08-09-88 BZA Minutes 1075
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
AUGUST 9, 1988
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, August 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, Art Flannagan
Kevin McAleese
Mahlon Swedberg
Mike Sell
Absent by prior arrangement, Larry Smith. (No alternates were available for
this meeting. )
The first order of business was approval of the minutes of a regular meeting
held July 12, 1988, copies of which had previously been distributed to the
Board. Mike Sell moved to approve the minutes as written and presented.
Second by Kevin McAleese, and upon vote carried.
Secretary, Lloyd Becker, brought to the Board's a ttention that representatives
for Avis Rent-A-Car had called him earlier in the day requesting the opportunity
to be placed first on the agenda as they were coming in from New York City and
the last available flight back lef t at 9:30 P.M.
Chairman Flannagan polled the other pe titioners and interested parties in a tten-
dance asking if anyone objected or would have a hardship if the agenda order
were adjusted to accomodate Avis. Hearing and seeing none, Mike Sell moved to
adjust the order of the agenda to place Avis as the first item rather than
last. Second by Mahlon Swedberg and upon vote carried.
88-8-44 (Map 22) Commercial
9010 Olson Memorial Highway
Avis Rent a Car
T he Pe tition is for waiver of Section;
11.30 Subd. 7 side setback, for 19 feet off the required 20
(�) 3 feet setback from the west lot line to a distance
of 1 foot from the west lot line to the bui.lding
as it now exists and for Section
11.30 Subd. 7(A) front setback, for 10 feet off the required
35 feet green area along Highway #55 to a distance
of 20 feet and for 35 feet off the required 35 feet
along Golden Valley Road to allow for 6 parking
spaces as they now exist in the front of the
building.
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August 9, 1988
The petition was in order, signed acknowledgement had been obtained from all
adjacent properties. Present for the meeting was Mr. James R. McCarron,
Regional Director-Properties, and several other Avis representatives. Also
present was Mr. Ralph Lange, the adjacent property owner to the west of the Avis
proposal .
Secretary Lloyd Becker noted that based on new survey da ta received af ter the
agenda had been prepared and upon new site plans just received this morning by
air express, the agenda proposal should be adjusted to read as follows:
"On the west side of the building for 20 feet off the required 20 feet to a
distance of 0 feet from the lot line as the building now exists; and for 15 feet
off the required 35 feet of landscape along Highway 55 to a landscape width of 20
feet as it abuts highway right-of-way; and for 5 feet off the required 10 feet
of landscape along the east property line to a landscape area of 5 feet in width;
and for 35 feet off the required 35 feet of landscape directly in front of the
building as it now exists, to allow 7 parking spaces to remain available. Based
on their recent site plan, the Avis representative agreed that this correctly
identified their proposal . �
Mr. James McCarron described tNe Avis proposal . Avis has a lease plan for an
initial five years plus renewable at five year increments for a total of at least
15 years. They have plans for completely remodeling the interior and exterior
including a substantial amount for landscape.
The parking spaces in front would be used for customers so there would be no
traffic or pedestrians in the display lot area. They sell their rental cars
only on-site, do not take trade-ins and no repairs would take place. Mr.
McCarron noted that an example of their type of opera tion could be observed in
White Bear Lake on Highway 61 where a recent service station and glass replace-
ment company was purchased and renovated to an Avis sales property.
Mahlon Swedberg questioned the written explanation and signature approval
request sent by Avis to adjacent property owners. Mr. McCarron said most were
commercial type properties and the actual owners were difficult to contact.
Several properties were vacant parcels of land. Avis obtained a list of owners
of record from the City. By registered mail , they described their proposal,
noted the date and time of the meeting and provided a phone number they could
call collect for further information. Mr. McCarron provided the Board with
copies of the letter sent to each property owner and the original return receipt
which all had signed.
Mr. Ralph Lange, the adjacent property owner, came forward to ask to see the
current survey as he was concerned if the building was actually over the line
and on his property. Secretary, Lloyd Becker, provided a survey noting that
several days previous to the mee ting, the surveyor had called to discuss the
building, noting that it was adjacent to a north/south section line and might be
slightly over the line. The survey when completed and received and before the
Board shows the building apparently not over the line but a t the closest point
a t the line.
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August 9, 1988
Mr. Lange was concerned that if the variance were granted for the building as it
now exists, it would cause him title problems. Chairman Flannagan noted that
the Board is only addressing a variance from the property line for the 20 foot
setback and is not and cannot address the situation if it is over the line, as
that is a legal matter between the property owners. However, an examination of
the survey does not show the structure as over the line. No notation is made as
such by the surveyor.
Mahlon Swedberg questioned why Avis wanted to retain the parking directly in
front of the building ra ther than landscape the 35 feet as required. Mr.
McCarron replied that Avis does not want to mix customer traffic and pedestrian
traffic in their display lot. The parking spaces directly in front would work
out well for customer inquiry and convenience. Mike Sell commented on his
observations earlier this year at the airport Avis location.
Mr. Ralph Lange, who had spoken earlier, lef t the meeting. At the close of the
presentation and discussion, Mike Sell moved to grant the waivers as clarified
at the start of the meeting and amended in accordance with the new survey and
site plan. Second by Mahlon Swedberg, who noted he did so for discussion
purposes.
Swedberg again expressed his concern for the parking spaces vs. landscape in the
front and also only 5 feet of landscape on the east. He felt if the waiver is
granted, Golden Valley will never again have the opportunity to bring the pro-
perty up to current landscape standards. Kevin McAleese commented that while he
is a Planning Commission member as well as BZA and recognizing that the Planning
Commission recommendation was favorable for the Avis Conditional Use Permit, he
could not see the hardship in his opinion that would provide the Board a
rationale to waive the landscape in front of the building. James McCarron
questioned if there wasn't some compromise that could be arrived at, emphasiz-
ing again their reluctance to mix customer traffic on the lot.
McCarron noted that at the present time the building and site is and has been an
eye sore and by November that would all change if granted approval . The Board
discussed alternatives and exchanged observations at length. Mahlon Swedberg
called the question on the motion and upon vote it was two ayes for approval
(Sell and Flannagan) and two nays (Swedberg and McAleese). Chairman Flannagan
declared the motion for approval failed and the waivers denied.
After some discussion, Mahlon Swedberg moved to grant the waivers along the
east, south and west lot lines as previously noted herein as described on the
site plan suggesting tha t Avis go back to New York and explore alterna tives to
the parking in front. Second by Kevin McAleese who also noted the potential of
Avis making a substantial improvement to the property if they can resolve the
parking area. Upon vote, it was unanimous for approval of the waivers as
described. The site plan as part of this meeting will be described as Exhibit
"A" and filed with the petition for record.
The Board described the appeal process available to Avis on the denial of the
variance along the north lot line for the proposed customer parking and
Secretary, Lloyd Becker provided them with the appeal form.
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Board of Zoning Appeals
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August 9, 1988
The Board re turned to the agenda sequence as prepared.
The next item was 7637 Knoll Street, Susan Sajadi . This item had been deferred
from the previous regular meeting in July because the proponent was not present
nor was anyone else present on her behalf. Hearing and seeing no one at this
meeting, the Board decided to hear this item last in the event the proponent
arrived.
88-8-41 (Map 4) Residential
3101 Noble Avenue North
Daniel M. McGinley
The Pe tition is for waiver of Section:
11.21, Subd. 7(A) front setback, for 1.2 feet off the required
35 feet from Noble Avenue, to a distance of
33.8 feet to the house as it now exists at
its closest point; and for 17 feet off the
required 35 feet from Triton Drive to a
di stance of 18 feet from the 1 ot 1 i ne to the
proposed detached garage.
The petition was in order. Consent had been obtained from all adjacent proper-
ties. Mr. McGinley was present. No others were in a ttendance on this item.
Mr. McGinley explained his proposal was to replace an existing dilapidated
single-car garage with a new two-car garage in the same place as the old one.
This is a corner lot at Noble and Triton Drive. The house and garage are in
alignment with each other and with adjacent properties. If the garage was moved
in from Triton Drive to comply with the 35 feet, it would place it directly in
the middle of the backyard and centered behind the house. This being a corner
lot it would would eliminate any useable back yard. While there is no record of
any previous waivers being granted for the existing established setbacks of this
house and garage and other adjacent properties from Triton Drive, it appears
that when right-of-way was aquired for Triton Drive, it quite possibly reduced
the setback to 18 feet as i t now exi sts.
Mr. McGinley went through detailed sketches and site plans he had made of adja-
cent properties as they relate to his proposal . He described substantial
landscape that would be added with the garage project total over $10,000. At
the close of his presentation, Chairman Flannagan complimented Mr. McGinley on
the thoroughness of the prepara tion of materials for the mee ting.
Mahlon Swedberg felt the request is a reasonable one, the garage would align
with the existing house and other properties and the corner lot with existing
setbacks creates a hardship for any alternatives. Mahlon Swedberg moved
approval . Second by Mike Sell and upon vote carried.
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August 9, 1988
88-8-42 tMap 18) Residential
255 Louisiana Avenue South vacant lot)
Dan Ribnick
The Pe tition is for waiver of Section:
11.21, Subd. 7(A) front setback, for 4.8 feet off the required 35 feet
from Colonial Road to a distance of 30.2 feet from
the lot line to the proposed house at its closest
point and for waiver of Section:
11.21, Subd. 7
(C) (1) side setback, for 3 feet off the required 15 foot
side setback from the north lot line to a distance
of 12 feet to the proposed structure.
The petition was in order. Consent had been obtained from adjacent properties
with several adjacent owners noting their concern for final grading of the pro-
perty for adequate drainage consistent with the area.
Mr. and Mrs. Ribnick were present with their architect, Mr. Charles Coombs.
Mr. Coombs made the presentation.
The site is a heavily wooded rectilinear corner lot. The major trees being
cotton wood, located at the back (east) and a t the corner (southwest). The soil
conditions are marginal at best, with the worst condition with the site being
adjacent to the drainage pond south of Colonial Road. The combination of poor
soils and ground water concerns will necessitate soil correction to achieve
proper bearing conditions for any residential dwelling.
The design solution dictates a two-story plan to minimize the size of the
building foot print (responsive to the soil conditions). The irregular building
configuration chosen stays as far away as possible from the worst soil con-
ditions (a t the north east corner) and away from the most ma ture trees (a t the
south west corner). This configuration also provides the best sight angles for
motorists, at the corner of Lauisiana Ave. and Colonial Road (once the lot is
built on and the brush rernoved. This concept requires a set-back variance in
two locations.
The first is 5.0 feet towards Colonial Road. This was chosen as it has little,
if any, impact to the surrounding property and as previously mentioned, does not
hinder the sight lines at the corner.
The second is 3.0 feet towards Lot 7 to the �orth. This includes only the width
of the garage and allows the side of the proposed house to be 27.5 feet from the
property line, providing a rear/side yard active areas as well as a sense of open-
ness for the neighbor to the North.
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August 9, 1988
Considering all of the site constraints, the concept designed is the most
responsive and sensitive to the design program and the site conditions. Our
intent is to build a residence in the neighborhood with as little site
disturbance as possible.
Chairman Flannagan noted the neighbors concern for drainage. Mr. Coombs said
they would prepare a grading plan and work with the City Building Department to
insure proper drainage. He noted the drainage would be directed south to the
existing ponding area.
Mike Sell moved to approve the waiver as requested, second by Kevin McAleese
for discussion.
Kevin McAleese expressed his concern for the waiver on the north lot line
necessitated by the three-car garage. Mr. Coombs noted the garage is 32 feet in
width and the primary purpose is for two cars. The rest is more for storage.
As a corner lot and with soil conditions and drainage, there will be no other
area suitable for a storage or accessory structure. Mr. Coombs went through a
detailed description of the design of the garage in harmony with the house with
emphasis on an overall appearance.
Following the presentation, Chairman Flannagan, called for a vote on the motion
for approval of the waivers as requested and it was unanimous for approval .
88-8-43 (Map 21) Commercial
8000 Golden Valley Road
Jerry's Foods (former Super Valu)
The Pe tition is for waiver of Section:
11.30 Subd. 7(A� front setback, for 16 feet off the required 35 feet
to a distance of 19 feet from the lot line on
Golden Valley Road to the structure as it exists
a t the closest corner to remove its non-conforming
status.
The petition was in order and consent obtained from adjacent properties. Mr.
Paul Ringdahl, architect, for Super Valu was present.
Secretary, Lloyd Becker, explained that when Golden Valley Road was realigned, a
portion of Super Valu's land was taken for the right-of-way. In doing so, a
corner of the building at its closest point does not meet the required 35 foot
setback.
Jerry's Foods has purchased the property from Super Valu and did not want the
building to exist as a non-conforming structure. Staff had previously informed
Jerry's Foods that this could be corrected if approved by the Board of Zoning
Appeals.
Board of Zoning Appeals
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August 9, 1988
Mr. Ringdahl did an overview of the present site. He noted a proposed fully-
conforming addition on the north side of the building as part of an overall
remodeling to suit the Jerry's Foods marketing.
Mahlon Swedberg moved to approve the waiver as requested, noting it resulted
from acquisition for street right-of-way and that it is only for a corner of the
building at the closest point. Second by Mike Sell , who described the waiver as
more of an administrative matter, and upon vote motion carried unanimously.
Mr. Bob Shadduck, of Jerry's Foods, was present and provided the Board with
information on the remodeling, methods of Jerry's marketing and comparisons with
other food merchandising.
88-8-40 (Map 15) Residential
7637 Knoll Stree t
Susan Sajadi (deferred from July 12, 1988 Meeting)
The Pe tition is for waiver of Section:
3A.02(4) of the Residential Zoning Code, to provide for an
identifica tion sign that exceeds one square foot
in area to advertise a hairdressing studio.
Ms. Sajadi was not present and no one was there representing her. Secretary,
Lloyd Becker, noted she had been mailed the minutes from the previous meeting
where this item had been deferred because no one was in attendance and notice of
this meeting had been mailed with no response received.
Kevin McAleese moved to deny the waiver as requested. Second by Mahlon Swedberg
and upon vote carried.
There being no further business to come before the 8oard, it was upon motion,
second, and vote to adjourn at 9:40 P.M.
Art lannagan, Ch rman oyd G. Becker, Secretary