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12-16-97 BZA Minutes 1588 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals . December 16, 1997 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, December 16,1997, in the Golden Valley City Hall Council Conference Room, 7800 Golden Valley Road, Golden Valley, MN. Chair Shaffer called the meeting to order at 7pm. Those present were: Chair Robert Shaffer; Members Polachek, Swedberg, Sell; and Planning Commission Representative Rick Groger. Also present were Staff liaisons Mary Dold and Mark Grimes; and Recording Secretary Eve Lomaistro. I. Approval of Minutes - October 28, 1997 MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the minutes of October 28, 1997 as submitted; and to approve the minutes of November 3 with the following amendment found on Page 3, Paragraph 3. The last sentence should read: "He said it was a good plan under the circumstances." II. The Petitions: 921 Angelo Drive (Map 7) (97-10-41) - continued item Peter S. Knutson Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback: . · 1.3 feet off the required 35 feet to a distance of 33.7 feet for the existing house facing Angelo Drive; and · 8.4 feet off the required 35 feet to a distance of 26.6 feet for the proposed addition facing Angelo Drive Waiver from Section 11.21, Subd. 7 (B) Rear Yard Setback -- 10 feet off the required 30.7 feet to a distance of 20.7 feet for the existing house from the lot line on the north side Purpose: To allow for the construction of a non-conforming addition onto the east and south side of the house. Peter Knutson and Angie Jerdee were in attendance. Peter Knutson indicated the changes he made from the original plan from the meeting of October 28. He presented new plans and said that he reduced the proposed entry as much as it could be; his architect agreed with the reduction. Knutson told the Board that he is still proposing an addition to the garage which would increase the size of the master bedroom and add more detail to the front of the house. Knutson said that he had talked with the City's Inspection Department who said that the . f Minutes of the Board of Zoning Appeals December 16,1997 Page 2 . front steps are not considered part of the structure; Dold agreed. Knutson added that he would put in a railing instead of a wall in front of the steps which would him to allow the steps to be in the setback. 1589 Shaffer asked if the 7' 10" proposed entry is from the overhand and Knutson replied yes. Groger asked what type of materials would be used for the steps. Knutson said it would be concrete/stucco with an iron railing. Swedberg asked when the house was built and was told 1969. Shaffer stated that if the stairs protrude then the garage addition would help break up the line of the house, but the garage addition would still go into the setback area. Groger agreed but states that given the lot and the placement of the house it doesn't have as much impact on other homes in the area since it is at the end of the street. Knutson talked about the distance of other houses and his house from Angelo Drive. Shaffer said that he is usually against three car garages, but in this case, he believes that it isn't so obvious. He said that the revised proposal (#2) moves the garage to 27.50 feet from the property line as opposed to the first proposal which was 24.72 feet from the property line. . MOVED by sell, seconded by Polachek and motion carried by a vote of 4-1 to approve the variances as requested. Sell amended the motion to include that there must be a railing along the stairs and no wall-type structure. 1420 Fairlawn Way (Map 10) (97-12-48) Ahmed A. Sonbol Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback - 1.77 feet off the required 35 feet to a distance of 33.23 feet to the front property line. Purpose: To allow for the construction of a conforming living addition onto the rear of the house. Ahmed Sonbol was in attendance. Dold explained that the owner wanted to add a conforming living space to the existing house. The house intrudes into the front setback on Fairlawn Way by 1.77 feet. Dold told the Board that Sonbol approached the City in early November to obtain a permit to begin construction and told staff that everything was in place to start the project. Staff found that due to the small variance needed for the existing structure to allow Mr. Sonbol to begin work after he submitted a "Hold Harmless" letter to the City, which he did. . MOVED by Sell, seconded by Swedberg and motion carried unanimously to approve the variance as requested. Minutes of the Board of Zoning Appeals December 16, 1997 Page 3 1590 5825 St. Croix Avenue and 1425 Yosemite Avenue (Map 11) (97-12-49) Colonial Acres Home, Inc. . Request: Waiver from Section 11.12 Principal Structure on One Lot -- The requested variance is to allow two principal structures, the nursing home and the single-story brick house, on one lot. (The Board, in its discussion, refers to this item as No.8.) Waivers from Section 11.46, Subd. 9 Front Yard Setback: · 5 feet off the required 35 feet to a distance of 30 feet for the single-story brick and frame building facing Yosemite Avenue; and (The Board, in its discussion, refers to this item as No.1.) · 6 feet off the required 35 feet to a distance of 29 feet for the canopy structure facing Yosemite Avenue; and (The Board, in its discussion, refers to this item as No.6.) · 6 feet off the required 35 feet to a distance of 29 feet for the lack of landscaping facing St. Croix Avenue due to the parking lot infringing into the required green space. (The Board, in its discussion, refers to this item as No.7.) . Waiver from Section 11.46, Subd. 6. Use of Land -- Additional lot coverage of 7.4% for a total lot coverage of 32.4%. Maximum lot coverage is 25%. (The Board,in its discussion, refers to this item as No.9.) Waivers from Section 11.46, Subd. 8 Side and Rear Yard Requirements: · 26 feet off the required 50 feet to a distance of 24 feet for the existing one-story structure from the south property line; and (The Board, in its discussions, refer to this item as No.2.) · 20 feet off the required 25 feet to a distance of 5 feet for the proposed parking lot, at its closest point to the property line, located to the west of the existing building; and (The Board, in its discussion, refer to this item as No.3.) · 6 feet off the required 25 feet to a distance of 19 feet for the existing parking lot located west of the building. (The Board, in its discussion, refers to this item as No. 10.) . Minutes of the Board of Zoning Appeals December 16,1997 Page 4 1591 . Waivers from Section 11.65, Subd. 5(A) Standards: · 15 feet off the required 50 feet to a distance of 35 feet for the existing nursing home structure closest to Bassett Creek; and (The Board, in its discussion, refers to this item as No. 4A.) · 15 feet off the required 50 feet to a distance of 35 feet for the proposed addition on the west side of the nursing home closest to Bassett Creek. (The Board, in its discussion, refers to this item as No. 4B.) Waiver from Section 11.65 Subd. 5(c.)(2) Roads and Parking Areas-- 49 feet off the required 50 feet to a distance of 1 foot for the existing driveway on the west side of the building along Bassett Creek. (The Board, in its discussion, refers to this item as No.5.) Waiver from Section 11.70, Subd. 7(c.) Design Standards -- To allow the existing paved areas to remain without curb and gutter. (The Board, in its discussion, refers to this item as No. 11.) Purpose: The applicant is proposing to construct additions onto the existing nursing home building on the west, north and east side. The waivers would allow for the construction of these additions. . Dan Biersdorf, attorney; John Howl, campus administrator; Kathryn Witta, Colonial Acres administrator; Rick Moore, architect; and Roxanne Sienko, Monica Krancevic, and William Kreber, neighbors, were in attendance. Staff Liaison Dold explained that Colonial Acres Home, Inc., is requesting nurnerous variances that would allow for expansion of the existing nursing home and assisted living facility. Dold showed the requested variances on a large map provided by the applicant. Staff Liaison Grimes stated that a memo was sent to the DNR the week before the meeting and that the DNR has not had the opportunity to comment on the plan. Grimes noted the decision at this meeting should be contingent on any comments from the DNR. John Howl talked about the Colonial Acres organization and Kathryn Witta talked about the areas to be remodeled and the benefits to the nursing home residents. . Member Swedberg asked what triggered the remodeling. Witta said that it was the first Alzheimer's unit in the State and it is now too small of an area. These residents now need more space. Howl added that even more important is the special needs for seniors in the future and that Colonial Acres wants to be positioned for the future. Architect Moore talked about the additions of windows and the reduction of beds from 118 to 108 to open up more space. He said that the dining room would be enlarged due to more residents in wheelchairs. Minutes of the Board of Zoning Appeals December 16, 1997 Page 5 Planning Commission Representative Groger asked about the proposed construction for the indented areas that face St. Croix Avenue. Moore commented that that construction is no longer being proposed. Groger asked about the residential house which is located just to the south of the nursing home and on the same lot. He noted that it would be beneficial if it could be moved and asked about the time frame for this. Howl said that moving this house is part of the larger plan for the site. He noted that the house is used for assisted living and may be several years before the house is relocated. Chair Shaffer asked about the dock area and Moore indicated that this addition has been eliminated from the current plans. Grimes said that the house was constructed in 1962 for the administrator and Member Sell remembered it as a package deal, like a parsonage with a church. Swedberg stated that the drawing is intimidating and difficult to follow, but once understood it makes sense. Shaffer noted that the applicant is increasing parking and decreasing the number of beds; parking already meets code. Howl said that they need additional staff. Grimes commented that parking must be provided for the overlap in shifts. Witta commented that there is an overlap of one half hour. Swedberg asked if the parking formula takes care or the overlap? Grimes said parking meets code. Shaffer opened the discussion to the public. Roxanne Sienko, 5800 Golden Valley Road, commented that her property backs up to the nursing home. She asked about the residential house being moved off the property and noted her concern about the 24 foot variance being granted adjacent to her property. Shaffer responded that the variance is for the existing structure and the remaining 24 feet of setback would need to be maintained as greenspace; Sienko is concerned about Colonial Acres encroaching onto her property. She also asked about what will happen to the property to her east which has been sold to Colonial Acres. Grimes commented that if the property is large enough it could be subdivided, so another lot could be developed off Yosemite. Colonial Acres may continue to rent the house as a single-family residence. He said that if a subdivision or rezoning request was made or more variances were requested, staff, per code, would notice those neighbors affected. Howl commented that its organization has no plans for moving their house on Yosemite for 5 to 7 years. He added that expanding the assisted living unit must fit with the neighborhood and that their plans for the future will not encroach on others - they would go through the processes required by the City. Sienko commented that she is also concerned that Colonial Acres will move the existing house on Yosemite to the back half of the property they own on Golden Valley Road. She is concerned about the effect of rental property on her property values. Grimes commented that the applicant has the right to subdivide and the neighbors would received a notice. Howl said that if the house was moved and rented, it would be rented only to seniors. Monica Krancevic, 1895 Oak Grove Circle, spoke about her property, which abuts the Colonial Acres property. She talked about the number of trees on her lot, Bassett Creek and the wild habitat in the area. She believes the number of variances speak for itself, that 1592 . . . Minutes of the Board of Zoning Appeals December 16,1997 Page 6 1593 . Colonial Acres has outgrown its space and maybe they need to move to another site. She believes the additional parking will decrease her property value. William Kreber, 1500 Yosemite Ave. No., talked about how beautiful the site was many years ago. He believes there is inadequate parking on the site. He is concerned about the proposed addition now being proposed on the east side of the building. (The applicant, at the time of the meeting, informed the Board that it was eliminating some additions and is requesting a 4 feet variance for an addition on the east side of the building facing Yosemite.) Kreber does not want more green space eliminated. He also talked about snow removal starting at 2am. Howl said he was not aware of this problem. He said that they are required to have certain areas open for emergency vehicles. Howl said that they want to be aware of the neighbors' feelings and he would talk with his staff for other solutions. Swedberg made the comment that nursing homes are a necessary service and that Colonial Acres is serving a public need. Shaffer asked the Board how they wished to deal with this proposal. Grimes said that this is a legal non-conforming building and they wouldn't be here unless they were adding on. After some discussion, it was decided to consider each issue separately and then take one vote. . Sell and Polachek indicated their agreement with numbers 1 and 2 (front and side yard setbacks for the single-family residence to the rear of the property). Shaffer stated his concern about parking in number 3 which is the additional parking being proposed along the west property line. Groger asked where expansion of blacktop would take place. Moore reviewed the plan. Groger asked about flooding in the rear. Moore pointed out the flood plain and stated that when the Heritage House was built there was a flood retention based on the City Guidelines. Howl added that in 1987, when there was much flooding in the city, there was no flooding in the Heritage House and no flooding in the skilled nursing facility either. Grimes noted that the first floor had to be altered to bring it up at least one foot above the flood plain elevation. Shaffer again noted his concern about additional parking being created. Sell asked if some parking could be eliminated. Moore commented that Colonial Acres wants to get as much parking off city streets as possible. Moore said that if the proposed parking on the west side were made to be parallel it would be less of an intrusion and would eliminate only one parking space. Krancevic stated that she also represents a neighbor who could not attend the meeting and is opposed to additional parking. Shaffer said that parallel parking would eliminate car lights from entering the neighbors windows. Grimes asked if any additional landscaping was planned. The applicant said that there was no additional space available for landscaping. Witta commented that no trees would be cut down on the site. . Grimes told the Board that the DNR must be advised when certain activity abuts Bassett Creek. He talked about the building and parking being within the setback of Bassett Creek Minutes of the Board of Zoning Appeals December 16,1997 Page 7 1594 (Nos. 4A and 4B) and any vote at this meeting would need to be contingent on DNR comments. Grimes said that if the DNR does have concerns the item would need to come back to another meeting. . Swedberg commented that No. 5 (proposed addition 35 feet from Bassett Creek instead of the required 50 feet) is similar to the above variance. He believes it would be no worse in the future than it is now. Groger addressed the variance requirement for the canopy facing Yosemite (No.6). Grimes talked about the drop off area, which is considered a driveway, which are allowed in front setbacks. Groger said he was concerned about the limited greenspace on the site and wanted to see as much of it as possible. He noted that the lot coverage now exceeds the permitted 25%, which also needs a variance (No.9). Groger talked about the elimination of parts of the proposal and the new proposal of an addition onto the Yosemite side of the building because Colonial Acres is now in need of storage space. Swedberg commented that he too is concerned with the amount of structure on the site. Swedberg said that the applicants may construct an addition on the Yosemite side legally, but the Board can deny the addition of any more lot coverage. Grimes asked the applicant the time frame for starting construction. Howl responded, in spring of 1998. Grimes suggested to the Board that perhaps more information and a tour may be helpful. Groger felt that this would be beneficial. The neighbors asked to be included. Grimes suggested that the discussion be continued to the January meeting. Moore stated that this would negatively affect their schedule. Moore, Howl and the Board . discussed further the proposed addition on Yosemite that would house a dining room, staff .. locker rooms, an office and storage. Groger said that he was in favor of the variances other than the proposed addition on the east side. Swedberg commented that he is concerned with all the add-ons over the years and questioned whey they are proposing these changes. Howl commented that the proposal would increase service to residents. Swedberg asked about reducing the number of beds and Moore commented that they have already eliminated a number of beds. The Board discussed what action to take. Moore stated that they are willing to compromise and find another location for storage if the Board approved the remainder of the variances. Krancevic asked that the Board consider the neighbors when making its decision. Shaffer commented that the Board tries to consider all parties. Sell asked that for the record there be an exact calculation of lot use. Grimes said it can be provided for the record. Swedberg summarized the variances as follows: Nos. 1 and 2 are existing; No. 3 would be changed where all parking on the lower west side would be five feet from the property line and parking would be parallel; and 4A ,4B, 5, 6, 7 and 8 are existing situations. He noted that No.9, lot coverage, is a concern to everyone. Moore stated that he had recalculated lot coverage and it would drop 1 % to 31.6%. Swedberg noted NO.1 0 which is yard requirements on the west side and No. 11 which would allow for the paved area to remain without curb and gutter at this time. MOVED by Swedberg, seconded by Polachek and motion carried unanimously approve the variances as noted other than No. 3 which would alter the parking to be 5 feet from the west property line and that the approval is contingent on DNR response. . . . . 1595 Minutes of the Board of Zoning Appeals December 16,1997 Page 8 Krancevic states that the BZA gives more concern to businesses and industry than to individual home owners. She discussed this with the Board after the vote. Swedberg stated that the Board does the best it can. III. Other Business There was no other business. IV. Adiournment Chair Shaffer adjourned the meeting at 8:47pm. ~~-- Robert Shaffer, Chair Mark Grimes, Staff Liaison