07-11-95 BZA Minutes
I
I
I
1387
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
July 11, 1995
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, July 11,
1995, 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, Members Mike Sell, Paula Pentel, Bob
Shaffer and Herb Polachek. Also present was Mark Grimes, Staff Liaison.
I. Approval of Minutes - June 13, 1995
Moved by Polachek, seconded by Sell and motion carried unanimously to approve the June 13,
1995 minutes as submitted.
II. The Petitions are:
8045 Wynnwood Road (95-7-20)
Julie Welch
Request:
Waiver of Section 11.21, Subd. 7(C)(1) side yard setback - 7 feet off the
required 15 feet to a distance of 8 feet for the existing house.
Purpose:
To construct a new 10' x 22' x 18' deck off the east side of the house
The petition was in order and surrounding property owners were notified of the request for the
variance. Ms. Welch was present to answer any questions. She presented a design plan which
defined the deck more precisely. The existing deck will be torn down because it is deteriorating
and the fence just to the south of the existing deck will also be removed.
MOVED by Pentel, seconded by Sell and motion carried unanimously to approve the request for
waiver of Section 11.21, Subd. 7(C)(1) side yard setback for 7 feet off the required 15 feet to a
distance of 8 feet a proposed deck.
5645 No. St. Croix Avenue (95-7-21)
Connie L. Sillerud
Request:
Waiver of Section 11.21, Subd. 7(A) front yard setback - 4 feet off the
required 35 feet to a distance of 31 feet - the existing house is
nonconforming
Purpose:
To allow for the construction of a conforming deck into the rear of the house
The petition was in order and surrounding property owners were notified of the request for the
variance. Ms. Sillerud was present to answer any questions. Ms. Sillerud is requesting the
variance because the house is nonconforming and she would like to construct a conforming deck
onto the rear of the house.
MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the request
for waiver of Section 11.21, Subd. 7(A) front yard setback for 4 feet off the required 35 feet to a
distance of 31 feet to make the existing house legally nonconforming. A conforming deck is
proposed to be constructed onto the rear of the house.
1388
Minutes of the Board of Zoning Appeals
July 11,1995
Page Two
1304 Tyrol Trail So. (95-7-22)
Dianne M. Yanovick
I
Request:
Waiver of Section 11.21, Subd. 7(A) front yard setback - 3.1 feet off
the required 35 feet to a distance of 31.9 feet; and
Waiver of Section 11.21, Subd. 7(C)(2) side yard setback - 6.9 feet
off the required 14.8 feet to a distance of 7.9 feet
Purpose:
To make the existing house legally nonconforming which would allow for
the construction of a conforming addition onto the rear of the house
The petition was in order and surrounding property owners were notified of the request for the
variance. Ms. Yanovick was present to answer any questions. Staff Liaison Mark Grimes gave a
brief staff report commenting on the existing nonconforming house and the proposed addition.
Also discussed was an illegal retaining wall located in the City's right-of-way. Mr. Grimes
questioned the Board of Zoning Appeals whether the BZA should use its authority to further other
departmental goals. Chair Swedberg said that he would like to see the retaining wall work retained
and asked staff what the City's immediate needs were - how does the BZA protect the City's
interest.
Member Sell commented on the other neighbors who have retaining walls in the right-of-ways and
should the entire area be addressed instead of singling out one resident. Member Sell felt the
variance process should not be used as a police process. The Board of Zoning Appeals agreed
that the City Engineer should enforce the code in this instance.
I
Chair Swedberg commented that one property should be not singled out and could the City
attorney make a special statement.
MOVED by Polachek, seconded by Sell and motion carried unanimously to approve the request
for waiver of Section 11.21, Subd. 7(A) front yard setback for 3.1 feet off the required 35 feet to a
distance of 31.9 feet and waiver of Section 11.21, Subd. 7(C)(2) side yard setback for 6.9 feet off
the required 14.8 feet to a distance of 7.9 feet. The waivers are to make the existing house legally
nonconforming to allow for the construction of a conforming addition onto the rear of the house.
The Board directed staff to refer the retaining wall issue to the Director of Public Works.
III. Other Business
The Board of Zoning Appeals requested that the election of officers be moved from April to May to
avoid the problem of the Council appointments in April. Staff Liaison Grimes commented that
there would need to be an amendment to the By-Laws and would put this item on the August
agenda.
IV. Adjournment
M~
,~L
I
Chair Swedberg adjourned the meeting at 8:00 PM.
Mark W. Grimes, Staff Liaison