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09-14-93 BZA Minutes 1.308 MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF lONINGAPPEAtS I September 14, 1993 The regular meeting of the Golden Valley Board of Zoning Appeals was ~e}d Tuesday, September 14, 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 Linda McCracken-Hunt, alternate Absent by prior arrangement, Mah10n Swedberg, Herb Polachek and Mike Sell. The first order of business was approval of the minutes of a regular meeting held August 10, 1993, copies of which had previously been distributed to the Board. Emilie Johnson moved to approve the minutes as written and pre- sented. Second by Linda McCracken-Hunt and upon vote carried. 93-9-32 (Map 20) Residential 1325 Zealand Avenue North Monte and Kelly Lawrence The petition is for waiver of Section: 11.21 Subd. 7 C (3) side setback, for 1.3 feet off the required 5 feet from the north lot line to a distance of 3.7 feet as the house now exists at its closest point, and for Section: I for .6 of a foot off the required 5 feet from the south lot line to the detached garage as it now exists at 4.4 feet at its closest point. The petition was in order and consent obtained from adjacent properties. Mr. and Mrs. Lawrence were present. No others were in attendance. Acting Secretary, Gary Johnson, provided a staff review. The existing house was built in 1959 and does not meet the side setback to the north. The pro- posed addition meets all required setbacks. When the survey was done for this waiver, it was found that the existing detached garage, built in 1982, also does not meet side setback to the south. 11.21 Subd. 12 A Linda McCracken-Hunt stated that this appeared to be a case where prevlous contractors errored slightly in locating the house and garage. Monte Lawrence came forward and explained his proposed addition to the Board. Linda McCracken-Hunt stated that this case is pretty straight for- ward and a matter of housekeeping. Emilie Johnson agreed. Linda McCracken- Hunt moved approval as on the agenda, second by Emilie Johnson and upon I vote carried. I I I 1309 Board of Zoning Appeals Page 2 September 14, 1993 93-9-33 (Map 12) Residential 217 Cutacross Road Terry & Julie Zuehlke The petition is for waiver of Section: rear ~etback, for 4 feet off the required 29 feet from the rear lot line to a distance of 25 feet to the proposed ground level deck at its closest point. The petition was in order and consent obtained from adjacent properties. Julie Zuehlke was present. No others were in attendance. Mrs. Zuehlke came forward and explained the proposed deck to the Board. The proposed deck is only one step high and is to fill an area between the house and an existing two-tier garden. This will help in drainage. 11.21 Subd. 7 B Linda McCracken-Hunt asked whether or not there would be a guardrail. Mrs. Zuehlke answered no. Linda McCracken-Hunt said that without a railing and only being one step up that the deck could be considered more of a landscaping element. It would have minimal impact and would provide a better surface in this muddy area. Emilie Johnson agreed and moved to approve the waiver as on the agenda, second by Linda McCracken-Hunt and upon vote carried. 93-9-34 (Map 1) Residential 2412 Parkview Blvd. Paul E. Beneke The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for 20.4 feet off the required 35 feet from Terrace Lane, to a distance of 14.6 feet to the proposed deck from Terrace Lane, and for Section 11.21 Subd. 7 C (2) side setback, for 6.2 feet off the required 11.2 feet from the north lot line to a distance of 5.0 feet to the house as it now exists at its closest point, and for Section 11.21 Subd. 12 A to allow a connecting deck from the home to a detached accessory structure (garage). The petition was in order and consent obtained from adjacent properties. Paul Beneke was present. No others were in attendance. Acting Secretary, Gary Johnson, provided a staff review. Existing house was built in the 40.s and it encroaches into the north side setback. The proposed deck would encroach into the south front setback and would connect to the existing detached garage to the east. 1310 Board of Zoning Appeals Page 3 September 14, 1993 Larry Smith explained that if the deck is attached to the garage, then the garage becomes part of the main structure with its requirements. He asked if the garage wall would need to be treated as a separation wall. Linda McCracken-Hunt pointed out that as proposed the deck only touches at a point with no common walls. I Paul Beneke came forward and described the proposed deck to the Board. Linda McCracken-Hunt asked if Mr. Beneke considered any other location for his deck. Mr. Beneke explained that the deck was going to replace an existing stoop. Larry Smith discussed protecting the front setback and the reasons for pro- tecting it. Linda McCracken-Hunt asked if a guardrail would be required because of her concern with its greater impact visually. Mr. Beneke responded that his deck needed a guardrail. Emilie Johnson asked Mr. Beneke if he considered building the deck between the house and garage with only a small walkway in the setback. Mr. Beneke said that he considered in the future putting a patio between the house and the garage. Larry Smith said he thought that the wrap around deck idea would be more accep- table. After discussing width of walkway, a 61 width was suggested. A discussion followed on the two front yard hardship and possible design changes which would I. have less impact on the front yard setback. Linda McCracken-Hunt suggested Mr. Beneke either redesign his deck for less of a waiver or the Board could act on what was presented tonight. Larry Smith agreed and asked Mr. Beneke if he would be willing to withdraw his waiver and come back next month with a new plan. Mr. Beneke stated he would rather go with the walkway to a deck between the house and garage and a lesser waiver than wait until next month. A width of 6 feet was agreed upon as adequate for a walkway. Emilie Johnson moved to approve the waiver of 11.21 Subd. 7 A front setback, for 11.0 feet off the required 35 feet from Terrace Lane, to a distance of 24.0 feet to the proposed deck from Terrace Lane, and to approve 11.21 Subd. 7 C (2) and 11.21 Subd. 12 A as on the agenda. Second by Linda McCracken-Hunt and upon vote carried. 93-9-35 (Map 8) Residential 4011 Roanoke Circle Kendall Betts The petition is for waiver of Section: 11.21 Subd. 7 B rear setback, for 8.7 feet off the required ~ feet from the rear lot line to a distance of 17 feet from the rear lot line to the existing I solarium which is proposed for replacement. I I I 1311 Board of Zoning Appeals Page 4 September 14, 1993 The petition was in order, consent obtained from adjacent properties. Mr. Betts was present along with Mr. Curtis from Patio Enclosures. No others were in attendance. Emilie Johnson explained that the waiver was for a proposed solarium which is replacing an existing solarium. The existing solarium was non-conforming and built without a permit. The proposed solarium is on the exact location as the existing. Linda McCracken-Hunt pointed out the location of the existing solarium is well hidden from view. Mr. Betts gave a brief history of the solarium as he under- stood it. Mr. Curtis explained that they wanted to replace the existing with a new solarium size for size. He then went on to explain the look of the new solarium and provided pictures. Linda McCracken-Hunt expressed that this would be rectifying an existing non-conforming condition. Also, the solarium is tucked away and would have very little visual impact. Emilie Johnson agreed. Larry Smith saw little impact on neighbors and the improvement of an existing condition. Emilie Johnson said it is administrative in nature in order to correct an existing condition. Emilie Johnson moved for approval as on the agenda, second by Linda McCracken-Hunt and upon vote carried. 93-9-36 (Map 19) Residential 2245 AquTla North Terry & Kelly Solberg The petition is for waiver of Section: 11.21 Subd. 7 A front setback, for 5.8 feet off the required 35 feet from Aquila Avenue to a distance of 29.2 feet to the proposed garage addition at its closest point. The petition was in order and consent obtained from adjacent properties. Mr. and Mrs. Solberg were present. No others were in attendance. Acting Secretary, Gary Johnson, reviewed this proposal for the Board. The peti- tion involves enlarging a two-car garage into a three-car garage thus encroaching into the front setback along Aquila. The proposed addition would somewhat line up with the neighbor to the south but that neighbor also is non-conforming and has not received a waiver. Emilie Johnson explained that this is again a corner lot with two front setbacks. Linda McCracken-Hunt said that the house and driveway are oriented to the north not toward Aquila. Mr. and Mrs. Solberg explained their proposal and presented photos of their house. Mr. Solberg explained that part of the garage is their entry way and that 10 feet is the minimum for a garage stall addition. He also explained what the outside of the addition would look like. He could use existing lines for the addition. 1312 Board of Zoning Appeals Page 5 September 14, 1993 Mr. Solberg explained that he looked at going out north with the addition but it I could create entry ice build-up problems. He also discussed a perceived error on the setbacks shown on the survey. Linda McCracken-Hunt said that the neighbor projects out into setback, the proposed addition would project the same distance. Larry Smith said that visually the addition would not stand out any further than the neighbor and there is still a lot of green space to the curb. Linda McCracken-Hunt moved to approve the waiver as on the agenda, second by Emilie Johnson and upon vote carried. 93-9-37 (Map 16) Residential 1005 Pennsylvania Avenue North Clinton & Helen Lomis The petition is for waiver of Section: front setback, for 10.8 feet off the required 35 feet from Faribault Street to a distance of 24.2 feet to the proposed garage addition at its clo- sest point. The petition was in order and consent obtained from adjacent properties. Clinton Lomis was present. No others were in attendance. 11.21 Subd. 7 A Linda McCracken-Hunt explained that the existing garage is a tandem garage with garage doors on each end. The proposed addition is another tandem situation which would encroach into the front setback. I Mr. Lomis explained that the front half of the existing tandem is used for his car and the back half is his workshop. He plans on using the entire addition for his workshop. He further explained that his neighbor to the east is Golden Valley Golf Course and to the south is railroad tracks and Calvary Daycare. To the west will be no closer than existing and there is no impact with the neighbor to the north. Fairbault is a dead end to only five houses for traffic. Aestheti- cally, the new higher sloped gable roof will improve the look of the house. There are no objections from any neighbor who would be affected. The south side is well landscaped with evergreens, etc. so the impact aestheti- cally is minimal. Linda McCracken-Hunt explained the corner two setback situations. Because of the dead-end street and railroad tracks to the south, it appears more like a driveway and side yard. She questioned how the addition would be used. Mr. Lomis said it would be used as a shop but could be used in the future as a garage. It will have one new garage door. After discussion of garage access, Emilie Johnson moved to approve the waiver as on the agenda, second by Linda McCracken-Hunt and upon vote carried. I I I I 1313 Board of Zoning Appeals Page 6 September 14, 1993 93-9-38 (Map 19) Radio 2510 Mendelssohn Avenue North U. S. West The petition is for waiver of Section: 11.40 Subd. 5 Radio Zoning Code, for 5.5 feet off the required 20 feet from the north lot line to a proposed distance of 14.5 feet to a new radio tower at its closest point. Mr. Bernie Wong was present. No others were in attendance. Acting Secretary, Gary Johnson, provided a staff review. The proposal is for removing an existing 150 foot high radio tower and replacing it with a new 200 foot high tower. Because of existing underground cables, the choice of location is 1 imited. Mr. Wong explained that the base of the new tower will be wider than the existing tower. The tower is used for cellular phones and emergency services. Linda McCracken-Hunt said because of lot location she couldn't see how this could have any more impact than what is existing. This is an area surrounded by a commer- cial area. Emilie Johnson said the existing tower has little impact on the neighborhood because of commercial surroundings. Mr. Wong discussed the cellular phone technology and its needs for expansion. There are now 70 towers in the Twin Cities. Emilie Johnson moved to approve the waiver as on the agenda, second by Linda McCracken-Hunt and upon vote carried. There being no further business to come before the Board, it was upon motion, second, d vote to adjourn at 9:00 P.M.