07-14-87 BZA Minutes � � � �
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
July 14, 1987
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, July 14, 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:
Chairman, Mahlon Swedberg
Art Flannagan
Mike Sell
Larry Smith
Kevin McAleese
The first order of business was approval of the minutes of a regular meeting
held June 9, 1987, copies of which had previously been distributed to the Board.
Larry Smith moved to approve the minutes as written and presented. Second by
Mike Sell and upon vote carried.
87-7-21 (Map 23) Residential
700 Winnetka Avenue South
Richard T. MacKrell
The Petition is for waiver of Section
3A.06(1) f ront setback for 4 feet off the required
35 feet from Winnetka Avenue to a distance
of 31 feet from the lot line to the house as
it now exists and for 8.1 feet off the required
35 feet from Gregory Road to a distance of 26.9
feet from the lot line to the proposed addition
and for Section .
3A.06(3)a side setback for 5.7 feet off the required 15
feet from the south lot line to a distance of
9.3 feet to the house as it now exists.
The Petition was in order. Consent had been obtained from all adjacent
properties. Mr. and Mrs. MacKrell were present. No others were in
attendance. Chairman Swedberg asked for any additional staff information.
Secretary, Lloyd Becker, noted that when the house was built the front
setback was 45 feet from Winnetka. Subsequently, additional right-of-way
was required to widen Winnetka and this home as others in the block are
now at 31 feet from the front lot line. The side setback at 9.3 feet
from the south lot line was established when the house was built. However,
no waiver from the 15 feet required exists. The existing setbacks require
Board approval for the house to be added to. The proposed addition requires
a setback variance from Gregory Avenue.
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Board of Zoning Appeals
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July 14, 1987
Mr. MacKrell described the proposed addition which is to provide for enlarging
a bedroom and add a bathroom. Based on the location of the existing house on
the lot, the requirement for a 35 foot setback on two sides and the previous
loss of land along Winnetka Avenue to right-of-way, there is no other alterna-
tive for expansion.
Mahlon Swedberg questioned the purpose of 12 feet as the width of the addition.
Mr. MacKrell explained that structurally he was advised this was the most
practical and cost effective and he noted it only adds width not depth to the
room.
The basic design and appearance of the home will be maintained. Following
further discussion by the Board, Art Flannagan moved to approve the waiver
as requested, noting the loss of property to road right-of-way and the
requirements for 35 foot setback on two sides on the lot which combined
left no alternatives for an addition other than proposed. Second by Mike
Sell and upon vote carried unaniamously.
87-7-22 (Map 9) Residential
415 Parkview Terrace
R. Jeffrey McLeod
The Petition is for waiver of Section
3A.06(3)a side setback for 9.5 feet off the required 15
feet to a distance of 5.5 feet from the north
lot line to the proposed garage addition.
Mrs. McLeod was present. Consent had been obtained from adjacent properties.
No others were in attendance.
Mrs. McLeod explained their home is an older structure built in the 1940's.
There are only two bedrooms, one bath and one garage stall in the basement.
The proposed garage addition is the smallest in width that can structurally
be provided for. A bedroom and bath would be above the garage addition.
The Board discussed at length the existing neighborhood, the topography
of this lot and others and the architect's plan for the addition.
It was the consensus of the Board that based on the topography of the lot,
there were no alternatives for adding garage space at the rear of the lot
and the proposed garage width was the minimum possible. Larry Smith noted the
improvements to many of the homes that have taken place over the years. It
appeared to him this proposal was consistent with the general upgrade of the
area.
Larry Smith moved to approve the waiver as requested, noting the topography of
the lot and the placement of the existing house. Second by Art Flannagan and
upon vote carried unanimously.
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Board of Zoning Appeals
Page 3
July 14, 1987
87-7-23 (Map 6) Residential
o edo Avenue
Carol Szyplinski
The Petition is for waiver of Section
3A.06(1 ) front setback for 14 feet off the required
35 feet from County Road #66 (Duluth Street)
to a distance of 21 feet from Duluth Street
to the proposed addition and for waiver of
Section
3A.11(1 ) for 2 feet off the required 10 feet separation
required between the house and detached garage
to a distance of 8 feet from the detached
garage to the proposed room addition.
The petition was in order. Consent was obtained from all adjacent properties.
Mr. and Mrs. Szyplinski were present with their contractor. No others were
present.
Secretary, Lloyd Becker, reviewed with the Board the background of this pro-
perty. This lot, along with several others, lost almost a third of the east side
and rear of the lot to right-of-way acquisition by the County for Duluth Street
(County #66) in June of 1961 . Copies of condemnation minutes from a Regular
City Council Meeting held June 6, 1961 , were previously provided the Board in
their agenda packet. The property as now configured has a 35 foot setback on
three sides. The contractor for the Szyplinski 's reviewed the plan with the
Board. He noted the actual room addition had been reduced in size and only a
portion of steps from the deck was closer than 10 feet from the garage. The
Board discussed, in detail , the revised construction and it was determined that
the deck and steps should be addressed to avoid any questions in the future.
Following further description by Mrs. Szyplinski of their improvements to the
site, Mike Sell moved to approve the waivers as described in the agenda and
noted the hardship of this lot created by right-of-way acquisitions adjacent to
heavy traffic and noise and, in effect, a 35 foot setback requirement on three
sides. Kevin McAleese concurred and seconded the motion. Upon vote, the motion
for approval carried unanimously.
87-7-24 (Map 8) Residential
3 Meadow Lane South
Peter Petrick
The Petition is for waiver of Section
3A.06(c) side setback for 5.1 feet off the required 8.0
feet to a distance of 2.9 feet from the south
lot line to the house as it now exists.
The petition was in order. Consent had not been obtained from one property
owner. Mr. and Mrs. Petrick were present.
`I o I o Board of Zoning Appeals
Page 4
J uly 14, 1987
Lloyd Becker gave a staff review noting the home had previously been occupied
by a long time resident, Grace Chester, who recently passed away. The property
on City Assessing records is described by meets and bounds and the lots are
described as combined.
The existing home is placed within 2.9 feet of what is the south lot line of the
northerly part of the parcel which is made up of two 40 foot lots. An eight
foot setback would be required if this parcel were considered as separate lots.
Mr. Petrick explained he has done substantial improvements on the home and feels
the south 40 foot lot is buildable for another home. Mr. Petrick said while his
address in in Prior Lake, this is also his home and they live in both places.
Secretary, Lloyd Becker, reviewed the past merger of title ordinance and pre-
vious City Attorney opinions on parcels such as this. Mike Sell noted that
within the surrounding area of some 42 homes, 12 appear as on 40 foot lots and
30 are on combinations of lots of larger size. Chairman Swedberg noted that to
recognize and approve a waiver in this situation would fly in the face of the
intent of past ordinance and the status of the lots as presently combined.
After considerable discussion, it was the consensus of the Board to reject
this request as a waiver, noting the lots are recognized as combined and as such
the house as it exists conforms to the required setbacks on the south side. The
history of the tax statement, the City Attorney's previous opinion on such par-
cels make the variance request moot.
Mr. Petrick was provided the opportunity to respond to the Board's discussion
and he replied he felt it was a platted lot and he wanted to build on it.
Larry Smith moved to reject the petition and take no action on the proposal .
Second by Art Flannagan and upon vote carried unanimously.
Chairman Swedberg advised Mr. Petrick of the appeal process to the City Council
that is available to him. Mr. Petrick said "he wasn't interested".
87-7-25 (Map 10) Residential
4315 Tyrol Crest
Douglas C. Diedrich
The Petition is for waiver of Section
3A.06(1 ) front setback for 13.2 feet off the required
35 feet from Tyrol Crest to a distance of
21.8 feet from Tyrol Crest to the proposed
addition.
The petition contained consent of all adjacent properties. Mr. and Mrs.
Diedrich were present. No others were in attendance.
Board of Zoning Appeals � � � i
Page 5
July 14, 1987
Chairman Swedberg noted a similar petition had been approved by the Board in
September, 1984; however, only the entry way was completed, not the room addi-
tion to the north. Approval for the addition expired after one year because it
wasn't built. The present proposal , while similar, provides for the addition
along the entire length of the side of the existing home rather than just a por-
tion as previously requested.
Mrs. Diedrich described the existing home as being constructed on a concrete
slab with very limited storage space. The purpose of the addition is to provide
an additional bedroom and storage space. Mrs. Diedrich noted the topography of
their lot and also that it is an unusual corner lot that fronts on June Avenue,
Sussex Road and Tyrol Crest, which results in a 35 foot setback requirement
around most of the lot.
The Board discussed the proposed deck portion of the addition. Mrs. Diedrich
said this was a ground level patio slab not a structure. Chairman Swedberg
noted the hardship of topography and the characteristic of the lot which fronts
on three streets and the limited area for expansion on the site.
Mike Sell discussed the previous waiver as granted noting that while slightly
longer and wider, the present proposed addition is very similar in character to
what had previously been approved.
Mike Sell moved to approve the waiver as requested, recognizing the unusual
topography of the lot, the frontage on three streets and the existing structural
characteristics of the home. Second by Art Flannagan.
During discussion on the motion, Keven McAleese questioned whether the ground
level slab for the patio would require a waiver. Secretary Lloyd Becker
responded no as there was no structure involved merely patio block and landscape.
The Chair called the vote on the motion and it was unanimous for approval .
87-7-26 (Map 8) Residential
40 No. Lilac Drive
Dennis Post
The Petition is for waiver of Section
3A.06(1) front setback for 6.4 feet off the required
35 feet from Cloverleaf Drive to a distance
of 28.6 feet to the house as it now exists
and to the proposed addition.
Mr. Dennis Post and his contractor were present. The petition was in order and
consent obtained from adjacent properties. Mr. Post described his addition to
add to the house in line with the setback as it now exists at 28.6 feet from
Cloverleaf Drive. The house is a corner lot and no record of any waiver exists
for that setback.
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Board of Zoning Appeals
Page 6
July 14, 1987
Mr. Post described the house as two bedroom and with four children he needs
additional room. He described his abstract for the property as reading like a
book with covenant for a minimum size square footage house that could be built
and certain required location of the house as it now exists on the lot.
Mike Sell said he was somewhat familiar with the area when it developed and the
present setback from Cloverleaf Drive could well have resulted when the streets
were extended as development occurred. Following further discussion on the
history of this and other property in the area, Art Flannagan moved to approve
the waiver as requested noting the configuration of the lot, the existing set-
back, the history of covenants on the property and the substantial improvement
to the present home the addition would provide. Second by Larry Smith 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 9:15 P.M.
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1�'�a�3w� ��a�r'�an oyd G. Becker, Secretary