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05-10-88 BZA Minutes � 05 � MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS May 10, 1988 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, May 10, 1988, 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, Art Flannagan Kevin McAleese Mike Sell Mahlon Swedberg Nerb Polachek, alternate Absent by prior arrangement, Larry Smith. The first order of business was approval of the minutes of a regular meeting held April 12, 1988, 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. 88-5-15 (Map 15) Residential 6905 Winsdale Gary Carpentier The Petition is for waiver of Section: 3A.06(1) front setback, for 2 feet off the required 25 feet f rom Jersey Avenue to a distance of 23 feet from the lot line to the proposed garage addition. (Present home is 25 feet from Jersey Avenue, approved September 12, 1972, Board of Zoning Appeals), and for 4 feet off the required 35 feet from Winsdale Avenue to a distance of 31 feet from the lot line to the proposed garage addition. The Petition was in order and consent obtained from all adjacent properties. Present for the meeting was Mr. Gary Carpentier and his contractor, RuHow Construction. Secretary, Lloyd Becker, noted that the petition should read for 2 feet off the required 25 feet from Jersey Avenue to a distance of 23 feet from the lot line to the proposed addition and for 4 feet off the required 35 feet from Winsdale Avenue to a distance of 31 feet to the proposed garage addition. The survey presented for the addition did not show that the existing �onstruc- tion was cantilevered 2 feet over the present foundation on the side facing Winsdale. � O � � Board of Zoning Appeals Page 2 May 10, 1988 Mr. Carpentier explained that his house is typical of others in that subdivision. However, he is on a corner lot and has no other alternatives. The present garage is 20 feet in depth, has interior steps and a fireplace that projects into the space. The attached garage is 22 feet wide. Mahlon Swedberg questioned the principal use for the proposed addition, more cars or a business in the garage? Mr. Carpentier replied the proposed space is more for storage because at 20 feet in depth he has no room for anything. Kevin McAleese said it is difficult for him to find a real hardship, but can understand the existing 20 foot depth is a limited area. McAleese also noted that when built a variance to 25 feet from Jersey was previously granted for this and other homes in the subdivision. After much additional discussion on the construction characteristics of the existing home and how the proposed addition would be added, Mr. Carpentier said he would be agreeable to reducing the proposed garage width toward Winsdale to no further than the cantilevered area as it now exists (2 feet). With this modification and noting the restraints of the 20 foot depth, Mike Sell moved to approve a waiver for 2 feet off the required 25 feet from Jersey Avenue to a distance of 23 feet from the lot line and for 2 feet off the required 35 feet from Winsdale to a distance of 33 feet from the lot line to the house as it now exists and the proposed addition. Mahlon Swedberg seconded the �mo�tian and upon vote carried unanimously. 88-5-16 (Map 5) Residential 5130 Minnaqua Drive Michael Thomas Day The Petition is for waiver of Section: 22.50(1 ) (general development waters), Shoreland Ordinance, for 10 feet off the required 50 foot setback from the bank edge of Bassett Creek to a distance of 40 feet as the house and attached deck exist at their closest point. Purpose of the waiver is to allow a bay window with footings and wall support to be constructed . within line of the existing house. The petition contained consent from all adjacent properties. Mr. Day was present. • Secretary, Lloyd Becker, explained that several years ago the City enacted a Shoreline Ordinance as required by the DNR to address potential development along certain designated waters in the City. This particular house has one corner that exists within the 50 foot setback line from the bank of Bassett Creek. The proposed bay window falls into an extension of that line. Because of the size of the window, it cannot be cantilevered satisfactorily and requires a foundation for support. The foundation has no openings and has no impact from a flood plain elevation. Board of Zoning Appeals � U J � Page 3 May 10, 1988 Mr. Day explained the construction required for the bay window. He noted his surprise when he came to the Building Department for a permit and found he had a problem with the ordinance. Mike Sell noted the need for a shoreland ordinance and said there could be many similarities in this co�nunity as well as the state as a whole where existing properties may conflict with the ordinance and will at some time have to be addressed. In this instance, only a corner of the house is affected and the pro- posed window does not further impact the required setback. He noted that a letter had been received by Mr. Day from the Bassett Creek Commission that there was no requirement or limitation by them in this instance. Mike Sell moved to approve the waiver as requested, second by Herb Polachek and upon vote motion carried unanimously. 88-5-17 (Map 9) Residential 4501 Strawberry Lane (Lot 6, Block 2, Fredsall 's Addition) Southwest corner of Strawberry Lane and Westwood Dri ve Al1an and Mary Shapiro The Petition is for waiver of Section: 3A.06(1 ) front setback for 4 feet off the required 35 feet from Westwood Drive to a distance of 31 feet to the archway extension only and for, Section 3A.06(3) side setback, for 4 feet off the required 15 feet f rom the west lot line to a distance of 11 feet to an overhang with supporting posts. Mr. and Mrs. Shapiro were present. Consent had been obtained from adjacent properties. No others were present on this proposal . Mr. Shapiro noted this is a corner lot with unusual topography. The surrounding homes, because of topography, lot configuration and designs do not establish a fixed visual setback line. Westwood Drive at the south end of this lot curves at almost a 90 angle to the east and there is the nature area and low land to the south. Mr. Shapiro described in detail the appearance and structural characteristics of their proposed new home. The waiver required along the east side is only for a gable support to provide the symetry to a similar gable along the front. The waiver on the west lot line is for support of the roof overhang that again provides the continuity of appearance. The design of the home is not only for the Shapiro's needs but to meet the established characteristics of the neigh- borhood. �I � J � Board of Zoning Appeals Page 4 May 10, 1988 Kevin McAleese said he is troubled by a waiver for a new house which could be designed to meet all requirements on a lot. He recognized that precedent has been set by previous waivers granted specifically on corner lots in recognition of topography, lot configuration and characteristics unique to each proposal . He noted the topography of this lot and the sabstantial soil correction and fill required and while uncomfortable in doing so, he would vote favorably on this proposal . After further review of the plans as they relate to the setback areas, Mahlon Swedberg moved to approve the waiver as requested, noting the topography of the lot, the adjacent street configuration, the extensive soil correction required in this instance and the importance of a structure that maintains the substan- tial eharacteristics of this neighborhood. Second by Herb Polachek and upon vote carried unanimously. 88-5-18 (Map 17) Residential Westchester Circle John A. Twomey, M.D. The Petition is for waiver of Section: 3A.06(3)a side setback, for 9.7 feet off the required 15 feet from the south lot line to a distance of 5.3 feet from the lot line to the proposed garage addition at its closest point. Dr. Twomey was present with the designer of the proposed addition, Brian Hansen. Consent had been obtained from all adjacent properties. No others were in attendance for this proposal . Dr. Twomey said his parents built this home in 1958. He purchased the home from his mother 7 years ago. When the home was built, it was designed around the characteristics of the lot topography which is a steep slope to the rear with a drop of about 30 feet to a swamp and in consideration of many large;beautiful oak trees which subsequently were lost almost 20 years ago to this day by a tor- nado which struck Golden Valley. All the other houses near him have the equiva- lent of 3 garage stalls because of topography and limitations for other storage alternatives. Westchester Circle is exactly that and there is no direct align- ment established by adjacent homes. Brian Hansen explained the proposed construction which includes an additional bedroom. Kevin McAleese noted the overall improvement and not being just another garage stall added, but construction that relates to the existing con- ditions of the house, the topography and lot configuration. At the close of discussion, Mahlon Swedberg moved to approve the waiver as requested. Second by Mike Sell and upon vote carried unanimously. '� 05 � Board of Zoning Appeals Page 5 May 10, 1988 88-5-19 (Map 21) Light Industrial 8109 Lewis Road, Anchor Tool and Plastics Ronald R. Rogers The Petition is for waiver of Section: 6.07(c) side setback, for 7.4 feet off the required 20 foot setback from the west lot line to a distance of 12.6 feet to the proposed addition at its closest point; and for 2.9 feet off the required 20 foot setback from the east lot line to a distance of ]7.1 feet to the proposed addition at its closest point. The petition was in order. Consent obtained from adjacent properties. The owner had previously written a letter for distribution to the Board that he could not be in attendance at the meeting but would have a company represen- tative, Ms. Gloria Hayes, at the meeting. Mr. Rogers in his letter noted he is a member of the City of Medina Planning Commission and several important issues required his attendance. Ms. Hayes was in attendance. However, during the meeting a family emergency occurred because of surgery on a member of her family and she was called from the meeting. The Board felt it appropriate to hear the proposal . Secretary, Lloyd Becker, noted that when this industrial area was developed only a 10 foot setback was required. The lots were divided around a semi-circle (Lewis Road) and as the buildings were placed adjacent to the lot lines, the lot lines converged toward the front and any addition projects at the corners into the setback. This building, when constructed, more than met the 10 foot setback requirement but now with 20 feet required, the proposed construction projects at the corner into the 20 feet. The building as it exists has the office area centered in front but not for the full width of the building. The proposal is to "fill in" the two sides even to the edge of the existing exterior walls on the east and west side. The structure more than meets the required 35 feet in front. Mike Sell noted he is familiar with development when built in this area. Squaring off the front makes good sense, has no impact on adjacent properties and would enhance appearance. Mike Sell moved to approve the waivers as requested, noting the unusual lot con- figuration in the area and the previous setback of only 10 feet when built. Second by Herb Polachek and upon vote carried unanimously. �� � `� � Board of Zoning Appeals Page 6 May 10, 1988 88-5-20 (Map 14) Industrial 2300 Nevada Avenue North Mui Li Wan, Inc. The Petition is for waiver of Section: 7.05(1 ) front setback, and landscape area for 9 feet off the required 35 feet to a distance of 26 feet at the center of the two driveways on the lot as it now exists. The Petition was in order. Consent obtained from adjacent properties. Present for the meeting was Marian DuCharme of Mui Li Wan, Inc. , and several other unidentified persons. The Board had previously been provided staff reports, and copies of Planning Commission minutes which recommend approval of a conditional use to provide for the preparation of food products on this site. The existing building was previously occupied by United Dressed Beef. When built, the required landscape areas were noted on the plan but never fully established. In addition, the parking lot surface and curb and gutter as they exist, never did conform. Ms. DuCharme explained their site plans address all these items and they will be brought to compliance with the current zoning code. The petition is only for an area between the two driveways in front of the building which exist as 26 feet of landscape and abut a solid concrete pad area for truck parking and manueuvering. Secretary, Lloyd Becker, noted there is an existing sign in the setback area that does not conform. However, there is no variance provisions to the sign ordinance which is not a part of the zoning code. Staff recommended that the sign as it exists remain in a non-conforming status and at such time as it is removed, altered or destroyed any new signage be established in conformance. At the close of discussion, Mahlon Swedberg moved to approve the variance for the area as requested and described on the site plan. Swedberg noted this puts a building vacant for one and a half years back in an active status and provides for a substantial upgrade to current standards of the landscape and parking area requirements of the current zoning code. Second by Kevin McAleese and upon vote, motion carried unanimously. The site plan presented as part of this proposal is to be filed as Exhibit A. 88-5-21 (Map 7) Residential i arney rive Neil Nelson The Petition is for waiver of Section: 3A.06(1 ) front setback, for 4 feet off the required 35 feet setback to a proposed setback of 31 feet to the deck from Killarney Drive. Board of Zoning Appeals '� o � � Page 7 May 10, 1988 Mr. and Mrs. Nelson were present. Consent had 6een obtained from all adjacent properties. No others were in attendance. Mr. Nelson noted his proposal is to replace an existing deck although this one is modual and therefore slightly larger. Their home is on a lot at the end of Killarney Drive. The lot is a 90 triangle and the house as placed just fits within side, rear and front setback lines. They abut the railroad track at the side and rear. There are no adjacent homes in alignment. After discussion by the Board on the design of the deck, Mahlon Swedberg moved to approve the waiver as requested noting the unusual configuration of the lot, the topography and elevated railroad tracks .on the side and rear and the dead end of Killarney Drive. at that point. Second by Mike Sell and upon vote carried. 88-5-22 (Map 11) Corranerci al 1900 Douglas Drive Union 76 Gregg Malik The request is for administrative review by the Board of Zoning Appeals of marine repair and boat storage as an appropriate or conditional use on the site. This item was not in petition form but had been placed at staff request on the agenda for a determination and affirmation of an opinion by the City Attorney which found Mr. Malik in violation of existing zoning codes applicable to his property. The Board had previously been provided with all staff reports, correspondence with Mr. Malik and the attorney's opinion. Mr. Malik was present and addressed the Board. He stated the present ordinance only provides for automobile repairs at service stations and he contended all other stations in the City are in violation if they work on trucks, motor homes, etc. He acknowledged that by having four large boats all winter on his service station site, he was abusing the intent of the zoning code. He noted one boat was his and he was willing to limit it to only his boat. he described his marine repairs and the necessity to have the boats on site to work on them. The Board continued a lengthy discussion and exchange with Mr. Malik on the merits of the existing ordinance, the attorney's opinion and the direction Mr. Malik could take in this matter. Chairman Flannagan read the letter sent by staff to Mr. Malik which contained the attorney's opinion that "he is in violation of the present code". Mr. McAleese stated that he himself is an attorney and it is his opinion that the city is correct. The discussion was closed by Chairman Flannagan. Mahlon Swedberg moved that it is the determination of the Board of Zoning Appeals acting under the powers as defined in Section 14.04 B(1 ), of the City Zoning Code the Board finds the City Attorney's opinion as correct in substance and application. Second by Mike Sell and upon vote unanimous by the Board. `i 0 5 � Board of Zoning Appeals Page 8 May 10, 1988 Mr. Malik asked what recourse he had or what direction he could take in this matter. Chairman Flannagan noted the appeal process to the City Council as provided by the ordinance. However, it appeared to him an appeal would be unproductive recognizing the attorney's opinion as given. Secretary, Lloyd Becker, noted that staff has provided Mr. Malik direction wherein he could request the present ordinance be amended with provisions for a conditional use permit for the activity he wants to continue. If approved, he could be brought into compliance by his response. It appeared that was the direction Mr. Malik would take. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:30 P.M. Art F a nagan, irman Lloy G. ecker, Secre y �