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08-13-85 BZA Minutes � o � MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS August 13, 1985 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, August 13, 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: Chairman, Larry Smith Margaret Leppik Mahlon Swedberg Mike Sell Donald Singer (alternate) Absent by prior arrangement, Art Flannagan. The first order of business was approval of the minutes of a regular meeting held July 9, 1985, copies of which had previously been distributed to the Board. In discussion of the minutes as written and presented, Mahlon Swedberg asked that on the Petition 85-7-20, Church of the Good Shepherd, 145 Jersey Avenue South, the minutes further reflect that his statement that "the most striking argument is that the problem is created by the Good Shepherd Church in dividing the property and can be avoided by simply removing the blacktop". Swedberg further stated that every argument put forth by Good Shepherd Church, who was selling the property, was toward the new Church (Speak the Word) and the new Church should argue their own if applicable. Following this proposed addition, Mike Sell moved to approve the minutes as written and presented with the amendment noted. Second by Margaret Leppik and upon vote carried. 85-8-21 (Map 20) Residential 1515 Zealand Avenue North Larry and Melinda Whitlock The Petition is for waiver of Section 3A.06 3(c) side setback, for 3.6 feet off the required 11 .6 side setback to a dis- tance of 8.0 feet from the south lot line to the proposed garage addition, at its closest point. Mr. and Mrs. Whitlock were present, consent had been obtained from all adjacent properties. No others were present. 90 � Board of Zoning Appeals Page 2 August 13, 1985 Mr. Whitlock explained their proposal to add an attached garage to the south side of their home. This lot is a good example of extreme topography with a steep hill to the rear. The present house is placed toward the north side of the lot and presently there is a gravel drive and parking area where the garage is proposed. Colored pictures graphically showed the proposed area. Mr. and Mrs. Whitlock have owned the house for approximately a year and it is the only home in the area without a garage. The proposed addition would also add to the appearance of the house and all the "adjacent neighbors concurred". Mike Sell said he was very familiar with this area and he noted the extreme topography and lack of any other alternatives. Margaret Leppik said this would be an esthestically pleasing improvement. Mike Sell moved to approve the waiver as written and presented. Second by Mahlon Swedberg, who also concurred with Mike Sell 's comment on topography, and by this addition it would bring this existing home up to 1980 standards. Upon vote, it was unanimous for approval . 85-8-22 (Map 1) Residential 3430 Manor Drive Lorne Bettenga The Petition is for waiver of Section 3A.06(1) front setback, for 8.0 feet off the required 35 feet from Manor Drive to a setback of 27 feet at its closest point as the house now exists, and for 20 feet off the required 35 feet from Parkview Blvd, to a distance of 15 feet as it now exists and for waiver of Section 3A.06 3(c) side setback for 9 feet off the required 14 foot side setback to a setback of 5 feet from the east lot line to the house as it now exists and to the addition as proposed. The petition was in order. Consent had been obtained from adjacent properties. No others were present. The petition also addressed the non-conforming areas of the house as it now exists. Mr. Bettenga explained his proposal to add a screened porch to the rear corner of his home. He had previously received a waiver several years ago to build a room addition to within five feet of the side lot line and this proposed . screen porch is up to that same line. Secretary, Lloyd Becker, explained that while a waiver had been previously granted for the room addition, it did not establish a permanent waiver line to which further construction could be added and therefore this proposed screen porch addition was before the Board. � � � Board of Zoning Appeals Page 3 August 16, 1985 This is a corner lot with 35 feet required on two sides. The lot line is on an angle and curves along Manor Drive and Parkview. The existing house is also set on an angle facing toward both Parkview and Manor Drive. Mahlon Swedberg asked if this was a three-season porch and Mr. Bettenga replied that it was not. � Margaret Leppik noted the placement of the trees on the lot and noted that visually the lot line was not that well defined and somewhat misleading. Mahlon Swedberg asked if this addition had been discussed with the adjacent neighbor and Mr. Bettenga replied that it had and the neighbor had no objection as noted on the petition. Mahlon Swedberg said that originally he had serious questions before viewing the property. However after seeing it, the area is an older neighborhood with other houses placed at somewhat similar positions on their lots and looking at the area for the proposed porch and noting the previous waiver granted, it appeared the addition would no more harm the nature of the neighborhood. Considering the existing neighborhood, the placement of the house and the unique condition of the lot, Mahlon Swedberg moved to approve the waiver for the porch addition and the other non-conforming areas of the existing home. Margaret Leppik seconded the motion also noting that the alignment of the existing home is peculiar to the lot and it has less effect on any neighbor then if it had been parallel on the lot. Upon vote, the motion for approval carried unanimously. 85-8-23 (Map 15) Residential 6908 Winsdale Joel Harmon (Ru How Company) The Petition is for waiver of Section 3A.06(c) side setback, for 5 feet off the required 10 foot side setback from the east lot line to a distance of 5 feet from the lot line to the house as it now exists and to the proposed addition to the rear of the existing home. This petition had the consent of all adjacent properties. Mr. Joel Harmon was present with his contractor. Lloyd Becker explained that this home was built in 1973. It is on a lot in a subdivision approved the previous year with lots averaging 60 feet in width. The Zoning Code requires that "on lots having a width of 70 feet or less, the side setback on the north or west sides should be 10 percent of the lot width and the south or east side, it shall be 20 percent of the lot width. The house is built with just the opposite setback. Board of Zoning Appeals 9 1 � Page 4 August 13, 1985 The building permit was issued with the setbacks shown reversed. Mr. Harmon explained he bought the home while it was under construction and until he recently applied for the addition to the rear, he had no idea he didn't conform to the Zoning Code. Lloyd Becker said that in reviewing the application for a building permit and checking the survey on file, it was discovered as being in error. Margaret Leppik asked Mr. Harmon if he had discussed his addition with the neighbor and he replied he had and they had no objection. The neighbor's house faces the opposite street and the back of his house is toward the Harmon resi- dence. Margaret Leppik also questioned the shed-like attachment on the ea�st side and she said she had been told when viewing the property that this would be removed. Mr. Harmon said his addition to the rear would provide for a bed- room and a family room and the space was really needed. Mike Sell moved to approve the waiver as requested, so the addition could be added. Second by Donald Singer. During discussion on the motion, Swedberg said had the home been placed correctly no waiver would subsequently have been required. Larry Smith noted that the efforts Mr. Harmon made in his proposed construction and consideration for the adjacent property was very neighborly. Upon motion, carried unanimously for approval . 85-8-24 (Map 21) Residential 1043 Orkla Drive Paul Werner The Petition is for waiver of Section 3A.06 3(b) side setback, for 9.9 feet off the required 13.2 feet to a distance of 3.3 feet from the side lot line to the proposed garage addition. Mr. Werner was present. No others were in attendance. Consent had been obtained on the petition from all adjacent properties. Mr. Werner said his home was built in 1950. All of his neighbors have double garages and are in favor of his proposed addition. Mahlon Swedberg asked what the distance was from the lot line where he proposed the addition to the adjacent neighbor's house? Mr. Werner said approximately 26 feet, the same as his house is from the east lot line. Mr. Werner described that for some reason the houses in that area were built exceeding the required 15 foot setback on one side and most averaged 20 to 26 feet. The lot is a large lot with the house placed 51 feet back from the street and with a depth on the long side of 217 feet. The hardship is that the house is crowded to one side of the lot and that is the side the present single-attached garage is on. � � � Board of Zoning Appeals � Page 5 August 13, 1985 The Board discussed at length and in detail the present garage which has an approximate interior width of about 8 feet. With the proposed addition, the garage would provide two stalls with a width of about 20 feet. The garage would have one door 17 feet in width. At the close of discussion, Mike Sell moved to approve the waiver as requested, noting the difficulty of the present placement of the house, the distance from the adjacent neighbor which will provide about 30 feet and the minimum size of the proposed garage. Margaret Leppik seconded the motion. Mahlon Swedbery asked that the minutes reflect the distance remaining to the neighbor's home which when combined with Mr. Werner's distance is about 30 feet and consistent with the Zoning Code intent for separation. Swedberg also noted other similar waivers recently granted in the area, which were prompted by the homes in that area being located to one side of the lot. Upon vote, the motion to approve the waiver as requested carried unanimously. 85-8-25 (Map 3) Residential 3336 Scott Avenue North Bradley and Linda Haigh The Petition is for waiver of Section 3A.06 3(a) side setback for 8.6 feet off the required 15 foot side setback to a setback of 6.4 feet from the north side lot line to the proposed garage addition. The petition was in order. Consent had been obtained from all adjacent proper- ties. Mr. and Mrs. Haigh were present. No others were at the meeting on this proposal . Mr. Haigh explained that presently they have a single-car garage. They are a family of four and presently three are drivers and no room for the cars. In April , they sustained hail damage on their 1985 auto because of no garage space. The Board reviewed the construction plans. It appeared the present garage is around 14 feet wide and 27 feet deep. Mahlon Swedberg said he was concerned by that dimension and that garages granted by variance should be held to a reasonable minimum. Mr. Haigh noted that some of the present area in the existing garage is a mud room and not garage and that he wanted enough space for lawn mowers, snow blowers, etc. Margaret Leppik said the waiver request is for a garage, not garage and storage space. 913 Board of Zoning Appeals Page 6 August 13, 1985 Mike Sell questioned whether Mr. Haigh could reduce the size of the garage. Chairman Larry Smith suggested that if Mr. Haigh were unsure at this time about the feasibility of reducing the size of the garage, he might ask to defer this to another meeting. After further discussion and clarification of what was some misunderstanding by Mr. Haigh of how he could dimension the garage, it was agreed by the proponent to reduce the garage to 22 feet in width. Mike Sell moved to grant a waiver for 6.6 feet off the required 15 foot side setback to a distance of 8.4 feet from the side lot line to the proposed garage. Mahlon Swedberg seconded the motion and upon vote carried unanimously. 85-8-26 (Map 8) Residential 321 Sunnyridge Lane Dennis and Mary Ann Gilbert The Petition is for waiver of Section 3A.06(1 ) front setback for 15 feet off the required 35 feet to a distance of 20 feet from the lot line at Sunnyridge to the house at its closest point as it now exists and for Section 3A.06 3(b) side setback, for 8.4 feet off the required 12 feet from the north lot line to a distance of 3.6 feet from the north lot line to the house as it now exists and for waiver of Section 3A.06(2) rear setback, for 2.4 feet off the required 25.4 feet to a distance of 23 feet from the rear lot line to the proposed garage addition. Mr. Gilbert was present. The petition was in order. Consent had been obtained from all adjacent properties. The waivers requested include those for the existing non-conforming areas of the house which would require waivers for any addition to the structure. The proposed attached garage was submitted for a depth of 24 feet deep. During discussion with the Board, Mr. Gilbert said the 24 foot depth was in error and his contract with the builder is for 22 feet in depth. Mike Sell noted that if that is the proposal , it would require a waiver of only .04 tenths of a foot. After reviewing the overall waivers requested and to insure that there was no subsequent problem as a result of construction within such close tolerance, Mahlon Swedberg moved to grant a waiver of 1 foot off the required 23 feet from the rea� lot iine and the proposed garage is to be built to within that variance. Second by Mike Sell and upon vote carried. Mr. Gilbert agreed and said they would be very careful to maintain the required distance. 9 � 4 Board of Zoning Appeals Page 7 August 16, 1985 85-8-27 (Map 19) Residential 2017 Flag Avenue Roger and Janis Clem The Petition is for waiver of Section 3A.06(1 ) front setback for 26.2 feet off the required 35 foot setback from Duluth Street to a proposed . distance of 8.8 feet from Duluth Street to the proposed detached garage. (Duluth Street platted, but not improved at this point.) Mr. Clem was present. Consent had been obtained from adjacent properties. No others were present. Mr. Clem explained that he had received a waiver from the Board of Zoning Appeals to build his present home in October, 1981 . The house is on the corner of Flag and platted Duluth Street (Duluth Street presently not developed in that area) . The waiver allowed the house to be built at 35 feet from Flag Avenue and 24 feet from Duluth Street. The Board reviewed and discussed in detail the potential for extension of Duluth Street and the portion recently installed in 1984. Mr. Clem presented a letter he and other property owners had received from Mayor Anderson dated October 23, 1984. Attached to that letter was a copy of the minutes of the action taken by the City Council � on October 18, 1983, regarding Duluth Street. Having reviewed the letter and attached minutes, Mahlon Swedberg said he felt this more or less resolves the issue of further extension of Duluth Street at this time. Mahlon Swedberg moved to approve the waiver as requested. Second by Donald Singer and upon vote carried unanimously. Margaret Leppik asked what if Duluth was extended in the future. Mr. Clem said if you look up the street to the area recently installed and if that line were extended down to his garage with the street right-of-way as landscaped boule- vard, he would have the appearance of 25 to 35 feet to his garage. 85-8-28 (Map 20) Residential 1916 Hillsboro Albert Peura The Petition is for waiver of Section 3A.06(1 ) front setback for .7 of a foot off the required 35 feet to a distance of 34.3 feet from the front lot line on Hillsboro to the house as it now exists at its closest point and for waiver of Section 3A.06 3(a) side setback for 1 .6 feet off the required 15 foot side setback to a distance of 13.4 feet to the proposed garage addition at its closest point from the north lot line. 91 � Board of Zoning Appeals Page 8 August 13, 1985 Mr. and Mrs. Peura were present. The petition was in order and consent obtained from all property owners. Mr. Peura explained his proposal . This is a very large lot. It is 120 feet wide and comprised of what originally was two 60 foot lots. The present attached flat roof garage is on the wrong side of the house, is placed somewhat lower than the street and on occasion has had water run into it. Mr. Peura will tear it down if approved and will build a new attached garage on the north side of the house. This would better balance the building on the lot, improve the appearance and put the garage where it should be in relation to the rest of the house. Margaret Leppik said it was her opinion this would be a big improvement and makes sense to put the garage on that side. Mahlon Swedberg agreed and said it was an improvement that benefits the neighbors. Margaret Leppik moved to approve the waivers as requested. Second by Mike Sell and upon vote carried unanimously. 85-8-29 (Map 15) Residential 1619 Florida Avenue North — Steven and Linda Stemig The Petition is for waiver of Section 3A.06(1 ) front setback for 1.3 feet off the required 35 feet to a distance of 33.7 feet from the front lot line at Florida to the proposed addition at its closest point and for 10.7 feet off the required 13.5 side setback from the south lot line to a distance of 2.8 feet from the south lot line to the proposed garage addition at its closest point. Mr. and Mrs. Stemig were present. Consent had been obtained from all adjacent properties and the adjacent neighbor submitted a letter on behalf of the Stemig's proposal with their strong support for the variance. A total of nine surrounding owners signed the petition form. Mr. Stemig described his addition as very similar to others heard tonight. The home is constructed toward one side of the lot, the front street Florida Avenue, is on a curve and the side lot lines angle as it is a total of 100 feet in width in front but angles to a rear width of 60 feet. The adjacent house is located 21.6 feet from the Stemig's proposed addition. Mahlon Swedberg questioned if the neighbor was aware of where the addition would come near the lot line. Mr. Stemig said yes, the stakes are in place and he showed him the placement of the addition and they had no objection. The garage would have one door 16 feet in width and total width is 22 feet. 7 � U _oard of Zoning Appeals Page 9 August 13, 1985 During discussion, the Board noted the curve of the front lot line, the unusual lot size, the placement of the existing home toward the south lot line. Mahlon Swedberg moved to aprove the waiver as requested, including the 1 .3 feet off the 35 feet as the house exists from Florida Avenue. Seconded by Margaret Leppik and upon vote carried unanimously. 85-8-30 (Map 14) Commercial 2520 Winnetka Avenue North Stephen S. Hendrickson The Petition is for waiver of Section 5.06(d) of the Commercial Zoning Code for 3 feet off the required 10 feet of landscape along the east lot line to a landscape area 7 feet in width as it now exists. Mr. Hendrickson was present. The petition is in order. Mr. Hendrickson explained he has been before the City Planning Commission and has had first reading of approval by the City Council to construct a Midas Muffler and tune-up shop on this former Arthur Treacher site. When site plans were submitted, it was discovered that the existing concrete and curb for the parking lot was 7 feet from the east lot line not 10 feet as required. The existing plans on file when the building was constructed in 1972 also show the curb and landscape at 7 feet when the building permit was issued. The trees and present landscape are mature. The site to the east is still vacant land. After examining the existing site plan and after discussion with Mr. Hendrickson on his proposed building, Mike Sell moved to approve the waiver as requested for the existing curb and gutter. Second by Margaret Leppik. Following some discussion on current projects in the City, the Board adjourned at 10:0 P.M. La y S ith Chairman oyd G. Becker, Secretary