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09-08-92 BZA Minutes I I I 1257 MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS September 8, 1992 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, September 8, 1992, 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, Herb Polachek Mahlon Swedberg Larry Smith Mike Sell Paula Pentel (alternate, from Planning Commission) Absent by prior arrangement, Emilie Johnson. The first order of business was approval of the minutes of a regular meeting held August 11, 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. 92-9-22 (Map 8) Residential 310 Burntside Drive Steve & Kathy Dritsas The petition is for waiver of Section: 11.21 Subd. 7 C(l) side setback, for 5 feet off the required 15 feet from the north lot line to a distance of 10 feet from the north lot line to the proposed room and porch addition. The petition was in order, consent obtained from adjacent properties. Mr. Dritsas was present with the contractor. No others were in attendance. Secretary, Lloyd Becker, noted a similar variance request had been granted by the Board of Zoning Appeals for this property April 11, 1990. At that time, the Board noted the topography, unusual features of the existing house and placement on the lot. No construction took place within one year after the approval and the waiver expired. The Board reviewed the present proposal. Mr. Dristsas said the dimensions were the same as last time. Mahlon Swedberg said nothing has really changed from 1990 and moved to grant approval as on the agenda. Second by Mike Sell and upon vote carried unanimously. jL~~oard of Zoning Appeals Page 2 September 8, 1992 92-9-23 (Map 15) Residential 7440 Plymouth Avenue North Mark Luther I The petition is for waiver of Section: 11.21 Subd. 7 B rear setback, for 14 feet off the required 23.2 feet from the north lot line to a proposed distance of 9 feet from the north lot line to the proposed garage addition. The petition was in order, consent obtained from adjacent properties. Mark Luther was present. No adjacent property owners were present. Secretary, Lloyd Becker, noted this is a corner lot. At the time the existing home was built, it was placed facing Pennsylvania Avenue. For zoning purposes, the width of the lot determines the front and the depth the rear. As such, the north lot line is the rear side. The present setback of 23 feet meets the rear setback. The pro- posed additional garage stall intrudes 14 feet. Paula Pentel described the other homes to the north. They all appear to have substantial side setbacks. This home facing Pennsylvania has every appearance of the north lot line being a side rather than a rear lot line. Should the variance be granted, it would have the appearance of being consistent with the other homes. Mahlon Swedberg asked why the additional stall was 14 feet in width. Mr. Luther said this was to provide approximately 2! feet on either side for framing of a garage door 9 feet in width. Swedberg said he felt this dimension could be narrowed. Mr. Luther said he was agreeable to attempting to do so. The Board discussed at length the topography, placement of the existing house on the lot and the potential for alternatives. At the close of discussion, a consensus was arrived at whereby the garage width was reduced by 2 feet and a waiver of 12 feet off the required 23 feet to a distance of 11 feet from the north lot line was proposed. I Mike Sell noted, that appearance-wise, the distance from the north lot line had every appearance of a side setback. Sell moved to approve the revised waiver setback to a distance of 11 feet from the north lot line to the proposed garage addition. Second by Paula Pentel and upon vote carried unanimously. 92-9-24 (Map 21) Residential 1117 Winnetka Avenue North Stanley and Linda Berven The petition is for waiver of Section: 11.21 Subd. 12 (A) accessory buildings, for 3 feet off the required 5 feet from the north and west lot lines to a distance of 2 feet to the proposed detached garage. I I I I Board of Zoning Appeals Page 3 September 8, 1992 1~9 The petition was in order and consent obtained from adjacent properties. Stanley and Linda Berven were present. No others were in attendance. The property presently has no garage. Mrs. Berven said they had lived there for 19 years. The waiver is requested because the existing house is set to the north side of the lot leaving only room for a driveway. If the proposed garage is placed at 5 feet from the side and rear lot lines, it becomes almost impossible to maneuver around the house. Mr. Berven said the proposed garage width of 20 feet is the minimum for two garage stalls. Mahlon Swedberg asked if they had considered a slightly larger width as long as they had never had a garage and were now proposing a minimum of 20 feet. Mr. Berven said they have a very large maple tree they want to preserve and they feel 20 feet will be adequate. Larry Smith moved to approve the waiver as requested, noting the topography, placement of the house to one side of the lot and the limited access to the rear of the lot. Second by Mike Sell and upon vote carried. 92-9-25 (Map 20) Residential 1720 Independence Avenue North Mark Leukuma The petition is for waiver of Section: 11.21 Subd. 12 (A) detached accessory buildings, to allow for placement of the accessory building to the side of the existing home (not 10 feet to the rear as required). The petition was in order. Consent obtained from adjacent properties. Mr. Leukuma was present. No others were in attendance. Secretary, Lloyd Becker, said this shed was brought to his attention based on a chance observation by a member of the Planning Department. The shed is typical of those sold at lumber yards as storage sheds. This shed is about the largest obtainable. It is 12 feet by 16 feet and would require a building permit. (No permit is required by the Code if under 120 square feet.) The lot is basically a triangle with a frontage of 191 feet along Independence Avenue. The back yard is mostly a 25 foot portion of vacated Wheeler Avenue, which is adjacent to the Hennepin County Sheriff1s radio facilities. Mr. Leukuma said the rear of his lot is in a storm water drainage area. The City Engineer has looked at it and said placement of the shed in the drainage area would impede runoff. The Board discussed various alternatives, such as moving the shed closer to the house. This was found to block access to the existing attached garage. Another alternative was around the corner of the existing garage. This was found to be a patio area and entrance to the kitchen. Secretary, Lloyd Becker, said at the present time the shed is in violation of the Zoning Code, was built without a permit and the alternative for staff would be to order it removed. 1.260 Board of Zoning Appeals Page 4 September 8, 1992 I After continued review, the Board concurred that the present location is about the only workable situation. Landscape screening was suggested, if the Board's decision was to allow the accessory shed to remain there. Mr. Leukuma said he would agree to that. Secretary, Lloyd Becker, said it should be something more than seedlings, possibly juniper or spruce about 4 feet in height. Mah10n Swedberg moved to approve the waiver, as on the agenda, and allow the shed to remain as shown on the survey/site plan, subject to Mr. Leukuma sub- mitting a landscape plan to the Zoning & Inspection staff. The plan is to pro- vide for mature p1antings along the front and south side of the shed and if the plan is approved, they should be in place by November 1, 1992. If the plan does not appear to meet the intent of the Board of Zoning Appeals, it shall be brought to the Board of Zoning Appeals for further consideration of the waiver. Second by Mike Sell and upon vote carried unanimously. 92-9-26 (Map 6) Residential 1840 Major Drive James R. Lausen The petition is for waiver of Section: 11.65 Subd. 5 (A) shore1and setback, for 25 feet off the required 75 foot setback from the ordinary high water line to a distance of 50 feet to the proposed deck and porch addition and for those portions of the house as it now exists. I The petition was in order and consent obtained from adjacent properties. Mr. James Lausen was present. No others were in attendance. This waiver is of the setback requirements of the Shore1and Ordinance. The Shore1and Ordinance was prepared and adopted by the City in 1988. Many of the homes along Sweeney Lake lie within the 75 foot setback from the ordinary high water line but are substantially well above the high water mark. The proposal is to remove an existing deteriorating deck approximately 5 feet in depth and replace it with a new combination deck and enclosed porch. Pursuant to the ordinance requirements, copies of the proposed variance materials were sent to the Commissioner of the DNR for comment 10 days before the meeting. No response was received from the DNR until a fax letter was sent to the City at 4:55 P.M., September 8, the night of the BZA Meeting. This waiver request, along with supporting materials had been sent to the Bassett Creek Water Management Commission. They responded by letter dated August 4, 1992. The letter found the proposed deck plan to be in conformance with the policies of the Bassett Creek Water Commission Plan. The DNR fax outlined two paragraphs defining hardship and five sub- paragraphs of pre-requisites. The DNR recommended denial of the requested variance unless the conditions noted can be met. I I I I Board of Zoning Appeals Page 5 September 8, 1992 1~1 Mr. Lausen made a detailed presentation of the proposed deck construction. Mr. Lausen said to construct the deck in any area to the north would inter- fere with the existing kitchen and the plumbing and electrical to that area. Mr. Lausen noted the ordinary high water elevation is 827.7 feet and the elevation of the 75 foot setback line is 841.3 feet, a 14 foot differential Mr. Lausen said the homes adjacent to him are set closer than his to Sweeney Lake. The Board continued a lengthy discussion of the DNR information and a review of the existing characteristics specific to this property. Mah10n Swedberg said he is strongly influenced by the Bassett Creek Commission1s findings and other characteristics unique to the property. Swedberg moved to approve the waivers as on the agenda, second by Paula Pente1. Discussion was called on the motion and the following findings were made as part of the motion for approval: 1. The Bassett Creek Commission letter of approval. 2. Topography of the lot is unique. 3. The house was erected prior to 1988 and the porch/deck present no significant change. 4. It is apparent other adjacent structures are closer to the lake and there is no significant impact on adjacent properties. 5. The extreme difference in elevation between the ordinary high water and the proposed construction. 6. The new deck cannot be constructed in an alternate area because of existing structural and mechanical conditions. 7. The proposed use is reasonable. 8. The granting of the variance does not alter the essential character of the locality. Chairman Polachek called the question and upon vote, it was unanimous for approval with the finding 1 through 8 as part of the approval. Secretary, Lloyd Becker, said he would forward a copy of the minmutes to the DNR within 10 days after the meeting. The Board noted that if there are any subsequent comments or requirements by the DNR, Mr. Lausen is to respond to the DNR directly. 1262 Board of Zoning Appeals Page 6 September 8, 1992 I Lloyd Becker said no consideration of a building permit would be made until after the 10 day notice to the DNR of the Board's action. There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:25 P.M. ~ ~~~rman ~e~y I I