08-25-09 BZA Agenda
Board of Zoning Appeals
Regular Meeting
Tuesday, August 25, 2009
7pm
7800 Golden Valley Road
Council Chambers
I. Approval of Minutes - July 28, 2009
II. The Petitions are:
525 Radisson Road (09-08-12)
Greaory and Lee Anne Schaefer. ADDlicants
Request: Waiver from Section 11.21, Subd. 11 (A)(2) Rear Yard Setback
Requirements
. 11 ft. off the required 36 ft. to a distance of 25 ft. at its closest point
to the rear yard (east) property line.
Purpose: To allow for the construction of a deck.
316 Meadow Lane North (09-08-13)
Maaaie Bostrom/Leo Furcht. ADDlicants
Request: Waiver from Section 11.21, Subd. 11 (A)(3)(c) Side Yard Setback
Requirements
. 0 ft. off the required 8 ft. to a distance of 0 ft. at its closest point to
the side yard (south) property line.
Purpose: To bring the recently constructed deck into conformance with zoning
code requirements.
2500 Mendelssohn Avenue North (09-08-14)
Marvin Frieman. ADDlicant
Request: Waiver from Section 11.30, Subd. 11(6)(a) Front Yard Setback
Requirements
. 11.29 ft. off the required 35 ft. to a distance of 23.71 ft. at its closest
point to the front yard (west) property line along TH 169.
Purpose: To allow for the construction of an addition to the existing building
Request: Waiver from Section 11.30, Subd. 11 (6)(a) Front Yard Setback
Requirements
. 2.67 ft. off the required 35 ft. to a distance of 32.33 ft. at its closest
point to the front yard (south) property line along Mendelssohn Ave. N.
Purpose: To allow for the construction of an addition to the existing building
III. Other Business
IV. Adjournment
This document is availabl~ 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
July 28, 2009
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
July 28, 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 Pia g Commission
Representative McCarty. Also present were City Planner Joe Hogeb()om'and
Administrative Assistant Lisa Wittman.
II. The Petitions are:
I. Approval of Minutes - June 23, 2009
MOVED by Sell, seconded by Kisch and motion carried
23, 2009 minutes as submitted.
1221 Pennsylvania Avenue North (U9=07'-09)
David and Cindy Berg/Sicora Inc.. Applicants
Purpose:
ubd. 11 (A)(1) Front Yard Setback
Request: Waiver from S
Requiremen
35 ft. to a distance of 30.2 ft. at its closest
north) property line.
onstruction of an addition to the home and a new
ff!om Section 11.21, Subd. 11 (A)(2) Rear Yard Setback
ments
.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.
Hogeboom stated that the applicants are proposing to construct an addition to their
home and new two-stall garage. He stated that it is difficult for the applicants to meet
the setback requirements because this property is a corner lot and the west property
line is considered the rear property line rather than a side yard property line. He noted
that the neighboring property to the west (1228 Quebec Ave. N.) is located closer to
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 2
Plymouth Avenue than the applicants' home would be if they build the proposed new
addition and garage. He said he believes the applicant's meet the hardship
requirements and that staff is recommending approval of these variance requests.
Cindy Berg, Applicant, stated that they moved into this home in 1975 and have always
had dreams of expanding it. She stated that the house is too small and they have never
been able to keep both cars in the garage along with lawn and snow equipment and
other storage and they would rather not build an accessory structure. Sh y
want to "age in place" and stay in Golden Valley and all of the neighbor
about their proposal.
David Berg, Applicant, referred to an aerial photo of the area an
nearby homes are to the property line along Plymouth Ave. Heffi . thatthe r
home will be further away from Plymouth Ave. than these neigh~oringibom~s even after
their proposed addition is constructed.
McCarty asked about the size of t
20 ft. x 20 ft.
of theipf9perty and
ey could in order to stay
ized lot and the rear yard
lem because this lot is
Tom Sicora, Contractor for the Project, referred to.asurv
explained that they have condensed everything a uch a
within the setback requirements. He stated t 's an 0
setback requirement of 20% of the lot dep h
143 feet in depth.
cora said the existing garage is
Segelbaum asked how my~hcloser the proposed new garage would be to the west
property line compared tOitbe e' ng gar~ge. Kisch noted that the new garage would
be 7.7 ft. closer to th west p y line compared to the existing garage.
roposed new garage would be to the north
Sicora stated that the existing garage is parallel with
e new garage will be 14.67 ft. closer to Plymouth Ave. He
proposed addition, the home will be set back further from
eighboring properties.
McCarty askeclSic(])ra if he considered designs that would meet the setback
requir~ients. ora stated that they thought the west side of the property would be
conside e yard so now the proposed design isn't working. He said he knows the
neighboring. roperty owners received a variance so they thought this design would be
ok.
Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment,
Segelbaum closed the public hearing.
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 3
McCarty said he is having a difficult time seeing a hardship with this property. He noted
that the applicants already have a two-stall garage and that the proposed new garage is
noticeably bigger.
Nelson said she sees a hardship in the fact that this is a corner lot and the property line
along Plymouth Ave. is very long which is making the rear yard setback greater. She
added that if this wasn't a corner lot the applicant wouldn't need a variance. Kisch
agreed and added that the west side of this property acts and looks more 'de
yard than a rear yard. He said he thinks the construction of a shed in t d be
more imposing on the neighboring properties.
Nelson asked if this lot were smaller if they'd be
Hogeboom said yes and explained that the r~qr y
of the lot depth.
ifferent numbers.
figured by taking 20%
Sell said he thinks that when this home was originally built the
have been considered a side yard, not a rear yard for setbac
the west side of this property looks and acts more like a side y
added that he supports this request because the neigh . h
Plymouth Ave. than this one would be after the cons
McCarty said he thinks the applicantsqould meet the rear yard setback requirement
and would only need a variance from the front.yard setback requirement.
Segelbaum stated that the B
regard to front yard setba
visually. He stated that h
by granting the front ard va
closer to the front al I m
strict about following code requirements in
sure that houses line up with each other
.. Board would be compromising its principles
in this case because the neighboring properties are
ve. than this one would be.
Kisch said he teel~this!~r~posalmeets the intent of the zoning code and reiterated that
the west side of the p~rty feels more like a side yard than a rear yard.
€I'ed by Segelbaum and motion carried 4 to 1 to approve the
r 3.3 ft. off the required 28.7 ft. to a distance of 25.4 ft. at its closest
(west) property line to allow for the construction of an addition to
ew two-stall garage. McCarty voted no.
MOVED by Sel
variance reque
point to the re
the h and
MOVED seconded by Nelson and motion carried unanimously to approve the
variance request for 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 to allow for the construction of an addition to
the home and a new two-stall garage.
McCarty asked that the hardship be noted for the record. Sell stated that a similar
variance for the neighboring property was granted. Nelson stated that she thinks a
corner lot with two front yard setbacks is a hardship. Segelbaum stated that he sees
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 4
this request as a balance between having a hardship, having no negative impact to
surrounding properties and being a reasonable request.
1518 Valders Avenue North (09-07-10)
Vernon Beralund, Applicant
. 7.5 ft. off the required 12.5 ft. to a distance
point to the side yard (north) property line;
new
Request: Waiver from Section 11.21, Subd. 11 (A)(3)(a) Side Y
Requirements
Purpose: To allow for the construction of an addition to>~/;;\e
two-stall garage.
Request: Waiver from Section 11.21,
Requirements
. The wall of the addit'
length without
Purpose: To allow for th
two-stall
an addition to the home and a new
Hogeboom explained the s reqUest to construct a two-stall garage with living
space behind it. He ted that en the applicant's paperwork was submitted it showed
that the proposed g~ditio",;would be located a distance of 5 feet at its closest point
to the north property lim~, h~ the applicant has since stated that the garage/addition
will actually be IOQ~ dfeet ay from the north property line. He noted that the
applicant I . g a variance from the articulation requirements for the north
side of /addition. He stated that the neighboring property to the north
receive in past to do an addition along the property line in question. He
a d that orts these variance requests.
Segelbaym as~~d if there is a rule requiring a certain distance between homes.
Hogebodml?r;lid there is not a rule regarding distance between homes but City staff Jikes
there to be at least 10 feet of space between homes.
Kisch asked if eaves and overhangs are considered when looking at articulation
requirements. Hogeboom stated that staff considers the foundation when looking at
articulation. Kisch suggested that the intent of the articulation requirements be clarified.
McCarty said he thinks the intent is for the entire structure to articulate.
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 5
Beth Malmberg, Vujovich Design Build, explained that the two-stall garage and addition
behind it logically fits on the north side of the home. She referred to a plan of the proposed
addition and stated that the outside dimension of the proposed new garage is 21.5 feet.
She said they are willing to make changes to their proposal but articulating the foundation
of the north wall will bring the addition further into the setback area. She added that the
concept is to cantilever the space, not the foundation which she feels meets the intent of
the articulation requirements.
Kisch referred to an exterior door shown on the side of the garage and
be stairs leading from it. Malmberg said there will be a 3 ft. x 3 ft. st
Hogeboom stated that up to 25 square feet of stairs and landings
setback area.
Kisch asked to see the interior plans for proposed addition. M
the interior plans and discussed the proposed addition.rv19~~rty~~ke t the depth of
the proposed new garage. Malmberg said the depthgftbe ga~~gevvill be 4 feet. McCarty
asked about the size ofthe proposed addition. Malmberg~xplaiMedthat part of the new
addition is a mudroom and is approximately 9 ft. x12 ft. in si~e.
Sell discussed possible alternatives for theloca
ice door in the garage.
Kisch showed the applicants a sketch,~ndQg . be proposed addition was
"stepped in" slightly they would m the\art 'on re uirements. Malmberg stated that
they have worked hard to make the~ppli s will get the space they need to make
proposed addition function pr oted t . t the back line of the house is not
changing.
sed garage addition would be 6'2" away from the
ay from the property line in the back because the
erty line. Sell suggested changing the variance
.5 ft. to a distance of 5.5 ft. at its closest point to the side
Malmberg explained that th
property line in the f d
house isn't exactly pa
request to 7 ft.
yard (north) prop
hcants what they consider the hardship to be. Vernon (Chip)
B~~~lund, (pi ~~, stated that the hardships are that there is currently a single-stall
garage and that it is>important to him not to infringe further on the neighbor to the north.
He added th doesn't want there to be a "tunnel" between the two houses. He added
that the ally tried to expand the use of the house without expanding the footprint.
Segelbaum asked the applicant if he intends to do any landscaping on the north side of
the home after the addition is built. Berglund said yes.
Segelbaum asked the applicant if he has any safety concerns about having only 5.7 feet
of space on the north side of the house. Sell noted that there is 20 feet of space on the
south side of the house which is more than enough room for emergency vehicles.
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 6
Segelbaum opened the public hearing. Seeing and hearing no one wishing to speak,
Segelbaum closed the public hearing.
McCarty said he is in support of this proposal. He thinks the plans are nicely done and a
one-stall garage is a hardship.
Kisch said he is in favor of granting the variance request for the side yard, but he can see
other ways of building the proposed addition that would not require a vari the
articulation requirements. Nelson agreed. Segelbaum said he agrees t ingle
stall garage is a hardship and that the proposed addition behind the r
reasonable. He added that the articulation being proposed, even gh n
isn't articulating seems to be meeting the intent of the code.
MOVED by Sell, seconded by McCarty and motion carried unanimous'~i.to~pprove the
variance request for 7 ft. off the required 12.5 ft. to a dist~~.g~ of5.5 ft. a.~!ts closest
point to the side yard (north) property line to allow cOfls.tr n of an addition to
the home and a new two-stall garage.
MOVED by McCarty, seconded by Sell and
request to allow the wall of the addition al
without articulating to allow for the const
stall garage. Kisch voted no.
1 to approve the variance
y line will be 35 ft. in length
to the home and a new two-
7100 Madison Aven~~'v:\fest(J)$J...07-11)
Richard Storlien, Amplicaut
Request:
tion 11.70, Subd. 3 Minimum Number of
9 Spaces
ces off the required 36 parking spaces for a total of
ing spaces
for the construction of a new parking lot.
Waiver from Section 11.36, Subd. 6(C)(4) Yard Requirements
. 10ft. off the required 10ft. to a distance of 0 ft. of landscaping
along the west side yard property line
Purpose: To bring the existing driveway on the property into conformance with City
Code requirements.
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 7
Hogeboom stated that this is an industrial property and the applicant is proposing to
construct a parking lot to the rear of the existing building with 3 fewer spaces than
required. He explained that the applicant is also requesting a variance from the
landscaping requirements in order to bring the existing driveway into conformance with
zoning code requirements.
Hogeboom explained that 3 feet of the existing driveway is located on the n;i~~boring
property to the west. He stated that the City Attorney has recommended tpatthe?re? be a
condition placed on the approval of the variance regarding the yard reqUirementstpat
requires the applicant to prove to the City that an easement exists forthep?rt of the
existing driveway that is located on the neighboring property. He ?dded thatthe BOaIrd
cannot grant a variance allowing anything to be constructed on Ise erty
and if the variance is approved, the Board would only be appr rive 0 be
located 0 feet to the property line without any landscaping. He IS in
support of the requested variances because the fire co uir ay to be 20
feet in width which would be difficult on this lot.
Kisch asked if there are setback requirements for
district. Hogeboom said no. Kisch asked if there? a impervidl..ls surface requirements in
the Industrial zoning district and noted thatcurre~tIY$RP~~~i~ately 70% of the property is
impervious surface. Hogeboom stated there are no impervIous surface requirements in the
Industrial zoning district but there are Jot coveragere~'yirements. He added that those
issues will be dealt with when the?,pplic~rlt 'es for a grading, drainage and erosion
control permit.
Segelbaum asked why th
the neighboring property
owner wants to do an impr.
issue with him at th .
't have to address the same driveway issue with
explained that if the neighboring property
nts to his property the City would address the driveway
.'1 is being utilized. Rick Storlien, RDS Architects, stated that
t d in the early 1970s and is currently being used as office
tl;le~fea behind the building has a parking area that has never been
they now want to pave. He stated that the hardship for this
he location of the building on the lot. It was placed directly in the
'yo He referred to the survey of the property and noted that it states
ent for the driveway and he has his surveyor researching to find out if
as ever filed with Hennepin Count'tj.
Sell asked if the driveway in question is a shared driveway. Storlien said no.
Nelson asked what will happen if there is not an easement agreement filed at the County
for the driveway. Storlien said the easement issue will be taken care of properly.
Segelbaum asked Storlien why he needs to have three fewer parking spaces than
required. Storlien stated that if the lot were 20 feet wider he wouldn't need a variance. He
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 8
stated that he designed the parking so as to maintain all of the other setbacks which
leaves him three spaces short.
Sell asked how many people use the parking lot. Storlien said there are about 30 people
who park on the property. Segelbaum asked if there will be cars parked along the side of
the building. Storlien said no.
Segelbaum opened the public heating.
he
Rod Ogrezovich, 7140 Madison Avenue West, stated that when he
knew part of the neighboring driveway was on his lot, but he is no
easements on the property. He said he is supportive of the appl
like the driveway issue to be resolved and would like the drive,?
on the applicant's property.
Hogeboom explained that granting the variance requestedforrthe drivewcJY would only be
allowing the driveway to go right to the property line, hot over the property line onto the
neighboring property. He added that if an easement does e t it is between the two
property owners and not the City.
licant removed the three feet
e willing to remove the three feet
oul eave them with a 15-foot wide
.20-foot wide driveway.
Nelson asked if the driveway would be
from the neighboring property. Storli
of driveway on the neighboring pr
driveway and the Fire Departme
McCarty asked Ogrezovichifhei~ppet'l.to obtaining an easement if one doesn't already
exist. Ogrezovich said hef:l~.sn't sued/it yet and he does not know the ramifications of
an easement on his ropertY(.ll.t point.
Seeing and hearing n
hearing.
wi~hing to comment, Segelbaum closed the public
Sell questi
building wa
building pe
uirements or setback requirements have changed since this
because when this building was constructed it received a
City allowed the building to be built the way it was.
Segel.. um tioned if the Board has the authority to add a condition regarding the
easem a ork since it is an issue between the property owners and not the City.
Hogeboom a ded that if the applicant ever wants to re-pave or maintain the driveway the
City would need both property owners approval. Kisch said he would support granting the
variance with the condition that the applicant must show the City proof of the easement.
McCarty said he is also in favor of granting the variance requests but he doesn't think the
City needs proof of the easement agreement because it is an issue between the two
property owners, not the City. Sell questioned if the City would require proof of the
easement agreement at the time when the grading permit is issued.
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 9
McCarty referred to the request for three fewer parking spaces and said he thinks cities
require too much parking so he is in favor of granting the variance especially since there is
on street parking available. Kisch said he is also in favor of less parking and less
pavement. Ogrezovich said the on street parking in this area is bad because they often
have 53-foot long trailers that need to turn.
MOVED by Kisch, seconded by McCarty and motion carried unanimously to the
following variance requests:
. 10ft. off the required 10ft. to a distance of 0 ft. of lands
yard property line to bring the existing driveway into confo
applies for the distance of the existing driveway an
the building as shown on the plans submitted.
. 3 parking spaces off the required 36 parking spaces for a total
spaces to allow for the construction of a new parking lot.
III. Other Business
No other business was discussed.
IV. Adjournment
The meeting was adjourn
09-08-12
525 Radisson Road
Gregory & lee Anne Schaefer, Applicants
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
August 20,2009
Golden Valley Board of Zoning Appeals
Joe Hogeboom, City Planner
525 Radisson Road
Gregory and Lee Anne Schaefer, Applicants
To:
From:
Subject:
Background
Gregory and Lee Anne Schaefer are the owners of the property located at 525 Radisson Road.
Mr. and Ms. Schaefer are requesting a variance from the Zoning Code for the construction of a
deck. The proposed deck would be constructed within the rear yard setback area.
Mr. and Ms. Schaefer's rear yard is significantly shorter in length than the front yard, greatly
reducing the buildable area for an attached deck. According to the applicants, a larger deck is
needed to replace the existing deck and provide usable space in the rearyard.
No prior variances have been obtained for this property.
Variances
The proposal requires a variance from the following section of City Code:
. Section 11.21, Subd. 11(A)(2) Rear Yard Setback Requirements.
For this property, City Code requires a distance of 36 feet between a home/attached deck and
the rear yard property line. The applicant is requesting 11 feet off of the required 36 feet to a
distance of 25 feet between the proposed deck and the rear yard property line.
Recommended Action
Staff recognizes the hardship created by the home's unusual placement on the lot, and
recommends approval of the variance as requested by the applicant.
S601
I
LAUlUlt AVE
I
5501
~I
101
GOLDEN HILLS DR
M~ f'::;'~'<'P{M N''..i\'l.$: C(t))'nifli tCf ~OGiSGtS A05
$SOIl
$SOIl
9 15 17 5317 5
5
30
25 40
4 100
101 104
109 108
109 112
117 116 --4
111 200 ~.
201 200 115
201 208
209 208 --l
C
:lI! 209
315 216 ! 220 221
ill 301
319 3lIll i'5
327
S111
40Il
500 .508 516
W 614 filS
611 621
5310 S300 S230 5220
5411 5301 5231 5221
~1,1
&8
EEB
5311
c
.:lc54\.
O/;1x ItthJ WtUV httdt ilr aryl has ~w~
I-e:e-,ls .bectU1~ of wtder -tfJar wz;uJcL.h1lh
veivtu 1Jtu /10ufe- . h pn)p{)~d M rtpIACt<V
ct,~ rfltlv) rn~ ) ~J ?Luk. W { IfJ7)uP ~
/;t~ 10 IvtLht\ tf-tt, dkk Dzd fL)Dal-ds ~
rLt?t y 1lJ1/< v '1 an d . '6D --fa;t rJ1L fzp bu---t
~ liL be- lJ~lli qxiU . J11b W01 f11t; ItU7L
IS r:jhJ heW J thu g1~ is fro harSh -ft;-v-
tlhj6v(0 fD 5it-J~){J'r IJ~ /hL ItZhcL tfft7j1.
{L rrai.Ji;riJ.,h M C0 -1fLu 2 Lf I X UP' {iuk.- /AJPv<1c?L_1J"rfrD YG
nM lY1 ~ 1B1v ~ ~ ow- btdz- ytn( kitt rJJbsr; ~ -
~tCh YVlQ'rG (Mt(bLL- 6fACL ifv- 6l-tr W86 titrJ-.t-e.
1hi( ,
:.s \.0vJ-7
~ v t?N'thC
~~
f.Jf-trJrt cL S .
1-'{hiS lk:w~ t:lhu SWf $ \ Df0 t;hcct:
yY\~ tj1.v b~LtbArJ--, {ol) ~S
10 ~ ltvW~ fA ~c1/fULv(P ~
-rho
1~S,hovO
'~l( tfv n-eM)
~ ~ rf Cfflh-G CJL;<:K
tDWC{N cL -rAv \oV\ck- .ut0~^c1- .
--
"""" "'rn:~A,"""IAIRESrDE'lmA' CODE. APPROVED SET OF DRAWINUl) lUl'l: UN JUtl
"^,,.J 1111 Ull."IIVlV'IL. 1111t\L SITE AT ALL TIMES. BEST ROY PREVIOUS
OUTDATED SETS.
,,;-,.
........
"-.
I:lUILUING OI'HCIAL REVIEW AND
AUTHORIZATION REQUIRED PRIOR TO
CHANGES, MODIFICATIONS OR ALTERATIONS.
lV'[) -;It ~ ::()'~:;./ .;-,.....(.
Je:/ "Z''''':' -:-:;;r::'f, .!-i":':.,<i";::.::'~'~ ./' 'f.. . 7,3.'; ii.("
rt!-. LEDGERSHALLBEPITACHED\'VmfMINl -I I - .::",o;~\~
1fl" U\G SCRE'NS WITH WASHERS. AT if I I I
p.~:--.- - a.c. STAGGERED. OTHER SCREWS: i. .,' !i'
;1 .,. 0 SHAll BE APPROVED BY THE CITY' ! L<r-._--~g:
:1;1 7.:~"'l1.('-':'.: 'r.' ;1 B.E~~INSTAllATlON. ;.; I .. .. . '/ ~/ _L_
:'~"I':'~'~.!l"!:;" / .
., ., b;> fto1\l-1<" llf ,
,.:~~fom; It,..,,,,^ '" 19~~ ~ iit;,""
\ 1"0<: 7'A}{.t.~;) .~ ..
r\..
,'10
l.i'C"/. . .
oj.o,
J- \0
:;" -- .? \' :{J
7-;:(!;./::r:"7- )
!..
WOOD EXPOSEd-m GROUND. WEATHER
OR LOCATED O~J CONCRETE SHALL BE
OF NATURAL RESISTANCE TO DECAY OR
TREATED.
Ii
I
~\ ~ -eM.'.!;,.l< 11:.". . 7~
~ ....:. "... '" -.., . 0-. '~l'
~.-. _.'.- ~ 'i'~';t$~~<:-.. _ __.
::.' - lk)=~~-
:;i.::.[."
I
.I
\\
i':
&,//1..
, ,
.',/ .'
7. 'i'
/.'
I
J
3\1
t."t'l'c'I~"
. .... .. .. ~ .
'" .' - ,
REVlEWf:D FOR
COrE COMPLIANCE
:t 7o/()9 (,e:J
I
.'.. . ., '," . .
. ,',' .
-. ....,. .'
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1. Street address of property involved in this application:
5"~ 1Z~'s.s.v~ (2.J..., G..I~ V~'t. J IV\N ~4/"
2. Applicant: G~ ~ Lu-A-n~ ..s~
Name <J -...)
~2..$ ~'ssor- f2-tJ~
I
Add ress
G,,,/tk-y~~ I
MN ~/l::,
City/State/Zip
7(,3-300 -32-0~
Cell Phone
Business Phone
7(, 3~S-IZ -01bt>
Home Phone
I-NSc-HAeFetL- e- J~lJo. (...() ~
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.
2{'){ IU'~(L/~ tUd-.
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.
DIAL to ~ 97~ o-PO-Ur' M Uhz tIn) 1Jtb eiellaitrYJ .
~ Vltr 1t1f1;).J lV'U tAVU. /An~-tu tt4 It re~~ tUdlthLL
Wn~ td: htlrK. ;/' k~M.Ll
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:
!~An~~ 'tW
Print Name of owner
jillffunl M~.
Signature of own'1r
Variance Application Submittal:
The following information must be submitted by the application deadline to make a complete
application. If an application is incomplete, it will not be accepted:
Completed application form, including signatures of surrounding property owners.
A current or usable survey of the property must be attached. See the handout on survey
requirements.
A brief statement of the hardship which provide grounds for the granting of this variance (see
Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs, or
other evidence, if appropriate.
You may submit detailed description of building(s), addition(s), and alteration(s) involved in this
project. The site plans and drawings submitted with this application will be the basis of any
variance that may be approved and cannot be changed before or after the building permit is
issued.
Variance application fee, as follows: $125 - single family residential; $225 - other
Signatures of Surrounding Property Owners
Note to the variance applicant:
As part of the variance application process, you will need to attempt to obtain the signatures of all
surrounding property owners. This includes all properties abutting the applicant's property and directly
across the street. If on a corner, this means across both streets.
To obtain these signatures, you will need to personally visit each of these property owners, tell them
about your project (we encourage you to bring along a copy of your building plans) and have them
sign the area, below. The signature is meant only to verify that you have told them about your
project and gives them opportunity to comment.
If you have attempted to contact a property owner on two separate occasions and not found them at
home, you may simply write something to the effect "made two attempts, owner not home" and then
write their address. City staff will also send a written notice informing these property owners of the
time and place of the 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 1) A\J/l0 LE M
Comment
~~k
Address S"b ~ WiSt:>>oY\ 1Qj.
Signature
Print Name S 0 1'\ Z 8.-
F0y+)e\-
Comment
Signature ~~, r~";"l Address t.t <1 8' ~ 'r#\..f" K"<- Rd.
Print Name -:r b~h ~ Co'LeL ~tf\Y\ r ~ CU7~ M ~AY U:l b;1) ~ {),.
Comment A lN~ (~W-~ ~hft\C.- fJ.t\L- rr.b.J.<i) ~ ''OIL'
Signature Address C;o l etJd;(~ (LL
Print Name
Comment
Signature
Address
Print Name
Comment
Signature
Address
Print Name
Comment
Signature
Address
Print Name
Comment
Signature
Address
GX~~<,
1: "'-...;:;,
I "'~
,<,0 ",~,':.,
V)
50
!:J~
xG
f/,yoUS
~~,
.~~""
G:".,."
";~
'Ji ""'::'"
~)' "~V
G "<',
"' 0' "
.S:; "
' '"
"
" -- -
---=--=------=-=--l" >- - ~
BENCHMARK I;~ _ ~
OF NAIL:i "
= 109:...0.9, ,jJ "
>perty Monument
~ty Monument
~. No. 23677)
Curb
Electric
~'"
')~
50'
"G '?
o
XG
r.oc:,
-
'~"
(fl' """
"'
"
"
"
"
"
"
~
"
....-
X-"
~ r- FOUND IRON ____
" --------
" --------
--------
r.o
()" .
X
~)
'--) ~^'\
/ J~
/<. J/ t>
/ ~~'
~ /
V .,-)
(J
'\-~
x'V
r.o
\)"' '
K
'\ '.b
x~
t
" ~\
"
500
xG
^
r- ....
.... ...J
y'
.'0
o<;:')~X:~'
)~
. t>
<Y'
X-
~"\
~.
"
~\!')"
~.-
II\'
~/
?
~~/ ",-- ~
/ {.; :p,,- ,,'
~~~ /~/~(-, ~.....
7\.... Y \Uf <0' ^,,,,
"'-- STEEL GRATE *" <' 1
'/ /
v~
50'
x'5
~'"
~.
"
-\"\
/'-"
,-
'I. .
X: 0" \. ; ')
X102,8
"
( ~~~.
'---../K
').
\)"' .
X:
-7
L-
~)
<:>
\)().
X
m
N
o
X
to<
"'.
xc:'
I
66.5 \)
/ . 0'0'
. " - - ',,,, X
'l.L.# . <) ,
110.7 o~,~ \ '"
~~''':> \ '"
,
,
FOUND IRON \
POINT OF BEGINNING - ~
Xl O~ MOST EASTERLY CORNER OF LOT 13
Xl 06,6 x,o.
~<9
"
"
".>
()" .
X: ~
~...
yO
,r- FOUND IRON
I
I
!\-':"
X\)
~
(
'......) \
(
.......; \
(, \'"\
50/
xG
".>
()".
X:
"
" 1-
0.J} l')()
l, '^)-1 ")
C
~
0:>"" "~
"" "'\
'\ ,
~.9
'(Y
"
- () '"
\X-()() , ~""
\
\ ')
~~'
"
^
r- ....
.... ..J
v'
5DJ'{.
-
\It :;.ml
"
~
0~ ~
X" "~%,
"
x
"
>Yo
~s
"
'"
09-08-13
316 Meadow Lane North
Maggie Bostrom & Leo Furcht, Applicants
Planning
763-593-8095 I 763-593-8109 (fax)
From:
August 20,2009
Golden Valley Board of Zoning Appeals
Joe Hogeboom, City Planner
Date:
To:
Through:
Subject:
Mark Grimes, Director of Planning and Development
316 Meadow Lane North
Maggie Bostrom and Leo Furcht, Applicants
Background
Maggie Bostrom and Leo Furcht are the owners of the property located at 316 Meadow Lane
North. Ms. Bostrom and Mr. Furcht are requesting a variance from the Zoning Code to bring
the existing deck on the south side of the home into conformance. The deck was constructed
earlier this year, and did not receive City authorization prior to construction. The deck is within
0.1 feet of the side property line.
Ms. Bostrom has stated that a hardship exists due to her inability to access her home or her
back yard, and this deck provides the access that is needed. (The applicant has submitted
letter to the Board, dated August 4,2009 in which she explains her perceived hardship.) Ms.
Bostrom has informed staff that she was unaware of any city regulation concerning the location
of the deck.
No prior variances have been obtained for this property.
Variances
The proposal requires a variance from the following section of City Code:
. Section 11.21, Subd. 11(A)(3)(c) Side Yard Setback Requirements.
For this property, City Code requires a distance of 8 feet between a home/attached deck and
the south side yard property line. The applicant is requesting 7.9 feet off of the required 8 feet
to a distance of 0.1 feet between the existing deck and the south side yard property line.
Recommended Action
Staff has concerns over the proximity of the deck to the property to the south, and therefore
recommends denial of this variance. If denied, the City would issue an order for the deck to be
removed.
~;I
~
4213 4Z05
4212
4215
4135 4127 4121
4200
4124
BEVI!RLY AVI!
4205 4127 4121 4117
4212
~
4200 4124
POPLAR DR
4125
215
M.tij:l Ctw&xj 'Nitl N'CNS., c~.<~ ~C~ l~G~~
5D8
SOIl
4113
4116 4108
4113
4112 4108
501
24S
221
219
449
401
315
303
J
1316 Meadow Lane N. I
1300 II 3910 J
WOODSTOCK AVI!
425
4Z8
420
411
408
405
416
401
400
~
:z 324
~
is
I 320
!it
316
325
404
:III:
:5
I
:i
:t
321
400
317
320
311
312
4016
303
240
220
G
425
421
417
401
325
321
3901
212
I
I
I
I
I
I
I
I
I
I
I
/60
~
~
~
~
~
~
~
~
60
<J.
.1f--
I
~
C)
.!OC)
"')C)
~<:)
C)'I:I-
C)
<:
\
'....
"-
~
~
CIl
:tJ
l/)
Ll
Le(jal Descriotion (suoolied bv client>
Lot 201, GLEN WOOD, according to the recorded plat
thereof, Hennepin County, Minnesota. Subject to any
and all easements of record.
Parcel Address:
316 Meadow Lane N.
Golden Valley, MN
tiQk As-built only shows parts of deck & retaining
wall near south line of Lot 201 as of 8-11-09.
SCHOBORG
IAf1JD SERVICES
INC.
763-972-3221
www.5choborgLand.ccm
8997 Co. Rd 13 SE
Delano. UN 55328
As-BuILT SURVEY
Prepared for: Margaret Bostrom
....,...., ...,
/' I ,.
~- ~""-'-
S88034'31"E 126.64 (c.)
- 50.8 -
BituminoUS Driveway
14 I
I
I
\ r-
~ I
C)~
c)' I
<:)-
'l:l-t'l
g I
<:
l I
_.-, ~ +-
~I
~ I
127.13 (p.)
<5'0
~ ..
"(5) ",/- .~ "'o~>;,,- I I ." .
\ ./' ",- _ Retaining Wall IS 0.2 north of Ime
II(--Deck carner is 0.1' narth of line
S88034'3,l"Ej126.90 (C.) 127.11 (p.)
Retaining wall is 0.2---
south af line
- 35.7 -
...,...., A
/1' I
,,_ ,... I
~~
0".
I <:J J
Deck comer is 0.2' --___/
south of line
..., ...,....,
,., II I
,,- ..... ,...
14
Le(jend
. Found Iron Monument
o Set Iron Monument (LS 14700)
(c.) Computed Distance
(p.) Plat Distance
x 000.0 Existing Elevation
SCALE
20 0 10 20 40
r-.-"'- 'I I
1 inch =' 20 feet
Bearings based on assumed datum.
08-11-09
line (8-11-09)
August 4, 2009
City of Golden Valley
Board of Zoriing Appeals
7800 Golden Valley Rd.
Golden Valley, MN 55427
Dear Members of the Board of Zoning Appeals,
On July 22, 2009, I received a letter from Mr. Hogeboom regarding a deck that
was recently built between the south side of my home and the property line. My home is
located at 316 Meadow Lane North in Golden Valley. Mr. Hogeboom's letter states that
my deck violates Section 11.21, Subdivision II(A)(3)(c) of the City Code, which
provides:
In the case of lots having a width of sixty-five (65) feet or
less, the side setbacks for structures fifteen (15) feet or less
in height along the north or west side shall be ten percent
(10%) of the lot width and along the south or east side
shall be twenty oercent (20%) of the lot width (uo to
twelve and one-half (12.5) feet).
A survey drawing of my lot, which I obtained in April of 2008, is enclosed for
your review. See Exhibit A. The deck at issue is located between my house and the
property line on the south side. As indicated on the survey, the set back of the house on
this side ranges from 6.5 feet in the front of the house to 7.1 feet in the back.
A door on the south side of the house provides access to and egress from the
kitchen. This side door is used as much or more than any other point of entry. Before the
deck was built, this side door was accessible from a concrete stoop that was showing
obvious signs of aging. See Exhibit B. Instead of repairing or removing the stoop, the
deck was built over the top of it. There is little traffic along the north side of my house
because there is no door on that side. Additionally, my neighbor recently constructed a
chain link fence along the north property line, which is approximately 4.8 feet from my
house. My perennial garden is planted between my neighbor's new fence and the house.
The grade on my lot slopes from the front/west to the back/east. See Exhibit C
(taken from the back yard). For many years, a wooden retaining wall along the south
property line held this slope from eroding into my neighbor's yard. Because the retaining
wall was rotting and infested with red ants, I removed it in conjunction with the deck
project. See Exhibit D. The rotting railroad ties were replaced with a retaining wall
made of block. See Exhibit E.
Photographs ofthe deck as it now stands are attached as Exhibits F (taken from
front/west), G (taken from side/south), and H (taken from back/east). As shown in these
photos, the deck now provides a safer path of travel between the front yard, the back
yard, and the south side door. With so much traffic along this side of the house, and
given the aging stoop and deteriorating retaining wall, I believe the investment was
necessary .
I received Mr. Hogeboom's letter just over one week ago. Unfortunately, the
contractor did not prepare a scale drawing of the deck. Although I have not had time to
prepare a scale drawing before submitting this application, I am in the process of having
an as-built survey prepared and will submit it to the Board as soon as possible. What
follows is a basic description of the deck:
· Deck surface is comprised of two platforms (6.5 x 16.3 feet and 6.5 x 10.4
feet) that are separated by one step. See Exhibit I.
· Deck is not tied into the house. See Exhibit J.
· Deck is supported on the south property line by pressure treated lumber set
on five concrete footings, each of which was poured four feet deep.
· Deck is supported near the house by six concrete cylinders of varying
height; these cylinders rest on the pre-existing concrete stoop, and each is
eight-inches in diameter. See Exhibit K.
· Deck is accessible from the front/west by 2 steps and from the back/east
by 9 steps.
· Distance from deck surface to top of deck railing = 36 inches.
· Distance from deck surface to ground ranges from 21 - 54 inches.
Mr. Hogeboom's letter states that in order to comply with the set back
requirement, the deck may be located no more than 8 feet (20% of the 40 foot lot width)
from the south side property line. I did not request a variance from the Board before
building the deck because I was unaware of this requirement. I sincerely apologize for
the oversight.
I also did not apply for a building permit in conjunction with the deck project
because, based on my conversations with a city building inspector, I was under the
impression that a deck built according to the specifications above would not require a
permit. If my understanding is incorrect and the Board approves this application for a
variance, I will apply for a building permit and take reasonable steps the Board deems
necessary and appropriate to address the building code requirements.
I am submitting this application after-the- fact and am asking the Board to issue a
a zoning code variance. I fully recognize that I should have submitted this application in
advance and am willing to pay the consequences for my mistake. However, I respectfully
request that the Board allow me to maintain the deck as it was constructed.
The City Code and state law allow variances to be granted if strict enforcement of
the code would cause undue hardship because of circumstances unique to the individual
2
property. Golden Valley Ord. ~ 11.90, Subdivision 4(B)(2). I believe my request meets
that standard for a number of reasons.
First, my lot is unique, and strict enforcement of the applicable 8 foot set-back
requirement for my south-side yard would result in an undue hardship to me. Because of
the long and narrow shape of my lot and the footprint of the existing home, there is only
6.5 to 7.1 feet of space between my house and the south side property line. There is even
less space on the north side property line. In other words, the house itself was built in
violation of the existing set back, and any structure located on the south side of the house
would necessarily be within the set back.
Second, the narrow space between the south side of my house and the property
line is compounded by a significant downhill slope from front to back. Before the deck
was built, a path along this slope was marked by stones that often were covered with
snow, ice, or mud. Navigating the slope proved to be treacherous, if not impossible, for
several months of the year. During those months, I could safely access my back yard
only through the garage door, losing significant amounts of heat in the process.
The deck now provides a safe flow of travel between the front yard, the back
yard, and the south side door. As noted above, the south side of my house is a high
traffic area, and the door providing access to the kitchen is used as much or more than
any other door in the house. The deck now provides more room and a safer approach to
the door. It also provides a new and safer way of accessing the back yard. For these
reasons, and given the unique shape of the lot, the deck is a reasonable use of the small
and sloping side-yard.
Third, the deck was built in way that is intended to respect the character of the
neighborhood. With the exception of one particular neighbor with whom I have had
various property related disputes over the years, my neighbors and guests have been
extremely complimentary of the deck and the new, useable space it provides. I have
communicated with the neighbor who is most affected by the deck - i.e., my neighbor
on the south side. She does not want to be put in the middle of this dispute, and she
agrees that the deck is an improvement.
Finally, granting a variance in this case would be in keeping with the spirit and
intent of the City's zoning laws, and it will not substantially change the character of
Golden Valley or the neighborhood. As shown by the signatures attached to my
application for a variance, the deck is generally supported by my neighbors, many of
whom have already commented on what a significant improvement it is.
3
City of Golden Vaney
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1. Street address of property involved in this application:
316 Meadow Lane NQrth
2. Applicant: Maggie Bostrom I Leo Furcht
Name
316 Meadow Lane North
Address
Golden Valley. MN 55422
City/State/Zip
Business Phone
(763) 208-2833
Home Phone
(612) 251-6565
Cell Phone
masnoliab22@hotmail.com
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.
See attached.
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.
See attached.
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 expi
6. If the applicant is not the owner of all property involved in this application, please name the
owner of this property:
Maggie Bostrom
Print Name of owner
Variance Application Submittal:
The following information must be submitted by the application deadline to make a complete
application. If an application is incomplete, it will not be accepted:
Completed application form, including signatures of surrounding property owners.
A current or usable survey of the property must be attached. See the handout on survey
requirements.
A brief statement of the hardship which provide grounds for the granting of this variance (see
Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs, or
other evidence, if appropriate.
You may submit detailed description of building(s), addition(s), and alteration(s) involved in this
project. The site plans and drawings submitted with this application will be the basis of any
variance that may be approved and cannot be changed before or after the building permit is
issued.
Variance application fee, as follows: $125 - single family residential; $225 - other
Signatures of Surrounding Property Owners
Note to the variance applicant:
As part of the variance application process, you will need to attempt to obtain the signatures of all
surrounding property owners. This includes all properties abutting the applicant's property and directly
across the street. If on a comer, 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.
Comment
Signature
Signature
Print Name
Comment
Signature Address
Print Name
Comment
Signature Address
Print Name
Comment
Signature Address
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.
Signature
,
Print Name
Comment
Print' Name
Comment
Signature
!ftrVC
Print Name
Comment
Print Name
Comment
Signature
Address
Print Name
Comment
Signature
Address
Print Name
~ ~I\
W& love. ..f-k.t. WfJ.-'-/ +I...L
A11 ~ tU
h"us-e...- 100 ks~ Xf is C he.er..fJ / f /
Address Lfh/ JJLeu.&w unt::..-1lJ
Comment
Signature
Print Name
.f. ~ I ~1 r~ - I: 11/, .
~~ r~ .
M1 W4L /tI · [rJ~ A1Jlv~ 1, ~ 'Ndl ~ ~ fb,l~ *:J
g t2 ~hvJ Iml. ~.t ~ ~ll1Ihlt. )f{j~ ,. ~~1'
~ ~D tMt \JAut m ~ t, I
h4Wb~~~6rDtw t~
~ J-wl ~ -b Pe lef O~ ".li+-
~~; Hi fll,(W ~ llAJ-lli 1 ~1J.
5k Jl ~ rxw .~W4 4 k ~
~ f.f, ~ ~ J (11m IIV
hl(f#( ~ ~ ry-~ ~
IAI~tit{tJ{f; !JJt, ~rnk It 16 4~8it
flqllfr(VI?t : ~T:2"'~ m~fIJ/I;; "}oD [~ir~~9L
NkM[ :
O~JlJ/ttfi(r "
flit tltr(l/(e. .'
~oy(t
~(cul
.
,
~
-
'.\
b
j)
S)
:I
EXHIBIT
/3
. ~
J
.-~ ,
..~)....... ~=e"!''''-='~~i'.~ - -= J~~$~~l'
_~~~_-_. _ l' to '.
r. . - .a
.----' ~~." .
"".. ~
.~ .
.'t.
.
~
S)
S)
:I
EXHIBIT
e
c'-':
I'l
6'
i:l
~
/'.1'
,~
.... ~ .
,) W f
VJ~ l'.r1J....'a
tr"')!Yf" ,
J)/
~ ' "\~ l-
I ... ,
if, "~ .II
t;,
~
'. ,," J:.~
{j ~
'? f I It
J ./
".j i, ~ '( '.
. "', ,,;
Xioir (,.-- ,.
'U I" ")
'l 1, "i. i1
t:/ ( i
:J -tY ~",t ,.
o '- ,I ~ ,-t;.....}'~.' ~J
."" i,~ '1(, ..l
," 6'~ .~jII ~ {I'
';,f" 1t. '{J =i,",f. f.!
-,'~ 'J .... _..
""
EXHIBIT
~ '"
~ LJ
p
,
~f;; ? ,'~ . ,:4
-~t
;"~9
i.I
(
.,.. ~t1',
:Jj ., q
,~ ; ~ ...
. ;I. :~""" '"
I'll!", ,). J', · "
'~ ;J.J~;h~
J " I," /
I: J
'!i}, f
"G (;'4
~., I)r '
J.: '; ,. 'f" ,...".
. '1
I
r
,
, J:(
" 1';
J'i1,'1
\ f j~f !
11{
,
~
,;j !
'It:
"
J ~,.
~ r,
!
r,
.,.
~
. .
t
~~
M
.!~
~
; ~
... #;
,.; ~'!f,
-~~' , l
"i ' " ' 'fl
I " Ii i.
f" "r.,rl 't
,.. J 4 it:
/~
!~
.I
~~'
At', I
,~~ 'fl,
'~,',(,J;
I.-'r - ~ ;
"
fi'
"
~ '11,: l
"
,~
I., }. !lI
.I ~
'IJ 'j!<
'I,
,j
t
I
,
} 1( r 'l"
~ I ,lj!1
'~ ~4 If'
b
L
.ii
J ~f'
Of.'
" . ,~
EXHIBIT
IE
If
ft
,
\\
· r~,
,i1:1
,.,'" ~
"t,.... ,.~
\ ~ ~t. ...:.
'. -","
.. ,<Ii
, .~
"
.\~i'i"
'- ..$-
r
b
:8
:l
~
-
-
j ""',
-
___~TIif'-'" '
. ,. ':.' ~.:: \.~I'\\~\:~ 0
I I'" "'" ' ,,' \ t
~ I'~I \0'~ ~' \;' I I . 4 I ~, '" ~ i.! I)
, ,"" I' 'J,I.......... ,1
.:",~.j .~ ' .......--: -" "
JiiIl' ~-" ~ ;-- ./-,
.,..... ": ~ ft~ ----;.....' [, \ ,
t ~ --- ,~I l' I~'"
.. """'-",f ~ ',,,',' ~ ..
,~~./ . ~,\., .'..~'.. il' """','" '~'
.~,lt'" < ..:..........1 i' .,' \ ' " I' <,
. , '''''''Old''''''''' · .. \ \ ' .' " '. C'"
f\ \~~III\\','. 1,1111111111 .,'. f ' ," I.
\! ""1.\ ,,11\111111 ' ,.
""'-- 11\\1111111\ ~ t. t' .. 1 f
""" ~II'I\IIIH ' ., ~ ~ I
\,1\1\1\1\11 , . ,.,.,.t.< ·
\.\\\\,111111 . , .~. . I
II \'1\\1 · , ""t".
\1',1,1.\.\.\ \ ., " "~ 1
, . ~. ... I ' .... 9
.~ . I.. ....,...
_ __ _- ....'-c
_'!OJ
"
-. .
I ~-I ""
f..!' " ll~. \!,
~..~~k~
~ ..~:.",
,.l:L, ~
IL" .:
'J
-,
.'
r r
,
t' I
r ' I
I 1
I :;..
,,~ :: }l
I
- -
.....
-
EXHIBIT
j~
~
,-
!'1
----:t I
~
--,1
~
"
.... ...
_,-." ,-' ~.J- ,.;.... .. ~ ..
"'~.B "', OJ:::;,~
t _ - ,. ;~~t, .....", ~ . ~~ "
I - - 'l' 'J tj~:'_~,
fl. _ ~ "l1t.," -
I.... -:l ,:;;,.&
~ .... ~~ ~ .~..".\ ... ~ '~ ~~
kl. .. ~ "ql .
rr ~ , .....
~r ,~ .~.-
~ '..,. "'- ~r--
~ .~-,~~ ~~f~~ - ~
" 0.'- .
,..
- -- . l
~
~
J::'
-i.. ..,
~, ---.....~_.l'. "', \.. '.[ ".-, ....
. ,'~ ';::.."t_- "'~
~ ',' .t', i~\,~
~ ~ ~ - ~
b
:ii
i
EXHIBIT
II
.-.J'
..
~i~
~
j>
EXHIBIT
"'7.
.!!
D
D
l!I
J
~. .-
d ''l..il.:l~.;_ .. - - --- - ----...,. ~-
.' ? i/""
I .;~ ~I ~ ~ J.
. ... -ql.~ i.,~~ I - "
"~i .~ :.~ " ,t till.& t ,
, ;"'.,.~ .,\.~ '-Ii ij teSt ..L
.'.--' ,~_!~ .'~,i... ~~ ~, & T
J~~t ":" .~_ .-...':~ ...j:~.~,,. _. . v
. -';.,.' ':~'''''''''*" , ~
. :~~' by ~'~f ·
~~.- . "":('~," ~~.~. " ", ~~j'':G...i~.ict'..~,,'. ,Ii' ~J'~'" "~:1;0~~'~:~L:
,'J~I!'OJ , _" ,".
' . It," ~..
. -a __
"
\
-':'L ~-"R
k
oJ.. __
- -~-"'-r
r,
'"
- ""1-
,.
'l:l
I
(
~
EXHIBIT
i J
l
< - ~;.;i~;;ij
~
;;",:~::':-::~'I;;
,; :': ~?' :i '_ ;. :,,"
~
III
1-
,..
....
"
,
'V
'j
I '--
"'I
'\}
.. ,
\~
~
Ii
. ..
1..--
~,.,i'.
~~f
/. ,di
~f.:- .t",..
,,,. ./ , :. '-" ,..""' '-
f~
..*~
~r!
>./:J~ "f~v1
EXHIBIT
ilL.
, r
Jr-I
1\
".~;.;~
- "
, ,
"" . '.
" .
'.
~..
:4
, ". ,-t-
.;.! '~:
Iii
.~
~ 't' ~
09-08-14
2500 Mendelssohn Avenue North
Marvin Frieman, Applicant
Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
August 20,2009
Golden Valley Board of Zoning Appeals
Joe Hogeboom, City Planner
2500 Mendelssohn Avenue
Marvin Frieman, Applicant
To:
From:
Subject:
Background
Marvin Frieman is the owner of the property located at 2500 Mendelssohn Avenue North. Mr.
Frieman is requesting two variances from the Zoning Code. Mr. Frieman is proposing to
construct an addition to the existing building. In doing so, variances must be obtained from the
front yard setback requirements.
2500 Mendelssohn Avenue is located within the Commercial Zoning District. The property is
asymmetrically shaped and borders U.S. Trunk Highway 169. Because of this, front yard
setback requirements exist on both the south and the west sides of the property. The proposed
addition would not extend further into the setback space than the existing building does.
Several variances have been obtained for this property in the past. In 2004, variances were
obtained to allow the existing building to extend within 5 feet of the front yard property line
along U.S. Trunk Highway 169 and within 20 feet of the front yard property line along
Mendelssohn Avenue. The proposed addition to the building does not extend closer to either
property line than does the existing structure.
Variances
The proposal requires variances from the following section of City Code:
. Section 11.30, Subd. 11 (6)(a) Front Yard Setback Requirements.
City Code requires a distance of 35 feet of landscaped area between a building and the front
yard property line. The applicant is requesting 11.29 feet off of the required 35 feet to a
distance of 23.71 feet between the proposed addition and the west front yard property line
(along U.S. Trunk Highway 169).
. Section 11.30, Subd. 11(6)(a) Front Yard Setback R.equirements.
The applicant is requesting 2.67 feet off of the required 35 feet to a distance of 32.33 feet
between the proposed addition and the south front yard property line (Mendelssohn Avenue).
Recommended Action
Staff feels that the proposed addition will add to the usability of the building. In addition, staff
feels that the proposed addition will not negatively impact neighboring properties. Therefore,
staff recommends approval of the variances as requested by the applicant.
(i)
'w
lie:
;5
11.1
lie
e 2316 ~14 ~10 230li
fJ jLL2312-J..-.l..:;:2304
~ 23112313 23112302 ,..-(22242220
~, ~2315.J-l-i ~ """"22202216~2r26~
4'11 2228 2222"-w' 2214 2215 2214
III 2't30Y 22292211 ,-2213 \ \~~:()
;:! 2217 2232 2231 :22011 2210,' \,-'2211 'y-""
;ff: (V 2206, '--:''-';"<......1 /y ~ 2208
% 2215'-( .:I:~i ..", . .... < 2206 , /2:1:01 2206
! 22112lO9 :1:202:1:202 2215221l'2~ ,'-I ()I203, \/. 2120~
J:J;:l:295:1:2032200:I:2OO ~:lo51?~ 220i:'" 22~921l.
v v/v'-":' ". ..'. 2201/2.... Y211
12101:1:201' . . ... 2142 2.141 21:t5 2114. j
~1d;J 21o;'ff, ~.1111' ','--' 2123,2118" V\, . ....- /
'. i .:1. .,2108..^r 2138 21...~. r.~. '.. ,<.2113., 2111....21.2113 t
1051 \ /) 213& 213121212114< 1-""\ ., f
:1:109 '21:1:OTt1t,2'iii' '-'2U9!',! ,,2. 109. .. 2101 .
<2111,. m ~.'.J~2II<jU2~~,. ......, 9015
IZe3....21.11. 2:121:2125:tUg ~211~ 2~13../2..109......1......n....' .t012;0(~iin \~,
2115 21192123J2127--V:~ 2125.21Ot210521OO~201 2111
26TH AVE N
.
12500 Mendelssohn Ave. N.
M~~'w..m~~~~.:'..~~\9}.~~OO~
I
I
I
I
I
I
I
I
I
1 GEN
,.
"
3.
4.
5.
o.
7.
o.
OPEN OFFICE AREA
.........
..
wm.
.....
'"
,w.
0"
I
I
I
I
";/>1"" ____
~/I ", :
(" ...~
, ...'lo'" ~
'~
.......
...
II
it'
':'~ ~III
if
II!
o
o ~_'m
I :
I '
ASSUMEO EXISTI<<lI I
~~I WORKROOM
I ~xH
I
I
I L/ 8'05112"
FINISHED
I
I
I
I
I
I
I
I
.J..
I
-- -
"
:1 ,
~ .. : =
II Lr DU' ilJ
I : I
, ,,' I
---'1-,'- __ __ :
_ _ EXERQ8E ROOM
___J144ul1'tO
""""'"
""""'0
.""""
[lo.~ II
~
,.,-CWJEDLH8IlCllII8
h-- -1 -, =~=
o I
-
~
CODE DATA
0cctIpancy: 8 occupancy
Allowable....: 2 storie8I9,OOO sqIt
Type of constnIctIon: Type VB
hl&llna Bulldlna
Grou 8QFT: 3,866 sqII
0ccupInt Iud f8ctor: 100 aqIl per occupenl
Occupant LoIId: 3888/100 '" 39 oocupants
,
...-
Cheri.
Levln
Archl_
2300
MllwIlu....
Avenue
Mln....poI..
Mln_
55404-3150
P: 612.729.5333
F: 612.729.8351
E: chuck@c1evln.com
ARCHf1'ECT'S PROJECT 11508
STRUCTURAL CONSULTANT
U_ Engineers
241 C1e_ Ave. S.
SI. Poul,lIN 55105-1255
Telephono:(851I_
Remodeling of
2500
Mendelssohn
Avenue North
lor
Fr_n R.I E818te
A880c181lon, LLC
5725 W.25 112 St.
SI. Lou" Perk, MN
55416
ISSUED:
smoo
I hereby certify thai ttUa plan.
specification or report .as
g=~ea:::::r.:~
dulyl./censeo'Archlectl/ltdef'lhe
laws 01 the State of r.tnnHota.
~~WK>9
Reglslndlon No. 14672
FLOOR PLAN
o 1 2 4 8
, ,
I ~ I
SCALE
~
SHEET
A2
C2000
""""'......-
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1. Street address of property involved in this application:
2500 ~'~d.?~M4 ~ 6~\~
2. Applicant: MfJ,lYI JJ :::F;</'iM.l1-V
Name
7725 W'2~)'1?- &r; %&(/(5 rEt/e.Kr M,v 554/'
Address City/State/Zip
-1~3"~oef. '36t:::lO t:i5-z,'''92<;-309t) l:./2130-9oS9
Business Phone Home Phone Cell Phone
1J1J'1l4tJ!/V, rnJ'iIl1AN f<<J Mv'-(I ~RAJ/)V5A. Lt'M
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.
()/.Mi-i.e.. ~ #V II/'a ~ o'h tL'$t;.T.5/Pe ~ [;0(.,.
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.
"Mto1<tifW ~~~W~~~(~)
tpe~,t~~~~,uA~q;~J4I!w~'1~~~
~MA'
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.
Sigl~~?1:~
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 M~6 '-5-1 Pff/<.t< ?:to
Comment tJPl'fc7f;b C! 9/~/Im 1J;'J,7' pi)V/Szl) /)(3(}uf Pt!f7.C#A-Il.!J(;~ Z.S=IU~~A''''~W' k!/) -4r.V.
Signature !Y:rr1iL'U"/0 O:t>pHtrv-.70jc~ Address /6&0 ~ff('N> c;;.e~;:'~ 55'30:>
Print Name /V}l1rfl) 5'(7),z~T P~f4fZ.fti
Comment
@~ 'Cu/lffl/€./L GiltS 57l1f~,u
Signature
";63 J(1t~6"flI fl:-I>:.. 6'~
Address t14fLS,Il1'ffV ~3WJf
Print Name
[6 Pfl.t9(J~ff'H~c..o,P6.5 r3{trr/{~fAJ 81'f1UK. (5::J1O V$ -rtf~ ?5LL> 6
Comment
Signature
Address
Print Name
Comment
Signature
Address
Print Name
Comment
Signature
Address
Print Name
Comment
Signature
Address
Print Name
Comment
Signature
Address
FOUND HENNEPIN
COUNTY CAST
IRON MONUMENT
FOUND HENNEPIN
COUNTY R/W
MONUMENT
PLS #4735
f
e
$
I
~
~
>.,
i
$
t.
f7.J'
t:;)"
it'
~
li).s.
(()~
O),lt)
~~
~~
~~
lli
0)
CERTIFICATE OF SURVEY
-for_
ARRAY FINANCIAL SERVICES
0;"
""1
o'
~
1
/ 1-'
I I I
I 1 I
I 1 I
1
I 1 -j 20,00
I 1 I
I 1 I
I / I
I 1 I
I 1 ,~I
I / ....\\' I
I /_ <'y" I
t, --J"" I
,I ' './., - I
, ..J. \.. '/ I
y /, I J......
Y 1 "-1<1 I
.3s.0d l:!f S I
1..........1 0~ I
1r I 1 €U I
fJ::J I 1 ~g I
(gi'J I 14j!;f I
~g I V I
CJ.!;f I 1 I
\ II ..~ I "" I' ". I
,,<. I I I I..... I
. I L-' L. '" '" I... I I
I / I
I / ;nT? I
<.36 / .......
. 0 I
I.": ,~, rO.E::~~'\:R.~~/"CANqP.'l' I
I '2;' "- 53.1 I
I ~:. roY I
/ .... ": I
I ""f'!!. I
.2.7", I
EXISTING 1-STORY --: I
BRICK BUILDING ~ I
FFE=929.2 _ 20 00
I .
.J
c...
~
~~
,&
.~
~
OJ
~
0;-
\(
t\.
~
~
&
CO
t\.
~
~
""1
o'
~
<.3.77
/
I
/
I
I
/
/ 1
.3s. Q91 /
........../
1 7
/
( ///
v/ 5l~) ~
h't-05.S5AW) ''G>
\.'" n05. €I ~
\.~" n15. . '\ S
~"iS'\
ttA
~~~!!
~~~
~,\>.C;J~7C;JO~ /'
~~
~ //"
% ,/
/
----
---
---
LEGAL DESCRIPTION
Lot 2, Block 1, HALSETH ADDITION,
Hennepin County, Minnesota
,lu
i---
.:"t
(()
5\1
o
o
V)
Q'
~
~
(()
~
C\j
~
--.:..
o
(()
~
C\j
BENCHMARK
ELEVATION = 929.12 @ TOP OF SIDEWALK
AT NE CORNER OF SIDEWALK ON EASTERLY
BUILDING LINE EXTENDED
SETBACKS
FRONT STREET (S.)
HIGHWAY 169 (W.)
SIDE YARD (E.)
REAR YARD (N.)
35 FT.
35 FT.
20 FT.
20 FT.
. ,...... "
L.lJ: .j
,
\ ,-,...,.....\
'\.....\ ,'_J'
('-,' '\ '\
('-, \ J '\
"', ' J ""
\...., ""
,
LEGEND
. DENOTES FOUND PROPERTY IRON
DENOTES BOUNDARY LINE
- - DENOTES LOT LINE
- - - - - - DENOTES SETBACK LINE
[]J DENOTES CONCRETE SURFACE
.
NOTES
1. THE BASIS OF THE BEARING SYSTEM IS ASSUMED.
2. NO SPECIFIC SOIL INVESTIGATION HAS BEEN COMPLETED
ON THIS LOT BY THE SURVEYOR.
3. NO TITLE INFORMATION WAS PROVIDED FOR THIS
SURVEY. THIS SURVEY DOES NOT PURPORT TO SHOW ALL
EASEMENTS OF RECORD.
4. EXISTING UTILITIES AND SERVICES SHOWN HEREON
OWNER LOCATED EITHER PHYSICALLY ON THE GROUND
DURING THE SURVEY OR FROM EXISTING RECORDS MADE
AVAILABLE TO US OR BY RESIDENT TESTIMONY. OTHER
UTILITIES AND SERVICES MAY BE PRESENT. VERIFICATION
AND LOCATION OF UTILITIES AND SERVICES SHOULD BE
OBTAIN FROM THE OWNERS OF RESPECTIVE UTILITIES BY
CONTACTING GOPHER STATE ONE CALL AT (651) 454-0002
PRIOR TO ANY DESIGN, PLANNING OR EXCAVATION.
o
l:O
--
ENGINEERING DESIGN & SURVEYING
6480 Wayzata Blvd. Minneapolis, MN 55426
OFFICE: (763) 545.2800 FAX: (763) 545.2801
EMAIL: info@edsmn.com WEBSITE: http://edsmn.cam
I HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION,
AND THAT I AM A DULY UCENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.
!feed S;;"u'v"--,, DATED: B/20/09
VLADIMIR SIVRIVER LS. NO. 25105
JOB NAME: ARRAY FINANCIAL SERVICES
LOCATION: 2500 MENDELSSOHN AVE. N.
GOLDEN VALLEY, MN 55427
FIELD WORK DATE: 8/19/2009 I DRAWN BY: BRN I PROJ. NO: 9-048
NO. I DATE
DESCRIPTION
BY
Call 48 Hours before digging
GOPHER STATE ONE CALL
Twin Cities Area 651-454-0002
MN. Toll Free 1-800-252-1166
~ IT
SCALE IN FEET
FIELD BOOK NO.: EDS-6 I CHECKED BY: VS I SHEET NO. 1 OF 1 I::.
..-r
t~
ifV .-
/
/
:
. iIf.-- -+~;I.'
~ . -..... , . -- . :;;; """
,/
'"
/
~..'.I~~
../
/ ::..e:.'~
/
/!'
\ 'f.~
'J
.
\
"