Loading...
06-12-90 BZA Minutes MINUTES OF A REGULAR MEETING OF THE .+ � � � GOLDEN VALLEY BOARD OF ZONING APPEALS June 12, 1990 The regular mee ting of the Golden Valley Board of Zoning Appeals was held Tuesday, June 12, 1990, a t 7:30 P.M. , in the City Council Chambers, City Mall 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Chairman, Mike Sell Art Flannagan Mahlon Swedberg Herb Polachek, alternate ' Absent by prior arrangement, Joan Russell and Larry Smith. The first order of business was approval of the minutes of a regular meeting held Tuesday, May 8, 1990, copies of which had previously been distributed to the Board. Mahlon Swedberg moved to approve the minutes as written and presented, second by Herb Polachek and upon vote carried. 90-6-7 (Map 6) Residential 1445 Unity Avenue North Gregory D. Niemela The Pe tition is for waiver of Section: 11.21 Subd. 7C (1) side setback, for 3.89 feet off the required 15 feet from the south lot line to a distance of 11.11 feet from the south lot line to the proposed addition. The petition was in order. Consent had been obtained from all adjacent pro- perties. Mr. Niemela was present. No others were in attendance. Mr. Niemela reviewed his proposed garage addition which is an additional stall 14 feet wide to the existing two-car attached garage. Mr. Niemela said he needs the space now for lawn equipment, snowmobiles, trailer and general storage. He has access to skilled labor a t this time and the size of the proposed addition is to prevent having to consider further space in the future. He plans to live in the house and retire there. At the present time, his children are below the age to drive automobiles, but in the future he expects the need for the space for an additional car or cars. Mahlon Swedberg questioned the dimensions of 14 feet by 22 feet in depth. Mr. Niemela said he wanted to add adequately now and he reviewed the struc- tural characteristics of the proposed addition. The additional space would be set back from the existing front line of the house by 1 foot 6 inches. T his offset prevents the appearance of a long front expanse of stucco and it also reduces somewhat the amount of variance needed because the side lot line widens at an angle toward the rear and the variance requested is only at the closest point in front. Mr. Niemela reviewed his lot configuration and topography and noted no other reasonable alternatives are feasible. � 150 � �o�rd of Zoning Appeals Page 2 June 12, 1990 Mike Sell noted that if the garage was downsized in width by two feet, it would reduce the side variance needed by about a foot because of the side lot line angle. Art Flannagan questioned the hardship in this case noting a two-car attached garage already exists which appears adequate by today's standards. Mahlon Swedberg said his position on this supplementary space is that he could look reasonably at a 12 foot width with a nine foot door width. Mr. Niemela s tressed the importance of the 14 foot width both for appearance and practicality now. The Board continued a lengthy discussion and exchange of views and alternatives both for use and structural charac- teristics. Mr. Niemela stressed the importance of the 14 foot width. Mike Sell noted the concerns of the Board appeared to be a maximum width of 12 feet and asked the proponent if he wanted the Board to vote on his 1� foot width or would he be open to amending his request to a 12 foot width at this time. Sell also noted the appeal procedure available should a 14 foot width be denied. After further discussion, Mr. Niemela amended his proposed request to a maximum width of 12 feet for the addition. Mike Sell noted that because of the lot angle computa tion of the exact distance from the side lot line is difficult, that the surveyor should define the closest corner distance of the 12 foot addition for the record. Mahlon Swedberg called the question on this proposal and moved to approve a waiver that provides for a 12 foot addition with the surveyor to define the final side distance a t the closest point for record. Second by Art Flannagan and upon vote carried. 90-6-8 (Map 8) Residential 212 Sunnyridge Circle Mike and Connie Beach The Pe tition is for waiver of Section: 11.21 Subd. 7C (2) side setback, for 3.5 feet off the required 13.5 feet from the west lot line to a distance of 10 feet from the west lot line to the proposed addition; and for 6.5 feet off the required 13.5 feet from the east lot line to a distance of 7 feet from the east lot line to the proposed garage a ddition a t its closest point. Mr. Beach was present with his architect. Several adjacent property owners were present. Secretary, Lloyd Becker, noted the petition did not contain the signatures of adjacent property owners. The architect said he had con- tacted most of them and requested their approval by signa ture on a site sketch of all the lots within that subdivision. � `�� 15 � Board of Zoning Appeals Page 3 June 12, 1990 Lloyd Becker said the architect was informed by Administrative Secretary, Gail Johnson, that the petition form provided for signatures is required. Lloyd Becker said he called the architect and was told he would meet with the neighbors for their signatures and would submit the proper form. This was not done prior to the meeting. The architect and the Board reviewed the required adjacent signa tures and clarified one erroneous address. Lloyd Becker noted that official notice had been mailed to all affected properties and this item can be heard. Chairman Sell reviewed the site plan and waivers as requested. The archi- tect reviewed in detail the proposed addition to the existing single-car tuck-under garage on the east side of the house, noting a single-car garage by today's standards is not adequate. He described this house as the homestead of the subdivision. It was built in 1926 and the intent architec- turally is to maintain the existing appearance on the new addition which is wood shakes. The home is only two bedrooms now and on the west side the addition would provide for a master bedroom. The overall appearance would embellish the existing small home and give it an appearance of substance consistent with the other homes built in the subdivision. The question was raised regarding moving the proposed tuck-under garage addition further to the rear to reduce or eliminate the need for a variance. The architect noted as you move it back, it requires further depth and wall height which could be as high as 14 feet. After further review of the entire proposal and structural alternatives, Chairman Sell opened the meeting for adjacent property owner comments. Mr. and Mrs. Pe ter Grant, 210 Sunnyridge Circle were present. Mr. Grant said they had just moved into their new home which is adjacent to the side of the proposed tuck-under garage addition. He felt the greatest effect of the whole proposal was to them. Mr. Grant noted further they were 15-year residents of Golden Valley and had designed their new home to retain the woods and topography characteristics of the area. To project to within 7 feet of their lot line is a great effect on them. Mrs. Grant expressed her concerns about future construction above the garage. This would further impact them. The architect noted most of the tuck-under garage would pro- ject very little above the existing ground. He again emphasized his opinion of the impact if the garage were moved further back. Secretary, Lloyd Becker, noted that where variances are granted, they are for conditions that are proposed and exist a t the time of approval and do not provide for further construction on or to the s tructure within the variance parameter automatically in the future. Additions would require subsequent review by the Board of Zoning Appeals. Mr. Rick Moore, a property owner at 214 Sunnyridge Lane was present. Mr. Moore is an architect and recently completed his home which is on the west side of this proposal . Mr. Moore said he had met with Mr. Beach, his archi- tect and the Grants and Mr. Moore said he has no objection to the waiver request facing him but he thought there might be some alternatives or con- ditions possible on the Grant side. �I15 � Board of Zoning Appeals Page 4 June 12, 1990 Mr. Warren Klukas, 208 Sunnyridge Circle expressed his concerns and noted the size of the lot is almost 22,000 sq. f t. Mr. Beach said his existing house is there and he doesn't have the opportunity to start with an empty lot. Mr. Klukas said he objects to any waivers on this lot even if the house is existing. The Board continued a lengthy period of comment and exchange of views after which Mahlon Swedberg described the unusual charac- teristics of this neighborhood for lot configurations, topography, architec- turally designed homes built to represent the owner's desires on almost each lot. Swedberg said considering all that he doesn't find the proposed variances out of order and moved for approval as requested on the agenda, second by Herb Polachek. The audience asked for further opportunity to comment before the vote is taken. During this discussion, the architect and Mr. Beach agreed and clarified that the deck on the garage would be a flat deck not a three- season porch or some other type screen or wall structure but a "flat deck with perimeter railing of a height only as required by building code". Chairman Sell called for the vote on a motion for approval and upon vote it was unanimous for approval . Chairman Sell subsequently noted that three of the adjacent property owners who had expressed concerns on this proposal, Mr. Rick Moore, Peter Grant and Pa trick 0'Meara had previously requested and received variances on their properties because of lot configurations, topography and other hardship related conditions unique to each parcel . 90-6-9 (Map 8) Institutional I-3 5400 Glenwood Avenue Minnesota Center for Health & Rehabilitation Alan Bensman, Jerrold Winters The Pe tition is for waiver of Section: 11.46 Subd. 8 yard requirements, for 15 feet off the required 25 feet of landscape area along the north lot line to a distance of 10 feet of landscape from the north lot line to the proposed parking area; and for 15 feet off the required 25 feet from the west lot line to a distance of 10 feet of landscape area for a distance of approximately 35 feet south from the north lot line; and for 22 feet off the required 25 feet of landscape along the west lot line to a distance of 3 feet along the existing six (6) spaces on the west lot line. The petition was in order consent obtained from adjacent properties. Mr. � Jerrold Winters was present with his architect. No others were in a ttendance. Mr. Winters described this building as previously the original Meadowbrook School administration building. `i 15 � Board of Zoning Appeals Page 5 June 12, 1990 He said they purchased the building in 1983 and rezoned it to institutional to be sure it was correct for clinic use. At that time, he said he was under the impression that certain areas of existing parking were addressed and approved; however, if as they are now listed as a variance request, they provide final clarification upon approval he has no problem with that. Mr. Winters described his meetings with Meadowbrook School staff because they are going to be doing a new parking lot on their site. Mr. Winters also discussed the school 's 30 foot driveway easement through his present property. That along with the constraints of severe topography on his lot constitute a hardship for any improvements on the site. The architect described the structural details on the proposed addition and expanded parking. In particular, he noted the parking lot grades would not exceed 5 percent to facilitate handicap or injured patients. The Board discussed the clinic activities, traffic and frequency of patients and clinic hours. After a summary by Mr. Winters, Art Flannagan moved to approve the waivers as on the agenda, second by Herb Polachek and upon vote carried unanmimously. 90-6-10 (Map 21) Light Industrial 8121 lOth Avenue North Red Line Medical Supply The Pe tition is for waiver of Section: 11 .35 Subd. 7 (A) front setback, for 5 feet off the required 35 feet from Lewis Road along the west lot line to a distance of 30 feet of landscape from the west lot line to the proposed parking lot expansion; and for 3 feet off the required 35 feet from Lewis Road on the east side to a distance of 32 feet of landscape area along the proposed elderly parking and handicap access. The petition was in order and consent obtained from all adjacent properties. Ms. Rose Owens, Facility Manager for Red Line Company, was present with another unidentified company representative. No others were in attendance. Secretary, Lloyd Becker, noted this property fronts lOth Avenue on the north. The south, east and west sides all abut Lewis Road; therefore, the entire pro- perty requires a 35 foot setback. Nortronics, the previous owner, received a waiver in 1987 along a portion of the south side down to 20 feet of green area, so a parking area could be developed in conjunction with a building addition. � � � � Board of Zoning Appeals Page 6 June 12, 1990 Ms. Owens explaaned the proposed parking lot expansion, noting it is for only 5 feet off the required 35 feet along the west side abutting Lewis Road and on the east side for only 3 feet off the required 35 feet to provide for a handicap accessible parking area for their clients. Ms. Owens said there is no retail sales of inedical items but some handicap come to select products recommended by physicians, therapists, or other health consultants. She also noted with her proposal a landscape plan which includes berming and plantings along this proposal and previous approval . Mahlon Swedberg questioned the existing parking as meeting zoning code. Secretary, Lloyd Becker, said a recent analysis of use within the building had not been presented; however, based on overall square footage of the building computed for office area, it appears it exceeds requirements. Ms. Owens noted their rapid expansion and number of employees and said irrespec- tive of code minimums, they need additional parking. She noted that from lOth Avenue, this proposed parking would hardly be visible because of topography and landscape. The consensus of the Board was that it was desireable to have adequate parking on site and the proposed landscape is an upgrade to existing con- ditions. Mahlon Swedberg moved to approve the waivers as requested, second by Art Flannagan and upon vote carried unanimously. A site plan of the approved parking and landscape was designated Exhibit "A" and was signed by Ms. Owens and Chairman Mike Sell . This will be filed as record of approval . There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:50 P.M. . � z.����� Mike Sell , Chairman loyd G. ec er, Secr ry