03-24-09 BZA Minutes
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
March 24, 2009
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
March 24, 2009 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Vice
Chair Segelbaum called the meeting to order at 7 pm.
Those present were Members Kisch, Nelson, Segelbaum, and Planning Commission
Representatives McCarty and Waldhauser. Also present were City Planner Joe
Hogeboom and Administrative Assistant Lisa Wittman. Member Sell was absent.
I. Approval of Minutes - December 23, 2008
MOVED by McCarty, seconded by Nelson and motion carried unanimously to approve the
December 23, 2008 minutes as submitted.
II. The Petitions are:
1532 Aquila Ave. N. (09-03-01)
Tim Harris. Applicant
Request: Waiver from Section 11.21, Subd. 19 Driveway Setback
Requirements
. 1 ft. off the required 3 ft. to a distance of 2 ft. at its closest point to
the side yard (south) property line.
Purpose: To allow for the construction of a new driveway.
Hogeboom stated that the applicant is proposing to build a conforming garage to the rear
of the existing home. Currently, there is no garage on this property. He explained that
when the home was originally built the driveway was constructed 2 feet away from the side
yard property line and the applicant would like to follow the same dimensions for the new
part of the driveway leading to the proposed new garage.
Hogeboom noted that there should have also been a variance on this agenda to allow the
applicant to construct a landing area larger than the 25 square feet allowed. The variance
request would be from 11.21, Subd. 11 (A). He referred to a survey of the property and
discussed the applicant's request for a 36 square foot landing and proposed new driveway
location.
Kisch asked about the side yard setback requirement for the deck shown on the survey.
Hogeboom said the setback requirement for the deck is 12.5 feet.
Minutes of the Golden Valley Board of Zoning Appeals
March 24, 2009
Page 2
Nelson asked about the size of the proposed landing. Hogeboom stated that the applicant
is asking for 11 square feet more than allowed so the size of the landing would be 36
square feet.
Waldhauser stated that she got the impression from the staff report that the variance for
the driveway would be temporary. Hogeboom clarified that the variances requested would
be permanent.
Kisch asked if there has been any discussion regarding the grading and drainage on this
property. Hogeboom explained that when the applicant applies for his driveway and
building permits the Public Works Department will review the grading and drainage on this
lot. He added that the applicant would not be allowed to go forward with his proposal if the
drainage doesn't work properly.
Steven Harris, representing the applicant, discussed the change in grade from the front to
the back of the lot. He also clarified that the applicant would like an additional 12 square
feet for the proposed landing area, not 11 square feet as mentioned earlier.
McCarty said the only concern he has with this request is the drainage. Harris stated that
the applicant does have a plan for the drainage issue.
McCarty asked Harris if the existing driveway will remain. Harris said the existing driveway
will remain in the same location but it will be resurfaced.
McCarty asked if the variance would only apply to the new portion of the driveway.
Hogeboom said yes. Kisch asked about the distance of the new portion of the driveway.
Nelson noted that the application states that the new portion is approximately 14 feet in
length.
Segelbaum referred to the survey and questioned the proposed jog in the new driveway.
Harris explained that the jog is being proposed because the applicant is trying to conform
with the 3-foot setback requirement where he can.
Kisch noted that the slope of the lot will affect how long the driveway will be and where it
will need to jog and it could also affect the drainage. Nelson stated that the location of the
proposed garage is also affecting where the driveway is proposed to be located and where
it will have to jog.
McCarty said he would be comfortable allowing the entire length of the driveway to be 2
feet away from the property line to allow some flexibility.
Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment,
Segelbaum closed the public hearing.
Waldhauser said she is fine with the requested variances. She added that she doesn't
understand the Board's concern regarding the jog in the driveway and how that could
Minutes of the Golden Valley Board of Zoning Appeals
March 24, 2009
Page 3
affect the drainage. McCarty reiterated that he would be comfortable allowing the variance
along the entire length of the driveway and letting the applicant decide where it would best
to jog it if he needs to. Kisch agreed.
Segelbaum said he thinks this is a reasonable request and that the proposal won't have a
negative impact to surrounding neighbors.
Segelbaum asked the Board if they have any issues with allowing a larger landing area.
Kisch said he is comfortable with the proposed landing area. McCarty added he is also
fine with the proposed landing given the fact that a landing already exists in approximately
the same area. Nelson agreed and noted that the neighboring property has a similar
situation as what is being proposed by the applicant.
MOVED by Kisch, seconded by Nelson and motion carried unanimously to approve the
following variance requests.
. 1 ft. off the required 3 ft. to a distance of 2 ft. at its closest point to the side yard (south)
property line to allow for the construction of a new driveway.
. 12 sq. ft. more than the allowed 25 sq. ft. for a total of 37 sq. ft. of stairs/landings into
the side yard setback area to allow for the construction of a new landing.
III. Other Business
No other business was discussed.
IV. Adjournment
The meeting was adjourned at 7:25 pm.
~'~L
Chuck Segelba m, Vice ~-
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J ' e Hogeb , Staff Liaison