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07-22-97 BZA Minutes , t , 1547 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals July 22, 1997 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, July 22, 1997, in the Golden Valley City Hall Council Chambers, 7800 Golden Valley Rd., Golden Valley, MN. Chair Robert Shaffer called the meeting to order at 7:00pm. Those present were: Chair Robert Shaffer; Members Herb Polachek, Mike Sell, 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 - June 24, 1997 MOVED by Polachek, seconded by Swedberg, and motion carried unanimously to approve the minutes of the June 24, 1997 meeting as submitted. II. The Petitions: 5332 33rd Avenue North (Map 3) (97-7-30) Dennis and Gloria Friske Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- .23 feet off the required 35 feet to a distance of 34.77 feet for the existing house; and Waiver of Section 11.21, Subd. 12 Accessory Buildings -- 3 feet off the required 35 feet to a distance of 32 feet for the proposed garage at the south end of the lot. Purpose: To allow for the construction of a non-conforming detached garage at the south end of the lot. Dennis and Gloria Friske were in attendance. Staff Liaison Mark Grimes stated that there are two requests. The first is to bring the existing two family dwelling into conformity. The structure was built at 34.77 feet from the street rather than the required 35 feet. The second variance is for the placement of the accessory building which would be used as a garage. A concrete slab was poured several years ago. The slab is approximately 32 feet from the street property line. The slab is currently being used to store vehicles and equipment. Pentel asked if there would be a driveway and Grimes answered yes. Grimes said the neighbors are in favor of both variances. Grimes suggested that the Board ask the applicants about the shed in the rear yard. 1548 Minutes of the Board of Zoning Appeals July 22, 1997 Page 2 Mr. Friske came forward and stated that the shed would be removed when the garage is , built. Swedberg asked what type of use he planned for the garage and Friske answered that it would be the normal use of one vehicle going out and back once a day. Swedberg asked if Friske is the owner of the house and Friske answered yes. Swedberg clarified that the applicants live in 5332 and another family rents 5330. The garage would be on the 5330 side. Sell stated that he sees no other place for the garage and the concrete is already there. MOVED by Sell, seconded by Pentel and motion carried unanimously to grant the variances as requested. 7320 Half Moon Drive (Map 17) (97-7-31) GreQ and Shari Keivit Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 7.94 feet off the required 35 feet to a distance of 27.06 feet for the existing house at its closest point to the property line on Half Moon Drive; and Waiver of Section 11.21, Subd. 7(C)(1) Side Yard Setback -- 1.22 feet t off the required 15 feet to a distance of 13.78 feet for the existing ! house on the east side. Purpose: To allow for the construction of a conforming screened-in porch on the rear (north side) of the house. Greg and Shari Keivit were in attendance Grimes explained that the house was built 27 feet of Half Moon Drive when 35 feet was required and 13.78 feet of the side property line when 15 feet was required. He said that there were no records in the Building Department files noting why this house was built too close to the street in 1959. Shaffer stated that this is an administrative matter and Grimes agreed. Swedberg asked if there had been a similar request nearby and Grimes stated that if so, it was before he started working with the Board. Pentel stated that this is mainly a housekeeping. item. MOVED by Pentel, seconded by Polachek and motion carried unanimously to approve the .~. variances as requested. .. r t , J ~ '+i Minutes of the Board of Zoning Appeals July 22, 1997 Page 3 4321 Avondale Road (Map 10) (97-7-32) Isaac and Sandra Felemovicius Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 7 feet off the required.35 feet to a distance of 28 feet for a proposed kitchen addition facing Douglas Drive. Purpose: To allow for the construction of a non-conforming addition onto the existing house. Isaac and Sandra Felemovicius were in attendance. Grimes explained that this is a triangular shaped lot with frontage on two streets. The house was built in 1970 and designed to fit exactly on the lot. Grimes said that the applications wish to expand the kitchen area and there is no where to go without a variance. The applicants have provided considerable information and plans. Sandra Felemovicius explained that the kitchen is too small for their family to all sit together at meal time and need the additional space. She noted that the kitchen is next to the garage and there isn't any other location to expand except into the setback. Swedberg asked how long they have lived there and Mrs. Felemovicius answered four years. She added that they would like to stay in their existing home but require more space to do so. Sell asked if this request is an adequate addition. The applicant answered yes. Sell asked why they decided on 20 feet when that dimension does not involve the setback. Mrs. Felemovicius said that they would use the 20 foot space between a cantilever and a patio door which will square off the structure. She added that they planned carefully to take no yard space. Shaffer stated that this request would not impose on the neighbors. Swedberg asked, to architects in general, if the small size of the kitchen was a design flaw and Shaffer answered yes. Swedberg continued that since it is a design flaw he would look favorably on the request. He added that this request is neither invasive nor destructive to the neighborhood. MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve the variances as requested. 5805 Golden Valley Road (Map 11) (97-7-33) Patrick and Connie O'Brien :1550 Minutes of the Board of Zoning Appeals July 22, 1997 Page 4 Request: Waiver of Section 11..21, Subd. 7(A) Front Yard Setback: , -- 2 feet off the required 35 feet to a distance of 33 feet for the existing house facing Golden Valley Road; and -- 4 feet off the required 35 feet to a distance of 31 feet for the proposed garage facing Golden Valley Road. Purpose: To allow for the construction of a non-conforming garage in front of the existing garage and remodel the existing garage into living space. Patrick and Connie O'Brien were in attendance. Grimes stated that the O'Brien's wish to construct a two car garage in front of their existing garage and convert the existing garage into living space. The existing house is located 33 feet from the property line. In addition, the proposed garage would be constructed 31 feet of the property line on Golden Valley Road. The request is for a minimal variance. Pentel asked if setbacks were in place when the house was built and Shaffer said that it depends on the surveyor. One survey could show one set of figures and another survey another set of figures. Pentel added that the building was constructed askew. Grimes t'; stated that verification is now required before construction to insure that the setbacks are met. Shaffer asked the applicants to come forward. Connie O'Brien stated that their plan is modeled after other homes in Golden Valley. Pentel asked if the applicants are working with an architect and they answered no, that they are working with a builder. Pentel noted that the roof lines on the drawing look awkward. The O'Brien's answered that the drawings were done by Mrs. O'Brien and were intended to be sketches only, not accurate drawings. , t It 1551 Minutes of the Board of Zoning Appeals July 22, 1997 Page 5 Pentel asked if the new garage would be wider than the existing one and was told it would be the same size. Sell asked about the tree in the front and the applicants stated that one tree would need only a branch trimmed; however, the birch, which is already split from an ice storm, may need to come down. Sell asked if the driveway is too close to the tree and Pentel answered that there is enough space for the driveway without endangering the tree. Sell commented that the roots should not be disturbed. He added that the back yard is beautiful. Pentel stated that she has no problem with the addition, as it enhances the house. MOVED by Pentel, seconded by Swedberg and motion carried unanimously to approve the variances as requested. Shaffer asked about landscaping in the front and about the huge pavement area. Patrick O'Brien stated that the driveway is currently a "parking lot" and that they inherited it that way. Although their neighbors and friends love it, they will landscape part of it. Pentel stated that driving out front first onto Golden Valley Road is an advantage. O'Brien stated that he is not certain how they will design the landscaping but they want more greenspace. Pentel stated that with a brick or block driveway it could continue into a courtyard and be an amenity. Mr. O'Brien stated that they will probably take out most of the black top and add landscaping. Grimes stated that there is not much the BZA can do about the landscaping ~ it is up to the City engineer. Grimes asked what the plan is for sidewalks. Connie O'Brien answered that there is supposed to be a five year plan. Pentel stated that the sidewalk is temporary on Golden Valley Road. Swedberg asked if the present garage is excavated below and the owners answered no, and the new one wouldn't be either, although they may take it down a step. Connie O'Brien stated that the overhangs are currently 36 inches and asked if that is a problem. Shaffer responded that 30 inches are allowed for overhangs so they must plan the construction with that in mind. Swedberg stated that it is good to ask now. The owners stated that they want to address the issues before construction. III. Other Business Shaffer asked about the FluiQyne property and was told that the City did not approve the rezoning. Pentel stated that granted variances last one year and if there is no construction by that time the property reverts back. Sell commented that he thought that the recent proposal was a good solution with a good business. Grimes stated that there will probably be additional discussion on the issue. 1552 Minutes of the Board of Zoning Appeals July 22, 1997 - Page 6 Shaffer adjourned the meeting at 7:35pm. , IV. Adjournment Mark Grimes, Staff Liaison t ~