11-14-95 BZA Minutes
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November 14, 1995 I
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, November
14, 1995, Council Conference Room, City Hall, 7800 Golden Valley Road, Golden Valley,
Minnesota. Chair Swedberg called the meeting to order at 7 PM.
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
Those 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 - September 12, 1995
MOVED by Polachek, seconded by Pentel and motion carried unanimously to approve the
September 12, 1995 minutes as submitted.
II. The Petitions are:
1844 Glenwood Parkway (95-11-39)
Rick Bennett & Kristine M. Distel-Bennett
Request:
Waiver of Section 11.21, Subd. 7(A) Front Setback -- 7 feet off the required
15 feet to a distance of 8 feet (for proposed garage addition on the frontag(:l
road);
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Waiver of Section 11.21, Subd. 7(B) Rear Setback -- 19.9 feet off the
required 31.9 feet to a distance of 4 feet (proposed garage addition); and
Waiver of Section 11.21, Subd. 7(C)(3) Side Yard Setback -- 5 feet off the
required 9 feet to a distance of 4 feet (for the existing shed attached to the
house on the east side).
Purpose:
To make the existing house legally nonconforming and to allow for the
construction of a nonconforming 24' x 30' attached garage onto the south
side of the house.
The petition was in order and surrounding property owners were notified of the request for the
variances. Ms. Distel-Bennett was present to answer questions. She presented to the Board of
Zoning Appeals a new plan for a garage addition. The new plan would not require a waiver from
the front yard (frontage road). Because the applicant changed the design of the garage, the Board
decided the applicant should appear before the BZA in December.
MOVED by Pentel, seconded by Sell and motion carried unanimously to defer this waiver requests
until the December meeting at which time the Board and staff will have had time to review the new
plans.
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Minutes of the Board of Zoning Appeals
November 14, 1995
Page Two
3114 Kyle Avenue North (95-11-40)
Paul W. Flower
Request:
Waiver of Section 11.21, Subd. 7(A) Front Setback -- .6 feet off
the required 25 feet to a distance of 24.4 feet; and
Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback --.75
feet off the required 12.75 feet to a distance of 12 feet (on the
north side).
Purpose:
To make the house legally nonconforming so a conforming deck can be
constructed onto the rear of the house.
The petition was in order and surrounding property owners were notified of the request for
variances. Mr. Flower was present to answer questions. Staff Liaison Mark Grimes gave a brief
summary of the requests commenting thatthe variances being requested were very minimal. The
Board agreed with this comment. Mr. Grimes also commented that staff agreed to let Mr. Flower
begin construction of a deck after the City received a "Hold Harmless" letter which stated that Mr.
Flower would remove the deck if the variances were not granted.
MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the following
requests for waiver of variances of Section 11.21: Subd. 7(A) front yard setback for .6 feet off the
required 25 feet to a distance of 24.4 feet and 7(C)(2) side yard setback of .75 feet off the required
12.75 feet to a distance of 12 feet on the north side. These variances would make the existing
house legally nonconforming so the applicant can construct a conforming deck onto the rear of the
house.
6916 Winsdale Street North (95-11-41)
Barbara L. Ego
Request:
Waiver of Section 11.21, Subd. 7(A) Front Setback -- 1.1 feet off the
required 32.1 feet to a distance of 31 feet (for the existing house); and
Waiver of Section 11.21, Subd. 7(C){3) Side Yard Setback -- .60 feet off the
required 5 feet to a distance of 4.40 feet (for the proposed addition).
Purpose:
To make the house legally nonconforming and to allow for the construction
of a nonconforming addition onto the rear of the house.
The petition was in order and all adjoining property owners were notified of the variance request.
. Ms. Ego was present to answer questions. Staff Liaison Mark Grimes gave a brief summary of the
request commenting on staff's review of the survey revealed that an additional 1.1 foot variance
was needed for the front setback. A previous variance was granted for a front setback on May 13,
1986 for 2.9 feet to a distance of 32.1 feet. Staff determined the correct setback should be 31
feet. Mr. Grimes also commented that the proposed addition, onto the rear of the house, may not
go any further into the side setback than .60 feet. At the time the variance application was
submitted, Ms. Ego was not sure of the exact length of the addition. Staff is recommending that
the applicant maintain a 4.4 setback along the west property line when building the addition.
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Minutes of the Board of Zoning Appeals
November 14, 1995
Page Three
MOVED by Polachek, seconded by Shaffer and motion carried unanimously to approve the
following requests for waiver of variances of Section 11.21: Subd. 7(A) front setback of 1.1 feet off
the required 32.1 feet to a distance of 31 feet for the existing house; and Subd. 7(C)(3) side yard
setbacks of .60 feet off the required 5 feet to a distance of 4.40 feet for the proposed addition. The
variances would make the existing house legally nonconforming and permit the addition, on the
west side of the house, to go no further than .60 feet into the side setback on the northwest side.
801 Parkview Terrace (95-11-42)
Fred Steaderman
Request:
Waiver of Section 11.21, Subd. 7(A) Front Setback -- 8 feet off the required
28 feet to a distance of 20 feet (for the existing house); and
Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback - 7.55 feet off the
required 13.55 feet to a distance of 6 feet for the proposed deck and three-
season porch on the northeast side of the house gru;l. 2.55 feet off the
required 13.55 feet to a distance of 11 feet for the nonconforming brick
structure located on the east side of the house.
Purpose:
To make the house legally nonconforming and to allow for the construction
of a nonconforming three-season porch and decking.
The petition was in order and all adjoining property owners were notified of the variance requests.
The builder for Mr. Steaderman was available to answer questions. Staff Liaison Mark Grimes
gave a brief summary of his report briefly commenting on the discrepancy of the survey for the
front setback. Staff believes the setback granted in July, 1971 for 7 feet off the request 35 feet to
a distance of 28 feet is correct. The survey shows the house being 20 feet from the front property
line. Chair Swedberg commented on the property being difficult to build on due to the terrain of
the land in the rear, which drops off dramatically to the rear of the lot.
MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the following
requests for waiver of variances of Section 11.21: Subd. 7(A) front setback for 8 feet off the
required 28 feet to a distance of 20 feet for the existing house; and Subd. 7(C)(2) side yard
setback of 7.55 feet off the required 13.55 feet to a distance of 6 feet for the proposed deck and
three-season porch on the northeast side of the house and 2.55 feet off the required 13.55 feet to
a distance of 11 feet for the nonconforming brick structure on the east side of the house. The
variances would make the existing house and also the proposed addition on the northeast side of
the house legally nonconforming.
1725 North Lilac Drive (95-11-43)
David Lundstrom (Cobacabana Apartments)
Request:
Waiver of Section 11.25, Subd. 5 Front Yard Requirements
Purpose:
To allow for a 16 unit-addition to be added to the existing 31-unit apartment.
MOVED by Polachek, seconded by Sell to put the Lundstrom request on the agenda asa carry-
over item from the September 12, 1995 Board of Zoning Appeals meeting.
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Minutes of the Board of Zoning Appeals
November 14, 1995
Page Four
At the September 12, 1995 BZA meeting, the Board approved several variances to allow for an
addition to the existing apartment building. The Board asked staff to verify the location of an
existing sewer easement over the north portion of the proposed addition. It was determined that
the proposed building would be located in the easement so the addition would have to be altered
or moved. Mr. Lundstrom, owner of the building, brought back a new plan to staff moving the
addition to the south by 5 feet in order to get the addition out of the easement. This requires that
the setback variance from St. Croix Avenue be increased from 20 feet to 25 feet. Also, the BZA
requested that the number of garage units be increased from 10 stalls to 17 stalls. This increase
in the size of the garages will encroach on the front yard setback on the Lilac Lane side. The
garage stall would be as close as 20 feet to Lilac Drive North rather than the required 35 feet.
Because of this increase in the number of garages, the off-street parking spaces along the west
side of the apartment building were eliminated in the new plan.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the waiver of
variances (Section 11.25, Subd. 5) for front yard setbacks to allow for a 16-unit expansion of the
Cobacabana Apartments. The variances will allow a 17 -stall parking garage along the east
property line to within 20 feet of Lilac Drive North and allow for a parking area/driveway south of
the addition to be within 10 feet of the property line (St. Croix Avenue).
(Note: The variances granted at the Board of Zoning Appeals meeting of September 12, 1995
remain valid.)
III. Other Business
A. Review of By-Laws - Article III.
Staff is requesting that the BZA By-Laws be changed to reflect a due date for applications to be 15
working days before an Board of Zoning Appeals meeting instead of the now required 12 working
days. The three extra days will give staff more time to review applications, do site visitation and
work with the applicant if any changes need to be made.
MOVED by Polachek, seconded by Swedberg and motion carried unanimously to amend the By-
Laws of the Board of Zoning Appeals to reflect the application due date 15 workings days before a
BZA meeting. This amendment is subject to the approval of a City Code amendment to Section
11.90. Subd. 4(C)(1) - Procedures.
B. Update of Community Standards Task Force Meetings
Chair Swedberg reported on meetings he attended as a member of the Community Standards
Task Force. He requested a copy of the report be sent to members of the Board of Zoning
Appeals.
IV. Adjournment
Chair Swedberg adjourned the meeting at 8:30 PM.
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Mahlo" Swedberg, C . "
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Mark Grimes, Staff Liaison