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07-12-77 BZA Minutes - ;. ,�. �` < � MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS July 12, 1977 The regular meeting of the Golden Valtey Board of Zoning Appeals was held Tuesday, July 12, 1977 at 7:30 P.M. at the Golden Valley Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Walter Kost, Chairman Mahlon Swedberg Robert Wagman Mike Sell Lloyd Becker, Secretary and Staff Liaison Members absent: Glen Christiansen (by prior notice) The first item was the consideration of the minutes of the previous meeting held June 14, 1977, copies of which had been distributed to the Board. Chairman Kost reviewed the minutes with the Board. There being no omissions, errors, or corrections, Mahlon Swedberg moved to approve the minates as written and pre- sented. Robert Wagman seconded the motion. Upon vote it was unanimous to approve. 77-7-25 (Map 10) Residential 4525 Oou las Avenue David G. Sehlin The petition is for the waiver of Section 3•�7 (3) Sideyard Setback. for 4.3' off the required 12.3' side- yard setback to a distance of 8' from the West property line to the proposed garage addition, ar►d for 7.9' off tMe required 35' setback to a distance of 27.1 ' to the proposed garage addition from the front property line. Chairman Kost reviewed this petition and found it in the proper order. Jody Sehlin was present for the meeting. Mrs. Sehlin presented a sketch of the proposed addition and thoroughly reviewed the planning given to the location and the reasons for construction as shown. Of primary consideration was the topography of the lot which prohibited c�nstruction and access to a garage located to the rear. Mahlon Swedberg recalled the past history of the Board and their actions on consideration of waivers of front yard setbacks. Mr. Swedberg noted that the Board had zealously guarded the front setback ordinance and felt there were alternatives to this proposal . Robert Wagman said he recognized the Board' s previous actions, but also felt that where there are no viable alternatives, the Board should consider the request on its individual merits, including the im- provement that may be made to the property both in appearance and in value, the effect on the neighborhood, the benefit derived by the homeowner, and their retention in the community. r� � ,� ,' ., i Board of Zoning Appeals July 12, 1977 page 2 Mike Sell suggested several eonstruction changes that may provide workable alternatives that would remove or reduce the proposed front projection of the addition. The Board re�riewed these with Mrs. Sehlin and it was suggested it may be desirable to have the proponent review these with the architect and return to the Board at a subsequent meeting. Robert Wagman moved to defer this request to the August 1977 meeting to allow the proponent to provide alternatives if possible. Mike Sell seconded this motion, and upon vote it was unanimous to defer. 77-7-26 (Map 11 ) Business � Professional Offices 6155 Duluth Street �r. Arlene Boutin and Dr. Clifford Corman The petition is for the waiver of Section 10.04 to atlow one additional story to be built to provide for a two story building on this site. Chairman Kost found the petition complete and in order. Wilson hlontgomery, Architect of the buitding, was present representing his clients. The Board questioned Mr. Montgomery regarding his reasoning for the requirement of a second story to this building and on how the building would be occupraed and its relative effects on the surrounding properties. Mr. Montgomery stated he had designed the building in cor►�lete accordance with all City Ordinances for parking, green area, etc and that the design for a two story structure was the only viable and productive means of ineeting most of the City 'require— ments and yet achieve a building with suitable and adequate floor space for his client' s needs. Me noted that the building is depressed approximately tv�ro feet and it would be approximately 14" above ground level to the bottom of the first floor windows. It was also noted that the lot drops off at about the center and the building arould be about two feet lower than what the present front terrain appears. Lloyd Becker noted tMat the present sewer service which is available only on Brunswick Avenue limits the depth that any building can be constructed with— out requiring a sewer ejector. This is based on the City Engineering Department' s information. Walter Kost stated that Duluth Street is a main thoroughfare, has other buildings utilizing the same type of occupancy and the area would be compieted with this proposal . Mike Sell called attention to many other office buildings in the cornmunity and most are 1 1�2 to 2 stories in height. He also said the last open lots in many areas require suitable buildings to complete construction in those areas and also ma3r�tain compatibility with tMe surrounding property. Mahlon Swedberg asked Mr. Montgomery to clarify the proposed building elevations and its relation to surrounding structures. Mr. Montgornery noted that it was his professional opinion that the building as designed represents a compatible structure in height with adjacent properties and was designed with this and its individual appearance from street level in mind. � f� f� .-�j � � : Board of Zoning Appeals July 12, 1977 page 3 Robert Wagman moved to approve the request as presented. Mike Sell seconded this motion. Upon vote it was unanimous to approve. 77-7-27 (Map 6) Residential 5125 Golden Valley Road Thomas G. Johnson The petition is for the waiver of Section 3.07 (1 ) for 4.8' off the required 35' front setback to a distance of 30.2' from the front property line to the proposed addition. Mrs. Thomas Johnson was present for the meeting. Chairman Kost reviewed the petition and found it in order. Robert Wagman reviewed the previous action by the Planning Commission on July 11 , 1977 at which time the Planning Comnission approved an adjustment of lot lines on a parcel adjacent to the Johnson property which provided sufficient property so no side lot variance would be required for this proposal . Mrs. Johnson and the Board engaged in a lengthy review of this proposal . Mrs. Johnson noted the prev�ous realignment of Golden Vatley Road and also that the front setback request was required only at the closest corner of the garage. She also noted this proposal had been the result of approximately 1 1�2 years of consultation and cooperation with all neighbors and the result was complete agreement by all . The Board noted the topography of the lot and its unusual location. Mike Sell noted several conditions that affect a decision on this property and they are: 1 ) the street curves along the front property line, 2) the adjacent structures are not in ri gid alignment, and 3) the topography of the lot. Mike Sell moved to grant a waiver of 3.8� off the required 35' front setback to a distance of 31.2' from the front lot line to the proposed structure at its closest point. Mahlon Swedberg seconded the motion, noting he did so to get it off dead center. Chairman Kost called for discussion on the motion. Robert Wagman stated that if the motion ,�or a one-foot reduction in the request was only to insure that a compromise had been reached with the Board, this was unrealistic and either the request should be granted as proposed, require a larger reduction, or deny the request. Mr. Wagman also asked what the effect would be if the structure was adjusted to 22' x 22' . Chairman Kost called for the vote on the motion as made by Mike Sell and upon vote it was to approve the motion as stated with 3 aye votes and 1 nay vote (Mahlon Swedberg opposed). Mike Sell noted the proponent' s efforts in acquiring additional property through the Planning Commission action and the efforts to reduce the waiver request. � � �� ��_,__�; Board of Zoning Appeals July 12, 1977 page 4 77-7-28 (Map 3) Residential 3365 Scott Avenue North Paul A. Burda The petition is for the waiver of Section 3.07 (3) Sideyard Setback. for 10.2' off the required 15° setback to a distance of 4.8� from the East' property line to the proposed �ara.ge addition. Chairman Kost found this petition in order. Paul A. Burda was present for the meeting. Also present were Mr. and Mrs. Gary Smith, 3355 Scott Avenue North, adjacent neighbors rr�st affected by this request, and Mr. Pat Eckelberry, 3368 Scott Avenue North, a neighbor across the street. Mr. Burda explained his proposal . Chairman Kost noted that if this is approved, there would still be approximately 33' separation with the adjacent structure. Both property owners present spoke in favor of Mr. Burda' s proposal . Mahlon Swedberg noted the separation distance remaining if this wer.eapproved and with this in mind co�ld view the proposal favorably. Mahlon Swedberg moved to appro�e the waiver request as presented. Robert Wagman seconded the mc�tion. Upon vote it was unanimous to approve. 77-7-29 (Map 9) Residential 4102 Wayzata Boutevard Lawrence A. Staack The petition is for the waiver of Section 3.07 (3) Sideyard Setback for 10' off the required 15' sideyard setback to a distance of 5' from the West property line to the proposed garage. �awrence Staack was present for the meeting. Also present were Mr. and Mrs. Kenneth Pierson, 4112 Wayzata Boulevard, adjacent neighbors directly affected by this proposal . Chairman Kost found the petition in order. Mr. Staack explained his proposal and his reasons for extending his garage as shown. Mr. Pierson explained that their home is 42' in back of Mr. Staack and they view Mr. Staack' s back storage area directly from their windows, and the lights from Mr. Staack' s vehicles shine directly into their home as the garage is now situated. It was explained this is a mutually satisfactory proposal which will provide Mr. Staack with the garage area he desires and also the privacy desired by the adjacent neighbors. Mr. Pierson spoke in favor of this pro— posal when questioned by Chairman Kost. % � Board of Zoning Appeals July 12, 1977 page 5 The Board noted the differences in elevation between the two properties. Mahton Swedberg noted that this proposal had unusual topography, the adjacent property was located with an unusually large setback, and more privacy arauld be mutually obtained if this proposal were approved. Mike Sell moved to approve the proposal as requested. Mahlon Swedberg seconded the motion and upon vote it was unanimous to approve. 77-7-30 (Map 15) Residentiat 7740 Winsdale Street James W. Halverson The petition is for the waiver of Section 3.07 (1 ) Front Setback for 15' off the required 35' setback on Winsdate Street to a distance of 20' to the proposed garage addition at its closest point from the fro�t property line. (Note: This structure received an 11 ' waiver off the required 35' setback when the home was originally constructed in 19b3•) Chairman Kost reviewed the petition and it was in order. Mr. and Mrs. Halverson were present for the request. Mr. Halverson exptained his desire to add an attached garage and yet set the garage forward suffici— ently to allow a kitchen window to remain for sunlight in that kitchen area. It was explained that Mrs. Halverson has a serious sight handicap. She is emptoyed by Golden Valley Lutheran College in their Public Relations Department and most of her layout work is done at home in the kitchen area where the light is ideal for her visual handicap. The Board noted from staff reports that this home and others in the area had been granted 11 ' front setback waivers to front setback distances of 24' when they were constructed, and this request would be a sizeable intrusion into an already limited setback. Mahlon Swedberg stated that while a handicap exists and preser— vation of the kitchen window may be desirable, occupancy of properties change, but the results of this waiver if approved would be there forever in the front setback. The Board noted there are other alternatives such as artifiei.al lighting in the kitchen, a detached garage could be constructed, or an adjusted design of the proposed attached garage could be made. Mahlon Swedberg moved that, in view of a previous sizeable waiver having been granted and as there are other atternatives of construction, this proposal be denied. Robert Wagman seconded this motion because of viable alter�atives. Upon vote it was unanimous to deny. Mike Sell discussed the merits of a detached garage with the proponent and to insure that if the proponent deci�ed to proceed in this manner he would not have to again appear before the Board, added the foltowing motion. �-� � Board of Zoning Appeals July 12, 1977 page 6 Mike Sell moved that if the proponent decides to build a detached garage in the future, he be granted permission to build within the previous setback waiver of 2�' on Winsdale Street. Robert Wagman seconded this motion. Upon vote it was unanimous to approve the motion as stated. Lloyd 8ecker noted that the present Ordinance requirements do not allow a detached structure to be located forward of the principal structure so the 24' setback arould have to be maintained in any event. Chairman Kost discussed several administrative items with the Board. There being no further business to come before the Board, it was on motion, duly seconded, and upon vote the meeting adjourned at 10:45 P.M. ,��, �}�-� �,. Chairman Walter ost ecordin ecretary Lloyd Becker i