10-22-96 BZA Minutes
.1458
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
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October 22, 1996
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday,
October 22, 1996, in the Golden Valley City Hall Council Chambers, 7800 Golden Valley
Road, Golden Valley, MN. Chair Herb Polachek called the meeting to order at 7pm.
Those present were: Chair Herb Polachek; Members Mike Sell, Robert Shaffer, and
Mahlon Swedberg; and Planning Commission representative Paula Pentel. Also present
were Staff Liaison Mark Grimes and Recording Secretary Eve Lomaistro.
I. Approval of Minutes - September 24, 1996
MOVED by Swedberg, seconded by Sell and motion carried unanimously to approve the
minutes of September 24, 1996 as submitted.
II. Old Business --
108 Turnpike Road (96-9-33)
Tarald O. and Amy V. Kvalseth
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Request:
Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 4 feet off
the required 34.60 feet to a distance of 30.60 feet for the proposed
garage addition; and
Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback -- 2.72
feet off the required 11.25 feet to a distance of 8.53 feet for the
proposed garage addition on the south side of the house; and
Waiver of Section 11.21, Subd. 9 Cornices and Eaves -- to allow for
the overhang to project into the front setback by an additional 30
inches.
Purpose:
To allow for the construction of a garage to the front and side of the
existing house and for the construction of a 5' x 9' overhang over the
front steps.
Staff Liaison Mark Grimes reminded the Board that the applicants appeared before the
Board last month, at which time a request for a much larger variance was deferred. At
the September meeting, the Board suggested that the Kvalseths review alternatives for a I
proposed garage. The applicants have submitted a revised drawing showing the pro-
posed garage coming out approximately 4 feet into the front setback and are requesting .
the same amount of setback from the side yard as previously proposed.
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Minutes of the Board of Zoning Appeals
October 22, 1996
Page 2
The applicant, Amy Kvalseth, presented a drawing showing the new design.
The Board recognized the applicant's sincere good faith in attempting to comply with the
City's ordinances and complimented her on the revised design.
MOVED by Swedberg, seconded by Sell and motion carried unanimously to grant the
waiver from Section 11.21, Subd. 7(A) Front Yard Setback for 4 feet off the required
34.60 feet to a distance of 30.60 feet for the proposed garage addition; and waiver of
Section 11.21, Subd. 7(C)(2) Side Yard Setback for 2.72 feet off the required 11.25 feet
to a distance of 8.53 feet for the proposed garage addition onto the existing garage on
the south side.
The Board discussed the request for an additional 30 inches into the front setback for an
overhang and recognized that it was not necessary. It was believed that the overhang
over the front entrance is part of the proposed garage roof line and therefore Subd. 9 was
omitted from consideration.
Ms. Kvalseth thanked the Board for its suggestions last month. Chair Polachek
commended Ms. Kvalseth for her good faith effort in coming up with a better plan.
III.
The Petitions are --
8025 Plymouth Avenue North (96-10-36)
Ann and Rob Little
Request:
Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback -- 7.6 feet
off the required 12 feet to a distance of 4.4 feet for the proposed
deck.
Purpose:
To allow for the construction of a nonconforming tuck-under garage
stall addition on the west side of the house.
Staff Liaison Mark Grimes explained that adding a tuck-under garage addition next to the
existing garage was the most acceptable plan due to the difficult topography on either
side of the house. He commented that the applicants are proposing to build the garage
addition into the hill. The area above the proposed garage would remain open with a
railing around it. The applicants are also proposing to erect a privacy fence along the
west property line. They have spoken with their neighbor about the fencing and staff
instructed the applicants to talk with the Inspections Department concerning the height
and distance from the property line.
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MOVED by Shaffer, seconded by Sell and motion carried unanimously to approve the
waiver from Section 11.21, Subd. 7(C)(2) Side Yard Setback for 7.6 feet off the required
12 feet to a distance of 4.4 feet for the proposed tuck-under garage addition on the west
side of the building.
2240 Cavell Avenue North (96-10-37)
John E. O'Neil
Request:
Waiver of Section 11.21, Subd. 7(B) Rear Yard Setback - 4.4 feet off
the required 25.2 feet to a distance of 20.8 feet for the existing house
on the south side.
Purpose:
To allow for the construction of a conforming three-season porch
onto the southeast side of the house.
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Staff Liaison Mark Grimes told the Board that the applicant's request is very straight
forward because this is a request to make the existing house legally nonconforming in
order that a conforming addition may be added to the house.
The Board asked Mr. O'Neil about the existing structure currently located where he plans
to construct a permanent three-season porch. Mr. O'Neil said that he would be removing
the screened structure.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
waiver from Section 11.21, Subd. 7(B) Rear Yard Setback for 4.4 feet off the required
25.2 feet to a distance of 20.8 feet for the existing house on the south side of the house.
The variance will allow for the construction of a conforming three-season porch onto the
southeast side of the house.
1515 Quebec Avenue North (96-10-38)
Kristen Turbenson
Request:
Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback -- 4.5 feet
off the required 13.5 feet to a distance of 9 feet for the existing house
on the north side.
Purpose:
To make the house legally nonconforming so the applicant can
construct a conforming breezeway between the garage and house.
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Minutes of the Board of Zoning Appeals
October 22, 1996
Page 4
Staff Liaison Mark Grimes told the Board that the proposed breezeway, which will connect
the garage and house, will make the existing garage conforming. The existing garage is
located to side of the house and approximately eight feet away. Garages that are
detached from the house must be behind the house and at least ten feet away.
The Board asked Ms. Turbenson about the wall between the house and the proposed
breezeway. She replied that it is currently stucco but will be replaced with a fire wall.
MOVED by Pentel, seconded by Sell and motion carried unanimously to approve the
waiver from Section 11.21, Subd. 7(C)(2) Side Yard Setback for 4.5 feet off the required
13.5 feet to a distance of 9 feet for the existing house on the north side. The variance will
make the house legally nonconforming so the applicant can construct a conforming
breezeway between the garage and house. .
1307 June Avenue South (96-10-39)
Eleanor Yager for Dolores E. Zahrendt
Request:
Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- .83 feet
off the required 35 feet to a distance of 34.17 feet for the existing
house.
Purpose:
To make the house legally nonconforming which will allow for the
applicant to proceed to the City Council with a Minor Subdivision
request.
Staff Liaison Mark Grimes explained that the applicant, who owns Lots 13 and 14, wants
to sell Lot 13 which is quite small. He told the Board that the applicant's representatives
have appeared before the Planning Commission with a Minor Subdivision request to add
approximately 1650 sq.ft. from Lot 14 (1307 June Avenue South) to Lot 13 which would
make it larger in order to accommodate a more normal size house. Staff Liaison Grimes
said that this request will go before the City Council, at its meeting of November 6, as a
Minor Subdivision request. He noted that the variance for the front setback is the only
waiver needed to make 1307 June Avenue South legally nonconforming. Mr. Grimes
added that if the Board grants the request, staff would like it to be made clear to the
purchaser that there are limitations of building a house on Lot 13.
The Board asked the representatives for the applicant if the buyer of the vacant property
recognizes that further variances would probably not be viewed positively by the BZA,
and that it will take creativity to build on this lot even with the additional 1650 sq.ft. The
representatives answered that the lot has not been listed yet and when it is it, they will
make mention of the limitations of building on the lot.
The Board stressed that further variances on this lot would not be entertained favorably.
Further, the Board would like the City Council to know its feelings on this situation.
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Minutes of the Board of Zoning Appeals
October 22, 1996
Page 5
MOVED by Pentel, seconded by Sell and motion carried unanimously to approve the I
waiver from Section 11.21, Subd. 7(A) Front Yard Setback for .83 feet off the required 35
feet to a distance of 34.17 feet for the existing house. The waiver makes the house
legally nonconforming which will allow for the applicant to proceed to the City Council with
a Minor Subdivision request.
IV. Other Business
No other business was presented.
V. Adjournment
;;;:ed the meeting at 7:35P~i:
Herb Polachek, Chair
Mark Grimes, Staff Liaison
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