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10-12-82 BZA Minutes r�;7�d� ����-, MINUTES OF A REGULAR MEETING OF THE G OLDEN VALLEY BOARD OF ZONING APPEALS 0 CTOBER 12, 1982 The regular meeting of the Golden Valley Board of Zoning Appeals was held T uesday, October 12, 1982, at 7:30 P.M. in the Council Chambers of the Civic C enter, 7800 Golden Valley Road, Golden Valley, Minnesota T he following Board members were present: Chairman, Mike Sell Mahlon Swedberg Herb Polachek Glen Christiansen A rt Flannagan The first order of business was approval of the minutes of a regular meeti ng hel d September 14, 1982, copi es of whi ch had previ ously been di s- t ri bu ted to the Board. A rt Flannagan moved to approve the minutes as written and presented. Second by Glen Christiansen and upon vote carried. 82-10-33 (Map 10) Residential 2 South Tyro rai Charles M. Wally The Petition is for waiver of Section 3A.06 (1 ) f ront setback for 10 feet off the required 35 feet front setback to a setback of 25 f eet f rom the f ront lot line to the pro- p osed garage addition at its closest point (front lot line angles) and for waiver of Section 3A.06 (3)b. for 0.5 feet off the required 14.5 feet sidey ard setback from the east side lot line to a distance of 14 feet from the e ast lot line to the proposed garage a ddi ti on. M r. Charles Wally was present. Also present was Mr. Claude Lowenthal , a ttorney, representing Mr. Wally and Mr. Smuckler, of the construction company, who propose to do the work if approved. M r. Lowenthal made the presentation and began by stating that the architect will adjust the garage so not even the .5 feet of a foot is needed on the east side of the garage and they request no waiver for that side and would main- tai n a 15 foot setback. ��'< ; . `��-} Board of Zoning Appeals Page 2 October 12, 1982 Mr. Lowenthal said he did not have all the adjacent property owner' s signatures on the petition form. However, he stated he had tried to obtain them several times and found no one home. He di d talk to Mr. Oppegaard, the property owner to the rear, and who face Wayzata Bl vd. The Oppegaard's object to the proposal and had previously mailed a letter to the Zoning & Inspection Department which stated so, noting the aesthetics as the primary reason. A similar letter of objection was also received from Mr. Terry Rath, an adjacent neighbor of the Oppegaards. Mr. Rath resides at 4111 Wayzata Blvd. and a letter was received f rom Mr. Wynn Noren, the adjacent nei ghbor on the east si de of Mr. Wal ly. The architect had a complete scale model of the entire dwelling including the proposed garage and also it included to scale Mr. Noren's home on the e ast side. This model was complete including the steep hill and surrounding p roperty to the rear. It was explained that the proposed two-car garage was dug into the hillside and was no higher at the top than the present black- top driveway. The architect e�lained the shape of the lot noting the front lot line angles and that the waiver requested is to the closest point along this line. The measurement is also to a wing wall that protrudes approximately 30 inches and a t the east end of the garage, i t almost corrp 1 i es wi th the requi red 35 feet. The Board noted that directly across the pond Dr. Sweet had constructed a new h ome last year and he had originally requested a waiver of front setback because of the extremely steep hillside. This had been denied and Dr. Sweet constructed in conformance. Mr. Lowenthal said he would like the Board to understand that D r. Sweet's home was new and could be adjusted to the lot although at con- siderable expense, however, Mr. Wally's home exists , also against a steep hill- s i de and there i s no physi cal or f i nanci al ly reasonabl e way to move the house b ack. Mr. Lowenthal also noted that Dr. Sweet approves of Mr. Wally's plan and has signed the petition in favor, recognizing Mr. Wally has no other alternatives. M ahlon Swedberg noted that the garage as proposed is flat-roofed, set into the ground, is at the mi nimum size for a two-car garage, 21 feet by 22 feet, and S wedberg also said he was in favor of this proposal the last time it had been before the Board and he was still in favor of it. (The Board of Zoning A ppeals denied a previous waiver request in October of 1979 that was similar, e xcept the waiver requests were larger and included the east side) (denied o n a 2 to 1 vote. ) Af ter considerable more discussion, Art Flannagan stated that this present proposal is a vast improvement to the previous p roposal and based on the scale model, he could not see that it had any effect of significance to any properties inclu ding Mr. Noren. He also stated it is a n overall imp rovement to the property. M ahlon Swedberg said if there ever was a case of hardship that was so clearly defined by topography, this was it and he moved to approve the waiver of f ront setback as requested only. Motion seconded by Herb Polacheck and upon vote carried with four ayes and o ne nay (Ch ri sti ansen) . �> � Board of Zoni ng Appeals � � �'�`��� Page 3 October 12, 1982 82-10-34 (Map 1 ) Residential t Avenue ort Edward and Doris Garbacz T he Peti ti on i s for wai ver of Secti on 3A.06 (3) sideyard setback for 1.8 feet off the requi red 5 feet si deyard setback to a di stance of 3.2 feet from the west lot to the proposed brick chimney. (Note: this lot is 50 feet wide and the side setback is correct for the structure a t 5 feet f rom the lot line. M r. Garbacz was present. The petition was in order and consent had been obtained from all adjacent neighbors. Mr. Garbacz said this was for a brick chimney in order to burn wood and e xtended no further than the 30 inches which is allowed for eaves. H i s 1 ot i s only 50 feet wi de and the house i s set exactly at the requi red s etback. Art Flannagan said this was almost an administrative matter as it is not something like a deck or a habitable room, however, it is a projection i nto the setback although very mi nimal. Art Flannagan moved to approve the waiver as requested. Second by Glen Christiansen and upon vote carried. 82-10-35 (Map 20) Residential 1514 Gettysburg Avenue Larry and Randee Melander The Petition is for waiver of Section 3A.06 (3) sideyard setback for 8.3 feet off the required 12.5 feet sideyard setback to a distance of 4.2 feet from the south lot line to the proposed deck. M r. and Mrs. Melander were present. Consent had been obtained from adjacent p roperties. M r. Melander explained they are on a steep hill with no real useable back y ard. The proposed deck would provide some seating area and then would c ontinue along the side of the house and allow access from the rear door a 1 so. ��{�� Board of Zoning Appeals Page 4 October 12, 1982 After considerable discussion on the method of construction and confirmation by Mr. Melander that the area under the deck would not become a storage or trash area, Glen Christiansen moved to approve the waiver as requested for the deck only. No construction or storage below and in doing so he also noted the hardship of topography with the steep hill to the rear and sides of the structure. A rt F1 annagan seconci�d �ti�e moti on and upon vote carri ed. 82-10-36 (Map 20) Re si denti al 340 Patsy Lane M r. and Mrs. Joseph Tschader The Petition is for waiver of Section 3A.06 (3) sideyard setback for 6.5 feet off the required 15 feet to a distance of 8.5 f eet f rom the west lot line to the p roposed garage addition. Mr. Tschacher was present. The petition was in order. Consent had been obtained from all adjacent properties. Mr. Tschader explained his present single garage and noted the difficulty for any other alternative such as a detached garage. The present single car garage has no provisions for any storage and no additional space even for a small area. Mr. Tschader presently has a con- crete area where he now parks his cars outside and this area is where the garage addition is proposed. Following further discussion on any other alternatives, Art Flannagan moved to approve the waiver as requested. Second by Herb Polacheck and vote carried. 82-10-37 (Map 19) Residential 980 Wynwood Road Penny & Mark Ziessman T he Petition is for waiver of Section 3A.06 (3) sidey ard setback for 2.2 feet off the required 15 feet sidey ard setback to a distance of 12.8 feet f rom the west lot line to the proposed room addition. M r. and Mrs. Ziessman were present. The consent had been obtained f rom all adjacent properties. r,^;`� � ,. _ Board of Zoning Appeals P a ge 5 October 12, 1982 This lot is a cul-de-sac type. The part of the lot where the construction is proposed is a vacated alley area. Th ere had been some utility easements which the Ziessman' s have obtained letters releasing them. This lot is unusual in shape, has rising topography in the rear and the house is placed on an angle so it fronts property on the curved area of Wynwood. It is only at its closest corner that a variance is required as the side of the house as extended becomes further f rom the lot line and conf orms at the rear. Glen Christiansen moved to approve the waiver as requested noting it is minimal at one corner and also considering the location and shape of the lot, the topography and placement of the house as it exists now on the lot. Second by Herb Polacheck and upon vote carried. There being no further business to come before the Board, it was moved, seconded and upon vote carried to adjourn at 8:30 P.M. � ,��ie.� ���� Mike Sell , Chairman Lloyd G. Becker, Secretary