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05-13-86 BZA Minutes 9 � � MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS May 13, 1986 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, May 13, 1986, 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: Mike Sell Margaret Leppik Art Flannagan Mahlon Swedberg Absent by prior arrangement, Chairman Larry Smith. The meeting was called to order by the Board Secretary, Lloyd Becker. The secretary explained to those in attendance that April of each year a new chairperson for the next 12 months is elected. To provide all members the opportunity for nomination, the secretary (who is not a Board member) opens the rneeting. Nominations were called for. Mahlon Swedberg nominated Mike Sell as chair for the coming year. The secretary called three additional times for further nominations. Hearing none, nominations were closed. Mahlon Swedberg moved to appoint Mike Sell by acclamation. Second by Art Flannagan and carried. Mike Sell assumed the chair and began the agenda. The first order of business was approval of the minutes of a regular meeting held March 11, 1986, copies of which had previously been distributed to the Board. (No meeting of the Board of Zoning Appeals in April , due to lack of an agenda.) Margaret Leppik moved to approve the minutes as written and pre- sented. Second by Mahlon Swedberg and upon vote carried. 86-5-6 (Map 15) Residential 1506 Florida Avenue North Leroy and Linda Trandem The Petition is for waiver of Section 3A.06(1) front setback, for 1.4 feet off the required 35 feet from Florida Avenue to a distance of 33.6 feet from Florida Avenue as the house now exists so a fully conforming addition may be added to the rear. Mr. Leroy Trandem was present. The petition was in order. No others were in attendance for this waiver request. Mr. Trandem explained that his proposed addition to the rear of the house fully conforms to the Zoning Code. However, a recent survey shows the existing house at 33.6 feet from Florida Avenue (35 feet required) which makes the house non- conforming and cannot be expanded without a waiver to the 33.6 feet. � �j � Board of Zoning Appeals Page 2 May 13, 1986 Art Flannagan noted that this was obviously a small error that occurred when the house was built some 30 years ago and no "as built" survey to locate the fvun- dation as correct was required at that time. Mahlon Swedberg described this as more of an administrative item to correct a previous error and bring the existing home into a conforming status. Followiny further discussion by the Board, Art Flannagan moved to approve the waiver as requested. Second by Margaret Leppik and upon vote carried. 86-5-7 (Map 20) Residential 8641 Winsdale Kevin M. & Wendy McKenzie The Petition is for waiver of Section 3A.06(1 ) front setback for 11.6 feet off the required 35 feet from Winsdale to the house as it now exists and for waiver of Section 3A.06(c) for 1 .8 feet off the required 10 foot setback from the south lot line to the house as it now exists and for waiver of Section 3A.06(2) for 21 .5 feet off the required 24 feet from the east lot line to the proposed garage addition at its closest point. Mr. and Mrs. McKenzie were present. Consent had been obtained from all adjacent properties. No others were present. Mr. McKenzie explained that his home is on a corner lot (Boone Avenue and Winsdale). The house fronts on Winsdale. The lot is 50 feet wide on Boone and 128 feet long. The setback from Winsdale is 21.35 fieet at the closest point to the house. No record exists to show a waiver from the 35 feet was granted. However, the home is typical of most others for setback along Winsdale. The present home with a single car attached garage is 54 feet wide and 20 feet deep. When built the rear of the house abuts what was treated as a side setback so there is only an 8 foot backyard and Mr. McKenzie said for all practical pur- poses they have only the front entry that is usable. The east end of the lot is on an angle and the proposed garage addition would be about 2.5 feet from the lot line at its closest point and 9.25 feet at the greatest distance. Mr. McKenzie described his present home as having only a basement adjacent to the present garage and the rest is about a four foot crawl space. k + 93 � Board of Zoning Appeals Page 3 May 13, 1986 They would include a mudroom and steps to the lower level and then access to the upper level similar to a split level from the proposed new garage. Margaret Leppik asked if the mudroom was necessary and Mr. McKenzie went into further detail about the mudroom entry from the garage. The existing garage would be torn off and a complete new addition would start from the living area. The Board discussed the adjacent home to the east and the distance from the McKenzie's east lot line to that home at the closest point is about 20 feet. That home has their garage at the opposite end. Mahlon Swedberg said he had no trouble in approving the waivers to make the existing house conforming. Based on the construction of the existing home, there appeared to be no other alternative to provide entry into the house from the proposed garage addition and no other area on the lot that could be used for expansion. During further discussion, it was agreed that the proposed addition could be reduced in width by approximately two feet. As a result, Mahlon Swedberg moved to approve an amended waiver request to read 19.5 feet off the required 24 foot side setback from the east lot line to a distance of 4.5 feet to the garage addition at its closest point. Margaret Leppik seconded the motion and upon vote carried. 86-5-8 (Map 15) Residential 6916 Winsdale Street Barbara L. Ego The Petition is for waiver of Section 3A.06(1) front setback for 2.9 feet off the required 35 feet from the f ront lot line to a distance of 32.1 feet to the proposed addition and for Section 3A.06(c) for 6.6 feet off the required 10 � feet from the east lot line to a distance of 3.4 feet from the east lot line to the supports for the roof extension at their closest point. The petition was in order and had consent from all adjacent properties. Barbara Ego was present. No others were in attendance. Ms. Ego explained that the survey showed the house to have been located approxi- mately three feet closer to the front lot line than the ordinance required when it was built 30 years ago. It is also placed 7.7 feet from the east lot line and 10 feet is required. The proposed construction is primarily a "facelift" as it provides for extending the existing roof line out over the front setps and to the west edge of the house and for extending the east side of the roof out over the side entry. 940 Board of Zoning Appeals Page 4 May 13, 1986 The roof extension to the east side requires two posts down to the ground for structural support and the posts would require the side waiver as they would be in the setback. Ms. Ego noted there are no walls proposed and the area is entirely open so it does not have any significant impact like a room addition, etc. Pictures of the existing home were provided and plans showing how the dwelling would look were also reviewed by the Board. Art Flannagan said he felt this would substantially improve the appearance of the house and add to the neighborhood. Margaret Leppik agreed and noted that the waivers bring the existing house into conformance and provide for the support posts. The remainder of the area is open as it now exists. Art Flannagan moved to approve the waivers as requested. Second by Margaret Leppik, and upon vote carried. 86-5-9 (Map 11) Residential 1434 Xenia Avenue North Douglas & Carol LeVesque The Petition is for waiver of Section 3A.063 3(A) side setback for 3.3 feet off the required 15 foot side setback to a distance of 11 .7 feet from the south lot line to the proposed 10 foot wide garage addition. Mr. and Mrs. LeVesque were present. Consent had been obtained from all adjacent properties. No adjacent neighbors were present. Mr. LeVesque explained his proposed addition is for 12 feet in width not 10 feet. Secretary, Lloyd Becker, said that was correct and he had noted so to the Board in a previous memo before the meeting. The waiver request is for 5.3 feet off the required 15 feet to a distance of 9.7 feet from the south lot line to the proposed addition. A sketch that accompanied the petition is dimensioned at a 12 foot width. Margaret Leppik questioned the final garage width and could it be reduced in width. During discussion it became clear that to match the existing roof line and to provide entry from the garage into the house and have sufficient room for two vehicles, a 12 foot addition was necessary. Mike Sell explained the construc- tion characteristic from the drawings so the roof line can be maintained. Mahlon Swedberg had no difficulty with the proposed addition as there were no other alternatives to locate additional garge space and it was typical of other additions approved by the Board to provide for two vehicles. Art Flannagan seconded the motion notiny the construction characteristics required to extend the addition. Upon vote, motion carried unanimously. Board of Zoning Appeals 9 4 j Page 5 May 13, 1986 86-5-10 (Map 15) Residential 1700 Quebec Avenue North Edwin Farrell M.D. & Lois Farrell The Petition is for waiver of Section 3A.06 3(A) side setback for 0.5 feet off the required 15 foot side setback to a distance of 14.5 feet from the south lot line as the house now exists so a deck and an addition may be added to the rear. Dr. Farrell was present. The petition had consent from all adjacent neighbors. Dr. Farrell said he had lived in the home for 19 years. When a building permit to add the deck and room addition was applied for, examination of an as-built survey in � the house file showed the house approximately half a foot too close to the south lot line. There appears to have been an error when the home was built. Secretary, Lloyd Becker, explained that the current Zoning Code prohibits a non-conforming use or structure from being "altered or expanded in scope" and therefore to do so a waiver of the non-conforming area is required. Margaret Leppik noted the minimal distance the present structure is off. Mahlon Swedberg felt this is more an administrative item to correct the original error when the house was built. Art Flannagan moved to approve the waiver as requested. Second by Margaret Leppik and upon vote carried. 86-5-11 (Map 8) Residential 206 Sunnyridge Circle Patrick and Colleen 0'Meara The Petition is for waiver of Section 3A.06(1 ) front setback for 10.1 feet off the required 35 foot setback to a distance of 24.9 feet to the house as it is placed at its closest point. (House was moved onto the property.) Mr. 0'Meara was present with his contractor, Mr. William Webster. Mr. Virgil Mylan the adjacent neighbor at 20 Sunnyridge would not sign the petition. Mr. 0'Meara explained to the Board the he purchased the house last September and contracted with Mr. Webster to have it moved from a previous location on Wayzata Blvd, to the lot he purchased in the new Tolg Subdivision (Sunnyridge Circle) . Mr. Webster used Voigt Movers and Mr. Webster supervised the placement of the house and the construction. � � � Board of Zoning Appeals Page 6 May 13, 1986 Mr. 0'Meara said the house was measured before the move and was drawn to scale on the lot site plan and it met all the setback requirements. However, when the house was moved, it was very wet and muddy on the lot and there was extreme difficulty manuvering into position. It was his understanding that the house as positioned complied with City setback requirements. The foundation was built under the house and the lot rough graded. A subsequent "as built" survey as required, showed the house to be generally in place but on an angle which places the northeast corner closer to the front lot line. The lot is large and on a cul-de-sac and at the closest point on that cul-de-sac is where the house is not in compliance. Mr. 0'Meara has estimated it would cost in excess of $50,000 to move the house and rebuild the foundation. As placed, it provides additional distance from the west lot line adjacent to the Mylan residence. Margaret Leppik said she had no particular problem with the present location of the house noting that the house to the west benefits from the additional separation and the remaining unbuilt lots do not appear to be affected because of the cul-de-sac. However, she is very concerned about the drainage on and off the site adjacent to the neighbor on the west. Margaret Leppik said she would be very reluctant to approve the waiver unless Mr. 0'Meara could provide the assurances that the grading and drainage would meet the grading plan on file and that it would actually work. Mr. 0'Meara explained the grading plan and how he will address it. 7here is also a drainage ditch to the south that is presently being upgraded and the lot will be graded so some of the run-off drains to that ditch and others will follow the grade to the front. Margaret Leppik also expressed concern for the water in the low area of the adjacent neighbor's lot where it abuts Mr. 0'Meara's. The Board felt Mr. 0'Meara was placed in a difficult position by his house mover and also the con- ditions of the move and placement on the site were extreme circumstances. Mahlon Swedberg said the size of the lot is substant�al and the lot configuration and location relating to the cul-de-sac and to other lots in the plat the house did not appear to have a significant or detrimental effect. Mahlon Swedberg moved to approve the waiver as requested noting that the waiver was to the closest corner of the house and subject to Mr. 0'Meara completing the final grading to the full satisfaction of the City and that upon completion it works. All grades rnust be verified by a surveyor and submitted to the City. Secretary, Lloyd Becker, said no final certificate of occupancy or final approval will be given to Mr. 0'Meara until satisfac- tory evidence is submitted to substantiate the grading is complete and the waiver, if approved, should be subject to it not being effective and appli- cable until such grading is complied with. Mahlon Swedberg restated his motion to approve the waiver as requested sub- ject to a site plan and final grading being to the full satisfaction of the City Engineer, that all grades be verified and that any necessary adjust- ments or devices or construction necessary be done to make the drainage work as intended. Art Flannagan seconded the motion. During discussion, Margaret Leppik also noted her concern that the water standing on the corner of the Mylan lot adjacent to Mr. 0'Meara's lot be addressed. The chair called the vote and it was unanimous for approval subject to con- ditions noted. Board of Zoning Appeals � � � Page 7 May 13, 1986 86-5-12 (Map 9) Residential 1015 North Tyrol Trail Timothy & Martha Troy The Petition is for waiver of Section 3A.06(1 ) front setback for 3 feet off the required 35 feet to a distance of 32 feet from the front lot line to the house as it exists at the closest point and for waiver of Section 3A.06(a) side setback for 6.7 feet off the required 15 feet side setback from the east lot line to the house as it now exists at its closest point and for Section 3A.06(a) side setback for 6 feet off the required 15 feet to a distance of 9 feet from the west lot line to the proposed garage addition at its closest point. The petition was in order and consent had been obtained from all adjacent properties. Mr. and Mrs. Troy described their proposal . There presently is a single-car attached garage on the east side of the house. This lot has an extreme slope up to the rear and the grade up into the present garage is 19%. This is very difficult especially in winter conditions. The existing garage would be converted to living area. The driveway would be removed and the yard graded and re-established. A two-car flat roof garage would be added on the west side of the house and most of it would be into the bank of the hill with a deck and railinys around the top. This would also minimize the grade into the garage as it would be basement level and entry from the garage into the basement would be provided. The west lot line is angled so the lot is 100 feet at the front and 85 feet in width at the rear. The waiver request is for the closest point along the angled lot line. During discussion, the Board asked what is the actual width of the proposed garage. It was further determined from the plans that it was 18 feet which is very narrow. Mike Sell noted the average minimum width for a two-car garage to allow for framing the door opening and opening car doors when inside is about 21 feet. Mahlon Swedberg noted a similar waiver for a garage with the same characteristics was granted to the house west of this proposal . This garage is well into the hill and has minimum impact on the neighborhood and actually enhances the property. Mrs. Troy said that is their intent also and while the proposed garage is very expensive, it will be much more practical and useful and also will enhance and be in keeping with similar properties in the neighborhood. 9 � �. Board of Zoning Appeals Page 8 May 13, 1986 Noting all of the above, the Board suggested that they would be amendable to increasing the waiver slightly to allow a better width to the garage as most of it would be in the ground and not visible especially at the closest point to the angled lot line. Mr. Troy said they would certainly appreciate that opportunity. Art Flannagan moved to approve a waiver for 8 feet off the required 15 foot side setback to a distance of 7 feet from the west lot line to the garage at its closest point from the west lot line and in doing so, noted the extreme topo- graphy, slope of the street and the 15 foot angle front to rear of the west lot line. Second by Margaret Leppik and upon vote carried. 86-5-13 (Map 18) Industrial 6440 Wayzata Blvd. El Torito Restaurant The Petition is to allow expansion of an enclosed patio area on the south side which is beyond the original plan approved as Exhibit "A" when the structure was built. The petition was in order. Consent had been obtained from adjacent properties. Mr. William Strong, General Manager, was present. Secretary, Lloyd Becker explained that when the Ground Round and E1 Torito Restaurants were developed in 1979, certain waivers were granted to the sites. The site plan for both restaurants which outlined the parking and footprints for each building was established at the BZA Meeting as Exhibit "A" and signed by the proponents and Chairman, Glen Christiansen, as being the official plan of approval . Since 1979, the Zoning Code has changed parking stall widths from 10 feet wide to 9 feet wide with a net gain on the El Torito site when restriped of 10 spaces and one more handicap. Mr. Strong said he has made arrangements to refinish and restripe the parking area upon approval . Mr. Strong said the seating capacity would really not increase because the tables would be moved from another area and the purpose of the patio is to provide a special seasonal dining area for a limited number of customers. The Board discussed in detail with Mr. Strong the reataurant's operation, parking on the site and the contiguous extra overflow parking they have access to for the busiest times. The Board strongly suggested and Mr. Strong agreed to contact the owner of the Ground Round Restaurant and have them arrange at the same time to restripe their lot to 9 foot parking stalls to provide for more parking. Margaret Leppik felt the proposed patio with a limited number of tables was a fine idea and did not significantly alter or impact the original approval . She suggested maintaining as much landscape including the tree next to the patio area. Mr. Strong assured the Board this would be done. Maryaret Leppik moved to approve the amended site plan to provide for the proposed patio seating. Second by Art Flannagan and upon vote carried unanimously. Board of Zoni ng Appeal s � � '`� Page 9 May 13, 1986 Administrative Item Ordinance Review b Robert Skare, Cit Attorney, regarding Cha ter 14, City Zoning Code Administration , following variance requests. City Atorney, Robert Skare, arrived at 9:40 P.M. Mr. Skare was present at the reyuest of staff to review an amendment to Section 14.02 (Administration) of the Zoning Code. Secretary Lloyd Becker had brought this before the Board at a previous meeting and the Board had concerns for the application of the ordinance especially �o residential property and also to the clarity and ability of persons other than with legal familiarity to understand it. Mr. Skare and the Board entered a lengthly discussion and it was thoroughly explained by example and various situations how the ordinance would be applied and the effects to property owners especially residential . In summary, it was agreed to change some wording for clarity and to drop the last paragraph which described in legal terminology what had previously been described in the ordinance. Mr. Skare said his purpose in having the detailed intent of the ordinance was to insure if ever it was needed in court, legal counsels could readily understand the ordinance. However, as amended, it was consistent with the intent and purpose of the ordinance. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 10:30 P.M. � - / r �s:�.���., Mike Sell , Chairman yd G. Becker, Secretary