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11-24-98 BZA Minutes 1644 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals . November 24, 1998 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, November 24, 1998, in the Golden Valley City Hall Council Chambers, 7800 Golden Valley Road, Golden Valley, MN. Chair Sell called the meeting to order at 7pm. Those present were: Chair Sell and Members Lang, Polachek, and Swedberg; and Planning Commission Representative Shaffer. Also present were Staff Liaison Mark Grimes and Recording Secretary Tammi Hall. I. Approval of Minutes - October 27,1998 MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve the minutes of the October 27,1998 meeting as submitted. II. The Petitions: 2340 Decatur Avenue North (Map 19) (98-11-42) Anne and Paul Holten Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback for 2.3 feet off the required 35 feet to a distance of 32.7 feet for a proposed porch onto. the front of the existing house. Purpose: To allow for the construction of an 8' x 37'7" porch. Chair Sell read the requested variance. Anne Holten was in attendance. Staff Liaison Grimes stated that the proposed addition projects into the front setback by 2.3 feet. He added that the Commission has traditionally viewed variances for front yard setbacks as fairly significant. In this case, the property owner wishes to add the porch to improve the appearance of the front of the home as well as add Liseable space. Swedberg asked if the porch would be as wide as proposed by the property owner. Holten indicated they plan to build it as proposed. She stated they have elderly parents and need an entrance that is wide enough to allow wheelchair access. Swedberg commented that the Board is generally sensitive to construction in the front yard setback, but that, in this case, the proposed addition would be aesthetically pleasing and is only a minor intrusion into the setback. MOVED by Swedberg, seconded by Polachek and motion carried unanimously to approve the requested variance as noted above. 2300 Decatur Avenue North (Map 19) (98-11-43) Tom Sauer Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback for .4 feet off the required 35 feet to a distance of 34.6 feet for the existing house, at its closest point to the front property line; and . . . . Minutes of the Board of Zoning Appeals November 24, 1998 Page 2 1645 10.9 feet off the required 25 feet to a distance of 14.1 feet for the existing house at its closest point to the rear (north) property line. Purpose: To allow for the construction of a conforming 14' x 14' addition onto the east side of the house. Chair Sell read the requested variances. Tom Sauer was in attendance. Staff Liaison Grimes stated that the variances are required for the existing house. He said the north side is considered to be the rear yard on this lot. He indicated that at the time the house was built, the north side was probably considered a side yard and what the City now considers a side yard was probably considered to be the rear yard. Because of the situation, staff allowed the applicant to submit a "Hold Harmless" letter which allowed him to begin construction on the three-season porch. Sauer asked why it was necessary for him to have a survey of the property done when the stakes were in place on the property. Sell responded that the ordinance requires a survey. He stated that, for most homes built in Golden Valley, the original survey shows how far the house was to be built from the property line, but generally no survey was done after a house was actually built to make certain that it was properly placed on the property. He indicated that frequently the original surveys are off by anywhere from 1/2 to 2 feet from where the house was actually built. Swedberg added that the Board is making a legal decision and they must have an accurate, current survey on which to base its decision. MOVED by Polachek, seconded by Shaffer and motion carried unanimously to approve the requested variances as noted above. 10 Western Terrace (Map 23) (98-11-44) Paula Evans Request: Waiver of Section 11.21, Subd. 7(A) Front Yard Setback for 2.3 feet off the required 35 feet to a distance of 32.7 feet for the existing structure at its closest point to the front property line facing Western Avenue; and 3.7 feet off the required 35 feet to a distance of 31.3 feet for the existing house at its closest point to the street property line facing Western Terrace. Purpose: To allow for the construction of a conforming 18' x 20' addition onto the southwest corner of the house. Chair Sell read the requested variances. Paul Weld, representative for Paula Evans, was in attendance. Staff Liaison Grimes stated the variances are required for the existing house which encroaches into the setback areas on the north and east sides. The proposed addition is conforming. He stated that staff is recommending approval of the variance. The property owner has signed a "Hold Harmless" letter in order to begin construction on the proposed addition. Minutes of the Board of Zoning Appeals November 24, 1998 Page 3 1646 MOVED by Shaffer, seconded by Polachek and motion carried unanimously to approve the requested variances as noted above. . III. Other Business Swedberg suggested a method for streamlining the process where a small variance is needed. He proposed that, in cases where a building permit could otherwise be issued except for the fact that the existing building intrudes into the setback by less than one foot, the applicant would not be required to get signatures from all the neighbors as part of the petition process. He stated that the Board can not change the ordinance and it can not be left to staff's discretion because it is outside their realm of authority, but the Board could streamline the process so it is less difficult for property owners needing only a small variance. MOVED by Swedberg, seconded by Polachek and motion carried unanimously to include this matter on next month's agenda. The staff secretary will investigate this issue and determine if there is any reason why the Board could not eliminate the need for obtaining signatures from all the neighbors as part of the petition process in cases where a building permit could otherwise be issued except for the fact that the existing building intrudes into the setback by less than one foot. This would not eliminate the need for a variance or the need for completing the petition form. It would only eliminate the need for obtaining signatures from the neighbors. Shaffer asked what would be accomplished by eliminating this part of the process. Swedberg responded that residents may feel the process is unnecessarily cumbersome in the case of a . small variance. Grimes commented that surrounding property owners are notified ten days prior to the hearing so they would be aware of the variance request. Shaffer commented that obtaining the signatures of neighbors is probably least objectionable part of the process. Grimes stated that, in most cases, the cost of the survey is the part of the process that people find the most objectionable. He added that now surveys are done after the foundation is in the ground so they are more accurate. He stated that staff would do some research to see how other cities are handling minor variances. Due to the holidays, the next meeting will be held on December 15 rather than December 22. Grimes indicated that at this time there is only one item on the agenda for the December meeting. IV. Adjournment 'fi~~ Mike Sell, Chair Chair Sell adjourned the meeting at 7:30pm. Mark Grimes, Staff Liaison .