09-22-98 BZA Minutes
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
September 22,1998
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday,
September 22, 1998, in the Council Chambers, 7800 Golden Valley Road, Golden Valley, MN.
Chair Mike Sell called the meeting to order at 7pm.
Those present were: Chair Sell, Members Lang, Swedberg, and Planning Commission
Representative Shaffer. Also present were Staff Liaison Mark Grimes and Recording
Secretary Tammi Hall.
I. Approval of Minutes - August 25, 1998
MOVED by Swedberg, seconded by Lang and motion carried unanimously to approve the
August 25, 1998 minutes as submitted.
II. The Petitions:
2945 Regent Avenue North (Map 4) (98-9-32)
Ronald J. Schmidt
Request:
Waiver from Section 11.21, Subd. 7(B) Rear Yard Setback for 5.7 feet off the
required 23.7 feet to a distance of 18 feet for the proposed garage addition at
its closest point to the rear (west) property line.
Purpose:
To allow for the construction of an 18' x 18' garage addition onto the rear of the
existing garage.
Chair Sell read the requested variances. Ronald and Virginia Schmidt were in attendance.
Staff Liaison Grimes indicated that Mr. Schmidt originally appeared before the BZA in June of
1998 requesting side and rear yard setback variances for a 20' by 25' garage addition. At that
time, the Board requested that Mr. Schmidt take 60-90 days to revise his plans to reduce the
requested variances. Mr. Schmidt has made significant changes to his plans and is now
presenting a plan that will require only a minor rear yard setback and no side yard setback.
Swedberg questioned if the subdivision of Mr. Schmidt's lot had been approved by the City
Council. Staff Liaison Grimes indicated the newly created lot meets city requirements and is
close to the final approval stage. Lang asked where the access to the new garage would be
located. Mr. Schmidt indicated access to the new garage would be through the existing
garage. Swedberg commented that the new design is much smaller than the original
proposal. He questioned how Mr. Schmidt arrived at the dimensions of 18' by 18' for the new
garage. Mr. Schmidt indicated they would have preferred to make the proposed garage at
least one foot deeper but this would have exceeded the city's 1000 sq.ft. requirement of
garage floor space. Swedberg commented that the proposed garage would be very close to
the newly created lot. Mrs. Schmidt commented that it would be better to have the garage
next to the new lot than to have the trailer parked outside. Mr. Schmidt indicated that the
proposed garage intrudes into the rear setback only by 6 feet. Lang asked about the location
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September 22,1998
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of windows in the proposed garage. Mr. Schmidt indicated there would be hexagon windows
on the gabled ends of the structure.
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MOVED by Shaffer, seconded by Swedberg and motion carried unanimously to approve the
requested variance as noted above.
Swedberg commented that he had previously participated on a city task force whose purpose
was to deal with problem areas in residential yards, such as snowmobiles, woodpiles, motor
homes, etc. It was the goal of the task force to encourage these types of things be placed
inside structures. He commended the proponents for going to great expense to place their
trailer within a structure.
7701 Laurel Avenue (Map 18) (98-9-33)
Charles E. Bottemiller
Request:
Waiver from Section 11.21, Subd. 7(A) Front Yard Setback for .8 feet off the
required 35 feet to a distance of 34.2 feet for the existing house, at its closest
point to Laurel Avenue; and 1.6 feet off the required 35 feet to a distance of
33.4 feet for the existing house, at its closest point to Rhode Island Avenue.
Purpose:
To allow for the construction of a 14' x 18' conforming deck onto the rear (south
side) of the house.
Chair Sell read the requested variances. Charles Bottemiller was in attendance. Shaffer
commented this item should be viewed as an administrative matter considering the size of the
variance.
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MOVED by Shaffer, seconded by Lang and motion carried unanimously to approve the
requested variances as noted above.
1530 St. Croix Circle (Map 6) (98-9-34)
Rick and Sheryl Erickson
Chair Sell indicated this item has been pulled from the agenda due to the lack of the applicant
supplying a survey.
Northeast corner of 1-394 and Colorado Avenue (Map 13) (98-9-35)
Duke Realty Investments. Applicant
Request:
Waiver of Section 11.36, Subd. 6(A) Front Yard Setback for 32 feet off the
required 35 feet to a distance of 3 feet for the lack of green space in the front
setback.
Purpose:
To allow for parking in the front setback for a new office/warehouse building on
the site. .
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Chair Sell read the requested variance. Ed Farr, Ed Farr Architects and and Dave Jellison,
Vice-President and General Manager for the Minneapolis office for Duke Realty Investments
were in attendance. Staff Liaison Grimes noted that this building is part of the overall Golden
Hills Redevelopment. He indicated that Duke plans to build an 86,000 sq.ft. office building.
The property to the north of this site has also been sold to Duke for the construction of a
similar office/warehouse building. The BZA will not be addressing the property to the north
since it is going through the Planned Unit Development process due to some shared parking
arrangements with the CyberOptics building. Grimes said a one-story building is being
proposed which would be bounded on the north by the new extension of Golden Hills Drive,
on the south by the existing Wayzata Frontage Road, on the west by Colorado Avenue and to
the east by the Holiday Inn Express and a drainage pond. The site includes a portion of
vacated Wayzata Frontage Road. The primary access to the site will be from the extension of
Golden Hills Drive west to Colorado Avenue. A new driveway from Golden Hills Drive will also
be built for access to the Holiday Inn Express. Grimes said the hotel would also have access
through the Duke parking lot from Colorado Avenue along the south drive aisle shown on the
site plan. Grimes stated that the variance is large in size; however, it is along 1-394 at a point
where the freeway is bordered by a wall and is considerably lower than the property. He said
the HRA and the developer feel it is more realistic to consider this a side yard setback due to
the fact that it is along the freeway wall. The property owners are complying with the setback
along both Colorado and Golden Hills Drive. The building will have 428 parking spaces,
approximately 100 more than required by city code. The property owners believe addition
parking is needed due to the entire building being used for office space.
Swedberg questioned who would own and maintain the property where the Wayzata Frontage
Road is vacated. Grimes stated that it is now part of the property owned by Duke Realty
Investments. He said MnDOT would have an easement on the Duke property for
maintenance purposes. Swedberg expressed concern that the proposed building would be
surrounded by a sea of asphalt. Grimes responded the building meets the setback
requirements on both Colorado and Golden Hills Drive, which are the most visible areas. He
stated the property owner has an excellent track record for developing well-designed projects
with good landscaping. Shaffer questioned whether the access to the Holiday Inn Express,
through the Duke parking lot, is allowed in city code. Grimes stated that city code requires
frontage on a public street. The Holiday Inn will have access on Golden Hills Drive. They will
also have a permanent easement through the Duke parking lot. Grimes said the city attorney
has reviewed and approved the plan. Shaffer questioned whether drivers would use this
parking lot as a short cut. Grimes responded the frontage road system is designed for smooth
traffic flow and it will probably not be a short cut to go through this parking area. Swedberg
commented that the parking area for the building extends into the easement that will be used
by MnDOT. Grimes stated that the parking lot boundary is 5 feet from the freeway wall and
the MnDOT easement is the first 2 or 3 feet next to the wall. Swedberg requested the
architect for Duke explain the necessity of the variance for this building. Jellison responded
that there is no additional loss of green space from current conditions under the proposed
plan, because the space is currently occupied by the road. He added they have tried to place
the green space where it would be most visible and appreciated. Jellison noted that on the
west side there is 50 feet of lawn between the building and the parking lot. Farr indicated the
landscaping would be similar to the landscaping on the CyberOptics site. Lang expressed his
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September 22, 1998
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concern regarding the Holiday Inn access through the Duke parking lot and suggested some
speed bumps may be helpful. Sell commented that the decision to add speed bumps should
be the left to the owners. Farr commented they have added speed bumps on the CyberOptics
site because it was believed to be necessary, but they prefer not to use them because
building occupants generally do not like speed bumps. He added speed bumps make
maintenance, such as snow plowing, more difficult.
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MOVED by Swedberg, seconded by Shaffer and motion carried unanimously to approve the
requested variance as noted above.
800 Boone Avenue North (Map 21) (98-9-36)
800 Boone Avenue LLC. Applicant
Request:
Waiver of Section 11.35, Subd. 7(C)(3) Side and Rear Yard Setback for 1.7
feet off the required 20 feet to a distance of 18.3 feet for the existing building at
its closest point to the north (side) property line.
Waiver of Section 11.35, Subd. 7(C)(4) Side and Rear Yard Setback for 8.5
feet off the required 10 feet to a distance of 1.5 feet for the lack of green space
along the south property line.
Waiver of Section 11.70, Subd. 7(C) Off-Street Parking and Loading
Requirements - Design Standards for a temporary variance that would permit .
the owner to construct concrete curb and gutter at a time when the parking lot
and/or driveway is repaired or resurfaced.
Purpose:
To allow for the construction of a 24' x 24' conforming loading dock to the rear
of the existing building.
Chair Sell read the requested variances. Paul Meyer, architect for the 800 Boone Avenue
LLC was in attendance.
Staff Liaison Grimes explained that the temporary variance, for the lack of concrete curb and
gutter, would allow the parking lot to remain in its current condition until the driveway/parking
lot is redone or substantially repaired. He said at that time, the property owner would be
required to add concrete curb and gutter in compliance with city code. Grimes also indicated
the loading dock addition is conforming. He said the variances are required for several
existing conditions. Grimes said the existing trash enclosure should also be required to have
a gate. Grimes explained that Jewelmont, the present occupant and owner, has sold the
building to the 800 Boone Avenue LLC, and now they would be renting half of the building
from the new owner. He said 800 Boone Avenue LLC will occupy the other half of the building
and they are requesting the proposed loading dock. There was brief discussion among the
Board regarding temporary variances. Grimes indicated that staff feels the variance should be
temporary in nature in order to allow the owners to add concrete curb and gutter at a time
when the parking lot is upgraded.
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September 22, 1998
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MOVED by Swedberg, seconded by Lang and motion carried unanimously to approve the
variances as noted above with the condition that curb and gutter be added to the parking lot,
as required by city code, at such time when the driveway/parking needs repair, and that a gate
be placed on the existing trash enclosure.
401 Meadow Lane North (Map 8) (98-9-37)
Robert D. Lana
Request:
Waiver from Section 11.21, Subd. 7(A) Front Yard Setback for 8 feet off the
required 35 feet to a distance of 27 feet for the proposed living
addition/attached garage at its closest point to Meadow Lane.
Waiver from Section 11.21, Subd. 7(C)(2) Side Yard Setback for .18 feet off the
required 11.85 feet to a distance of 11.67 feet for the existing deck at its closest
point to the west property line.
Purpose:
To allow for the construction of an 18' x 12' living addition and 23' x 32'
attached tuck-under garage with living space above it onto the existing house.
The existing garage would be demolished.
Chair Sell read the requested variances. Because Board Member Lang is the petitioner in this
case, he stepped down from the Board to become a private citizen presenting his case. Staff
Liaison Grimes reported that past variances for the setback from Meadow Lane and Beverly
for the existing house had been recorded incorrectly in the minutes. The current variance
request is for a proposed addition. A variance of .18 feet is also required for an existing deck.
Swedberg questioned how Lang arrived at the dimensions for the addition. Lang indicated the
32-foot width accommodates a three-car garage. He added that he has stayed within the
variance that was obtained for the original garage in 1959.
MOVED by Swedberg, seconded by Shaffer and motion carried unanimously to approve the
requested variances as noted above due to the unusual topography of the lot and because the
variance is two feet less than the original variance granted in 1959.
III. Other Business
No other business was addressed.
IV. Adjournment
Chair Sell adjourned the meeting at 8:25 p.m.
rn:1.u -idL-
Mike Sell, Chair
Mark Grimes, Staff Liaison