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06-23-98 BZA Minutes 1614 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, June 23, 1998, in the Lower Level - Employee Meeting Area, 7800 Golden Valley Road, Golden Valley, MN. Chair Mike Sell called the meeting to order at 7pm. Those present were: Chair Mike Sell, Members Herb Polachek and Mahlon Swedberg, and Planning Commission Representative Robert Shaffer. Also present were Staff Liaison Mark Grimes, Golden Valley Building Inspector Gary Johnson, and Recording Secretary Eve Lomaistro. I. Approval of Minutes - May 27,1998 Swedberg suggested that the minutes of May 27, 1998, be amended as follows. The first paragraph on page 5 should start with the second sentence and read as follows: Cohen stated that this bay window is an odd size; and therefore, very expensive to replace. Swedberg stated that any time a new window is installed it is a sizable job and no different from that of any other owner. Swedberg said that the front of the house impacts the entire neighborhood whereas the side and rear are less conspicuous. Cohen pointed out that they had built a rock garden on the corner to enhance the neighborhood. MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve the May 27, 1998, minutes as amended. II. The Petitions: . 4530 Douglas Avenue (Map 10) (98-5-12) Maraaret Macneale and Gary Cohen Request: Waiver of Section 11.21, Subd. 7(B) Rear Yard Setback - 10.94 feet off the required 26.04 feet to a distance of 15.10 feet for the existing house at its closest point to the east property line; and Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback - 2.2 feet off the required 11.7 feet to a distance of 9.5 feet for the existing deck attached to the north side of the house. Purpose: To take care of existing non-conformities on the site. Building Inspector Johnson explained that Margaret Macneale and Gary Cohen appeared before the BZA at the May 17, 1998, meeting requesting three variances that would include a 4-season porch. The Board gave the applicants three months to revise their request. The applicants told staff they would not be going forward with plans for a screened-in porch but would like the two existing nonconformities taken care of. Staff told the applicants they did not need to appear for this meeting. MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve the variances from Section 11.21, Subd. 7(B) and (C)(2) as noted above. . Minutes of the Board of Zoning Appeals June 23, 1998 Page 2 1615 . 2945 Regent Avenue North (Map 4) (98-6-13) Ronald J. and Virainia Schmidt Request: Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback - 8.35 feet off the required 13.35 feet to a distance of 5 feet for a proposed attached 2-stall garage; and Waiver of Section 11.21, Subd. 7(B) Rear Yard Setback - 6.7 feet off the required 23.7 feet to a distance of 17 feet for the proposed attached 2-stall garage. Purpose: To allow for the construction of a 20' x 25' attached garage onto the existing garage, at its closest point to the south property line. Ronald J. and Virginia Schmidt, applicants, and Tamara Bratland, granddaughter of Katherine Norman, neighbor to the south of the applicant's property were in attendance. Johnson stated that this is a straightforward request regarding the setbacks. Shaffer asked if the Board is also looking at the shed. He asked how far the shed is from the north lot line. Ronald Schmidt answered that it is 4 feet from the property line and is standing on a poured slab and has been there for 30 years. . Swedberg stated that since the shed is in the easement, the BZA has no authority regarding the location of the shed. He said the Board can deal with it theoretically but it is up to the Engineering Department to review the location of the shed in the easement. Shaffer clarified that if the vacation of the easement is approved, then the applicants would need to come back to the BZA for a variance on the shed. Swedberg stated that the shed is not on the BZA agenda at this meeting. Johnson pointed out that the shed would be dealt with before a building permit is issued. Shaffer stated that the hardship in this request is a result of subdividing the lot that is being created by the applicants. Mr. Schmidt stated that they want to subdivide the lot because they no longer need such a large piece of property. He said their trailer is currently parked on the property facing Scott Avenue and the proposed garage would accommodate this vehicle. He stressed that one reason for the request is to be able to park the trailer inside, making the neighborhood more aesthetically pleasing. Sell pointed out that a 10' x 25' garage would accommodate the trailer. Schmidt countered that the trailer is 8 feet wide and 23 feet long and would not swing around the tree to fit into a 10' x 25' space. . Shaffer asked if they had considered expanding the existing garage to the back. Schmidt stated that the garage is not as large as it appears due to the chimney and insulation that takes up some of the interior space. Mrs. Schmidt stated that the distance between the proposed garage and the neighbor to the south is 26 feet. She said the neighbor would have the same view from her deck as she has now. Minutes of the Board of Zoning Appeals June 23, 1998 Page 3 1616 Schmidt told the Board that any drainage problems would be improved with the construction of the proposed garage. He also said that new doors on the addition would match the existing house so it would not look like an addition. Mrs. Schmidt pointed out that the size of the /combined garage and shed are overstated in the City memo of June 18, 1998. . Tamara Bratland, granddaughter of the neighbor located at 2935 Regent Avenue North, spoke in her behalf. She made the fOllowing points: the addition would leave only 5 feet where a 13.35 foot setback is required, a four car garage is not typical in this neighborhood, and the combination of the addition and subdividing the lot makes the once spacious area constrained. Her grandmother is 85 years old, has lived there for 35 years, and had planned to sell the house in September. She has pushed up the timing due to this issue. Sell stated that the splitting of the lot was bound to happen at some point and maybe the neighbor or the purchaser of the neighbor's home would subdivide as well. Grimes pointed out that the proposed subdivision has not yet been approved by the City Council. Swedberg asked rhetorically how long the Schmidts would have the trailer, pointing out that a trailer is temporary and a variance is permanent. He continued saying the request for 8.35 feet of the required 13.35 foot side yard setback to have a 4-stall garage is extraordinary. Swedberg stated that the applicants have created their own problem by wanting to subdivide the lot, and he could not go along with the request. Mr. Schmidt stated that due to the configuration of the street, the new construction would hardly be . seen from the street. Shaffer stated that if the Board grants this variance then every neighbor could get variances to this extent, too. Mr. Schmidt asked if he was concerned about fire protection and Shaffer said yes, and also the look and feel of Golden Valley. Mr. Schmidt stated that the house is on the end of a curve and questioned whether it would better to see the addition or a trailer? Shaffer indicated that he preferred trailers to be inside a garage, but not this garage. Shaffer suggested that they make the new garage smaller and park the trailer in the existing garage. The Schmidts stated that a car would not fit in the existing garage with the trailer. Polachek stated that it is hard to believe that a 20-foot wide garage is needed for an 8-foot wide trailer. He pointed out that a 12-foot wide addition would probably not require a variance. Polachek added that even if the BZA approved the request, the City may deny the building permit because of the total square footage. Johnson stated that the Board does not need to approve the size of the garage, just the variance. Polachek told the Schmidts that they could appeal to the City Council if the Board denies the request. Shaffer stated that the issue could be continued to another meeting to give the applicants time to reconsider the request and present a new plan without paying another fee. Shaffer indicated that he opposes the variance as requested. Polachek added that other applicants have taken advantage of a continuance and returned with new plans that were approved. Swedberg said that he would be willing to set aside the issue for 60 to 90 days. The Schmidts decided to accept a layover of the request. . MOVED by Swedberg, seconded by Polachek and. motion carried unanimously to defer the item for up to 3 months, no later than the September, 1998, BZA meeting. . . . Minutes of the Board of Zoning Appeals June 23, 1998 Page 4 1617 2320-22 Douglas Drive (Map 11) (98-6-14) Sharon and Gerald Lund Request: Waiver of Section 11.21, Subd. 12 Accessory Buildings - To allow the garage and accessory building to be placed along side the house and the existing garage to be located 33.2 feet from the street instead of the required 35 feet, a variance of 2.8 feet. Purpose: To permit the existing garage and shed to remain at its present location. Grimes stated that this is a duplex and the code was changed in 1981, after it was built. The lot is large enough for rezoning but it must first be made legally nonconforming. MOVED by Polachek, seconded by Shaffer, and motion carried unanimously to approve the requested variances from Section 11.21, Subd. 12 of city code as noted above. 1130 Orkla Drive (Map 21) (98-6-15) Winston and Leonette Reid Request: Waiver of Section 11.21, Subd. 7(C)(1) Side Yard Setback - .03 feet off the required 15 feet to a distance of 14.97 feet for the existing house at its closest point to the west property line; and Waiver of Section 11.21, Subd. 7(C)(1) Side Yard Setback - 4 feet off the required 15 feet to a distance of 11 feet for the existing deck attached to the east side of the house; and Waiver of Section 11.21, Subd. 7(C)(1) Side Yard Setback - 10 feet off the required 15 feet to a distance of 5 feet for the proposed two-stall garage to be located at the southeast corner of the house. Purpose: To permit the construction of an attached two-stall garage to be located at the southeast corner of the existing house. Winston Reid was in attendance. Grimes explained that this home was built by the applicant himself over 40 years ago without a garage and now he would like one. He noted that after construction of the garage, it would still be 39 feet to the front property line. Grimes said that because of the location of the house, and lot configuration, the proposed location for the garage is the most logical. Swedberg stated that this neighborhood does not lend itself to back garages. Shaffer agreed that the garage would not work in the backyard. Mr. Reid showed a three dimensional model he had built that indicates where the garage would be placed. He said the proposed garage would be attached to the house by a covered walkway. Swedberg asked about the 20' x 24' size, which is a minimal size for a garage. Reid answered that he wanted to maintain as much of the setback as possible. He added that he would probably put Minutes of the Board of Zoning Appeals June 23, 1998 Page 5 1618 windows in the garage to make it look more like the house. Swedberg stated that since the proposed garage is the minimum size and there is no existing garage, he is in favor of the proposal. . MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve the variances from Section 11.21, Subd. 7(C)(1) of city code as noted above. 6837 Olson Memorial Highway (Map 17) (98-6-16) Robert and Margaret Van Hauer Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback - 11.2 feet off the required 35 feet to a distance of 23.8 feet for the existing house at its closest point to the front property line; and Waiver of Section 11.21, Subd. 7(A) Front Yard Setback - 11.2 feet off the required 35 feet to a distance of 23.8 feet for the proposed structure; and Waiver of Section 11.21, Subd. 7(B) Rear Yard Setback - 5 feet off the required 19.9 feet to a distance of 14.9 feet for the existing structure at its closest point to the south property line. Purpose: To allow for the construction of an addition onto the west side of the existing house. Robert Van Hauer was in attendance. . Grimes stated that when this house was built there was another 10 feet to the front property line, but since then MnDOT has taken 10 feet for the frontage road. He noted that even with the taking, there is plenty of space in the front yard. Shaffer said that the addition looks as though it was designed not go beyond the front of the house. He added that the proposed addition doesn't seem to impact the neighbors and it is in character with the area. The applicant had nothing to add. MOVED by Shaffer, seconded by Polachek and motion carried unanimously to approve the variances from Section 11.21, Subd. 7(A) and 7(B) of city code as noted above. 6050 Duluth Lane (Map 11) (98-6-17) Don and Arvilla Meinhardt Request: Waiver of Section 11.21, Subd. 12 Accessory Buildings - to allow the shed and detached garage to remain in front of the house, instead of to the rear, and for the shed to remain 8 feet into the required 35 foot front setback to a distance of 27 feet; and Waiver of Section 11.21, Subd. 7(8) Rear Yard Setback - 11.1 feet off the required 30.8 feet to a distance of 19.7 feet for the existing house to the east property line. . . . . Minutes of the Board of Zoning Appeals June 23, 1998 Page 6 1619 Purpose: To allow for the construction of a conforming deck onto the northwest corner of the house. Don and Arvilla Meinhardt were in attendance. Grimes reviewed the staff memo commenting that the house was constructed in 1969 and that the garage was not attached to the house that was constructed in 1972. He said the existing shed could be moved to the northeast corner of the property but the neighbors and applicant would prefer to leave it where it is now located. Swedberg observed that this variance would not be needed if the City had not changed the direction of the front of the house. Grimes stated that originally the garage was to be attached to the house causing it to be in conformance with city code, but the applicant did not attach the garage to the house that made it nonconforming. Grimes asked the applicant how the shed is secured to the ground. Don Meinhardt answered that it is on a floating slab. Shaffer stated that the shed and the garage face the garages of an apartment building and not another residence. MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve the requested variances from Section 11.21, Subd. 7(B) and 12 of city code as noted above. 2524 McNair Drive (Map 1) (98-6-18) Clavton and Tammv Duaaan Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback - .11 feet off the required 35 feet to a distance of 34.89 feet for the existing house to the front property line; and Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback - 6.52 feet off the required 12.6 feet to a distance of 6.08 feet for the existing house at its closest point to the west property line. Purpose: To allow for the construction of a conforming deck and porch. Clayton Duggan was in attendance Duggan explained that the entire neighborhood has setback problems because all the homes are on 90-degree angles to the lot lines. He said this house was built in 1943. Polachek stated that this is an administrative matter. MOVED by Polachek, seconded by Swedberg, and motion carried unanimously to approve the requested variances from Section 11.21, Subd. 7(A) and 7(C)(2) of city code as noted above. III. Other Business The Board members bid farewell to Eve Lomaistro who had resigned. Minutes of the Board of Zoning Appeals June 23, 1998 Page 7 v. Adjournment Chair Sell adjourned the meeting at 8:25pm. ~~ Mike Sell, Chair 1620 Mark Grimes, Staff Liaison . . .