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02-14-95 BZA Minutes 1369 MINUTES OF A REGULAR MEETING OF THE GOLDEN VAL.LEY BOARD OF ZONING APPEALS I February 14, 1995 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, February 14, 1995 at 7 PM in the Council Chambers, City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board Members were present: Chairman Mike Sell, Mahlon Swedberg, Herb Polachek, Robert Shaffer and Planning Commission Representative Rick Groger. Also present was Staff Liaison Mark Grimes. I. Approval of Minutes - January 10, 1995 Member Swedberg noted two corrections to the prepared minutes. First, it was noted that the meeting was held on Thursday, January 10, 1995 and not Tuesday as indicated in the first paragraph. Second, Member Swedberg indicated that his motion to approve the United States Postal Service variance was done so for the following three reasons: I To minimize the effects of a seven foot drop in grade from the NE corner of the lot to the SE corner of the lot. To avoid having to interfere with fiber optic and other utility lines in the easement under vacated Country Club Drive. To allow for a better flow of traffic and access to the post office by better placement of the curb cuts on Golden Valley Road and Rhode Island Avenue. MOVED by Swedberg, seconded by Shaffer and motion carried unanimously to approve the January 10, 1995 minutes as amended. II. 1512 Gettysburg Ave. No. (95-2-2) William and Shari Kennedy Petition: Waiver of Section 11.21, Subd. 7(B) - rear yard setback - for 26.21 feet off the required 27.71 feet to a distance of 1.5 feet for the existing house; and I Waiver of Section 11.21, Subd. 7(B) - rear yard setback - for 27.21 feet off the required 27.71 feet to a distance of .6 feet for the proposed three-season porch. Purpose: To allow for the construction of a three-season porch onto the south side of the home. 1.370 Minutes of the Board of Zoning Appeals February 14, 1995 Page Two I The petition was in order and surrounding property owners were notified of the request for the variance. William and Shari Kennedy were present to answer any questions. Staff Liaison, Mark Grimes, gave a brief summary of the variance req uest. Chair Sell gave a short history of the development of the area where the Kennedy house is located. It was noted that this was the original house in the area that was subdivided in the late 1950's. Chair Sell said that he is concerned about the potential problem the proposed three-season porch addition could cause the homeowner. The proposed porch would be located to within six (6) inches of the rear property line. The adjoining property owner could build a fence on this property line and cause a very difficult maintenance situation for the Kennedy's. Member Shaffer asked about moving the addition forward (west) or reducing the size of the addition. The Kennedy's responded that the size cannot be reduced because it is a standard plan and that moving it forward would cause them a hardship because it would eliminate a planned outside patio area. They said that the properties to the east are at a much higher elevation and that the proposed addition would have little, or no effect on those properties. In fact, the Kennedy's thought they owned property behind their house until the boundaries were recently established. I Member Swedberg noted that the addition would be an improvement to the house and the variance should be granted if the neighbors would permit some sort of maintenance easement over the west end of their property that is fronted on Flag Avenue. MOVED by Swedberg, seconded by Polachek and motion carried unanimously to table this request for a month in order to allow the Kennedy's time to explore the possibility of buying property or an easement from their neighbor to the east. 116 Maddaus Lane (95-5-3) Shawn Kinniry/David Johnsen Request: Waiver of Section 11.21, Subd. 7(B) - rear yard setback - for 4.63 feet off the required 35.13 feet to a distance of 30.5 feet for the existing house; and Waiver of Section 11.21, Subd. 7(B) - rear yard setback - for 10.13 feet off the required 35.13 feet to a distance of 25 feet. I Purpose: To allow for the construction of additional living space and kitchen space onto the rear of the home. 1371 I Minutes of the Board of Zoning Appeals February 14, 1995 Page Three The petition was in order and surrounding property owners were notified of the request for the variance. Shawn Kinniry and David Johnsen were present to answer any questions. Staff Liaison Mark Grimes gave a brief description of the variance request and the unique nature of the property. (It has a shared driveway and is on a fairly steep slope.) The property owns indicated that they have owned the house for a couple of years and have planned to make improvements including this addition off the rear of the house. In the future a garage addition is planned. Because of the layout of the house and topography of the lot, the house and any addition have to be to the rear of the lot. MOVED by Polachek, seconded by Shaffer and motion carried unanimously to approve the petition for waivers of 1) Section 11.21, Subd. 7(B) for 4.63 feet off the required 35.13 foot rear yard setback to a distance of 30.5 feet for the existing house; and 2) Section 11.21, Subd. 7(B) for 10.13 feet off the required 35.13 feet to a distance of 25 feet for the proposed addition. I III. Other Business Member Swedberg gave a report on the Community Standards Task Force. IV. Adjournment Chair Sell adjourned the meeting at 8:15 PM. ~~ - ~ ~~1. - Mark Grimes, aff Liaison \~ c4dL Mike Sell, Chair I There was no Board of Zoning Appeals Meeting on March 14, 1995 due to the lack of an agenda.