06-12-84 BZA Minutes ��" �c9
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MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
June 12, 1984
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday,
June 12, 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:
Art Flannagan, Chairman
Mahlon Swedberg
Larry Smith
Donald Hughes (Alternate)
Absent by prior arrangement, Mike Sell and Lloyd Tubman.
The first order of business was approval of the minutes of a regular meeting
held May 8, 1984, copies of which had previously been distributed to the Board.
Larry Smith moved to approve the minutes as written and presented. Second by
Mahlon Swedberg and upon vote carried.
84-6-16 (Map 21) Residential
1101 Orkla Drive
Walter Kost
The Petition is for waiver of Section
3A.06(3) side setback for 6 feet off the required
12 feet to a distance of 6 feet from the
southeast property line to the proposed
garage addition.
Mr. Walter Kost was present. Consent had been obtained from all adjacent
properties.
Mr. Kost described his proposal which is to expand his present attached garage
by adding a 9 foot stall to provide for another vehicle. Construction charac-
teristics of the existing garage require that the present block wall be retained.
Nine foot width of the proposed addition is the absolute minimum width whieh
allows a door on a vehicle to be opened when in the garage. The topography
to the rear prohibits access to the rear of the property if a detached structure
were to be considered. Mr. Kost noted that his lot is only 80 feet wide, but
at the time his home was constructed, a side setback of 15 feet was required.
Present code requirements for a lot less than 100 feet in width require 15
percent of the lot width as side setback which, in this case, would be 12 feet.
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June 12, 1984
This waiver request is similar to Mr. Kost's neighbor to the east, who is also
on the agenda for a similar addition.
Larry Smith noted that a similar waiver had been granted to a property several
lots east of this proposal and when it was completed provided for all vehicles
to be stored inside and also created a very attractive appearance to the
existing home.
Following discussion by the Board on the topography and lack of other
alternatives, Larry Smith moved to approve the waiver as requested and des-
cribed the waiver in keeping and consistent with other similar approvals. The
motion for approval was seconded by Donald Hughes and upon vote carried unani-
mously.
84-6-17 (Map 21) Residential
1049 Orkla Drive
Roy D. Johnson
The Petition is for waiver of Section
3A.06(3) side setback for 6.3 feet off the required
12 foot side setback to a distance of 5.7
feet from the northwest lot line to the
proposed garaye addition at its closest point.
Mr. Johnson was present. Consent had been obtained from all adjacent
properties. This proposal is identical to the previous request of Mr. Kost.
The two properties are adjacent to each other. The lot characteristics are
similar.
Mr. Johnson's addition would provide for an overall garage width of 21 feet,
which is the minimum to provide framing for a door and access for two vehicles.
Mahlon Swedberg commented that this addition was in keeping and similar to
other proposals and both were good improvements to the neighborhood and nice
to see adjacent neighbors work together.
Mahlon Swedberg moved to approve the waiver as requested. Second by Donald
Hughes and upon vote carried.
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June 12, 1984
84-6-18 (Map 15) Residential
1410 Louisiana Avenue North
Kenneth & Elaine Wilson
The Petition is for waiver of Section
3A.06(1) front setback (corner lot) for 1.8 feet off the
required 35 foot setback from Knoll Street to
a distance of 33.2 feet from the lot line as the
house now exists and for 7.8 feet off the
required 35 foot setback from Louisiana Avenue
North to a distance of 27.2 feet from the lot
line to the proposed addition to the house as
it now exists.
Mrs. Wilson was present. Consent had been obtained from all adjacent
properties.
This home is similar to others in this development. A setback waiver
had been granted to all the homes in this area to a distance of 25 feet
from the front lot lines from Louisiana Avenue. This home when
constructed is on a corner lot and when surveyed was found to be located
at 33.2 feet from Knoll Street on the south side of the lot and 35 feet
is required.
The proposed addition to the north is in exact alignment with the
existing house and the request is to provide for an addition that
otherwise conforms.
Following a review of construction details and discussion of surroundiny
properties with similar front setback waivers. Mahlon Swedberg moved to
approve the waivers as requested, which also provide for the present non-
conforming setback of 33.2 feet from Knoll Street as the house now exists.
Second by Larry Smith and upon vote carried.
84-6-19 (Map 6) Residential
1900 Major Drive
Mick & Sandy Lee
The Petition is for waiver of Section
16.00 Flood Plain Ordinance to provide for
construction of a deck area, and
3A.06(3) side setback for 0.33 feet off
the required 15 foot sideyard
setback to a distance of 14.67
feet from the west lot line as
the house now exists, and for
waiver of
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June 12, 1984
3A.06(3) to allow a stairway to be constructed
as part of the deck within the side
setback in accordance with the plot
plan filed with the petition.
Mr. Lee was present. Also present was the contractor for the proposed deck.
Consent had been obtained from all adjacent properties. None were present
for the meeting.
The contractor described that when plans for the proposed deck were submitted
to the City Zoning & Inspection Department, it was found that the existing
home was 0.33 of a foo� non-conforming from the side setback on the west lot
line at 14.6 feet (15.0 feet required) . The proposed deck was also found
to be in a f�ood plain area.
The owner and the contractor submitted the plans for review to the Bassett Creek
Flood Control Commission and at a regular meeting of the commission, it was
determined that based on the construction characteristics of the deck, it would
be located above the management envelope of Sweeney Lake and no storage volume
would be lost. Therefore, this proposal is consistent with the policies of the
watershed management plan for Sweeney Lake. This was substantiated by a letter
from the commission to City Engineer, Lowell Odland, and was placed on file for
this address.
Following further review of the plans for the deck and connecting stairway,
Larry Smith moved a three-part motion for approval , based on the following:
1 . Noting that written approval had been received and placed on file
from the Bassett Creek Water Management Commission.
2. Noting that the setback requirement for the deck, as proposed, is
less than a foot as the building now exists and any effect is
minimal , if any.
3. Noting that the connecting stairway within the side setback is a
minor intrusion, neccessary to provide access, and no more signi-
ficant than a sidewalk in a setback.
The motion was seconded by Donald Hughes and upon vote carried.
Present in the audience at this meeting was Dr. Gary E. Garvis and Mrs. Garvis,
2305 Cavell Avenue North.
Dr. Garvis had submitted a waiver request after the cut-off date for the agenda.
Dr. Garvis described that when application for a building permit for the pro-
posed addition was made, it was found that a small "sliver" approximately
6 inches of one corner intruded into the required 35 foot setback from 23rd
Avenue North.
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June 12, 1984
Dr. Garvis has streets on two sides requiriny 35 foot setbacks. Dr. Garvis
explained that the signatures he had obtained from all six surrounding pro-
perties provided for unanimous consent, waiving the required written notice,
and acknowledging that all parties had no objection should the Board consider
this matter at the June meeting.
The request was discussed by the Board, the letters of all adjacent properties
were examined. Chairman Flannagan asked for the Board's determination.
Donald Hughes moved to add this item to the agenda. Second by Mahlon Swedberg
The secretary was instructed to have the agenda amended and the minutes reflect
this as part of the regular meetiny of June 12, 1984.
84-6-20 (Map 19) Residential
2305 Cavell Avenue North
Dr. Gary Garvis
The petition is for waiver of Section
3A.06(1) front setback for 6 inches off the required
35 foot setback from 23rd Avenue to the
proposed addition at its closest point.
Dr. Garvis further described that had he not had the opportunity to be
heard, he would have lost his contractor for this summer and he would
have incurred unnecessary financial expense and personal hardship. To
cut a small corner off the room or reduce the side by 6 inches would have
created construction problems. The room addition had been designed as
small as possible to fit within the requirements of the Zoning Code.
Following detailed discussion of the construction characteristics and the
need for some latitude for placing the foundation, the Board felt there should
be a parameter established which would not require the proponent to come back
to the Board should a final survey show the corner to be 7 or 8 inches into the
setback.
Mahlon Swedberg moved to approve a waiver of one foot off the required 35 feet
setback from 23rd Street to a distance of 34 feet from the lot line to the
addition at its closest point. In doing so, Swedberg noted the configuration
of the lot which requires two 35 foot setbacks and that both of the lot lines
abutting 23rd Avenue and Cavell Avenue are angled which created a condition that
two sides of the existing home are not exactly parallel to the street they abut.
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June 12, 1984
Donald Hughes seconded the motion and upon vote carried.
The Board asked the Secretary to review present and upcoming construction in the
City and this was done.
There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn at 9:00 P.M.
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Art Flannagan, Chairman L oyd G. Becker, Secretary