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11-26-96 BZA Minutes I I I 1.463 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals November 26, 1996 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, November 26, 1996, in the Golden Valley City Hall Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. 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 - October 22, 1996 MOVED by Pentel, seconded by Sell, and motion carried unanimously to approve the minutes of October 22, 1996 as submitted. II. The Petitions are -- 2625 Perry Avenue North (96-11-40) Charles and Jeannie Boldt Request: Waiver of Section 11.21, Subd. 7(C)(1) Side Yard Setback -- 1.25 feet off the required 15 feet to a distance of 13.75 for the existing house on the north side; and 9 feet off the required 15 feet t0a distance of 6 feet for the proposed garage addition. Purpose: To allow for the construction of a nonconforming garage addition. Staff Liaison Mark Grimes commented that the proposed garage plan will blend in with the existing garage. He continued by saying this garage addition does not extend all the way to the end of the existing house because of the living area to the rear of the existing garage. Charles and Jeannie Boldt were in attendance and were asked if they had any comments. Charles Boldt commented that the proposed garage addition will improve the quality of life for them and be in character with the other homes in the neighborhood. Mr. Boldt also clarified that the letter sent to his neighbor from the City of Golden Valley stated that the distance to the lot line would be 4.5 feet which is incorrect; the distance will be 6 feet. Member Swedberg asked for clarification of the size of the finished garage and added that the Board looks favorably at two-stall garages if they can be built or expanded within reasonable bounds. Mr. Boldt answered that the garage is currently 15.6 feet wide and the request will add 9 feet making the width 24.9 feet. :1464 Minutes of the Board of Zoning Appeals November 26, 1996 Page 2 Member Swedberg questioned the depth of the proposed garage addition and remarked 1 that there would not be room for storage since the addition is two feet shorter than the current garage. He suggested that the applicants may want to extend the depth and perhaps reduce the width. The applicants responded that they had considered this option, but because the house angles toward the side yard, they did not want to get closer than five feet to the property line. Member Swedberg stated that the finished width of 24.6 feet is 2.5 feet wider than the usual two-stall garage. Planning Commission Representative Pentel commented that with the extra width there should be more useable space for storage along the side of the garage and that she had no problem with the plan as presented. Member Sell asked if the finished garage would be one open space or divided. The applicants responded that it would be one space. Staff Liaison Grimes explained that the door will be in the center of the space. Member Sell suggested that if the door is moved closer to the north end of the garage, the inside space would be more useable because one side of the garage will be longer than the other. The applicants replied that the scope of the project changes if the door moves. Member Sell emphasized that he was looking for a way to get the greatest utility from the garage. He added that the objective of the BZA is to end up with the most useable space with the smallest possible variance. 1 The Boldts said that they want to get as close as possible to 440 square feet which is the usual square footage of a two-stall garage. Member Shaffer stated that the existing garage is smaller than usual and the proposed plan will allow storage and ample space for two vehicles. MOVED by Shaffer, seconded by Pentel, and motion carried unanimously to grant a waiver of Section 11.21, Subd. 7 (C)( 1) Side Yard Setback for 1.25 feet off the required 15 feet to a distance of 13.75 for the existing house on the north side; and 9 feet off the required 15 feet to a distance of 6 feet for the proposed nonconforming garage addition. 3333 Kyle Avenue North (96-11-41) Donald A. Roehl, Jr. Request: Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback -- 6.3 feet off the required 12 feet to a distance of 5.7 feet for the proposed deck closest to the south property line; and Waiver of Section 11.21, Subd. 12 Accessory Buildings -- 1.2 feet off I. the required 5 feet to a distance of 3.8 feet for the existing shed on the south property line. :1465 Minutes of the Board of Zoning Appeals November 26, 1996 Page 3 I Purpose: To allow for the construction of a nonconforming deck onto the rear of the house. Staff Liaison Mark Grimes explained that a variance was granted in March of 1985 for a garage addition on the north side. The variance was approved and the garage was constructed. This past summer, the applicant added a conforming three-season porch onto the rear of the house. Staff Liaison Grimes commented that the request for a deck is a continuation of those projects. Staff Liaison Grimes noted the shed in the rear yard on the north side is not within the setback to the west or north. Mr. Roehl told the Board that when he constructed the shed on the south side, he had asked his neighbor where the lot line was located. The neighbor was incorrect in his calculation and the shed was built 3.8 feet from the property line. MOVED by Swedberg, seconded by Sell and motion carried unanimously to approve a waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback for 6.3 feet off the required 12 feet to a distance of 5.7 feet for the proposed nonconforming deck onto the rear of the house; and a waiver of Section 11.21, Subd. 12 Accessory Buildings for 1.2 feet off the required 5 feet to a distance of 3.8 feet for the existing shed on the south side of the lot. I Mr. Roehl asked if he could now get a building pennit and was told yes. 1625 Independence Avenue North (96-11-42) Dean J. Hoard for the Estate of Elizabeth A. Hoard Request: Waiver of Section 11.21, Subd. 7(C)(3) Side Yard Setback -- 1.51 feet off the required 6.11 feet to a distance of 4.6 feet for the existing house on the north side; and 2 inches off the required 6.11 feet to a distance of 6.09 feet for the existing deck. Purpose: To make the house and deck legally nonconforming so the owner can sell the property. Staff Liaison Mark Grimes commented that the Hoard estate owns both lots and wants to sell Lot 2 which includes a house and deck. The existing deck crosses over onto Lot 1, thereby making the lots nonconforming. Mr. Hoard, the representative for the Hoard Estate, agreed to alter a portion of the existing deck so it would not cross the property line. Staff Liaison Grimes commented on the lot being narrow (61 feet), and said that it is impossible to place any kind of landing on this side of the house and make it conforming. I 1.466 Minutes of the Board of Zoning Appeals November 26, 1996 Page 4 He also commented that the existing house is also nonconforming. Staff Liaison Grimes I told the Board that Lot 1 is a buildable lot even though it is narrow; it will allow for a house .. of 22 feet in width without a variance. Member Sell asked if the lot line could be moved reducing Lot 1 by five feet and adding that portion of land to Lot 2. Staff Liaison Grimes responded that the City does not allow subdivisions of nonconforming lots. Member Swedberg believes that the Board is between a rock and a hard place with this request. He continued by saying that the person who buys the house on Lot 2, will know that another house will be built on Lot 1. Member Swedberg believes that the buyer of Lot 1 will probably request a variance to build a larger home. He continued commenting that the Board could deny this request and force this Lot 1 to remain vacant which would mean the existing house would be located on a much larger lot than others in the area. Planning Commission Representative Pentel said that she approves of the request as submitted. MOVED by Pentel, seconded by Sell and motion carried unanimously to approve a waiver of Section 11.21, Subd. 7(C)(3) Side Yard Setback for 1.51 feet off the required 6.11 feet to a distance of 4.6 feet for the existing house on the north side; and 2 inches off the required 6.11 feet to a distance of 6.09 feet for the existing deck; this will bring the deck 2 inches from the property line. It was also noted by Member Sell that the approval was contingent on the removal of the shed on Lot 1. I Mr. Hoard commented that the house has been empty for a year and a half and he now has a buyer for the house. He agreed that the shed would be removed. Mike Raetz, the potential buyer of the house, asked if the lot and house are now legal. Chair Polachek answered that the house is now legally nonconforming. Mr. Raetz also asked for clarification of where a house could be built on Lot 1 and Staff Liaison Grimes explained this to him~ 211 Paisley Lane (96-11-43) Philip Solem Request: Waiver of Section 11.21 , Subd. 7(A) Front Yard Setback -- 1.5 feet off the required 35 feet to a distance of 33.5 feet for the existing structure; and Waiver of Section 11.21, Subd. 12 Accessory Buildings -- 3.5 feet off I the required 5 feet to a distance of 1.5 feet for the existing shed on the west property line. I I I 1467 Minutes of the Board of Zoning Appeals November 26. 1996 Page 5 Purpose: To make the house and shed legally nonconforming. Staff Liaison Mark Grimes explained to the Board that the Solems wanted to begin construction of a proposed underground addition before the November 26 meeting date. Staff reviewed their proposal and told the Solem's builder that the applicant would need a variance for the proposed underground room addition and for an existing cantilever on the east side of the house. The builder talked with his client and reported to staff that the applicant has agreed to move the underground room addition so it would not infringe on the side yard setback area. Staff Liaison Grimes commented that staff agreed to accept a "Hold Harmless" letter with the understanding that the applicant would have the west lot line surveyed so staff would know how far the addition was from the lot line; the shed would be moved five feet from the property line and the three-season porch would be removed from the west side of the house. The Solems would need to apply for a variance for the nonconforming cantilever facing Paisley Lane. Staff Liaison Grimes said that the applicant, in his request for a front setback variance is also requesting a variance from Subd. 12 for accessory buildings. He would like the shed to remain where it now stands. It was noted that the applicant was not present at the meeting. The Board believed that the issues at hand were minor and instead of continuing this item to the next meeting discussed the minor issues and granted the variances. MOVED by Sell, seconded by Swedberg and motion carried unanimously to approve a waiver of Section 11.21, Subd. 7(A) Front Yard Setback for 1.5 feet off the required 35 feet to a distance of 33.5 feet for the existing structure facing Paisley Lane; and a waiver of Section 11.21. Subd. 12 Accessory Buildings for 3.5 feet off the required 5 feet to a distance of 1.5 feet for the existing shed on the west property line. III. Other Business A. 7400 Western Avenue (96-8-24) Byron and Debra Wieberdink. Applicants (Requesting a six month extension before returning to the Board of Zoning Appeals with a revised plan.) Staff Liaison Mark Grimes explained to the Board that the Wieberdinks are planning to present a plan which would have a deck attached to the east (rear) side of the house rather than to the north side. They would like to present this plan at the May meeting. 1468 Minutes of the Board of Zoning Appeals November 26, 1996 Page 6 MOVED by Swedberg, seconded by Pentel and motion carried unanimously I. to extend the proposed deck request for six months. B. Member Swedberg requested that future minutes attribute discussion to the person who made the statement. Member Sell agreed with Member Swedberg's comment. MOVED by Swedberg, seconded by Sell and motion carried unanimously to change the format of the minutes to include attribution of the speaker. C. Chair Polachek reminded the Board that the next BZA meeting would be held on Tuesday, December 17, 1996. V. Adjournment Chair Polachek adjourned the meeting at 7:50pm. i.;~ Herb Polachek, Chair /I~~ Mark Grimes, Staff Liaison I I