08-08-89 BZA Minutes '� 12 +�
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
August 8, 1989
The regular mee ting of the Golden Valley Board of Zoning Appeals was
held Tuesday, August 8, 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
Herb Polachek, alternate
Absent by prior arrangement, Chairman Larry Smith.
The first order of business was approval of the minutes of a regular
meeting held July 11, 1989 copies of which had previously been distributed
to the Board.
Herb Polachek moved to approve the minutes as written and presented.
Second by Mike Sell and upon vote carried.
89-8-24 (Map 8) Residential
200 Meadow Lane North
Dr. John & Anne Murray
The Pe tition is for waiver of Section:
11.21 Subd. 7(A) front setback, for 10 feet off the required
35 feet from Sunnyridge Lane to a distance of
25 feet from the lot line as the house now
exists. (Purpose of the waiver is to provide
for a fully conforming addition to be added on
the east side.)
The petition was in order and consent obtained from all adjacent properties.
Mr. Lloyd Jaffert, architect for Dr. and Mrs. Murray was present along with a
representative of Tyrol Builders, the contractor.
Secretary, Lloyd Becker, noted he previously received and distributed to the
Board a letter from Dr. Murray mailed from Kenya, Africa. Dr. Murray and his
wife noted they could not a ttend because they were fulfilling their annual month
long commitment of providing mobile medical care to Maasai natives in Africa.
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August 8, 1989
Lloyd Becker also noted that when building plans were presented for the proposed
room additions and interior remodeling, they were accompanied by a survey done
in May, 1989. This survey showed the house a t 35 feet from Meadow Lane and 25
feet from Sunnyridge Circle. No record exists for any waiver from the required
35 feet from Sunnyridge. Speculation is that Meadow Lane existed at the time
their home was built and possibly some of the lot was lost to right-of-way when
Sunnyridge Lane was established. The home was built in 1946. Mike Sell noted
this home existed for over 40 years and only now was anyone aware of the non-
conformance along Sunnyridge as a result of the current survey.
The Board reviewed the construction plans in detail with Mr. Jaffert. The pro-
posed addition all conforms to the present zoning code.
The consensus of the Board was this was more of an administrative correction to
a situation either created by error in 1946 or quite possibly a loss to right
of-way which made the home non-conforming af terward.
Mike Seli moved to approve the waiver for the existing house as requested,
noting this is a very large lot (180 feet along Meadow Lane and approximately
280 feet along Sunnyridge Lane) and that the waiver is required only at the
existing garage area along the curving lot line on Sunnyridge. Second by Art
Flannagan and upon vote carried unanimously.
89-8-25 (Map 19) Residential
1912 Mendelssohn
Patrick Scanlon
T he Pe tition is for waiver of Section:
11.21 Subd. 12(A) side setback, for 2 feet off the required
10 feet of separation between the existing
detached garage and the proposed room
a ddition to a separa tion of 8 feet.
The petition was in order. Consent obtained from all adjacent properties. Mr.
and Mrs. Scanlon were present with their contractor, Mr. Denny Gorman. No adja-
cent owners were present.
Secretary, Lloyd Becker, noted Mr. and Mrs. Scanlon had been before the Board
July 10, 1979, with a similar proposal and had received approval . Lloyd Becker
suggested the Board also address the discrepancy along the north lot line. The
lot is a 60 foot width. Ten percent of the lot width is required on the north
or west side. The house a t the front is 5.9 feet and a t the rear 5.5 feet. Mr.
Gorman reviewed the proposed room addition plans with the Board. The proposed
distance between the garage and house is the same as in 1979. The width is two
feet wider. Mr. Gorman noted the house is five feet further back from the front
lot line for some reason and this reduces the posstbie separation to the
detached garage. In the last approval , he noted the Board's requirement that
the walls less than 10 feet from the back of the house be faced with fire code
sheetrock. He said they would do that again.
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August 8, 1989
Kevin McAleese said the existing detached garage is set at a slight angle simi-
lar to the house and on the survey it appears at 4.2 feet from the south lot
line at its closest point.
After some further discussion, Art Flannagan moved to approve the waiver as
requested for the separation distance between the proposed addition and the
existing detached garage subject to sheetrock of wall a reas less than 10 feet
horizontally from the rear of the house, and for a waiver for the existing house
from the north lot line to a distance of 5.5 feet at its closest point and for
the garage as it exists a t 4.7 feet from the south lot line a t its closest
point. In doing so, Flannagan noted the topography of the lot, the narrow lot
width, and the larger front setback of 40 feet from the front lot line as all
factors rela tive to this proposal . Second by Herb Polachek and upon vote
carried.
89-8-26 (Map 20) Residential .
8335 Julianne Terrace
Laureen Phillips
The Pe tition is for waiver of Section:
11.21 Subd. 7 C(1 ) side setback, for 1.5 feet off the required
15 feet from the east lot line to a distance of
13.5 feet to the house as it now exists.
(Purpose of the waiver is to provide for a fully
conforming deck and porch to be added to the rear.)
The petition was in order. Consent had been obtained from adjacent properties.
Mr. Larry Phillips was present and represented Laureen Phillips.
Secretary, Lloyd Becker, noted that on the survey provided with this petition,
the surveyor had not dimensioned the corner of the house from the west lot line
and it appeared that with the existing house placed a t an angle to the side lot
lines that corner may also be less than 15 feet. Mr. Phillips described the
proposed porch and deck which would be set in from the east side of the house
and would mee t the required 15 foot setback.
During further discussion, Mr. Phillips asked if a waiver is granted for the
existing house could consideration be given to allowing the deck area to be
built continuing the alignment with the house. Chairman Swedberg said that
opens up a whole new situation. After questions regarding the height and new
alignment of the deck, Chairman Swedberg suggested the possibility of laying
this over to the next meeting to allow Mr. Phillips to assemble more information
on the effects the deck would have if built following the existing house align-
ment.
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August 8, 1989
Mike Sell suggested that setting in the porch and deck from the edge of the
house actually may be an advantage to appearance in addition to meeting the set-
back. Sell noted the differences in materials between the deck and house and
they would not be visible from the front if set in. As a result of this
discussion, Mr. Phillips said he was satisfied to proceed with his original
request which was for the existing house only.
Mike Sell moved to approve the waivers as requested along the east lot line and
to add a waiver for 1 .5 feet off the required 15 feet from the west lot line to
a distance of 13.5 feet to the house and a ttached garage a t its closest point.
Art Flannagan seconded the motion and upon vote carried.
89-8-27 (Map 21) Industrial
730-734 Decatur Avenue
Ambassador Press, Inc.
Bernard & Marvin Engle
The Pe tition is for waiver of Section:
11.36 Subd. 6(A) front setback, for 7 feet off the required 35
feet from Decatur Avenue to a landscape area
of 28 feet in depth from the front lot line
and for waiver of Section
11.36 Subd. C side setback, for 10 feet off the required
10 feet of landscape along the north lot line in
two areas beginning a t the east lot line and
extending westerly for approximately 75 feet
and beginning from the west lot line and
extending easterly for approximately 70 feet
and for Section
11.36 Subd. 7(A & 6) parking, for 4 spaces off the required 54
spaces to a total of 50 spaces on si te.
(These waivers granted by Board of Zoning
Appeals September 8, 1987, and expired
af ter one year because of no construction. )
The petition was in order and consent obtained from adjacent properties.
Messrs. Ed and Marvin Engle were present. No adjacent property owners were in
attendance.
Secretary, Lloyd Becker, noted a similar proposal had been approved on September
8, 1987. The present proposal does not include a loading dock previously a part
of the proposal and this then provides for four additional parking spaces. The
Board had been mailed copies of the minutes of September, 1987 meeting with
their agenda packets.
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August 8, 1989
Mr. Ed Engle described himself as general manager of Ambassador Press and made
the presentation. The proposal is to add a two-s tory addition on the front of
the existing building and if possible a basement vault area for storage of print
negatives.
Mahlon Swedberg asked why the addition is needed. Mr. Engle said the need is
basically the same as in 1987 and they want to stay in Golden Valley as they
have established an identity with their customers a t this location.
Mr. Engle said their building is presently set back approximately 74 feet from
the front lot line. The proposed addition is 30 feet in depth. To continue to
provide a row of parking in front and a 20 foot aisle, it reduces the front
landscape area to 28 feet. Mahlon Swedberg nvted all adjacent properties north
to 14th Avenue are located well back from the front lot line, have parking area
on front and maintain at least 35 feet of landscape in front.
This proposal would place the building ahead of those others and create an
esthetic disruption of established alignment. The Board discussed the side
setback rela tive to landscape. Mr. Engle said the green area along the north
lot line would remain and be extended east along the existing parking lot. Mr.
Engle reviewed the loss of access a t the rear from Boone Avenue. This resulted
as vaca tion of an easement by the property owner on Boone Avenue through
litigation.
Kevin McAleese noted he voted against the previous proposal for lack of any
identifiable hardship and he sees none with this proposal . McAleese suggested
the possible elimination of the existing parking in front and provide the
required 35 feet of landscape as one possibility or possibly the addition be
made a t the back of the building. Mr. Engle said they need all of the parking.
They have 37 employees. They had not explored the feasability of adding to the
rear. The Board continued a lengthy discussion and exchange on the construction
characteristics, parking and possible alterna tives. Mahlon Swedberg said he
thought the addition to the rear should be explored because the effect on
existing alignment and the precedent that would be set would have a definite
potential for other property owners to explore.
Art Flannagan noted he voted for approval last time and moved to approve the
waivers as requested. Second by Mike Sell.
Mahlon Swedberg asked if there were any further corr�nents by the Board or the
proponents before the vote was called. Mike Sell noted the merits of the impro-
vement to the appearance the addition would make. Ke vin McAleese agreed the
proposed design is a major improvement but there s till is no hardship in his
mind. Mahlon Swedberg said the alternative is to explore construction to the
rear. As a result of this further discussion and also with the consent of the
proponents, it was the consensus to defer this item to the next regular meeting
to provide the proponents time to explore further alternatives. Art Flannagan
withdrew his motion, Sell his second. Art Flannagan moved to defer this item to
the next regular meeting, second by Herb Polachek and carried unanimously.
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August 8, 1989
Prior to adjournment, Mahlon Swedberg said he would be on vacation during the
date for the September Meeting. Lloyd Becker noted he must attend a mandatory
continuing education conference from September 10 through September 16, 1989.
Art Flannagan confirmed he also would be gone. After discussion, it was agreed
to notify Messrs. Engles that the Board would be willing to hold a special
meeting August 30, 1989, if they had alterna tive plans for consideration and to
insure they would have the opportunity to be addressed by the same Board and
staff inember.
An additional alternative could be a special meeting a t the end of September
when the same a ttendance could be accomplished. Secretary, Lloyd Becker, said
he would notify Messrs. Engles of the options provided by the Board.
T here being no f urther business to come before the Board, it was upon motion,
second, and vote to adjourn a t 8:50 P.M.
Mahlon Swedberg, Chair Pro Tem 1 yd . B er, Secretary