11-12-85 BZA Minutes JGJ
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
November 12, 1985
The regular meeting of the Golden Valley Board of Zoning Appeals was
held Tuesday, November 12, 1985, at 7 :30 P.M. in the Council
Chambers of the Civic Center, 7800 Golden Ualley Road, Golden
Valley, Minnesota.
The following Board members were present:
Mahlon Swedberg
Margaret Leppik
Herb Polachek, Alternate
�Absent by prior arrangement, Chairman Larry Smith, Art Flannagan and
Mike Sell .
As Past Chairman, Mahlon Swedberg called the meeting to order at 7:30 P.M.
The first order of business was approval of the minutes of a regular meeting
held October 8, 1985, copies of which had previously been distributed to the
Board. Herb Polachek moved to approve the minutes as written and presented.
Second by Margaret Leppik and upon vote carried.
Mahlon Swedberg noted that it was 7 :35 P.M. and the proponent on the agenda
was not present. The Board agreed to wait until 8:00 P.M. before considering
adjournment.
85-11-36 (Map 19) Residential
2400 Zealand Avenue North
C. Mary Constantine & Dean Constantine
The Petition is for waiver of Section
3A.06(1) front setback, for 9 feet off the
required 35 foot setback from Zealand
Avenue North to the proposed garage
addition at its closest point, and for
3 feet off the required 35 feet from
23rd Avenue North to the proposed
living room addition at its closest
point, and for Section
3A.06 3(a) side setback, for 2 feet off the
required 15 foot side setback to a
distance of 13 feet from the north
lot line to the proposed three-car
garage addition.
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Board of Zoning Appeals
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November 12, 1985
Mrs. Mary Constantine and the contractor arrived at approximately 7 :50 P.M.
Mahlon Swedberg explained the Board's procedure and asked for any additional
staff information. Following an update by secretary Lloyd Becker, the Board
found the petition in order and consent had been obtained from all adjacent
properties.
Mrs. Constantine explained her proposal . This is a corner lot with Zealand
Avenue on the front and 23rd Avenue on the south side. Their present family
includes four children living at home for a total of six adults and they all
have their own automobiles. The present two-car garage is a tuck-under
basement level with a steep driveway. Mrs. Constantine said it is about
four feet in rise from the street to the house. Tne house is located 47
feet back from the street.
There are two additions proposed. One area toward the south side of the
existing house is a living area. This meets the setback from Zealand Avenue
but the current survey shows the existing house to be set slightly on an
angle and placed at 32.6 feet from the 23rd Avenue side. The 15 foot addition
in this area brings the closest point to 32.3 feet from 23rd Avenue.
Mrs. Constantine further described the three-car garage addition. The drive-
way would be lowered, the addition to the front would be lowered to meet this
and the present foundation would be widened to accommodate three cars. This
puts the proposed garage to within 26 feet from the front lot line and 13 feet
from the north lot line.
Mahlon Swedberg explained that the front setback is the most sensitive and
to his knowledge there had been no waivers in the past that he could recall
that involved a garage three cars in width. He expressed his concern for the
sheer bulk and the imposition into the front setback. Most of the adjacent
houses are set at approximately 45 to 47 feet back from Zealand. Mrs.
Constantine said the houses across the street from her appeared closer.
Swedberg noted that the proposed three-car addition is a hi�hly unusual
solution to what appears to be a family problem for cars.
Margaret Leppik asked how long Mrs. Constantine thought the present condition
would continue and Mrs. Constantine said she had no idea, all of her children
were perfectly happy at home.
The Board continued a lengthly discussion with the builder and Mrs. Constantine
during which it became apparent there were other options that could be con-
sidered such as a detached garage to the rear that could be entered from 23rd
Avenue, a downsizing of the present proposal to meet the front setback, a black-
top parking area in the rear yard and a turn-around in the front yard.
Herb Polachek suggested that these alternatives and possibly others should be
checked out and the proponent come back at a later date if necessary.
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Board of Zoning Appeals
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November 12, 1985
Mrs. Constantine conferred with her builder and then asked the Board if the
living room addition was reasonable as it met the setback from Zealand and
was in line with the existing house on the 23rd Avenue side.
Margaret Leppik said she felt that may be reasonable and suggested the Board
look at each variance requested and vote on the merits of each one.
Mrs. Constantine agreed to look at other alternatives and felt Margaret Leppik's
proposal fair. Mahlon Swedberg suggested that if some of the waivers were
approved and others denied that the proponent be allowed to come back to the
Board by January, 1986 without a further fee. The Board agreed.
Mahlon Swedberg called for a motion on the variances as requested on the agenda.
Margaret Leppik moved to deny the variance for front setback to the proposed
garage. Second by Herb Polachek and upon vote carried.
Margaret Leppik moved to approve the variance from 23rd Avenue to the proposed
living room addition noting that if for some reason no action was taken within
one year and the variance lapsed that her motion was to include the house as it
now exists at 32.6 feet at its closest point. Herb Polachek seconded the motion
and upon vote carried.
Herb Polachek moved to deny the variance from the north lot line to the proposed
garage addition. Second by Margaret Leppik and upon vote carried. Herb
Polachek moved to allow the proponent to appear before the Board again at either
the December, 1985 meeting or January, 1986 meeting without further fee should
they explore other alternatives but find a variance may be necessary. Second
by Margaret Leppik and upon vote carried.
Secretary Lloyd Becker emphasized to Mrs. Constantine and her contractor that
should they need assistance in considering alternate proposals, the Department
of Zoning and Inspections is available to work with and advise them.
There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn at 8:30 P.M.
Mahlon Swedberg, Chairman Pro em o d G B ker, Secretary