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05-09-95 BZA Minutes 1376 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals May 9, 1995 I The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, May 9, 1995 in the Council Conference Room, City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Swedberg called the meeting to order at 7 PM. Those members present were: Chair Mahlon Swedberg, Mike Sell, Emilie Johnson, Bob Shaffer and Herb Polachek. Also present was Mark Grimes, Staff Liaison. I. Approval of Minutes - April 11, 1995 Moved by Sell, seconded by Polachek and motion carried unanimously to approve the April 11 , 1995 minutes as submitted. II. The Petitions are: 222 Hanley Road (95-4-7) Tom and Mary Bauer Request: Waiver of Section 11.21, Subd. 7(A) front yard setback - 14.32 feet off the required 35 feet to a distance of 20.68 feet for the proposed garage addition; and I Waiver of Section 11.21, Subd. 7(A) front yard setback - 6.02 feet off the required 35 feet to a distance of 28.98 feet for the proposed entryway; and Waiver of Section 11.21, Subd. 7(C)(2) side yard setback - .53 inches off the required 11.28 feet to a distance of 10.75 feet for the garage addition. Purpose: To construct 4' x 20.6' additions onto either side of the garage and to construct a front enclosed entryway. The petition was in order and surrounding property owners were notified of the request for the variance. Tom and Mary Bauer were present to answer any questions. Staff Liaison Grimes commented that the Bauers were before the BZA on April 11 with a request for the garage addition to be solely to the north of the existing garage. The BZA requested Mr. and Mrs. Bauer to review other options. They are now before the BZA requesting a very small setback variance of .53 off the required 11.28 feet to a distance of 10.75 feet on the north side of the proposed garage. They also need a front yard setback variance for an enclosed entryway of 6.02 feet off the required 35 feet to a distance of 28.98 feet and for the proposed garage addition of 14.32 feet off the required 35 feet to a distance of 20.68 feet. The Bauers feel this is the only workable solution for their need for additional garage space and an entryway. They felt it would be a hardship for them to put the garage in the back yard and then build a retaining wall for the driveway to go along the north side of the home. The Bauers had strong support from their neighbors regarding the variances for the construction of the garage addition and entryway. I I I I 1377 Minutes of the Board of Zoning Appeals May 9, 1995 Page Two MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the petition of waivers because of the topography of the lot makes it difficult to build a garage in the rear yard: - Waiver of Section 11.21, Subd. 7(A), front setback, for 14.32 feet off the required 35 feet to a distance of 20.68 feet for the proposed garage addition; and - Waiver of Section 11.21, Subd. 7(A), front setback, for 6.02 feet off the required 35 feet to a distance of 28.98 feet for the proposed entryway; and - Waiver of Section 11.21, Subd. 7(C)(2), side yard setback, for .6 feet off the required 11.28 feet to a distance of 10.68 feet for the proposed garage addition on the north side. Chair Swedberg noted that he was willing to vote for the requests because of the strong support of the neighbors. 609 Westwood Drive South (95-5-8) David L. Elert Request: Wavier of Section 11.21, Subd. 7(A) front yard setback - 9.8 feet off the required 35 foot setback to a distance of 25.20 feet. Purpose: To construct a stone walkway in the front of the house. The petition was in order and surrounding property owners were notified of the request for the variance. David Elert was present to answer any questions. Staff Liaison Mark Grimes gave a brief summary of the request commenting that because the stone walkway was to be attached to the house and raised off the ground it was considered to be a structure. Therefore, the stone walkway requires a variance. The request is for 9.8 feet off the required 35 foot front yard setback to a distance of 25.20 feet. MOVED by Polachek, seconded by Johnson and motion carried unanimously to approve the petition for waiver of Section 11.21, Subd. 7(A) for 9.8 feet off the required 35 foot to a distance of 25.20 feet. The following condition was placed on the variance: . No future addition may be built upon the walkway. 2020 Orkla Drive (95-5-9) Dr. Robert R. Hoover Request: Waiver of Section 11.21, Subd. 7(C)(1) side yard setback - 2 feet off the required 15 feet to a distance of 13 feet. Purpose: To construct a solarium onto the northeast side of the house (Please Note: It was moved by Johnson, seconded by Polachek and motion carried unanimously to hear this request last due to the absence of Dr. Hoover. Dr. Hoover did call staff to say that he would be late due to another meeting to attend.) 1378 Minutes of the Board of Zoning Appeals May 9, 1995 Page Three I The petition was in order and surrounding property owners were notified of the request for the variance. Dr. Robert Hoover was in attendance to answer any questions. Staff Liaison Mark Grimes gave a brief summary of the request stating that Dr. Hoover would like to construct a solarium onto the northeast side of his home. The variance required is for 1.8 feet off the required 15 feet. Dr. Hoover requested the variance be changed to 2 feet which the BZA agreed to. The BZA felt there would be a minimal effect on the surrounding neighborhood and agreed to the request. MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the petition for waiver of Section 11.21, Subd. 7(C)(1) for 2 feet off the required 15 foot side yard setback to a distance of 13 feet. 6839 Medicine Lake Road (95-5-10) Stephen Stolarek-Houston Request: Waiver of Section 11.21, Subd. 7(A) front yard setback - 5.2 feet off the required 35 feet to a distance of 29.8 feet; and Waiver of Section 11.21, Subd. 7{C)(2) side yard setback - 3.05 feet off the required 14.85 feet to a distance of 11.8 feet. Purpose: To construct a deck facing Medicine Lake Road and to make the house legally non- conforming on the west side. I The petition was in order and surrounding property owners were notified of the request for variances. Mr. Stolarek-Houston was present to answer any questions. Staff Liaison, Mark Grimes, reported that the applicant wishes to construct a new deck because the existing deck is in poor condition. The house is currently nonconforming on the west side of the house and the requested variance would bring the house into conformance. The BZA noted that due to the slope of the ground it would be difficult to place a deck elsewhere and also the placement of the proposed deck would allow easy access into the house. MOVED by Sell, seconded by Shaffer and motion carried unanimously to approve the following petition of waivers: Section 11.21, Subd. 7{A) for 5.2 feet off the required 35 foot front yard setback to a distance of 29.8 feet for the construction of a new deck and Subd. 7{C)(2) for 3.05 feet off the required 14.85 foot side yard setback to a distance of 11.8 feet to make the house legally nonconforming. 6909 Country Club Drive (95-511) Dean B. Perlman Request: Waiver of Section 11.21, Subd. 7{C) side yard setback - 10 feet off the required 15 feet to a distance of 5 feet. I Purpose: To construct a one-stall garage addition onto the northeast side of the house. I I I 1379 Minutes of the Board of Zoning Appeals May 9, 1995 Page Four The petition was in order and surrounding property owners were notified of the request for the variance. Mr. Perlman was in attendance to answer any questions. Staff Liaison, Mark Grimes, commented briefly on the request that Mr. Perlman would like to add a one stall garage addition to the existing garage on the east side. Mr. Perlman found it impossible to add a garage to the west side of the house because the bedrooms are on that side and would not permit entrance into the house from the garage. He also did not want to destroy the beauty of his backyard by putting a garage in it. The Board discussed reducing the width of the garage to minimize the setback variances. However, the concerns of the Board was that reducing the garage width to 20 feet (after the addition was added) would not provide for a usable garage. MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the petition for waiver of Section 11.21, Subd. 7(C)(1) for 10 feet off the required 15 foot side yard setback to a distance of 5 feet. 2131 Windsor Way (95-5-13) Floyd Lobash Request: Waiver of Section 11.21, Subd. 7(C)(2) side yard setback - .96 feet off the required 15 feet to a distance of 14.04 feet. Purpose: To construct a two-story addition onto the southwest corner of the house The petition was in order and surrounding property owners were notified of the request for the variance. Mr. Lobash was present to answer any questions. Staff Liaison Mark Grimes gave a brief summary of Mr. Lobash's request for a side yard setback variance of .96 feet to a distance of 14.04 feet off the required 15 feet. Mr. Lobash is planning to construct a two-story addition onto the southwest corner of the house. Mr. Grimes stated that when he visited the property he noted a nonconforming carport attached to the house on the north side. Mr. Grimes said that Mr. Lobash could make a request for a variance for the carport or take it down. MOVED by Polacheck, seconded by Johnson and motion carried unanimously to approve the petition of waiver of Section 11.21, Subd. 7(C)(2) for .96 feet off the required 15 foot side yard setback to a distance of 14.04 feet. The BZA placed the following condition on the variance. . The carport attached to the north side of the house will need to be removed no later than October 1, 1995. 4421 Elmdale Road (95-5-13) Michael and Anne Loft Request: Waiver of Section 11.21, Subd. 7(A) front yard setback - 4.5 feet of the required 35 feet to a distance of 31.5 feet; and 1.380 Minutes of the Board of Zoning Appeals May 9, 1995 Page Five I Waiver of Section 11.21, Subd. 7(A) street yard setback - 8.1 feet off the required 35 feet to a distance of 26.9 feet; and Waiver of Section 11.21, Subd. 7(C)(2) side yard setback - 1.45 feet off the required 12.45 feet to a distance of 11 feet. Purpose: To bring the house into conformance on Lee Avenue and Elmdale Road and to construct a deck onto the south side of the house. The petition was in order and surrounding property owners were notified of the request for the variance. Michael and Anne Loff were present to answer any questions. Staff Liaison Mark Grimes gave a brief summary of the request commenting that the front and street waivers will make the house legally nonconforming. Mr. Grimes also commented that because of the location of house on a corner lot and the lot itself narrowing to the east, it would have been difficult to place a deck anywhere else on the property. Also, the south side of the house will accommodate the deck nicely with only a small setback infringement of 1.45 feet. MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the petition of the following waivers: - Section 11.21, Subd. 7(A) front yard setback for 4.5 feet off the required 35 feet to a distance of 31.5 feet on Lee Avenue; and I - Section 11.21, Subd. 7(A) street yard setback for 8.1 feet off the required 35 feet to a distance of 26.9 feet on Elmdale Road; and - Section 11.21, Subd. 7(C)(2) side yard setback for 1.45 feet off the required 12.45 feet to a distance of 11 feet. 700, 710, & 750 Pennsylvania Avenue So. and 825 Rhode Island Avenue So. (95-5-14) Jet Edge. Applicant Request: Waiver of Section 11.12 - Principle Structure on one block; and Waivers of Section 11.36, Subd. 6. - Yard Requirements, and Subd. 9 - Landscaping and Screening. Purpose: To bring its buildings and lots into conformance with City Code. The petition was in order and surrounding property owners were notified of the request for the I variances. Representatives of the applicant were present to answer any questions. Staff Liaison Mark Grimes described the requested variances and why they are needed at this time. He told the Board that there has been a request to use one of the Jet Edge buildings for an auto repair use. Since auto repair uses require a conditional use permit (CUP), only properties that are legally conforming may be issued such permits. The property on which the auto repair shop is to be I I I 1381. Minutes of the Board of Zoning Appeals May 9, 1995 Page Six located has several building and lot non-conformities. The Planning Commission recommended approval of a CUP for the auto repair operation assuming that the BZA will approve the necessary variances at this meeting. Chair Swedberg was concerned about using the variance approach to make these properties conforming. He feels that this is more of a "band aid" type of approach and that the Planned Unit Development (PUD) procedure may be more appropriate. The PUD would give the City more control over the site. He sees these requests as getting into the Planning field. Staff Liaison Grimes said that the Planning staff is reluctant to recommend the PUD process in this circum- stance because it will make the situation permanent and legitimize the existing nonconforming buildings. Member Sell suggested that the BZA grant only the minimal number of variances needed to allow the CUP for auto repair to go forward to the City Council for approval. At a later date, Jet Edge could then apply for a PUD or make other improvements to the properties to bring them into conformity or closer to conformity. Jim Shuck, General Manager of Jet Edge, said that the new owner of the property is TC America. If they are required to make all the improvements that would go along with the variances, they would not rent the property for the auto repair use. It would be too costly. The improvements required by the variances include the removal of some parking areas, removal of some structures, and additional curb and gutter. Member Johnson, who is also on the Planning Commission, commented that the auto repair use is a non-intrusive use that would be good for the community. MOVED by Sell, seconded by Johnson and motioned carried on a 3-2 vote (Swedberg and Polachek opposed) to approve only those variances on the 710-750 buildings and lot and to look for other solutions to the non-conformities on the other Jet Edge properties. The specific setback waivers are as follows: Section 11.12 Principal Structure on One Block -- waiver is to permit 710 and 750 Pennsylvania Avenue on one block. Section 11.36, Subd. 6. Yard Requirements: . The 750 building is located within 31 feet of the right-of-way line, therefore, a setback variance of four (4) feet is required; and · The parking area in front of the 710 building is within five (5) feet of the right-of-way line. this required setback is 35 feet, therefore a five (5) foot front yard setback is required; and . The parking lot line along the south side of the 750 building does not meet the 10 foot setback requirement for parking lots and driveways. The driveway is within eight (8) feet of the property line, therefore, a two (2) foot waiver is needed. 1382 Minutes of the Board of Zoning Appeals May 9, 1995 Page Seven I · Along the west property line behind the 750 building, the required 10 foot wide green area is not met because of the location of path and paved areas. The same is true along the north property line where there is a driveway and path crossing the required landscaped setback area. Section 11.36, Subd. 9. Landscape Requirements. This section requires that all yards be landscaped. 1337 Quebec Avenue North (95-5-15) Lorri and Mike Kenny Request: Waiver of Section 11.21, Subd. 7(A) front yard setback - 10 feet off the required 35 feet to a distance of 25 feet Purpose: To bring the existing house into conformity in order that an enclosed dining area may be constructed onto the southwest side of the house The petition was in order and surrounding property owners were notified of the request for a variance. The applicant was present to answer any questions. Staff Liaison Mark Grimes commented that the Kenny's are proposing to construct an enclosed dining area off the southwest side of their house. The variance for the nonconforming street setback of 10 feet off the required 35 feet to a distance of 25 feet off of Quebec Avenue. I Mr. Grimes noted that the applicants presented a drawing of their property that shows verified setbacks from Knoll Street and Quebec Avenue. Member Sell noted that acceptance of the drawing seems to be more of an administrative matter because it is not a survey. Mr. Grimes stated that other information seemed to be in order and that the request was very straight forward. MOVED by Polachek, seconded by Sell and motion carried unanimously to accept the drawing with the verified setbacks in lieu of a survey. MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the petition for waiver of Section 11.21, Subd. 7(A) for 10 feet off the required 35 foot street setback to a distance of 25 feet on Quebec Street. III. Other Business No other business was discussed. IV. Adjournment Chair Swedberg adjourned the meeting at 9 PM. ~~L Mark Grimes, Staff Liaison I