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06-14-88 BZA Minutes MINUTES OF A REGULAR MEETING OF THE � � J� GOLDEN VALLEY BOARD OF ZONING APPEALS J une 14, 1988 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, June 14, 1988, at 7:30 P.M. in the Public Safety Building of the City of Golden Valley, MN, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Chairman, Art Flannagan Kevin McAleese Mahlon Swedberg Larry Smith Absent by prior arrangement, Mike Sell . The first order of business was approval of the minutes of a regular meeting held May 10, 1988, copies of which had previously been distributed to the Board. Larry Smith moved to approve the minutes as written and presented. Second by Herb Polachek and upon vote carried. 88-6-23 (Map 12) Residential 510 Phoenix Street Tamara & John Heubach, Jr. The Petition is for waiver of Section: 3A.06(1) front setback, for 3.6 feet off the required 35 feet from Phoenix Street to a distance of 31.4 feet to the house as it now exists and for Section 3A.06(3)a side setback, for 9 feet off the required 15 feet side setback from the east lot line to a distance of 6 feet from the lot line to the proposed addition at its closest point. The Petition was in order and consent obtained from adjacent properties. Mrs. Heubach was present and explained the proposed addition. The present property is a composite of three parcels of land; however, the existing home is placed almost entirely on one parcel 70 feet in width. It appears that when the home was built on the 70 foot portion, it met the required 10 percent side setback. When combined with the adjacent parcel , which is 50 feet in width, the side setback is 15 feet. �� o �� Board of Zoning Appeals Page 2 June 14, 1988 Mrs. Heubach further explained that the proposed addition will make the existing non-functional room into a useable room and it will be reduced in size somewhat from what is shown on the agenda. The Heubachs have owned the home for approxi- mately one year. Mrs. Heubach said she planned to do some day care in the future. Mahlon Swedberg questioned secretary, Lloyd Becker, if day care was a permitted use in a residential area. Lloyd Becker described current state law which pre-empts local zoning and provides for day care for up to 10 children in a residential district. Mrs. Heubach said if she does do day care in the future, it would not be for more than three or four children. The proposed room addition is not specifically proposed to provide space for day care purposes. Mahlon Swedberg noted that the existing home is set on a slight angle on the lot and the proposed addition to the rear follows that angle toward the side setback of the east lot line and the distance is cumulative. The existing front setback of 31 .4 feet at its closest point appears to be a result of the house placed on an angle in error on the lot, as the opposite end of the house at 34.4 feet almost conforms to the required front setback. At the close of discussion, Mahlon Swedberg moved to approve the waiver as requested noting the placement of the existing house on the lot, the requirement of additional side setback to 15 feet as a result of the lot combination and the overall improvement to the existing structure. Second by Herb Polachek and upon vote the motion for approval carried unanimously. 88-6-24 (Map 9) Residential 4646 Sunset Ridge Dr. Arthur & Carole Bearon The Petition is for waiver of Section: 3A.06(1 ) front setback, for 11 feet off the required 35 f eet from Natchez Avenue to a distance of 24 feet to the proposed addition, and for Section 3A.06(3)a side setback for 5 feet off the required 15 feet f rom the east lot line to a distance of 10 feet to the house as it now exists. The petition was in order and consent obtained from adjacent properties. Dr. and Mrs. Bearon were present. Secretary, Lloyd Becker, noted that a new survey had been done and submitted with the petition. However, it did not specifically describe the distance to the proposed addition f rom the lot line adjacent to Natchez and it did not show the distance of the existing house from the east lot line. The east lot line angles from south to north approximately 30 degrees and the house at its closest point did not appear to meet the required setback. To assemble the agenda, staff scaled the distances noted. The surveyor submitted further survey data several days before this meeting and the distances are for 13.1 feet off the required 35 feet from Natchez to a distance of 21.9 feet from the lot line to the proposed addition at its closest point and for 2.5 feet off the required 15 feet from the east lot line to a distance of 12.5 feet from the lot line to the house as it now exists at its closest point. r� � � � Board of Zoning Appeals Page 3 June 14, 1988 Dr. and Mrs. Bearon explained in detail their proposed addition and they reviewed the large photographs provided with the petition. They noted they are on a corner lot with 35 foot setback required f rom Natchez Avenue and Sunset Ridge. The topography and shape of the lot combined with placement of the existing house leaves no other alternative for expansion. Larry Smith noted the distance from the east lot line is fixed by the existing house and approval of that part would correct the non-conforming status of that side. Mahlon Swedberg noted the topography and shape of the lot which is characteristic of that particular neighborhood. The proposed addition would not have a significant effect to alignment with adjacent properties. After general discussion by the Board on the construction characteristics of the proposed addition, Chairman Flannagan closed the discussion. Mahlon Swedberg moved to approve the waiver for the amended distances as pro- vided by further survey data for 13.1 feet off the required 35 feet from Natchez Avenue to a distance of 21.9 feet to the proposed addition and for 2.5 feet off the required 15 feet from the east lot line to a distance of 12.5 feet from the lot line to the house as it now exists at its closest point. Second by Larry Smith and upon vote carried unanimously. 88-6-25 (Map 11 ) Residential 675 Westbrook Road Norman & Madeline Knafla The Petition is for waiver of Section: 3A.06(3)a side setback for 1 .4 feet off the required 15 feet side setback to a distance of 13.6 feet from the east lot line to the corner of the house at it now exists. Mrs. Knafla was present. Consent obtained from all adjacent neighbors. Secretary Lloyd Becker described the event leading to the necessity of this petition. This was one of the first homes, if not the first home is this sub- division. A survey was on file and appeared the placement of the existing home was correct. A building permit was issued for a fully conforming three-season porch at the rear of the home. When the survey irons were exposed for measure- ment purposes during construction and when a line was stretched front to rear, a corner of the existing house was described as protruding into the required side setback on the east lot line. The existing home when built was of a width that exactly met the required 15 foot side setback on both sides; however, the house was placed slightly crooked on the lot and as a result the existing condition occurred. During previous discussion by Lioyd Becker with Mrs. Knafla, it was agreed that it was advantageous to have this non-conforming status for side set- back addressed by the Board. Larry Smith moved to approve the waiver as requested, noting in this instance it was more an administrative item to correct a minor error that occurred during the on-going construction. Second by Herb Polachek and upon vote carried unanimously. 'i � � � Board of Zoning Appeals Agenda, Page 4 June 14, 1988 88-6-26 (Map 6) Residential 1305 Spring Valley Road Thomas & Kathleen Conlin The Petition is for waiver of Section: 3A.11(1 ) accessory buildings, for one foot six inches off the required 10 foot separation between house and detached garage to a distance of eight feet four inches between the structures. Mr. and Mrs. Conlin were present. Consent had been obtained from all adjacent properties. Mr. Conlin explained that when their present remodeling and addi- tion plans were prepared by their architect for their existing home, it was not noted that they were in error regarding the separation to the existing detached garage. When plans were submitted for their building permit this distance was noted by staff. As a condition of the building permit, Mr. Conlin agreed to remove a corner portion of the garage to make it conform and this condition was noted on the permit when issued. Mr. and Mrs. Conlin said they decided to seek the variance because they intend to build a new garage in the future which would conform and in the interim would rather not remove a portion of the existing garage. During discussion by the Board, Kevin McAleese noted the present hardship was created by the owner as a result of their current remodeling; however, it appeared to him that if the owners were sincere in their plans to build a new conforming garage in the future, it might be more reasonable to leave the pre- sent garage in a non-conforming status for now rather than legitimize it by a waiver which would be permanent. This would also prohibit any further construc- tion to either the house or the garage until corrected. Mr. and Mrs. Conlin said they would be agreeable and for the record, fully intend to build a new garage which would conform in all aspects to the Zoning Code. After further discussion on the existing characteristics of the garage and the effects of removal of a corner at this time to make it conform, Kevin McAleese moved to grant BZA recognition and approval of the present Building Permit No. 16515 issued on April 1 , 1988, for the present remodeling to the existing house, conditioned on and in recognition that the house and present garage remain in a non-conforming status until such time as a new garage is constructed in full conformance with the code. Second by Mahlon Swedberg. During discussion on the motion, Secretary Lloyd Becker noted that if the vote is for approval , copies of these minutes will be attached to the existing building permit for future reference to insure subsequent compliance. Chairman Flannagan called for a vote on the motion and it was unanimous for approval . � 06 � Board of Zoning Appeals Page 5 June 14, 1988 88-6-27 (Map 9) Residential 15 Janalyn Circle Jerry & Theresa Scovel The Petition is for waiver of Section: 3A.06(3)a side setback, for 9.9 feet off the required 15 foot side setback, to a distance of 5.1 feet from the west lot line to the proposed addition Mr. and Mrs. Scovel were present. Consent had been obtained from all adjacent neighbors. No others were in attendance. Mr. Scovel described their present single car attached garage, which is very narrow and typical of others constructed in that neighborhood. They have lived in their present home for 22 years. The proposed addition would add 10 feet in width and the overall result would be the minimum in width for two cars. If approved, Mr. Scovel noted there would still be a distance of 60 feet of open space between his adjacent neighbor. Mr. Scovel noted a property similar to his at 4223 Glencrest was granted a waiver to erect a double garage. The result was a substantial improvement. The Board reviewed sketches prepared by Mr. Scovel 's architect. During further discussion, the Board noted that on the survey pro- vided, the existing home is on a lot 120 feet in width. However, it was placed 15 feet from the side lot line on the west and is 55 feet from the east lot line. Based on the existing construction characteristics and location of the existing single-car attached garage, it would not be feasible to add to the other side. A detached garage to the east would be out of character with the entire neighborhood and would require a waiver also as it could not be piaced totally to the rear of the house as required. Mahlon Swedberg noted the curvature of the street which places the adjacent house to the west well back from alignment with the Scovel home and Swedberg also noted the large distance between the two structures. Mahlon Swedberg moved to approve the waiver as requested and described the proposed garage as the minimum in width for two vehicles. The addition would enhance the present structure and upgrade to 1980's standards. Swedberg further defined the hardship of the location of the existing home in relation to a balance between the east and west lot lines. Kevin McAleese seconded the motion and in doing so noted that the survey also shows the present house as 34.9 feet from the front lot line. The house is slightly angled as the opposite end is 35.3 feet from the f ront lot line. Secretary Lloyd Becker said staff noted this when the survey was submitted and that is why the dimension was circled because irrespective of the Board's action on the garage addition, it was his intent to ask the Board to address this minor error. As a result, Mahlon Swedberg amended his motion to include the existing front setback at 34.9 feet at its closest point. McAleese seconded the motion and upon vote carried unanimously. �� o � � Board of Zoning Appeals Page 6 June 14, 1988 88-6-28 (Map 17) Business & Professional Office 6500 Olson Highway Teachers Federation The Petition is for waiver of Section: 10.051 front setback, for 15 feet off the required 35 feet from Highway 55 to a distance of 20 feet to the parking area; and for 25 feet off the reguired 35 feet from Country Club Drive to a distance of 10 feet from the lot line to the parking area; and for 10 feet off the required 10 feet of landscape along the west lot line. The petition was in order. Consent had been obtained from four of the seven property owners adjacent to this proposal . Several were unde- cided or unavailable. Mr. Timothy Keran, Vice President of the Teacher Federations Credit Union was present to explain the proposal . Mr. Keran described this parcel as adjacent to the east side of the Credit Union Building. It is owned by the Minnesota Highway Department. The present zoning is "open" and the proponents are in the process of rezoning to B.P.O. so it can be used as additional parking for the present building. The Planning Commission has conducted a public hearing and recommends to the City Council approval of the rezoning. The Board reviewed the parking layout whieh would provide for an additional 23 spaces. Art Flannagan noted this is a highly visible corner and expressed his concern for adequate landscaping. Mr. Keran replied that if approved the lot would meet all City requirements for curb and gutter, asphalt surface, lighting and landscape. Kevin McAleese asked if Mr. Keran attempted to follow-up in contacting those persons who were not available on the petition. Mr. Keran said a letter had been sent to them but no other follow-up. Secretary Lloyd Becker noted that mailed notice by the City had been sent to all adjacent properties. Following further discussion on the overall needs for parking and future poten- tial for more space and activity on the Credit Union site, Mahlon Swedberg moved to approve the waivers as requested, subject to a landscape plan being submitted to the City Building Board of Review for their recommendation and comment and subject further to final approval of the required rezoning by the City Council of Golden Valley. Second by Herb Polachek and upon vote carried unanimously. � 06 � Board of Zoning Appeals Page 7 June 14, 1988 88-6-29 (Map 10) Residential 0 Alpine ass Gaylan L. Rockswold, M.D. The Petition is for waiver of Section: 3A.06(1 ) front setback, for 22 feet off the required 35 feet to a proposed new storage shed to a distance of 13 feet from the lot line at Alpine Pass to the proposed shed at its closest corner; and for 10.4 feet off the required 35 feet from Alpine Pass to a distance of 24.6 feet to the house as it now exists and a small addition that does not further encroach into the required setback. The Petition was in order and consent obtained from all adjacent properties. Mr. Gar Hargens of the firm Close Associates was present to represent Dr. and Mrs. Rockswold, who were not able to be present. Mr. Hargens noted that when built the house was oriented toward a platted street identified as Valley Place. The north side of the house faced Alpine Pass. Valley Place was subsequently vacated and therefore the north side of the house which contained the garage and utility area became the side that fronted on a street. The purpose of the remodeling is to remove this appearance at the back of the house in favor of a more formal entrance from Alpine Pass. Mr. Hargens described the topography and streets in the area and it appeared the neigh- borhood had been developed with many homes not necessarily placed relative to current setback requirements. The Board reviewed in detail_ the plans provided by the architect. In discussion Mahlon Swedberg noted what is best described as the quaintness of the area with characteristics much like an Alpine appearance. At the close of review and discussion, Larry Smith moved to approve the waivers as requested, noting the substantial improvement to the property, the previous vacated street which re-oriented the house appearance and the unusual topography, lot sizes and street configuration. Second by Herb Polachek and upon vote carried unanimously. 88-6-30 (Ma 20) Residential n epen ence Wayne & Rebecca Schmieg The Petition is for waiver of Section: 3A.06(1 ) front setback for 1 .4 feet off the required 35 feet to a distance of 33.6 feet from Independence Avenue, as the house now exists, and for 16 feet off the required 35 feet from Piymouth Avenue to a distance of 19 feet f rom Plymouth Avenue to the proposed deck (existing house at 23 feet). i0 �� Board of Zoning Appeals Page 8, 1988 June 14, 198$ Mr. and Mrs. Schmieg were present. Consent had been obtained from all adjacent properties. Secretary Lloyd Becker described his review of City files on this property. This was one of the first homes in this area and it appears this home and possibly others had been placed slightly in error for front setback from Independence. The home was constructed before Plymouth Avenue was upgraded to a collector street and it appears the side of the lot along Plymouth lost some setback area to right-of-way for Plymouth. Mr. and Mrs. Schmieg described their proposed deck. The main useable portion of the deck is at the rear of their house. Because of the way the existing house is constructed, a portion of the deck must be built along the Plymouth side to provide access to the main deck area. Mahlon Swedberg noted the waiver required off Independence is fixed as the house is already there. As it appears, the setback from Plymouth may have been created by acquisition of right-of-way. Mahlon Swedberg moved to approve the waivers as requested. Second by Larry Smith and upon vote carried unanimously. 88-6-31 (Map 15) Residential 1530 Pennsylvania Avenue North Bruce & Louise Moss The Petition is for waiver of Section: 3A.06(3)a side setback, for 2.7 feet off the required 15 feet from the south lot line to a distance of 12.3 feet from the lot line to the house as it now exists and the proposed deck addition in line with the existing setback. Mr. and Mrs. Moss were present. The petition was in order and consent obtained from all adjacent properties. The Board had previously been provided with copies of previous BZA action on this property in 1974. At that time, the contractor who built the home made an error on side setback. Instead of 15 feet from the south lot line, it was constructed at 12.4 feet. This error was brought before the Board of Zoning Appeals. The Board denied the waiver and it was appealed to the City Council and approved. Mr. and Mrs. Moss said they purchased the home approximately one year after it was built and until recently when they proposed a room addition, it wasn't known to them about the error in side setback. Board of Zoning Appeals �1 � � ? Page 9 June 14, 1988 The proposed new porch is entirely at the rear of the house and the new deck adjacent to the porch only extends to the rear of the house along the existing side setback line of 12.4 feet for a distance of 6 feet. Herb Polachek moved to approve the waiver as requested noting the proposed deck addition was in line with the existing house and the previous action by the City Council on this property. Second by Larry Smith and upon vote carried unanimously. There being no further business to come before the 8oard, it was upon motion, second, and vote to adjourn at the meeting at 8:50 P.M. � � Art lannagan, Chai an � 1 d . Becker, Secretary