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10-08-85 BZA Minutes 9 � � MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS October 8, 1985 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, October 8, 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 Art Flannagan Mahlon Swedberg Absent by prior arrangement, Mike Sell (alternate not available for this meeting) . The meeting was called to order at 7:30 P.M. The first order of business was approval of the minutes of a regular meeting held September 10, 1985, copies of which had previously been distributed to the Board. Mahlon Swedberg moved to approve the minutes as written and presented. Second by Margaret Leppik and upon vote carried. There was only one item for this agenda. However, because it is nearing the end of the construction season, it could not be deferred to a later meeting to be heard with other petitions. 85-10-35 (Map 4) Residential 2820 Noble Avenue North Mary M. Nielsen The Petition is for waiver of Section 14.02 of the Zoning Code to allow repair (reline) of an existing non-conforming swimming pool . The petition was in order. Consent had been obtained from all adjacent properties except for the neighbor to the south who directly abuts the pool side. This is Mr. and Mrs. Vernal B. Wallin, 2800 Noble and they "don't sign anything". Present for the meeting was the owner, Mary M. Nielsen, of 2820 Noble Avenue. Ms. Nielsen asked if she could be seated to make her presentation. She explained she is a teacher and had been standing most of the day. Mr. and Mrs. Wallin were present and as there were no other property owners present, the secretary seated all three directly before the Board. 92 � Board of Zoning Appeals Page 2 October 8, 1985 The existing home is placed 76 feet back from the front lot line and has very little back yard. Other homes nearby are also about this distance. The swimming pool was installed on the south side in September, 1958. This pool apparently was legal in 1958 at 3 feet from the side lot line. However, current ordinance requires an accessory structure or use to be located 5 feet from the lot line. Section 14.02 of the Zoning Code prohibits a non-conforming use, building or structure to be rebuilt, repaired or re-established where repair or replace- ment would exceed 50 percent of the value of the structure. The proposed repair of the existing pool as described by Ms. Nielsen would exceed that. Ms. Nielsen stated she purchased the home about 4 years ago. At that time, she had no idea that the pool required major repairs. The real estate company said it needed some work but hadn't been used for awhile. The proposed repair is actually a new pool within the present shell . It would be steel reinforced with 6 inch concrete. The drain in the bottom would be removed to prevent any possible leakage and all new piping and equipment installed. The cost of the repair exceeds $10,000. Margaret Leppik asked if repairs were ever needed again and the current ordinance was still in existence and the amount of repair exceeded 50 percent would this have to have approval from the Board of Zoning Appeals again. Secretary, Lloyd Becker, replied that it appears it would. Margaret Leppik asked if the Board couldn't also address the side setback section of the ordi- nance and if approved grant a permanent variance. Lloyd Becker replied in the affirmative. P1rs. Wallin described their continued concerns and problems with the pool over the years. She noted that the 8 foot high board-on-board fence around the pool was illegal in her opinion, and she objected to water being splashed on her when the pool was used and when she stood next to the fence. The Wallin's also have a 6 foot high board-on-board fence against the other fence. Mrs. Wallin said when the pool is full it leaks and water would bubble up in their grass. She also said the splashing water ruined their grass and shrubs. During dis- cussion, it was noted that the pool had not been used since 1974. Mr. Wallin said he didn't object to the pool but wanted to make sure it didn't � leak. Ms. Nielsen again described the repairs which include a new apron and .gutter around the pool and a drain that would carry any splashing water or when the pool was emptied at the end of the season, the water would go to the storm sewer. This did not seem to satisfy the Wallins. Mrs. Wallin had a book of notes she had made for many years and she described the following. 924 Board of Zoning Appeals Page 3 October 8, 1985 She had complaints to the Golden Valley Police Department over the years because of other owner's use of the pool . She had concerns because in 35 years there had been six other owners. One of the previous owners had squirted her three year-old son with a hose many years ago. Their concerns were that years ago the blacktop driveway at 2820 Noble North was installed on a portion of their property near the street. This was removed, however, and they have recently objected to the City Engineering Department because they don't like both driveways so close together at the street. Ms. Nielsen said she was unaware of all of this background, that she was a good neighbor and had invited the Wallins to look at the proposed repair and to comment if they had concerns. She again asked them to come over and watch the repairs to insure their concerns were being addressed. The discussion and exchange continued for approximately an hour, after which Chairman Larry Smith closed the discussion. Art Flannagan said to the Board that while the Wallins professed no objection to the pool , their comments gave him the impression that no pool is what they really wanted. Flannagan asked the Wallins what the rest of the plywood fence on their property adjacent to Mrs. Nielsen's driveway and turn around was for. Mrs. Wallin said it was to prevent dirt, dust and leaves from coming on their property. Art Flannagan said it appeared to him that the Wallins were most unreasonable. He noted the extent of the pool repair proposed and said a cheap vinyl liner could be installed with no consideration for the Wallins and it appeared to him that the proposed repairs and consideration for draining the pool went beyond any reasonable requirement. The Board concurred. Larry Smith called for a vote on the petition. Art Flannagan moved to grant a waiver of Section 14.02 as requested and also waiver of Section 3A.06 3(a) side setback for 3 feet off the required 5 feet to the pool as it now exists. Second by Margaret Leppik and upon vote carried unanimously. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 8:30 P.M. Lar y Sm' �, Chairman 1 yd G r, ecretary