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04-12-88 BZA Minutes MINUTES OF A REGULAR MEETING OF THE � O `-� J GOLDEN VALLEY BOARD OF ZONING APPEALS APRIL 12, 1988 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, April 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 Larry Smith Kevin McAleese Herb Polachek, alternate Absent by prior arrangement, Mike Sell . Chairman Mahlon Swedberg called the meeting to order and informed those present that annually at the April meeting a new Chairman is elected for the year. All members have been previously reappointed by the City Council . Chairman Swedberg relinquished the chair to Secretary Lloyd Becker, who called for nominations. Larry Smith nominated Art Flannagan for Chairman for 1988. Nominations were called for twice more. The secretary closed the nominations and Larry Smith moved to appoint Art Flannagan for 1988. Second by Herb Polachek and upon vote carried unanimously Art Flannagan assumed the Chair. The first order of business was approval of the minutes of a regular meeting held March 8, 1988, copies of which had previously been distributed to the Board. Larry Smith moved to approve the minutes as written and presented. Second by Herb Polachek, and upon vote carried. 88-4-9 (Map 17) Commercial 600 Olson Memorial Highway Kentucky Fried Chicken The Petition is for waiver of Section: 5.06(1) front setback and landscape, for 15 feet off the required 35 feet along Rhode Island Avenue to a .distance of 20 feet, and for 7 feet off the required 35 feet of landscape area adjacent to the north right-of-way line along Highway 55, and for Section 5.06(c) side setback, for 4.4 feet off the required 10 feet of landscape along the west lot line to a distance of 6.6 feet at its closest point, and for Section r� 0 1 �T 8oard of Zoning Appeals Page 2 April 12, 1988 5.06(a) side setback, for 18 feet off the required 25 feet of landscape along the north lot line to a distance of 7 feet of landscape at its closest point. Purpose of the waiver requests are in conjunction with a proposed new building on the site. The petition was in order. Present to represent Kentucky Fried Chicken were Mr. Anthony Coursal of the Real Estate Division, Mr. Jurij Ozga, architect and the local manager. Mr. Coursal explained the proposal is to remove the existing two buildings and construct a new modern facility. He noted that Kentucky Fried Chicken had been at that location for 18 years. It is a good location and a restaurant is needed in the area. The proposed new building has a much better building to land ratio than the existing site but they would still need variances so adequate parking could be provided for. Jurij Ozga presented a colored site plan which highlited the landscape that could be installed. A rendering of the proposed new building was described as only the second of its kind in the United States. The first building of this type was built in Ohio last year and was received enthusiastically. Mr. Ozga described in detail the parking arrangement, traffic flow and use of the drive-thru which is expected to account for 40 percent of the business. Larry Smith asked what is the present and proposed seating capacity. Mr. Ozga responded the present is 16, the proposed is 35. Art Flannagan questioned the need for variances on a new building. The response was to provide the required parking as some spaces projected into the required landscape. Mahlon Swedberg asked if the need for parking is generated by the seating and the response was yes and is required by ordinance. Herb Polachek noted the difficulty with traffic into and out of the present site especially during rush hours and he expected worse should a new building with more capacity be built. The 8oard continued a lengthy discussion and exchange of responses to traffic, acquisition of more property to meeting zoning code requirements, reduction in building size and the possibility of redevelopment in the block which might include an opportunity for Kentucky Fried Chicken. Secretary Lloyd Becker noted staff had reviewed that possibility with the architect; however, at the present time KFC Marketing requires a stand alone site. Mr. Coursal said there is a real need for a restaurant in the area, noting the new office buildings and surrounding retail . He said this site is one of the oldest type in their chains and needs a new building. If denied, they would continue to exist as is. A new building would better serve the "health and welfare" of the residents of the community. � 04J Board of Zoning Appeals Page 3 April 12, 1988 In summary, the consensus of the Board was that what was described as good for KFC was not desirable for Golden Valley because of the variances required. Kevin McAleese questioned the hardship that required the waivers, as it appeared that was created by KFC and he questioned the Board's power to grant any waivers in this situation. Chairman Flannagan closed the discussion and asked for a motion. Mahlon Swedberg moved to deny the waivers as requested. Second by Herb Polachek and upon vote, motion to deny carried unanimously. The appeal process to the City Council was explained to the proponents if they elect to do so. 88-4-10 (Map 14) Commercial 7775 Medicine Lake Road V.F.W. The Petition is for waiver of Section: 5.06(1 ) front setback, for 15 feet off the required 35 feet of landscape along Medicine Lake Road to a distance of 20 feet as it now exists. Purpose of the waiver request is to provide for a fully conforming addition and parking to be added to the existing building. The petition was in order, consent had been obtained from adjacent properties. Mr. Terry Duffy, engineer for the VFW building addition, was present. Several members of the VFW Building Cornrnittee were also in attendance. Mr. Duffy noted the VFW now owns the building they are in and he described the proposed addition to the south of the structure. The present building was granted waivers when it was constructed and they included the present front set- back. Mr. Duffy said they would lose parking spaces vital to the other retail tenants if they now had to establish the full 35 feet in front. They would also be short of spaces to meet the new code. The Board reviewed the site plan. All the new construction would meet the Zoning Code. The present gravel parking areas would all be brought up to current standards of curb and gutter and asphalt surfaces. The landscape would meet current standards. At the close of discussion, Larry Smith moved to approve the waiver as requested, noting the previous waivers granted for construction of the original building and the major improvement the proposed construction would make to the site. Second by Kevin McAleese and upon vote carried unanimously. � o � � Board of Zoning Appeals Page 4 April 12, 1988 88-4-11 (Map 21) Industrial 710 Mendelssohn Avenue Northwestern Bell The Petition is for waiver of Section: 7.06(1)-(2) Parking, for 60 spaces off the required 170 spaces for the existing building and the proposed addition. The petition was in order and consent obtained from adjacent properties. Ms. Alma Fitzloff was present to represent Northwestern Bell . Ms. Fitzloff described herself as an employee of Northwestern Bell and represents the Real Estate Department. Ms. Fitzloff described the present building and current use. There is a large administrative function with approximately 100 employees and two massive cable vaults that provide for all the telephone switching, monitoring and communica- tions equipment for a very large portion of the metro area. There is a large amount of cables, fibre optics, etc. , that all must meet and match with the existing and proposed new equipment. They are not adding people. The addition would house only solo electronic gear. Ms. Fitzloff described other property near Ridgedale that had been acquired from Dayton-Hudson some years ago. This would have been the site for a new building; however, it was lost through con- demnation for Highway I-394. For security purposes, any facility must be a hardened facility to insure continuity of communications and public safety. Ms. Fitzloff continued a lengthy and detailed description of the function of the equipment, space needs and their review of alternatives. Larry Smith noted that by her description their needs have the appearance of a crisis. Ms. Fitzloff said that with the loss of the other property, the expanding needs and growth in the area, crisis" would be an appropriate description. Mahlon Swedberg noted a staff inemo to the BZA which described a previous meeting betweer► staff and Northwestern Bell representatives where the possibility of an agreement was discussed. If approval was granted, Northwestern Bell would agree to take whatever means necessary, including removal of portions af the building, to bring the property in compliance with the zoning code should Northwestern Bell ever vacate the building, sell or lease to another owner/occupant or reduce its needs for space in the building. Ms. Fitzloff said that this could be agreed to as part of any approval . The Board questioned if the present area used for administrative purposes could be converted to equipment area and the employees moved out? Ms. Fitzloff responded that they were definitely looking at that but because of the need to locate the equipment in specific relationships to cabling, etc. , they are not sure that its physically possible. If it does prove possible, they would pursue that rather than the second floor addition. Board of Zoning Appeals �I o � � Page 5 April 12, 1988 In any event, if construction occurs on the site, they are going to have to find another site for some of the people while it takes piace. Larry Smith noted that the Zoning Code is designed to be applicable to industry but this type of use is unique with large areas of the building housing equip- ment and no employees. Smith also noted the poor soils and drainage problems on the present site. Mahlon Swedberg moved to approve the waiver as requested, subject to Northwestern Bell entering into an agreement with the City as noted herein as a condition of approval and said agreement duly recorded to run with the property until such time as no longer necessary. Second by Herb Polachek and upon vote carried unanimously. 88-4-12 (Map 9) Residential 801 Meadow Lane South Dexter J . and Mary E. Marston The Petition is for waiver of Section: 3A.06(2) rear setback, for 12.5 feet off the required 26 feet (20 percent of lot depth) to a distance of 13.5 feet from the north lot line to the proposed garage addition. The petition as submitted did not contain the signatures of the property owner directly across the street nor the property adjacent on the north. Those pro- perty owners were present at the meeting and presented a petition signature form signed as not given. Mr. and Mrs. Marston were not present as they had a long standing commitment out of town. They were represented by their architect and the builder. Mr. Chris Wilson, the architect, explained the proposed garage addition. They tried several design alternatives because of the topography and unusual iot con- figuration. This placement of the attached garage does not require any waivers of the front setback because of the shape of the lot and the placement of the existing house. The lot line adjacent to the proposed addition has every appearance as being a side lot line and as such would need a variance of only a foot or so at the closest corner. Secretary Lloyd Becker explained how, by ordinance, the front, side and rear of a lot is determined. This lot is a corner lot with a long radius that requires a 35 foot setback for almost 50 per- cent of the lot. The survey was reviewed with the City Engineering Department and in the applica- tion of the Zoning Code this area on the side of the house for the proposed addition is actually the rear of the lot. This requires 20 percent of the lot depth as a setback rather than a side setback at 15 feet. Mahlon Swedberg questioned the width of the garage at 26 feet and whether it could be reduced. The architect noted that because of construction characteristics such as block foundation walls and 2 x 6 construction, the interior approximates 24 feet. In addition, another three feet is lost to a stairway to provide access into the house. This leaves an interior of 21 feet which is a minimum for two cars. ,� � � � Board of Zoning Appeals Page 6 April 12, 1988 Mrs. Marilyn Lipshultz, who is the property owner directly across the street, objected to the proposed garage addition because it would block her view through the property to other houses and green area at the rear of this home. The architect described to her and the Board that the proposed garage would not intrude and that was very carefuly considered. Mr. Thomas Kersten, adjacent neighbor to the south said his elderly parents live with them and they are home all the time and they wouldn't like looking at the proposed addition. Mahlon Swedberg said the Board is dealing with a lot of a highly unique con- figuration and topography. The interior area is minimal and the garage would bring the house up to more reasonable current standards. The Board reviewed again any possible alternatives. Any other configuration would require a front setback waiver as well as along the rear lot line. Mahlon Swedberg moved to approve the waiver as requested and in doing so noted the topography of the lot, the hardship of a large 35 foot setback along two sides because of the lot configuration and that any design alternatives were worse as they infringed front and rear. The motion was seconded by Larry Smith and upon vote carried unanimously. 88-4-13 (Map 21) Residential 1149 Orkla Drive Terry L. Steen The Petition is for waiver of Section: 3A.06(1 ) front setback, for 11 .2 feet off the required 35 feet from Orkla Drive to a distance of 23.8 feet to the proposed garage addition at its closest point, and for Section 3A.06(3)b side setback, for 2.1 feet off the required 14.4 feet from the north lot line to a distance of 12.3 feet from the lot line to the proposed garage addition at its closest point. The petition was in order and consent obtained from adjacent properties. Mr. Steen was present. He described his home as being on a lot with a curving front lot line. The existing home varies from 47 feet to 50 feet back. Orkla Avenue is a long curving street at this point with no other adjacent homes in alignment. His proposed addition would not project into adjacent alignment. The north and west side of the lot abuts City open property sometimes referred to as a tree farm. The Board discussed the proposed dimension and construction characteristics and that the garage size proposed was a minimum for two vehicles. Noting the configuration of the lot, the placement of the existing house which limits any reasonable alternatives and the curving street to almost a 90 degree turn at this location, Larry Smith moved to approve the waiver as requested. Second by Kevin McAleese and upon vote carried unanimously. l� � 04 � Board of Zoning Appeals Page 7 April 12, 1988 88-4-14 (Map 12) Residential 222 Hanley Road Thomas R. Bauer The Petition is for waiver of Section: 3A.06(1 ) front setback, for 14.4 feet off the required 35 feet to a distance of 20.6 feet from Hanley Road to the proposed addition to the existing garage, and for Section 3A.06(3)b side setback for 6.5 feet off the required 11.2 feet from the north lot line to a distance of 4.7 feet to the proposed garage addition at its closest point. The petition was in order. Consent had been obtained from adjacent neighbors except for the neighbor to the north, Mr. Roger Nelson. There is an existing attached single-car garage, which was provided for by waivers from the BZA in March 1979. The minutes of that approval had been provided to the Board in their agenda packet. Mr. Thomas Bauer was present. He had purchased the property approximately one and a half years ago. His family has two cars and the single garage is inadequate He had looked at the alternative of building a driveway along the north side of his house and constructing a detached garage in the rear of the lot. This would require an expensive retaining wall , would bring the driveway to the lot line and the total cost is prohibitive. Mr. Bauer noted he has a very deep lot which on the west side abuts the Brookview parking lot. There is no access available to him from that side. Mr. Roger Nelson was present. He said he objected to the previous waiver which was a substantial projection into the front setback alignment. He noted the previous owners had described the former tuck-under basement garage as a real problem including flooding. In their previous petition they had noted health problems and the need for a useable garage. Not long after the existing improvements were made the "for sale" sign went up and they moved. Secretary Lloyd Becker noted that when this property had been up for sale again about a year and a half ago, the Building Department had numerous inquiries about the feasibility of additional garage space and the possibility of detached construction to the rear. Those inquiries were responded to as recognizing the possibilities were slim, at best, for any expansion as now proposed. Mahlon Swedberg said he is very .familiar with this area and has always been sensitive about the waiver for the existing garage. While he noted he was not present at the meeting where it was app.roved, in restrospect he felt he would have had an awful time considering approval and the proposed expansion to within 5 feet of the lot line would only make matters worse. 1 '! 0 5� Board of Zoning Appeals Page 8 April 12, 1988 In summary, Mr. Bauer said he feels his lot has a hardship, he intends to stay in Golden Valley, likes the area and will raise his family here and needs more garage space. Chairman Flannagan closed discussion and asked for a motion on this proposal . Kevin McAleese moved to deny the waiver as requested. Second by Mahlon Swedberg and upon vote carried unanimously. The Chair informed Mr. Bauer of his right to appeal to the City Council . 88-4-15 (Map 10) Residential 800 Douglas Avenue David M. Gottlieb The Petition is for waiver of Section: 3A.06(3)b side setback, for 5.9 feet off the required 12.3 feet to a distance of 6.4 feet from the north lot line to the proposed deck at its closest point. The petition was in order and contained consent from all adjacent properties. Mr. and Mrs. Gottlieb were present. Mr. Gottlieb described his proposed deck. He noted he is on a corner lot with two 35 foot setbacks required. The place- ment of the existing house and topography of the lot leave no other alternatives. The Board discussed in detail the deck and existing conditions at the rear of the house. During discussion, it was noted that on the current survey provided with the petition, the house is turned slightly on the lot and one corner is shown as 34.8 feet from the front lot line. At the close of discussion, Mahlon Swedberg moved to approve the waiver as requested for the deck and for .2 feet off the required 35 feet to a distance of 34.8 feet from the front lot line as the house now exists. Second by Larry Smith and upon vote carried. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:40 P.M. Art Flannagan, Ch rma - oyd G. B cker, Secretary