10-11-88 BZA Minutes MINUTES OF A REGULAR MEETING OF THE ( O U �J
GOLDEN VALLEY BOARD OF ZONING APPEALS
October 11, 1988
The regular mee ting of the Golden Valley Board of Zoning Appeais was held
Tuesday, at 7:30 P.M. in the Public Safety Department, 7800 Golden Valley Road,
Golden Valley, Minnesota.
The following Board members were present:
Chairman, Art Flannagan
Larry Smith
Kevin McAleese
Mahlon Swedberg
Mike Sell
The first order of business was approval of the minutes of a regular meeting
held September 15, 1988, copies of which had previously been distributed to the
8oard. Larry Smith moved to approve the minutes as written and presented.
Second by Mike Sell and upon vote carried unanimously.
88-10-48 (Map 4) Residential
2670 Perry Avenue North
A. Walter Frick
The Petition is for waiver of Section:
11.21 Subd. 7(C)1 side setback, for 2.5 feet off the required
15 feet setback from the south lot line to a
distance of 12.5 feet from the side lot line to
the proposed garage addition, a t its closest
point.
Mr. and Mrs. Frick were present. The petition was in order, no others were in
attendance for this waiver request.
Mr. Frick described the proposed garage addition. The present outside wall
would remain as a support wall and the addition proposed would be a separate
stall . The exterior would match the existing house.
Mr. Frick noted that at the front the garage has more than the required 15 foot
side setback, but because of the angle of the side lot line and the angle of the
house as it exists, the back of the garage protrudes slightly into the required
setback. If approved, there would still be 28 feet between the adjacent home.
Mike Sell noted this is a corner lot with two required 35 foot setbacks. Sell
also described his observa tion of the site and there appeared to be no other
reasonable alternatives for additional attached garage space.
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Board of Zoning Appeals
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October 11, 1988
Following further general discussion on the structural characteristics of the
proposed addition, Mike Sell moved to approve the waivers as requested, noting
the required 35 foot setbacks on two sides, the topography and the angle of the
side lot line. Second by Larry Smith and upon vote carried unanimously.
Kevin McAleese noted that other than Avis Rent-A-Car, the remaining petitions to
be heard were residential and with the possibility the Avis proposal may take a
substantial amount of time, suggested the order of the agenda be adjusted to
provide for Avis as the last item on the agenda.
McAleese asked if any of the Avis representatives had a travel schedule they had
to meet that evening and they responded no and were agreeable to the change in
the order of the agenda. Chairman Flannagan polled the Board and it was their
consensus to change the agenda.
88-10-50 (Map 15) Residential
1500 Quebec Avenue North
Charles Thurston
The Pe tition is for waiver of Section:
11.21 Subd. 7(A) front setback for 7.5 feet off the required
35 feet from Winsdale Street (this is a
corner lot) to a distance of 27.5 feet to the
proposed room addition at its closest point.
Mr. and Mrs. Thurston were present. The petition contained signatures of appro-
val from all adjacent properties. No others were in attendance.
Mr. Thurston explained the proposed addition. This is a corner lot with two 35
foot setbacks. The front of the house faces Quebec Avenue. The side of the
proposed addition faces Winsdale. The adjacent house to the east faces Winsdale
and when built it received a waiver to provide for a setback of 25 feet from
Winsdale. Other homes along Winsdale are also at 25 feet.
Mahlon Swedberg questioned the purpose and need for the addition. Mr. Thurston
replied that the present home has no dining area. The kitchen seats two people.
The proposed addition would provide for a dining room and the second floor of
the proposed addition would provide another bedroom. Chairman Flannagan
questioned whether other alternatives for an addition had been considered as the
lot appeared large enough to do so. Mr. Thurston said they had looked into that
but as the house was constructed, the bedrooms and bath are on the opposite
sides and to add on in any other place would require total reconstruction of the
house.
The Board reviewed in detail the plans presented by Mr. Thurston and a consensus
developed that alternatives were not reasonably feasible. Mahlon Swedberg said
that after reviewing the plans he could see the need for the additional dining
area and noting the topography and present placement of the house on the lot, he
moved to approve the waiver as requested. Second by Mike Sell and upon vote carrie
Board of Zoning Appeals � 0 � �
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October 11, 1988
88-10-51 (Map 3) Residential
3241 Regent Avenue North
Ronald J. Schuman
The Pe tition is for waiver of Section:
11.21 Subd. 12(A) to allow for a detached garage to be con-
structed i n front of the exi sti ng house and
for Section
11.21 Subd. 7(B) rear setback, for 23.4 feet off the required
36.4 feet from the rear 1ot line to a distance
of 13 feet to the house as it now exists and
for waiver of Section
11.21 C(2) side setback, for 13.3 feet from the north lot
line to a distance of 11 feet from the lot iine
to the house as it now exists. (Note: Existing
house located at 130 feet from front lot line. )
The petition was in order. Consent had been obtained from adjacent properties.
Mr. Schuman was present. No others were in attendance. Mr. Schuman described
his lnt as 89 feet wide and 182 feet deep. The house is placed at the far rear
of the lot and 13 feet from the rear lot line. There is an existing old single-
car garage in front of the house located about 50 feet from the front lot line.
The proposal is to tear down the old garage and construct a new 24 foot by 24
foot garage. In discussion, Mr. Schuman noted the house is close to 100 years
old. It has three rooms. He recently refurbished the interior and would like
an adequate garage. Mahlon Swedberg suggested that in building a new garage Mr.
Schuman has the opportunity to make it look like it belongs in the neighborhood
if proper consideration is given to the exterior. Mr. Schuman agreed.
Mike Sell moved to approve the waiver as requested. Second by Kevin McAleese.
During discussion on the motion, Kevin McAleese noted the proposed detached
garage was shown as 11 feet from the south side lot line. A detached garage can
be five feet from a side or rear lot line. Nowever, during earlier discussion,
Mr. Thurston noted that sometime in the future he would like to tear down the
old house and build a new one to the front of the lot and incorporate the new
garage as attached to the new house. If that should ever occur, the garage at
11 feet from the lot line would not be conforming. Mr. Schuman said he would
have no problems moving the garage to the required 13 feet from the south lot
line. Mike Sell amended his motion for approval to include that the proposed
garage be built at 13 feet from the south lot line. McAleese amended his second
and upon vote motion carried unanimously.
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Board of Zoning Appeals
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October 11, 1988
Secretary, Lloyd Becker, noted that the property owner adjacent to the proposal
for 1015 North Tyrol Trail was coming to the meeting and wanted to be heard;
however, he could not be at the meeting until 8:15 P.M. and with the adjusted
agenda, he would be too late.
Chairman Flannagan polled the Board and it was agreed to hear the Avis proposal .
The 1015 North Tyrol Trail item had been the last item on the agenda originally
and the owner had no problem.
88-10-49 (Map 22) Commercial
9010 Olson Memorial Highway
Avis Rent-A-Car
The Pe tition is for waiver of Section:
11.30 Subd.7(A) front setback, to allow for 3 parallel parking
spaces in the fron t of the existing building.
The petition was in order. Present for the meeting was Mr. James R. McCarron,
Regional Director of Properties for Avis and several other representatives from
Avis corporate offices.
Secretary Lloyd Becker reviewed with the Board their previous actions in August
of 1988 wherein certain waivers were granted except for the required 35 feet
landscape in front. At the August Meeting the Board suggested Avis review their
proposal and come back before the Board or they could appeal the Board's denial
of any waivers along the required 35 feet on Golden Valley Road. Avis went back
to New York, subsequently came back and met with City staff. The proposed site
plan is the result of their efforts.
Mr. McCarron explained they would eliminate the previous waiver of 5 feet of
landscape versus the 10 feet required along the east lot line. This would now
be landscaped the full 10 foot width. Along Golden Valley Road,they eliminated
one of the driveways and have landscaped the full 35 feet except for the imme-
diate area in front of the building where they propose three parallel parking
spaces for a possible future tenant. Mr. McCarron said they have a 15 year com-
mitment to Golden Valley should they be allowed to proceed.
Mahlon Swedberg questioned the extra tennant space. Mr. McCarron said this was
noted on all their previous site plans. The purpose of this space is that ini-
tially Avis may not need the entire building for their use. The intent would be
a low activity and traffic tenant such as an insurance agent, lawyer, or travel
agent. This is why they need three parking spaces which are not mixed with
their car operation. Kevin McAleese questioned the validity of their Conditional
Use Permit if this had not been a part of their original proposal for a
Conditional Use Permit recently approved by the City Council . Mr. McCarron said
it had always been a part of their proposal although admittedly it hadn't been a
specific topic of a lot of discussion. A real estate broker representing Avis
noted the substantial improverr�nts in appearance, structural integrity and life-
fire-safety and handicap improvements Avis will make. He noted other proposed
tenants who basically planned minimal repairs or improvements to only meet their
needs.
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Board of Zoning Appeais
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October 11, 1988
The Board discussed the Avis operation and overall use at length after which Art
Flannagan stated his position hadn't changed from his last approval last August
and the major improvements being made by Avis are sorely needed on this site.
Larry Smith moved to approve the waiver as requested, second by Mike Sell . During
discussion on the motion, Mahlon Swedberg said overall there was a good compro-
mise in which both sides gained substantially. Kevin McAleese concurred. The
vote was called and the motion for approval carried unanimously. Two copies of
the approved site plan were signed by Chairman Art Flannagan and John McCarron
of Avis. One copy is a part of the permanent Board of Zoning Appeals file, the
other becomes a part of the Conditional Use Permit.
88-10-52 (Map 9) Residential
1015 North Tyrol Trail
Penn M. Johnson
The Petition is for waiver of Section:
11.21 Subd. 7(C) side setback, for 6 feet off the required 15
feet from the west lot line to a distance of
9 feet to the proposed deck enclosure and for
Section
11.21 Subd. 7(A) front setback, for 3 feet off the required
35 feet from the front lot line to a distance
of 32 feet to the proposed deck enclosure.
(Note: This proposed deck enclosure is above
an attached flat roof garage previously provided
for by waivers May 13, 1986. )
The petition was in order. Consent had been obtained from adjacent properties
except for the neighbor directly adjacent on the west side.
The proponent, Ms. Penn Johnson, was present with her contractor. Ms. Johnson
decribed the existing flat-roof attached garage which was approved by waiver in
1985. It presently has a deck and railing around it. The proposal is to add a
three-season porch on a portion of the top of the garage.
Mr. Gerald McCabe, the adjacent neighbor opposed to this proposal , arrived.
Mr. McCabe expressed his pleasure in the City having zoning code variance pro-
cedures and the opportunity for citizens to be heard. He noted he received a
similar waiver for his attached garage several years ago, however, he does not
have a room or porch above his. He suggested setting the proposed three-season
porch back by 4 feet along the side facing his garage, as he was concerned with
the height and appearance facing him. There is a substantial difference in
topography between the two houses. The Board examined the proposed plans and a
long discussion and exchange of views and construction possibilities occurred
between the. Board, Ms. Johnson and Mr. McCabe. Larry Smith questioned the
hardship of a three-season porch, although looking at photos of the property,
he said the extreme topography probably leaves little alternatives on the lot.
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Board of Zoning Appeals
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October 11, 1988
Mahlon Swedberg moved to approve the waiver as requested, noting the extreme
topography of the area gives way to alternate views and encroachments. Swedberg
also noted the proposed three-season porch is setback substantially from the
front and in his opinion minimizes the visual impact. Second by Mike Sell .
In discussion, McAleese noted he has trouble finding a true hardship, but if
compromise could be reached by setting the structure back further from the west
side to accomodate the adjacent neighbor, there may be agreement.
Mike Sell noted the construction characteristics of the present garage. He is
concerned for structural support if the proposed porch enclosure does not go all
the way out to the west wall .
Sell suggested possibly more landscape and trees along the west side. The pro-
ponent said they planned for more landscape and trees.
Larry Smith called the question on the motion and upon vote it was four ayes for
approval and one nay (McAleese), the motion carried.
There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn a t 8:50 P.M.
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Ar la na an, Cha' man loyd G. B cker, Secretary