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06-22-10 BZA Agenda Board of Zoning Appeals Regular Meeting Tuesday, June 22,2010 7pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes - May 25, 2010 II. The Petitions are: 2940 Kyle Ave N (10-06-03) Pam Bauer, Applicant Request: Waiver from Section 11.21, Subd. 11 (A)(1). Front Yard Setback Requirements . 2 ft. off the required 30 ft. to a distance of 28 ft. at its closest point to the front yard (east) property line. Purpose: To allow for the construction of an open front porch. 2530 Winnetka Ave N (10-06-04) Semper Development Ltd, Applicant Request: Waiver from Section 11.30, Subd. 6(A) Yard Requirements . 14.2 ft. off the required 35 ft. to a distance of 20.8 ft. at its closest point to the front yard (west) property line. Purpose: To allow for the construction of a Walgreens store. III. Other Business IV. Adjournment This docurnent is available in alternate formats upon a 72~hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats rnaYfI1Cludelarge.print, electronic, Braille, audiocassette, etc. Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals May 25,2010 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, May 23, 2010 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 Plan .rl~ Commission Representative McCarty. Also present were City Planner Joe Hogeboo d Administrative Assistant Lisa Wittman. I. Approval of Minutes - October 27,2009 nutes from MOVED by Sell, seconded by Kisch and motion carried October 27,2009. McCarty abstained from voting. II. The Petitions are: 2461 Dresden Lane (10-05-01) Jeff and Emily Piper, Applicants Request: Waiver from Sec. n 11.21, Subd. 11(A)(3)(a) Side Yard Setback Requirements . 5 ft. offtnertqUirtd15 ft. to a distance of 10ft. at its closest point to the,<side yard (south) property line. eplacement of the railing and surface boards on the o y on a location map and explained that the applicants are ance in order to bring their existing deck into conformance with He explained that the applicants came to the City to obtain a replace the railings and surface boards on their deck. It was during "t process that the applicants were made aware that the existing deck is not setback requirements. He stated that staff is recommending approval of uest due to the topography of the lot and the fact that the deck was he previous homeowner, not by the applicants. He added that the roperty owners are also supportive of this variance request. Nelson asked if a variance would be required if stairs were located in the setback area instead of the deck. Hogeboom stated that stairs are allowed to be located in setback areas. Kisch questioned granting variances for structures that are built without obtaining a building permit. He said he doesn't feel that asking for a variance because a structure was originally built without a permit constitutes a hardship. Hogeboom stated that staff would feel differently if a nonconforming structure was built by the current homeowner, but in this case Minutes of the Golden Valley Board of Zoning Appeals May 25,2010 Page 2 the deck was there when the applicants purchased the home so in order to bring the deck into conformance with zoning and building code requirements staff asked the applicants to bring their proposal to the Board of Zoning Appeals. Sell stated that the Board of Zoning Appeals has in the past felt that it isn't fair to blame current homeowners for nonconforming structures that were built by previoqs.hqmeowners. He said he supports this variance request because the deck has existed f(.jr'a longtime, most people probably don't even know it exists and this homeowner is trying to fix the problems and bring it into conformance. Segelbaum asked Hogeboom if he knows how long the existing deyk h9sibeen lo~ated where it is. Hogeboom said he didn't know and suggested askit;l9 theia~plicant$. Emily Piper, Applicant, reiterated that when they applie deck they were told they needed to go to the Board the side yard setback requirements. She referred long the deck has been in its current location and she thought it was built in the early 1990s. Sell questioned if the existing deck is structurally so .ogeboom stated that the Inspections Department will.address iS$pgwhen!~M~Y do their inspections on the new work being proposed. gnibuilt with a permit it would have been grandfathered dSQips with this property due to the grade and because CC~i onto~he deck. Kisch agreed and added the current nd it would be worse if the applicants aren't allowed to ith the building code and zoning code. Nelson noted that if this dec in. She said she feels ther there is a side door that noncompliance is more of bring the deck into Segelbaum opened Segelbaum closed .the garing. Seeing and hearing no one wishing to comment, hearing. MOVE by McCarty and motion carried unanimously to approve the r 5 . off the required 15 ft. to a distance of 10ft. at its closest point th) property line to bring the existing deck into conformance with and to allow for the replacement of the railing and surface boards on k. Minutes of the Golden Valley Board of Zoning Appeals May 25, 2010 Page 3 608 Turnpike Road (10-05-02) Dana Swindler and Grea Walsh, Applicants Request: Waiver from Section 11.21, Subd. 11(A)(3)(b) Side Yard Setback Requirements . 8.5 ft. off the required 12.5 ft. to a distance of 4 ft. at point to the side yard (north) property line. Purpose: To allow for the construction of a garage addition. Request: Waiver from Section 11.21, Subd. 11 (A)(1) Frc)nt Yarct Requirements . 3 ft. off the required 35 ft. to a distance of 32ft. at1t$ closest point to the front yard (east) property line. Purpose: To allow for the construction of a garage addition. Hogeboom referred to the property on a locatipn map and explained the applicant's proposal to construct a garage addition. He notegthatth~ licant's stated hardship is that the existing garage doesn't provideeI'lPugg;:;~;; ceo He referred to photos of the property and showed a paved parki next xisting garage where the proposed garage addition would cted. He also noted the location of an existing retaining wall which wo e n6rtm wall of the proposed new garage. He referred to the front yar est and stated that the proposed new garage addition would line up wi of the house but because of the angle of the lot it will be closer to the r p y line than the required 35 feet. He stated that staff is recomm nding I of these variance requests due to the placement of the home on the lot, fact t ew garage addition will go no further toward the side yard property Ul)e tha etaining wall already does and because of the corner lot restriotions. hat the proposed new addition would also add some articulatio to th e of the house which is also a requirement ofthe zoning code. Kisch re survey and noted that if the proposed garage addition goes all the wa~~o the;) etaining wall then the garage would be 2.5 feet away from north side;y~rd prop~rty line not 4 feet as stated on the agenda. Hogeboom suggested the applical)!;~xpJ?in the exact dimensions of the proposed garage addition. McCarty questioned how the front of the house was originally built 32.2 feet away from the front property line instead of the required 35 feet. Sell stated that in the past the zoning code considered the longer side of the property line to be the front and the shorter property to be the side. Hogeboom added that the front yard setback requirement for structures built prior to 1982 is 25 feet so the existing house is considered to be in conformance. Minutes of the Golden Valley Board of Zoning Appeals May 25, 2010 Page 4 McCarty questioned the structural integrity of the existing retaining if it is going to be used as the new garage wall. Hogeboom stated that the structural integrity of the retaining wall will have to be verified before a building permit is issued. Paula Merrigan, representing the applicant, stated that they intend to have a structural engineer inspect the retaining wall. She stated that it is logical to use the existing retaining wall as the new garage wall because they don't want to have a spC;)ce..between a new garage wall and the existing retaining wall and they don't want to r the integrity of the existing retaining wall when constructing a new garage McCarty asked what the total width of the garage would be after is built. Merrigan stated that the garage would be 28.75 feet wid Segelbaum asked about the width of the proposed addition. KisC~ state~ thC;)tit appears that the proposed garage addition is approximately 15 feet .in widt~, MerrIgah reiterated that the logical place for them to construct the new gC;)rCi:we iswh~r~the retaining wall is located. She explained that the house does not have a basement;<it~as limited storage space and a small amount of side and rear yard space to cC>rl$truct any other type of accessory structure. Kisch asked if the existing retaining walLpas foot!~gs. an stated yes. Nelson asked about the height ofthepl"dposed garage addition and if the top of the existing garage is a deck. Merrigi~rl said t~e garElge addition will match the height of the existing garage and it will h~~~i~Re~9rTle parapet across the front. Dana Swindler, Applicant, added that the !gpof t~~ exi$ting garage is just a rubber membrane roof and not usable deck space. N n a~~ed hOyYthe proposed new garage will visually impact the neighboring property. 'an reiterated that the front of the garage addition will look the same as t 'stin ge and the side of the garage facing the neighboring property will be railin as a solid wall on the side facing the neighbors. and asked why the rear wall of the proposed garage wall e way back to the existing retaining wall. Swindler stated ore green space in that area. Merrigan added that the back d ga age addition ends where the back wall of the existing garage at they could build the proposed garage addition all the way back to Orl the side and toward the rear but the homeowner wants to add Kisch stated that this variance request is extreme and asked the applicant if the full variance isn't granted if he would go forward with a garage addition project. He said he understands the need for a larger garage and the need for more storage but he is uncomfortable granting this large of a variance. Merrigan reiterated that the garage addition was logically driven and they want to use the existing retaining wall because of all that it is holding back. Kisch stated he thinks repairs to the retaining wall will have to be made and portions of it are going to have to be torn down anyway. Minutes of the Golden Valley Board of Zoning Appeals May 25,2010 Page 5 Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment, Segelbaum closed the public hearing. Kisch stated he understands the thinking behind the design of the garage addition but it seems like too large a variance and too close to the side yard property line. He suggested the Board grant a variance for 6 feet off the required 12.5 feet to a distance of 6.5 feet to the side yard property line instead. He added that he would fee! comfortable approving the front yard variance as requested. Segelbaum asked for clarification regarding the interior and exterior..qimenstons of the overall garage. Kisch stated that the interior would be approximat~Jyi25 feet in/width and the exterior would be approximately 27 feet in width. Segea~[I1 a~~ed ab6~~Ithe space that would then be left between the new garage wall an he<existing retaining wall. Kisch suggested that the new garage wall be used as a retlning I d the existing retaining wall be removed. Nelson expressed concern about an addition being~~on the garage at some point in the future. Segelbaum stated that thI$ varianc reques is only for this proposal and if an addition was proposed inthE:(fut< e the ho~eowner would have to come back to the Board of Zoning Appeal~withCilno variCilPce request. Kisch noted that the proposed newCil.ragecCil~onlybe92 feet in length before it has to articulate. Merrigan said she doesstheproposed garage will be more than 32 feet in length. MOVED by Kisch, secon9i~j~i/5y motion carried unanimously to approve the following variance request. th uired 12.5 ft. to a distance of 6.5 ft. at its closest point to the side ya ) prop rty line and 3 ft. off the required 35 ft. to a distance of 32 ft. aN/it loses pint to the front yard (east) property line to allow for the construction of a gar~ ddition; III. .conded by Nelson and motion carried unanimously re-elect Segelbaum cfrij'as Vice Chair. IV. The meeting was adjourned at 8:03 pm. Chuck Segelbaum, Chair Joe Hogeboom, Staff Liaison 1 0-06-03 2940 Kyle Avenue North Pam Bauer, Applicant ~ r--~ ~ --... '" 4501 ' 3025 I t/~. D37 2925 ~ '----- "', ~ :-i=I l __._....___ I --, I \ 3036 D:lS D13 4500 4500 3024 3llOO Ifh.'~ """0 "'- '41..e' '--... ~,lfb '--... 2945 D13 2901 ;...- -.--- 2936 I D24 2912 I I J OIl: w ;;. << w w -' 29il(J I CULVER RD (1)"" I [ 4421 I ! M!I;l'''_ . I "" . "";@II"'dMS~ '. . . - (t1,t~~C~L~~~ 3037 3O:lS 3001 D37 ~-- \ 3036 3014 3llOO 2936 D24 2912 4320 3025 3015 ------.- --- " \ :ll137 ~------- D25 D13 4300 ,/ lio:o.l t;:: ~ ~ :Ilt 1121t Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: June 11, 2010 To: From: Golden Valley Board of Zoning Appeals Joe Hogeboom, City Planner 2940 Kyle Avenue North Pam Bauer, Applicant Subject: Background Pam Bauer is the owner of the property located at 2940 Kyle Avenue North. Ms. Bauer is requesting a variance from the Zoning Code to construct a roof over the existing concrete steps in front of the home. The concrete steps are located in the front yard setback area. The proposed roof would effectively transform the stoop into a 'covered front porch.' For all residential properties in Golden Valley, covered front porches may extend no closer than 30 feet toward the front yard property line. The existing front stoop for this property extends to within 28 feet toward the front yard property line. It should be noted that most homes along Kyle Avenue North are located closer to the front property line, as evidenced by the attached aerial image of the area. In 1981, a variance was granted that allowed the attached garage to be built to within 15 feet of the front yard property line along Kyle Avenue North. Information pertaining to this variance is attached. Variances The proposal requires a variance from the following section of City Code: . Section 11.21, Subd. 11 (A)(1) Front Yard Setback Requirements. City Code requires a distance of 30 feet between a deck or a covered front porch and the front yard property line. The applicant is requesting 2 feet off of the required 30 feet to a distance of 28 feet between the closest point of the proposed front porch and the front yard property line. Recommended Action Due to the general proximity of homes along Kyle Avenue to the road, the non-impact to the sightline along the front yard plane on the block, and the non-impact to surrounding properties, staff recommends approval of this variance as requested by the applicant. 'th'lV'gM-&- 2ct4o t~k.. fUN Co V )1t.f z..- L --........ ~ I I I I I !:lJ- ~ ~ \ "-- ------ ----- ------ ----- ELMD4LE p~ ~ lIJ I '0 ~ ~~ l \ ~~ ~~ dt~ _ -344-_ /6.0 t - - 26' o Denotes Iron Monument ROAD ~I II. ...1 ... ~ ~I ~~ , ',I ~~ .9.J,'1 !J23.~ 'i:l s ~~ .ft'i ~ll::ltJ \l)r;:)~ "R~ ~ 11):( /2.tJ lli, " ~ :15.5 " ~I II '<<I "I llil ~I "I _ -- .!!a1S.e ___I /2930 ;.2-~ ~~ \ ~ " ~ I ~ If ~ ~ IN Cl 1 K ~ I /~\_:~ JI I . --1.. ~ --- /.8 FeNCE ENIUJACHMENT - ~~CCOMBS.KNUTSON ASSOCIATES, INC. t' )~?~'"). COISUL Tin 11"IIlRS . lAIIO SUIVEYORS . SITI PlAIIIRS 11\ \~~.:-'! MINNEAPOLIS. HUTCHINSOII_ M....RSHALL. M1NNUOT.... I hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 9, Block 3, NOBLE-GROVE, Hennepin County, Minnesota. And of the location of all buildings. thereon. and all visible encroachments. if any. from or on said land. Assurveyed by ma this 19th dove! Ju:~l~.... ~o j ,-; " '.~' j . V iJ!nt/;// /J' D:;d:~/'" g~ Thomas's. Bergquist .() . Land Surveyor. Minn. Reg. No. 7725 CERTIFICATE OF SURVEY for !~~ Glen Ii 'U5chli/d SCALE JII:3O' lOOK PAGE City of Golden Valley Board of Zoning Appeals (BZA) Zoning Code Variance Application , 1. Street address of property involved in this application: G,c)\~ ~\~ f'NV S:~LL 2Cl\{o t 'lK_J\ve- JV ~(Y\ gf1U-c.r Name 2. Applicant: ,& 3 - s-LJ4-~81 Business Phone ~L-OC(\ lh~~ ~ ~St(?L City/State/Zip f(ps- 2(3- 70Q/ Home Phone Cell Phone 2Pf~k~ tJ Address .JSj:.(O",+rCictvrs ~q r4'1\\L.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. rv\1\~ \f\c~&cA. ~ 'o~~ (:00<.{(6 ~ooF- L.J\ L{)O~~~-to tjo a.w--\"'~ ~IS\';N) ~<rck. ~t'D. 'f;D~~-\o ~\c'" \Je.s\<j'i' ova.. ~ 9\ ~(,~ 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. 1\e -+("O(\~ eo'4'c.re+t ~-\-vop ~l-\S {'\o Couf..R.e.n !r')?.{,J'. ~~ .:t.-~\6. \ \ X;c..'-\u ~~D ~ 5 I .f~\W'e.-h COU:'JL~ ~-(?61 (j~~-\s ~ f\~ ck "e..~~~ M\X.. ---\\r.L {;A{'r-..e. "I~ wou \A CD<"---p\c\-1:. --\\-e.. \ooY oMY-L 'vx>V\~-e.. 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. ~Jn gf1\ACJ Signature of Applicant 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 R 0 b...{.;:r / V J^- n R. <1 et< Comment Signature 6?aP1 (..(~ Print Name JDt-\ N --\- CATe= Address ;2137 k :V ~1L- /f'vt,J ~ V fYW ~sy-z,1- DU bt A~ Comment Signature Comment Signature~ L Print Name /~ - lAI./lF 44tk:ill1I-f Comment ~ Signature · . ~ ~ I l:?~ ~/F. ../ Print Name Comment Signature Print Name Comment Signature Print Name Comment Signature Addres~ E:1-M-D~ f1 ~\! ( N\N s<7t-~'L DO Add~:~DEP :: <iff '300:> ~4 \(. ~~ IJo Address GG>\b- I ')lA\~ ~ 1...'( A Address L.-CZ] 1 11~ /{;-e jJ fr (j frL,IV,(Y1 Address Address ~ !-d !~ remove e"isting roof overhang at new construction entry roof construction: -2"4 rafters @ 24" a.C. -%" roof sheathing -IS lb. felt underlayment -asphalt shingles 2x4 gable end wall hang 2,,4 clgjjoists wI st!. hangers full birds mouth on rafter bearing provide 2xl2 blkg. in e"terior wall for new entry roof beam hangers . I I -contractor opl1on to I I bear beams in wall on I I ~ new 2x4 studs (1 I I ~ under each 2x10) I I -provide continuous I I blocking to footing I I t I 2x4 clg. joists @24" a.c. wI non-vented, pre finished metal soffit material clg. wrap e"posed beam wit meml cladding imensions given are a guide to allow fascias to line up -field verifY 4x4 treated posts -line up wI end of new concrete stoop (verifY wI contractor) 7' tlMT. .fute provide steel post anchors in footing for post bearing 12" round concrete footing -42" deep (min.) ,,' ''''] I ~ I I ~ I ., I I I ~ I I I I M I I I I L.J L.J ! · t 9' existing I I I L.J W new construction 1"\ ENTRY ROOF SEe A2 ENTRY ROOF SECTION ),4"=1'-0" @ 'ON ),4"=1'_0" @ FRONT ELEVATION Ys"=l '-0" ~ OJ.) ~ ~ <"l ~ ~ ~ ~ 15 V) S ~ ~ ~ ~ l:1 <: . oQJ>, ~u>.~ ~~<;i ~ ~ 0 >- S ~ ct 5 6<"l"O o ~ S =c: A2 o -< I <"l -b M Q LOGISMap Output Page Page 1 of 1 http://gis.1ogis.org/LOGIS_ArcIMS/ims?ServiceName=gv _ LOGISmap _ OVSDE&ClientV... 6/1112010 -~~ , I .., - .~ ' ~. i., ~<,:.."'" 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I ". f i, t jI " ;;f~ , I ! '.,f i, j' 'iI 4'';' ,4 '~f I +1' ~ ..~ 'f. I",'t ."<,, ' '~:>i. ,.' ~ .'1f .. ""'..~' an ... *~t." . ,/J g"~ ,~. .." . ( ; , t . "" \ " "1'~ . f ~ . . I, . , , i '4ft . ) ..". ,i, , , ~ , Board of Zoning Appeals Page 7 Apri 1 14, 1981 ~hlo..n S we. d.berg move..'d.'.t~~p~ t.... he. waiver, ~~.~ed~ In. dO.'lng do he stated he loc '0 of the :1rft i~g bu l\.d i ng and tJil'E! add I t Ion re not ~rs I a I and o no appea to ha e a negative ~~ surrounding p ~s.'--. and upon vote carried. Residential North The Petition is for waiver of Section 3.07 (1) front setback for 20' off the required 35' setback at Kyle Avenue to a distance oflS' from the lot line to the proposed garage and for 30' off the required 35' setback along Elmdale Road (platted but not developed) to a distance of 5l from the north lot line to the proposed garage addition. Mr. Hauschild was present. Signatures of approval had been obtained from all surrounding properties. Elmdale Road is not developed, however, at this time it is not the intent of the city to vacate it. This then requires the 35' setback along the north lot line. 351 is required also on Kyle Avenue side. Mr. Hauschild explained the difficulty getting out of his present tuck-under garage which is entered from undeveloped side of Elmdale Road. The topography slopes' considerably to the east and in the winter is difficult to travel out of. The Board noted that several other waivers had been granted for setback along Kyle Avenue and one of the /:Tear neighbors who recently had completed his addition was present and spoke favorably for Mr. Hauschild's proposal. Glen Christiansen stated that many of the properties along the east side of Kyle Avenue have difficult terrain at the rear of the property and most have a hardship for any development or use of their property in that direction. Following further review of the proposed location of the attached garage, Mike Sell moved to approve the waivers as requested, second by Art Flannagan and upon vote carried. The r of Section 3.07 I off the requi red 20' rea r setback to a d is tance : , from t~.sdUth"i'o't 1 I ne to the proposed decks i home. '" . , JVIarch 24, 1981 City of Golden Valley Golden Valley Minnesota Gentlemen: The reasons for asking for variance to construct a double garage on the front and side of house at 2940 Kyle Avenue areas follows: I have res ided here since 1952, and have a~ways maintained Elmdale Avenue as shown on the plats where it extends from Kyle. The enlymain- tenance the city has contributed to upkeep was about five to seven years ago when the drain or culvert approaches were changed and they did put a recoating Job in the area around the culvert. In all the years they have never plowed the snow, because the snow removal crews say they cannot go into a dead end as this, with no turn around and that the hill is too steep to back up again. In fact many years ago, when Arnie was in charge of street crews they tried it several times and had to get another truck to pull them out each time. I feel that what shows as Elmdale Avenue from Kyle cannot and will never ue used as a street as it leads to nowhere, except the swamp below that is in Robbinsdale. I feel that I cannot handle the snow removal on Elmdale any longer, due to my maturity. I do not want to park .y cars on the street during storms as I have done in the past. I hope the board can grant me the permit. Thank you. Yours very truly, ~d ~q<f-b /~~ 1 0-06-04 2530 Winnetka Avenue North Semper Development Ltd., Applicant MEDICINE'LAKE'RD 81~~ {... I SU~ject Property 25TH AVEN 81$9 i ; i 2480 I , I r---- i 2480 8101 2485 2400 2405 2445 w i 2450 ~i gJi w , 244Il 91 ~l 238iO 238S 8iI4O 8OZO 2425 236lI 236S 2400 JONELLEIt LN It 234ll 2345 lIl)45 !lOlS 8005 :1 i l:mo , i ~:20 i 8100 I 8iI4O 8020 8000 WV"iNW~I?_~,l) I 8135 23ZO 810S lIl)45 8015 2315 ~ ~i :>:!l "" >! <, m! I " 2300 $140 8100 8iI4O 8020 8000 "' 2550 (j (j\ ~<il{~ I' (j)'ji iilril' ~ii> (jl ij\ (j) (j) (j (j (j) (j) ~@ ~@ (if (j (*' (j> <I ,it> 7751 @ 2461 2415 z ~ cl; <( :.: ... w Z z ii: :II: 2480 2485!ll cl; I , ~ '-----........L~~---_1 !!l ~ ~ c:t 24O!l 2430 2337 2325 28 2300 i I -' 1b~1:lJ : EJ n~ 1- ] Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: June11,2010 Golden Valley Board of Zoning Appeals Joe Hogeboom, City Planner 2530 Winnetka Avenue North Semper Development, Ltd., John Kohler, Applicant To: From: Subject: Background Walgreens, Inc. is proposing to construct a new store at 2530 Winnetka Avenue North. John Kohler of Semper Development Ltd., which represents Walgreens, is seeking a variance to locate the store building within the required landscaping area on the property. City staff has been working with Walgreens developers for the past year concerning this project. If approvals are given, the Midas building would be demolished and Walgreens would be constructed in its place. All other buildings in the area would remain in place, as they are not affiliated with this project. Walgreens would like to locate its building closer to Winnetka Avenue than the Zoning Code allows. Doing so would enable better internal traffic flow, better access to the proposed drive- through facility, and better access for pedestrians along Winnetka Avenue. In addition to seeking a variance, this development also requires a Conditional Use Permit and a Minor Subdivision/Plat approval. Those approval processes are currently taking place with the Planning Commission and the City Council. Due to the re-platting that must occur simultaneously to this process, Hennepin County is requiring that additional land be dedicated to the right-of-way of Winnetka Avenue. The County has stated that it may elongate Winnetka Avenue's left turn lane onto westbound Medicine Lake Road sometime in the future, and it needs additional right-of-way from this site to do so. (The Golden Valley Public Cemetery is located across the street, and no right-of-way may ever be taken from that site.) This acquisition of additional right-of-way creates a new west property line that will be further from the existing street curb than is the existing property line. This increase in right-of-way area contributes to the amount of distance requested for this variance. Variances The proposal requires a variance from the following section of City Code: . Section 11.30, Subd. 6(A) Yard Requirements. City Code requires a distance of 35 feet of landscaped area between road and a building or parking lot area in the Commercial Zoning District. The applicant is requesting 14.2 feet off of the required 35 feet to a distance of 20.8 feet between the closest point of the proposed building and the front yard property line. Recommended Action Due to the taking of additional right-of-way, as well as positive impacts to this site if the building were located closer to the street, staff recommends approval of this variance as requested by the applicant. VARIANCE APPLICATION FOR 2530 WINNETKA AVE. #3. Project Description Weare proposing to redevelop the property into a Walgreens Pharmacy. The redevelopment will require the demolition of the existing Midas auto repair building and existing site improvements associated with that structure. Our proposed site plan is attached to this application. The proposed plan includes 2 primary access driveways on Winnetka and a 3rd access drive going to the east along the south side of the VFW property. This 3rd access drive is within an existing access easement in this location. The northern access drive on Winnetka will function as a right in right out while the southern access drive is proposed to function as a full movement access. The 3rd access to the east is proposed to serve as a lower volume access serving the immediate neighborhood to the east allowing them access to the site without having to go out to the higher traffic streets. Parking for the project is located to the north side of the proposed structure with an additional row of parking behind the building to the east. 58 parking stalls are required by the code for this project and we are providing 58 stalls. The parking layout is designed to allow for good internal circulation with a minimum of internal conflict points. Within the proposed site there is a Drive- Thru Pharmacy pickup window located on the east side of the proposed building. The layout of this area was done to allow for access and exiting for the drive-thru from all three of the access driveways. This layout allows for simple turning maneuvers as well as a good separation of the Drive- Thru from the drive aisles. The service area for the building is located along the south side of the structure. The primary Walgreens delivery truck comes once a week and is there for approximately 3 to 4 hours. The trash enclosure for this building is located on the western end of the service area with the open end facing east, away from Winnetka. The front door of the store is located in the northwest comer of the proposed building adjacent to Winnetka Ave. This location allows for easy access from the parking area as well as direct access from the public sidewalk directly to the front door. 4. Explanation of Hardship The project we are proposing requires the platting of the existing property. With the plat the county is requesting some additional right of way to straighten up the lot line adjacent to Winnetka. The original plan we developed anticipated this right of way dedication. It will give the county an even 42 feet of half right of way along the entire west side ofthe property. This dedication will move the west property line 9 feet east of the right of way line of the property directly to the south and 2 feet east in the center portion ofthe site. The original plan we were proposing anticipated a similar right of way dedication, stayed within the setback lines and did not require a variance. The original plan was tight and required us to locate the drive-thru between the building and Winnetka, on the front side the building. This was done to accommodate safer circulation on site. After a number of discussions with the planning staff we revised this plan with an alternative plan that would require a variance for the building setback only but allowed us to relocated the drive-thru to the east side ofthe building in the location that it is currently shown. This layout not only accommodates the safer vehicle circulation, it also relocates the drive- thru away from the front ofthe building and creates a much more pedestrian friendly and urban layout for the project. Pedestrians entering the site from the public walk would no longer cross any drive aisles to gain access to the store. The proposed variance for this project will allow for much better traffic and pedestrian circulation all around the site and allow the building to front on Winnetka without any drive aisles or the drive thru facing the street. } 1 I 1 1 1 1 1 1 1 EXISTING BUILDING I I I I 11/ ~II/ ~I ~r I I 1 1 1 I I I I 1 I I /1: I --I : I I I . I : m____]_: _Ji , - 1 lee ~ 0 - - ~_---=OL ,;l ~--- ~ EXISTING BUILDING DAIRY QUEEN 7840 COUN TRY ROAD 3D ~ METAL UD---~~ I J L/ 'I -~X-X-X-X-X-X_X~_X' . .', .',' WOOD FENCE J ~.Ir~----------- -------- ; , .A- PROPOSED CURB & GUTTER \~.:4-1 / I MATCH EXISTING CURB ,\ II II PROPOSED CURB & GUTTER MATCH EXISTING CURB 'I \','k~J1., V" II' 'NO '~~g:~ ~~t. ]1" EESTANDING SIGN .~l-~' .......1- "I ,~_ ~5 _I '. 1-1- 1..,4 ~t5.J D:::i:t= + , ' I ~, I j I: III II m, \11 I PROPOSED CURB111 II r:r;I!r. II II P~I~~:~~: JIM I :Z II'm" I' I UJ>" \.0 /1": I.f'\ I I UJ < '"": Ij 1....1 < 0 11--1 ~ a::: 'I .......1' I- "I . ~ 811~.'1 z I~) <> 3: -Jr, NEW RIGHT-OF-WAY I..... I .' PEDESTRIAN CURB RAMP (TYP) G)!-sTOP' SIGN' FREESTANDING SIGN '; <.> ~ ~ " ~ GV' ~+ f9; 1 "1 :~~~~D M~~~~ '\ EXISTING CURB EXISTING M~~{~ ""\ 'lI 'F:-- I~ t.~ '" 0 .... .~ 'llJ t:lLtf1.Jl.(Z e<<4.,4' GONCRETE . ..' 14,490 SF. t. 105' X 138' ~~~~ 58 SPACES " FFE = 909.40 ~ 2584 WINNETKA AVE. N. ~l~ II T-TII@ ~~~6N S1~~~ING 0) I ACCESS PAVERS in .... N ~ '-- PROPOSED BITUMINOUS-...... SURFACE "'" +- ~, ,>-, c~ ~~~~~U(:YP) 18' @ );: 2S' o +- .... g' ~ ~ @ -~ 4 XV! I I I \~ c"u'^"~,,~ CO.l ~.1 ACCESSIBLE SIGN 'STOP' / ..../ & POST '00 NOT ENTER' FREESTANDING SIGN 1 ACCESSIBLE PARKING @ 3" SIZE &: MARKINGS CURB AT CO.D BUILDING 15 PROPOSED 14.92' I ~I ~I i!!1 lJjl inl "'I 1 I I I I LINE OFI CANOPYIABOVE I I I I I hr tl:~" , , ~ ~OADI~~A~E\.i. "_'-. '4 ~-CO~~RE~PA~M~T~ :'4 ~.. -. ~ ~.' " 1::-:....; +- CO.O 10 PAVEMENT PAINTING (TYP) 1 \.:IRETAI~ING WALL g' >f-"-->( TYP ~0" ml~ q..~O. 25' " ~; ! t ;. <c, ~S' T)-p R'2.~'~ .1 ,~, PEDESTRIAN CURB RAMP WITH DETECTABI) WARNING PAVER TYP.) .:, O~ ~ I/~..........."'~." ; -, --~~, -0, ~4 ~40 -?j~ ';.~ . ~ STOP'/ DO NOT ENTER' REESTANDING IGN ;0' 18' ;~~~I~~~DS \ SURFACE @ ~ t r~ ,. ININ t NOTES 1. BACKGROUND INFORMATION TAKEN FROM BOUNDARY AND TOPOGRAPHY SURVEY PERfORMED BY CORNERSTONE LAND SURVEYING, INC , STILLWATER, MINNESOTA, ON APRIL 14, 2010, EXPRESSLY FOR THIS PROJECT, RHO CANNOT GUARANTY THE ACCURACY OR COMPLETENESS OF THIS INFORMATION VERIFY ALL FIELD CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVAllON/CONSTRUCTION. IF ANY DISCREPANCIES OR UNKNOWN UTlUTlES ARE FOUND THAT IMPACT DESIGN OR IMPAIR CONSTRUCTION, THE ENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED. 2. DIMENSIONS SHOWN ON THIS PLAN ARE TO FACE OF CURB AND EXTERIOR FACE OF BUILDING UNLESS NOTED OTHERWISE. 3. MEET AND MATCH EXISTING CONDITIONS. PROVIDE TRANSITION AS NECESSARY. 4. ON~SITE CURB TO BE B612 CONCRETE CURB & GUTTER. MATCH EXISTING CURB ON CITY/COUNTY STREETS. @ SEVEN-BIKE TUBULAR STEEL BIKE RACK. PROVlDE 5' ACCESS AISLE BEYOND PARKING AREA, BOTH SIDES OF RACK, @ YELLOW PAINT STRIPING (TYPICAL). BLACK OUTlINE ON CONCRETE PAVEMENT. ACCESSIBLE AISLE TO BE HIGH QUALITY YELLOW DIAGONAL PAINT STRIPfNG. ACCESSIBLE SYMBOL TO BE BLUE. (]) SEE ARCHITECTURAL PLAN FOR MANUAL READERBOARD PYlON SIGN INSTALL CONCRETE BASE FOR SIGN AS SOON AS POSSIBLE. 8. MAXIMUM CROSS SLOPE 1.S%. ON ALL WALKS. 9. SEE XXXX FOR LOCATIONS AND SPECIFICATIONS OF ORNAMENTAL LIGHT. ~ 0' SITE PLAN SUMMARY ZONING; COMMERCIAL DISTRICT ~ ~ REQUIREMENT BU!LDING SETBACKS 35' FRONT 20' 18' I I I I " < . I I I I .: I I I I I I , ~ BUILDING & TRASH 13,220 SF. (0.30 AC.) 14,667 SF. (0.34 AC.) 20% 23% 38,344 SF. (0.8B AC.) 36,106 SF. (0.83 AC.) 58% 56% 14,289 SF, (0.33 AC.) 13,294 SF, (0.30 AC.) 22% 21 % PARKING SETBACKS 10' FRONT OR STREETSIDE 10' SIDE OR REAR 10' la' r?l~ k;;( 00 SIGN SETBACKS 10' la' EXISTING BUILDING VFW PARKING SUMMARY REQUIRED PARKING 1/ 250 CSF 58 STALLS 58 STAllS 3 STALLS 47 STALLS 8 STALLS PROPOSED PARKING 8'X18' ACCESSIBLE STALL 8'X18' STALL 8'X20' STALL @ AREA SUMMARY EXISTING PROPOSED 65,853 SF. (1.51 AC.) SITE NEW RIGHT-OF-WAY BALANCE IMPERVIOUS 51,564 SF. (1.18 AC.) 78% 1,786 SF. (0.04 Ac.)1 64,067 SF. (1.47 AC.) 50,773 SF. (1.17 AC.) 79% ,?-<jO' PAVEMENT (PARKING & WALK) PERVlOUS PARKING AREA INTERNAL PERVIOUS AREAS 22,278 SF. 1,130 SF. (5%) SITE PLAN SUMMARY 25' 'II II III I I I I I I PROPOSED CURB & GUTTER MATCH EXISTING CURB ~ n II - - PROPOSED CURB & ~~~~~U_ MATCH EXISTING CURB <0 , ---~---------------------------jl "l'i' ~ ~ . ~ 'STOP' SIGN' FR~TANDING SIGN PROPOSED CURB & GUTTER MATCH EXISTING CURB ~ c:=:2I HEAVY DUTY BITUMINOUS PAVEMENT (TRUCK ROUTE) CONCRETE PAVEMENT ~ o 20 40 ~N FEJ NORTH ~:--.. ~ I CAMBURAS& THEODORE LTD 2454 E. DEMPSTER STREET DES PLAINES, IL 60016 DRAWINGS/SPECIFICATIONS BY: o WALGREENS'CONSULTANT . LANDLORO'SCONSULTANT ALL CONSTRUCTION WORK, UNLESS NOTED OTHERWISE, BV: o WALGREENS' CONTRACTOR . LANDLORO'S CONTRACTOR (TURNKEY CONSTRUCTION) STORE NEW.. .... REMODEUNG, . , . . 0 RELOCATION. , . .. 0 OTHERS .. .. .. .. 0 BUILDING NEW.. ... EXISTING .. . .. .. 0 NEW SHEll ONLY . . 0 SDL SEMPER DEVELOPMENT LTD. 80 SOUTH EIGHTH STREET SUITE 1275 MINNEAPOUS, MN 55402 rI~ P.O. BOX 357 LONG LAKE, MN 55356 PHONE: 612-382-4804 FAX: 952-476-0876 www.RHOdevelopment.com Development Consulting CERTIFICATION AND SEAl I HEREBY CERTIFY THAT nus ~~ PLAN AND SPEClFICA TlON ~ WAS PREPARED BY ME OR ~ UNDER MY DIRECT SUPERVISION AND THAT I A DULY REGISTERED ~ Stephen M. Jof1ns1on ~~~~s:.eONAL.E REGISTRATION NO: 18914 STATE OF AS DATE: 05128110 SIGNIFIED AND AND ___ludlgltul~u<llon"'o.1ghl SEAL ~~eo:.:=_1I _uponrellual. ~ PRELIMINARY SUBMITTAL DATE DESCRlPTlON DOCUMENTISSUE~BENCHMARKS STORE # XXXXX PROJECT NAME WALGREENS STORE WINNETKA AVE, N, (CO RD 156) & 27TH AVE. N. GOLDEN VALLEY, MN DRAWING TITLE SITE PlAN CADD PLOT: SCALE:~ I DRAWING NO DRAWN BY: PS C11.()933 VOID PLOT: C1.1 RELEASED TO CONSTRUCTION: REVIEWED BY: SMJ PROJECT NO, 10XX-OO re~' C; , 2/3 / fU OF ~ 1'-4- - 9'-O~ 36'-0" 16'-7" 7" 1-1 , '" ~I~ ~I PAl1ENT SERVICES """ \.. ",7" r- I I I I I I I I I I I I I I I I I I I I I I I I I I ~ I I I I I I I I I I I I I I I I I I I I I I ,I ~ n= , ~ r+- I-- "----' ~I ~I ~ ~~I~S I<-- Q"""""R ,~~~. ~ tt~tl> _1' EI 5'~10' "'"~ . .,' ~.../" "",..lm ~I aE&ilY r-- f--- , ~I ( ~ I ~I 12'-9" l a'-o" cp 105'-0. 35'-6" 5'-0' 28'-5" I , r ... J'-O' 82'-1'" 8'-11" 8'-11' ~ ~ ~ :1 ~ n= HI- t-+ n= n= t! _ JIL--~ I=~ _mlf~ _m_~:g INN N N N N "----' I ' 'f GENERAL SALES 10 CD.tfG HT . 13'-0" AF.F. I UN OFFlOORlMCOiN<lCE 111 ~ '---' f94116 " ~ it'l'15'_6" ~~ ~;., ~_. ;., ~l H:t I i 1;;1;1"11 .J!l t-+ gl~ ~_1- r ~I" I 0--- I ';,. I-- r r---,r~' F1 ~ ~ t-+ ..--. 111 ~ l L.:!.J "I #J8 J "v ~I ~TJ0481 l.!.:~_J ,''-'-'-'-'-11.-,-, R ~:L 2 "'::::"" --1--1--1 15'-6" 1 17'-0. 1 LANE DRIVE- THRU cp SEE ARCHITECTURAL 2 DRAWINGS FOR EXACT LOCA TlON OF AWNING fo cp 7"5'_0. ~- ,", rl~ 15'-10" ," 15'-2" J'-O' f'C", I ""'8 [j~mmm__ Ir----1 W-~ -0 I .-- .""w :.,\, l' .... ON~ ;., /~\E}!~ . ~ io~ ' ._.," ~ il~ j- ..___~.. <..> \D l\il~- I--' '-11" 10'_4.'" I I :l~ I ~ 1 '" ,I ~ I I I I I I I I I "11- ~ ~ ~t- 18'-10' ....... - ~ I I i HI- r tt "~---itl)H -~ II N m- ~I 1947 lu~.J \I 10 NN "'~ um.. ~E"~ ~ N N ~ ~ u ~ ~ MS249612C I; r;;;"1 rH I 1-.-1 : 1:>8: nm um I ~I ~ 1 4'-'" 1 I- sa r~ :ra:1 1.'-5" sa I-lI- I I IH- I- sa I---- -J I f- ~ ~- r EI.illBlk&. ' EllllIEYEIII' QIU&.L , I===' sa : SfBItlISWl ~~, lllllIM~ ~~ , 9j<n! __n' ~ \t=..f:. 15'-6- 9'-4" 20"-r I!: . 4" ~ -0 , "" , "'I " 11 -0 ~I ~ , ~I f----+-- ---0 ~I , ;;; --0 -I ~I ~ ~ ;", ~, ;.. -0 * A.DA DOOR CLEARANCES . ~'.................~...............................................,..," . .... ........ .~ .1"' ..1'-0. "ACCESSIBLE REQUIREMENTS MAY VARY WITH LOCAL JURISDICTIONS & APPROACH TO DOOR SWING "BILINGUAL SIGNAGE" INTERIOR HANGING SIGNS GENERAL SALES AREA: ALl.. stGNS@ 10'-e- TO BOTTOM OF SIGN UNlESS OTHERWISE NOTED. AISlE MARKERS @9'-6"TO BOTTOM Of SIGN. SIGN "e" BEAUTY ARC SIGN (9'-4" TO BOTTOM OF SIGN) SIGN"L' liQUOR I THANK YOU SIGN "PH" PHOTO SIGN (9'4" TO BOTTOM OF SIGN) SIGN.,.. STORE HOURS SIGN SIGN "GC" GREETING CARD SIGN SIGN"O" DOWNTOWN CHECKOUT LANE # SIGN 'CA" CALIFORNIA ACCESSlBIUlY SIGN (8'-0" TO BOTTOM OF SIGN) SIGN "ADA" SYMBOL OF ACCESSIBILITY PHARMACY DEPARTMENT' REFER TO FIXTURE PLAN FOR REQUJRED SIGNS SIGN oJ" PICK-UP PRESCRIPTIONS SIGN "K" DROP OFF PRESCRIPTIONS SIGN "M" PRESCRIPTIONS SIGN SIGN"P" PHARMACY SIGN (9'-4" TO BOTTOM OF SIGN) SIGN"C" CONSUlTATlONWlNOOW SIGN"TX' T. A. S. ATTACH SIGNS TO UNDERSIDE OF CASED OPENINGS. REFER TO AXTURE PLAN FOR SIGN lOCATION. PROVIDE (2) HOLLOW WALL ANCHORS PER SIGN. SCREW THREADED EYEBOLT INTO ANCHOR. HANG SIGNS FROM EYEBOLTS WITH'S" HOOKS. GENERAL NOTES GENERAl SALES AREA: 1. PlEASE PROVIDE PROPER A.DA. CLEARANCES ON BOTH SIDES OF ALL DOORS 2. MIRROR ON REAR WALL 3. BEAlfIY CORNICE 4. SALES AREA CORNICE (FIXTURE MOUNTED) 5. PHOTO CORNICE (FIXTURE MTD UNLESS NOTED) 6. CARPET TILES & DESIGN LINKS FURNtsHED AND INSTAlLED BY WALGREENS (WHEN SHOWN) 1. MASTER-BIL T REACH-lN REFRIGERATION: MODEL TEM. ENDlESS REACtf.lN REFRIGERATORS AND MODEL TEL. ENDLESS REACH-IN FREEZERS (ADD 2" AT EACH END. FOR END PANELS) A TE~24141/4"WX313f4"OX8O"H B. - TEL-3-24: 14 1f4"W X 31314"0 X BO"H BMGIBl.G SERIES - SELF CONTAINED REFRIGERATORS AND FREEZERS C BMG-14: 78"W X 35 3/8"0 X 19"H D. - BLG-74: 18"WX35 318"'0 X 79"1-1" sMa SERIES - SELF CONTAINED SLIDING DOOR REFRIGERATORS E. 5MB-580: 1fYW X 32114"0 X 161i2"H BACK-UP REFRIGERATORS AND FREEZERS F. TAc-48HO: 5TW X 35 314"0 X 80 1f2"H G. - TA~8HD: 52"W X 35 3WO X 80 11TH 6. MASTER-8IL T WALK..,., COOlER: PROVIDE 9 #l000R COOLMASTER DOORS 26 314" X 13" EACH AND 6 #100FR FREEZEMASTER DOORS 26318" X 13" EACH BY ANTHONY A. _ OOOR(S): FOR EACH DOOR PROvtDE (1)_'0 BEV...Q.fl.OW GRAvtlY SHELVES: UPPER (5) 'MTH suoes AND LOWER (2) 'MTH ROlLERS COMPlETE WITH UPRIGHTS B. 9 DOOR(S): FOR EACH DOOR PROVIDE 36"0 8-()..f NYlA-l1TE SHELVING SYSTEM C. _ DOOR(S): _'0 ROLLER CONVEYOR AT FLOOR LEVel D. 6 OOOR(S): FOR EACH DOOR PROVIDE 2T'D ANTHONY SHELVES E. _ DOOR(S): FOR EACH DOOR PROVIDE (2) Z'rD ANTHONY SHELVES AND (4) 36"0 MERCHANDISER SHELVES F. _ DOOR(S):'-:D DOUBLE DECK ROLLER CONVEYOR 9. ICE CHEST BY VENOOR 10. CART RAILS WfOlSPLAY SHELF & SLAT WALL ABOVE 11. PROVIDE A e-H BLACK VINYL BASE AT ALL CHECKOUTS 12. ELECTRONIC ARTIClE SURVEILlANCE SYSTEM PHARMACY DEPARTMENT: 13. PATIENT SEATING AREA; (6)SEATS&TRAFFtC CONTROl FIXT1JRE 14. PROVIDE FRAMING FOR 3'-6~ X TH OPENING FOR FUTURE DROP-OFF WINDOW 15. COMPUTER TERMINAL 15A: INTERCOM PLUS TERMiNAl 15C; TRAINING TERMINAL (IN TRAINING ROOM) 16. RX SINK AND CABINET 11. CRX CABINET 18. RX REFRIGERATOR 19. PROVIDE A CARPETED FLOOR WITH A RUBBER RUNNER. RX UNDERCOUNTER INSERTS: #1 . RX 3 DRAWER VlAlINSERT #2. RX 3 DRAWER RLE INSERT #3 - RX OPEN INSERT #4 - RX CONSULTATION COUNTER UNIT #5 . RX PRINTER INSERT 116 - RX 5 DRAWER ALE INSERT #1 - RX OPEN INSERT WITH CPU SHELF (39"H CNTR) #1A - RX OPEN INSERT WITH CPU SHElF (34"H CNTR) #8 - RX OPEN CABINET (39"H CNTR) #9 - RX 10 DRAWER F1l.E CABINET OFFICE: 2O:"'PROVIDE TILED FLOOR & VINYL WAlLCOVERING 21. UNDER COUNTER SHELF UNIT 22. PRINTER 23. LATERAL RLE 24. OFFICE COMPUTERS 24A: P.O.S. TERMINAl 248: AS400 TERMINAL 24C: OFFlCE P.C. 25. TtL..L LOCKER 26. SAFE 21. TV & VCR (IN TRAINING ROOM) STOCKROOM: 28. NEST-A-FLEX CONVEYOR 29. GRAVITY CONVEYOR 30. POWER ROLLER CONVEYOR 31. SEE ARCHITECTURAL DRAWINGS FOR EXACT LOCATION & POSIT1ONING OF COMPACTORS 31A: TRASH COMPACTOR 31B: BALER 31C: CARDBOARD COMPACTOR EMPLOYEE ROOM: 32. EMPlOYEE LOCKERS: (1)48' W COAT LOCKER WI PERFORATED DOORS, (6) 6 TIER BOX LOCKERS & (2) ADA LOCKERS WI SAFETY VIEW DOORS 33. 6'..o"W X 2"-2"0 EMPLOYEE COUNTER WI (1) CABINET 34. EMPLOYEE ROOM REFRIGERATOR (PROVIDE 32" ClEARANCE WHEN NEXT TO COUNTER) 35. EMPLOYEE ROOM SINK (IN COUNTER) 36. 5'..0" MIRROR CENTERED ON WALL ABOVE COUNTER MISCELLANEOUS: 31. "E- - ELECTRICAL OUTlET FOR FUTURE USE 38. VENDOR RACKS: REMOVE BASE DECK & SHOES: (END PANEL TO REMAIN) 39. PROVIDE OPENING FOR ONE-WAY GlASS (SEE INTERIOR ELEVATION FOR lOCATION) 40. NEWSPAPER RACK BY VENDOR 41. PICTURE CARE PLUS TERMINAl TOTAL BY LINEAL FOOTAGE 11346 LN" FT. FRONT WAlL SHELVING (INCLUDE 54' HIGH WAlL AT PHOTO) 51 LN. FT. BEAllTY WALL SHELVING 84l.N. FT. REMAINING WAlL SHELVING (BACK & SIDEWALL, RXSEATlNG) 92 LN. FT. BACK GONDOLAS 624 LN. FT. FRONT GONDOLAS 288 LN. FT. HAlLMARK SHELVING 132 IN. FT, BEAUTY GONDOLAS 36 IN. FT. COOLERS 20 LN. FT. 13 LN. FT. EXECUTIVE APPROVAL SENIOR VICE PRESIDENT FACILITIES DEVELOPMENT SENIOR VICE PRESIDENT STORE OPERATIONS VICE PRESIDENT STORE OPERATIONS REVIEWED BY: Iq<<-- MS 10.09.07 DATE FIXTURE LEGEND G GONDOlA (EA. SIDE) GE 18 GONOOLA O. END ws WALL SHlVG 1818 36 66" D. w. H. AlL OTHER FIXTURES ARE TYPICALLY 39 66.1 ~~~~ ~:L~ BY W. H. DT DISPl..AY TABLE 30 48 D. W. 36 84' W. H. 18 0_ "DOES NOT INCLUDE STANDARDS, WOOD GROUNDS OR FINISHED END PANELS iUtUg.II..eIUU. FACILITIES PLANNING, DESIGN, & ENGINEERING 106 WILMOT ROAD DEERFIELD, IL 60015-5105 PROJECT DATA GENERAL $ALES . MARKET . .1 PHARMACY . SECURrTY m 01 PHOTO . 24 HOUR STORE 0 01 UQUOR 0 OTHER 0 SQUARE FOOT AREA SUMMARY 2ND FLOOR EXISrG TOTAL NEW 11,3461 1996 TOTAL EXSrG TOTAl AREA: FIRST FLOOR TOTAL AREA: OTHER LEVELS GROSS AREA INCLUDING All DEPARTMENTS & All lEVELS: DEPARTMENT ~ sALEs tExisro NEW MARKET RX RX WAlrG I EXISrG PHOTO EXISro LIQUOR ~ EXlSrG 8SMT RX SHELVING LINEAL FEET: NO. I DATE I BY SALES 8938 TOTAL NEW 12,082 900 900 ~ " m8 ~ ~bJd- EXlsrG NEW EXlsrG 728 728 NEW 345 345 NEW 435 435 NEW 1148 14,490 l~SQ.FT. OSQ.FT. 14.490 sa.FT. 89 LN.FT. DESCRIPTION ICONST REVISIONS CERTIFICATION AND SEAL I HEREBY CERTIFY THAT THIS PLAN AND SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERViSION AND THAT I AM A OUl Y REGISTERED ARCHITECT OR ENGINEER UNDER THE LAWS OF THE STATE OF ILLINOIS AS SIGNIFIED BY MY HAND AND SEAl. STORE NUMBER" PROJECT NAME WALGREENS STORE (SEC) WINNETKA AVE. & 27TH AVE. GOLDEN VALLEY, MN DRAWING TITLE FIXTURE FLOOR PLAN CADD PLOT: 1 SCALE: 1/8'=1'-<)' I DRAWING NO. 12125-D1.06-23DECOS SUPERSEDES PLAN DATED: DRAWN BY: VOID PLOT: 1 D.PRATT 12125-01-QSo09NOV08 DATE: 10109107 D1 OF DWGS. DANlB.LE PRATT Il/'lO/llOOlIQ:07 AM E:\WAl.fOREEN5\ClOl.llOl V"lLEYVEF\1EMP FIXTURE "-"" REVIEWED BY: 10 12 13 11 +~([V~2~~~.T~_____- --- -+-~~~~:-~.~~J._._._. .itt~f~~~L9~~.___._. ------- 1.-1 NORTH ELEVATION. 27TH AVENUE ICAUI fir . f.... +~~J-~i2~.~~-------- ~~v~~~~.~~~L_____- -.W~v~A~~.f~~~__._-- G.1 WEST ELEVATION. WINNETKA ICAUI fir. f..... +f~V~2~~~}-------'- - .1~Er~'e{fll!_~SE__----- -------- D-1 SOUTH ELEVATION. LOADING ICAUI fir. f..... A-1 EAST ELEVATION - DRIVE THRU KAU!I fir . f..... 10 11 13 12 ALL DRAlIlKGS AND '~ITTE. W~THIAl ~PPEM'~C HEHI. CONSTITUTE IHE OHIGlMAl AHD UHPn"SHED WORk OF THE A~C~ITECT. AHD THE s.lHE HAY NOT n DUPLICATED, USED ON DISCLOSED '"~our THE IUITTEN CONSENT OF THE ARCHITECT. COPYRIGHT. CU8UU, , !HEODOU. LID. 14 _._._.-ti~v~fJ,~:'~~!~~~ --lliv~2~'~'~!~~~~ .-.-.----m~~12~~. '-'-'-'---'-'-'-' -'-' I9fE~/~~~. - - ... - - - - -. - - - _10f_QL~t~i.:fij~'" - -'-!~fui!Sf-~f.'" -----~~~~l~.~-~r,-+- _______ . JOf. Qf_~~~~~~~~~+ . ----.--!~[fEr~~~... ------ "H___""___' ~~~~~Lr/.~4~'-+ .~_~ _~ _ ~_~_~_~ _19!,.Qf_~~~~~~~~", 14 15 EXTERIOR ELEVAnONS KEYED NOTES CD UTiliTY SIZE FACE BRICK. 113 RlHlNC BONO COLOR 01. Y.4H<[[ Hll,COLOR 'tIGHT ffl)H SPOT", TEXTlRE-VElOUR <D UTIliTY SlZ[ FACE BRICK. 113 RUtDIG BONO COLCA 02. YNf<EE IilL,COlOR "BEIGE", TEXTLm:-VELOUR @ ~~~~TTY i: ~~f",~~~~~~" IN COLOR 01. Y,lfiKEE HIlL, COLOR @ ~~:" ~T~V~R."SOLDER COORSE" IN COLOR 02. YNoI<EE HU, COlOR o ~~T~~~To?OI\[ WINDOW SIll TO MATCH EITff:R IIRlCK COlOR ()) EXPNiSlON JOINT WI BACKER ROO Atil SE:.li.NH- COlOR TO WATCH .f4lJACENTt,lATERIAL.SEE DETM. A-14 AtC) SPEC, SEC. 04200. @ WJLGREENS SCRIPT SIGN. SEE S1HT AS.2/0-9 FOR OETALS. (]) NIlIVIOOJL LETTER SIGN. SEE SHEET ~.2ItH FOR DUAlS. @ WINIlOW SIGN. SEE OElAl ON SlUT AS.2. @ "ClEARNa" SIGN. SEE StEET AS.21K-9 FOR llETM..S. @ WAll-MOUNTED W.li.GREEN GRAPItC. SEE SHEET AS.3tH @NA @ SlGNCOtl!, LOCATION CE FEEOS,TRN6 C1.EARSrERBEN.l @WA PRIOR TO F143RICATING .ANY SlGNS,FIELD VERFY THE BEAMS LOCATED BOHl SIGNS SO THAT SIGN ELECTRICJL . C.AN BE PROPERlY LOCATED IN OROER TO SEESHfETSA2.2,A2.38<A2.4. @ RMoI HLO AT DOOR QPfNlNGS. SEE P~NT SPEC. 099'10. @CEDARSlATFENCETOTEN(JBAl.EENClOSURE. @P1PEBOlLARO-SEESlt:ETCO.O/H-lONIIDSHEETSAl.I,M.4.&St1. @ 36" HGH fLEXIBLE DELINEATOR POST. FASTEN TO CONCRETE WITH BOLTS. SEE StffT AU FOR LOCATION. @) W:TJL DOORS " FR.aAlES: P~T TO \lATCH BRICK. SEE P~T SPEC. 09910. @ "DOORBELL II 4'-0" A.F.F. SEE SHEET E1.5, KEYNOTE J. @NA @ STOREfRONT GlAZING SYSTEM. TINTED lOW-E INS. GlASS. SEE SPEC. SEC. OB800. @NA @ Q,EARN<<lOIZEDJLlMNJI,lWINOOW FRN.lES.SEESPEC.SEC.08450. @GASIllETER. @NA @ CT CABINET. SEE SHEETS AO.l, EO.ll E1.2 @ fiRE DEPARTMENT SIAWESE CONNECTION. WITH STORZ fiTTINGS AT 36.42" ABOVE fiNISHED GRADE. SEE PLUMBING PLAN, SHEET P\.1 @ W..u WO~TED FLOURESCENT LIGHT. SEE SttTS.El.ll E4.1,FIXTURE "Q". @ ~~~~~NS~D (~~E~~:), ~~T SI~ITi:Qt:~X L~~~ "C;gE~~~F~C~~~~~~~IRM MOUNTING HEIGHT AT 4'-0" .\.F.f. PROVIDE A RECESSED TYPE ONLY. @ PREFN.Sl-EET I.I:TAI. AT FLAT AWNING. COlOR; "DAAK BRONZE" SEE SPEC. SEC. 07600. @ BOX SIGN. SEE SHEET 5.2 FOR OETAlS. @ WALL IIOUNTED DOWN LIGHTS, COORDINATE LOCATIONS WITH ELECTRICAl. -..--- -...-- NO. I REVISIONS/SUBMISSIONS - - DATE ~ __-_1_-..._&-. 1WtN7/__ ~- camblnla.1Mxlare, LId. U-'-'-'-e _E.IJIIpIIIr..IIII..... 111(10)"1525 ..(IV).... WIllI..' _...........- PROJEtrNAt.lE ...AL8..... DC ....1IIWrIfA Al/I'. & 27TH Al/I'. 80U1M VAUn; ." DRAWO' TITLE l!X1: ~IITIOIII, IJD'AIU, .... UTA STORE: II NEW OWGS.I$PECS.BY: CONSTRUCTION BY: ~ o RO'OIJElING BUlOlNG: II NEW 0 EXISTING IIILNfJLORD'S CONSllTANT 0 W,f(GREENS'CONSLlTANT B LN{)LOOO'S CONTRACTOR 0 WAl.GREENS' CONTRACTOR I DATE I PROJECT NO .'2""1' ..71. DRA~ 8Y: I STORE NO. J' fI..f 15 A2.1 ORAWHe NO. ':i,~. 'o,j,',! .;...';:~~ . :~~..t. ". ~". t>, .~'!'.~ ~\,lJi' , ,'t ,~: w ~l~~t~ :~~}i . ~ --" .. - ~..: ' ;~; ~'t. '" L '" ~'I'~ ,~ .1"'" c '. \:. ..,' i ' " i i ~ "". I., . I r .' l' . ~. ., .. . ',,, " !~ "', , ~ '. \~ 1';4, \' 1!:1 ' ~ ,: I, Ii P': .,~ _ ,_ ~..: ~ "-' ... , \, ~ ~ ~" t; 0-':" ~ , ). .11 ~ .. . '(~ ~ :i; ... , , ..1 ,"""",' ~. ~~ '~'. ~ .. ~., f -ft-I- -I , I ~~I h. I rr .f" -~; Il I II t ~~ t\ City of Golden Valley Board of Zoning Appeals (BZA) Zoning Code Variance Application 1. Street address of property involved in this application: ~5"gt> ,.;/ JIINII.T144 Ave ~ .Ai. 2. Applicant: ~o<< [:kfJ/l,f.b::?#tJDJ-r t.'TKJ Name II -----r- . ~ $. 8" SrA.~II-r, IF /f7~ ~~".t J MA>l 5~i"~ Address City/State/Zip a/I'}.- ,.,-2 ~ IS'DD tJ/~, 81"- 81()o Business Phone Home Phone Cell Phone AT1AI: JO/"~ ~/.l,IU. vj(fJHLIU , S4,~1t1Q/')1l1l. (,tJHJ Email Address __~-,_~_D~tCiilecf~cJ~~c:m>lion of builcjing{s), . acj(:jjtion(s), and alteration(s) involved in this petition. The site -- n plans -ahd drawings submitted with this petition will be the basis of any variance that mayBe approved and cannot be changed before or after the building permit is issued. ~c A177J4~ stJJ'BI!'1' 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. s..u A~(NJ/D ~# 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. - ~. Signature of Applicant 6.' .. If the applicant is not the owner of all property involved in this application, please name the owner of this property: 't! ~ =H,G.) ~ iMMA Pri Name of owner .Sa J.'1'lAtJlm:J ~ ~ AIJ7NtJIll&A.-f'ItJA;... Signature of owner Variance Application Submittal: The following information must be submitted by the application deadline to make a complete application. If an application is incomplete, it will not be accepted: Completed application form, including signatures of surrounding property owners. A current or usable survey of the property must be attached. See the handout on survey requirements. A brief statement of the hardship which provide grounds for the granting of this variance (see Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs, or other evidence, if appropriate. You may submit detailed description of building(s), addition(s), and alteration(s) involved in this project. The site plans and drawings submitted with this application will be the basis of any variance that may be approved and cannot be changed before or atter 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. LETTER OF AUTHORIZATION TO: City of Golden Valley Planning Department RE: Proposed Walgreens - 2530 Winnetka Ave. N. To Whom It May Concern: IIWe are the owners of record of the property located at: 2530 Winnetka Ave. N. My address is: Mr. Stephen Hendrickson 12812 Wayzata Blvd. Minnetonka, Minnesota 55305 Phone: ~(~f3~dqJ Fax: 9.r"2-lfl fa 11~..? E-Mail: IIWe authorize and support the submittal of any and all applications which may include but not limited to the site plans, surveys and building elevations that may be required for the redevelopment of the above noted property by Semper Development, Ltd. and its assigns. Please accept this Letter of Authorization as our acknowledgement that we are fully aware of and support this redevelopment of our property and that no other parties consent is required. ~~~~ ~ Jj;zed Signa"'f) \ 'l. '1,'~, Title - ~~~'{~ "\ ~\\Q\. \C~ '1~ Printed Name STATEOFM~ESOTA ) COUNTY OF /JJ+M J? m 6 .}f. The fore~. ~erJl.uE.l aJ""n~g; this 0 - day of 2010,by r C1l..(rJ3r4(J{'.. iu1 Notary Public ELIZABETH A. IIDON Notary Public Stote of Minnesota My Commission Expire. January 31.2015 LETTER OF AUTHORIZATION TO: City of Golden Valley Planning Department RE: Proposed Walgreens - 2530 Winnetka Ave. N. To Whom It May Concern: IfWe are the owners of record of the property located at: 2530 Winnetka Ave. N. My address is: Mr. Stephen Hendrickson 12812 Wayzata Blvd. Minnetonka, Minnesota 55305 Phone: (, I 20&<1 ~;PI I E-Mail: ~ erJ rJ 't,J) \f UiiJ. Fax: 9SvL(7?1 q~] k €'rI rI ~f) '1 <:('~ s "bo TY\, IfWe authorize and support the submittal of any and all applications which may include but not limited to the site plans, surveys and building elevations that may be required for the redevelopment of the above noted property by Semper Development, Ltd. and its assigns. Please accept this Letter of Authorization as our acknowledgement that we are fully aware of and support this redevelopment of our property and that no other parties consent is required. t/ t1/17e,1!- Title . S - Jlt?rVJJfZJ\cJq;J , J~ &.~.. ~ I :l '. U ~'.f) ~ . . ,.. . ELlZA'ETH A. "DON Notarv PubliC State Of Minnesota MV CommiSSion Expire. Januarv 31.2015 Notary Public v NOTIFICATION OF ADJACENT PROPERTY OWNERS The majority of the adjacent property owners do not work at or occupy the properties adjacent to our site. We have attempted to contact them by phone and have sent each of them by FedEx a copy ofthe site plan with the signature information that is requested. I have attached a copy of the F edEx tracking as well as the responses that we have received. I have numbered the tracking list 1-5. This corresponds to the responses numbered 1-5. , ., 5 FecEx", Summary Results Status BROOKLYN CENTER, No MN Selecttime format 12H Delivery date Destination Signature Proof ,Image May 10, 2010 10:23 AM May 10, 2010 10:21 AM GOLDEN VALLEY, MN Yes Delivered 'Signature not required Priority Envelope May 10, 2010 10:30 AM PLYMOUTH, MN No 798644707464 GOLDEN VALLEY, MN 'Yes Delivered Signed for by: CWIEGANE . Priority Envelope May 10, 2010 10:09 AM 793522903101 SAINT CLOUD, MN No Delivered ,Signature not required Priority Envelope May 10, 2010 8:48 AM -- Please fold this document in half and place it in the waybill pouch affixed to your shipment so that the barcode portion of the label can be read and scanned. "'WARNING: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional . ..___----=.:=liillmg-charges,al6r'1gJNilb.llie-::canceJlation-DLy.our..F.edEx..accounInumb.er. . _____.... ....... ....... ..n __..... 1. Fold the printed page along the horizontal line. 2. Place label in shipping label pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com. FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivelY, misdelivelY. or misinformation, unless you declare a higher value, pay an additional charge. document your aolualloss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from F edEx for any loss, including intrinsic value of the package, loss of sales, income interest. profit. attorney's fees, cosls, and other forms of damage whether direol, incidental, consequential, or special is limited to the greater of$100 or the authorized declared value. RecovelY cannot exceed aolual documented loss. Maximum for items of extraordinalYvalue is$500, e.g. jewellY, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strioltime limits. see current FedEx Service Guide. LEGAl. TERMS AND CONDITIONS OF FEDs( SHIPPING DEFINITIONS. On this Ar Waybill, 'We", "our", "us". and "Fed&:" refer to Federal &:press Corporation, its subsidiaries and branohes and their respective employ'ees. agents. and independent contractors. The terms "you" and "your" refer to the shipper, its employees, principals and agents. If your shipment originates outside the United States, your contract of carria!!e is with the Fed&: subsidiary, branch or independent contractor who oril!inally acce~ the shipmE!nt from you. The term "pacl<age" means any container or envelope that is accepted by us for delivery, including any suoh Items tendered by. you utilizing our automated systems, meters, manifests or waybills. The term "shipment" means all packages which are tendered to and accepted by us on a single Air Waybill. AIR CARRIAGE NOTICE. For any intemational shiflments by air, the Wlrsaw Convention, as amended, may be IJIplicable. The WarSaw Convention, as amended, will then ~vem and m most cases limit Fed&:'s liability for loss, delay of, or damage to your shipment. The Warsaw Convention, as amended, limits Fed Ex's liability. For example in the U.S. liability IS limited to $Iil.D7 per pound (20$ per kilogram), unless a higher value for carriage is declared as described below and you pay any applicable supplementary cha!lles. The inte!pretatlon and operation of the W1rsaw Convention's liabirlty limits may vary In each country. Tllere are no specific stopping places which are agreed to and Fed&: reserves the right to route the shipment in any way Fed&: deems appropriate. ROAD TRANS PORT NOTI CEo Shipments transported solely, by road to or from a country which is a ~rty to the Warsaw Convention or the Contract for the Intemational Carriage of Goods by Roaillthe "CMR ')are subjectto the terms anil conditions oftJ\e CMR. notwithstanding any other provision of this Ar Waybill to the contral)'. Forthose shillmentstransported solelv by road, if a conflict arises between the provisions of the CMR and this ArWaybill, the terms of the CMR sllall prevail. LIMITATION OF LIABILITY. If not govemed by. the Warsaw Convention, the CMR, or other intemational treaties. laws, other llovemment regulations, orders, or requirements. Fed Ex's maximum liUility for dama~, loss, de Jay, shortage, misdelivery, nondelivery, misinformation or failure to provide information in connection with your shipment is limited by this ement and as set out in the terms and conditions of the contract of carriage. Please refer to the contract of carri~e set forth in the applicable Fed Service Guide or its equivalent to determine the cont ractual limitation. Fed &: does not provide cll!ll 0 Iiab ility or all-risk i nsuranc e, but. you ma y pay an additional cha!lle for each additional U.S. $1 DO (or equivalent local currency forthe country of origin) of declared value for carriage. If a higher value for carriage is declared and the additional charge ~ ~Id, Fed&:'s maximum liabilit!l. will be the lesser of the declared value for carriage or.your actual damages. LIABILITIES NOT ASSUMED. IN MY EVENT. FEDs( WON7 BE LIABLE FOR MY D./lMAGES, WHETH ER DIRECT. IN DIRECT. IN CIDENTAI., SPECIAL OR CON SEQUENTIAl. IN EXCESS OF THE DECLARED ~UE FOR CARRIAGE (INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS) OR THE ACTUAl. VALUE OF THE SHIPMENT, I FLOWER, WH ETHER OR NOT FEDs( HAD ANY KNOWLEDGE THAT SUC H DAutAGES MIGHT BE INCU RRED. Fed&: won't be liable for your acts or omissions, including but not limited to incorrect deolaration of cargo, improper or insufficient packaging, securing, marking or addressing of the shipment, or forthe acts or omissions of the recipient or anyone else with an interest In the shipment or violations by any party of the terms of this agreement. Fed&: won't be liable for damage, loss. deJa}'. shortage, misdelivery, nondefivery, misinformation or failure to provide information in connection with shipments of cash, currency or other prohibited items or in instances beyond our control, such as acts of God, pE!riIs of the air, weather conditions, mechanical delays, acts of public enemies, war, strike, civD commotion, or acts or omissions of public authoiilies( including customs and health officials) with actual or apparent auth~. NO WAR RANTY. We make no warranties, ex~s or imDllfld. ClAIMS FOR LOSS, DAMAGE OR DELAY. ALL CLAIMS MUST BE MADE IN WRITING AND WITHIN STRICT TIME IJu1ITS. SEE OUR TARIFF, APPLICABLE FEDs( SERVICE GUIDE, OR STANDARD CONDITIONS OF CARRIAGE FOR DETAILS. The Warsaw Convention provides specific written claims procedures for damage, delay or non-deNvery of your shipment. lu'breover, the intelpretlllion and !lPeration of the warsaw Convention's claims proVISions mal' vary in each country. Referto the Convention to determine the claims penod for your shipment. The right to damages against us shall be ~uishe(l unless an action is brought within two years, as set forth in the Convention. Fed&: is not obligated to act on any claim until all trallSfl!'rtlIlion Charges have been paid. The cbiim amount may not be deducted from the transportation cha!lles. If the recipient accepts the shipment without noting any damage on the delivel'l' record, Fed&: will assume the shipment was delivered in good condition. In order for us to consider a claim for damage, the contents, original shipping carton and packing must be made available to us for inspection. MANDATORY LAN. Insofar as any provision contained or referred to in this .Air Vlt.Iybill may be contrary to any applicable international treaties, laws, government regulations, orders or requirements such provisions shall remain in effect as a part of our agreement to the extent that it is not overridden. The invalidity. or unenforceability of any j)rovislons shallnOl affect any otherpart of this ArWaybill. Unless otherwise indicated, FEDERAl. EXPRESS CORPORRlON ,2005 Corporate Atenue, Memphis, TN 38132. USA, isthe first carrier of this sllipment. Email address located at www.fedex.com. Page 1 of 1 '... '.. 't Kim Perry From: Kim Perry Sent: Friday, May 07,20103:10 PM To: 'jsmilo@aol.com' Subject: Golden Valley Attachments: 0948_001.pdf James, Per our conversation I have attached the city submittal form for your signature. I will need the original by Monday. I am also sending the originals via Federal Express. Please contact me with any questions. Kim Perry Vice President Acquisitions Semper Development 80 South Eighth Street IDS Center, Suite 1275 Minneapolis, MN 55402 p.612-332-1500 f. 612-332-2428 c. 612-840-6900 J, AD017/01lJ~ ~~YC ~ 5/7/2010 Page 1 of 1 , . ~t. Kim Perry From: Kim Perry Sent: Wednesday, May 19, 20102:51 PM To: 'Ipowell@veritecinc.com' Subject: RE: City Submittal Lindsay, I hate to be a pest but could you follow up with your boss again. Thank you. Kim Perry Vice President Acquisitions Semper Development 80 South Eighth Street IDS Center, Suite 1275 Minneapolis, MN 55402 p.612-332-1500 f. 612-332-2428 c. 612-840-6900 From: Lindsay Powell [mailto:lpowell@veritecinc.com] Sent: Wednesday, May 19, 2010 2:49 PM To: Kim Perry Subject: RE: City Submittal I did give it to my boss (the owner of the building). We also received the FedEx notification. From: Kim Perry [mailto:kperry@semperdev.com] Sent: Wednesday, May 19,20102:40 PM To: LPowell@VeritecInc.com Subject: City Submittal I am following up on the form I e-mailed to you last week for our city submittal with the city of Golden Valley. Thank you. Kim Perry Vice President Acquisitions Semper Development 80 South Eighth Street IDS Center, Suite 1275 Minneapolis, MN 55402 p.612-332-1500 f. 612-332-2428 c. 612-840-6900 5/19/2010 '. . From: Origin ID: MICA (612) 332-1500 SEMPER DEV8.0PMENT, LTC SEMPER DEV8.OPMENT, LTD 80 SOUTH EIGHTH STREET SUITE 1275 MINNEAPOLIS, MN 55482 ~~ r!i . . ............... SHIP TO: (612) 332-1500 Van Thuy Tran BILL SENDER 2445 WINNETKA AVE N N. GOLDEN VALLEY, MN 55427 Ship Dale: 07MAY10 A1:fNgt: 1.0 LB CAD: 234633611NET3010 :.. Delivery Address Bar Code ~1111~1~llmmlllllll~II~1 ~1~1~1~lllIlllmllllll Ref # Invoice # PO# Oept # ~~~~ 7986 4481 5318 MON - 10 MAY A1 PRIORITY OVERNIGHT 55427 78 AELA !tN-OS MSP -- Please fold this document in half and place it in the waybill pouch affixed to your shipment so that the barcode portion of the label can be read and scanned. "'WARNING: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional __ ~__.__~cbarges;::alObtl:.with-_lfjeXanceJlation Of..}/ouLEerlEx:ac.co.ulJtlJumbfOr. . -- -. .- --- --.-. - . .-.- - - 1. Fold the printed page along the horizontal line. 2. Place label in shipping label pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Use 01 this system constitutes your agreementto the service conditions in the current FedEx Service Guide, available on 1edex.com. FedExwill not be responsible 10r any claim in excess 01$100 per package, whether the result 01 loss, damage, delay, non-delivery, misdelivery, or misin10rmation, unless you declare a higher value, pay an additional charge, dooumentyour actual loss and file a timely claim. Limltations10und in the current FedEx Service Guide apply. Your right to recover1rom FedEx10r any loss, including Intrinsic value oUhe package,lossofsales, income interest, pr01it. attomeys1ees, costs, and other 10rms 01 damage whether direct, Incidental, consequential, or special is limited to the greater 01$100 orthe authorized declared value. Recovery cannot exceed actual documented loss. Maximum 10r Items 01 extraordinary value is$500, e.g. jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be 1i1ed within strict time limits, see current F edEx Service Guide. LEGAL TERMS AND CONDITIONS OF FEDEK SHIPPING DEFINITIONS. On this Air WaybHI, '\/le", ''ow'', "us", and "FedEle" re1erto Federal Elepress Corp oration, its subsidiaries and branches IInd their I1!speoli ve employ-ees , age nts, and independent co ntraolors. The te nns "you" and "lOw" refer to the shipper, its e!flPloyees, principals and agents. 11 your shipment originates outside the United States, your contraol 01 cmalle is with the FedEle subsidl3ry. branch or iildependent oontraolor who originally accepts the shipment from you. The term '~aoJ(age" means any coI1l3mer or enve~ that is accepted by us 10r delivery, including any such Iterns tendered by you utilizing our automated systems, meters. mamfeSlS or wllybllls. The term ''shipment'' means all packages which are tendered to and accepted by. us on I single Air WaybDI. AIR CARRIAGE NOTICE. For any international shipments by air, the Wirsaw Convention, IS amended, may be applicable. The Warsaw Convention, as amended, wHlthen govern and m most cases timlt FedEle's liabDity 10r loss, delay 01, or damage to your Shipment. The Warsaw Convention, as amended, limits Fed Ex's liability. For example in the U.S. tiability IS Hmited to $9.D7 per pound (20$ per kilogram), unless I higher value 10r carrillge is declared as described belOw and you pay any applicable supplementllry chalJles. The interpretation and operation 01 the Wlrsaw Convention's liability limits may vary in each country. There are no speci1ic stopping.places whiCh In! agreed to and FedEle reserves the right to route the shipment in any way FedEle deems app!:OPl'iate. ROAD TRANS PORT NOTI CEo Shipments transported solely, by road to or from I country which is I party to the lMIrsaw Convention or the Contract 10r the Intemationll Carriage 01 Goods by ROlli! (the .CMR , an! subit!ct to the terms ani! conditions of tile CMR, notwithstiilnding allY other provision 01 this Air Waybill to the contral)'. ForthOse shipments transported solely by rOiild, if I con1tiolarises between the provisions ofthe CMR and this Air lMIY!lill, the terms 01 the CMR shall previilil. LIMITATION OF LIABILITY. If not governed by the Warsaw Convention, the CMR, or other international treaties, liilws, other Elovemment regulations, orders. or requirements, Fed Ex's miilximum tiiilbility for diilmai:' loss, deiay. shortage, misdetivery. nondetivery, misinformiilllon or 1ailure to provide in10rmiillion in connection with your shipment is limited by this ement and as set out in the terms and conditions ofthe contraol of carriage. Plellse re1er to the contract 01 carriagE! set forth in the appliciilble Fed Service Guide or its equiviillent to detennine the contraoluallimitiiltion. FedEle does not provide calJlo tiabDity orall-risk insurance, but you may pay an additional ~e 10reach additionlll U.S. $100 (or equivalent local currency 10rthe coul'llrV 01 origin) 01 decliilred value for carriag,e. l1a higher value 10rOllrriage is decliilred and the additional charge is paid, FedEle's maximum liability will be the lesser of the decliilred viillue forcarrialle or your actual dlllTl8ll.es. LIABILITIES NOT ASSUMED. IN ANY EVENT, FEOEKWON'T BE LIABLE FOR ANY DIMAGES, WHETHER DIREc:1..LNDIRECT.INCIDENTAL, SPECIAL OR CONSEQUENTIAL IN EXCESS OF THE DECLARED W.UE FOR CARRIAGE (INCLUDING BUT NOT LIMII cu TO LOSS OF INC OME OR PROFITS) OR THE ACTUAL VALUE OF THE SHIPMENT, I FLOWER, WH ETHER OR NOT FEDEK HAD ANY KNOWLEDGE THAT SUC H DJIMI1o.GES MIGHT BE INCU RREO. FedEle won't be liable 10r your acts or omissions, including but notlimiled to incorrect declaration 01 cargo, improper or insufficient packaging, securing, marking or addressing 01 the shipment, or 10rthe aots or omissions ofthe I1!Cipient or anyone else with an interest in the shipment or violations by any party 01 the terms 01 this agreement. FedEle won't be tiable for damage, JoSs, delay, shortage, misdelivery, nondelivery, misin10nnation or failure to provide information in oonneotion with shipments 01 cash, oumncy or other prohibited items or in instances beyond our control, suoh as acts 01 God, perils 01 the air, weather conditions, mechaniOllI d~, iiloIS of public enernies6 wrr, strike, civil commotion, or aolS or omissions 01 public authorities( including customs and health of1icillls) with aolual or apPBn!nt authorit\[. N WAR RANTY. We make no warranties, ex~ss or irnp/led. CLAIMS FOR LOSS, D.AMA.GE OR DELAY. ALL CLAIMS MUST BE MADE IN WRITING AND WITHIN STRICT TIME WITS. SEE OUR TARI Fr, APPLICABLE FEOEK SER'v1C E GUIDE, OR STAN DARD COND ITIONS OF CARRIAGE FOR DETAILS. The lMIrAW Convention provides specific written claims procedun!s 10r damllge, delay or non-delivery 01 your shipment. Mon!over, the interpretation and operation 01 the Wirsaw Convention's claims proVISions may vary in each country. Re1erto the Convention to determine the claims penod 10r your shipment. The right to damages against us shall be extinguishei:t unless an aelion is brought within two years, IS set 10rth in the Convention. FedEle is not obligated to act on iilny Claim untU all transf)!lrtatlon charges have been paid. The claim amount mllY not be deducted 1rom the transportation cha!lles. If the recipient accepts the shipment without noting any damage on the deHvel)' reoord, FedEle will iilssume the shipment was deliven!d in good cond'ltion. In onler for us to consider a claim 10r damage, the contents, original shipping carton and packing must be made available to us 10r inspeolion. MANDATORY LAllI. Ins01ar as iilny provision contained or re1ern!d to in this Air Waybill may lie contrary to any applicable international tn!aties, laws, government regulations. orders or requirements such provisions shill remain in ef1ectas allart 01 our agreement to the extent that it is not overridden. The Invalidit)( or unen10rceabilily 01 any Ilrovisions shall not a11eotany otherpart 01 this Air Waybill. Unless otherwise indiciilled, FEDERALEXPRESS CORPORiU'ION,2DD5 Corporiille .Avenue, Memphis, TN 38132, USA is the 1irst carrier 01 this shipment. Emiilil address 10cBled at www.1edex.com. From: Origin 10: MICA (612) 332-15PO SEMPER oevaOPMENT, LTD SEMPER DEvaOPMENT, LTD 80 SOUTH EIGHTH STREET SUITE 1275 MINNEAPOLIS, MN 55482 SHIP TO: (612) 332-1500 BILL SENDER Wing Chan & M P Chan 2810 MEDICINE RIDGE RD PLYMOUTH, MN 55441 . ~. Ei .............. s~ \ ~ - \ 0 ~ '()W~ W', ,\ ~"r ^'* Ship Dale: 07MAY10 kfNtJ:. 1.0 LB CAD: 234633611NET3010 ~3 '1iiililllllllllllllllllllllllllllllll Ref # Invoice # PO# Dept # ~~~~ 798644783422 MON - 10 MAY Al PRIORITY OVERNIGHT us 55441 78 AELA MN-tlS MSP -- Jch affixed to your shipment so that the barcode portion of the label can be read ~nd scanned. Using a photocopy of this label for shipping purposes is fraudulent and could resun in additional untnumber.=~-==_=-~__=~__~.~=_---' - -----_.~-_. -- -..--.-. --. 1)men~ so that the barcode portion of the label can be read and scanned. oonditions in the current FedEx Service Guide, available on fedex.com. FedExwill not be ether the result 0110Sl:, damage, delay, non-de livelY, misdelivelY, or misinformation, unless you ; your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide g intrinsic value of the package, loss of sales, inoome interest, profit, attorneys fees, oosls, and other .rspecial is limited to the greater 01$100 orthe authorized declared value. RecovelY cannot exceed value is $500, e.g. jewelry, precious metals, negotiable instruments and other items listed in our limits, see current FedEx Service Guide. TION S. On this Air Waytlill, "we", ''our'', 'Us", lInd "FedEle" refer to Federal Eiqlress plov.ees, age nts, and independe nt oontraOlOrs. The te rms "you" and "your" refer to . _. __, rp.........~ ."u "V"!ll:S' IT your Shipment originltes outside the United Stites, your contraOl of carrilllle is with the FedEle subsidiiliy, branch or independent oontractor who oriQinlllly aoo_ the shipment from you. The term ''pacl(age'' means any container or envelope thlt is accepted by us for delivery, including lIny such items tendered by you utilizing our lIUtomllted s~ems, meters, mamfests or waybills. The term 'shipment" means all packages which lire tendered to lInd lIccepted by us on a Single Air Wa~i11. AIR CARRIAGE NOTICE. For any intemltional shipments by air, the W:lr.s:aw Convention, as amended, may be applicable. The _IDW Convention, as lImended, wHl then govem and In most CllSes limit FedEle's liability for loss, delay of, or damlIa.e to your shipment. The 'N.Irsaw Convention, as lImended, 6mils FedEj;'s Iiabil~. For example in the U.S. liability IS limited to $Il.07 per pound (zD$ per kilClgI1llTl), unless 1I hiaher VlIIue for carriagl! is declared liS described belOw and you pay any applicable supplementary chqes. The inte!prellltlon and operlltion of the Wrrsaw Convention's liability limits may vary in each cOl.!nllY. TIiere lire no specific stoppi!lll places whiCh are agreed to lInd FedEle reserves the right to route the shipment in any ny FedEle deems lIppropriale. ROAD TRANSPORT NOTICE. Shipments transported solely, by rolldto or from a country which is a ~y to the Warsaw Convention or the CoilIractforthe Intemlltional Carriilge of Goods by Roall (the "CMR ) lire subjectto theterms and conditions of tIie CMR, notwithstanding al!YClther provision of this Air Waybill to the oontrary. Forthose shiDmentstransported sOlely by rOlld, if a conflicl arises betweenthe provisions of the CMR and this Ar WaybiU, the terms of the CMR sllall prevllil. LIMITATION OF LIABILITY. If not govemed by the WarslIw Convention. the CMR, or other intemational trelIties. laws, other Qovemment regulations, o~ers. or requirements, Fed Ex's mllXimum hbiJ!ty for~, loss, delay, shortage, misdelivery, nondelivery. misinformlltlon or failure to provide information in conneOlion with your shjpment is limited by this reement and lIS set out In the terms and conditions ofthe contraOl of caniage. Please refer to the oontract of carrillge set forth in the applicable Fed Service Guide or ils equivalent to determine the contraOlual limitation. FedEle does nOl provide ClIllIo liability orllll-risk insurance, but you may pay an additional ~ for each lIddltional U.S. $100 (or equivalent 10cllI currency forthe country of origin) of declared value for carriage. If a higher vaJue for carriage is declared and the additional charve is ~Id, FedEle's maximum liabilitY..will be the lesser of the declared value forcllnillge or your aOlual dllTlllges. LIABILITIES NOT ASSUMED. IN ANY EVENT FEDEX WON'T BE LIABLE FOR ANY DPMAGES, WHErH ER DIRECT. IN DIRECT. IN CIDENTAI.., SPECIAL OR CON SEQUENTIAl.. IN EXCESS OF THE DECLARED \ALUE FOR CARRIAGE (INCLUDING BUT NOT LIMITED TO LOSS OF INC OME OR PROFITS) OR THE ACTUAl.. VALUE OF THE SHIPMENT, IF LOWER, WHETHER OR NOT FEDEX HAD ANY KNOWLEDGE THAT SUCH DJMA.GES MIGHT BE INCURRED. FedEle won't be liilble for your aOlS or omissions, including but not limited to inoorrect declarlltion of ClII'Q.O, improper or insufficient packaging, securing, marking or addressing of the shipment, or forthe aOls or omissions of the recipient or anyone else with an interest in the shipment or violations by any party of the terms of this agreement. FedEle won't be lable fordamage,loss, delay, Shortage, misdelivery, nondelivery, misinformation or fllllure to proVide information in oonneOlion with shipments of cash, currency or 01 her prohibited items or in instances beyond our oontrol, such as aOls of God, ~erils of the air, welther conditions, mechanical delays, acts of public enemies, WlIr, strike, civU commotion, or aOls or omissions of pubrlC authoiities( including customs and health officills) with lIctulll or lIpparent lIUthority. NO WARRANTY. We make no nrranties, ex~ss or imlllied. ClAIMS FOR ,.LOS~l DJlMAGE OR DELAY. ALL CLAIMS MUST BE MADE IN WRITING AND WITHIN STRICT TIME WITS. SEE OUR TARI FF, APPLICABLE FEDEK SERVlC E GUIDE, OR STAN DARD COND ITIONS OF CARRIAGE FOR DerAILS. The War.s:aw Convention provides specific written claims procedures for damage, delay or non-delivery of your s~nt. Moreover, the inte~ltion lInd operation of the _rsaw Convention's claims proVISions mal' vary in each oountrY. Referto the Convention to determine the claims penod for your shl~nt. The right to dlIma9l!s agllinst us shan be extinguisheil unless an lIction is bro~ht within two years, as set forth in the Convention. FedEle is not obligated to lIOI on any claim imtIIalltl3llSjl!)rtlItion Charges hllve been plid. The claim amount may nOl be deduOled from the transportation chaIlIes. If the recipient IICcepts the shipment Without nOling lIny damage on the deliverv. record, FedEle willllssume the shipment was delivered in good condition. In OJ'der for us to consider 1I claim for dllmage, the oontents, original $ippingcarton and pIcking must be made available to us for inspection. MANDATORY LM. Insofar lIS any provision oontained or referred to in this Air Waybill may lie oontrary to Iny applicable interrmional trelties, laws, government regulations, orders or requirements such provisions shall remllin in effeOl liS allan of our lIgreement to the extent that it is not overridden. The invalidity or unenforoellbility of any Ilrovisions shIll n at affeOlany othe r p lIrt of this Air WaybR I. Unless otherwise ind iclted, FED ERAI.. EXP RESS COR P 0 R./U"ltlN ,2005 Corporlte Avenue, Iu1emp his, TN 38132, USA, is the fir.s:t cllrrier of tl\is sliipment. EmiR address loclted It www.fedex.oom. From: Origin D: MICA (612) 332-1500 SEMPER DEVELOPMENT, LTD SEMPER DEVELOPMENT, L TO 80 SOUTH 8GHTH STREET SUITE 1275 MINNEAPOLIS, MN 55402 ~.. mI ......- SHIP TO: (612) 332-1500 BILL SENDER Bill Norberg Golden Valley Post 7051 VFW 7775 MEDICINE LAKE RD GOLDEN VALLEY, MN 55427 Ship Date: 07MAY10 ktWgt 1.0 LB CAD: 2346336/1NET3010 *~ DeHvery Address Bar Code ~IIIIIIII~IIIII~II ~ 111111111111 ~ 1I1111 ~~ 1III1I mllllU III Ref# Invoice # PO# Dept # ~~~~ 798644707464 MON - 10 MAY A1 PRIORITY OVERNIGHT 55427 KN-US 78 AELA MSP -......... --~-Afterprinting this labe!:- ---------- --~--------- ---- 1. Use the 'Print' button on this page to print your label/to your laser or ink jet printer. 2. Fold the printed page along the.horizontalline. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: 'Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. - Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-clelivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Umitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic valueof the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented 10ss.Maximum for items of extraordinary value is $500, e.g. jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits, see current FedEx Service Guide. S'\~-$) l(I~- ~ fA9- ~ S ~ ~ Hc,7V4MW fR~ fAu..,~ , , '})6-<\ r ! Qv~ ~ 5 - 19- 10 We..--. (jJI \ \ \\O~ be-. 5 ~ V~l\j ou f ~ \5 (\O.\l)t~ 6-~ \-~$ -\"\ ~ S ~l\ce(~\1 you f '7 / "lJ 0... 1\ L 6 IV' 1'\~l\ ~o OA\'It~ Po 4:tu... 112,,, . . BoX 27667 AnI .;.;:.~DICdtl€ LA --.uc:lV ~AllEY. ~ RoAD · "'-27 From: Origin 10: MICA (612) 332-1500 SEMPER DEVelOPMENT, l TO SEMPER DEVELOPMENT, lTD 80 SOUTH EIGHTH STREET SUITE 1275 MINNEAPOUS, MN 55482 ~, (g] ..It........... SHIP TO; (612) 332-1500 John Lommen Bill SENDER 817 PIERZ PL SAINT CLOUD, MN 56301 Ship D81e; 07MAY10 AdNgt: 1.0 LB CAD; 23463361lNET3010 Detivery Address Bar Code ~IIIIIII~IIIIII~II~~IIIIIIIIII~ Ref# Invoice # PO# Depl# ~ 793522903101 MON - 10 MAY AA PRIORITY OVERNIGHT RES .56301 78 STCA MN-tJS MSP -..... Please fold this document in half and place it in the waybill pouch affixed to your shipment so that the barcode portion of the label can be read and scanned. "'WARNING: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional -1S~11aY{jes;---llI~::Wjth:.tbe-canceJlatibn:Df~DllL:EedEx..accauntnumber.. _ _ ------- ----.~-~-.- .--.--- . - - -. -. --.-- ----------- -- 1. Fold the printed page along the horizontal line. 2. Place label in shipping label pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Use ofthis~em constitutes your agreementto the service conditions in the current FedEx Service Guide. available on fedex.com. FedExwill not be responsible for any claim in excess of $100 per package. whether the result of loss:, damage, delay, non-delivery, misdelivery, or misinformation, unles:s:you declare a higher value, pay an additional charge. document your aatualloss: and file a timely claim. Limitationsfound in the current FedEx Service Guide apply. Your rightto recoverfrom FedExfor any loss:, including intrinsic value ofthe package. loss: of sales, income interest. profit, atlomey'sfees, costs, and other forms of damage whether direat, incidental, consequential, orspecial is limited to the greater of$100 orthe authorized declared value. Recovery cannot exceed aatual documented loss:. Maximum for items of extraordinary value is $500, e.g. jewelry. precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within striattime limits. see current FedEx Service Guide. LEGAL TERMS AND CONDITIO NS OF FEDB( SHIPP ING DEFINITION S. On this Ar 'dlt.aybDl, '\ve", "our", "us", and "FedE>:" refer to Federlill E>:press Corp ol2lion, its subs idiarie s and bran ches and their respeoti ve emplo-,:ees. agents, and independent contraoto rs. The terms "you" and "your" refer to the shipper, its e!l'lPloyees, principals and agents. If your shipment origilllltes outside the United Stllles, your contraot of carria91 is with the Fed&: subsidiary, branch or independent contraotorwho oril!inally acceptsthe shipment from you. The tenn 'pacICage" means any contamerorenvel~e thlll is accepted by us for delivery. including any such Items tendered b-,: you utitizing our automllled systems, meters, manifests or waybills. The term "shipment" means all packages which are tendered to and accepted by us on a single Air Waybill. AIR CARRIAGE NOTICE. For any intemlllional shipments by air, the Wlrsaw Convention. as amended, may be applicable. The Warsaw Convention. lIS amended, will then govern and In most cllSes limit Fed&:'s liability for loss, delay of. or damage to your shipm.ent. The 'dlt.arsaw Convention. as amended, limits Fedei's flllbAity. For example in the U.S. liability IS limited to $ll.D7 p!!!r pound (20$ per kiI~ram). unless a higher value for carriage.is declared ilS descnDed belOw and you pay any applicable supplementary oha~es. The inte!J)retlllion ilnd opemion of the _rsaw Convention's liability limits may vary in each country. Tliere are no specific stopping places which are ilgreedto ilnd Fed&: reserves the right to route the shipment in any way FedE>: deems apP!'Opriate. ROAD TRANS PORT NOTI CEo Shipments transported solely, by road to or from a country which is a ~rty to the Waisaw Convention or the Contract for the Intemlllional Carriage of Goods by Roaillthe "CMR ) ilre subject to the terms ani! conditions of the CMR, notwlthstilnding anYClther provision of this Ar'dlt.aybill to the contral)'. FortllOse shillments transported solely by road, if a conftiot arises between the provisions oUhe CMR and this Ar Wa~iII. the tenns of the CMR sfiall prevail. U M1TATION 0 F LIABILITY. If not QOVllm ed b-,: the 'dlt.arsaw Convention, the CMR, or or her international trelll ies, laws, other (lovemment regullllions. orders. or requirements, Fed Ex's maximum ability for cI3ma~IOSS. delay, shortage. misdelivery, nondelivery. misinformation or failure to provide infonnlllion in conneation with your sh~ent is limited by this ment and ilS set out in the terms and cond'rtions of the contraot of carriilge. Please refer to the contraot of carriilge set forth in the applicable Fed Service Guide or Its equivalent to detennine the contraotual limitation. FedE>: does not provide ca~o IilIbOity orall-risk insurance, but you may pay an i1dditional chlI~e for each additional U.S. $100 (or eCjuivalent local currency for the country of origin) of deolilred value for carriage. If a higher villue for carriilge is declared and the additional charge i! ~Id, FedEx's maximum liabHlty will be the lesser of the declared value forcarriilll.e or your mUllI dal1lilges. LIABILITIES NOT ASSUMED. IN ANY EVENT, FEDEXWON'T BE LIABLE FOR ANY DJlMAGES. WHETHER DIRECT,INDIRECT.INCIDENTAL, SPECIAL OR CON SEQUENTIAL IN EXCESS OF THE DECLARED ~UE FOR CARRIAGE (INCLUDING BUT NOT LIMITED TO LOSS OF INC OME OR PROFITS) OR THE ACTUAL VALUE OF THE SHIPMENT, I FLOWER, WH ETHER OR NOT FEDB( HAD ANY KNOWLEDGE THAT SUC H DJItu1AGES MIGHT BE INCU RRED. Fed&: won't be liable for your aots or omissions. including but not limited to incorreot declaration of carvo, improper or insufficient Pilckagjng. securing. marking or ilddressing of the shipment, or forthe ilotS or omissions of the recipient or anyone else with an interest in the shipment or viollltions by any party 01 the tenns of this agreement. Fed&: won't be tiable for damage, loSs, delay, shortage, misdelivery, nondelivery, misinformation or failure to provide informlllion in connection with shipments of cash. currency or other prohibited Items or in instllnces beyond our control. such ilS ilotS of God. ~riIs of the air, welllher conditions. mechilnical delays, aots of public enemies6 war, strike. civil commotion. or aots or omissions of public iluthoritieS( including customs and health officials) with aotual or Bpparent authority. N WAR RANTY. We make no wal1'llnties, e~s or implied. CLAIMS FOR LOSS. DAMAGE OR DELAY. ALL CLAIMS MUST BEMADE IN WRITING AND WITHIN STRICT TIME WITS. SEE OUR TARIFF. APPLICABLE FEDEX SERVICE GUIDE, OR STANDARD CONDITIONS OF CARRIAGE FOR DETAILS. The Warsaw Convention provides specific written claims ,PJ:Ocedures for damage, delay or non-delivery of your shipment. Moreover, the interpret3tion and operation of the warsaw Convention's clilims proViSions ma-,: vary in each country. Referto the Convention to determine the claims Jl4!Ilod for your shipment. The rightto cl3mages against us shall be extinguisheCl unless iln aotion is brought within two years, ilS set forth in the Convention. FedEx is not obligllled to aot on Bny claim untH aU transportation charves have been paid. The claim amount may not be deducted from the transportation chlI~es. If the recipient accepts the shipment without noting any damage on the delivel"Y. record, FedEx will assume the shipment was delivered in good cond'rtion. In order for us to consider a claim for damage, the contents, original shippingcilrton and packing must be Il'llIde available to us 10rinspeotion. MANDATORY LAN. Insofar as Bny provision contained or referred to in this Ar Waybill may I)e contrary to any applicable interlllltional trelllies, laws. government regullllions. orders or requirements such provisions shall remain in effect lIS a part of our!lgreementto the extent that It is not overridden. The invalidit).': orunenforceabillty 01 any provisions shll/lnotaffect any otherpart of this Air Waybill. Unless otherwise indicllled, FEDERAL EXPRESS CORPOR.IV"ION ,2005 Corporllle Nenue, Memphis. TN 38132, USA is the first carrier of this sllipment. Emai/ address locllted at www.fedex.com.