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05-27-14 BZA Minutes Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals May 27, 2014 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, May 27, 2014, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Maxwell called the meeting to order at 7 pm. Those present were Members Johnson, Maxwell, Nelson, and Planning Commission Representatives Baker and Segelbaum. Also present were City Planner Jason Zimmerman, Planning Intern Nick Olson and Administrative Assistant Lisa Wittman. I. Approval of Minutes — March 25, 2014 Regular Meeting MOVED by Nelson, seconded by Johnson and motion carried unanimously to approve the March 25, 2014, minutes as submitted. II. The Petition(s) are: 4400 Avondale Road Diane and Thomas Mover, Applicants Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3)(A) Side Yard Setback Requirements • 8 ft. off of the required 15 ft. to a distance of 7 ft. at its closest point to the side yard (west) property line. Purpose: To allow for the construction of a new addition on top of an existing 8 ft. x 16 ft. foundation. Olson explained the applicant's request to construct a new bathroom addition on top of an existing large concrete slab which functions as the roof of a garage addition built in the past. He added that the garage addition received a variance in 1968 to be located 7 feet from the side yard (west) property line. Maxwell stated that the staff report refers to an existing shed and asked if there should be any variance requests related to it. Olson stated that the applicant has said that they are planning on removing the existing shed, so no variances will be necessary. Olson showed the Board a survey of the property and a floor plan of the interior of the house. He explained that they are proposing to construct the bathroom in the requested location because the existing plumbing and HVAC is located in the garage which requires the garage to be heated. He added that locating plumbing and HVAC in a garage violates the City's building code so by moving it within the proposed addition it will be brought into conformance with the building code requirements. Minutes of the Golden Valley Board of Zoning Appeals May 27, 2014 Page 2 Johnson questioned if precedent will be set for the location of the proposed future elevator. Olson said he didn't think any future elevator plans would require variances. Segelbaum asked about the current use of the below ground garage space. He asked if it is an extension of the garage or if it is storage space. Olson said his understanding is that the space is used for storage. Segelbaum asked what the City does when a building code violation is discovered. Olson said that the house probably met the building code requirements when it was originally constructed. Segelbaum asked what would happen if the homeowner wants to sell the house. Zimmerman stated that the City does not have a point of sale inspection process. Johnson asked for further explanation of the existing concrete slab. Olson explained that the concrete slab acts as the roof of an addition underneath it and that the top of it is slightly exposed. Segelbaum noted that the variance granted in the past stated that the addition was required to be landscaped and that no portion of it would be above ground. He asked if that is a concern at this point. Olson said he didn't think so. Segelbaum asked about the depth of the lot. Zimmerman stated that the depth of the lot is 200 feet so the rear yard setback would be 40 feet. Segelbaum asked if there are issues with the grade of the property. Olson said there is a significant uphill grade in the rear yard. Nelson agreed and said that the houses behind this one are quite a bit higher. She added that this house does not have much of a rear yard before the incline of the hill starts. Thomas Moyer, Applicant, said he purchased the house in March. It was built in 1953 and hasn't been updated since. He explained that the drain for the existing bathroom goes straight through the garage space. Netson asked Moyer if he had an inspection done when he purchased the home. Moyer said yes, and that nothing was said about the plumbing. Baker asked about the walls between the house and garage and what kind of heat gets into the garage. Moyer stated that it is finely built, solid home. He said he was a toxicologist and he his inclined to think that that Golden Valley would have some liability regarding the severe and significant defect of this house. He said the air duct in the garage can be a source of Carbon Monoxide going into the house. He added that there is not enough space in the garage ceiling to get the ducts out of the garage. He said they plan to live in this house for 20 to 30 years and wheetchairs will not fit, which is another reason they are remodeling the house. He stated that the variance granted in 1968 allowed for the widening of the garage underground with a cement cap on top and that there is no way that cement cap could be landscaped as was required at the time. He said he wants the HVAC system terminated from the garage and wants to build a new structure on top of the garage addition. Minutes of the Golden Valley Board of Zoning Appeals May 27, 2014 Page 3 He said they've considered other options including turning the second bedroom into a bathroom, but then the house would only have one bedroom which is not desirable. He said another option would be to build in the back on the house but that is not a good solution with the grade of the rear yard, so they would like to build the addition using the existing foundation. Baker stated that his house has a bathroom above the garage and the pipes go into the garage and he has never had a problem with pipes freezing other than a time when the water was left running. He questioned why this would be a problem for the applicant, but not for him. Moyer said he can't fathom having plumbing in the garage. Nelson said she is more concerned about the Carbon Monoxide issue. Segelbaum asked the applicant if he has spoken with the neighbor next door. Moyer said yes, and added that the neighbor told him about the past variance. Zimmerman stated that he has also spoken with the neighbor and he has no problem with requested variance. Moyer stated that the neighbor across the street said it will be an improvement. He reiterated that they are proposing a fairly extensive renovation plan. Johnson asked if a second floor addition would be a reasonable option. Moyer said no because it would dramatically change the house and would not fit in with the rest of the neighborhood. Nelson said she thinks the applicant has been thorough in examining other alternatives and this is really the only option, short of turning the house into a one-bedroom home. She added that the HVAC situation and the topography of the lot are unique circumstances in this case. Moyer reiterated that they have an existing foundation they want to use. Mark Hauck, Bluestem Construction, representing the Applicant, stated one issue with the house is the small doorways in the bathrooms. He explained that they don't want to build an addition in the back yard because it would be really extensive and there would have to be a lot of grading done. They also don't want to build a second story addition because it would make the house too tall and it would not fit in with the neighborhood. He stated that the plans they are proposing allows them to bypass the plumbing situation. Maxwell opened the public hearing. Seeing and hearing no one wishing to comment, Maxwell closed the public hearing. Segelbaum said he is sympathetic to the homeowner and that the proposal he is making is the least expensive option but he is having difficulty understanding the unique circumstances and the justification for a variance for half of the side yard setback area. He stated the plumbing issue is not a hot/cold supply, it is merely a drain and it seems the HVAC vents could be capped which would fix the Carbon Monoxide issue. He said he disagrees that the City would be liable for the plumbing/HVAC issues. He added that the homeowner is already planning on re-grading the back yard and although it would be more expensive, a new foundation could be dug at that time. Minutes of the Golden Valley Board of Zoning Appeals May 27, 2014 Page 4 Baker agreed and stated that the rationale for the variance request is based on some reasoning that doesn't correspond with his own experiences. Johnson referred to the four criteria the Board uses when considering variances. He stated that the use is reasonable, the house has never been updated, which is unique, the homeowner did not cause the plumbing/HVAC issues and the proposal won't alter the character of the locality. He said he is inclined to support the requested variance and thinks it is making a good use out of the existing concrete slab. Nelson agreed and added that while she doesn't like to see encroachments this large into a side yard setback area the Board has allowed larger variances in the past. She reiterated that with the topography of this lot, there is not much else they can do. Maxwell said he is in favor of the proposal. He said the uniqueness is not the plumbing/HVAC issues; it is that the capped concrete foundation already exists and the addition will be done a manner that is consistent with what's been done in the past. MOVED by Nelson, seconded by Johnson and motion carried 3 to 2 to approve the variance request for 8 ft. off of the required 15 ft. to a distance of 7 ft. at its closest point to the side yard (west) property line to allow for the construction of a new addition on top of an existing 8 ft. x 16 ft. foundation. Members Baker and Segelbaum voted no. III. Other Business Election of Officers MOVED by Nelson, seconded by Segelbaum and motion carried unanimously elect Johnson as Chair. Johnson accepted the nomination. MOVED by Nelson, seconded by Segelbaum and motion carried unanimously elect Maxwell as Vice Chair. Maxwell accepted the nomination. IV. Adjournment The meeting was�adjourned at 7:50 pm. .� ,`�, f�`• �� J � S'' _ . 1 .� / � I e rg axw , , ir�,, L a Wittman, Administrative Assistant ��