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12-10-91 BZA Minutes I I I MINUTES OF A REGULAR MEETING OF THE GOLDEN. VALLEY BOARD OF ZONING APPEALS ~2~9 December 10, 1991 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, December 10, 1991, at 7:30 P.M. in the Council Conference Room, City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Chairman, Mahlon Swedberg Art Flannagan Larry Smith Linda McCracken-Hunt Mike Sell The first order of business was approval of the minutes of a regular meeting held November 12, 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 Art Flannagan and upon vote carried. . 91-12-30 (Map 9) Residential 641 Westwood Drive South Irving and Marjorie Weiser The petition is for waiver of Section: 11.21 Subd. 7 C (1) side setback, for 15 feet off the required 15 feet from the north lot line to a distance of o feet from the lot line to the proposed garage and breezeway addition. . . The petition was in order, consent obtained from adjacent properties. Mr. and Mrs. Weiser were present. No others were in attendance. Chairman Swedberg asked if staff had any further information applicable to this petition. Secretary, Lloyd Becker, noted the original building permit was issued in 1940. In 1971, a swimming pool was added at the rear of the property. In 1985, a substantial pool repair and landscape was done. City files and observation reports show that a surveyor hired by the owner staked the setback areas and everything met or exceeded requirements. The current survey submitted for this proposal was very detailed and shows the pool itself right at the 15 foot required setback line on the north lot line. The concrete pool deck however is right to the lot line. Mr. Weiser said they were surprised at the new survey ~s they recalled in 1985 that stakes were set further to the north and they relied that they had suf- ficient room to add a garage stall. Mr. Weiser described the topography . along the north lot line a~ dropping rapidly, about 20 feet, heavily wooded with approximately 200 yards to the nearest adjacent home. Visually they feel the proposed garage addition would have no impact on the adjacent neighbor. 1220 .~.. (,?i 'Board of Zoning Appeals Page 2 December 10, 1991 I Chairman Swedberg expressed the Board's concern with a waiver to the lot line. Couldn't the garage be adjusted forward or reduced in size or angled to parallel the lot line? The Board and the proponent engaged in a lengthy review of possible options, none of which evolved as a reasonable alternative because of the extreme topography, placement of the existing home and the architectural characteristics of the existing structure. . Mr. Weiser described the existing tuck-under garage as divided by a large fireplace structure for the upper level. This fireplace structure dimishes the interior of the existing garage dramatically. Mr. Weiser said the only storage they have for lawn ~q~ipment, snow blower, shovels etc., is in a shed at the far east lot line which this winter is virtually inaccessible. The new attached garage is absolutely the minimum at 12 feet in width and 20 feet deep. There is a small offset storage area at the rear. After finding the difference in lot line, they designed to the minimum possible. Mr. Weiser noted the garage setback is only tci the closest point and not for the length of the entire garage parallel to the lot line. Mr. Weiser said they discussed this configuration with the adjacent property owner and they approved. Linda McCracken-Hunt noted the unique archit~ctural charac- teristics of the existing home. The garage, as proposed architecturally, is compatible and preser~es the chara~terof the home. Mrs. Weiser said to move the garage forward would leave no room for the existing turnaround which already slcipes downward. Mr. and Mrs. Weiser both recounted the hazardous conditions they have experienced with the present driveway. I Chairman Swedberg asked how long the Weisers had owned the property. The response was 10 years and during that time they have made substantial improvements to the property. Mrs. Weiser said they have always given careful consideration tci the trees on the property. . At the close of discussion, Art Flannagan moved approval of the waiver as on the agenda. Flannagan noted the characteristics unique to this specific property as topography, placement of the existing house on the lot and the apparent previou~ survey error noted by the Weis~rs and City staff based on information dated 1985. Second by Linda McCracken-Hunt, who noted the geometry of the proposed garage is in keeping with the existing architec- tural design whi~h should not be compromi~edand also the topo~raphy and previous s~rvey data is unique to this property only. Chairman S~edberg called the vote and it was unanimous for approval as on the agenda. I I I I Board of Zoning Appeals Page 3 December 10, 1991 91-12-31 (Map 22) Commercial 8806 Olson Memorial Highway Perkins Restaurant 1221 11.30 Subd. 7 (A) The petition is for waiver of Section: front setback, for 20 feet off the required 35 feet of landscape from the north lot line (7th Avenue) to a proposed distance of 15 feet of 1 andscape area. . The petiton was in order and consent obtained from adjacent properties except for the owner of~8517th Avenue North, Piazza1s Rest~urant. Mr. Piazza would sign only if Perkins Restaurant would agree to sign for a similar waiver request for them in the future. . . Mr. Dale Wenkus, architect for Perkins, was present. No others were in attendance. Chairman Swedberg noted staff had done a lengthy street file and Council and Planning Commission review relative to this property. Previous proposals went back to 1967. The restaurant was builtin 1971 with Council approval for parking in the landscape area adjacent to the Highway 55 right-of-way on the south side subject to certain landscape conditions. Mr. Wenkus described the proposed 12 foot wide by 32 foot long "greenhouse" type of dining area along the east side. The proposed eating area is simi- lar to upgrades being done on all other Perkins Restaurant. Mr. Wenkus noted this type of eating area has become very popular in the restaurant industry. The entire restaurant interior would again be remodeled. This was previously done in 1988. Chairman Swedberg said he is not in favor of any loss of green space in that area. . The Board discussed the status of surrounding properties and a consensus developed that no one was in favor of reducing the landscape. Mr. Wenkus said when he calculated the required parking based on the existing interior and the proposed addition he may have included some employee area which may not have required additional spaces. Mike Sell noted that four additional spaces are provided along the ~est lot line as part of this proposal, Linda McCracken-Hunt said that while shown on the site plan those spaces as parallel parking may not be practical for patrons, they would be suitable for employee paiking and would free up other spaces for patrons. After thorough review of the proposed overall remodeling, Mike Sell moved to deny the waiver as requested for reduction of 1andsc~pe area along the north lot line. Second by Linda McCracken-Hunt and upon vote carried. 1222 Board of Zoning Appeals Page 4 December 10, 1991 I Noting the substantial upgrade to the property, the current lot con- figuration and placement of the building on the site, Mike Sell moved to approve a waiver of 7 parking spaces off the 11 additional spaces required to four spaces noted on the west lot line as part of the proposed addition. Second by Larry Smith and upon vote carried. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:05 P.M. an db/~&r.~y I I