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04-23-19 BZA Minutes 7800 Golden Valley Road�Golden Valley,MN 55427 ' � 763-593-3992�TTY 763-593-3968�763-593-8109(fax)�www.goidenvalleymn.gov " ���en �� � • v�1� � Board of Zon�ng Appeals V �.�. __ _ Apr 23,2019—7 pm Council Chambers Golden Valley City Hall R EG 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 pm by Chair Nelson. Roll Call Board Members present: Nancy Nelson, Richard Orenstein, David Perich, Andy Snope and Planning Commissioner Adam Brookins Board Members absent: None Staff present: Planning Manager Jason Zimmerman, Senior Planner/Grant Writer Emily Goellner and Administrative Assistant Lisa Wittman Approvat of Agenda Goellner added discussion of the Council Chambers remodel to the agenda. Approval of Minutes MOTION made by Perich, seconded by Orenstein to approve the minutes of March 26, 2019, as submitted and the motion carried. Member Nelson abstained. Agenda Items 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 referred to a site plan and explained the applicant's proposal to construct a new garage, mudroom and storage addition on the west side of the existing home. She stated that an existing gazebo on the property and the existing driveway on Bassett Creek Drive would be removed and that there would be a new driveway access on Kyle Avenue. Snope referred to the survey and asked for clarification about the floodplain lines shown on the survey. Goellner explained that there is a line where flood insurance is required. She explained that this proposal was tabled at last month's meeting in order to include floodplain data and to 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 include large print, electronic, Braille, audiocassette,etc. City af Golden Val{ey BZA Reguiar Meeting 2 Apr 23, 2019—7 pm confirm the shoreland setback. Zimmerman added that the Bassett Creek Watershed Commission also uses the different lines in their floodplain data. Goellner explained that the applicants have stated that their unique circumstances include that the existing garage supported by a spancrete floor is in need of repair; the room below the garage is used as a playroom, the existing 20-foot wide garage is not wide enough; there are floodplain issues, shoreland setbacks, and retaining walls on the east side of the home; and the two front yards limit the buildable area on the west and south sides of the property. Goellner stated that the staff analysis of this variance request is that the proposed garage, mudroom and storage area are reasonable uses of the property and the buildable area is limited by the fact that this is a corner lot that has shoreland and floodplain setback requirements. However, the location of the new garage, mudroom, and storage in the front setback area would alter the essential character of the neighborhood, and there are other options that would reduce or eliminate the need for a variance. She added that relocation of the existing non-conforming gazebo is encouraged. Goellner referred to a sketch of the property which showed a different configuration of the proposed addition with a driveway on Bassett Creek Drive. She explained that this option isn't preferred because the proposed location of the driveway is not a safe distance away from the intersection. Goellner stated that there have been concerns from nearby property owners which include: tree preservation, stormwater drainage, intersection visibility and congestion, property values, and inconsistency with other front yard setbacks. Nelson asked if the setback requirement on the west side of the property would be 15 feet if this wasn't a corner lot. Goellner said yes. Orenstein asked about the size of the existing garage. Goellner said the existing garage is approximately 20 ft. wide and 24 ft. deep Snope asked if the current house is non-conforming. Goellner said no, it is grandfathered in. Nelson asked if the applicants built on the east side of their home if they would need flood insurance. Goellner said regulations wouldn't allow anything to be built in the floodplain area. Perich asked what would happen with the current garage space if a new garage was built. Goellner said it would become living space. Snope asked if a variance would be needed to tear down and replace the existing garage in the same place. Goellner said the existing garage could be torn down and rebuilt, but it could not be expanded without a variance from the rear yard (east) setback requirement. City of Galden Valley �Z,4 Regular Meet�ng 3 Apr 23, 2019— 7 pm Snope asked about the setback from the shoreland. Goellner said the shoreland setback requirement is 50 feet. Dawn Speltz, Applicant, said they have been struggling with the plans since September. She said they have had many contractors reject working on the garage because of the spancrete. She stated that the problem with fixing the existing garage is that they would still only have a 20-foot wide garage. She said she doesn't want to change the character of the house and she wants the roof lines to flow and tie into the existing structure. Nelson asked when they purchased this home. Ms. Speltz said they purchased the home in 2012. Nelson asked if the garage has always been a problem. Paul Speltz, Applicant, said they didn't know the garage was a problem until leaking started in the space below. Orenstein asked how the costs of converting the existing garage into living space and building the proposed new garage compare to just replacing the existing garage. Mr. Speltz said it would be about $50,000 more, plus they would have to find someone willing to fix the spancrete. Ms. Speltz stated that it would cost approximately$70,000 to $75,000 to fix the garage and not be able to park in it and approximately$125,000 to build a new garage and convert the existing garage to living space. Orenstein asked if a garage could fit within the buildable area. Ms. Speltz explained that there is a slope, there are two trees that would not likely survive, and she doesn't want it to look like a house attached to a garage. Nelson asked if there is enough room to the east to build a larger garage. Goellner said there would be enough space to build a larger garage to the east right up to the setback line and the floodplain and shoreland setback lines, however there are currently retaining walls in that area. Nelson asked the applicants how it would impact their decision if they didn't add the proposed mudroom part of the addition. Ms. Speltz said they have two kids in hockey so they'd like a mudroom area. She added that without the mudroom as proposed they would have to change the interior space of the home to get some sort of transition space. Orenstein asked if changing the proposed storage area space would help. Speltz said it would help a little but they need the proposed storage area for their Jet Ski, lawn tractor, and garbage. Snope questioned why spancrete couldn't span the identical span. Mr. Speltz said it could if they remove the entire garage with a forklift or a crane. Ms. Speltz added that the electrical panel is on the east corner of the garage as well. City of Golden Valley BZA Regular Meeting 4 Apr 23, 2019—7 pm Brookins asked the applicants if they've had their architect look at building in the buildable area. Ms. Speltz said they haven't invested in plans yet and they are concerned about the slope. She added that this is the first time she has seen a diagram of the buildable area. Orenstein noted that all of the other homes along Kyle Avenue appear to meet the 35-foot front setback requirement so he is concerned about the character of the neighborhood if this house with the proposed addition would be 20 feet from the front property line. Ms. Speltz said she is concerned about the character of the house and noted that just a small portion of the proposed new addition would be within the setback area. She added that the area they are proposing for the addition is a side yard in their minds. Snope referred to the sketch shown earlier with a garage addition and access on Bassett Creek Drive. He asked if the City just doesn't like the proposed driveway location or if it isn't allowed. Zimmerman said the City would not issue a permit for a driveway in that location because it is too close to the intersection. Nelson opened the public hearing. Jeff Carson, 1601 Kelly Drive, said he works with Ms. Speltz and for the past 40 years he has worked with cities. He said he thinks several cities allow homeowners to select their front yard. He said the unique thing in this case is that if the west side of the property was a side yard they wouldn't need a variance. He said he fails to see how the essential character of the neighborhood would be damaged and he thinks it would be fair to allow them to do what they want. Tom Theiringer, 2340 Kyle Avenue North, said he submitted a list of his concerns. He said he has had to make repairs to his home too, they were expensive but they had to make them. He said other homeowners in the area have also had problems and they have all made repairs without significantly changing the footprint of their homes or the aesthetics of the neighborhood. He said he is concerned that a second story could be added to the garage addition in the future and stated that decisions like this have an impact on him and future residents. Julie Theiringer, 2340 Kyle Avenue North, said when they moved into their house they found out they had a leaking garage and that a contractor installed a rubber membrane with a thin layer of cement over it. She said she knows the previous owners of the applicant's house had issues and that many of the neighbors have had huge problems with storage areas under garages. It's not just the applicants who have had problems, they all have and they've all had to correct them. Seeing and hearing no one else wishing to comment, Nelson closed the public hearing. Orenstein said that the Board has been sympathetic with corner lots in the past but in this case they haven't seen any alternatives and to grant a variance without seeing any alternatives is a concern. City of Golden Valfey BZA Regular Meeting 5 Apr 23, 2019— 7 pm Nelson said she feels the same way but the applicants have addressed the issues with a number of other options. She said having two front yards is always tough and she is sympathetic to allowing a two-stall garage. Snope said he agrees, and he doesn't like the two front yard language in the Zoning Code but he also doesn't know if all of the options have been exercised in this case. He said the existing garage could be torn down and rebuilt with a smaller variance request. Perich said the Board hasn't seen an option in the buildable area and all of the other houses in the area are 35 feet away from the front property line. Ms. Speltz referred to the suggestion of tearing down the existing garage and rebuilding it and said she doesn't want to continue to have the same problems with an elevated garage. She said they could give up the space underneath the garage and fill it in, but then they would lose the area where their kids go. She reiterated that the property also has a significant slope. Mr. Speltz added that moving the proposed garage to a conforming location would give ugly sight lines and would make it worse for the neighborhood. Ms. Speltz said it is not financially feasible to take down the existing garage and rebuild a new one. Brookins said he struggles with allowing the garage to be 20 feet from the front property line because he sees that really changing the character of the neighborhood and more importantly, there are ways to make it work that will still look good. He said the applicants haven't considered all of the options to reduce the impact to the neighborhood and that he may be more supportive of a smaller variance request. MOTION made by Brookins, seconded by Snope and the motion carried 4 to 1 to deny the applicant's requested variance. Nelson voted no. Other Business Goellner stated that the City Council approved a budget to improve the Council Chambers including the audio/visual and the room layout. The ceiling, windows, and HVAC won't change. She told the Board Members to let her know if they have any ideas for the remodel and discussed having paperless agenda packets. Orenstein asked staff if applicants are urged to come up with written alternative plans when they submit their variance applications. Goellner said there is not a requirement in state statute or in City Code that requires an applicant to show all their other options and that it is ultimately the applicant's choice what variance request they bring to the Board. Orenstein said it would show that they've considered other options. Goellner said it would be appropriate to deny a request if the Board is not comfortable with what they've been shown. City of Golden Valley BZA Regular Meeting 6 Apr 23, 2019—7 pm Adjournment The meeting was adjourned at 8:21 pm. / �t,�+-�►,t,,,,7��.� Nancy Nelson, Chair . � Lisa ' tman, Administrative Assistant