01-10-84 BZA Minutes � � ��
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
January 10, 1984
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, January 10, 1984, at 7:3U P.M. in the Council Chambers of the Civic
Center, 7800 Golden Valley Road, Golden Valley, Minnesota.
The following Board members were present:
Chairman, Mahlon Swedberg
Herb Polachek
Mike Sell
Art Flannagan
Absent by prior arrangement, Glen Christiansen. No alternates available for
this meeting due to prior commitments.
The first order of business was approval of the minutes of a regular meeting
held December 13, 1983, copies of which had previously been distributed to
the Board.
Nerb Polachek moved to approve the minutes as written and presented. Second
by Mike Sell and upon vote carried.
84-1-1 (Map 8) Residential
Lot 3, Block l , Gruskin Gardens
(A lot next west of 4240 Glenwood Avenue
Herbert Polesky and Susan Lentz
The Petition is for waiver of Section
3A.10 Accessory buildings, Section (1 ) of the Zoning
Code to permit a detached yarage to be constructed
in front of a proposed new residential dwelling.
The petition was in order, consent had been obtained from adjacent properties.
Present for the meeting was Ms. Susan Lentz and Mr. Ralph Rapson, architect
for the proposal .
Ms. Lentz described three reasons for the waiver request:
1 . The characteristics of the lot includiny the ravine in the
center of the property are the physical hardships associated
with the site.
2 . In constructing a house on this lot, the proponents would
like to preserve the trees and utilize the unusual characteristics
of the property with the design and placement of dwelling and garage.
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Board of Zoniny Appeals
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January 10, 1984
3. The proposed house would be constructed to provide for
passive solar design and by locating the structure toward
the rear of the lot, maximum advantage could be taken of
the southern exposure while also providing a setback that
would soften the traffic noise from Glenwood Avenue.
Ms. Lentz said the intent is to make the garage as esthetically pleasing as
possible. The garage doors would not face Glenwood Avenue, a turnaround
area would be provided adjacent to the garage so it would not require
backing out on Glenwood and substantial landscape is proposed for around
the garage.
Ms. Lentz had personally visited with all of the adjacent neighbors.
Mr. Rapson, the architect introduced himself to the Board and went on to further
describe the details associated with the site and the structure. Several
sketches were shown the Board. The garage was described as a two-car plus
some storage room.
The Board and the architect discussed some of the difficulties on the site for
placement of the sewer and water and the architect said special attention is
necessary to those services and while costly, they are resolveable.
Dr. Warren L. Kleinsasser, 20 Ardmore Drive, was present in the audience and
addressed the Board. He explained he abuts the property of Susan Lentz and
while he didn't sign the petition originally, he had the opportunity to review
the proposal with Ms. Lentz and also talked to the other two adjacent neighbors
and they had no objection to the waiver as requested.
Herb Polachek noted this appeared to be a good compatible solution to a
difficult lot for development.
Mahlon Swedberg commented that this lot and the characteristics and topoyraphy
typify why there is a reason for a Board of Zoning Appeals in the community.
Herb Polachek moved to approve the waiver to locate the detached garage forward
of the proposed home as requested and noted on the site plan.
Second by Art Flannagan and upon vote carried unanimously.
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Board of Zoning Appeals
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January 10, 1984
84-1-2 (Map 11) Institutional
600U Duluth Street
King of Grace Evangelical
Lutheran Church
The Petition is for waiver of Section
11.08 for 17.8 feet off the required 35 feet green
area along the west lot line (Brunswick Avenue)
to a distance of 17 .2 feet from the west lot
line to the parkiny area as it now exists at
its closest poi'nt.
The petition was in order. The church had held an informational meetiny
for all adjacent property owners. Notices as required were sent by City
staff to all adjacent properties.
Several representatives for the church were present as well as neighbors and
the architect.
Mr. David Moeller, a member of the congregation and also a church planning
commission member, spoke for the proposal . He described the meeting with the
neiyhbors, none of whom objected to the church's proposed addition or the
existing parking lot along Brunswick Avenue. Mr. Moeller said it was the
position of the church that their interpretation of the Zoniny Code is that
if no construction or expansion was proposed for the existing parking lot, that
there shouldn't be a waiver requirement to address to add on a fully-conforminy
addition to the church.
The secretary for the Board of Zoning Appeals explained that the City Attorney's
opinion on this matter is that the use was all encompasing and if any portion of
the use that was non-conforming was proposed for expansion, the non-conforming
area must be addressed.
The secretary described the background of the site based on information from
the City files and the pians that the building permit was issued upon. It
appears that the final plans represented an administrative oversight and quite
possibly an error by the architect, as the required 35 foot setback was noted
on the site plan.
Art Flannagan said he was on the City Council when they approved the church as
it now exists. Mahlon Swedberg said, also as past history, he was on the
P7ar�niny Gc�i.u;�ission di that tirue. Neither could recall any considerations in
approvals or recommendations that provided for a waiver of the parking lot
location.
Mahlon, in recalliny the Planning Commission actions, said the reason for the
required 120 foot setback on the north portion of the site when lots l , 2, 3
and 4 were rezoned, was that it was just becomming apparent that churches were
no longer a Sunday morning use, but were being utilized almost daily for church
functions and religious education and the 120 foot setback provided further
buffer to the residential properties.
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January 10, 1984
Pastor Eckhoff spoke to the Board and yave his personal comments on the
meeting with the neighbors which included slides of the proposal . Mr. Al
Mojurad, the architect, representiny the church also did an overview and
described the existing parking area as bermed and well landscaped. He noted
strict enforcement of the Zoning Code would require removal of an entire row
of parking spaces on the lot abutting Brunswick Avenue and would be an extreme
hardship to the church.
Art Flannagan said he didn't see the parking as it now exists as a real problem
and evidently an error had been made. Flannagan suggested granting approval
of the proposed addition without any requirements for reconstruction of the
parking lot.
Mike Sell asked if was feasible to grant a waiver of the non-conforming
requirements of Section 14.02 of the Zoning Code which would allow for the addition
but not permanently provide for the non-conforming area of the existing parking
lot. Art Flannagan said this was his intent.
Mahlon suggested this would be in the best interests of both the church and
the City and would allow the Church to proceed at this time with the addition,
but would also allow the City to address the parking lot in the future should
the church have further proposals for consideration of expansion.
Herb Pol�chek concurred. The secretary confirmed that the City Attorney had
noted during a staff review that this was an option available to the Board.
Noting all of the above, Art Flannagan moved to deny the waiver as requested and
to approve a waiver of the requirements of Section 14.02 of the Zoning Code
(non-conforming uses and structures) to provide for the proposed church addition
without a variance for the non-conforming parking area as it now exists.
Mike Sell seconded the motion and upon vote it carried unanimously.
The Chairman discussed several administrative items with the Board including
reappointments by the City Council in April , 1984.
There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn at 9:00 P.M.
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Mah on Swedberg, Chairm oyd G. e er, Secretary
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