05-14-96 BZA Minutes
I
I
I
14d-5
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
May 14,1996
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday,
May 14,1996, in the Council Conference Room, City Hall, 7800 Golden Valley Road,
Golden Valley, Minnesota. Chair Herb Polachek called the meeting to order at 7pm.
Those members present were: Chair Herb Polachek, Members Mahlon Swedberg, Mike
Sell, Robert Shaffer, and Planning Commission representative Gary Prazak. Also present
were Staff Liaison Mark Grimes and Recording Secretary Eve Lomaistro.
I. Approval of Minutes ~ April 9, 1996
MOVED by Swedberg, seconded by Sell, and carried unanimously to approve the April 9,
1996 minutes as submitted.
II. The Petitions are:
1304 Tyrol Trail South (96~S-1 0)
Dianne "'. Yanovic~
Request:
Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback -- 10.31
feet off the required 14.80 feet to a distance of 4.49 for the proposed
structure.
Purpose:
The applicant is proposing to. construct a solarium/screened porch on
the west side (rear) of the existing house.
Mark Grimes told the Board that they had granted a variance request a year ago to
construct a conforming structure onto the house; the house WaS found non-conforming.
The construction project from last year has not been started because the owner wants to
do the solarium/screened porch and addition at the same time. The solarium/screened
porch will go into the setback and therefore a new variance is needed. The neighbor,
most affected by the solarium/screened porch, have agreed to the request.
Dianne M. Yanovick stated that the house was built in 1938 prior to established side
setback regulations. In response to questions from the Board, Ms. Yanovick explained
that the solarium/screened porch comes in a kit which has the same width as the living
area. This new addition will be heated.
MOVED by Swedberg, seconded by Sell, and motion carried unanimously to approve the
request for waiver of Section 11.21, Subd. 7(C)(2) for 10.31 feet off the required 14.80
feet to a distance of 4.49 feetto allow for the construction of a solarium/screened porch.
1.426
Minutes of the Board of Zoning Appeals
May 14, 1996
Page Two
I
2513 Meridian Drive (96-5-11)
Patricia Jasper
Request:
Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback - 5.35 feet
off the required 11.25 feet to a distance of 5.9 feet for the existing
house on the north side; and
Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback - 4.35 feet
off the required 11.25 feet to a distance of 6.9 feet for the existing
house on the south side; and
Waiver of Section 11.21, Subd. 7(C)(2) Side Yard setback -- 4.35 feet
off the required 11.25 feet to a distance of 6.9 feet for the proposed
garage addition and workshop addition on the west and east side of
the house.
Purpose:
To make the existing house legally non-conforming and permit the
construction of the proposed additions to the west and east of the
house.
I
Mark Grimes stated that the applicant's request, to add a two-car garage and a workshop
area, is self-explanatory. Staff Liaison Grimes explained that the existing garage would
be used for storage, with a two-car garage addition to the front and a workshop area to
the rear. The garage addition will not project into the front yard setback.
Patricia Jasper was in attendance and responded to the Board during their discussions.
MOVED by Sell, seconded by Prazak, and carried unanimously to approve the requests
for the following waivers of Section 11.21, Subd. 7(C)(2) Side Yard Setback: (1) 5.35 feet
off the required 11.25 feet to a distance of 5.9 feet for the existing house on the north
side; (2) 4.35 feet off the required 11.25 feet to a distance of 6.9 feet for the existing
house on the south side; (3) 4.35 feet off the required 11.25 feet to a distance of 6.9 feet
for the proposed garage addition and workshop addition on the west and east sides of the
house.
III. Other Business
A. Review of the revised BZA application
I
The Board discussed the proposed BZA application revisions and made suggestions.
I
I
I
1427
Minutes of the Board of Zoning Appeals
May 14,1996
Page Three
B. Planning Commission Representative to the BZA
The Board discussed the issue of a representative from the Planning Commission
attending the BZA meetings. Mark Grimes read the rule from the By-Laws and indicated
that State law requires the Planning Commission to approve decisions by the BZA.
Therefore, it is easiest to have a representative from the Commission as a participant in
BZA meetings. The vice-chair of the Planning Commission, currently Paula Pentel, is the
designated representative. Ms. Pentel has stated her interest in attending as many BZA
meetings as possible. In her absence, an alternate would attend.
C. Revisit Change of Meeting Night
The Board discussed changing the meeting night as requested by Mark Grimes at its last
meeting of April 9. Mr. Grimes has to attend HRA meetings which have been changed
from 5:30pm to 7pm on the second Tuesday of each month. After some discussion, it
was agreed to change the meeting night to the fourth Tuesday beginning in August, 1996.
This will be written into the By-Laws.
D. Clean-up of By-Laws
The Board reviewed the By-Laws thoroughly and made revisions as follows:
Article II. Officers and Staffing
1. The Chairperson shall be nominated in April of each year from the four
members of the Board Of Zoning Appeals. who are appQinted by the City Council.
and elected by the members of the Board of Zoning Appeals.
~ The Vice-Chairperson of the Planning Commission shall be the fifth
member of the Board, appointed each year at the annual meeting of the Planning
Commission. Any other member of the Planning Commission may serve as an
alternate member of the Board in the absence of the Vice-Chairperson.
3. The Director of Planning and Development oOhe City of Golden Valley 9f
his/her designee shall serve as staff liaison to the Board.
Article III. Meetings
2. A regular monthly meeting of the Board of Zoning Appeals for the hearing of
cases shall be held on the fourth Tuesday of each month at 7pm unless no cases are
pending.
1428
Minutes of the Board of Zoning Appeals
May 14,1996
Page Four
I
3. Special meetings may be called by the Chairperson whenever he/she deems
the same expedient, and shall be so called whenever three members request the same iR
'::riting. Each member and affected petitioner or property owner shall be notified at least
five (5) days previous to any Special Meeting, of the time, place, and purpose of the.
same.
Article IV. Conduct of Business
t
Approval of minutes
Hearing of petitions or business carried from a previous meeting
Hearing of new petitions
Communications
Hew GtReF business or bushiness carried from a previous
meeting
Adjournment
4. ~
a. b....
9.~
G.~
Q.~
Article V. Records
5. A file of all materials (including surveys and petitions) and decisions relating to I
each case shall be filed in the Inspections Department, in the address files kept as
official records with the City.
MOVED by Prazak, seconded by Swedberg, and motion carried unanimously to adopt the
By-Law changes as indicated in bold face and underlined.
E. Reschedule June Meeting
It was determined that three members of the Board would not be able to attend the June
11 BZA meeting.
MOVED by Swedberg, seconded by Sell, and motion carried unanimously to reschedule
the June 11 meeting to June 18, 1996 due to the lack of a quorum.
V. Adjournment
~~
I
Chair Polachek adjourned the meeting at 8: 1 Opm.
Herb Polachek, Chair
Mark Grimes, Staff Liaison