01-10-89 BZA Minutes � 10 �
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
JANUARY 10, 1989
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, January 10, 1989, 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:
Mahlon Swedberg, Chairman Pro Tem
Kevin McAleese
� Mi ke Sel l
Larry Smith
Herb Polachek, alternate.
Absent by prior arrangement Art Flannagan.
The first order of business was approval of the minutes of a regular meeting
held December 13, 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.
89-1-1 (Map 9) Residential
4541 Westwood Lane
Howard and Nancy Hoy
The Pe tition is for waiver of Section:
11.21 Subd. 7(A) front setback, for 6 feet off the required 35
foot setback from the lot line a t Westwood Lane
to a distance of 29 feet to the house as it now
exists, and for waiver of Section
11.21 Subd. 7(C)2 side setback for 11 .5 feet off the required
13.7 feet from the west lot line to a distance
of 2.5 feet to the proposed addition a t its
closest point.
The petition was in order and consent obtained from adjacent properties.
Mr. and Mrs. Hoy were present. No others were in attendance on this petition.
Mrs. Hoy described the proposed addition, which would provide for an eating area
in the present kitchen and a bathroom and bedroom area on the lower level . Mrs.
Hoy said the present kitchen is only 9 feet wide.
Mahlon Swedberg questioned the alternatives possible. Mrs. Hoy noted the topo-
graphy which has a large drop off a t the rear, and the existing structural
characteristics of the house which prohibits expanding in any other area.
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Board of Zoning Appeals
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January 10, 1989
Mrs. Hoy provided the Board with additional pictures of their home and the sur-
rounding properties. This is an area a t the end of a cul de sac. It appears
when the road was developed some property was taken from the front for a turn-
around area and this resulted in the existing front setback of 29 feet to the
closest corner of the house.
The neighbor adjacent to the side where the addition is proposed is approxi-
mately 100 feet away. As a result of the discussion, Mrs. Hoy agreed that the
addition could be reduced somewhat and still meet their needs. The proposed
width was 12 feet and Mrs. Hoy felt it could be reduced to 10 feet. Mike Sell
noted that the existing home is placed a t an angle to the west lot line and the
waiver is for the addition a t the closest point. From that point south, the
side setback widens. At the close of discussion Mike Sell moved to approve the
waiver for the existing front setback at 29 feet a t the closest point to the lot
line and a waiver of 8.7 feet off the required 13.7 feet from the west lot line
to a distance of 5 feet from the west lot line at the closest point which pro-
vides for an addition 10 feet in width. Sell also noted the extreme topography of
the area, the placement of the existing homes to fit this topography and the
loca tion of this home relative to the cul de sac. The motion was seconded by
Larry Smith and upon vote carried unanimously.
89-1-2 (Map 18) Industrial
750 Florida Avenue South
Product Design and Engineering, Inc.
The Pe tition is for waiver of Section:
11.36 Subd. 6(A) front setback, for 7 feet off the required
35 feet from the north lot line abutting
Laurel Avenue to a distance of 28 feet from
the north lot line to the proposed storage
silos.
The petition was in order. Consent had been obtained from three of the four
adjacent property owners.
Mr. Jerry Porter was present along with Mr. Dave Hendrickson, also of Product
Design and Engineering, Inc. No adjacent property owners were in attendance.
Secretary Lloyd Becker provided a staff report. A similar proposal had been
before the Board of Zoning Appeals on December 11, 1979. That proposal had been
approved conditioned on a silo height of 30 feet. Due to "budget constraints"
and other considerations the silos were not constructed and the approval expired
after one year. This proposal has the silos located in the same place with a
height of 45 feet which is the limit in the Zoning Code.
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Board of Zoning Appeals
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January 10, 1989
Mr. Porter explained his lot, which has an offset along the north lot line in the
area where the silos are proposed. All other properties are in alignment at 35
feet along the south side of Laurel Avenue. The offset is 20 feet toward the
south and 290 feet long to Florida Avenue. Mr. Porter said he had tried to
purchase this area for many years but has been unsuccessful . The required 35
feet plus the additional 20 feet place the area for the proposed silos at 55
feet from the average north lot line based on adjacent property alignment and to
the face of the proposed silos a distance of 28 feet from the offset north lot
line.
Mr. Porter said he had discussed other alternatives on his site with the adja-
cent property owners, however, all were in favor of the proposed location over
any other. The proposed height at 45 feet is necessary because the shipments by
rail car are now in a larger volume. The silos will contain pelletized plastic
for their moulding operation.
Mahlon Swedberg noted the change in the area since the previous approval in
1979. The Speak the Word Church has been built, Cortlawn Pond has been improved
and the Laurel Avenue Trail and greenbelt extended to the east. Mr. Porter
noted that his building was the first in the area. He built before there was
City sewer and water and a developed roadway. He said he has a concern for
adjacent properties and that is why he has proposed this location for the silos.
Kevin McAleese noted that there really is 48 feet from Laurel Avenue but by not
owning the 20 feet as other properties do, Mr. Porter must measure his 35 feet
from the offset and also being a corner lot with two 35 foot setbacks required,
it does have the appearance of hardship in this instance. McAleese suggested
not granting the variance but granting permission to issue a permit for the
construction of the silos and let the Building Board of Review address the
aesthetics. This might provide better control and removal of the silos if
necessary.
The Board continued a lengthy discussion that included another review of
alternatives, af ter which Larry Smith moved to approve the waiver as requested,
second by Mike Sell , who noted there are alternatives but none that had as much
merit as the proposed location. During discussion on the motion, McAleese
suggested approval conditioned on removal of the silos if their use was ever
discontinued or the property sold. Larry Smith agreed and amended his motion
to include subsequent removal with the conditions noted, SeTI his second. Larry
Smith called the question on the motion and upon vote, it was 4 ayes for aproval
and one nay (Swedberg).
89-1-3 (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 9.1 feet off the required
20 feet from the south lot line to a distance of
10.9 feet to the proposed structure and for 3.3
feet off the required 20 feet from the north lot
line to a distance of 16.7 feet to the proposed
s tructure.
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January 10, 1989
NOTE: Waivers for side setback were granted a t a regular meeting held December
13, 1988. Construction problems necessitate adjustment to those waivers
in order to proceed.
This item had been before the Board of Zoning Appeals December 13, 1988, and was
approved with different side setbacks. Secretary, Lloyd Becker, noted that new
notices were sent to all adjacent property owners and included a detailed explana-
tion of the construction problems that necessitate alternate side setbacks and
thus a return to the Board of Zoning Appeals. Mr. Jay Tyson, architect for U.S.
West, was present and was accompanied by the structural representative for U. S.
West. The waivers now requested are for side setback only and are basically
just opposite distances from those approved in December.
The location of the cable ducts in the existing building dictate the alignment
into the new building and therefore the need for a djusted alignment of the new
structure. Mr. Tyson said that all adjacent properties had been contacted and
the location and reason for the adjustment thoroughly explained. None had any
objection and none were present for this meeting.
During discussion of the new site plan, it was noted there was a projection on
the northeast corner of the building. Mr. Tyson said that was a vestibule to
provide entry for maintenance personnel. The Board felt the variance should be
to the closest point from the lot line which is the vestibule. At the close of
discussion, Mike Sell moved to approve a waiver for 9. 1 feet off the required
20 feet from the south lot line to a distance of 10.9 feet to the structure and
for 8.3 feet off the required 20 feet from the north lot line to a distance of
11.7 feet to the vestibule entry, which is the closest point of the structure
(the majority of the structure is 16.7 feet from the north lot line). 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 9:15 P.M.
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Mahlon Swedberg, Chai n Pro Tem Lloyd G. Becker, Secretary