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02-26-08 BZA Agenda Board of Zoning Appeals Regular Meeting Tuesday, February 26, 2008 7pm 7800 Golden Valley Road Council Conference Room I. Approval of Minutes - January 22, 2008 II. The Petitions are: 2404 McNair Drive (08-02-02) Cleon & Cheryl Wahlin, Applicant Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback Requirements . 7ft. off the required 35 ft. to a distance of 28 ft. at its closest point to the front yard (west) property line. Purpose: To allow for the construction of a garage with living space above. Request: Waiver from Section 11.21, Subd. 10(A)(3)(b) Side Yard Setback Requirements . 1.5 ft. off the required 12.5 ft. to a distance of 11 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the construction of a garage with living space above. III. Other Business IV. Adjournment nate formats upon a 72.hour request. Please call 763- 68) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals January 22,2008 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, January 22,2008 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Boudreau-Landis called the meeting to order at 7 pm. Those present were Members, Boudreau-Landis, Hughes, Nederveld, Planning Commission Representative McCarty. Also present were Dire and Development Mark Grimes, City Planner Joe Hogeboom and in Lisa Wittman. MOVED by Nederveld, seconded by Boudreau-Landis approve the December 18, 2007 minutes as submi I. Approval of Minutes - December 18, 2007 II. The Petitions are: 9400 Golden Valley Road (08-01 Steve Johnson TDB Builders Request: ubd. 4(A)(3) Side Yard Setback ired 20 ft. to a distance of 14.28 ft. at its closest d (east) property line. construction of a parking structure. pphcant is proposing to build a 3-stall parking structure along ted that this property is zoned Business and Professional ctures are allowed in this zoning district. However, the side me is 20 feet and the proposed garage would be located 14.28 feet y line. at the owner of this property is in the process of building an addition onto their exis ilding and as a part of that process they had to meet the Bassett Creek Water Management Commission's water quality requirements and build a pond. The pond's location is one of the reasons they feel they can't meet the setback requirements for the proposed new parking structure. Steve Johnson, TDB Builders, representing the owner of the property, reiterated that because of the location and requirements of the pond they had to move the proposed parking structure further to the east. He stated that the owners have an ambulance, two company vehicles and general maintenance items that they would like to store in this proposed parking structure. He added that the size of the ambulance is also dictating the Minutes of the Golden Valley Board of Zoning Appeals January 22, 2008 Page 2 size of the parking structure and thatthe owner would like to have this parking structure for safety of the vehicles and to clean up the look of the site and the parking lot. Johnson referred to renderings of the proposed new parking structure and explained that the materials will match the existing building and the new addition which will be a LEED certified building. McCarty asked how far along construction is on the garage. Johnson stated that the pad is ready but that they aren't planning on building the garage until spring. He that there is a slight swale along the east property line and the new trash enclosur ew garage will help direct the water to the pond. McCarty said he do o make sure that this s exp ained that the proposed garage d and that it won't affect her Hughes asked if the new parking structure will reduce the numb Johnson said no. McCarty asked what the term "proof-of-parking" means. Grime parking" means they have the ability and the room to p required in the future. Boudreau-Landis opened the public hearing. Teresa Raymond, 9326 Golden Valley proposal won't affect her property in an would be five feet closer to the pro property at all. Seeing and hearing no one hearing. comment, Boudreau-Landis closed the public Nederveld said he's not sure t the propo were n ments are a unique aspect of this property. He said r ge is a hardship but he doesn't have any objections to u-Landis agreed and added that the ponding requirements erty owner so he would also support the variance request. seconded by Hughes and motion carried unanimously to approve the fo 5.72 ft. off the required 20 ft. to a distance of 14.28 ft. at its closest yard (east) property line to allow for the construction of a parking Minutes of the Golden Valley Board of Zoning Appeals January 22, 2008 Page 3 2440 Valders Avenue North (08-01-02) Thomas BeQuette. Applicant Request: Waiver from Section 11.21, Subd. 11(A)(1) Accessory Structure Location Requirements Hughes asked why there n that a fire truck couldn't fi zoning code requires 10 f . 4 ft. off the required 10ft. to a distance of 6 ft. at its closest point to the principal structure. Purpose: To bring the existing garage into conformance w' h structure location requirements. Hogeboom stated that the applicant is requesting a variance i garage into conformance with accessory structure location req that the garage is located 10 feet away from the home equi away from a deck. He stated that the hardship noted b he built the garage in is the only suitable location Nederveld asked when the garage was construct constructed and upon inspection it was dis the existing deck. Grimes said it is his g permit for the garage the existing deck the reason staff would like to see c permits. id it was just recently age was built too close to plicant applied for a building the survey. He added that this is applicants apply for building et between the garage and the deck and noted k and garage anyway. Grimes stated that the ipal and accessory structures. Nederveld asked the Bequette, appli t, permit for the d be built 1 1 0 feet received a building permit for the garage. Thomas mes asked the applicant if he received a building e said no. He stated that he knew the garage was supposed to e house but he did not realize that it was supposed to be built as well. ut the distinction between the deck being attached or unattached to reau-Landis said his guess is that the deck would have to be bolted to the idered attached. Grimes explained that even if the deck were considered an acces tructure and not part of the principal structure there would still need to be 10 feet of separation between it and the garage. Segelbaum asked if retaining walls are considered accessory structures. Grimes said no. Segelbaum asked if the property has the same slope on the other side (the north) of the house. Bequette stated that there are large trees on the north side of the property and the Minutes of the Golden Valley Board of Zoning Appeals January 22, 2008 Page 4 driveway was already located on the southwest side of the lot so it was the most logical place to put the garage. McCarty asked about the distance from the garage to the south property line. Bequette said he thinks the distance from the garage to the south property line is approximately 5 or 6 feet. Grimes asked the applicant if there was a garage previously on the site. B there was no garage on the property. Grimes said he would tal be shown on a survey at t arage is minimal in size and d have granted a variance e it was built so he is inclined to ould have come before the Board d him to push it back a little bit further Segelbaum asked the applicant if he had to bring in fill in order to Bequette said yes and he also had to build a retaining wall behi Boudreau-Landis opened the public hearing. Seeing and hear comment Boudreau-Landis closed the public hearing. Boudreau-Landis said he doesn't have any issues issue with the deck being built without a building Nederveld stated that the applicant didn't h it was built in a reasonable place and th for it if the applicant would have come t approve it. McCarty said he agrees prior to building the garage they and it might not have needed a . s Department about requiring all structures to UlI I permit is requested. MOVED by McCarty, approve a vari e fo the principal str structure I Boudreau-Landis and motion carried unanimously to quired 10ft. to a distance of 6 ft.. at its closest point to existing garage into conformance with accessory IV. Adjournment The meeting was adjourned at 7:40 pm. - 3400 I t - 3300 1- 3200 ,- 3100 i - 3000 ! ! - 2900 i ~ ..... CJ !oJ ~ '" Z m 0.:: 2 M N o >- ... - o CIBAl'BIC lICAJJi "'-""_ -L........... . ,--I ....- .. 3 - 2800 ~ ~ ~ ~ I ~ ~ a ~ ~ ~ ! I I I I I I I I I I I I 4 5 , 2404 McNair Drive I 6 - 1900 7 - 1800 - 1700 '" - 1600 - ....J 8 ~ - 1500 <t ~ i: 1300 9 ..... CJ >- ... - 0 11 :.",:::;:.,. -600 ,...,j,...., i-5OO " ,!-.';:..~i',.:...,'i',,'/c~C.'.'i.,:~"';",..,-,. . l -400 I. 300 ~; c; -200 Ii -100 3 ,:,",._0 5 I' I I I I I I I I I I I ~ I ! I ~ ~ I ! ! ~ ~ I I I I I I I I I I ! ~ I ~ ~ ~ Hey Planning 763-593-8095/763-593-8109 (fax) Date: February 14, 2008 Golden Valley Board of Zoning Appeals Joe Hogeboom, City Planner 2404 McNair Drive Cleon and Cheryl Wahlin, Applicants To: From: Subject: Cleon and Cheryl Wahlin are the owners of the property located at 2404 McNair Drive. Mr. and Ms. Wahlin are requesting a variance to City Code to construct a proposed two-stall garage with a second floor family room. The proposed addition would encroach into the front and side yard setbacks of the property. As described by Ms. Wahlin, the lack of a two-stall garage creates a hardship. Currently, there is insufficient indoor vehicle parking on the premises. Auto theft has occurred as a consequence of cars being parked outside. Also, the rolling topography of the parcel limits alternative placements for the addition. The proposed project requires variances from the following sections of City Code: . Section 11.21, Subd. 10(A)(1) Front Yard Setback Requirements. The City's Zoning Code states that front yard setbacks in the Single Family (R1) Zoning District must be at least 35 feet from the front property line along the street right of way line. Mr. and Ms. Wahlin are requesting 7 feet off the required 35 feet to a distance of 28 feet at its closest point to the front (west) yard property line to allow for the construction of an attached garage with living space above. . Section 11.21, Subd. 10(A)(3)(b) Side Yard Setback Requirements. The City's Zoning Code states that side yard setbacks in the Single Family (R1) Zoning District must be at least 12.5 feet from the side property line when lot width falls between 65 and 100 feet. Mr. and Ms. Wahlin are requesting 1.5 feet off the required 12.5 feet to a distance of 11 feet at its closest point to the side (south) yard property line to allow for the construction of an attached garage with living space above. No prior variances from City Code were found for this property. CERTIFICATE OF SURVEY Surveyed for: Cleon and Cheryl Wahlin 2404 McNair Drive North Golden Valley, MN 55422 ~ ~~ q./ O~>c;r7-;:f--/') ____ P.::~4/',qn #~.....:, ~~ 3' rq/ 4"'H/~ B/.:::>.c.~ C? LoT /.y """,....,d -1/W ~ .. ..../ . . . - .. ----.- -/'-"",,~r """,-q/ ,,-e4'r .-;'? L.-r /3,; /,;~ c4-~~v ~AZ:;:_f!!"t_~-i~~""'r_ Jt-2~)1?~:-~~;; 51~1.f Scale: 1" = 20' " " "'" (I 1\ '-.0 '" .L- " ......" "- "'O:>~ "- ~ "- .~ '" Iron monument found 5/8 inch rebar set and capped RLS 17496 ---:>- ~ -z..- ~ ~ ~ .........L- ~ Bradlel Canaday Surveyin 6976 26 Street Court North Oakdale, MN 55128 651-779-6435 R......,.....sJill../. 4~~./ ...<",-?1-~.T ~;"e:::."'.f..,;'-h"J' ""~o/""$ Job No. 07-09 I hereby certify that this survey and map was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. ."- '. . _ ".-'""..... -.;\~ of"......./' 7:'"-1'"-':.'~_/;~""~~;:;~{.'~"'/-'--"'--"'" 2-;:;"'-""'- ~?:.;!1:;:::;:::::,~;2::;~-.,~~~~:c~~;:'-'- Bradle.y-:.Cafiaday , Reg. No. 17496 Date /~) - ..r'-_./'~:::~",.!,"'~ ,/" City of Golden Valley Board of Zoning Appeals (BZA) Zoning Code Variance Application 1. Street address of property involved in this application: cJtfo '-/ ~ L,Jet I' r- hr 2. Applicant: ~etJv\ 't-... ae-n.tl W~tfV Name j2t./o '-f fvtcJ'..['~ir W Address 6Jo i ~ Vp..ll~ 1-1 N S9f.,J-.J- City/State/Zip q~.) - SC) tf-77c; if Business Phone 7~ 3~~~ - o;;;.---/j Home Phone &1e?--799 -~'Id-O Cell Phone . ~0./ II ~ n Y\ tfc..f ~ CovvLCA S-b, nee Email Address 3. Detailed description of building(s), addition(s), and alteration(s) involved in this petition. The site plans and drawings submitted with this petition will be the basis of any variance that may be approved and cannot be changed before or after the building permit is issued. 5wa l')lLr 'fftlA~{L.. lv iJ:-h ~t! ~ ~1 1rJ7:Jyy..... 5. A brief statement of the hardship which provides legal grounds for the granting of this variance (see Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs, or other evidence, if appropriate. (l1AA~ LJ.>e fvu,p a, ~--' /,('..&L ~g. OMd -b.,uv (~ IVR_ uJa:d-- t{ dltJJ.l~ ~b ~ t:fU0 CtLUJO~ ~ F (~ ~~,. -(N,u..hue_~. YYUd~~bYY1 ~..r~ l.tJ*~ ~ ,-roI)()c;rdj7~ llhl.<.-&.5 cdfe~.>. IJ -~" To the best 0 my knowledge tlle statements found in this application are true and correct. I also understand that unless construction of the action applicable to this variance request, if granted, is not taken within one year, the variance expires. 4. ~,L tJ~ Slgnat re of Applicant , . 6. If the applicant is not the owner of all property involved in this application, please name the owner of this property: Print Name of owner Signature of owner Variance Application Submittal: The following information must be submitted by the application deadline to make a complete application. If an application is incomplete, it will not be accepted: ~ ~ '" Completed application form, including signatures of surrounding property owners. A current or usable survey of the property must be attached. See the handout on survey requirements. A brief statement of the hardship which provide grounds for the granting of this variance (see Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs, or other evidence, if appropriate. You may submit detailed description of building(s), addition(s), and alteration(s) involved in this project. The site plans and drawings submitted with this application will be the basis of any variance that may be approved and cannot be changed before or after the building permit is issued. ~ Variance application fee, as follows: $125 - single family residential; $225 - other Signatures of Surrounding Property Owners Note to the variance applicant: As part of the variance application process, you will need to attempt to obtain the signatures of all surrounding property owners. This includes all properties abutting the applicant's property and directly across the street. If on a corner, this means across both streets. To obtain these signatures, you will need to personally visit each of these property owners, tell them about your project (we encourage you to bring along a copy of your building plans) and have them sign the area, below. The signature is meant only to verify that you have told them about your project and gives them opportunity to comment. If you have attempted to contact a property owner on two separate occasions and not found them at home, you may simply write something to the effect "made two attempts, owner not home" and then write their address. City staff will also send a written notice informing these property owners of the time and place of the aZA meeting. Note to surrounding property owners: This is an application by your neighbor for a variance from the City Zoning Code. Please be aware of any possible effect the granting of this variance could have on your property. You will also be receiving a written notice informing you of the time and place of the variance meeting. By signing this form, you are only verifying that you have been told about the project, not that you necessarily agree or object to the project. If you wish, you may comment on the project. Comments can contain language of agreeing with the project, objecting to the project or other statements regarding the project. Print Name ~ Comment III ~ hu ec.2 Signature (\Nlfh~ed. ~ rl1(lt!- Address ~tfoo l;~ rJ Print Name 330 ~i .A 1.. .... (1ri. $;t": -' -fo -r r e.-J I ~. "".u"....,.L> . 6-l-P~ by 1/;;'3 f~_ 1'~B'Or Address ~/:jvcd Comment Signature Print Name -21 W\ ldh.vha,..-& Comment Signature ~..(f,J ~ phone-. Address )tf1J1 flt,..-k.j;p~~) Print Name 't-te te.i'\ L-a.-v' Ol (( e..- Comment Signature t'\f~'~"e..cl- ~ Print Name ~~ ~l Comment Address ;<4 1,3 Pa.rJGvj'~ r(U1lt~ ~ #:P~ PC1 i'ZlM-. Signature "~.~ ~ Address ~ ifo r J..-kl'ttur /J.../ Print Name Comment Signature Address Print Name Comment Signature Address ...' is .~ 1!, " ~ .. .~~.. ,.: ,... WI . '" I I I. 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