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11-10-87 BZA Minutes f� o � �! MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS November 10, 1987 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, November 10, 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 Art Flannagan Larry Smith Absent by prior arrangement, Mike Sell . There were no alternates available for this meeting. �° The first order of business was approval of the minutes of a regular meeting held October 13, 1987, copies of which had previously been distributed to the Board. Larry Smith moved to approve the minutes as written and presented. Second by Art Flannagan and upon vote carried. 87-11-38 (Map 8) Residential 420 Burntside Drive William and Nancy Groves The Petition is for waiver of Section: 3A.06(1) front setback, for 3.5 feet off the required 35 feet to a distance of 31.5 feet from the front lot line to the northwest corner of the house as it now exists at its closest point, and for Section 3A.06 rear setback, for 5.8 feet off the required 27.9 feet from the north lot line to a distance of 22.1 feet to the house as it now exists at its closest point, and for Section 3A.06(1 ) front setback, for 3 feet off the required 35 feet to a distance of 32 feet from the front lot line to the proposed addition at its closest point f rom Burntside Drive. The petition was in order and consent obtained from all adjacent properties. Mr. William Groves was present. No adjacent neighbors attended. Board of Zoning Appeals j� o � J Page 2 November 10, 1987 Mr. Groves noted he had been a long term resident of Golden Valley. Because of a job change, they moved to Kansas City. They recently had the opportunity to return to the area and immediately looked for a home in Golden Valley and purchased 420 Burntside Drive. Mr. Groves said he didn't realize the home was non-conforming for setback in certain areas when he purchased it. Having a survey done to explore the feasi- bility of expansion revealed the problem. He noted this is a corner lot with an exceptionally long radius which results in a substantial portion of the lot affected by the 35 foot setback requirement. The proposed addition follows within the 35 foot setback requirement except for the farthest corner which at its closest point projects approximately 3 feet into the setback. The other variances are for the house as it exists. The Board discussed and examined in detail the proposed addition. To construct the proposed addition along the 35 foot radius would result in curved walls, unusual construction characteristics and odd appearance. Mr. Grove said he had discussed his proposed addition with all the neighbors and they were enthusi- astic about the improved appearance and the improvement to the neighborhood as well . Art Flannagan said he agreed with that observation, noting it is a beautiful lot and the addition would enhance the existing structure. Art Flannagan moved to approve the waivers as requested noting the unusual con- figuration of this corner lot and the placement of the existing home which leaves no other reasonable alternative for an addition. Second by Larry Smith. During discussion on the motion, Kevin McAleese noted that an existing three- season porch (which is proposed to be removed to provide for the new addition) projects slightly into the front setback. McAleese said if the proposed waiver was not acted on within one year, the existing porch would be non-conforming. The Board agreed that should this occur, the waiver of 3 feet for the addition at its closest point would also apply to the three-season porch as it exists. Chairman Swedberg called the vote and it was unanimous for approval . 87-11-39 (Map 12) Radio 917 North Lilac Drive K.Q.R.S. , Inc. The Petition is for waiver of Section: 6.07(3)a side setback, to provide for an addition to the existing building in line with the present setback of 5.1 feet from the north lot line. .I o J � Board of Zoning Appeals Page 3 November 10, 1987 The petition was in order. Consent had been obtained from all adjacent properties. However, several days before the meeting, Ms. Helga Burba of 2915 Everest Lane, Plymouth, MN came to Director of Zoning & Inspection, Lloyd Becker, and asked to have her approval removed from the petition. Ms. Burba owns an adjacent two-family dwelling which she rents out and she was con- cerned for the landscaping and appearance of the K.Q.R.S. addition. Ms. Burba was in attendance at the meeting. Present for K.Q.R.S. was Mark Steinmetz, General Manager of K.Q.R.S. and Mr. Robert Pierce, the architect for the project. Secretary Lloyd Becker reviewed the proposed Highway Dept. improvement to the service road which will require some taking of the K.Q.R.S. property and an existing two-family dwelling at the corner of Lindsay and the Lilac Drive service road. Lloyd Becker also provided a history from city files on the development of the K.Q.R.S. site and previous B.Z.A. approvals of setback along the north lot line in 1974 and 1981 . The original building constructed in the 1940's began at what amounted to a two-car garage in conjunction with the antenna installation. Mr. Pierce made the presentation to the Board. The proposed addition is approximately 3,100 sq. ft. The site will meet all required parking and other setbacks. The addition is in line with the existing building and will have the same exterior appearance. Presently there is a portable office trailer that was approved by the Golden Valley City Council for temporary use. This would be removed should the waiver be approved. Mr. Steinmetz noted there are no further plans for expansion. Based on the size of the station market and the broadcast characteristics, the new addition should meet all of their needs. Mr. Steinmetz noted he had mailed a letter to Ms. Burba with his assurances that any existing landscape damage during construction would be replaced and he would cooperate with her to alleviate her concerns. Chairman Swedberg provided Ms. Burba the opportunity to comment. She noted her two-family dwelling is almost new, requires substantial rents and she was con- cerned about the view to her tenants. Ms. Burba noted the decks and outside living area is in the rear of her building and adjacent to K.Q.R.S. Mr. Steinmetz noted there are no windows proposed for his building on the side facing Ms. Burba's property. The addition is for broadcast studio. Ms. Burba said that broadcast noise comes through on the telephones and on A.M. radio. Mr. Steinmetz responded that this occurs around radio stations. He noted they have worked with other adjacent neighbors and there are suppression systems that alleviate this condition. They would provide the same for her tenants and will have their broadcast engineers contact her tennants. Chairman Swedberg commented that the K.Q.R.S. property was platted as it exists for well over 40 years. It started with a small building and has grown several times on a very difficult lot configuration. Mahlon asked the architect if they had considered adding toward the rear rather than the front. Mr. Pierce said yes they had looked at several possibilities but it would only distract from the site by moving the parking out in front and more visible from properties such as Ms. Burba's. � o � � Board of Zoning Appeals Page 4 November 10, 1987 Kevin McAleese noted that the 100 foot setback required in this instance is ridiculous and addresses the antennas which more than meet the 100 feet. McAleese noted there is no reasonable application for the 100 feet to the building as the lot is only 98 feet wide. Following general discussion on the landscape and noting the Building Board of Review will have an opportunity to review and comment, Kevin McAleese moved to approve the waiver as requested to provide for the addition in line with the existing building along the north lot line consistent with previous approvals by the Board. Second by Art Flannagan and upon vote carried unani- mously. Secretary Lloyd Becker assured Ms. Burba he would notify her of the Building Board of Review Meeting that addresses this proposal . There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 8:30 P.M. ��� � Mahlon Swedberg, Chairman yd G. Becker, Secretary