr. and Mrs. Linhoff objected to the proposed structure noting that the bedrooms of their home are on the side next to the proposed garage and a lso a basement room with large windows is proposed f or future use as a children's bedroom and they felt the light to this area was very important and that the garage addition would substantially reduce this. The Linhoff's suggested a detached garage in the rear as an alternate. During further discussion, Mr. Martinsen said he could reduce the width s omewhat and still get room for a 16 feet door so two cars could fit in. M ike Sell said he had thoroughly looked at the area and similar waivers had been requested and approved and he felt that in most cases a two-car garage in today's times is warranted. Glen Christiansen asked Mr. Linhoff how he would f eel if the garage was r educed to within f ive feet of the lot line. Mr. Linhoff acknowedged that this is less offensive but still next to the bedrooms. Mr. Linhoff said he had pre- p ared a letter which contained his objections such as "adjacent to the bedrooms", "reduction in open space", and noting he had moved to Golden Valley from Minneapolis because they liked the openness of the neighborhood. Mr. Linhoff said most of the garages were singles in the area. Glen Christiansen asked what type of garage Mr. Linhoff had and he stated while it is small, it could accomodate two vehicles. Mr. Linhoff suggested increasing the depth of the existing garage to provide f or two cars. Mahlon Swedberg said this provides for a tunnel garage and never works. Mrs. Linhoff expressed her concerns and comments on the proposed garage. M ahlon Swedberg stated he had been a resident of that neighborhood for over 20 years, he described several other waivers to provide for two-car garages including his own residence. Mike Sell closed the discussion and in summary Mahlon Swedberg said that i n looking beyond the immediate subject other things that affect the entire neighborhood such as I-394, will have a decided impact. Mahlon Swedberg said I-394 will be disruptive to this particular area and when it is cour p leted, he could see the potential for the neighborhood to deteriorate as it would have the freeway adjacent and an upgraded Winnetka Avenue with heavier traffic on the east, leaving a small pocket of homes. The entire neighborhood would bear the hardship, if not ma.intained and up�raded w hen possible. M ike Sell also noted that if Mr. Martinsen so desired, he could blacktop a p arking area and driveway up to the property line adjacent to the Linhoff's. Sell said that it appeared to him that there is a distinct advantage to h ave those vehicles within an enclosure. �- ; -�, � �`` ' Board of Zoning Appeals Page 3 July 13, 1982 Swedberg stated that he sees in principal the waiver request as two t hings: 1 . A strong and substantial variance request at three f eet from the lot line and 2 . when considering the alternatives and the future as p reviously noted, he would be willing to allow a variance to allow continued upgrading of the neighborhood. Herb Polacheck concurred with Mahlon and f elt the consideration of the effects to the neighborhood, as described, was well put. Glen Christiansen moved to approve a waiver of 8.5 f eet off the required 13.5 feet sideyard to a distance of 5 feet from the lot line to the proposed garage addition. Herb Polacheck seconded the motion and upon vote carried unanimously. 82-7-19 (Map 14) Industrial 2420 Nevada Avenue North Mueller Sales Corporation The Petition is for waiver of Section 7 .05(C) sideyard setbacks for 15 feet off the required 20 feet setback from the north lot line to a distance of 5 feet from the north lot line to the proposed addition (building now exists at 5 f eet), a nd for 5 feet off the required 10 f eet green area of 5 feet between the proposed addition and the north lot line. The petition was in order and consent obtained f rom adjacent properties. No adjacent owners were present at the meeting. Mr. Guy Mueller was present and explained the proposed addition was approximately 650 sq. ft. of additional warehousing which would relieve present overcrowding and allow for further growth of business. Mr. Mueller said there would be no loss of green area, that he does meet the required parking and that they would rather add to their present location than move from Golden Valley. �f�-�. Board of Zoning Appeals Page G July 13, 1982 M ahlon Swedberg asked if Mr. Mueller or anyone knew the history of the e xisting building and how it came to be constructed within 5 feet of the north lot 1ine. Mr. Mueller did not know and the secretary said he reviewed the files and the building had received an approved permit back in the 60's when built. Mr. Mueller emphasized that the proposed addition is in line with the existing. G len Christiansen asked if the Mueller's would be willing to establish a 10 foot green strip along the south lot line which now exists as a black- t opped drive around the building and is blacktopped to the south lot line. Mr. Mueller said he would if he could, but he couldn't get around to the rear of the building then for parking and deliveries. Mr. Mueller said he would provide additional shrubbery and plants in the e xisting green areas as they now exist. M ahlon Swedberg said he had no difficulty with this proposal and moved to approve the waiver as requested, subject to the additional shrubs and p lantings as noted. Glen Christiansen seconded the motion and upon vote carried unanimously. 82-7-20 (Map 12) Industrial 1114 Zane Avenue North Shwnacher Meats, Inc. The Petition is for waiver of Section 7 .05 of the Industrial Zoning Code, for 10 f eet off the required 20 feet building s etback to a distance of 10 f eet f rom the north lot line to the proposed addition to the e�sting building. Mr. John Shumacher was present with his architect, Mr. Fran Schuck. Approval had been obtained from the adjacent properties. (Mr. Alvin Okens of Zane Properties and Mr. John Richter, 5905 Golden Valley Road. ) Noting previous neighborhood concerns and interest in zoning and construction within this area staff sent notices of the Board meeting to the following residents: Norbert Friedma.n, 1121 Welcome Circle Ivan L. Kadiesky, 1117 Weldome Circle D onald J. Casperson, 1113 Welcome Circle Dean Knutson, Jr. , 1109 Welcome Circle Jeffrey Carlson, 1105 Welcome Circle M arvin Knichman, 1101 Welcome Circle, Robert C. Teitelbaum, 5705 Phoenix St. , C arl and Ann Wilson, 1123 Welcome Circle. F ��,`'�;j Board of Zoning Appeals Page 5 July 13, 1982 Most were in attendance. The architect described the proposed addition as for the purpose of improving production f low and for adding new work area and cold storage. He described that the area where the variance was requested was necessary for the mechanical refrigeration equipment which must be separated from the freezer and work area. While the compressor equipment is inside, a condensing unit outside would be in the corner along the north wall next to the proposed addition and it would be screened and the equipment is designed to meet required sound decibel standards. Drawings of the proposed addition and the site plan which showed the parking and landscape were displayed and reviewed. The addition would be brick similar to the existing. The structure would be approximately six feet higher than the existing building and it was described that this additional height would f urther screen the noise and equipment on the present roof. Mr. Shumacher noted the neighborhood concerns and said he had met with many of the residents and felt tha.t when completed, the overall structure would provide better esthetics, sound control, inside storage, etc. , than the s ite now has. Mr. Shumacher explained his verbal agreement and assurances that he gave to Mr. John Richter regarding noise and appearance when seeking his consent as the adjacent property owner to the variance. Mr. Carl Wilson spoke as representative of the neighbors in attendance and he described and presented to the Board a set of conditions the neighbors would like addressed as part of waiver approval. These were for assurance that all noise of equipment would meet all required standards and that a p arking agreement initiated in 1973 between the City and Okens Properties be reinstated for the 60 foot parcel thafi Mr. Shumacher now has where part of the addition is proposed and also additional parking for vehicles is p lanned in order to meet City requirements. Secretary, Lloyd Becker, explained the parking agreement referred to and described the area from a plot plan on file. This agreement, as noted, p rovided for additional parking for Zane Properties across f rom what is now Continental Foods. In this agreement among other conditions, required that parking be limited to automobiles and passenger vehicles and no trucks. W hen Mr. Shumacher purchased the 60 feet in August of 1974, this requirement w as waived for the portion. Throughout further discussion, Mr. Shumacher described that he would put the e xisting fence back up along the east lot line. That outside storage that now exists would be contained in the building. That one existing roof top unit, which is apparently the most noisy, would be removed f rom the existing r oof. That for as long as he owns and operates the structure and business, he would make every attempt to comply with the agreement that originally applied to his 60 f oot parcel, which limits parking in that area to passenger vehicles only. Ann Wilson, in expressing the neighbor's concerns, asked if the Board couldn't make this parking requirement a condition of the waiver approval or make a recommendation against truck parking on the east 60 feet. r-?�� ,;°,. r� � .. Board of Zoning Appeals P age 6 July 13, 1982 Mr. Norbert Friedman expressed his concerns if the property is ever sold a nd would like the Board to recommend to the Council that if ever this p roperty is sold, conditions of the original agreement be reapplied. J ackie Greeman questioned zoning requirements and Board of Zoning Appeal's decision possibilities and questioned how long that this residential neighborhood would have to defend itself. In summary, the Board noted that the concerns f or sound requirements had been addressed by the architect as meeting all state and federal requirements. Mr. Shumacher said regarding trucks, that he didn't plan to have refrigerated u nits parked and running at night. The Board described that the building could be built without the waiver if M r. Shumacher so decided and could meet all requirements with no direct consideration for neighbors. Mahlon Swedberg said that by all his comments, Mr. Shumacher appeared conscious of a responsibility to the neighbors and that he would view the waiver request favorably on Mr. Shumacher's assurances that his intent would be to utilize the parking spaces in the east 60 feet f or passenger vehicles only. Herb Polacheck described the new zoning changes that have been adopted the past year and described that subsequent changes of ownership or occupancy might require a conditional use permit in some cases and that it appeared that there were adequate measures that could be taken at that time to address the concerns of the neighbors as discussed. G len Christiansen moved to approve the waiver as requested, subject to the minutes reflecting the neighbor's concern for noise and parking and Mr. Shumacher's assurances regarding same. Second by Mahlon Swedber� and during discussion on the motion the Board further directed that it be noted in the minutes that it encouraged Mr. Shumacher a nd for any subsequent owner of the property that the intent of the previous agreement that applied to passenger vehicles only in the easterly 60 feet be adhered to. Upon vote, motion carried unanimously for approval. 82-7-21 (Map 14) Industrial 2330 Louisiana Avenue North General Sheet Metal Corporation The Petition is for waiver of Section 7 .05 of the Industrial Zoning Code for 10 feet off the required 10 feet green area along t he south side of the building as it now exists and for 15 feet off the required 25 feet green area along the east lot line t o along the east lot line to a green area of 10 feet width and for waiver of Section f''�? e'' "� (:�� w' Board of Zoning Appeals P age 7 July 13, 1982 7 .06 parking for 5 parking spaces off the required 58 spaces to a total of 53 spaces on the site. M r. James McCarthy, owner, and Mr. Larry Malmin, Architect, were present. Consent had been obtained from all adjacent properties. No others were p resent. This property abuts on the east side a parking lot for Sandburg School. The p arking is zoned institutional and requires a 50 foot setback to any building and 25 feet of green area. If the parking lot was zoned industrial, anly a 20 foot setback is required with 10 feet of green area. To provide the required parking for the proposed addition, the architect has had to utilize the additional green space in the required 25 feet on the east side. The existing building on the south side has a driveway and parking area w hich is blacktopped to the lot line and requires a waiver if it is to continue to exist. Mr. McCarthy described that he owns that additional property to the north which is where the e�ansion is proposed and that it will be combined with the existing property which provides for a lot size of 225 feet in width by 290 feet deep. The architect felt there was a hardship along the east lot line and as it w as only a parking lot with no structure he couldn't see any real impact if the regular requirements for the industrial setback and green area were complied with rather than institutional. During discussion, it was noted that the existing driveway and parking was necessary both for access and to meet the required parking to within the f ive spaces short as requested. M ahlon Swedberg suggested that the 10 feet green area be established along the south side as a condition of the waiver. It was subsequently agreed to that for 35 f eet from the front lot line plus an additional two parking spaces as shown on the site plan be planted as a 10 f oot green strip. The s ite plan with this area defined was signed by Chairman Sell and Mr. McCarthy and noted as Exhibit A, for the record. G len Christiansen moved to approve the waiver as requested subject to the additional landscape on the south side as noted. Second by Herb Polacheck and upon vote carried. �� � '-��.'� Board of Zoning Appeals Page 8 July 13, 1982 82-7-22 (Map 20) Residential 1354 Boone Avenue North Mr. and Mrs. Lee The Petition is for waiver of Section 3A.06(1) front setback for 10 feet off the required 35 feet front setback to a distance of 25 f eet from the front lot line at Boone Avenue t o the proposed deck. Mr. Ching-De-Lee and his wife, May Lee, were present. Consent had been obtained from adjacent neighbors. This is a dead-end street on Boone Avenue located directly across from the General Mills James Ford Bell facility. This lot is only 40 f eet wide and most of the other houses are on similar lots with narrow side yards and limited back yards. Mr. and Mrs. Lee described their proposed deck and noted somewhat similar construction on adjacent houses. The house has two bedrooms at the rear and to place the deck there would be inaccessible and unworkable. The tuck-under garage is below the kitchen and living room and the deck would be over the driveway. Mr. Reubin L. Duerksen of 1361 Mandan Avenue was present and spoke in favor of approval for the Lee's deck. However, he expressed his concern for the methods of construction and especially that at no time in the future could t he area below the deck be enclosed or that the deck area itself would ever be reconstructed into an enclosed room. The Lee's emphatically stated this would not be done. The Lee's had numerous photographs of their existing home and pictures of a typical deck as they propose. The Board noted how carefully they guard the f ront setback areas. However, they also considered the dead-end street and the specific area of General Mills wherein there are no other homes across the street from the Lee's. Mrs. Lee stated that on her petition form she had received permission from General Mills. Mahlon Swedberg moved to approve the waiver as requested and called attention to the hardship of this narrow 40 foot lot for locating any recreational area _ on the property and also that the area is isolated f rom other residential p roperties and has no significant impact as may occur in another situation. Second by Herb Polacheck and on vote carried. �� �-� �, :_`: Board of Zoning Appeals P age 9 July 13, 1982 The secretary reviewed an appeal of a Board of Zoning Appeal's denial at its June 8, 1982 meeting for Mr. A. J. Poppelaars for an addition to his office building at 2485 Winnetka Avenue North. Chairman Sell said he would represent the Board at the Appeal before the City Council. The fees for Board of Zoning Appeals applications were again discussed and the Board recommended that the fees be amended to $35 for residential and $150 f or all others. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 10:45 P.M. � : I. ���.. M ike Sell, Chairman Lloyd G. Becker, ecre ry