10-08-91 BZA Minutes
1210
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
OCTOBER 8, 1991
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The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, October 8, 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
Larry Smi th
Mike Sell
Gary Prazak, Planning Commission alternate
Absent by prior arrangement, Linda McCracken-Hunt.
The first order of business was approval of the minutes of a regular meeting
held September 10, 1991, copies of which had previously been distributed to
the Board.
Larry Smith moved to approve the minutes as written and presented. Second
by Mike Sell and upon vote carried.
91-10-29 (Map 15) Residential
1782 Maryland Avenue North
Charles W. Specht
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The petition is for waiver of Section:
side setback, for 4.5 feet off the required
15 feet from the west lot line to a distance of
10.5 feet to the porch as it now exists. Pur-
pose of the waiver is to correct the existing
non-conforming status.
The petition was in order, consent obtained from all adjacent properties
except from the new home presently under construction. (They were not
available.) Mr. Specht was present. No others were in attendance.
11.21 Subd. 7 C (1)
Secretary, Lloyd Becker, said the present home at 1782 Maryland was found
to be in error for side setback when a survey was done for the adjacent lot
for a new home.
It appears that the contractor for 1782 Maryland added the three-season
porch as the home was under construction and also that the home was shifted
too close to the west lot line possibly because of soil conditions. The
waiver required is to the closest point of the porch. The owner has said
he was unaware of the non-conforming status. Mr. Specht was present and
generally substantiated the staff information.
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Board of Zoning Appeals
Page 2
October 8, 1991
Larry Smith said there is no purpose to debate what already exists. The
history of how the contractor made the supposed changes is speculative. Smith
described this as an error that has occurred other times in the course of
the thousands of homes built in Golden Valley and other cities as well.
Larry Smith moved to approve the waiver as requested, second by Art Flannagan
and carried unanimously.
91-10-30 (Map 15) Residential
6621 Plymouth Avenue
Gary K. Bergquist
The petition is for waiver of Section:
11.27 Subd. 7 A
front setback, for 19.7 feet off the required
35 feet from Hampshire Avenue to a distance of
15.3 feet at the closest point as it now exists
and for 6.95 feet off the required 35 feet from
Plymouth Avenue to a distance of 28.05 feet to
the house as it now exists.
Purpose of the waiver request is to correct the
existing non conforming status so the deteriorating
wood deck at the rear can be rebuilt.
The petition was in order.
Gary Bergquist was present.
Consent obtained from adjacent properties.
No others were in attendance.
Mr.
Secretary, Lloyd Becker, described the proposed deck removal and replace-
ment in the same configuration. During a review of the deck proposal, it
was found the house was non-conforming. The house was built in 1958.
Several other homes in the block have similar front setbacks; however, no
record exists of any blanket waiver being granted to the sub-division.
There are large lots with Bassett Creek at the rear. The creek may account
for ~he homes being set closer to Plymouth Avenue.
This home, when built, originally had a Hampshire address. Mr. Bergquist
said he purchased the home about three years ago and had no idea it didn't
conform. Mr. Bergquist described the deteriorated deck, his safety con-
cerns and his proposal to rebuild it to today's standards. The deck is at
the rear of the house. Lloyd Becker noted this may appear to be the stric-
test application of the Zoning Code just to replace the deck, but the
existing home is non-conforming and the code is specific about alterations,
etc. The end result, if approved, should be positive for the property
owner, and any subsequent owner.
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Board of Zoning Appeals
Page 3
October 8, 1991
Mike Sell said this waiver request is
which was to correct a past error and
else. The deck repair is in the same
approve the waivers as on the agenda.
vote carried.
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similar to the previous proposal
more administrative than anything
configuration. Mike Sell moved to
Second by Art Flannagan and upon
91-10-31 (Map 17) Residential
7182 Harold Avenue
Becky Sutherland
The petition is for waiver of Section:
11.21 Subd. 12 A
accessory buildings, for 10 feet off the
required 10 feet from the rear of the principal
building so a proposed 22 x 22 detached garage
may be built along the west side of the existing
house.
The petition was in order and consent obtained from all adjacent proper-
ties. Ms. Becky Sutherland was present. Several adjacent property owners
were also in attendance.
Chairman Swedberg noted this is a very deep lot and questioned the poten-
tial for locating the garage further to the rear. Ms. Sutherland said the
topography changes drastically at the rear of the existing house with a
drop off about 12 feet and becomes a cattail swamp. Much of the lot is use-
less. The Board reviewed the possible alternatives such as attaching the
garage to the house. Ms. Sutherland said they had looked at that but
because of topography and soil conditions, costs to her were prohibitive.
An adjacent neighbor at 7131 Glenwood whose property abuts this proposal
said he was present to support Ms. Sutherland as the garage where proposed
is the best place and at present there is no garage at all.
Chairman Swedberg said he had viewed the property and the lot shape and
topography is unusual. At the close of discussion, Art Flannagan moved to
approve the waiver as requested and he noted the characteristics pre-
viously described. Second by Larry Smith and upon vote carried
unanimously.
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There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn at 8:05 P.M.
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