12-11-84 BZA Minutes �.:e:�' —.� � .
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MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
December 11, 1984
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, December 11, 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, Art Flannagan
Gary Prazak
Mahlon Swedberg
Larry Smith
Herb Polachek (alternate)
Absent by prior arrangement, Mike Sell .
The first order of business was approval of the minutes of a regular meetiny
held November 13, 1984, copies of which had previously been distributed to the
Board. Larry Smith moved to approve the minutes as written and presented.
Second by Gary Prazak, and upon vote carried.
84-12-36 (Map 14) Residential
7500 Winnetka Heights Drive
Dr. Paul Larson
The Petition is for waiver of Section
3A.06(3a) side setback for 3 feet off the
required 15 feet side setback to a
distance of 12 feet from the west
lot line to the proposed fireplace.
The petition was in order. Consent had been obtained from all adjacent pro-
perties. None were present. Dr. and Mrs. Larson were present.
The existing home and detached garage all conform to the current Residential
Zoning Code. The house is 15 feet from the west lot line as required and the
proposed fireplace when added to the side of the house would project 34 to 36
inches into the reyuired setback.
Dr. Larson explained his proposal noting that for other structural con-
siderations and locations of living areas the fireplace could not be located in
another area. The eaves of the house overhang 20 inches as permitted so the
fireplace for its width would be approximately an added 14 inches.
Mahlon Swedbery noted that this is an accessory. added to the home rather than
additional habitable area and that to him it did not appear to have any physical
or visual effect on surrounding properties nor was it a controversial item.
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Board of Zoning Appeals
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December 11 , 1984
Larry Smith noted the current composition of the home and room locations and
structural considerations that affect locating the proposed fireplace else-
where. Following further discussion on the type of fireplace unit, Mahlon
Swedberg moved to approve the variance for the fireplace only as requested.
Second by Larry Smith and upon vote carried.
Second by Larry Smith and upon vote carried.
84-12-37 (Map 16) Residential
1039 Rhode Island Avenue North
Darwin Nitz
The Petition is for waiver of Section
14.02 non-conforming uses or structures
to allow for an addition to the
existing home and for Section
3A.06(1) front setback for .1 feet off the
required 35 feet from Rhode Island
Avenue to the existing house at its
closest point and for 15 feet off the
required 35 feet from Phoenix Street
to a distance of 20 feet from the
lot line to the house at its closest
point as it now exists.
jhe petition was in order. Consent had been obtained from all adjacent
properties. Mr. Nitz and his contractor were present. No others were
in attendance for this proposal . Lloyd Becker, Secretary and BZA staff
liaison reviewed the characteristics of the adjacent neighborhood for the
Board. This home has a Rhode Island address, is on a corner lot and actually
� faces Phoenix. For a distance of three blocks, east from Winnetka Avenue,
the blocks consist of only two houses and all are actually corner lots
(35 feet required on two sides) . Most of the lots are 59 feet in width.
Many of the homes front on Phoenix to take advantage of the lot of
approximately 130 to 144 feet. Most of the homes exist at 20 to 22 feet
depth from Phoenix.
While no record exists for variance of the 35 foot requirement for this
property, research of the files for adjacent homes reflected a variance being
granted to a distance of 21 feet from Phoenix for a home two addresses west of
this proposal . In the minutes for the address where a variance was granted,
it noted "other homes already constructed in the area at or near the 21 foot
setback". In the absence of any official approval for Mr. Nitz's home, it
exists as a legal non-conforming structure and any addition would require
approval through a variance.
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Board of Zoning Appeals
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December 11 , 1984
Mr. Nitz' s constructor noted the very small kitchen and dining area in the
existing home. Ne described the addition as being in line with the present
home and conforming in all other areas for setback.
Mahlon Swedberg questioned why the foundation had been started? The contractor
said because of the weather and with approval of the owner they took a chance
fully recognizing that no building permit could be issued and the possibility of
not receiving approval . They risked the loss rather than miss the opportunity
to provide footings without the problems of frozen ground, etc. Mahlon
°Swedberg noted some years past a similar situation occurred and the variance had
not been granted.
Larry Smith noted the unusual characteristics of the three block area where
most of the homes front on Phoenix and also have the hardship of narrow lots
at 59 feet and faced with the 35 foot setback on two sides. This leaves no
other alternatives for expansion in accordance with the Zoning Code. Smith
said it appeared reasonable based on other approvals reducing front setback in
the area that Mr. Nitz be allowed to add the proposed addition in line with the
present setback of the house. With no other alternatives available, Larry Smith
moved to approve the waiver as requested. Second by Herb Polachek and upon vote
carried.
The Board asked for and Lloyd Becker provided an update on current and proposed
development within the community.
There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn at 8:50 P.M.
Art Fiannagan, Chairman Lloyd . ec er, Secretary