Loading...
08-13-91 BZA Minutes I I I 1201 MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS August 13, 1991 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, August 13, 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, Mahlon Swedberg Art Flannagan Linda McCracken-Hunt Mike Sell Herb Polachek, alternate Absent by prior arrangement, Larry Smith. The first order of business was approval of the minutes of a regular meeting held July 9, 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. 91-8-21 (Map 15) Residential 6620 Plymouth Avenue North Adel & Darien Hilal (Deferred from July 9, 1991 Meeting) The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for 12 feet off the required 35 feet from Hampshire Avenue to a distance of 23 feet to the proposed porch addition. The petition was in order, consent obtained from all adjacent properties. Mr. Hilal was present. No others were in attendance. Secretary, Lloyd Bec~er, noted this item was deferred from the previous meeting because Mr. Hilal had originally proposed a deck but at that meeting said his preference was for a three-season porch. In the absence of any plans for the porch and because the Board was unsure the adjacent property owners were fully aware of the proposal, this matter was deferred to the next meeting so plans could be prepared and the neighbors made aware of the porch proposal. Staff required Mr. Hilal to obtain new signatures from the neighbors and review his porch plans with them. This was done, new notices were mailed advising adjacent properties of the porch. No adjacent property owners were present for this meeting. The Board reviewed in detail the plans as presented. Mr. Hilal said the porch exterior would match the house, the roof lines would blend with existing. ~202 Board of Zoning Appeals Page 2 August 13, 1991 I Mr. Hilal noted he is on a corner lot with two 35 foot setbacks. The home is well hidden by large trees and shrubbery. A very large elm would be worked around rather than removed. Mike Sell said he felt Mr. Hilal had done his homework this time. The porch is actually smaller than the deck previously proposed and the porch is well screened by trees and shrubs. Mike Sell moved to approve the waiver as requested, noting the above and also the constraints of two 35 foot setbacks, the topography of the lot and the location of the existing home on the lot. Second by Herb Polachek and upon vote carried unanimouSly. 91-8-22 (Map 11) Residential 5900 Wolfberry Lane Winona J. Whitaker The petition is for waiver of Section: front setback, for 12.5 feet off the required 35 foot setback from Wolfberry Lane to a dis- tance of 22.5 feet to the existing carport at its closest point from the cul de sac. The petition was in order, consent had been obtained from three properties and three signed undecided. Mr. and Mrs. Whitaker were present. Two adjacent neighbors were present. 11.21 Subd. 7 A I Secretary, Lloyd Becker, said he had been contacted by Mrs. Whitaker several weeks ago. She explained they had recently sold their home; however, it was conditioned on the non-conforming carport area being resolved. A record of survey showed it 22.5 feet from the cul de sac at its closest point. Mrs. Whitaker said they had owned the home for 9 years. The house was built in 1958. The home was featured in a 1960 issue of Homes. and Gardens and the carport was there at that time, so it appears it was constructed at the same time as the house. The two neighbors in attendance said they had no objection to granting of the waiver for the exisitng carport. They were there because of a concern for any construction that may have been proposed at the rear of the home because the rear faces Adair Avenue where they live. Mike Sell noted this type of cul de sac is more in a shape of a golf club with a preponderence of the circle into this lot. The waiver required is only to the closest point of the carport and the majority of the home itself complies. Art Flannagan moved to approve the waiver as requested, noting this is more of an administrative matter than anything else. No construction is proposed and the condition has existed since 1958. Second by Herb Polachek and upon vote carried. I I I I 1203 Board of Zoning Appeals Page 3 August 13, 1991 91-8-23 (Map 23) Residential 217 Hanley Road Thomas L. LeBold The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for 22.6 feet off the required 35 feet from Ridgeway Road to a distance of 12.4 feet to a proposed deck at its closest point. The petition was in order, consent obtained from adjacent properties. Mr. LeBold was present. No adjacent neighbors were in attendance. Secretary, Lloyd Becker, reviewed this proposal for the Board. The deck, as proposed, has actually been partially constructed. About a year ago, in response to an inquiry to our office, Building Inspector, Gary Johnson, visited this site and found the deck under construction without a permit. Mr. LeBold was told to stop work, get a survey to locate lot lines and remove the deck if non con- forming. Mr. LeBold stopped construction and only recently provided a survey and petition to the Board of Zoning Appeals. Mr. LeBold gave a history of a previous deck in the same location and in his opinion of a similar size. Chairman Swedberg asked Mr. LeBold how he could substantiate the previous deck. Mr. LeBold described some existing footings which he has constructed over. Mr. LeBold said he assumed the mortgage and by contract he cannot change dimensions of the house. Mahlon Swedberg said a deck 20 x 20 feet is very substantial. Normally a 12 x 20 foot deck is adequate. They discussed at length with Mr. Bold several deck sizes and configurations after which Mike Sell suggested a deck 16 x 20 feet and said he could support that dimension if Mr. LeBold would compromise. Mr. LeBold asked how long he had to do the deck if it was approved. Chairman Swedberg described the one-year period after approval. At the close of discussion, Mike Sell moved to grant a waiver of 18 feet off the required 35 feet from Ridgeway Road to a distance 17 feet from Ridgeway Road to the proposed deck at its closest point so a deck, as shown on the survey, dated March 12, 1991, by Demars-Gabriel Land Surveyors, Inc., can be constructed to a distance not to exceed 16 feet out from the south side of the house. Second by Herb Polachek. During discussion on the motion, Secretary, Lloyd Becker, noted the survey showed non-conformance of several other minor setback discrepancies on the existing house. Mike Sell amended his motion to include those areas for waiver as shown on the survey previously noted. Herb Polachek his second, upon vote the motion as amended carried unanimously. 1204 Board of Zoning Appeals Page 4 August 13, 1991 91-8-24 (Map 5) Residential 4825 Markay Ridge Molly Kauffman/Koni Porter I The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for 1.1 foot off the required 35 feet from Markay Ridge to a distance of 33.9 feet as the house now exists and for Section: 11.21 Subd. 7 B rear setback, for 1.6 feet off the required 28 foot rear yard to a distance of 26.4 feet to the house as it now exists at its closest point. Purpose of the waiver requests is to address the existing non-conforming areas so a fully con- forming deck may be added on the south side. The petition was in order. Consent obtained from all adjacent properties. The proponents were present. Secretary,-Lloyd Becker, described for the Board the fully conforming deck proposed for the south side. This is a corner lot fronted I on Perry Avenue North on the west and Markay Ridge on the north. The house fronts on the Markay Ridge side. The house is angled on the lot to meet the required setbacks; however, when built, it ended up slightly off at the closest corner fronting Markay Ridge and to the east lot line. Art Flannagan said he had looked at this home and this request is more adminis- trative than anything else. It typifies errors made on other homes when the City was growing and they show up in later yearswhen as-built surveys are done. Secretary, Lloyd Becker, noted as-built surveys are now required for the past twelve years as soon as a foundation is in. Art Flannagan moved to approve the waivers as requested. Second by Mike Sell and upon vote carried unanimously. 91-8-25 (Map 9) Residential 308/310 Meadow Lane South Stephen T. & Catherine A. Johnson The petition is to meet the requirements of Section 11.90,Subd. 4, to provide for a second floor addition on the existing home where waivers were previously granted for a garage addition on October 14, 1986. The petition was in order, consent obtained from all adjacent properties. Mr. Johnson was present. No others were in attendance. Secretary, Lloyd Becker, explained that the Building Department had received plans for a second floor and loft to be added to the present single story home. This property had received a I variance in October, 1986 for front and side setbacks so a garage addition could be constructed. I I I 1205 Board of Zoning Appeals Page 5 August 13, 1991 The Zoning Code requires that variances granted are for and in recognition of conditions existing at the time the waiver was granted. Any subsequent construction or activity that substantiallj changes those conditions thereafter requires approval through the Board of Zoning Appeals. Mr. Johnson said the present home is only two bedrooms. Their family is growing, they like Golden Valley and don1t want to move to acquire more space. The Board thoroughly reviewed the construction plans. Lloyd Becker noted that when the City Building Inspector was doing the plan check it was found that the front overhang exceeded by six (6) inches the allowable 30 inches for cornices and eaves and this should be addressed in any Board approval. None of the proposed second floor construction is over the garage area, where the previous waivers were granted. Mike Sell said the second floor addition proposed is a matter of Zoning Code interpretation and application and he personally has no problem with the pro- posed construction including the slight additional cornice overhang noted by the Building Inspector. Mike Sell moved to approve the waiver as on the agenda, including that required for the 6 inches of overhang on the front. Second by Art Flannagan, who noted the topography of the lot and the placement of the exist- int home relative to adjacent structures. Upon vote, motion for approval carried unanimously. 91-8-26 (Map 8) Institutional 1-3 5400 Glenwood Avenue Minnesota Center for Health & Rehabilitation The petition is for waiver of Sections: 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 of landscape along the west lot line to a distance of 10 feet of landscape for 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 of landscape along the existing six parking spaces. (Note: Waivers described were granted June 12, 1990, and expired after one-year as no construc- tion occurred.) The petition was in order and contained consent from the adjacent properties. Mr. Jerrold Winters was present to represent the Rehabilitation Center. 1206 Board of Zoning Appeals Page 6 August 13, 1991 I This item had been approved by the Board of Zoning Appeals on June 12, 1990. Construction has not taken place because of the negative financing environment. However, that has changed and the clinic is preparing final plans and intend to proceed. Mr. Winters noted there has been a slight change to the building footprint and a one-story therapeutic pool has been added. The parking lot con- figuratioQ has been adjusted to provide for this and it meets the required spaces. The Board reviewed and discussed the previous and present site plans in detail. Linda McCracken Hunt said she looked at the site and the Meadowbrook School adjacent. She provided her observations of parking and traffic in the area and also the easement over the clinic property to the school parking lot. At the close of discussion, Mike Sell moved to reaffirm the waivers previously granted in 1990, and to approve the new site plan, which includes the small addi- tion for the therapeutic pool. Second by Herb Polachek. During discussion, Chairman Swedberg noted this is an extremely difficult pro- perty to develop because of the topography, the easement across it and the place- ment of the building on the lot. The Board decided that for the record, the 1991 site plan be designated "Exhibit A". This was signed and dated by Mr. Winters and by Chairman Swedberg and will become part of the approval along with the official minutes. Chairman Swedberg called the vote and it was unanimous I for approval. 91-8-27 (Map 11) Institutional I-I 6000 Duluth Street King of Grace Evangelical Lutheran Church The petition is for wiver of Section: 11.46 Subd. 8 yard requirements, for 17.8 feet off the required 35 feet of green area along the west lot line (Brunswick Avenue) to a distance of 17.2 feet from the west lot line to the parking area as it now exists at its closest point. Purpose of the waiver is to address the existing non-conforming status along the west lot line so additional parking may be constructed at the southeast corner of the property. The petition, as submitted, was in order. There are 21 abutting property owners. The church contacted all property owners and submitted subsequent petition forms which substantiated their contact with adjacent properties. Mr. Ed Sorgatz, a member of the church council, was present for the proposal. One adjacent neigh- bor was present and identified himself as Thomas O. Swallen, 2020 Adair Avenue North. Secretary, Lloyd Becker, provided the Board with a letter he had received from Mr. Robert L. Paulson, 2010 Adair. I I I I 1207 Board of Zoning Appeals Page 7 August 13, 1991 Mr. Paulson had outlined 5 concerns for the project. Mr. Sorgatz reviewed the site plans with the Board. The parking lot addition proposed fully conforms to the Zoning Code. Existing parking on the site is non-conforming for the required 35 foot setback from Brunswick Avenue. Through an error or oversite when the church was built, this occurred. This setback was addressed by the Board of Zoning Appeals in 1983, when the church proposed an addition. At that time the Board's decision was not to grant a variance for the setback but to approve a building permit for the fully conforming addition. The Board discussed, at length, the configuration of the parking lot, access and egress, lighting and etc. Mr. Swallen spoke up and said his concern was if the parking area is approved what next. Daes this constitute a creeping development intent until the site is maximized. He said he had no real problem with the proposed lot, but with the future. Mr. Solgatz said the church had to put together an overall plan so they know the direction they are going. However, any future development will be in conformance with code requirements, covenants if any, and within the setbacks previously determined by the City Council along Kenneth Way. Art Flannagan left the meeting at 9:20 P.M. because of a previous commitment. As the discussion had closed, Herb Polachek moved to approve the waiver as requested on the agenda and to designate the site plan as presented as "Exhibit A" to be signed by Mr. Sorgatz as representative for the church and by Chairman Mahlon Swedberg for the Board of Zoning Appeals. Second by Mike Sell and upon vote carried. The site plan was signed and will be attached to the official minutes and placed in the City file applicable to this property. The Board discussed various administrative items and adjourned at 10:05 P.M. ~~~~ "loyd'G. Becker, Secretary