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06-25-13 BZA Minutes Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals June 25, 2013 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, June 25, 2013 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Vice Chair Johnson called the meeting to order at 7 pm. Those present were Members, Fonnest, Johnson, Nelson and Planning Commission Representative McCarty. Also present were City Planner Joe Hogeboom, Planning Intern Brett Angell and Administrative Assistant Lisa Wittman. Chair Maxwell was absent. I. Approval of Minutes — May 28, 2013 Regular Meeting MOVED by Nelson, seconded by Fonnest and motion carried unanimously to apprave the May 28, 2Q13 minutes as submitted. II. The Petition(s) are: 7759 Winsdale Street (Continued Item) Duane Tiernev, Applicant (13-05-07) Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(1) Front Yard Setback Requirements • 12 ft. off of the required 35 ft. to a distance of 23 ft. at its closest point to the front yard (north) property line. Purpose: To allow for the construction of a new garage. Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(2) Rear Yard Setback Requirements • 20.80 ft. off of the required 28.80 ft. to a distance of 8 ft. at its closest point to the rear yard (east) property line. Purpose: To allow for the construction of a new garage. Angell reminded the Board that this agenda item was tabled at last month's meeting. He explained that the applicant has amended his request and is now proposing to construct a two-stall garage that would be 24 ft. x 24 ft. rather than 24 ft. x 28 ft. The proposed new garage would also be 8 ft. away from the east property line rather than 4 ft. as was proposed in the original request. Hogeboom added that at last month's meeting the applicant was asked to provide plans showing that some of the existing garage space would be turned into living space because the Board had concerns about there being too much garage space. The applicant has provided plan showing his proposal. McCarty asked the applicant if he is intending to change the roof line of the existing bay window on the front of the house. Duane Tierney, Applicant said no and explained that the Minutes of the Golden Valley Board of Zoning Appeals June 25, 2013 Page 2 window i"s under the overhang of the existing roof so the roof line will continue to go straight across the front of the house. Johnson opened the public hearing. Seeing and hearing no one wishing to comment, Johnson closed the public hearing Nelson said she feels more comfortable with the proposed variance requests than she did last month. The Board Members agreed. Nelson referred ta the criteria the Board is to consider when granting variances and stated that the proposal is in harmony with the City Code's intent, it is consistent with City's Comprehensive Plan, it is a reasonable request, the circumstance is unique because there is only a one-stall garage currently on the property and the proposal won't negatively impact the surrounding property owners. MOVED by Nelson, seconded by Fonnest and motion carried unanimously to approve the variance request for 12 ft. off of the required 35 ft. to a distance of 23 ft. at its closest point to the front yard (north) property line to allow for the construction of a new garage. MOVED by Nelson, seconded by Fonnest and motion carried unanimously to approve the variance request for 20.80 ft. off of the required 28.80 ft. to a distance of 8 ft. at its closest point to the rear yard (east) property line to allow for the construction of a new garage. 6731 Golden Valley Road Golden Vallev Historical Societv, Applicant (13-06-08� Request: Waiver from Section 11.46, Institutional Zoning District (I-2), Subd. 7 Side Yard Setback Requirements • 14.75 ft. off of the required 50 ft. to a distance of 35.25 ft. at its closest point to the side yard (west) property line. Purpose: To allow for the construction of a 1,263 square-foot addition. Angell referred to a site plan and stated that the applicant is proposing to construct a 1,263 square foot addition which requires a variance from the west side property line. He explained that the proposed addition would be aligned with the plane of the existing west wall of the building and would not be located any closer to the west property line than the current building. He discussed several of the variances that this property has received in the past. Bob Shaffer, Foundation Architects, representing the applicant, showed the Board pictures of the existing site and building, He showed the Board renderings of what the proposed addition will look like and explained that the addition will be in character with the existing building and that the intent is ta make it look like the addition has always been there. Minutes of the Golden Valley Board of Zoning Appeals June 25, 2013 Page 3 McCarty asked if the applicant is intending to remodel the existing building as well. Shaffer stated that the existing building will remain basically the same. Fonnest asked if the existing trees and shrubs on the west side of the property will remain. Shaffer said yes. He added that some of the trees in the back of the property will be affected but the ones on the west side will remain. Fonnest asked if the slough area to the south will remain. Shaffer said yes and noted that the addition ends before that area. Johnsan opened the public hearing. Kenneth Huber, Golden Valley Historical Society, stated that they came to the Board of Zoning Appeals approximately five years ago with a similar plan. He explained that the previous plans needed about five or six variances compared to this much more madest proposal which requires only one variance. Seeing and hearing no one else wishing to comment, Johnson closed the public hearing. McCarty said he feels comfortable with what the applicant is proposing, especially since there is so much green space between this property and the neighboring property. The other Board Members agreed. MOVED by Fonnest, seconded by Nelson and motion carried unanimously to approve the variance request for 14.75 ft. off of the required 50 ft. to a distance of 35.25 ft. at its closest point to the side yard (west) property line to allow for the construction of a 1,263 square-foot addition. 1401 Valders Avenue North Peter and Sarah Ford, Applicants (13-06-09) Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(1) Front Yard Setback Requirements • 8 ft. off of the required 35 ft. to a distance of 27 ft. at its closest point to the front yard (south) property line. Purpose: To bring the existing deck into conformance with setback requirements. Angell referred to a survey of the property and explained that the applicants are requesting a variance in order to bring their existing deck into conformance with Zoning Code requirements. He noted that if the deck was eight inches in height or less it would be considered a patio and would not require a variance. In this case, the height of the deck varies from 11 to 16 inches in height. Johnson questioned if the existing deck is staying as is, and if the applicant is going to be pauring new footings. Angell said yes. Minutes of the Golden Valley Board of Zoning Appeals June 25, 2013 Page 4 McCarty asked if the applicants started constructing the deck and then realized they needed a variance. Hogeboom explained that the existing deck was built too clase to the front yard property line prior to the applicant purchasing the property. He added that a neighboring property owner, Mike Sell, 1400 Valders Avenue North, contacted him to express support of the applicant's request. Mr. Sell also confirmed that there has been a deck in the same location for many years. Peter Ford, Applicant, stated that he purchased the property in February with the deck in the same location as it currently is. He said his plan is to leave the deck as is and to pour the proper footings underneath. He added that when he applied for a building permit for the new footings he found out that the deck is located in the front setback line. Johnson opened the public hearing, Hearing and seeing no one wishing to comment, Johnson closed the public hearing. Fonnest said he feels comfortable with the variance as requested. The Board members agreed. MOVED by McCarty, seconded by Nelson and motion carried unanimously to approve the variance request for 8 ft. off of the required 35 ft. to a distance of 27 ft. at its closest point to the front yard (south) property line to bring the existing deck into confarmance with setback requirements. III. Other Business No other business was discussed. IV. Adjournment The meeting adjourned at 7:30 pm. � �� i ,, ,>`< �� G� �_� Andrew Johnso `, ice Ghair Jos h S. geboom, Staff Liaison