Loading...
11-13-90 BZA Minutes � 1 � � MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS November 13, 1990 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, November 13, 199Q, at 7:30 P.M. in the City Council Chambers, Government Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Chairman, Mike Sell Joan Russell Art Flannagan Mahlon Swedberg Herb Polachek (alternate) Absent by prior arrangement, Larry Smith. The first order of business was approval of the minutes of a regular meetinq held October 9, 1990, copies of which had previously been distri- buted to the Board. Mahlon Swedberg moved to approve the minutes as written and presented. Second by Herb Polachek and upon vote carried. 90-11-26 (Map 7) Residential 1121 Wills Place Ray Meinhardt The Petition is for waiver of Section: 11.21 Subd. 7 (A) front setback, for 12.1 feet off the required 35 feet from the front lot line to a distance of 22.9 feet to the proposed handi- cap ramp; and for Section 11 .21 Subd. 7 (C)1 side setback, for 7.7 feet off the required 15 feet from the north lot line to a distance of 7.3 feet to the side of the proposed handicap ramp. The petition was in order and consent obtained from adjacent properties. Mr. Dan Gau, of Sawhorse Construction, was present. No adjacent property owners were in attendance. Mr, Meinhardt described the extensive grading and landscapinp done recently on their property, which included a swale along one side to provide for drainage across his property. In that swale area, they previously had a ramp for side access; however, that no longer exists. The proposed handicap ramp is for guests, some who visit weekly. The only access now is to a fover, but one can go no further up or down, if in a wheelchair. The Board reviewed pictures that Mr. Meinhardt provided and discussed in detail the ramp. Mr. Meinhardt said the ramp is designed to meet current code standards. There is substantial landscape proposed along the ramp and it should have a positive effect to surrounding neighbors. 117J � Board of Zoning Appeals Page 2 November 13, 1990 Mahlon Swedberg said that owners change and a person may assume they will occupy the home forever, but things change and is the ramp easily removed if the current status changes? Mr. Gau said the ramp, as designed, could be removed easily and reused in another location if the owner moves. Mr. Meinhardt said they have lived in the home for 12 years and plan to stay but if they ever moved, the ramp could be removed. Mr. Meinhardt said he suf- fered a serious accident some years ago which required him to learn to speak and walk again and they have a special sensitivity for their handicap friends and that is the purpose for the ramp. At the close of discussion, Art Flannagan said that noting all factors, including the topography of the site, the swale and landscaping done and the purpose described for the ramp, he moved to approve the waivers as requested. Second by Herb Polachek and upon vote carried unanimously. Chairman Sell noted it appeared to him that today more elderly and disabled are cared for in their home environment and ramps in many cases are necessary and desirable for the individuals to do so. 90-11-27 (Map 10) Residential 1535 Ottawa South Susan M. Martin The Petition is for waiver of Section: 11.21 Subd. 7 (A) front setback, for 5.3 feet off the required 35 feet from Ottawa Avenue to a distance of 29.7 feet to the house as it now exists. Purpose of the waiver is to provide for a fully conforming addition to the south side and rear. The petition was in order and consent obtained from adjacent properties. Susan Martin and her sister were present. No adjacent owners were in attendance. Ms. Martin said she had lived in this home for 38 years and she and her sister aquired the property on their parent' s death. The proposed addition fully conforms and they had no idea until the survey was done that the home was closer to the front lot line than th� ordinance requires. The Board noted the house adjacent on the south side appears to have the same setback. Secretary, Lloyd Becker, said he had reviewed the files of adjacent properties and could find no previous waivers granted nor special sub- division provisions for a lesser setback. It appears that when this and other homes were built the streets were not fully improved and some property could have been aquired for additional right-of-way. Mahlon Swedberg said granting this variance would harm no one and would resolve the existing non- conforming situation. Mahlon Swedberg moved to approve the waiver as requested. Second by Joan Russell and upon vote carried. � � � � Board of Zoning Appeals Page 3 Navember 13, 1990 90-11-28 (Map 10) Residential 1324 South Tyrol Trail John C. Wally The Petition is for waiver of Section: 11.21 Subd. 7 (C)2 side setback to allow for an 8 foot high privacy fence to be constructed on the west lot line beginning at the northwesterly corner and extending south for 60 feet. The petition was in order. Consent obtained from the one adjacent property. Mr. Wally was present. No others were in attendance. Secretary, Lloyd Becker, explained that Mr. Wally's home is south of the homes along Wayzata Blvd, that have become the property of the State of Minnesota in conjunction with I-394. Mr. Wally proposes a fence (board-on-board) 8 feet high along the west side of his property. The fence would be approximately 60 feet in length beginning at the northwest corner and south for the distance noted. The Building Code describes any such type of fence over 6 feet high as a structural wall and, therefore, because it is on the property line, it requires a waiver of side setback. Mr. Wally said the fence is to provide him some privacy from the mess created by I-394 and also the dilapidated condition and appearance of the state-owned properties. The Board discussed the area at length. Lloyd Becker described code provisions available to him to resolve those structural items on the homes if the State decides they will remain and be for sale upon completion of I-394. Art Flannagan moved to approve the waiver as requested, noting the topography of the area, the effects of I-394 and the conditions that will exist upon completion of I-394. Second by Herb Polachek and upon vote carried. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 8:40 P.M. ����.��� Mike Sell , Chairman oyd G Becker, ecreta y