11-09-88 BZA Minutes 109 ►
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
NOVEMBER 9, 1988
The regular mee ting of the Golden Valley Board of Zoning Appeals was held
Tuesday, November 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
Mahlon Swedberg
Kevin McAleese
Larry Smith
Nerb Polachek (alternate)
Absent by prior arrangement, Mike Sell .
The first order of business was approval of the minutes of a regular meeting
held October 11, 1988 copies of which had previously been distributed to the
Board. Mahlon Swedberg moved to approve the minutes as written and presented.
Second by Larry Smith and upon vote carried.
Chairman Flannagan noted to the Board that the first two items on the agenda
were properties adjacent to each other and involved the moving of an existing
garage from one property to the other with a new garage being built where the
existing structure was removed. Chairman Flannagan asked both property owners
if they were agreeable to having both items addressed a t the same time and they
responded yes. The Board also concurred.
88-11-53 (Map 1) Residential
1541 Xerxes Avenue North
Paul Kothrade
The Petition is for waiver of Section:
11.21 Subd. 12(A) accessory buildings, to provide for an existing
single-car detached garage on the north side of
the building to be torn down and a new two-car
garage to be built in its present location and
f or waiver of the same section to provide for an
existing single-car garage on the south side of
the building. (Detached accessory buildings are
to be located wholly to the rear of the
principal structure with at least 10 feet
separation. )
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November 9, 1988
88-11-54 (Map 1) Residential
1511 Xerxes Avenue North
James K. Ash
The Pe tition is for waiver of Section:
11.21 Subd. 12 (A) accessory buildings to provide for a 16 x 22
foot detached garage to be located on the south
side of the present building.
The petitions were in order. Both proponents had obtained consent from all
adjacent properties. Mr. Paul Kothrade and Mr. James Ash were present. No
others were in a ttendance on these two proposals.
Mr. Kothrade explained that he presently has a single-car garage located on each
side of his two-family dwelling. The garages were loca ted there because of the
extreme topography a t the rear and the poor soil conditions. He proposes to
remove the existing single-car garage on the north side and replace it with a
two-car garage. Mr. Ash has a two-family home similar to his, however Mr. Ash
has no garages. When Mr. Ash became aware of Mr. Kothrade's plan to remove the
garage he decided to appeal to the Board for a variance so he could purchase Mr.
Kothrade's single-car garage and move it to his site. Mr. Ash described his
property which has the same extreme topography at the rear and poor soil con-
ditions with much of it with questonable fill at the rear.
The Board discussed with both proponents any possible alternatives and noting
the topography, poor soil conditions and the existing location of the dwellings
on the side, Mahlon Swedberg moved to approve the waivers as requested for both
sites. Second by Herb Polachek and upon vote carried unanimously.
88-11-55 (Map 8) Residential
416 North Westwood Drive
Robert H. Ewald
The Pe tition is for waiver of Section:
11.21 Subd. 7(A) front setback, for 20.6 feet off the required
35 feet front setback to a distance of 14.4
feet to the proposed garage addition a t its
closest point and for the house as it presently
exists from the front lot line.
The petition was in order and consent obtained from all adjacent properties.
Mr. Ewald was present, no others were present for this proposal . Mr. Ewald
described his existiny house noting the extreme topoyraphy at the rear and th�
unusual configuration of the intersection in front of his home.
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November 9, 1988
This property is at the junction of Westwood Drive, Burntside Drive and Beverly
Avenue. When he purchased the home, he had no idea his property was non-
conforming for front setback because there is 22 to 25 feet of road right-of-way
that is green in front of his home plus the existing 15 feet from the front lot
line to the house at its closest point.
Secretary, Lloyd Becker, said he had examined the files for this property and
could find no previous variance when the home was built in the 1950's, however,
it appeared that possibly additional right-of-way at this intersection may have
been acquired as the streets were developed. Mr. Ewald noted that his proposed
addition does not come forward more than a foot, as the bulk of the addition is
to the side of the home. Mahlon Swedberg noted that while the petition appears
that a substantial waiver of front setback is required for the addition, that is
not really the case because the petition primarily addresses the house as it
exists and the proposed addition is a small intrusion of approximately one (1 )
foot.
Larry Smith moved to approve the waiver as requested noting the extreme slope of
the property at the rear, the unusual intersection in front of this home and the
placement of the existing home on a very difficult lot with a long curve in the
front and angled side lot lines. Second by Kevin McAleese and upon vote carried
unanimously.
88-11-56 (Map 14) Industrial
7140 Madison Avenue West
Donald Frentz
The petition is for compliance with Section:
11.90 Subd. 46(4) to allow for a conforming addition to a
structure where previous waiver petitions
apply.
This petition was in order and consent obtained from all adjacent properties.
Mr. Donald Frentz was present, no others were in attendance.
Secretary, Lloyd Becker, provided the Board with a history of this property.
The present building was constructed in 1972. At that time, a waiver of the
side setback for 10 feet of landscape along the west lot line was granted by the
Board of Zoning Appeals except for the first 35 feet from the front lot line.
The Board, at that time, noted the topography and difficult drainage on the
site. The 35 feet along the west lot line was never established and parking
exists in that area today.
In 1980, the property was again before the Board of Zoning Appeals for certain
waivers of setback and parking to provide for an addition. This was never built
and the waivers expired. The present proposal is to add a small conforming
addition at the rear.
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This property was brought by staff to the Board of Zoning Appeals because at
present it is in a non-conforming status along the west lot line and having pre-
viously been before the Board of Zoning Appeals, the present ordinance requires
that any subsequent additions, alterations proposed that were not part of the
conditions existing at the time of previous approval must be addressed by the
Board of Zoning Appeals.
Mr. Frentz concurred with his understanding of the ordinance as previously
described to him. Mahlon Swedberg questioned whether this lack of compliance on
the original waiver was more a matter of enforcement rather than an item for the
Board. Secretary, Lloyd Becker, described the attention to detail and zoning
compliance in today's property title reviews and to insure this addition to the
existing property was not subject to subsequent question of compliance, it was
brought before the Board. Mr. Frentz sta ted that as a condition of approval , he
would establish the required landscape for the first 35 feet along the west lot
line.
Secretary Becker noted that the provisions of this ordinance as applicable to
this property had been reviewed with the City Attorney. At the close of
discussion, Mahlon Swedberg moved to approve the waiver as requested on the
agenda, noting it appeared to be more of an administrative ma tter and approval
should remove any question of previous compliance or non-conforming status on
the property. Second by Larry Smith and upon vote carried.
88-11-57 (Map 11) Commercial
1900 Douglas Drive
Greg Malik �
The Pe tition is for waiver of Section:
11.30 Subd. 7 (A) front setback for 18 feet off the required
35 foot setback of landscape required along
Douglas Drive and St. Croix Avenue to an average
distance of 17 feet of landscape exclusive of
driveways, as it now exists, and for waiver of
Section
11 .30 Subd. 7(B)
(2) and (3) side setback, for 15 feet off the required 15
feet of landscape along the east side of the
property to 0 feet landscape as it now exists;
and for 10 feet off the required 10 feet of
landscape along the north lot line to 0 feet of
landscape as it now exists, and for waiver of
Section
11 .30 Subd. (5) outside storage, to provide for storage of boats
during repair rather than inside a structure,
as required, and for Section
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November 9, 1988
11 .30 Subd. 6(J) for 5 parking spaces off the required 14 spaces
to a total of 9 spaces in order to provide out-
side storage space for up to four boats.
The petition was in order. Consent had not been given by adjacent properties.
Present for the meeting was Mr. Greg Malik. Aiso present were Dr. Mildred
Hanson, owner of the adjacent apartment building, Mr. George Peterson, a tenant
in the apartment building and Ms. Prior, the manager of the apartment building.
Secretary, Lloyd Becker, noted several letters that had been received from nearby
properties objecting to the proposed waivers requested and then he reviewed for
the Board the previous actions and minutes of the Planning Commission on this
matter. Minutes of the meetings were provided to the Board in the agenda
packets.
Mr. Malik addressed the Board. He described his confusion with the procedures
he was involved with and questioned the status of the service station he operates
when it was built. Mr. Malik explained his business operations and noted
that marine repair comprises about one-third of his business.
The Board and Mr. Malik engaged in a lengthy discussion and exchange on
marine repair at his site, the difference between use on the property and the
literal provisions of the Zoning Code that are applicable to the property.
After Mr. Malik had been heard, the others present for this proposal were pro-
vided the opportunity to speak.
Dr. Mildrew Hanson said she vehemently objected to marine repair and outside
boat storage adjacent to her property. She described the noise associated with
testing motors and the unsightly appearance of the boats on the site and espe- -.
cially right on the property lines. Mr. George Pe terson, a resident of Dr.
Hanson's apartment, voiced his objections to the outside storage of large boats
and described the view from his apartment which faces the service station.
Larry Smith questioned whether there is more noise in boat repair than automo-
bile repair. Mr. Pe terson felt there was, especially as it related to boat
repair done outside. Ms. Prior, the manager of the apartment, noted her objec-
tions to the appearance of outside boa t storage and the noise.
Mr. Malik responded by stating only 5 to 10 percent of work is done outside.
The Board discussed at length the separation of issues noting that the Board of
Zoning Appeals cannot permit or grant waivers for non-conforming uses in a par-
ticular zoning catagory but can only address the literal provisions of the
applicable codes for such things as setback, landscape areas, height, parking,
etc.
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Mahlon Swedberg described marine repair as bumping heads with present require-
ments for a service station and in this case the proposed activity on a site
that presently is non-conforming only aggravates that condition. Mahlon
Swedberg said he could see no reason to grant the variances requested so that a
particular use could be provided for. Swedberg said further that use is a
matter to be addressed by the Planning Commission and City Council .
During the course of further discussion, Larry Smith moved to approve the
waivers as requested, second by Kevin McAleese. During discussion on the
motion Kevin McAleese noted, the Board was limited in any decision to only a
defined hardship applicable to the Zoning Code for this property and to the
physical characteristics of this site. State Statutes are specific regarding
definition of a hardship and are not applicable to economic issues such as pre-
viously described by Mr. Malik. McAleese said he felt the applicant created his
own difficulties by engaging in an activity which at the time was illegal .
Granting of the waivers would not meet the intent and spirit of the Zoning Code
by legalizing and perpetuating the existing non-conforming conditions.
Chairman Flannagan closed the discussion on the motion and called the vote.
Upon vote it was a unanimous no to the motion for approval and the waivers
requested are denied.
T here being no further business to come before the Board, Kevin McAleese moved
to adjourn at 9:00 P.M. , second by Herb Polachek.
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Art Flan agan, Chairma oyd G ec er, Secretary