Loading...
10-13-81 BZA Minutes F ., � � � � MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS OCTOBER 13, 1981 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, October 13, 1g81 , at 7:30 P.M. at fhe Civic Center, 7800 Golden Valley Road, Golden lfaltey, MN. The following Board members were present: Art Flannagan, Chairman Witliam Forster Mike Sell Glen Christiansen Mahlon Swedberg The first item was approval of the minutes of a regular meeting held September 8, 1981 , copies of which had been previously distributed .to the Board. Glen Christiansen moved to approve the minutes' as written and presented. Second by William Forster and upon vote carried. �31-10-46 (Ma 5) Residentiat 5 0 Golden Va11ey Road John J. Alexander (Not heard at September meeting) The Petition is for waive r of Section 3A. 10 (1) accessory buildings for 25 feet off the required 35 feet front sei:back to a distance of 10 feet from the front tot line to the praposed detached garage and for waiver to allow the garage to be placed in front of the existing house. House is 94 feet from front lot line. Mr. Alexander was present. He explained that he missed the September meeting because he was out of town and was confused as to what date he was to appear. He noted that he had sent a subsequent letter of explanation to the Secretary. A copy had been included in the Board member`s agenda packets. Mr. Alexander explained the signatures he had obtained from adjacent properties, however Chairman Flannagan noted he did not have any signature from the adjacent property owner on the east. Mr. Alexander said he had tried but the occupants were retired and not available. Mr. Flannagan expressed his concerns over this and asked ifi Mr. Alexander had ever discussed the proposed garage with them. Mr. Alexander said he had and that he also had several discussions when building his brick wall around his property. He said to his knowledge they had no objections and noted his proposed garage is on the opposite (west) side of his lot. ���� Board of Zoning Appeals Page 2 October 13, 1981 Glen Christiansen noted that the request is to place a three-car garage in front of the house and within t0 feet of the property tine. Christiansen stated that even though the wall wouYd partially conceal the proposed garage, the wa11 was no excuse for such a large variance. It was noted that the exisfing house is ome 90 plus feet from fhe front lot line and with some adjustment the garage would be placed in conformance with the front setback. Mr. Alexander noted the topography and said this was difficult because it slopes upward �Coward the house and would atso block his view from a front picture window. Mahlon Swedberg questioned the need for 'a three-car garage. Mr. Atexander said he had three vehicles and with his children growing up he wanted to be sure he had adequate garage space. lt was called to Mr. Alexander's attenti�n that the City had received complaints thafi he possibly was running a construction busir�ess from this location. Mr. Alexander acknowledged that he has art office in his home but that his construction business is done from three other locations nnt in the city (Lyon Construction) . Following considerable further discussion on the needs of the garage and atternatives possibly available, Mike Sell moyed to defer this item to thE next regular meeting to allow Mr. A)exander time to prepare some e]evations and site drawings for the next meeting. Glen Christiansen seconded the motion and upon vote carrie d unanimously. 81-10-47 (Map 1) Residential 1 11 Yark Avenue North Mr. and Mrs. Carl Custard The Petition is for waiver of Section 3A.06 front setback for 10.3 feet of�F the required 35 feet front setback to a distance of 24.7 feet from:the front lotline to the proposed new attached garage. (This petition deferred from las't month for owner to adjust proposal .) Mr. Custard was present. He explained his new plan to attaeh the proposed garage rather than his previous proposal which was detached and set further forward. Mr. Custard said he now had consent from all adjacent neighbors. New notices of this meeting had been sent to all adjacent property owners. None were present. The existing house is 31 .8 feet from the front Tot iine. The proposed garage addition would be at a setback of 24.7 feet from the front lot line. The previous proposal would have ptaced it at 19.6 feet from the lot line. The Board noted that there is irregularity in setbacks along this block and that because of topography (steep embankment to the rear) no garage could be constructed in that area. During discussion it was noted that in deferring this proposa) this was an examPle of the Board`s efforfis to work with proponents where a hardship exists with the intent if possible to provide garage space for example while retaining the intent and integrity of the requirements of the Zoning Code in the best manner possible. Mr. Custard agreed. � �'� Board of Zoning Appeals Page 3 October 13, 1981 Glen Christiansen moved to approve the waivers as requested, second by Mike Sell , and upon vote carri.ed unanimously. $1-10-48 (Map l) Residential 2531 Zenith Avenue North Stephen J. Mickus The Petition is for waiver of Section 3A. 10 (1) for 24.9 feet off the required 35 feet se�baek from 26th Avenue North to a distance of 10. 1 feet from 26th Avenue to the proposed detached ga rage. Mr. Mickus was pres�nt, consent had been obtained from all adjacent properties. The City of Crystal is across the street. The garage faces Crystal . Mr. Mickus explained the garage is well to, the rear of the house which faces Zenith Avenue, The garage is in line with the setback of the house along 26th Avenue North and is within the required setback from the rear lot line. Mr. Mickus 'stated if he set the garage f�rther back on the site there is an embankment and it would be difficult and expensive. Glen Christiansen moved to approve the garage as requested, noting it +s +n alignment with the same setback as the house along 26th Avenue and at 22'x22` it is a reasonable sized double garage. Christiansen also noted the topography at the rear of the lot and the hardship in adjusting further on the .lot. William Forster seconded tfie motion. During further dis�ussion on the motion, Mahlon Swedberg noted this would not detract from the appearance to adjacent properties , would not disturb any other neighbors and'he also noted adjacent setbacks are irregular and there appears to be no nega�ive impact whatever. Upon vote motion earried unanimously. 81-10-4g (Map 20) Residential Lot 1 , 81ock 1 , Lakeview Heights (Lot located at corner of Flag Avenue and Dututh Street - undeveloped to the north) Roger and Janis Clem The Petition is for waiver of Section 3A.06 (1) - front setbaek for ll fc�et off the required 35 feet setback from Duluth Street to a dis- tance of 24 feet from the lot line at Duluth to the proposed dwelling. � � �� Board of Zoning Appeals Page 4 October 13, 1981 Mr. � Mrs. Clem were present. They had obtained signatures of approval again from adjacent properti�s and notices had again been mailed, This item had been deferred from the previous month to a11ow Mr. and Mrs. Clem to review and adjust their previous proposal wMich requi-red an 18 foot setback waiver from Duluth Street which is platted but not developed at this point. The previous proposal was a dome home which because of the required diameter could not be adjusted to a further setback. As noted in the previous meeting, the setback now proposed is consistent with many others previously granted in the area. The proposed dwel }ing is now of conventional construction (Capp Home) and was adjusted to meet the setback now requested. Mahlon Sw�:dberg noted this waiver is now consistent with others previously approved and commended the Clems for their efforts. Swedberg moved to approve the waiver and plans as requested. Second by GTen Christiansen and upon vote carried. 81-10-50 (Ma 14} Industrial 71 0 Madison Avenue West R. C. Printing Company (Thomas Sicora) The Petition is for extension of time for waivers granted for a building addition in October, 1980. The secretary noted the letter previously received from Mr. Sicora. The Board noted other recent approvals and extensions because of high and variable interest rates and construction costs. Mike Sell moved to approve an extension of the waiver to one year from this date to October 13, 1982. Motion seconded by William Forster and upon vote carried. 81-10-51 (Ma 19) Commercial 2500 North County Road 1 Robert L. Halseth (Westview Liquor) The Petition is for waiver of Section 5.05 for 25 feet off the required 35 feet of green area from the service road adjacent to Hennepin County #18 to the proposed parking lot. (This property is presently being subdivided and to file the plat with the existing building in non-conformance requires approval by the Board of Zoning Appeals.) r--�:-,a°� �` .� � Boa rd of Zon i ng Appea 1 s Page 5 October 13y 1981 The Board noted the memo of Mike Miller, Planning � Redevelopment Coordinator, dated October 2, 1981 . This memo described that this is an existing parcel of land with a structure on it that is proposed for platting. It was noted in this memo that neither the Planning Commission nor the City Council can rightfully approve a plat that would create a non-conforming use under the provi�ions of City Ordinance. Since the proponent is in a position whereby he cannot practically correct the setback deficiency created by Hennepin County, he has little alternative but to appeal to the BZA for relief. The BZA can grant such relief contingent upon approval of the plat by the Planning Commission and City Council . Mr. Halseth was present and explained his reasons for platting the property and he further described his business operations and parking requirements as they now exist. Mike Sell moved to approve the waivers as:::requested and required to plat the property and in doing so, noted the memo from the Planner as previously described. Second by Glen Christiansen and upon vote carried. There being no further business to come before the Board, it was moved, seconded and carried to adjourn at 8:45 P.M. � I, � � � ann gan, Chairm � oyd G. Becker, Secretary �