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10-14-86 BZA Minutes MINUTES OF A REGULAR MEETING OF THE � � � GOLDEN VALLEY BOARD OF ZONING APPEALS October 14, 1986 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, October 14, 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: Chairman, Mike Sell � - Mahlon Swedberg Art Flannagan Margaret Leppik Absent by prior arrangement, Larry Smith. Neither appointed alterate was available for this meeting. The first order of business was approval of the minutes of a regular meeting held September 9, 1986, copies of which had previously been distributed to the Board. Art Flannagan moved to approve the minutes as written and presented. Second by Margaret Leppik and upon vote carried. 86-10-29 (Map 6) Residential 5321 Golden Valley Road Mary A. Nielson The Petition is for waiver of Section 3A.06(3) a side setback for 0.9 feet off the required 15 foot side setback to a distance of 14.1 feet from the west lot line to the house as it now exists. The purpose of the waiver is to allow an addition to the south side of the home that is in line on the west side with the existing setback. The petition was in order. Consent had been obtained from all adjacent properties. No adjacent neighbors were present. Mr. Larry Embretson was present representing Ms. Mary A. Nielson. Mr. Embretson explained the proposed 6 foot addition to be added across the rear of the home. It appears there was an error in locating the house when it was built. The addition would not extend beyond present side setbacks. Mahlon Swedberg said the existing side setback does not have a significant effect as it appears there was a slight error in the side setback when the house was built and the waiver, if approved, would provide for an addition that other- wise fully conforms. � � � Board of Zoning Appeals Page 2 October 14, 1986 Margaret Leppik noted this has more of an appearance of an administrative matter and she had no problem with approval . Margaret Leppik moved to approve the waiver as requested which provides for the addition and the existing house. Second by Art Flannagan and upon vote carried unanimously. 86-10-30 (Map 19) Residential 8521 Rose Manor North Robert and Prudence Johnson The Petition is for waiver of Section 3A.06(1 ) front setback for 4.5 feet off the required 35 foot front setback to a distance of 30.5 feet from the front lot line to the house as it now exists at its closest point and for waiver of Section 3A.06(2) rear setback for 3.0 feet off the required 20.5 foot rear setback to a distance of 17.5 feet from the west lot line to the proposed room addition. The petition was in order. Mr. Johnson was present. No adjacent property owners were in attendance. Mr. Johnson explained his proposed addition at the rear of the home. Margaret Leppik noted that in a letter attached to the petition form, Mr. Johnson also proposed a deck in conjunction with the room addition. Mr. Johnson explained that while at the present time he was only considering the room addition, he did have plans in the future to add a deck 12 feet in width which would project into the rear setback, the same distance as the room addition. The deck would then extend across the back of the house at 8 feet in width which conforms to the setback requirements. Mahlon Swedberg said that the deck is not a part of the waiver request on the agenda and if the intent is to proceed in the future, it will require BZA approval . Art Flannagan moved to add the proposed deck for consideration on this agenda. Second by Margaret Leppik and upon vote carried. The deck is 12 feet by 12 feet and would be added to the side of the proposed room addition. Mahlon Swedberg said Mr. Johnson should be aware of the ordinance provision that if the deck is not constructed within one year after approval , the approval expires. Mr. Johnson said he planned to build the deck within that one year period. Board of Zoning Appeals J U � October 14, 1986 Page 3 Mike Sell noted this is a corner lot and the waiver for the existing front set- back is only at the closest point on the radius of the road. It appears that when the road was permanently constructed, Rose Manor was curved at the corner rather than a "square" intersection and some setback distance was lost at this point. Mahlon Swedberg felt the only real issue is the proposed room addition at the rear and at 12 feet x 12 feet this is about as small an addition that would be practical for a bedroom. Swedberg said he had no difficulty with the room addition or deck, noting there is no other place on the lot that is reason- able or practical for expansion. Mahlon Swedberg moved to approve the waiver as requested including the 12 x 12 foot deck proposed at a later date. Second by Margaret Leppik and upon vote carried unanimously. 86-10-31 (Map 10) Residential 25 Tyrol Crest � Charles and Phyllis Newman The Petition is for waiver of Section 3A.06(3� a side setback for 1.2 feet off the required 15 foot from the west lot line to a distance of 13.8 feet to the proposed addition and for waiver of Section 3A.06(2) rear setback for 4.8 feet off the required 29.8 foot to a distance of 25 feet from the rear lot line to the deck as it now exists and the proposed deck remodel . Mr. Newman was present. Consent had been obtained from adjacent properties. No others were in attendance. Mr. Newman explained his is an older home in the area. They purchased it in June of this year and their intent is to bring it up to standards of other homes in the neighborhood. The Board reviewed the remodeling plans. The present deck at the rear is in the rear setback by about 4 feet and they propose to remodel it and extend it over to the side of the house. On the west side there is a closet that would project about a foot into the required 15 foot setback. The closet is about 9 feet wide. The Board discussed in detail the overall remodeling proposed. Mahlon Swedberg said the closet on the west is a minor intrusion in the setback and the existing deck at the rear as it exists does not have any impact to surrounding properties because of the topography and location on the lot. The consensus of the Board was that the proposed construction was a substantial improvement. Noting the topography and the location of the home on the lot, Art Flannagan moved to approve the waivers as requested. Second by Margaret Leppik and upon vote carried. � � � Board of Zoning Appeals Page 4 October 14, 1986 86-10-32 (Map 8) Residential 0 Meadow Lane South Stephan and Catherine Johnston The Petition is for waiver of Section 3A.06(1) front setback for 6 feet off the required 35 foot front setback to a distance of 29 feet from the front lot line to the proposed garage addition and for waiver of Section 3A.06(3) b side setback for 7.4 feet off the required 13.5 foot from the north lot line to a distance of 6.1 feet to the proposed garage addition. Mr. Johnston was present for the meeting. The petition was complete. No others were in attendace. Mr. Johnston began by stating his address was 310 Meadow Lane not 308. Secretary Lloyd Becker explained that when he viewed the property prior to preparing the agenda, there were no visible house numbers displayed. In examining the city half section map, the house is identified as #308. Mr. Johnston said the numbers are off the house because he is painting. Mahlon Swedberg also noted he had difficulty when looking for the site because there were no numbers. Mr. Johnston impled he would continue to use the 310 number. For the record in these minutes and if future reference to this property is required, the legal description is included herein, Lot 1 , Block 3, Glenurban Addition and the south 15 feet of Lot 2, Block 2, Third Addition to Glenurban. Mr. Johnston explained the present tuck-under garage is unuseable because of the low height. He has two vans and they don't fit inside. The present garage is also a single stall and provides no space for storage. The present home is placed 41 feet back from Meadow Lane and the tuck-under area an additional 10 feet back. The Board entered a lengthy discussion on the construction and placement of the proposed garage. Because of the topography, a detached garage or attached construction at the rear did not seem a practical alternative. During discussion, it was determined that a side setback of about a foot less was required from the north lot line. Noting the topography, construction characteristics of the existin� home and the substantial improvement the proposal would make to the neighborhood, Margaret Leppik moved for approval of a waiver for the front setback as requested in the petition and for 6.4 feet off the required 13.5 feet from the north lot line to a distance of 7.1 feet to the proposed garage. Second by Art Flannagan and upon vote carried unanimously. Board of Zoning Appeals � � � P a ge 5 October 14, 1986 86-10-33 (Map 11) Residential 1430 Constance Drive Shirley M. Fitzgerald The Petition is for waiver of Section 3A.06(1) front setback for 1.8 feet off the required 35 foot setback to a distance of 33.2 feet f rom Constance Drive to the house as it now exists to allow a conforming addition to be constructed on the south side. The petition was in order. Consent had been obtained from adjacent properties. Shirley Fitzgerald was present along with Mr. Glenn Bragg, the contractor. The existing home does not meet the required 35 foot setback from the front lot line. The proposed addition conforms to the code. The contractor explained the location of the proposed three-season porch and the structural details of attachment to the house. Margaret Leppik noted the unusual lot configuration and that the existing house abuts two streets, Constance Drive and St. Croix Avenue, which limit the loca- tion of the house on the lot and any additions. Mike Sell in his recollection of this area as it developed, suggested when the permanent streets were constructed, they may have been responsible in right-of- way acquisition for the reduced front setback. Lloyd Becker s'aid there was nothing in the files that could support that but it was possible as in other locations. Art Flannagan moved to approve the waiver as requested for the existing house. Second by Margaret Leppik, who also noted that in reality this was correcting a minor error that was more administrative so the porch can legally be added. Upon vote, the motion for approval carried unanimously. 86-10-34 (Map 7) Residential 1140 Angelo Drive Richard L. Moon The Petition is for waiver of Section ' � 3A.06(1) front setback for 10 feet off the required 35 foot from Angelo Drive to a distance of 25 feet to the house as it now exists at its closest point and to allow an addition to the f ront in line with the present setback and for waiver of Section 3A.06(3) a side setback for 3 feet off the required 15 foot from the south lot line to a distance of 12 feet from the lot line to the proposed addition. � � +� Board of Zoning Appeals Page 6 October 14, 1986 The petition was in order, consent had not been obtained from the neighbor adja- cent to the proposed addition. Mr. and Mrs. Moon were present along with their architect. Lloyd Becker noted to the Board his earlier memo which referred to a new as- built survey which showed the existing home at 32+ feet from Angelo Drive. In addition, upon a second review of the house file for this property and the files for the six other homes in this plat, there was a small typed strip of paper stuck to the back of some other papers. This strip contained a notation which referred to previous Planning Commission and City Council action in 1956 for the seven lots in this plat. A review of the minute books confirms that by City Council action, a 24 foot front setback from Angelo Drive was established and approved for all seven lots in this plat, because of the extreme topography down to Sweeny Lake. This information eliminates any requirement for waiver of the front setback for the proposed addition. In addition to previous information submitted with the petition, Mr. Moon submitted a letter at the meeting which further described their need for the additional garage space. The architect explained in detail the proposed addition which would expand the garage area to accommodate three vehicles. Certain construction characteristics of the existing home require existing framing to remain in place, which creates the necessity for the waiver. Any other possible alternatives are very dif- ficult and expensive and may provide an unbalanced appearance in placement of the garage door. Mahlon Swedberg said he has difficulty with a three-car garage where a variance is required. Most importantly, however, the house is presently complete as it stands and is fully up to modern standards. For this readon, I can find no basis to agreeing to the petition. Mr. Moon said he felt he had a hardship because of the extreme topography to the lake on his lot and that he has no other reasonable alternative for the additional garage space he needs. Mrs. Moon noted that during their obser- vations of recent Parade of Homes, most dwellings in valuations comparable to their existing home, had three-car garages. Margaret Leppik said the massive appearance from the front, should the waiver be granted, would be inconsistent with the esthestically pleasing separation of the existing homes. Art Flannagan said he couldn't see the distinction between the needs for a two- car or three-car garage as being a consideration of variance approval , but rather the extent of the waiver itself and three feet did not seem excessive in this particular situation. 973 Board of Zoning Appeals Page 7 October 14, 1986 Mike Sell had comments similar to Art Flannagan and Sell noted there is a com- bined distance between the adjacent house of 42 f2et and three feet less did not seem significant. In summary, in addition to her previous comments, Margaret Leppik was concerned for precedence in this case and as it could be applied to the potential for pro- posed changes to the remainder of the area. After considering further comment and response, Mike Sell closed the discussion and called for a vote on the pro- posal . Art Flannagan moved to approve the waiver as requested for the sideyard set- back. Chairman, Mike Sell , seconded the motion for discussion purposes. Following his second, the vote was called and it was two ayes for approval and two nays (Leppik and Swedberg) for denial . Discussion followed with the propo- nents on what a tie vote meant, i .e. , a tie or actual denial . Secretary Lloyd Becker said it was his recollection some years back that a similar situation occurred and the City Attorney determined it was not an approval , therefore it was a denial . At the Board's direction, Lloyd Becker will consult with the City Attorney and ask for confirmation and subsequently inform the Board and Mr. and Mrs. Moon of the attorney's determination and what course the proponents had available to them such as appeal to the City Council , or return to the Board. 86-10-35 Map 8) Business and Professional 490 Olson Memorial Highway James Rydeen - ATSR Architects/Engineers The Petition is for waiver of Section 10.052 side setback for 10 feet off the required 20 feet from the west lot line to a distance of 10 feet from the west lot line to the proposed addition in line with the building as it now exists. The Petition was in order and consent obtained from adjacent properties. Mr. James Rydeen was present to explain the proposed addition. The existing building and a subsequent addition had been approved in year's past by the City Council with a setback of 10 feet from the west lot line. The proposed addition to the rear of the building is in line with the existing setback. The present code requires 20 feet from the lot line. A new site plan submitted with the petition provides for adequate parking to meet current zoning standards. Noting previous approvals for the building as it exists and the hardship it . would create for an offset to meet current code and also noting the marginal soil conditions that require piling, Mr. Rydeen said he felt it was reasonable to request the waiver. 9 7 4 Board of Zoning Appeals Page 8 October 14, 1986 Noting the previous approvals and placement of the building and the marginal soil conditions, Mahlon Swedberg moved to approve the waiver as requested for the addition as shown on the site plan. Second by Margaret Leppik and upon vote carried. 86-10-36 (Map 20) Residential 1845 Wisconsin Avenue Dale and Nancy Gustafson The Petition is for waiver of Section 3A.06(1) f ront setback for 4.9 feet off the required 35 foot from Wisconsin Avenue to a distance of 30.1 feet to the house as it now exists to allow a fully conforming addition to be added. Consent had been obtained from adjacent property owners and the petition was complete. Mr. Gustafson was present and explained his proposed addition that fully con- forms. He described how, for the most part, the existing house meets or exceeds the required 35 feet from Wisconsin Avenue. However, the street had an inward curve toward his house and as such the house on the north corner does not conform. The lot line also curves back out again as it goes north to Patsy Lane. If a straight line were drawn south to north, the house would be in compliance. Apparently, that's how it was laid out when built. Noting that the proposed addition fully conforms and the variables of the lot line, Art Flannagan moved to approve the waiver as requested. Flannagan described this waiver as more an administrative matter similar to a previous request on the agenda. Second by Margaret Leppik and upon vote carried. 86-10-37 (Map 23) Industrial 989 Wayzata Boulevard Carousel Porsche Audi The Petition is for temporary waivers of certain landscape requirements Sections 7.05(1) front 35 feet and 7.05(d) side and rear setbacks in accordance with the proposed plot plan submitted. Purpose of the temporary waivers is to relocate certain car display areas and customer and employee parking during the time period the State of Minnesota Highway Department locates a temporary bypass road on the property during construction of I-394. Upon completion of I-394 or removal of the bypass road. Board of Zoning Appeals 9 7 J Page 9 October 14, 1986 The petition was in order. Present for the meeting were Mr. Dennis Walsh of Walsh-Bishop Architects and Mr. Jon Hansen of Carousel Porsch Audi . Mr. Walsh gave an overview to the Board of the proposed temporary relocation of the parking areas and auto display on the site. The Minnesota Highway Department as part of reconstruction of I-394 will be constructing a temporary bypass on the south end of this property. This bypass is approximately 70 feet in width. They will lose about 90 auto spaces because of the bypass. If the temporary waiver is approved, they can put back about 60 cars. The new landscape when the site is returned to normal will comply with all required setbacks and landscape standards at the time of replacement. Mr. Hansen explained the final effect on their property when I-394 is completed. They may require subsequent consideration for new signage as the roadway will be approximately 15 feet higher than it is now. Margaret Leppik moved to approve the temporary waiver as requested until comple- tion of I-394 in that area or removal of the bypass road whichever occurs first so the property can be restored. Second by Art Flannagan and upon vote carried. 86-10-38 (Map 18) Institutional 145 Jersey Avenue South Good Shepherd Church The Petition is for administrative review of previous waiver granted July 9, 1985. Mr. James Windy, Chairman of the Church Committee appeared on behalf of the Good Shepherd congregation. When a previous waiver was granted to the Church, it was conditioned on removal of an existing three-car garage at the rear of the school . The church had 12 months to find alternative storage spaces. The church subsequently received a six-month extension from the BZA. Now that the Speak the Word Church project is complete, Good Shepherd would like to paint the garage and landscape around it and keep it in place for storage of equip- ment. Margaret Leppik said when the church sold a portion of their property to Speak the Word Church, she understood the trees near the existing garage line would not be removed and it appears that is the reason blacktop in this area had not been removed. Upon completion of the Speak the Word Church's landscape, the trees were removed. To date, nothing she has seen would indicate Good Shepherd Church is proceeding. Mahlon Swedberg said he agreed with Margaret Leppik's observations and at this time had difficulty looking at anything permanent for the garage. Art Flannagan suggested the garage could be painted to better match the school building. � � � Board of Zoning Appeals Page 10 October 14, 1986 After a lengthy discussion, it was agreed the church would prepare and submit a landscape plan to meet current standards. This would be presented to the BZA for review sometime this winter. The Board felt it would be reasonable to extend the time for an additional six months provided the church prepares and implements a substantial landscape improvement. Mahlon Swedberg said if this is not done satisfactorily, the church should consider the garage demolished. Margaret Leppik moved to approve an extension of time to July, 1987 for the existing garage, subject to the plans noted and proof of funding by the church board. Second by Art Flannagan and upon vote carried. 86-10-39 (Map 15) Residential 1721 Quebec Avenue North Herbert and Marilyn Benson The Petition is for waiver of Section 3A.06(3) a side setback for 1.5 feet off the required 15 foot side yard setback from the north lot � line to a distance of 13.5 feet to the house as it now exists. The purpose of the waiver is to allow for a fully conforming addition to be added to the rear. Mr. and Mrs. Benson were present for the meeting. Consent had been obtained from all adjacent property owners. Mr. Benson explained the proposed room addition which fully conforms. The petition is to correct what appears to be a mi�OVeetherwahvertforethetex9sting was constructed. Margaret Leppik moved to app home as requested. In doing so, she also noted the similarity to several other previous waivers that could be characterized as administrative. Second by Art Flannagan and upon vote carried. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:50 P.M. � � � �' �' ����� oyd G. ecke , Secretary Mike Sell , Chairman