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01-28-97 BZA Minutes 1.482 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals January 28, 1997 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, January 28,1997, in the Golden Valley City Hall, Council Conference Room, 7800 Golden Valley Road, Golden Valley, MN. Chair Herb Polachek called the meeting to order at 7pm. Those present were: Chair Herb Polachek; Members Mike Sell and Robert Shaffer, Alternate Linda McCracken-Hunt and Planning Commission Representative Paula Pentel. Also present were Staff Liaison Mark Grimes and Recording Secretary Eve Lomaistro. I. Approval of Minutes - December 17, 1996 MOVED by McCracken-Hunt, seconded by Pentel, and motion carried unanimously to approve the minutes of December 17, 1996, as submitted. Pentel suggested that only the last names be used in the minutes after that person has been named the first time. \ II. The Petitions are -- 1414 Tyrol Trail South (97-1-1) James and Martha Abbott Ladner Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 7 feet off the required 35 feet to a distance of 28 feet for the proposed addition; and Waiver of Section 11.21, Subd. 7(B) Rear Yard Setback -- 8.8 feet off the required 38.8 feet to a distance of 30 feet. Purpose: To allow for the construction of an addition onto the front and east side of the house. Staff Liaison Mark Grimes stated that this is a unique lot. The front of the lot faces west; the back faces east and requires a 20% setback. Staff determined the rear setback by running a straight line from the property line on Alpine Pass through the center of the house. This was done because of the odd shape of the lot. He added that the building will remain in character with the neighborhood. I I I I I I Minutes of the Board of Zoning Appeals January 28, 1997 Page 2 l.t183 Owner, James Ladner, was in attendance and explained that he wants to add on to the house and retain the cottage look which is in keeping with the neighborhood. There ' are no houses on either immediate side of the lot. He introduced Bob Provost, a neighbor who lives across the street, who said that he would be delighted to see the Ladners enlarge the house and stay in the neighborhood. Since the Ladners are expecting twins, they need a larger home. He added that the plan is acceptable to him and to the other neighbors. Staff Liaison Grimes asked if the plan was finalized and would the requested 7 foot variance be maintained. Mr. Ladner answered that they are still working with the interior plans and may need to make slight adjustments to the site plan but would maintain the approved distance of 28 feet to the property line. Mr. Ladner added that he originally thought that the rear setback was 6 feet but the City calculated it at 8' 8" and they will stick to that to be on the safe side. Member Shaffer commented that the plan looks nice and fits in well with the surrounding neighborhood. Member McCracken-Hunt remarked that she appreciates looking at the finished whole. The plan goes well with this uniquely dimensioned lot. MOVED by Sell, seconded by Pentel, and motion passed unanimously to approve a waiver from Section 11.21, Subd. 7(A) Front Yard Setback for 7 feet off the required 35 feet to a distance of 28 feet for upgrading to the front of the house; and a waiver from Section 11.21, Subd. 7(B) Rear Yard Setback for 8.8 feet off the required 38.8 feet to a distance of 30 feet on the east side of the house. These variances would allow for construction onto the front of the house and an addition on to the east side of the house. 9315 Medicine Lake Road (97-1-2) McDonald's Corporation Request: Waiver of Section 11.30, Subd. 6(E) Parking Requirements for a Class \I Restaurant -- 55 parking spaces off the required 148 parking spaces for a total of 93 proposed spaces. Purpose: To allow McDonald's to operate a Class \I Restaurant in the Commercial Zoning District with less parking than required. Staff Liaison Mark Grimes provided the following history: McDonald's Corporation appeared before the Board of Zoning Appeals on August 27, 1996, requesting several variances (front setback, parking, and more than one principal structure on a lot) from City Code. The BZA denied the request at that time as did the Planning Commission 1..184 Minutes of the Board of Zoning Appeals JanuarY 28, 1997 Page 3 denietl McDonald's request for a CUP to operate a Class II Restaurant. McDonald's I appealed to the City Council which heard the appeal at the same time the Conditional . Use Permit (CUP) was considered for the operation of a new Class II Restaurant (fast- food). The City Council denied the CUP and upheld the decision of the BZA. Staff liaison Grimes told the Board that McDonald's has now appeared before the Planning Commission with a revised site plan showing that the existing building would be demolished and the new restaurant constructed on approximately the same spot which meets setback requirements. Both the Planning Commission, and City staff, feel that the revised plan is an improvement over the original plan. The variance required at this time is for the number of parking spaces. The site plan shows a building of 5,200 sq. ft. City Code requires that a Class II Restaurant provide at least one (1) parking space for each 35 sq. ft. of gross floor area, or one (1) parking space for each three seats based on maximum design capacity, whichever is greater. In the summer of 1996, SRF Consulting Group produced a parking study for the City of Golden Valley which showed that a McDonald's restaurant with 4,800 sq. ft. would need 88 parking spaces at peak demand. SRF determined that peak demand would be a Friday lunch hour. McDonald's believes that 93 parking spaces should adequately meet the needs of its customers on this site. The addition of a playland will not substantially increase the parking needs. Jerry Roper, Construction Project Manager for McDonald's, along with Dan Borders, Operations Consultant with McDonald's, showed a drawing of the site and indicated that the sidewalks will remain. In addition, all parking stalls will meet the size requirement. I Chair Polachek asked if the 4,800 sq.ft. includes storage space; Mr. Roper answered yes. Mr. Roper continued by saying that the building is actually 3,300 sq. ft. of seating space and 1,500 sq. ft. of storage, kitchen, etc. Member Sell asked how many employees are working during peak time. Diane Gau, McDonald's Restaurant Manager, stated 15 to 17. Sell asked which is busier, summer or winter. Gau answered summer, April through November. Sell stated that during a snowy winter snow may need to be hauled away. Mr. Borders stated that they have already hauled some snow this winter. Member Shaffer asked if the parking study included employees. Mr. Roper answered yes. Ms. Gau added that the study was done in the summer and that many employees uve nearby and do not need to drive to work. Mr. Borders estimated that seven to eight employees drive to work. I I I I Minutes of the Board of Zoning Appeals January 28, 1997 Page 4 1485 Member Sell stated that the Board must look at the maximum needs; a year from now more employees may drive to work. Member Linda McCracken-Hunt added the Board must also look at the long term. Mr. Roper reminded the Board that McDonald's has been in that location for 20 years. Planning Commission Representative Pentel said that she is pleased that the setbacks and sidewalks were maintained as this will be a large structure. She is confident that a parking shortage will occur only on a rare occasion. Staff Liaison Grimes said that the City tries to walk a narrow line of having enough parking space without having too much. The City would rather have parking lots be 95% full than half empty. He added that perhaps the City should look at the parking codes for fast food restaurants again. Member McCracken-Hunt suggested that a drive-through makes a difference and drive- throughs were not in existence when the City's codes were designed. Drive-throughs could account for 60% of a fast food restaurant's traffic. Member Sell said that he is surprised that at the McDonald's on Winnetka many people park and go in the restaurant for take-out rather than wait in the drive-through line. Mr. Borders said that the Medicine Lake McDonald's has a much better stacking lane than the restaurant on Winnetka, probably 10 cars longer. MOVED by Shaffer, seconded by Sell, and motion carried unanimously to approve waiver of Section 11.30, Subd. 6(E) Parking Requirements for 55 parking spaces off the required 148 parking spaces for a total of 93 spaces for the proposed McDonald's Restaurant, with a playland, located at 9315 Medicine Lake Road. 6020 Wayzata Blvd. (97-1-3) Christianson and Torqerson LLP (Holidav Inn express) Request: Waiver of Section 11.36, Subd. 6(C)(3 and 4) Yard Requirements- - 14 feet off the required 20 foot setback and four (4) feet off the required 10 feet of landscaping for the building and parking lot. Purpose: To construct a 26-unit addition onto the north side of the existing Holiday Inn Express. Staff Liaison Grimes explained that the BZA issued two variances prior to the original construction, one for the height of the clock tower, and one for the setback on the west side to allow landscaping on the easement. He noted that the owners had always planned to expand if business went well. The new rooms will be suite style and larger than the existing ones. Along with the 26 rooms, the parking lot would be expanded by 1.,186 Minutes of the Board of Zoning Appeals January 28, 1997 Page 5 28 spaces. Because of the size of the addition and the need for the added parking to I meet parking requirements, the owners are asking for a 14'-foot variance for the building and a 4-foot variance for the added parking spaces which extend in to the required green space. The proposed building and parking areas would come to within 6 feet of the north property line. Staff Liaison Grimes said that the City maintains a utility easement along the north 6 feet of this property. The property to the north of the hotel is a regional storm water holding pond which is owned and maintained by the City. Storm sewer lines will need to be moved in order to properly drain into the pond. The closest building to the north is CyberOptics which is 400 to 500 feet away. Therefore this new addition, to within six feet of the pond property, would have little or no effect on surrounding buildings. Staff Liaison Grimes stated that if the Board approves the waivers there should be a condition that the changes to the storm sewer must first be approved by the City Engineer. Member Shaffer asked if the storm sewers are located in the easement and Grimes answered yes. Grimes is concerned about access to the storm sewers due to their close distance to the proposed building addition. Staff Liaison Grimes added that the parking meets the requirement of one stall per unit I plus one for each 3 to 4 employees. The peak number of employees is 6 in the late morning. Chair Polachek asked Kevin Hanson, JSS Architect who is working on the project, if he had any comments and he answered that Grimes had covered it well. He added that he would be happy to answer questions from the Board. Member Sell asked if the owners are cognizant of moving the storm sewer lines and Hanson answered yes, that they are aware of it. Member McCracken-Hunt stated that the storm sewer lines may not be on Holiday Inn property. Member Shaffer asked how the trash is picked up and if it is backloaded onto a truck. Mr. Hanson answered yes. Shaffer indicated concern about getting to the trash area with the parking wrapped around that area. Hanson answered that they tried to put it in a less obvious location but it would not meet code requirements. Member Sell commented that it seems that it would move in and out easily since the trash is light and contains little food trash. Hanson added that the only food served is a continental breakfast. I 1.487 Minutes of the Board of Zoning Appeals January 28, 1997 Page 6 I Staff Liaison Grimes stated that the Building Board of Review will require the addition to have the same face as the rest of the building. Member Pentel asked if the owners planned to put a clock into the clock tower to which Hanson said no. Member Sell stated that while the Board can't require the owners to put in a clock, it would be nice to have one in the clock tower. Member McCracken-Hunt stated that the corner is awkward but saw no alternative. Staff Liaison Grimes commented that the building was turned to get the best view of the building from 1-394. MOVED by Pentel, seconded by McCracken-Hunt, and motion carried unanimously to approve a waiver from Section 11.36, Subd. 6(C)(3 and 4) Yard Requirements for 14 feet off the required 20 foot setback and four (4) feet off the required 10 feet of landscaping for the building and parking lot to allow for the construction of a 26-unit addition onto the north side of the existing Holiday Inn Express. This motion is contingent on a condition that that the City Engineer must first approve changes to the storm sewer lines. III. Other Business I No other business was presented. IV. Adjournment ~Ia~~he meetingat7:40PY~ Herb Polachek, Chair Mark Grimes, Staff Liaison I