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04-09-85 BZA Minutes �",�°; � L :"� MINUTES OF A REGULAR MEETING OF THE GOLDEN UALLEY BOARD OF ZONING APPEALS April 9, 1985 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, April 9, 1985, 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 Mahlon Swedberg Margaret Leppik Larry Smith Mike Sell The first order of business was approval of the minutes of a regular meeting held March 12, 1985, copies of which had previously been distributed to the Board. Mike Sell moved to approve the minutes as written and presented. Second by Larry Smith and upon vote carried. Chairman Flannagan introduced Margaret Leppik, new Vice Chair of the Planning Commission, who by statute is also a member of the Board of Zoning Appeals. The Board welcomed Margaret. Chairman Flannagan noted that annually in April an election is required by the Board for Chairperson for the year and he declared the position open for nomination. Mike Sell moved to appoint Larry Smith as Chair for the coming year. Second by Mahlon Swedberg. Chairman Flannagan called for any other nominations. Hearing none, he called the vote on the motion to appoint Larry Smith and it was unanimous for approval . Larry Smith assumed the Chair and called the first item on the agenda. 85-4-3 (Map 19) Residential 2240 Zealand Avenue Terrence D. Curley The Petition is for waiver of Section 3A.06(1) front setback for 6.5 feet off the required 35 feet to a distance of 28.5 feet from Zealand Avenue to the proposed room addition at its closest point and for waiver of Section ��- - ����� � Board of Zoning Appeals Page 2 April 9, 1985 3A.06(2) rear setback, for 10.8 feet off the required 25.4 foot rear set- back to a distance of 14.65 feet f rom the rear (west) lot line to the proposed garage addition at its closest point. The petition was in order. Consent had been obtained from all adjacent properties. No ad�acent owners were present. Mre Curley was present to exp�ain his proposal . This is a corner lot and requires a 35 foot setback on two sides. The front of the house faces Zealand and has a small addition proposed there. The garage addition is on the north side facing 23rd Avenue. The lot line along Zealand curves and the existing house, at its closest point, complies with the 35 foot setback requirement. In doing so, it is set back approximately 10 feet from the front of the adjacent home. Because of the curving lot line, the proposed addition facing Zealand would not project further than a line extended from the adjacent home and therefore has minimal if any impact on the adjacent home. The depth of the lot in relation to the width, determines what is considered front or back of a lot as well as side requirements. The proposed garage addition on the 23rd Avenue side projects into the required rear setback even through it appears as a side setback to the adjacent house. A side setback would be 15 feet. A rear setback is 20 percent of the lot depth and requires 25.4 feet. The Board discussed at length the appearance and location of the existing house and the proposed construction. It was noted that for all practical purposes the 15 foot separation normally required for a side setback is maintained at the garage addition and the addition on Zealand does not project beyond the front setback of the adjacent home. Mr. Curley noted that if his lot was an interior lot, he would be in full compliance of required setbacks. Margaret Leppik questioned where Mr. Curley's mailbox is and if the mailing address and where the house f aces had any effect on how the front, back or side of a corner lot is determined. The secretary, Lloyd Becker, reviewed the platting ordinance which defines how the lot width and depth determine the front of a lot irrespective of which street a house on a corner lot f aces. Mahlon Swedberg said he had no difficulty with this proposal . He noted the required 35 foot setback on two sides, the unusual curving lot lines, and the topoyraphy that affect this proposal . It appears there is no adverse effect on adjacent properties and would be a sub- stantial improvement. T1ahlon Swedberg moved to a�prove the waivers as requested, second b� Art Flannagan and upon vote carried unanimously. ��� .::�;�% Board of Zoning Appeals Page 3 April 9, 1985 85-4-4 (Map 13) Light Industrial 700 South Xenia Avenue Brian Norris (Northstar Printing) The Petition is for waiver of Section 6 .07(1) front setback for 18.4 feet off the required 35 feet from Laurel Avenue to a landscape area of 16.6 feet from the north lot line to the parking a rea. The petition was in order. Consent had been obtained from adjacent properties with the exception of 5720 Laurel Avenue, who was undecided. Mr. Norris and his architect were present. No others were in attendance. Mahlon Swedberg asked for an update from staff and history on Laurel Avenue. Lloyd Becker reviewed the recent installation of Laurel Avenue along the north side of this building and the location of the two curb cuts on the south side of Laurel that now provide access to this property. The existing curb cut on Xenia will be closed this spring when final work on Laurel is completed. The existing building is 30 years old. It has loading docks facing Xenia and parking for office areas were along the Laurel Avenue side. At the rear of the building is a large unsurfaced area that can provide parking, Mr. Norris described the use of the parking along the Laurel Avenue side for salesmen, office personnel and customers. Based on the way the building is designed with offices located on the Xenia side, it would be very difficult if customers and sales people had to walk over half a block from the rear to the office area. He noted that the existing area had provided for two rows of cars and when he purchased the building he was unaware this area was up to the lot line on Laurel . His proposal is to remove one row adjacent to Laurel and to provide a 17 foot wide landscape area for the length of the building and then immediately after the curb cut at the rear, expand the landscape to 35 feet. Margaret Leppik noted that the proposed additional employee parking at the rear was gravel and that normally parking is not allowed in that condition and blacktop is required. Mr. Norris responded that even though some con- sideration was given to expanding to the rear in the future and any black- top would subsequently be removed, at this time he would blacktop the area as required. Mike Sell felt that at this time an area should be blacktopped at the rear sufficient for the employees so parking is not required on Laurel Avenue. Mr. Norris' plan as submitted provides for curb and blacktop for the area along Laurel Avenue. �'��� � Board of Zoni ng Appeal s �s 6 � _ '-`'- Page 4 April 9, 1985 As a result of the detailed discussion, the Board noted it appears the proponent has a distinct hardship based on the building as it exists, the requirement for a 35 foot setback on two sides and the adverse effect to him of development of Laurel Avenue. However, this condition is excep- tional to this property only and no one in the future as the open property to the west along Laurel is developed should misconstrue that any approval of the waivers requested may be considered as a precedent for any future development where the 35 foot landscape is required. Margaret Leppik said that when completed, this proposal should be a big improvement to the existing conditions. Mike Sell moved to approve the waiver as requested subject to sufficient parking being developed and blacktopped for all employees at the rear of the building. This blacktop area to be completed no later than 12 months after final completion of work on Laurel Avenue adjacent to this property. Second by Art Flannagan and upon vote carried unanimously. 85-4-5 Map 12) Industrial 740 Douglas Drive (Winkley Company) Evergreen Real Estate Company The Petition is for waiver of Section 12.01 accessory use or structure to provide for an accessory structure not serving a purpose customarily incidental to the principal use or structure. This Petition was in order. Written consent had been obtained from all adjacent properties and Winkley Company has also provided written acknowledge- ment of their agreement with Northwestern Bell Telephone Company. No adjacent property owners were present. Mr. Stuart Storm was present representing Evergreen Real Estate Company. Mr. Storm explained that Evergreen Company is retained by Northwestern Bell to acquire locations for installation of equipment structures to house the new fibre optics technology that will be installed in the coming years. He described the structures as approximately 17 feet x 17 feet and each will be designed by an architect to insure compatability with the existing principal building on the sites. There are no employees in the building. No sewer or water is required. Staff confirmed that at the present time Winkley Company has more than the reyuired parking for their building and even with locating this accessory structure at the north end of the parking lot for the present building and approximately two spaces are lost, they are still in compliance. ��� �:_. _ 4-- Board of Zoning Appeals Paye 5 April 9, 1985 The consensus of the Board was that there is no problem with this proposal and there is no adverse affect to adjacent properties. Mr. Storm reviewed briefly the fibre optic system. Mahlon Swedberg moved to approve the waiver as requested. Second by Mike Sell and upon vote carried. 85-4-6 (Map 20) Residential 1508 Independence Jerry Woodhull The Petition is for waiver of Section 1402 non-conforming use or structure, to allow an addition to an existing dwelling with a 26 foot front setback. The Petition was in order. Consent had been obtained from all adjacent properties. Mr. Woodhull was present. No others were present. The secretary provided background on this property. The present home is constructed at 26 feet from the front lot line. Other homes in this sub- division are also at a 26 foot or slightly less setback which apparently was provided for when the subdivision was approved. However, no record of any such approval or variance could be found for this property and technically the existing structure is non-conforming and could not, by ordinance, be expanded. The proposed addition is to the side of the house, in line with the existing front, and complying with the side setback requirements. Mr. Woodhull described his proposed addition. The Board noted that in the absence of any previous waiver information it would create an extreme hardship to deny any further add�tion to the property. Noting that in all other aspects the proposed addition complies fully, Art Flannagan moved to approve the waiver as requested. Second by Mike Sell and upon vote carried. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:00 P.M. ,; ,r Larry Smith, Chairman Lloyd . Becker, ecretary