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01-12-88 BZA Minutes '6 O � � MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS January 12, 1988 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, January 12, 1988, 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 Art Flannagan Kevin McAleese Mike Sell Absent by prior arrangement, Larry Smith. Chairman Swedberg called the meeting to order. Present for the meeting was City of Golden Valley Mayor, Mary Anderson. Chairman Swedberg introduced the mayor to the audience and on behalf of the Board welcomed her to the meeting. Mayor Anderson said she is attending the first meeting for 1988 of all the Boards and Commissions to personally thank everyone for their efforts and dedi- cation in serving the community and to ask everyone if they desire to be reap- pointed and continue to serve. Mayor Anderson commented on the particular responsibility the Board of Zoning Appeals has as a statutory board and how pleased the Council has always been with the careful consideration, deliberation and decisions made by this Board. Chairman Swedberg polled the Board and all present expressed their willingness to continue to serve and would accept reap- pointment. Chairman Swedberg said he would contact Boardmember Larry Smith and report back to the mayor. In closing, Mayor Anderson noted the many years the members have dedicated to the City and again thanked them for their continued participation. The first order of business was approval of the minutes of a regular meeting held November 10, 1987, (no meeting was held in December, 1987 because no items were submitted for an agenda) copies of which had previously been distributed to the Board. Mike Sell moved to approve the minutes as written and presented. Second by Art Flannagan and upon vote carried. 88-1-1 (Map 19) Commercial 9405 Medicine Lake Road Unocal 76 - Robert L. Halseth The Petition is for waiver of Section: 5.06(1 ) front setback, for 11 feet off the required 35 feet to a distance of 24 feet from the front lot line at Medicine Lake Road to the face of the proposed canopy over the gas pumps. Board of Zoning Appeals � 0 3 � Page 2 January 12, 1988 The petition was in order and consent obtained from adjacent properties. Present for the meeting was Mr. Donald Egerer, a consultant to Unocal . Also present was the operator of the service station, Donald Harmsen. The operator explained his need for the canopy as most other stations now have them. The primary purpose is to provide protection from the elements for self- serve customers. Mr. Egerer explained the structural characteristics and appearance of the pro- posed canopy. The Board reviewed plans and color brochures that were provided. Mr. Egerer noted, that the pumps meet the 35 foot setback requirement. The canopy has a 14'6" height clearance which is standard for the industry. Mike Sell commented that this canopy is similar to others in the community, some of which had been addressed by the Board of Zoning Appeals because of projection into the required 35 foot setback. Sell noted the prevelance industry-wide of the canopys and the advantage to the public now that self-service has grown. Chairman Swedberg noted that each situation is addressed on its individual characteristics and merits. In this case, the canopy does not appear to have any detrimental effects to this or surrounding properties. Mike Sell moved to approve the variance for the canopy as requested. Second by Art Flannagan who noted that a service station has unique marketing charac- teristics which require the gas pumps out in front of the buildings for use by the public. In doing so, it provides no other reasonable alternative for construction of any canopy. Chairman Swedberg called for discussion on the motion. There was no one in the audience other than the proponents. The Board had no further comment. The vote was called and it was unanimous for approval . 88-1-2 (Map 22) Business & Professional Office 811 Olson Memorial Highway 55 Kare 11 T.V. The Petition is for waiver of Section: 10.052 side setback for 32 feet off the required 50 feet from adjacent residential zoning to a distance of 18 feet to a fenced enclosure and dish antenna assembly at its closest point. The petition was not in order as it did not contain signatures from adjacent residential property owners. Mr. Roger Johnson, representing the firm of ATS&R was present. He explained that he was assured by his client Channel 11, KARE, that he could pick up the signature sheet at 5:30 P.M. the day of the meeting. However, it was not available when he arrived to pick it up. Secretary, Lloyd Becker, explained to the Board that the petition had been received by the deadline date December 22, 1987, and he was assured that the signature sheet would be received shortly after the Christmas holiday. Lloyd Becker said written notice, as required, had been sent by the City to all adjacent properties. � � � � Board of Zoning Appeals Page 3 January 12, 1988 Mike Sell said he might be able to understand this situation if it was a resi- dential property owner with no familiarity with the Board of Zoning Appeals and even then the instructions attached to the petition form and staff review leaves nothing to question what the requirements are. Art Flannagan moved to deny the petition request noting the lack of a completed petition and failure to contact residents. Flannagan also noted, no management f rom the station were present. Mike Sell seconded the motion for "discussion purposes". Kevin McAleese suggested the possibility of deferring to the next meeting rather than denying the petition without it being heard. Mr. Roger Johnson, of ATS&R, representing KARE 11 said he would ask that the Board defer rather than deny so he could go back to his clients and resolve the lack of signatures and meet with the neighbors. Mr. Johnson suggested several possibilities including he meeting with the neighbors if necessary to explain the proposal and preferably the station set a general meeting for all adjacent residents for informational purposes. At the conclusion of the discussion on the motion, Art Flannagan withdrew his motion for denial and Sell his second. Five adjacent property owners were pre- sent and expressed their concerns and opinions on not having been contacted by the proponents. Several commented on past history of the Station. After their comment, Mike Sell moved to defer this request for one month to the next regular meeting. Second by Art Flannagan and upon vote carried. 88-1-3 (Map 15) Residential 020 Winsdale Ronald J . Tomaszewski The Petition is for waiver of Section: 3A.08- 3A.06 front setback and cornice and eaves overhang for 1 .4 feet off the required 35 feet from Winsdale to a distance of 33.6 feet to the eaves at the closest point. The petition was in order. Consent had been obtained from all adjacent proper- ties. Mr. Tomaszewski was present and two adjacent properties were present and voiced their approval . Mr. Tomaszewski explained his present house is a single story and he proposes to add a second floor as the lot area is limited for other expansion. A structural engineer estimated that to overhang the addition totally to the rear rather than as now proposed, would cost approximately an additional $10,000. To reduce the . size to the configuration of the first floor level would reduce the rooms to a very small size some which might be questionable to meet code. The stairway to the upstairs takes out considerable habitable space. `� 03J Board of Zoning Appeals Page 4 January 12, 1988 Mr. Tomaszewski provided the Board with additional plan infor*mation. During discussion, Mike Sell noted that the Zoning Code does provide for a 30 inch overhang for cornices and eaves if the structure itself ineets the 35 foot set- back. In this particular case, the second floor projects 18 inches over the first floor and this plus the additional overhang creates the need for the variance. - Art Flannagan said that in his observation of the existing house, the addition would have no significant effect on adjacent properties. Kevin McAleese noted this is a 75 foot wide lot and the present house just meets the required set- backs. There are no other reasonable alternatives that would provide for the space needs proposed. At the close of discussion, Art Flannagan moved to approve the waiver as requested. Second by Kevin McAleese and upon vote carried. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 8:35 P.M. � Mah �n Swedberg, airman d G. ecker, Secretary