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05-12-87 BZA Minutes � �� MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS May 12, 1987 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, May 12, 1987, at 8:00 P.M. in the Gold Room of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Mahlon Swedberg, Chairman Kevin McAleese Art Flannagan Mike Sell Larry Smith Chairman Swedberg noted to those in attendance that because of the pool referen- dum being held in the Council Chambers, the meeting was being held in the Gold Room. State election laws prohibit official meetings such as the Board of Zoning Appeals from being held until the polls close at 8:00 P.M. Normal starting time for the Board is 7:30 P.M. The first order of business was approval of the minutes of a regular meeting held April 15, 1987, copies of which had previously been distributed to the Board. Art Flannagan moved to approve the minutes as written and presented. Second by Larry Smith and upon vote carried. 87-5-11 (Map 15) Residential ymout Avenue Nort Greg & Rebecca Earheart The Petition is for waiver of Section 3A.06(1) front setback for 21 feet off the required 35 feet to a distance of 14 feet from the front lot line to the house as it now exists and for Section 3A.06(3)c side setback for 3 feet off the required side setback to a distance of 2 feet from the west lot line to the house as it now exists. The purpose of the waiver petition is to correct an existing non-conforming status and provide for construction of a fully conforming deck at the rear of the existing home. The petition was in order. Consent had been obtained from adjacent neighbors. None were in attendance. 99� Board of Zoning Appeals Page 2 May 12, 1987 Mr. Earheart was present and explained his proposal . This is an older home that existed before the surrounding properties were developed and before street improvements of Plymouth Avenue. Mr. Earheart has owned the property for three years and has been upgrading the appearance and maintenance of the house. The waivers are for the house as it exists so a fully conforming deck at the rear could be added. The Board discussed the possibility of not granting the waivers and addressing the current status of the house under Section 14.02 of the code by allowing the deck to be added to a non-conforming structure. It was decided that it was important to provide for clear title if possible rather than leave the home non- conforming. Kevin McAleese noted the existing detached garage is at 4.7 feet from the east lot line (5 feet required) and he suggested this be addressed also. Art Flannagan suggested that because of the age of the house, the setbacks as they currently exist were a result of development of the streets and adjacent property. He moved to approve the waivers as requested to include the garage as noted. Second by Mike Sell and upon vote carried unanimously. 87-5-12 (Map 19) Residential Hi sboro Avenue North David and Linda Graumann The Petition is for waiver of Section 3A.06(1 ) front setback for 0.9 feet off the required 35 feet from Hillsboro Avenue to a distance of 34.1 feet to the house as it now exists and for 11 .5 feet off the� required 35 feet from Earl Street to a distance of 23.5 feet to the house as it now exists. Purpose of the waiver petition is to correct an existing non-conforming status and provide for a fully conforming garage addition at the rear. The petition was in order and consent obtained from adjacent properties. Mr. Graumann was present. Staff liason, Lloyd Becker, explained to the Board that this property is similar to others in the neighborhood but no record could be found providing for the current setbacks when the house was built. Mr. Graumann described his proposed attached garage which if the waivers would not be approved, he would build it as detached from the house. Mike Sell asked why it was attached in the location shown on the survey. Mr. Graumann responded that because of existing sewer and water lines he didn't want to build over them. Larry Smith noted this is a corner lot with two 35 foot setbacks required. The garage as attached conforms and this is really more of an administrative matter to provide for the existing house as built. � � � � � Board of Zoning Appeals Page 3 May 12, 1987 During further discussion, Mr. Graumann noted his name is David, not Daniel as shown on the original agenda. At the close of discussion, Larry Smith moved to approve the waivers as requested. Second by Art Flannagan and upon vote carried. 87-5-13 (Map 7) Residential 5051 Thotland Road Thomas & Linda Clements The Petition is for waiver of Section 3A.06(3)a side setback for 2 feet off the required 15 feet side setback to a distance of 13 feet from the west lot line to the proposed garage addition. The petition was in order. Mr. Clements was present. Consent had been obtained f rom all adjacent properties. No others were in attendance. Mr. Clements described the present single-car tuck-under garage. He noted the addition is the minimum to get two garage stalls. The existing side wall must be left in place as it is the foundation for the house. He described his plans for a bedroom and bath to be built above the garage addition. However, this might not be possible immediately. Art Flannagan noted his observation on the topography which does not lend itself to any reasonable detached garage as an alternative. The existing construction as described limits the proposed addition from being reduced any further. Art Flannagan moved to approve the waiver for the garage addition as requested, again noting the topography. Second by Larry Smith and upon vote carried. 87-5-14 (Map 18) Residential 6 0 South Cortlawn Gircle Darwin and Sandra Wilde The Petition is for waiver of Section 3A.06(1) front setback for 4 feet off the required 35 feet setback from the front lot line to a distance of 31 feet to the proposed attached garage addition. Mr. and Mrs. Wilde were present with their contractor. The petition was in order and conssent had been obtained from all adjacent properties. Mrs. Wilde described the present detached garage as deteriorating with wall and floor problems. The proposed attached garage at 22 foot depth is minimal for two vehicles. There is an existing bay window which provides the only light to the west side of the house and this is why the attached garage would be placed forward of that window. � oo � Board of Zoning Appeals Page 4 May 12, 1987 The Board discussed in detail the characteristics of the existing house. To rebuild the garage as detached and into the hill at the rear could create problems similar to the existing garage. Noting the topography of the lot and the substantial improvement the attached garage would make to the property, Larry Smith moved approval of the waiver as requested subject to the existing detached garage being torn down or removed f rom the property. Second by Kevin McAleese and upon vote carried. 87-5-15 (Map 15) Residential 7601 Olympia Avenue North Michael and Charlene Plitman The Petition is for waiver of Section 3A.06(1) front setback for 2 feet off the required 35 feet from Quebec Avenue to a distance of 33 feet from the front lot line to the proposed foundation and bay window addition. Mr. and Mrs. Plitman were present with their contractor. Consent had been obtained from adjacent properties. No others were in attendance. Mr. Plitman explained his proposed remodeling which includes a bay window which projects slightly into the required 35 feet from Quebec Avenue. This is a corner lot and requires 35 feet from Olympia also. During discussion, Mr. Plitman noted he had two surveys and the current one shows the house at 36.33 feet from Quebec with 1 .6 foot projection for the window which would require a waiver of approximately .03 feet. The Board discussed at length the proposed remodeling which also included some ground level landscape. Mahlon Swedberg expressed his concern for the screen porch shown on the survey. Mrs. Plitman said this was only a temporary seasonal screen frame that has a removable roof and only two sides. The other sides abut the house and an existing retaining wall . Mr. Plitman reaffirmed to the Board that it is only a temporary screen structure similar to others used during the summer season. Art Flannagan moved to approve the waiver as requested to insure the contractor had adequate room for the foundation and window. Flannagan noted the ground level landscape did not appear to have a structural nature that required any waivers. Mike Sell seconded the motion, subject to the building permit being issued conditioned on the statement by the Plitmans that the screened area that exists is a temporary seasonal structure and not for future enclosure or per- manence. Following further discussion on the motion, the chairman called the vote and it was unanimous for approval . `i 00 � Board of Zoning Appeals Page 5 May 12, 1987 87-5-16 (Map 11) Residential 20 Go den Va ey Road Mike Hrdlicka The Petition is for waiver of Section 3A.Ob(31a side setback for 9.8 feet off the required 15 foot side setback to a proposed distance of 5.2 feet from the west lot line to the proposed garage addition. The petition was in order and consent obtained from adjacent properties. Mr. Hrdlicka was present and described his property and the history of his existing home. The lot is extremely deep but with the placement of the house in relation to the topography, it is very ,difficult for any alternatives. Mike Sell questioned the width when completed. Mr. Hrdlicka described the present projection of the house area into the existing garage and with the propased addition there would actually be only 21 feet of interior width for useable garage. Mr. Hrdlicka noted the substantial distance he would still have from his adjacent neighbor's garage. Mike Sell moved to approve the waiver as requested and in doing so noted the present structural characteristics of the existing house and the shape and topography of the lot. Larry Smith seconded the motion and upon vote carried. 87-5-17-Administrative Review of 87-4-7 1140 Angelo Drive Richard Moon The Chairman reviewed the opinion by the City Attorney which had been requested by the Board as a condition of approval at the previous meeting held Wednesday, April 15, 1987. Copies of the opinion had previously been distributed to the Board with the agenda packet. The Board discussed the memo in detail and at the close of the discussion, it was the consensus of the majority of the Board members that the opinion by the City Attorney adequately addressed the issue of the previous meeting on the waiver approval of Mr. Moon's petition. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:30 P.M. � � � Mahlon Swedberg, Cha' man loyd . Becker, Secretary