05-10-83 BZA Minutes ��;`�?
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MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
MAY 10, 1983
The regular meeting of the Golden Valley Board of Zoning Appeals was held
T uesday, May 10, 1983, at 7:30 P.M. in the Council Chambers of the Civic
Center, 7800 Golden Valley Road, Golden Valley, Minnesota
T he following Board members were present:
C hai rman, Mahl on Swedberg
Herb Polachek
Art F1 annagan
G 1 en Ch ri sti ansen
Mike Sell
The first order of busi ness was approval of the mi nutes of a regular
meeti ng hel d Apri 1 12, 1983, copi es of whi ch had previ ously been di s-
tributed to the Board.
Herb Polachek moved to approve the mi nutes as written and presented.
Second by Art Flannagan and upon vote carried.
83-5-7 (Map 7) Resi denti al
That part of Section 19, Township 29, Range 24 described as follows:
Comnencing 742.5 feet South from a point 1407.936 feet East from the North-
west corner of Section 19; thence continuing South parallel with the West
1 i ne of the No rthwest �/4 of sai d Secti on a di stance of 162.0 feet; thence
E ast paral l el wi th the No rth 1 i ne of sai d Secti on to an i ntersecti on wi th a
line running Northeasterly from a point in the Northerly line of Minnesota
Western Railroad right-of-way distant 1732.136 feet East from the West line
of Section 19 to a point distant 384.344 feet East from the point of begin-
i ng and distant 742.5 feet South from the North line of Section 19; thence
Northeasterly along last described line to said point being 384.344 feet
E ast from the poi nt of begi nni ng; thence West to the poi nt of begi nni ng.
Subject to the rights of the public over that part taken for road.
1040 Angelo Drive
E . I. H. Bennett
The Petition is for waiver of Section
3A.06( 1 ) front setback for one foot off the previously
granted waiver of 23 feet from the front lot
line to a proposed distance of 22 feet from
the front lot line to the proposed entry
enclosure.
Mr. Bennett was present, consent had been obtained from all ad,jacent neighbors.
No others were present for this request.
The secretary informed the Board that a waiver had been granted in 1965 for this
house and others along Sweeney Lake. The waivers were for front setback because
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Board of Zoning Appeals
P age 2
May 10, 1983
Mr. Bennett explained that the front entry was extremely small and because of
s ome previous interior remodeling, it was also awkward as an entryway. The
requirement for waiver is because the proposed revised entry includes enclosure
o ver the existing front step area.
M r. Bennett said the alignment of adjacent houses is not in a straight line as
the street does curve.
M ahlon Swedberg noted that the front setback is most closely guarded and that
w hen constructed, the house was given a waiver at that time. Mr. Bennett said
that in effect he sees that as a hardship because it leaves him no alternative
e xcept for interior ad,justment as any further projection or alteration to the
f ront of the structure requires a waiver request.
A rt Flannagan said he sees this proposal as an improvement in appearance from
the existing straight line of the house and also because of the street con-
figuration and variations in alignment of the adjacent houses it appears to
him to have no detrimental effect to the adjacent properties.
M r. Bennett said the existing front steps and brick planter are crumbling and
these would be removed and new steps installed.
Glen Christiansen moved to approve the waiver for an additional foot to the
p revious waiver granted in 1965 for 23 feet from the front lot line, to a
w aiver distance of 22 feet from the front lot line to the proposed new entry-
w ay. In doing so, Ch ristiansen noted the hardship that exists on the site
because of the steep topography at the rear of the lot which created the need
f or waivers initially to construct the home closer to the front lot line. He
also noted the lack of any other reasonable alternative.
Glen Christiansen introduced and read the following written resolution and
m oved its adoption:
RESOLUTION 83-5-7
(Waiver of Section 3A.06(1 ) - Front Setback)
WHEREAS, the Board of Zoning Appeals for the
C i ty of Go 1 den Va 11 ey has the power and authori ty
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 E. I. Bennett the petitioner herein
to grant a front setback on the premi ses legally
described as:
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Board of Zoning Appeals
P age 3
May 10, 1983
That part of Section 19, Township 29, Range 24 described
as follows: Comnencing 742.5 feet South from a point
1407.936 feet East from the North-west corner of Section
19; thence continuing South parallel with the West line
of the Northwest �/4 of sai d Secti on a di stance of 162.0
f eet; thence East paral lel wi th the North li ne of sai d
Section to an intersection with a line running
Northeasterly from a poi nt in the Northerly li ne of
Minnesota Western Railroad right-of-way distant 1732.136
f eet East from the West line of Section 19 to a point
di stant 384.344 feet East from the poi nt of begi ni ng and
distant 742.5 feet South from the North line of Section
19; thence Northeasterly along last described line to
s ai d poi nt bei ng 384.344 f eet East f rom the poi nt of
begi nni ng; thence West to the poi nt of begi nni ng.
Subject to the rights of the public over that part taken
f or road, for the property located at 1040 Angelo Drive.
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 Va11ey that the following waiver of Section
3A.06(1) is hereby granted, to-wit:
f ront setback for one foot off the previously
granted waiver of 23 feet from the front lot
line to a proposed distance of 22 feet from the
f ront lot line to the proposed entry enclosure,
f or the property located at 1040 An gelo Drive,
Golden Valley.
T he 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: carried unanimously and the following voted against the
s ame: none. Whereupon said resolu tion was declared duly passed and adopted,
s igned by the Chai rman and hi s si gnature attested by the Secretary.
83-5-8 (Map 21) Residential
Lot 15, Block 1, Golden Valley Estates
1296 Castle Court
Larry J. and Susan Davidson
The Petition is for waiver of Section
3A.06(3) si de setback for 6.7 feet off the requi red 12.7
f eet side setback to a distance of 6 feet from
the south lot line to the proposed solarium
( greenhou se).
M r. Davidson was present.
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Board of Zoning Appeals
P age 4
May 10, 1983
The adjacent property is owned by the developer, Denni s Gonyea, who had si gned
the petition in consent.
A waiver for a deck to be constructed to within eight feet of the south lot
line had been approved by the Board of Zoning Appeals in April, 1982. The
w aiver has expired and Mr. Davidson explained that he now wanted the solarium
( greenhouse) because it gave him more room and could use the area almost year
round and explained he could receive substantial tax credit for ener�y savings
both from the Federal and State.
M ahlon Swedberg asked if a smaller greenhouse was available. Mr. Davidson
said there may be but it wasn't practical.
Glen Christiansen noted he moved for approval for the previous deck, but now
there is a new house under construction adjacent to the proposed greenhouse
location and in effect the greenhouse is a room addition.
M r. Davidson said the plans for the adjacent new house show the garage side
toward hi s proposed greenhou se so he coul dn't see any real effect on anybody.
M ahlon Swedberg said that a deck at ground level is used seasonally, does not
have as much effect as the bulk that the greenhouse has and that the intent
of the Zoning Co de for setback s was to provide for open areas between and
around dwellings and structures.
A rt Flannagan said this is a relatively new house in a new development and
t he encroachment of the proposed greenhouse would be an unacceptable precedent.
H erb Polachek noted the adjacent hause is being built on speculation and a new
owner could be surprised by the unannounced greenhouse if constructed and he
a 1 so sai d he recal 1 ed as a member of the P1 anni ng Comni ssi on, they addressed
issues such as the 85 feet width in lot size for this plat and the setbacks
required for dwellings.
Mike Sell moved to deny the proposed variance for the greenhouse structure as
requested. Second by He rb Polachek, and upon vote carried.
N oting the waiver previously granted for the deck only, Mike Sell introduced and
read the following written resolution and moved its adoption:
RESOLUTION 83-5-8
(Waiver of Section 3A.06(3) - Side Setback)
WHEREAS, the Board of Zoning Appeals for the
C i ty of Golden Vall ey has the power and authori ty .
p ursuant to Appendix I, Section 16.00, Subd. 90
of the Ci ty Code, to grant a waiver 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 Larry Davidson the petitioner herein
t o grant a side setback on the premises legally
descri bed as:
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Board of Zoning Appeals
P age 5
May 10, 1983
Lot 15, Block I, Golden Valley Estates
Hennepin County, Minnesota.
WHEREAS, all persons present were given the opportunity
to be heard, NOW THEREFORE
BE IT RESOLVED, by the Board of Zoning AppeaYs for the
City of Golden Valley that the following waiver of Section
3A.06(3) is hereby granted, to-wi t:
side setback for 4.75 feet off the required
12.75 feet to a distance of eight feet from
the south lot line to the deck pas previously
p roposed, for the property located at 1296
C astle Court, Golden Valley.
The motion for the adoption of the foregoing resolution was seconded
by Herb Polachek 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 adopted, signed
by the Chariman and his signature attested by the Secretary.
83-5-9 (Map 14) Industrial
Lot 12 and those parts of 10 and 11 lying Northerly of the Westerly
E xtensi on of the No rth l i ne of Lot 9, Al l i n B1 ock 1, Adverti si ng
C reative Center and Lot 13, Block 1, Advertising Creative Center
7100 Madison Avenue West and
7105 Medi ci ne Lake Road (the proposal i ncludes the two properti es
to be combined as one parcel)
Michael B. Pierce and Jerry Baskfield
T he Peti ti on i s for wai ver of Secti ons
1 .03 (Lot of record) to provi de for two structures on
o ne parcel of land,
and waiver of Section
7 .05(3)c rear setback for 7105 Medicine Lake Road Bldg.
f or 9.8 feet off the required 20 feet setback
to a di stance of 10.4 feet from the lot 1 i ne to the
the proposed addi ti on to the rear of 7105 N�di ci ne
� Lake Road.
For waiver of Section
7 .05(3)d 1 andscape for 40 feet off the requi red 50 feet
of landscape along the west lot line of 7105
Medi ci ne Lake Road to a landscape area of 10
f eet in wi dth (50 feet requi red because it abuts
a residential zoning).
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Board of Zoning Appeals
P age 6
May 10, 1983
For waiver of Section
7 .05(3)d landscape for 10 feet off the requi red 10 feet
green area, at the north lot line of 7100
M adison Avenue to a green area of 0 feet as it
n a� exists as black top parking area.
For waiver of Section
7 .05(3)d landscape for 10 feet off the requi red 10 feet
of landscape along the west lot line of 7100
M adison Avenue to a landscape Area of 0 feet
a s i t now exi sts as bl ack top dri vewa4Y and
p ark i ng area.
Total parking required for both sites is 99 spaces.
Total provided is 99 spaces.
T he petition was in order. Consent had been obtained from adjacent properties
e xcept for Lucille M. Gregerson, the adjacent property owner abutting the west
1 ot 1 i ne of 7105 Medi ci ne Lake Road. Ms. Gregerson resi des at 7125 Medi ci ne
L ake Road and her property is zoned residential. Ms. Gregerson was present
at the meeting.
Mr. Mi chael B. Pi erce, awner of 7105 Medi ci ne Lake Road, was present and with
him was his architect, Mr. Ch arles Novak. Mr. Pierce exlained he had an
option to purchase 7100 Madison Avenue Building subject to approval of the
w aivers proposed.
He described his present business, explained that it has been very successful
a nd that he needed the additional room that he has proposed to add to his
building at 7105 Medicine Lake Road. He said if he purchased the Madison
Avenue property, it would be used as an investment property. However, he
later explained it could be used in part for some tool room storage for his
own facility. For manufacturing processes and continuity, it was best to
h ouse all production facilities in one building.
T he archi tect descri bed the two level s of the proposed addi ti on to the rear
of the Medicine Lake Building. He also reviewed the drainage on both sites
and surrounding property and said if the waivers were approved, they would
correct the storm water drainage problems and clean up the sites.
M ahlon Swedberg exp ressed his concerns about eventually having this lower level
garage door area bei ng used as a 1 oadi ng dock wi th the Madi son Avenue property
to the rear provi di ng access for trucks to the door of the Medi ci ne Lake Road
B uilding.
M r. Pierce said his intent would be a door approximately 8 feet by 8 feet and
p robably use the area to store his boat. Mr. Pierce said he doesn't use or
need all the parking that he is required by ordinance to have.
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Board of Zoning Appeals
Page 7
May 10, 1983
Glen Christiansen said the buildings have to stand on their own and that owners
and occupants chanqe and the purpose of the Zoning Code is to insure they can
m eet adequate parking, setbacks, etc. , no matter who is the owner or occupant.
A rt Flannagan said it appears to him to be a proposed over-u tilization of the
site and while it is desirable to see a successful business, it cannot be to
the detriment of the city and its codes.
Herb Polachek said his best description of what could happen is the same
situation that occurred on Lilac Drive when Flower City took over a previous
c hurch admi ni strati on bu i 1 di ng and created park i ng probl ems because they had
different requirements.
M ahlon Swedberg said he feels the proposal is not in the best interest of
Gol den Vall ey and it goes beyond what i s prudent development for both exi sti ng
sites and is contrary to the intent and good usage of the surrounding property
w hen the "C reati ve In du stri ai Park" was pl atted.
Ms. Gregerson spoke and said the rentention of the required 50 feet of green
a rea adjacent to her house was essential to her. She said when the original
building was built she approved of it based on the requirement by the Board of
Z oning Appeal that the 50 feet of green be there as the code requires. She
n oted she has had offers to sell her home as it is the only residential parcel
T he Board noted what considerations constitute hardship.
Mike Sell described how he saw the two properties could be used and speculated
that the two awners could agree to cross over the Madison Avenue property and
u se a lower level of the Medi ci ne Lake Road Buil di ng.
T he proposed addition would require waivers, however, and no lower level could
be constructed without Board of Zoning Appeals approval.
A rt Flannagan moved to deny the waivers as requested. Second by Glen Christiansen.
M ahlon Swedberg called for further discussion. There being no further comnents,
S wedberg called the vote and it was unanimous to deny the waivers as requested.
T he Board informed Mr. Pierce of the appeal process to the City Council that is
a vailable.
M ahlon Swedberg reviewed several administrative matters with the Board. He
explained the informational materials he received from Mayor Thorsen and the
B oard completed their responses so the forms may be forwarded to the May or.
There being no further business to come before the Board, it was upon motion,
second and vote to adjourn at 9:40 P.M.
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