04-12-83 BZA Minutes ���'
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
APRIL 12, 1983
T he regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, April 12, 1983, at 7:30 P.M. in the Council Chambers of the Civic
Center, 7800 Golden Valley Road, Golden Valley, Mi nnesota
The following Board members were present:
C h ai rma n, Mi ke Se 11
Art F1 annagan
Herb Polacheck
M ahlon Swedberg
L arry Smi th (a lternate)
A bsent by prior arrangement, Glen Ch ristiansen.
The first order of business was the election of a new chairman for 1983.
The secretary, Lloyd Bedcer, called the meeting to order and opened the
p roceedi ngs for nomi nati on for chai rman.
Mike Sell moved to nominate Mahlon Swedberg as chairman for 1983, second
by Art F1 annagan. Larry Smi th moved to cl ose the nomi nati ons second by
Herb Polacheck . The secretary called for a vote on the motions and upon
v ote Mahlon Swedberg was elected unanimously to chair the Board of Zoning
Appeals for 1983.
M ahlon Swedberg called as the first order of business approval of the minutes
of a regular meeting of the Board of Zoning Appeals, held February 8, 1983,
c opies of which had previously been distributed to the Board. Mike Sell
moved to approve the mi nutes as written and presented. Second by Herb Polacheck
a nd upon vote carried.
83-4-6 (Map 8) B.P .O. (Proposed)
Block 1, Lot 1, Meadowbrook School Addition
Independent School District No. 270 (Hopkins)
5400 Gl enwood Avenue (Former Adrrri n. Bl dg. )
T he Peti ti ons are for certai n wai vers requi red for the prel i mi nary
p roposed plat. Se ction
10.07 lot area (1 acre required 43,560 square feet)
f or 9,692 square feet off the required 43,560
s quare feet to a total lot area 33,868 square
f eet (0.778 acre)
10.051 (A) front setback for 8.9 feet off the required
35 feet front setback to a distance of 26.1
f eet from the front lot line to the existing
building.
10.052 (B) for 13 feet off the required 15 feet of land-
scape area required along the west lot line
( in the existing parking area)� to a landscape
a rea of 2 feet i n wi dth.
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Board of Zoning Appeals
P a ge 2
April 12, 1983
D r. E. John Young, Director of Business Affairs for Hopkins School District No.
270, was present. All adjacent properties had been notified, none were present.
W ritten consent had been obtained from all ad,jacent properties.
D r. Young explained that for the last five years the American Diabetes Association
h ad rented the former district office located at 5400 Glenwood Avenue. The
lease had run out and the Diabetes Association has elected not to renew.
The school di strict's buil di ng commi ttee has deci ded to subdi vi de the property
a nd sel l the structure at 5400 Gl enwood Avenue. To do so they have petiti oned
for rezoning to Business & Professional category. The proposed rezoning and
s ubdivision has been before the Golden Valley Planning Co mnission on March 28,
� 1983, and they recommended approval as proposed, subject to subsequent approval
of certain required waivers by the Board of Zoning Appeals and final approval
by the Ci ty Counci 1.
D r. Young explained the proposal in detail. Several waivers of front setback
a long Gl enwood are to the bui 1 di ngs as they exi st and are created by county
a cqui si ti on of further ri ght-of-way.
The other waivers occured as a result of the proposed plat and zoning to Business
& Professional Office. Dr. Young said that following the Planning Comnission
m eeting and in response to questions and advice of their real estate broker,
the Building Committee had met and agreed to propose extending the north lot
line of lot I to the east, to the property located at 5300 Glenwood Avenue
(Boy Scout Of fi ce Bu il di ng). Th is woul d el i mi nate several requi red wai vers
s uch as lot area and green area along the east lot line of lot I.
F ollowing detailed review and questions by the Board, Art Flannagan introduced
a nd read the following written resolu tion and moved its adoption:
RESOLUTION 83-4-5
(Waiver of Section 10.051 (A) - Front Setback)
WHEREAS, the Board of Zoning Appeals for the
City of Golden Valley has the power and authority
p ursu ant to Ap pe ndi x I, Se cti on 16.00, Su bd. 90
of the City Code, to grant a waiver of zoning
o rdinances where it appears that good cause is
s hown to grant said waiver; and whereas good cause
h as been shown by Dr. Young the petitioner herein
t o grant a front setback on the premises legally
d escribed as:
Lot I, Block I, Meadowbrook School Addition,
Hennepi n County, Mi nnesota.
WHEREAS, all persons present were given the opportunity
to be heard, NOW THEREFORE
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Board of Zoning Appeals
P age 3
April 12, 1983
BE IT RESOLVED, by the Board of Zoning Appeals for the
City of Golden Valley that the following waiver of Section
10.051 (A) is hereby granted, to-wit:
f ront setback for 8.9 feet off the required
3 5 feet front setback to a distance of 26.1 feet
f rom the lot line at Glenwood Avenue to the existing
building at its closest point for the property located
a t 5400 Gl enwood Av enu e, Go 1 de n Va 11 ey.
T he motion for the adoption of the foregoing resolution was seconded
by Mike Sell and upon vote being taken thereon the following voted in
f avor thereof; carried unanimously and the following voted against the
s ame: none. Whereupon said resolu tion was declared duly passed and adopted,
signed by the Chairman and his signature attested by the Secretary.
A rt Flannagan introduced and read the following written resolution and moved
i ts adopti on:
RESOLUTION 83-4-6
(Waiver of Section 10.052(B) - Landscape Yard Area)
WHEREAS, the Board of Zoning Appeals for the
City of Golden Valley has the power and authority
pursuant to Appendix I, Section 16.00, Subd. 90
of the City Code, to grant a waiver of zoning
o rdinances where it appears that good cause is
s hown to grant said waiver; and whereas good cause
h as been shown by Dr. Young the petitioner herein
t o grant landscape yard area on the premises legally I
descri bed as: !
Lot I, Bl ock I, Meadowbrook School Addition
Hennepin County, Minnesota
W HEREAS, all persons present were given the opportunity
to be heard, NOW THEREFORE
B E IT RESOLVED, by the Board of Zoning Appeals for the
City of Golden Valley that the following waiver of Section
10.052(B) i s hereby granted, to-wi t:
1 andscape yard area for 13 feet off the required
15 feet of landscape yard required along the west
lot line of Lot I, to a landscape area two feet in
width along the west lot line of Lot I, Block I,
Meadowbrook School Addi ti on, for the property
1 ocated at 5400 Gl enwood Avenue, Golden Valley.
T he motion for the adoption of the foregoing resolution was seconded
by Mike Sell and upon vote being taken thereon the following voted in
f avor thereof: carried unanimously and the following voted against the
s ame: none. Whereupon sai d resoluti on was declared duly passed and adopted,
signed by the Chairman and his signature attested by the Secretary.
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Board of Zoning Appeals
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April 12, 1983
83-4-5 (Map 8) Institutional
Block 1, Lot 2, Meadowbrook School Addition
Independent School District No. 270 (Hopkins)
5 430 Glenwood Avenue - Existing School
T he Peti ti ons are for certai n wai vers requi red for the prel i mi nary
p roposed plat. Section
11.08 frant setback for 6.4 feet off the required
, 35 f�et to a setback of 28.6 feet from the
I f ront lot line to the existing school at
) its closest point.
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W ai ver of Secti on
11.07 si deyard requi rements for 9.8 feet off the
required 50 foot setback from the west lot
line of Lot 1 to the existing school,
f or 45 feet off the required 50 foot setback
t o a distance of 5 feet from the north lot
1 i ne of Lo t 1 to the accessory bu i 1 di ng on
Lot 2 at its closest point,
f or 25 feet off the requi red 25 feet of
landscape area along the lot line adjacent
to the east lot line of lot 1.
Larry Smi th di scussed the requi red waivers for the exi sti ng school at 5430
Glenwood if the proposed plat and rezoning was approved. He questioned
w hether waivers were necessary at this time or more appropriate if the
school ever came in for additions or changes or a new subdivision proposal.
F ollowing discussion, it was agreed that the waivers should be addressed
n ow as they are created as a result of the proposal for 5400 Glenwood. The
s ecretary expl ai ned that actual ly the exi sti ng two bui 1 di ngs on one parcel
of land as such are non-conforming with the present code.
L arry Smith introduced and read the following written resolution and
moved its adoption:
RESOLUTION 83-4-7
(Waiver of Section 11.07 Si deyard Setback)
W HEREAS, the Board of Zoning Appeals for the
City of Golden Valley has the power and authority
pursuant to Appendix I, Section 16.00, Subd. 90
o f the Ci ty Co de, to grant a wai ver of zoni ng
o rdinances where it appears that good cause is
shown to grant said waiver; and whereas good cause
h as been shown by Dr. Young the petitioner herein
t o grant a side setback on the premises legally
d escribed as:
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Board of Zoning Appeals
P age 5
April 12, 1983
Lot I, Bl ock I, Meadowbrook Addition, located
i n Meadowbrook School Addition, Hennepin County,
Minnesota.
WHEREAS, all persons present were given the opportunity
to be heard, NOW THEREFORE
B E IT RESOLVED, by the Board of Zoni ng appeal s for the
City of Golden Valley that the following waiver of Section
1 1.07 i s hereby granted, to-wi t:
sideyard setback for 9.8 feet off the required 50 foot
s etback from the west lot 1 i ne of Lot I, Meadowbrook
Addi ti on, to the exi sti ng school to a setback di stance
of 40.25 feet and for
sideyard setback for 45 feet off the required 50 foot
setback to a distance of 5 feet from the north lot line
o f Lo t I , Me adowbrook to the exi sti ng accessory bu i 1 di ng
o n Lot I I at i ts cl osest poi nt.
The motion for the adoption of the foregoing resolution was seconded
by Art Flannagan and upon vote being taken thereon the following voted in
f avor thereof: carri ed unanimously and the fol l owi ng voted agai nst the
same: none. Whereupon said resolution was declared duly passed and
a dopted, si gned by the Chai rman and hi s si gnature attested by the Secretary.
Mike Sell introduced and read the following written resolution and
moved its adoption:
RESOLUTION 83-4-8
(Waiver of Section 11.08 Front Setback)
WHEREAS, the Board of Zoning Appeals for the
City of Golden Valley has the power and authority
pursuant to Appendix I, Section 16.00, Subd. 90
of the Ci ty Code, to grant a waiver of zoni ng
o rdi nances where i t appears that good cause i s
shown to grant said waiver; and whereas good cause
h as been shown by Dr. Young the peti ti oner herei n
to grant a front setback on the premi ses legally
descri bed as:
Lot 2, Bl ock 1, Meadowbrook School Addition, located
i n Hennepin County, Mi nnesota.
WHEREAS, all persons present were given the opportunity
to be heard, NOW THEREFORE
BE IT RESOLVED, by the Board of Zoning appeals for the
City of Golden Valley that the following waiver of Section
1 1.08 i s hereby granted, to-wi t:
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Board of Zoning Appeals
P age 6
April 12, 1983
front setback for 6.4 feet off the required 35 foot
s etback from Glenwood Avenue to a setback of 28.6 feet
f rom the front lot line of Lot II, Meadowbrook Addition,
5 430 Glenwood to the existing structure at its closest
p oi nt.
T he motion for the adoption of the foregoing resolution was seconded
by Larry Smith and upon vote being taken thereon the following voted in
f avor thereof: carried unanimously and the following voted against the
same: none. Whereupon said resolution was declared duly passed and
a dopted, si gned by the Ch ai rman and hi s si gnature attested by the Secretary.
The Board noted that their actions for approval of the waivers noted are
c onditioned on final approval by the City Council of the revised plat as
presented to the Board of Zoning Appeals by Dr. Young.
Secretary Lloyd Becker brought to the Board's attention a waiver request that
had been approved August 10, 1982, for Weinstein International, 5738 Olson
Highway. This request had been for waiver of certain landscape requirements
along the existing building and for expansion of the parking area to the
north side of the existing structure. The expanded parking and requested
w aivers we re approved for the addition proposed on the site plan. However,
the minutes and waivers granted left it possibly open to question if the
intent of the Board in their approval included the proposed addition. The
B oard discussed their actions and reviewed the proposed site plans that
w ere signed and dated August 10, 1982 and they confirmed that their intent
w as approval for waiver of 3 feet six inches off the required 20 feet side
s etback from the west lot line to the existing building and the proposed
a ddition noted on the plot plan when approved.
Mike Sell introduced and read the following written resolution and
m oved its adoption:
RESOLUTION 83-4-9
(Waiver of Section i1.07 - Sideyard Setback)
WHEREAS, the Board of Zoni ng Appeals for the Ci ty of
G ol den Va 11 ey has the power and authori ty pu rsuant to
Appendix I, Section 16.00, Subd. 90, of the City Code,
t o grant a waiver of zoning ordinances where it appears
that good cause is shown to grant said waiver; and
w hereas good cause has been shown by Weinstein International
the petitioner herein to grant a side setback on the
p remi ses legal ly descri bed as:
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Board of Zoning Appeals
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April 12, 1983
Lot I, Section 33, Township 118, Range 21, Hennepin
C ounty, Mi nnesota, descri bed as fol l ows: Comnenci ng
a t a point in the centerline of County Road 6th
A venue No rth, 339.28 feet east from the west line
of Government Lot 3, thence east along the centerline
of sai d road, 139.25 feet; thence north paral l el
with the west line of Government lots 2 and 3 a
distance of 658.61 feet; thence west 139.25 feet,
thence south to beginning, Except roads.
WHEREAS, all persons present were given the opportunity
to be heard, NOW THEREFORE
BE IT RESOLVED, by the Board of Zoning Appeals for the
C i ty of Go 1 den Va 11 ey that the fol l owi ng wai ver of Secti on
1 1.07 i s hereby granted, to-wi t:
Sideyard setback for 3.6 feet off the required 20 feet
sideyard setback along the west lot line to the existing
building and proposed addition for that part of Lot I,
S ection 33, Township 118, Ra nge 21 , Hennepin County,
Minnesota.
The motion for the adoption of the foregoing resolution was seconded
by Art Flannagan and upon vote being taken thereon the following voted in
f avor there: carried unanimously and the following voted against the
s ame: none. Whereupon said resolu tion was declared duly passed and
a dopted, si gned by the Ch ai rman and hi s si gnature attested by the
S ecretary.
The Board discussed various administrative items, received an update frorn
the Secretary on construction in the City and upon motion, second and vote,
a djourned at 8:45 P.M.
Mahlon Swedberg, Chairm loy . cker, ecretary