Loading...
08-26-97 BZA Minutes r t , 1553 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals August 26, 1997 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, August 26, 1997, in the Golden Valley City Hall Council Chambers, 7800 Golden Valley Road, Golden Valley, MN. Chair Shaffer called the meeting to order at 7pm. Those present were: Chair Robert Shaffer; Member Mahlon Swedberg; and Planning Commission Representative Paula Pentel. Also present were Staff Liaison Mark Grimes and Recording Secretary Eve Lomaistro. I. Approval of Minutes - July 22, 1997 MOVED by Swedberg. seconded by Pentel and motion carried unanimously to approve the minutes of the July 22, 1997 as submitted. II. The Petitions: 5001 Culver Road (Map 4) (97-8-34) Joseph A. Goolev Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- .2 feet off the required 35 feet to a distance of 34.8 feet for the existing house facing Culver Road; and Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 6.6 feet off the required 35 feet to a distance of 28.4 feet for the existing house facing Quail Avenue; and Waiver of Section 11.21, Subd. 12 Accessory Buildings -- 25 feet off the required 35 feet to a distance of 10 feet from the east property line for the proposed two-stall garage. Purpose: To allow for the construction of a detached garage at the southeast corner of the lot. Joseph Gooley was in attendance. Staff Liaison Grimes commented that this is a request for a variance to expand the existing garage. Staff noted during a site visit that the existing garage (and the proposed garage) would not be in full view because of the topography of the land off of Quail. Grimes said that the applicant wants to remove the existing one-stall garage and replace it with a two- stall garage in approximately the same location. Grimes said that the only other option for a garage, which would not require a variance, would be to tear down the existing building and put the new garage in the middle of the backyard, to meet setback requirements. 1.554 Minutes of the Board of Zoning Appeals August 26, 1997 Page 2 Swedberg asked if the rear yard setback is five feet and Grimes answered yes. Grimes , told the Board that the existing garage would be torn down. Swedberg asked what distance is required between houses and detached garages and Grimes stated a minimum of 10 feet. The proposal meets this requirement. Shaffer stated that he sees no problem with the request due to the topography of the lot. He also said that the proposed garage would be slightly farther from Quail than the existing one. He sees this plan as an improvement. Pentel agreed. Swedberg stated that he sees the difficulties of being ona corner but is disturbed by the 28 foot depth of the proposed garage; however, the proposed garage meets the rear yard setback requirement. Pentel added that the added depth of the garage allows for storage in front of the cars. Grimes said the size of the proposed garage is not abnormally large. Joseph Gooley stated that he owns a Suburban which is longer than most cars. He also said that the existing garage is so narrow that he currently has to move sideways to go in and out. Pentel asked if the siding would be new and blend with the house and Gooley said yes. Swedberg commented that a vehicle is temporary while the variance is permanent. He t continued, noting that he is satisfied that an existing tree would shield the proposed garage from drive-by traffic and other properties, and that the new design is an improvement. MOVED by Swedberg, seconded by Pentel to grant the variances as requested above. Shaffer asked if anyone else in the audience wished to speak and no one came forward. Shaffer asked if a search was made for easements and Grimes answered that generally easements are not more than 10 feet wide and in this situation there is more than 10 feet on each side. Shaffer called the question and the motion passed unanimously. 529 Meadow Lane North (Map 8) (97-8-35) Timothv Szabo. Louis and Sharron Szabo r t r. Minutes of the Board of Zoning Appeals August 26, 1997 Page 3 1555 Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback -- 10.32 feet off the required 12 feet to a distance of 1.68 feet for the existing house on the north side. Purpose: To allow for the construction of a living addition on top of an existing single-stall garage on the south side of the house. Timothy Szabo and Louis and Sharron Szabo were in attendance. Staff Liaison Grimes explained that this property is just south of Highway 55 in one of the oldest areas of Golden Valley. The neighborhood is generally affordable housing. Most homes in the neighborhood have been expanded. Lots are small and most homes were built on two lots without much thought of where the home was placed. He noted that the subject house is on two lots and may have been on three lots at one time. There is an existing garage and the applicants want to construct living space on top of it. The setback on the north leaves only 1.68 feet between the home and the lot line on the north. The Szabos want to expand their house and increase its life span. Grimes commented that this is a tough decision because the house is nonconforming and the variances requested are large. He continued to say that the house to the north is not right on the lot line, and any addition to the house to the north could not come closer than 12 feet (10% of the lot width). Pentel said that this is a unique house with viability. The proposal wouldn't be that much of an encroachment and would be an improvement. Swedberg stated that the house becomes less unique if the variances are approved. He reiterated that there would not be 10 feet between this house and the house to the north. The 1.68 feet left between the house and the lot line is not even enough space to tilt a ladder to do maintenance. Swedberg commented that maybe the neighbor, to the north, would give permission to encroach on his property for maintenance. He stated that he is uncomfortable with the north line but is in agreement with the other requests. Pentel asked if the Board could deny the variance that would make the house legally non- conforming and Grimes said yes. Pentel continued by saying that in the future, if the owners want to make substantial changes to the building, they must come before the Board again. Shaffer asked what the Board would say at that point. Grimes said that the owners could ask their north neighbor for a maintenance easement. MOVED by Swedberg to grant the 9.4 off the 35 feet required to a distance of 25.60 feet for the existing house facing Meadow Lane, to grant the 9.4 off the required 35 feet to a distance of 25.60 feet for the proposed living addition facing Meadow Lane, to deny the 10.23 feet off the required 12 feet to a distance of 1.68 feet for the existing house on the north side, and to direct the building department to issue a building permit recognizing that the house continues to be nonconforming on the north side. 1.556 Minutes of the Board of Zoning Appeals August 26, 1997 Page 4 Pentel asked if the waiver for the proposed addition could be granted and not the waiver , for the house and Grimes said yes. Pentel seconded the motion. Shaffer asked if the applicant wished to speak. Louis Szabo stated that the lot is beautiful and there is 14 feet between their house and the house to the north. Pentel asked if he understood the motion and if he was comfortable with it. He answered yes, that he must come back if he wants to remodel again. Grimes explained that he can remodel inside without a variance but must request a variance if he wishes to increase the size of the house. Shaffer suggested that the applicant get a letter of agreement from the north neighbor stating that the neighbor agrees to allow maintenance to the Szabo house, even if that requires encroaching on the neighbors lot. The question was called and the motion passed unanimously. 632 Turnpike Road (Map 9) (97-8-36) Peter Van Hauer Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 3 feet off the required 35 feet to a distance of 32 feet for the existing house facing Turnpike Road to the west; and t Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 3.7 feet off the required 35 feet to a distance of 31.3 feet for the proposed addition facing Turnpike Road to the south; and Waiver of Section 11.21, Subd. 7(8) Rear Yard Setback -- 5.5 feet off the required 27 feet to a distance of 21.5 feet to the east property for the proposed living/tuck-under garage stall addition. Purpose: To allow for the construction of additions onto the south and east sides of the house. Peter Van Hauer was in attendance. Staff Liaison Grimes explained that the applicant would like to add a 17' x 24' addition to the east side of the house that would consist of living space at ground level with a tuck- under garage stall. He noted that the owner has submitted a plan designed by a ., professional architect. Grimes continued to explain that a bathroom was constructed some time ago which took up a portion of the garage which does not permit a full sized car to park in one stall of the garage. The applicant is proposing to construct another tuck-under garage stall so he would have two full stalls. Grimes noted that Mr. Van Hauer is also r t , 1557 Minutes of the Board of Zoning Appeals August 26, 1997 Page 5 proposing to have a. new entry which would replace the steps to the front of the house. The entry would be from the driveway into the house. He added that the applicant will try to match the stone in the front by taking it off the back of the house, or do the best to match the existing front with stucco. Swedberg asked Mr. Van Hauer how he arrived at the dimensions of tl:1e addition and was told that the living level was the driving force. Van Hauer commented that the upstairs is small and he would like to stay in the house into the 21 st century but needs more space to make that feasible. Swedberg asked the applicant how long he has lived in the house. Van Hauer responded two years. Swedberg asked where the lower level bathroom was located and if the bathroom was already built into the garage when he bought the house. Van Hauer said the bathroom was already constructed and that it was located seven or eight feet from the back of the garage and takes up about 2/3's of one stall in width. He continued by saying that it extends far enough to eliminate the possibility of a second car being parked in the garage. Van Hauer commented on the proposed entry into the lower level of the house, noting that the entries are either through the front of the house or through the garage, the latter causing a great deal of heat loss in the winter. Pentel complimented the roof line of the proposed addition. The owner agreed that it adds interest to the house. Shaffer asked if the four foot entry is large enough or if the applicant was trying to minimize the setback. Van Hauer said that the size was suggested by the architect and will allow people to go in and move around as needed. Shaffer believes that it will be tight. Swedberg asked if the bathroom in the basement is used and Van Hauer said yes. Shaffer stated that he doesn't usually agree with a three-stall garage but this proposal is mainly for living space. He continued to say that the design fits in with the neighborhood and the style is in keeping with the area. Pentel asked if a permit was pulled for the bathroom and Grimes said no. Shaffer asked if anyone in the audience wished to speak and no one came forward. Swedberg emphasized that due to the location of the bathroom, this is actually a request for an additional stall providing the applicant with a two-stall garage. He added that this is not an intrusion on the neighborhood, and it would blend in nicely. MOVED by Pentel, seconded by Swedberg, and motion carried unanimously to approve the variances as requested. 1558 Minutes of the Board of Zoning Appeals August 26, 1997 Page 6 4121 Wayzata Boulevard (Map 10) (97-8-37) Randv Strouth , Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback --17.4 feet off the required 35 feet to a distance of 17.6 feet for the existing house facing Wayzata Boulevard; and Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 17.2 feet off the required 35 feet to a distance of 17.8 feet for the existing house facing Tyrol Trail; and Waiver of Section 11.21, Subd. 7(B) Rear Yard Setback -- 8.3 feet off the required 14.3 feet to a distance of 6 feet for the proposed deck on the southeast side of the house; and Waiver of Section 11.21, Subd. 7(C)(1) Side Yard Setback 00.9 feet off the required 15 feet to a distance of 14.1 feet for the existing house to the east property line. Purpose: To allow for the construction of a deck onto the southeast (rear) side of the house. t Randy Strouth was in attendance. Staff Liaison Grimes stated that this unique lot and house was purchased by the Minnesota Department of Transportation (MnDOT) as part of the 1-394 project. The property was held for four or five years and then put back into the market. Mr. Strouth bought the house from MnDOT. The location is much better now for the house as Highway 12 had been directly in front of the home. Now, 1-394 is separated with a high sound wall. Grimes said that the applicant wants to construct a larger deck which would upgrade the house. The first two variances are required due to the taking of the property. If requested, these variances must be approved. Pentel asked why these variances are not automatic and Grimes answered that the variances are usually requested only if the owner wants to do something that requires a variance. He added that the fee may be waived if only the required variance is requested. Swedberg agreed that the fee should not be requested for one variance due to a taking; however, this request is for more than the required variances. He added that'this lot is very narrow and it drops off suddenly. Although the lot backs up to Tyrol Trail, it is very difficult to get to Tyrol Trail due to the drop off. Swedberg concluded that the Board is directed to grant the variances for the front, and with the brush and woods in the back, the proposal will not affect any other neighbor. MOVED by Swedberg, seconded by Pentel and motion carried unanimously to grant the variances as requested. ~ r t , 1559 Minutes of the Board of Zoning Appeals August 26, 1997 Page 7 Pentel asked if MnDOT sold the houses on the Wayzata Frontage Road for more than they paid for them. Strouth commented that some of the houses were more. Grimes reiterated that the property is better than it was before because the old highway is no longer right out his front door. III. Other Business No other business was discussed. IV. Adjournment Chair Shaffer adjourned the meeting at 7:45pm. ~ /~ Mark Grimes, Staff Liaison