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10-11-83 BZA Minutes �' �+'� ��, MINUTES OF A REGULAR MEETING OF THE GOLOEN VALLEY BOARD OF ZONING APPEALS OCTOBER 11, 1983 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, October 11, 1983, at 7:30 P.M. in the Valley Room of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Chairman, Mahlon Swedberg Herb Polachek Mike Sell Glen Christiansen Larry Smith, alternate Absent by prior arrangement, Art Flannagan. The first order of business was approval of the minutes of a regular meeting held September 13, 1983, copies of which had previously been distributed to the Board. Mike Sell moved to approve the minutes as written and presented. Seconded by Glen Christiansen and upon vote carried. 83-10-22 (Map 4) Residential 2941 Cherokee Place Wayne L. Warndahl The Petition is for waiver of Section 3A.06(1 ) frcn�c setback for 18 feet off the required 35 feet setback from Normandy Place to a setback of 17 feet from the north lot line to the proposed new garage at its closest point and for waiver of 3A.10(1 ) to locate an accessory building to the side rather than rear of the principal structure. (Note, this proposal is to replace an existing garage with a new garage in the same location only slightly larger.) Mr. and Mrs. Warndahl were present to explain their request. The Petition was in order and consent had been obtained from all adjacent property owners. Mr. Warndahl explained that he has an existing garage in the proposed location. It is 20 ft. by 20 ft. , is deteriorating and very small for two cars and any storage. He proposed a garage in the very same location after the old garage is removed. This garage would be 24 ft. by 24 ft. and would provide some storage space. The front setback where the old garage exists would be main- tained. The Board questioned Mr. Warndahl why he didn't propose to move the new garage further back. He explained that the lot slopes substantially to the rear and when the garage is built four feet larger he is about as far back on the hill that he can reasonably go. � �_� Board of Zoning Appeals Page 2 October 11, 1983 Mike Sell noted the topography and the substantial foundation walls and fill that would be required if set further back. Sell said it appears the additional four feet in depth of the proposed garage is about the limit one can feasibly go. Following discussion and the relationship of the proposed garage to the sur- rounding properties, Mike Sell moved to approve a waiver for 20 feet off the required 35 foot front setback to a distance of 15 feet from the north 1ot line to the closest corner of the garage adjacent to the east lot side. This, in effect, is no closer than the existing garage as shown on the survey submitted with the application. Sell , in moving for this approval , noted the hardship of the topography and also that this is a corner lot with no other alternatives. Larry Smith seconded the motion and upon vote carried unanimously. 83-10-23 (Map 20) Residential 1407 Orkla Drive Louis W. Rocheford The Petition is for waiver of Section 3A.06(1 ) front setback for 11 feet off the required 35 feet to a distance of 23 feet from the front lot line to the proposed garage addition. Mr. and Mrs. Rocheford were present. The petition was in order. Consent had been obtained from all adjacent properties. Chairman Swedberg prefaced any discussion by noting that the front setback is the most sensitive area regarding setbacks and asked if the Rochefords had explored reasonable alternatives. Mr. Rocheford said the survey he submitted shows his existing house to be 41 .8 feet from the front lot line at its closest pont. The house sits on an angle on the lot and the lot is 80 feet in width in front and 95 feet in the rear. Orkla Drive curves at this point and he said even with the proposed addition, his neighbor's house would still be ahead of his. Glen Christiansen said he had looked over the site thoroughly and in his view the proposed addition would not seriously affect adjacent properties. Mr. Rocheford said they had looked at a detached garage to the rear but the lot slopes to the side so much you couldn't drive around the house and the back of the lot drops off so much you couldn't get in and out. Mahlon Swedberg said he also noted the topography to the rear and that the total depth of the garage is 22 feet de�p, at the point it connects to the house where an offset exists. The Board, in their discussions, all agreed any alternatives were not practical and that the topography and street configuration were extenuating factors. �_��_�_ Board of Zoning Appeals Page 3 October ll, 1983 Glen Christianson moved to approve the waiver as requested. Mike Sell seconded the motion noting the hardship of topography and lack of alternatives. Upon vote motion carried unanir�usly. P 83-10-24 (Map 21) Residential 1 Ork a Drive David E. Wiebusch The Petition is for waiver of Section 3A.06(3) side setback for 7.2 feet off the required 12.0 foot side setback to a setback of 4.8 feet from the west lot line to the proposed garage addition at its closest point. Mr. and Mrs. Wiebusch were present. Consent had been obtained from all adjacent properties. The petition was in order. This is a 10 foot wide addition to an existing attached garage, which is 14 feet wide. The back yard abuts the railroad tracks and has problems of topo- graphy for construction of a detached garage. The lot is 113 feet wide in the rear and 80 feet wide in front. Had the northwest lot line not been on an angle, ample room would have been available from the lot line. Larry Smith said that while this is closer than he would like to see, the proposal is very typical of others the Board had approved and is consistent with a typical proposal for expansion to a two-car facility. He noted the width is about minimum to provide for framing of a two-car garage door and for a minimum of storage space. Sell noted that based on existing construction, there is no reasonable alternative. Larry Smith moved to approve the waiver as requested to a dis- tance to the garage of 4.8 feet from the lot line at its closest point. Second by Herb Polachek and upon vote carried unanimously. 83-10-25 (Map 15) Residential 0 ympia Howard Gilbert The Petition is for waiver of Section 3A.06(3) side setback for 3.4 feet off the required 15 feet to a setback of 11.6 feet from the west lot line to the proposed addition. The petition was in order. Consent had been obtained from adjacent neighbors. Mr. Gilbert was present to describe his proposed addition. � ��;_ ����. Board of Zoning Appeals Page 4 October 11, 1983 The secretary noted that this property had been subdivided from a larger parcel about five years ago and upon subdividing Mr. Gilbert had received a waiver from the adjacent side lot line to construct the house as it now exists. This is a corner lot with two 35 foot setbacks required and in effect has no backyard. The secretary noted that approximately a year before Mr. Gilbert constructed his home the adjacent neighbor had received a side lot waiver to construct an addition to within five feet from the lot line that abuts Mr. Gilbert. Following review of the adjacent property and noting there were no other alternatives for construction on this lot. Glen Christiansen moved to approve the waiver of 3.4 feet from the required 15 feet setback to a distance of 11 .6 feet from the west lot line to the proposed addition. Second by Mike Sell and upon vote carried unanimously. 83-10-26 (Map 18) Residential 35 Kentucky Avenue South Michael R. Sigelman The Petition is for waiver of Section 3A.09 height for a radio tower in excess of three (3) stories in a residential zoning district to a proposed height of 40 feet from ground level to top. Mr. and Mrs. Sigelman was present. Consent had been obtained from all adjacent properties and Mr. Sigleman noted he obtained even further approvals than required. He described previously by letter in his application and verbally at the meeting that he "previously had this antenna up and in use at another home- site on Unity Avenue". He subsequently moved to another state for a period of time and upon his return to Golden Valley checked with the Building Department to see if his antenna would be approved for another location in the City. Mr. Sigelman said he had been assured by the Building Inspector that he could and that 40 feet of height was allowable. The secretary described that the Zoning Code had been changed which described allowable height in residential to three stories. He said it was questionable whether this could be interpretated as meaning 40 feet even using 10 foot room heights and allowing for the gable roof on a house. Mr. Sigelman said he was upset because he felt he had been misinformed prior to purchasing his home and had he known he might not be able to use his antenna, he would not have located in Golden Valley but quite possibly Edina or similar suburb. The secretary noted that at this time most communities do not have specific ordinances in place that address such structures as radio antenna, windmills, wind generators, etc. , and that past practice in Golden Valley has been to address these requests by the Board of Zoning Appeals for interpreation and approval or denials. As no ordinance can be written to address each specific situation or installation, this practice as provided for by ordinance will continue. �:# -,, �.__.-� Board of Zoning Appeals Page 5 October 11, 1983 Mahlon Swedberg noted that this proposed tower is approximately five feet higher than a three-story building and some roof top antennas may reach this height. Herb Polachek noted the situation Mr. Sigelman found himself in was unfortunate and caused by ordinance changes. The Board discussed the Ham radio hobby with Mr. Sigelman with interesting descriptions of antenna requirements and radio transmission and reception. Larry Smith said the proposed tower does not appear to have a significant effect to surrounding properties and he also was sympathetic to Mr. Sigelman being caught between ordinance changes. Herb Polachek moved to approve the waiver as requested. Second by Larry Smith and upon vote carried unanimously. Mrs. Sigelman asked to speak to the Board. She questioned whether the antenna absolutely had to be in the backyard and she had a site plan she had prepared which showed possibly side yard location. The Board noted that it had not set a specific location in their approval and that if it was to be located in the sideyard, the side setbacks would have to be met. 83-10-27 (Map 18) Commercial 662 Wayzata B vd. present y Arthur Treacher's) Taco Bell Restaurants The Petition is for waiver of Section 5.05(5) parking for 15 spaces off the required 40 parking spaces to a total of 25 on the site and for 5.05 loading and unloading area off-street Their petition was in order. Consent had been obtained from all adjacent properties and letters of said consent were also mailed to the City staff. Mike Madden of Taco Bell was present. Mr. Madden described the Taco Bell operations. He noted a traffic study had been done by a professional from Chicago and this study shows an average pro- jection of 22 cars on the site during peak operations. �:: -, ;� �;__ "_� Board of Zoning Appeals Page 6 October 11, 1983 The secretary, Lloyd Becker, provided background of previous approvals when Arthur Treacher's was constructed. The plat and plans for the Arthur Treacher's was approved by the Golden Valley City Council on September 8, 1970. At that time, a conditional use permit was required in the commercial district. The property is zoned industrial . There is no record of a conditional use permit having been issued at the time the restaurant was approved. The proposed plan which is very similar to the one on file for the building has provision for 25 cars and a loading area adjacent to the new walk-in cooler addition. The Board further discussed in details the traffic and surrounding property and parking. It was noted that on occasion it appeared that parking across the street at Menard's was used. Mahlon Swedberg noted previous Council approval when the present structure was built and there does not appear to be alternatives to this proposal for addi- tional parking on the site. � Mike Sell moved to approve the waivers as requested, less the waiver for loading and unloading area, as there is one on the site adjacent to the new addition. Herb Polachek seconded the motion for approval and upon vote it was four ayes and one nay (Christiansen). Motion carried. The plot plan provided by Taco Bell was signed and dated by Mahlon Swedberg as Exhibit "A" and was also signed by Mr. Mike Madden for Taco Bell and will remain on file as the approved plan. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:40 P.M. �������:��l�y Mahlon Swedberg, Chairman Lloyd G. Becker, Secretary