06-14-83 BZA Minutes �-`�,�
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEAI.S
J UNE 14, 1983
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, June 14, 1983, 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, Mahlon Swedberg
Glen Christiansen
Art F1 annagan
Nerb Polachek
Absent by prior arrangement, Mike Sell.
The first order of business was approval of the minutes of a regular meeting
h eld May 10, 1983, copies of which had previously been distributed to the Board.
A rt Flannagan moved to approve the minutes as written and presented. Second
by Herb Polachek and upon vote carried.
83-6-10 (Map 4) Residential
2 0 Kyle Avenue North
The East half of Lot 9, the South 21 .59 feet of the East half of Lot 8,
Block 2, Golden Valley Gardens
P atricia R. Haley
The Petition is for waiver of Section
3A.06(1 ) front setback for 23.95 feet off the required
35 feet setback from 27th Avenue North, to a
proposed setback of 11.05 feet from the lot line
t o the garage addi ti on.
The Petition was in order, consent had been obtained from adjacent properties
e xcept for 2715 Kyl e Avenue, whose resi dents stated on the peti ti on they had
no objection to the proposed garage add�tion, but they would not sign in favor
because they felt they were not properly notified of a City storm sewer pro-
posal fifteen years ago.
P atricia Haley was present for the meeting. Also present were Mr. and Mrs.
Clifford Smith of 2251 Kyle Avenue North. The Smith's are directly across
f rom thi s proposed addi ti on.
C hairman Swedberg noted that the petition also contained a letter from Patricia
H aley's Orthopedic Physician, who described the back problem that necessitated
M s. Haley to have a ri di ng 1 awn mower and ri di ng snow thrower.
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Board of Zoning Appeals
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J u ne 14, 1983
Ms. Haley said the present single-car garage is inadequate to house her car and
the other yard accessories and equipment.
The secretary had provided the Board with copies from the City files of surveys
done on the homes on 27th Avenue west from Kyle. This showed all those homes at
2 0 to 22 feet from 27th Avenue. Ms. Haley's home is at 20 feet. Also described
w as that 27th Avenue directly east across from Ms. Haley's home had been vacated
y ears back and the lots replatted. The house directly across the street is
a bout centered on the former right-of-way.
A rt Flannagan exp ressed his concerns about the setback requested and sug-
gested that Ms. Haley construct the existing garage in depth rather than expand
o r else build a new detached garage in the rear.
M s. Haley had pictures of the site and the Board members had also reviewed it.
She called attention to the drop from 27th into her yard and said it would be
extremely difficult, if not impossible, to use a detached garage and enter from
27th Avenue. She also said esthetically , in her opinion, it would ruin the
s i te.
M r. Smith asked to speak and noted, that as probably the most affected neighbor,
h e had no ojection and they would much rather see the addition proposed than
a ny of the al ternati ves di scu ssed.
T he secretary also confirmed that the proposed addition did not create a corner
visibility problem.
F ol l owi ng further di scu ssi on on any al ternati ves, a revi ew of the proposed
a dditional landscape for the addition and the question of possible precedents
if the waiver was granted, Glen Christiansen moved to approve the waiver
as requested noting the hardship created by a corner lot with two 35 foot set-
backs required, the fact that the house exists at only 20 feet from 27th Avenue,
a nd also that 27th Avenue is not a through-street at this point which should not
c reate a line of site problem or precedent. Ch ristiansen also noted the
topography from 27th Avenue. Second by Herb Polachek and upon vote carried
u nanimously.
83-6-11 (Map 8) Mul tipl e
Theo ore W�rth Pa way
(Southwest corner Highway 55 &
Theodore Wi rth Parkway
Southwirth Development Corporation
That part of Lot 328, lying south of the north 1 foot thereof and Lots 212,
213, 214, 215, 216, 217, 218, 219, 220, 221 , 281 , 282, 283, 284, 285, 286,
2 87, 288, 289, 320, 321 , 322, 323, 324, 325, 326, 327, 395, 396, 397, 398,
3 99, 400, 401 , 402, and 403, "GLENWOOD", accord�ng to the recorded plat
t hereof.
The adjoining West Half of the vacated alley lying between the Easterly
e xtensi ons across i t of the No rth 1 i ne of Lot 220 and the South 1 i ne of
Lot 212;
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Board of Zoning Appeals
P a ge 3 !,
June 14, 1983 I�
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The ad,joining East Half of the vacated alley lying between the Wes�terly
e xtensi ons across i t of the North 1 i ne of Lot 281 and the South 1 i ne of
Lot 289 and
The West Half of vacated Sunnyridge Lane (formerly Archibald Avenue) lying
between the Easterly extensions across it of the North line of Lot 281 and
the South line of Lot 289;
That part of the East Half of vacated Sunnyridge Lane (formerly Archibald
Avenue) lying between the Westerly extensions across it of the North line
of that part of Lot 328 ly�ng South of the North one foot thereof and the
South line of Lot 320 and
T hat part of the West Ha 1 f of the ad,j oi ni ng vacated al l ey ly i ng between the
E asterly extensi ons across i t of the North 1 i ne of that part of Lot 328
lying South of the North one foot thereof and the South line of Lot 320;
The East Half of the vacated alley lying between the Westerly extensions across
it of the North line of Lot 395 and the South line of Lot 403;
That part of vacated France Avenue dedicated in the plat of "GLENWOOD"
lying between the Easterly extensions across it and the North line of
L ot 395 and the South 1 i ne of Lot 403.
The Petition is for waiver of Section
4 .04(1 ) & (2) Front yard setback and parking area setback,
for 18 feet off the required 35 feet to a
distance of 17 feet from the north lot line
to the proposed rr�ltiple dwelling structure
at its closest point and for parking spaces
a nd dri veway wi th�n the requi red 1 andscape
a rea al ong the north 1 ot 1 i ne begi nni ng at the
w est l ot l i ne and easterly for 485 feet and
a s descri bed per pl ot pl an recei ved May 27,
1983 and on file at the Department of Zoning
& Inspections, Civic Center, City of Golden
Valley 7800 Golden Valley Road, Goiden Valley,
MN.
T he Peti ti on was i n order. Consent had been obtai ned f rom al l but ane
a djacent property, whose owners coul d not be contacted.
Present for the request were George Sherman and Pete Boosalis, the developers.
No adjacent property owners were present. The developers had a large scale
model at the meeting and reviewed this with the Board.
The secretary, Lloyd Bedcer, had asked the City Engineer, Lowell Odland, to be
p resent to expl ai n the ri ght-of-way properties along O1 son Hi ghway and the
service road. Ti tle, right-of-ways and topography are the hardsh�ps that
have created the situation for the variance as described by the developer.
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Board of Zoning Appeals
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J une 14, 1983
They noted all the preliminary soil work required before construction could
begin and they described the necessity for 100 foot deep pilings for the
bui 1 di ng.
N oting the costs of construction, Mr. Boosalis said the project had a value of
7 .1 mi 11 ion dol l ars based on $90 a sq. ft. construction costs.
F ollowing further deta�led review of the site plan, Art Flannagan moved to
approve the waivers as requested, noting the extreme hardship of the soil
c ondi ti ons and the ri ght-of-way probl ems al ong Ol s on Hi ghway. Upon vote, moti on
carried unanimously.
T he site plan provided with the petition was signed and dated by the Chairman
o f the Board of Zoni ng Appeal s, Mahl on Swedberg and by Mr. Boosal i s and Mr.
Sherman, the developers. This site plan was designed as Exhibit "A", for the
approvals and is the official document for the Board's action and will be
k ept on file.
T he Board asked the secretary to review for them the current status of
construction in the City and also any new proposals being considered.
F ollowing an update, the secretary agreed to provide a copy of the Valley
S quare proposal s to Chai rman Swedberg and after hi s revi ew, they wi 11 be
f orwarded to each Board member for their information.
T here being no further business to come before the Board, it was moved by
Flannagan, second by Polachek and upon vote carried to adjourn at 9:30 P.M.
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Mahlon Swedberg hairman Lloyd G. Becker, Secretary