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06-09-87 BZA Minutes MINUTES OF A REGULAR MEETING OF THE �� O O J G O L D E N VALLEY BOARD OF ZONING APPEALS June 9, 1987 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, June 9, 1987, 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, Mahlon Swedberg Kevin McAleese Art Flannagan Mike Sell Larry Smith The first order of business was approval of the minutes of a regular meeting held May 12, 1987, copies of which had previously been distributed to the Board. Larry Smith moved to approve the minutes as written and presented. Second by Mike Sell and upon vote carried. 87-6-18 (Map 6) Residential t. roix venue Franklin and Norma McDuffee The Petition is for waiver of Section 3A.06(3)a side setback for 4.8 feet off the required 15 foot setback from the west lot line to a distance of 10.2 feet to the house as it now exists; and for 5 feet off the required 15 feet from the east lot line to a distance of 10 feet to the house as it now exists. Purpose of the waiver petition is to remove the non-conforming setback status to allow a fully conforming deck to be added to the rear of the house. The petition was in order. Mr. and Mrs. McDuffee were present. No others were in attendance. Secretary, Lloyd Becker, explained this property was before the Board of Zoning Appeals on November 12, 1968. At that time, the builder of the proposed house requested waivers of the 15 foot required setbacks on both the east and west lines. The Board, at that time, elected not to grant the waivers but authorized the Building Department to issue a permit for the house as proposed. This left the house in a non-conforming status. The Zoning Code today does not allow a non-conforming use or structure to be "added to or altered in scope". The McDuffee's described the proposed deck con- struction and noted when they purchased the home a little over a year ago, they had no knowledge of the non-conforming status. �f U � � Board of Zoning Appeals Page 2 June 9, 1987 Chairman Swedberg thoroughly explained to the McDuffees what side setbacks are required and that if the waivers of the existing home are approved, the McDuffees are free to remodel or add on within the current code requirements. At the close of discussion, Art Flannagan moved to approve the waivers as requested, noting the topography and location of the existing house, the importance to the owners of correcting the non-conforming status and that the proposed deck addi- tion is to the rear and fully conforms to the Zoning Code. Second by Larry Smith and upon vote, carried unanimously. 87-6-19 (Map 14) Commercial 2 Winnetka Avenue North Stephen Hendrickson The Petition is for waiver of Section 5.05(10) for 9 parking spaces off the required 79 spaces to a total of 70 spaces on the site. The petition was complete. Mr. Hendrickson was present. No adjacent owners were in attendance. The Board had previously received, in their agenda packets, copies of Planning Department staff inemos, Planning Commission and City Council minutes on this proposal . Secretary, Lloyd Becker, explained that the parking provided would conform to any other use in the commercial code. However, the requirements in this instance, are for four (4) spaces for each service bay, plus employee parking results in the site being short by nine (9) required spaces. Mr. Hendrickson described, in detail , to the Board his current activities of the Midas Muffler and Precision Tune companies on the site. The proposed addition would house an automobile glass replacement service which services most vehicles at the owner's site. Other occupancies for vehicle service require much less time for a vehicle on the site than a heavy motor repair, transmission or parts and body operation. This was the distinction made by Mr. Henderson that relates to this need for much less parking overall than the present code requires. He also noted his entire operation is covered by provisions in a Conditional Use Permit. The Board discussed, at length, their observations of the current businesses. The consensus of the Board was that the proposed removal of the old A & W Restaurant, the combination of the lots into a single parcel and the construc- tion of a new building as one unit was a substantial improvement. The Board noted that in this particular instance where the service to a vehicle is con- ducted in a minimum amount of time, there appeared to be a significant difference in parking required from a major repair facility. � 0 �� Board of Zoning Appeals Page 3 June 9, 1987 Mike Sell moved to approve the waivers as requested, noting that the size and configuration of the A & W site as it exists today severly limits any productive use or redevelopment and the access off Winnetka as it exists near the intersec- tion is a hardship. Sell also noted that the combination of the lots and the develoment as proposed eliminates many existing non-conforming conditions. Art Flannagan seconded the motion and upon vote carried unanimously. 87-6-20 (Map 12) Multiple oug as rive Robert Strobel The Petition is for waiver of Section 4.04(1 ) rear setback for 15 feet off the required 25 feet from the railroad right-of-way to a distance of 10 feet from the east lot line to the enclosed garage structure at its closest point. The petition was in order. Consent had not been obtained from the adjacent owner of the apartment building to the north. Mr. John Johnson, of Merila & Associates, Inc. , was present representing the developer. Also present was Mr. Charles Huntley, who identified himself as an investor. Mr. Johnson explained the project in detail . The proposed apartment structure requires one enclosed parking space for each one bedroom unit and one-half addi- tional space for each additional bedroom. Many of the proposed units are two bedroom and all the enclosed spaces cannot be provided in the apartment building. Therefore, an additional enclosed structure is required and this is proposed on the east end of the property adjacent to the railroad trackage. Mr. Johnson noted that Bassett Creek runs through the property and part of the lot is on the opposite side of Bassett Creek and useable only for green area. A substantial portion of the site lies within the flood plain elevation and no structure is permitted in the flood plain. The proposed garage structure is similar to the adjacent apartment to the north. The garage would not be visible from the residential property on the other side of the railroad tracks as the trackage on the berm is 17 feet high. The Board thoroughly discussed the alter- natives of locating the proposed garage in another area of the site and the feasibility of less covered parking. The consensus was that the proposed location of the garage was most practical adjacent to the railroad right-of- way and it had no impact on surrounding properties. The required enclosed parking should be provided. `i � � � Board of Zoning Appeals Page 4 June 9, 1987 Larry Smith moved to approve the waiver as requested, noting the topography of the site, the restraints of the flood plain and a portion of the property separated by Bassett Creek limit development. Second by Mike Sell and upon vote carried unanimously. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 8:15 P.M. ,✓� -G�/ Mahlon Swedberg, Chai� n oyd G ecker, Secretary