12-08-92 BZA Minutes
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MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
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December 8,_ 1992
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, December 8, 1992, at 7:30 P.M. in the City Council Chambers, City Hall,
7800 Golden Valley Road, Golden Valley, Minnesota.
The following Board members were present:
Chairman, Herb Polachek
Emilie Johnson
Mike Sell
Larry Smith
Mahlon Swedberg
Lloyd Becker, Secretary/Staff Liaison
The first order of business was approval of the minutes of a regular meeting
held November 10, 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.
92-12-35 (Map 5) Residential
Lot 6, Block 1, Thompson's Bassett's Creek Addition
Rosann Fischer & Michael Urbanos
The petition is for waiver of Section:
11.21 Subd. 7 A
front setback, for 20 feet off the required
35 feet along the east lot line abutting Legend
Lane right-of-way and for 8.6 feet off the required
23.6 feet from the west lot line to a distance of
15 feet from the west lot line. (Purpose of the
waiver is to seek Board of Zoning Appeals deter-
mination of front, rear and side setback on this
interior vacant lot.)
The petition was in order and consent obtained from adjacent property owners.
Rosann Fischer was present. The adjacent property owners at 4241 Legend Lane
were also present.
Chairman Polachek asked Lloyd Becker for a staff review. A site plan, based on
a recent survey, identified the flood plain elevation on the lot and the sur-
veyor drew in the setbacks as determined by staff in accordance with the Zoning
Code and also proposed setbacks that the lot owners were requesting. Each board
member received the site plan with their agenda packet and both the lot owner
and adjacent neighbors were provided with a site plan at the meeting. The set-
back lines were colored. Yellow was used to identify the petitioners requested
setbacks. Red was used to identify staff's setbacks as determined by the Zoning
Code.
1.27~ard of
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December
Zoning Appeals
8, 1992
This lot lies at the end of Legend Lane. There is no cul de sac, just a widening I
at the end as it abuts this lot. The lot is approximately 400 feet long by 118
feet wide. Bassett Creek runs through the north end and the flood plain eleva-
tion through the lot limits construction to basically the south half of the lot.
Rosann Fischer said they have a buyer for the lot. The buyers, at this time, do
not have final building plans for a proposed new house because they don't know
the parameters of the area it could be placed in.
The Board discussed, at length, the unusual characteristics of the lot. Mahlon
Swedberg noted only a small portion of the lot actually abuts the end of Legend
Lane, where specifically the 35 foot setback would apply. Mike Sell said of more
concern to him is the most reasonable alignment that can be established, relative
to the adjacent home at 4241 Legend Lane.
The Board reviewed and very carefully described and explained the setbacks and
possibilities for alignment for a home on the lot. At the close of discussion,
M ah 1 on Swedberg moved toa 11 ow the setbacks as i dent ifi ed by the 1 i nes and-
dimensions provided by the petitioner's surveyor and .as ident'ified by the color
yellow on the site plans, and with any house constructed to be in general alignment
with the adjacent home. Second by Mike Sell, who said in doing so he would like
the motion considered for amendment to read "any proposed house should be in
a pprox i mate a 1 i gnment with the adj a.cent house and bounded on the north by a con-
tour line of 839 elevation." Mahlon Swedberg agreed to amend the motion as des-
cribed. During further discussion of the motion, the Board stated the intent I
of approval was conditional and subject to final building plans being brought to
the Board for review and approval before any building permit could be issued.
Chairman Polachek called the question and upon vote it was unanimous for approval
with the amended motion and conditions as described.
Chairman Polachek and the property owner signed the site plan for City records
as "Exhibit A" of the Board's action and a similar site plan was signed by the
Chair and property owner for their record.
The adjacent property owners at 4241 said they understood the Board's action and
were satisfied with the setbacks as determined. They were provided a site plan.
Chairman Polachek, speaking for the Board, noted to Rosann Fischer that when final
building plans are brought to the Board, whenever that may occur, no additional
fee shall be charged because the plans required are part of this meeting's
determination.
There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn at 8:30 P.M.
Herb Polachek, Chairman
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