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09-09-87 BZA Minutes 'i 01 �' MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS September 9, 1987 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, September 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 Mike Sell Larry Smith Kevin McAleese Absent by prior arrangement, Art Flannagan. The first order of business was approval of the minutes of a regular meeting held August 11, 1987, 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. 87-9-31 (Map 21) Residential 1230 Orkla Drive Thomas E. Ertl The Petition is for waiver of Section 3A.06(3)b side setback for 5.2 feet off the required 11.2 feet to a proposed distance of 6 feet from the north lot line to the proposed garage addition at its closest point. The petition was in order and consent obtained from adjacent properties. Mr. Ertl was present with his contractor. No others were present. Mr. Ertl explained his present tuck-under garage is a single stall . The garage is entered from the side of the basement and has a low ceiling height. The area for the garage addition is presently used for driveway and turning area in to the existing garage. The new garage, if approved, would be entered directly from the street. Mr. Ertl 's contractor noted that the proposed garage is the minimum width possible because of construction requirements to maintain bearing walls for the existing house and provide the framing for the door on the proposed addition. Mr. Ertl described his topography on the lot. The rear yard slopes upward sharply and prohibits construction of anything for a garage. � 01II Board of Zoning Appeals Page 2 September 9, 1987 The front yard has a bank adjacent to the driveway and the side area for the proposed garage is the only practical location based on topography and construc- tion characteristics that exist. Larry Smith noted the garage width appeared to be the minimum possible and the improvement would enhance the property and the neighborhood as well . The Board, in discussion, noted they had viewed the pro- perty and the concensus was that topography and existing construction prohibits any other reasonable alternative. Larry Smith moved to approve the waiver as requested. Second by Mike Sell and upon vote carried. 87-9-32 (Map 8) Residential 325 France Avenue North Wendy Louise The Petition is for waiver of Section 3A.06(3)a side setback for 9 feet off the required 15 feet to a distance of 6 feet from the north lot line to the proposed garage addition. Wendy Louise was present. The petition was in order and consent obtained from adjacent properties. No others were in attendance. Ms. Louise described her home as built in 1954. The garage was added at a later date and is narrow in width and a tandem garage with a single door front and back. There is an alley at the rear which dead ends just south of this pro- perty. The house, as it exists, is on a composite of three lots that have a total width of 120 feet. However, the house when built was placed well to one side toward the north lot line for some unknown reason and is 50 feet from the south lot line and 15 feet from the north lot line, which is the side for the proposed addition. The configuration of the present house does not provide for any practical garage construction on the south side. Ms. Louise described she had been burglarized five times in the last few years with entry through the existing garage and burglars exiting out the back unseen. The proposed new addition would eliminate the tandem door and entry would be from one side on the alley. The Board discussed in detail the construction characteristics such as the roof line, door width and garage width of the proposed addition. Chairman Swedberg questioned the proposed width of the garage at 24 feet and asked Ms. Louise if she had considered any alternatives to a lesser dimension. Ms. Louise said she had relied on her contractor noting existing configuration of the garage. During further discussion, Mike Sell said he felt the garage could and should be narrowed to provide more side setback. Ms. Louise agreed she would do so and a width of 22 feet was determined possible. Mike Sell moved to approve an amended waiver to 7 feet off the requi:red 15 feet to a distance of 8 feet from the north lot line to the garage at its closest point. Second by Larry Smith and upon vote carried. Kevin McAleese arrived at 7:50 P.M. due to a prior commitment. Board of Zoning Appeals �� o � � Page 3 September 9, 1987 87-9-33 (Map 4) Residential 3120 Noble Avenue North Jeffrey G. Nobles The Petition is for waiver of Section 3A.06(3)b side setback for 9.3 feet off the required 12.7 feet to a distance of 3.45 feet from the north lot line to the proposed garage addition at its closest point. The petition was in order and consent obtained from adjacent properties. Mr. Nobles was present. No others were in attendance. Mr. Nobles described his lot as 85 feet in width. The existing house meets the setbacks on both sides. There is presently a single car tuck-under garage on the north side of the house. A parking area on the north side is used for two other vehicles. The rear of the lot has topography that prohibits construction in that area. Mr. Nobles further described that the present tuck-under garage is in the heated basement area and the existing north wall must remain to support the house and keep the heat in to prevent freezing of water pipes. The proposed addition is 12 feet in width and is the minimum possible to provide for framing of a garage door and an interior dimension practical to open car doors and get around the car. Mahlon Swedberg asked about the type of roof. Mr. Nobles said he planned just a flat roof. There is no construction planned above. Mahlon Swedberg suggested Mr. Nobles look carefully at other reasonable designs that may enhance the appearance and make the structure more compatible to neighboring properties. He noted the garage proposed is the same depth as the existing basement. Mr. Nobles said he hadn't considered any other type roof as all he wanted was garage space, but he would look at alternatives. The consensus of the Board was that the proposed garage appeared the minimum width reasonable based on construction requirements and that topography at the rear prohibited any reasonable other construction. Mike Sell moved to approve the waiver as requested, second by Larry Smith and upon vote motion carried. 87-9-34 (Map 12) Residential Lot 4, Block 2, Valleywood Addition Lawrence and Marie Olson The Petition is for waiver of Section 3A.06(1) front setback for 12.6 feet off the required 35 feet to a distance of 22.4 feet from the front cul de sac lot line to the proposed new dwelling at its closest point. �� o � o Board of Zoning Appeals Page 4 September 9, 1987 The petition was in order and consent obtained from adjacent properties. Mr. Olson was present with his architect. Chairman Swedberg asked staff liaison Lloyd Becker for comment on this property. Lloyd Becker described this lot as the last remaining for development in the Valleywood Addition. It is one of the largest lots of the subdivision and because of a hook shaped cul-de-sac, it is the most affected along the front lot line at the southwest corner. Becker noted that prior to the meeting Mr. Olson had provided additional surveys which showed the location of adjacent homes including the one on the west end of the cul de sac adjacent to this proposal . Site lines drawn along the setback line for both the 35 foot line and the 22 feet along the cul de sac and extended west to the adjacent home show this proposal as not having any portion of the struc- ture projecting in front of the adjacent home. Mr. Olson said he and the architect had thoroughly reviewed the lot and place- ment of this home took into consideration drainage on the site and preservation of the other natural characteristics of the lot. Mahlon Swedberg questioned why a home could not be designed to fit this vacant lot. Mr. Olson said it was designed to accent the house to the northwest in consideration of the topography, adjacent homes and items previously noted. Architectural drawings of the proposed home were examined by the Board. Mr. John Hall , architect, described the design is to provide a house to fit the lot with the objective of having the back of the house toward the low area to maintain drainage. Careful consideration was also given to providing a home equal to or exceeding in appearance and value other homes in this development. Mr. Olson said he had discussed his proposed home with all of the neighbors and they all approved. Mike Sell questioned the encroachments of fences and black- top from other homes that exist along the lots property lines. Mr. Olson said some of these appear to have been in error by the previous owner/contractor and he had discussed these with the owners. Following further discussion and the effects of the cul de sac on this par- ticular lot, Larry Smith moved to approve the waiver as requested noting the drainage and topography of this lot, the location of the cul de sac which affects this lot substantially at the southwest corner and that the proposed home meets the standards established in this development. Kevin McAleese concurred and further noted the bulk of the house meets the 35 foot setback and only a small area abutting the cul de sac requires the waiver at the closest point. McAleese seconded the motion for approval and upon vote carried unanimously. Board of Zoning Appeals �� o � i Page 5 September 9, 1987 87-9-35 (Map 21) Industrial 730-734 Decatur Avenue North Bernard & Marvin Engle The Petition is for waiver of Section 7.05(1 ) front setback for 7 feet off the required 35 feet to a distance of 28 feet from the front lot line and for Section 7.05(3)d side landscape along the north lot line beginning at the east lot line and extending westerly approximately 75 feet and from the west lot line extend- ing easterly approximately 70 feet and for Section 7.06 parking, for 7 spaces off the required 52 spaces to a total of 47 spaces on the site. The petition was in order. Signatures of consent had been obtained from two of the four adjacent properties. The building on the south side managed by Welch Companies "did not have anyone that could sign". The adjacent north property owned by Mr. William Frank was noted as no signature because Mr. Frank was out of town. Bernard and Marvin Engle were present with Mr. Clair Volp of Volp Construction. Several other unidentified individuals of Ambassador Press were present with the Engles. Chairman Swedberg asked for a staff review prior to hearing the proponents. Lloyd Becker described this property as one of several developed by Mr. Volp in 1968. The adjacent property to the north is a similar building formerly American Fish and Seafood and presently owned by Mr. Frank as Morey's Fish Company. Last fall an easement that provided access to both of these properties from Boone Avenue was terminated. The American Fish property appeared before the Board of Zoning Appeals for a waiver of a portion of side landscape to provide for a driveway for truck traffic around this building. This was granted subject to certain conditions. Messrs. Engle appeared at that time in objection to any wai ver. � � � � Board of Zoning Appeals Page 6 September 9, 1987 This proposal is based on a site plan prepared by Mr. Volp for an expansion to a two-story addition on the front of the building. With the addition, the building would be 68 feet from the front of line. Nowever, parking similar to what now exists is proposed for the front along with a driveway in and out. To do so requires a waiver of front landscape to a width of 28 feet. The site plan submitted to staff did not contain a realistic representation of adequate parking and therefore parking that conforms to the code appeared as less than required. Landscape of 10 feet in width as required on the north side is pre- sently mostly blacktop and a waiver required in this area. Chairman Swedberg asked for Mr. Volp to make his presentation. Mr. Volp provided his history of development of this and adjacent properties he had constructed. He explained the Engles need 6,000 sq. ft. more of warehouse space for new press equipment and materials. The existing office area would be demolished on the interior and moved forward to the first floor of the new addition. Stripping facilities, etc. would be moved to the second floor portion of the addition. Mr. Bernard Engle came forward and elaborated further on their business func- tions, spaces, needs, number of employees' parking and truck traffic. Mr. Engle noted that the addition proposed would not be forward of the adjacent building which is at 35 feet from the front lot line. Chairman Swedberg des- cribed Mr. Volp's site plan as unrealistic and distorted. The Board's consensus was it was misleading and not in keeping with Mr. Volp's professional capabili- ties. Mr. Volp noted his plan was more concept and represented construction and parking that could be developed and identified later in actual construction plans. Chairman Swedberg asked for the proponent's description of hardship in their proposal . Mr. Engle described the costs of today's sophisticated printing equip- ment, some in the millions of dollars. The cost to move from their location would be irreparable as it would take approximately a month to dismantle the existing equipment and a similar length of time, as a minimum, to reestablish in another building, The Board quesioned the need for future expansion and if faced with a situation similar to the present, what would the proponents do? Mr. Engle suggested that at that point they would evaluate continuing in business At this time, Mr. William Frank and his son� who had been in the audience, spoke up and voiced their objection to the proposal noting they had minimum previous information, the site plan now shown was not like an earlier one presented them by Mr. Volp and they disputed the statement of no semi-truck traffic to the Ambassador Press site as described by Mr. Engle. There continued a lengthy discussion with the Board and exchanges between pro- perty owners. Mike Sell noted the date on the check submitted with the Board of Zoning Appeals petition, which did not contain Mr. Frank's signature. Sell said it was obvious no attempt within almost three weeks thereafter before the meeting to seek Mr. Frank's signature. Sell questioned whether this was an error of omission or a deliberate effort to mislead or mis-inform. � o � � Board of Zoning Appeals Page 7 September 9, 1987 The presentation and discussion approximated one hour. Prior to closing the matter, Chairman Swedberg called for a final summary by the proponents and any final comments. Mr. Engle summarized that they desperately need the space and would like to stay in Golden Valley. Mr. Engle said they have 33 employees, seven are sales staff who come and go, minimal walk-in traffic with approximately 10 or 20 employees on site. They could add an extra shift if necessary to reduce parking requirements at any one time. They would have 47 viable parking spaces on site. Mr. Volp had no further comment. Mr. Frank said the parking appeared flawed and doesn't see how parking and truck traffic will work. Kevin McAleese asked Mr. Frank how as an adjacent property owner he would have signed the petition form. Mr. Frank replied "he would not sign". Chairman Swedberg closed the discussion. The Board in further discussion among themselves noted the potential for problems that began with the construction of the buildings prior to Decatur Avenue being completed and easements that were created for access at that time and now terminated. The situation, as a result, ranged from description by the Board as a hardship to a business morass. To proceed on the waivers requested, Larry Smith moved to grant the waiver request for 7 feet off the required 35 feet front landscape, that the waiver for side landscape be denied and that a waiver of five parking spaces off the required 2 spaces be granted subject to establishment of the full 10 feet of landscape along the north lot line and blacktop removed to do so as necessary. Mike Sell seconded the motion for discussion. In discussion on the motion, Chairman Swedberg noted that if approved the pro- ponents are to cooperate to the fullest extent with the City Building Board of Review in providing adequate landscape, construction materials and finish to enhance the structure. Swedberg asked that the minutes note that the Board of Zoning Appeals respectfully requests the Building Board of Review give special attention to the landscape on this site. Larry Smith further clarified his intent on the motion as requiring landscape on the side and rear and curb and gutter in accordance with the City Zoning Code standards. Chairman Swedberg affirmed these conditions as required and called the vote. Upon vote, it was three ayes for approval and one nay (McAleese), motion carried. ,i � L � goard of Zoning Appeals Page 8 September 9, 1987 87-9-36 (Map 21) Industrial 1200 Mendelssohn Avenue North Michael C. Beatty - General Partner ITS-1987-XI Limited Partnership The Petition is for waiver of Section 7.05(1 ) front setback to provide for parking as it now exists along the west and north lot lines, and for Section 7.05(3)d for waiver of the required landscape along the south lot line as it now exists and for Section 13.07(c) curb and gutter along the south lot line as it now exists. Purpose of the waiver requests is to remove the non-conforming status in certain areas as described to allow the property to be subdivided for another building to be con- structed that fully conforms. The petition was in order. Consent had been obtained from adjacent industrial and residential properties. Mr. Michael C. Beatty was present. No others were in attendance. Chairman Swedberg asked for an overview by staff liaison, Lloyd Becker. Their property is presently a large parcel that abuts Plymouth Avenue on the north, Mendelssohn Avenue on the west, railroad property and trackage on the south and an industrial zoned parcel occupied by a construction company on the east. The property is proposed to be subdivided to provide for a separate parcel on the east half. The proponent has been before the Planning Commission, who have recommended approval . However, the Planning Commission, in their recommen- dation, recognized several non-conforming areas of the existing structure and their recommendation was conditioned on the proponent addressing those areas of non-conformance through the City Board of Zoning Appeals. Lloyd Becker reviewed the site plan, copies of which had been provided the Board members in their agenda materials. Kevin McAleese, Vice Chairman of the Planning Commission, and member of the Board of Zoning Appeals, provided a summary of the Planning Commission's recommendation. Mr. Michael Beatty explained his background as a general partner in the property. He had no knowledge of the non-conforming areas when they purchased the property. Mr. Beatty described the purpose of the subdivision and proposed new building which would fully conform to code requirements. The site plan has more than adequate parking for present and future needs. The parking along Mendelssohn in front of the building is vital to the office area occupancy and they would like to retain this. The south side of the parking lot which abuts `i 025 Board of Zoning Appeals Page 9 September 9, 1987 the railroad property slopes to the drainage ditch and green area. To curb and gutter this area, would hinder the natural flow of surface water as it now drains from the site. This area abuts no other structures or industrial proper- ties. At this time, there are loading docks on the north side of the building and while there is presently some landscape along Plymouth, the present parking area is also necessary for truck maneuvering and access to the docks. Chairman Swedberg asked Mr. Beatty what he would propose to do to enhance the present building in conjunction with consideration of his waiver requrest. Mr. Beatty replied he was willing to do whatever is necessary and reasonable to enhance the north and west side of the building. Larry Smith and Mike Sell expressed their concerns for traffic and egress and ingress on the site, especially as it now exists on Plymouth Avenue. Lloyd Becker noted traffic signals are in the process of being installed. Mike Sell replied that to him the signals were no significant improvement because the Plymouth Avenue entrance is located too close to the intersection and traffic also will still back up on Mendelssohn. Larry Smith said he felt traffic in this instance and many other areas and situations appears not to be adequately addressed as it relates to construction and development. The Board continued a lengthy discussion and exchange with Mr. Beatty following which Mike Sell moved to aprove the waivers as requested for the south lot line and along tfie west side abutting Mendelssohn, and not to approve any waiver for the area along Plymouth Avenue (north lot line) but to a ow it to continue in a non-conforming status until such time as su stantial improvements are made to the building. This may occur by the removal of the loading doors or changes in the parking configuration or interior development of the building. Second by Kevin McAleese. Chairman Swedberg called for discussion on the motion. Mr. Beatty expressed his concern that this action may result in the Planning Commission recommendation for approval being recinded or City Council denial . Kevin McAleese noted that speaking as one member of the Planning Commission it did not appear to him this action would change any recommendation but rather the action of the Board of Zoning Appeals addressed the major intent of the Planning Commission. Mahlon Swedberg noted the advantage to the City to have the opportunity at some later date to address the landscape area along Plymouth and, if possible, make it consistent with other properties that now meet the intent of the Zoning Code. Chairman Swedberg closed the discussion and called the vote. Upon vote, the motion by Mike Sell carried unanimously. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 11:00 P.M. Y� Mahlon Swedberg, Chairian loyd G. Beeker, Secretary /