08-30-89 BZA Minutes � � � �
MINUTES OF A SPECIAL MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
August 30, 1989
The special meeting of the Golden Valley Board of Zoning Appeals was held
Wednesday, August 30, 1989, at 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:
Chairman, Larry Smith
Mike Sell
Art Flannagan
Mahlon Swedberg
Kevin McAleese
Secretary, Lloyd Becker, noted the minutes of a regular meeting held August
8, 1989, had been previously distributed to the Board and consideration
could be given for approval at this time. Art Flannagan moved to approve
the minutes as written and presented. Second by Mike Sell and upon motion
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 fee t 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 & B) parking, for 4 spaces off the required 54
spaces to a total of 50 spaces on site.
(These waivers granted by Board of Zoning
Appeals September 8, 1987, and expired
after one year because of no construction. )
Chairman Smith reviewed the Board's discussion and action for deferral at
the previous meeting, which was to allow the proponent time to consider
other options. One such option specifically suggested by the Board was
construction of an addition a t the rear of the existing building.
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Board of Zoning Appeals
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August 30, 1989
Secretary, Lloyd Becker, noted that he had received nothing in correspon-
dence, alternate plans or adjustments to the previous proposal for this
meeting. Mr. Marv Engle, Ed Engle and Barry Engle were present. Mr.
Barry Engle said he was not present at the pr�vious meeting because he was
out of town and delayed by airline schedule. Mr. Barry Engle said their
request was not revised because construction to the rear was not a viable
option.
Mr. Engle passed out a sketch of the rear of the building on which he
dimensioned the distance to the rear lot line, area needed for semi-truck
maneuvering and adjusted parking spaces. Mr. Engle said after the original
proposal and approval on September 9, 1987, no construction took place
because he had become seriously ill . He has now recovered and they would
like to proceed.
A t the last mee ting they had added a proposal for a vault area in a base-
ment of the proposed addition. If that was a problem they would not now
ask for consideration of it.
Mahlon Swedberg said it appears there is possibly of lack of communication
as the sketch now provided is not at all what he had in mind when he
suggested the alterna tive a t the rear of the building. It was basically to
add a second floor at the rear. Mr. Engle said that wouldn't work, as it
isn't practical for offices and customers.
The Board began review of the site plan and architectural drawing pre-
viously submitted. Mahlon Swedberg said that upon further examination, it
appeared 13 parking spaces along the south lot line could not be counted
because if they actually were used, no semi-truck or similar vehicle could
pass through.
The Board entered a lengthy discussion on the actual number of parking spaces
required and the actual numbers that could be physically and practically
developed on site. It appeared that 52 spaces were required according to
the square footage data for office area, warehouse and manufacturing.
Secretary, Lloyd Becker, said 54 spaces would be required if the basement
area vault was included. If the parking on the side could not be counted,
only 34 spaces were feasible and in reality a substantial parking waiver is
required. Mike Sell noted if the figures were correct, this was overlooked
at the approval in 1987.
Lloyd Becker reviewed the original site plan from 1987. He noted that
while it provided data showing 52 spaces, only 47 were actually usable
and physically possible because some were shown one behind the other as
stacking and several others were in the required setbacks or in front of
loading docks.
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Board of Zoning Appeals
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August 30, 1989
Upon further examination of the site plan and comparison with the architectural
plan which was more clearly dimensioned, it was determined that the 13 spaces
along the south lot line were physically possible and sufficient width did exist
for truck passage and that the original count by staff at 47 was correct on the
plan. Mr. Engle said they would remove the vault from consideration. This then
would have a requirement of 52 spaces with 47 provided and a waiver of 5 spaces
necessary. The Board concurred with this figure after counting each space
feasible on the site plan.
Mr. Barry Engle said if these waivers were not approved this time as in the
past. he felt he was being penalized for having become seriously ill.
Mahlon Swedberg said that despite his previous vote for approval in 1987,
he has come to feel more strongly about the existing setbacks of adjacent
buildings and the effect and precedent approval would now have. Mr. Engle
noted the building would meet the 35 foot setback requirement and the
waiver off the 35 feet is for the required green area. He acknowledged his
building and others adjacent to the north are now substantially more than
35 feet back and their proposal would set them forward of the others except
for the structure to the south which faces 7th Avenue and is set 35 feet
from Decatur. Kevin McAleese said the 7 feet of landscape off the required
35 feet is important to him.
McAleese noted he voted against the approval in 1987 and cannot see any
justifiable hardship again. He asked Mr. Engle how he would describe any
hardship. Mr. Engle said they have been in Golden Valley for many years,
all their customers and other clients identify with their present location.
Their present location is accessible by many major roadways and to relocate
to another building or community would drastically effect their business.
Kevin McAleese said the characteristics of hardship must be to the property
not the business and he noted subsequent tenants could have a need for more
parking. McAleese said the previous easement that provided access from
Boone Avenue to the rear of these two buildings for the majority of truck
traffic and which was lost through litigation several years ago did not
before, nor now, constitute a viable hardship in his mind. Mr. McAleese said
an economic hardship is not a judgement this Board can consider. He noted
he voted against approval in 1987 and suggested the Board rr�de an unlawful
decision originally as loss of the easement for access is not a hardship
and approval again would be illegal . Mike Sell reviewed the previous minutes
of 1987 and noted a t that time he seconded the motion of Larry Smith for
approval . Sell noted that those minutes reflect the Board's consideration
of the loss of the easement as a hardship and a t that time as the minutes
described, led to a description by the Board of a situation that ranged
from a hardship to a business morass.
In the previous discussion, Mr. Engle, noted that his total employees are
37 not 37 per shift as noted in the August 8, 1989 minutes. The Board
instructed Secretary Lloyd Becker to adjust the minutes to read 37
employees period, as now described by Mr. Engle. Chairman, Larry Smith,
asked if there were any more comments or question$ by the Board or the
proponents.
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August 30, 1989
Mike Sell again noted the minutes of 1987 and said his feelings have not changed
to date. Sell moved to approve the waivers as requested with the parking
required at 52 spaces, 47 provided with 5 spaces waived along with the rest of
the agenda as described and subject as before to the City Building Board of
Review giving special a ttention to the landscape when plans are presented for
approval. Second by Art Flannagan.
Chairman, Larry Smith, said the comments made by Kevin McAleese are a matter
of opinion by one member of the Board regarding finding of a hardship or
legality and just because he happens to be an a ttorney, he is not the City
Attorney and opinions of legality are appropriately with the City Attorney
and should not be made by McAleese toward Board member's actions at a meeting.
Chairman Smith called for the question on the motion for approval and upon vote
it was 3 ayes and two nays (McAleese and Swedberg) and upon vote carried.
There being no further business to come before the Board, it was upon
motion, second, and vote to adjourn at 8:45 P.M. .
Larry Smith, Chairman L oyd G. Becker, Secretary