08-23-11 BZA Minutes Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
August 23, 2011
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
August 23, 2011 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Nelson called the meeting to order at 7 pm.
Those present were Members Boudreau-Landis, Maxwell and Nelson, and Planning
Commission Representatives McCarty. Also present were City Planner Joe Hogeboom and
Administrative Assistant Lisa Wittman.
I. Approval of Minutes — July 26, 2011 Regular Meeting
MOVED by Boudreau-Landis, seconded by Maxwell and motion carried unanimously to
approve the July 26, 2011 minutes as submitted.
II. The Petitions are:
236 Janalyn Circle
Joseph & Kathleen Mucha, Applicants
Request: Waiver from Section 11.21, Single Family Zoning District (R-1),
Subd. 12(E) Accessory Structure Requirements
• 392 sq. ft. more than the allowed 1,000 sq. ft. of accessory structure space
Purpose: To allow for the construction of a shed and gazebo
Hogeboom referred to a map of the subject property and explained the request by the
applicants to build a shed/gazebo structure that would put this property 392 square feet
over the 1,000 square foot maximum square footage allowed for accessory structures.
McCarty asked about the age of the house. Joe Mucha, Applicant, said the house was
built in 1952.
Nelson asked if the house has 3 garage stalls. Hogeboom said there are 3 stalls but a
car would not fit in the middle stall.
Mucha showed plans for the proposed structure and several pictures of the property.
He stated that the middle stall portion of the garage space is used for storage because
the house doesn't have a basement.
Lloyd Jafvert, architect for the project, referred to the pictures and explained that the
middle garage door is really a regular door and not a typical roll-up garage door. Nelson
asked about the size of the middle garage stall. Mucha said it is approximately 12 ft. x
22 ft. and that it used to be a regular garage stall before they built the third stall but now
it is storage space and a passageway in order to have access from the garage into the
main living space in the lower level of the house.
Minutes of the Golden Valley Board of Zoning Appeals
August 23, 2011
Page 2
Jafvert stated that approximately 50 to 60 square feet of space is taken up by the
concrete block walls. McCarty asked for clarification regarding the middle garage stall
being storage space or living space. Mucha reiterated that the middle garage stall is
storage space, not living space but includes the access door into the house.
Hogeboom stated that homes with tuck-under garages are at a disadvantage because
there is no basement. Jafvert agreed and stated that the applicant's gardening
equipment takes up most of the storage space they have.
Nelson asked about the size of the proposed new accessory structure. Mucha referred
to the drawings and said the porch area is approximately 11 ft. x 11 ft. the storage area
is approximately 11 ft. x 12.5 ft. and the walkway between them is approximately 4 ft. in
width. Jafvert noted that the proposed structure meets all of the other setback
requirements.
Mucha stated that he feels the pie shape of the property is a hardship because it
doesn't lend itself to constructing a detached garage.
Maxwell asked if the neighboring properties on Westwood Drive would be able to see
the proposed structure. Jafvert said they would be able to see from their back yards.
Maxwell explained that one factor the Board has to consider is if the landowner's
situation is due to circumstances unique to the property that weren't caused by the
landowner. Mucha reiterated that because of the shape of the property he is limited in
what he can put on the property. He asked what would happen if he eliminated the
three garage stalls and came before the Board with a request to build a detached 1,000
square foot garage. He added that the property is also a valley and is very low. Jafvert
added that if they were to build a new detached garage they would also have more hard
surface on their property.
Nelson asked the applicant how long he has lived in this house. Mucha said they've
lived there since 1978.
Boudreau-Landis asked the applicant if he originally used the middle garage stall for a
garage or if it has always been used for storage space. Mucha said they used it as
storage and parked the cars outside until they built the third stall.
Boudreau-Landis asked if there are interior walls between the garage stalls. Mucha said
there is not a wall between the two original garage stalls but there is a wall between the
original garage and the garage addition.
Javfert stated that he didn't think tuck under garage space should be counted toward
the square footage allowed. He thought only attached garage space counted. McCarty
said he considers the three garage stalls to be garage or accessory space even if a car
isn't parked in one of the stalls.
Minutes of the Golden Valley Board of Zoning Appeals
August 23, 2011
Page 3
Javfert stated that the interior space of the garage is approximately 906 square feet,
and even less if the storage space is removed from the calculation. The Board
discussed if they should consider interior dimensions or exterior dimensions.
Hogeboom stated that staff uses exterior dimensions.
Maxwell said he thinks the proposal would blend in nicely and it is very tasteful but he's
not sure if the landowner's situation is due to circumstances unique to the property that
weren't caused by the landowner. Nelson agreed that the proposal is in harmony with
the surrounding area and it doesn't alter the character of the locality but she doesn't
see unique circumstances that weren't caused by the landowner. Boudreau-Landis
agreed.
Mucha asked if he built a wall in the original garage if would still need a variance.
McCarty said if part of the garage were converted to actual living space and not used as
storage or garage space than he may not need a variance to build the proposed
accessory structure. Hogeboom added that the space would also have to be cut-off
from entering through a garage door.
Mucha asked if they could build anything without a variance. Nelson said no, because
they are already over the amount of accessory structure space that the zoning code
allows. Mucha asked how he can address the tuck under garage issue. Hogeboom
explained that the Board's decision can be appealed to the City Council. Mucha said he
would rather see the ordinances change regarding properties with tuck under garages
to not having to count the garage space as accessory structure space.
Maxwell said the word attached could mean adjacent. Nelson stated that in her years of
real estate experience an attached garage includes tuck under garages. McCarty
agreed that a tuck under garage is attached and should be considered when calculating
accessory structure space.
MOVED by McCarty, seconded by Boudreau-Landis and motion carried unanimously to
deny the variance as requested.
III. Other Business
No other business was discussed.
IV. Adjournment
The meeting adjourned at 8:10 pm.
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Nancy J. Nel on, hair Jos ph S. ogeboom, Staff Liaison