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07-08-86 BZA Minutes 95 � MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS J uly 8, 1986 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, July 8, 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: Mahlon Swedberg Larry Smith Donald Singer (alternate) Absent by prior arrangement, Chairman, Mike Sell , Margaret Leppik and Art Flannagan. Larry Smith, as immediate past chair, called the meeting to order promptly at 7:30 P.M. The first order of business was approval of the minutes of a regular meeting held June 10, 1986, and a special meeting held June 30, 1986, copies of which had previously been distributed to the Board. Mahlon Swedberg moved to approve the minutes of both meetings as written and presented. Second by Donald Singer and upon vote carried. 86-7-16 (Map 9) Residential 1 6 South France Avenue Scott & Linda Hagg The Petition is for waiver of Section 14.02 non-conforming use or structure) to allow an addition to the structure as it exists. The petition was in order and consent obtained from all adjacent properties. Mr. and Mrs. Hagg were present. Mr. Hagg described the present site where his home is located. This is adjacent to Wirth Park and on a short access drive identified on City map as France Avenue but used as access by the Minneapolis Park Board. Mr. Hagg described the topography and the house is placed at the rear of the lot on what is a hiii as there was no other practical location when it was built. The road dead ends at his property and the only other user is at Glenwood Avenue for access to that property. 95 � Board of Zoning Appeals Page 2 July 8, 1986 The proposed addition is in line with the existing house and does not expand to a non-conforming condition. After further discussion on the construction characteristics involved with this proposed addition, Mahlon Swedberg moved to approve the waiver to allow for the addition to a non-conforming structure and in doing so he noted the unique topography, secluded location at the end of a dead end road and the addition in line with the existing structure with no visible impact on adjacent properties. Donald Singer seconded the motion and upon vote carried. 86-7-17 (Map 6) Residential 1415 Angelo Drive Steven F. Morgan The Petition is for waiver of Section 3A.06(3) b side setback for 7.3 feet off the required 14.7 feet side setback to a distance of 7.4 feet from the south lot line to the proposed garage addition at the closest point and for waiver of Section 3A.06(1 ) front setback for 2.6 feet off the required 35 feet setback from Angelo Drive to a distance of 32.4 feet as the house now exists and to the proposed addition. The petition was in order. Chair pro-Tem Larry Smith noted two signatures on the petition were undecided. No adjacent property owners were present. Mr. Morgan was present and described his proposed addition. The present home has a single attached garage 15 feet wide by 20 feet deep. The proposed addition is 9 feet for a total width of 24 feet if approved. This is a deep lot at 400 feet. However, only a third of the depth is usable because of a large pond in the rear and there is no area to expand to the rear or locate a detached garage. Mahlon Swedberg asked about present conditions in the garage and were there steps from the garage into the house. Mr. Morgan described three steps and they project into the area for parking. The door width proposed is 18 feet. Mahlon Swedberg noted the proposed 24 foot width is larger than the Board would normally grant in a situation like this. Mr. Morgan said they had arrived at this width based on advice from his contractor but possibly the width could be reduced. Following further discussion on reducing the width, Mr. Morgan agreed it appeared possible to do so. Mahlon Swedberg moved to approve a waiver 5.3 feet off the required 14.7 feet to a distance of 9.4 feet from the south lot line to the proposed garage addition and for wavier of 2.6 feet from the rquired 35 feet from Angelo Drive as the house now exists. Second by Donald Singer and upon vote carried. � J � Board of Zoning Appeals Page 3 July 8, 1986 86-7-18 (Map 4) Residential 2605 Perry Avenue North Greg & Teresa Barlow The Petition is for waiver of Section 3A.06(3) a side setback for 12 feet off the required 15 feet side setback to a distance of 3 feet from the north lot line to the proposed garage addition at its closest point. Mr. and Mrs. Barlow were present. The petition had consent of all adjacent properties. Mrs. Barlow described that since their petition was filed the adjacent home had been sold; however, she had obtained written consent from the new neighbor and presented this to the Board. Mr. and Mrs. Barlow described in detail how their present side lot lines angle and noted on the survey the house is set at an angle which compounds their side setback problem for any addition. Mrs. Barlow described the distances between houses if the waiver were approved. It appears 27 feet would be the average. The construction characteristics were reviewed in detail and the roof line at the rear was necessary to provide continuity to the structure. Mahlon Swedberg moved to approve the waivers as requested. He noted a number of unique conditions such as the lot configuration, placement of the existing house at an angle to the side lot lines, and the necessary construction requirements to maintain the unusuai roof line. Donald Singer seconded the motion and in doing so noted all of the above and in particular that there is still substantial separation between the adjacent home. Upon vote, motion for approval carried unanimously. 86-7-19 (Map 8) Residential 5301 Glenwood Avenue Walter & Donna Holmes The Petition is for waiver of Section 3A.06(1 ) front setback for 5 feet off the required 35 feet front setback from Glenwood to a distance of 30 feet as it now exists and for waiver of Section 3A.06(2) rear setback for 2.6 feet off the required 22.6 feet to a distance of 20 feet from the south lot line to the proposed addition at its closest point. The petition was in order and consent was given by all adjacent properties. Mr. and Mrs. Holmes were present with their contractor. � � � Board of Zoning Appeals Page 4 July 8, 1986 The original proposal included a request for a garage addition to within 5.5 feet of the west lot line. In previous discussions with staff, the contractor , withdrew that portion. However, Mr. and Mrs. Holmes subsequently submitted a . letter asking that it be considered because of extenuating circumstances. The Board discussed the letter and it was moved by Donald Singer, second by Mahlon Swedberg and upon vote carried to add this proposed addition for discussion and consideration. Mrs. Holmes described this corner lot with a 35 foot setback on two sides. In addition, the front of their lot on Glenwood is designated "no on-street parking" as it is a bus stop. The waiver for 5 feet off the required 35 feet from Glenwood is for the house as it now exists. Some frontage was lost years back when Glenwood right-of-way was expanded. The 2.6 foot waiver in the rear is only at the closest point of the room addition. The Board entered a lengthy discussion on the proposed garage expansion. The contractor described the present garage as the minimum depth for a car at 17 feet. The proposed addition would provide an opportunity to turn around in the driveway so it would not be necessary to back out into Glenwood Avenue. Donald Singer said he could look favorably at the waivers requested. Singer said the bus stop is unique to this property and the turnaround is an important safety factor. Donald Singer moved to approve the waivers as requested including the waiver for 9.5 feet off the required 15 feet to a distance of 5.5 feet from the west lot line to the p�oposed garage addition. Second by Mahlon Swedberg. Upon vote motion carried. 86-7-20 (Map 9) Residential 824 Meadow Lane South Lance P. Nelson The Petition is for waiver of Section 3A.06(3) side setback for 1 .5 feet off the required 15 feet side setback to a distance of 13.5 feet from the west lot line to the house as it now exists so a fully conforming garage and deck addition can be added. The petition was in order and consent obtained from all adjacent properties Mr. Nelson was present. Secretary Lloyd Becker described the proposed garage addition and deck and room addition at the rear as all conforming. The present home when built was set at an angle on the lot and the closest corner from the west lot line is at 13.5 feet (15 feet required). Rather than address a waiver for Section 14.02 to allow expansion of a non-conforming struc- ture, the request was for a regular waiver of the side setback because of the minimal variance. 95 � Board of Zoning Appeals Page 5 July 8, 1986 Following a brief discussion with Mr. Nelson on his proposed construction and the necessity of this waiver to aTTow addition to the structure, Donald Singer moved - to approve the waiver as requested for the existing house noting this was more of an administrative matter to clear up a previous error. Second by Mahlon Swedberg and carried unanimously. 86-7-P1 (Map 21) Commercial 8240 Golden Valley Road Golden Valley Clinic Limited The Petition is for waiver of Section 5.06 landscaping, for 30 feet off the required 35 feet ofi landscape area along Golden Valley Road to a distance of 5 feet of landscape area from the south lot line to the proposed parking area at its clo- sest point and for 35 feet off the required 35 feet of landscape along Wisconsin Avenue and for 5 feet off the required 10 feet of landscape along the east lot line as it now exists. Present for the meeting were Mr. Phil Johnson, Architect, and Dr. Steve Carlson, of the Golden Valley Clinic. Dr. Carlson described himself as chairman of the building committee. The petition was in order and contained approval of the adjacent properties owned by David Trach and the Golden Valley Bank property. Secretary Lloyd Becker reviewed the VaTley Square project, the realignment of Golden Valley Road and the closing of a portion of Golden Valley Road in conjunc- . tion with realignment. Mr. Johnson described the proposed addition. He noted that along the south lot line the parking is adjacent to that portion of vacated Golden Valley Road and when road construction and closing is completed, there will be a large area adja- cent to the clinic property that will be green landscape. The present setback condition along Wisconsin Avenue is a result of previous right-of-way acquisition and the proposal is to extend the parking by 9 additional stalls in line with the present setback. Overall , Mr. Johnson described the proposal as allowing present site conditions to continue in addition to the expanded parking area along Wisconsin. Dr. Carlson described the operations of the clinic, the scheduling of patients and the parking ratio to patients required. While the proposed parking meets exactly the zoning requirements, it also is the minimum necessary at most times when the clinic is in operation. Mahlon Swedberg described his concerns for landscape on the site. However, he was also sympathetic to the clinic's situation as a result of extension of Wisconsin Avenue. � 95 � Board of Zoning Appeals Page 6 July 8, 1986 The Board discussed additional landscape possibilities and infill around the building. Secretary Lloyd Becker noted that construction plans would require review of the Building Board of Review and would have to meet current standards for landscape. Larry Smith said he is persuaded by current conditions and pre- vious right-of-way acquisition. The consensus of the Board was adequate, on-site parking is necessary. Mahlon Swedberg moved to approve the waivers as requested, noting special atten- tion to landscape should be given through the Building Board of Review. Second by Donald Singer and upon vote carried. Lloyd Becker brought to the Board's attention a letter he had received from Good Shepherd Church at 145 Jersey Avenue South. In July, 1985, the Church in con- junction with the adjacent Speak the Word Church appeared before the Board of Zoning Appeals for certain waivers resulting from the division of the property. An existing storage garage on the Good Shepherd site was given 12 months before removal to give the church time to construct alternate storage area. Upon review, it was the consensus of the Board to provide an additional six months after which the garage shall be removed or demolished as conditioned by July, 1985 Board of Zoning Appeal 's action. Don Singer moved to approve an extension of 6 months for the existing garage, second by Mahlon Swedberg and upon vote carried. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:15 P.M. � Larry Smi , hairman Pro-Tem d G ecker, Secretary