07-11-89 BZA Minutes e� � � �
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
JULY 11, 1989
The regular meeting of the Golden Valley 8oard of Zoning Appeals was
held Tuesday, July 11, 1989 a t 7:30 P.M. in the lower level of the
Public Safety Building, 7800 Golden Valley Road, Golden Valley,
Minnesota.
The following Board members were present:
Chairman, Larry Smith
Mike Sell
Mahlon Swedberg
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 June 13, 1989, copies of which had previously been distributed
to the Board.
Mahlon Swedberg moved to approve the minutes as written and presented.
Second by Nerb Polachek and upon vote carried.
89-7-19 (Map 8) Residential
330 Na tchez Avenue North
Peggy C. & Dwight W. Anderson
The Pe tition is for waiver of Section:
11.21 Subd. 7(B) rear setback, for 20.5 feet off the required
29 foot rear setback to a distance of 8.5 feet
from the rear lot line to the proposed porch
and for Section
11.21 Subd. 7 C(1 ) side setback, for 3.5 feet off the required
15 foot side setback from the south lot line
to a distance of 11 .5 feet to the proposed
porch at its closest point.
The petition was in order and consent obtained from adjacent properties. Mr.
Anderson was present with ,i�is contractor, Mr. Cal Jacobson. No others were
present. :
Mr. Anderson had a large picture board of the existing screen porch and the area
around it. The existing porch has a screen roof to allow light into the kitchen
However, the flat screen collects leaves, tree debris, etc. and has started to
deteriorate.
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Page 2
July 11, 1989
This home was constructed in 1977. To reasonably align with adjacent homes,
this home is set at approximately 80 feet back from the front lot line and the
rear of the home is a t the 20 percent rear setback line. The topography a t the
rear lot rises rapidly with the abutting home a t the rear having the basement
floor elevation at approximately the height of the roof of the home below.
The Board examined the full set of plans. The present porch is 14 by 14 feet.
The proposed new addition is 16 by 16 feet, with a slight separation from the
main house to provide for a skylight at the kitchen. Mike Sell noted that this
rear area is the only private area on the lot because of the large front set-
back. Mr. Anderson said that is true and typical of the other adjacent homes.
Mahlon Swedberg said he would be uncomfortable with the 16 by 16 foot size if it
weren't for the topography a t the rear, the large front setback, which limits
alterna tives and also the placement a t an angle of the existing home. Having
noted those conditions, Mahlon Swedberg moved to approve the waiver as
requested. Second by Mike Sell , who also felt the topography and existing home
1 imi ted al ternati ves and a 1 so that across the street i s open Breck School pro-
perty and that any area of privacy is at the rear of this home. In discussion
on the motion, Larry Smith said if not for the topography it would be difficult
for him to vote favorably on this waiver. Chairman Smith called the vote and it
was unanimous for approval .
89-7-20 (Map 20) Residential
1521 Zealand Avenue North
Peter Olver - Chehrzad Shakiban
The Pe tition is for waiver of Section:
11.21 Subd. 7 C (1 ) side setback, for 1 .5 feet off the required
15 feet from the north lot line to a distance
of 13.5 feet to the proposed room addition
at its closest point.
The petition was in order and consent obtained from all adjacent properties.
The proponents were present, no others were in attendance.
Chairman Smith asked Secretary, Lloyd Becker, for any staff information
regarding this proposal . Lloyd Becker not�d that the existing home is set 72
feet back from the front lot line and the topography up to the house is very
extreme. The house is placed at an angle and only the very corner projects 1 .5
feet into the side setback.
Peter Olver said this home was the original farm house before the property was
subdivided. It has been substantially remodeled over the years so it has a much
newer appearance. Chehrzad Shakiban further described the topography of the lot
and reviewed the drawings for the addition. She said they have owned this home
for 8 years and now they need the additional bedroom.
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Board of Zoning Appeals
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July 11, 1989
Mike Sell moved to approve the waiver as requested noting the extreme topography
of the lot, the split angles of Zealand Avenue in front of the house and only
the slightest corner of the proposed addition requires a waiver. Herb
Polachek seconded the motion and upon vote carried unanimously.
89-7-21 (Map 6) Residential
Gary Anderson
5025 St. Croix
The Pe tition is for waiver of Section:
11.21 Subd. 7 C(1 ) side setback, for 1.3 feet off the required
15 feet to a distance of 13.7 feet from the east
iot line to the proposed garage addition a t its
closest point. (Previously approved 3/8/88,
lapsed after one year because of no construction.)
The petition was in order and consent obtained from adjacent properties. Mr.
Gary Anderson was present. No others were in a ttendance.
Secretary, Lloyd Becker, noted that this waiver had been approved on March 8,
1988, but no construction had taken place within one year and the waiver had
expired. The existing house is set at an angle on the lot. It was built in
1955 and at that time through error was constructed within 10 feet of the west
lot line at its closest point. This error was subsequently addressed by the
Ci ty Counci 1 i n 1955 and approved and that i s why i t i s not noted on the current
agenda.
Mr. Anderson said he had a broken living room window and last year replaced it
with a new bay window. This required removal of brick facing on the lower front
of the house. If granted approval , he would replace the brick and also face the
garage to ma tch. Mr. Anderson said he did not proceed with construction when
the previous waiver was granted because he had a falling out with his contractor
and this time he would act as his own constractor. Secretary, Lloyd Becker,
noted he had received several calls from adjacent properties regarding the unfin-
ished appearance of the existing front of the house where the window had been
replaced. Mr. Anderson said the garage projects into one corner of the required
setback by four (4) square feet. He had considered building on an angle to meet
that corner but it would ruin the physical appearance of the structure. Mr.
Anderson provided the Board with an additional sketch of the proposed garage.
Mahlon Swedberg said he was swayed to look favorably because only a small corner
a ctually projects into the required side setback.
Mahlon Swedberg moved to approve the waiver as requested. Second by Mike Sell .
During further discussion on the motion, Mahlon Swedberg said the minutes should
reflect the concerns of the neighbors and his motion for approval is predicated
on timely completion upon issuance of a building permit. Chairman Smith called
the vote and it was unanimous for approval with the conditions as noted.
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Board of Zoning Appeals
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July 11, 1989
89-7-22 (Map 4) Residential
2820 Lee Avenue North
Christopher M. Dargay
T he Pe tition is for waiver of Section:
11.21 Subd. 7 C(2) side setback, for 7.1 feet off the required
13.9 feet to a distance of 6.8 feet to the
house as it now exists and for waiver of
Section
11.21 Subd. 12 A accessory building to allow a detached
garage to be placed along side of the
existing house because of lot topography.
The petition was in order and consent obtained from adjacent properties.
Present for the meeting was Mr. Dargay's father and one other unidentified per-
son. The existing house is located to one side of the lot and does not meet the
current side setback requirements. Because of topography (the lot slopes to the
rear) Mr. Dargay proposes to build a detached garage along side the existing
home. The Soard discussed the topography, the potential for zoning conformance
if the garage were a ttached to the house, possibly in the form such as a
breezeway. As a result of this discussion, Mike Sell moved to grant the waiver
to the existing side setback for the house, second by Kevin McAleese and upon
vote carried.
Mike Sell moved to deny the waiver for the detached garage as proposed, second
by Kevin McAleese and upon vote carried.
It was the consensus of the Board that if Mr. Dargay applied for a building per-
mit with plans showing the garage as attached and meeting all other building and
zoning requirerr�nts, Mr. Dargay would have one year from the date of this
meeting to make the house to garage a ttachment with a t least a permanent roof if
not fully enclosed.
89-7-23 (Map 17) Residential
7 360 Na 1 f moon Dr i ve
Alan Ingber
The Pe tition is for waiver of Section:
11.21 Subd. 7 A front setback, for 13 feet off the required 35
feet to a di stance of 22 feet from the front
lot line to the house as it now exists at its
closest point. Purpose of the waiver is to
allow a fully conforming three-season porch
and deck a t the rear of the house.
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July 11, 1989
The petition was in order and consent obtained from adjacent properties. Mr.
Ingber was present with his contractor. No others were in attendance. Secretary,
Lloyd Becker, described his review of the files, including the original building
permit, which showed the front setback as 25 feet a t the closest point. However,
there is no record of any waiver granted. Mike Sell noted that on the survey
the road curves in front of this house much like a cul de sac and it appears an
average front setback was used at the time the permit was issued because a t each
side the setback is about 40 feet. The proposed addition to the rear fully con-
forms. The consensus of the Board was to correct what appears to be an adminis-
trative error a t the time the home was built.
Mahlon Swedberg moved to approve the waiver for the existing front setback at
its closest point. Second by Herb Polachek dnd upon vote carried.
There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn a t 8:40 P.M.
r.._ ,.
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Larry� Smi , hai rman , 1 oyd . Becker, Secretary
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