10-27-98 BZA Minutes
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
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October 27, 1998
The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday,
October 27, 1998, in the Council Chambers, 7800 Golden Valley Road, Golden Valley, MN.
Polachek served as Acting Chair for the meeting in the absence of Chair Sell. Polachek called
the meeting to order at 7 p.m.
Those present were: 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 - September 22, 1998
Swedberg stated the minutes for September 22, 1998 should be amended as follows:
On page five, under the petition for 401 Meadow Lane North/Robert D. Lang, the
second sentence of the first paragraph should be deleted. It should be replaced with
the following: Because Board Member Lang is the petitioner in this case he stepped
down from the Board to become a private citizen presenting his case.
MOVED by Swedberg, seconded by Shaffer and motion carried unanimously to approve the
September 22, 1998 minutes as amended above. .
II. The Petitions:
1601 Rhode Island Avenue North (Map 15) (98-10-38)
James and Karen Maunder
Request:
Waiver from Section 11.21, Subd. 7(A) Front Yard Setback for .2 feet
off the required 35 feet to a distance of 34.8 feet for the existing house
at its closest point to the front property line; and
Waiver from Section 11.21, Subd. 7(C)(1) Side Yard Setback for .8 feet
off the required 15 feet to a distance of 14.2 feet for the existing house
at its closest point to the side (north) property line.
Purpose:
To allow for the construction of a conforming 14' x 14' screened-in
porch.
Polachek read the requested variances. James Maunder was in attendance.
Staff Liaison Grimes indicated that the requested variances are for the existing house and are
very small in nature. The addition the Maunders are constructing is conforming. Due to the
minor nature of the request, Grimes indicated that staff allowed the owner to sign a "Hold
Harmless" letter so he could proceed with the construction of the conforming screen porch. .
Maunder stated he had obtained a professional survey of the property and had signed the
"Hold Harmless" letter.
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Minutes of the Board of Zoning Appeals
October 27, 1998
Page 2
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MOVED by Shaffer, seconded by Lang and motion carried unanimously to approve the
requested variances as noted above.
6716 Knoll Street (Map 15) (98-10-39)
Edward G. Raine
Request:
Waiver from Section 11.21, Subd. 7(C)(1) Side Yard Setback for 5 feet
off the required 15 feet to a distance of 10 feet for the existing house, at
its closest point to side (west) property line.
Purpose:
To allow for the construction of a conforming deck and three-season
porch onto the rear of the house.
Polachek read the requested variance. Edward Raine was in attendance.
Staff Liaison Grimes indicated that Mr. Raine is requesting a variance to construct a
conforming three-season porch and deck onto the rear of his house. The variance is for the
existing house that is only 10 feet from the west property line. Due to the minor nature of the
variance, Grimes stated that staff allowed the owner to sign a "Hold Harmless" letter so he
could proceed with the construction of the addition. Shaffer stated the staff memorandum on
this property indicated the Inspections Department had determined the proposed deck should
be considered a patio because it would be less than 10 inches above ground. There was brief
discussion regarding this determination. Grimes indicated a building permit would not be
required for a patio, but it has been included since it is part of the three-season porch addition
that requires a permit. Grimes stated a building permit was issued for the garage in 1950 but
no variances were approved at that time. He said the setback requirements may have been
different in 1950 so a variance may not have been necessary.
MOVED by Swedberg, seconded by Shaffer and motion carried unanimously to approve the
requested variance as noted above.
6316 Winsdale Street North (Map 15) (98-10-40)
PaulVonEnde
Request:
Waiver from Section 11.21, Subd. 7(C)(1) Side Yard Setback for 1.2
feet off the required 15 feet to a distance of 13.8 feet for the existing
structure at its closest point to the side (east) property line; and
Waiver of Section 11.21, Subd. 12 Accessory Structures to allow the
proposed two-stall garage to be constructed along side the house
instead of to the rear.
Purpose:
To allow for the construction of a two-stall garage along side the main
structure instead of to the rear.
Polachek read the requested variances. Paul VonEnde was in attendance.
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Minutes of the Board of Zoning Appeals
October 27, 1998
Page 3
Staff Liaison Grimes indicated there is a minor issue with a setback on the existing house.
The major issue is the construction of the proposed garage to the side of the house. Grimes
indicated a concrete driveway has already been poured to access the proposed garage. He
said the owner plans to connect the house to the garage in the future. Under city code, if the
garage were connected to the house, the only variance required would be for the existing
house. Shaffer commented the owner could connect the garage to the house with a
foundation wall or a low wall and it would be considered an attached garage. Polachek
questioned the purpose of the code requiring detached garages be located in the rear.
Shaffer suggested it may have been appearance. Swedberg asked VonEnde about the size
of the garage (24 x 30). VonEnde stated that both he and his spouse have motorcycles to
store in the garage, as well as two vehicles and lawnmowers. He said they also allowed
space in the garage for a work area that can be used while both vehicles are parked in the
garage. Swedberg asked how they planned to connect the house and the garage given the
location of the proposed garage. VonEnde indicated they would include proper footings along
the east side of the garage to accommodate connecting to the house at a later date. He said
they plan to construct a family room addition between the house and the proposed garage but
they want to wait three to five years due to the additional cost.
MOVED by Swedberg, seconded by Lang and motion carried unanimously to approve the
requested variance as noted above with the following change: The side yard setback is 13.6
feet rather than 13.8 feet. Swedberg indicated the approval of the variance is based on the
plans of the applicant to join the garage and the house at some future date.
4240 Glenwood Avenue (Map 8) (98-10-41)
Philip and Sandra Allen
Request:
Waiver of Section 11.21, Subd. 7(B} Rear Yard Setback for 9.8 feet off
the required 22.8 feet to a distance of 13 feet for the proposed two-stall
garage/living addition at its closest point to the rear (north) property line.
Purpose:
To allow for the construction of a two-stall, tuck-under garage with a
two-story living addition above it located in the same place as the tuck-
under single-stall garage with a screened-in porch above.
Shaffer abstained from discussion and voting on this issue.
Polachek read the requested variances. Philip and Sandra Allen were in attendance.
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Staff Liaison Grimes indicated the property was subdivided into three lots in the early 1980s.
At that time, the city allowed flag lots and as a result this lot has a narrow forty foot driveway
which provides access to the street. He stated the owners wish to tear down the existing tuck-
under garage and the existing detached garage. They are proposing to attach a new tuck-
under garage, with two-story living space above, on the east side of the house; Grimes
indicated the requested variance is for 9.8 feet off the required 22.8 feet to a distance of 13
feet for the proposed attached garage. He indicated the driveway was not included in the
calculation to determine the required rear setback. Lang commented that it appeared that one .
of the neighbors (Fox) behind the owner did not sign off on the application. Sandi Allen
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October 27, 1998
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indicated she has signed. Lang commented that it appears this is the only neighbor that
would be impacted. Lang questioned where the access to the new garage would be located.
Sandi Allen indicated they would utilize the existing driveway and approach. Swedberg
commented that the concern with approving a variance is who would be impacted by allowing
the structure into the rear yard setback. He said, in this case, it appears there is only one
house that would be impacted at all and the impact there would be minimal since it is located
off to the side. Lang questioned if the existing single car garage would be torn down. Sandi
Allen indicated it would be torn down. Lang questioned if they would be able to make the turn
into the garage using the existing driveway and approach. Sandi Allen indicated they have
discussed this with their architect and feel it will work.
MOVED by Swedberg, seconded by Lang and motion carried unanimously to approve the
requested variance as noted above since it is extremely unlikely that anyone could ever build
anything adjacent to the north side of this property.
III. Other Business
No other business was addressed.
IV. Adjournment
The meeting was adjourned at 7:34pm
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Mike Sell, Chair
Mark Grimes, Staff Liaison