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08-11-87 BZA Minutes MINUTES OF A REGULAR MEETING OF THE � O � J GOLDEN VALLEY BOARD OF ZONING APPEALS August 11, 1987 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, August 11, 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 Kevin McAleese Larry Smith Art Flannagan Mike Sell The first order of business was approval of the minutes of a regular meeting held July 14, 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. 87-8-27 (Map 20) Residential 1325 Independence Avenue North Robert & B;everly Jennings The Petition is for waiver of Section 3A.06(3a) side setback for 3 feet off the required 15 feet side setback from the north lot line to a distance of 12 feet to the house as it now exists and for waiver of Section 3A.11(1 ) to allow the new garage to be placed par- tially along side the existing house because of topography. The Petition was in order. Mr. and Mrs. Jennings were present. No others were in attendance. Mr. Jennings explained they proposed to tear down the existing old single- car detached garage and replace it with a new one. The rear of the lot abuts the service road to County Road 18 and there is a steep bank approxi- mately 20 feet down to the road. This topography prohibits the location of the garage 10 feet wholly to the rear of the house as required. They would meet the 10 foot separation between the garage and house by setting the garage to the side and as far to the rear as possible as shown on the survey. Secretary, Lloyd Becker, further explained that this house was originally on a 60 foot lot and some time ago a portion of the adjacent lot was acquired making the total width 100 feet wide. In doing so, rather than the side setback from the north being 12 feet to the existing house, 15 feet is now required. Therefore, this was included in the waiver request to legalize the existing home. y� V � � Board of Zoning Appeals Page 2 August 11, 1987 The Board discussed in detail the location of the proposed garage and the extreme topography at the rear of the lot. There was a consensus that the topography severly limited placement of the structure wholly to the rear of the house and Art Flannagan moved to approve the waivers as requested which include the existing side setback of the house. Second by Larry Smith and upon vote carried. 87-8-28 (Map 5) Residential 4505 Heathbrooke Circle Dr. Ivan L. & Karen Brodsky The Petition is for waiver of Section 3A.08 to allow the proposed mansurd eaves to over- hang beyond 30 inches to a distance of 31 .1 feet from the north lot line. The Petition was in order and consent obtained from all adjacent properties. Dr. and Mrs. Brodsky were present. No others were in attendance. Secretary, Lloyd Becker, reviewed for the Board the previous waiver granted last August for a room addition. Plans were submitted this July and a permit issued for construction before the one year requirement on the previous waiver had expired. The permit was issued subject to the 'architect making changes which would eliminate or by design make a front mansurd roof that faces Heathbrooke Circle conform to the 35 foot setback. Dr. Brodsky and the archi- tect felt this design was necessary to meet the existing roof line and esthetics of the house and they elected to file for this waiver. Mrs. 8rodsky described in detail the appearance of the mansurd. Lloyd Becker explained the zoning code provides for a 30 inch overhang, however, the mansurd is 48 inches and supported by several posts. Mike Sell noted this is a corner lot and the side along Heathbrooke Circle the lot is angled and widens the setback as it goes westerly and if the mansurd had been in that direction it appears no waiver would be needed. Mahlon Swedberg noted the advantage of esthetically matching the neighborhood and the intrusion of the posts into the setback was minimal . Art Flannagan said it was practical to provide for the mansurd and posts. Mike Sell moved to approve the waiver as requested noting this is a corner lot with two 35 foot setbacks required, the placement of the existing house on the lot and the lot line as it is angled along Heathbrooke and the waiver is required only along the closest point. Second by Kevin McAleese and upon vote carried. Mike Sell noted the two remaining items on the agenda and suggested to the chair the agenda be reversed to provide more time to address the 1314 Orkla item without undue delay to the petition at 6463 Westchester Gircle. The Board concured and Mike Sell moved to revise the agenda and provide for 6453 Westchester Circle to be heard next, second by Art Flannagan and upon vote carried. '� � 1J Board of Zoning Appeals Page 3 August 11, 1987 87-8-30 (Map 17) Residential 5 Westchester Circle Alan L. & Dolores L. Anderson The Petition is for waiver of Section 3A.06(3a) side setback for 2 feet off the required 15 feet to a distance of 13 feet from the south lot line to the proposed room addition. Mr. and Mrs. Anderson were present. No others were in attendance. The petition was in order. Mr. Anderson explained the proposed addition. In doing so he called attention to the unusual shape of his lot. The lot along the back is 292 feet wide, along the front it totals 187 feet. The west side is approximately 31 feet to the radius at the corner and this side abuts Georgia Avenue. The east side has a portion of the lot perpendicular to the rear lot line that is 30 feet long and then the side lot line angles to the west for 150 feet at about a 45 degree angle toward the front lot line. The total square footage of the lot exceeds by more than twice the area required by the zoning code. However, the shape of the lot required the house to be placed where it is when bui1t and any subsequent addition such as proposed would required a waiver as there are no alternatives. Following discussion by the Board of the construction characteristics of the proposed addition, Mike Sell moved to approve the waiver as requested noting the unusal configuration of the lot and the topography. Second by Art Flannagan and upon vote carried. 87-8-29 (Map 20) Residential 131 Orkla Drive Donald & Helen Hughes The Petition is for waiver of Section 3A.06(3b) side setback for 2 feet off the required 12 feet from the north lot line to a distance of 10 feet at the closest point to the garage and for Section 3A.06(1 ) front setback for 6 feet off the required 35 feet from Orkla Drive to a distance of 29 feet to the garage. The purpose of the waivers is to allow enclosure of the existing carport. � � 1 V Board of Zoning Appeals Page 4 August 11, 1987 The petition was in order. Mr. Hughes was present. No others were in attendance. Mr. Hughes explained his proposal which is to enclose the existing carport into a garage. The present posts that support the roof assembly conform to setback requirements. The roof assembly overhangs those supports and when enclosed would infringe into the required setback approximately as petitioned for waiver. Mr. Hughes also noted his home has no basement, is built on a slab and the garage would not only provide enclosure for his vehicles but some storage space also. The topography of the lot and the shape of the lot prohibits any other alternatives for construction. Following discussion by the Board of the topography and shape of the lot and noting Orkla Drive angles northerly and the adjacent homes are not in direct alignment which would affect front setback appearance, Art Flannagan moved to approve the waiver as requested, second by Mike Sell and upon vote carried. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 8:15 P.M. u���4�U�/ � Mahlon Swedberg, Chairy� n oyd G. ec er, Secretary