08-14-90 BZA Minutes '� `'� � � MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF Z�NING APPEALS
August 14, 1990
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, August 14, 1990, at 7:30 P.M. in the City Council Conference Room,
City Hall , 7800 Golden Valley Road, Golden Valley, Minnesota.
The following Board members were present:
Chairman, Mike Sell
Larry Smith
Herb Polachek, alternate
Absent by prior arrangement, Art Flannagan, Mahlon Swedberg and Joan Russell .
The first order of business was approval of minutes of a regular
meetinq held July 10, 1990, copies of which had previously been
distributed to the Board. Larry Smith moved to approve the minutes as
written and presented, second by Herb Polachek and upon vote carried.
;
90-8-15 (Map 13) Light Industrial
950 Xenia Avenue South
Richard Kaitz
The Petition is for waiver of Section:
11.35. Subd. 7 (A) front setback, for 35 feet off the required
35 feet of landscape along Xenia Avenue to
a landscape area of 0 feet.
The petition was in order, Mr. Richard Kaitz was present, no adjacent pro-
perty owners were in attendance.
Mr. Kaitz described the effect construction of I-394 has had on his business
property. He noted the loss of parking at the rear of his property, the
damage to his landscape and irrigation piping at the front and the change of
access due to reconfiquration of Xenia Avenue.
The purpose of his waiver request is to add approximately 14 parking spaces ,
in front, to replace those lost to construction. Mr. Kaitz said his request
now is not for 35 feet off the required 35 feet of landscape but 25 feet off
so there will be 10 feet of landscaped area on his property. He noted that
he lost 5 feet of his 35 feet years ago when an upgrade of the width of
Xenia occurred. Reconstruction now because of I-394 will add additional
riqht-of-way area in front of his buildina and while the land is not his,
it will provide appearance of approximately 80 feet of green area in con-
,iunction with his 10 feet.
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Board of Zoning Appeals
Page 2
August 14, 1990
The Board discussed the overall effects to other properties as a result of
construction on Xenia. Larry Smith asked if the new right-of-way in front
of Mr. Kaitz' structure was permanent and Mr. Kaitz replied affirmative.
Chairman, Mike Sell, noted the revised waiver request and said the Board is
to consider 25 feet off the required 35 feet.
Herb Polachek moved to approve a waiver of 25 feet off the required 35 feet
of landscape area to a landscape width of 10 feet along the front property
line. In doing so, in recognition of the changes to the property created by
the I-394 construction, the loss of parking spaces at the rear and the
revised right-of-way that adds approximately 70 feet to the front abutting
Mr. Kaitz's proposed 10 feet of landscape. Larry Smith seconded the motion
and upon vote carried unanimously.
AO-8-16 (Map 8) Residential
416 Burntside Drive
Warren and Marsha Oskey
The Petition is for waiver of Section:
11.21 Subd. 7 (C)1 side setback, for 2.7 feet off the required
15.0 feet side setback to a setback from
the east lot line of 12,3 feet as the house
now exists, and for the deck as it now
exists at 10 feet at its closest corner.
The petition was in order. Consent obtained from all adjacent properties.
The property owner was out of town and was represented by his contractor,
Mr. Noonan. Chairman Sell noted the "homework" the property owners had done
in explaining their non-conforming status, their meetings with adjacent pro-
perty owners and letter description sent to a11 of them. Mr. Noonan noted
that the addition is upward on the structure; however, as a result of a
recent survey of the property, an original error in the side setback was
discovered and the purpose of the waiver request is to correct that status.
Larry Smith noted this is a very straight-forward proposal similar to others
the Board has addressed over the years where an error has been made at the
time of construction. Smith also noted this is a corner lot with unusual
lot line confi�uration as it relates to Burntside Drive and Woodstock Avenue
which could very easily have resulted in an error during layout.
Herb Polachek noted the waiver is only for the southwest corner of the house
at its closest point, at the front it exceeds the required setback.
Larry Smith moved to approve the waiver as requested, second by Herb
Polachek antl upon vote carried.
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Board of Zoning Appeals
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Auqust 14, 1990
90-8-17 (Map 1Q) Residential
4335 Sussex Road
Carol Lorence
The Petition is for waiver of Section:
11.21 Subd. 7 C(1) side setback, for 5.0 feet off the
required 15 feet from the northeast
lot line to a distance of 10 feet to
the proposed garage addition, and for
waiver of Section
11.21 Subd. 7 A front setback for 5.9 feet off the
required 35 feet from the front lot
line to a distance of 29 feet to the
front of the proposed garage addition.
The petition was in order. Consent obtained from adjacent properties.
Carol Lorence and Clark Rocheleau were present. No adjacent owners were in
attendance.
Clark Rocheleau explained their proposal to add a third garage stall to
their existing attached garage. Their reason for wanting another garage
stall is because they are adding another family vehicle and the need for the
variance is a safety issue. It is also necessary for them to have their
vehicles in the garage.
Chairman Sell noted the proponents had been before the Board of Zoning
Appeals several years ago. Mr. Rocheleau said they were before the
Board pre�%iously to correct the existing front setback non-conforming status
of the garage sa a fully conforming deck and porch could be added at the
rear. The existing garage is 27.5 feet from Sussex Road.
Larry Smith questioned the applicability of hardship to this proposal ,
noting the existing two-car garage which was addressed by previous waiver
and the proposed third stall which would require a front setback waiver and
also side setback waiver.
Larry Smith noted that there were homes constructed in the City years ago
that had attached single garages and some have been addressed by the BZA for
variances which would provide for a two-car garage, which is more to today's
standards. However, an expansion to three stalls, which requires a waiver
of a third of the required side setback and a front setback is questionable.
Carol Lorence described what they felt were safety issues such as the grade
of Sussex Road, the street configuration and small children in the area
where thru traffic has increased the past several years.
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Board of Zoning Appeals
Page 4
Auqust 14, 1990
The Board and the proponents exchanged views on the term hardship and after
much discussion Chairman Sell called for a vote on the variances. Herb
Polaehek moved to deny the waiver on grounds the safety issues noted and a
third stall requiring variances does not appear to fit the meaning of
hardship. Second by Herb Polachek and upon vote it was two ayes for denial
and one nay (Sell ) . Chairman Sell noted the appeal process available.
90-8-18 (Map 17) Residential
7401 Ridgeway Road
James & Linda Farnham
The Petition is for waiver of Section:
11.21 Subd. 7(A) front setback for 3 feet off the required
35 feet from the front lot line to a dis-
tance of 32 feet to the proposed addition,
and for waiver of Section
11.21 Subd. 7 C(1 ) side setback, for .03 feet of a foot
off the required 15 feet from the north
lot line to a distance of 14.7 feet to
the house as it now exists.
The petition was in order, consent obtained from adjacent properties. Mr.
Farnham was present. No others were in attendance.
Mr. Farnham explained his proposal . His home is on a corner lot and the
south side abuts a cul de sac. The lot slopes to the rear substantially
and tuck-under garages are at the rear. The home is placed 53 feet from
Ridgeway on the south side and is at the limit for setback on the north
side. This limits any options for expansion. The proposed addition fills
in a "notch" in the front of the house at the living room area.
Mr. Farnham noted the house adjacent to the north is set forward of his home
and the street angles so no visual impact of his addition would result for
alignment.
The Board discussed other construction alternatives none of which appeared
feasible as the house exists.
Larry Smith noted the 3 foot waiver in the location shown is minimal and
moved to approve the waiver as requested noting this is a corner lot
requiring two 35 foot setbacks and the topography and unusual street alignment
especially on the south side. Second by Herb Polachek. During discussion
on the motion, the Board noted that the alignment with adjacent properties
is generally maintained. Upon vote, the motion for approval carried
unanimously.
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Board of Zoning Appeals
Paqe 5, 199Q
Auqust 14, 1990
90-8-19 (Map 15) Residential
1320 Winnetka Auenue North
John and Tammy Ward
The Petition is for waiver of Section:
11.21 Subd. 7 A front setback, for 4.5 feet off the required
35 feet from the front lot line to a pro-
posed distance of 30.5 feet to the below
ground swimming pool at its closest point.
The petition was in order. Mr. Ward was present. Consent had been
obtained from adjacent properties. No others were in attendance.
Mr. Ward explained his proposed below-ground pool . This is a corner lot, The
35 foot setback runs the length of the lot which is 170 feet along Winnetka.
The house faces Winnetka Avenue. The north side is Knoll Street and the home is
37 feet from that side. The only open yard area of any amount is on the south
side where the pool is proposed. The setback waiver requested is only for a
small corner of the pool as it is set at an approximate 45 degree angle to fit
the lot.
Durinq further discussion, Mr. Ward said he found by some further alignment the
main body of the pool will meet the 35 foot setback and only a small portion of
the apron on the corner would possibly enter the 35 foot area and this was slab
at ground level . As a result of this description, it appeared that possibly no
waiver is required.
Herb Polachek moved to defer this matter for one month so the owner can work
with staff if no waiver is needed. Second by Larry Smith. During discussion on
the motion, it was the consensus that the apron as noted did not require a
waiver if at gr�und level at the closest corner if all other met the 35 foot
standard. Upon vote, motion carried unanimously.
90-8-20 (Map 5) Residential
2035 Ordway Road
Nashat N. Helmy
The Petition is for waiver of Section:
11.21 Subd. 7 C(1 ) side setback, for 8 feet off the required
15 feet from the north lot line to a
distance of 7 feet to the proposed garage
addition at its closest point.
The petition was in order, consent obtained from adjacent properties. Mr. Ben
Deemer was present to represent the owner. No ad,jacent property owners were
present.
Mr. Deemer described the existinq single-car attached garage as 8 feet wide.
The proposed addition is also only 8 feet wide which is the absolute minimum to
o�en a car door inside.
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Board of Zoninq Appeals
Page 6
� August 14, i990 �
This property is on an unusual lot, the front of which borders on two streets,
Westbend Road and Ordway. The front is a long curving line of four tangents.
Evidently, because �f topography, the home was placed well to the northeast side
of the lot when built. The proposed waiver is required only at the very north
corner of the garage. The front of the garage exceeds the required 15 foot
setback.
Mr. Deemer also noted an assumed property line between this and the next north lot
which has the appearance of this property having ten more feet of side yard than
the survey reflects. Following discussion of the construction characteristics
related to the addition and the placement of the existing home at an angle on
the lot, Larry Smith moved to approve the garage addition noting the lot con-
figuration, topography a garage width addition only 8 feet in width and that
only about 3 feet at the closest corner requires the waiver. Second by Herb
Polachek and upon vote carried.
90-8-21 (Map 11) Business & Professional Office
6100 Golden Valley Road
On Belay, Inc.
The Petition is for waiver of Section:
11.45 Subd. 5 (4) side setback, for 14 feet off the requiretl
20 foot setback from the west lot line to a
distance of 6 feet from the west lot line to
the building as it now exists at its closest
point, and far Section
11.45 Subd. 5 (2) for 15 feet off the required l5 feet of
landscape along the north lot line to a
landscape area of 0 feet, and for 15 feet
off the required 15 feet of landscape along
the east lot line, and for Section
� 11.45 Subd. 5 (1 ) front setback, for 20 feet off the required
35 feet of landscape area along the south
lot line to a landscape area 15 feet in
depth at the parking lot entrance areas.
The petition was in order. Notices had been sent to adjacent property owners.
Signatures had not been obtained by the proponents. Present for the meeting
were Messrs. Peter Beck, Attorney representing On Belay, Inc., John Smith,
Architect and John Bensen from On Belay, Inc. No adjacent property owners were
present.
Secretary Lloyd Becker reviewed the history of the property, previous waivers
granted and the City Attorney's rationale for consideration by the BZA in con-
junction with this proposal .
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Board of Zoning Appeals
Paae 7
August 14, 199Q
The staff report, prepared by Beth Knoblauch, Planner, had been sent to the
Board members prior to the meeting. Any action taken by the BZA will be con-
ditioned on u�hat final action is taken by the City Council on the present
request for a Conditional Use permit.
Peter Beck explained the entire proposal, their appearance at the Planning
Commission and their rationale in applying for a Conditional Use permit under
the present B.P.O zoning rather than rezone to institutional or multiple
dwelling. Mr. Beck described in detail the functions of the facility noting the
activities during the day, the lock-up at night and said he felt the hours of
operation were more similar to business hours than institutional . A rezoning to
another category which may then address this operation as a permitted use would
really open up a wide range of other possible tenants than would the constraints
provided by the Conditional Use through the present zoning.
The site plan and landscape plan were reviewed. Mr. Beck noted that where cer-
tain waivers were in place along the north lot line for parking area, this would
now be landscaped. Additional landscape will also be provided along the east
lot line. Total new landscape would approximate 40 percent of the site.
Waivers presently on record addressed the north and west side of the building;
haaaever, nothing could be found for the ea�t lot line area so this is included
in the present request.
After considerable more discussion and exchange of options, it was the consensus
of the Board that while they do not by ordinance directly address uses in zoning
catagories, but rather the literal provisions in each category; i .e. , height,
setback, etc. , it appears that if this use under a Conditional Use permit with
the operational conditions as described, it more closely fit a professional
category such as a dental , doctor' s office or clinic, etc. , than multiple or
institutional . As such, the present waivers that apply to the property and that
as defined in this proposal along the east lot line are appropriate and reaso-
nable for the conditions that exist.
In consideration of the above, Larry Smith moved to approve the waivers as on the
agenda reaffirming those previous approvals and now that along the east lot line ,
recognizing the current placement of the building, the topography and retaining
walls that exist and the upgrade of landscape on this site conditioned on sub-
sequent City Council approval of the Conditional Use permit. Herb Polachek
seconded the motion. During discussion on the motion, the Board noted that
should the Conditional Use permit not be granted, present waiver approvals appli-
cable to use of the building in the present B.P.O. category shall continue to
exist until such time as the non-conforming conditions within the administrative
section of the Zoning Code become a consideration. Chairman Sell called the vote
and it was unanimous for approval .
There beinq no further business to come before the Board, it was upon motion,
second, and vote to ad,iourn at 9:25 P.M.
"�'"1 .✓���'�,�
Mike Sell , Chairman loyd G. Becker, Secretary