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02-09-88 BZA Minutes '� � 7J � MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS February 9, 1988 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, February 9, 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 Kevin McAleese Larry Smith Herb Polachek (Alternate) Absent by prior arrangement, Art Flannagan and Mike Sell . The first order of business was approval of the minutes of a regular meeting held January 12, 1988, copies of which had previously been distri- buted to the Board. Larry Smith moved to approve the minutes as written and presented. Second by Herb Polachek and upon vote carried. The first item to be addressed by the Board for a waiver petition was KARE 11, located at 8811 Olson Highway. Mr. H.G. Aldrich was present and said the engineer had not arrived, and he asked if the agenda could be adjusted to accommodate them later. Herb Polachek moved to adjust the agenda order and place KARE 11 last. Second by Larry Smith and upon vote carried. 88-2-5 (Map 20) Residential 1320 Orkla Drive Rondal M. Thompson The Petition is for waiver of Section: 3A.06 front setback, for 15 feet off the required 35 foot setback from Orkla Drive to the existing house-garage at its closest point, and for Section 3A.06(3)a side setback, for 6 feet off the required 15 feet f rom the north lot line to a distance of 9 feet to the garage as it now exists at its closest point. Purpose of the waiver request is to correct existing non-conforming areas to allow for a room addition to be added at the rear of the existing dwelling The petition was in order and consent obtained from all adjacent proper- ties. Mr. Thompson was present. No others were in attendance for this i tem. Board of Zoning Appeals � 0 3 ? Page 2 February 9, 1988 Mr. Thompson explained his proposed addition at the rear of the house. The home, as it exists, was built by him approximately 25 years ago and, because of high water table conditions, has no basement, and is built on a slab. Mr. Thompson said he understood his house conformed to zoning requirements when built, however, as Orkla Drive was developed, it reduced the front setback. No records were available that confirmed this. During discussion, the Board noted a 16x20 shed at the rear of the house that is presently shown on the current survey as being 12.5 feet from the rear of the house. The proposed addition would reduce this to a 5 foot separation. Mr. Thompson went into a lengthy explanation that this shed is attached by a breezeway and is part of the existing house. It has heat in it, and used as a garden room and storage. Being now described as part of the main structure, this creates a situation where the 20� of the lot depth from the rear lot line is required. The existing survey shows the shed area as 21.4 feet from the rear lot line. 32 feet is required. The Board noted the existing design of the garage adjacent to the house. When built, this was considered as attached and part of the principle structure. Kevin McAleese noted this appeared more as a lattice work type of connection and could the garage be con- sidered as detached? After lengthy discussion it was agreed that a waiver is necessary from the rear lot line as the structure now exists and the garage is considered attached. Larry Smith moved to approve the waiver as requested on the agenda for the existing house and to waive the required 20% of the lot 'depth setback to a setback of 21.4 feet as the house now exists. The motion was seconded by Kevin McAleese who added that the minutes reflect that the existing garage as constructed is considered attached and part of the main structure. Larry Smith agreed to this as part of the intent of his motion for appro- val . Chairman Swedberg asked if anyone was present who desired to be heard on this matter. Hearing and seeing no one, discussion was closed, the vote was called and it was unanimous for approval . 88-2-6 (Map18) Industrial 6 00 Wayzata Blvd. Menard's, Inc. The Petition is for waiver of Section: 7.05 (1) front setback for 15 feet off the required 35 feet to a distance of 20 feet of landscape area along Wayzata Blvd. , Hampshire Lane, Laurel Avenue and Jersey Avenue, and for Section 7.05(3)c for 10 feet off the required 20 feet side setback for that structure 230 feet in length along the west lot line to a distance of 10 feet. � � � � Board of Zoning Appeals Page 3 February 9, 1988 The petition was in order and contained approval from seven adjacent pro- perties. Present for the meeting was Mr. Marv Prochaska, Vice-President, Real Estate, Menards, and several unidentified Menards personnel . Mr. Prochaska reviewed his letter summary which outlined the reasons for the waiver requests and the proposed improvements on the site. Mr. Prochaska said they are surrounded on four sides by city streets and to them that is a hardship if a 35 foot setback is required on all four sides. Chairman Swedberg said the proponent certainly was familiar with the pro- perty when they purchased it and just because it is a large parcel , one block square, it doesn't seem that is a hardship. Mr. Prochasha described the existing solid fenee. The proposed structures around the property would be approximately 16 feet high and would further screen the outside lumber storage. They would enclose lumber and materials on the inside. The revised parking with setback waiver would provide approximately 52 more spaces. The Board entered a lengthy discussion and review of site plans, aerial photos and landscape photos of other existing stores. The consensus and primary concern was for the effect on Laurel Avenue. The Board noted the upgrading of Laurel Avenue to date, the landscape and trail system and the future appearance when completed would greatly enhance the City. Herb Polachek moved to grant the waivers as requested except those along Laurel Avenue. Larry Smith seconded the motion, noting it was for discussion purposes only. The Board in discussion of the motion questioned the rationale for Polachek's motion. In summary, it was the consensus of the Board to grant the waivers as requested along Wayzata Blvd. , Hampshire Ave. , and Jersey Ave. , and to deny any waivers along Laurel Ave. , and ������� ���� the 35 foot green area and setback be maintained. In addi- tion, two site plans were marked as Exhibits "A", both signed by Mr. Prochasha and Chairman Swedberg, and both with markings identifying the areas of approval . One copy for Menards, the other for city records. Chairman Swedberg called the vote on the matter for approval less the Laurel Avenue side and subject to the limits noted on the exhibits. Upon vote it was 3 ayes for approval and one nay - (McAleese) motion carried. 88-2-4 (Map 22) Business & Professional 8811 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. (Deferred from J anuary 1988 meeting). 103 � Board of Zoning Appeals Page 4 February 9, 1988 The petition was in order. Present for the meeting was Mr. Roger Carlson of the architectural firm of A.T.S.R. , Mr. H.G. Aldrich, Chief Engineer for KARE 11. An adjacent neighbor from 400 Decatur Avenue North was also pre- sent. Mr. Aldrich described the proposed antenna which is required to obtain reception from a satellite. A recent survey which located an existing dish antenna showed its placement 7 feet further east than was previously deter- mined. This provides the ability to locate the proposed new antenna 7 feet further east which reduces the requested waiver to 25 feet off the required 50 feet from the residential zoning. Mr. Aldrich provided a lengthy technical review of the operation and requirements for satellite to earth communications. KARE looked at several other locations on the property for the antenna. One alternate location shown on the site plan was at the northwest corner of the property in front of the building. Another alternate was to place the proposed dish behind an existing one, but on pillars that would make the total height 46 feet. KARE 11 had held a meeting for all the neighbors prior to the meeting and in discussion, both alternate locations were the least acceptable. The dish on pillars would also require a conditional use permit because of the height (exceeds 30 feet). Mr. Roger Carlson reviewed the structural requirements and the existing landscape and berm along the west lot line. He noted the possibility of additional landscape had been discussed with the neighbors. Mahlon Swedberg asked why the antenna could not be placed at the south end of the property. Mr. Aldrich described the 300 foot limitation for cable recep- tion from the antenna and also noted this would place the antenna i'n the flight path of their helicopter. Mr. Don Rolf, 400 Decatur Avenue, said he had reviewed the proposed location of the antenna and the alternates and could understand the need for it. He was also very concerned about the continual expansion of the facility. Every year it seems to be something else. Kevin McAleese questioned the placement of the antenna and the possibility of all the equipment being located at an antenna farm outside the city, as evidently other television stations have done. Mr. Aldrich responded to the technicalities involved in such a situation. In a summary of discussion Chairman Swedberg noted that if there is to be an antenna, it appears this is the most viable location. There is no noise related to its' operation and possibly additional landscape could temper the effect on adjacent neighbors. Larry Smith said he felt KARE 11 is a major asset in the city. He noted previous waivers which provided for construction of the existing building and internal antenna. This proposed antenna does not appear to have an inordinate effect and a tower would have a much greater impact. f� � 4 � Board of Zoning Appeals Page 5 February 9, 1988 Kevin McAleese said he dislikes satellite dishes in the business and pro- fessional office zoning, however, considering the present situation, and the lack of other reasonable alternatives, he would vote in favor of this request. Chairman Swedberg closed the discussion on the motion, asked if there was any further comment from the proponent and the adjacent neighbors. There was none. Kevin McAllese moved to grant the waiver for 25 feet off the required 50 to a distance of 25 feet from the west lot line and conditioned on KARE 11 meeting with the adjacent neighbors to discuss the placement of additional landscape along the west lot line and antenna areas, and come to an agreement with the neighbors. Seconded by Herb Polachek and upon vote motion carried unanimously. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:25 P.M. � Mahlon Swedberg, Chairman loyd G. Becker, Secretary