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05-12-81 BZA Minutes ��� MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS May 12, 1981 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, May 12, 1981 , at 7:30 P.M. at the Civie Center, 7800 Golden Va11ey Road, Golden Ualley, Minnesota. The following Board members were present: Art Flannagan, Chairman Mahlon Swedberg William Forster Absent by prior arrangement, alen Christiansen and Mike Sell , Alternates were not available for this meeting date due to prior commitments. The first order of business was approval of the minutes of a meeting held April 14, 1981 , copies of which had previously been distributed to the Board, ft was moved by Mahlon Swedberg to approve the minutes of the meeting of April 14, 1981 as written and presented, second by LJi1liam Forster and upor► vote carried. 31-5-14 (Map 19) Residential 2500 Xylon Avenue North Donald Shaffer The Petition is for waiver of Section 3• 12 (1 ) house to garage separation for 7' off the required 20' separation to a distanee of 13' between the proposed deck and the existing garage. Mr. Danald Shaffer was present to explain his petition, The petition was in order and consent obtained from all adjacent propert'ies, Mr. Shaffer described the room addition noti-ng it could not be moved fwrther north on the existing structure beeause it would interfere with the windows of the existing bathroom and bedrooms which are not being changed. After considerable discussion on any other construction alternatives, it became apparant that there is no pro6lem of setback between the actual room addition and the required 20' separation to the garage and the deck portion that does projeet into this area is at ground level and is not of a significant structure type to have any impaet on surrounding properties or the actual intent of the separation between the house and garage. tt was noted that this 20' separation is a common appeal and in the new residential code as now in draft form this separation is proposed to be reduced to 10' . Noting all of the above, Mahlon Swedberg stated that this is a non-controversial pro- posal and not of a structure significance and therefore Swedberg moved to approve the waiver as requested. Second by William Forster and upon vote carried. �_r�:f 1 Board of Zon(ng ApPeals- Page 2 May 12, 1981 81-5-15 (Ma 15) Residential 900 KnoT1 Street Bruce Meyer The Petition is for waiver of Section 3•07 (1) front setback for 7' off the required 35' set6ack along Jersey Avenue to a distance of 28' 'from the east lot line to the proposed .addition. (Note� existing hause .at 25' from east lot line by previous approval .) The p�tFtion was in arder and consent obtained from all surrounding properties. Mr. and Mrs. Meyer were present. This is a proposed room addition across the rear of the house. The home fronts on Kno1-1 street and the east side is Jersey Avenue. When this existing home was built the lots in this Dempsey Addition were repositioned and waivers to 25' setback from Jersey were approved by City Council action, The proposed addition is 3' further from Jersey, Avenue at 23' . However, to be admPnistrativeky correct mwst be addressed by the Board of Zoning Appeals or a waiver from the required 35' . Mr. Meyers noted that when he purchased his home as one of ths fir�t residents of this area he was unaware of previous w�ivers and. was surprised tc� learn of this when applying for his addition. M.a�1on Swedberg moved to approve. the waivEr as requested noting previous waivers granted to construct the original house and also noting that to apply the 35' set- back to any addition as now proposed presented a hardship and would esthetically be detrimental . Motion seconded by William-Forster. and upon vote carried, 81-5-16 (Ma 20) Residential 153 Aquila Avenue North Sandy Selnick The Petition is for waiver of Section 3.07 (3)b for 5. 1 ' off the required 13.8:'; to a. distanc� of -: 8.7' from the north lot line to the propased addition. M'r. Selnick was present. Consent had been obtained from adjacent properties. The petition was in order. This reques-t is similar to others that have been addressed by the Board where an existing single car attached garage exists and is now prpposed to be expanded to a two-vehicle garage with some storage or mud area within. ���� Board of Zoning Appeals Page 3 May 12, 1981 Mr. Selnick noted that if approved there was ample separation from the adjacent home. It was also noted that the proposed addition is adjacent to the neighbor's garage area and not the living quarters. Mahlon Swedberg moved to approve the waiver as requested, second by William Forster and upon vote carried. 81-5-17 {Ma ` 23) Residential 55 Hanley Road Roger H. Johnson The Petition is for waiver of Section 3,07 (1) front setback for 4' off the required 35' front setback to a distance of 31 ' from the front tot line to the proposed addition at its closest point. Mr. Johnson was present, consent had been obtained from eight adjacent and surrounding properties. This lot is a very deep parcel of land 284 feet deep by approximately 120 feet wide and with a curving and meandering front lot line. The proposed family room remodeling of a portion of the existing attached garage and the expansion of a garage as one addition wou1d provide space for three automobiles or storage area. Mr, Johnson explained from the lot survey that the proposed addition complies with setback requirements except in that area where the front' lot line meanders similar to an S curve. At that closest point, it i's 31 feet. Mahlon Swedberg said he was pwzzled by the design for three automobiles. Mr. Johnson s:tated he complied wi:th the width and if he reduced the garage in depth sufficient to comply with the setback at its closest"point, it would create insufficient garage depth for an average car. After considerable discussion of the constract_ion and any alternatives, William Forster moved to approve the waiver as requested, noting the placement of the existing house, the topography and the irregular front lot line. 5econd by Swedberg and upon vote carried. 81-5-T8 (Map 3) Residential 5139 33rd Avenue North Phyllis Ellingson The Petition is for waiver of Section 3,07 front setback for 13.5' off the required 35' setback to a distance of 21 .5' from the front lot line to the proposed addition. �� � �-, Board of Zoning Appeals Page 4 May 12, 1981 Mrs. Ellingson was present. Consent had been obtained from six adjacent properties. Mrs. Eltingson explained she has six children and the family needed the addition for more bedrooms and a larger eating area in the kitchen as at mealtimes they were extremety crowded. In this area on 33rd there is actuatly this home and one other and placed so there is no significant front setback profile estabiished. The topography of the hill makes it difficult to expand in the rear area and any usuable yard area would be lost if construction was proposed there. Art Flannagan described the profile and line of site to other houses and could see no significant problem wi�h this addition previously because of the location and the topography. Ftannagan stated he fett there would be no problem of the house appearing to stick out from the other houses. William Forster said as he viewed the site the hedge and landscape on the hill relative to the placement of the addition does not appear to present a problem and the area proposed for the addition seemed to be the most logicafi. Forster also noted the street configuration and the appearance of only one house at this point in the btock. Mahlon Swedberg expressed his concerns of the appearance this addition toward the front would have. However, after further discussion and comparison with the other Board members on their observations when visiting this site, Swedberg stated the impact may not be as significant as he first surmised. Wil.liam Forster moved to approve the waiver as requested, second by Mahlon Swedberg and upon vote carried. 8]-5�19 (Map 11) BPO 5 0-$�0 Dututh Street� Reinertson � Associates The Petition is for waiver of Sections 10.052 building setback for 15' off the required 25' building setback along the east lot line to a distance of 1Q' - from the lot line to th� -bt�i�ding a� its closest point. for 15' off the required 25' building setback afiong the north Tot line to a distance of 10' from this lot line to the proposed parking structure. for 7' off the required 25' setback along the north lot line to a distance af 1�' from this Tot line to the proposed -office portion of the structure. � ��� ��, _ L Board of Zoning Appeals Page 5 May 12, 1g81 10.09A Conditional Use Height for 1 story in height in addition to the 3 stories allowed. (This requires City Council approval and is shown for administrative purpose only.) 10.051 front yard setback for 25' off the required 35' front yard area to a distance of 10' at its closest point. 10.06 lot area for waivec of the 40i buitding and 20� parking ramp requirements for Tand coverage. Mr. Reinertson was present. This petition had been before the Board of Zoning Appeats in February, 1980. The waivers granted then have lapsed because of lack of completion by the proponent of requirements conditioned upon previous approval . The waivers as now requested are from the requirements of the n�w Business and Professional Zoning Code. ', Hennepin County has also asked for an additional 17' of right-of-way across most of Lot "A" of thi.s proposal . Mahlon Swedberg noted his original opposition to this proposal and stated it has not changed as he believes it is just too much structure for the site. Swedberg noted if the building were not of the size proposed, a ramp may not be needed. Comparisons were made of surrounding properties. Reinertson said this is an extremely valuable site and is valuable enough to build more stories. The easement as required by the City was discussed and Mr. Reinertson said he did not have his eopy he received for signature from the City, that it was at his attorney' s office. The secretary said he had the original present if Mr. Reinertson desired to sign it. He declined. The existing BPO Ordinance was explained to Mr. Reinertson wherein the fourth story of his proposed office building requires a conditional use permit from the City Council . Mr. Reinertson described other projects he has designed and built and stated this structure would be an attractive and valuable addition to the community. William Forster stated he liked the proposed building. Art Flannagan noted his previous approval and while some requirements had changed, the proposed building was the same. William Forster moved to approve the waivers as requested, subject to the easement approved by the Board of Park and Recreation and as drafted by the City of Golden Valley engineer. �� � ., � L� Board of Zoning Appeals Page 6 May 12, 1981 Motion seconded by Mahlon Swedberg who noted he was second to the motion oniY to allow it to be voted on because two other members were absent. The Chairman called the vote on the motion and it was two ayes and one nay - (Swedberg) . The Board d.iscussed several administrative items and during th:is discussiorr Mike Sell arrived having just flown in and coming directly to the meeting. Witliam Forster described his attendance at a recent planning conference in Boston as a representative of the City Planning Commission. Forster made interesting comparisons between functions of Board of Appeals, Ptanning Commissions, etc. in other areas of the United States. Me deseribed the conference as an educational and interesting experience. There being no 'further business to come before the Board, it was upon motion, second and vote to adjourn this regular meeting at 9:15 P.M. � , , �i''� � , Art Flannagan, '° hairman loyd . Becker, Secretary