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03-26-19 BZA Minutes 7500 Golden Valley Road�Golden Valley,MN 55427 ' { ` j ',/ � 763-593-3992�TTY 763-593-3968�763-593-8109(fax)�www.goldenvalleymn.gov ' ���en � • v� � � � Board of Zon�ng Appeals �__ � Mar 26,2019—7 pm Councii Chambers Golden Valiey City Hall REG U LAR M E ETI N G M I N UTES 7800 Golden Valley Road Call to Order The meeting was called to order at 7:03 pm by Vice Chair Orenstein. Roll Call Board Members present: Richard Orenstein, David Perich, Andy Snope and Planning Commissioner Ron Blum Board Members absent: Nancy Nelson Staff present: Senior Planner/Grant Writer Emily Goellner and Administrative Assistant Lisa Wittman Approval of Agenda MOTION made by Snope, seconded by Blum to approve the agenda of March 26, 2019, as submitted and the motion carried. Approval of Minutes MOTION made by Perich, seconded by Snope to approve the minutes of February 26, 2019, as submitted and the motion carried. Commissioner Blum abstained. Agenda Items 2560 Byrd Avenue North Eric Munt and Bridget Foss, Applicants Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)(1)(a) Front Yard Setback Requirements • 28.75 ft. off of the required 35 ft. to a distance of 6.25 ft. at its closest point to the front yard (north) property line to allow for the construction of a new garage and screened porch addition. Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)(1)(c)(2) Side Yard Setback Requirements • 7.8 ft. off of the required 12.5 ft. to a distance of 4.7 ft. at its closest point to the side yard (south) property line to bring the existing home into conformance. Goellner referred to a site plan of the property and explained the applicants' request to build a new garage and screened porch addition on the north side of the existing house. She explained that the This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may inclutle large print, electronic, Braille,autliocassette,etc. City of Golden Valley BZA Regular Meeting 2 Mar 26, 2019—7 pm existing home is 29 feet from the north property and that the proposed new garage would be 6.25 feet from the north property line. The required front (north) setback is 35 feet. Perich asked about the amount of right-of-way along the north property line. Goellner said there is approximately 20 feet of right-of-way. Goellner explained that the second variance request is needed in order to bring the existing home into conformance with Code requirements because the existing house is located 4.7 feet from the side (south) yard property line rather than the required 12.5 feet. Goellner stated that the applicants said the unique circumstances in this case include the fact that the home was built into a hill, they want to maintain the distinct front window, the proposed addition would be the same height as the existing home, and there are other screened porches over garages in this area so their proposal would be consistent with the neighborhood character. Goellner referred to a topographic map of the area and stated that there is an approximate 12 foot elevation change across the lot. She discussed the staff analysis which includes: additional garage space and a screened porch are reasonable uses of the property; the existing home was built in a non- conforming location; the proposed new garage size is reasonable; it would be difficult if not impossible to build a second garage stall onto the existing garage without a variance;this is a relatively large front yard setback variance request, and it does not appear that all options to reduce or eliminate the need for a front yard setback variance have been explored or deemed completely impractical. Goellner referred to a map of the area that illustrated the front yard setbacks of other corner lots along 26th Avenue and stated that the applicants' request to build a garage 6.25 feet from the north property line seems too close. Goellner stated that staff is recommending denial of the requested front yard variance because the variance is too large and because the applicants could explore other options to relocate the garage that would reduce or eliminate the variance request. She stated that staff is recommending approval of the side yard variance request in order to bring the existing house into conformance with the Code. Perich asked when the house was built. Eric Munt, Applicant, said the house was built in 1947. Orenstein asked if there were alternative solutions or options provided. Goellner said no other alternatives were mentioned in the application. Snope stated that there is 20 feet of right-of-way and questioned if cars parked in the driveway would be located in that right-of-way. Goellner said yes. She stated that she talked to the City of Robbinsdale because that City's border is the north side of 26th Avenue and they said their front yard setback requirement is 30 feet and that they would not recommend allowing parking in the right-of-way. City of Golden Valley BZA Regular Meeting 3 Mar 26, 2019—7 pm Munt said that their front door and address is on the Byrd side of the property and when reviewing the corner lots in this area the driveways are consistently in what he would consider to be a side yard. He said they do have one of the largest front yards but they have a big elevation difference from the back to the front and to put the garage in a different location they would have to build into the hill, would have 50 feet of excavation for gas lines, and a 60 foot long driveway. He discussed other properties in the area that have a similar amount of right-of-way. He said the only other option is to add onto the east side of the house but that is the only flat, usable area and the idea of taking away usable space is not appealing. He said that the way they've proposed the garage addition will have the minimum amount of excavation and will be a minimal loss of space. He added that if they built a garage on the west side of the property it would most likely be detached and there would have to be retaining walls and stairs. Orenstein asked about the existing deck on the back of the house. Munt said that could be removed with the porch addition they are proposing. Orenstein asked if they could build in that deck area. Munt said they would lose all of the usable, flat area and that space is very small. Perich asked if the proposed new garage would be in the same space as the existing garage. Munt said it would basically be in the same space. Perich asked about the size of the proposed new garage. Munt said it would be 22 feet x 24 feet in size. Perich asked if that is typical. Goellner said yes. Orenstein opened the public hearing. Seeing and hearing no one wishing to comment, Orenstein closed the public hearing. Blum said it looks like there is a lot of space to work with and he doesn't think it would be impossible to build without a variance. Perich said the property has two front yards which makes it difficult. The east side of the property will require a variance no matter what and the west side of the property has a large tree which the Board does take into account. He added that a two-stall garage is a reasonable request and that he knows the Board doesn't factor in cost, but building to the west on this property seems a bit much. Orenstein said that this is a pretty aggressive front yard variance request and even though there are other properties in the area that have garages closer to the property lines than allowed,that is not really a consideration or a valid reason to grant this request. Perich said the proposed garage fits within the character of the area and noted that there is another 20 feet of right-of-way. Orenstein stated that he has no issues with the side yard variance request to bring the existing home into conformance. Blum asked why the Board tends to grant those types of variance requests so easily. Goellner stated that it's been a practice for many years to grant variances to existing non-conforming City of Golden Valley BZA Regular Meeting 4 Mar 26, 2019—7 pm structures in order to bring them into conformance. She suggested that the Board also consider granting a variance for the existing garage if they deny the variance for the proposed new garage so that the existing garage would be brought into conformance. MOTION made by Snope, seconded by Perich to approve a variance for 7.8 ft. off of the required 12.5 ft. to a distance of 4.7 ft. at its closest point to the side yard (south) property line to bring the existing home into conformance and the motion carried unanimously. Snope asked about moving the driveway entrance to the west side of the property. Blum said he is hearing that grade is an issue on the west side. He stated that there are some severe grade changes in Golden Valley and he would not consider the grade so severe in this case that it would require them to build elsewhere. Goellner noted that the applicant could also explore adding a second garage stall to what is already there. Munt reiterated that their back yard is their only usable space and that they don't want to take a large portion of it away. He explained that the existing garage is low in height and narrow so they couldn't really add onto it. MOTION made by Blum, seconded by Snope to deny the variance request for 28.75 ft. off of the required 35 ft. to a distance of 6.25 ft. at its closest point to the front yard (north) property line to allow for the construction of a new garage and screened porch addition and the motion carried 3 to 1. Perich voted no. Blum stated that the applicants can re-visit the Board with new plans if needed. MOTION made by Snope, seconded by Blum to approve a variance request for 6.1 ft. off of the required 35 ft. to a distance of 28.9 ft. at its closest point to the front yard (north) property line to bring the existing home into conformance and the motion carried unanimously. 4240 Bassett Creek Drive Paul and Dawn Speltz, Applicants Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)(1)(a) Front Yard Setback Requirements • 14.52 ft. off of the required 35 ft. to a distance of 20.48 ft. at its closest point to the front yard (west) property line to allow for the construction of a new garage and mudroom addition. Goellner explained that upon review of the application for this variance request staff realized that they needed additional floodplain information and information about the home's distance from Bassett Creek. She said she is waiting to get the information and will bring this item to next month's meeting. City of Gnlden Valley BZA Regular Meeting 5 Mar 26, 2019—7 pm MOTION made Orenstein, seconded by Perich to table this variance request to the April 23, 2019, Board of Zoning Appeals meeting and the motion carried unanimously. 2018 Annual Report Goellner discussed highlights from the report. She stated that there was a pattern in fence height variances and that staff is continuing to work with people in order to help them avoid asking for variances. Blum stated that the Planning Commission discussed the BZA annual report and it was brought up that the BZA tends to grant variance requests. He stated that if exceptions are granted to rules all the time they become the norm. Orenstein asked if the Board has been too liberal in granting variances. Blum said the Planning Commission opinion seemed to be that the Board could be a little tighter in applying the rules. Goellner added they also should consider if applicants have exhausted all of their options and if they are asking for the smallest variance necessary. Adjournment MOTION made by Snope, seconded by Blum and the motion carried unanimously to adjourn the meeting at 7:55 pm. � Nancy Nelson, Chair L' a Wittman, Administrative Assistant