Loading...
07-12-88 BZA Minutes �1 � � f3 MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS JULY 12, 1988 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, July 12, 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 Pro Tem Mahlon Swedberg Larry Smith Mike Sell Kevin McAleese Herb Polachek, alternate Absent by prior arrangement, Art Flannagan. The first order of business was approval of the minutes of a regular meeting held July 12, 1988, 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. 88-7-32 (Map 4) Residential 4861 Dona Lane Douglas B. Drolsum The Pe tition is for waiver of Section: 3A.06(3)a side setback, for 0.6 feet off the required 15 feet side setback to a distance of 14.4 feet from the west lot line to the proposed garage addition at its closest point. Mr. and Mrs. Drolsum were present. Consent had been obtained from all adjacent properties. No others were in attendance. Mr. Drolsum said he had built the home in 1957 and thought many times over the years about an addition. He recently obtained the services of an architect, had a survey done and found his proposed addition would be six tenths of a foot into the required 15 foot side setback. Mahlon Swedberg noted that on the petition an adjacent neighbor had expressed concern about a metal shed that exists at the rear of the Drolsum pro- perty. On the survey, this shed is shown as approximately 9 feet by 7 feet and located 9.2 feet from the rear of the house. Mr. Drolsum said he has no inten- tion of moving the shed and the neighbor's concern was that with the proposed addition the shed might be moved to the side of the house next to the neighbor's lot line. Secretary Lloyd Becker said no permit is required for a storage shed which is under 120 sq. ft. This shed approximates 45 sq. f t. Board of Zoning Appeals � o � J Page 2 July 12, 1988 The Board diseussed the structural characteristics of the proposed addition. Mike Sell noted the proposed garage addition is only 20 feet wide which is the absolute minimum width for two car garage. At the close of discussion, Mike Sell moved to approve the waiver as requested • and recognizing the metal shed as it exists at 9.2 feet from the rear of the house (10 feet required). Second by Herb Polachek and upon vote carried unanimously. 88-7-33 (Map 16) Residential 1109 Rhode Island Avenue North Gregory J. Kohler The Pe tition is for waiver of Section: 3A.06(3)c side setback, for 2.8 feet off the required 11.8 feet to a distance of 9 feet from the south lot line to the proposed garage addition, and for waiver of Section 3A.06(1 ) front setback, for 3.4 feet off the required 35 feet from Rhode Island Avenue to a distance of 31 .6 feet to the house as it now exists. Secretary, Lloyd Becker, informed the Board that he received a phone call at 3:00 P.M. today from the owner, Gregory Kohler. Mr. Kohler said he had sold the home as is and requested he be removed from the agenda. Herb Polachek moved to strike this item from the agenda, second by Larry Smith and upon vote carried. Secretary Lloyd Becker noted he has required a letter from Mr. Kohler for the files requesting his removal from the agenda. 88-7-34 (Map 15) Residential 1310 Jersey Avenue North Dr. and Mrs. Steven P. Ross The Pe tition is for waiver of Section: 3A.06(1) front setback, for 9.4 feet off the required 35 feet from Plymouth Avenue to a distance of 25.6 feet from the front lot line to the proposed deck. The petition was in order. Consent obtained from all adjacent propertiies. Dr. Ross was present. Also present was Mr. Sheldon Bernstein, architect. No adja- cent property owners were present. Mr. Bernstein said he was there to speak for Dr. Ross. He said he was at the meeting not in the capacity of an architect for Dr. Ross, but as a friend of the family to do what he could in representing Dr. Ross and explain the hardships he felt were applicable to this particular property. �� � / fl Board of Zoning Appeals Page 3 July 12, 1988 Mr. Bernstein noted this lot is one in a subdivision created by Mr. Dempsey, a developer, who received Council approval for certain lots along Jersey Avenue at a 25 foot setback because of soil conditions. This lot is 69 feet by 143 feet. The house faces Jersey Avenue. The proposed deck is on the south side and would project into the 35 foot set- back. Mr. Bernstein further described the south side as opposite Golden Valley Golf Course and the deck should be no problem for front alignment with the houses on the east because of the heavy trees and foilage. Also Plymouth Avenue becomes an incline several houses east. The Board and the proponents entered a lengthy exchange, approximately 45 minutes, on the construction characteristics of the existing house, the effect on adja- - cent properties, the options available to Dr. Ross and the general atmosphere of this subdivision. Kevin McAleese said he could not view this proposed deck in the front setback favorably. There is no apparent hardship. It will project in front of other adjacent homes, the trees and foilage referred to are seasonal secreenings and the trees may die or require removal . McAleese noted that each proposal is con- sidered on its merits and this is not to say that in some other situation or pro- posal he might not look favorably on a variance in a front setback. Mahlon Swedberg noted that Dr. Ross said he purchased the home approximately three years ago and he bought the house with all the characteristics in existence at that time. Swedberg said this particular home is influenced by the neighborhood and surrounding properties all have similar constraints based on lot sizes, soil conditions and configuration of the sub-division. Dr. Ross and Mr. Bernstein summarized what they felt were the hardships to this proposal . At the close of discussion, Kevin McAleese moved to approve the variance as requested noting his feelings previously expressed have not changed but the motion is made to move forward on the request. Larry Smith seconded the motion. Mahlon Swedberg called for discussion on the motion. Mike Sell said the pro- posed deck does not have the impact such as a walled structure or enclosure. Sell said Jersey Avenue is really the front of the house in rela tion to the other houses facing Plymouth and he can support a deck only. Larry Smith concurred with Sell 's observations and the Plymouth Avenue side, to him, relates more as a sideyard and this influenced his decision. Larry Smith called the question and upon vote, it was three ayes and two nays (McAleese and Swedberg) . Mahlon Swedberg declared the motion for approval carried. In subsequent conversation Herb Polachek noted he lives on a corner lot, recognizes and appreciates the constraints of this type of lot and suggested maybe decks might be something to be addressed in the Zoning Code with some other limitations or considerations than room or garage additions. r� o � � Board of Zoning Appeals Page 4 July 12, 1988 88-7-35 (Map 11) Residential 6015 Westbrook Road Richard and Coileen St. Cyr The Pe tition is for waiver of Section: 3A.06(3)a side setback, for 4.2 feet off the required 15 foot s i de setback from the east 1 ot 1 i ne to a di stance of 10.8 feet to the proposed room addition a t its closest point. Mr. St. Cyr was present. The petition was in order. Consent had been obtained from all adjacent properties. No others were in attendance. Mahlon Swedberg asked Secretary Lloyd Becker to review the survey and the outlot adjacent to this proposal . Lloyd Becker explained the lot for the existing house is 112 feet wide. The house is placed 21 feet from the west lot line. The outlot on the east side where the addition is proposed is 30 feet wide and apparently owned by the neighbor. Mike Sell said he recalled the development of that subdivision and the outlot was apparently for drainage purposes, however, the present City storm sewer precludes any use as such at this time. Mr. St. Cyr said they need more room, especially in the dining area. He noted the surrounding homes area all substantially larger than his. Part of the existing a ttached garage would become the dining area. Larry Smith noted the substantial separation provided by the outlot from the adjacent home. After discussion on the construction characteristics of the addition, Mike Sell moved to approve the waiver as requested. Second by Larry Smith and upon vote carried unanimously. 88-7-36 (Map 19) Residential 2105 Aquila Avenue Walter and Pa tricia Wells The Petition is for waiver of Section: 3A.06(3)a side setback, for 10 feet off the required 15 foot side setback from the west lot line to a distance of 5.0 feet to the proposed deck at its closest point. The petition was in order. Consent had been obtained from adjacent properties. Mr. and Mrs. Wells were present. No others were in attendance. �� fl � � Board of Zoning Appeals Page 5 July 12, 1988 Mr. Wells explained they had recently moved from Forest Lake to Golden Valley. He has a serious heart problem and the present cc�ncrete slab patio out from the tuck-under garage level requires climbing stairs. The proposed deck is off the dining room a t ground level and is located at the rear of the house. Mr. Wells noted he is on a corner lot. The house is placed well to the rear because of the topography. Mr. Wells said he would eonstruct a privacy fence, if necessary. Mike Sell noted the topography of this lot and the rapid drop off at the narth- west corner in the rear. The proposed location of this deck appears to be the only practical location. After reviewing the plans with Mr. Wells and some additional comments by Mrs. Wells, Mike Sell moved to approve the waiver as requested noting the topography of the lot, the placement of the existing home on this corner lot and that the waiver is to the closest part of the deck as the rear lot line is on an angle. Second by Herb Polachek and upon vote motion carried unanimously. 88-7-37 (Map 19) Residential 8520 Rose Manor Jay and Dianne Heath The Pe tition is for waiver of Section: 3A.06(1 ) front setback, for 4.3 feet off the required 35 feet from Rose Manor to a distance of 30.7 feet to the house as it now exists a t its closest point, and for waiver of Section 3A.06(2) rear setback, for 3.0 feet off the required 23 feet rear yard to a distance of 20 feet to the house as it now exists at its closest point, and for 4.4 feet off the required 23 feet to a distance of 18.6 feet from the rear lot line to the proposed deck addition. The petition was in order. Mr. and Mrs. Heath were present. Consent had been obtained from all adjacent properties. No others were in attendance. Mr. Heath said he was unaware of the non-conforming front setback when he pur- chased the home. When considering a deck at the rear, he had a survey done and the survey shows the house at its closest point from the front lot line a t 30.7 feet. He noted that Rose Manor is a curving street in front of his home and the far side of the house is more than 40 feet from the front lot line. The only straight lot line on his lot is the south lot line. The north line is at approximately a 45 angle. The rear lot line is 215 feet long, but angles west beginning at 50 feet from the south lot line and again the front is on a curved s tree t. � 07J Board of Zoning Appeals Page 6 July 12, 1988 Secretary Lloyd Becker said he researched this file and adjacent property files and could find no previous waivers for front setback, but in checking the approxirr�te year that Rose Manor was improved, the street right-of-way may have taken some of the front of this lot. Mr. Heath said the deck was designed to line up with the rear of the house and then stepped back toward the rear to avoid further infringement of the setback. The house is placed on an angle on the lot and with the rear lot line also on an angle only the closest corner of the deck projects slightly into the required rear setback. Larry Smith said this appears a most reasonable deck proposal based on the lot size, location and configuration. He also noted the extra effort in design of the deck with the step back feature to more nearly conform to the zoning code. Mahlon Swedberg said that this is a non-controversial proposal with the deck only a few inches off the ground and a difficult lot configuration. Larry Smith moved to approve the waiver as requested. Second by Mike Sell and upon vote carried unanimously. 88-7-38 (Map 11) Multiple 1340 Douglas Drive Robert Strobel The Pe tition is for waiver of Section: 14.04(c) administration, for an extension of one year time limit from June 9, 1988, to September 1 , 1988 for start of construction on the apartment building previously approved June 9, 1987. Secretary, Lloyd Becker, reviewed the minutes of the meeting held June 9, 1987, where a waiver was granted in conjunction with development of an apartment building at 1340 Douglas Drive North. Mr. Strobel recently met with Lloyd Becker regarding an extension of the one-year requirement. Mr. Strobel sub- sequently submitted his request in letter form for the Board of Zoning Appeals. In the letter, Mr. Strobel explained the delay in financing arrangements which now are apparently in place and construction is proposed to start not later than September 1 , 1988. In another letter from Mr. Strobel and received by Lloyd Becker this morning, the day of the BZA meeting, Mr. Strobel explained he and his partner will both be out of town the day of the meeting. However, they would have their contractor Mr. Michael Anda, Moorhead, MN attend the meeting. Mr. Anda was present and reviewed the proposed construction schedule. Mr. Anda described their tenta- tive plans to move the existing home off the property rather than demolish it. � � � � Board of Zoning Appeals Page 7 July 12, 1988 If within a reasonable time this cannot be done, it appears the alterna tive would be to demolish in place so the September 1 , 1988 construction date pro- posed could be met. After discussion by the Board, Mike Sell moved to approve an extension to September 30, 1988, noting the Labor Day holiday and any possible weather. problems that could occur. Second by Herb Polachek and carried 4 ayes and one abstention (McAleese). Kevin McAleese said he abstained because he was not on the Board of Zoning Appeals at the time of the approval of the variance and felt it more appropriate not to vote on the extension. 88-7-39 (Map 15 Residential 7637 Knoll Street Susan Sajadi J The Petition is for waiver of Section: 3A.02(4) of the residential zoning code to provide for an identification sign that exceeds one square foot in area to advertise a hairdressing studio. Ms. Sajadi was not present for the meeting. No adjacent property owners were in attendance. Mahlon Swedberg suggested rather than take any aciton with no one present, the Board defer this item to the next regular meeting. Herb Polachek moved to defer this petition to the next regular meeting August 9, 1988. Second by Kevin McAleese and upon vote carried. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:15 P.M. Mahlon Swedberg, Chai n Pro Tem l yd . Bec er, Secre y