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11-25-91 PC Agenda � GOLDEN VALLEY PLANNING COMMISSION Regular Meeting GOLDEN VALLEY CITY HALL Council Chamber, 7800 Golden Valley Road Golden Valley, Minnesota November 25, 1991 7:OOp.m. AGENDA I . APPROVAL OF MINUTES - October 28, 1991 II. INFORMAL PUBLIC HEARING - MINOR SUBDIVISION APPLICANT: Phillip and Wanda Smith • ADDRESS: 717 Westwood Dr. So. , Golden Valley, Minnesota , REQUEST: To consider a minor subdivision to re-subdivide Lots 9 and 10 and the south 50 feet of Lot 11 into two single family lots where a new home will be constructed on Lot 9 III. REPORTS ON MEETINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY, CITY COUNCIL AND BOARD OF ZONING APPEALS IV. OTHER BUSINESS V. ADJOURNMENT � . MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION � October 28, 1991 A regular meeting of the Planning Commission was held at the Golden Valley City Hall , Council Chamber, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to order by Chair McAleese at 7:03p.m. Those present were: Groger, Johnson, Kapsner, McAleese, McCracken-Hunt and Prazak; absent was Lewis. Also present were Mark Grimes, Director of Planning and Development; Beth Knoblauch, City Planner and Mary Dold, Secretary. I. Approval of Minutes - September 23, 1991 MOVED by Kapsner, seconded McCracken-Hunt and motion carried unanimously to approve the September 23, 1991 as submitted. II. Informal Public Hearin - Amendment to Conditional Use Permit No.51-01 Applicant: Laurence F. LeJeune (Carousel Automobiles) Address: 8989 Wayzata Blvd. , Golden Valley, Minnesota Request: Amend CUP 51-01 to allow for the construction of an addi- tion of 1,500 sq.ft. to the west side of the existing � building Chair McAleese asked staff to give a brief summary of the proposed change. Beth Knoblauch, City Planner, stated a CUP was approved for Carousel Automobiles last Spring for an addition of office space and a customer service area. The soil around the building was found to be in poor condition and would be quite expen- sive to remedy. The applicant is requesting an amendment to the CUP for an office addition only to the west side of the existing building. On-site parking is more than adequate for this addition which is smaller than the one proposed by the original CUP. Staff recommendations on this amended CUP are similar to the recommendations made on the original CUP. Jon Hansen, representing LeJeune Investments; came before the Commissioners to answer questions. Commissioner Prazak asked what plans LeJeune had for the new addition. Mr. Hansen commented that LeJeune Investments would be moving into this space from their present offices in downtown Minneapolis. There would be two restrooms in the addition. Commissioner Groger asked about the soil testing. Mr. Hansen commented that the building sits on a peat bog and constructing pilings to put a one-story addition on would be less costly than a two-story addition as approved by the original CUP. Chair McAleese opened the informal public hearing. Hearing no one Chair McAleese closed the informal public hearing. � MOVED by Kapsner, seconded by Johnson and motion carried unanimously to recommend approval to the City Council to amend Conditional Use Permit 51-01 to allow for the construction of an addition of 1,500 sq.ft. to the west side of the existing building and to acknowledge staff's Factors of Consideration and Recommendations. J Minutes of the Golden Valley Planning Commission October 28, 1991 Page Two III. Informal Public Hearing - Planned Unit Development No. 60 • Applicant: Affordable Suburban Apartment Partnership (ASAP)/Housing and Redevelopment Authority (HRA) of Golden Valley Address: Former Ewald Dairy Site (Xerxes and Golden Valley Road) Request: Consider a request for a Planned Unit Development (PUD) to allow for a 10 unit rentl townhome development to be constructed on the former Ewald Dairy site Chair McAleese asked staff to give a summary of the request for a PUD. Mark Grimes, Director of Planning and Development commented that the reason for the co-application between the ASAP and the Golden Valley HRA is because the HRA is owner of the property which was purchased from Ewald Dairy in the early 1980's. The HRA has conditionally designated ASAP as developer of the site. The proposal by ASAP i s to bui 1 d 10 rental townhome uni ts on the site which i s about 1.08 acres in size. These would be rental townhomes for at least the first 15 years of the project's life. The income limitations are for families with a 50� of the median income of the Metropolitan area. At this point in time that figure is around $25,000 for a family of four. The property is currently zoned residential and is made up of six single family lots that vary in size. The property i s desi gnated on the Comprehensi ve P1 an for si ngl e fami ly/1 ow densi ty uses. The construction of this project would not change the overall character• since the area is fairly low density. Mr. Grimes reviewed his memo with the Commissioners. He talked about prior development plans by Monson/Ueland Architects. The plan was accepted by the HRA in the early 1980's. It was Mr. Grimes understanding that a neighborhood group met with Monson/Ueland and did come to some kind of agreement on the 10 townhome units that would be built on the site. The pro�ect was not built due to the ina- bility of Monson/Ueland and the HRA to reach agreement. Mr. Schatzlein came to the City several years ago looking for sites where he could develop affordable, large-family units. Last year, the HRA designated Mr. Schatzlein as conditional developer by resolution with several conditions. The conditional agreement between the HRA and Schatzlein is that the HRA would donate the land and utility work on the site in order to make the development feasible. Further cormnents by Mr. Grimes were as fol l ows: Density. This is typical townhome density when looking at a little less than 10 units an acre. The Housing Finance Agency, who has these kinds of units throughout the State of Minnesota, has told Mr. Schatzlein they are looking at approximately 2.3 children per unit -- that would be a little over four to five people per unit -- or about 45 - 50 people on the site. Traffic. The City Engineer estimates anywhere from 7 to 10 trips per unit, pew day would be generated from this development. There is good access off of Xerxes Avenue so stacking should not be a problem at the intersection of Xerxes and� Golden Valley Road. . Minutes of the Golden Valley Planning Commission October 28, 1991 Page Three � Parking. Mr. Schatzlein revised his original parking plan adding one additional space to each unit. Three parking spaces should be adequate for visitor and resident parking. The Minnesota Housing Finance Agency (MHFA) who will provide long term financing for the townhomes, also believes that three spaces per unit is more than adequate. Landscaping. At this time a final landscaping plan is not required. The prelim- inary site plan shows landscaping emphasized on the west, east and north sides of the si te. The staff woul d 1 i ke to see more on the west end ad3acent to the single family homes. Also, the south and north ends could use some additional landscaping. Grading. The plan is to have the site graded so most of the water drains on to Xerxes Avenue. Any plan must be reviewed and approved by the City Engineer. Retaining walls along the west and north property lines look as though they are not necessary. It will be looked at further when plans are more fully developed to see if a retaining wall is needed. Utilities. Utilities for the site will have to be extended up Golden Valley Road to the east and this would be a cost the HRA would bear. Environmental . A 10,000 gallon fuel tank has been removed from the site and a Phase I environmental study had been done. Findings have shown that no further oenvironmental problems are anticipated on the site. Playground Fencing. Staff suggests fencing for the playground along Golden Valley Road. Maintenance of Buildings. It is the intention of ASAP to be the ones to maintain these units. The Housing Finance Agency requires a large reserve fund set aside for maintenance. Setbacks. The City tries to have all applicants meet setback requirements which is 35 feet from streets and a rear yard setback of 20q of lot depth. As shown on the plan, both the north and south buildings are less than the 35 foot setback. The Housing Task Force study calls for the City to look for different types of housing opportunities for lower and moderate income families. This is an oppor- tunity for the City to get involved with and encourage this kind of development. Recommendation of staff is to approve this development request with several con- ditions: 1) Parking be increased, 2) tot lot area be fenced, 3) the landscape plan be presented emphasizing landscape material along the west, south and north property line and 4) the final grading plan be approved by the City Engineer. Commissioner McCracken-Hunt asked about the period of time these units will remain rental . Mr. Grimes commented because Federal Tax Credits will help finance this project, rental units have to remain affordable for 15 years. • Bill Schatzlein introduced his partner, Barb Barry and their architect, Wilt Berger. Mr. Schatzlein talked about the timing of the project, the request for additional parking spaces from staff, management of the units and why they are a non-profit organization. He reviewed the revised parking plan and the building plan. Minutes of the Golden Ualley Planning Commission October 28, 1991 Page Four � Commissioner McCracken-Hunt asked Mr. Schatzlein about day-to-day management. Mr. Schatzlein cormnented that a person would live on site who would take care of day-to-day operations. Someone would be hired for yard work and snow removal and h1r. Schatzlein would be on-site two or three days a week. There is a budget set aside, which is reviewed by the Minnesota Housing Finance Agency, to make sure maintenance and improvements can be done. Commissioner Groger asked how tenants would be obtained. Mr. Schatzlein com- mented that ASAP would go through the normal channels of advertising. Commissioner McCracken-Hunt asked if any of the units were designed to be accessible. Mr. Schatzlein commented that none of these units are handicapped accessible because stairs are needed to access both levels of the unitsm Commissioner Groger stated his concern about the drainage to the west. Mra Berger commented drainage to the west of the proposed building, where sodded, would drain naturally as it does now. Slopes would be retained as much as possible. All surface areas would drain naturally through the driveway to Xerxes. Commissioner Johnson asked if ASAP managed any other affordable housing proper- ties. Mr. Schatzlein commented that he manages a six-unit townhome at 140-150 6th Ave. NE. Chair McAleese opened the informal public hearing. • Wayne Detuncq, 1830 Glenwood Pkwy. , commented about the history of his neighbor- hood. There is an absentee landlord to the rear of his home and does not want renters in his neighborhood. He feels there is a resurgence of the neighborhood. He was on original committee working with staff to design the Ewald site. The committee never envisioned low income housing but two or three single family dwellings. Mr. Detuncq's point is having low income people on a high density area would not work. Does not want an absentee landlord. Steve Erickson, 1812 York Avenue No., feels this proposal does not fit on this site. Talked about the fill on the site and it not being clean. He is concerned about children riding bikes on the streets and about runoff on the proposed site. Feels the neighborhood is going back to single family residential and this is the way the area wants it. He feels present staff has not worked with the neighbor- hood and has changed what was originally planned for the area. Earline Estes, 1645 Xerxes Ave. Noo , represents a block club on Xerxes Avenue. The club wants to know what dollar figure means affordable housing and if an environmental study for pollution has been done. Ner group is concerned with traffic on Xerxes Avenue, drainage and flooding at the bottom of the hill . They want to know what happens to the property after 15 years and who is going to manage and be responsible for this site. Robin Bednarz, 1926 Glenwood Pkwy. , believes that this neighborhood is in a buffer zone. Many residents have put a lot of money into homes and have a � vested interest in staying in the neighborhood. She feels the neighborhood has been ignored by the City of Golden Valley and the City does not know what is Minutes of the Golden Valley Planning Commission October 28, 1991 Page Five � happening in the area. Neighbors do not want rental property. She feels the maximum number of persons per unit suggested by ASAP will be violated and is concerned with the tot lot. Some residents feel this is a done deal . Mary Snyder, 3026 Golden Valley Road, worries about children playing in the streets. She questions whether there is not a better use for this area. Chair McAleese commented on a few questions from the public. Concerning staff not working with residents this time around on the new project, Chair McAleese commented that this situation is different. The developer came to the City with a proposal rather than the City soliciting a proposal . Some one was concerned about this project being a done deal -- Chair McAleese stated that the Commissioners have not talked among themselves on this proposal and it is not a done deal . The applicant, Mr. Schatzlein responded to the following questions. Absentee landlord. Someone would be living on the site to manage the day-to-day operation an to answer questions from neighbors. Mr. Schatzlein will be on site several times a week. The MHFA will come out to inspect the property f rom ti me to ti me. What is affordable housing. Rents are controlled. Tenant must be able to a or a certain percentage of his/her income (i.e. 30�) in order to rent. � These units will be rented to people who do not exceed the 50� median income limit which is $25,000 for a family of four. The rent will be approximately $600/mo. plus utilities. Turnover of ownershi of ro erty. The developer signs a development agreement wit t e ity an t ere ore t e property would revert to the City if the project was not built. The MHFA has first mortgage on the property and would find a new manager after completion. The MHFA checks each developer out just like a bank checks out a prospective home buyer to make sure they can afford the project financially. What haPpens to the property after 15 years. These units could continue as ren- ta��ing at mar et rate o rent or could be converted to sale units. Mr. Grimes commented this proposal is for a Planned Unit Development (PUD). The property is not platted for owner sale but a subdivision could be done for con- dominium sale. The owner would have to come before the City for any changes to the PUD Permit. Chair McAleese asked Mr. Grimes for comments on the following: Concern for density on the roperty. The neighborhood is single family, about t ree units per acre. rom a town ome perspective, he doesn't think 10 units per acre is that out of the ordinary for this kind of development. This is the same density as approved by the HRA in 1982 only those were for owner occupied units. He feels there is not a significant difference between plans previously � presented and the plans presented tonight. Drainage. Mr. Grimes stated that the development cannot create any new drainage onto the existing properties. Minutes of the Golden Valley Planning Commission October 28, 1991 Page Six � Fire hydrants. This plan will be reviewed with the Fire P�arshal . If necessary, ir�'—e hy�rants will be added. Pollution Study. A Phase I study was done and no pollution was found on the site t at wou warrant additional testing. Excavation. Mr. Schatzlein will have to do soil borings before building and wiTT�e reviewed at that time. Ne would like assurance that there is a project before he starts soil work due to high costs. Traffic. There will be approximately 7 to 10 trips per unit per day. The City ng�ineer does not feel this will have a significant impact on the local street system. Why is project ro osed for this site. This land was purchased with Federal CDBG monies to promote re eve opment an housing projects and felt this kind of pro- ject would be consistent with the kinds of things the federal government said they want to see developed. There are very few areas in Golden Valley available for housing development. Park land for housing. Residents have very strong views on using park land for ot er in s o eve opment. Mr. Grimes doubts that the City Council would ever reduce the amount of parkland in the City. David Astin, 1832 York Avenue No. , talked about the neighbors keeping the area� up and that it is a culturally diverse neighborhood. He feels that problems in the neighborhood are caused by renters and absentee landlords. He does not want the City to put more of a burden on his neighborhood by putting in rental property. Allen Chamberlain, 1922 Glenwood Ave. , asked Golden Valley police the best way to control crime. They commented, the number one thing is to have no renter occu- pied housing in the neighborhood and people in the neighborhood should have a stake in their property. Jay Galfus, 1814 York Avenue Pdo. , commented that he came to Golden Valley because it was a quiet, residential area and this proposal would change this situation. Rochelle Becker, 1922 Xerxes Ave. , Minneapolis, moved into this neighborhood because it was a single family residential area and she wants to keep the area to remain single family. Tina Kelly, 1800 York Avenue No. , talked about the rental property near her residence and being bothered by summer time parties. She said because of all the cars parked there it is difficult to get in and out because York is a narrow street. John Fitze, 1828 York Avenue No. , wanted to know how short the setback would be� on the development and who will be around to control the number of cars parked at each development. He is also concerned about the number of children per unit in this development. He would be in favor of having "Habitat for Humanity" or another organization like this to put homes on this site. Minutes of the Golden Valley Planning Commission October 28, 1991 Page Seven � Jerry Lindskog, 1717 York Avenue No. , is proud of the neighborhood and is asking that rental units not be put on this property. Bob Monroe, 1831 York Avenue No. , is concerned with the amount of children in the nei ghborhood and no pl ace for them to pl ay. 1�1r. P�lonroe i s al so concerned with drainage and erosion of the sloped area and environmental dumping of oil from cars previously taken placea J�'e�11� S�t Erickson, 1812 York Avenue No. , is concerned about the number of persons in each unit. He feels this development would not be progress in their area and the neighborhood would like 'to see something else on this land. Robin Bednarz, 1926 Glenwood Pkwy. , believes this is an "ify" spot because of the difficulty in finding developers. She would like to see this site developed with government money and not gamble with taxpayer money. J ohn Fitze, 1828 York Avenue No. , commented to Mr. Schatzlein's statement that he would be on the site three or four times a week and neighbors would be watching the development for any problems. Mr. Fitze commented he does not want to monitor this neighborhood and worries about property values going down. Chair McAleese asked staff and the applicants to respond to previous questions. Setbacks. Mr. Grimes commented the rear yard setback of a normal multiple a am�'ily�ousing district would be 20� of the lot depth. This site plan, which is not in a multiple family housing district, shows the setback to be 15 to 20 feet which is less than the required 20�. This is a P.U.D. request so variances can be made without going to the BZA. The P.U.D. ordinance states that there can be give and takes in order for the City to benefit by providing the kind of housing noted in the "Housing Plan". How are�p arking re uirements developed. There is normally a parking requirement o�r mu'�i p'l�ami�i ts. i�� new revi sed pl an there are three parki ng spaces per unit as set out in the multiple family housing district. Minimum of two children - maximum of four children. Mr. Schatzlein checked with t e w o commente t at t e average num er o children in a development of this sort was 2.3. From a management standpoint up to four children will be allowed. Environmental roblem. Mark Grimes commented on the pollution across the street stating t is eve opment was prior to the environmental problems the City is encountering today where studies need to be done i .e. Phase I , II and III. The same laws were not in existence when Project for Pride for Living did the home across the street and would not be in the situation they are in. Beth Knobluach, City Planner, commented that a Phase I study will not always find everything and if pollution is found on the site, everything would stop. 4 Rev. Thompson, 1930 Xerxes Avenue No. , feels there are some misquotes about the Federal Regulations on how many children can be in each unit. Minutes of the Golden Valley Planning Commission October 28, 1991 Page Eight s Steve Erickson, 1812 York Avenue No. feels there would be more expenses bringing water to the site than the City expects. Chair Prazak closed the informal public meeting. Commissioner McCracken-Hunt agreed conceptually with the fact that the City needs rental housing and needs to provide this option for families. She is bothered by no place for children to play -- would like to see the plan without the middle units and substitute the play area there and is also concerned with the density of the persons on this site. She is against the proposal . Commissioner Prazak is concerned about the developer turning over ownership of property in years to come and to someone who is not as concerned with main- taining the property. He feels this is not a bad proposal but there is too much on too small of a space. He is against the proposal . Commissioner Kapsner is satisfied with the traffic situation, drainage and landscaping. He is concerned with the retaining wall to the west and if one is needed is sure one would be built. He feels that the City has an obligation to provide housing and must continue to look for opportunities to provide such a development as this. He is concerned about the density on this spot and is against the proposal as is. Commissioner Johnson was on the Housing Task Force and commented that the City is looking for low to moderate income housing such as this. She is impressed with • the neighborhood residents and their concerns. She feels the neighbors are not opposed to moderate income in their neighborhood but want someone to have a vested interest in the land because they have spent so much time bettering their own neighborhood. She is against this proposal . Commission Groger feels the site is not attractive as is. He has no ob3ection to rental townhomes but concerned with the drainage situation to the west and ero- sion. He feels there would be too much housing for this one acre site. He is against the proposal . Chair McAleese is opposed to the proposal . He was a member of the Housing Task Force and feels this is the kind of proposal that is needed in Golden Valley. He is concerned with children playing on Golden Valley Road and also feels that this is the wrong neighborhood for rental housing. This proposal would change the character of the neighborhood. He feels the density of this development is too high for the site. MOVED by McCracken-Hunt, seconded by Prazak and motion carried unanimously to recommend to the City Council denial of the request a for Planned Unit Develop- ment to allow for a 10 unit rental townhome development on the former Ewald Dairy site. IV. Re orts on meetings of the Housing and Redevelo ment Authority, City Counci an Boar o oning ppea s � No reports were given. Minutes of the Golden Valley Planning Commission October 28, 1991 Page Nine • V. Other Business No other business was presented. VI. Adjournment Chair McAleese adjourned the meeting at 9:55p.m. ean ewis, ecretary i ! a MEMORANDUM � DATE: November 21 , 1991 T0: Golden Valley Planning Commissi9on FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: MINOR SUBDIVISION OF LOT 9, 10 AND TNE SOUTH 50 FT. OF 11, BLOCK 13, KENNEDY'S WEST TYROL HILLS (717 WESTWOOD DR. S0.) , PHILLIP AND WANDA SMITH, APPLICANTS Phillip and Wanda Smith have applied for a minor subdivision of their property at 717 Westwood Dr. Soe in order that a new house may be constructed directly to the south of their house. A minor subdivision is required to create two new lots, one for the existing Smith house at 717 Westwood Dr. So. and one for the to-be constructed house. The existing lot configuration cannot be used because the Smith house is setback less than the required 15 ft. from the south line of Lot 10. The staff discussed this situation with Mr. Smith and he agreed that the way to make a buildable site south of the Smith house was to resubdivide the property owned by the Smith family. The resubdivision would give the lot on which the Smith house is located the required setback of 15 ft. from the new lot to the south. The new lot would be approximately 14,400 sq.ft. in area or about � 320 sq.ft. less in area than the existing Lot 9. The minimum lot size is 10,000 sq.ft. This newly created lot is very similar in size to many of the lots in the area. It is larger than the lot directly to the east. Mr. and ��Irs. Smi th have al so appl i ed for a and recei ved an 8.9 ft. rear yard setback variance from the Board of Zoning Appeals (BZA) (see attached BZA minutes). The variance approved by the BZA is to correct an existing noncon- forming condition on the Smith house after the new lots are platted. The rear yard setback variance is necessary because after a new house is built on the lot to the south, the setback east of the Smith house becomes the rear yard setback rather than side yard setback. The required rear yard setback is 20� of lot depth or 32.9 ft. and the existing setback is 24 ft. The Smith's do not plan to add to their house. The variance was necessary in order to permit the sub- division. The Code does not allow a subdivision to occur unless the existing buildings in the new subdivision are conforming or have the necessary variances. The sketch of the minor subdivision illustrates the proposed new subdivision. It also indicates that a house may be constructed on the south lot and meet all setback requirements. Mr. Smith has met with the Director of Inspections, Lloyd Becker, about placing a house on the south lot. This house placement was also seen by the BZA. A representative of the buyer of the south lot will be at the Planning Commis- sion meting to briefly describe the proposed house. Because of the topography of the lot, the Planning Commission may want to discuss with the representative how the house will be built to minimize impact of the adjacent properties. I � have spoken to Mr. Becker about construction on this lot and he feels that a properly designed house and site should not cause problems for the area. The newly created lot will be served by existing City utilities in Westwood Dr. So. Runoff would be directed to the street as it is today. a Smith Minor Subdivision Page 2 • Recommendation The staff recommends approval of the minor subdivision of the subject property. The new lot that is created exceeds the minimum lot size by over 4,000 sq.ft. Also, a house may be placed on the new lot and meet all setback requirements. 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ZS�� y � �- - - _ _ -=-,-zo- �f�� r� 47 � - - � - - - - - - - � r �� '� Q�p'.^d�r0'rit 10�� - •�' ''" � �' � ( en �a Lo-t/� . t � .. � � � a �f�., � . � " I �notes �ron fo� d `'�� ` � � - � �-r �� ' is ' � �0 � � i se.7' �a- � - - � _ LlJ � • ��_c;b/e �dk �;, 0 :�lOt CS i/0/1 Sti- — � !�r�uPway //�� ✓� � ��- - • - - - , ` \ �� 1 -0_ �O � �� \\ �C� -�.S�,S��O9i � O ��'G-,.� I, -� c_ i . �� 0`1� � �2'� O � , \�O ,' �rJ� � � 6 � , �- � ��,'r.�e� �B�c�� S ,' Aa ;�', � � , 11 l � OS ' �.�,��`, , � L�� \ , ,Q�r.�� l� 7�,�:�.�. � � �� ' � g�60 � �Z 8° . �� Le QI Descr � + ; or, /`, �'� 9 P , � �S 9, 10 c�.nd +he South 50 �ee+ � � ��'�� o Io+ Ii , hlocK 13, wes + Tyrol H � Iis, � 1>'_��„ r,"��,,,�s�� Henne.p � n County (`�inne,5ot4 �°L ��Pe,. u , � Sf'rO�j."'CiS,J"`�1.�'{ �( �. �� /�r�`� o-x-�oc��<< Board of Zoning Appeals Page 5 November 12, 1991 � Lin�1a McCracken-Hunt noted her re ent experience in purchasing from the c Gabbert's facilities. It equired truck loading from building to buil as very inconvenient and he could understand and ap� te the logistics temporary link between� the buildings. Mrs. Ga � said the cost for the at this time was around $50,000. An add-i ;� to one of the buildings at time would approx:imate $400,000 tas'{ � ,000 and long term may not fit the all expansion. .�y` � The Board continued a lengt iscussion of tf�� sent conditions and long term potential. Art Flann noted � cation of both buildings which are not very visible, hard t t:..t '� d the link almost non-visible to anyone. Chairman Swedberg said he� d not look favorably on the pro- posed link as there is ample room-.t'" pa either one or both buildings at this time and properties could.:b" ombined. �;... Mrs. Gabbert reiterated t "� fferences in the fi ial status and terms of the buildings and e sized the link is a tempora ituation of three to five year's dura�,= . If for some reason the propert or one property were sold to ot �� , the link would be removed. Her inten 's to work with City staff t_ '� the goals she previously outlined. Discussion ended. Linda ken-Nunt moved to approve th�•�waivers as requested for the link � noting e link is temporary, would be ;removed if owners Ghanged and the buildings would revert to their presey�, status. Second by Art Flannagan and upon vote carried with 4 ayes arrd �ne nay (Swedberg). r 91-11-37 (Map 9) Residential 717 Westwood Drive South Phillip H. and Wanda K. Smith The petition is for waiver of Section: 11.21 Subd. 7 B rear setback, for 8.9 feet off the required 32.9 feet (20% of lot depth) to a distance of 24 feet from the rear lot line to the house at its closest corner as it now exists. The purpose of the petition is to correct an existing non-conforming condition. No construction is proposed. The petition was in order. Consent obtained from all adjacent properties except 641 Westwood Drive. They could not be contacted. Mr. and Mrs. Smith were present. No others were in attendance. Secretary, Lloyd Becker, noted that notices were sent to all adjacent properties including 641 Westwood Drive. Mr. Smith described their present home and property. The existing home sits high on a hill on lot ten of this subdivision. They also own the south 50 feet of adjacent lot 11 . This abuts the north lot � line of lot 10. Board of Zoning Zppeals Page 6 November 12, 1991 � The site also includes all of lot 9, which lies south of lot 10. They have received a proposal from a party to purchase lot 9 from them. A new home is proposed for lot 9. The existing home is 14.6 feet (15 feet required) from the south lot line of lot 10. Mr. Smith is going thru the Planning Commission and City Council to divide off two feet from lot 9 so his home would be conforming for side setbacks after lot 9 is sold. Because of topography, the existing home was set well back on lot 10. The home was built 50 years ago and at that time, with the combination of all the lots as they exist, what is now the rear could have been construed as a side lot line. Mr. Smith said he is before the BZA to insure he does not have a non- conforming condition after the sale of lot 9. ' The Board discussed, in detail, the unusual topography and driveway con- ditions that exist. They also reviewed the location on lot 9 of the pro- posed new home. At the close of discussion, Art Flannagan moved to approve the waiver as reuqested on the agenda. Second by Linda McCracken-Hunt and upon vote carried. There being no further business to come before the Board, it was upon motion, � second, and vote to adjourn at 9:10 P.M. .�--ii%i . i � C �� a on we erg, Chairman � L oyd . Becker, Secretary �