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09-09-86 BZA Minutes � �� MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS September 9, 1986 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, September 9, 1986, at 8:00 P.M. in the Gold Room of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting convened at 8:00 P.M. because of Primary Elections. The following Board members were present;: : , Mike Sell , Chairman Margaret Leppik Art Flannagan Larry Smith Mahlon Swedberg The first order of business was approval of the minutes of a regular meeting held August 12, 1986, copies of which had previously been distributed to the Board. Art Flanagan moved to approve the minutes as written and presented. Second by Larry Smith and Mahlon Swedberg carried the vote. 86-9-25 (Map 21) Residential 8125 Plymouth Avenue William E. Koski The Petition is for waiver of Section 3A.06(3) b side setback, for 3 feet off the required 12 foot side setback to a distance of 10 feet from the east lot line to the proposed room addition. The petition was in order. Consent had not been obtained from adjacent neighbor Mr. & Mrs. Floyd Pearson, 8115: P1ymouth Avenue. Mr. & Mrs. Koski were present. Also in attendance were Mr. & Mrs. Pearson. Secretary, Lloyd Becker noted to the Board his earlier memo to them in the agenda packet which corrects the waiver request from three feet off the required 12 foot side setback to 2 feet off the required 12 foot setback to a distance of 10 feet from the east lot line to the proposed addition. The existing fire place is not included in the measured distance from the east lot line. Mr. & Mrs. Koski explained their proposal and reviewed their previous remodeling and upgrading of their property over past years. The present proposal is to expand a lst floor master bedroom from 110 square feet to 165 square feet. In doing so the Koski 's feel it would reduce the street and traffic noise by removing the existing window in the east wall and they would obtain more privacy. The Koski 's feel the proposed addition would not create any obvious problems for the adjacent neighbor Floyd Pearson as the Pearson's west side exposure has only two bedrooms and a bathroom. 96 � Board of Zoning Appeals Page 2 September 9, 1986 Secretary, Lloyd Becker noted a letter he had received from the Pearson's several days before the meeting objecting to the proposed addition and outlining their concerns. This letter had previously been forwarded to the Board for their information. Chairman, Mike Sell asked Mr. & Mrs. Pearson for their com- ments and Mrs. Pearson spoke for them and also presented the Board an additional letter of comment which outlined their reason for opposition to the variance. The objections were as follows: The two houses are already closer than other houses in the neighborhood and the Pearson's do not want them closer. The closer buildings would create a greater danger of fire. Noise and privacy would be reduced by the two foot waiver and Mr. Koski could expand his deck. Reducing space between houses would change the setting and make the dwellings less esthetically pleasing. Mr. Koski has another option which is expansion to the south (rear) . The Pearson letter noted having lived in their present home for 27 years and the open space between houses is an important factor in the ambience of the community. The Board discussed in detail item by item the objections noted and the concensus was: The two houses are not singularily different in side separation from other houses in the block. The fire danger is not measurably increased in this instance and the noise and privacy does not appear to be exaggerated by the additional two feet proposed. The deck could not be expanded as part of the waiver proposed. The Board entered a detailed discussion with Mr. Koski about the configuration of the existing house the option of constructing to the rear rather than the side and the need for the additional bedroom space. Mrs. Koski noted a medical condition she has that required a more accessible bedroom and while they could expand three feet out without a waiver, that would only leave about 22 inches from an adjacent wall to pass by the bed. The roof line was discussed and it appeared, to expand to the south would create a bulky, awkward appearing addition and would detract from the appearance. The Board examined closely the drawings submitted and the series of color phototographs provided by the Koski 's. Mr. Koski noted that he would add three feet to his existing bedroom anyway if this waiver is not approved. Mahlon Swedberg questioned why did he propose a five foot addition not 6 foot, 8 foot, or 10 foot if more room was necessary? Mr. Koski said he felt a concern for his neighbor and 5 feet seemed structurally practical and would meet his various needs. J � � Board of Zoning Appeals Page 3 September 9, 1986 Mike Sell noted an existing curb cut on Plymouth Avenue which appears to have provided for or been a driveway on the east side of the Koski home. Mr. Koski said that has not been used since he added a tuck under garage on the west side of his home. Mike Sell noted cars could have always been on the east side and would be more objectionable than the addition proposed. Art Flanagan noted that it appeared there is no real topography hardship but expansion to the south did not seem the best solution either. Margaret Leppik questioned the existing dormer and rooms in the upper level . Larry Smith said a determination or hardship may be questionable as topography or other conditions did not have a measurable effect and possibly the alternative was to expand to the rear. Mahlon Swedberg noted that expanding to the south would create the appearance of a shed type addition. Swedberg said he was not convinced by many of the points in the Pearson's letter and that any expansion to the south would esthetically affect the Pearson's more than the proposed addition. Mahlon Swedberg moved to approve a waiver of 2 feet off the required 12 foot side setback to a distance of 10 feet from the east lot line to the proposed addition. Seconded by Art Flanagan who noted he did so somewhat reluctantly and for discussion purposes. Discussion on the motion followed. Margaret Leppick said while she didn't know the exact extent of Mrs. Koski 's medical problems she did feel there was appearance of a hardship. In measuring the Pearson's objection she felt expansion to the south was more detrimental esthetically and she would support the motion for approval also somewhat reluctantly but as the best of any alternatives noted. The vote was called and it was unanimous for approval of the waiver. 86-9-26 (Map) Residential 6�3 5 Scott Avenue John LaMosse The Petition is for waiver of Section 3A.06(3) a side setback for 12.2 feet off the required 15 foot side setback to a distance of 2.8 feet from the east lot line to the proposed garage addition. The petition was in order and consent had been obtained from all adjacent properties. Mr. LaMosse was present and explained his proposed garage addition. The existing attached garage is 10 feet in width and with the proposed addition he would be able to use some of this space to expand an existing minimal kitchen area and provide for a two car garage. � � � Board of Zoning Appeals Page 4 September 9, 1986 If approved the new garage would be 20 feet in width. The minimum structurally and practically possible for two vehicles. Mr. LaMosse noted that in July, 1977, a previous owner had received a waiver for a similar addition but it was never acted upon and expired after one year. Mike Sell questioned if there was any reason a two car detached garage to the rear couldn't be considered. Mr. LaMosse replied this had been looked at by him during the previous waiver request, and soil conditions and configuration of the neighborhood adjacent to his property did not make this a reasonable alternative. An adjacent neighbor expressed her approval of the proposed attached addition. She said most all of the homes to the rear have their living rooms in the rear and they would look directly at any detached garage if so constructed. Mahlon Swedberg said in looking at the property and hearing the recent discussions of adjacent properties and also noting the adjacent home is set a substantial distance from the lot line there are convincing arguments for the proposed attached addition. Mahlon Swedberg moved for approval of the waiver as requested noting the existing soil conditions, the configurations of the adjacent homes to the rear and the previous approval of a similar waiver that expired some years ago. Second by Larry Smith who noted he felt this is a reasonable proposal . Upon vote motion for approval carried unanimously. 86-9-27 (Map 22) Commercial 8950 Olson Highway Rapid Oil Company The Petition is for waiver of Section 14.02 non-conforming use or structure, to allow alterations and expansion of the existing structure. The petition was in order. Present for the meeting was Mr. Lynn Hall representing Rapid Oil Company and Mr. John Kosmas of K.K. Design the architect for the project. Secretary, Lloyd Becker gave a brief overview for the Board. Rapid Oil Company has recently been before the Planning Commission for a c.onditional use permit as required, based on their proposed expansion and upgrading of the property. Rapid Oil Company received a recommendation for approval of their proposal subject to certain requirements in the use permit. A copy of the Planning Commission minutes had been provided to the Board previous to the meeting as part of the agenda packet. � � � Board of Zoning Appeals Page 5 September 9, 1986 Mr. Hall presented an additional letter of approval to their petition form from Red Lobster who is located directly across the street. Mr. Lynn explained the Rapid Oil Company operations, the need for less parking than the average station because of the type of service they provide, and the minimum time needed per customer. Mr. Kosmas explained the addition of one more service bay and the upgrading of landscape and parking lot improvements to current city standards. Margaret Leppik questioned Lloyd Becker why the waiver request was for Section 14.02 non-conforming use or structures. Lloyd Becker explained that he had reviewed this proposal with the Planning Staff in conjuction with the conditional use permit. This is a triangular shaped lot with difficult setback requirements and parking configuration. If some of the existing conditions were waived it would perpetuate those conditions and the opportunity to further upgrade the site at some later date could be hampered. The waiver of Section 14.02 would allow the service bay to be added and that in conjunction with the other site improvements would upgrade and enhance the present site for this type of operation but would leave the oppportunity open for other options in the future. Mahlon Swedberg questioned what if the immediate use changes and more intense use by Rapid Oil Company develops. The Board reviewed the Planning Commissions conditions they had as part of the conditional use approval . It appeared those conditions did not directly prohibit other than Rapid Oil 's current type of operation. However, their proposal is part of the overall described use for approval . Secretary, Lloyd Becker said the present type of operation could be a condition of BZA approval . The Board concurred that should they favorably act on this request it be noted that it is conditioned on the current type of service operation as described by Rapid Oil Company and no major overhauls or similar type of repairs would be a part of their service operation. Art Flannagan said the proposed improvements to the property would substantially bring it more in line with todays zoning and site standards and a big improvement to the site and general area. The Board concurred with that observation. Art Flannagan moved to approve the waiver as requested conditioned on Rapid Oil "s present type of operation and noting the constraints of the odd shape of the property, frontage on three sides by public right of way and the substantial improvements proposed. Second by Margaret Leppik and upon vote carried. 9 � 5 Board of Zoning Appeals Page 6 September 9, 1986 86-9-28 (Map) Light Industrial 742-750 Decatur Avenue American Fish and Seafood The Petition is for waiver of Section 6.07 (3c) side setback for 20 feet off the required 20 foot side setback from the south lot line to provide a driveway access to the rear of he the building. The petition as submitted did not contain the consent of adjacent properties. Notice was sent by the City to all adjacent properties. Present for the meeting were Mr. William Frank, proposed purchaser of the American Fish & Seafood Building and his son, Mr. Steve Frank. Also present were Mr. William Law representing Mr. Clare Volp developer of the site. Mr. Charles Kaidre "present owner by contract for deed from Mr. Volp" and Messrs. Bernard Angle and Marvin Angle owners of the adjacent property Ambassador Press. Staff Secretary, Lloyd Becker did a brief overview based on review of the files and development history of the properties. Mr. Clare Volp was developer of the property that began as one parcel that extended east and west from Boone Avenue to Decatur Avenue. At the time of development Decatur was platted but not installed, therefore not to hinder his construction of buildings on the total site, Mr. Volp provided for a 24 foot wide easement along the entire south lot lines from Boone Avenue to Decatur. There was also a 24 foot wide easement running north and south along the back of all three properties. The purpose of the easements were to provide access primarily to the two properties facing Decatur Avenue until the street was in. A building was constructed on the Boone Avenue site first, next the Ambassador Press Company and American Fish & Seafood Buildings on Decatur. The easements remained in place. Some time ago a dispute developed that involved all three properties. A court settlement pravided that all easements would be eliminated May, 1987. Mr. William Law generally concurred with this history as correct and gave his overall history including the lawsuit. With the vacation of the easements Mr. Law and Mr. Kaidre explained it will severely limit the Ambassador Fish site for access by semi-trailer delivery trucks as they will have extreme difficulty manuvering in the rear and ingressing and egressing thru one driveway. The purpose of the waiver request is to allow a driveway of adequate width along the south side of American Fish Building so the trucks can circle around the building. � � � Board of Zoning Appeals Page 7 September 9, 1986 Messrs. Angle spoke against the proposal and in detail explained their operations at Ambassador Press, their observations of the current American Fish activities and their concerns if the driveway is allowed. The Board and the proponents for the waiver and the others in attendance engaged in a lengthy discussion and exchange of the parking on the sites, the truck traffic, configuration of the buildings as they exist and access required. During this it was also noted that beginning in December, Decatur Avenue will be posted for no on street parking on both sides. Mahlon Swedberg said he could not look favorably on the proposed driveway as maybe the present building or buildings are just not suited to a use that requires such large sized trucks and amount of traffic or employee parking. Margaret Leppik noted the no parking on Decatur after December, 1986, and said the buildings will have to stand on their own as they relate to the zoning code no matter who is the tennant. Mike Sell suggested all parties look at a reasonable compromise of the landscape requirement of 10 feet on the side of the building. Discussion continued on the possible width necessary for a semi-tailer truck to pass along the building. The zoning code requires a 20 foot setback to the building. The structure when built was set in error slightly closer to the south lot line. The closest point at the rear is 19.05 feet from the line. The ordinance requires one half of the distance from the lot line be landscaped, therefore approximately 10 feet next to the building could by used for driveway. Lloyd Becker noted that the street files did not show any variance for the slight error of building setback but an extensive review of old minutes books for the BZA show a variance being granted at a meeting on July 7, 1977 for the setback along the south lot line. A copy will be placed in the current file. During a continued discussion with the proponents a consensus developed that a driveway of 14 feet in width appeared adequate along the south side of the building. This would require a variance from Section 607 3(D) side setback for four feet off the required 10 foot landscape along the south lot line to a landscape width of 6 feet. In doing so the combination of the 10 feet to the building and 4 feet expansion of a driveway into the landscape would provide a drive surface 14 feet in width. Art Flannagan moved to grant a waiver of 4 feet off the required 10 foot landscape width along the south lot line and in doing so noted the history of the development as previously described and the constraints and characteristics applicable to this particular site as a result. Second by Margaret Leppik. During discussion on the motion Mahlon Swedberg again expressed his reason for not looking favorably toward the waiver. The Chair called the vote. There were 4 ayes and one nay (Swedberg), motion carried. Following discussion on several administrative items t e Boar adjourne at 10:35 P.M. � � Mike^Sel ,�man L oyd G. ecke , ecret ry