05-14-85 BZA Minutes ���
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
May 14, 1985
The regular meeting of the Golden Valley Board of Zoniny Appeals was held
Tuesday, May 14, 1985, 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
Mike Sell
Herb Polachek (alternate)
Absent by prior arrangement, Chairman Larry Smith, Margaret Leppik and
Mahlon Swedberg.
As past chairman, Art Flannayan convened the meeting.
The first order of business was approval of the minutes of a regular meetiny
held April 9, 1985, copies of which had previously been distributed to the
Board.
Mike Sell moved to approve the minutes as written and presented. Second by
Herb Polachek and upon vote carried.
85-5-7 (Map 15) Residential
1620 Florida Avenue
James and Margaret Valkevich
The Petition is for waiver of Section
3A.06(1) front setback for 13.7 feet off the
required 35 feet to a distance of
21.3 feet from the north lot line
(Hampshire Place) to the proposed
garage addition at its closest point,
and to provide for a fully conforming
room addition at the rear of the
existing structure.
Mr. and Mrs. Valkevich were present. Consent had been obtained from all
adjacent neighbors. No others were present.
This is a corner lot on an unusual intersection. The lot is large especially
in depth. However, the lot lines curve and narrow toward the rear. The 35
foot setbacks on two sides substantially limit any other construction on the
site. Approximately 65 percent of the lot comprises the required setback
area. The site was checked by the City engineering personnel for corner
visibility if the proposed addition was added and it is not a problem. Mr.
Valkevich explained that the addition to the rear is actually in place and
was built in conformance with the Zoning Code.
Board of Zoning Appeals ���
Page 2
May 14, 1985
Mike Sell noted he was familiar with the area and the corner intersection.
He felt the 6 feet added to the garage was reasonable as it would provide
for only the minimum in width for a two-car garage. (Present garage is
single stall ) . Art Flannagan agreed and it appeared to be a definite
improvement of minimum proportions.
Noting the configuration of the lot and the topography and the hardship
imposed by this plus the required 35 foot setback on two sides of the lot
and the lack of any reasonable alternative, Mike Sell moved to approve
the waiver as requested. Herb Polachek seconded the motion and acknowledged
Mike Sell 's observations, Upon vote, motion carried to approve.
85-5-8 (Map 20) Residential
4414 Sunset Ridge
Leslie Erickson
The Petition is for waiver of Section
3A.06(3)A side setback for 5.4 feet off the
required 15 feet side setback to a
distance of 9.6 feet from the east
lot line to the proposed garage
addition.
Mr. and Mrs. Erickson were present. Consent had been obtained from all adjacent
properties. No others were present. Mr. Erickson explained to the Board that
his present single-car garage is a "tuck under" of minimum proportions. The
existing house is built on a lot with extreme topography to the rear which
drops rapidly to a pond below and prohibits any other construction alternatives
on the site.
The proposed addition to the existing "tuck under" requires excavation and remo-
val of a three-tier retaining wall . The yarage is set on an angle and the
waiver request is only to the closest point, and parts of the garage actually
would be in compliance.
Mr. Erickson's ad,�acent neighbor most affected fully approves and he feels
with the wall removed it would have the appearance of more open area along the
side lot line.
Herb Polachek noted the placement of the existiny home, the hardship of the
extreme topography to the rear and with the lack of any other alternatives, he
felt the request was reasonable. Mike Sell said he agreed with Polachek's com-
ments and observation.
Herb Polachek moved to approve the waiver as requested. Second by Mike Sell
and upon vote carried.
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Board of Zoning Appeals
Page 3
May 14, 1985
85-5-9 Map 20) (Residential )
1301 Mandan
Loren S. Sederstrom
The Petition is for waiver of Section
3A.06(2) rear setback for 20.8 feet off the
required 28.8 feet of rear yard
to a distance of 8 feet from the
rear lot line to the proposed
yarage addition.
Mr. Sederstrom was present. Consent had been obtained from adjacent neighbors.
None were present. Mr. Sederstrom explained that he built his house in 1978.
The Board of Zoning Appeals approved a waiver of the requirement for an area
for a garage when this house was built because of the extreme topography. The
house is 35 feet above Mandan to its living room floor. The present access
is now from the rear (Boone Avenue) .
After building the present home, Mr. Sederstrom obtained some additional
property adjacent to him and while too small to be buildable, it provided
him vehicle access to the property. He now proposed to attach a garage to
the house. The house, because of topography, is placed toward the rear of
the lot from Mandan and the requirement for 20 percent of the lot depth creates
a "hardship" and without a waiver prohibit building a reasonable garage.
Mr. Sederstrom said he hired an architect who drew plans so the attached garage
would be compatible both in materials and appearance to the present house. He
showed the construction plans and elevations to the Board. Mike Sell said he
knows the property and it was almost an unbuildable lot to begin with. He
said it appeared to him that Mr. Sederstrom had done a lot of work to construct
there and there is no other place to build on the lot. Sell also pointed out
that the size of the garage is minimum for two vehicles. Herb Polachek said
this is probably one of the most extreme examples of difficult topography
built on in the city.
Mike Sell moved to approve the waiver as requested. Second by Mike Sell and
upon vote carried.
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Board of zoning Appeals
Page 4
May 14, 1985
85-5-10 (Map 15) Residential
1430 Kelly Drive
Dan and Karen Albrecht
The Petition is for waiver of Section
3A.06(3)b side setback for 6.9 feet off the
required 12.7 foot side setback to
a distance of 5.8 feet from the
south lot line to the proposed deck and
addition at its closest point.
The petition was in order. Consent had been obtained from adjacent properties.
Mr. and Mrs. Albrect were present. The existing house has a deck to the rear
approximately 12 feet by 12 feet. The lot slopes on the sides and to the rear
a�most to the depth of the basement. Mr. Albrecht explained that presently to
reach the rear deck you have to go through the house and living room. Ne
proposes adding a deck and walkway on the side. Patio doors would open onto
the side deck and the walkway would provide access to the rear deck also. He
described that he wanted the side deck for a picnic table and sunning and
possibly enclose at sometime the rear deck with screening similiar to a three-
season porch.
Mike Sell suggested, rather than such a substantial intrusion into the side
setback with the proposed deck, that the patio door be installed and a walkway
built to reach the rear deck and then expand the size of the rear deck. Mrs.
Albrect described the trees to the rear and the nuisance of leaves, insects,
etc. , from them and they would like to enclose the rear deck but have a side
deck open. Art Flannagan questioned whether the atmosphere was really that
different in the distance between the rear of the house and the proposed side
deck. Herb Polachek felt he would look favorably on a 3 foot wide walkway to
the rear deck but would find it hard to justify as a hardship such a wavier as
requested.
After considerable more discussion, Mike Sell suggested possibly the Albrecht's
consider reversing the figures requested in the waiver to a deck 5.8 feet in
width and a 3 foot wide walkway to the rear. After some further deliberation
and consideration by the Albrects, Mike Sell moved to approve a waiver to allow
a deck 5 feet in depth to be constructed to within 8.8 feet of the side lot line
including a walkway 3 feet wide to the existing rear deck. Herb Polachek
seconded the motion and upon vote carried.
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Board of Zoning Appeals
Page 5
Mary 14, 1985
85-5-11 (Map 8) Residential
401 Meadow Lane
(Empty corner lot at Beverly Avenue &
Meadow Lane northwest corner)
Robert Lang
The Petition is for waiver of Section
3A.06(1) front setback for 15 feet ofif the
required 35 feet f rom Beverly Avenue
to the front porch of the proposed
dwelling to a distance of 2U feet
from the lot line at its closest
point, and for
10 feet off the required 35 foot set-
back from Meadow Lane to a distance
of 25 feet from Meadow Lane to the
proposed dwelling at its closest
point, and for
15 feet off the required 35 feet from
Meadow Lane to a distance of 20 feet from
Meadow Lane to the detached garage as it
now exists. (Previous house on this lot
was destroyed by fire.)
The petition was in order. Consent had been obtained except from the adjacent
neighbor at 4108 Beverly.
This is an empty corner lot. The previous dwelling was destroyed by fire
several years ago. An existing detached garage exists at the north end of the
lot and received a waiver in 1959 to construct the garage at 20 feet from
Meadow Lane. The property consists of two lots of approximately 40 feet in
width each. The previous house existed previously on one lot closest to Meadow
Lane.
Mr. Lang described his proposed house using both lots for a combined width of
approximately 80 feet. Because of the topography and because of several large
trees and also the requirements of a 35 foot setback on two sides, he is
requesting a variance of 15 feet off Beverly Avenue to a distance of 20 feet
at its closest point to the proposed house (lot line on Beverly is on an angle),
and for 10 feet off the required 35 feet from Meadow Lane to a distance of
25 feet from Meadow Lane. Mr. Lang discussed the trees he would like to save
on the lot that were in the area of the previous house. He reviewed the con-
struction plans. The proposed dwelling has 1 ,000 square feet on first floor and
approximately 900 square feet on the second floor.
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Board of Zoning Appeals
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Page 6
May 14, 1985
Followiny a lengthly discussion about the topography and existing trees and the
relationship of the existing garage that fronts on Meadow Lane, Herb Polachek
moved for approval of a waiver for l0 feet off the required 35 feet from
Beverly to a distance of 25 feet from the ]ot line at its closest point and
for 10 feet off the required 35 feet from Meadow Lane to a distance of 25 feet
from the lot line to the proposed house. There was no second but discussion
continued. Mike Sell noted that the existing garage basically sets the line
from Meadow Lane and suggested moving the house 5 feet further north from
Beverly and approving the waiver as proposed from Meadow Lane. Sell noted
that the proposed house has an 8 foot offset on the Meadow Lane side and
not the whole house would be that distance.
Herb Polachek subsequently withdrew his previous motion and moved to approve
a waiver for 10 feet off the required 35 feet from Beverly to a distance of
25 feet from the lot line to the house at its closest point and for 15 feet
off the required 35 feet from Meadow Lane to a distance of 20 feet to the
proposed house at its closest point. Mike Sell seconded the motion noting
the topography of the lot, the 35 foot setback on two sides and also that
the setback from Meadow Lane is consistent with the existing garage.
Art Flannagan called the vote and it was unanimous for approval .
85-5-12 (Map 8) Residential
3906 Glenwood Avenue
(Note: This house located at rear of
3900 Glenwood and currently provided
access by easement at that address)
Warren Martin Stellmacher
The Petition is for waiver of Section
3A.06(1 ) front setback for 8 feet off the required
35 foot setback from the north lot line
to a distance of 27 feet from the lot
line to the proposed garage addition.
Mr. Stellmacher was present. Consent had been obtained from all adjacent
properties. Several days prior to the meeting, Mr. Stellmacher had submitted
a modified proposal that substantially reduced the waiver requested.
As noted on the agenda, the present home is located on a lot to the rear of
3900 Glenwood. This lot also abuts a portion of Roanoke Circle on the north
side. On this north side, there is a 20 foot wide by 75 feet deep utility
drainage easement along the neighbor's lot line abutting Mr. Stellmacher.
This is a gravel surface and is used as driveway by the neighbor. Mr.
Stellmacher has reached agreement with the neighbor to acquire access to his
property also over this easement.
Mr. Stellmacher has approval from the City Engineer for street access over the
utility easement provided all costs and improvements are assumed by the pro-
ponent.
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Board of Zoning Appeals
Page 7
May 14, 1985
Mr. Stellmacher described his present proposal to construct a 24 x 24 foot
attached garaye on the west side of his existiny house and his revised request
is for 2 feet off the required 15 feet from the west lot line to a distance
of 13 feet to the proposed garage. Based on revised survey data, he said
it probably would be only 11 inches that he would need but he wanted to be
sure he had adequate approval .
The Board thoroughly discussed this revised proposal . The adjacent neighbors
are in full agreement and sugyested this revised proposal to Mr. Stellmacher.
Noting the existing topography as the house is situated and the hardship of
no other reasonable access and that if approved, this brings the house
actually in more conformance for access from a street, Mike Sell moved
to approve the waiver as now requested for 2 feet off the required 15 foot
sideyard setback from the west lot line to the proposed garaye. Second by
Herb Polachek and upon vote carried.
Acting Chair, Art Flannayan, siyned the revised survey and plot plan as
Exhibit A and it will be placed on file as the approved plan.
85-5-13 (Map 11) Business & Professional
1710 Douglas Drive North
Pace Laboratories
The Petition is for waiver of Section
10.051 front setback for 20 feet off the required
35 foot landscape area along St. Croix Avenue
to a distance of 15 feet from St. Croix Avenue
to the proposed parkiny area on this lot at
its closest point, and for Section
10.052(B) side setback for 16 feet off the required
30 foot setback from the interior east
lot line to a distance of 14 feet f rom
the lot line to the proposed building
addition at its closest point, and for Section
10.052(A) for 15 feet off the required 50 feet to the
existing building to a distance of 35 feet from
the south lot line at its closest point, and for
15 feet off the required 25 feet landscape along
the south lot line to a landscape area if 10
feet in width as it now exists along the parking
area, and f or
7 feet off the required 25 foot landscape area
along the east lot line to a landscape area of
18 feet at its closest point to the existing
blacktop parking lot.
�oard of Zoniny Appeals ���
Page 8
May 14, 1985
The petition was in order. Present for the meeting were Mr. John Pope of
Pope Architects, Mr. Steve Vanderbloom, President of Pace Laboratories and
Mr. Phillip 0' Conner, Vice President. Also present were Mr. and Mrs, Eugene
Mapesak, 6145 St. Croix Avenue.
Mr. Pope had architectural graphics of the building with the addition and
new exterior. There was also a site plan that covered the complete area,
the proposed additional parking lot, the small office building owned by
others between Mr. Vanderbloom's building and the proposed parking lot on
the corner. Access is achieved by easement from the parking lot to the
Pace Laboratories.
Mr. Pope explained the small waiver area at the east end of the parking lot
on St. Croix and Douglas Drive. He noted the praperty with the 35 foot
requirement on two sides and the angle of the lot along St. Croix Avenue.
To desiyn two rows of parking, you cannot follow the lot angle because it
narrows and prohibits two full rows of parking with adequate drive space
between.
Mr. Pope also brought attention to the varied lot lines and angles of the
area of the present building. There are several different zoning catagories
that abut this property and they create different setback requirements. The
proposed addition to the building includes an enclosed garage area for some
of the special laboratory vehicles. A relatively small corner on the north-
east side projects into the required 30 foot setback at this point.
The existing small office buildiny between the two properties is presently
vacant and for lease. Art Flannagan asked Mr. Vanderbloom if he had attempted
tQ acquire that property. Mr. Bloom responded that he had done so, however,
the purchase price was many times more than practical or prudent for him to
purchase it. The Board discussed several alternatives and parking con-
figurations.
Mr, and Mrs. Mapesak felt the proposed addition would further detract from
the residential area to the east. They said at the present time loudspeakers
as communication are used outside and are an annoyance especially at 7 :00 A.M.
They also said the proposed addition would eliminate their view from their
house throuyh Pace Laboratory property to Douglas Drive. Mr. Vanderbloom
said they would discontinue use of the loudspeakers and also would do a more
substantial job of maintaining the green area of their property on the side
f acing the Mapesaks.
Art Flannagan said he was concerned that the proponents were trying to build
too much on the present site and he had difficulty with the parkiny area. Mr.
Pope said they would do heavy landscaping along St. Croix and Douglas with ber-
mings and etc. He proposed depressing the parking area in conjunction with
�he landscape and berming. This would lower the visibility of the parked
vehicles. There is storm sewer available on St. Croix and a catchbasin
couid be installed in the lot to collect the rainwater. The present area is
low.
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Board of Zoning Appeals
Page 9
May 14, 1985
Followiny additional comments by Mr. and Mrs. Mapesak and further clarification
by the architect to their questions and concerns, Herb Polachek moved to
approve the waiver as requested noting the hardship and loss of use.able area of
the parking lot because of the 35 foot setback requirement on two sides and the
combination of mixed zoning abutting the property and the difficult lot line
angles. Second by Mike Sell and upon vote carried.
There beiny no further business to come before the Soard, it was upon motion,
second, and vote to adjourn at 9:45 P.M.
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Ar F n a , Cha an Pro Tem oyd , eck� r, Secretary