07-12-94 BZA Minutes
1335
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
I
July 12, 1994
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, July 12, 1994 at 7 PM, City Hall Council Confernece Room, 7800 Golden
Valley Road, Golden Valley, Minnesota.
The following Board members were present: Chair Mike Sell, Emilie Johnson,
Herb Polachek, Larry Smith, and Mahlon Swedberg. Also present was Mark Grimes,
Sta ff Li a i son.
Approval of Minutes- June 14, 1994
MOVED by Smith, seconded by Swedberg and motion carrie.d U1:!~Y1imou.slytoapprove
the June 14, 1994 minutes with the following notation to the minutes regarding
Donald B. Valley's variance request. Member Swedberg said that when the
existing garage is removed in the near future, that it then be placed in a con-
forming location on the lot. (See attached Page Four from June 14th minutes.)
--------------------------------------------------------------
Minutes for the Petitions are:
917 No. Lilac Drive (94-6-21)
KQRS, Inc.
I
Request:
Waiver of Section 11.35, Subd. 7(C)(1) which requires a 50 foot
sideyard setback adjacent to property zoned R-2 (two-family). The
existing parking lot is located five feet from the property line;
and
I
Waiver of Section 11.35, Subd. 7(C)(3) which requires a 10 foot
sideyard setback for driveways adjacent to property zoned Open
Development; the existing driveway is located two feet from the
property line.
To make the NW parking area and the existing driveway along the
south property line legally non-conforming.
The petition was in order and consent obtained from adjacent property owners.
Station Manager, Mark Steinmetz and the KQRS architect were present to answer
any questions. No other interested persons were in attendance. Staff Liaison,
Mark Grimes gave a brief staff report indicating that at the June 14, 1994 BZA
meeting, the BZA had granted a variance to allow for the expansion of the KQRS
building to within several feet of the north property Jin~. This BZAapproval
is contingent on City Council approval of a rezoning of a parcel to the south
of KQRS that is being purchased by KQRS for more parking. When the Planning
staff was researching the rezoning request, it was determined that KQRS needed
two additional waivers in order to make the KQRS lot legally non-conforming.
These waivers are 1) 45 feet off the required 50 foot setback for the parking
lot at the west end of the building in order that the parking lot may be within
five feet of the property line and 2) eight feet off the requested 10 foot set-
back for the driveway along the south property line in order that the driveway
may be within two feet of the south property line. The waiver for the driveway
should have been issued in 1974 when the KQRS building was expanded the first
time or sometime between 1981 and 1987 when the parking lot was expanded.
Purpose:
1336
Minutes of the Board of Zoning Appeals
July 12, 1994
Page Two
MOVED by Smith, seconded by Polachek and motion carried unanimously to approve
the petition following waivers: 1) Section 11.35, Subd. 7(C)(1) for a sideyard
setback of 45 feet off the required 50 feet (the parking lot is within five
feet of the property line adjoining a R-2 zoning district) and 2) Section
11.35, Subd. 7(C)(3) for a sideyard setback variance of eight feet off the
required 10 feet. (The driveway is built within two feet of the side property
line.) It was noted by the BZA that the improvements have already been made on
the property and that there was an error in not requiring the variances.
I
4505 Glenwood Avenue (94-7-22)
Rosa 1 i nd Be 11
Request:
Waiver of Section 11.90, Subd. 4(C)(4) which states that any sub-
sequent construction or activity shall require a new variance even
though a prior variance of a similar nature had been granted for
the property.
Purpose:
To construct a conforming 10' x 32' deck onto the rear of the
house.
The petition was in order and consent was obtained from adjacent property
owners. The contractor for Ms. Bell was present to answer any question~~ J'olo
other interested persons were in attendance. Staf1.Liai~on, Mark Grimes gave a
brief staff report indicating that front yard setback variance was issued to
thi s property in 1993 to buil d a foyer on the Gl enwood Avenue si de. The pro-
posed deck addition to the house is conforming. The new waiver is needed to
expand a legally non-conforming use.
I
Member Swedberg said that the existing second story "walkway" around three
sides of the home is not a functional walkway but an architectural feature that
is exempt from setback requirements. The other members agreed.
MOVED by Swedberg, seconded by Polachek and motion carried unanimously to
approve the petition for waiver of Section 11.90, Subd. 4(C)(4) which states
that a new variance must be issued for new construction to a legally non-
conforming building. The BZA noted that this variance is justified because of
the difficult topography of the lot and the difficulties caused by a location
on a corner lot.
4220 Beverly Avenue (94-7-23)
Daniel and Susan Masterson
Request:
Waiver of Section 11.21, Subd. 7(A) which requires a front setback
of 35 feet from the front property line. The proposed front yard
setback is 31 feet from the front setback; and
Waiver of Section 11.21, Subd. 7(C)(2) which requires a side set-
back of 12.14 feet (15% of lot width). The existing setback is
11.95 feet.
I
Purpose:
To make the house legally non-conforming so they may construct an
atta~hed two-stall garage.
1337
Minutes of the Board of Zoning Appeals
July 12, 1994
Page Three
I
The petition was in order and consent was obtained from adjacent property
owners. Mr. and Mrs. Masterson were present to answer any questions. No other
interested persons were in attendance. Staff Liaison, Mark Grimes gave a brief
staff report indicating the difficulties that the existing tuck under garage
causes during rain and ice conditions. The proposed two-car garage would be
built at street level so water would not run into the new garage.
MOVED by Polachek, seconded by Johnson and motion carried unanimously to
approve the petition for waivers of 1) Section 11.21, Subd. 7(A) for a street
setback of four feet off the required 35 feet and 2) Section 11.21, Subd.
7(C)(2) for a sideyard setback of .19 feet off the required 12.14 feet. The
BZA noted that the topography of this lot permitsc no other location than the
one proposed by the applicant and that existing garage, arrangement is unaccep-
table due to the water drainage into the existing garage.
3320 Terrace Lane (94-7-24)
Raymond and Denise Sheeley
Request:
Waiver of Section 11.21, Subd. 7(C)(I) which states that the
required side setback shall be 15 feet. The existing sideyard set-
back is 8.97 feet off the required 15 foot setback.
Purpose:
To make the house legally non-conforming so they may construct an
attached two-stall garage.
I
The petition was in order and consent obtained from adjacent owners. Mr. and
Mrs. Sheeley were present to answer questions. No other interested persons
were in attendance. Staff Liaison, Mark Grimes gave a brief staff report indi-
cating that the existing house was placed within six feet of the side property
line when the house was built in the 1940's. The proposal now is to add a two
car, attached garage to the side of the house. The new garage would conform to
existing setback requirements.
MOVED by Smith, seconded by Polachek and motion carried unanimously to approve
the petition for a waiver of Section 11.21, Subd. 7(A) of 8~97 feet off the
required 15 foot sideyard setback. The approval is conditioned on 1) the
removal of a metal shed and 2) that the remaining child1s playhouse and small
storage shed will be placed on the lot to meet setback requirements. The BZA
noted that the waiver was justified because there were no setback requirements
when the house was built in the 1940's. Without the waiver, no expansions of
the house would be allowed.
4221 Beverly Avenue (94-7-25)
Jim and Nan Corwin
Request:
Waiver of Section 11.21, Subd. 7(A) which requires a front setback
of 35 feet from any side or rear property line which is also a
street or road right-of-way line; and
I
Waiver of Section 11.21, Subd. 7(B) which requires a rear setback
of 20% of the lot depth.
Purpose:
To make the house legally non-conforming so they may construct an
addition and deck area onto the home.
1.338
Minutes of the Board of Zoning Appeals
July 12, 1994
Page Four
Mr. and Mrs. Corwin and their builder, Ed Noonan, were present to answer any
questions. No other persons interested in this matter were present. Staff
Liaison Mark Grimes gave a staff report indicating the extent of the proposed
construction. He also noted that the existing deck did not meet the rear yard
setback requirement of 25 feet and that the six foot high privacy fence along
Ardmore Drive was on City right-of-way.
I
Mr. Corwin described the proposed improvements to the house indicating the
desire to add bedrooms and more living space for his growing family. He said
that he has lived there since 1986 and has made substantial improvements to the
house.
Member Swedberg said that he was concerned about the size of the addition for
the small lot and the visual impact on the area. Member Smith said that corner
lots are difficult to expand due to the two 35 foot setback requirements.
Member Sell said he was concerned about the fence being located on the City's
right-of-way and asked if it could be moved. Mr. Corwin said thatitcg.uJ(:l.b~
moved if required.
The BZA discussed at some length the size of the project and the visual effect
it will have on the area. Member Swedberg felt that it is too much building
for the lot.
MOVED by Smith, seconded by Polachek to approve the variance with the following
conditions:
1) The proposed deck be no closer than 16.5 feet from Ardmore Drive (same
setback as building addition).
2) The existing fence be moved off of City right-of-way from Ardmore
Drive.
I
3) Removal of the fence on Ardmore Drive form City right-of-way.
The motion carried unanimously for a waiver of 1) Section 11.21, Subd. 7(A) for
a street setback of 18.5 feet off the required 35 foot setback along Ardmore
Drive and 2) Section 11.21, Subd. 7(B) for a rear yard setback of five feet off
the required 25 foot rear yard setback. The BZA noted the difficulty in the
topography of the lot which allows no other area for expansion than the one
proposed and the difficulties caused by the corner lot setbacks.
1500 Rhode Island Avenue (94-7-26)
Linda and Joyce Jorgenson
Request:
Waiver of Section 11.21, Subd. 7(A) which requires a front setback
of 35 feet from any side or rear property line which is also a
street or road right-of-way line. The setback waiver from Winsdale
Street is 15 feet off the required 35 foot setback.
To make the house legally non-conforming so they may construct a
deck onto the rear of the home.
I
Purpose:
The petition was in order and consent obtained from adjacent property owners.
Linda and Joyce Jorgenson were present to answer any questions. No others
interested in this matter were in attendance. Staff Liaison Mark Grimes gave a
1.339
I
Minutes of the Board of Zoning Appeals
July 12, 1994
Page Five
brief staff report indicating that when the home was built in the 1950's, it
was built within 20 feet of the Winsdale Street right-of-way line similar to
other homes in the area. The proposal is to build a deck off the rear of the
house that is conforming.
MOVED by Smith, seconded by Johnson and motion carried unanimously to approve
the petition for a waiver of Section 11.21, Subd. 7(A) for 15 feet off the
required 35 foot setback from Winsdale Street. It was noted by the BZA that
the City may have granted a "blanket" approval in the past for this setback
from Winsdale Street. Without this variance, reasonable expansion of the house
is not possible.
6012 Wayzata Boulevard (94-7-27)
Christianson and Torgerson Partnership
Request:
Waiver of Section 11.36, Subd. 5 which states that no building or
structure, other than water tanks, water towers, essential service
communication structures not exceeding 120 feet in height and
lighting fixtures, shall be erected to exceed a height of forty-
five (45) feet in the Industrial Zoning District. The proposal is
to build a clock tower on the hotel that is 54 feet, therefore, a
height waiver of 9 feet is requested.
I
Pu rpose:
To construct a Holiday Inn Express hotel which has a tower that
exceeds the 45 foot height restriction.
The petition was in order and consent obtained from adjacent property owners.
The architect for the hotel was present to answer questions. No others
interested in this matter were present. Staff Liaison Mark Grimes gave a brief
staff report indicating that the developers of the Holiday Inn Express want to
build a three-story hotel with a clock tower; only the clock tower exceeds the
45 foot height requirement for the Industrial Zoning District. The architect
explained that the clock tower is a requirement of the Holiday Inn corporate
offices and that it adds interest to the building.
MOVED by Polachek, seconded by Johnson and motion carried unanimously to
approve the petition for a waiver from Section 11.36, Subd. 5 to allow the
clock tower on the hotel to be 54 feet in height. This exceeds the height
maximum of 45 feet. The BZA noted the need for additional height in order that
the building may be seen from 1-394. In this location 1-394 has been
depressed.
5740 Wayzata Blvd. (94-7-28)
Treasure Island Inc.
Prudential Realty Group (Owner)
Request: Waiver of Section 11.35, Subd. 6 (A and B) to allow the building to
have a total of 52 parking spaces rather than the required 56.
I
Purpose: To allow the building to be used as an office/warehouse along with
temporary retail sales.
1340
Minutes of the Board of Zoning Appeals
July 12, 1994
Page Six
The petition was in order and consent obtained from adjacent property owners.
The owners of Treasure Island and their architect were present to answer any
questions. No other persons interested in this matter were present. Staff
Liaison, Mark Grimes gave a staff report. He indicated that a variance was
granted in 1978 to this site to allow the building to be used as 90% warehouse/
10% Office. A total of 56 parking spaces were permitted for this building
which was about 80% of the required parking for this 25,000 sq.ft. building.
Treasure Island, a children's furniture store, is requesting to use the building
for a warehouse and office. Treasure Island would also like to hold warehouse
sales 15 days per year if the City Council approves an amendment to the Zoning
Code.
The owners of Treasure Island believe that the parking shown on the site plan
greatly exceeds their needs for warehouse and office. They do not expect to
fill the parking during warehouse sales.
The BZA reviewed the site plan and requested that the parking be reduced four
(4) spaces to eliminate the stacked parking spaces as shown on the current plan
submitted to the BZA. It was the consensus that 52 spaces would be adequate
with the 90% warehouse/l0% office space split.
MOVED by Polachek, seconded by Johnson and motion carried unanimously to approve
waivers of Section 11.35, Subd. 6(A and B) to allow the building at 5740 Wayzata
Blvd. to operate with 90% warehouse space and 10% office space with a total of
52 spaces (code requires 56 spaces).
2509 Parkview Boulevard (94-7-20)
Kurt Larson
Request:
Waiver of Section 11.21, Subd. 12(A) which states that detached
accessory buildings shall be located wholly to the rear of the
house or main building to which it is incidental, 10 feet from the
main building, and five feet from a side property line. The pro-
posed garage is to be built to the side of the existing house,
within four feet of the side property line and within 9.28 feet
from the main house.
Pu rpose:
To build a detached two-car garage.
The petition was in order and consent obtained by adjacent property owners.
Mr. Larson was not in attendance. No others interested in this matter were in
attendance. Staff Liaison, Mark Grimes said that this matter was before the
BZA in June. The BZA asked Mr. Larson to make changes to the plan which would
move the garage back to the same front yard setback as the house. The BZA
noted that this may require variances from the side setback requirement__~Lftye
feet and the distance from the house setback of 10 feet~-..
I
I
Mr. Larson submitted a plan showing the changes requested by the BZA.
MOVED by Smith, seconded by Polachek and motion carried unanimously to approve I
the petition for a waiver to Section 11.21, Subd. 12(A) that requires that
garages be set behind the house, at least 10 feet from the house and at least
five feet from a side property line. The proposed garage will be located to
the side of the house a minimum of 41.44 feet from Parkview Blvd., a minimum Qf
9.28 feet from the main house and a minimum of 4.00 feet from the south (side)
property line.
Minutes of the Board of Zoning Appeals
July 12, 1994
Page Seven
III Other Bus1ness
No other business was presented.
Adjournment
The meeting was adjourned at 8:45 PM.
~:Av JdL;
Mike Sell, Chair
III
III
1341
~
Mark Grimes, Staff Liaison