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11-12-91 BZA Minutes I I I MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS NOVEMBER 12, 1991 1213 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, November 12, 1991, at 7:30 P.M. in the City Council Conference Room, City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Chairman, Mahlon Swedberg Linda MtEraCken-Hunt Mi ke Sell Larry Smith Art Flannagan The first order of business was approval of the minutes of a regular "meeting held Ocotber 8, 1991, copies of which had previously been distributed to the Board. Larry Smith moved to approve the minutes as written and pre- sented. Second by Mi ke Selland upon vote carri ed. 91-11-32 (Map 23) Industrial 8989 Wayzata' Blvd. Carousel Audi Lawrence F. LeJeune The petition is for waiver of Section: 11.90 Subd. 4 C (4) to provide for an addition that complies with the Zoning Code setbacks on a structure where a variance had been granted previously. The petition was in order, consent obtained from adjacent properties. Mr. Terry Trickett was present representing Carousel Audi. No others were in attendance. . Secretary, Lldyd Becker, reviewed .theprevious waivers granted in 1986 ~nd 1989, in conjunction with the construction of 1-394. On March 12, 1991, C~rousel waS before the Board in conjunction with an addition on the east side of the building. Due to severe soil conditions, this project was not started. A conforming addition is proposed now on the west side. . This is s~bstantially smal~erthan the previous proposal. A revised Conditional Use permit has been approved by the Planning Commission. Mr. Terry Trickett gave a brief overview of the proposal. Linda McCracken-Hunt commented on the approval recommendation by the Planning Commission. The bad soil conditionsprecipatated the change in plans. . Art Flannagan moved approval as on the agenda noting no additional waivers were proposed but administratively thisW~s requirecl to be reviewed and approved by the BZA bec'ause of previous waivers and conditions that existed. Second by Mike Sell and upon vote carried ~nanimously. 1214 YBoard of Zoning Appeals Page 2 November 12, 1991 91-11-33 (Map 4) Residential 4935 Dawnview Terrace Barbara and Mark Hayden Haugen I The petition is for waiver of Section: front setback, for 14.5 feet off the req~ired 35 feet from the front lot line to a distance of 20.5 feet to the proposed garage addition. The petition was in order. Consent had been obtained from all adjacent properties. Mr. and Mrs. Haugen were present. No others were in atten- dance. 11.21 Subd. 7 A Barbara Hayden Haugen noted the unusual characteristics of this home. It has a 91 foot grade difference between the present attached garage and the curb at the street. This home was built in July, 1955. The street was not completed at that time. As other homes were built and the street graded and completed, this driveway grade was the result on this property. Linda McCracken-Hunt asked if they had given any consideration to excavating below the present garage in more of a tuck-under. Mr. Haugen said they had several contractors and architects look at all possible options. The tuck- I under would result in costs of approximately $80,000, which is almost what they paid for the home several years ago. Mr. Haugen said they tried to sell this past summer. They had approximately 40 showings and everyone said the home itself was fine but the driveway was impossible. They have decided to stay, they love Golden Valley and it is a great place to raise thei r family. Chairman Swedberg noted the Board looks very sparingly at any deviations from the front setback and only in the most extreme conditions are variances in that area considered. Chairman Swedberg noted the topography and past history of the roadway. Larry Smith asked Chairman Swedberg if he would consider a motion at this time. Chairman Swedberg responded yes. Larry Smith moved to approve the waiver as requested, second by Art Flannagan. Linda McCracken-Hunt said she would like a minute for discussion on the motion. She noted. the uniqueness of this property and also the precedent that might result for other similar situations in the community. Linda asked about landscape and was there any specific considerations around the sides and front. Mr. Haugen said they have no specific plan at this~ime as they were waiting for what action the Board may take. However, they will consider .landscape that would be appropriate and in keeping with their property a.nd the adjacent neighbors. Linda McCracken-Hunt asked if they had consi dered a turn-a.round. Mr. Haugen said the topography is not con- ducive to that bec.ause the slope from the garage begins immediately and a turn-around would be hazardous in the winter. I I I I Bo~rd of Zoning Appeals Page 3 November 12, 1991 .1215 Larry Smith said he looked favorably on this proposal because of the extreme topography of this lot. The side yard impact to adjacent.properties is next to none and the alternative of digging below the present garage results in costs equal to the value of the house. Art Flannagan noted that while precedent may be a concern, each proposal must stand on its own merits and uniqueness specifically to each property. Larry Smith called the question. Chairman Swedberg called the vote and it was unanimous for approval. Chairman Swedberg noted the proposed garage was a minimum for two car~ 20 x 20 ft. . 91-11-34 (Map 9) Residential 9 Parkview Terrace David J. Cappetta-Maarja K. Roth The petition is for waiver of Section: 11.90 Subd. 4 C (4) to provide for additional construction that complies with the Zoning Code but was not pre- sented at the time the previous waiver was granted. The petition was in order. Consent obtained.from all adjacent properties. Maarja Roth was. present. No others were in attendance. Secretary, Lloyd Becker, noted this item had been before the Board on June 11, 1991. At that time, the proposal and plans presented were for a minor kitchen addition on the side of the house. It was basically a bay window with a foundation beneath that projected slightly into the setback. When final construction plans were presented for abuilding permit, plans showed a one-bedroom second floor additipn and a front entry that projected into the setback. The front entry ha~ been shortened to meet the front setback, however, the second floor addition differs from the conditions presented to the Board in June and requires BZA approval. Maarja Roth said the home was built in 1947. She described the proposed second floor bedroom and noted the front entry had been reduced to meet setback. Secretary, Lloyd Becker, noted that on the survey that was pre- sented with the original proposal, no distance was given from Glenwood Avenue side to the existing home and suggested the Board may want to address this. Art Flannagan said he remembered when this home was built. Glenwood Avenue was much narrower at that time and the possibility is some property was lost to right-of-way aquistion. Mike Sell said the distance scales to not more than 18 feet from Glenwood Avenue. Mike Sell moved to approve the waiver as requested which provides for the second floor addi- t ion and also to approve a waiver for the cond it i on as it ex is ts for the setback from Glenwood to the home at the closest point as described on a survey by Israelson and Associates, Inc., dated April 24, 1991. Second by Larry Smith and upon vote carried unanimously. 1216 Board of Zoning Appeals Page 4 November 12, 1991 91-11-35 . {Mapr) Industrial 4600 Olson Memorial Highway John and Martha Gabbert I The petition is for waiver of Section: 91-11-36 (Map 7) Industrial 4650 Olson Memorial Highway John and Martha Gabbert . 11. 36Subd. 6 B (3) side setback, for 20 feet off the reQui red 20 foot side setback from the west lot line. to provide for a connecting link to th~ property adjacent west. Proposed connecting link not to exceed 20 feet in width. . The petition is fOr waiver of Section: The petition was in order, consent obtained from adjacent properties. John and Martha Gabbert were present with thei r arch itect, Mr. Phi 11 ip Johnson. No others were in attendance. 11.36 Subd. 6 B (3) side. setback, for 20 feet off the required 20 foot side setback from the east lot line to provide for a connecting link to the property adjacent east. Proposed connecting link not to exceed 20 feet in width. I Chairman Swedberg noted these were adjacent properties with the Same owners and as both sites were part of a proposed connecting link suggested they be heard together. The Board concurred. . Martha Gabbert noted the current and different financial status of the two properties. The prOposed link is a temporary situation which subsequently would result in a plan to combine both properties and join and e"pand both bUildings within t~ parameters of the Zoning Code. Mrs. Gabbert described the di ffi cu lty of physi ca lly transferring stock between bu iJ di ngs by truck. The inconvenience for personnel in inclement ~ather to go fr~ ~de bUilding to another. ~e proposed widt~ of the link ~uld be just OVer 20 feet. There would he fire and smoke roll down doors at each end and an emergency exit from the link. Bas i ca lly. it is s imiJ ar to a skyway 1 ink but at ground level. Mr. Johnson described the materials to be used and the appearance to be compatible with both bUildings. Chairman Swedberg noted the option of expanding one bUilding or the other at this time rather than establiShing the link. Swedberg suggested transfer of goods could be made by truck between bUildings until such time a complete proposal could be implemented as previously noted. I I I I Board of Zoning Appeals Page 5 November 12, 1991 1217 Linda McCracken-Hunt noted her recent experience in purchasing from the current Gabbert1s facilities. It required truck loading from building to building, was very inconvenient and she could understand and appreciate the logistics of a temporary link between the buildings. Mrs. Gabbert said the cost for the link at this time was around $50,000. An addition to one of the buildings at this time would approximate $400,000 to $500,000 and long term may not fit the overall expansion. The Board continued a lengthy discussion of the present conditions and long term potential. Art Flannagan noted the location of both buildings which are not very visible, hard to get to and the link almost non-visible to anyone. Chairman Swedberg said he could not look favorably on the pro- posed link as there is ample room to expand either one or both buildings at this time and properties could be combined. Mrs. Gabbert reiterated the differences in the financial status and terms of the buildings and emphasized the link is a temporary situation of three tofiveyear'sduration. If for some reason the properties or one property were sold to others, the link would be removed. Her intent is to work with City staff toward the goals she previously outlined. Discussion ended. Linda McCracken-Hunt moved to approve the waivers as requested for the link noting the link is temporary, would be removed if owners changed and the buildings would revert to their present status. Second by Art Flannagan and upon vote carried with 4 ayes and one nay (Swedberg). 91-11-37 (Map 9) Residential 717 Westwood Drive South Phillip H. and Wanda K. Smith The petition is for waiver of Section: 11.21 Subd. 7 B rear setback, for 8.9 feet off the required 32.9 feet (20% of lot depth) to a distance of 24 feet from the rear lot line to the house at its closest corner as it now exists. The purpose of the petition is to correct an existing non-conforming condition. No construction is proposed. The petition was in order. Consent obtained from all adjacent properties except 641 Westwood Drive. They could not be contacted. Mr. and Mrs. Smith were present. No others were in attendance. Secretary, Lloyd Becker, noted that notices were sent to all adjacent properties including 641 Westwood Drive. Mr. Smith described their present home and property. The existing home sits high on a hill on lot ten of this subdivision. They also own the south 50 feet of adjacent lot 11. This abuts the north lot line of lot 10. 1218 Board of Zon i ng Zppea 1 s Page 6 November 12, 1991 The site also includes all of lot 9, which lies south of lot 10. They have received a proposal from a party to purchase lot 9 from them. A new home is proposed for lot 9. The existing home is 14.6 feet (15 feet required) from the south lot line of lot 10. Mr. Smith is going thru the Planning Commission and City Council to divide off two feet from lot 9 so his home would be conforming for side setbacks after lot 9 is sold. Because of topography, the existing home was set well back on lot 10. The home was built 50 years ago and at that time, with the combination of all the lots as they exist, what is now the rear could have been construed as a side lot line. Mr. Smith said he is before the BZA to insure he does not have a non- conforming condition after the sale of lot 9. The Board discussed, in detail, the unusual topography and driveway con- ditions that exist. They also reviewed the location on lot 9 of the pro- posed new home. At the close of discussion, Art Flannagan moved to approve the waiver as reuqested on the agenda. Second by Linda McCracken-Hunt and upon vote carried. There being no further business to come before the Board, it waS upon motion, second, and vote to adjourn at 9:10 P.M. 2' ~. ~~~arY rman I I I