12-13-88 BZA Minutes MINUTES OF A REGULAR MEETING OF THE �� o � �
GOLDEN VALLEY BOARD OF ZONING APPEALS
DECEMBER 13, 1988
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, December 13, 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
Mike Sell
Larry Smith
Mahlon Swedberg
Kevin McAleese
The first order of business was approval of the minutes of a regular meeting
held November 9, 1988, copies of which had previously been distributed to the
Board. Larry Smith moved to approve the minutes as written and presented.
Second by Mike Sell and upon vote carried unanimously.
88-12-58� (Map 18) Industrial
1040 Pennsylvania Avenue South
U.S. West Communication
The Pe tition is for waiver of Section:
11.36 Subd. 6(C)3 side setback, for 3.3 feet off the required 20
feet from the south lot line to a distance of
16.7 feet from the south lot line to the pro-
posed new equipment structure; and for 9. 1
feet off the required 20 feet from the north
lot line to a distance of 10.9 feet to the
proposed equipment structure, and Section
11.36 Subd. 6(A) front setback, for 22 feet off the required
35 feet from Pennsylvania Avenue to a distance
of 13 feet from the front lot line to the
asphalt turn-around and service vehicle
parking area.
The petition was in order and consent obtained from all adjacent properties.
Ms. Alma P. Fitzloff, Assistant Manager for Real Estate, was present repre-
senting U.S. West. No adjacent property owners were present.
Ms. Fitzloff described the present small building which is used to house tele-
phone switching equipment and cable connections. This building serves major
commercial and industrial customers in the general area. The proposal is to
construct a somewhat larger building and update all the equipment including pro-
visions for fibre optic. At the completion of construction, the equipment would
be relocated into the new building and the old building torn down.
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Board of Zoning Appeals
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December 13, 1988
Ms. Fitzloff said she personally contacted all the adjacent property owners.
None had any objections to the proposed structure, however, several had concerns
for the landscape and green area proposed for the entire telephone lot.
This lot sits in the middle of an industrial area where all the parking and drive-
ways are blacktopped to the lot lines. At the present time, the telephone
property is also parked on by other adjacent properties. The telephone company
does not object to this. The Board examined the site plan presented. During
discussion, Mahlon Swedberg noted that if the old building is torn down, the
parking and drive area for telephone service trucks could be moved closer to
the new building and eliminate any need for waiver of the 35 foot green area
along Pennsylvania. Ms. Fitzloff replied that it was possible but couldn't be
done until the new building was complete. The general consensus was it was
reasonable to establish that 35 feet of green area after the old structure was
removed and Ms. Fitzloff agreed.
Mike Sell noted that to the north other properties had established green areas
along Pennsylvania and this would be in harmony with those and consistent with
the city's efforts to upgrade structures and landscape to current standards.
The Board discussed, at length, the merits of establishing landscape for the
rest of this long narrow lot adjacent to the other properties. Considering the
need for snow removal , adjacent traffic movement and future telephone parking
requirements at the rear of the building, the Board felt it reasonable not to
require the entire lot area to be landscaped as a condition of any waiver approval .
At the close of discussion, Mike Sell moved to approve the waiver for side
setback, as requested, and to deny the waiver of the 35 foot landscape area along
Pennsylvania and to require a landscape area adjacent to the west side of the
new building 15 feet in depth and protected by curb and gutter similar to the
rest of the blacktop parking area. Mahlon Swedberg seconded the motion.
During discussion, Kevin McAleese, as a point of order, suggested the approvals
be conditioned on removal of the existing building. Sell and Swedberg agreed
that be included as part of the motion. Chairman Flannagan called the vote and
it was unanimous for approval with the conditions noted.
88-12-59 (Map 12) Light Industrial
John F. Schumacher
1114 Zane Avenue
The Pe tition is for waiver of Section:
11.35 Subd. 7(C)3 rear setback, for 0.4 feet off the required
20 feet from the north lot line to a pro-
posed distance of 19.6 feet from the north
lot line to the proposed addition which
conforms in all other respects.
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December 13, 1988
The petition was in order and consent obtained from adjacent properties. Mr.
Jeff Holle was present representing Mr. Schumacker. Also present was Mr. and
Mrs. Dean Knutson, residential property owners at 1109 Welcome Avenue.
Secretary, Lloyd Becker, reviewed the past history of this property. When the
existing building was built, it was placed by error at 19.6 feet from the north
lot line. This was subsequently addressed by a waiver in 1973. In August of
1982, Mr. Schumacher appeared before the Board with a request similar to the
present proposal , but it required a waiver of 10 feet off the required 20 feet
along the north lot line. The waiver was granted but no construction has taken
place and the waiver expired one year after approval .
The present proposal is to build an addition to the east side of the building
in line with the present setback of the existing building from the north lot
line. The proposed addition conforms in all other respects. Mr. Holle noted
that to set the proposed addition in four inches from alignment of the existing
building creates both a visible and construction hardship.
Mr. Knutson noted the existing fence along the east lot line. This fence has a
lattice material in the wire mesh and provides screening of the site. Mr. Holle
said this would be removed from the present location and re-established on the
east lot line. The Board discussed landscape and secretary, Lloyd Becker, noted
this proposal , if approved, would be referred to the City Building Board of
Review and the city landscape and parking lot requirements would be addressed at
that time.
Mr. Holle also noted that some semi-trailers presently parked along the east lot
line for storage will be removed when the addition is completed.
Larry Smith moved to approve the waiver as requested with the requirement that
the fence be reconstructed along the east lot line and landscape and parking
area established to current city standards. Second by Mike Sell and upon vote
carried unanimously.
88-12-60 (Map 10) Residential
4335 Sussex Road
Carol Lorence
The Pe tition is for waiver of Section:
11.21 Subd. 7(A) front setback, for 7.7 feet off the required
35 feet from the front lot line to a distance
of 27.3 feet to the house as it now exists so
a fully conforming deck and porch may be added
a t the rear.
The petition was in order and consent obtained from all adjacent properties.
Mr. and Mrs. Lorence were present. No others were in attendance.
Mr. Lorence explained the proposed deck and porch at the rear of the house. He
noted that a survey of their property done in August of 1988 showed their house
at 27.5 feet from Sussex.
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December 13, 1988
The house, as it exists, has every appearance of being at least 35 feet from
Sussex. The Board noted this site is similar to many others in Tyrol Hills.
Mahlon Swedberg moved to approve the waiver of the existing front setback and
noted the shape of the lot, the distinct characteristics of road alignment and
topography of this area and the many factors that could have affected this and
other properties in the area when built. Second by Mike Sell and upon vote
carried unanimously.
88-12-61 (Map 11) Residential
5929 St. Croix Avenue North
William 0. Lyders
The Petition is for waiver of Section:
11.21 Subd. 7(C)1 side setback, for .09 feet off the required
15 feet to a distance of 14.1 feet from the
east lot line to the rear corner of the house as
it now exists, and for Section
11.65 (A) shoreland setback, for 10 feet off the required
50 feet to a distance of 40 feet from the high-
water eleva tion of Bassett Creek to the house
as it now exists at its closest point, and the
proposed supports for a deck extension and porch
addition at their closest point.
The petition was in order and consent obtained from all adjacent properties.
Mr. Lyders was present with his contractor. No adjacent owners were present.
Secretary, Lloyd Becker, reviewed the Shoreland Ordinance that was established
several years ago. Mr. Lyders had also been referred to the Bassett Creek
Commission and had received written approval subject to several considerations
required in the manner of construction of the deck extension and porch support
columns.
Mr. Lyders explained the location of his house as it now exists in rela tion to
the shoreland setback. He confirmed that if approved the construction would be
consistent with the Bassett Creek Commission requirements and recommendations.
Mike Sell moved to approval the waiver as requested noting the Shoreland
Ordinance placed this property and others in a non-conforming status in certain
areas when the setback was established. Sell noted further in his motion that
the approval is conditioned on compliance with the Bassett Creek Commission
letter. Second by Larry Smith and upon vote carried unanimously.
There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn at 8:40 P.M. .
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Ar�C` - annagan, Cha�r,tna oyd . Becker, Secretary
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