Loading...
04-15-87 BZA Minutes 98 � MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS Wednesday, April 15, 1987 The regular meeting of the Golden Valley Board of Zoning Appeals was held Wednesday, April 15, 1987, 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 , Chairman Mahlon Swedberg Art Flannagan Kevin McAleese Herb Polachek, alternate Absent by prior arrangement because of the change in date of the meeting, 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 is elected for the next 12 months. To provide all members the opportunity for nomination, the secretary (who is not a Board member) opens the meeting. Nominations were called for. Mike Sell nominated Mahlon Swedberg for Chairman. The secretary called three additional times for further nominations and hearing none, nominations were closed. Herb Polachek moved to appoint Mahlon Swedberg Chairman of the Board of Zoning Appeals, second by Art Flannagan and upon vote carried unanimously. Mahlon Swedberg assumed the chair and as a first order of business introduced and welcomed Kevin McAleese, Vice Chair of the Planning Commission, as a new member of the Board of Zoning Appeals. The next order of business was approval of the minutes of a regular meeting held Tuesday, March 10, 1987, copies of which had previously been distributed to the Board. Mike Sell moved to approve the minutes as written and presented, second by Herb Polachek and upon vote carried unanimously. 87-4-5 (Map 21) Residential 1350 Boone Avenue North Gary W. Box The Petition is for waiver of Section 3A.06(1) front setback for 0.8 feet off the required 35 foot front setback to a distance of 34.2 feet from the front lot line to the house as it now exists at the closest point. (Purpose of the waiver is to allow a fully conforming 2nd floor addition). 99� Board of Zoning Appeals Page 2 April 15, 1987 Mr. and Mrs. Box were present. The designer of the addition and several adjacent neighbors were also present. The petition originally contained signatures of consent by several neighbors and one as undecided. Prior to the meeting, several neighbors submitted notorized letters with- drawing their signatures of consent and another neighbor presented the Board with a letter withdrawing consent and signature. The contents of the letters were alleged misrepresentation by Mr. and Mrs. Box of what the waiver proposal was for. The week before the meeting, the Boxes had a wooden fence constructed around their property. The fence is strongly objected to by all the neighbors. The neighbors stated that the fence is what Mr. and Mrs. Box repre- sented to them and not the construction of a second floor on their existing home. Mr. Box explained to the Board they had lived in the house since 1978. The neighborhood is predominately 40 foot lots with similar single-family homes on the lots. When their home was constructed, through error, it was set slightly angled from the lot lines. This created an error of front setback to a distance of 34.2 feet from the front lot line to the house at its closest point as it now exists (35.0 feet required). In this situation, the house is in a non-conforming status, with the Zoning Code and "cannot be expanded or altered in scope" without the waiver. Mrs. Box said she did not discuss the second floor addition with the neighbors because of differences over the years. She said she explained the non-conforming status. She felt the second floor addition was irrelevant because it is proposed to be constructed in conformance with the Zoning Code. Mrs. Box said she had discussed construction with adjacent neighbors Mr. and Mrs. Lee over a year ago. Chairman Swedberg recalled a previous Board of Zoning Appeal 's appearance by Mr. and Mrs. Lee and requested the minutes of that action. On July 13, 1982, the Board approved a waiver of front setback to allow a deck to be constructed on the Lee residence at 1354 Boone Avenue. Chairman Swedberg reviewed the minutes with the Board. After hearing further comments from Mr. and Mrs. Box, Chairman Swedberg opened the floor for comments from adjacent neighbors present. Mrs. Ching Lee was present with her husband. Mrs. Lee noted the intrusion on their property by the fence installers for Mr. and Mrs. Box. Mrs. Lee said the fence diminishes air around their house, interferes with their view out their door and the workmen laid posts and boards on their property. Mrs. Lee also objected to the second floor additon because there would be windows facing her side and they would lose their privacy. She said she is home all day with her mother and she would feel confined. Mrs. Box responded that the only windows proposed were in a bathroom and a stairway. Mr. William H. Birno, 1355 Mandan, an adjacent neighbor to the rear of the Box residence, presented his written withdrawal of his signature from the petition form. Chairman Swedberg noted he had signed as undecided. Mr. Birno's letter and verbal comments addressed what he felt was misrepresentation by Mr. and Mrs. Box about the fence and that he was never told about any plans for a second story addition. He objects to the architectural appearance of the proposed addition and dislikes the fence. 99 � Board of Zoning Appeals Page 3 April 15, 1987 Mr. John Orndorf had previously submitted a letter to city staff rescinding his signature of approval to the waiver request. Mr. Orndorf said the addition was never discussed with him, only the fence. Mr. Orndorf des- cribed his current status of health which does not allow him to work. "Any construction dust will seriously aggravate his fibrosis of the lungs" and he described other recent serious health problems. The fence was also a concern to him for fire protection. Secretary Lloyd Becker noted the Boxes' fence is within legal height, was placed on line by a recent survey. The Fire Marshal has examined the site and fence and determined it is not a hazard nor limits access. The Board, the proponent and the neighbors discussed for over an hour infor- mation and opinions on the fence, the proposed addition of a second story and neighbor relationships and conditions in the area. Mike Sell noted he lives next door to a two-story house and on the other side his neighbor has a 6 foot high board-on-board privacy fence. If the Box house had not been placed slightly in error 26 years ago, a building permit could have been issued this very day. The neighbor debate appears more to be about the fence rather than eight-tenths of a foot foundation error. In summary, Chairman Swedberg, said the fence appears to be an issue but does not require Board attention. The Residential Zoning Code permits up to three stories of construction and the issue is the waiver to correct what is a hardship because of a minor survey error many years ago, compounded by a narrow lot. Mike Sell moved to approve the waiver as requested, second by Art Flannagan and upon vote carried unanimously. 87-4-6 (Map 20) Residential 2255 Orkla Drive Alan V. Tourville The Petition is for waiver of Section 3A.06(1) front setback for 1.3 feet off the required 35 feet from 23rd Avenue to a distance of 33.7 feet as the house now exists at it's closest point from 23rd Avenue. (Purpose of the waiver is to allow a fully conforming addition to be added). Mr. Tourville was present The petition was in order and consent obtained from all adjacent property owners. No others were present. � � � Board of Zoning Appeals Page 4 April 15, 1987 Mr. Tourville explained his proposed addition, which is fully conforming to the Zoning Code. His problem is similar to the previous proposal as through an error when built, his existing home is 33.7 feet from the north lot line which abuts 23rd Avenue. He described his property as a corner lot with a 35 foot setback on two sides. Until the recent survey, he was unaware of the setback from 23rd Avenue and questioned whether during street right-of-way acquisition for 23rd Avenue he may have lost a slight amount of land to provide the 60 foot right-of way. Secretary, Lloyd Becker, said there was no record on file to con- firm that. Mr. Tourville said he showed his plans to all his neighbors and they approved of the addition. Ne noted his setback from the lot line abutting Orkla is more than 37 feet and from his south lot line it is 28 feet (15 feet is required). Mike Sell moved to approve the waiver as requested, noting the constraints of two corner 35 foot setbacks and the hardship the non-conforming status of the minor construction error placed on the property. Second by Herb Polachek and upon vote carried unanimously. 87-4-7 (Map 7) Residential 1140 Angelo Drive Richard L. Moon The Petition is for waiver of Section 3A.06(3)a side setback for 3 feet off the required 15 foot side setback to a distance of 12 feet f rom the south lot line to the proposed garage addition. Mr. Moon was present for the meeting. The petition contained signatures of approval from 1141 and 1200 Angelo Drive. The adjacent neighbor at 1130 Angelo Drive, the side where the waiver is requested, would not sign the petition. Also present for the meeting was Mrs. Myrtle J . Bruder, 1130 Angelo Drive and Mr. Ralph Emerson a relative of Mrs. Bruder. Mr. Emerson represented Mrs. Bruder. Secretary, Lloyd Becker, explained to the Board that Mr. Moon had a previous petiton to the Board in October of 1986. That petition included a waiver of front setback and the present side waiver. That petition failed approval because of a tie vote, 2 ayes and 2 nays. One member was absent at the October, 1986 meeting and no alternatives were available. The present petition is for side setback only. Mr. Moon had a large scale drawing of a site plan that outlined his present structure and proposed addition. He noted that there presently is 42 feet between his house and the adjacent structure and if his request was approved a 29 foot space would remain. � � � Board of Zoning Appeals Page 5 April 15, 1987 Mr. Ralph Emerson spoke for Mrs. Bruder. He said they objected to the previous proposal and object to the present one. Mr. Emerson presented the Board with pictures they had taken of their site and the Moon residence. Mrs. Broder said they were among the first in that area and when the properties were platted and developed, the intent was to provide for adequate setbacks so adjacent pro- perties across the street would also have a view of Sweeney Lake and a sense of openess to the area. Mr. Emerson noted there are no other three-car garages facing the street in that area of Angelo Drive and he also said he was surprised at Mr. Moon's description of needing the garage space for his van that he uses for his business. Mahlon Swedberg asked Mr. Moon to further clarify his business. Mr. Moon noted his description in his letter attached to his petition. He stated further that he owns commercial property and rental properties and offices out of his home. The van contains certain tools used in maintenance and is necessary should he receive an emergency call at his home. The van is also used for other purposes not related to his business. Art Flannagan said he could not see a distinguishing factor to a three-car garage. Mike Sell and Art Flannagan noted they still favored approval . At the previous meeting, Mr. Moon described his hardship of topography adjacent to the lake and no other reasonable direction of expansion for garage purposes. Following discussion about construction characteristics of the proposed addition and a review of plan elevations which showed the appearance of the proposed addition, Mike Sell moved to approve the waiver as requested, second by Art Flannagan. During discussion on the motion, Kevin McAleese commented that some home occupations are permitted uses in the residental area and some are prohibited. McAleese questioned the hardship and noted that the ordinance states the exterior appearance of a structure shall not be altered for the operation of a home ocupation. He suggested the addition, if approved, may violate that intent of the ordinance. As a result of this discussion, Mike Sell amended his motion and Art Flannagan his second to a motion of approval for the waiver as requested, subject to a review by the City Attorney on the question raised by Mr. McAleese regarding the home occupation section of the Residential Zoning Code as it may apply in this matter. Chairman Swedberg called for vote on the amended motion for approval and it was three ayes and two nays (Swedberg and McAleese). The Board requested Lloyd Becker to refer this matter to the City Attorney for review and reply. � � � Board of Zoning Appeals Page 6 April 15, 1987 87-4-8 (Map 7) Commercial 0 son Memoria Highway (White House) The Petition is for waiver of Section 5.06(1) front setback for 19.7 feet off the required 35 feet from the front lot line along Highway 55 to a distance of 15.3 feet f rom the front lot line to the building at it's closest point as it now exists and for waiver of Section 5.06(c) rear setback for 6 feet off the required 20 feet from the north lot line adjacent to the building to a distance of 14 feet to the building as it now exists at it's closest point and for waiver of Section 5.06(d) landscape for 10 feet off the required 10 feet along the north lot line adjacent to the building as it now exists, for 2 feet off the required 10 feet of landscape along the west lot line adjacent to Industrial Zoning to a landscape depth of 8 feet and for 7 feet off the required 15 feet of landscape along the west line adjacent to the Institutional Zoning to a landscape width of 8 feet. The petition was in order. Mr. Frank Kramer representing New American Properties was present. No adjacent owners were in attendance. Chairman Swedberg asked the secretary for a staff review of this proposal . The proposed site plan had been posted on the Board and Secretary, Lloyd Becker, described the following. The building exists as a non-conforming structure. The present setback at the front and a portion at the rear do not meet code and several landscape areas do not meet minimums. The restaurant has been closed beyond the six-month limit for non-conforming structures and to remodel and reopen requires Zoning Code compliance or waiver by the Board of Zoning Appeals. The property abuts three different zoning catagories. A parcel on the west is zoned industrial and another parcel on the west and a portion on the north is zoned institutional . The Golden Valley Motel abutting on the north and east is zoned commercial . The secretary reviewed the proposed new service road in the area which is scheduled for 1989. 99J Board of Zoning Appeals Page 7 April 15, 1987 Mr. Kramer explained the proposed remodeling and the upgrade of landscape and parking areas. Parking area and blacktop in front would be removed and land- scape established in that area and along the west and north lot lines. The signage for the site would meet current codes. Because the proposed service road would change the perimeter around the property and the possibility of land acquisition or exchange with the City as a result of the service road, certain areas of landscape in the future may be expanded and exceed requirements. The Board discussed the service road and land required by the City. It was suggested that possibly an agreement for land exchange in conjunction with pre- sent waivers required might be appropriate. Mr. Kramer said they had discussed this with staff. Nowever, at this time he has no firm commitment as to the amount of property required or offer by the City. There is also a question at this time about the parcel that would remain on the north side of the new service road and whether it would be buildable or what value it would have. Mr. Kramer stated they would be willing to work with the City toward appropriate arrangements for the service road and they have designed their site plan to the best arrangement possible for parking and landscape at this time. Mahlon Swedberg noted the elimination of parking and re-landscape in front was a substantial improvement in appearance. Art Flannagan suggested the Board not grant the waivers but allow the non- conforming structure to remodel and suggested that appropriate land exchange during construction of the service road would minimize any non-conforming areas at that time. Mr. Kramer said he could understand Mr. Flannagan's intent but appropriate financing and a substantial investment in a structure that is non- conforming is very difficult, at best. Mr. Kramer assured the Board he felt they could work with the City in upgrading the site in conjunction with installation of the service road. As a result, Art Flannagan moved to grant the waivers as requested, noting the different zoning catagories affecting the pro- perty, the variables in the installation of the future service road and the substantial improvements toward code compliance as described by Mr. Kramer. Second by Herb Polachek and upon vote carried unanimously. 87-4-9 (Map 21) Residential 8541 Winsdale Street North Marilyn & Charles Smith The Petition is for waiver of Section 3A.06(1) front setback for 2.8 feet off the required 35 feet from Winsdale to the house as it now exists at it's closest point and for 0.7 feet off the required 15 feet from the west lot line to a distance of 14.3 feet to the proposed deck and for 3.8 feet off the required 15 feet from the east lot line to a distance of 11.2 feet from the east lot line to the proposed porch. Mr. and Mrs. Smith were pres�nt. Consent had been obtained from seven adjacent properties. No others were in attendance. J7 � Board of Zoning Appeals Page 8 April 15, 1987 Mr. Smith called attention to the odd shape of his lot. While it has a large f rontage, the lot lines to the rear intersect and this minimizes his rear yard. He described the proposed deck and three-season porch and noted the two closest homes are 60 and 100 feet from his line. Mr. Smith questioned why a waiver of 2.8 feet off the required 35 feet from Winsdale was included on his agenda. Secretary, Lloyd Becker, noted the survey when submitted with the petition showed a proposed addition at that distance. This addition was subsequently found not to have been built. However, the existing home is measured on the survey at 34.9 feet from Winsdale Avenue and Lloyd Becker suggested the Board address that in any decision they make. Mahlon Swedberg noted the waivers requested could be reduced if the proposed construction was cut back. Mr. Smith stated this would result in a very awkward addition because of the varying distances from the lot line by trying to construct in what is best described as a triangle at the rear of his lot. Art Flannagan said he could see no significant impact to anyone and noted the hardship of the very unusual lot configuration in the area of the proposed addition. Mike Sell moved to approve the waivers as requested, including that required at the front setback from Winsdale. Second by Kevin McAleese and upon vote carried unanimously. 87-4-10 (Map 23) Residential 20 Winnetka Avenue South Harold J. Lysne The Petition is for waiver of Section 3A.06(1) front setback for 0.2 feet off the required 35 feet from Winnetka Avenue to a distance of 34.8 feet as the house now exists and for 5.0 feet off the required 23.8 feet rear setback to a distance of 18.8 feet from the angled rear lot line to the proposed addition at it's closest point. Mr. and Mrs. Lysne were present. No others were in attendance. Consent had been obtained from four adjacent properties. Mr. Lysne explained two other neighbors were out of town and not available for signature. However, Mr. Lysne said they previously had discussed the proposed addition with them. Secretary Lloyd Becker described to the Board the irregular shaped lot at 116 feet in width along Winnetka Avenue with the south side lot line 150 ft. in depth and the north side lot line at 89.9 feet in depth. The tangent from the south to north line across the back of the lot creates the necessity for the waiver at one corner of the proposed bedroom addition. Board of Zoning Appeals 99 � Page 9 April 15, 1987 Included in the petition as a waiver request is the front setback of the house as it now exists at 34.8 feet from Winnetka Avenue. The Board reviewed photos supplied by Mr. Lysne and the floor plan of the pro- posed addition. Mr. Lysne stated they had lived in the home since 1967 and their lot has the most extreme rear lot line condition. To reduce the size of the proposed bedroom addition would make it impractile to build. Noting the irregular rear lot line and the present construction characteristics of the existing home, Mike Sell moved to approve the waivers as requested, second by Art Flannagan and upon vote carried unanimously. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 10:40 P.M. Mahlon Swedber Chairman 9� • G. � cker, Secretary