04-09-91 BZA Minutes 118 6 �
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
April 9, 1991 -
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, April 9, 1991, 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
Mahlon Swedberg
Linda McCracken-Hunt
Art Flannagan
Herb Polachek, alternate
Absent by prior arrangement, Larry Smith
Chairman Sell called the meeting to order and introduced Linda McCracken-Hunt,
the Vice Chair of the Planning Commission. The Vice Chair of the Planning
Commission serves as a member of the Board of Zoning Appeals. Chairman Sell
explained that each April a new' chair is appointed for the Board of Zoning
Appeals to serve until the following April . Sell relinquished the chair to
Secretary, Lloyd Becker. Becker called for nominations to chair the BZA.
Mike Sell nominated Mahlon Swedberg, second by Herb Polachek. Becker
called for other nominations. Hearing none, the nominations were closed.
Herb Polachek moved to appoint Mahlon Swedberg as chair of the BZA, second
by Art Flannagan and upon vote carried unanimously.
The first order of business was approval of the minutes of a regular meeting
held March 12, 1991, copies of which had previously been distributed to the
Board.
Mike Sell moved to approve the minutes as written and presented. Second by Art
Flannagan and upon vote carried.
91-4-5 (Map 21) Residential
1299 Castle Court
Steven L. Staack
The Petition is for waiver of Section:
11.21 Subd. 7 (B) rear setback, for 2.5 feet off the required
20 feet to a distance of 17.5 feet from the
rear lot line to the proposed deck.
The petition was in order and consent obtained from adjacent properties.
Steve and Kelly Staack were present. No others were present for this item.
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April 9, 1991
Mr. Staack described his corner lot, the placement of his existing home and
the constraints of a 35 foot setback on two sides. On this lot, it creates
a very limited rear yard. The 14 foot width of the proposed deck would
allow for patio furniture and room to walk around it. The deck cannot be
placed totally against the back of the house because of utility lines and an
air conditioner condenser.
Mr. Staack noted a previous waiver granted for side setback on a house
across the street. This was for a deck. Mahlon Swedberg said each petition
is decided on its own merit and conditions. The deck across the street was
on a much narrower lot and dififerent lot configuration.
Mike Sell said he had examined other decks in the area and typically they
are in the 14 to 16 foot range. The deck on the house immediately to the
south of Mr. Staack projects well beyond Mr. Staack's proposal because of a
different lot configuration.
Chairman Swedberg asked for more details on the deck itself. Mr. Staack
reviewed the drawings he had prepared and described several types of
railings he has considered for around the deck.
At the close of discussion, Mike Sell moved to approve the deck as on the
agenda. Second by Herb Polachek and upon vote carried.
91-4-6 (Map 6) Residential
1440 Angelo Drive
Cindy Bowen, John Brown
The Petition is for waiver of Section:
11.21 Subd. 7 (A) front setback, for .3 feet off the required
35 feet to a distance of 34.7 feet from the
front lot line to the house as it now exists
and to the proposed addition for 2.5 feet
off the required 13.5 foot side setback to
a distance of 11.0 feet from the south side
lot line to the proposed addition.
The petition was in order and consent obtained from adjacent properties.
Mr. Brown was present. No adjacent property owners were present.
Mr. Brown described his property which has a steep slope at the rear and the
present tuck-under single garage at the rear is very difficult to use espe-
cially in the winter. At the present time, his driveway and the adjacent
neighbor's to the south are blacktopped to the property lines and they share
it as a common driveway.
The proposed garage addition is designed for a minimum width of 20 feet
which just provides for two cars. Every effort was made to minimize the
impact to the side setback.
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April 9, 1991
Art Flannagan said this appears to be a substantial improvement to existing
conditions. Mr. Brown said the entire appearance of the home will be
upgraded and it will be more consistent with surrounding properties.
Mahlon Swedberg noted Mr. Brown 's proposed garage width is a minimum for two
cars and a two-car garage has become a general standard today. Swedberg
also noted the extreme topography at the rear and lack of other alter-
natives. Art Flannagan moved to approve the waiver as requested. Second by
Mike Sell and upon vote carried unanimously.
91-4-7 (Map 4) Residential
3101 Kyle Avenue North
Harry Curtis Steen III
The Petition is for waiver of Section:
11.21 Subd. 7 (A) front setback, for 20 feet off the required
35 feet from Kyle Avenue to a distance of
15 feet from Kyle Avenue to the proposed
addition at its closest point; and for
waiver of Section:
11.21 Subd. 7 C (2) side setback for 7.8 feet off the required
12.7 feet to a distance of 4.9 feet from the
north lot line to the proposed garage
addition at its closest point.
The petition was in order, with consent obtained from adjacent properties.
Mr. and Mrs. Steen were present. No adjacent owners were in attendance.
Mr. Steen said they had lived in the house for three years. The present
garage is a single-car tuck under. Because of the extreme topography, there
are no alternatives to the rear and expansion to the side would also be very
difficult and expensive. Mr. Steen presented a colored rendering to scale
showing the appearance of the garage when completed. Again, because of
topography, the majority of the garage would be below or at ground level
with very little or no impact to adjacent properties.
Mr. Steen had construction plans which provided side and front elevations.
Secretary, Lloyd Becker, provided staff background on other properties
within the area that had obtained waivers because of the extreme topography
and road alignment. A home located at 3125 Kyle Avenue North had received a
similar waiver for a garage in 1983. Kyle Avenue, at this point, has a 60
foot right-of-way with much of the actual blacktop located on the opposite
(east) side of the center line. Several homes across the street had
received waivers of front setback to 20 feet from the front lot line because
of the substantial drop off on the east side of Kyle Avenue. The west side
of Kyle Avenue has approximately 30 feet of right-of-way that is not black
topped and gives the appearance of front yards of 50 to 70 feet in depth.
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April 9, 1991
Kyle Avenue curves slightly at this point and off-street parking is necessary
because of this and narrow road width. Mahlon Swedberg questioned the 22
foot width and depth. Mr. Steen said he wanted the finished product to be
in harmony with other homes and a large tree could be saved. Mike Sell
suggested a depth of 20 feet as this would lessen the impact on the front
setback and further reduce any side view of the tuck-under garage. Mr.
Steen said he would be willing to reduce the depth. Doing so would reduce
the waiver to 18 feet off the required 35 feet to a distance of 17 feet and
also somewhat address the side setback.
The Board discussed several structural items that related to the existing
conditions. At the close of discussion, Mike Sell moved to approve a front
setback waiver of 18 feet off the required 35 feet to a distance of 17 feet
from the front lot line and the side setback as on the agenda, noting it may
be somewhat alleviated by the reduced front requirement. Second by Herb Polachek.
During discussion on the motion, Mahlon Swedberg added a condition which
would require some mature bushes along the sides toward the front lot line
similar to 3125 Kyle Avenue, the purpose being to mask the side areas
visible toward the front. Mr. Steen agreed. Mike Sell and Herb Polachek
added the requirement as part of their motion. Chairman Swedberg called the
vote on the amended motion and it was unanimous for approval .
91-4-8 (6) Residential
1431 Spring Valley Road
Scott and Suzanne Nelson
The Petition is for waiver of Section:
11.21 Subd. 7 C (1) side setback for 3.3 feet off the required
14.5 foot side setback to a distance of
11.2 feet to the proposed garage addition
at its closest point.
The petition was in order, consent obtained from adjacent properties. Mrs.
Susan Nelson was present. No adjacent owners were in attendance.
Chairman Swedberg asked for any staff remarks. Secretary, Lloyd Becker,
noted this was an unusually large lot configuration with a depth of 345
feet and a width of 90 feet. The existing home is set back from Spring
Valley Road approximately 86 feet in general alignment with adjacent
properties. The home is placed at an angle on the lot apparently to
better parallel Spring Valley Road. It is this placement that results in
one corner of the proposed addition requiring a waiver. Suzanne Nelson
described the additian which while providing additional garage width will
still require a stacking of cars one behind the other.
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Following further discussion of some structural characteristics and
topography, Art Flannagan moved to approve the waiver as requested, second
by Herb Polachek and upon vote carried.
The Board discussed several administrative items. Linda McCracken-Hunt gave
an overview of current Planning Commission activities.
There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn at 8:45 P.M.
Mahlon Swedberg, Cha' man . oy ecker, Secret