06-13-89 BZA Minutes � � t i
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
J une 13, 1989
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, June 13, 1989 a t 7:30 P.M. in the lower level of the Public Safety
Building, 7800 Golden Valley Road, Golden Valley, Minnesota.
The following Board members were present:
Mahlon Swedberg, Chairman Pro Tem
Kevin McAleese
Mike Sell
Art Flannagan
Donald Singer (alternate)
Absent by prior arrangement, Chairman, Larry Smith.
The first order of business was approval of the minutes of a regular
meeting held May 9, 1989, copies of which had previously been distributed
to the Board. Mike Sell moved to approve the minutes as written and pre-
sented. Second by Art Flannagan and upon vote carried.
89-6-7 (Map 15) Residential
1445 Kelly Drive North
George B. Vos
The Pe tition is for waiver of Section:
11.21 Subd. 7(1) side setback, for 8 feet off the required
15 feet from the north 1 ot 1 i ne to a di stance
of 7 feet f rom the north lot line to the
proposed a ttached garage addition.
The petition was in order. Consent had been obtained from all adjacent proper-
ties. Mr. George Vos was present. No o thers were in a ttendance for this peti-
tion.
Mr. Vos explained he had owned this property for over 20 years. The present
garage is a single-car tuck-under. They have two vehicles and he would like to
be able to park inside. The existing topography prohibits access to the rear
for the possibility of a detached garage. The proposed garage addition would be
a flat roof with a deck railing around the top. It would have a brick front to
ma tch the existing. Mahlon Swedberg asked if the existing exterior wall would
be removed. Mr. Vos replied no because that is the support wall for the
existing house. Mr. Flannagan questioned the adjacent neighbor's driveway,
which appears to come very close to Mr. Vos's property. Mr. Vos noted the drive-
way is a t an angle, the adjacent house is 118 feet from the street. His house
i s setback 65 feet.
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June 13, 1989
After some additional discussion regarding the construction of the proposed
garage addition, Mike Sell moved to approve the waiver as requested, noting the
placement of the existing house, the topography of the lot and the low profile
of the proposed garage addition which is a t a minimum width for a single-car
stall . Second by Kevin McAleese and upon vote carried unanimously.
89-6-8 (Map 9) Residential
5212 Colonial Drive
Arnold S. Leonard M.D.
The Pe tition is for waiver of Section:
11.21 Subd. 7(1 ) side setback, for 5.9 feet off the required
15 feet from the west lot line to a distance
of 9. 1 feet from the west 1 ot 1 i ne to the
proposed room addition and for 9.6 feet off the
required 15 feet from the east lot line to a
distance of 5.4 feet to the house a t its closest
point as it now exists, and for waiver of Section
11.21 Subd. 7(A) front setback, for .8 of a foot off the required
35 feet to a distance of 34.1 feet to the house
as i t now exi sts.
The petition was in order. Consent had been obtained from adjacent properties
except for Mr. James Gustafson, 221 Lawn Terrace. Mr. Gustafson is the neighbor
adjacent to the side of Dr. Leonard's proposed addition. Dr. Leonard was present.
Mr. Gustafson was present as well as several other adjacent property owners.
Secretary Lloyd Becker noted that shortly before the meeting Mr. Gustafson had
presented a hand-written letter to him which had been prepared by Mr. Gustafson
and contained the signatures of four adjacent neighbors. The contents of the
letter stated that as adjacent neighbors, they had no objection to the variance
based on where they live, but if they lived in Mr. Gustafson's house a t 221 Lawn
Terrace they would also protest approval of the variance. Mr. Gustafson had
obtained their signatures the evening before the meeting. Lloyd Becker said he
had also received a letter on June 12, 1989, from an a ttorney representing Mr.
Gustafson, copies of which had been distributed to the Board.
Dr. Leonard explained his proposal which was to construct a theraputic type of
pool and a dining/family room. Dr. Leonard said he is in surgery many house
each day, his wife has a high cholesterol problem and the pool would provide the
exercise necessary for relief of their health problems. Dr. Leonard said they
have 8 grandchildren and the family room and dining room was really needed to
accomodate everyone when they visited. Dr. Leonard noted the "obliqueness" of
his lot lines which he felt was a hardship as they relate to his proposed addi-
tion. He also presented a revised plan which reduced the proposed addition down
to almost no variance a t the rear and down to 11.1 feet from the lot line from
the required 15 feet a t the front.
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Board of Zoning Appeals
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June 13, 1989
To reduce any impact of a plain wall appearance, substantial windows are also
proposed. Mr. Gustafson said he was advised by "professionals" that the pro-
posed addition would jeapardize his property value substantially. He noted the
dirt bank adjacent to this property goes up about 3 feet and the addition would
have the appearance of a big wall right outside his picture window. Mr.
Gustafson read his letter which had the signatures of adjacent neighbors who had
no objection from their home locations but acknowledged they would object if
they lived in Mr. Gustafson's home.
Mr. Tom Bauer, 115 Lawn Terrace, said he felt this situation was blown out of
proportion, they he had no objection to the variance and regretted his signa-
ture on the letter read by Mr. Gustafson. Mr. Richard Sachs, 5200 Colonial Drive,
said he was a neighbor of Dr. Leonard's for 25 years, supports the proposal
and knows all adjacent neighbors support Dr. Leonard, except Mr. Gustafson.
Mr. Sachs said Dr. Leonard's outside pool is closest to his property and he has
never had a problem.
The Board, Dr. Leonard and adjacent property owners present continued a lengthy
discussion about the pool and family room. Mr. Gustafson still felt his pro-
perty would be negatively affected and objected to any variance. Dr. Leonard
noted the pool is a manufactured item and it is the smallest that can be
purchased. Mahlon Swedberg asked why the proposed pool couldn't be placed in
back. Dr. Leonard said he has a garden in that area and it would ruin it.
Art Flannagan asked Dr. Leonard what really is the hardship and Dr. Leonard
replied his oblique lot lines, in his opinion. Kevin McAleese said he was
unpersuaded by Mr. Gustafson's argument. Based on the plans presented and
description by Dr. Leonard, the a ddition did not appear to be distracting from
Mr. Gustafson's property. However, he could not vote favorably for the variance
because no actual hardship appears to exist and it is strictly a homeowner
decision.
Art Flannagan said he would vote against the proposal because of lack of a defi-
nite hardship. Mahlon Swedberg said there are two choices that could be made;
build the family room only or the swimming pool room only within the lot lines
without a variance. Ke vin McAleese said this is a case of trying to fit too
much into the width of the property. Mahlon Swedberg asked if there were any
other comments. Nearing none, he closed discussion on this matter. Mahlon
Swedberg noted there were two variance requests for this parcel , one for the
proposed addition and one for the house as it exists a t 34.1 feet from the front
lot line a t its closest point. Art Flannagan moved to deny the waiver request
for the pool/family room addition as proposed, second by Kevin McAleese and upon
vote carried. Art Flannagan moved to approve the waiver for front setback for
the house as it now exists at 34.1 feet, second by Mike Sell and upon vote
carried. Mahlon Swedberg made Dr. Leonard aware of the appeal process if he so
desired.
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June 13, 1989
89-6-9 (Map 11) Residential
5901 Westbrook Road
Mildred S. Mathison
The Pe tition is for waiver of Section:
11.21 Subd. 7(A) front setback, for 11.4 feet off the required
35 feet from the front lot line to a distance of
23.6 feet from the front lot line to the pro-
posed garage addition. (Present house exists
at 33.6 feet from the front lot line at its
closest point.)
The petition was in order and consent obtained from all adjacent properties.
Mrs. Mathison was present with her son. No other property owners were present.
Secretary, Lloyd Becker, described the events that have occurred with this pro-
perty and the reason for the present waiver request.
Approximately a month ago Mrs. Mathison came to the City Building Department
with plans and a signed survey of her property and proposed a garage addition.
Subsequently, a building permit was issued based on the plans and also the sur-
vey which showed the home located a t 60+ feet from the front lot line. Upon a
request for a footing inspection, Building Inspector, Gary Johnson, noted an
obvious error must have been made on the survey because the adjacent houses
appear to be a t 35 feet and the proposed garage addition would appear to project
forward of the other alignments. Work was stopped and a subsequent survey was
made.
This, when submited, showed the existing home a t 33.6 feet f rom the front lot
line and now the proposed addition would be to within 23.6 feet from the front
lot line. Mrs. Mathison explained her present garage is a tuck-under a t the
rear of the house and you must drive around and enter into a very narrow radius
and it is also very difficult for her using the stairs up from that level .
Mahlon Swedberg asked why she didn't align a t least with the existing house.
Mrs. Mathison said the offset would look better. Mrs. Mathison said her son is
co-owner of the ho�. They moved in about a year ago and he noted the substan-
tial landscape improvements they had made since that time. Don Singer said he
could see no reason why the garage could not be moved back other than additional
construction costs. Art Flannagan said if this variance were approved, it
would be the only house in that entire neighborhaod with such an alignment. It
was noted that if an offset were of such high priority, the proposed garage
addition could be set back a t the required 35 feet.
Kevin McAleese noted this home is in his area and he was aware of the substan-
tial landscaping improvements and complimented Mrs. Mathison on their efforts to
date. Mahlon Swedberg noted the front setback areas are the most closely
guarded because of the immediate visual impact on adjacent alignments in most
cases. Mike Sell moved to deny the waiver f or the garage addition as proposed
and to approve the waiver for the house as it now exists a t 33.6 feet and to
allow for the garage addition to be built at the present alignment of the house
if the proponent so desired. Second by Kevin McAleese and upon vote carried.
Mrs. Mathison said she would be applying for a permit for the garage a t the
existing house alignment.
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June 13, 1989
89-6-10 (Map 10) Residential
4310 Tyrol Crest
Taeko Perry
The Pe tition is for waiver of Section:
11.21 Subd. 7(A) front setback, for 4.2 feet off the required
35 feet from Tyrol Crest to a di stance of
30.8 feet to the proposed deck a t its closest
point and for 1 .7 feet off the required 35 feet
from June Avenue South to a distance of 33.3
feet to the house as it now exists.
The petition was in order. Consent obtained from adjacent properties. Mr.
Perry was present. No others were in a ttendance for this item. Mr. Perry
explained that except for the walkway part of the deck, the main deck is over an
existing flat roof garage which is at 33.3 feet. The Board reviewed the
sketches provided by Mr. Perry and also a review of the topography in the area.
Noting the topography and general development in this area, Art Flannagan moved
to approve the waivers as requested, second by Kevin McAleese (for discussion
purposes) and there was further discussion on the walkway width of the deck.
At the close of the discussion the vote was called. It was 4 ayes for approval .
Donald Singer had to leave the meeting shortly before the vote was taken. Mr.
Singer had previously noted to Mahlon Swedberg that he had to leave a t 9:00 P.M.
89-6-11 (Map 8) Residential
Z10 Sunnyridge Circle
Peter and Anett Grant
T he Pe tition is for waiver of Section:
11.21 Subd. 7(B) rear setback, for 5 feet off the required 25
feet rear setback (20� of average lot depth)
to a distance of 20 feet from the rear lot line
to the corner of the house as it projects a t its
closest point to provide for a new home to be
constructed on this site.
The petition was in order. Consent obtained from adjacent properties. Mr. and
Mrs. Grant were present. No others were in attendance.
t�r. Grant explained this is the last lot left in the Tolg Addition. It borders
on Sunnyridge Circle, which is a cul de sac. The lot lines are unusual ,
approximately 65 feet in width at the cul de sac front and 180 feet in width at
the rear with some extreme topography. The lot is heavily treed.
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June 13, 1989
Mr. Grant explained the construction characteristics of the proposed home and
noted only a small corner projects about 5 feet into the 20 percent rear set-
back. The rear lot line abuts Theodore Wirth Parkway and there are no other
adjacent homes at the rear. Secretary, Lloyd Becker, noted that two other homes
in the area had received waivers for their placement because of lot line con-
figuration and topography.
Kevin McAleese said he would have to vote against this proposal just to be con-
sistent in his mind for any finding of hardship.
Mike Se11 moved to approve the waiver as requested noting the lot angles and
topography and only a small portion of the proposed house a t its closest point
infringed on the 20 percent rear setback. Second by Art Flannagan and upon vote
carried 3 ayes and one nay (McAleese).
89-6-12 (Map 13) Light Industrial
800 Xenia Avenue South
L.G.G.C. Company, owner
(Northstar Printing leasee)
The Pe tition is for waiver of Section:
11.35 Subd. 7(C)3 side setback, for 20 feet off the required 20
feet from the north lot line to provide for a
connecting link 20 feet in width to connect
with the adjacent north building located at
700 Xenia Avenue South.
89-6-13 (Map 13) Light Industrial
700 Xenia Avenue South
North Star Printing
(Brian P. Norris)
T he Pe tition is for waiver of Section:
11.35 Subd. 7(C)3 side setback, for 20 feet off the required 20
foot setback from the south lot line to pro-
vide for a connecting link 20 feet in width
to connect to the adjacent building south
a t 800 Xenia Avenue South.
The petitions were both in order with consent obtained from adjacent property
owners. Secretary, Lloyd Becker, explained that this is for a connecting link
between both buildings and the variances are from the common property line on
each side for the 20 foot setback. The link is only 20 feet wide and is not a
habitable space that could be used for any other purpose then transfer of
materials between buildings. Lloyd Becker suggested that this could be heard
for both buildings simultaneously. Art Flannagan moved to hear both items
toge ther. Second by Kevin McAleese and upon vote carried.
Board of Zoning Appeals � � � %�
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June 13, 1989
Mr. Brian Norris of Northstar Printing was present and explained his proposal to
connect both buildings. There would be a fire door separation a t both ends and an
intermediate door for egress. At the present time he would be leasing the
building at 800 Xenia. He has an option to buy and right of first refusal . At
the present time, he is leasing other spaces in the general area of Highway 12
but this would consolidate his operation and avoid unnecessary trucking. When
the building is available for purchase, he plans to do so and then would combine
the properties and fill in with new structure the buildable areas. This propo-
sal is similar to another structure on Florida and Hampshire Avenue. Mr. Norris
noted the previous moratorium that was in place which prevented him from doing
any thing to the buildings.
Art Flannagan moved to approve the waivers for both sides of the connecting links
noting this property is in the redeveloprr�nt area, the link is only for transfer
of materials from one building to another and the possib7e combination of the
sites in the future which would eliminate any need for the variance. Second by
Kevin McAleese and upon vote carried.
89-6-14 (Map 21) Li ght Industrial
8511 Tenth Avenue
R. E. Fritz Company
The Pe tition is for waiver of Section:
11.35 Subd. 6(C)4 landscape, for 10 feet off the required 10
feet of landscape along the east side of the
property adjacent to a proposed loading dock
addition for a distance of 90 feet to provide
for a fire lane width of 20 feet as a ccess to
the rear parking area.
The petition was in order and consent obtained from all adjacent properties. No
adjacent owners were present. Mr. Carmen Tuminelly was present to explain the
proposal . Mr. Tuminelly built this structure in 1974. A new addition is pro-
posed along the east side for a loading dock and 20 feet added to the rear of
the building for further warehousing. The addition to the building meets all
setback requirements. There is parking area in front and back and all of this
would be upgraded to concrete curb and gutter and new surface. The waiver for
the 10 foot landscape is to provide a minimum width of 20 feet for fire vehicles
to the back of the building and the waiver is only for that area along the east
side of the building adjacent to the proposed loading dock addition.
Mr. Tuminelly noted a t the present time it is blacktop to the east property line
to accomodate the longer truck iengths that must now back along the building and
enter the loading dock from the side. In the new configuration, most of the
landscape would be installed and they could back straight into the loading dock.
Mahlon Swedberg noted the substantial upgrade of the parking lots and landscape
areas to today's standards and he felt this was a good trade off for providing a
variance to meet fire code access. Mike Sell moved to approve the variance as
requested. Second by Art Flannagan and upon vote carried.
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June 13, 1989
89-6-15 (Map 7) Residential
5221 Thotland Road
Leo & Elizabeth Fossum
T he Pe tition is for waiver of Section:
11.21 Subd. 7(B) rear setback, for 9.6 feet off the required
25 feet from the east 1 ot 1 i ne to a di stance
of 15.4 feet from the lot line to the proposed
addi tion.
The petition was in order and consent obtained from all adjacent properties.
Mr. and Mrs. Fossum were present. No others were in attendance.
Secretary Lloyd Becker explained that this is a corner lot with a width of 100
feet facing Unity Avenue and a depth of 125 feet. Based on the current Zoning
Code, the area of the proposed addition is actually considered the rear of the
lot and requires 20 percent of the lot depth as setback. The proposed addition
is 15.4 feet from the lot line and would meet the setback if it were considered
a side lot line. Mr. Fossum said the proposed addition is for another bedroom
and being a corner lot with two 35 foot setbacks he has no other alternative for
an addition.
The Board discussed the construction characteristics of the existing home and
the proposed bedroom addition. Secretary, Lloyd Becker, noted that after the
agenda had been prepared a review of the new survey submitted showed the
existing house a t 34.2 feet from Thotland Road (35 feet required) and suggested
that whatever the Board's decision on the addition, they may want to address the
existing setback with a waiver. Art Flannagan moved to approve the waiver for
the room addition as requested and also a waiver for .8 tenths of a f oot off the
required 35 feet from Thotland Avenue to a distance of 34.2 feet from the lot
line to the house as it now exists. In doing so, Flannagan noted the rquirement
for two 35 foot setbacks, the placement of the existing home on the lot and the
lack of any o ther reasonable alterna tives based on current construction con-
figuration of the house. Second by Mike Sell and upon vote carried.
89-6-16 (Map 23) Industrial
8989 Wayzata Blvd.
Carousel Automobiles
The Pe tition is for waiver of Section:
11.35 Subd 6(A) front setback, for 15 feet off the required
35 feet from the north and west 1 ot 1 i nes to
a distance of 20 feet of landscape from the
service road and from Flag Avenue on the
west.
The petition was in order and contained consent from the adjacent properties.
Mr. Terry Trickett, General Manager, was present. No adjacent owners were in
attendance.
Board of Zoning Appeals � � � �
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June 13, 1989
Mr. Trickett described their present situation. The Highway 12 by-pass is
being used across their property on the south side. The new service road on the
north side and west side is in place and curb and gutter installed. Carousel is
required to have a 35 foot landscape area on three sides. The highway right-of-
way is approximately 40 feet in depth and will also be landscaped. The new
I-394 highway is in place on the north side and Carousel faces a concrete wall
approximately 30 feet high with a loss of accessibility to their site and on the
west they have a new access ramp. Mr. Trickett said he can best describe them
as now being located in a hole with no visibility. He described the 70 feet of
property on the south now being used as highway by-pass will , when returned to
them, be fully landscaped the entire 70 feet to try and enhance the visibility
of their property.
The Board reviewed a large number of pictures Mr. Trickett had provided with
views from every angle of the property. Following a long discussion of the
vehicle display area, the existing parking configuration and Mr. Trickett's
intent to landscape the entire 70 feet on the south when available, Art
Flannagan moved to approve an amended waiver from that requested to a waiver of
22 fee t off the required 35 feet to a landscape area 13 feet in depth along the
north and west lots lines adjacent to the highway right-of-way that is
landscaped. Second by Mike Sell and upon vote carried.
89-6-17 (Map 5) Residential
4320 Golden Valley Road
Steven D. Stewart
The Pe tition is for waiver of Section:
11.21 Subd. 7(C)1 side setback, for 8.4 feet off the required
15 foot side setback from the west lot line
to a distance of 6.6 feet from the west lot
line to the proposed garage addition a t its
closest point.
The petition was in order. Consent had been obtained from three property owners
and an undecided by the co-owner of the property directly adjacent on the west
side of this proposal . Mr. and Mrs. Stewart were present. No adjacent property
owners were present.
Lloyd Becker noted he had received a letter of concern from the adjacent owners
on their west. This letter had previously been distributed to the Board.
Mr. and Mrs. Stewart said there is nv parking allowed on Golden Valley Road.
There are three working adults in their family and the present garage and drive-
way are very small . If the improvements were allowed, it would also provide for
a turn-around to eliminate backing out onto Golden Valley Road. This is a large
lot. The house for some reason, possibly topography, was placed to the far west
side of the lot. The existing house is in need of repairs. The existing
a ttached garage would be torn off and replaced new as two-car if approved.
Total remodel value is $95,000.
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Board of Zoning Appeals
Page 10
June 13, 1989
Mahlon Swedberg asked about the area a t the rear of the house. Mr. Stewart said
this drops off sharply and because of topography on the rest of the lot there is
no other area for garage expansiQn that could be used. The present garage is
only 8 feet wide and allows for egress from an automobile from one side only.
Mike Sell moved to approve the waiver as requested noting the unusual placement
of the house on the lot, the topography extremes and the substantial improvement
to the property overall . Second by Art Flannagan and upon vote carried.
89-6-18 (Map 8) Residential
4015 Roanoke Circle
Michael & Barbara Mahoney 4
The Pe tition is for waiver of Section:
11.21 Subd. 7(C)2 side setback, for 7.3 feet off the required
13.8 feet from the south 1 ot 1 i ne to a di stance
of 6.5 feet from the lot line to the proposed
deck a t its closest point.
The petition was in order and consent obtained from all adjacent properties.
Mrs. Mahoney and her son were present for the meeting. No others were preent.
Mrs. Mahoney's son described the major portion of the deck was about 16 inches
high with no railing or wall panels, just flat deck. The deck is shaped to meet
the topography and is in a very heavily wooded area which is not visible from
adjacent properties. It is at the closest corner that the deck requires a
variance to be built as proposed. Following discussion on certain topography
characteristics as they relate to the deck, Art Flannagan moved to approve the
waiver as requested, noting the deck has no impact on adjacent properties, has
no side rails or panels and subject to the deck not exceeding 20 inches in height.
Secvnd by Kevin McAleese and upon vote carried. Mr. Mahoney noted that to his
knowledge, in many areas a deck height of less than 30 inches does not require a
permit.
There being no further business to come before the Board, it was upon
motion, second, and vote to adjourn at 10:40 P.M. .
�����/
Mahlon Swedberg, Chairma ro Tem loyd G. Becker, Secretary