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08-11-81 BZA Minutes ���� MINUTES OF A REGULAR MEETtNG OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS AUGUST 11 , 1981 The regular m�eting of �he Golden V'Iall.ey Board of Zoning Appeals was held Tuesday, August 11 , 1g81 , at 7:30 Pj.M. at the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesa'ta. !, The follawing board members were pr�esent: Art Flannagan, Chairman �, William Forster , Glen Christiansen �� Mike Sell � Absent by prior arrangement, Mahlor�' Swedberg (no alternate available for this meeting) , The first order of business was approval of th� minutes of the re�ular meeting held Tuesday, July' 14, 1981 and a sipecial meeting held Wednesday, July 22, 1981 , copies of which had previously been distributed to the board. Glen Christiansen �noved to approve ,the minutes as written and presented. Second by Witliam Forster and upon vofie calrried. (Mike Sell was nat in attendance a�G this tirn� but arrived prior to consideration of the fourth it�m on the agenda. , ,Sell had a previous commitment which was man- datory to atte.nd and as there was a quorum Chairman Flannagan proceeded with the consideration of the appeals.) 81-8-32 (Ma 14) Residential 6 35 Sandburg Lane lot west of 6825) West Suburban Builders (Earl ` Wilson) The petition is for waiver of Section 3.051 1ot width for 5l ' off the required 150' to,t width to a width of 9g' as measured at the 35' setback line. The petition was in order. Present for the meeting was a son of Mr. Earl Wilson and anoth�r business representative. The secr�tary explained that the petition as filed was based on the prior resi- dential zoning code. Th� present eode now adopted and in effect permits two-family dwel'lings upon rezoning to R-2. A memo from Mike Miller described that an error occurred when the new zoning code was published wherein the previous requiremenfs of 150' frontage and lot area of 18,750 sq. ft. was retained. The propo��d ordinanee when r�comm�nded for approval by staff and the Planning Commission provid�d for a lot width of 100 ft. and 12,500 sq. ft. of area. An amendment will be prepared for Council approval . �r��- Board of Zoning Appeals August ll , 1981 Page 2 Glen Christiansen noted that there appears to be some interim adjustment between filing for a variance on existing zoning requirements until new` sections are adopted and implemented. Christian�en wanted to be sure that if this item was approved subject to rezoning to R-2 through the Planning Commission and City Council that the Planning Commission and Council be assured through these minutes that there was no intent to prempt any decision by the Planning Commission or Council . William Forster, noting as member of the Planning Commissi'on, he did not feel this was a controversial item and he would clarify if necessary, the Board of Zoning Appeals actions. Glen Christiansen asked that the staff report by Mike Miller be inc1uded when this item is addressed by the Planning Commission. William Forster said if the zoning was approved for R-2 and fihe 100 ft. lot width was amended to the present ordinance, only a l ft. variance would be required. The lot has 79,141 sq. ft. of area which exceed even the previous requirement of 18,750 sq. ft. Noting all of the above and also that the lot is adjacent to industrial and institu- tional (Sandburg School) William Forster moved to approve a waiver of l ft. off the required 100' lot width when this width is amended to the Zoning Code and subject to rezoning to R-2 residentiat . Forster stated the purpose of moving to approve would provide for the proponent not to have to return to the Board` for a 1 ft. variance should the Zoning Code be amended and the rezoning be approved. Glen Christiansen seconded the motion and upon vote motion carried subject to the stated requirements. 81-8-33 �Ma 3) Residential 51 0 Lowry Terrace William Bick The Petition is for waiver of Sections 3.07 (l) front setback for 5. 1 ' off the required 35' setback from Scott Avenue to a setback of 29.g' from Scott Avenue to the proposed garage and for 3. 12 (1) accessory buildings, for a garage not located wholly to the rear of the house. Mr. Bick was present. The Chairman noted the required signatures had been obtained, no adjaeent property owners were presen�C. Mr. Bick explained that he needed the proposed garage for his 'business and storage. The existing house had previously k�ad a two-car tuck-under garage which was entered from the Scott Avenue side. Mr. Bick stated he had received approval and a permit to close and remodet the garage area and needed a garage now. r, c�, �a�� Board of Zoning Appeals Page 3 August 11 , 1981 Records show a building permit issued by Atan Ostrow on January 23, 1978, for remodeling with an estimated-value of $500. Mr. Bick stated he remodeled the previous two-car garage area into a two-bedroom and bath apartment for his daugh'ter and son-in-law as apartment costs were pro- hibitive. The secretary noted that if this be so, Mr. Bick had created a two-family dwelling in confTict with the Zoning Code. The house is on pilings because of soil conditions and Mr. Biek stated he wanted to build the garage detached on a floating slab to avoid piling eosts because additionaT piling is expensive and would be a hardship. Art Flannagan said in effect Mr. Biek created his own hardship when he remodeled his former tuck-under garage to l.iving are.a. The secretary noted that when the exisfiing garage`was elir�ir�ated th�re was still enough existing area on tMe tot' to provide for attaching another two-car garage. This would require piling the same as the house. Glen Chri�tiansen said that eeonomies cannot be considered� as a direet hardship and noting tMe value of the livir�g spaee obtained when the ,prev'rous garage spaces were remodeled, that piling required for additional attached garage space within code provisions should not be considered a hardship. Following additional discussion, Glen Christiansen moved to deny `the waivers as requested. Second by William Forster and upon vote carried unanimously. Chairman Flannagan noted that the appeal process is available. Mr. Bick stated he would appeal . The secretary noted a staff report would'be required for any appeal when filed and Mr. Bick was cautioned that based on the canditions and situatiora noted in this meeting and based on the ability to c.onstruct addtional garage sp�ce on piting 'afld within the codE and se�baek requi'rements, that the possibility of a favorable staff report"was remote. Mr. Biek acknowledged but said he woul-d appeal . The seeretary said the appropriate forms would be provided the next day. 81-8-34 (Map 12) Residential Lot 1 , B1ock 1 Valleywood Addition Robert T. Sanko The Petition is for waiver of Section 3.07 (1) front setback for 10` off the required 3�` front se�Cback to a distance of 25' from the front 1ot line to the pro- posed dwelling. Mr. Sanko was present. Signatures of approval had been obtained. The petition was in order. No adjacent property owners were present. ��� Board of Zoning Appeals Page 3 August 11, 1981 Mr. Sanko had received permission to construct a two-family dwelling on this parcet th�t fronts on the servi.ce road at Highway 55 adjacent to United Tree Service Comp�ny. i'his original' approval was obtained August, 1980. Mr. Sanko recently received an extension to the one year allowed for construcrion ta start, however, he is now ready to proceed. In reviewing the ptacement of the proposed structure, Mr. Sanko determined that for all concerned, adjacent neighbors included, that if a 10 ft. waiver could be obtained on the front set- back the house could be placed forward to allow more space to the rear from the adjacent new homes and by turning the strueture slightly, more sideyard clearan�e.:, This is an odd shaped lot, wid.e on Mighway 55 side and then angled from both sides to the rear. The Board had recently granted Uzzell Bros. Con.struction a 10 ft. waiver to a distance of 25 ft. from the front lot line on a lot just west atong the service road. This too provided the required sideyard clearance for that lot. Following .revie� ef several other adjus#ment� , Glen C.hristiansen moved to approve the waiver as requested, noting this is an odd shaped lot and difficult to develop, and also noting this was a significant improvement in placement of a structure on the property. Motion seconded by William Forster. During discussion .on the motion, Mr. Sanko noted that in the covenants for all the lots including his, there will be constructed an architectually pleasing privacy fence all along the service road where the new home fronts. The vote was called and it was unanimaus for approval . Mike Sell arrived at this time. 81-8-35 (� 10) Residential 1335 Natchez Avenue South David K. Wendel The Petition is for waiver of the m ximum allowable height 40 ft. in accordance with the Zoning Code to proposed height of HO ft. from ground level to the top of the ante na. (Ham radio tower.) Mr. Wend�l was present. Consent had bee obtained from the adjacent neighbors, the antenna had been reviewed by the Bui ding Board .of R�vi�w which had stated they would recommend approval to 40 ft. h keeping with the intent throughout the Zoning Code and they r�:commended any further consideration be addressed by the Board of Zoning Appeals. It was not d that there is no direct section in the residential Zoning Code that applies to such structures as antennas, wind- mills, air electrie generators, solar collectors, etc. The secretary stated that those particular items are being review�d by staff including how other communities are addressing these structures and staff will be presenting a pro- posal to the Flanning Commission and Council for consideration in the near future. ���� Board of Zoning Appeals Page 5 . August 11 , 1g81 Mr. Wendel said he purchased the antenna from a property owner here in Golden Valley where it had been in place for apporximately l0 years with no complaints. The preVious owner has moved. Mike Sell stated he recalled this antenna and others that have been in the eommunity for many years. Mr. Wendel mad� a detailed presentation on his ''Ham" radio hobby, his periods of operation and stated interference with swrrounding reception would not be a problem. He -explained the antenna would be loo�e cable anchored in addition to being bolted to a large concrete base. He stat.ed the only neighbor that could be affected should be the neighbor to the south and this is the purpose of the anchor cable. Mike Sell expressed his concerns for this and possi'bly many ofihers similar in the future. Mr. Wendel stated'yes, there is the potential in all communities as energy costs rise, for such things as wind-driven ge��rators, solar col }ectors, home box offiee movies and sateTlite communications. As an attorney he said he has been doing considerable research on these matters and has represented clients in other com- munities. William Forster said he is concerned mostly about appearance as the safety can be provi:ded for. Glen Christiansen questioned if the tower eould be cut to 50 ft. and Mr. Wendel said yes with some diffieulty and passibly a question of structural 'integrity. Mr. Wendel said he could live with 50 ft. if necessary. Several Board members noted the structure did exist in the cammurrity before. The Board emphasized the need fo_r a specific ordinance soon to address all the potential equipment and structures. Mike Sel1 moved to approve �Che waiver as requested and explaining this was an existing antenna before that' generated-no complaints that he or staff were aware of and alsa not.ing there was no specific requirement thafi `could deny this height. Second by William Forster and upon vote approved by 3 ayes and 1 nay (Christiansen) . Art Flannagan and Mike Sell called attention to the fact that all neighbors signed in approval . There being no further items to come before the Board, it was upan motion, second and vote, to adjourn at 9�30 P.�. � � � ,� , � � .-� � Art F7annaga , C airman loyd G. Becker, Secretary �