08-08-95 BZA Minutes
I
I
I
:1393
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
August 8, 1995
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, August 8,
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, Paula Pentel, and Bob Shaffer; absent
were Mike Sell and Herb Polachek. Also present was Mark Grimes, Staff Liaison.
I. Approval of Minutes - July 11, 1995
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the July 11,
1995 minutes as submitted.
Approval of Minutes - July 18, 1995
MOVED by Shaffer, seconded by Pentel and motion carried unanimously with the following
language added to the last paragraph on Page Two:
"Also, it is noted that there is adequate space on the school grounds for additional parking should
it become necessary. Superintendent Lawrence agreed that parking space could be created out
of ball fields or tennis courts if a need should require it."
II. The Petitions are:
1430 Louisiana Avenue North (95-8-24)
Sharon Tolbert-Glover
Request:
Waiver of Section 11.21, Subd. 7(A) front setback .. 8.1 feet off the
required 35 feet to a distance of 26.9 feet .. for the existing house on the
west side; and
Waiver of Section 11.21, Subd. 7(A) front setback -. 16.1 feet off the
required 35 feet to a distance of 18.9 feet.. for the newly constructed
platform on the west side of the house; and
Waiver of Section 11.21, Subd. 7(C)(3) side setback -- 1.68 feet off the
required 12.38 feet to a distance of 10.7 feet -- for the existing house on the
east side; and
Waiver of Section 11.21, Subd. 7(C)(3) side setback .. 5.38 feet off the
required 12.38 feet to a distance of 7 feet .- for the newly constructed deck
onto the rear of the house.
Purpose:
To bring the existing house and new construction into conformance
according to City Code.
1.394
Minutes of the Board of Zoning Appeals
August 8, 1995
Page Two
I
The petition was in order and surrounding property owners were notified of the request for the
variances. Mrs. Glover was present to answer any questions. Mark Grimes gave a brief
summary of the requests commenting on the circumstances surrounding the already constructed
two-tier deck to the rear of the house. Mrs. Glover talked about replacing the rotting deck and
constructing a structure that would provide more security for her. She also explained the
sequence of events on how the decks were constructed before obtaining the building permit and
variance. Chair Swedberg commented on the difficulty to develop this area in Golden Valley.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the above
requested waivers (Section 11.21, Subd. 7(A) front and street setback, Subd. 7(C)(3) east and
west side setbacks). The granted waivers made the existing house and newly constructed decks
and front platform legally nonconforming.
2810 Kyle Avenue North (95-8-25)
Michael Hammer and Lisa Wichmann
Request:
Waiver of Section 11.21, Subd. 7(A) front setback -- 6 feet off the required
35 feet to a distance of 29 feet.
Purpose:
To bring the existing house into conformance so a conforming deck may be
constructed onto the rear of the house
I
The petition was in order and all adjoining property owners were notified of the variance request.
The applicants were present to answer any questions. Staff Liaison Mark Grimes gave a brief
summary of the staff report and also commented that other homes on the block had similar
variances due to nonconformities of the existing homes. The request was very straight forward
and should not cause any hardship to the surrounding properties.
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the request
for waiver of variance of Section 11.21, Subd. 7(A) for 6 feet off the required 35 feet to a distance
of 29 feet to allow for the construction of a conforming deck onto the rear of the house.
1508 Alpine Pass (95-8-26)
Robert C. Anderson
Request:
Waiver of Section 11.21, Subd. 7(A) front 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)(1) side setback -- 10.2 feet off the
required 15 feet to a distance of 4.8 feet.
Purpose:
To bring the existing house into conformance so a conforming deck may be
constructed onto the rear of the house.
I
The petition was in order and all adjoining property owners were notified of the variance request.
Mr. Anderson was present to answer any questions. Staff Liaison Mark Grimes gave a brief
summary of the staff report pointing out the circumstances regarding the "Hold Harmless" letter.
I
I
I
1.395
Minutes of the Board of Zoning Appeals
August 8, 1995
Page Three
The Planning Department and Inspections Department had met regarding Mr. Anderson's request
for a building permit before the waivers were granted. Staff agreed that because the noncon-
formities dealt with the existing house and the proposed deck would be in total conformance and
that the applicant had arranged for all the materials to be delivered, the applicant could proceed if
a "Hold Harmless" letter was produced. The letter had to state that the applicant would remove
the deck if the waivers were not granted. This letter was obtained.
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the request
for waivers of Section 11.21, Subd. 7(A) front setback for 3.1 feet off the required 35 feet to a
distance of 31.9 feet and Subd. 7(C)(1) side setback for 10.2 feet off the required 15 feet to a
distance of 4.8 feet.
1416 Brenner Pass (95-8-27)
Robert and Eloise Ehlers
Request:
Waiver of Section 11.21 J Subd. 7 (A) front setback -- 1.78 feet off the
required 35 feet to a distance of 33.22 feet; and
Waiver of Section 11.21, Subd. 7(B) rear setback -- 19.95 feet off the
required 33.6 feet to a distance of 13.64 feet (for the existing house); and
Waiver of Section 11.21, Subd. 7(B) rear setback -- 27.35 feet off the
required 33.6 feet to a distance of 6.25 feet (for the proposed garage
addition); and
Waiver of Section 11.21, Subd. 7(C)(2) side setback -- 1.93 feet off the
required 13.35 feet to a distance of 11.42 feet.
Purpose:
To bring the existing house into conformance so a garage addition may be
constructed onto the existing garage.
The petition was in order and all adjoining property owners were notified of the variance request.
The applicant was present to answer any questions. Staff Liaison Mark Grimes gave a brief
summary of the staff report. The Board talked about the location of the house and neighbor's
house in regards to the proposed addition. They also noted the sloping terrain. Member Shaffer
asked staff if there was a utility easement along the north side of the property. Staff Liaison
Grimes commented that there probably was a utility easement for five feet on either side of the
property line. The proposed addition would not be within the five foot utility easement area.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the request
for waivers as noted above (Section 11.21, Subd. 7(A) front setback, Subd. 7(B) rear setback for
the existing house and proposed addition, and Subd. 7(C)(2) side setback to allow for the
construction of a garage addition onto the existing garage.
1.396
Minutes of the Board of Zoning Appeals
August 8, 1995
Page Four
1421 Zealand Avenue North (95-8-28)
Glen Thorsander
Request:
Waiver of Section 11.21, Subd. 7(A) front setback -- 24.3 feet off the
required 35 feet to a distance of 10.7 feet (for the existing house); and
Waiver of Section 11.21, Subd. 7(A) front setback -- 24.1 feet off the
required 35 feet to a distance of 10.9 feet (for the existing shed).
Purpose:
To bring the house and shed into conformance so a conforming deck may
be built onto the south side of the house.
The petition was in order and all adjoining property owners were notified of the variance request.
The applicant was present to answer any questions. Staff Liaison Mark Grimes gave a brief
summary of the staff report. He also commented that the house was probably one of the first
home built in this area and a lot reduction could have occurred when Winsdale was platted.
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the
requested waivers of Section 11.21, Subd. 7(A) front setback for 24.3 feet of the required 35 feet
to a distance of 10.7 feet for the existing house and for 24.1 feet off the required 35 feet to a
distance of 10.9 feet for the existing shed to allow for the construction of a conforming deck on the
south side of the house.
8415 Wesley Drive (95-8-29)
Susan Gilmore and John Lauenstein
Request:
Waiver of Section 11.21, Subd. 7(C)(1) side setback -- 8 feet off the required
15 feet to a distance of 7 feet.
Purpose:
To allow for the construction of a garage/additional bedroom space onto
the existing garage and upper bedrooms.
The petition was in order and all adjoining property owners were notified of the variance request.
The applicants were available to answer any questions. Staff Liaison Mark Grimes gave a brief
summary of the staff report adding that the applicants proposed garage addition is at a minimum
width. Member Pentel commented that the mass of the garage addition and upper level addition
didn't bother her because of the consistency the new addition will have with the existing house and
with those in the surrounding area.
I
I
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the request
for waiver of Section 11.21, Subd. 7(C)(1) side setback for 8 feet off the required 15 feet to a
distance of 7 feet to allow for the construction of a garage/additional bedroom space onto the I
existing garage and upper bedrooms.
I
I
I
Minutes of the Board of Zoning Appeals
August 8, 1995
Page Five
III. Other Business
A. Review of By-Laws - Article II (1).
1.397
The Board Members agreed to hold this business over to the September 12 meeting when a full
Board would be present.
IV. Adjournment
Chair Swedberg adjourned the meeting at 8:15 PM.
~
Mark Grimes, Staff Liaison