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07-10-90 BZA Minutes MINUTES OF A REGULAR MEETING OF THE �� � � J GOLDEN VALLEY BOARD OF ZONING APPEALS J uly 10, 1990 � � � � The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, July 10, 1990, at 7:30 P.M. in the City Council Chambers, City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Chairman, Mike Sell Joan Russell Mahlon Swedberg Art Flannagan Larry Smith Absent by prior arrangement, none. The first order of business was approval of minutes of a regular meeting held June 12, 1990, copies of which had previously been distributed to the Board. Larry Smith moved to approve the minutes as written and presented, second by Mahlon Swedberg and upon vote carried. 90-6-11 (Map 20) Residential � ;,.� ; ��,�:� �� ;,; , � 8 211 Pa tsy La ne � Vi nce Ki nney �; ; The Pe tition is for waiver of Section: 11.21 Subd. 7C (1) side setback, for 10.1 feet off the required 15 feet from the east lot line to a distance of 4.9 feet to the proposed garage addition and for Section 11.21 Subd. 7(A) front setback for .4 feet off the required 35 feet from Patsy Lane to a distance of 34.6 feet to the proposed garage addition. The petition was in order and consent obtained from all adjacent properties. Mr. and Mrs. Kinney were present. Also present was their son, Tim. Mr. Kinney said they are long time residents of Golden Valley. Their pre- sent location is very convenient to both he and his wife's workplace. They had looked a t other areas but Golden Valley is where they want to stay. This confirmed their intent to improve their home. Mr. Kinney provided the Board with recent photographs taken of their property. When a survey was done, it was found the existing home is 34.6 feet from the front lot line. A waiver of this existing condition is part of their petition. Mr. Kinney reviewed the structural characteristics of the garage addition. The existing is a narrow single-car garage. F� � V W Board of Zoning Appeals Page 2 July 10, 1990 Adding a second stall would include removal of the present bearing wall and a new perimeter foundation would be built. A single garage door would be used for both stalls. Mahlon Swedberg said this request is straight forward and consistent with upgrading of the property to today's standards of a two-car garage. The family room portion a t the rear of the garage becomes progressively farther from the side lot line because the east lot line is on an angle and the setback waiver is for the garage a t its closest point. The front lot line curves slightly and might very well account for the existing 34.6 feet a t the point where measured from. Art Flannagan concurred with Mahlon Swedberg's previous comments. Mahlon Swedbberg moved to approve the waivers as requested on the agenda. In doing so, Swedberg noted the topography of the lot, the angle of the east lot line, the overall improvement to the property and its positive effect on the neighborhood. The motion was seconded by Art Flannagan and upon vote it was unanimous for approval. 90-7-12 (Map 16) Residential Warren Larson 1211 Quebec Avenue North T he Pe tition is for waiver of Section: 11.21 Subd. 7C (2) side setback, for 1.1 feet off the required 13.2 feet from the north lot line to the house as it now exists at 12.1 feet from the north lot line a t its closest point. Purpose of the waiver is to correct an existing non-conforming status to provide f or a fully conforming addition a t the rear. The petition was in order and consent obtained from all adjacent properties. Mr. Warren Larson was present. No others were in attendance on this proposal . Mr. Larson described his proposed addition a t the rear of his home. This addition fully conforms. Mr. l.arson said they had lived in this home many years and had no idea of the slight error in the side setback until they had a survey done in conjunction with applying for a building permit. Larry Smith noted the minimal waiver of the side setback to correct the existing non-conforming status and Smith moved to approve the waiver as requested. Second by Art Flannagan and upon vote carried unanimously. . � � J � Board of Zoning Appeals Page 3 July 10, 1990 90-7-13 (Map 9) Residential 217 Na tchez Avenue South Stan and Sallie Skinner The Pe tition is for waiver of Section: 11.2I Subd. 7 (B) rear setback, for 28.6 feet off the required 59.4 feet to a distance of 30.8 feet from the rear lot line to the house as it now exists. Purpose of the waiver is to correct an existing non-conforming s tatus to allow for a fully conforming a ddition to be constructed. � . ,�l�.: , �� - . , � . The petition was in order and consent obtained from all adjacent prope►�ties. Mrs. Skinner was present. No others were in a ttendance. Mrs. �'kinner described their situation. The lot is very deep with the house set near the rear of the lot. The home was built in 1937. While the large frqnt.,yard has the appearance of a large estate, Mrs. Skinner said she has no his�ory" of why the home was placed where it is. Other adjacent homes are setback somewhat more than the required 35 feet. Their proposed construction is a room addition over an existing one-s tory flat roof area. This does not expand the existing footprint but a variance is required because the home in its existing non-conforming status cannot be altered, expanded or substan- tially changed according to the Zoning Code. The Board reviewed the construction plans and commented in general about the unusual large front yard and the beautiful appearance it provided. Art Flannagan said this request is typical of other non-conforming properties, the Board has addressed and he noted the unusual lot configuration, the placement of the home a t the rear of the property and the topography of the lot. Art Flannagan moved to approve the waiver as on the agenda. Larry Smith seconded the motion and upon vote carried unanimously. 90-7-14 (Map 18) Industrial 675 Rhode Island Avenue South Harold Lyman - John Eastman T he Pe tition is for waiver of Section: 11.36 Subd. 6(B) front setback for 75 feet off the required 75 feet of landscape area along the north lo t line for the width of the existing building, and for 65 feet off the required 75 feet of landscape area to a landscape width of 10 feet at its closest point �'1ong' north lot line in an area beginning a t the east side of the existing building and extending to the east lot line. Purpose of the waiver is to provide for parking on the site. ,� � �� Board of Zoning Appeals Page 4 July 10, 1990 The petition was in order. Consent had not been obtained from all properties as one party was never available though 9 attempts were made to contact them One other party was undecided. Mr. Harold Lyman and Mr. John Eastman were present. They are the owners of the property. With them was Tom Junilla of Thorpe Realty. Jerry and Jean Baskfield, the proposed new owners, were present with Ms. Kay Harris. Mr. Baskfield noted their purchase of this property was contingent upon Board approval of the waivers in some form acceptable to them. Mr. Dennis Gustner 520 Quebec, was present and noted he lives directly across from this property. Mr. Lyman and Mr. Eastman provided a history of their property. It was -built in the early 1960's by Volp Construction. The original occupants were there for many years and required very little parking because of few employees. Although constructed with residential zoning across the street. on two sides the impact was minimal. The residential area is now developed, a change of occupants is occurring and the Zoning Code has changed substan- tially from requirements at the time the building was built. The Board reviewed the proposed new parking lot on the east side of the building. The spaces proposed meet the present requirements for the pro- perty in its current configuration. If the 75 foot setback is applied, it would result in loss of over 50 percent of the proposed parking. Art Flannagan asked if there is any adjacent land available for pu�chase. Mr. Lyman said he had approached Possis Corporation about that, but they do not care to sell any excess propert�r because they want options for their own f uture needs. Joan Russell asked if landscape screening in front is possible. This would benefit properties facing this proposal . Mr. Lyman said they would consider that. Mr. Dennis Gustner, the neighbor directly across the street, said he has had discussion with the owners and he is not opposed overall to the proposed parking lot but would like consideration to berming and landscape screening. Mr. Gustner also asked if the driveway could be narrowed down from 44 feet so you don't look down the full expanse of the parking lot. The existing parking in front of the building along Laurel Avenue is not objectionable to him as it was there when he came to the area and he is used to it. The Board began a lengthy exchange of views on the various possibilities and configurations on site. Mahlon Swedberg said there are two ways to address this proposal . Tell the proponent "no" and buy more land or work out some agreement that preserves and adds additional green area especially along Laurel Avenue. Swedberg suggested elimination of most or all of the existing parking in front and establishing landscape. Three or four spaces could be built on the Rhode Island side which would provide for customers and or employees in the office area. Board of Zoning Appeals ,i � J 1 Page 5 July 10, 1990 Joan Russell suggested leaving six or seven spaces on the Laurel Avenue side, add some landscape to the remainder and also landscape around the new parking lot and narrow the driveway. Larry Smith noted that notice to property owners did not include any spaces being built on Rhode Island. Art Flannagan suggested that the existing parking spaces remain and landscape be provided on the entrance to the new lot. Mahlon Swedberg said that whatever is done now will have a lasting effect to this property because no other options will remain. Swedberg noted the landscape sight-line down Laurel Avenue that exists. Swedberg said now is ; the opportunity to remove the existing parking in front and establish land- scape and continuity to the site line. Swedberg said he could not support the other alternatives. Discussion among the Board, the property owners, the proposed new owners and also the adjacent neighbor continued and a consensus developed which consisted of considera tion of narrowing the width of the new driveway, construction of a berm and landscape along the front of the proposed parking lot and allow the existing parking to remain. Chairman Sell discussed item by item the proposed resolution of parking spaces and landscape af ter which Joan Russell moved to approve waivers of setbacks, subject to a parking lot installed on the east side of the existing building with a driveway entrance not to exceed 24 feet in width. The parking surface to begin 15 feet back from the north lot line with landscape established in the 15 feet south of the north lot line, said landscape to provide screening to an initial height of 7 feet. The motion was seconded by Art Flannagan. Chairman Sell called for any discussion on the motion. Mahlon Swedberg said he will vote against the motion as he does not like giving up the opportunity for green space along Laurel Avenue and now it could be gone forever. The lack of landscape just to provide 44 parking spaces, he objects to strenuously: During further discussion, the question of upgrading the existing parking surface along Laurel Avenue was raised. The proposed new owner said he had already considered that and would provide for seal coating and a surface of rock chips and new striping to make it consistent with the new lot. Joan Russell amended her motion to include that, Art Flannagan his second. Art Flannagan called the question and upon vote the motion for approval with all conditions noted carried, four yeas, one nay (Swedberg). There being no further business to come before the Board, it was upon motion, second and vote to adjourn at 9:20 P.M. ��,�,��. � �u� Mike Sell , Chairman oyd G. Becker, Secretary