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12-09-86 BZA Minutes � �� MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS December 9, 1986 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, December 9, 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 Margaret Leppik Mahlon Swedberg Herb Polachek (alternate) Absent by prior arrangement, Larry Smith. The first order of business was approval of the minutes of a regular meeting held November 12, 1986, 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. 86-12-42 (Map 20) Residential 1913 Flag Avenue North Thomas Duxbury The Petition is for waiver of Section 3A.06(3)c side setback for 2 feet off the required 12 feet from the south lot line to a distance of 10 feet to the proposed fireplace only. The petition was in order. Mr. Tom Duxbury was present. No adjacent neighbors were in attendance. Chairman Sell asked Mr. Duxbury for clarification of the signatures on the petition. Mr. Duxbury explained that this block on Flag Avenue is new homes recently completed or under construction. The adjacent neighbor just moved in and he had obtained their consent after he submitted the petition. Mahlon Swedberg asked about the overhang of the roof of the proposed new home and just how far the fireplace would project. Mr. Duxbury explained that his fireplace is a factory manufactured unit but he does not want the chimney portion constructed inside the walls, for safety purposes. The roof overhang is consistent with the typical hip roof on most homes and this would be cut to allow the fireplace to pass through and upward. It does require a foundation, and as the lot is a narrow existing platted parcel , the fireplace foundation would project into the south setback. Following further discussion on the size an d con figura- tion of the house, Mahlon Swedberg moved to approve the waiver as requested, noting the narrow lot width and the minimum projection beyond the eave overhang into the side setback. Second by Herb Polachek and carried unanimously. 98 � Board of Zoning Appeals Page 2 December 9, 1986 86-12-43 (Map &0 Residential 4920 Killarney Drive Floyd and Susan Anderson The Petition is for waiver of Section 3A.06(3)a side setback for 8.5 feet off the required 15 feet from` the south lot line to the proposed garage addition, and for waiver of Section 22.50 of the Shoreland Ordinance for 50 feet off the required 75 feet from the water line to a distance of 25 feet from the drainage inlet to Sweeney Lake to the proposed addition. The petition was in order. Consent had been obtained from all neighbors along Killarney Drive. Mr. and Mrs. Anderson were present. Also in attendance was their builder, Mr. Robert Hopf. The Board asked Secretary, Lloyd Becker, to review for them the Shoreland Ordinance as it applied to this waiver request. Lloyd Becker explained that the existing storm water culverts into Sweeney Lake drain through the Anderson's property on the west side of their home. The new Shoreland Ordinance requires a setback from the high water level of 75 feet. The existing home is approximately 25 feet from the storm water culVerts and flowage into the lake. The Bassett Creek Flood Control Project, as part of the South Fork of the City's Storm Sewer Project, will be constructed in this area in 1988. As part of this pro- ject, the existing culverts will be eliminated and the new storm water project will enter Sweeney Lake at least 100 feet to the west. At that time, the existing structure and proposed addition will fully comply with the Shoreland Ordinance. The proposed waiver is to provide for the existing status. Mahlon Swedberg asked about the purpose of the addition. Dr. Anderson described the existing home as one of the smaller ones in that area. The proposed addition would provide more living area for their family. The garage area would provide off-street covered parking for three vehicles and storage for lawn and snow equipment, plus a boat and accessories. In response to questions by Margaret Leppik, Dr. Anderson described the garage width at 32 feet and this width was arrived at in discussions with their builder to meet their needs for vehicles and storage. � � � Board of Zoning Appeals Page 3 December 9, 1986 The Anderson's home is at the west end of Killarney Drive on the cul-de- sac and the street is posted as no-parking. On the west side of their lot is City property and directly across from the front of their home is the railroad track. Mahlon Swedberg asked Dr. Anderson what characteristics of the site appear to constitute a hardship. Dr. Anderson noted that while his survey shows a very large lot, much of it is into Sweeney Lake and a large portion is in the flood plain elevation. For this reason, there are substantial constraints on the property. The proposed addition is in the only feasible area for construction. The Board discussed the possibility of reducing the size of the garage. Herb Polachek noted that the addition is at an angle to the south lot line and only at the south west corner does the waiver requirement to 7.5 feet appiy. Poiachek suggested consideration of reducing the garage width by 2 feet. This would bring the addition into compliance with the 15 foot side setback at the front and at the closest point to 9.5 feet from the south lot line. The Andersons and their builder agreed this could be done and appeared reasonable. Herb Polachek moved to approve the waiver of the Shoreline Ordinance as requested noting this is only a temporary condition until construction of the new storm sewer, and for waiver of 5.5 feet off the required 15 foot side setback to a distance of 9.5 feet from the south lot line to the proposed addition at its closest point. Second by Margaret Leppik. During subsequent discussions on the motion the Board. noted the par- ticular characteristics applicable to this site. The railroad trackage and right-of-way adjacent to the south side of the entire lot, the topography and unusual shape of the lot, the soil conditions in the area of the flood plain and the constraints of the flood plain eleva- tion which prohibits construction on a large portion of the property. The existing house and proposed addition are at the end of a cul de sac and their are no adjacent neighbors on the south, west or lakeside. Following discussion, the chair called the vote and it was unanimous for approval . There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 8:45 P.M. �'�1 .�1���- Mike Sell , Chairman loyd G Becker, Secretary