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06-08-93 BZA Minutes 1286 MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS June 8, 1993 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, June 8, 1993, at 7:30 P.M. in the City Council Chambers, City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. I The following Board members were present: Chairman, Larry Smith Mahlon Swedberg Mike Se 11 Emilie Johnson Herb Polachek Lloyd G. Becker, Secretary/Staff Liaison The first order of business was approval of the minutes of a regular meeting held Tuesday, May 11, 1993, copies of which had previously been distributed to the Board. Herb Polachek moved to approve the minutes as written and presented. Second by Mike Sell and upon vote carried. 93-6-11 (Map 23) Residential 1015 Wisconsin Avenue South Leonid Mayzel The petition is for waiver of Section: I 11.21 Subd. 7 C side setback, to allow for a fence that exceeds 6 feet in height, for a distance approximately 90 feet in length along the northwest lot line. The petition was in order, consent obtained from adjacent properties. Leonid Mayzel was present. No others were in attendance for this petition. Secretary, Lloyd Becker, explained that the Building Code identifies any fence/wall over 6 feet in height as being a structure. The proposed board- on-board fence is 7! feet high and as such is considered a structure on the lot line. Mr. Mayzel described the type of fence and said because of the noise of 1-394 he needs a fence and also for privacy. Mr. Mayzel said the home is about 10 years old and he purchased the home approximately a year ago. Mahlon Swedberg questioned why 7i feet. Mr. Mayzel said he is over 6 feet tall and wants the fence high enough to reduce sound and have privacy for the back yard. The fence is only along the side toward 1-394 and ends at the rear of the house. It does not run front to rear of the lot. Mahlon Swedberg said hes's not sure a 7! foot high fence will solve any noise problems but there may be a perception it does so. Swedberg moved to approve the fence at 7! feet high along the northwest lot line. Second by Mike Sell and upon vote carried. I I I I Board of Zoning Appeals Page 2 June 8, 1993 1287 93-6-12 (Map 15) Residential 6332 Olympia Street Helen Albrecht The petition is for waiver of Section: 11.21 Subd. 7 C(2) side setback, for. 8..3 feet off the required 14.2 side setback toa distance of 5.9 feet from the west lot line to the attached garage as it now exists. Purpose of the waiver. is to pro'vide for a proposed addition that fully conforms to be ' constructed at the rear of the home. The petition was in order, consent obtained from adjacent properties. Helen Albrecht was present with her son, Dan Albrecht. No others were in attendance for this petition. Secretary, Lloyd Becker, said this property was granted a variance in the late 1950's so a breezeway and single-car attached garage could be constructed within 61 feet of the west lot line. A recent survey shows the garage as 5.9 feet from the west lot line. This petition is before the Board because of the error and the property having received a previous waiver and additional construction is now proposed. The addition, at the rear, would fully conform. Helen Albrecht explained the need for additional living space. She has lived at this address for 39 years and had no idea the garage was in error when built. Mike Sell said had they not come in for a permit to construct the addition and a current survey done, they probably would never have known of the error. Mike Sell noted the proposed addition fully conforms and this is more administrative to correct a minor error of 39 years ago. Sell moved approval of the waiver as on the agenda. Second by Herb Polachek and upon vote carried. 93-6-13 (Map 14) Residential 6909 Medicine Lake Road Brian & Patricia A1des The petition is for waiver of Section: 11.21 Subd. 12 A accessory buildings, for the garage that now exists in a non-conforming status, and for Section 11. 21 Subd. 7A front setback, for .5 feet of a foot off the required 35 feet from Medicine Lake Road to a distance of 34.5 feet to the house as it now exists at its closest point. 1.288 Board of Zoning Appeals Page 3 June 8, 1993 I The petition was in order. Consent obtained from adjacent properties. A1des was present. No others were in attendance for this petition~ Secretary, Lloyd Becker, said Mr. A1des had been referre.d to the Board of Zoning Appeals by the Planning Department. The~xisting detached garage is along side of the hous.e, not to the rear 10 feetasrequi red by the Zoni ng Code. The sma 11 front entry is .50f afoot into the front setback. Mr. A1des has proposed to subdivide his property to create another lot. Since the petition had been filed and the agenda prepared, Mr. A1des submitted his proposed sub-division and site plan to the Planning Department. The existing garage will be moved to the rear of the existing house in accordance with the Zoning Code. Only the front set~ back requires a variance if the property is to be subdivided. Mr. A1des explained the chronology of applications to the Planning Commission over the past four months. The process is unfamiliar to them and they have been in the home only seven months. They are going to proceed with the subdivision. Mike Sell moved to approve the waiver of .5 of a foot off the required 35 feet from Medicine Lake Road to the front entry of the house at its closest point. Second by Emilie Johnson and upon vote carried. Brian 93-6-14 (Map 11) Residential 1650 Constance Drive Mary Rush - Fran Watson I The petition is for waiver of Section: 11.21 Subd. 7 C(l) side setback, for 6.5 feet .off the required 15 feet from the south lot line to a distance of 8.5 feet to the house as it exists, and the pro,... posed three-season porch at its closest point. The petition was in order. Consent obtained from adjacent properties. Mary Rush and Fran Watson were present. No others were in attendance for this peti- tion. The proponents explained this is a corner lot, the house was .p1aced at a slight angle when built. The proposed addition, at the rear, aligns with the south side of the house and because of the existing alignments the closest point would be 8.5 feet from the side lot line. Because of existing construction characteristics, the addition could not be built if it were required to be set in from the side alignment. The Board discussed the structural characteristics and the dimensions of the addition. Mah10n Swedberg said the existing home has been there for years and though the alignment may have been an error when built, the small addition appears to have no additional impact. Swedberg noted this is a corner lot with an unusual lot configuration, topography that does not lend itself to other construction alternatives and the error when the house was built. For these reasons, Swedberg moved to approve the variance as requested. Second by Herb Polachek and upon vote carried. I I I I 1289 Board of Zoning Appeals Page 4 June 8, 1993 93-6-15 (Map 4) Residential 2611 Kyle Avenue Bruce & Jacqueline Wulff The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for .7 of a foot off the required 35 feet to a distance of 34.3 feet to the house as it now exists at its closest point; and for Section 11.21 Subd. 7 C(l) side setback, for 1.8 feet off the required 15 feet side setback to a distance of 13.2 feet to the house at its closest point from the south lot line. Purpose of the waiver is to correct existing non-conforming setbacks so a c onformi ng deck at the rear may be constructed. The petition was in order and consent obtained from adjacent properties. Bruce Wulff was present. No others were in attendance. Mr. Wulff explained when this house was bu i 1t 30 years ago it wasp 1 aced s 1 i ghtly in error. It is .7 of a foot off the required 35 feet from Kyle Avenue and 1.8 feet too close to the south lot 1 ine. There is a very small tool shed atthe rear and adjacent.to the north lot line that is 1.6 feet too close to the lot line. The extreme topography of the lot at the rear along with the substantial retaining walls leave little useab1e rear yard. To build a deck requires the variance because of the existing home's non-conforming condition. Mike Sell described the variance as more administrative than anything else. In his observation, the small tool shed (under 120 sq. ft.) did not requ.ire a building permit when built and because of the extreme topography there is no alternate location. At the close of discussion, Mike Sell moved to approve the variance for the existing house as on the agenda and for 1.6 feet off the required 5 feet from the north lot line to the existing tool shed and for 5 feet off the required 10 feet required from the rear of the house to the tool shed to a distance of 5 feet as it now exists. Sell noted the extreme topography of the lot and lack of any other alternatives. Second by Herb Polachek and upon vote carried. 93-6-16 (Map 1) Residential 2515 McNair Drive Douglas & Connie Marsh The petition is for waiver of Section; 11.90 Subd. 4(C)4 to provide for additional construction on a property where a previous waiver has been granted. Consent obtained from adjacent properties. No others were in attendance. The petition was in order. Douglas Marsh was present. 1.290 Board of Zoning Appeals Page 5 June 8, 1993 I Mr. Marsh explained his addition basically squares off the back of the house in I alignment with the existing rear of the attached garage that previously received a side setback waiver. The Board discussed the proposedconstructioh plans pre- sented. Mahlon Swedberg asked if a portion of the proposed addition is two-story Mr. Marsh said no. Mr~ Marsh said there is a'smiall loft as part Of alignment with the existing roof but no second story. At the close of discussion Herb Polachek moved to approve as on the agenda, second by Emilie Johnson and upon vote carried. 93-6-17 (Map 1) Residential 6823 Country Club Drive Robert & Liza Hanton The petition is for waiver of Section: front setback, for 15.9 feet off the required 35 feet from Jersey Avenue North, to a.distance of 19.1 feet to the house as it now exists at its closest point, and to the proposed 8 foot addition oh the north. . Secretary, Lloyd Becker, said Mr. Hanton called shortly before the meeting and . said he was called into work and could notattend. They have five children and his wife could not obtain a sitter on short notice. Mr. Hanton said, if at all possible, he would try to get back before the meeting ended. Chairman Smith suggested this item be moved to the end of the agenda. The Board concurred. 11.21 Subd. 7A I 93-6-18 (Map 5) Residential 4301 Legend Lane (vacant Tot) Steven Erickson 11'j Administrative Review of proposed construction plans for a residence where. a previous waiver had been granted conditioned and subject to final plans. being brought to the Board of Zoning Appeals for review and approval prior to issuance of a building permit. (Waiver granted and site plan approved December 8, 1992. ---- Secretary, Lloyd Becker, reviewed the Board1s previous actions regarding this. lot taken on December 8, 1992. This is an unusual lot of substantial size located at the end of Legend Lane. At the December meeting the Board established the set- backs required for the property subject to final review and approval by the Board of any construction plans when presented for a building permit. The previous owners have sold the lot to Mr. Roger Erickson who is conservator of the person and estate of his son, Steven Erickson. Present for the meeting representing Mr. Erickson were Donald Wiese, attorney, Michael Wiese, Attorney, John Rauma, Architect and designer of the proposed resi- I dence and Mr. Roger Erickson. Also present were adjacent property owners Steven Margan, 2250 Lee Avenue North, Dr. Larry Saliterman, 2240 Lee Avenue~ Mrs.'Mer-lln Lee, 4241 Legend Lane and several other unidentified persons. I I I 1291 Board of Zoning Appeals Page 6 June 8, 1993 Mr. Rauma presented a detailed site plan and described their approach to the design and size of the single-family residence proposed. A total of five (5) soil borings were taken at various points on the property. Perched wate~ was found in a boring at the sOuth end of the lot. Water was found at a depth of five (5) feet and soil consultants advi sed the archi tect not to.have a basement in that area of the house. Mr. Rauma said the design of the house was predicated on the needs of Mr. Steven Erickson. The house is all one level, approximately 3,000 square feet, designed throughout to facilitate the handicap. The handicap design requires more clearances and thus more space throughout. Mr. Steven Erickson requires full-time care and the design provides for a full-time attendant, plus possibly three (3) other handicap occupants as live-in companions for Steven. Mahlon Swedbetga.sked Mr. Rauma to define where the 839 contour elevation is on the site plan as it relates to the proposed home. The 839 contour line is approximately through the center of the home. It was estimated that the home would be thirty (30) feet beyond the limits established by the Board of Zoning Appeal s. Attorney, Donald Wiese, said the home complies with the established boundaries on three sides and they felt that the home exceeding the limits toward the north was not a problem. Mr. Wiese said the home is designed to meet Steven1s physical and psychological needs. After a long and careful search for a site, they found what they believe is the perfect site in this lot for a home that is close to family and friends, the Courage Center and other SIJpportsystems. The live-in companions are handicapped also. Not all may be physically handicapped but may have psycho- logical needs. Mahlon Swedberg asked are these proposed live-in companions friends of Steven Erickson. Mr. Wiese said no. They are individuals who will be placed in the home through an arrangement with Courage Center. They will be paying a modest rental toward costs. The companions may need some supervision but they could also assist Steven. Psychologists said it is extremely important for Steven to have people around him and activity going on. There will be a psychiatric consultant who will come in approximatelY four times a week in~addi- tion to the full time live-in supervisor attendant. Mr. Wiese again emphasized this is a not for profit rental of rooms to others. They will pay a moderate cost, but the intent is to have a family-type atmosphere for Steven. Mr. Wiese said their letter of May 24, 1993, as sU.bn1itted to the Board, clearly described what has been discussed as the needs of Steven and the necessity of the size and configuration of the home. With that letter, they had also attached signed responses of consent to the present proposal from four (4) adjacent pro- perty owners, Jane Michela, 4320 Golden Valley Road, Steven Stewart, 4320 Golden Valley Road, Wilko Schoenbohn, 5311 Bassett Creek Drive and Steven Guenther, 4400 Golden Valley Road. Chairman, Larry Smith, closed the discussion with the petitioners and opened the meeting to adjacent property owners who were present. Mrs. Merlin Lee, 4241 Legend Lane, said her property is the adjacent home on the east side of this lot. She said she was present at the December meeting and was satisfied with the setbacks established by the Board. 1.292 Board of Zoning Appeals Page 7 June 8, 1993 I The new proposal sUbstantially exceeds the limits to the north and are well to the front of their home. Mrs. Lee was concerned about traffic, the potential for exceeding the limit of five occupants in the home and that her existing deck and screen house would face directly to the garage and parking area of the proposed home. Steve Morgan, 2250 Lee Avenue, had a concern about the massive size of the proposed home and had the same concerns for occupants and traffic. Dr. Larry Saliterman, 2240 Lee Avenue, said when they built their home they complied with all code requirements and ordinances. Building the proposed home would seriOUSly impact their property. There seems to be a sense of multiple dwelling to this proposal and the thirty feet beyond the north limit is excessive. Chairman Smith called for any final comments. Mrs. Lee said the effect to her view may not seem significant but traffic certainly is. Hearing no other comments the Chair returned discussion to the Board. Mahlon Swedberg noted the site plan is based supposedly with consideration to the five soil borings, one with water at five (5) feet depth; however all the other I considerations described seem to sUbstantially dictate the size of the proposed house. Coul dn It additional soil bori ngs or corrective construct ion measures possibly provide for moving the house further south? . Couldnlt the house be. s omewhatredesi gned tol imit the substantial intrusion to the north? Swedberg said the Board had already granted variances and established setback limits for this lot in December, 1992, and the action here tonight was to review construction plans intended to meet the conditions establiShed in December. Mike Sell asked Mr. Donald Wiese what the chronology of their events leading to the purchase of the lot were they aware of the Board's action in December? Mr. Wiese said they had been looking at the possibilities of the lot before the owner went before the Board in December. They subsequently became aware of the Board's establishment of setbacks; however, they purchased the lot because it was the per- fect site, they could meet all setbacks except to the north and with this design as single-story with a substantial home they did not feel the north boundary of elevation 839 was a serious problem. They did not anticipate any neighbor con- cerns as have now arisen. Chairman Smith closed the discussion. Smith said the question is should the Board approve the plans as presented? Should the Board defer the proposal for further review? Should the Board deny the plans as proposed? Mike Sell said. the question of soil and water levels were not a consideration at the December Meeting as none of that information was provided. The deviation from 839 as proposed would require further substantiation of soil conditions for him to vote in favor of the P roposa 1. I I I I Board of Zoning Appeals Page 8 June 8, 1993 1293 Mahlon Swedberg said "it appears there's just too much building proposed for the area of the lot between the south property line and contour line 839 on the north". Swedberg moved to deny the plans as presented. Second by Mike Sell and upon vote carried. Four ayes and one nay, Johnson. Chairman Smith explained the appea 1 process to the City Council on any deni a 1. Attorney, Donald Wi ese, sai d rather than appeal, they would like to have the opportunity to further explore soil conditions and possibly design adjustments to the home and could the Board possibly defer rather than the outright denial. The Board discussed deferral at length, after which a consensus was reached to rescind the denial. Mike Sell moved to rescind the Board's action of denial noting there had not been any indication before the vote had been taken that the proponents wanted to further explore soil conditions and design. Mahlon Swedberg seconded the motion to rescind and upon vote carried unanimously. Herb Polachek moved to defer Board action on this proposal for up to 90 days to allow the proponents time to provide additional and alternate information. Second by Mike Sell and upon vote carried unanimously. 93-6-19 (Map 9) Institutional 1-3 5411 C i rcl e Down Lutheran Good Samaritan Society The petition is for waiver of Section: 11. 46 Subd. 8 rear setback, for 43 feet off the required rear setback to a distance of 7 feet from the south lot line to the proposed kitchen addition and walk-in cooler. (Present building exists at this setback dimension.) The petition was in order; however, the signatures of the adjacent property owners, which were going to be submitted as a supplement, had not been received. Mr. David Messick, Administrator, was present. No adjacent property owners were in atten- dance. Mr. Messick said Good Samaritan had recently purchased the home. They had been looking at expansion of some other areas but site constraints prohibited that. The present small kitchen addition is on the south side adjacent to the Rupert's parking lot. Lloyd Becker noted the building, when built, was granted a variance by the City Council to the present setback from the south lot line. The proposed addition aligns with the existing setback. Mr. Messick said they had contacted the adjacent neighbors and they do have their consent. It appears a mix-up of who was going to submit the signatures. Lloyd Becker said notice had been sent by the City to all adjacent properties. Mahlon Swedberg moved to approve the variance as requested noting the previous waiver for the established setback on the south lot line and the minor addition is to upgrade to meet sanitation health requirements. Second by Herb Polachek and upon vote carried. ~294 Board of Zoning Appeals Page 9 June 8, 1993 I Mr. Hanton, the petitioner for 6930 Country Club Drive had arrived at 10:00 P.M. Chairman Smith said this item had been moved to the end of the agenda and Mr. Hanton is next. 93-6-17 (Map 1) Residential 6823 Country Club Drive Robert & Liza Hanton The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for 15.9 feet off the required 35 feet from Jersey Avenue North, to a distance of 19.1 feet to the house as it now exists at its closest point, and to the proposed 8 foot addition on the north. Mr. Hanton described his lot as fronting on two sides, Country Club Drive and Jersey Avenue. His lot is part of a three-parcel re-arrangement. The lot has 60 foot frontage on Country Club Drive and 321 feet along Jersey. The existing home is at the rear of the lot 218 feet back from Country Club Drive. The house does I face Country Club Drive. The proposed room addition and deck at the front align with the existing house. The deck at the rear fully conforms. This property had previously received a waiver along the Jersey Avenue side for the house as it now exists at 19.5 feet and for a detached garage at the same set- back. The proposed new construction is all within parameters of the previous approval. Mike Sell moved to approve the waiver as on the agenda, second by Emilie Johnson and upon vote carried. no further business to come before the Board, it was upon motion, vote to adjourn at 10:40 P.M. I