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11-09-94 BZA Minutes 1~7 MINUTES OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS I November 9, 1994 The regular meeting of the Golden Valley Board of Zoning Appeals was held Wednesday, November 9,1994 in the Golden Valley Council Chambers, City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to order by Chair Sell at 7:01 PM. The following Board Members were present: Chair Mike Sell, Emilie Johnson, Herb Polachek, Mahlon Swedberg, and Robert Shaffer. Also present was Mark Grimes, Staff Liaison. I. Introduction of New BZA Member - Robert Shaffer I Chair Sell welcomed new BZA Member Robert Shaffer, who is replacing Member Larry Smith. II. Approval of Minutes - September 14, 1994 MOVED by Polachek, seconded by Swedberg and motion carried unanimously to approve the September 14, 1994 minutes as submitted. Approval of Special Meeting Minutes - October 26, 1994 MOVED by Johnson, seconded by Swedberg and motion carried unanimously to approve the October 26, 1994 minutes as submitted. III. The Minutes for the Petitions are as follows: 5001 Frontenac Avenue North (94-11-46) David Whitney Request: Waiver of Section 11.21, Subd. 7(C)(1) which states that lots with a width of 100 feet or greater, the side setback shall be 15 feet) -- east side setback variance for .5 feet off the required 15 feet to a distance of 14.5 feet. Purpose: To make the garage legally non-conforming so a 20lx 23.11 addition can be added to the rear of the garage. I The petition was in order and consent obtained from adjacent property owners. David Whitney was present to answer questions from BZA Members. No other per- sons were in attendance. Staff Liaison Mark Grimes provided a brief staff report commenting that the purpose for the variance was to make the lot legally non-conforming so Mr. Whitney could construct an addition to the rear of his garage. Staff Liaison Grimes asked Mr. Whitney his intentions regarding the shed to the east of his garage which is sitting in the side yard setback. Mr. Whitney said that he would be tearing down or moving the shed so it would be in conformance with the setbacks. 1.358 Minutes of the Board of Zoning Appeals November 9, 1994 Page Two MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve the waiver of Section 11.21, Subd. 7(C)(I) for .5 feet off the required east side setback of 15 feet to a distance of 14.5 feet with the following con- dition: I o The shed on the east side of the garage will be torn down or moved to within the required setbacks. 1520 Zealand Avenue North (94-11-47) Paul N. Nichols Request: Waiver of Section 11.21, Subd. 7(A) which states that a front setback shall be 35 feet from the front property line -- front setback variance of one (1) foot off the required 35 feet to 34 feet; and Waiver of Section 11.21, Subd. 7(B) which states that rear yard setbacks shall be 20% of the lot depth -- rear yard setback variance of 14.09 feet off the required 20.09 feet to six feet of the rear property 1 i n~. Purpose: To construct an addition onto his home. The petition was in order and consent obtained from adjacent property owners. I Mr. Nichols was called out of town on business. Steve Brooke, SB Carpentry, was representing Mr. Nichols at this meeting. No other persons interested in this request were present. Staff Liaison Mark Grimes gave a brief staff report commenting that the property to the east is open space that Mr. Nichols owns. Also, due to the difficult topography of this parcel, Mr. NJchQls,.wou.ld have a hard time putting the addition anywhere else on the property. Staff Liaison Grimes noted that there are two existing sheds on the property within the setbacks -- these sheds will need to be torn down or moved elsewhere. In talking with Mr. Nichols, he commented that one shed would be torn down and the other shed moved. Mr. Grimes also asked the Board Members to review the front setback request. Member Swedberg asked Mr. Brooke why the garage could not be 23 feet deep in order to maintain the 35 foot front setback. Mr. Brooke complied with the request and the garage will be made one foot shorter than originally planned. MOVED by Swedberg, seconded by Johnson and motion carried unanimously to approve the waiver of Section 11.21, Subd. 7(B) for 14.09 feet off the required rear yard setback of 20.09 feet to a distance of six (6) feet. Waiver of Section 11.21, Subd. 7(A) was cancelled because the garage will be shortened by one (1) foot to allow for the required 35 foot front setback. The following condition was added by the Board: o There are two sheds on the lot which are located in the setbacks. Mr. Nichols stated that he would be tearing one shed down and removing the other shed from within the required setbacks of the lot. I 1359 I Minutes of the Board of Zoning Appeals November 9, 1994 Page Three 4445 Douglas Avenue South (94-11-48) Judi Van Hauer Request: Waiver of Section 11.21, Subd. 7(A) which states that a front setback shall be 35 feet from the front property line -- front setback variance of .25 feet off the required 35 feet to 34.75 feet; and Waiver of Section 11.21, Subd. 7(C)(2) which states that lots having a width of 70 feet and less than 100 feet, the side yard setback shall be 15% of the lot width -- east side yard setback variance of 2.8 feet off the required 12.3 feet to 9.5 feet of the side yard property line. Purpose: To construct a conforming 281x 201 deck off the southwest corner of the home. I The petition was in order and consent obtained from adjacent property owners. Judi Van Hauer was present to answer questions. No others interested in this request were present. Staff Liaison Mark Grimes gave a brief summary comment- ing that Ms. Van Hauer is requesting the two variances to make the lot legally non-conforming so she can construct a conforming deck onto the southwest corner of her home. The proposed deck will be no larger than the house extension to the west and south. Member Swedberg questioned staff why a variance is required along the east side. Staff Liaison Grimes stated that the existing walkway, which is made out of wood, encroaches the side setback by 2.8 feet requiring a side yard setback variance. MOVED by Polachek, seconded by Johnson and motion carried unanimously to approve the requested waivers of Section 11.21, Subd. 7(A) and 7(C)(2). This will allow the owner to construct a conforming 281 x 201 deck onto the south- west corner of her home. 617 Westwood Drive South (94-11-49) Michael and Caryn Glover Request: Waiver of Section 11.21, Subd. 7(A) which states that setback shall be 35 feet from the front property line setback variance of 4.7 feet off the required 35 feet distance of 30.3 feet; and a front front to a Waiver of Section 11.21, Subd. 7(C)(1) which states that yards having a width of 100 feet or greater, the side yard setback shall be 15 feet -- east side yard setback variance of 3.9 feet off the required 15 feet to a distance of 11.1 feet. Purpose: To construct a 14.21 x 16.51 deck off the rear of the home. I The petition was in order and consent obtained from adjacent property owners. Mr. Glover was in attendance to answer any questions. No other persons interested in this request were present. Staff Liaison Mark Grimes gave a brief summary stating the request of the Glover's is very straight forward. The waivers are for existing non-conformities on the front yard setback and the east side yard s~tback. The proposed deck will be within the required rear yard setback. 1360 Minutes of the Board of Zoning Appeals November 9, 1994 Page Four MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve the requested variances of Section 11.21, Subd. 7(A) and Subd. 7(C)(1) which will allow the Glover's to construct-a cOllformingdeck ont-othere-iff-Or- their home. I 5929 St. Croix Avenue (94-11-50) William and Phyllis Lyders Request: Waiver of Section 11.21, Subd. 12(A) which states that detached accessory buildings shall be placed wholly to the rear of the main building, with at least 10 feet of separate and no less than 5 feet from any lot boundary line other than a street line -- east side yard setback variance of 3.5 feet off the required 5 feet to a distance of 3.5 feet, and variance of shed placed within 10 feet to the side of the home. Purpose: The Lyders would like to have the shed remain where it is located at the present time. The petition was in order and consent obtained from adjacent property owners. Mr. and Mrs. Lyders were present to answer any questions. No other persons interested in this request were present. Staff Liaison Mark Grimes gave a brief staff report commenting that the Lyders appeared before the BZA in August requesting a variance from Section 11.21, Subd. 12(A) of the Code; this request was granted. The property survey submitted with the August variance request did not indicate the shed or its location. Therefore, a variance for the shed was not reviewed. I After the August variance was granted, the building inspectors notified the Planning Department that a shed existed within the required side yard setback. Staff told Mr. Lyders that the location of the shed had to be addressed by a variance or the shed removed. In addition, the shed was located in a utility easement. Before the variance for the shed was to be reviewed, the utility easement would have to be vacated. The easement was vacated by the City Council on October 18, 1994. Mr. Lyders commented that the shed is located in a practical place next to the garage. Member Swedberg commented that the shed could not be moved to the rear of the home because the entire rear yard is below the 100 year flood elevation. The existing shed is also well screened from the street and property to the east by shrubs and trees. MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve the requested variance of Section 11.21, Subd. 12(A) which will allow the shed to remain next to the garage. Purpose: To co~struct a deck off the rear of the home. 1.361. I Minutes of the Board of Zoning Appeals November 9, 1994 Page Five The petition was in order and consent obtained from adjacent property owners. Mr. Wilson was present to answer any questions. No other persons interested in this request were present. Staff Liaison Mark Grimes reported that this waiver request is very straight forward. The variance is for an existing side yard setback of .8 feet off the required 15 feet. The proposed deck will be conforming. MOVED by Johnson, seconded by Swedberg and motion carried unanimously to approve the requested variance of Section 11.21, Subd. 7(C)(I) which will make the lot legally non-conforming. IV. Other Business No other business was presented. V. Adjournment Chair Sell adjourned the meeting at 7:35 PM. 'tr:L~ ~~~ Mark Grlmes, Staff Liaison Mike Sell, Chai r I I