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04-10-84 BZA Minutes � �:���_ MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS April 10, 1984 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, April 10, 1984, 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 Art Flannagan Lloyd Tubman Glen Christiansen Larry Smith, Alternate Absent by prior arrangement, Mike Sell . (Mike Sell arrived at 8:30 P.M. and observed the remainder of the meeting.) Annually, at the April Meeting, the chairperson is elected by the Board. Following established prcedures for this meeting, the secretary and staff liaison, Lloyd Becker, called the meeting to order. Prior to calling for nominations for chairperson, Lloyd Becker introduced the Vice Chair of the Planning Commission, Ms. Lloyd Tubman and the Board members welcomed her as a member of the Board of Zoning Appeals. Nominations were called for. Mahlon Swedberg nominated Art Flannagan, second by Larry Smith. Further nominations were called for. Hearing none, Larry Smith moved nominations be closed and the Board concurred. It was moved by Glen Christensen, second by Larry Smith and carried by acclamation to appoint Art Flannagan Chair for 1984. As the first order of business, Larry Smith moved to approve the minutes of a regular meeting held February 14, 1984, copies of which had previously been distributed to the Board. Second by Glen Christiansen, and upon vote carried. (No meeting was held in March, 1984 as no petitions were filed.) 84-4-4 (Map 4) Residential 2924 Kyle Avenue North Douglas Smestad The Petition is for waiver of Section 3A.06(1) for 13 feet off the required 35 foot front setback to a distance of 22 feet from the front lot line on Kyle to the proposed garage addition at it's closest point. p�� C.� Board of Zoning Appeals Page 2 April 10, 1984 Mr. and Mrs. Smestad were present. Consent had been obtained from all adjacent properties. None were present. Mr. Smestad explained his proposal noting that at the present time he has a very small single attached garaye and because of the topography at the rear of this property and his location adjacent to side lot lines, he has no other alternative for garage expansion. The two properties next north of Mr. Smestad, 2936 and 2940 Kyle were dis- cussed as they had recently received similar approval . Glen Christiansen commented on those properties and how well they had worked out and the improvement they made to the neighborhood both in structural appearance and in garaying off-street for the automobiles. Mahlon Swedberg said that in viewing the property, he could see no alternatives as the property drops off severely to the rear and as demonstrated on adjacent properties, these are unique situations . Lloyd Tubman noted the topography and said the precedent appears to have been set in this area in resolving the hardships as described. Mahlon Swedberg moved to approve the waiver as requested and described the garage proposed as the minimum possible for a two-vehicle garage and again referring to the hardship of topography unique to the property. Second by Larry Smith and upon vote carried unanimously. 84-4-5 (Map 20) Residential 1423 Aquila Avenue North Jay Eisenberg The Petition is for waiver of Section 3A.06(1) for 29.7 feet off the required 35 foot front setback to a distance of 5.3 feet from the f ront lot line on Winsdale to the proposed room addition and deck. Mr, and Mrs. Eisenberg were present. Consent had been obtained from the required adjacent properties. None were in attendance. This is a small corner lot. The house was constructed in 1948. A setback of 35 feet is required on two sides (Aquila and Winsdale). At the time of construction, the Zoning Code provided that should the requirement of 35 feet setback exist on two sides of a lot, it should not prohibit construction of a home less than 20 feet in width or depth. Following that provision, a home was constructed which has an Aquila address, but basically fronts on Winsdale and is presently set back from Winsdale 20.3 feet. ��3 � �� �' Board of Zoniny Appeals Page 3 April 10, 1984 Mr. Eisenberg described in detail the present configuration of the home, its small galley-type kitchen and lack of dining area. He said the pro- posed room addit�on and a deck which would be 5.3 feet from the front lot line would alleviate the limited space and would not create in his opinion a problem to adjacent properties. He described the surrounding area. Mahlon Swedberg said that the home as constructed is already almost 15 feet closer to the front lot line than the 35 feet as required. The difficulty also is that in constructing under the previous ordinance, the house was shoehorned in to meet the minimum reyuirements so the lot could be built on. The result is the limitation the first and all sub- sequent owners are faced with. Swedbery described the variance requested as beyond any reasonable deyree and overwhelms any favorable consideration in his opinion. Glen Christiansen expressed his concern for the �recedent any approval of this magnitude would set. He asked how important was the deck, for if it was removed, then the proposed room addition would be 10.3 feet from the front lot line. Mr. Eisenbery said that could be possible. Larry Smith said a hardship for the owner when inside the house does not appear to be a valid consideration for approval compared to topography. The lot size is the problem and it is overbuilt on as it exists. Following considerable discussion on the deck and other alternatives, including possible expansion toward Aquila, Glen Christiansen moved to approve a waiver to within 10.3 feet from the front lot line on Winsdale to the proposed room addition without the deck. The motion failed for lack of a second. Mahlon Swedberg then moved to deny the waiver a� requested, noting the house was uniquely designed for the lot when built and the characteristics and limitations are a part of that. Second by Lloyd Tubman and upon vote carried unanimously. Mr. Eisenberg was made aware of the appe�l process to the City Council should he decide to do so. ���= Board of Zoning Appeals Page 4 April 10, 1984 84-4-6 (Map 9) Residential 5201 Circle Downs Richard Kaitz The Petition is for waiver of Section 3A.10(1) for 3 feet off the required 5 foot side and rear setback to allow a detached garage to be constructed within 2 feet of the south lot line and 2 feet from the west lot line at the rear of the lot. Mr. Kaitz was present. Consent had been obtained from adjacent properties. No others were present. Mr. Kaitz described his present home which has an attached garage. He said he would like the additional storage for his boat and other vehicles. He described the area that abuts his rear lot line as zoned multiple. The garage would be constructed with an exterior similar to the house. Mahlon Swedberg questioned why Mr. Kaitz proposed to construct so close to the lot line. Mr. Kaitz responded that he has a maple tree that he did not want to move. Art Flannagan said he could see no justifiable hardship because of a tree noting that the size of the tree is one that could conceivably be relocated by a landscape professional . The Board continued a lengthy discussion which included the possibility of reducing the size of the proposed 26 x 25 feet garaye. During the discussion, Mr. Kaitz said that he was not sure exactly what adjust- ments he could made as the tree was not located by survey measurements and he would rather investigate the tree location and the relations of the garage to that and the pool in his rear yard. Glen Christiansen moved to deny the waivers as requested. Second by Mahlon Swedberg. Following further discussion on the motion, Glen Christiansen withdrew his motion and Mahlond Swedberg his second. Glen Christiansen moved to defer this request to the next regular meeting in May to allow Mr. Kaitz to further explore any alternatives . Second by Swedberg and upon vote carried. � �'-� C_,r ,��:� Board of Zoning Appeals Page 5 April 10, 1984 84-4-7 (Map 18) Industrial 6980 Wayzata Boulevard East Side Louisiana) James Lupient The Petition is for waiver of Section 7 .05 (yard requirements) and 13.07(c) (requirements for curb and gutter on parking l ots) for 3 feet off the required 35 feet of landscape area along the north lot line to a landscape area as it now exists of 32 feet in width, for 14 feet off the required 35 feet of landscape area along the west lot line to a landscape area of 21 feet in width as it now exists from the northwest corner and south for 230 feet, and for waiver of the requirement of curb and gutter around the parking lot as it now exists. (Parking area will be blacktopped in accordance with design standards.) 84-4-8 (Map 18) Industrial 7000 Wayzata Boulevard James Lupient The Petition is for waiver of Section 7 .05 (yard requirements) and 13.07(c) (requirements for curb and gutter on parking lots) for 13 feet off the required 35 feet of landscape area along the east lot line to a landscape area of 22 feet in depth as it now exists, for 23 feet off the required 35 feet of landscape area along the north lot line to a landscape area of 12 feet in depth as it now exists, for I0 feet o�Ff the requ�red 10 fee�`o�F landsca.pe area along the west lot line as it now exists, and �1�>'�' i 1; 1 Board of Zoning Appeals April 10, 1984 Page 6 for waiver of the requirement of curb and gutter on the site as it now exists. (Lot to be blacktopped in accordance with design standards.) Mr. Lupient and Mr. Steve Swartz were present for the meeting. No others were in attendance on this proposal . The Board has had an opportunity to review all the recent Planning Commission actions on the Conditional Use Permits. The waivers presently sought are similar to those previously denied by the Board of Zoning Appeals in May, 1980. Mr. Steve Swartz represented Mr. Lupient. He described that since the recent Planning Commission's actions on the Conditional Use Permits for these locations, things had changed dramatically. The automobile business had experienced an overwhelming increase in business which resulted in saturation of the sites by automobiles. Mr. Swartz said they had recently met with City staff and they realized they were going to have to reassess their previous proposals as they relate to the conditional uses and they needed some reasonable time to do so as they want to present a solution that will comply with City requirements. Mr. Swartz reviewed in detail the three phases of site plans that had been presented and he described the limitations and hardship he feels occur as a result of the proposed I-394 construction. Larry Smith moved to defer this proposal to the next regular meeting in May, 1984. Second by Lloyd Tubman and upon vote carried. Mahlon Swedberg noted the properties are presently non-conforminy and apparently have been, at least since the last time this had been before the Board in 1980. 84-4-9 (Map 13) Commercial 5530 - 5612 Wayzata Boulevard Undestad Investment Co. The Petition is for waiver of Section 5.06 (yard requirements) for 25 feet off the required 35 foot landscape area along old Wayzata Boulevard to a distance of 10 feet from the lot line to the proposed parking area at it's closest point, and for 8 feet off the required 10 feet of landscape area along the north lot line at the turnaround area at it's closest point. At the requ�st of tb� proponent and prior to the meeting date, this item was withdrawn from the agenda. � �- � � �� Board of Zoning Appeals Page 7 April 10, 1984 84-4-10 (Map 4) Residential 2913 Perry Avenue North Edward M. Frary The Petition is for waiver of Section 3A.06(3) for 6.4 feet off the required 14.8 foot side setback to a proposed distance of 8.4 feet from the south lot line to the proposed yarage addition. Mr. Frary was present. Consent had been obtained from all adjacent properties. No others were present for this waiver request. Mr. Frary described his narrow single-attached garage and said his proposed addition is the very minimum possible for two cars. He also described the topography of his lot and felt the effect on his neighbor was minimal . Mahlon Swedberg described this proposal as similar to others, where the Board has granted approval noting the construction limits of the existing homes, the topography and generally the upgrading and improvement not only to the property but the neighborhood. Mahlon Swedberg moved to approve the waiver as requested. Second by Glen Christiansen and upon vote carried. Glen Christiansen discussed with the Board his intention of relocating to Phoenix, Arizona now that he has retired. He recalled the pleasure and satisfaction he experienced over the many years having served the community both on the Planning Commission and Board of Zoning Appeals. Glen said he would be submitting his resignation in the near future to the Mayor and City Council . The Board acknowledged the many years Glen has generously given of his time to Golden Valley and the valuable and dedicated service he has performed. They wished him well , however regret his leaving. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:40 P.M. :� � � ✓ a Art Flannagan, Chairma oyd G. Becker, ecretary