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07-12-83 BZA Minutes r � ","" � � MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS JULY 12, 1983 The regular meeting of the Golden Valley Board of Zoning Appeals was held , Tuesday, July 12, 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, Mahlon Swedberg Glen Christiansen Mike Sell Herb Polachek Absent by prior arrangement, Art Flannagan. The first order of business was approval of the minutes of a regular meeting held June 14, 1983, copies of which had previously been distributed to the Board. The Board noted two corrections and following those amendments by the Secretary, Mike Sell moved to approve the minutes as amended, second by Glen Christiansen and upon vote carried. (Two amendments noted were Item I , June minutes, paragraph (5), change name from Glen Christiansen to read "Art Flannagan" and signature line at end of minutes change Chairman from Mike Sell to "Mahlon Swedberg". ) 83-7-12 (Map 20) Residential 9 F1ag Avenue Hometown Builders, Inc. (Jeff Kauffman) The Petition is for waiver of Section 3A.06(3) side setback for 2 feet off the required 6 feet side setback from the north lot line to allow a fireplace to be built to within 4 feet of the north lot line. Mr. Kaufman was present for the meeting. The Petition was in order, consent had been obtained from all adjacent properties except for the property owner at 2001 Flag. Mr. Kaufman said the owner of that property was working in Dallas, Texas and was not available. The secretary said notification had been sent. Mr. Kaufman said this was one of the narrower lots in the community in an older plat. The lot is 60 feet wide and needs substantial soil correction. He explained that the house will have a tuck-under garage and he felt that a fireplace was a most important amenity to insure the home was in keeping with the value and esthetics of adjacent properties. Mr. Kaufman noted the sub- stantial changes in topography from front to back of the lot. If the ���a�����t� oM�e��rr��r�u��side, it would chop up the interior walls for any r� - � '� ; Board of Zoning Appeals � Page 2 July 12, 1983 Mike Sell said the lot width and topography generally substantiate the use of a tuck-under garage and with a tuck-under garage a large portion is used in the basement of the home. Sell noted that the Zoning Code provides for "eaves and cornices to project into the setback up to 30 inches" and this request is for the fireplace portion only to a distance of 24 inches. Mike Sell moved to approve the variance as requested, noting the hardships of topography, soil conditions and lot width. Glen Christiansen seconded the motion, noting in doing so it was for the chimney only and also noting the lot width which limits many alternatives for house size and design. Chairman Swedberg called for discussion on the motion and it was at this time that Mr. Keith Steinmetz, the owner of 2001 Flag Avenue who had been in Dallas, Texas, stepped forward from the audience to object. The chairman allowed Mr. Kaufman and Mr. Steinmetz to confer and following a conversation and review of the proposed house plans and fireplace, Mr. Steinmetz withdrew his objection and noted his approval . Chairman Swedberg called for the question on the motion for approval and upon vote it carried unanimously. 83-7-13 (Map 4) Residential 2730 Kyle Avenue North Arie Pshefizky The Petition is for waiver of Section 3A.06(3) side setback for 6.9 feet off the required 12.4 foot sideyard setback to a distance of 5.5 feet from the south lot line to the proposed deck. The Petition was in order and contained consent from adjacent properties except for the Crichton's at 2720 Kyle, who signed as undecided. Only one , adjacent property owner was present and that was Mr. Quinton M. Welter, of 2800 Kyle Avenue, the neighbor to the north. Mr. John Zajicek, the builder of the proposed deck, was present for the owner and explained the proposal . The present exit and stoop from the house is badly deteriorated. The house is 26 feet by 26 feet and in replacing the present steps the deck would provide some additional walk area out of the house and a place to sit. This also pro- vides a second exit from the house. The lot is 62 feet wide and the lot slopes substantially to the rear. The house is located 22 feet from the north lot line and leaves only the limited area for the deck because of the manner the house is constructed. Mr. Zajicek when questioned by the Board said the under side of the deck is all open and there would be no storage beneath it. �'�3� Board of Zoning Appeals Page 3 July 12, 1983 Mr. Welter came forward and said he had no objection to the proposal , however, he was concerned because he had heard a detached garage was also proposed next to his house. The builder said the owner had mentioned that he had considered building a garage, however, it is not practical nor accessible because of the lot width and topography. Chairman Swedberg said no garage is part of this petition and could not be addressed by the Board. Mr. Welter again said he had no objections to the proposed deck. Glen Christiansen, noting the present deteriorated condition of the exit and steps from the house and also the narrow lot and hardship of topography, moved to approve the waiver as requested. Second by Herb Polachek. During discussion on the motion, Mahlon Swedberg said the exit door exists and is needed and also noted the modest proportion of the deck which included the exit steps. Upon vote, the motion to approve carried unanimously. 83-7-14 (Map 18) Residential Lot , B oc , Ring s Co onial 2nd Addition Marin Corporation The Petition is for waiver of Section 3A.06(1 ) front setback for 5 feet off the required 35 feet front setback from Western Avenue to a setback of 30 feet from the lot line to the proposed new dwelling. Mr. James Smuda, from Marin Corporation, was present to speak on this proposal .• Several other representatives were also present, which included the potential owner of the proposed home. Mr. and Mrs. Howard Kaufman, adjacent property owners to the south, were present. Mr. Smuda described the proposed house as a "build to suit" and there is no way he could reduce the home by an additional five feet and meet the needs or desires of the owner. Smuda described a corner lot as a hardship with two 35 foot setbacks required and said in most plats, developers recognize this and plat corner lots larger to take the setbacks into account and provide corner lot owners with the same buildable areas as interior lots. He said the pro- posed house is 56 feet wide and if he was on a similar sized interior lot, he could build 76 feet wide with no variances. Glen Christiansen noted all the other lots in this area, including corners were built upon without variances and could not see a real hardship. �., ,r-°, �. Board of Zoni ng Appeal s �- �� '-� Page 4 July 12, 1983 Mr. Smuda said he has two other houses presently built on Pennsylvania Avenue as speculative homes and unsold and it may be a long time before another buyer for this lot comes along so he feels he has a hardship. Glen Christiansen said economic hardships are not addressable by the Board. Mr. Marshall Lebow, the praposed owner, said he presently lives in Plymouth and would like to move to Golden Valley and would do so if his present house plans could be built on this lot. Mr. Howard Kaufman said while he came to the meeting more as an observer he did not have any objection to the setback requested. Mahlon Swedberg replied that on a previous proposal considered for submittal by the proponent where a five foot side yard setback adjacent to Mr. Kaufman would be necessary, Mr. Kaufman did object to the contractor. Mr. Kaufman said that was true, however, the front setback had no direct impact on him. , Herb Polachek suggested possibly the house could be redesigned to fit the lot. The Board and the proponent continued a long discussion both on this lot and others that Marin Corporation has purchased in the former Alexander Development. It was noted there were other interior lots available. Mike Sell moved to deny the request as proposed noting no other such waivers for corner lots were requested or granted in development of the area and also noting there are alternatives such as other house designs or lots in the area. Sell said it would be a bad precedent and could open the area to other waiver requests to complete development. Glen Christiansen seconded the rrro tion to deny the request. During subsequent discussion on the motion, Mahlon Swedberg said he strongly opposed any waiver for front setback. Upon vote, motion to deny carried unanimously. The Board discussed several administrative items with the secretary and there being no further business to come before the Board, adjourned upon vote at 9:15 P.M. �/1/1,������� Mahlon Swedberg, Cha rman Lloyd G. Becker, Secretary