08-10-82 BZA Minutes °'��
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
AUGUST 10, 1982
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, August 10, 1982, at 7:30 P.M. in the Council Chambers of the Civic
Center, 7800 Golden Valley Road, Golden Valley, Minnesota
The following Board members were present:
C hairman, Mike Sell
Glen Christiansen
M ahlon Swedberg
Art Flannagan
Herb Polachek (arrived at 8:00 P.M. , due to a prior commitment)
The first order of business was approval of the minutes of a regular
meeting held July 13, 1982, copies of which had previously been dis-
tributed to the Board.
Mahlon Swedberg moved to approve the minutes as written and presented.
Second by Glen Christiansen, and upon vote carried.
82-8-23 (Map 20) Residential
6938 Winsdale
Ervin Gene Aadland
The Petition is for waiver of Section
3A.06(3) side setback for 6.25 feet off the required
11.25 feet setback to a distance of 5.0 feet
f rom the west lot line to the proposed
attached garage.
Mr. Aa.dland was present. Also present was a representative of Gorco
Garage Company, who would construct the proposed addition.
Consent had been obtained from all adjacent properties. No others were
present at the meeting.
There is no garage on the site at this time. The house is one of the first
constructed in this neighborhood and is located 79 f eet back from the lot
line. No ma.tter where a garage would be proposed, either attached or
detached, would require a waiver. The lot is also only 75 feet wide.
M ike Sell asked about the garage width at 21' 6". Mr. Aadland stated this is
the minimum width for a two-car garage to be built. Approximately 3 feet
are lost in the garage because the existing side entry steps from the house
are on the same side. The contractor explained that sufficient wall is also
required for framing for the 16 foot garage door.
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Board of Zoning Appeals
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August 10, 1982
The Board discussed placing a detached garage in the rear. However, there
is a bank at the rear lot line that would require an extensive retaining wall
and would abut closely the neighbors in the rear. Entry to the garage
w ould be almost impossible in this position.
To locate a detached garage in front would directly affect the neighbors
across the street and would visually ruin the present home.
Following further discussion, Mahlon Swedberg moved to approve the waiver
as requested, noting the hardship of the topography in the rear of the
property, the placement of the house originally at 79 f eet from the front
lot line and with this extreme setback the limitation f or any other reasonable
a lternative because of the 75 foot lot width.
Art Flannagan seconded the motion for approval also noting the position of
the existing home and also the consent of the adjacent neighbor who also
has a home and a garage under the same situation and conditions. Upon
vote, motion carried unanimously.
82-8-24 (Map 3) Residential
3215 Kyle Avenue North
Robert M. Vogel
The Petition is for waiver of Section
3A.06(1) front setback for 1.6 feet off the required
35 feet front setback to a distance of 33.4
feet from the front lot line to the e�sting
house.
Mr. Vogel was present and e�lained that the proposed addition to the rear
of the house was in accordance with all requrements. However, in reviewing the
survey of the existing house, it was discovered that it was originally con-
structed at 34.3 feet from the front lot line at its closest point, thus making
the house non-conforming and requiring a waiver for any further expansion.
Mr. Vogel had the consent from all adjacent properties.
The Board, during its discussion, noted the changes in alignment of Kyle
Avenue when constructed and also similar situations along Kyle Avenue where
w aivers had been previously granted.
Noting the hardship of the error in placement of the e�sting house and the
prohibited expense that would be incurred to correct the seven tenths of a
foot error to make it conforming and also noting that the proposed addition
is conforming, Art Flannagan moved to appxove the waiver f or the e�sting
house as requested.
Glen Christiansen seconded and upon vote carried.
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Board of Zoning Appeals
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August 10, 1982
The next item to be considered was the property at 1511 Zealand Avenue North,
Chehrzad Shakiban. Mrs. Shakiban had telephoned that she would be late as
she was at the airport and her husband had just arrived f rom England.
M ahlon Swedberg moved to place this item last so it could be heard when the
p roponents arrived. Second by Art Flannagan and upon vote carried.
82-8-26 (Map 12) Light Industrial
5738 Olson Highway
Weinstein International Corporation
The Petition is for waiver of Section
6 .07(C) landscape f or 7 feet off the required 10
feet of green along the east lot line to
a distance of 3 feet f rom the lot line to
the proposed new curb and gutter on the
p arking lot addition.
The petition was in order. Consent had been obtained f rom adjacent properties.
Mr. Ed Bender, of Weinstein International, was present. Mr. Bender explained
that their proposal was to e�and their existing parking lot at the rear.
However, along the east side which now exists at approximately 8 feet at the
f ront and 1 feet toward the rear as blacktop f rom the east lot line, the
proposal was to upgrade with curb and gutter and run a continuous driveway
a nd parking area at 3 feet f rom the east lot line.
During discussions, Glen Christiansen noted the existing parking in front of
a portion of the building and suggested this be considered f or conversion to
green area. It was noted that approximately 200 f eet in front of the building
is State Highway property, however that portion f rom the f ront lot line of
W einstein International could be converted to green area.
On reviewing the site plan, the Board noted the necessity for at least 17 feet
wide drive area along the east side of the building so vehicles could pass on
e ntering or leaving and also to provide for emergency vehicles such as ambulance
and police and fire trucks. The Board noted that it is a hardship as the
building is now constructed on the lot and that the only access to the rear
p arking is along the east side of the building. In reviewing the site plan, the
Board declared it as Exhibit "A" for this proposal and in discussions with the
p roponent agreed that beginning at the south lot line and north along
the east lot line for a distance of 180 feet a waiver of 5 feet off the
required 10 feet of green could be considered. And beginning at the 180
f eet and continuing to the north lot line a waiver of 7 feet off the required
10 feet of green could be considered to a distance of 3 feet from the lot
line to the proposed curb and blacktop. The Board also drew in the area
in front which should be removed from parking and made it green area.
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Board of Zoning Appeals
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August 10, 1982
Following the setbacks and green areas being physically drawn on the exhibit,
Glen Christiansen, while noting the topography of the existing parking lot, the
h ardship involved because of the extreme drop off at the rear and the necessity
of maintaining sufficient area on the east side for all vehicles previously
noted, moved to approve a waiver of 5 feet off the required 10 feet landscape
beginning at the south lot lie and north for 180 feet along the east lot line
a nd for 7 feet off the required green area f rom that 180 feet to the rear lot
line.
Mahlon 5wedberg seconded the motion. Upon vote, the motion carried unanimously.
The Plot plan was signed and dated by Mr. Ed Bender f or Weinstein International,
and Chairman, Mike Sell, for the Board of Zoning Appeals and this will be the
official document on file for this proposal.
82-8-27 (Map 5) Residential
2201 Legend Drive
Michael H. Falnik
The Petition is for waiver of Section
3A.06(3) side setback for 3 feet off the required
15 feet sideyard setback to a distance of
12 feet from the north lot line to the
p roposed deck catwalk to the rear main deck.
Mr. Falnik was present. Consent had been obtained f rom all adjacent
properties. Mr. Falnik explained that he has proposed a deck area at
t he rear of his home, however, he has no f easible access to it unless he
can construct this walkway out of the east side of his home as proposed.
He described that he is on a corner lot, with a 35 feet setback required
o n two sides and no other area for privacy or a deck except at the rear.
Mr. Falnik said it would be an extreme hardship to reconstruct the home as
it exists so access could be provided directly to the rear.
Following discussion on the type and appearance of the proposed deck, Art
Flannagan moved to approve the waiver as requested noting the requirements
of a 35 foot setback on two sides of the property and the hardship involved
in constructing any other reasonable alternative.
Herb Polacheck seconded the motion and upon vote carried.
82-8-25 (Map 20) Residential
1521 Zealand Avenue North
Chehrzad Shakiban
The Petition is for waiver of Section
3A.06(3) side setback for 2 feet off the required
15 feet side setback to a distance of 13
f eet from the south lot line to the pro-
posed greenhouse addition.
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Board of Zoning Appeals
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August 10, 1982
Chehrzad Shakiban and her husband had now arrived. Consent had been obtained
from all adjacent properties. The present house was constructed on the site
w here an older home had previously been demolished and removed.
The site is on extremely high topography and has terraced walls in front and
along portions of the sides to retain the soils. The existing house sets on an
a ngle and is 24 f eet from the side lot line in the f ront and 20 feet from the
s ide lot line in the rear, thus a portion of the proposed greenhouse attachment
would be in the setback as it is 8 feet wide and 18 feet in depth.
Noting the topography and the placement of the house at an angle on the lot,
Mahlon Swedberg moved to approve the proposed greenhouse limited to the
dimension of not more than 8 feet out from the side of the house and not
more than 18 feet long.
Glen Christiansen seconded the motion and upon vote carried unanimously.
The Board discussed several administrative items with the secretary and
upon motion, second and vote adjourned at 9:25 P.M.
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M ike Sell, Chairman loyd G. Becker, Secretary