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08-09-83 BZA Minutes f^� �l'`� ,.> J _3_. MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS AUGUST 9, 1983 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, August 9, 1983, at 7:30 P.M. in the Valley Room of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Glen Christiansen Art Flannagan Larry Smith, Alternate Absent by prior arrangement, Mike Sell , Herb Polachek and Mahlon Swedberg. Glen Christiansen chaired the meeting. The first order of business was approval of the minutes of a regular meeting held July 12, 1983, copies of which had previously been distributed to the Board. Art Flannagan moved to approve the minutes as written and presented. Second by Larry Smith and upon vote carried. 83-8-15 (Map 20) Residential 81 3 Ju ianne Terrace Alf 0. and Inger Antonsen The Petition is for waiver of Section 3A.06(1 ) front setback for 20.00 feet off the required 3'3� eet front setback to a setback of 15 feet from the front lot line to the Southwest corner of the existing house at its c�osest point. ' Purpose of the waiver request is to allow for a fully conforming deck addition to the rear of the house, which as it now exists cannot be expanded to. ' Mr. and Mrs. Antonsen were present. The petition was in order and consent was obtained from all adjacent properties. The Antonsen's plan to build a deck to the rear of the home that would conform with the Zoning Code. Examination of the survey by the Building Inspector revealed that the lot as platted and the house when built had one corner of the house within 15 feet of the front lot line. This is a very large lot and the front lot line was platted much as a cul-de-sac to provide for the radius as measured, totalling the footage required to meet the Zoning Code. It is the corner of the house at this radius that is non-conforming. The actual roadway is not constructed into the radius and there is no visible appearance that would suggest the house is non-conforming. City Engineering Department has no plans to project the roadway into this area. c� .�� Board of Zoning Appeals Page 2 August 9, 1983 Following a review of the plot plan and also the half section map for the � area, Art Flannagan moved to approve the waiver as requested, noting that the lot as platted created the existing condition and also that the proposed deck to the rear fully conforms. Larry Smith seconded the motion for approval and upon vote it carried unanimously. 83-8-16 (Map 15) Residential 32 0 ympia Street Harry R. Peterson The Petition is for waiver of Section 3A.06(3) side setback for 6.35 feet off the required 11 .25 ee�t to a�istance of 4.90 feet from the west lot line as it now exists to the garage to allow the garage to be extended in depth one car length at the same distance from the west lot line. Mr. and Mrs. Peterson and their son were present for the meeting. Adjacent neighbors to the side of the proposed waiver were also present. They are Mr. and Mrs. Larson, of 6405 Olympia Street. The Larson's had also sent a letter to the Board of Zoning Appeals which expressed their objections to the proposed garage extension. Mr. Peterson explained his proposal . This is a lot 75 feet in width. The house has a breezeway 10 feet wide and a single-car attached garage 12 feet wide and it is within 4.4 feet of the lot line adjacent to the Larson residence. 11 .25 feet is the required distance. Mr. Peterson proposes to add 26 feet in depth to the garage. This would create a structure 48 feet deep paralleling the lot line adjacent to the Larson residence, with the farthest distance from the lot line being 5.5 feet. The house and garage are set on a slight angle on the lot. The Board discussed the proposed addition thoroughly and the Larsons partici- pated. The Larsons expressed their concerns for the appearance next to their property and also the effect on the value of their home. The Board discussed several alternatives including removal of the single-car attached garage and construction of a detached garage to the rear of the property. Glen Christiansen asked Mr. Peterson if he had explored any alternatives and the costs involved. He replied not to the extent now being discussed. l.arry Smith questioned whether any windows would be planned in the 48 foot long wa11s. Mr. Peterson said he hadn't considered that. Larry Smith said that may be one way to break up the appearance. ;; �-�;.-� �._ .;'�a Board of Zoning Appeals Page 3 August 9, 1983 Larry Smith said he would really like to see what viable alternatives there could be and also cost alternatives so a possible compatible compromise could be reached. It was recognized the present garage is inadequate by today's standards. Art Flannagan said he could not look favorably on the present proposal and also suggested alternatives be explored. At the completion of discussion, Mr. Peterson said he would agree to look further into alternatives. Art Flannagan moved to defer the proposal to the regular September Meeting of the Board. Second by Larry Smith and upon vote carried. 83-8-17 (Map 4) Residential 42 Quai Avenue North Raymond and Carolyn Anderson The Petition is for waiver of Section 3A.06(1 ) front setback for 3.0 feet off the required 35 foot front setback to a distance of 32 feet from the front lot line at Quai1 Avenue to the proposed addition at its closest point. Mr. Anderson was present. Consent had been obtained from adjacent properties. Mr. Anderson explained that they had owned the home for approximately six years. They have planned extensive upgrading and in doing so wanted to improve the front entryway. Mr. Anderson said they had considered adding to the side of the house, however the surveyor found there had been errors made when platting the original subdivision and the side lot lines cannot be located for his house or others without extensive, expensive and lengthy proceedings. The Board discussed the effect on adjacent properties and Art Flannagan noted the street at this point curves, there is a difference in elevations between adjacent properties and in his opinion it appeared there would be no adverse effect on adjacent properties. Larry Smith noted that the house was approximately 30 years old, that the pro- posed entry was over the existing footings and well pit below and the proposed remodel would substantially upgrade the structure. Larry Smith moved to approve the waiver as requested, noting the hardship of previous survey errors, the lack of other reasonable alternatives and also the topography and street configuration. Second by Art Flannagan and upon vote carried unanimously. ��!� 8oard of Zoning Appeals Page 4 August 9, 1983 83-8-18 (Map 23) Residential 620 Utah Avenue South Daniel J. Camp The Petition is for waiver of Section 3A.06(3) side setback for 10.49 feet off the required 12.0 oo�ide setback to a distance of 1 .51 feet from the north side lot line to the non- conforming addition that has been added by the owner. Mr. Camp was present. Consent had been obtained from adjacent properties. Mr. Camp had constructed the shed roof addition and enclosed the area with a wood fence type material to within 1 .51 feet from the north lot line at its closest point. Mr. Camp had previously received a notice from the Zoning & Inspection Department to remove this non-conforming addition for which no permit had been issued. Glen Christiansen asked Mr. Camp whether he checked on any ordinance or realized that what he was doing when he added the roof and enclosure. Mr. Camp described himself as a sportsman with several snowmobiles, boat, trailer, etc. , and said his two-car garage was inadequate. He said he had no excuses for what he did but felt he cleaned up a mess by doing so. He said his neighbors liked it and he got rid of an eyesore. Glen Christiansen noted that creating the non-conforming addition to cover up an eyesore only compounded the problem and whether the neighbors liked it did not make it right or affect the Board's responsibility toward the Zoning Code. Art Flannagan said approval of this waiver would be inconsistent with other waivers the Board has addressed even though the neighbors approved. Art Flannagan moved to deny the request. Second by Larry Smith and upon vote carried unanirrwusly. The secretary noted to Mr. Camp that the previous notice for removal by the Zoning & Inspection Department must now be complied with. 83-8-19 (Map 5) Residential 2030 Ordway North Raymond and Ann Henrich The Petition is for waiver of Section 3A.06(3) side setback for 2.57 feet off the required 14.37 feet to a distance of 11 .80 feet from the north lot line to the house as it now exists at its closest point and for 3.17 feet off the required 14.37 feet to a distance of 11 .20 feet from the south lot line as the house now exists at its closest point. Purpose of the waivers is to allow a conforming addition �gn��rmangdhousehe rear of the presently non- � �� � Board of Zoning Appeals Page 5 August 9, 1983 Mr. and Mrs. Henrich were present. The petition was in order and consent had been obtained from all adjacent properties. The secretary reviewed the request with the Board. The proposal is to add a fully conforming addition to the rear of the house. A review of the survey on file showed the existing house to be non-conforming from the north lot line and also the south line by the distances noted. Subsequent information provided by Mr. Henrich and confirmed by the Director of Zoning & Inspections revealed that a 20 foot wide walkway along the south lot line had been previously vacated and Mr. Henrich had 10 feet of that now as his property. The legal description confirmed this. No waiver from the south lot line is required. Following discussion by the Board and noting a similar non-conforming situation previously addressed, Art Flannagan moved to approve the waiver as requested. Second by Larry Smith and upon vote carried unanimously. 83-8-20 (Map 17) Residential 2 Kentuc y Avenue North Sully or Heidi Tarshish The Petition is for waiver of Section 3A.06(3) side setback for 4.7 feet off the required 15 eet s�de setback to a distance of 10.3 feet from the west lot line to the proposed garage addition. Mr. Tarshish was present. Also present was Mr. Tarshish, Sr. Mr. Tarshish explained he has a very small single-car garage that is almost unusable and no other storage space. The lot and topography do not provide any reasonable alternatives. The proposed expansion is the minimum possible for a two vehicle garage. Larry Smith said this request is typical of others the Board has addressed and approved. He noted the lack of other alternatives and said it didn't appear to be a significant encroachment to the adjacent property which has a double attached garage. Larry Smith moved to approve the waiver as requested. Second by Art Flannagan. Glen Christiansen said he felt this was a good improvement. Upon vote, the motion for approval carried unanimously. � � �i:�;�'�i 1 Board of Zoning Appeals Page 6 August 9, 1983 83-8-21 (Map 14) Commercial Lot and , B oc , erra Linda Plaza City of Golden Valley and VFW Post 7051 The Petition is for waiver of Section 13.07(1 ) of the Zoning Code to provide for a temporary parking area without curb and blacktop. The secretary, Lloyd Becker, reviewed the proposed plot plan for parking and vendor area with the Board. Following a review of the entire proposal with the Board, Art Flannagan moved to deny the request for waiver of the required curb, gutter and asphalt surface for the lot. Glen Christiansen seconded the motion and upon vote it carried unani►�usly. The Board noted that the Zoning Code did provide for other farmer's markets to be considered under Conditional Use Permits in the commercial area. They said a waiver here would set an unacceptable precedent by the Board and it would be difficult to fairly address any other such proposals or any other parking lot as required in the entire Zoning Code. In addition, the Board members present asked that the minutes reflect that they did not look favorably on the proposed farmer's market because of the following concerns for it. The possibility of it becoming a public nuisance, the potential cost to the city for maintenance of the area and the possibility of problems with transient vendors and control of the area. There being no further business to come before the Board, it was upon motion, second, and vote adjourned at 9:20 P.M. r � � , t c , �� Glen Christiansen, Chairman Pro Tem Lloyd G. Becker, Secretary