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02-25-14 BZA Minutes Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals February 25, 2014 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, February 25, 2014 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. City Planner Jason Zimmerman called the meeting to order at 7:08 pm. Those present were Planning Commission Representatives Boudreau-Landis, McCarty, Segelbaum and Waldhauser. Also present were City Planner Jason Zimmerman, Planning Intern Nick Olson and Administrative Assistant Lisa Wittman. Board Members Johnson, Maxwell and Nelson were absent. Since the Chair and Vice Chair were absent Segelbaum nominated McCarty to be Chairperson Pro Tem. McCarty accepted and chaired the meeting. I. Approval of Minutes — January 28, 2014, Regular Meeting The Board decided to put the approval of the January 28, 2014, minutes on the next regular agenda since many of them did not attend the January 28 meeting. II. The Petition(s) are: 1343 Orkla Drive Lake West Development (Covinqton, LLC) Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(1) FrontYard Setback Requirements • 7.1 ft. off of the required 35 ft. to a distance of 27.9 ft. at its closest point to the front yard (north) property line. Purpose: To allow for the construction of a new home. Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(3)(b) Side Yard Setback Requirements • City Code requires an increase in side yard setback area for houses over 15 feet in height. The applicant is asking for a variance from this requirement. Olson referred to a survey of the property and stated that it consists of two lots. He explained the applicant's proposal to un-combine the lots and build two new houses. The variances requested relate to the proposed new home on lot to the north. He added that the proposed new home would line up with the existing homes along Knoll Street, several of which have received variances from the front yard setback requirements and are located closer than the required 35 feet from Knoll Street. Minutes of the Golden Valley Board of Zoning Appeals February 25, 2014 Page 2 Waldhauser asked if the City has recommended to the applicant that he re-plat the property so that two homes could fit without the need for variances. Olson stated no, and explained that because the two lots already exist the City wouldn't require re-platting. Segelbaum asked about the un-combining process. Olson explained that the property consists of two existing platted lots of record that were combined at some point for tax purposes. Only one house with one address has been located on the property, but it is really two lots. Segelbaum asked how big of a side yard variance is being requested. Olson stated that the applicant is proposing to build up to the required 12.5 foot setback. The request is to not have to increase that setback amount as the house gets taller. In this case, the height of the proposed house would require there to be a 15.5 foot side yard setback. Segelbaum referred to a map showing the locations of other houses along Knoll Street and asked which ones received variances. Olson pointed out the ones where he found evidence that a front yard variance had been granted. Boudreau-Landis referred to the survey of the property and noted that the property line along the east seems closer to the street than the property line along the north. Zimmerman stated that the amount of right-of-way is different along each front. McCarty referred to the survey and asked if the south side yard setback was measured from the foundation or the cantilevered wall of the proposed new house. Zimmerman said it was measured to the cantilevered wall, because the floor will cantilever. If it were a bay window and not the floor, the measurement would be taken from the foundation. Segelbaum asked if the south elevation would be in violation of the articulation requirements if the wall did not cantilever. Zimmerman said yes. Segelbaum asked about the distance between the house and the south property line without the cantilevered wall. Olson stated that it would be approximately two feet further away from the property line, but the applicant would still need a variance of one foot. Ben Wikstrom, Lake West Development, Applicant, said he would be willing to shift the house three feet to the north and ask for a larger front yard variance in order to meet the side yard setback requirements. He referred to a survey of the property and noted that Knoll Street, along the north of the property, isn't centered within the right-of-way so there is more open space along the north side of the property. He stated that the houses he is proposing to build are reasonably sized homes. He referred to the comment made about redrawing the property line between the two lots and explained that they considered that option, however they would like to keep the south lot larger in size. He stated that if they don't receive variances, they would still construct two new homes, but the north home just wouldn't be as functional. He added that he feels a precedent has been set with the other homes in the area that were constructed closer than 35 feet to the front yard property line. McCarty asked Wikstrom to discuss the un-combining of the lots and asked what would prevent him from making this proposal work without variances. Wikstrom reiterated that this property is legally platted as two lots which, by statute, he can build on. Minutes of the Golden Valley Board of Zoning Appeals February 25, 2014 Page 3 He stated that if he shifted the existing property line between the two lots to make the houses conform, both houses would be similar in size and there would be two homes that look the same right next to each other. Waldhauser asked if the side yard setback would have to increase if a two-story home is built on the south lot. Wikstrom said yes. Segelbaum asked Wikstrom to identify the practical difficulties that would help justify the granting of variances. Wikstrom stated that the buildable area on the north lot is small and added that the setback requirements and house styles were different when the property was originally platted. He stated that he is not implying that there are financial difficulties but the lots are already platted this way and were not created by him. He added that a home that is 25 feet wide and 100 feet long would not be in character with this neighborhood. McGarty opened the public hearing. Cathy Zettervall, 1336 Wisconsin Avenue North, said she doesn't want variances granted for this property because she doesn't want to see houses that are bigger than every other house in the neighborhood. She added that she thinks it is a weak argument by the applicant to state that he doesn't want two houses that would like alike next to each other. Larry Zettervall, 1336 Wisconsin Avenue North, asked if the Board has to consider the height of other houses in the area as well. Waldhauser explained that the increased side yard setback area according to the height of a house is a recent requirement. Segelbaum added that the 35-foot front yard setback has been in ptace for long time. Zettervall asked about the reasons for the setback requirements. Waldhauser stated that front yard setbacks were established to keep consistent lines of view up and down a street and the increased side yard setbacks were established to cut down on the amount of light that is blocked and to protect existing neighbors. Seeing and hearing no one else wishing to comment, McCarty closed the public hearing. Waldhauser stated that the front yard setback proposed is not out of character and won't look out of place. She referred ta the side yard setback request and stated that when the two-foot deep cantilevered portion of the wall is taken into account the distance is really one foot visually and she doesn't feel it would be necessary to re-draw the property lines for such a small distance. Segelbaum asked Waldhauser if she would rather see the house pushed further to the north so that a side yard setback variance would not be needed. Waldhauser said no, she would not like to see the house built closer to Knoll Street. Boudreau-Landis agreed with Waldhauser and said the proposal is reasonable and that it is really a small infraction on the south, side yard setback requirements. He also stated that he is comfortable with the front yard variance request since the right-of-way area along the north is quite a bit larger than normal. Segelbaum also agreed and stated that the side yard setback request is minimal and that the Board has historically been very conscious of front yard setback requirements. He said he would be supportive of both of the proposed variances. Minutes of the Golden Valley Board of Zoning Appeals February 25, 2014 Page 4 McCarty added that the topography also breaks up the visual piane on the block. He said he thinks this is a reasonable proposal but he is not convinced that the difficulties are unique to the property and although the issues were not caused by this landowner, they were caused by a past landowner. He said he would be curious to see other ways to plat this property. Zimmerman stated that he is not sure that two lots, with enough width, could be created if the center property line was shifted. McCarty suggested the lot line between the two properties could be platted from north to south instead of east to west. Waldhauser stated that the elevations for the sides of the house look boring because there are no windows proposed. Wikstrom said he would be willing to add windows on both sides of the house. Segelbaum stated that he hopes the applicant won't need to ask for variances to build a house on the south lot and questioned if that could be added as a condition to this proposal. McCarty said he doesn't think the Board has that authority. MOVED by Segelbaum, seconded by Boudreau-Landis and motion carried unanimously to approve the following variance requests: • 7.1 ft. off of the required 35 ft. to a distance of 27.9 ft. at its closest point to the front yard (north) property line to allow for the construction of a new home. • The side yard setback along the south property line is allowed to remain at 12.5 feet without increasing even though the house is over 15 feet in height. Waldhauser added a condition that windows be added on the north and south side elevations. The Board agreed with the added condition. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 7:50 pm. � � � # , � , . � . � �, �; �,� . G rge Maxwell, Chair Li Wittman, Administrative Assistant