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08-14-84 BZA Minutes ���� MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS August 14, 1984 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, August 14, 1984, at 7 :30 P.M. in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The followiny Board members were present: Mahlon Swedberg Gary Prazak Larry Smith Donald Hughes, (Alternate) Absent by prior arrangement, Chairman Art Flanagan and Mike Sell . In accordance with established procedures, the immediate past Chairman convenes the meeting in the absence of the Chairman. Mahlon Swedberg called the meeting to order at 7:30 P.M. The first order of business was approval of the minutes of a regular meeting held July 10, 1984, copies of which had previously been distributed to the Board. Larry Smith moved to approve the minutes as written and presented. Second by Gary Prazak and upon vote carried. 84-8-25 (Map 11) Residential 1531 West Constance Drive Richard D. Drake The Petition is for waiver of Section 3A.06(3a) side setback, for 3 feet off the required 15 foot side setback from the south lot line to a distance of 12 feet from the south lot line to the proposed garage addition. The Petition was in order and consent had been obtained from all adjacent properties. Mr. Drake was present. No others were in attendance on this proposal . Mr. Drake explained the present home with attached single-car garage that is located 21 feet from the side lot line. The adjacent neighbor is 16 feet from the side lot line. The present single-car garage is 13 feet wide on the inside as described by Mr. Drake. The proposed nine foot addition would provide for a two-car structure. The Board discussed the proposed addition and the possibility of reducing the width to 21 feet. Mr. Drake explained the structural requirements of framing to the existing house and thought that the additional nine feet was the minimum possible. � �.��_� . Board of Zoning Appeals Paye 2 Auyust 14, 1984 � � , �.�� _ , .� � � Mahlon Swedberg described this addition as similar to others that had received approval and that the waiver request of three feet had minimal effect on adjacent properties and a very beneficial impact both in appearance and for provided parking of vehicles and lawn equi�ment, etc. inside. Larry Smith also noted the similarity to previous proposals and the proposed width is the minimum for interior space. There remains a significant separation between structures and no overcrowding. Larry Smith moved to approve the waiver as requested. Second by Donald Hughes and upon vote, carried. 84-8-26 (Map 20) Residential 9210 Plymouth Avenue North Robert D. Herchenbach The Petition is for waiver of Sections 3A.06(1) front setback, for 27.1 feet off the required 35 foot front setbaek to a proposed distance of 7.9 feet from the front lot line to the proposed garage at its closest point. 3A.06(3b) side setback, for 1 .15 feet off the required 10.5 foot sideyard setback from the east lot line to a setback of 9.35 feet from the east lot line to the proposed garage addition at its closest point. Mr. Nerchenbach was present. Consent had been obtained from adjacer►t properties. No others were present. The proposed addition was described as a double attached garage to the front of the existing home. The garage would measure 3U feet in depth and 26 feet wide. At its closest point it would be 7.9 feet from the front lot line and 9.3 feet f rom the east lot line. Mr. Herchenbach said the lot slopes to the rear. He and the neighbor's sump pumps discharge subsoil waters to this low area and it would be very difficult and expensive to build a detached garage at the rear of the lot. He described his vehicles, lawn equipment, etc., that he wanted inside storage for. Gary Prazak expressed his concern for the size of the garage and the sheer bulk in front of the existing house. Mahlon Swedberg agreed and said the proposed garage is way oversized, more than one-half the size of the house itself. He also noted that the front setback is the most carefully guarded by the Soard and to approve such an attached yarage to within seven feet of the front lot line would be unreasonable. ��� C�':�:;:j Board of Zoning Appeals Page 3 August 14, 1984 Donald Hughes asked what could be the minimum size garage that would be com- patible with Mr. Herchenbach's needs. He responded 24 x 26 feet. Mahlon Swedberg said that the building would be there permanently, but occupants change and Mr. Herchanbach's needs today may not necessarily be those of someone eTse tomorrow, but the huye garage would be something the neighbor- hood would live with forever. Larry Smith said the sheer size and imposition into the front setback is his concerns and can't see that any alternative in size even 20 x 20 feet would substantially reduce the impact in the front setback. Hughes felt the proposed garage would ruin the existing home and take most of the front yard. The Board discussed thoroughly any alternatives that might be structurally practical or result in relocating the garage on site. Mr. Herchenbach described again his storage needs and the danger in backing out onto Plymouth Avenue. He said he had consulted an excellent contractor who said this attached garage would look better as proposed and he was also concerned that architecturally it would look decent. At the close of the discussion, Gary Prazak moved to deny the waiver as requested. Second by Larry Smith and upon vote carried. Mr. Herchanbach was advised of the appeal process to the City Council if he desired to do so. 84-8-27 (Map 18) Industrial 6480 Wayzata Blvd. Al1en Moulton KHM Enterprises The Petition is for waiver of Section 14.02 non-conforming uses, to allow for conversion of the existing interior garage area lower level (750 sq. ft.) to office space. Mr. Moulton was present. Consent had been obtained from adjacent properties. No others were present for this proposal . The existing building is non-conforming along the east lot line adjacent to the E1 Torito Restaurant. Parking for the building exists previously in the required landscape area along Florida Avenue. Based on the site plan presented, the parking provided complies with the proposed ratio of total office area. Mr. Moulton described his structure and said this would provide for upyradiny the lower level and substantial improvement in the exterior appearance on the west side. � F" f� �(}' { V \_. r L.t Board of Zoning Appeals " Page 4 August 14, 1984 He described the extensive upgrading of existing office areas to meet current code requirements. There is a possibility that Minnesota Department of Trans- portation may need to acquire some of the site in conjunction with I-394. At the present time, definite right-of-way has not been established for this area. Mr. Moulton noted the foot print of the building is not being added to and based on his proposed occupancy he has 15 additional spaces for parkiny than he presently needs. The Board discussed the possibility of removiny some of the existing blacktop parking area and establishiny landscape in place. Noting the uncertainty of the Highway Department at this time, Mr. Moulton said he would rather delay any improvement to landscape until it is known what action might be taken. The proposed additional interior space would be used for expansion of Mr. Moulton's office operations and part for another existing tennant. Mahlon Swedberg said he could not look favorably on approval because of the existing non-conforming areas and `he noted current landscape standards that would be desirable to implement on this site. Donald Hughes said he would have a hard time with approval if the proponent intends to delay some landscape upgrading for 12 months. Mr. Moulton said he would do whatever the Board would require within reason. Gary Prazak moved to approve the waiver as requested noting the uncertainty of any highway taking of property and the waste of installing landscape only to have it removed in a relatively short time. Larry Smith seconded the motion. During further discusion on the motion, Mr. Moulton said he would cooperate and once the right-of-way is known, he would address additional landscape. Upon vote, the motion for approval carried 3 ayes and one nay (Swedberg). 84-8-28 (Map 6) Institutional I-3 3915 Golden Valley Road Courage Center The Petition is for waiver of Sections 14.02 non-conforminy uses of the zoniny code, for an existing stairway on the east side of the struc- ture to allow for additional construction and expansion to the building, ��,� �, � Board of Zoning Appeals Page 5 August 14, 1984 11.07 side setback for 20 feet off the required 50 foot side setback from the east lot line to a distance of 30 feet from the east lot line to the proposed addition at the closest point. The petition was in order. Consent had been obtained from all required properties. Additional information notices were sent to the Mary Hills area neighbors. Present for the meeting were Wilco Schoenbohm, Executive Vice President, Courage Center, Daniel M. Hersey, Executive Director of Couraye Center, James Beaton, Associate Director of Courage Center. George Rafferty and Craig Roney, architects of Rafferty, Rafferty, Mikutowski , Roney & Associates, Inc. , made the presentation of the proposed construction for Courage Center. Mr. Wilco Schoenbaum and Mr. David Hersey described the purpose of the proposed construction and additional parking. Mr. Hersey said that upon approval and completion of the parking area, Courage Center would no longer require use of Unity Christ Church for additional staff parking. Mr. George Rafferty described the growth and current activities at the Courage Center and the need for additional areas in food service and patient areas. He noted that when constructed Courage Center was in full compliance with the reyuired 30 foot side setback. However, when the Institutional Zoning Ordinance was amended in 1982 to a required setback of 50 feet from the side lot line, a small stairway area at the southeast corner of the building became non-conforming. The new construction proposes a terrace at the second floor level to within 30 feet as provided for in the old ordinance. This terrace would provide an opportunity for patients to be outside in appropriate weather and an opportunity to overlook and enjoy the view of the adjacent golf course. The Board discussed the parking areas proposed to be constructed in two phases. The first phase would provide for 114 vehicles and rernove the requirement for using the Unity Christ Church Lot. Mr. Rafferty noted that Unity Christ would still have the priviledge of usiny the Courage Center for extra parking when needed. The construction does not generate the need for a major increase in staff but generally alleviates crowded conditions in most service areas. Mr. Beaton estimated there may be a potential for not more than five additional personnel . Traffic was discussed and Courage Center staff projected no major increase. � .. _�- Board of Zoning Appeals Page 6 August 14, 1984 • One adjacent property owner was present. Mrs. Ruth King-Smith of 3800 Bassett Creek Drive. She questioned the potential for additional taffic and noted present volume during certain hours. Larry Smith questioned the possibility of including the requirement of no further Courage Center personnel parking at Unity Christ Church as a condition and part of any approval . Noting that he lived on Mary Hills Drive directly across the street from Unity Christ's north parking lot, he said if the Board concurred he would remove himself from further dis- cussion or vote on this issue so there would be no question of conflict or influence on other Board members. The 8oard acknowledged and concurred. Donald Hughes noted previous compliance by Courage Center with the Zoning Code and it was unfortunate but that in amending an ordinance they now had an exit stairway that did not conform and it appeared reasonable to consider a waiver of that area. The terrace did not appear to have a significant impact or affect adjacent owners of the golf course. However, he cautioned that should there ever be further construction proposed, Courage Center should consider it within the parameters of any Zoning Code existing at that time. Mahlon Swedberg noted that the encroachments into the setback were only at certain points not the whole building and that the impact is very minimal . Following discussion and clarification of proposed below ground locker room area on the north side adjacent to the pool and noting that this area was in conformance with the required front setback, Donald Nughes moved to approve the waivers as requested. Second by Gary Prazak and upon vote carried. The site plan was subsequently marked as an exhibit for the file for this approval . There being no further business to come before the Board, it adjourned at 10:00 P.M. '�. .�'"._,./ � Mahlon Swedbery, Chai an,Pro Tem oyd G. Becker, Secretary