09-12-95 BZA Minutes
1398
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
September 12, 1995
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The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, September
12,1995, 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 Paula Pentel, Herb Polachek,
Mike Sell and Bob Shaffer. Also present was Mark Grimes, Staff Liaison.
I. Approval of Minutes - August 8, 1995
MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the August 8,
1995 minutes as submitted.
II. The Petitions are:
920 Toledo Avenue North (95-9-30)
Josephine and Melvin Fishman
Request:
Waiver of Section 11.21, Subd. 7(B) rear setback -- 15.6 feet off the
required 35.6 feet to a distance of 20.0 feet -- for the existing house
on the north side; and
Waiver of Section 11.21, Subd. 12 Accessory Buildings -- Code states I
that all accessory buildings are to be located to the rear of the house
with at least 10 feet of separation between the main building and accessory
building and no less than 5 feet distance from any lot boundary line that is
not a front or street line.
Purpose:
To bring the house into conformance and maintain the accessory building
in the front yard but at least 35 feet from the street line and 5 feet from the
side property line.
The petition was in order and surrounding property owners were notified of the request for the
variances. Mr. and Mrs. Fishman were present to answer questions. Mark Grimes gave a brief
summary of the variance requests. Mrs. Fishman told the Board that she refused to get a survey.
She showed pictures of other sheds in front yards. Mrs. Fishman stated that the shed is needed
to store household items that cause her asthma and allergies to worsen. Mr. Grimes explained in
detail why a survey was needed.
Member Sell believes the house could either be less than or more than 20 feet from the property
line. He would like to see a survey which shows exactly where the house sits. He believes the
sketch, presented to the Board, does not accurately portray where the house may actually be
located. Member Sell asked for a delay in action of the Board until an accurate survey could be
reviewed.
MOVED by Sell seconded by Shaffer and motion carried unanimously to delay action in this
request, up to six months, until a survey can be reviewed.
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Minutes of the Board of Zoning Appeals
September 12, 1995
Page Two
2545 Cavell Avenue North (95-9-31)
Larry D. Friedman
Request:
Waiver of Section 11.21, Subd. 7(B) rear setback -- 6.15 feet off the
required 26 feet to a distance of 19.85 feet.
Purpose:
To bring the house into conformance so the applicant can construct a
conforming addition and ground level decking on the west side of the house.
The petition was in order and all adjoining property owners were notified of the variance request.
Mr. Friedman was present to answer questions. Staff Liaison Mark Grimes gave a brief summary
of the staff report. The request was very straight forward and should not cause any hardship to
the surrounding properties. Mr. Grimes explained the need for the survey to the applicant who
was not happy about obtaining a survey for his lot.
MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the request
for waiver of Section 11.21, Subd. 7(8) for 6.15 feet off the required 26 feet to a distance of 19.85
feet to allow for the construction of a conforming addition onto the rear of the house.
1410 Spring Valley Road (95-9-32)
Steve and Kathi Mahle
Request:
Waiver of Section 11.21, Subd. 7(C)(2) side setback -- 1.2 feet off the
required 13.2 feet to a distance of 12 feet for the existing cantilever
addition; and
Waiver of Section 11.21, Subd. 7(C)(2) side setback -- 1.67 feet off the
required 13.16 feet to a distance of 11.49 feet for the proposed addition
on the northwest side of the house.
Purpose:
To bring the house into conformance and permit the construction of an
addition onto the existing cantilever addition which is located on the
northwest side of the house.
The petition was in order and all adjoining property owners were notified of the variance requests.
The architect/builder was present to answer any questions. Staff Liaison Mark Grimes gave a brief
summary of the staff report; the request is very straight forward.
MOVED by Polachek, seconded by Pentel and motion carried unanimously to approve the
requests for waiver of Section 11.21, Subd. 7(C)(2) side setback for 1.2 feet off the required 13.2
feet to a distance of 12 feet for the existing cantilever addition and for 1.67 feet off the required
13.6 feet to a distance of 11.49 feet for the proposed addition onto the existing cantilever addition
located on the northwest side of the house.
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Minutes of the Board of Zoning Appeals
September 12, 1995
Page Three
1725 North Lilac Drive (95-9-33)
David Lundstrom (Cobacabana Apts.)
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Request:
Waiver of Section 11.25, Subd. 4(C) Parking Requirements; and
Waiver of Section 11.25, Subd. 5 Front, Side and Rear Yard
Requirements.
Purpose:
To bring the property into conformance to allow for the construction of
a 16-unit addition to the existing 31-unit apartments (to include underground
parking) and to allow fewer enclosed parking spaces than required.
The petition was in order and all adjoining property owners were noti.fied of the variance requests.
Mr. Lundstrom was present to answer questions. Staff Liaison Mark Grimes gave a brief summary
of the staff report. He indicated that this apartment was built in the mid-1960's with a unique
design. The existing 31-unit building is currently nonconforming because the parking areas,
driveways and building do not meet current setback requirements. Mr. Lundstrom now wants to
add 16 units, with underground parking, to make the existing building and site legally
nonconforming. In addition, he is requesting a variance to permit seven less enclosed parking
spaces for the 47 unit building. (The code requires 54 and he is proposing 47).
Mr. Lundstrom indicated that the rents on the property will remain moderate. MemberPentel was
concerned about the loss of green area along the west side of the building. Mr. Grimes indicated
that additional landscaping of the site will be required to meet current landscape standards.
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The Board felt that the side yard variances were reasonable due to the location of the site below
both Lilac Drive and St. Croix Avenue. The Board did feel that the additional seven enclosed
spaces should be added to the site by extending the 10-space garage at the east end of the site.
This requires that the garage extend into the front setback along Lilac Drive.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the request
(Section 11.25, Subd. 4(C) and 5) for side and front yard setback variances to allow for the
expansion of the Cobacabana apartments including a 10-stall parking garage along the east
property line. Staff will verify the location of a sewer easement to determine if it must remain or
the proposed building moved.
4936 Sorell Avenue (95-9-34)
Mary and Norman Johnson
Request:
Waiver of Section 11.21 , Subd. 7(C)(1) side setback -- 7.15 feet off the
required 15 feet to a distance of 7.85 feet.
Purpose:
To allow for the construction of a 10-foot garage addition located on the
west side of the house.
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The petition was in order and all adjoining property owners were notified of the variance request.
The Johnsons were present to answer any questions. Staff Liaison Mark Grimes gave a brief
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Minutes of the Board of Zoning Appeals
September 12 1995
Page Four
summary of the staff report commenting that the Johnsons are looking for more storage. The
applicants feel that due to the sloping terrain it would be impossible to build a garage anywhere
else on the property. The neighbor to the west, Mr. McElroy, asked that the garage addition be no
larger than 10 feet wide; the Johnsons agreed. Mr. McElroy is concerned about noise and the
garage being too close to his property; he is against the request but will not fight it.
MOVED by Polachek, seconded by Pentel and motion carried unanimously to approve the request
for waiver of Section 11.21, Subd.7(C)(1) for 7.15 feet off the required 15 feet to a distance of
7.85 feet for a 10-foot garage addition on the west side of the house.
2430 Lamplighter Lane (95-9-34)
Barry and Shirley Kline
Request:
Waiver of Section 11.21, Subd. 7(A) front setback -- 1.2 feet off the required
35 feet to a distance of 33.8 feet for the existing house; and
Waiver of Section 11.21, Subd. 7(A) front setback -- 4 feet off the required
35 feet to a distance of 31 feet for the existing detached garage.
Purpose:
To bring the existing structures on the property into conformance so a
3-season porch can be constructed onto the rear of the house.
The petition was in order and all adjoining property owners were notified of the variance requests.
Mr. Kline was present to answer questions. Staff Liaison Mark Grimes gave a summary of the
staff report briefly talking about the detached garage and the probable cause of why it was built
within the setback. Mr. Grimes commented that a survey was not required at the time of
construction because the irons were located. Chair Swedberg expressed his concern regarding
the percentage of building and outside storage on the lot. Mr. Kline noted that he now has fewer
vehicles to store outside; the existing attached garages are too narrow for some of his vehicles.
MOVED by Pentel, seconded by Sell and motion carried unanimously to approve the request for
waivers of Section 11.21, Subd. 7(A) front setback for 1.2 feet off the required 35 feet to a distance
of 33.8 feet for the existing house and 4 feet off the required 35 feet to a distance of 31 feet for the
existing detached garage. These variances will allow for the construction of a conforming 3-
season porch off the rear of the house.
4240 Golden Valley Road (95-9-36)
Roger Johnson
Request:
Waiver of Section 11.21, Subd. 7(C)(2) side setback -- 11.12 feet off the
required 13.27 feet to a distance of 2.15 feet.
Purpose:
The applicant is proposing to construct a 12' x 20' porch off the east side of
the house.
The petition was in order and all adjoining property owners were notified of the variance request.
Mr. Johnson was present to answer questions. Staff Liaison Mark Grimes gave a summary of the
staff report. The Board was concerned about the proposed structure being so close the
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Minutes of the Board of Zoning Appeals
September 12, 1995
Page Five
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property line and how the property and structure would be maintained. Member Sell suggested
that the proposed porch be no larger than 10' x 20' which would allow more space for
maintenance. Mr. Johnson agreed to the smaller size.
MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the request
for waiver of Section 11.21, Subd. 7(C)(2) side setback for 9.12 feet off the required 13.27 feet to a
distance of ~ feet to allow for the construction of a 10' x 20' porch off the east side of the
house.
2440 Dresden Lane (94-9-37)
H. Nils and Lois M. Berg
Request:
Waiver of Section 11.21, Subd. 7(C)(1) side setback -- .9 feet off the
required 15 feet to a distance of 14.1 feet.
Purpose:
To construct a conforming addition on the rear of the house located
approximately eight (8) feet off the ground.
The petition was in order and all adjoining property owners were notified of the variance request.
Mr. Berg was present to answer questions. Staff Liaison Mark Grimes gave a summary of the
staff report briefly commenting on the flood plain elevation to the rear of the house. Mr. Grimes I
stated that because the lower entry into the house is at least two (2) feet above the flood plain
elevation there is no concern about flooding into the house. He also stated that the request is very
minor.
MOVED by Shaffer, seconded by Polachek and motion carried unanimously to approve the
request for waiver of Section 11.21, Subd. 7(C)(1) side setback for .9 feet off the required 15 feet
to a distance of 14.1 feet to make the house legally nonconforming so the applicant can construct
an addition onto the rear of the house.
7401 Ridgeway Road (95-9-38)
James anc;l Linda Farnham
Request:
Waiver of Section 11.21, Subd. 7(A) front setback -- 8.75 feet off the
required 35 feet to a distance of 26.25 feet for the exiting house; and
Waiver of Section 11.21, Subd. 7(C)(1) side setback -- 1.75 feet off the
required 15 feet to a distance of 13.25 feet for the existing chimney.
Purpose:
To bring the house into conformance and to allow for the construction
of an addition onto the south side of the house.
The petition was in order and all adjoining property owners were notified of the variance requests.
Mr. Farnham was present to answer questions. Staff Liaison Mark Grimes gave a brief summary 1'1.
of the staff report. Member Shaffer commented that the house to the east was set farther back
and should not be affected by the proposed addition.
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Minutes of the Board of Zoning Appeals
September 12, 1995
Page Six
MOVED by Sell, seconded by Pentel and motion carried unanimously to approve the requests for
waivers of Section 11.21, Subd. 7(A) front setback for 8.75 feet off the required 35 feet to a
distance of 26.25 feet for the proposed addition and Subd. 7(C)(1) for 1.75 feet off the required 15
feet to a distance of 13.25 feet for the existing chimney on the north side of the house.
III. Other Business
A. Review of By-Laws - Article 11(1). Officers and Staffing.
The Board discussed having the election of officers moved one month back due to the Council not
making their appointments until April.
MOVED by Sell, seconded by Polachek and motion carried unanimously to hold elections after the
Council has made appointments to the Board.
B. Request from BZA for Additional Survey Information
The Board asked staff if the surveys could show the placement of the neighboring houses so the
Board can have a better picture of how a neighbor may be affected by a proposal. Mr. Grimes
commented that staff will request new surveys show where neighboring houses are located.
IV. Adjournment
Chair Swedberg adjourned the meeting at 9 PM.
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Mahlon we berg, Chair ..
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Mark Grimes, Staff Liaison