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04-12-94 BZA Minutes 1.321. MI NUTES OF A REGutAR MEETING OF THE' GOLDEN VALLEY BOARD OF ZONING APPEALS I April 12, 1994 The regular meeting of the Golden Valley Boardof Z'oflihg Appeals was henr Tuesday, APril 12, 199'4 at 7: 30 PM in the Council Conference Room, City Hall.~ 7800 Golden- Va' ley Road" Gol den Va 11 ey'~ Mihilesota:' ':' " :" -, ""' "" .... No """-",_r ..,N ~" The following'Board'members were present: Chairman larr,fSmith, Eri1fl1e- Johnson, Herb Polachek, Mike Sell, and Mahlon Swedberg'. 'Also preseiltwas Mark Grimes, Staff Liaison. I. Approval of Minutes - March 8t 1994 ~ n"'.;j" :::.:r:; -, "~',...E- .&~" "'...--:; ~+-~-"-'-' : ::......' ,~ t _.. f .r ~ MOVED by Sell, seconded by Johnson and motion fa::1e~~u~animously to ~Rprove the March 8, 1994 mi nutes as submitted.'1 , ,~ -,# .- '" ..., II. El~ctibn-of Chairperson ,~J ....... Chairperson Smith noted that according to the By-Laws of the BZA, a new chair is elected at the April meeting of the BZA each year. Chair Smith relinquished the chair to Staff Liaison, Mark Grimes. Mr. Grimes opened the floor for nominations. I MOVED by Swedberg, seconded by Polachek to nominate Mike Sell for Chairperson. Mark Grimes asked two more times for nominees: Hearirig none, the nominations were closed. The motion to elect Mike Sell as Chairperson of the BZA ~~s approved by acclamation. 0 III. 801 Meadow Lane'Sooth (94-4-3) Dexter and Mary Marston Request: The p~tition is for waiver of ' Section 11.90 (C)(4) w~ic~ "states that any subsequent addition t6'a legally non- ' conforming use shall require a new variance Pu rpose : To-construct a deck ontofhe rear of their home The petition was in order and consent obtained from djacent property owners. Dexter Marston was present to explain the waiver request. No other p.e.r~ons interested in thi s request were i n attendanG~.:: S.t;.~ff.:r.i:~i:son ,.Mark 7G~i,mes, provided a staff report. The purpose of the waiver -1-'3 :t1y allow 'a ded~"to be built on the east side of the home. The proposed deck meets all setback requirem~nts. However, the BZA issued aj"earyardsetbac,k variance to this house frr 1988tO'constrt)ct "a' 'garage arid houseaddit i'on 'int'o the rear setback. When this variance was issued, the structures with the'ri'ew addition became legally non-conforming. Any future additions to the house would require a new variance eveni f theaddit ions are conforming. . . , ,J I MOVED by Smith, seconded by Johnson and motion carried unanimously to approve the petition for waiver of Section 11.90 (C)(4) which states that any subse- quent addition to a legally non-conforming use shall require a new variance. 1322 Minutes of the Board of Zoning Appeals April 12, 1994 Page Two After the vote, Mr. Marston stated that he felt the requirement for a new variance for a deck that meets all setback requirements is not justified. He feels that the literal interpretation of the code require any improvement to non-conforming structures need a variance, including interior remodeling. Chairman Sell suggested that Mr. Marston write a letter to the City Manager explaining his position. I 108 Ottawa Avenue South (94-4-4) Richard and Audrey D. Martin Request: The petition is for waiver of Section 11.21 Subd. 7(A) which requires that all building ve a 35 foot setback from a street or road right-of-way -- variance is for 9.3 feet from TH 100 right-of-way Purpose: Build a 4-season room (16Ix20') which presently has a roof over the area The petition was in order and consent obtained from adjacent property owners. Richard Martin and his contractor were present to explain the waiver request. No other persons interested in this request were in attendance. Staff liaison, Mark Grimes, provided a staff report indicating that because the rear of the yard is adjacent to TH 100 right-of-way, a 35 foot setback is required. The proposed addition is to be built over an existing screened porch area so the proposed structure will be no closer than the existing-porch. I Member Swedberg stated that this is a unique property due to its size, topo- graphy and being adjacent to TH 100. The proposed addition is quite a distance from any adjacent house. MOVED by Polachek, seconded by Smith and motion carried unanimously to approve the setback variance of 9.3 feet from the TH 100 right-of-way. noting the unique characteristics of the lot. 4121 Beverly Avenue (94-4-5) Lloyd and Gay Jafvert Request: The petition is for waiver of Section 11.21 Subd. 7(B) rear setback for 9.5 feet off the required 22 feet along the rear setback Purpose: Tear off existing carport and deck, remove shed, remodel existing home and add a new two-car garage with a second floor living space I 1323 I Minutes of the Board of loning Appeals April 12, 1994 Page Three ;.j .",' ~;..,;I' The petition was~i n order.. ,and consent 'ObtaJined ;fromadja-cent property owners. Lloyd and GaYiJafvertwere present to explain the request along with Mr. Jafvert1s neighbor. No other persons interested in this item were in atten- dance. Staff liaison, Mark Grimes, provided a staff report. Mr. Jafvert exp1ained"that ,he. lives across the alley from th:i,s ,house and wants to improve it by adding a., garage. and :some living space above the 'gara'ge. He is concerned about improving this home because he views it from his house. Since the lot is small (40 feet wide) there is no room to build a garage on the lot without a setback variance. Mr. Jafvert is an archi1:e~:t9Jld.'h~t, w9uld do alLtherlesign and much of his own construction work. Mr. Jafvert sai d that in the future, he mi ght consi der buying the homesadj'a',,,,u cent to the 4121 Beverly Avenue house to further improve the area by consoli- dating lots and structures. MOVED by Swedberg, seconded by Pol acheck to approve,the rear yard setlYack vari ance to a 11 ow a garage with above 1 i vi ng space_t,P::':b~: ~'dded to 4121'_iB€&erly Avenue because this is the only opportunity for garage 'construction on the property. Motion, carried unanimously. , i IV. Review of alA By-Laws ~ J P I Staff liaison Mark Grimes presented revised'By-law'$ to the BlA stating that there were no substantial changes other than the meeting start time of 7:30 PM to 7 PM. The changes were to make the By-Laws easier to read and understand. MOVED by Smith ,,,seconded,, by. Polachek and mot'ion carried unanimously to approve the revised By-Laws as submitted. V. New Business Ii The BlA members were concerned that the City Council had 'not yet reappointed them for the year 1994. - MOVED by Swedberg, seconded by Smith and motion carried unanimously that action of the alA is subject to the reappointment of the BlAmembers by the City -' Council. VI. Adjournment The meeting was adjourned by Chair Sell at 8:30 PM. -. ..,..! ,J, I ~.~. Mike Sell, Chai r ;;PJ;;~'~::C Mark Grimes, St'aff Liaison , ...' I