07-28-09 BZA Agenda
Board of Zoning Appeals
Regular Meeting
Tuesday, July 28, 2009
7pm
7800 Golden Valley Road
Council Chambers
I. Approval of Minutes - June 23, 2009
II. The Petitions are:
1221 Pennsylvania Avenue North (09-07-09)
David and Cindy Berg/Sicora Inc.. Applicants
Request: Waiver from Section 11.21, Subd. 11 (A)(1) Front Yard Setback
Requirements
. 4.8 ft. off the required 35 ft. to a distance of 30.2 ft. at its closest
point to the front yard (north) property line.
Purpose: To allow for the construction of an addition to the home and a new
two-stall garage.
Request: Waiver from Section 11.21, Subd. 11(A)(2) Rear Yard Setback
Requirements
. 3.3 ft. off the required 28.7 ft. to a distance of 25.4 ft. at its closest
point to the rear yard (west) property line.
Purpose: To allow for the construction of an addition to the home and a new
two-stall garage.
1518 Valders Avenue North (09-07-10)
Vernon Berglund. Applicant
Request: Waiver from Section 11.21, Subd. 11(A)(3)(a) Side Yard Setback
Requirements
. 7.5 ft. off the required 12.5 ft. to a distance of 5 ft. at its closest
point to the side yard (north) property line.
Purpose: To allow for the construction of an addition to the home and a new
two-stall garage.
Request: Waiver from Section 11.21, Subd. 11 (A)(3)(d) Articulation
Requirements
. The wall of the addition along the north property line will be 35 ft. in
length without articulating
Purpose: To allow for the construction of an addition to the home and a new
two-stall garage.
7100 Madison Avenue West (09-07-11)
Richard Storlien. Applicant
Request: Waiver from Section 11.70, Subd. 3 Minimum Number of
Required Parking Spaces
. 3 parking spaces off the required 36 parking spaces for a total of
33 parking spaces
Purpose: To allow for the construction of a new parking lot.
Request: Waiver from Section 11.36, Subd. 6(C)(4) Yard Requirements
. 10ft. off the required 10ft. to a distance of 0 ft. of landscaping
along the west side yard property line
Purpose: To allow for the construction of a new parking lot and driveway.
III. Other Business
IV. Adjournment
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.
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
June 23, 2009
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
June 23, 2009 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Segelbaum called the meeting to order at 7 pm.
Those present were Members Kisch, Nelson, Segelbaum, Sell and Plann'
Representatives McCarty. Also present were City Planner Joe Hogebo
Administrative Assistant Lisa Wittman.
I. Approval of Minutes - May 26, 2009
MOVED by Sell, seconded by McCarty and motion carried una
May 26,2009 minutes as submitted.
II. The Petitions are:
6480 Wayzata Blvd. (09-06-07)
Vladimir Sivriver. Applicant
Request: Waiver from Section 11.47,Subd.6(B) Front, Side and Rear Yard
Setbacks, Surf :e Pal"l<ing.~equirements
.
15 ft. to a distance of Oft. to the side yard (west)
'ng parking lot into conformance with Zoning Code
om Section 11.47, Subd. 6(C)(2) Side and Rear Yard
Buildings Requirements
10ft. off the required 10ft. to a distance of 0 ft. to the side yard (east)
roperty line.
To bring the existing structure into conformance with Zoning Code
requirements.
Request: Waiver from Section 11.47, Subd. 8(H) Parking Screening
Requirements
. 5 ft. off the required 5 ft. landscaped frontage strip to a distance of 0 ft.
to the side yard (west) property line.
Minutes of the Golden Valley Board of Zoning Appeals
June 23, 2009
Page 2
Purpose: To bring the existing parking lot into conformance with Zoning Code
Requirements.
Request: Waiver from Section 11.47, Subd. 6(G) Maximum Impervious Surface
Requirements
. Waive provision to allow greater than 65% total impervious land
coverage.
Purpose: To bring the existing property into conformance wit
Requirements.
Hogeboom noted that this is the first variance request for a prope ted inthe 1-394
Mixed Use zoning district. He explained the applicant's request to add<~< parking spaces on
the west side of the building and build an entryway on the north end of th~existing
building. He stated that both of the applicant's prop()sEad..reqLJe~t~ c()nform to zoning code
requirements however the existing parking lot anq:~fructu re non~!J;:onforming so in
order for the applicant to expand the footprint of hi~ existin ilding by adding an
entryway the entire property needs to be brq t . confor nee with zoning code
requirements. He added that the applica . ith the Public Works
Department on grading and drainage is supporting these variance
requests.
Kisch referred to the survey sub bYithe app:licant and noted that this property
requires 25 parking spaces. HOvvEaVeritcurrently has 32 parking spaces so he is
concerned about increasing the impervious surface of this lot even more by allowing the 6
additional spaces the appliqant irequestil'1.g. Hogeboom agreed that that the applicant is
requesting more par 'ng spa an what the code requires, however he has
demonstrated the n i,ltq[,,<the itional parking spaces.
stated that it appears the applicant is proposing to
e than he currently has. Hogeboom agreed that the applicant
the amount of impervious surface on his property.
McCarty referr
have lessi e
is makiqg
to the variance request regarding screening of the parking lot and
irement is for aesthetic or safety purposes. Hogeboom said he believes it
urposes. Sell said he believes the screening requirements are to provide
ential areas.
Vladimir Sivriver, Applicant, stated that he needs the additional 6 parking spaces he is
requesting because he is searching for new retail tenant which will require more spaces.
Also his existing engineering firm and school currently located in this building need more
parking spaces. He stated that this has been a very challenging site and since he bought it
he has put a lot of money into fixing it up. He showed the Board a PowerPoint
presentation that provided a background of his business including his education,
Minutes of the Golden Valley Board of Zoning Appeals
June 23, 2009
Page 3
professional experience, accomplishments and projects he has done in Golden Valley. He
discussed his future plans for this site including the reduction of impervious surface,
drainage improvements and landscaping.
Kisch referred to the survey of the property and stated that the reduction of impervious
surface that has been mentioned has taken place outside of the applicant's property lines.
He asked the applicant how much impervious surface is located within the property lines.
Sivriver reiterated that this is a very difficult lot and that MnDot probably s.h~l\;lIQi~~ve taken
it when they reconstructed the frontage road. He explained that he did ~~rl1ove sOl+lr
impervious surface from the boulevard area along Wayzata Blvd. br~auseifhe didf!'t, no
improvements would have beef! made. He stated that he is also pl.~nning onpoing me
landscaping along Florida Ave.
McCarty referred to the 3% reduction in impervious surface are much of it
was located outside of the property lines. Sivriver said a oxim the reduction
was located outside of the property lines. Kisch noteg.nt~. t.a on 0 parking spaces
would increase the impervious surface total within{tf'lepro~rrtyl Sivriver stated that
he proposed using water infiltration but the City wouldn't allo~ it bec use the water table is
so high in this area.
Kisch asked about the City's
Manager gave the applica
He reiterated that the ap
regarding catch basin and r
permeaole pavers for the proposed 6
he{~ity would still consider permeable
Kisch asked the applicant if has cOf!side~ed usi
additional parking spaces. Hogeboo oted t
pavers to be impervious surface a
parki lot. Hogeboom explained that the City
-stripe his parking lot because it already exists.
orking with the Engineering Department
pond issues.
Kisch said he is hesitant togra9tapproval for the 6 additional parking spaces because
they will be addingadditiqnal impervious surface to the site. Sivriver stated that the area is
very dens~jn us th~ skate park, the collision center, Majors and JJ's and that
sometime ri~lJgh parking spaces plus he still has 2,000 sq. ft. of space to
rent.
e applicant if there have been any accidents in his parking lot. Sivriver
Segelbau ened the public hearing. Seeing and hearing no one wishing to comment,
Segelbaum closed the public hearing.
McCarty asked Hogeboom if there are any requirements stating that a person can't install
more than the minimum amount of required parking space. Hogeboom stated that there
are only minimum parking stall requirements, not maximum.
Minutes of the Golden Valley Board of Zoning Appeals
June 23, 2009
Page 4
Kisch said he realizes the limitations on this property but he is concerned about increasing
the amount of impervious surface. McCarty said he would more concerned if the applicant
was adding more impervious surface but the applicant is just proposing to re-stripe what is
already there. Kisch stated that the applicant is proposing to add more impervious surface
because he has been calculating the amount of impervious surface using space that is
outside of his property lines.
Segelbaum suggested that it may be.appropriate to approve the variance
existing non-conformities however in regard to the variance request inv
surface maybe the Board could allow the applicant to keep the amo~f\)t
surface the same, but not let him increase the amount of hard COv~l":
Sell said he agrees that this is an unusual piece of property arl~
Code be revisited to consider adding permeable pavers and oth~r si
considered pervious surface. He suggested to the applic~nt thafh~ wdr
use some of their parking spaces.
cause of the heating and
tional parking spaces is
added that the Board has
Kisch said he can see a hardship for allowing the
cooling issues in the building but the only har .
because the applicant says he needs mor~,
to balance the potential impact with the I"dshl
Nelson suggested allowing the ap he net existing impervious surface
amount the same. If he wants to d nal parking stalls he'll have to make up
for the difference in another I lot. S <n agreed and added that the
Engineering Department s.l'1d(jl~terrmine how they want the water to drain on this site.
Segelbaum said he agreeettlat th~ Engin~ering Department should determine how the
water drains on this site butt are also the aesthetics of the property to consider.
congested. She said she feels allowing the applicant
roposed 6 parking spaces would be better than having
Kisch s
spaces b
from the exi
to allow no net
t think there is a hardship to allow the 6 additional parking
a stipulation that the total impervious surface area does not increase
d surface coverage amount currently located within the property lines
ain in impervious surface he would feel better about the proposal.
MOVED by Sell seconded by Nelson and motion carried unanimously to approve the
following variance requests:
. 15 ft. off the required 15 ft. to a distance of 0 ft. to the side yard (west) property line to
bring the existing parking lot into conformance with Zoning Code requirements.
. 10ft. off the required 10ft. to a distance of 0 ft. to the side yard (east) property line to
bring the existing structure into conformance with Zoning Code requirements.
Minutes of the Golden Valley Board of Zoning Appeals
June 23, 2009
Page 5
. 5 ft. off the required 5 ft. landscaped frontage strip to a distance of 0 ft. to the side yard
(west) property line to bring the existing parking lot into conformance with Zoning Code
Requirements.
MOVED by Kisch seconded by Nelson and motion carried unanimously to approve the
following variance request:
309 Turnpike Road. (09-06-08)
Natasha Solorieff, Applicant
Yard Setback
. Waive provision to allow greater than 65% total impervious land cove
condition that there be no net gain of impervious surface area withi
the site. The applicant is not to exceed the amount of imperviou
property.
Request: Waiver from Section 11.21,
Requirements
Purpose: To allow for th
garage.
ctio
of 2.2 ft. to the side yard
. 12.8 ft. off the requir~~i15
(north) property line.
Hogeboom stated that th
home and a new 2-stall g
the north, side yard e
hardship and is ther
at least 5 feet a":/;{ay fr
addition being proposed in
meet setb~,*kJequire~rnent~.
isi~f:2posing to construct an addition to the existing
Iivingfi$pace above that would be 2.2 feet away from
e explained that staff believes a single car garage is a
ending that the proposed garage addition be located
roperty line. However staff does not feel that the
e new garage has a hardship and it should be able to
tOfne neighboring property to the north at 301 Turnpike Road. He
meowner there built a similar addition to what is being proposed
is located 5.5 feet away from the side yard property line compared
ing requested. Nelson stated that precedents were set but that doesn't
ce should have been granted and each property needs to be looked at
Segelbaum asked if the required side yard setback for this property is 15 feet. Hogeboom
stated that the side yard setback for this property would be 12.5 feet however due the
height of the proposed addition the north side yard setback requirement is 15 feet rather
than 12.5 feet. He added that the existing house does conform to the setback
requirements.
Minutes of the Golden Valley Board of Zoning Appeals
June 23, 2009
Page 6
Patrick Buckner, contractor representing the applicant, Natasha Solorieff, stated that they
are trying to upgrade the home to make it usable to today's standards. He said they need
a two stall garage with a minimum interior width of 22 feet. He explained that the existing
garage has no footings underneath so they are proposing to tear it down and build a new
garage with living space above plus additional living space behind the proposed new
garage. He added that garages with living space above them are very common in Golden
Valley and will fit in with the character of the area. He said he considered building in the
back yard but he would then have to remove trees and he doesn't want t . He
stated that the plans he submitted are conceptual and can be changed d to
have some compromise from the City.
Segelbaum asked if the eaves shown in the elevation plans are taken into consideration
when figuring out setback requirements. Hogeboom explainedthat89"Of eaves and
overhangs are allowed to go into the setback area however theYcanl'1()t cr()~sover the
property line. Segelbaum asked how close the propose ve woyld be~~the property
line in this case. Buckner, said he wouldn't have to b . on the north side, he
could install a gutter instead.
Segelbaum asked if the proposal for the 22-foot
be 2.2 feet away from the property line. B
11.5 feet of space in order to get a 22-f
what makes the addition
added that they would need
Nelson explained to the applicant~~;~ttneB ............ oesconsider a single stall garage to be
a hardship but they typically likeg~rageC;lddition~to be at least 5 feet away from side yard
property lines. Buckner said ttJ ~'t.~uild a two stall garage 5 feet away from the side
yard property line without~jlnl Iychanging the plans and the budget. He added that
he would not do the projec he mlhimum width of a new garage is not at least 22
feet.
Ki
refe
house.
four-level sp
presenting the owner of the property, William
ans to live in the house. Segelbaum asked if he has a
e owner. Buckner said yes. Segelbaum asked if the purchase
on the approval of this variance request. Bucker said no and
eive approval for the variance they will have to cut down trees.
Segelbaum asked Bu
Adolfson. Buckner said
purchase ~gree
of the pro .
added
survey and noted that the topography is fairly flat on this lot. He
ans of the building section and noted that it is showing a walk-out style of
said the house will have an egress and will not be a walk-out it will be a
style.
Kisch asked about the difference between the level of the garage and first floor. Buckner
said the difference is about 4 feet.
Kisch said he is concerned about having an almost a 60-foot long wall along the north side
property line. Segelbaum referred to the proposed addition behind the proposed garage
and questioned if that part of the proposal could be built elsewhere on the lot. Solorieff
Minutes of the Golden Valley Board of Zoning Appeals
June 23, 2009
Page 7
reiterated that they are trying to keep the existing trees. Kis.ch explained that the Board
considers ecological issues but that isn't the only criteria considered.
Buckner stated that he is trying to get the square footage he needs to match today's living
standards. The existing house is only about 1,200 square feet which is very small so they
need to expand the dimensions of the rooms and bring the house up to date. Solorieff
stated that many houses in the neighborhood have been enlarged and modernized.
Segelbaum said he is concerned about the impact to surrounding propsked
the applicants what would prevent them from adding onto the rear ofth use in a
different and conforming location. Buckner said if he builds into th~back yal?dre m~y
create drainage issues. He said he is trying to be responsible a ul an~..rlot affect
anybody else's property.
Segelbaum stated he would really like to see at least a e proposed
new garage to the north side yard property line. BUCKQ~ ay to get a 22-
foot wide garage 5 feet away from the property lineaGl~e would also like to
install a fence along the north property line. Kisch id if a fence was installed there the
applicant couldn't fit a ladder in the space in orderto maintain the fence.
Segelbaum asked if the existing garagevqere removedh6Wrnuch space there would be
between the house and the property lil'le.BL!qkt'ler$ai~.there would be 25.4 feet which is
not enough room to build a minim ;.,st~lt ga~~ge.
Kisch noted that in the past t
minimally sized 2-stall gar
proposing 22.3 feet for th
feet away from the propert ,
other alternatives. r s
back yard will m.ake f
by the next doo i h
wouldn't want ca
windows.
considered a 20;.,foot wide garage to be a
to the applicant's plans and noted that he is
im n of the garage which would be located 3.6
as sta ed. He asked the applicant if there are any
re are other alternatives but putting a garage in the
driveway and he doesn't want to have to drive his cars
ws in order to get the garage. Solorieff agreed that she
and down the driveway next the neighbor's bedroom
McCarty $ sn't want to increase the costs for the applicant or require them to
teardown tr n this case there are other alternatives. Buckner reiterated that he is
conce ed if uts a garage in the back it may cause drainage issues on the
neighbg erties. McCarty asked about the drainage issues if he builds the garage
where he is proposing. Buckner said he is planning on installing drain tile. Hogeboom
stated that he has talked to the City Engineer about this proposal and was told that the
drainage issues could be addressed and dealt with in the drainage and erosion control
process.
Sell referred to the survey and said he re-did some of the math. He said it seems to him
that the applicant could build a 21-foot wide garage and still maintain a 4-foot setback
area. The Board agreed.
Minutes of the Golden Valley Board of Zoning Appeals
June 23, 2009
Page 8
Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment,
Segelbaum closed the public hearing.
Kisch said his concern is the proposed addition off of the back of the proposed garage. He
said he feels the impact of a 60-foot long wall that close to the property line would be
worse than losing a tree and building additional living space elsewhere on the property. He
said he agrees that a one-stall garage is a hardship and that building the garage in the
back yard and having cars drive past the neighbors bedroom windows is an
granting the side yard variance request. He said he would be ok with g 'ance
to allow a garage 28 feet in depth to be built 4 feet from the side yar r
Nelson agreed that there is a hardship regarding the one-stall g~
feels it would devalue the neighborhood and this property to buildg ge in th
yard and it would not make sense to build a detached garage irithisar.~a.
McCarty said he could see razing the entire house ang~tarting
property has plenty of potential without having to g~arit . nce
. He added that this
Sell said he would be ok with allowing a variance
depth, 4 feet away from the property line.
arage to be 28 feet in
Segelbaum stated that allowing livin m~\garage will make the garage
addition more opposing. McCarty.~~' .. wou~. support a variance to allow the garage to
be 5 feet away from the side yard/property. He added that the hardship in this case is the
single stall garage not the applic.(:nitw~ntihg more living space.
Buckner reiterated that t
door was granted a varianc
the term "today's st s"
property was grante
5.5 feet away f is
nofup to today's standards and that the house next
3 to build a garage with living space above. Kisch said
jective and reminded the applicant that the neighboring
a garage, not for living space behind the garage, to be
roperty line.
Buckner stated th
any green measur
tree is not as .
us
nsciousness is a passion of his and he wants to incorporate
n including not removing any trees. Kisch stated that saving one
nmentally sound as some other building practices the applicant could
Segelba:
living spac
he would be in favor of granting a variance to allow the garage, without
ove it to be 4 feet away from the north side yard property line.
MOVED by Sell, seconded by Nelson and motion carried unanimously to approve a variance
request for 11 ft. off the required 15 ft. to a distance of 4 ft. to the side yard (north) property
line to allow for the construction of an attached garage. The garage can be 28 feet in depth
with no living space above.
Minutes of the Golden Valley Board of Zoning Appeals
June 23, 2009
Page 9
III. Other Business
Kisch reported on the June 16 City Council meeting where they discussed the appeal of
the Board's decision for the property at 1525 Sumter Ave. N. He stated that the City
Council reversed the Board's decision because of the ambiguity of the definition of a
porch, landing, deck and stoop. The language in the Code regarding front porches, decks,
landings and stoops and what constitutes a "covered front porch" will be reviewed by the
Planning Commission in the future.
IV. Adjournment
The meeting was adjourned at 9:40 pm.
09-07 -09
1221 Pennsylvania Ave. N.
David & Cindy Berg, Applicants
1401 1401l 1_
1400 7524 7514 14Ol1 7445 7415
1400 1401
KNOLL ST N US6 1375
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Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
July 20,2009
From:
Golden Valley Board of Zoning Appeals
Joe Hogeboom, City Planner
1221 Pennsylvania Avenue North
David and Cindy Berg/Sicora, Inc., Co-Applicants
To:
Subject:
Background
David and Cindy are the owners of the property located at 1221 Pennsylvania Avenue North.
Mr. and Ms. Berg, together with their Sicora Inc., are requesting two variances from the Zoning
Code for the construction of an addition to the existing home and a two-stall garage. The
current one garage and storage space is inadequate in size, and is considered to be a
hardship by the applicants.
1221 Pennsylvania Avenue North is located on a corner lot, thereby having two front yard
setback areas. The applicants are proposing to construct the addition partially within the north
front yard setback. In addition, the proposed project extends into the rear setback area.
The home at 1228 Quebec Avenue North, directly to the west of Mr. and Ms. Berg's property,
is located 24.10 feet from the north side property line along Plymouth Avenue. A variance was
granted on April 25, 2000 allowing the construction of a three stall garage with living space
above to be located in the front yard setback area abutting Plymouth Avenue. Information
pertaining to this variance is attached. In addition, the home at 1227 Quebec Avenue North is
located approximately 25 feet from the north side property line along Plymouth Avenue.
No prior variances were obtained for 1221 Pennsylvania Avenue North.
Variances
The proposal requires variances from the following sections of City Code:
. Section 11.21, Subd.11(A)(1) Front Yard Setback Requirements.
City Code requires a distance of 35 feet between a home/attached garage and the front (north)
yard property line. The applicant is requesting 4.8 feet off of the required 35 feet to a distance
of 30.2 feet between the proposed addition and the front (north) yard property line.
. Section 11.21, Subd. 11 (A)(2) Rear Yard Setback Requirements.
City Code requires a distance of 20% of the lot depth to be considered the rear yard property
line. For this property, that distance is 28.7 feet. The applicant is requesting 3.3 feet off of the
required 28.7 feet to a distance of 25.4 feet between the proposed addition and the rear (west)
yard property line.
Recommended Action
Staff supports this proposal, and recommends approval of the variances as requested.
July 7,2009
Charles Segelbaum
Chair: Board of Zoning Appeals
7800 Golden Valley Road
Golden Valley, MN 55427
RE: Zoning Variance Request; 1221 Pennsylvania Ave N
Dear Mr. Segelbaum:
Enclosed you will find information regarding our variance request application for a large
remodeling project at our residence. Our scope of work includes an addition to our home and a
new garage (please see attached site plan for details). It has been brought to our attention that
the garage addition we intend to construct does not conform with the north and west property
setbacks. We request that the Board of Zoning review our condition and approve our request
based on the following reasons:
1. Hardship. Our property is a corner lot and because of that it has zoning setbacks
which are more restrictive than a standard residential lot. Both the north and east
property boundaries are required to maintain a front yard setback that places our
proposed garage in violation of this setback. Constructing our garage per the
dimensions shown on the plans will allow us the opportunity to park both of our
vehicles inside. In addition, we want to keep all of our yard and outdoor-related
storage inside the new garage, and not have a detached storage shed erected on the
property for additional needed storage space. The present plans allow us the
opportunity to enclose all of the storage that is necessary without adding a detached
shed.
2. Impact on the Neighborhood. As residents of Golden Valley for over 35 years,
maintaining the architectural integrity of the neighborhood, without disrupting our
neighbors' sightlines, is of very high importance to us. There are a number of
properties that are on Quebec and Plymouth Avenues that are located closer to the
north property boundary than what our proposed addition would be.
3. Character of the Neighborhood. The scope of work will be an asset to our
neighborhood and the remodeling will be performed to keep the exterior of the home
consistent with the period in which the original structure was built. We have spoken
with all of our neighbors about our proposed project and they agree that this project will
enhance our neighborhood and they support our proposed plans. (See attached
application with signatures).
We look forward to the opportunity to review our application with you during our July 28th
meeting with the Board. Please feel free to contact me at home (763) 544-2179, or on my cell
phone (612) 309-0397, with any questions regarding our application. Thank you.
J::OL.~
David R. Berg
1221 Pennsylvania Ave N
Golden Valley, MN 55427
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1. Street address of property involved in this application:
rz'Z J ~ 1_ V JJ,.J l!l I.J. V 1;. ,J .
2. Applicant: 1)~V'D ~ L/rJOvt 8~6 ,/~~A.J INc.
Name T -,
Itt.l I%~ I- 'lAr:LJ.A1Il/e. ,.J. J boLDliol '/.A1.-I-Q'!! . M.J rr 4.1.:1-
Address City/St~
+b'S. - S'44 - '2. rr:; bY'- - 301 - D3/71
Business Phone Home Phone Cell Phone
i . '/2- 4-zs- 4ft'S
dA.ve.. bers @ I bbe~-S'oy\ ~ ~ /rO"lSonY\~ k . ~ICDr6. . tCon1
Email Address I
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.
~];J:; AT,I:1t'..JJ MbNIS: .
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.
~ c.avsr- U;-r1"6~.
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.
j
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 0-0 tv'
Print Name L" ~v; s.....-tin€.- ~ .
commen~o.~ 6'=-. ~..;V.\ \ e,<,,,,~ ~ ~
Signature c=::;:~ ~ ~ Address I~ ~~~
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Print Name
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Signature
Print Name
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Signature
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Address /20S- ~ rr....a
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 ~~ -f /'JtQrtfH
:::::: ~
Print Name ~ Ie GWg
Comment
Signature ~ Address '1 t(+~ 7 (~60t-Ave :J
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1723
Minutes of the Board of Zoning Appeals
Apri125,2000
Page 3
-
haffer, and motio nlmously to approve the
requir eet to a distance of$ feet for the .
ove the existing garageatit.etosest point to the
to be looated next to the house in its .
ttJe driveway be reloe ed within the property lines by the time the ificate of
ocoupaneyisgiven out for e addition.
1228 Quebec Avenue North (M.p 14) (00-3-5)
Mark ."dM.wDen Hartlgh.Aoollcants
R8Ciuest:
e
Purpose:
Waiver from Section 11.21, Sudb. 7 (A)(2) Front Yard Setback
1.1 feet off the required 35 feet to a distan~ of 33.9 feet for t~
existing house at its olo.sest point to the front prope.rfylinefaclng
QuebeoAvenue North;
1.1 feet off the reqUired 35 feet toa distance of 33.9 feet for the
proposed living addition at its closest point to therront property line
facing Quebec Avenue North; .
5.1 feet off the required 35 feet to a distance of 29.9 feet for the
proposed deck at its closest point to the front property line facing
Quebeo Avenue North;
10.9 feet off the reqUired 35 feet to a distance of 24.10 feet for the
existing house at its closest point to the front property line facing
Plymouth Avenue North; .. .
8.9 feet off the required 35 feet to a distance of26..1 f~tfor the
propOSed ttyree-stall garage addition at its closest point to the front
property line facing Plymouth AvenUe North.
Waiver from SectiOn 11.21, Sudb. 7(0)(2) Side Yard Setback
.85 feet off the required 13.05 feet to a distance of 12.20 feet for the
existing house at its closest point to the side. (south) property line;
.85 feet off the required 13.05 feet toa distance of 12.20 feet for the
proposed living addition at its closest point to the side (south) property
line.
To allow for the construction of a 4'x 22' deck (walkway) along the front of
the house; construction of living space on the south side of the house;
and construction ofa three-stall garage onto the northwest side of the
house facing Plymouth Avenue.
Chair Lang stated the requests.
Staff Liaison Cold stated the applicants' request. The existing garage is a single-stall located on
the south side of the house. The applicants would like to increase the garage width. but found it
impossible to aohieve this along the south side. The existing house sits .85 feet into the side
setback. They are proposing to turn the existing garage into living space and add an addition to
the front of this garage for living space. An attached 3-stall garage would be constructed to the
tit
1724
Minutes of the Board of Zoning Appeals
April 25, 2000
Page 4
east side of the existing house along Plymouth Avenue. The proposed three-stall garage would
require an 8.9 foot variance at its closest point to the front (north) property line. The existing e
house also needs a 10.9 foot variance. The proposed garage would be stepped back 2 feet
from the existing house. There is a detached garage located at the southeast comer of the
property that would be demolished.
Lang inquired if there have been any prior variances. Dold stated that the house was built in
1946 and the attached garage was added in 1973. In 1973, they did not require the .85 foot
variance for the garage.
Chair Lang asked the applicants to. present their proposed project.
Mark Den Hartigh, 1228 Quebec Avenue North, said the proposed garage would accommodate
the space necessary for storage of tools and parking of vehicles. He contacted the abutting
neighbors who did not have a problem with his plans. Hartigh said he would like to construct a
deck/porch onto the front of the house for aesthetic value.
McCracken-Hunt inquired if a railing is necessary for the front stoop. There are 3 existing risers
and a step into the house.
Shaffer commented that the City has been allowing some unenclosed porches to be built. The
City has been receiving many requests for front porches.
McCracken-Hunt noted that the biggest change to the site would be the elimination of a portion
of the lilacs in order to access the proposed garage.
Lang commented that double front yard setbacks always pose a problem. He believed the
deck/porch would not cause any negative impacts along Quebec Avenue.
e
Swedberg said that the front yard setback and deck/porch do not cause a problem. Most
houses in the neighborhood were built by the same builder, around the same time. The
proposed plan is in conformance to the aesthetics in the neighborhood. The overhang adds
some architectural appeal to the front of the house.
Shaffer added that the proposed three-stall garage is not typically approved in Golden Valley.
In this case, the garage is set back from the front of the house. He does not see a problem with
the addition. Swedberg agreed that the request for the three-stall garage is unique in this case.
MOVED by Shaffer, seconded by McCracken-Hunt, and motion carried unanimously to approve
the requested variances as outline above. One condition was added that the detached garage
on the. property be demolished.
Request:
e Yard Setback
e
09-07 -1 0
1518 Valders Ave. N.
Vernon Berglund, Applicant
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Planning
763-593-8095 I 763-593-8109 (fax)
Date:
July 20,2009
From:
Golden Valley Board of Zoning Appeals
Joe Hogeboom, City Planner
1518 Valders Avenue North
Vernon Berglund, Applicant
To:
Subject:
Background
Vernon Berglund is the owner of the property located at 1518 Valders Avenue North. Mr.
Berglund is requesting variances from the Zoning Code for the construction of a second
garage stall with living space to the rear. The current one stall garage stall is inadequate in
size, and is considered to be a hardship by the applicant. The applicant is proposing to
construct the addition within five feet of the north side property line at its closest point.
No prior variances have been obtained for this property.
Variances
The proposal requires variances from the following sections of City Code:
. Section 11.21, Subd. 11(A)(3)(a) Side Yard Setback Requirements.
For this property, City Code requires a distance of 12.5 feet between a home/attached garage
and the north side yard property line. The applicant is requesting 7.5 feet off of the required
12.5 feet to a distance of 5 feet between the proposed addition and the north side yard
property line.
. Section 11.21, Subd. 11 (A)(3)(d) Articulation Requirements.
City Code requires that all walls longer than 32 feet be articulated. The applicant has stated a
desire to articulate the proposed addition; however, possible articulation configurations would
not meet City standards. Therefore, the applicant is requesting a waiver to the articulation
requirement, allowing a 35 foot wall to be built along the north side of the home without
articulation.
Recommended Action
Staff supports this proposal, and recommends approval of the variances as requested.
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance AQ~lication
-------------_._"------"~-----~---~--
1. Street address of prope y involved in this application:
2.
Applicant:
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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.
~Q.v"\
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.
~p
5. To the best of my knowledge the s atements 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.
~~
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 SUWll1 hivfe~
Comment
Signature ~ ~
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09-07 -11
7100 Madison Ave. W.
Richard Storlien, Applicant
17100 Madison Ave. w.1
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Planning
763-593-8095 I 763-593-8109 (fax)
Date:
July 20,2009
Golden Valley Board of Zoning Appeals
Joe Hogeboom, City Planner
7100 Madison Avenue West
Richard Storlien, Applicant
To:
From:
Subject:
Background
Richard Storlien represents the owner of the property located at 7100 Madison Avenue West.
7100 Madison Avenue West is located in the Industrial Zoning District. Mr. Storlien is
requesting variances from the Zoning Code to allow a parking lot to be constructed with three
less parking spaces than required. There is an existing gravel parking area on the site. Space
on the site is limited, and the construction of a parking lot that conforms to City Code is not
feasible on this site.
Variances were obtained in 1983 and again in 2002 which bring the existing structure into
,conformance with City.Code. Records pertaining to those variance rulings have been attached
to this report.
Variances
The proposal requires variances from the following sections of City Code:
. Section 11.70, Subd. 3 Minimum Number of Required Parking Spaces.
In the Industrial Zoning District, City Code requires 1 parking space per every 3,000 square
feet of gross floor area for warehouse and storage space. For this property, 36 parking spaces
are required. The applicant is requesting 3 parking spaces off the required 36 parking spaces
for a total of 33 parking spaces.
. Section 11.36, Subd. 6(C)(4) Side Yard Setback Landscaping Requirements.
A variance is needed to waive the landscaping requirement of 10 feet to allow a driveway to
access the parking area. The current driveway is located partially on the neighboring lot to the
west. (A driveway located entirely on 7100 Madison Avenue would not be feasible, due to the
proximity of the building to the east and west side yard property lines.)
The applicant is requesting a waiver of 10 feet off of the required 10 feet to a distance of 0 feet
of landscaping along the west side property line.
Recommended Action
Staff recommends approval of the above variances, provided that an easement is obtained
from the property owner 7140 Madison Avenue to allow for the driveway to legally exist on the
property. Staff recommends the easement be filed with the County and documented with the
City prior to the institution of the proposed variances.
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1. Street address of property involved in this application:
{too
~A.D l s.o r-J. AvE \N:ES-r-
2.
Applicant: R \ C H ~#2...1::) .c::f;fV P-Lt e:t-J
Name
/0[35 4,i! Av~
Address
p---ns A R. CJ11 'Tf:ZC r..s
pt,y.~OvrH MW S~2
City/State/Zip
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Business Phone Home Phone
rs-l-o ,.. , ( en @ COM cast. Vl et
EmailAddress
~t2"'.e1O -9628"
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.
ExPAJ-JDr~6 E:X.\GTING
:P AR'f-.\ tJG:, # V A~1 A.tJ C E
pt2-\ \/aJA'f 5-erS ACK.
P ~\(.t \J b Lcrr ..FQ2-... oW --S t rcr
P.e;Q\J~ST Fo~..?' C~ f-
ON (Alesi S IOF of B LDG
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.
~\ST\tJG. \?>V\l-Dr~b f_D~,J\J ew A-y LOCA110N c(l.B\WS
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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 ~ot taken within one year, the variance e~ ~
Signature of Applicant .
6. If the applicant is not the owner of all property involved in this application, please name the
owne;;~~;~ope~;~/~; ~
Print Name of owner ~~wner .
Variance Application Submittal:
The following information must be submitted by the application deaqline to make a complete
application. If an application is incomplete, it will nQt 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 eVldence,ifappropriate.
~ 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 cou~d have on your property. You will also be
receiving awritten notice informing you ofthe time and place of the variance meeting.
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CITY OF GOLDEN VALLEY
Board of Zoning Appeals
Notice of Final Order
Number:
83-5;"9
Date:
May 17, 1983
Pet it ioner:
Michael B. YierCe
Address:
1484~ 19th Avenue North
Plymouth, MN 55441
re.Z100 Madison Avenue \4.& 7105 Medicine
Lake Road
At a regular meeting of the Golden Valley Board of Zoning Appeals
held on May 10. 1983 your petition for a waiver
1.03. 7.05(3)c. 7.0S(3)d
of Section (s), Z.05(~)d. Z.O~(~)d. of the City Zoning Code was
acted upon.
Attached you will find an unofficial copy of the minutes of the Board.
Secretary
Board of Zoning Appeals
If waivers granted are not acted upon within ~ year from date of approval
in accordance with current statutes, the waivers have expired.
'*
.
Board otZoni ng Appeal s
Page 5
May 10, 1983
Lot 15, Block I, Golden Valley Estates
Hennepin County Minnesota.
WHEREAS, all pe' ons present were giv
heard, NOW THE FORE
BE ESOLVED, i the Bi fZoning Appeals for the
City of Gol fltJalley", hat following waiver of Section
3A.06( 3) is her~~~gra ,to-wit:
side setback r 5 feet oft the required
12.75 fee 0 a s of eight feet from
the so lot Hn to tti ,ck pas previously
pro ed, for the' property ed at 1296
le Court, Gol' n Valley. ,~.
The _ o~ for the adoption \f the foregoing. res~ was. seconded
by Herb achek and upon vote betitt9 taken thereon the follo~g voted in
favor . ereof: carried unanimously~and the following voted agaihst the same:
non. Whereupon said resolution was declared duly passed and adopted, signed
b the Chariman and his signature crttested by the Secretary.
83-5-9 (Map 14) Industrial
Lot 12 and those parts of 10 and 11 lying Northerly of the Westerly
E xtens i on of the North 1 i ne of Lot 9, A 11i n Block 1, Adve rt i sing
Creative Center and Lot 13, Block 1, Advertising Creative Center
7100 Madison Avenue West and
7105 Medicine Lake Road (the proposal includes the two properties
to be combined as one parcel)
Michael B. Pierce and Jerry Baskfield
The Petition is for waiver of Sections
1.03 (Lot of record) to provi de for two structures on
one parcel of 1 and,
and waiver of Section
7.05(3)c
rear setback for n05 Medi ci ne tak e Road Bldg.
for 9.8 feet off the required 20 feet setback
to a distance of 10.4 feet from the lot 11 neto the
the proposed addition to the rear of 7105 Medicine
Lake Road.
For waiver of Section
7.05(3}d
landscape for 40 feet off the requ1red50 feet
of landscape along the west lot line of 7105
Medicine Lake Road to a landscape area of 10
feet in width (50 feet required because it abuts
a residential zoning).
r
Board of Zoning Appeals
Page 6
May 10, 1983
7.05(31d
For waiver of Section
landscape for 10 feet off t~e required 10 feet
green area, at the north lot line of 7100
Madison Avenue to a green area of 0 feet as it
nowexi sts as blacktop pari< ing area.
For waiver of Section
landscape for 10 feet off the required 10 feet
of landscape along the west lot li neof 7100
Madi son Avenue to a landscape Area of 0 feet
as it now exists as black top driveway and
park ing area.
Total parking required for both sites is 99 spaces.
Total provided is 99 spaces.
The petition was in order. Consent had been obtained from adjacent properties
except for Lucille M. Gregerson, the adjacent property ownerabuttfng the. west
lot line of 7105 Medicine Lake Road. Ms. Gregerson resides at 7125 Medicine
Lake Road and her property is zoned residential. Ms. Gregerson was present
at themeeti ng.
7.05(31d
Mr. Michael B. Pierce, Otmer of 7105 Medicine Lake Road, was present and with
him was his architect, Mr. Charles Novak. Mr. Pierce exlained he had an
option to purchase 7100 Madison Avenue Building subject to approval of the
w ai vers proposed.
He described his present business, explained that it has been very successful
and that he needed the additional room that he has proposed to add to his
building at 7105 Medicine Lake Road. He said if he purchased the Madison
Avenue property,it would be used as an investment property. However, he
later explained it could be used in part for some tool room storage for his
own facility. For manufacturing processes and continuity, it was best to
house all production facilities in one building.
The architect described the two levels of the proposed addition to .therear
of the Medicine Lake Building. He also reviewed the drainage on both sites
and surrounding property and said if the waivers were approved, they would
correct the storm water drainage problems and clean up the sites.
Mahlon Swedberg expressed his concerns about eventually havi ng this lower level
garage door area bei ng used as a loadi ng dock with the Madison Avenue property
to the rear providing access for trucks to the door of the Medicine Lake Road
B ui 1 di ng.
Mr. Pierce said his intent would be a door approximately 8 feet by 8 feet and
probably use the area to store his boat. Mr. Pierce said he doesn't use or
need all the parking that he is required by ordina.nce to have.
r
Board of Zoning Appeals
Page 7
May 10, 1983
Glen Christiansen said the buildings have to stand on their own and that owners
and occupants change and the purpose of the Zoni n9 Code is to i nsu re they can
meet adequate parking, setbacks, etc. , no matter who is the owner or occupant.
Art Flannagan said it appears to him to be a proposed over-utilization of the
site and while it is desirable to see a successful business, it cannot be to
the detriment of the city and its codes.
Herb Polachek said his best description of what coul d. happen is the same
situation that occurred on Lilac Drive when Flower City took over a previous
church adoi ni stratton buil ding and created park ing problems because they had
different requirements.
Mahlon Swedberg sai d he feel stheproposal is not in the best interest of
Golden Valley and it goes beyond what is prudent development for both existing
sites and is contrary to the intent and good usage of the surrounding property
when the IlCreative Industrial Park" was platted.
Ms. Gregerson spoke and said the rentention of the required 50 feet of green
area adjacent to her house was essential to her. She said when the original
building was built she approved of it based on the requirement by the Board of
Zoning Appeal that the 50 feet of green be there as the code requires. She
noted she has had offers to sell her home as it is the only residential parcel
The Board noted what considerations constitute hardship.
Mike Sell described how he saw the two properties could be used and speculated
that the two owners coul dagree to cross over the Madi son Avenue property and
use a lower level of the Medicine Lake Road Building.
The proposed addition woul d require waivers, however, and no lower level could
be constructed wi thout Board of Zoni ng Appeal s approval.
Art Flannagan moved to deny the waivers as requested. Second by Glen Christiansen.
Mahlon Swedberg called for further discussion. There being no further conments,
Swedberg called the vote and it was unanimous to deny the waivers as requested.
The Board informed Mr. Pierce of the appeal process to the Ci1;y Council that is
available.
Mahlon Swedberg revtewed several administrative matters with the Board. . He
explained the informational materials he received from Mayor Thorsen and the
Board completed their responses so the forms may be forwarded to the Mayor.
There being no further business to come before the Board, it was upon motion,
second and vote to adjourn at 9:40 P.M.
Mahlon Swedberg, Chai rman
Lloyd G. Becker, Secretary
<fi~, < ,.'e/{;:
:!,o{~old>~nValle
,:," www.c<gOIden-va/lry.m.."'Y
City Hall
" ZllOOGolden Valley Road
GoldeilValleyiMN 55427-4588
763-593-8000
'\,;763-593-8109 (fax)
';7~593-3968' (TDD)
CITY OF GOLDEN VALLEY
Board of Zoning Appeals
Notice of Final Order
ie'"
,f'f.Aayor and Council
763-593-8006
'j"
August23,2002
, City Manager
, ,763-593-8002
Number:
02.. 7 41
" PUblic Safety
Police: 763-593-8079
',-,-,
. Ere: 763-593-8055
",763-593-8098 (fax)
Petitioner( s): AI Peters
Address:
7100 Madison Avenue W.
. , Public Works
. '763-593-8030
763-593-3988 (fax)
Golden Valley. MN 55427
.....'..
,~' '. mspections
. 763-593-8090
'763-593-3997 (fax)
At a regular meeting of the Golden Valley Board of Zoning Appeals
held on July 23, 2002 your petition for the following waivers of the City
Zoning Code were acted upon:
','-" ,
MotOr Vehicle Licensing
763-59,3-8101
· Section 11.36, Subd. 6(A) Front Yard Setbacks
· Section 11.36, Subd. 6(C)(3) Side Yard Setbacks
"'J;>lanning and Zoning
7~3-593-8095
" ,Finance
763- 593-80 13
Attached you will find an unofficial copy of the minutes of the Board.
Staff Liaison
Board of Zoning Appeals
Assessing
..,763"593-8020
Park and Recreation
2QO Brookview Parl.-way
Colden Valley. MN 55426- 1364
763-512-2345
763-512-2344 (fax)
76,3-593-3968 (TDD)
If waivers are not acted upon within one year from date of approval in
accordance with statutes, the waivers have expired.
f" ,
~ Minutes of the Board of Zoning Appeals Meeting
July 23, 2002
Page 12
MOVED by Sell, seconded by. era and motion carried. . ~ un ~oapprove the
following requests: ~.
/'"
feet istance of 16.8 feet for the proposed parking
nt yard property Une along Madison Avenue West.
feet to a distance of 10 teet for the proposed building at
its closest poi the so erty line.
e number of equired parking s spaces to 16
7100 Madison Avenue West (Map 14
AI Peters A Iicant
Request:
.36, Subd. 6(A) Front Yard Setback
uired 35 feet to a distance of 34.9 feet for the.
. gat its closest pointto the front yard property
tson Avenue West.
Purpose:
xisting building into conformance with front yard
uirements.
r from Section 11.36, Subd. 6(C)(3) Side Yard Setbacks
· 5 feet off the required 20 feet to a distance of 15 feet for the
existing building at its closest point to the east and west side
yard property lines.
· 15 feet off the required 20 feet to a distance of 5 feet for the
proposed dog kennel addition at its closest point to the east
side yard property Une.
Purpose: To bring the existing building into conformance with side yard
setback requirements and to allow for the construction of a
proposed dog kennel addition on the property. .
Olson stated that the applicant would like to move his business, Hearing and Service
Dogs of Minnesota, from Minneapolis to Golden Valley. He stated that most of the
variances being requested are for the existing building and that the applicant would like
to construct a dog kennel addition on the property. .
12
(
Minutes of the Board of Zoning Appeals Meeting
July 23, 2002
Page 13
Shaffer asked which one of the two drawings they received should be used.
McCracken-Hunt added that the measurement of the addition is shown different on the
two plans. Olson clarified where the addition is actually proposed to be and stated that
the roof of the addition is the main part of the proposal.that needs a variance. He
stated that the applicant could build a cement slab and a fence without requiring any
variances, but because the. applicant would like the roof to five fee e east property
line he needs a variance.
Olson asked if dogs i
settling in period,
the dogs are outSI
a time.
AI. Peters, Applicant gave some background information on
his dogs are trained for deaf or physically disabled peopl
charge. He stated that the dogs are always supervised
the structure outside for when they clean the inside of t
plans to the. Board and discussed what he is inten
nd stated that
n to them free of
d that they need
He showed his
Shaffer noted that the sketch the Board recei
high fence and a 14-foot roof. Peters stated t
changed the plans to have a 6:..foot hig
askediftherewouldstill be a five-foo
the structure to have a 10-foot
understood and has since
O-foot roof. McCracken-Hunt
g the east side of the building.
Shaffer stated he was concerne
property line with no screenin
going on they bark less. H
be an improvement to wh
g the dog fun SO close to the east side
explained that when the dogs can see what is
the neighbor to the east has said that it would
in to the training act up. Peters stated that there is a
t a humane society or a kennel. Olson asked how long
rs stated they are outside approximately 10 to 15 minutes at .
ny. dogs would be at the facility at one time. Peters stated that
Id have 12 dogs and that this new space would provide room to grow.
Olson state at the parking is not adequate on the paved area and that he would like
to add as a condition of approval that if it is ever determined that they would need more
parking they would have to add curb and gutter and pave the unpaved area. Peters
stated that only five of his employees would be driving to the facility.
.
Gary Gandrud, Fagre & Benson, 90 5th Street, Minneapolis. representing the
underlying owner of the building stated that he is not against Mr. Peters or Hearing and
Service Dogs of MN and that in the right place it would be a wonderful program. He
stated that there could be as many as 40 dogs there and that the variance being
requested is for a kennel. He asked what the ownership interest of the applicant is.
Olson stated that he did receive a letter from Gregory Wold, the owner of the property
13
(.
j Minutes of the Board of Zoning Appeals Meeting
July 23, 2002
Page 14
which the applicant is purchasing the property from, stating that he is aware of the
variance request and supportsit.
Gandrud stated that a letter from the owner isn't good enough and that the owner
needs to sign the variance request application. He asked what the proposed roof would
look like and what materials would be used. McCracken-Hunt explained that those
types of issues are not part of this board's jurisdiction, and that the Id be looked at
in the permit process. Olson explained that the City's variance plication is in
the process of being redone to allow for owner's signatures t
Gandrud stated that the Board has not discussed any un
basis for granting a variance. He stated that variances
intent of the zoning 'code. Shaffer stated that the Board
state what the hardships are for a particular prope
supporting their decisions
and that is the
the spirit arid
ways specifically
t they do make comments
Sell asked which owner <3andrud represents.
property is the estate of Fredda Bisma
made of undue hardships, the appli
tenants in the neighboring building
parking property line and that it .
stated that it is not the use oft
dr stated that the owner of the
at there hasn't been any case
pall of the green space and the
ve to look at 20 to 40 dogs right at the
'ng with the character of the nice area. He
g that is the hardship, it is the property.
Olson explained that it is
and fence with no roof w
disagreed with that i
about the findings t
the applicant is in
u ing official's interpretation is that S'cement slab
equire a building permit. Gandrud stated thathe
,and stated that the Board should ask the city attorney
ake and th~t these are valuable properties and that
osing to build a commercial kennel.
adjacent parking lot itnot adjacent to the lot line. Gandrud
at their building is setback the way it is suppose to be. He added
owns the property objects to this' proposal.
Peters ask Mr. Gandrud was representing one of the twelve different condominium
owners or the owner ofthe building. Gandrud stated that his client owns one of the
condominiums in the building.
McCracken-Hunt asked the applicant to clarify the maximum number of dogs that would
be on the ,site. He stated that they have neverhad more than ten and would never
have more than twenty. McCracken-Hunt asked ifthere is astandardofthe numberof
dogs allowed per square foot. Peters stated that there could be hundreds of dogs and
that the laws require thatthe dogs be able to stand up.
Smith stated that one thing the Board considers are the aesthetic issues of a vacant
building. He added that the Board has tried to preserve property in the City and that
14
. .
Minutes of the Board of Zoning Appeals Meeting
July 23, 2002
Page 15
there may not necessarily be an "undue hardship", but that part of the Board's charge is
to preserve buildings.
Shaffer stated he is concerned about undue hardships as well. He stated that there is .
probablyanothe( use for this property, but the intent is to protect neighborhoods. . He'
said that the Board is not bending any rules and that they are doing what they've been
doing for thirty years.
approve the
MOVED by Shaffer, seconded by Smith and motion carried u
following variance requests with the conditions listed below
.
.1 feet off the required 35 feet to a distance of 34.9
its closest point to the front yard property line along
5 feet off the required 20 feetto adistan
closest point to the east and west side y
isting building at
venue West.
.
he existing building. at its
lines;
· 15 feet off the required 20 feet to a
addition at its closest point to the
et for the proposed dog. kennel
d property line.
1)
pment Director determines.that additional
plicant shall pave and stripe the existing gravel area on
show this additional parking. Concrete curb and
or this parking area, as per City Code Section 11. 70,
omes a problem, the Director of Planning and Development
hat the area be screened.
3)
nnel structure must remain an open structure.
Request:
Purpose:
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