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08-25-98 BZA Minutes . . . 1627 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals August 25, 1998 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, August 25, 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, Swedberg, and Planning Commission Representative Shaffer. Also present were Staff Liaison Mark Grimes and Recording Secretary Tammi Hall. I. Approval of Minutes - July 28, 1998 Swedberg stated the following corrections should be made to the minutes of July 28, 1998: On page four, third paragraph, "peek" is spelled incorrectly in the final sentence. It should read "Kapsner stated that he could pull the roof back 6 inches and still maintain the peak as found on other parts of the house". On page four, fourth paragraph, "affect" should be changed to "effect" in the first sentence. It should read "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". On page four, fifth paragraph, the second sentence ("He continued saying that due to the topography of the land, the request can be justified".) should be deleted. On page four, sixth paragraph, the following should be added: 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 benefit of the neighbors. MOVED by Shaffer, seconded by Polachek and motion carried unanimously to approve the July 28, 1998 minutes with the changes suggested by Swedberg. II. The Petitions: 320 Sunnyridge Lane (Map 9) (98-8-25) John Haberman Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback for 15.8 feet off the required 35 feet to a distance of 19.2 feet for the existing house at its closest point to the front property line. Purpose: To allow for the construction of a conforming attached 24' x 30' tuck-under garage with a three-season porch and mudroom above. Minutes of the Board of Zoning Appeals August 25, 1998 Page 2 1628 Chair Sell read the requested variance. John Haberman was in attendance. Staff Liaison Grimes indicated the only concern with the variance was in regard to drainage because the new garage would be a tuck-under style and the lot is very narrow (40 feet wide). This concern could be addressed by requiring Mr. Haberman to present a grading plan to the building department. . Swedberg questioned why they wished to build a garage when there is already a garage on the property. Haberman indicated they wanted an attached garage and this would also provide the opportunity to do some drainage work around the basement area. He said access to the existing garage is tight. Shaffer asked if the driveway to the alley would be two full car widths for the entire length. Haberman indicated that it may narrow slightly at the alley and be somewhat wider near the garage. He said it would still be quite wide at the alley entrance since the alley deadends at his house, and there must be sufficient space for backing out and turning around. MOVED by Shaffer, seconded by Polachek and motion carried unanimously to approve the variance requested as stated above and subject to review of the grading plan by the Inspections Department. 535 Turnpike Road (Map 9) (98-8-26) Tim and Nancv Nelson Request: Waiver of Section 11.21, Subd. 7(B) Rear Yard Setback for 2 feet off the required 40 feet to a distance of 38 feet for the existing house at its closest point to the rear property line. . Purpose: To allow for the construction of a conforming porch tucked into the northwest corner of the house. Sell read the requested variance. Nancy Nelson was in attendance. Grimes stated this is a simple variance request; the addition is completely conforming, but the existing house does not meet the rear yard setback. He said since the variance required was very small, staff worked with the owner on a "Hold Harmless" letter to allow them to proceed with the porch addition. MOVED by Polachek, seconded by Swedberg and motion carried unanimously to approve the variance requested as stated above. 217 Natchez Avenue South (Map 9) (98-8-27) Bonnie Russell Request: Waiver of Section 11.21, Subd. 12 Accessory Buildings. To allow an accessory structure to be located in front of the house instead of behind the house. Purpose: To allow for the construction of a 20' x 50' swimming pool in front of the house. . Sell read the requested variance. Bonnie Russell was in attendance. Her neighbor, Sandy Satz, was also in attendance. Grimes stated the house is over 200 feet from the front . . . Minutes of the Board of Zoning Appeals August 25, 1998 Page 3 1629 property line and only 30 feet in the rear. Lang commented that it appears the only neighbor able to see the pool would be at 308 Natchez. Sandy Satz indicated this was her home. Russell stated the pool would not be visible from any neighbor because there would be a row of arborvitae. She also said the pool would be styled more like a pond, surrounded by fieldstone rather than cement. Russell said she bought the property with the intention of constructing the pool and prior to purchasing the property she contacted the City to determine if there would be any problem in placing the pool in the front yard. She said the City informed her the front yard setback was 35 feet and did not indicate that a pool could not be placed in the front yard, and based on the City's response, they purchased the property assuming the pool could be placed in the front yard. Sell questioned why the pool could not be located closer to the house noting that the current plan places the pool 135 feet from the house. Russell indicated that moving the pool to the east would make it very visible to the neighbor on that side. She said there is also a garden that has an estimated $30,000 worth of perennials in it which they do not want to destroy. Sandy Satz indicated her home and deck overlook this home and she wished to object to approval of the variance. She also presented a signed statement from another neighbor, Nancy Statt, who is also opposed to locating the pool in the front yard. She feels the City should stand behind their code of not allowing accessory structures in the front yard, particularly this close to the street. Russell indicated she has obtained signatures from all property owners that abut her property. The City did not inform her that it was necessary to obtain signatures of property owners across the street, though she did obtain the signature of the property owner directly across the street from her home. Polachek questioned whether the City would require a fence around the pool. Grimes indicated city code requires a 3 to 4 foot fence around swimming pools for safety reasons. Russell's property is already fenced with an iron picket fence. Russell said she checked with the City regarding the requirement for additional fencing and were told the current fence would be sufficient if it had self-locking, self-closing gates. Shaffer questioned if it would be pOSSible to move the pool further to the east. Russell indicated the root system of the trees would be destroyed if it were moved further east. Shaffer asked if they had considered re-orienting the pool in a north-south direction. Russell indicated this would also disrupt the tree root system. She added, the pool would run length-wise along the street and would still be only 45 feet from the street. Shaffer suggested arborvitae be planted closer to the pool rather than along the street. Russell indicated the street is approximately 6 feet higher than the pool so plantings along the street provide more height and privacy. MOVED by Swedberg to deny the variance to allow a swimming pool in the front yard. He said that for as long as the Board has been in existence, it has held front yards sacred and has allowed variances only for urgent reasons. This is a recreational use and that use is not a sufficient reason to violate a principle in place for 30 years. Motion failed. Shaffer commented he would hesitate to deny a variance based on noise or because it is for recreational use. He said city code refers to pools as accessory buildings but the property owners could build a large patio in this spot which would be for recreational use and create potentially as much noise as a pool, and yet be in complete compliance with city code. Shaffer added that the impact to the street would be minimal with proper landscaping. Grimes indicated it would appear that a professional landscape plan should be completed and Minutes of the Board of Zoning Appeals August 25, 1998 Page 4 1630 submitted to the city for review. Russell indicated they had a landscape plan that was provided to the City, but would submit it again. . MOVED by Shaffer, seconded by Polachek to approve the variance to allow construction of a pool in the front yard setback subject to approval of a professional landscape plan that meets the goal of shielding the pool from the neighborhood and the street. Motion carried 4 to 1. Swedberg opposed. 7775 Medicine lake Road (Map 14) (98-8-28) Golden Vallev VFW Request: Waiver of Section 11.30, Subd. 7(A) Front Yard Setback for 25 feet off the required 35 feet to a distance of 10 feet for the lack of green space in the front setback due to existing parking and possible County right-of-way taking for the future widening of Medicine Lake Road. Waiver of Section 11.30, Subd. 5 Restricted Uses to allow an open trash enclosure to remain outside the building when it should be located wholly within a building. Waiver of Section 11.30, Subd. 7(B)(3) Side and Rear Yard Setbacks for 20 feet off the required 20 feet to a distance of 0 feet to allow the open trash enclosure to remain on the west property line . Waiver of Section 11.30, Subd. 7(B)(3) Side and Rear Yard Setbacks for 9 feet off the required 20 feet to a distance of 11 feet for the existing garage located at the southwest comer of the property. Waiver of Section 11.30, Subd. 6(A)(B)(C) and (F) Parking for 10 parking spaces off the required 229 parking spaces for a total of 219 parking spaces on the site. Purpose: To allow for the construction ofa 22' x 82' conforming addition onto the rear of the existing building to be used for VFW storage and additional floor space for the Pizazz Beauty Shop. Sell read the requested variances. Hal Pierce, architect for the VFW project and Ken Mosloski of the VFW were in attendance. Grimes indicated the VFW is located on three lots that are being consolidated. He said that when a proposed plat goes through the hearing process, the City must contact the agency that may be affected by the plat. In this case, Medicine Lake Road is a county road and staff has sent the plat on to the County for comments. He said no response has been received from the county regarding the request for an additional seven feet of right-of-way for the future widening of Medicine Lake Road. Grimes added that it is strongly believed that the County will request this additional footage. This would leave only 10' of green area along Medicine Lake Road requiring a variance for 25'. . Minutes of the Board of Zoning Appeals August 25, 1998 Page 5 1631 . Grimes said the trash structure requires variances for setback issues and does not meet the requirements that a trash enclosure be a structure with a roof. Grimes next reviewed the requested variance for the garage. He noted that staff assumes that when the garage structure was built it complied with the residential code, which allows accessory structures to be placed at least 5' from the property line; however, this code does not apply to commercial buildings. Grimes said the Planning Commission has asked staff to look into revising the code regarding trash enclosures. He also said given the current methods for trash removal, requiring a roof on a trash structure does not seem to be practical. Grimes said staff has contacted some other cities regarding their codes. Plymouth and Minnetonka ordinances allow structures to be open on top but require they be gated and constructed of materials similar to the building. Grimes suggested the VFW trash structure needs some improvement even if a roof is not required. Polachek questioned the impact of the loss of ten parking spaces. Grimes indicated he felt the remaining parking spaces would be sufficient. He noted that there is an additional problem with debris in the parking area, and by the time a building permit is issued the sweeper should be parked in the garage or removed from the site. MOVED by Polachek to grant all requested waivers. Shaffer amended the motion to grant all waivers with the additional stipulation that the trash enclosure be repaired and gates added to the front to more closely comply with current regulations. Motion amended, seconded by Shaffer and carried unanimously. . 601 Boone Avenue North (Map 21) (98-8-29) Citao Service Station. Tom Malik. Applicant Request: Waiver of Section 11.30, Subd. 7(A) Front Yard Setback for 14 feet off the required 35 feet to a distance of 21 feet for the lack of green space in the front setback along Boone Avenue North and 6 feet off the required 35 feet to a distance of 29 feet for the propane tank at its closest point to Olson Memorial Highway. Waiver of Section 11.30, Subd. 6(J) Parking - Service Stations for 1 parking space off the required 16 parking spaces to allow for 15 parking spaces on the site. Waiver of Section 11.70, Subd. 7(C) - Off-Street Parking and Loading Regulations - Design Standards to allow for the existing site to remain without concrete curb and gutter until a point in time when the existing driveways and parking area are upgraded. Waiver of Section 11.30, Subd. 5 Restricted Uses to allow an open trash enclosure to remain outside the building when it should be located wholly within a building. . Purpose: To allow the owner to change the direction of the pumps and canopy from an east-west direction to a north-south direction. Minutes of the Board of Zoning Appeals August 25, 1998 Page 6 Sell read the requested variances. Tom Malik was in attendance. Grimes indicated there is room for additional parking to be. added if it is necessary in the future, and curb and gutter can be added when the parking lot is improved. He said there is no trash enclosure presently on the site but there is room to add a gated enclosure. Shaffer reported the Planning Commission recommends approval of all requested variances since they are for existing conditions. He said they recommend that a trash enclosure be required, but would not need a roof. In regard to the variance for the propane tank Malik indicated that when the tank was installed the installers did not want the propane tank to run east and west due to the location of the Perkins restaurant next door, in the event of an explosion. Swedberg questioned what the traffic pattern would be with the proposed change. Malik indicated the change was being made to encourage patrons to exit on 7th and also because the pumps can be viewed from the cash register to prevent drive-aways. He felt the new plan would improve the traffic flow. MOVED by Shaffer, selconded by Swedberg and motion carried unanimously to approve the variances as requested with the requirement for a trash enclosure made with compatible materials of the existing structure and that it would not need a roof. 8909 Wayzata Boulevard (Map 23) (98-8-30) AT&T Wireless Services Inc. (Wilkins Pontiac Site) Request: Waiver of Section 11.36, Subd. C(3) Side Yard Setback to allow .37 feet off the required 20 feet to a distance of 19.63 feet for the existing structure at its closest point to the east property line, 10 feet off the required 20 feet to a distance of 10 feet for the proposed telephone and radio tower at its closest point to the east property line, and 13.5 feet off the required 20 feet to a distance of 6.5 feet for the existing trash enclosure at its closest point to the east property line. Waiver of Section 11.36, Subd. 7(1) Loading Requirements - Premises for Automobile or Other Motor Vehicle Sales and Showrooms for 2 parking spaces off the required 17 spaces to allow for a total of 15 employee parking spaces on the site. Purpose: To allow for the construction of a new two-story trash enclosure in the side setback and a telephone and radio tower in the side setback. 1632 . . Sell read the requested variances. Peter Beck, attorney representing AT&T Wireless Services and Ron Mielke, Real Estate Manager for AT&T Wireless Services were in attendance. Grimes referred to Shaffer for comments on this request. Shaffer indicated the Planning Commission felt comfortable with the variance to allow the tower in the setback but there were concerns about allowing the trash enclosure in the side yard setback. He said that since the existing trash enclosure would need to be demolished, the Planning Commission felt there was no reason to rebuild it in the side yard setback. AT&T felt the proposed structure was more aesthetically pleasing in its current location because it would provide somewhat of a shield for the tower. Shaffer said the Commission recommended the trash enclosure be moved farther to the west and be attached to the building. Sell expressed concern regarding . the number of variances involving trash enclosures and believes the code may need to be clarified more precisely. Beck indicated they have spoken with Mr. Wilkins regarding the . . . Minutes of the Board of Zoning Appeals August 25, 1998 Page 7 1633 proposal and will move the trash enclosure to the west, as recommended by the Commission, but still believe it would be more aesthetically pleasing to construct the new trash enclosure in its current location. He said the steps, to the second story, could be brought down along the side wall and no parking spaces would then be lost, but this would result in the stairs being in the setback area. Grimes stated stairs are allowed in the setback. He also commented that the two parking spaces, which would be lost with the stairs going into the parking area, would not have a major impact on the parking situation. Grimes indicated at the time the original building permit was issued, the trash enclosure may have been viewed as similar to a fence rather than as a structure so the permit was allowed with the trash enclosure in the setback. Sell questioned whether the City is setting a precedent by allowing the tower in the setback. Beck indicated that many cities prefer towers be placed in the setback because they are less visible in a corner location and a decision to allow the tower in the setback would be very consistent with what other cities are doing. MOVED by Shaffer, seconded by Swedberg and motion carried unanimously to approve the following variances: · .37 feet off the required 20 feet to a distance of 19.63 feet for the existing structure · .37 feet off the required 20 feet to a distance of 19.63 feet for the proposed trash structure. · 10 feet off the required 20 feet to a distance of 10 feet for the proposed telephone and radio tower . 2 parking spaces off the required 17 spaces 9300 Naper Street (Map 20) (98-8-31) Hennepin County Property Services - COmmunication Facility for the Hennepin County Sheriff's Department Request: Waiver of Section 11.46, Subd. 9 Front Yard Setback for 33 feet off the required 35 feet to a distance of 2 for the required green space in the front setback. Purpose: To allow for the widening of the front driveway into the front setback. Sell read the requested variance. Richard Strong and Bruce Lennox of Hennepin County were in attendance. They indicated the wider driveway is necessary for larger vehicles, maintenance and snow plowing purposes, and the expansion of the parking lot is needed to accommodate current and a 10-year projected work force. The applicants also indicated that space is necessary for vehicles at the site for maintenance purposes. Lennox stated he spoke with the neighbor directly across the street regarding the proposed change and the removal of spruce trees, and her only concern was that the trees be relocated if possible. MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve variance as requested. Minutes of the Board of Zoning Appeals August 25, 1998 Page 8 III. Other Business None IV. Adjournment Chair Sell adjourned the meeting at 9:45pm. ~~ Mike Sell, Chair Mark Grimes, Staff Liaison 1634 . . .