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05-08-84 BZA Minutes ��� MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS May 8, 1984 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, May 8, 1984, at 7 :3U P.M. in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Chairman, Art Flannagan Lloyd Tubman Mike Sell Mahlon Swedberg Donald Nuyhes (alternate) Absent by prior arrangement, Larry Smith. The first order of business was approval of the minutes of a regular meetiny held April 10, 1984, copies of which had previously been dis- tributed to the Board. Mike Sell moved to approve the minutes of the April 10, 1984 meeting as written and presented. Second by Mahlon Swedberg and upon vote carried. 84-4-6 (Map 9) Residential 5201 Circle Downs Richard Kaitz (Deferred from April ) The Petition is for waiver of Section 3A.10(1) for 3 feet off the required 5 foot side and rear setbacks to allow a detached garage to be constructed within 2 feet of the south and west lot lines. Mr. Kaitz was present and further explained his proposed detached garage This item had been deferred from the previous meeting to allow the pro- ponent to prepare further details and to explore alternatives for the location of the structure. The property had been surveyed to accurately locate the maple tree that had interfered with placement of the garage. Elevations were also provided alony with additional pictures of Mr. Kaitz's property and the abutting dwellinys. �� -i.--, �; �. _. �oard of Zoning Appeals Page 2 May 8, 1984 The property to the rear is a large open space zoned multiple dwelling and there are two apartment buildings located there. The land is low and at the present time standing water is in some areas. Mr. Kaitz's lot slopes quite rapidly toward the rear lot line and he described that for every foot he moved forward from the rear lot line, the elevation of the garage came up about a foot and he was concerned about the appearance and height. He said he could not have a commercial tree firm come in on his property to move the tree because the soils are so soft and wet they cannot support that type of equipment. Followiny further discussion by the Board on the size of the garage, the proposed storage within and etc. , Mike Sell moved to grant a waiver of two (2) feet off the required five (5) foot setback from the south and west lot lines to a distance of three feet on both sides to the proposed garage. Sell noted the topography and soil conditions affecting the site. Second by Lloyd Tubman. During discussion on the motion, Mahlon Swedberg asked Mr. Kaitz to review the elevations and soil conditions. Swedberg subsequently noted that on the basis of keeping the profile of the yarage lower and on the topo- graphy, soil conditions and at present, standing water, he could support the waiver as now amended to three feet from the lot line. The chair called the vote and the motion to approve the waiver for two (2) feet off the required five (5) foot setback carried unanimously. 84-5-11 (Map 9) Residential 820 North Tyrol Trail Wendell E. Holmquist The Petition is for waiver of Section 14.02 of the Zoning Code (non-conforming structures) to allow a kitchen addition that fully conforms to be added to the rear of the existing house. Mr. Holmquist was present. Consent had been obtained from all adjacent properties. Mr. Holmquist explained the proposed addition to the kitchen which is very minimal (20 inches at maximum) and to the rear of the house. The Board noted that this waiver is more of a technicality of the Zoning Code for non-conforming structures. Mahlon Swedberg moved to approve the waiver as requested, notiny there is minimal if any effect, on any properties. Second by Mike Sell and upon vote carried unanimously. f a '`�: °�.^�::' o�ar�a ot Zoni ng Appeal s Page 3 May 8, 1984 84-5-12 (Map 16) Residential 1111 Idaho Avenue North David P. Leba The Petition is for waiver of Section 3A.06(3) side setback for 7 feet off the required 15 feet sideyard setback to a distance of 8 feet from the south side lot line to the proposed garage addition at its closest point. Mr. and Mrs. Leba were present. Also present was Mr. John Quist, the adjacent neighbor at 1101 Idaho Avenue and Mr. Bruce Jeide, a neighbor directly across the street at 1100 Idaho Avenue North. Mr. and Mrs. Leba explained their proposed addition to the Board and that it was minimal to provide for two cars. The present single garage area is approxi- mately 12 feet wide. Mrs. Leba described a closet area that presently projects into the yarage and limits the depth for an automobile. Mr. Bruce Jeide said while he doesn't object to a variance, he felt the garage could be made smaller and that there was more room in the present garage than had been described. He also said that the addition would block some of his view around the present house to the golf course behind. Mr. John Quist, the neighbor who directly abuts the side of the proposed addition, said he basically did not object to it. However, he was in atten- dance to make sure he fully understood where the limits of construction were and to see if it may be reduced to within minimum practical limits. During this discussion, it was agreed by the proponents to reduce the variance requested by a foot and a half to a proposed distance of nine and one half feet from the south lot line which would allow a 12 foot addition. Following additional discussion by the Board with Mr. Quist, Mr. Jeide and Mr, and Mrs. Leba, Mahlon Swedberg moved to approve a waiver of five and one half feet off the required 15 foot side setback to a distance of nine and one half feet from the south lot line to the proposed garage addition at its closest point. (Lot line angles and about mid point garage conforms) . Second by Mike Sell . Further discussion occured and Donald Hughes moved the question on the motion. The chair called the vote and it was unanimous for approval . ��� � � -_ Board of Zoning Appeals Page 4 May 8, 1984 84-5-13 (Map 4) Residential 3048 Kyle Avenue North John E. D. Moreira The Petition is for waiver of Section 3A.06(1 ) front setback for 15 feet off the required 35 foot front setback to a distance of 20 feet from the front lot line to the proposed new dwelling. 84-5-14 (Map 4) Residential 3100 Kyle Avenue North Thomas Barnes The Petition is for waiver of Section 3A.06(1) front setback for 15 feet off the required 35 foot front setback to a distance of 20 feet from the front lot line to the proposed new dwelling. John Moreira and Thomas Barnes were present. No adjacent property owners were in attendance. The two lots abut each other and have similar extreme topography problems. Chairman Flannagan suyyested addressing both requests simultaneously as they were identical in topography and in waivers requested. The proponents agreed and the Board concurred. Staff liason, Lloyd Becker, provided the Board with surveys of adjacent properties that presently have homes built on them. Waivers were previously granted for front setback along most of the east side of Kyle Avenue in that area. The waivers on record were an averaye of 10 feet of.f the required 35 feet to a distance of 25 feet from the front lot line. Mr. Moreira described the proposed construction and said he will use structural and soils engineers for design and supervision, Mike Sell said he observed the lots and they have the most severe drop off to the rear in that area, will be very difficult to build on and should result in a house befitting the expense of piling and structural considerations necessary. To get a home of quality he would support a setback of 2U feet. Sell described his observation of the grade going up Kyle Avenue to the north and noted that the lot line angles so the combinations of both should not make the proposed homes stand out or upset a1ignment with adjacent properties. Don Hughes noted the homes across the street are up on a hill and would overlook this proposal . r;; `� �oard of Zoning Appeals f '� -� Page 5 May 8, 1984 Mike Sell moved to approve the waiver as requested for 3048 Kyle Avenue (Lot 17) . Second by Donald Hughes and upon vote carried. Donald Hughes moved to approve a waiver as requested for 3100 Kyle Avenue (Lot 18) . Second by Mike Sell and upon vote carried. 84-5-15 (Map 17) Residential 582U Kinyston Circle Robert and Terri Cox The Petition is for waiver of Section 3A.06(1) front setback for 24 feet off the required 35 feet setback from the south lot line to a distance of 11 feet from the south lot line at its closest point to the proposed swimming pool . (South lot line abuts Highway 55 service road and requires a 35 foot setback.) Mrs. Cox was present. Also in attendance was the contractor for the proposed pool . No adjacent neighbors were present. Consent had been obtained from all adjacent properties. The contractor described the pool and the hardshi� of a 35 foot setback required on both the front and back of the property for a total of 70 feet of the lot restricted by setback. A previous waiver had been granted for the existiny home alony the north side of the lot that abuts Highway 55. The Board noted that the area for the proposed pool is totally enclosed by decorative masonry walls and there is no visible effect to any adjacent pro- perties. Mahlon Swedberg said he had also viewed the site and found it totally non-controversial . Adjacent properties have similar wall enclosures. Mahlon Swedbery moved to approve the waiver as reyuested. Second by Lloyd Tubman. The Board discussed several administrative items. The secretary gave an update on current and proposed construction in the city. At 9:15 P.M. , Mike Sell moved to adjourn. Second by Mahlon Swedberg and upon vote carried. � y( A'� Art Flannagan, Chair n Lloyd G. Becker, Secretary