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03-09-93 BZA Minutes 1278 MINUTES OF A REGULAR MEETING OF THE March 9, 1993 I GOLDEN VALLEY BOARD OF ZONING APPEALS The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, March 9, 1993, 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 Emil i e Johnson Mahlon Swedberg Mike Sell Larry Smith Lloyd Becker, Secretary/Staff Liaison The first order of business was approval of the minutes of a regular meeting held February 9, 1993, copies of which had previously been distributed to t he Board. Larry Smith moved to approve the minutes as written and presented. Second by Mike Sell and upon vote carried. 93-3-5 (Map 1) Residential I 1832 York Avenue North David L. & Sue Rodli Astin The petition is for waiver of Section: 11. 90 Subd. 2 non-conforming structures to allow for a fully conforming addition at the rear of the existing home. (present structure non-conforming front and side) The petition was in order and consent obtained from adjacent properties. Mr. David Astin was present. No others were in attendance. Chairman Polachek asked if there was any further staff information. Secretary, Lloyd Becker, said there was no record of an original building permit in the file, but adjacent similar homes appeared to have been constructed in or around 1937. This home and the adjacent home to the east appear almost identical with tuck-under single garage and retaining walls of timbers or block on the sides of the driveway. This home had the retaining walls of block and, at some time with- out a permit, a roof was installed over the driveway resulting in the structure being within 4.9 feet from the front lot line at the closest point. The home is also non-conforming for side setback. Because of the extremes of non-conformance, waivers are not on the agenda for the existing setbacks but for waiver of the Administrative section of the Code which prohibits alteration or expansion of an I. existing non-conforming structure so a conforming room addition at the rear can be added without perpetuating the existing front and side setbacks. Board of Zoning Appeals Page 2 March 9, 1993 1~9 I Mr. Astin said they purchased the home in the late 1970's. They have done interior remodeling and now would like to add an eating and dining area off the existing kitchen. Mr. Astin said the garage roof is of poured concrete and was done by the previous owner, who was a contractor. Mr. Astin said up until the time he considered the proposed addition and had a survey done, he did not realize his home was non-conforming. Mahlon Swedberg asked if there was a door from the existing original garage. Mr. Astin said yes a new metal door to meet code requirements had been installed. He described the garage as tandem with one car behind the other and very narrow side clearance. The Board discussed the extreme topography of the lot. Mike Sell said the lot is very deep and possibly an alley at the rear of this and adjacent lots might have been a possibility when platted, but the extreme topography does not make it possible. I Mr. Astin said there are no alternatives for a garage at the rear because of the narrow side setbacks on the house and also the topography. At the close of discussion, Larry Smith moved to approve the waiver as on the agenda, which would allow the conforming addition at the rear. Smith noted the extreme topography, narrow side setbacks and lack of any other reasonable alter- natives on the site. Second by Mahlon Swedberg, who said it would not be reason- able to grant waivers of the magnitude necessary to legalize the existing setbacks, but again noting the topography and lot configuration, it is reasonable to allow the conforming addition and general upgrade of the property. Emilee Johnson concurred and noted other homes in the area may have some similar situations and rather than have the neighborhood deteriorate, conforming improve- ments where possible are a reasonable alternative. Chairman Polachek called the vote and it was unanimous for approval as on the agenda. City Attorney, Allen Barnard and Planning & Development Director, Mark Grimes, were present. Their purpose in conjunction with the Board was to review certain existing requirements of the City Code, which, for example, requires a property owner with an existing non-conforming condition for setbacks to appear before the Board if a fully conforming addition or alteration is proposed. Another is the provision that requires subsequent BZA approval for any property where a previous waiver had been granted, even though the additional construction or activity proposed may conform to the Code. Mark Grimes described how they relate to zoning matters and any reasonable alternatives that might be more workable were explored. I 1280 Board of Zoning Appeals Page 3 March 9, 1993 The general consensus of the Board was to leave the Code as is and while there may be occassions where a property owner may have to return to the Board, it was not overly burdensome to the residents or the Board at this time. Allen Barnard and Mark Grimes continued discussion with the Board on other general matters and concerns of individual Board members as they relate to determinations of hard- ship, uniqueness of properties and the many variable characteristics that make each vari ance appeal di fferent from any other and each a separate matter deter- mined on its merits. I There being no further business to come before the Board, it was upon motion, second, and vote to adjourn at 9:40 P.M. ~~ Herb Polachek, Chairman rI6~k~Y I I