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08-10-93 BZA Minutes 1304 MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS August 10, 1993 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, August 10, 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 Herb Polachek Emilie Johnson Mahlon Swedberg Mike Sell Lloyd Becker, Secretary/Staff Liaison The first order of business was approval of the minutes of a regular meeting held July 13, 1993, and a special meeting held Tuesday, July 27, 1993, copies of which had previously been distributed to the Board. Herb Polachek moved to approve the minutes of the regular meeting held Tuesday, July 13, 1993, second by Mike Sell and upon vote carried. Mahlon Swedberg moved to approve the minutes of a special meeting held Tuesday, July 27, 1993, second by Mike Sell and upon vote carried. 93-8-27 (Map 7) Residential 924 Adeline Lane North . Jane McDonald Black The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for 18.3 feet off the required 35 feet from Adeline Lane to a distance of 16.75 feet to the proposed foyer addition from Adeline Lane cul de sac at its closest point, and for Section: 11.65 Subd. 5 A Shoreland Ordinance, for 26.8 feet off the required 75 foot setback from the ordinary high water mark to a distance of 48.21 feet to the proposed deck at its closest point. The petition was in order and consent obtained from adjacent properties. Mr. and Mrs. Black were present. Also present were representatives of Peterson Design Build Inc., contractor for the proposed deck and addition. I I Secretary, Lloyd Becker, reviewed the City's Shoreland Ordinance, the review of the proposed construction by DNR Staff Ceil Strauss and the previous Golden Valley City Council's approval in 1961 of a 20 foot front setback from Adeline I. Lane for this lot and several others in this subdivision. I I I 1.305 Board of Zoning Appeals Page 2 August 10, 1993 The City.s Shore1and Ordinance requires a 75 foot setback from the mean high water mark on Sweeney Lake. Because most of the development on the.1ake occurred well before the Shore1and Ordinance was adopted, the DNR has considered a 50 foot setback as a reasonable measure from the mean high water mark. The DNR also stated the present water level is about the highest of record and the mean average may be several feet out from the current water mark on the survey done for the B1ack.s in July, 1993. Lloyd Becker noted only a corner of the proposed deck and related construction on the lake side is less than 50 feet. That corner is at 48! feet at the closest point. This home is on a cu1 de sac and only a corner of the foyer fronting Adeline Lane is less than the 20 feet established as setback in 1961. The majority meets or exceeds the 20 feet requi rement. Mr. and Mrs. Black described their proposed construction. Mr. Black noted the existing home adjacent to them on the north is at 23 feet from the existing high water mark. The City of Golden Valley owns the adjacent parcel on the south. The Board reviewed the plans and photos provided with the petition. The contractor provided additional pictures including adjacent properties. At the close of discussion, Chairman Smith asked if any adjacent neighbors had any comments. There were none. Mike Sell moved to approve the waivers as on the agenda, noting the previous Council approval of a 20 foot setback from Adeline Lane, the review of the proposal by the DNR and the extreme topography of this and adjacent properties. Second by Herb Polachek and upon vote carried. Secretary, Lloyd Becker noted the DNR will be provided a copy of the minutes for t his pet it ion. 93-8-28 (Map 5) Residential 4301 Legend Lane (vacant lot) Steven Erickson Continued administrative review of proposed plans for residential dwelling where previous setbacks had been established by the City Board of Zoning Appeals. Secretary, Lloyd Becker, described the new information that had been submitted following the Board.s decision in June to defer action at that time to allow the proponent the opportunity to revise the plans and do further soil testing. Present for the meeting were Donald Weise, attorney representing Steven Erickson, Michael Weise, attorney, Mr. John Rauma, architect for the proposed home, and Roger Erickson. Mr. Donald Weise described the substantial reduction in the size of the structure and the manner that it had been repositioned on the lot. Mr. Weise noted this lot is approximately 400 feet in length; however, considering the flood plain and setbacks required less than half is useab1e. 1306 Board of Zoning Appeals Page 3 August 10, 1993 The street ends at the edge of this lot. The adjacent homes are set back further than 35 feet and direct alignment with the adjacent properties is difficult. Further soil tests show additional perched water in the area of the proposed dwelling and substantial costs will be incurred to address that problem. Mr. Wei se closed by sayi ng they feel they have done all they can to provi de for a dwelling suitable to the constraints of the lot and soil conditions identified. Architect, John Rauma, presented the revised site plans and elevations and reviewed the comparison with those previously presented. Chairman Smith asked what the construction schedule is if this plan is approved. Mr. Rauma said as soon as possible, as three months have passed since they first came before the Board. Mahlon Swedberg said the proponents have worked in good faith to meet the criteria set down by the Board. They can't build further south on the lot because of soil conditions and if the Legend Lane alignment were extended into this lot, the proposed home would be about 38 feet back from that extension. Basically, it now meets the 839 contour line on the survey. Chairman Smith closed the discussion and asked if anyone in the audience had any comments on this proposal. Mrs. Merlin Lee, 4241 Legend Lane, expressed her concern about this residence as a care facility. There being no further comments, Chairman Smith called for a motion on the plans as presented. Mahlon Swedberg moved approval, second by Mike Sell and upon vote carried unanimously. The site plan establishing the location and footprint of the proposed dwelling was designated "Exhibit A" for the record and was signed and dated by Chairman Larry Smith, and by Mr. Donald Weise, legal counsel for the proponent. 93-8-29 (Map 11) Residential 6045 St. Croix Avenue North Jeff Clay The petition is for waiver of Section: 11.90 Subd. 2 (non-conforming uses or structures) to allow for a small kitchen addition to an existing non- conforming land parcel. I I The petition was in order. Consent obtained from adjacent properties. Mr. and Mrs. Clay were present. No others were in attendance. Secretary Lloyd Becker provided a staff review. This is a large triangular shaped lot. At the present time there are two dwellings on the site. The secondary dwelling is only 500 sq. feet and, at the present time, not occupied. Mr. and Mrs. Clay purchased the property a short time ago. The City Code prohibits two dwelling structures on one parcel of land. The proponents had discussed the possibility with the Planning Department of subdividing the property. However, with the location of the smaller structure and the lot configuration, this was not possible. The Clays do not plan to rent the small structure. One possibility is to use it as a guest house when relatives visit. Mr. and Mrs. Clay explained their proposed kitchen addition on the principal home .1 area now occupy. At the present time, there is basically no kitchen just a small area for appliances and a sink. I I I ~307 Board of Zoning Appeals Page 4 August 10, 1993 The proposed addition is 12 x 10 feet and would provide for expansion of the kitchen in conjunction with overall remodeling. The main house conforms to all setbacks as well as the proposed addition. Mike Sell moved to approve the waiver as on the agenda, noting the unusual lot configuration. The main house and addition conform and the waiver is more administrative in nature than anything else. Second by Emilie Johnson and upon vote carried. 93-8-30 (Map 11) Residential 6121 St. Croix Avenue No~ Joseph and Jillann Larson The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for 1.9 feet off the required 35 feet from St. Croix Avenue to a distance of 33.1 feet to the house as it now exists at its closest point. The petition was in order and consent obtained from adjacent properties. Mr. and Mrs. Larson were present. No others were in attendance. Mr. Larson said their pro- posed deck at the rear conforms to the setbacks; however, when a survey was done, it was found their existing home was slightly off on front setback from St. Croix Avenue. Their lot is of triangular shape with approximately 200 feet on the long side facing St. Croix Avenue. The Board reviewed the survey and the area of the proposed deck. Herb Polachek noted this waiver is administrative to correct an existing minor error when the home was built. Herb Polachek moved to approve the waiver as on the agenda, second by Emilie Johnson and upon vote carried. 93-8-31 (Map 20) Residential 1825 Aquila Avenue North Valerie and Gregory Gruber The petition is for waiver of Section: 11.21 Subd. 7 A front setback for 2.8 feet off the required 35 feet from Aquila Avenue to a proposed distance of 32.2 feet to the proposed entrance foyer. The petition was in order and consent obtained from adjacent properties. Mr. Gruber was present. No others were in attendance. Mr. Gruber described his proposal. There is a conforming addition and deck at the rear. The home presently is 38i feet from Aquila. The proposed foyer is 6 feet in depth and at its closest point 321 feet from Aquila. It basically encloses what is now the front steps. To provide for door swings and clearance to enter, a 6 foot depth is required. After review of the overall plans, Emilie Johnson moved approval as on the agenda, second by Herb Polachek and upon vote carried. There being no further business to come before the Board, it was upon motion, second, nd vote to adjourn at 8:50 P.M. ~~~-