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01-13-76 BZA Minutes ���' MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS January 13, 1976 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, January 13, 1976 at 7:3Q P.M, at the Golden Valley Civic Center 7800 Golden Valley Road, Golden Valley, Piinnesota. The following Board members were present: Mahlon Swedberg, Chairman LeRoy �nderson Mike Sell Donald Hughes, Planning Commission Representative Mahlon Swedberg, Chairman of the Board, presided and Jim Ingemunson acted as recording secretary. The first orde�° of business was consideration of the minutes of the regular meeting of the Board on December 9, 1975. Mike Sell moved to accept the minutes of the meeting of December 9, 1975 as written and it was seconded by LeRoy Anderson and so carried. The Ghairman then brought the following items of business before the Boar� for consideration. 75-11-33 1315 Louisiana Ave. No. �Ma�15 Residential-Nick Loscheider: The request to build on this lot at an elevation of 875 feet has been re- ferred back to the B.Z.A. from its' appeal to the City Council on December 15, 1975. The Chairman asked Board member, Anderson, to report on the meeting with the City Council concerning this requesC. Mr. Anderson reported that he had attended the meeting and had given the Council a background of the meeting which led to the denial of a variance of the Flood Plain Ordinance for Mr. Loscheider's property at 1315 Louisiana Ave. No. Mr. Anderson explained that the Council discussed this matter for a considerable time Mr. Anderson also noted that it became clear to him from the discussion by the Council and through comments made by Mr. Skare, City Attorney, that it had not been the intent of the Council in adopting the Flood Plain Ord- inance to make it impossible for the Board to grant variances under special conditions. �r. Anderson also explained that if the ordinance did not have some provision for appeal of its literal requirements, the only alternative for a property owner would be a petition in District Court. Mr. Anderson also reported that the Gouncil had requested imput from the staff towards correcting the Flood Plain Ordinance in a way that will make the Board's authority for granting variances more clear. Mr. Anderson also reviewed a letter from Mr. Robert Skare, City Attorney, dated December 17, 1975 for Golden Valley concerning possible revisions of the Flood Plain Ord- inance. Mr. Anderson felt these suggested changes would adequately improve the ordinance in regard to the Board's authority fmr considering variances. Therefore, considerin� the changes that may be forthcomin� in the ordinance ���e..,` Board of Zoning Appeals January 13, 1976 and considering the previous imput from the sta£f and Mr. Loscheider, Mr. Anderson moved to grant the variance of the literal provisions of Ordin- ance �To. 417 to allow construction of a sin�le family residence on Lot l, Block 1, Peterson's Valley View at an elevation of 875 feet. The motion was seconded by Donald Hughes. The board discussed the motion and on a call for the question approved the motion unanimously. 76-1-1 1522 Kaltern Lane (Map 10) Residential Thomas Tinkham: The petition is for the waiver of Section 3.07 (1) for 2.5' off the required frontyard setback distance of 35' to a setback distance of 32.5� from the North property to the exist- ing house only. and for waiver of Section 3.07 (1) for 15' off the required 35' frontyard setback to a distance of 20' between the North property line and the proposed bedroom addition only. The secretary explained that this item had been prepared after the usual cut-off date for the January agenda. The petitioner was present and the requirements of the application had been met. LeRoy Anderson moved to add this item to the agenda and it was seconded by Mike Sell, and so carried. Also present requestin$ the variance was Mr. Nick Lascheider, contractor for the Tinkhams. The Board noted that this was an unusual lot and it was difficult to determine where the front yard might be. r1r. Anderson moved to grant the petition as requested due to the unusual topography of this lot. It was seconded by Mike Sell and carried unani- mously. The final business to come before the Board was consideration of a pro- posed new application form to cover Flood Plain Ordinance petitions. Board members reviewed the proposed application and suggested a number of changes. The Chairman �ave the secretary a copy of the proposed agenda with the changes noted in "red". There being no further business to come before the Board, it was on motion duly seconded, adjourned at $:30 P.M. , Mah�, n wedberg, Chai an : a es In�emu on, Secretary