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07-13-93 BZA Minutes I I I ~~s MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS July 13, 1993 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, July 13, 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, Larry Smith Emilie Johnson Mike Sell Mahlon Swedberg Linda McCracken-Hunt (alternate) Absent by prior arrangement, Herb Polachek The first order of business was approval of the minutes of a regular meeting held June 8, 1993, copies of which had previously been distributed to the Board. Mahlon Swedberg asked to have the minutes regarding Item 93-6-18 - 4301 Legend Lane be amended to read "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". The Board concurred with the proposed amendment and Emilie Johnson moved to approve the minutes of the regular meeting held June 8, 1993, as amended, second by Mike Sell and upon vote carried unanimously. 93-7-20 (Map 6) Residential 5308 St. Croix Avenue North Patrick J. Lilja The petition is for waiver of Section: 11.21 Subd. 7 C(l) side setback, for .3 of afoot off the required 15 feet from the west lot line 'to a distance of 14.69 feet to the house as it now exists at its closest point. (Purpose of the waiver is to correct the existing non-conforming status so a fully conforming addition at the rear may be constructed). The petition was in order. Consent obtained from adjacent properties. Mr. Lilja was present. No others were in attendance. The Board reviewed the proposed deck at the rear which fully conforms. Mike Sell noted the very minor setback error of about 3 inches off the required 15 feet from the west lot line as the house exists. This is typical of many slight errors when the subdivisions were developed. Sell described the waiver as adminis- trative and moved approval as on the agenda. Second by Emilie Johnson and upon vote carried. 1296 Board of Zoning Appeals Page 2 July 13, 1993 I 93~7-21 (Map 4) Residential 2610 Noble Avenue North Michael Stuart The petition is for waiver of Section: 11.21 Subd. 7 C(I) side setback, for 3.1 feet off the required 15 feet from the north lot line to a distance of 11.9 feet to the proposed garage addition at its closest point from the lot line. The petition was in order and consent obtained from adjacent properties. Mr. Stuart was present. No others were in attendance. Mr. Stuart described his existing house as two-level with a tuck-under garage. The lower level has a very small living area and the present garage do~s not provide for any storage space for lawn equipment or work space. The pre- sent garage is 12 feet wide. The proposed addition is 17 feet wide for a total of 29 feet. The existing garage wall will remain and deducting for that width plus new construction walls would reduce the inside width by about 3 feet. Mahlon Swedberg said the setback could be met by reducing the proposed garage by 3 feet. Mr. Stuart said he would have proposed a wider garage addition, but in consideration for his neighbor he designed to what he thought was the minimum width functional for his use; Mr. Stuart noted the topography of the lot at the rear and sides prohibits any detached garage as the terrain rises rapidly. The Board discussed at length the construction characteristics, options for reducing the width and the alternative of another storage shed on the site. At the close of discussion, Mahlon Swedberg moved approval of the waiver as requested. Second by Mike Sell and upon vote carried (4) four ayes (1) nay, McCracken-Hunt. I ~3-7-22_(Map 10) Residential 4430 Douglas Avenue South Francis & Janet Walker The petition is for waiver of Section: 11.21 Subd. 7 C(2) side setback, for 1.7 feet off the required 12 feet from the west lot line to a distance of 10.3 feet to the proposed garage addition at its closest point from the lot line. The petition was in order. Consent obtained from adjacent properties. Mr. and Mrs. Walker were present. No others were in attendance. Mr. Walker said the addition for the garage is on the east side. The setbacks on both sides are between 15.9 feet and 15.6 feet. The difference from the east lot line would be slightly different than on the agenda. I I I I 1297 Board of Zoning Appeals Page 3 July 13, 1993 The Board discussed the proposed addition with Mr. Walker and confirmed the exact location of the addition. Mike Sell noted the proposed addition is the minimum width for a two-car garage and the lot at 80 foot width only requires a 12 foot side setback. At the close of discussion, Mike Sell moved to approve a waiverpf two (2) feet off the required 12 feet from the east lot line to a dist,ance of 10 feet from the east lot line to the proposed addition at its closest point. Second by Linda McCracken-Hunt and upon vote carried. Secretary, Lloyd Becker, said he would copy the minutes to the adjacent property owners. 93-7-23 (Map 11) Residential 5900 Wolfberry Lane Ell i ott F. Royce The petition is for waiver of Section: 11.90 Subd. 4(C)4 to provide for additional conforming construction of a deck on a property where a previous waiver h ad been granted. The petition was in order and consent obtained from adjacent properties. Mr. Royce was present. No adjacent owners were present. Secretary, Lloyd Becker, said Mr. Royce was before the Board in 1992 to correct a front setback. That waiver was granted. The proposed deck con- forms to the required setback. Mahlon Swedberg moved to approve the construction of the deck and Swedberg noted this is an administrative matter addressing a property where a waiver had previously been granted. Second by Emilie Johnson and upon vote carried. 93-7-24 (Map 8) Residential 4013 Roanoke Circle Andy O. Connell The petition is for waiver of Section: 11.21 Subd. 7 (C) 1 side setback, for 6.5 feet off the required 15 feet from the west lot line to a distance of 8.5 feet to the proposed garage addition. The petition was in order. Consent obtained from adjacent property owners except for one who was "never avail able". Mr. Joe Grecul a of Greco Construction was present representing the property owners. No others ~ere in attendance. 1.298 Board of Zoning Appeals Page 4 July 13, 1993 I Mr. Grecula described the proposed garage in detail. The addition proposed would provide for a third garage stall. The existing home is q split~entry and at the present time there is no room for storage. Mahlon Swedberg noted the existing garage is 24 feet wide and appeared adequate. Aft~l7, ,." careful consideration of the potential effects of the waiver, if granted as proposed and other possible alternatives, Mahlon Swedberg moved to deny the waiver as requested. Second by Mike Sell and carri,ed unanimoUSly. Chairman Smith described the appeal process to the City Council available upon denial. 93-7-25 (Map 7) I ndustri al 4600 Olson Highway Martha Gabbert The petition is for waiver of Section: 11.90 Subd. 4 (C)4 to provide for additional conforming construction on a property where a previous waiver has been granted. The petition was in order. Consent was obtained from the only adjacent property owner. Martha Gabbert and the contractor for the proposed addi- tion were present. No others were in attendance. I Secretary, Ll oyd Becker, sai d thi s property was before the Boar,dbecause of the administrative requirement where a previous waiver had ,he,en granted for a connecting link between the two properties 4600 and 4650 Olson Highway. Mahlon Swedberg said he had a question regarding the parking con- figuration which appeared to be shared between the two properties. Secretary, Lloyd Becker, said the Gabbert properties had presented the parking site plan to the City Council at its last meting and received Council approval in accordance with the provisions of Section 11.70 Subd. 2, of the City parking code subject to the filing and recording qf a cross parking agreement between both properties. Mahlon Swedberg said he would feel more comfortable if the properties were combined. Martha Gabbert said this is their intent. At the present time, the two properties are financed by separate agencies and they are working on a new plan that would provide for combining the properties under a new financial arrangement. While they could not provide a definite date at this time, it would be in the near future. Mahlon Swedberg said that initially he had concerns with the parking; however, with the cross-parking approval by the City Council, that is no longer a concern. MahlO.n Swedberg moved to approve the additional construction to a site where a previous waiver had been granted. Second by Mike Sell and upon vote carried. I I I I 1299 Board of Zoning Appeals Page 5 July 13, 1993 93-7-26 (Map 5) Residential 2000 Ordway James E. Vl asic The petition is for waiver of Section: 11.21 Subd. 7 C (1) side setback for 8 feet off the required 15 feet from the south lot line to a distance of 7 feet to the proposed deck at its closest point. The petition was in order and consent obtained from adjacent properties. Mr. Vlasic was present. No others were in attendance. Secretary, Lloyd Becker, described a previous waiver granted in 1979 for a room addition. This proposed deck is set in further than the room addition; however, it does require a variance of side setback. The existing home is placed at an angle on the lot and any construction toward the rear and adja- cent to the south lot line, progressively runs into the side setback. Mr. Vlasic described his proposed deck. He noted it is only 22 inches off the ground, is not directly connected to the house, requires no side railings because it is less than 30 inches off the ground and not very visible. Mike Sell noted some communities do not apply setback requirements on decks less than 30 inches in height. Mike Sell moved to approve the waiver as requested. Second by Linda McCracken-Hunt and upon vote carried. ng no further business to come before the Board, it was upon motion, and vote to adjourn at 8:45 P.M. rlbti? ~