02-24-98 BZA Minutes
1598
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
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February 24, 1998
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday,
February 24, 1998, in the Golden Valley City Hall Council Chambers, 7800 Golden Valley
Road, Golden Valley, MN. Chair Robert Shaffer called the meeting to order at 7pm.
Those present were: Chair Robert Shaffer; Members Herb Polachek, Mike Sell, Mahlon
Swedberg; and Planning Commission Representative Richard Groger. Also present were
Staff Liaison Mark Grimes and Recording Secretary Eve Lomaistro.
I. Approval of Minutes
MOVED by Swedberg, seconded by Sell and motion carried unanimously to approve the
January 27, 1998 minutes as submitted.
II. The Petitions:
4330 Sussex Road (Map 10) (98-2-2)
David Wilkins
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Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback -- 5.6 feet off
the required 35 feet to a distance of 29.4 feet for the deck at the front
of the house facing Sussex Road.
Purpose: The applicant is constructing a conforming addition onto the rear of his
house.
David Wilkins, applicant, and Steve Sather, neighbor and builder, were in attendance.
Mark Grimes explained that the applicant had approached City staff in early January, 1998,
requesting a permit for construction of a conforming 3-season porch onto the rear of his
house. Staff requested that he obtain a survey to verify setbacks. The survey showed that
the front deck was located within the front setback and required a variance. Grimes said
that because the intrusion into the front setback was minor and the proposed construction
was conforming, staff requested a "Hold Harmless" letter from the owner of the property.
Mr. Wilkins submitted the letter and was told that if the Bo~rd decided not to approve the
variance, he would have to remove the deck from the front of the house.
David Wilkins stated that he purchased the house in 1992 and the deck was there at that
time. Steve Sather, neighbor and builder for the project, stated that he lives across the .
street and remembers that deck was there when he was in first grade.
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Minutes of the Board of Zoning Appeals
February 24, 1998
Page 2
1599
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MOVED by Sell and seconded by Polachek to grant this administrative waiver as
requested. Swedberg observed that the City should have required an "as-built" survey that
would have shown that the deck was added after the original construction when the house
was sited on the property. The motion passed unanimously.
1340 Douglas Drive (Map 11) (98-2-3)
W. Robert Strobel
Request: Waiver of Section 11.25, Subd. 5(A) Minimum Yard Requirements __
15 feet off the required 25 feet to a distance of 10 feet for the
proposed garage structure to the railroad right-of-way line.
Purpose: The applicant is proposing to construct a three-story apartment
building on the site and the proposed garages would need a variance.
W. Robert Strobel, applicant, and neighbors David and Leigh Comb were. in attendance.
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Grimes explained that Mr. Strobel is proposing to construct a conforming 3-story, 55 unit
apartment building and detached nonconforming garages; these garages would be located
on the east side of the lot and go into the setback 15 feet. To meet code requirement for
garage space these detached garage spaces are needed. Grimes said other options to
meet code would be to reduce the number of dwelling units or to vary the needed garage
parking. He said the site does meet outdoor parking needs. Plans were submitted to the
DNR but staff has not yet received a response.
Shaffer asked if any thought was given to expanding the underground parking. Grimes
replied that underground parking is difficult to do for all 75 spaces. Strobel stated the
garage setback is a pretty tight curve from west to east and turning into underground
parking could be tight. Sell added that this is the best location on the lot as it is only a 20
foot walk to the building and it would be lighted and protected. Grimes asked how the
garages would be rented. Strobel said each unit would have one space underground and
no decision has been made how the remaining spaces would be allocated. Grimes stated
that security is best with underground parking.
Swedberg asked why there were no comments from neighbors. Grimes explained the
applicant only needs to try to reach neighbors so many times. He said most of the time
neighbors are on vacation or live in another city. Grimes said in this case, not all the
neighbors were available for comment.
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Grimes commented that the owner to the north did not question the proposed building, but
was concerned with drainage. Swedberg asked about the drainage requirement and
Grimes answered that the easement to Bassett Creek must be maintained and a drainage
plan must be approved by the City.
Minutes of the Board of Zoning Appeals
February 24, 1998
Page 3
1600
Swedberg asked about the parking requirement. Grimes responded that Golden Valley's
requirement is higher than most cities, and in this case, the applicant is meeting the
parking requirement with the requested variance for the detached garages.
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Sell asked if this was the same request from 10 years ago; Grimes said yes. Sell stated
that he and the BZA agreed to this proposal 10 years ago and he hasn't changed his mind.
Groger asked if any ponding is required. Grimes said the City Engineer must approve the
ponding which would probably go in front or on the side in the flood plain area.
Groger asked if staff had experience with other sites that have outside garages. Grimes
answered there were others. He said the garages should be restricted to vehicles and not
used for storage.
Swedberg asked how the owner would fill in the land and Strobel answered with a lot of
grading and fill. He said the earth removed from the ponding area may be enough to fill
where needed.
Groger asked about the exterior of the building. Strobel commented that it would be of a
high quality material. Grimes assured the BZA that the Building Board of Review would
review the type of construction materials being used for both buildings. He added that the .
BZA could pass along its concerns for long-term maintenance and appearance of the
garage building.
Shaffer asked if anyone else wished to speak and no one came forward.
MOVED by Sell, seconded by Swedberg and motion carried unanimously to approve the
variance as requested. Swedberg observed that the options are to reduce the number of
units, vary the number of parking spaces required, or grant the variance as requested. He
stated that 10 feet off the railroad r-o-w is not of any significance.
III. Other Business
There was no other business.
IV. Adjournment
Chair Shaffer adjourned the meeting at 7:35pm.
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Robert Shaffe~
kL
Mark Grimes, Staff Liaison
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