Loading...
07-14-92 BZA Minutes ~248 MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS July 14, 1992 I The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, July 14, 1992, at 7:30 P.M. in the Lower Level Confererice Room II, City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Chairman, Herb Polachek Emilie Johnson Mike Sell Mahlon Swedberg Larry Smith The first order of business was approval of the minutes of a regular meeting held June 9, 1992, 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 unanimously. 92-7-14 (Map 18) Residential I 130 Edgewood Avenue South Warren Kapsner The petition is for waiver of Section: front setback, for 6 feet off the required 35 feet from Cortlawn Circle to a distance of 29 feet to the house as it now exists; and for .04 feet off the required 35 feet from Edgewood Avenue to a distance of 34.6 feet to the house as it now exists. Purpose of the waivers is to correct an existing non- conforming status so a fully conforming addition may be added at the rear. The petition was in order. Consent obtained from adjacent properties. Warren Kapsner was present. No others were in attendance. Chair Polachek asked if there was any additional staff information. Secretary, Lloyd Becker, noted this property had been before the Board in 1968 for similar waivers of the existing conditions so an addition could be added. The waivers were not granted; however, permission was given for a building per- mit to be issued for the addition. This left the property non-conforming. The addition at that time was at the rear of the existing dwelling and about half the width of the house. The present proposal is to basically infill the remaining other side with a three-season porch. Mr. Kapsner said there are no changes to the exising setbacks. 11.21 Subd. 7 A I I I I Board of Zoning Appeals Page 2 July 14, 1992 1249 Mahlon Swedberg said he was on the Board of Appeals when this was addressed in 1968, and the Board was reluctant to consider anything except a factor of hardship such as topography. Mike Sell said he recalled the area as it developed. This house and the one next south were at the end of the Edgewood gravel cul de sac. It appears that when the subdivision to the west was developed, right-of-way on both houses was taken to provide access to the new area. Both existing houses then became corner lots and required two 35 foot setbacks. The right-of-way acquisition resulted in a setback of 29 feet from Cortlawn. Larry Smith said similar situations have occurred before. The house is non-conforming and by our current ordinance cannot be added to without the variances. The variances run with the land. Larry Smith said this appears more of an administrative matter than anything else and Smith moved for approval as on the agenda. Second by Mahlon Swedberg and upon vote carried unanimously. 92-7-15 (Map 5) Residential 2480 Kyle Avenue North Gwendolyn and Beckwith Horton The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for 0.1 feet off the required 35 feet from Kyle Avenue to a distance of 34.9 feet to the house at it now exists at its closest point; and for Section 11.21 Subd. 7 C side setback, for 1.5 feet off the required 15 feet from the south lot line to a distance of 13.7 feet to the house as it now exists. Purpose of the waiver is to correct an existing non- conforming condition so a fully conforming addition may be added at the rear. The petition was in order and consent obtained from adjacent properties. Mr. Jeffrey Tretch, of Kramer Construction was present to represent the owners. No others were in attendance. Secretary Lloyd Becker said a building permit has been issued. The owners have moved out of the house because of extensive interior remodeling. The addition at the rear con- forms to the Zoning Code. A survey on file showed the proposed house, when built in 1976, to be conforming. The survey stakes were found when the new permit was issued but a subsequent as-built for the existing house found a very minor error for front and a side setback at the closest corner. Mahlon Swedberg said this was basically administrative to correct a very minor error made when the home was built. Swedberg moved to approve the variances as on the agenda. Second by Emilie Johnson and upon vote carried unanimously. 1~O Board of Zoning Appeals Page 3 July 14, 1992 I 92-7-16 (Map 3) Residential 3250 Quail Avenue North Kenneth Eckel The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for 9 feet off the required 35 feet from Lowry Terrace to a distance of 26 feet to the proposed deck addition at its closest point. The petition was in order and consent obtained from adjacent properties. Mr. Eckel was present. No others were in attendance. Mahlon Swedberg asked what the reasoning was behind the design and location of the proposed deck. Mr. Eckel said there is a non-elevated patio slab there now with steps down out of the kitchen/dining area. The de$ign would provide direct walk-out without steps down. The location was the best alternative, taking into consideration the adjacent neighbor. The location meets the side setback and the shape of the lot lessens the front setback impact. To locate the deck on the north side is where the garage is and there would be no functional use or purpose in that location. Mr. Eckel said the deck is minimal in size 11 I x 141. He noted the unusual lot shape with a 35 foot setback required along 160 feet of the west side and 87 feet along the south. The house is crunched into a corner. Sell noted the reverse angle of the street that further affects the lot and placement of the structure. Sell moved to approve the waiver as requested, noting the lot shape, topography and reverse angle of the street as all factors limiting any other options on the lot. Larry Smith seconded the motion. Mahlon Swedberg noted the proponent made the best choice possible. Emilie Johnson reiterated the limiting factors of setbacks, topography and street angles. Chair Polachek called the vote and it was unanimous for approval. I I I I I Board of Zoning Appeals Page 4 July 14, 1992 1~1 92-7-17 (Map 5) Residential 2231 Lee Avenue North Gary Hanovich, M.D. The petition is for compliance with Section: 11.21 Subd. 4 C(4) to provide for construction of a conforming three-season porch at the rear of house on a property where a previous waiver had been granted for other construction. The petition was in order and consent obtained from adjacent properties. Mrs. Hanovich was present along with Mr. Richard Dempsey, contractor. Secretary, Lloyd Becker, said the present home was built in 1977. At that time it received a waiver of front setback to 25 feet because of the Flood Plain contour along Bassett Creek. Other properties in that location are also set forward because of the creek. The proposed construction at the rear conforms to the Zoning Code; however, our present ordinance requires BZA approval for any subsequent construction after a waiver has been granted. The Board thoroughly reviewed the plans~ Currently there is a deck all along the rear of the property. Mrs. Hanovich said her health limits her basically to a single-story environment and the three-season porch would provide an area year round along the creek. Mahlon Swedberg questioned the dimensions. Does the porch exceed the outward dimension of the existing deck? Mr. Dempsey said yes, but by very little, only to pro- vide a reasonably dimensioned room. Existing footings and post foundations would be removed and similar ones relocated. The proposed addition is only along a portion of where the deck is now. Lloyd Becker said if this is approved, it must be addressed by the Bassett Creek Flood Control Commission before any building permit could be issued. The porch is above the flood elevation, but the posts and footings may be a problem. Larry Smith moved to approve the waivers as on the agenda to allow further construction to a dwelling where a previous setback waiver had been granted and subject to approval of the Flood Plain Commission and engineers before a building permit is issued. Second by Emilie Johnson and upon vote carried unanimously. 1252 Board of Zoning Appeals Page 5 July 14, 1992 I 92-7-18 (Map 8) Residential 325 France Avenue North Wendy Louise The petition is for compliance with Section: 11.90 Subd. 4 C(4) to provide for construction of a conforming deck where a previous waiver had been granted on the property for other construction. The petition was in order and consent obtained from adjacent properties. The contractor for Wendy Louise was present. No others were in attendance. Secretary, Lloyd Becker, noted this property is a composite of three 40 foot lots. The existing home, when built, was set to the north side of the property. A waiver was granted along the north side several years ago to allow expansion of the attached single garage to a double. The proposed deck is conforming. Mahlon Swedberg said this is basically an administrative matter to comply with the ordinance where a previous waiver has been granted. Mahlon Swedberg moved for approval as on the agenda. Second by Mike Sell and upon vote carried. I Secretary, Lloyd Becker, informed the Board the petitioner for 2155 Scott Avenue was attending a Flood Plain hearing in the City Council Chambers and he suggested this item be moved to the end of the agenda. The Board concurred and moved on to the 101 Jersey petition. 97-7-19 (Map 17) Residential 101 Jersey Avenue North Darrin A. Kapphahn The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for 4.2 feet off the required 35 feet from Jersey Avenue to the house as it now exists at its"closest point; andfor.03 feet off the required 35 feet from Jersey to the proposed detached garage (to align with existing); and for Section: to allow for the detached garage to be placed to the side of the existing house 00 feet away). The petition was in order. Consent had been obtained and Darrin Kapphahn was I present. No others were in attendance. 11.21 Subd. 12 A I I I Board of Zoning Appeals Page 6 July 14, 1992 1253 Mr. Kapphahn described the lot as having extreme topography. The existing home is well to one side as the lot drops off rapidly to the south and rear lot lines. The garage would be attached to the house, if possible; however, it would require an enormous amount of fill and costly foundation. A large willow tree stood along side the house. This has been removed and the stump ground down. A large root system remains and it would be difficult to provide a foun- dation. The proposed garage would be in line with the existing home and somewhat lower because of topography. The Board discussed several construction options and location on the lot. Mr. Kapphahn said his rear yard is a ponding area for the neighborhood. There is a storm sewer catch basin there. At the close of discussion, Mahlon Swedberg moved to approve the waivers as on the agenda. Swedberg noted topography, placement of the existing house and lack of any other feasible location for the garage. Second by Mike Sell and upon vote carried. Emilie Johnson left the meeting at 8:30 P.M. because of a prior commitment that could not be rescheduled and required her attendance. 92-7-20 (Map 5) Residential 2155 Scott Avenue North Edward W. O.Connell-Beth Dinndorf The petition is for waiver of Section: rear setback, for 17 feet off the required 22 feet to a distance of 5 feet from the west lot line to the proposed deck at its closest point (mean average lot depth 110 feet). The petition was in order. Consent obtained from adjacent properties. Beth Dinndorf was present. Ms. Dinndorf described the proposed room addition and wrap-around deck. The major portion of the deck is designed to provide for a view of Bassett Creek. Mahlon Swedberg questioned the need for the wrap-around deck/walkway as it appeared the main portion of the deck could be accessed in an alternate manner. 11.21 Subd. 7 B The Board reviewed the floor plans and Ms. Dinndorf agreed it could be done differently and it would reduce the waiver required. Mike Sell sketched the new deck line on the survey that was provided for the petition. This line begins at the rear corner of the room addition and parallels the rear lot line. This reduces the waiver to 8 feet off the required 22 feet and provides a distance of 14 feet from the rear lot 'line to the deck at its closest point. Ms. Dinndorf and Chair Polachek signed and dated the revised footprint and this was designated IIExhibit All and the deck plans will be revised accordingly. Secretary, Lloyd Becker, noted this property is within the jurisdiction of Bassett Creek Flood Control. Prior to any permit being issued, it will require review and approval of the Commission. Ms. Dinndorf acknowledged she was aware of this. 1.254 Board of Zoning Appeals Page 7 July 14, 1992 I Mahlon Swedberg moved to approve the revised waiver for 8 feet off the required 22 feet to a distance of 14 feet from the rear lot line to the deck and room addition at its closest point. Second by Mike Sell (who noted again subject to Bassett Creek approval) upon vote, the motion carried unanimously. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:05 P.M. ~~ Herb Polachek, Chairman db/J/~/ I I