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05-10-94 BZA Minutes 1324 MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS May 10, 1994 I The regular meeting of the Go,lden Valley Board of Zoning Appeals was held. Tuesday, May 10, 1:994 at. 7 PM, Council Chambers, 780(} Golden Valley Road, Golden Valley, Minnesota. The following Board members were present: Chair M.'Hee Sell', EmHie Johnson, Herb Polachek, Larry Smith, and Mahlon Swedberg. klsQ,pre,sent was Mark Grime,s, Staff Liaison. .. Approval of Minutes-.Aprll 12, 1994 MOVED by Johnson, seconded by Polachek and motion carried unanimously to approve the April 12, 1994 minutes as submitted. 2944 Major Avenue No. (94-5-6) Loran and Cheryl Benkofske Request: The petition is for waiver .of Sec. 11.21; Subd. 7(A) for a street setback of 2.5 feet off the required 35 foot street setback. Purpose: To construct additional living space-to the"'rr'ont of their home. They are also adding additional foota'ge to the garage whi ch will be eenformi ng. I The petition was in order and consent obtained from adjacent property owners. Mr. and Mrs. Benkofske were present to answer any questions. No' other persons interested in this request were in attendance. Staff Liaison, 'Mqrk Grimes, provided a brief staff report describing the requested variance. Mr. Grimes emphasized that Elmdale Road and Major Avenue do not intersect at a 900 angle which makes the lot narrower as it gets closer to Major Aven3~:~: MOVED by Swedberg, seconded by Polachek and motion carriedunantmously to approve the petition for a waiver of Sec. 11.21, Subd. 7(A) fora street set- back of 2.5 feet off the required 35 foot street setback. Mr. and Mrsi~ Benkofske noted that they will trim their trees'a'nd bushes in the front yard to improve corner viSibility. Also, they indicated that a shed at the southeast corner of the lot will be removed because it does not meet the five (5) foot setback requirement. 1441 Constance Drive West (94-5-7) Joseph A. Strom Request: The petition is for waiver of Sec. 11.21, Subd. 7 (C)(l) side setback for up to 8.1 feet off the required 15.!00t sideY~rd setback..... To construct a breezeway and garage onto the home which is currently non-conforming. I Purpose: 1325 Minutes af the Baard af Zaning Appeals May 10, 1994 Page Two. } . I The petitiQ!1 wa~jnorcjer lind can sent ,obtained fram,adjacent praperty owners~ Jaseph Stram was present to. explain the variance request. No. ather'persans interested in thereqllest WaS in attendance. Staff Liaisan, Mark Grimes;' gave a brief r;eport in<HcatJng that the hausewas built inrthe 1950's andwas'bUl.lt taa cl aSi~tQrjthe.sj,delP!)~Qerty line. A varrianoetsnaw 'r:l>eeded to. add "to an" exi st i nlg nO,n-cQnfo;rmi\ngbuHcii ng. Because ,the. ~a,u.se was; incorre,ctly placed an the lat, the Baard felt that ,a- variance wasj,ustifiedto"allaw further impravement afthe praperty. MOVED by Swedberg, secanded by Palachek a:r:ld mQtial1icarr;ied unanimauslydta apprave the side setback variance af up to. a.l feet ,far, the hame la~ated at 1441 Canstance Drive West. 2901 Perry A~~I1H~ Nqrt_h {94;,!;-8) Dean and Ruby Van Harn Request: The petitian is far waiver af Sec. 11.90 4(C)(4) which states that liny, ~ubseQuent addHion to. a ;lega lly, non-canforming' use shall r,equire,a new variance. Purpase: To. canstruct an additianonta the rearaf the garage. I The petitian was in arder and can sent abtained fram adjacent praperty awners. Mr. Van Harn was present to. explain the waiver request. No. ather persans intereste.d i Q thi s.. request were in attendance., .Staff Liai san, Mark Grimes, ' gave a brief s:taff repart indicating that a previQlils varjance had been granted far the expansion af the hause. The previous variance and the present request are needed because the hause and garage were built priar to. the dedicatian af Culver Raad. , WbennCu]vE!r:w,a'~'ldedicated, praperty was taken fram several1pr'op.... erties alang future,Culver._ Some af the buildings lacated an thase' praperties became nan-canfarming due to. the required 35 faat setback fram streets. MOVED by Jahnsan , secanded by Pal achek and matian carr.ied)unanimausly to. apprave the petitian fgrwaiver af Sectian 11.90 4(C)(4) which states that any subsequent additian to. a legally nan-canfarming building shall require a new variance. u. ,\1 3101 Kyle Avenue Narth (94-5-9) Harry and Mary Steen, , Request: The petitian is far waiver af Sec. 11. 4(C)(4) which states that any subsequent additian to. a legally nan-canfarming use shall require a new variance. Purpase: To. canstruct an additian anta the tap af the existing garage and an additi6n anta the rear af the hame~ I The petitian was in order and cansent abtained fram adjacent praperty owners. Mr. and Mrs. Steen: and. thejrchildren were present. taexplaoin their request. 1326 Minutes af the Baard af Zaning Appeals May 10, 1994 Page Three No. ather persons interested in this request were in attendance~ Staff Liaisan, Mark Grimes, gave a staff repart. He indicated that the request to. build living space abav~ the garage which was a previausly granted waiver in 1991. The garage is built 17 feet fram Kyle Avenue and 4.9 feet fram the narth prap- erty line. The BZA wascancerned in 1991 aver the ,encnaachmentaf the new garage into. the frant setback and view af neighbars to. the narth and sauth. Mr. Stein presented a s,cale.madel af his hauseshawing the prapased 2nd stary abave the garage. He said thehause currently has anly two. bedroams and ane bath. They recently had a secand child and wauld like mare space. They laaked at adding to. th,e r.ear ,of the "house ,ar a second level to. the ,hou.se but bath were unacceptable t.o.t.he family., ~The .rear yardhasseV'era 1 la-rge trees that wou,ld have to. be remaved and it wauld nat wark well with the existingflaar plan.' I Member Swedberg was cancerned regarding the height af the prapased secand level and its effect an the area. He said that the 1991 variance was granted because there was no. ather aptian far the garage due to. t.afLO,g rap hy . He, sa.itt.. there may be ather aptians far canstructian. Member Palachek said that adding to. the rear af the hause wauld cause many trees to. be remaved and ruin the access to. the rear Yard.' . Member Smith said that there are many unique hames alang-Kyle Avenue due to. the tapagraphy and he believes the prapasal will nat hurt the character af the neighbarhaad. I Chair Sell said that the tapagraphy af the area and the curve' in Kyle Avenue in the vicinity af the hausewauld screen the secand stary additian alang with existing trees. He also. daes nat want to. see any large trees destrayed. Members Palachek and Jahnsan stated that the secand staryadditian was a gaad idea based an the aptians avai1able and the effect Dr! the area'. ' MOVED by Smith, secanded by Palachek and matian carried 4-1 to. apprave the petitian far waiver af Sec. 11.90 4(C)(4) which states that any subsequent additian to. a legally nan-canfarming building shall require a new variance. 917 Narth Lilac Drive (94-5-10) KQRS, Inc. Request: The petitian is far waiver af Sec._Jl.40,Subn.,~5_.far a side...:,yar.cl setback af 96.02 feet aff the required 100 faat side yard set- back. Purpase: To. expand their building to. the east. The petitian was in arder and cansent abtained fram adjac~t"property awners. Jahn Brakke, Architect far .KQRS, was present to. explain the variance request. I No. ather persans interested in this request were in attendance. Staff Liaisan, Mark Grimes, pravided a staff repart. He said that in arder far this additian to. be built, KQRS must buy and rezane a partian af the lat to. the sauth far additianal parking. It was determined by staff that the variance shauld be reviewed by the BZA priar to. the rezaning request being submitted to. the City Cauncil. 1327 I Minutes of the Board of Zoning Appeals May 10, 1994 Page Four There was a question regarding the future improvement and widening of TH 100. Mark Grimes said that there is no firm date or width to the improvemerlt... If the road is widened to six lanes, the proposed addition will only be 12 feet from the new right-of-way line. As it stands today, the proposed addition will be conforming to the front yard setback requirement. MOVED by Polachek, seconded by Swedberg and motion carried unanimously to approve the petitiow for waiver of Sec. 11.40, Subd. 5 for a side yard setback variance of 96.02 feet of the required 100 feet side yard setback. 8806 Olson Memorial Hwy. (94-5-11) Perkins, Inc. Request: The petition is for waiver of Sec. 11.50, Subd. 7(A) front yard setback for 20 feet off the required 35 foot setback from the north line (7th Avenue North). Purpose: To construct a 36 seat solarium type addition on the southeast side of the restaurant. I The petition was in order and consent obtained from adjacent property owners. (The Manager of Perkins was to drop off the sign-off sheet from the neighbors today at City Hall.) Guy Payne of Perkins, Inc. was present to explain the waiver request. No other persons interested in the request were in attendance. Staff Liaison, Mark Grimes, provided a staff report. He indicated that Perkins obtained a similar variance in 1991 but the addition was not built. In 1991, the BZA did not, however, grant a variance into the required green area. Instead, the BZA granted a parking variance to allow fewer spaces than required and maintain the green area. Mark Grimes said that he has reviewed the request with the Fire Marshall and he strongly recommends eliminating the four parallel parking spaces along the west side of the building; this must be kept free for a fire lane. Several members of the Board spoke that maintaining the green space is impor- tant and that the fire lane is necessary. Mark Grimes stated that he is concerned regarding the adequacy of parking spaces on site with the expansion. Guy Payne of Perkins said that even with the additional 36 seats, 72 parking spaces on site is adequate. MOVED by Swedberg, seconded by Smith and motion carried unanimously to approve a parking variance for the Perkins site to allow 72 spaces rather than the required 80 spaces with the condition that both sides of the driveway along the west side of the building be designated a fire lane. Other Business I The Board asked Staff Liaison, Mark Grimes, to research an amendment to the City Code regarding the requirement that additional variances be granted for construction to uses or buildings that have already received variances. There is a concern by several members of the Board that conforming additions to buildings that have received a previous variance should not have to get an additional variance. 1.328 Minutes of the Board of Zoning Appeals May 10, 1994 Page Five Adjournment The meeting was adjourned at 8:45 PM. ~JdL Mike Sell, Chair I ; , " Llaison I I' I i ! : I