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11-10-83 BZA Minutes ��_� MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS NOVEMBER 10, 1983 The regular meeting of the Golden Valley Board of Zoning Appeals was held Thursday, November 10, 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 Art Flannagan Mike Sell Larry Smith (alternate) Absent by prior arrangement, Herb Polachek. The first order of business was approval of the minutes of a regular meeting held October 11, 1983, copies of which had previously been distributed to the Board. Larry Smith moved to approve the minutes as written and presented. Second by Mike Sell and upon vote carried. 83-11-28 (Map 10) Residential 1439 Tyrol Trail Dale R. Clift The Petition is for waiver of Section 3A.06(3) side setback for 8.1 feet off the required 12 feet side setback to a setback of 3.9 feet from the east lot line to the proposed attached garage addition. Mr. Clift was present. The petition was in order, consent had been obtained from all adjacent properties except the neighbor directly abutting the pro- posal . Mr. Clift explained that the home is rented, that the owner is presently institutionalized, however, he did have a letter from the owner's authorized representative with consent for his proposal . Mr. Clift said his wife had delivered it to the City. The secretary said it had not been received at the Zoning & Inspection Department, at least to his knowledge. Mr. Clift said they had moved into the home approximately six weeks ago. The present tuck-under garage must be entered from the side. The garage area is very small and extremely difficult to enter and exit from. The proposed addition would provide for direct front entry. Following further review of the plans and discussion on the required grading, Mike Sell moved to approve the waiver as requested subject to the letter being provided from the adjacent neighbor. In doing so, Sell noted the topography prohibits any possibility of locating a garage to the rear. � ,, -'_t? Board of Zoning Appeals Page 2 November 10, 1983 The motion for approval was seconded by Glen Christiansen also subject to receipt of the letter as noted. During further discussion on the motion, Mike Sell called attention to the garage as being the very minimum width for two cars. The vote was called on the motion and it was unanimous for approval . 83-11-29 (Map 1) Residential 2424 Byrd Avenue North Thomas Nevin The Petition is for waiver of Section 3A.06(3) side setback for 7.1 feet off the required 11.2 feet from the northwest lot line to a distance of 4.1 feet from the lot line at its closest point to the house as it ; now exists, and for waiver of 3A.06(1j front setback for 1 .2 feet off the required 35 foot front setback to a setback of 33.8 feet from the front lot line to the house as it now exists. The purpose of the waiver is to allow a fully conforming addition located wholly to the rear to be built on the house which is presently non-conforming. Mr. Nevin was present. The petition was in order. Consent had been obtained from all adjacent properties. Mr. Nevins has proposed an addition to his home that is totally to the rear and fully conforms. A current registered survey done October 19, 1983 revealed the house as it exists is non-conforming, as it is 33.8 feet from the front lot line. (35 feet required) and it is 4.15 feet from the northwest lot line :(11 .2 feet required). The Board reviewed the survey and discussed the proposed addition to the rear. Art Flannagan said he has no problem with the proposal as it is through no fault of Mr. Nevins that the house was constructed in error many years ago. The owner should not be penalized by prohibiting a fully conforming addition. It would be an extreme hardship to correct an existing condition. Larry Smith said approval would be perfectly consistent with previous actions by the Board on similar existing situations in all other zoning categories. Glen Christiansen said it would be financially and construction-wise prohibitive to attempt to rebuild and relocate the house just to add on an addition that conforms. Art Flannagan moved to approve the waiver as requested for the existing structure. Second by Glen Christiansen and upon vote carried unanimously. ;;: - -� �'__ - Board of Zoning Appeals Page 3 November 10, 1983 83-11-30 (Map 10) Residential 1523 Kaltern Lane Byron Frank The Petition is for waiver of Section 3A.06(3) side setback for 4.4 feet off the required 15 feet from the west lot line to the house as it now exists and for 0.5 feet off the required 15 feet side setback from the west line to a distance of 14.5 feet from west lot line to a proposed addition. The petition was in order and consent obtained from a11 adjacent properties. Mrs. Frank was present to explain their proposed addition. The house, as it exists, is located 10.6 feet from the east lot line at its closest point. The house is set on the lot on an angle and as you measure toward the rear, after several feet, it conforms. The proposed addition is located to the rear and toward the west lot line. Because the house is on an angle, one corner of the proposed addition is approximately six inches into the 15 foot required setback from the west lot line. Mrs. Frank explained there is nothing, they can do about the existing condition along the east lot line short of picking up the house and moving it. She said on the west side there is a screen porch ,addition and they had considered cutting off and constructing the corner on an angle, however, it abuts an empty wooded area and she said they would rather have the waiver, if possible. This is a very large lot set on a cul-de-sac. It is a steep hill to the rear and the lot is 460 feet deep. The side the waiver of six inches is requested on abuts vacated France Avenue and is adjacent to a wooded area that is owned by the City of Minneapolis. Glen Christiansen, in viewing the survey, called Mrs. Frank's attention to her driveway which appears at one point to cross a corner of their neighbors to the east property. Mrs. Frank said she had been unaware of this but would contact the surveyor again. Mike Sell suggested a permanent stake be set and measured in to insure that the lot line could be permanently identified. The Board noted that if the adjacent neighbor ever constructed a fence, the Frank's would have a problem. After further discussion, Mrs. Frank said. she would contact the surveyor the next day and make sure they did not have a problem with the neighbor. Larry Smith moved to approve the waivers as requested and in doing so noted the topography to the rear. Smith also called attention that the property abuts vacated France Avenue and the Prudential Insurance Company parking lot where the proposed addition is located, and there apears to be no effect on adjacent properties. Second by Mike Sell and upon vote carried unanimously. �� � Board of Zoning Appeals Page 4 November 10, 1983 83-11-31 (Map 20) Residential 1536 Valders Avenue North Robert Hawkinson The Petition is for waiver of Section 3A.06(1 ) front setback for 11 .7 feet off the required 35 feet setback from Wesley Drive (north lot line) to a distance of 23.4 feet from the lot line to the house as it now exists to allow a three-season porch to be constructed on the top of the existing flat roof garage. The petition was in order and consent had been obtained from all adjacent properties. The home is on a corner lot and has a lower level two-car garage as part of the basement. Above this garage portion of the basement is a flat roof. It is on this part of the foundation that the three-season porch is proposed. There is no proposal to add to the perimeter of the house, only the porch on the existing foundation above the garage. A current survey required by the Building Department revealed that the existing house is only 23.34 feet from Wesley Avenue at its closest point. The house is set on a slight angle on the lot. It is 42 feet back from Valders. The Board discussed the history of development in the area and it appears Valders was constructed as a street first and then the existing home appears to have been built before Wesley Avenue was installed. Prior to that, the house would have conformed. The Board noted the proposed construction is only up and no other expansion. As a corner lot, the house has limited alternatives, especially as it is set back further than required from Valders. Art Flannagan moved to approve the waiver as requested, noting it did not expand the perimeter of the house. Second by Mike Sell and upon vote carried unanimously. �°} `-� Board of Zoning Appeals Page 5 November 10, 1983 83-11-32 (Map 18) Residential 170 Maryland Avenue South Gary Edelston The Petition is for waiver of Section 3A.06(3) side setback for 5 feet off the required 15 feet side yard setback to a distance of 10 feet from the east lot line to the pro- posed addition. The petition was in order, consent had been obtained from adjacent properties, except for the property located at 150 Maryland Avenue. Mr. Edelston was present. Also present was Mr. John Cosmos, the architect representing Mr. Edelston. The proposal is for an addition to the rear of the house on the kitchen and also a sitting room to the rear and west side. Those proposed additions are conforming. A third garage stall is proposed for the east side. The house is placed on an angle and the front corner portion of the third stall addition projects into the side setback. Mr. Edleston described how he expressed his desire for a three-car garage to the developer when he built his home. He said he was discouraged from doing so by the developer. The house is placed on compacted fill . Had it been set on a slightly different angle and possibly somewhat more to the rear, a third garage stall could be added now without any waiver required. Mr. Edelston reviewed with the Board what he had previously stated in a personal letter to the Board as part of his application. He felt that several years ago a third garage was nice but now that his children are becoming close to driving age, it would be a necessity. He described that he has made substantial landscaped improvements to his property and he and his family desired to remain in Golden Valley. Mahlon Swedberg questioned that quite possibly this could be over building on the lot. Art Flannagan noted that this home is in an area of recent new construction and the setback standards had been complied with and to deviate now would have the potential of a bad precedent which could deteriorate the intent of the ordinance which provides for the open area between houses. If the waiver as requested was granted, all other neighbors should have the same opportunity. Glen Christiansen asked if Mr. Edelston was aware of the 15 foot side setback when he built his home. His answer was "no". "It was his first house and he relied on the builder's answers." � :�� i�`�./ Board of Zoning Appeals Page 6 November 10, 1983 The Board entered into a lengthly discussion with Mr. Edelston, wherein the merits and intent of the zoning code were descr�ibed, the precedent waivers would set, and the comparison between older non-conforming structures that had previously been addressed and the relatively new subdivision Mr. Edelston is in. Mr. Edelston explained to the Board why he felt he had a hardship and why he felt there was merit in his proposal . Larry Smith said he isn't hung up on whether it is a two-car or three-car garage because what is a luxury to one person may be a necessity to another. However, what is at stake is the intent of the ordinance. An infringement, large or small ,—sets a precedent. Mike Sell said his thoughts are similar and noted the proponent, if denied, can appeal to the City Council . At this point, Mr. Edelston said he had some alternative plans and asked the Board if they would consider them. Chairman Swedberg said that properly the Board should vote on the request as submitted and subsequently if the Board so desired, he was receptive to hearing the alternate proposal . Art Flannagan moved to deny the waiver as requested. Second by Mike Sell and upon vote carried unanimously. Mike Sell said that as other plans were available and Mr. Edelston had his architect with him, he thought it appropriate to hear the proposal . The Board concurred and Mike Sell moved to hear the alternatives. Second by Larry Smith and carried unanimously. Mr. Edelston and his architect proposed to move the additional garage stall addition further to the rear, thereby reducing substantially any waiver required. After detailed discussion, a waiver of approximately one foot off the 15 foot side setback was arrived at. Mike Sell moved to approve a waiver of 1 .2 feet off the required 15 foot side setback from the east lot line to the proposed garage addition to a setback of 13.8 feet. In doing so, he noted this is a large but odd-shaped lot on a cul-de-sac and that the extremely poor soil conditions prohibit any major alternatives. Second by Larry Smith. During discussion on the motion, Glen Christiansen asked the secretary for clarification on a recent waiver request for a new home in another area of the subdivision. The secretary noted this had been for a front setback and for a corner lot and be read from the official minute book the Board's action. Following this, the Chairman called for a vote on the motion and it carried unanimously. Q�1 i Ll'�-,L_ Board of Zoning Appeals Page 7 November 10, 1983 Chairman Swedberg brought to the Board's attention that he expected the Council to be looking for information soon on what Board members may be considering reappointment. Following discussion, Mahlon said he would report to the Council and Mayor the member's response. The Board discussed several administrative items. They were updated by the secretary, Lloyd Becker, on current construction and proposals in the City. The Board asked the secretary to have copies of the Council agenda sent to all of them. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:40 P.M. ���� � Mahlon Swedberg, Chairman Lloyd G. Becker, Secretary