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04-27-99 BZA Minutes e e e 1663 Minutes of a Regular Meeting of the Golden Valley Soard of Zoning Appeals April 27, 1999 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, April 27, 1999, in the Council Chambers, 7800 Golden Valley Road, Golden Valley, MN. Chair Sell called the meeting to order at 7p.m. Those present were: Members Polachek, Swedberg and McCracken-Hunt (alternate); and Planning Commission Representative Shaffer. Also present were Staff Liaison Mary Dold, and Tammi Hall, Recording Secretary. I. Approval of Minutes - March 23, 1999 MOVED by Polachek, seconded by Swedberg and motion carried unanimously to approve the minutes of March 23, 1999 as submitted. II. Election of Chairperson MOVED by Polachek, seconded by Shaffer and motion carried unanimously to elect Swedberg as Chairperson. III. The Petitions: 6601 Plymouth Avenue (Map 15) (99-4-8) Paul S. Patton Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback for: · 8.5 feet off the required 35 feet to a distance of 26.5 feet for the existing house at its closest point to the front property line. Waiver from Section 11.21, Subd. 7{C){1) Side Yard Setback for: · 6.7 feet off the required 15 feet to a distance of 8.3 feet for the existing house at its closest point to the west property line; and · 5.35 feet off the required 15 feet to a distance of 9.65 feet for the proposed deck at its closest point to the west property line; and · 3 feet off the required 15 feet to a distance of 12 feet for the existing house at its closest point to the east property line. Waiver from Section 11.65, Subd. 5 Zoning Provisions for: · 10 feet off the required 50 feet to a distance of 40 feet for the existing house at its closest point to the Bassett Creek's ordinary high water mark. Purpose: To allow for the construction of a deck onto the rear of the house. 1664 Minutes of the Board of Zoning Appeals April 27, 1999 Page 2 e Chair Swedberg read the requested variances. Paul Patton was present. Staff Liaison Dold stated that the existing house lies within the front and side setbacks, and also within the setback of Bassett Creek requiring variances. The proposed deck would intrude into the west side yard setback and also requires a variance. Dold indicated that the deck does not intrude farther into the setback than the existing house. She stated she had spoken with Tom Hovey, the Area Hydrologist for the DNR, who had no comments on this case. Dold indicated that the proposed deck is 51 feet from the Bassett Creek's ordinary high water mark so it would not lie within the setback of Bassett Creek. MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the variances as requested. 5051 Thotland Road (Map 7) (99-4-9) Dean Man:lolis 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. Waiver from Section 11.21, Subd. 7(C)(1) Side Yard Setback for: e · 1 foot off the required 15 feet to a distance of 14 feet for a proposed addition onto the rear of the house. Purpose: house. To allow for the construction of a living addition onto the rear of the Chair Swedberg read the requested variances. Dean Margolis was present. Dold stated that the applicant would like to construct an office and 4-season room addition onto the rear of the house. At this time there is a screened-in porch where the 4-season room would be placed. She stated that the addition would encroach into the west side setback by 1 foot. She stated that a previous owner was granted a variance for a garage addition and living space above in May of 1987. Dold noted that a very small variance should be granted for the existing house, as the cantilever intrudes into the front setback by a very insignificant amount. She said the current zoning code requires that structures, like a cantilever, be taken into consideration when determining the setback. MOVED by Polachek, seconded by Shaffer and motion carried unanimously to approve the variances as requested. IV. Other Business Dold reported that the City Council passed two new ordinances regarding erosion control and e tree preservation. She stated that the tree preservation ordinance will be implemented on a trial basis for one year. . . . -- 1665 Minutes of the Board of Zoning Appeals April 27, 1999 Page 3 v. Adjournment Chair Swedberg adjourned the meeting at 7:20 p.m. ~::!f:J Mahlon Swedberg, Ch . ~,~n