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10-13-92 BZA Minutes I I I MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS 1263 October 13, 1992 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, October 13, 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 Mike Sell Larry Smith Emil i e Johnson Absent by prior arrangement, Mahlon Swedberg. No alternates were available. The first order of business was approval of the minutes of a regular meeting held September 8, 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. 92-10-27 Map 10) Residential 4350 Sussex Road Dr. Bruce Blazar & Lisa Blazar The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for 3 feet off the required 35 feet from the Sussex Road to a distance of 32 feet to the house at its closest corner as it now exists, and for Section 11.21 Subd. 7 (C)1 side setback, for 3 feet off the required 15 feet to a distance of 12 feet to the house at its closest corner to the east lot line as it now exists. Purpose of the waiver request is to correct an existing non-conforming status so a fully conforming deck addition may be constructed at the rear. The petition was in order. Consent obtained from adjacent properties. Mrs. Blazar was present. No others were in attendance. Mrs. Blazar described the proposed new deck and addition to a bedroom. There had been an existing deck but it had deteriorated to such an extent that it has been removed. The replacement of the deck and the room addi- tion are at the rear of the house and fully conform to the required setbacks. 1264 Board of Zoning Appeals Page 2 October 13, 1992 I Mrs. B1azar said they had no idea their house did not meet the required set- back. A recent survey.showed the house placed on a slight angle and the closest corner on the southeast does not meet the side and front setback. Mike Sell noted the unusual lot configuration and the various tangents relative to the street. As-built surveys weren't required when this home was built and many times only when a survey is required do these minor errors show up. Mike Sell moved to approve the waivers as on the agenda, noting the unusual lot configuration, topography and the placement error when the house was built. Second by Larry Smith. Smith concurred with Sell IS observations noting you canlt move the existing house just because of a minor error. Emilie Johnson said this was a difficult lot configuration to place a house on and also agreed with the above. Chairman Polachek called the vote and it was unanimous for approval. 92-10-28 (Map 14) Residential 2240 Pennsylvania Avenue North Chun T. Wong & Susan Bickmore The petition is for waiver of Section: 11.21 Subd. 7 (C)l side setback, for 1 foot off the required 15 feet from the north lot line to a distance of 14 feet to the house as it now exists at the closest point and for the proposed addition along that same lot line. The petition was in order. Consent had been obtained from adjacent proper- ties~ Chun T. Wong and Susan Bickmore were present. No others were in attendance. I Secretary, Lloyd Becker, noted there are no residential properties to the north. This home abuts City open space and trail system on the north side and is across from the DeCola Ponds. Susan Bickmore said they do not want to further infringe on the setback. Their addition is to the rear and in line with the present setback. Mike Sell said this is almost an identical situation of the previous waiver request. This home was placed slightly in error when built. Sell noted the house is also on a slight angle and at the farthest end of the proposed addition, the addition meets or exceeds the required side setback. There is 18 feet of side setback on the south side. The Board discussed the surrounding properties and agreed there is no impact on anyone by the pro- posed addition. I I I I 1265 Board of Zoning Appeals Page 3 October 13, 1992 At the close of discussion, Mike Sell moved to approve the waiver as on the agenda. Second by Emilie Johnson, who noted the topography, surrounding open space and the minor error of setback when the house was built. Upon vote, the motion to approve carried unanimously. 92-10-29 (Map 17) Residential 401 Edgewood Avenue North Kenneth and Kathryn Valentas The petition is for waiver of Section: . 11.21 Subd. 7 (A) front setback, for 4.6 feet off the required 35 feet from Edgewood Avenue to a distance of 30.4 feet to the proposed front entry addition and for the house as it now exists from Edgewood, and for 3.5 feet off the required 15 feet from the south lot line to a distance of 11.5 feet to the proposed room additions at their closest point. The petition was in order. Consent obtained from adjacent properties. Kenneth and Kathryn Valentas were present. No others were in attendance. Secretary, Lloyd Becker, described this petition as almost a mirror image of unusual lot configuration as the first item on the agenda tonight including the existing home placed on an angle and in error when built. Mr. Valentas described the small addition to an existing room on the south side and a 12 foot by 14 foot addition at the rear. There is a small entry way to be constructed in the front along with replacement of some existing windows with bay windows. Larry Smith noted the lot dimensions, approximately 110 feet in width at the front setback line, 210 feet in depth and narrowing to 30 feet in width at the rear. The front lot line is a long radius on Edgewood. The house has a 31 foot side setback at the northeast corner and 21 feet at the southwest corner. However, it is on an angle and intrudes into the side setback at the rear. Mr. Valentas said the house is about 30 years old. The improvements are a substantial upgrade and they would like to remain there. Larry Smith said there is no disturbance to the character of the neighborhood with this proposal. Smith moved to approve the waivers as on the agenda, noting the unusual lot configuration, topography and the curving front lot line which in all probability led to the setback error. Second by Mike Sell and upon vote carried unanimously. 1266 Board of Zoning Appeals Page 4 October 13, 1992 92-10-30. (Map 9) Residential 308 Meadow Lane South Stephen & Catherene Johnston I The petition is for waiver of Section: 11.21 Subd. 4 (C)4 to provide for a conforming room addition at the rear of the existing house on a property where a previous waiver had been granted for other construction. The petition was in order. Consent obtained from adjacent properties. Stephen and Catherene Johnston were present. No others were in attendance. Secretary, Lloyd Becker, said this petition is basically administrative in nature. This property had previously received a waiver of the front setback and the ordinance requires that any subsequent construction activity there- after requires a return to the Board of Zoning Appeals because it is a pro- posed change from the conditions that existed and considered for the pre- vious variance. Mr. Johnston described the small room addition totally to the rear and fully conforming for setback. Emili~ Johnson moved to approve the waiver as requested, second by Larry Smith and upon vote carried. 92-10-31 (Map 5) Residential 4610 Golden Valley Road Kristen Rieser I The petition is for waiver of Section: 11.21 Subd. 7 C(2) side setback, for 8.3 feet off the reauired 13.8 feet from the east lot line to a distance of 5.5 feet to the proposed qaraqe addition at its closest point from the lot line. The petition was in order. Consent obtained from adjacent properties. Kristen Rieser was present. No others were in attendance. Ms. Rieser described the lot as unusual. 314 feet at the deepest end and 92 feet wide. The existinq home is set back approximately 100 feet from Golden Valley Road and it is set at an anqle on the property. Ms. Rieser described several alternatives they had looked at and the proposal before the Board appeared the best. This is an attached qaraqe on the east side of the house and extends 19 feet forward of the existinq house. There are two bedrooms proposed on the upper level above the qaraqe. The Board Questioned the 24 foot width of the proposed qaraqe. Mike Sell said he could look favorably at this addition if the qaraqe width was narrowed to 22 feet. I I I I ~~7 Board of Zoning Appeals Paqe 5 October 13. 1992 Further discussion followed. Sell said he couldn't vote for a 24 foot width. At 24 feet. the variance is over one-half of the required setback and should the adjacent neiqhbor erect a fence on the lot line it would be difficult to qet around that side of the house. Ms. Rieser noted the house sits at an anqle and it is only at the closest point that the variance is the qreatest. Ms. Rieser said she could understand the question of prece- dent and the concern for access around the east side. Ms. Rieser aqreed to narrowinq the proposed qaraqe addition to 22 feet. Mike Sell moved to approve a .varianceof 6.3 feet off the required 13.8 feet to a distance of 7.5 feet from the east lot line to the addition at its closest point. Second by Emilie Johnson and upon vote carried unanimously. 92-10-32 (Map 4) Residential 2937 Perry Avenue North Alex & Lvnn Herda The petition is for waiver of Section: 11.21 Subd. 7 C(2) side setback. for 8.3 feet off the required 14.9 feet from the south lot line to a distance of 6.6 feet to the proposed attached qaraqe addition at its closest point. The petition was in order. Consent obtained from all adjacent properties. Alex and Lynn Herda were present. No others were in attendance. Mr. Herda described the existinq sinqle-car qaraqe and small breezeway that now exists. They have small children and they have concerns for safety and need more space for storaqe. The stairway to the basement is in the breezeway and the present con- fiquration is very danqerous. If approved for the variance. the stairway would be chanQed. Mike Sell said the 24 foot width of the qaraQe is simi- lar to the previous request and in this case the variance required is excessive. Larry Smith aqreed and sUQQested a 22 foot width is possible. A~ a result of further discussion on other alternatives. Mr. and Mrs. Herda decided they could narrow the qaraQe to a width of 22 feet. Mike Sell moved to approve a waiver of 6.3 feet off the required 14.9 foot side set- back to a distance of 8.6 feet to the proposed Qaraqe addition at its clo- sest point. Second by Larry Smith and upon vote carried unanimously. 1.268 Board of Zoninq Appeals P aqe 6 October 13. 1992 I 92-10-33 (Map 13) Industrial 800 Colorado Avenue South Ron-Vik. Inc. The petition is for waiver of Section: 11.36 Subd. 6 (C)3 to allow a conforminq addition to be added to the south side of the currently non-conforminq structure. The petition was in order and cons~nt obtained from adjacent properties. Mr. Norman Olafson. Vice President of Finance. was present representinq Ron Vik. Also present was Mr. Dick Fremuth. the architect for the proposed addition. No others were in attendance. Secretary. Lloyd Becker. noted the very thorouqh effort Mr. Olafson made to contact and obtain the siqnatures from adjacent industrial and commercial properties. Manv have multiple owners and some out of state. Becker described the variance is to provide for a small addition to an existinq non- conforminq buildinq without qrantinq permanent waiver of existinq setbacks for the buildinq and parkinq. I Mr. Olafson noted City Council minutes that approved the existinq setback in 1961. The setback from the south lot line is 15 feet and 20 feet is required. Mr. Olafson described the small addition as for storaqe of materi a 1 s and several vehi cl es. The additi on meets all requi red setbacks. Larry Smith asked Lloyd Becker for further clarification of the Zoninq Code the waiver addresses. This was done. Mr. Olafson said Ron Vik had been in the buildinq since 1968 and have maintained the buildinq and qrounds very well. The addition is a further effort in that direction. Mike Sell moved to aporove the waiver as on the aqenda. Second by Larry Smith and upon vote carried unanimously. The Board discussed several administrative items. Mike Sell suqqested havinq Planninq staff. at the next reqular meetinq. exolore the residential code to allow for such thinqs as bav windows. front entrances. fireplaces. etc.. to be considered similar to what the ordinance now orovides for cor- nices and eaves. There beinq no further business to come before the Board. it was upon motion. second. and vote to adjourn at 9:17 P.M. dJ~ -zi!tt. ~~~ \ loyd . ecker. Secretary I Herb Polachek. Chairman