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09-25-08 BZA Agenda Board of Zoning Appeals Regular Meeting Thursday, September 25, 2008 7pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes - August 26, 2008 II. The Petitions are: 6400 Hampshire Place North (08-09-14) Kavle Vick, Thomas Renovations, Applicant Request: Waiver from Section 11.21, Subd. 11 (A)(1) Front Yard Setback Requirements . 8 ft. off the required 35 ft. to a distance of 27 ft. at its closest point to the front yard (south) property line. Purpose: To allow for the construction of a garage. 1300 Kelly Drive (08-09-15) Brent Behn, Applicant Request: Waiver from Section 11.21, Subd. 11 (A)(3)(a) Side Yard Setback Requirements . 3 ft. off the required 15 ft. to a distance of 12 ft. at its closest point to the side yard (east) property line. Purpose: To allow for the construction (replacement) of a new deck. 1800 Mendelssohn Avenue North (08-09-16) Marlin Henrikson, Applicant Request: Waiver from Section 11.21, Subd. 19 Driveway Setback Requirements . 3 ft. off the required 3 ft. to a distance of 0 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the construction of a new driveway. Request: Waiver from Section 11.21, Subd. 11(A)(3)(c) Side Yard Setback Requirements . 3 ft. off the required 12 ft. to a distance of 9 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the construction of a new deck. III. Other Business 2310 Byrd Avenue North - Continued (tabled) Item IV. Adjournmellt 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, &raille, audiocassette, etc. Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals August 26, 2008 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, August 26, 2008 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Sell called the meeting to order at 7 pm. Those present were Members Kisch, Nelson, Segelbaum, Sell, and Plan Representative McCarty. Also present were City Planner Joe Hogeboo Administrative Assistant Lisa Wittman. I. Approval of Minutes - July 22, 2008 1400 Rhode Island Ave. N. (08-08-1 Frank A. Manaro, Applicant MOVED by Kisch, seconded by Nelson and motion carried un July 22 minutes as submitted. II. The Petitions are: Request: Waiver from Se Requiremen 12(A)(2) Front Yard Setback ired 3 ft. to a distance of 20.2 ft. at its closest rd (south) property line. Purpose: ection 11.21, Subd. 12(A)(3) Rear Yard Setback ments . off the required 5 ft. to a distance of 3 ft. at its closest point to the rear yard (east) property line. To allow for the construction of a new garage. Request: Waiver from Section 11.21, Subd. 12(E) Accessory Structure Size Requirements . 75 sq. ft. more than the allowed 800 sq. ft. for anyone accessory structure for a total area of 875 sq. ft. Purpose: To allow for the construction of a new garage. Minutes of the Golden Valley Board of Zoning Appeals August 26,2008 Page 2 Hogeboom referred to a survey of the property and explained that the applicant is proposing to tear down his existing garage in order to build a new garage. He stated that the proposed new garage needs variances from front and side yard setback requirements and also from accessory structure size requirements. He added that in 1997 five variances were granted to bring the existing home and garage into conformance and to allow for the construction of a 3-season porch. Segelbaum referred to the application and asked if there was three feet taken from this property when the streets were reconstructed as the applicant stated. Ho said he didn't know and suggested they ask the applicant. Sell noted that the proposed new garage is 25 fe de. Kisch asked if the existing garage fell under the pre-1982 regulati Joe stated that the existing garage did receive variances to be I Frank Manaro, Applicant, stated that he is looking for more ro existing garage needs to be torn down because it is ba ape City reconstructed his street he lost three feet from the driveway is too short to park cars on. d the t when the ay so now the Kisch asked about the rationale for the said he wants a third garage stall to be oposed new garage. Manaro ars and have room for storage. Sell stated that variances have garage so really the only new' it seems strange to him to past for the location of the existing e 0 proposed new garage. He added that t the location of the garage now. ion of e proposed new garage but he is for an additional 75 square feet. He stated that if the Id like to see it meet the 5-foot rear yard setback it would be difficult to meet the 5-foot rear yard e the curb cut is already in place and the neighbor has a nice e so it would look bad to move the new garage over. aking the garage 24 feet deep and 32 feet wide in order to reduce the garage. Segelbaum agreed and said he is guessing that the rest of t hesitant about the size of the proposed new garage. Manaro said he uild something and then be disgusted with it. Segelbaum asked the applicant ad to reduce the size of the new garage if he would rather reduce the width or the depth. Manaro said he'd rather reduce the depth but if the new garage is too small it is not worth it to him to build it. McCarty stated that technically right now the applicant has a two-car garage so there isn't really a hardship in this case. He said that if the new garage was 25 feet deep and 32 feet wide he would be happy and the new garage would still be bigger than the existing garage. Sell agreed that 25 feet by 32 feet would be adequate. Minutes of the Golden Valley Board of Zoning Appeals August 26, 2008 Page 3 Kisch said he would be comfortable approving the first two variance requests and denying the third. Segelbaum suggested the Board require the new garage to meet the 5-foot rear yard setback, but he would be comfortable approving the first variance request regarding the front yard setback. Kisch said that requiring the new garage to meet the 5-foot rear yard setback would have a bigger impact on the property to the east because there is already a fen landscaping in place. . 75 sq. ft. more than the al area of 875 sq. ft. point to the front rage. Sell opened the public hearing. Seeing and hearing no one wishin closed the public hearing. MOVED by Nelson, seconded by McCarty and motion carried following variance requests: . 14.8 ft. off the required 35 ft. to a distance of 2 yard (south) property line to allow for the cons . 2 ft. off the required 5 ft. to a distance property line to allow for the constru oint to the rear yard (east) And to deny the following variance ny one accessory structure for a total from Section 11.21, Subd. 11 (A)(3)(a) Side Yard Setback 7 ments . 7.75 ft. off the required 22.75 ft. to a distance of 15 ft. at its closest point to the side yard (east) property line. To allow for the construction of a new home. Request: Waiver from Section 11.21, Subd. 11 (B) Height Requirements . 2.5 ft. higher than the allowed 28 ft. in height to a height of 30.5 ft. (south front elevation) Purpose: To allow for the construction of a new home. Minutes of the Golden Valley Board of Zoning Appeals August 26,2008 Page 4 Request: Waiver from Section 11.21, Subd. 11(A)(3)(d) Articulation Requirements . To allow the front wall (along Medicine Lake Rd.) with no articulation Purpose: To allow for the construction of a new home. Hogeboom stated that the applicants are proposi the corner of Medicine Lake Road and Sand of a subdivision done a few years ago an build met all of the zoning code require the zoning code requirements had si permit. Hogeboom stated that if t basically allow the applicants to before the "infill ordinance" w, this case is the triangular Request: Waiver from Section 11.21, Subd. 11 (A)(1) Fr Requirements k . 4 ft. off the required 35 ft. to a distanc to the front yard (south) property line. Purpose: To allow for the construction of ew home on a vacant lot at lained that this lot was part pplicants are planning to e applicants discovered that when they applied for a building nce requests are granted it would sing previous zoning code requirements e ad that one of the significant hardships in ssentially three front yards. arding the height of the proposed new home and de allowed for 30 feet of height. Hogeboom said yes ce is .5 feet higher than the previously allowed 30 lation requirements would not have been met under the Irements either because the previous code required walls to eached 40 feet in length. Hogeboom reiterated that the shape of the his case. Segelb d if the house would have had to have been built before the code changed to considered legally non-conforming. Hogeboom said yes and stated that the applicant was following the regulations of the zoning code at the time. McCarty asked when the property was subdivided. Hogeboom said he wasn't sure. Nelson asked when the zoning code requirements changed. Hogeboom said the "infill ordinance" was adopted in March 2008. Minutes of the Golden Valley Board of Zoning Appeals August 26, 2008 Page 5 Ronald Rath, Applicant, stated that the property was subdivided in the fall of 2004. He explained that at that time he showed the City Council preliminary drawings showing a 2- story house with no articulation in the front. He stated that at that time the only part of his proposed new house that would not have met the zoning code requirements was the deck along Sandburg Lane. He said he would be willing to build that deck differently in order to meet the current setback requirements. He stated that if he doesn't receive a variance from the side yard setback requirements the lot becomes virtually unbuildable because he would only be able to build a 900 square foot house which wouldn't be worth the money they paid for the lot. Hogeboom noted that this property is bordered b be any homes to the rear of this proposed new h he past for this corner. He this lot. Nelson asked about the square footage of the proposed new home. 1,400 square feet on the main floor, 900 square feet in the master square feet below. He reiterated that the area he is proposing t only buildable part of the lot and that he did not pay $80,000 He explained that the height of the proposed new house woul have to give up 5 feet required for the grading of the lot e ad code requirements just about destroy this property. Sell talked about the many ideas that h commended the applicant for trying to b Nelson said she understands th certainly a unique lot and the ntly adopted zoning changes but this is t enormous or oversized for this lot. McCarty asked that appli property was subdivided. amount of construct" 't build this house three years ago when the ained at the mortgage company folded and the ilable is down to three lenders in the state. McCarty said h setback varian a "canyon He add code req out this proposal. He said he is fine with the side yard cause the intent of the new zoning requirements was to avoid uses and he doesn't see that as being an issue in this case. oesn't believe that the house plans met the previous zoning every jog in a wall costs more to build, insure and heat and cool. He osed deck along Sandburg Lane can be built to within 30 feet of the property se it is considered a front yard. Segelbaum said he thinks this lot has one front setback when considering an open front porch. He explained that the zoning code allows open front porches, not decks, to be located 30 feet from the front yard property line. Sell opened the public hearing. Seeing and hearing no one wishing to comment, Sell closed the public hearing. Minutes of the Golden Valley Board of Zoning Appeals August 26, 2008 Page 6 Segelbaum said that he feels sympathetic for the applicant because he was caught in the middle of the zoning code changes. He said the house plans look nice but the City Council voted to change the zoning code requirements and he feels that granting these variance requests would go against the City Council's wishes. He said he would like the Council to review this proposal to see if this was their intent. Kisch said he feels fine granting the side yard variance request because this is such a unique lot and he needs the side yard variance to make this a buildable lot. He said he is also ok with the variance regarding articulation because the front porch br the fac;ade of the front of the house and it is in line with the intent of the zo . e said that the height of the proposed new home is an issue for him and he t could be brought down a little bit. He added that the proposed ho character of the neighborhood and noted that the next two hom also 2-story walk-out style homes. McCarty said the Board ca area because they were built before the new zoning requirem Nelson stated that there are unique circumstances with keeping within the spirit of the zoning code and th change the character of the neighborhood. She a is supposed to consider when granting variances. . T roposal is on't substantially the things the Board Sell stated that if this proposed house w could see that there would be some co and what is located around it. He s he is in favor of granting the req minutes and issues brought to h code requirements need fu n two existing houses he 's unique because of its shape a nique circumstances in this case He said he would also like these tention because maybe the new zoning vari ces requested are needed as a result of the said all of the requests except the one for the deck s a result of the new zoning code changes. portant to be consistent when granting variances but this is that she doesn't think it will establish any type of precedent. at granting the requested variances wouldn't set a precedent but he ot comfortable going against the zoning code requirements that were eo by the City Council. He said he would oppose the first three variance ould be in favor of granting the fourth request. He said he thinks the City o see this request and make the decision. Sell said that the City Council doesn't tend to overrule the Board of Zoning Appeals or go against the Board's decisions. He said he thinks a split vote would be better than a denial in this case. Hogeboom offered to write a report to the City Council regarding the issues in this case. McCarty said he would like to vote on the variance requests individually. The Board ag reed. Minutes of the Golden Valley Board of Zoning Appeals August 26,2008 Page 7 MOVED by McCarty, seconded by Kisch and motion carried 4 to 1 to approve the. request for 7.75 ft. off the required 22.75 ft. to a distance of 15 ft. at its closest point to the side yard (east) property line to allow for the construction of a new home. Segelbaum voted no. MOVED by Nelson to approve the request for 2.5 ft. higher than the allowed 28 ft. in height to a height of 30.5 ft. (south front elevation) to allow for the construction of a new home, the motion died due to the lack of a second. MOVED by Segelbaum, seconded by Kisch and motion carried 3 to 2 to for 2.5 ft. higher than the allowed 28 ft. in height to a height of 30.5 ft. elevation) to allow for the construction of a new home. Nelson and S II MOVED by Kisch, seconded by Nelson and motion carried 3 to to allow the front wall (along Medicine Lake Rd.) with no artic' construction of a new home. McCarty and Segelbaum voted n job of the Board to make cil to review them. He said said that he can't build his house Ing lot five feet underground n on both street sides. MOVED by Segelbaum, seconded by McCarty and mot the request for 4 ft. off the required 35 ft. to a dist front yard (south) property line to allow for the co Rath stated that he has a very unique lot. these types of decisions, not to pass th with the decisions the Board just made this year. He reiterated that he ha because the Code says elevatio ction 11.21, Subd. 11(A)(3)(b) Side Yard Setback ft. off the required 15.5 ft. to a distance of 6.34 ft. at its sest point to the side yard (north) property line. o allow for the construction of garage/home addition. red to a survey of the property and stated that the applicant is proposing to enlarge existing one-stall garage into a two-stall garage with living space above. He stated that the hardship noted by the applicant is the one-stall garage. He referred to the recent changes to the zoning code requirements and stated that the side yard setback requirement in this case is 15.5 feet. The applicant is proposing to build the addition to within 6.34 feet of the side yard (north) property line. McCarty asked what the height of the addition would be if measured to the fascia. Hogeboom said he didn't know and explained that if the proposed height were fifteen feet or less in height the side yard setback requirement would be 12.5 feet for this property. Minutes of the Golden Valley Board of Zoning Appeals August 26, 2008 Page 8 Sell asked how big the proposed new garage will be. Kisch noted that the proposed new garage will be 25 feet wide and 26 feet deep. Howard Theis, Wooden Dreams, Contractor for the project, explained that there are stairs going into the garage and that is part of the reason they have to build further toward the front of the lot. Segelbaum asked the applicant if he has considered reducing the width of the proposed garage. Theis said no because the need room to get two cars and the sta' . e garage. Sell noted that the garage depth in effect would be 22 feet deep when he stairs. Theis agreed and added that there is also a grade change a a on the right side of the garage. Kisch noted that the other homes/garages in the n 14 feet away from. the side yard property lines so property line than others in the area. Segelbaum line is fairly close and that is why he was w could be made smaller. to be approximately is q e a bit closer to the feet away from the property of the proposed addition McCarty asked if the zoning code hadn't recently changed if t for 6.16 feet off of the required 12.5 feet. Hogeboom said that a typical two-stall garage is 24 feet wide. McCarty asked the applicant if he the proposed 25-foot wide additi would still be functional. UI 24-foot wide addition instead of at he thought a 24-foot wide garage Kisch stated that given th respectful of the neighbori to jog and to have r i~~xisting house he thinks this proposal is rties. ~ noted that the stairwell is causing the addition s therefore requiring slightly more width. ed that he spoke with the neighbor to the north who is addition and she is ok with it. ighborhood a 2-car garage is appropriate and will improve the , seconded by Segelbaum and motion carried unanimously to approve a ft. off the required 15.5 ft. to a distance of 7.34 ft. at its closest point to orth) property line to allow for the construction of garage/home addition. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 8:40 pm Minutes of the Golden Valley Board of Zoning Appeals August 26,2008 Page 9 Mike Sell, Chair Joe Hogeboom, Staff Liaison 08-09-14 6400 Hampshire Place North Kayle Vick, Thomas Renovations, Applicant lIey Planning 763-593-8095 I 763-593-8109 (fax) Date: September 11, 2008 Golden Valley Board of Zoning Appeals Joe Hogeboom, City Planner 6400 Hampshire Place North Thomas Renovations, Applicant To: From: Subject: Kayle Vick, general manager of Thomas Renovations, is requesting a variance to City Code for the construction of an attached garage at 6400 Hampshire Place North. The proposed garage would extend into the south front yard setback area. No prior variances were obtained for this property. The proposed garage is the last of several improvements and renovations taking place at 6400 Hampshire Place North. Currently, there is no garage on the property. Although a two-stall garage would be able to be built within setback boundaries, the applicant wishes to angle the garage to the southeast, bringing it into the south front yard setback area. This design is desired by the applicant in order to mitigate traffic noise from Douglas Drive, as well as to preserve an existing oak tree on the property. The proposed project requires a variance from the following section of City Code: . Section 11.21, Subd. 11 (A)(1) Front Yard Setback Requirements A 35 foot side yard setback is required for properties located in the Single Family R1 Residential Zoning District. The applicant is requesting 8 feet off of the required 35 feet to a distance of 27 feet from the closest point of the proposed garage to the front (south) yard property line. The Douglas Drive Corridor is currently the focus a planning study. The study has indicated a decline in maintenance of homes directly adjacent to the roadway. This proposal serves to improve a property along Douglas Drive by limiting visual and sound impacts of the roadway for not only this home, but the surrounding area to the west. Improvement of Golden Valley's single family housing stock along county highways, particularly Douglas Drive, is highly encouraged. This plan is consistent with the desire for improvements along Douglas Drive, and is supported by the Planning Department. .......,........................- - --- 1431 11 ! ... ~ i u o 14:zS) 1441 1601 1500 lSOl 6SUl 161lS 1600 6422 6410 6m 6312 00 1605 1511 1520 OtYMplAST 6525 6515 1535 l!l36 6439 6411 6405 6US 6313 6305 1S3O 5 1!l i! ~ z l!llIIi 6424 64Il8 6400 6326 6316 631lO ~ l!l4O 6500 WINSOAlE ST N ~ iM~a~.'~h~S':C~,~Cr.L~GtS~ o CERTIFICATE OF SURVEY ~ l ^.> ~ ~cr ~4.t 00..8' 15 0 15 1"""1o..o.-_ SCAlE IN FEET 30 . LEGEND . DENOTES F o DENOTES SET /8'" IR MARKED R.LS~NO.. 25 A DENOTES SET PK 'N o POWERPOLE . - OHE - OVERHEAD ElEe o DENOTES CATCH BASIN o C.O. DENOTES ClEAN OUT -- - - DENOTES DRAINAGE .~ o .-.. ~~ ~.~ I :I: (f) 1118~ z::> J zO wo :I: ........ -33.00- - .' NaTE: BASIS OF BEARING SYSTEM : All BEARINGS ARE IN RElATt P WI THE SOUTH lINE OF LOT 1, BLOCK 3, ARNOlD J. soN'S 1ST ADDITION. HENNEPIN COUNTY, MINNESOTA, CH IS ASSUMED TO BE N59"23'31"W -....... CERTIFICA nON I HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR UNDER MY rnRECT SUPERVISION, AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS Of THE STATE OF MINNESOTA. ~~ DATED: f~~~~P MARK D. 'GEFFERS. RLS. NO. 2531 NOTES: 1. This drawing does " t purport to show 011 utilities. No field veriftcotion was mode except from visible evidence. Call Gopher State One b~ore digging. 2. No title work was furnished for the preparation of this survey to verify the legal description or the existence of any easements or encumbrances. 3. No specific soils investigation has been completed on this Lot by the Surveyor. FOR : ~- om WElO.DWG DRAWN BY: MOG DA1C: 08/12/2008 ACCT. NO.: N5412 I N8430 Rl.E NO. : DONALD WELD JR. 6400 HAMPSHIRE PLACE GOLDEN VALLEY. MINNESOTA 1I_-~ -.... ~ - C&lt ~ JCMN ......... '.... lIcsrUIIW4. __ l--.~ - =::::= . ' :;--=-- ~~~-;, . J? ( M~ ~"t' + C. , , . ;~ i ~ }: , " " ~ ~ ' If' Licensed & Insured M N Lic #2057 -2359 , ; : , f12 I~ I ~~ I~ 1r'~ i'~L" _~ u ---=::::::- ~ ~ I , _I , U -....: ::::::: :--... ~' ? j - -~/ '-{' < Z:z' - ~ ~ ~~~ G ~... ~ (; \J' ~ t ~~ r 1TH~~~I~~~~~~I:~?NS T'-+- ~ . J WALL- I , I ~~ f ~ ~ ~ s. ~ I r , , ^ ,~ !- ~... I / / ... .~ 'A "\ .~' ; - .t 't' P r , / 'I~ /1 /j )~ - / 1/rJ, / II / ~ 'I J, / / / I 11 , y i- , , , ,-~ ; , - ~ , I ). ~ ~.J i~ ~ J ~t\ CJ ~ s ~-J ~ ~ ~ - J&I~ ~ II. I '~ ~ r ,~ "- L..- ........... ~- i """'" , , , / / A , -" 7' / ~A , '~ ,0/ , .J:. 0 , t ~ J ~ I ~ ! , , ~ h 3410 Kilmer Lane North Plymouth MN 55441 wk 763 746 8181 fax 763 4752566 ~.thomasrenovations.net G THOMAS RENOVATIONS REMODELING & HOME SERVICES September 1,2008 Thomas Renovations (Contractor) 3410 Kilmer Lane North Plymouth MN 55441 0: 763.746.8181 Dear BZA Members - Over the past 6 months or so, we have been providing Don & Cynthia, the new Owners of this property, with a fresh exterior face lift, new interiors and a significantly improved home. The last thing on their agenda is a functional and esthetically appealing garage that will help the home and neighborhood. We didn't think there would be any hold up on pulling a permit for an attached or detached 2 car garage noticing that the lot is quite large, however, having recently received a Certificate of Survey, we now see that the set-backs are more limiting than we'd hoped. With the desire to maintain a large Oak tree out front, limit some of the busy Douglas Rd. traffic noise, and add some architectural appeal to an already long-looking rambler home, we decided to try for a variance hoping you'll understand our request. 'Z.fo We would like to propose a 2-1/2 car garage approx. 30' wide x~' deep with a gable roof to match the home and porch. The garage will be attached to the existing screen porch creating a 'breezway' between the two and more storage space. As for the setback from the street, we'd like to encroach towards it 8 feet or less per the drawing. Should you have any questions prior to our meeting later in the month, please contact me at the above or below phone number or email. K Ie Vick (C~*~ ) Thomas Renovations I 3410 Kilmer Lane North, Suite 100 I Plymouth, MN 55441 P: 763-746-8181 I F: 763-475-2566 I kayle@thomasrenovations.net I MN Lie # 20572359 City of Golden Valley Board of Zoning Appeals (BZA) Zoning Code Variance Application 1. Street address of property involved in this application: ~ ~OO f/A.NI;SIl'A.~ !?A-C L Ala. 2. Applicant: KA'i LlO \J Ie\<- (6Hl. }{.l. ') 01. THoI-< AS r< '<.oJ ovA- Hot..) S Name lJ 3Lfto ~Mf.!... ~- )J~. RVtC4.~lTH 5SLf'1 , Address City/State/Zip 7 b 5 - 7 L(~. ~ J r J Business Phone - 9s2.. 2f 2... It tS- Cell Phone Home Phone -f{a. 'fIe @ '1tt C'tfA.a S (eft OVa.:ff~ S · Nt. f- 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. EXru,Nc-- f/oM€ 'i, Pcrct.- tvi71- oft> a.t:CeR ~ 21z- C6J Ja.rT ~ f~ St~ e:g 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. · L7 (!C>l"-2# b- + wI. "vU'f fN.;dpO s4'~s -c1Z r~ of, W,fJ ~ ~ t af~JJ ~. W..J -/& ttJc1 s(,fL;/- (1{. -n, ~ /u-r- ~ ir~ ~J '110f /06t. IiJ..e tJ.. A SW~ ~. Wso ~ Ud s~ ~ 4-L.. ro lit. cf '71DU-€ aM "fJ 7k- "Jc.i< cP hH 4L . To the best ot'my knowledge the statements found in this appli ation 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 expire~ 4. ~ (judrcdrx J Slgnat of Applicant 6. If the applicant is not the owner of all property involved in this application, please name the owner of this property: anD It>! ;11. /,/e,/tI :Tr Print Name of owner &(;;( - -<: <.J'" ~7 /<1 /JJ1 . ~ J-L Variance Application Submittal: T~~I=ing information must be submitted b.y the application deadline to make a complete 3P/ ~:~. 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 ~ther 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 /sued. . l. ? - ~ Variance application fee, as follows: $125 - single fa~ilY 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 BZA 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 IvL'~~tAe I R. Ireb eX:-h Comment d ~ Signature 1tt n;:< -- n n Print Name ~~ 1JU/~ Comment Signature ~~ Print Name Ii uc(~r;y Il ]uetE Comment Signature Print Name Comment Signature Print Name I&;/L. d,t,.,<-IL Address b \~ ~ fI ~?S~t"~ f I . Address fl'f2r Y{!Ilf.?h~l!fJ( N Address 61jf)~ fkmlf5h;~fW a Address Comment Signature ~~, Address MQS ~pgt,,'r<'-. Print Name ~eD Se:J.tER!1L TIA1.'E~ - UNS"feeSSrpuL Comment Signature Print Name Comment Signature Address (p~OS Hv+1.fS'l1"/IEL Address \\') /U -- '1 ~ }" ~ "-..'7b ~ i 6" ...t C) ~ f ~ ~ ~ ~ ~ .. , .. "~ I " III '1 ~J . " ,'11 ~' I , " " .0 , . " ~'. '.. , . . " 0. ~,.~ ..,"~.f\,'i, ,l' ~l , 'or:: ~. ~'......T' ,,~ j.., , '".. ~t':..l'~ ~ .f'!~ ~" c;.fir. ,\1r; ~1l:lA 1,': ", . h"\:~" p'i... l. .. 'r~ V:,' .~, ~'~~'~. 'r' " '\ .:It\ . ,~. .'~ '-: l .." t :'\'~', " , I ",It, 'l'l.IL'~'4i~~1 i'I}, . ~ ,I J. :~.,~h :!!;'iu,' I r) ~.. . . ""li I . " ~'" r 'i"\~l t, t' - 1" · ~;~ -: ~ ~ : i "j: . 'rA.. ,. ..~~ '1~. -'~.. .. 'T~". ),,',; <~:(:. ,'~;' :I..~'j "\. .... ~.l !1J"" ....~ . '~:. ',' t.~ ,:.r,.~ r.r' j 1~ W"j '. .,1.. i. ,;",: <l ... . .,,'. ''''''t . " lj.,j". I i. h. 11 ;., ~', .$, " i-.. 1,..1, ~ ...,', ~f1. '. <; ;s. ; . ~'I.' ...\. .-, J.... 't~ ".' T .~, ~L" " .1. r- " . ... ,4 o;i J- 1["1" . .. ~ 'f , . . ...., ,~ '.. ." ,} ,/ ;-:','. ~ -..~ ~t ~'I-' \" '''... '" . ,. . I " II " II IJ II I , I I I II I '. :-4 ; ~.. ".' i: ,~ .f: I . , 1. ,t ~ .. l-J . 'V r. ~ ~1' ~i[', ~ ..- , ~ ~ '" f' '.~ , . ,('14; . I,'~li ~, r" 'iJ ;.~ . ".. -:'..... ,. t. I . ~ , ~ 1rl I i ,j\ J ~J. 08-09-15 1300 Kelly Drive Brent Behn, Applicant Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: From: September 11, 2008 Golden Valley Board of Zoning Appeals Joe Hogeboom, City Planner To: Subject: 1300 Kelly Drive Brent Behn, Applicant Brent Behn, owner of the property located at 1300 Kelly Drive, is requesting a variance to City Code for the construction of a new deck. The proposed deck would extend into the east side yard setback area. No prior variances were obtained for this property. The proposed deck will replace an aged existing deck. The lot has considerably less depth than other lots on Kelly Drive. According to Mr. Behn, widening the deck to the north or south would not be an option, as it would interfere with egress windows. Also, the lot has topographical restraints which limit the location of the deck. The proposed project requires a variance from the following section of City Code: . Section 11.21, Subd. 11(A)(3)(a) Side Yard Setback Requirements A 15 foot side yard setback is required for properties located in the Single Family R-1 Residential Zoning District that measure 100 feet or greater in width. Mr. Behn is requesting 3 feet off of the required 15 feet to a distance of 12 feet from the closest point of the proposed deck to the side (east) yard property line. Staff feels that the configuration of the lot limits the applicant's ability to build a modern deck. This proposed project meets the City's criteria for a hardship, and does not negatively impact the character of the surrounding area. The Planning Department, therefore, supports approval of this request. ~ 1520 15115 I 1515 1500 I 1515 ISl0 I 1m 1500 150S 1SOO 1445 i.44O 1445 1440 1445 1440 1030 7020 7008 :II: 1- 1440 1445 !I: 1440 1435 <C 1435 1_ WINSOALE ST N 8 1_ 1435 :I 1- 1430 1435 "" Ill: 10 0 1430 1425 ~ 1430 70511 1031 1019 1001 1420 1425 1420 1425 1- 1420 1410 i!i 1416 1415 1404 1415 ; 1410 1415 t 1- :Ii! 1410 7054 1024 7004 rSO KNOLL 5'f N ~ ~ 1401 140ll 1401 1445 7415 1400 1401 !il 1402 . KNOLL 5'f N 1- 1356 1345 1340 1345 1315 z 1320 1053 7023 1001 1- ... )l> <C 1332 1331 1334 I 1- 1338 1355 1325 1320 1325 i ~ 1310 7OS4 7024 7004 1- 1318 1325 I 1320 132S 13UI 1315 1310 1315 A .. J>l.. YM()I.l'l'H A IfE N ... 1S04 ! J 7440 i 7420 0. 1300 1230 7210 7i.30 1110 7400 7310 /' I l .) I- .... .. ..... J>l..YMOUTHAIfE N ~ I- I Kelly Drive , '!! 1 300 "" ;z 1- ~ ~ 1- ~ )0 1i -- 1- z - ~ I - elf "- - :M'*' O'~ 'M_,n P;.~$AS ' C~t"~>;i~Ji;C1l00iS GiS"A'OS il :1$111 Variance Application Comments 3. Detailed description. . . The proposed structure is a replacement deck that is of similar size to the existing deck. For a detailed footprint of the proposed structure see the attached "as built" with the new footprint highlighted. This application is requesting a 3 foot variance to the existing setback along the back of the property. As you will calculate from the "as built" drawing the proposed structure will infringe on the setback by 2.3 feet (or 2'4"). 4. Brief Statement of Hardship... There are three basic hardships which detract from the reasonable use of the property at 1300 Kelly Drive. a. The existing housing structure supports basement egress windows on both sides of the existing and proposed deck and can't be widened without covering those windows. Widening the deck would cause a safety issue for fire escape as well as violate city code. See pictures # 1 and #2 on the attached document. b. Due to the irregular shape and unique layout of the lot (i.e.jog in property line and hill slope) it doesn't allow for the flexibility of design as most lots in the Peterson's Valley View Addition of Golden Valley. (see figures #3,4 & 5 below) c. Due to the placement of trees and the natural lay of the lot with a sloping back hill it is necessary to design a deck that fits the current conditions. (see figure 4 & 5) Based on these hardships and "in keeping with the spirit and intent" of the City's zoning law we feel that this variance does not change the character of the neighborhood nor infringe upon our neigbors enjoyment of Golden Valley. City of Golden Valley Board of Zoning Appeals (BZA) Zoning Code Variance Application 1. Street address of property involved in this application: /3{)() kFttc/ D12/t/tF ~f?e/l/r Name Applicant: 15eHt/ 2. 1380 [<cur Dp.tl//7 Address -tU'5r22;'- ~2{p3 Iv3-S~-7.f&? Business Phone Home Phone bid~e M,/),c. eOn-l Email Address City/State/Zip Set:- hi(,S/h~~ Cell Phone 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. (~~m<>-~) 4. 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. (~~ a/lru~~) 5. To the best of my knowledge the 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. ~~~. 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 apPli~on. If an application is incomplete, it will not be accepted: ../' Completed application form, including signatures of surrounding property owners. -L'. 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 )'ther 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 BZA 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 ~ VIL1..A-t ~ ~ ~1l.A-t-/.) I AJ e- W ~ e: IV J-I.-;q-- W Comment _1 l,J Signature Address '/91(/ ~~ PrintName Lo<~ tln~~ Comment Signature nD~~ Print Name ~ ~e..... fn\S.-\fr Address .J 3 ),5 ~ fJ ( , Comment Signature ~A-~, go \a (l\ G3 -\- -e..-so v\ Address D.\ Lo \41\'1 \)t<-. Print Name Comment ~ Signature ~ " Address r23v Y~iY\C~ ~ue --- Print Name Comment Signature Address Print Name Comment Signature Address Print Name Comment Signature Address Additional Picture (facing South to golf course) Picture #3 Picture #4 Share " " f j -~ N 'ii "" H f R " "f Picture #5 , I ... N Plym 08-09-16 1800 Mendelssohn Ave. N. Marlin Henrikson, Applicant Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: September 11, 2008 Golden Valley Board of Zoning Appeals Joe Hogeboom, City Planner 1800 Mendelssohn Avenue North Marlin Henrikson, Applicant To: From: Subject: Marlin Henrikson is requesting a variance from City Code for the construction of driveway extension, as well as a deck. Mr. Henrikson proposes to construct the driveway extension directly adjacent to the south property line. In addition, Mr. Henrikson proposes to construct a deck within 9 feet of the south side yard property line. No prior variances were obtained for this property. The applicant is making several improvements to his property. In addition to the work requiring variances, the applicant is also replacing his existing driveway, constructing front yard retaining walls, as well as constructing a patio directly adjacent to the proposed driveway extension. This work requires a Grading and Erosion Control Permit. There has been concern that the proposed patio would be used as an extension of the driveway. The City does not specifically define a patio, nor does it require a patio to be set back from a property line. However, parking of a motor vehicle is only allowed on an area that is specifically delineated as a driveway. Mr. Henrikson has been made aware that the parking of any motor vehicle on his proposed patio is strictly prohibited by law. The applicant is also proposing to replace a preexisting deck, which is said by the applicant to have been 10 feet from the east property line. The applicant is wishing to extend this deck by an additional foot into the setback area to allow more room to transport things into and out of the home (the deck would be attached to stairs leading to the driveway.) The applicant removed the preexisting deck prior to the request of this variance. There is no record of this deck in city files; therefore, the (now demolished) deck is considered an illegal non-conforming use. To construct a new deck within 9 feet of the property line will require a variance from City Code. According to the applicant, the hardships that exist in this situation are the lack of level space to park vehicles and the desire to save a large tree on the southwest corner of the home. The proposed project requires a variance from the following sections of City Code: . Section 11.21, Subd. 19 Driveway Setback Requirements A three foot setback is required between a driveway and a property line. The applicant is requesting that this provision be waived, so that he may construct a driveway to be within 0 feet of the south side property line. . Section 11.21, Subd. 11(A)(3)(c) Side Yard Setback Requirements In the case of lots having a width of 65 feet or less, the side setbacks for structures 15 feet or less in height along the north or west side shall be 10% of the lot width and along the south or east side shall be 20% of the width. In this case, the south side yard setback requirement is 12 feet. The applicant is requesting 3 feet off of the required 12 feet to a distance of 9 feet at its closest point to side (south) yard property line for the construction of a deck. It is suggested that, if approved, the proposed driveway extension only be allowed to be built up to 40 feet from the front (west) yard property line. Staff believes that any paved area beyond this point should be declared a patio, where parking of motor vehicles would be strictly prohibited. Staff recognizes a need for a deck to be placed at the top stairs leading to the front door, providing an adequate entrance to the home. Staff asks the Board to recommend a reasonable length for the deck to extend into the side yard setback area. C: Roger McCabe, Building Inspector Eric Eckman, Public Works Specialist 19011 1904 1900 1820 1816 1812 I -< ... t :II: ::t ~ i ~ ~ t z 11800 Mendelssohn Ave. N.I 180ll 1720 1716 1712 1704 1700 NAPER Sf @ 1624 1628 M~ Q'~'M'fu ftit,.1MS.o C~{C} lOOlSGtSJ'm 1909 1905 9400 1821 1811 1813 180ll 1805 1801 (l 1904 1902 9350 EARLST 9385 I 1816 ii ! ! 1812 ,.. i\i 1808 2 1804 1800 1721 1711 1113 1109 1105 1701 1629 1913 1905 9300 9345 1811 1815 NAPER ST 1636 9345 1632 1633 162fl 1629 IUft CERTIFICATE OF SURVEY FOR: Marlin Henrickson 1800 ]\{endelssohn Ave. N Golden Valley, MN 55427 . 33 :I:. t- , :ZgR3 "-I' 7 J J I LaJ I i I UJ ~ J ] z 19 1-- IZ ::r: o en tn' I lFt LiE w ::r llq2(e,l~Z <jJ ~~ t/NJClfElf :DRIVLulAY, : .:-... ,r '#3,(., . 4" t?J'f, IS 'Ill I I I~ ..... #0,1904 1-5-r tul.K-bUf ,,(#{S'#! 38 LO T 20 t SH:O, J 12 <1\. - (( z.q. 9'fJ ~q;y; I .-.9 _I x.&J3~,3 \ 40 x C; 'f-b I ~ " l.t ~ 0;;: I ~ ~ ,~ I NtJ. /$tJ(J I . /. LOT 19 AREA: 72! 3 .1 fa,,;, .76 { e.. w '.,) X 1.L.l ;c;r MI!.TJlL v 'fI/!.O <) "- q;;~& ~ 10 ~ .1lI"l )< r.qSM.. DAle. ..srt1R,) PRtlntl! '\) :7 . IV) ~ ?I<<JNTWALk'-Old 1-1 (Ju.~E. : .',. . .' : . . " dJit.,un;'n au.s:, ", .... :, . . (,qiJte.o~~ ," tJlfl!tew.4Y' 'x"i3o/j .' ,Ct,h'C.WI.Ki .$'7'tJ/t/E. ~.J.ti~iN {1Jc, \JJ<> Zlf )(9.15,".. WALL AID, f7 20 -IZO.2?- S8905b'50/~W- 1- 5-F FF?{J)f T UlLK-tlui II"uSE :.J.i T ; B ~ 1 Legal Description: (Torrens) Lot 19, Block 5, LAKEVIEW HEIGHTS, including one half of vacated alley, except the easterly 17.00 feet taken for road purpos~s. Benchmark: S.W. Cor. TBS @ D/W No. 1720 Mendelssohn Ave. N N.G.V.D. 1929 adjusted elevation = 934.68 feet. l.J) ~ If) r-... Ct 1(; fp 0' -- ~..." l< . .\ )- 'k t.JJ ::.- :.1 ~ <( N ,ltl 'Q '" (;) (.::. II) i~ l- I,',.i.,"_ ',; ..::( t:~ . . ':.......- ,-f' ;;1( h " I hereby certify that this survey 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. Surveyed by me this 15th day of September, 2008. , ,;J~ 11 ~~~; Herb F. Lemire RLS Minnesota Reg. No. 13349 4416 Abbott Ave. N Robbinsdale, MN 55422 Phone: 763'.537.0497 Scale: I" = 20' o Denotes iron monument xooO.o = Existing elevation .earings are assuDled ~ e) -\ C) It ~ 10 pe.J \)" ,1Je- v:. cu..r ~~,--ee v"" e \' S N-o l'6~Q .t P (Yr ~ /'J'.fCJ . c)Cce-e;- *~ M ~I''' g.'j;.,...t 5~ 1:"Cl-e. e V ,!(.ov...se. ~ 0 ~ is> -+ \I -e~ €- \.- ~? ~,If \<J'1 c::\ 0 1-- 0 ~ ~'f"'O '-D '~. \~ ~ -\ [~e+s . t{. N "Sc,-c;2 e- . ~o I' u ~k. ~ P o-.~$ o^-~ e.CAf~ '4a..u€ '--\-0 ~ i' ,ve.. ~ ~ \.dc\!-e. c> + ~+v-ee:.+. ~'5t/We/~:~ 'S~'('i.€ ~ ~+~~Q~,-\- ~k.o~~lc\ Be-v 0 ~+ €C,\ ~\\..o e Co-_ '( \c \,. 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It o-fet-.r c 't c I ~ ~ ., \ \ B e. \ ^-\ ,~ 4\ ~ u ~C<..L~ ~ CJ.-V c\ . ' cfl1 o~, '-if-- { City of Golden Valley Board of Zoning Appeals (BZA) Zoning Code Variance Application 1. --l- ~ C)o Street address of property involved in this application: ((\ -Q..~&~ S~~~X\.) AtJ-e - \-\-e~\ '(' \~S O~ t^~~e.Q <;;s<?A,,,, _I~~ Address 2. Applicant: _~ 0.- \( \ . ~ Name Business Phone ?1J3 5"~b-838<5)' Home Phone a tJ AI" SS*'(27 City/State/Zip ~/~~g5-b712 \ Cell Phone jA.l~ N~ j q ,-") '1 Q Il-Df, COYv-"\ 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. , ~ 4O~'f'\~~GlJ ,/'7 ~ ou <:\~tLJ- iQ~,~ A)2,W -;.. . J I. / ' ~a.'-'f.N4- ~.\l ~ ~~~,.-;t1/~':r-t.,J"1 ~ <5 E-K~;d-\~. ~f) ~ "AJ ~~ n- X/~ 5 ~~9t~ 'S\'~ 4. 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. ~oJ.,l~~'1 b\R [~ ~ ~ ; M~.x.. '1d~J, H ~ It... 'fa ~~d2.. ~ ~~9~ ... C)~ /(~~'fJP l..Q I M L'"M i-t A~ed ~.~ ~,4~$- / - 5. To the best of my knowledge the statements found in this application are true and correct. I also understand that unless construction of the action applicable to this variance request, if granted, is not taken within one year, the variance expires. /' ~.L.(7~- .. Si nature of Applicant , 6.' If the applicant is not the owner of all property involved in this application, please name the owner of this property: ~ fJ.-~ \,+...\. \~-e-~ t" k$OI'-C 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 -~ingle 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 BZA 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. ~, \ ~-\e I{\ ()\L Signature (l7/Z--- Print Name r) {)~ Comment Address tvOCi r/~~\J5d~V~, ryy:: 1;J/ n,\, ,fk, 1/'" \ I' A ,,1\ f7( f r. /l II ) ", ' " ",',.!.1. ;} (J} . 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Beau Farrell, Applicant Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: September 11, 2008 Golden Valley Board of Zoning Appeals Joe Hogeboom, City Planner Continued Item - 2310 Byrd Avenue North Beau Farrell, Applicant To: From: Subject: At the June 16, 2008 meeting of the Board of Zoning Appeals, Beau Farrell applied for a variance to City Code to construct a deck into the front yard setback area of his property. At that time, the Board tabled Mr. Farrell's request to the September 2008 Board of Zoning Appeals meeting, asking him to consider design alternatives that have less of an impact on the front yard. Mr. Farrell has not responded to staff's attempts to contact him. Therefore staff recommends that the Board of Zoning Appeals formally deny the following variance to City Code: . Section 11.21, Subd.11(A)(1) Front Yard Setback Requirements 16 feet off of the required 35 feet to a distance of 19 feet at its closest point to front (west) yard property line for the construction of a deck. j~~ ',' ~ ~ ~ SCALE: 1 INCH_-:'-d::!_ _._.' FEET JOliN J. RYAN CO. 1595 !>El BY AVfNUE. 51 PAUL !">';i104 -. 'I....-l TELEPHONE 646 ~ PLA T OF SURVEY I OF PROPERTY OF -Lf:J6.6",~ /-~ T ..2i-' /-:: "'hi ~~. //~? rY C~ ,-~/:: p /'b /'?' I / , LOCATION_~~/.J17 al,.~.::/,t,:.-~ -'-~~~//:.~~'~..,__ f;~cL-?~/7 .J-:>- <<~"""'J' /'~~""':;!/.J. ..OESCRIBED AS FOuows.LL2LL~? .d/.2C7":.;"..:/f C__"" -.;-'~,..~;~:~:'-?:.5"~'f-,:'<1 :~f/:~/7r /. . L /' ~ ..'/ .... A/..' / ......,. n /). / /. / /./ .' A "7' ,/ c7A~. /"r.'"dL c2-L.~/L~~~~/t?C;-"~::". ~... __~::<eL/#,>"",'L.dL'L.a:.e/;-:%'/" .:"~ ;?'.?/r'a. (/,1')/ ~ /7'" e"/~/? C~. . .;..... . " 6- .v e.. (l, '\ jl(1 ).;V g1. ~ ... 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' 7- 2/ 19 75' I hereby certify that on 19 ~,a..' ~ ......r.roy.pbn. or report W&8 prepared by me or u~er my this survey, plan, or report was prepared by me 01' under my .. . '" dired lJU~rv1sion end tljat 1 lln1 a dulY" ~teTed Land Su direct supervision and that I am a duly Registered Land t~. "~" n".I"" a:u:1oq:he bn'is ~,~ta:. of Minnefota. ~:} Surveyor under the laws of the State of Minnesota. -.,' -. "'. () " " xj.1>"~ ., -V . .... ~ ' .-....,. - ,--~'"~.. ,;?~ ,'; ~-,/'J . ~.. \ ~ '/ " ~/~:~ ~;an. ~~~~Cd 1 and Sllr>~or, No, W2'l ' .~~., ~. l ',;:'. ,~.: ': '. .., / John J. Ryan. Jl.c,il.ltr:<! Ulnd Surv.yor. No. ~ .. . . . Paul J. Cran., R..."t.m1land SU"n'or, No. 4449 ;;. ":