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07-28-98 BZA Minutes 1621 . Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals July 28, 1998 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, July 28,1998, in the Council Chambers, 7800 Golden Valley Road, Golden Valley, MN. Chair Mike Sell called the meeting to order at 7pm. Those present were: Chair Sell, Members Lang, Polachek, and Swedberg, and Planning Commission Representative Shaffer. Also present were Staff liaison Mark Grimes, and Recording Secretary Mary Dold. I. Approval of Minutes - June 23, 1998 MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve the June 23, 1998 minutes as submitted. II. The Petitions: 7401 Ridgeway Road (Map 17) (98-7-19) James and Linda Farnham Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback for 8.75 feet off the required 35 feet to a distance of 26.25 feet for the proposed addition at its closest point to Ridgeway Road on the cul-de-sac. . Purpose: To allow for the construction of a 12' x 37' addition onto the south side of the existing house. Chair Sell read the requested variances. Mr. Farnham was in attendance. Staff liaison Grimes explained the request saying that the applicant appeared before the Board in 1995 with almost the same request. Grimes noted that the difference today is that the applicant is adding approximately 3 feet to the proposed addition which would not increase the variance request from 1995. Swedberg commented that there are almost no changes from the previous request and the proposal would not have a negative effect on the neighborhood. MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve the requested variance from Section 11.21, Subd. 7(A) as noted above. Member Lang commented that the elm tree, located near the proposed addition, may be affected. Farnham said that care would be taken to save the tree. 255 Louisiana Avenue South (Map 18) (98-7-20) Dan and Mindv Ribnick . Request: Waiver from Section 11.21, Subd. 7(B) Rear Yard Setback for 2.8 feet off the required 26.8 feet to a distance of 24 feet for the proposed deck onto the rear (east side) of the house. Minutes of the Golden Valley Board of Zoning Appeals July 28, 1998 Page 2 1622 Waiver from Section 11.21, Subd. 7(C)(1) Side Yard Setback for 3 feet off the required 15 feet to a distance of 12 feet for a proposed addition onto the north side of the house. . Purpose: To allow for the construction of a two-story addition located on the north side of the house and a 10' x 20' deck onto the east (rear) side or the house. Chair Sell read the variance requests. Mr. Ribnick was in attendance. Staff Liaison Grimes reviewed the request noting previous variances granted to allow the house to be placed where it is now located. Grimes said previous variances were granted for the construction of the house because of drainage issues and soil problems in this part of Golden Valley. Member Lang asked if the neighbor to the north, who would be most affected, was present. Mr. Ribnick commented that he had talked with her on the phone and she said that she did not want to meet to go over the plan. Ribnick further commented that the plan being presented is the best plan due to the drainage issues on the property. Member Shaffer said that he did not see a problem with the request noting where the addition would be placed, tucked behind the garage, and that he does not have a problem with the deck either. Swedberg agreed with the location of the proposed living addition. MOVED by Shaffer, seconded by Polachek and motion carried unanimously to approve the . variances from Section 11.21, Subd. 7(B) and 7(C)(1) as noted above. 3327 Lee Avenue North (Map 3) (98-7-21) Nancv Brubaker Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback for 6.30 feet off the required 35 feet to a distance of 28.7 feet for the existing structure facing Lee Avenue; and 3.33 feet off the required 35 feet to a distance of 31.67 feet for the proposed front entrance deck facing Lee Avenue; and Waiver from Section 11.21, Subd. 7(C)(2) Side Yard Setback for 2.66 feet off the required 12.90 feet to a distance of 10.24 feet for the existing house at its closest point to the north (side) property line. Purpose: To allow for the construction of an 8' x 18' deck onto the front of the house. Chair Sell read the requested variances. Ms. Brubaker was in attendance. Staff Liaison Grimes reviewed the request noting that the proposed deck, to the front of the house, would fill in that area along the garage and to the front of the house. He said the deck would be approximately 1-1/2 feet off the ground. Member Lang said he had no problem with the requests in that the deck would be three feet from the front of the garage. Member Swedberg asked the applicant how the dimensions of the deck were arrived at. Brubaker commented that originally she had looked at a 10' x 18' deck, but the additional . Minutes of the Golden Valley Board of Zoning Appeals July 28, 1998 Page 3 1623 . two feet added more cost than she wanted. Swedberg said that an eight-foot wide deck is not very wide and would be willing to grant a variance for a 1 Q-foot wide deck. Sell said that he would approve of such a motion. MOVED by Polachek, seconded by Swedberg and motion carried unanimously to approve the requested variances from Section 11.21, Subd. 7(A) of 5.33 feet to a distance of 29.67 feet for the proposed deck and 7(C)(2) as noted above. 130 Edgewood Avenue South (Map 18) (98-7-22) Warren Kapsner Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback for 8 feet off the required 35 feet to a distance of 26.6 feet of the proposed entry onto the front of the house. (Note a previous front yard variance was granted for .4 feet.) Purpose: To allow for the construction of an entry onto the front of the house facing Edgewood Avenue South. Chair Sell read the requested variance. Warren Kapsner was in attendance. Staff Liaison Grimes reviewed the proposal for a front entrance facing Edgewood Avenue South. . Kapsner reviewed the architecture of the existing house and the problem with water draining from the existing front steps into the basement because the water well was placed in this spot under the steps. He said because of the moisture in the basement at this area, there is heat loss which causes the steps to become very slippery in winter. Sell noted thatthe east side of any structure receives less sun, therefore little snow and ice melt due to lack of sun on this side of the house. Swedberg asked the applicant to explain why he was requesting eight feet instead of a five- foot entrance. Kapsner said that the proposed entrance would be approximately five feet in width and the extra footage is for the proposed columns to the front of the entrance. He said he believes that the columns will give the proposed entrance a more dramatic look. Swedberg commented that it seems that a house is governed by the use of our cars and how much we use the front entrance. Kapsner said that he and his wife do not use the front entrance that much, but that his guests would be using this entrance. Shaffer asked if the entryway would be a vestibule. Kapsner said the inside existing door going into the house would be eliminated and replaced with an archway. He said he had not decided whether the new entrance would be one or two doors. Swedberg commented that the proposed drawing shows a limited amount of shrubbery around the entrance. Kapsner reviewed his survey noting where existing pines and bushes are now located and talked about what would be replaced. Kapsner said that he still has not decided on whether to construct a cascading waterfall over rocks. . Minutes of the Golden Valley Board of Zoning Appeals July 28, 1998 Page 4 1624 Shaffer brought to the attention of staff that the proposed overhang would be 36 inches instead of the allowed 30 inches. Kapsner that that he could pull the roof back 6 inches and still maintain the peak as found on other parts of the house. . Shaffer said that he usually does not like seeing construction in the front setback but in this case he does not believe there would be any effect on the neighborhood and the entrance could enhance the area. He said he was concerned with the roof line and the extra 6 inches and agreed with the applicant that it should be cut back to 30 inches. Swedberg asked for some assurance that the proposed entry is the minimum amount possible, but still practical. Kapsner said that he could reduce the size, but the entry would become very cramped. He believes the pillars would make the addition more attractive and be an asset to the neighborhood. Kapsner said he made every attempt to design an entry that would have the least impact on the front setback and the neighborhood. Shaffer asked if the side walls of the entry would be glass. Kapsner said yes. Swedberg believes the approval of the variance can be justified for three reasons: prevention of drainage of water, topography of the lot and improved aesthetics for the benefi~ of the neighbors. MOVED by Shaffer, seconded by Swedberg and motion carried unanimously to approve the requested variance from Section 11.21, Subd. 7(A) with the understanding that the eaves would not be any longer than 30 inches. . 4224 Golden Valley Road (Map 5) (98-7-23) Denise and Rob Kina Request: Waiver of Section 11.21, Subd. 7(8) Rear Yard Setback for 5.5 feet of the required 25 feet to a distance of 19.5 feet for a proposed second story balcony, at its closest point to the rear property line; and Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback of 2.2 feet off the required 13.20 feet to a distance of 11 feet for the existing deck, at its closest point to the east property line. Purpose: To allow for the construction of a 5' x 10' balcony off the rear of the house. Sell read the requested variances. Ms. King was in attendance. Sell pointed out to staff that the rear yard setback was amended in 1964 from 42 feet to 25 feet; therefore the variance would be for 5.5 instead of the 22.3 feet as noted on the agenda. Staff took note. Grimes commented that the file did not indicate why the house was placed so far back on the lot. He told the commission that the subject deck was replaced in 1994 and the Inspections Department probably did not require a variance at that time because the footprint of the deck did not change. Staff's intent at this time is to address all nonconformities. . . . . Minutes of the Golden Valley Board of Zoning Appeals July 28, 1998 Page 5 1625 Swedberg commented that this is a unique piece of property with the house placed so close to the rear property line. He doesn't believe the proposed balcony would have an impact on any of the neighbors. MOVED by Swedberg, seconded by Shaffer and motion carried unanimously to approve the requested variances from Section 11.21, Subd. 7(B) and 7(C)(2) as noted above. 6336 Phoenix Street (Map 16) (98-7-24) Juli Penninaton Request: Waiver from Section 11.21, Subd. 7(C)(1) Side Yard Setback for 10.26 feet off the required 15 feet to a distance of 4.74 feet for the existing house, at its closest point to the west property line. Purpose: To allow for the construction of a conforming deck onto the northwest corner of the house and conforming detached garage to the rear of the house. Chair Sell reviewed the requested variances. Ms. Pennington was in attendance. Sell noted the placement of the house next to the west property line and assumed that the east property line was the furthermost point to the east, and not the dotted line down the middle of the survey. Grimes said that if the owner ever wanted to sell the east lot, a variance would be needed for the existing structure. The Board and Grimes continued discussion of the width of the lot and whether the eastern lot could be sold off. Sell asked the applicant if she would possibly sell off the one lot. Pennington said that would be a possibility, but at this time she had no plans to do so. Grimes said the survey reveals that the house was built on one lot. Pennington told the Board that she believed the first owner owned many of the lots in this area. Sell said it looks as though many of the lots are 100 feet in width and by selling off this lot it may change the character of the neighborhood. Sell said the Board did not have a problem with the requested variances and the proposed deck, the problem is whether the house sits on a 50 foot lot or 100 foot lot. Grimes suggested giving two variances - one for a 50-foot lot and one for a 1 aD-foot lot. MOVED by Polachek, seconded by Shaffer and motion carried unanimously to approve the variances from Section 11.21, Subd. 7(C)(1) as submitted and noted above. Grimes said he would have staff review the survey regarding the lots for this property. III. Other Business A. Acknowledge receipt of letters received from David Licht and Robert Van Hauer. Chair Sell acknowledged the letters received from Mr. Licht and Mr. Van Hauer. Minutes of the Golden Valley Board of Zoning Appeals July 28, 1998 Page 6 MOVED by Shaffer, seconded by Polachek and motion carried unanimously to receive and file these letters. IV. Adjournment Chair Sell adjourned the meeting at 8pm. )n~.,idL- Mike Sell, Chair ~ / . i_ ... Mark Grimes, Staff Liaison 1626 . . .