07-10-84 BZA Minutes �� , �-�
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MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
July 10, 1984
The regular meeting of the Golden Valley Board of Zoniny Appeals was held
Tuesday, July 10, 1984, at 7:30 P.M. in the Council Chambers of the Civic
Center, 7800 Golden Valley Road, Golden Valley, Minnesota.
The following Board members were present:
Chairman, Art Flannagan
Gary Prazak
Mike Sell
Larry Smith
Herb Polachek (alternate)
Absent by prior arrangement, Mahlon Swedberg.
The first order of business was approval of the minutes of a regular
meetiny held June 12, 1984, copies of which had previously been distri-
buted to the Board.
Larry Smith moved to approve the minutes as written and presented, second
by Mike Sell and upon vote carried.
84-7-21 (Map 16) Residential
6712 Golden Valley Road
Sheila & Richard Miller
The Petition is for waiver of Section
3A.06(1) front setback, for 14.4 feet off the required
35 feet to a distance of 20.6 feet from Golden
Valley Road to the proposed garage at its closest
point and
3A.10(1) accessory buildings, for waiver of the requirement
to locate an accessory structure (garage) wholly
to the rear of the house and to allow it to be
located in line with the front of the
existing home.
The petition was in order, consent had been obtained from all adjacent
properties.
Mr. and Mrs. Miller were present and explained their proposal .
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The property consists of two lots that have previously been combined for
a total width of 99.7 feet. The front and rear lot lines are angled from
west to east with approximately 41 feet from the front lot line to the
existing home at its farthest point to a proposed distance of 20.6 feet
from the front lot line to the garage at its ciosest point.
Mr. and Mrs. Miller described the topography to the rear of the lot which
elevates rapidly and is prohibitive to locating a garage there. Also, if
the garage were placed further to the rear, an adjacent structure is
located five feet from the lot line and the new garage would block the
view of the nei�hbor.
Gary Prazak questioned why the garage couldn't be attached. The Miller's
described the various roof lines of the existing house and it would be
very difficult to do so at this time. The garage as proposed would have
ample side setback so if a breezeway or similar attachment would occur in
the future, the garage would conform to the side setbacks required.
Mike Sell questioned the proposed setback from the front lot line. He
suggested that the Millers have the surveyor come back and restake the
garage if approved to insure it aligns with the existing house rather than
approve the fixed distance of 20.6 feet as proposed. Following further
discussion, Mike Sell moved to approve a waiver of front setback as may
be required to place the proposed garage no further than a line extending
east along the front of the existing house to the garage at its closest
paint to the lot line. Second by Herb Polachek.
Larry Smith noted the substantial improvement this would make to the pro-
perty, and that the proposal is consistent with others similar that have been
granted. In addition, the topography prohibits construction to the rear and
the front lot line as it angles present a hardshp for other alternatives.
Chairman Flannagan called the vote on the motion and it was unanimous
for approval . ,
84-7-22 (Map 18) Industrial
6980 Wayzata Blvd. East side of Louisiana Avenue)
James Lupient
The Petition is for waiver of Sections
7 .05 (yard requirements)
and
13.07(c) (requirements for curb and gutter on parking
lots)
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Board of Zoning Appeals
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July 10, 1984
for 3 feet off the required 35 feet of
landscape area along the north lot line to a
landscape area as it now exists of 32 feet in
width,
for 14 feet off the required 35 feet of
1andscape area along the west lot line to a
1andscape area of 21 feet in width as it now
exists from the northwest corner and south for
230 feet, and
for waiver of the requirement of curb and
gutter around the parkiny lot as it now
exists. (Parking area will be blacktopped
in accordance with design standards and
bituminous curb installed.)
84-7-23 (Ma 18) Industrial
7U00 Wayzata Blvd. West side of Louisiana Avenue)
James Lupient
The Petition is for waiver of Sections
7 .05 yard requirements
for 13 feet off the required 35 feet of landscape
area along the east 1ot line to a landscape area of
22 feet in width as it now exists,
for 23 feet off the required 35 feet of landscape
area along the north lot line to a landscape area
of 12 feet in depth as it now exists.
for 10 feet off the required 10 feet of landscape
area along the west lot line as it now exists and
13.07(c) Requirements for concrete curb and gutter on
parking area.
For waiver of the requirement of curb and gutter
on the site. (Lot to be blacktopped in accordance
with design standards and bituminous curb
installed.)
The Board of Zoning Appeals addressed both requests simultaneously as the
proponent, Jim Lupient, owns both sites and his representatives present
would address both proposals.
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July 10, 1984
The petitions were in order. No adjacent property owners were in attendance.
Mr. Lupient was present. Representing Mr. Lupient were Mr. Steve Schwartz,
his attorney, and Mr. Howard Dahlgren, of Howard Dahlgren and Assoc., Inc.,
Planners and Consultants.
Mr. Dahlgren described his background and previous work on the
comprehensive plan and gave a current overview of I-394 proposed construc-
tion and time schedule. He presented the Board with graphics prepared
this "very afternoon" from data obtained from Minnesota Department of
Transportation. The parameters of construction dates for the area along
Lupient Olds is 1987-1989 with completion in 1989. "The Federal funds
have now been released and right-of-way and construction limits should
be defined by September of this year, 1984."
Mr. Dahlgren said their variance requests are based on allowing the land-
scape areas as they now exist to be an interim period wherein substantial
improvement such as blacktop and bituminous curb will be installed, certain
driveway areas on the sites closed and landscaped and when I-394 is com-
pleted that within 12 months thereafter, Mr. Lupient will complete all of
his improvements in accordance with the Zoning Code and no further
variances will be requested or required.
Mr. Dahlgren explained why it was more practical to wait for site improve-
ments until after I-394 is completed.
�ir. Dahlgren outlined the long-ranye plans for the additional sites to the
north and described their development also hinges on highway right-of-way
acquisition and storm sewer installation.
Overall , Mr. Lupient has 18 plus acres and they will all be addressed in
conformance with the Zoniny Code requirements.
Larry Sm�th questioned when the interim proposal begins and terminates?
Mr. Dahlgren responded that November 1 , 1984, is the timetable to have
removed Budget Car Operations from the 7000 Wayzata Blvd, site and the U Haul
operations from the 6980 Wayzata Blvd. site. He expected the proposed black-
top and bituminous curb be installed by August, 1984, but no later than the
end of construction season in 1984. This would include closiny off the drive-
ways noted and additional landscape added in those areas.
Gary Prazak noted the advantages of closing the driveways and addition of
landscape. The Board discussed the bituminous curb which is proposed as
an alternate to concrete because of extremely poor soil conditions and
because of the temporary nature of the sites until service road right-of-
way is acquired.
Mike Sell gave his observations of previous proposals Mr. Lupient had
presented to the Board over past years and noted that the information now
provided by Mr. Dahlgren and the solutions on an interim basis now pro-
posed appeared constructive and reasonable especially as they relate
to the freeway construction. Sell noted the substantial investment pro-
posed even though much of it will be lost during highway construction.
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Board of Zoning Appeals
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July 10, 1984
Larry Smith said this represents a reasonable conciliatory approach and
also noted the substantial investment that will be made that in effect
will be short lived. He could also look favorably on this interim
proposal because Mr. Dahlgren has stated final construction will conform
to all Zoning Code requirements and no further variances will be requested.
Larry Smith moved to approve the variances for both sites as proposed
conditioned on:
a. Once the sites are finally completed, no variances will be
be proposed or required.
b. The proposed work for the interim status as described be
completed no later than December 1 , 1984.
c. Present waivers extend no longer than 12 months after com-
pletion of I-394 construction in the Lupient Olds area.
The motion was seconded by Mike Sell and upon vote carried unanimously.
The Board noted the excellent and detailed presentation by Mr. Howard
Dahlgren.
84-7-24 (Map 17) Business & Professional
6500 Olson Highway
Teacher Federations
The Petition is for waiver of Section
10.051 front setback, for 15 feet off the required 35 foot
setback from Olson Highway to a distance of 20 feet
from the south lot line to the proposed addition,
for 12 feet off the required 35 foot landscape
area from Country Club D�ive to allow for a
drive-up teller structure,
for 15 feet off the required 35 feet of landscape
area to a distance of 20 feet from the south lot
line along Olson Highway to allow for 10 parking
spaces.
The petition was in order. Present for the meeting was Mr. Paul Horyen,
President of the Teacher's Federation Credit Union, Mr. William Kissinger,
Vice President, Building Committee, Inc., Milwaukee, Wisconsin and several
unidentified Federation Board of Director's members. No adjacent property
owners were present.
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Mr. Horgen gave a background of the Teacher's Federation and a review of
the services provided and number of personnel employed at the site.
Mr. Kissinger presented a background of his firm clients they have served
in the metro area and then gave a detailed presentation of the proposed
construction and installation of automated teller equipment.
Teacher Federation had been granted a previous waiver in 1976 for 15 feet
off the required 35 feet from Olson Highway so an addition approximately 20 x
100 feet could be added. The present addition is similar, however, there
will be a drive-up teller lane on the north side of the existing building and
additional parkiny spaces added on the site beyond that required by the
current Zoning Code.
Mr. Kissinger described the esthetic advantages of maintaining the archi-
tectural continuity by conforming to the south side setback as it now
exists. There will be substantial upgradiny of landscapiny includiny
along the north lot line.
In summary, Mr. Kissinger stated they feel a real hardship exists on the
property as it is faced with the 35 foot setback requirement on three
sides, Country Club Drive, Olson Highway and Douglas Drive. This actually
renders 46 percent of the site unbuildable. He cammented on a second level
hardship which is the present location of the building. The lot is a tri-
angular parcel . The building is located on the smaller, narrow portion and
had it originally been located to the larger west side, the site could have
been developed in a much more efficient fashion.
The Board discussed with the proponents the hours of the banking operations,
the use of the 10 additional parking spaces on the south and the traffic
patterns and volume expected on the site. The Board recommended the 10
parking spaces on the south not be used for employees so there wouldn't
be automobiles continuously visible there.
Gary Prazak noted the advantage of the additional landscape on the north
side and the actual reduction of existing blacktop in that area.
Mike Sell recalled the previous waiver in 1976 and stated this is a
difficult site based on its shape and adjacent to roads on three sides.
The present use in his observations creates no problems and the proposed
addition and improvement in landscape would enhance the site.
Mike Sell moved to approve the waivers as requested. Second by Larry
Smith and upon vote carried.
There being no further business to come before the Board, the meeting was
adjourned at 9:30 P.M.
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Board of Zoning Appeals
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July 10, 1984
Secretary Lloyd Becker, for the record, noted that since the last reyular
meeting of the Board, Glen Christiansen had resigned and retired to Arizona
and Vice Chairman of the Planning Commission, Lloyd 7ubman, who is also a
member of the Board of Zoning Appeals had resigned as she and her husband
were moving to Pennsylvania. -
Mr. Gary Prazak is the new Vice Chairman of the Planning Commission and
Board of Zoning Appeals member. Mr. Larry Smith replaces Glen
Christiansen.
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q a , C air n , oyd G. Becker, Secretary