02-13-96 BZA Minutes
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1411
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
February 13, 1996
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, February
13,1996, in the Council Conference Room, City Hall, 7800 Golden Valley Road, Golden Valley,
MN. Chair Mahlon Swedberg called the meeting to order at 7:00 PM.
Those present were: Chair Mahlon Swedberg, Members Paula Pentel, Herb Polachek, Robert
Shaffer, and Alternate Linda McCracken-Hunt. Also present were Staff Liaison Mark Grimes,
Golden Valley Chief Fire Inspector Mark Kuhnly, and Recording Secretary Eve Lomaistro.
I. Approval of Minutes - December 12,1995.
MOVED by Polachek, seconded by Pentel, and carried unanimously to approve the minutes of the
December 12, 1995, meeting as submitted.
II. The Petitions:
1115 Hampshire Avenue North (96-2-1)
Kevin and Isabel O'Brien
Request:
Waiver of Section 11.21, Subd, 7(A) Front Setback -- 10.9 feet off the
required 35 feet to a distance of 24.1 feet for the existing non-conforming
house; and
Waiver of Section 11.21, Subd. 7(A) Front Setback -- 9.2 feet off the required
35 feet to a distance of 25.8 feet for the proposed garage addition; and
Waiver of Section 11.21, Subd. 7(C)(1) Side Yard Setback -- 5.3 feet off the
required 15 feet to a distance of 9.7 feet for the existing house on the south
side. .
Purpose:
To make the house legally non-conforming so the applicants can construct a
single car garage addition onto the existing garage.
Mark Grimes explained the request. Kevin O'Brien was in attendance and stated that the house
was purchased last summer. Mr. O'Brien showed a photo of the house. The Board asked
questions of Mr. O'Brien and discussed the request.
MOVED by Polachek, seconded by Pentel, and motion carried unanimously to approve the three
variances as requested.
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Minutes of the Board of Zoning Appeals
February 13, 1996
Page Two
5120 Circle Down (96-2-2)
Don Taylor and Chuck Burrill
Request:
Waiver of Section 11.21, Subd. 7(C)(1) Side Yard Setback -- 3.5 feet off the
required 15 feet to a distance of 11.5 feet for the existing non-conforming
house.
Purpose:
To make the house legally non-conforming so the applicants can construct
an addition onto the rear of the house.
Mark Grimes stated that the change will not be seen from the street. The owners were in
attendance and asked why the variance was necessary. The chair explained that declaring the
house legally non-conforming is for the benefit of the owners.
MOVED by McCracken-Hunt, seconded by Shaffer, and motion carried unanimously to approve the
request for a wavier of Section 11.21, Subd. 7(C)(1) side yard setback for 3.5 feet off the required
15 feet to a distance of 11.5 feet to make the existing structure legally non-conforming.
Item 96-2-5 was taken at this time due to Mark Kuhnly's tight schedule.
120 King Hill Road (96-2-5)
Philip and Gina Carlson
Request:
Waiver of Section 11.21, Subd. 9 Cornices and Eaves -- cornices and eaves
may not project more than thirty inches into a required open space or
setback -- 6 inch variance for the eaves facing King Hill Road and Glenwood
Avenue.
Purpose:
To allow 6 inches of the 36 inch eaves to remain in the setback area so the
applicants can obtain an occupancy permit.
Mark Kuhnly, Chief of Fire and Inspection, explained that the original plans submitted to the
Building Department did not indicate the size of the overhangs. Inspections did not find the non-
conformity until they visited the site. The Board discussed the request in detail. Mr. Carlson stated
that when the land was first subdivided, it was difficult to meet the set back requirement and the
house was designed to the edge. Originally there was no overhang over the entrance. Engineers
designed the overhang to make architectural sense without checking the City code. The Board
questioned him about the situation.
Mark Grimes and the Board pointed out that there are other options to make the house conform.
The Board stressed that this was bad planning and should never have happened.
Mr. Carlson, both the owner and the builder, plans to live in the house. He thought the eaves were
in compliance until the survey was completed. The house is also tipped a bit although it was not
planned that way.
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Minutes of the Board of Zoning Appeals
February 13, 1996
Page Three
MOVED by McCracken-Hunt, seconded by Pentel and motion carried unanimously to approve the
waiver of Section 11.21, Subd. 9 to allow for 6 inches of the 36 inch eaves to remain in the setback
area, even though the Board found this situation unfortunate.
1446 Rhode Island Avenue North (96-2-3)
Paul Svensson
Request:
Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 22.9 feet off the
required 35 feet to a distance of 12.1 feet for the proposed upper level
addition; and
Waiver of Section 11.21, Subd. 12 Accessory Buildings -- 32.3 feet off the
required 35 feet to a distance of 2.7 feet for the play house on Winsdale; and
Waiver of Section 11.21, Subd, 12 Accessory Buildings -- 3.3 feet off the
required 5 feet to a distance of 1.7 feet for the play house to the rear lot line;
and
Waiver of Section 11.90, Subd. 2 Non-Conforming Uses -- City Code states
that a non-conforming use shall not be enlarged, expanded, extended, or
otherwise altered in scope, character, or in physical dimensions.
Purpose:
To make the play house legally non-conforming; to address the potential
impact of the proposed upper level addition may have on the neighborhood;
and to review if the proposed upper level addition may jut out over the
required setbacks.
Mark Grimes gave a brief summary of why the variances are being requested for this piece of
property. A variance in 1981 was granted with the condition that the detached garage be removed
when the proposed attached garage was built. The owners are requesting variances to make the
play house legally non-conforming and add a second story addition to the home.
The Board asked questions of the owner, Paul Svensson, and discussed the issues.
Regarding the second story addition to the house, the owner explained that Winsdale is a hill and
the rear roof of his house is level with Winsdale. All the houses around his are two-story except
one house to the south, which is one-story. The addition would not affect the sun or space of the
neighbors.
MOVED by Shaffer, seconded by Polachek and motion carried unanimously to approve the request
for a waiver of Section 11.21, Subd. 7(A) Front Setback for 24.0 feet off the required 35 feet to a
distance of 11.0 feet for the proposed upper level addition; and to approve a request for a waiver of
Section 11.90, Subd. 2 noting that the proposed upper level addition should not have an impact on
the surrounding neighborhood.
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Minutes of the Board of Zoning Appeals
February 13. 1996
Page Four
Mark Grimes briefly talked about the requested variances for the play house from Winsdale and the
rear lot line. The play house is from a small portion of the original garage on the site. The
detached garage was to be demolished when the attached garage was added in 1981.
The owner stated that it is both a play house and a storage shed. He indicated that because the
yard is so small. the play house is the only place for his children to play. He also stated that the
structure is not finished.
The Board discussed the issue at length and looked at a numberof options.
MOVED by Polachek to grant a variance if the roof of the play house is lowered not to exceed the
height of the existing fence. The motion died for a lack of a second.
MOVED by McCracken-Hunt, seconded by Shaffer to layover the issue for a month to give the
City Inspector and Planning Department an opportunity to review the property and make
suggestions. The vote was 1 aye and 3 nay. The motion failed.
MOVED by Shaffer, seconded by Polachek and motion carried unanimously to approve the wavier
of Section 11.21, Subd. 12 (Accessory Buildings) for 3.3 feet off the required 5 feet to a distance of
1.7 feet to the rear lot line and 32.3 feet off the required 35 feet to a distance 2.7 feet from
Windsale Street for the play house thereby permitting the blocks that act as a retaining wall to
remain with the condition that the height of the structure be cut down to level with the height of the
existing fence.
329 Edgewood Avenue North (96-2-4)
Leonard Vick
Request:
Waiver of Section 11.21. Subd. 7(A) Front Yard Setback -- 2.05 feet off the
required 35 feet to a distance of 32.95 feet.
Purpose:
To make the house legally non-conforming so a four-season room can be
constructed onto the rear of the house.
Mark Grimes clarified that the house was probably in compliance when it was built. The Board
discussed the request.
MOVED by Polachek, seconded by Shaffer and motion carried unanimously to approve the waiver
of Section 11.21, Subd. 7(A) for 2.05 feet off the required 35 feet to a distance of 32.95 feet so a
four-season room can be constructed onto the rear of the house.
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Minutes of the Board of Zoning Appeals
February 13, 1996
Page Five
8100 Wayzata Blvd. (96-2-6)
Minnesota Professional Fire Fighters
Request:
Waiver of Section 11.45, Subd. 5(A)( 1) Front Yard Setback --
a) 6 feet off the required 35 feet to a distance of 29 feet for the building at its
closest point to Wayzata Blvd.; and
b) 5 feet off the required 35 feet to a distance of 30 feet for the building at its
closest point to Field Drive; and
c) 18 feet off the required 35 feet to a distance of 17 feet for the parking lot
along Field Drive; and
d) 35 feet off the required 35 feet for the 12 parking spaces in front of the
building of Wayzata Blvd; and
Waiver of Section 11.45, Subd. 5(B)(1) Side and Rear Yard Setbacks -- 18
feet off the required 25 feet to a distance of 7 feet for the lack of adequate
landscaping on the north side of the building.
Purpose:
To make the building and parking areas legally non-conforming so a
conforming addition can be constructed onto the northeast side of the
building.
The following people were in attendance: Mike Stockstead, Director of the Minnesota Professional
Fire Fighters who own the building; Craig Moleski of Moleski Builders, contractor and tenant; and
Link Wilson and John Van Heel of Miller Hanson Westerbeck Berger, Inc., architects.
Mark Grimes explained that the owners want to build an addition onto a non-conforming building.
In the case of the non-conformities caused by taking for 1-394, the Board is obligated to approve
the request. Other variances are for the parking lot and rear green area. The most significant
setback issue is the location of a parking along Wayzata Boulevard, most of which is currently on
City right-of-way. Also, there is outside storage in the rear of the property which is illegal and
should be removed as a condition of granting the variance.
Link Wilson described the property and showed large drawings of the current building and the end
result of the renovation which is mostly interior. The number of tenants will be reduced from five to
four. The small addition in the northeast of the building will house the HVAC system. One of the
vehicles in the rear parking lot has been removed and the other will be moved after the snow melts.
In the front of the building the sidewalk would come up to ADA standards, the front would be
regraded to include a ramp; handicapped parking would be maintained.
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Minutes of the Board of Zoning Appeals
February 13, 1996
Page Six
The Board was quite concerned with the front parking area and discussed that and the other issues
at length. Mark Grimes suggested that the Golden Valley Engineering Department be asked to
review the area for indented parallel parking and a sidewalk in front of the building. Also, the
question of who owns the front easement must be clarified. Mike Stockstead made a strong appeal
for continued parking in front of the building.
MOVED by Polachek, seconded by Shaffer and motion carried unanimously to layover this request
to a special meeting to be held on Tuesday, February 20, 1996, 6:15pm.
III. Other Business
A. Discussion of changing the BZA meeting date to the fourth Tuesday of the month.
MOVED by Polachek, seconded by Shaffer and motion carried unanimously to continue this item to
the next regular meeting.
IV. Adjournment
Chair Swedberg adjourned the meeting at 9:50pm.
Ma~~
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Mark Grimes, Staff Liaison
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