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01-11-83 BZA Minutes ���,. MINUTES OF A REGULAR MEETING OF THE G OLDEN VALLEY BOARD OF ZONING APPEALS J ANUARY 11, 1983 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, January 11, 1983, at 7:30 P.M. in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Chairman, Mike Sell Mahlon Swedberg Art F1 annagan Herb Polacheck Absent by prior arrangement, Glen Christiansen. No alternate members were available to attend the meeting. The first order of business was approval of the minutes of a regular meeting held December 14, 1982, copies of which had previously been dis- t ri bu ted to the Board. Art Flannagan moved to approve the minutes as written and presented. Second by Mahlon Swedberg and upon vote carried. 83-1-1 (Map 11) Resi denti al ast onstance Drive Anthony W. Ludovi ssie The Petition is for waiver of Section 3A.06(3) sideyard setback for 8 feet off the required 15 feet side setback to a setback of 7 feet f rom the south lot line to the proposed garage addition. The Petition was in order, consent had been obtained f rom all adjacent p roperties. Mr. and Mrs. Ludovissie were present and Mr. Ludovissie explained his p roposed garage addition. The present single-car attached garage is 13 feet wide and has a car p arking area along side it where the garage addition is proposed. ri 8 �, Board of Zoning Appeals Page 2 J a nuary 11, 1983 In a letter to the Board, attached to the petition, Mr. Ludovissie e xplained his need for a second garage stall and also called attention to the survey which show s that the house when built 29 years ago was placed c rooked (not parallel to the lot lines) . So much so, that even though a w aiver is required at the f ront side of the proposed addition, the rear corner a djacent to the south lot line conforms. Approximately a 7 foot difference e xists in 28 feet. Mike Sell asked what the width of the garage would be when completed and Mr. Ludovi ssie repl ied 21 feet, just about the mi nimum for a two-car garage, to provi de the frami ng for the door, etc. Mahl on Swedberg asked what comments, if any, di d the nei ghbor adjacent to the side where the addition is proposed have. Mr. Ludovissie said none w hatsoever. The Chairman asked if there was anyone in the audience to speak on this p roposal and there was none. M ahlon Swedberg moved to approve the request as proposed, noting that the o riginal placement of the house on the lot created a hardship that now exists for any addition and limits any alternatives. Swedberg also said there i s a factor of safety i n not havi ng automobi les parked on the street and also the addition when completed would be a valu able improvement in the neighborhooc+,. jt was also noted that the garage is a minimum practical width for a two-car structure. Herb Polacheck seconded the motion and upon vote it carried unanimously. 83-1-2 (Map 5) Residential Lot o B oc , Mary Hi s Addi tion (1 ot at Northwest corner of Golden Valley Road and Bassett Creek Drive) K ristia and/or Gerald L. Michaelson The Petition is for waiver of Section 3A.06(1 ) front setback for 6 feet off the required 35 feet front setback to a distance of 29 f eet from the front lot line at Bassett Creek Drive to the f ront of the proposed dwelling. M r. James Stageberg, architect, was present with Kristia Michaelson, who will be the owner and occupant of the proposed home. The Petition form contained consent from one adjacent property and was signed undecided by the other two adjacent properties. Several adjacent residents were present also. r°�� Board of Zoni ng Appeal s � � ' P age 3 January 11, 1983 The architect explained the extreme topography of the lot and noted that B assett Creek Drive at that point curves and if the f ront lot line were straight no waiver would be requested. Th e home was described as a lower basement level which would contain a garage for Ms. Michaelson's van, and the middle and upper floors contain three bedrooms, living room, kitchen a nd bath. The architect said the home possibly could be designed more elongated but because of topography and handicap needs, it would not be as practical to do so. M r. Stageberg described the very large oak tree, (five feet or more in diameter) which is near the south (Golden Valley Road) side and they said they designed the home with particular consideration that this tree would be preserved because it not only enhanced the lot but also the surrounding h omes. The neighbors concurred that the tree was valuable and there was merit in saving it for the neighborhood also. The home would be 75 feet from the next neighbor north and conforms to all o ther setbacks. The plan is to not disturb the hill anymore than necessary to construct the proposed home. M rs. Ruth E. King Smith, 3800 Bassett Creed Drive, asked the architect and Ms. Michaelson what is the relationshp to or with the proponent and Courage Center, either directly or indirectly. Mr. Stageberg said the lot was sold to the proponent and Courage Center has no connection whatsoever. It is a single-family residence only , with three bedrooms and a two-car tuck-under garage area. Mr. Stageberg said the interior is designed to full handicap requirements to accomodate Ms. Michaelson' s needs and wheelchair. Discussion again centered on any possible relationship with the independent living home owned by Courage Center on Mary Hills Drive and Mr. Stageberg a gain confirmed there is no connection. He then noted that this single- f amily home precludes any further construction on this lot and also on the remaining lots north of this area by Courage Center. Herb Polacheck moved to approve the waiver of front setback as requested, n oting the extreme hardship of topography on this lot and also the contri- buting factor of the curvature of the street at Bassett Creek Drive. Mike Sell concurred and seconded the motion. Upon vote, the motion for approval c arri ed unani mou sly . � 'A9 � ��.' Board of Zoning Appeals P a ge 4 January 11, 1983 83-1-3 (Map 9) Business and Professional at art o S.W. o t e N.W. o Section 30, Township 29, Range 24, Hennepin County. (The lot just north of the Golden Hills Shopping Center between the center and the nursing home located on Turners Crossroads between Wayzata Blvd. and Circle Downs. ) Capital City Holding & Investments The Petition is for waiver of Section 10.052(B) side setback for 10 feet off the required 15 foot landscape y ard area along the east lot line, to a landscape area of 5 feet in width and for 10 feet off the required 10 feet of landscape yard area, along the s outh lot line to 0 feet of landscape along the existing alleyway, except for plantings at each aisle for parking. The Petition was in order and consent had been obtained f rom all adjacent p roperties except no signature was obtained f rom Mr. Maurice Goldman, awner of the two apartment buildings that abut on the east side of this proposal. M r. Goldman' s son was present to represent his father. Also present was Mr. L1oyd Jafvert, architect, and Mr. John Wolf, both of J afvert, Mueller & Associates. Mr. Wolf described the proposed parking lot and noted they comply for the required 35 foot landscape area along Turners C rossroad and comply by an additional five more feet than required on the north side which abuts the Weldwood Care Center. The south lot abuts and parallels the existing alley and it is from this side that the lot is entered for parking. The east side has a five foot landscape area which abu ts the open area of Mr. Galdman' s apartments. M r. Wolf said the present Golden Hills Center is short of parking and if additional parking is lost to right of way for I-394, this lot is really vital toward adequate parking. He described further proposed remodeling of certain areas of the center. The Board reviewed the site plan they had all received and the plan as p osted on the Board. � � M r. Goldman asked to comment and also read a letter prepared by his father which expressed their concerns for adequate landscape along the east lot line of this proposal, their concerns of headlights at night shinning on their buildings from the lot and also their problem with vehicles from the center driving across and through their apartment property. Mr. Goldman n oted that landscape and a six-foot high board on board fence is proposed f or the area abutting the Weldwood Care Home and he said he felt the same consideration should be given to the east side. � � �`C �.4 Board of Zoning Appeals Page 5 J anuary 11, 1983 Following considerable further discussion between the Board, the proponent and Mr. Goldman, the proponents agreed to construct a six-foot high board on board fence along the east lot line that abuts Mr. Goldman and in doing so Mr. Goldman found that the waiver to five feet of landscape on the east side was acceptable. T he secretary also noted that staff may be able to provide some input to the center in suggesting possibly the installation of posts along the p arking areas adjacent to Mr. Goldman to deter vehicles being driven through the Goldman property. M ahlon Swedberg moved to approve the waiver as requested, subject to a matching six foot high board on board fence all along the east lot line. Art Flannagan seconded the motion noting the present hardship of the p arking facilities and the requirement of the fencing. Du ring discussion, M r. Goldman said the six foot high fence is acceptable. The vote was called on the motion to approve and it carried unanimously. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:45 P.M. . ���e�� ���� Mike Sell, Chairman Lloyd G. Becker, Secretary