09-22-09 BZA Agenda
Board of Zoning Appeals
Regular Meeting
Tuesday, September 22,2009
7pm
7800 Golden Valley Road
Council Chambers
I. Approval of Minutes - August 25, 2009
II. The Petitions are:
Continued Item - 2500 Mendelssohn Avenue North (09-08-14)
Marvin Frieman, Applicant
Request: Waiver from Section 11.30, Subd. 11 (6)(a) Front Yard Setback
Requirements
. 17.1 ft. off the required 35 ft. to a distance of 17.9 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
III. Other Business
IV. Adjournment
This document is available in alternate formats upon a 72-hour request Please call
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may include large print, electronic, Braille, audiocassette, etc.
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
August 25, 2009
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
August 25, 2009 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Segelbaum called the meeting to order at 7 pm.
Segelbaum requested that the order of the petitio
Road, 2500 Mendelssohn Ave. N., 316 Mea
I. Approval of Minutes - July 28, 2009
Those present were Members Kisch, Nelson, Segelbaum, and Plannin
Representatives Eck and McCarty. Also present were City Planner J
Administrative Assistant Lisa Wittman. Member Sell was absent.
MOVED by Nelson, seconded by McCarty and motion c
July 28, 2009 minutes as submitted.
o approve the
II. The Petitions are:
525 Radisson Road (09-0
Gre 0 and Lee Anne
Request:
.21, Subd. 11(A)(2) Rear Yard Setback
quired 36 ft. to a distance of 25 ft. at its closest point
(east) property line.
r the construction of a deck.
tha applicants are requesting a variance from rear yard setback
er to replace their existing deck with a new deck located closer to the
he. He stated that staff is recommending approval of this variance
e grade of the lot, the placement of the home on the lot and the fact that
lot is creating a fairly large rear yard setback requirement.
Eck referred to the survey and noted that the existing house is located in the rear yard
setback area. Hogeboom explained that the existing house was built prior to 1982 so it is
allowed to be within 10 feet of the rear yard property.
McCarty questioned why the rear yard setback line isn't parallel with the rear yard property
line. Hogeboom explained that the rear yard setback is determined by taking 20% of the
lot depth and the depth of this lot is different on each side.
Minutes of the Golden Valley Board of Zoning Appeals
August25,2009
Page 2
Nelson questioned the size of a typical rear yard setback. Hogeboom said it varies and
added that a home is not typically placed as far back on the lot as this home was.
Eck referred to the application and noted that the adjacent neighbors located at 416
Turnpike did not sign the application. Hogeboom stated that they did receive a hearing
notice for this meeting.
Segelbaum opened the p
Segelbaum closed the publ
ow the
eck on
the
aefer
e
tthey
Lee Anne Schaefer, Applicant, showed photos of their back yard and dis
back yard is unusable. Greg Schaefer, Applicant, added that it is diffic
this lot because of its odd shape. Mrs. Schaefer stated that they can't b
other (north) side of the property because of a drainage and utilityeaseme
stated that the proposed deck won't affect any of the neighborin ro erties
referred to the neighbors at 416 Turnpike and stated that the f tow
gave him their verbal approval.
Nelson asked about the free standing structure sho
Schaefer explained that there is a sandbox and a
She referred to the photos and noted where the
nt's p otos. Mrs.
standing structure.
deck would be located.
McCarty asked the applicants if they had
building tiered decks in order to obtain
thought about raising the grade but they
that the entrance to the house is q 'e abit
work. Mrs. Schaefer reiterated t e 0
place on the lot they can buil
edraisingthe grade of the property or
e space. Mrs. Schaefer said they
'Id a new deck. Mr. Schaefer said
r so he doesn't think tiered decks would
cation of the deck is really the only
ring and seeing no one wishing to comment,
i:tut unique situation especially given the slope and the
the Florth side because of the easement. He said the visual
a reasonable request and there really isn't a lot of buildable
Nelson ag
favor of gran
area even aft
dded that the house was placed oddly on the lot. She said she is in
variance request especially since there will still be a large setback
e deck is built.
Eck agreedt at the impact on the neighborhood seems minimal and that the request is
reasonable.
MOVED by Kisch, seconded by Nelson and motion carried unanimously to approve the
variance request for 11 ft. off the required 36 ft. to a distance of 25 ft. at its closest point
to the rear yard (east) property line to allow for the construction of a deck.
Minutes of the Golden Valley Board of Zoning Appeals
August 25, 2009
Page 3
2500 Mendelssohn Avenue North (09-08-14)
Marvin Frieman, Applicant
Request: Waiver from Section 11.30, Subd. 11 (6)(a) Front Yard Setback
Requirements
Eck asked if the bui .
he was not sure wha
however varia s ha
. 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
Purpose: To allow for the construction of an addition to t
Request: Waiver from Section 11.30, Subd. 11 (6)(a) Fro
Requirements
. 2.67 ft. off the required 35 ft. t
point to the front yard (south)
.33 ft. at its closest
Mendelssohn Ave. N.
Purpose:
to the existing building
Hogeboom discussed the history of this
to construct an addition onto the ex'
stated that this property has bee
to bring the existing building into
was constructed some propecl'!tY
staff is supporting this req~ist d
d sta that the applicant is proposing
will be used as office space. He
d of Zoning Appeals in the past in order
ce and added that it appears when TH 169
in order to build the exit ramp. He stated that
pdd shape of the lot.
onformance when it was originally built. Hogeboom said
ents were when the building was originally built
ed to bring the existing building into conformance.
rs to be unoccupied and asked if the proposed addition would
. Rod Mysliwiec, RNR Construction, Contractor for the
ta that if the variances are approved three tenants will be moving
yare completely renovating the interior of the building.
the addition could be modified so as not to require a variance along
ve. Mysliwiec said the plans could be modified.
Kisch asked about the rationale for the location of the proposed new addition. Mysliwiec
said the parking spaces are tight in the back of the building so they are proposing to move
it forward toward Mendelssohn Ave.
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
August 25, 2009
Page 4
McCarty said he realizes that a taking for the TH 169 exit ramp has caused some hardship
on the west side of this property but he is having a hard time supporting the variance
request on the south side.
Kisch asked Hogeboom if this property has adequate parking. Hogeboom said yes.
Kisch said he thinks the lot is unique. He said he is less concerned about the west side
variance request because the proposed addition will be further away fro perty
line than the existing building already is. He questioned if obtaining mo . ace is
really a hardship.
Nelson said she doesn't have an issue with the prop
intruding any more into the setback than the exist'
Eck said it would be difficult to establish a real hardship since thei:prop
be reduced slightly however the addition would intrude less t
there are no neighbors impacted so he can't object to the prop
Segelbaum stated that the proposed addition give a strange shape. He said
he'd be curious to know if the Board would like to s ion moved further to the
north and in turn giving a larger variance from thewe f the property instead of what
is being requested. Kisch said he wo preferthatoption if the applicant would be open to
the idea. McCarty said he doesn't iv larger variance to the west side of the
property and no matter what the 0 e building is still going to be oddly
shaped. Mysliwiec said movi n to th north and lining the addition up with the
front of the existing buildin with him.
McCarty referred to a chi
he plans to remove
;t.he would like to table this request to find alternate
proposed addition to the north. Mysliwiec said he'd be willing
in order to show the Board new plans that would make the
end.
licant, stated that they intend to be in this building for a long time and
ance the neighborhood. He said as long as they can start remodeling the
Isting building he would be ok tabling the variance request until the
oard of Zoning Appeals meeting.
MOVED by Kisch, seconded by Nelson and motion carried unanimously to table the
applicant's request until the September 22, 2009 Board of Zoning Appeals meeting in
order to revise the plans to illustrate alternatives to moving the addition further north and
aligning the proposed addition with the existing building on the south.
Minutes of the Golden Valley Board of Zoning Appeals
August 25, 2009
Page 5
316 Meadow Lane North (09-08-13)
Maggie Bostrom/Leo Furcht, Applicants
Request: Waiver from Section 11.21, Subd. 11 (A)(3)(c) Side Yard Setback
Requirements
. 8 ft. off the required 8 ft. to a distance of 0 ft. at its c10s
the side yard (south) property line.
ere an erro on the
8 feet to a distance of 0
rvey)~il1:lowed that the
rty and the southwest
e the Board of Zoning
on another person's
quest because the deck is
his year without a building
oot landing area with stairs in
Purpose: To bring the recently constructed deck into confor
code requirements.
Hogeboom referred to a survey of the property and stated tha
agenda. The variance request should be for 8 feet off the requi
feet at its closest point to the side yard (south) property' Th
southeast corner of the deck is located 0.1 feet awa
corner of the deck is 0.2 feet over the property lin
Appeals cannot grant a variance to allow somethi
property. He added that staff is recommend'
too close to south property line that the d
permit. He noted that the applicant coul
the setback area without the need fora va
Segelbaum asked Hogeboom if thl~. request wof1il(:j have even come to the Board of
Zoning Appeals had staff re 'atthe deck was built over the property line. He asked
about the City Attorney's this case. Hogeboom said if staff had realized that the
deck was built over the pr the City would have required that the deck be
removed and would t ha the applicant the option to come before the Board of
Zoning Appeals.
t's Attorney, explained that they realized after obtaining the survey
st mer of the deck encroaches 0.2 feet into the neighboring property to
erred to the survey and stated that he doesn't understand how it can be
accurat e the retaining wall located on the property is visually closer to the
property line than the deck. He showed the Board photos of the deck, the retaining wall
and the survey stake. He asked the Board if this item could be tabled to allow more time to
show that perhaps the retaining wall encroaches, but not the deck. Segelbaum asked how
close the deck would be to the property line if Mr. Dillon is correct about the survey being
inaccurate. Dillon said he thought the deck would still be within inches of the property line,
but he doesn't think the deck crosses over the property line.
I ap gized for not obtaining a building permit. She said she
at if the deck was not attached to the home she wouldn't need
Maggie Bostro ,
was under i
a permit.
Minutes of the Golden Valley Board of Zoning Appeals
August 25, 2009
Page 6
----
McCarty asked who built the deck. Dillon said a contractor built the deck. McCarty said it is
clear on the survey that there is an encroachment over the property line. Dillon said he
would rather remove the retaining wall than the deck.
Segelbaum noted that one way the Board could handle this issue would be to vote on the
original request for 7.9 feet off of the required 8 feet to a distance of 0.1 feet then the
applicant would have to comply and remove the portion of the deck or retaining wall that is
encroaching on the neighboring property.
Bostrom showed the
yard on the no side 0
that the lot is only 40 feet
nything built on the south
e ng house already does. He
IQt~g9t creates a dangerous condition
e aining wall were deteriorating and
'de of the house is a high traffic area and
he slo e makes that area hard to traverse and
deck that has platforms and there is also no
to park in the back and use this entrance.
they have not been able to communicate with the neighbor to so
issue. Segelbaum asked if the applicant has considered moving
gesture of good will. Dillon reiterated that they haven't been able
the south.
Nelson asked Hogeboom if retaining walls have the
Hogeboom said retaining walls can be built right
Segelbaum asked about the hardship in this
wide with very narrow setbacks on both siq~s
side would encroach into the setback ar~abec
stated that there is also a significant
and the previously existing concre
needed to be replaced. He note
is the entrance most used. H
added that there is a safet
parking allowed on the st
d so photos and explained that she cannot access the back
prop~rty because that neighbor installed a fence.
lic hearing.
w Lane North, said it is not true that the applicant couldn't get a
ed that had the applicant pulled a building permit she would have
said that because part of the deck is on her property it will affect the
e and will be problem for her in the future if she tries to sell her house.
Laura Kisll ,303 Meadow Lane North, showed photos of Ms. Heiden's property and
pointed out how the deck encroaches on Ms. Heiden's property. She stated that allowing
the deck to encroach will cast a cloud on the deed of the property and could cause
problems when selling the property.
Segelbaum explained that the Board of Zoning Appeals and/or the City cannot allow
anyone to build something on someone else's property. The Board could only allow a
structure to be built right up to a property line. Hogeboom added that the City would not
Minutes of the Golden Valley Board of Zoning Appeals
August 25, 2009
Page 7
stop a person from removing something from their property. He reiterated that if the Board
grants a variance for the applicant's deck it should be noted that any portion encroaching
on the neighboring property must be removed.
Kisch asked Ms. Heiden if she would object to the deck if it were built right up to the
property line and how she would feel about a fence along the property line. Heiden said if
a fence was located on the applicant's property she would not object to it but the deck is
too close to her house and she is concerned about the value of her prop added
that no one is allowed to park on Meadow Lane so that should not be c
hardship for the applicant.
Son of the Applicant, stated that t
house and yard easier and to h
it would hurt him to watch his
improvement to the house
und
orhood
back yard.
Rose, Neighborhood Letter Carrier, said that the applicant has t
and people comment to her how beautiful the house is and ever
is in favor of the deck. She added that that deck allows for better ac
Linda Martineau, 315 Meadow Lane North, agreed t
much better. She said if she were to buy Ms. Hei
something she'd like to look at. She said there ha
the past before the applicant built this deck.
well maintained as the applicant's and
her neighbor in order to resolve the
t has made her house
in question is
es be een the neighbors in
neighboring house isn't as
ered to buy property from
utiful great. It makes accessing the
't over 0.2 feet sounds ridiculous. He said
tear t e deck down because he sees it as an
od.
Avis Veselka, 320 M
wouldn't have this p
when she goes rou
She said she is n
orth, said if there had been a permit obtained they
ted that the applicant has to walk on her property
e her house and this situation is unfair to Ms. Heiden.
deck.
yridge Lane, said that most people in the neighborhood are in
knows the applicant is willing to come to some sort of
neighbor to her south to resolve the issue.
ing no one else wishing to comment, Segelbaum closed the public
Dillon stated that the opposition to this deck is based on personal animosity. He reiterated
that the applicant has tried to converse with Ms. Heiden and clearing up the title is exactly
what they are trying to do, they just need more time. He said he really doesn't think the
deck will negatively affect property values. He added that hardship is really the only
relevant factor in this case and the encroachment issue can be resolved.
Minutes of the Golden Valley Board of Zoning Appeals
August 25,2009
Page 8
Segelbaum explained that the Board has a few options. They could grant a variance for
7.9 feet off the required 8 feet with the condition that everything complies without seeing a
new survey, they could deny the variance request or they could table the request as the
applicant has asked.
Eck said that the deck is very attractive and enhances the property. He said he has
difficulty rationalizing the hardship based on the narrowness of the lot because there is a
way to build an access to the house and the yard without requiring a vari he fact
that the applicant chose to build a deck instead does not constitute har 'd he
would have a hard time supporting this request.
Hogeboom explained that if this varianc ed staff would recommend
that the applicant obtain some sort of~as neighboring property because the
applicant would have to trespass Ql\fthe 's pro erty in order to maintain the deck.
McCarty stated that a 25 squaref~pt, con~Prm anding located a foot away from the
property line would still requir a!~pliijant to tr spass on the neighbor's property to do
maintenance. Hogeboom th~t.a 25 square foot land would however be allowed
by the Zoning Code.
ot high
ect wi less of a
~et of~he req u ired 8
d oriithe applicant's
hardship in this case.
d a fence because
ot. He questioned why the
Kisch said he understands there were alternate ways to build a
fence were built along the south property line it would create t
landscaped area. He said he is in favor of granting a variance
feet with the understanding that the entire structure mus 10
property. He added that he believes the narrownesspfJ
Eck said he doesn't understand the relevance of cQmpa
fences are allowed to be built in setback areas but decks a
City even has setback requirements if that is e e.
Nelsd
structur
request is
ere was no permit process or variance process before
ject went through the proper channels he would
p to the property line because he does see a hardship
a landing with steps on both sides would provide the same
y stated that the Board has given variances in the past for
y been built that have less of a hardship than this property and
onable use.
d if the City knows whether or not the deck was built properly or is
d since no permits were obtained. Hogeboom stated that if this variance
nted that applicant would still have to apply for a building permit.
Segelbaum said he thinks the deck is a reasonable use but he doesn't think it is
reasonable to build something using the entire setback area. He said there are alternate
designs that could have been considered and there is an impact to surrounding property
owners. He said the deck may increase the value of this property but he is concerned
about it being built right up to the property line. He added that the deck seems fairly high
and would "look over" a 6-foot high fence. He stated that if a fence could be built that
Minutes of the Golden Valley Board of Zoning Appeals
August 25,2009
Page 9
would hide the deck from view he may be in favor of granting the variance request. Kisch
noted that the proximity of what was the existing stoop puts a person at the same level as
a fence.
Eck said he still doesn't understand what the hardship is in this case. He agreed that the
lot is narrow and it was difficult to access the back yard, but there are alternatives that
don't require variances.
McCarty reiterated that the shape and size of the lot to him are true ha the
applicant can't have a deck elsewhere. Eck questioned if not being e have a de.ck is
a hardship. McCarty said this is one of the greatest hardships he seen since he's
been on the Board.
Kisch stated that a stoop would create more of an issue with allowin
maintenance because the access is better with the deck.
. not sufficient.
o of setback space that
elbaum said he can't justify
cerned that three staff
roposal. Kisch reiterated that
Segelbaum questioned if the allowed 25 square f
McCarty said a 25 square foot landing would leav
would not be usable and at least the deck is
the deck being right at the property line. N
member, the City Attorney and the neighbor ar
to him the impact of a fence and this.deckare
III.
consider a!IIQwing a variance for a landing bigger than
~l!lything over 25 square feet in area would be
Segelbaum asked if the Board c
25 square feet. Hogeboom s
considered a deck.
MOVED by Kisch, second
ft. off the required 8 .
recently constr ted
a final inspecti e
Carty and motion denied to allow a variance for 7.9
t point to the side yard (south) property line for the
ndition that the deck receive a building permit and
baum, Eck and Nelson voted no.
N
s discussed.
IV.
The meeting was adjourned at 9:42 pm.
Chuck Segelbaum, Chair
Joe Hogeboom, Staff Liaison
09-08-14
2500 Mendelssohn Avenue North
Marvin Frieman, Applicant
Hey
Planning
763-593-8095/763-593-8109 (fax)
Date:
September 16, 2009
Golden Valley Board of Zoning Appeals
Joe Hogeboom, City Planner
Continued Public Hearing: 2500 Mendelssohn Avenue
Marvin Frieman, Applicant
To:
From:
Subject:
Background
Marvin Frieman is the owner of the property located at 2500 Mendelssohn Avenue North in the
Commercial Zoning District. Mr. Frieman appeared at the August meeting of the Board of
Zoning Appeals (BZA) to request two variances for the purpose of constructing an addition to
his building. The variances requested were both from Section 11.30, Subd. 11 (6)(a), Front
Yard Setback Requirements.
Mr. Frieman proposed an addition to his building that would protrude south toward
Mendelssohn Avenue. Upon discussion with the Board, Mr. Frieman opted to revise his plans
and move the proposed addition 17 feet to the north, allowing the south wall of the proposed
addition to align with the south wall of the existing building. In doing so, Mr. Frieman's proposal
no longer requires a variance from front yard setback requirements along Mendelssohn
Avenue. However, a variance from front yard setback requirements along U.S. Trunk Highway
169 is still needed prior to construction. The original proposal sought a variance of 11.29 feet
off of the required 35 feet to a distance of 23.71 feet between the proposed addition and the
westerly property line along U.S. Trunk Highway 169. The revised variance request is as
follows:
. 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 17.1 feet off of the required 35 feet to a distance
of 17.9 feet between the proposed addition and the west front yard property line (along U.S.
Trunk Highway 169).
Recommended Action
At the August meeting of the BZA, the Board indicated that it would prefer a proposal in which
the addition was shown to be further away from Mendelssohn Avenue. Staff is in agreement
with that opinion. Therefore, staff recommends approval of the variance as requested by the
applicant.
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GENERAL NOTES
1. lOCATE NEW WATER HEATER ABOVE RESTROOM. PROVIDE DRIP PAN
PIPED TO FLOOR DRAIN.
2. EXTERIOR DOORS SHOWN IN CLOSED POSITION ARE NOT INTENDED TO
BE REQUIRED EXITS. AU. EXfT DOORS ALREADY HAVE UT EXIT SIGNS,
3. SPRINKLER SYSTEM NOT REQUIRED. BUilDING HAS A PARTiAl
SPRINKLER SYSTEM THAT WILL NOT BE USED.
4. All WIN!)()lNSSHQWN ARE EXISTING UNLESS NOTED OTHERWISE.
5. AU. NEW DOORS ARE 36" WIDE.
6. POSSIBlE FUTIlRE ADOlTlON SHOWN IS NOT PART OF THE PERMIT
APPUCATION.
7, PROVIDE EMERGENCY LIGHTING AND SMOKE DETECTORS AS REQUIRED
BYCQOE
e. IN NEW ACCESSIBlE TOILET ROOMS, POSITION FIXTURES, GRAB BARS,
MIRROR, SOAP DISPENSER, TOWEL DISPENSER AND TOILET PAPER
HOLDER AS REQUIRED BY CODE
9. All NEW WALLS ARE 2>:4 WOOD FRAMED Will? GWB EACH SIDE
CODE DATA
Oecupanq<: B oewpancy
Allowable Mea: 2 storiest9,COO sqft
Type of constmc:tlon: Type VB
Existlna Buitdln9
GroS$ SQfT; 3,866 sqtt
Occupant load faetor. 100 sqft per ~atIt
Oc::cupant load: 38561100 ~ 39 =p<mfs
=:'':t'lW\ ,_uu __ - ~
REMd.e'EllG . .
:::R~ :
OVERP..ow(M'Qf2). I
~~:~~~ED: :
"","~MAAW' _,_________.
r:~EClON~. :' -.1 \
REIo1O'1l:BRICK~T
NEWLEDGER
------V
4
Charles
Levin
Architects
2300
Milwaukee
Avenue
Minneapolis
Minnesota
55404-3150
P: 612.729.5333
F: 612.729.8351
E: chuck@clevin.com
ARCHITECTS PROJECT 11508
STRUCTURAL CONSULTANT
MJS Structural Engineers
241 Cleveland Ave. S.
St Paul, MN 55105-1255
Telephone: (651) 698-5626
Remodeling of
2500
Mendelssohn
Avenue North
for
Frieman Real Estate
Association, LLC
5725 W.25 112 St.
St. Louis Park, MN
55416
ISSUED:
REVISiON 1:
REViSION 2:
REVISION 3:
REVISION 4:
REVISION 5:
REVISiON 6:
8m09
8/15/09
8/19109
8/25/09
8/26/09
8/27/09
9/3109
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CERTIFICATE OF SURVEY
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GOPHER STATE ONE CALL
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MN. Toll Free 1-800-252-1166
ARRAY FINANCIAL SERVICES
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LEGAL DESCRIPTION
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SCALE IN FEET
Lot 2, Block 1, HALSETH ADDITION,
Hennepin County, Minnesota
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ELEVATION = 929.12 @ TOP OF SIDEWALK
AT NE CORNER OF SIDEWALK ON EASTERLY
BUILDING LINE EXTENDED
EXISTING SETBACKS
FRONT STREET (S.) 35 FT.
HIGHWAY 169 (W.) 35 FT.
SIDE YARD (E.) 20 FT.
REAR YARD (N.) 20 FT.
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PROPOSED SETBACKS
HIGHWAY 169 (W.) 17.9 FT.
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. DENOTES FOUND PROPERTY IRON
DENOTES BOUNDARY LINE
- - DENOTES LOT LINE
- - - - - - DENOTES EXISTING SETBACK LINE
- - - - - - DENOTES PROPOSED SETBACK LINE
C2J DENOTES CONCRETE SURFACE
NOTES
.
1. THE BASIS OF THE BEARING SYSTEM IS ASSUMED.
2. CONTRACTOR MUST VERIFY PROPOSED ELEVATIONS.
3. NO SPECIFIC SOIL INVESTIGATION HAS BEEN COMPLETED
ON THIS LOT BY THE SURVEYOR.
4. NO TITLE INFORMATION WAS PROVIDED FOR THIS
SURVEY. THIS SURVEY DOES NOT PURPORT TO SHOW ALL
EASEMENTS OF RECORD.
5. 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.
1 19/18/09 I REVISED SETBACK <l< ADDITION I BN
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BY
DESCRIPTION
ENGINEERING DESIGN & SURVEYING
6480 Wayzata Blvd. Minneapolis, MN 55426
OFFICE: (763) 545-2800 FAX: (763) 545.2801
EMAll: info@edsmn.com WEBSITE: http://edsmn.com
I HEREBY CERTIFY TI1A T TI1IS SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION,
AND TI1AT I AM A DULY LICENSED LAND SURVEYOR UNDER TI1E LAWS OF TI1E STATE OF MINNESOTA.
\/t!Qc! 5'~~''t<'v CAe DATED: 9/1a/09
VLADIMIR SIVRIVER LS. NO. 25105
LOCATION: 2500 MENDELSSOHN AVE. N.
GOLDEN VALLEY. MN 55427
JOB NAME: ARRAY FINANCIAL SERVICES
FIELD WORK DATE: 8/19/2009 DRAWN BY: BRN PROJ. NO: 9-048
FIELD BOOK NO.: EDS-6 CHECKED BY: VS SHEET NO. 1 OF 1 A
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CODE DATA
Occupancy: 8 occupancy
A11ow11b18.....: 2storiesl9,OOOsqft
Type of constructton: Type VB
ExI.Una Bulldlna
GI'OlIS SQFT: 3,866 sqft
Occupant Io.r r.ctor: 100 sqft per occupant
Occupant LolKI: 3866/100 '" 39 occupants
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Charles
Lavtn
Archltecta
2300
Mllwaukaa
Avenue
Mlnnespolla
Mlnnaaota
55404-3150
P: 612.729.5333
F: 612.729.8351
E: chuck@clavln.com
ARCHITECTS PRO.ECT 11508
STRIJCTURAL CONSULTANT
MJS StIUClUnll EOQIneers
241 Cleveland Ave. S.
SI. Paul, MN !l5105-12S5
Tetepl1one:I6S1)_
Ramodellng of
2500
Mendelssohn
Avenue North
for
Frlaman Rael Estate
Association, LLC
5725 W.25112 St.
St. Louis Park, MN
55416
ISSUED: 8/7/09
I hereby certify thai this plan.
specification or report was
prepared by me or under my
dired9l.lpervfslonandthatlama
dulyLloensedArchRedunderthe
IDws of the State of Mlnnesota.
~~:anm
RegiSlrationNo.14672
FLOOR PLAN
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CERTIFICATE OF SURVEY
Call 48 Hours before digging
GOPHER STATE ONE CALL
-for_
Twin Cities Area 651-454-0002
MN. Toll Free 1-800-252-1166
ARRAY FINANCIAL SERVICES
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LEGAL DESCRIPTION
o 50 100
~ I
SCALE IN FEET
Lot 2, Block 1, HALSETH ADDITION,
Hennepin County, Minnesota
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.
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LEGEND
. DENOTES FOUND PROPERTY IRON
DENOTES BOUNDARY LINE
- - DENOTES LOT LINE
- - - - - - DENOTES SETBACK LINE
Q 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
co
NO. I DATE
DESCRIPTION
BY
ENGINEERING DESIGN & SURVEYING
6480 Woyzoto 8lvd. Minneapolis, MN 55426
OFFICE: (763) 545-2800 FAX: (763) 545-2801
EMAIL: info@edsmn.comWE8SITE:http://edsmn.com
I HEREBY CERllFY THAT THIS SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION.
AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.
'lead :;~>y;v,,/( DATED: 8/20/09
VLADIMIR SIVRIVER LS. NO. 25105
LOCATION: 2500 MENDELSSOHN AVE. N.
GOLDEN VALLEY. MN 55427
JOB NAME: AARAY FINANCIAL SERVICES
FIELD WORK DATE: 8/19/2009 DRAWN BY: BRN PROJ. NO: 9-048
FIELD BOOK NO.: EDS-6 CHECKED BY: VS SHEET NO. 1 OF 1 A
Minutes of the Golden Valley Board of Zoning Appeals
August 25, 2009
Page 3
2500 Mendelssohn Avenue North (09-08-14)
Marvin Frieman. Applicant
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 t~9.
Purpose: To allow for the construction of an addition to the existing buildi~g
Request: Waiver from Section 11.30, Subd. 11(6)(a)>Frorlt.'fard S~tback
Requirements
. 2.67 ft. off the required 35 ft. to a distan 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<~n addition to the existing building
Hogeboom discussed the history of this property and stated that the applicant is proposing
to construct an addition onto the existing building which will be used as office space. He
stated that this property has been before the Board of Zoning Appeals in the past in order
to bring the existing building into conformance and added that it appears when TH 169
was constructed some propertYV\ias taken in order to build the exit ramp. He stated that
staff is supporting this re t d 0 th~ odd shape of the lot.
Eck asked if the bui .
he was not sure wha
however variances ha
onformance when it was originally built. Hogeboom said
ents were when the building was originally built
.ahted to bring the existing building into conformance.
Eck said thEa.. i;).uildihg. appears to be unoccupied and asked if the proposed addition would
accommodate new tenants. Rod Mysliwiec, RNR Construction, Contractor for the
proposediadditiQ/1, stated that if the variances are approved three tenants will be moving
in. He addedthatt~ey are completely renovating the interior of the building.
McCarty aske
Mendelssoh
the addition could be modified so as not to require a variance along
ve. Mysliwiec said the plans could be modified.
Kisch asked about the rationale for the location of the proposed new addition. Mysliwiec
said the parking spaces are tight in the back of the building so they are proposing to move
it forward toward Mendelssohn Ave.
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
August 25, 2009
Page 4
McCarty said he realizes that a taking for the TH 169 exit ramp has caused some hardship
on the west side of this property but he is having a hard time supporting the variance
request on the south side.
Kisch asked Hogeboom if this property has adequate parking. Hogeboom said yes.
Kisch said he thinks the lot is unique. He said he is less concerned about the west side
variance request because the proposed addition will be further away frorTJthat perty
line than the existing building already is. He questioned if obtaining more>feasabspace is
really a hardship.
Eck said it would be difficult to establish a real hardship since the proposed addition could
be reduced slightly however the addition would intrude less tha'n the ex:lsting building and
there are no neighbors impacted so he can't object to the propa:~al.
Nelson said she doesn't have an issue with the prop9red add,tiO~~Tcause it is not
intruding any more into the setback than the existiIJg building currently does.
Segelbaum stated that the proposed addition gives this buildi~g a strange shape. He said
he'd be curious to know if the Board would>liketo seethe ion moved further to the
north and in turn giving a larger varianceffbm the west sl f the property instead of what
is being requested. Kisch said he wo pre~l3r thatcqption if the applicant would be open to
the idea. McCarty said he doesn't tb.give a larger variance to the west side of the
property and no matter what thea~plicantdoesthe building is still going to be oddly
shaped. Mysliwiec said moving addition to the north and lining the addition up with the
front of the existing building/wou efine with him.
McCarty referred to a chimney/smokestack shown on the plans and asked the applicant if
he plans to remove it.. Mysliwiec said yes.
Segelbaum aske<:lthe applicantif he would like to table this request to find alternate
designs th~t~ouldshift t~T proposed addition to the north. Mysliwiec said he'd be willing
to wait until the Jlext ting in order to show the Board new plans that would make the
buildingfl hcqIJ the end.
Mar'4in Friem Ap~licant, stated that they intend to be in this building for a long time and
they want to ance the neighborhood. He said as long as they can start remodeling the
interior o~l~~~xisting building he would be ok tabling the variance request until the
September Board of Zoning Appeals meeting.
MOVED by Kisch, seconded by Nelson and motion carried unanimously to table the
applicant's request until the September 22, 2009 Board of Zoning Appeals meeting in
order to revise the plans to illustrate alternatives to moving the addition further north and
aligning the proposed addition with the existing building on the south.
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1. Street address of property involved in this application:
2$00 ~'~hd'.~ tJJf- 6~\~
2. Applicant: MlltlVf JJ ::fF.JT'11/1IJ1U
Name
'5725 W.2S" 1~ dr,
.
Address
%iPcPt 5 rffiRI(.' Mp 55" 41'
City/State/Zip
'1 ~3,. 5'ot.f. 3600
Business Phone
%'2,-929 -309b
Home Phone
/;'/2130-'105""9
Cell Phone
f)11114/JlfV- rnltiMltf(l f(iJ MUt..npn/J/)u5A. L&'M
Email Address
3. Detailed description of building(s), addition(s), and alteration(s) involved in this petition. The site
plans and drawings submitted with this petition will be the basis of any variance that may be
approved and cannot be changed before or after the building permit is issued.
LJl.a-~~ #V II{'P( ~Uh f/-J$<..Y.5/be-o/f 50(7
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.
<~MIL~~ ~~IvW~~.~{~)
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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 not taken within one year, the variance expires.
)U~~~
Signature of 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 f1~6 I-$y Pff/?-K. t-j-D
Comment WP11tc7J;t;, C!' 9w/Im '8/r~7 /J-l)tJI5~/) 1?8ouf Pfl.CI!tM,::C;~ 2S=lh~rbry;4_"'~N{",,7 ~ 4r.V.
Signature !W71IL'C.€~ (p,..4-;tm./-. 'h/c~ Address /6IJO rfof/((Nf r;e~~:~ 55"305
Print Name (11f1rt\J >{I),zs,r f((pf~(l.Jti
Comment
Signature
Print Name
Comment
Signature
Print Name
Comment
Signature
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Comment
Signature
Print Name
Comment
Signature
Print Name
Comment
Signature
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