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09-28-10 BZA AgendaBoard of Zoning Appeals Regular Meeting Tuesday, September 28, 2010 7 pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes -August 24, 2010 II. The Petitions are: Continued Item - 3335 Major Ave N (10-08-05) Tim and Jean Mohr, Applicants Request: Waiver from Section 11.21, Subd. 11(A)(1) Front Yard Setback Requirements • 7 ft. off the required 30 ft. to a distance of 23 ft. at its closest point to the front yard (west) property line. Purpose: To allow for the construction of an open front porch. III. Other Business Election of OfFicers IV. Adjournment Tr~is document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 7b3-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals August 24, 2010 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, August 24, 2010 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Segelbaum called the meeting to order at 7:40 pm. Those present were Members Kisch, Nelson, Segelbaum, Sell and Planning Commission Representative McCarty. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. I. Approval of Minutes -July 27, 2010 MOVED by Sell, seconded by Kisch and motion carried to approve the minutes from the July 27, 2010 meeting. Commissioner McCarty abstained from voting. II. The Petitions are: 3335 Major Ave N (10-08-05) Tim and Jean Mohr, Applicants Request: Waiver from Section 11.21, Subd. 11(A)(1) Front Yard Setback Requirements • 7 ft. off the required 30 ft. to a distance of 23 ft. at its closest point to the front yard (west) property line. Purpose: To allow for the construction of an open front porch. Hogeboom explained the applicant's request to construct a roof (open front porch) over the existing concrete steps. He stated that the applicant received a variance for the same proposal in 1997 but the front porch was never built. He added that variances not acted upon within one year expire. He noted that all of the homes on this block are located closer to the front yard property line than allowed. He explained that staff would have recommended approval of this variance request under the old interpretation of reasonable use but under the new Supreme Court interpretation staff is not able to recommend approval Kisch noted that part of the requests approved in 1997 were completed and asked if the variance would still apply to the parts that weren't completed since they were all part of the same proposal. Hogeboom said no, and explained that the variance for the part of the proposal that was not constructed expired after one year. Minutes of the Golden Valley Board of Zoning Appeals August 24, 2010 Page 2 Kisch noted that the existing house is located 30.5 feet at its closest point to the front yard property line and a variance was given in 1997 to bring the house into conformance. He asked if the applicant would be allowed to build a 30-inch overhang into the front yard setback area. Hogeboom stated that 30 inches of eave or overhang would be allowed to be built into a setback area but the pillars being proposed could not be located in the setback area if they are attached to a roof. Kisch suggested the applicant build the overhang with supports on the house rather than with pillars. Segelbaum said he thinks the 35-foot front yard setback requirement would then apply because it would no longer be considered an open front porch which is allowed to be 30 feet from the front yard property line. Nelson questioned the setback requirements for an uncovered front stoop or porch. Hogeboom stated that a 25 square foot landing area and stairs could be built in a setback area without a variance. Tim Mohr, Applicant, said he wants to have a roof over his front steps because there is a room under the steps that gets wet when it rains which is causing moisture and mold problems. He said he also wants to protect his front door and what he is proposing will improve the look and value of his property. He stated that when he bought the house there was approximately a half an inch of mold on the walls. in that room under the front steps. He added that an overhang built with supports rather than pillars would not match the style of the house. He showed pictures of the work he has done to the front steps and the mold that was on the walls in the room under the steps. He added that he doesn't think the room under the steps can be put to reasonable use without a variance to allow for the proposed roof. Kisch stated that some water infiltration problems can be remediated with flashing or with the installation of a different door or different methods. Mohr stated that it would be nicer to be able to make the room under the steps usable space. He added that the size of the front steps is not being altered and that his proposal will improve the character of the neighborhood. Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment, Segelbaum closed the public hearing. Kisch referred to the foundation under the front steps and stated that it extends out 5 feet underground. He asked if the front yard setback would be considered from that foundation. Hogeboom .stated that setbacks are figured from the foundation of structures located above ground. He noted that garden structures such as an arbor or a pergola would have different setback requirements and that might be something the applicant could consider. Kisch said he thinks the foundation under the steps would have to be considered when frguring setbacks. He added that if you consider the existing foundation under the steps to be non-conforming then the roof structure wouldn't be encroaching into the setback at all. Hogeboom explained that anon-conforming use cannot be expanded. Minutes of the Golden Valley Board of Zoning Appeals August 24, 2010 Page 3 Sell asked about the size of the area or room under the front steps. Mohr said the room he wants to use is directly under the steps and is approximately 6 or 7 feet wide. McCarty agreed with Member Kisch that there are other ways to potentially fix the water infiltration issues. Nelson said the criteria for granting a variance would have been met in this case if the Board was using the previous interpretation and to her the "reasonable use" language is still unclear. She questioned if it is reasonable to have mold in a home or if it is reasonable to expect that rain won't pour down on someone standing at the front door. McCarty stated that the property can still be put to a reasonable use even if the space under the front steps can't. Kisch agreed that the property can still be put to a reasonable use. Council Member Shaffer asked how big a stoop can be. Hogeboom stated that a stoop can be 25 square feet. Shaffer noted that the area in question is larger than 25 square feet so the Board has to grant a variance for an existing front porch and as soon a variance is granted for the porch the applicant can build a roof because a porch includes a roof. Hogeboom stated the stoop in this case is not larger than 25 square feet but it protrudes out further than 30 feet. Shaffer noted that the applicant said the porch is 6 feet by 7 feet. Hogeboom clarified that the stoop is just the landing area at the top of the steps and in this case the room is under the stoop and the steps. Shaffer said the porch is a structure because there is a room underneath it. Therefore the City has to grant a variance for it to bring it into conformance. The whole structure would,be considered a porch which would allow for the construction of a roof without requiring a variance. Nelson stated that the ordinance regarding front porches and stoops should be reconsidered because something huge could be built in a front yard as long as it doesn't have a roof. Kisch noted that a variance is not required in order to replace or repair an existing non- conforming structure and asked if the existing porch can be replaced since it is already there. Hogeboom said the stoop and stairs located there now are not non-conforming so the applicant wouldn't be repairing or replacing anon-conforming structure. Shaffer said this is not just a stoop because there is a room under it. Kisch agreed that since there is already a foundation under the stoop this structure really qualifies as something else. The Board discussed the definition of a porch and a stoop and they also looked at the applicant's photos and discussed a small overhang area located above the door. Hogeboom said the definition of a porch is an outdoor platform with a roof. Hogeboom explained that the word "porch" is not defined in City Code. However, the word "stoop" is defined. Hogeboom stated that, according to the City Code's definition of stoop, this structure qualifies as a stoop and not a porch. Kisch stated that there is still ambiguity regarding the definition of a porch and added that it is the Board's responsibility to interpret the definitions in the zoning code. McCarty suggested the Board either make a decision or table the request in order to get further clarification from the City Attorney regarding the definition of a porch. He said he is Minutes of the Golden Valley Board of Zoning Appeals August 24, 2010 Page 4 not comfortable calling the existing structure anything other than a stoop. The applicant said he would be willing to table his request. Segelbaum stated that under the previous variance standards he would be in favor of this request because the situation is unique to this property, the proposal is reasonable and it won't negatively impact the neighborhood. However, "reasonable use" as interpreted now does not fit because the property is still able to be reasonably used. MOVED by Sell, seconded by McCarty and motion carried unanimously to table this request until the September 28, 2010 Board of Zoning Appeals meeting. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 8:40 pm. Chuck Segelbaum, Chair Joe Hogeboom, Staff Liaison 10-08-05 3335 Major Avenue North Tim and Jean Mohr, Applicants Golden galley Date: September 2, 2010 To: Golden Valley Board of Zoning Appeals From: Joe Hogeboom, City Planner Planning 763-593-8095 / 763-593-8109 (fax) Subject: Continued Item - 3335 Major Avenue North Tim and Jean Mohr, Applicants Background Tim Mohr, owner of the property located at 3335 Major Avenue North, is currently requesting a variance from the Zoning Code to construct a roof over the existing concrete steps in front of his home. The concrete steps are located in the front yard setback area. The proposed roof, as well as the columns used to support the roof, would effectively transform the stoop into an `open front porch.' This item was tabled at the August meeting of the Zoning Board of Zoning Appeals so that the Board could have the opportunity to review the definition of "porch". The Merriam-Webster Dictionary defines "porch" as: 1. A covered area adjoining an entrance to a building and usually having a separate roof; 2. A portico. The City Attorney has stated that, in his opinion, the stair structure in front of Mr. Mohr's home is not a porch, despite the fact that an underground room may exist beneath the stairs. Further, the City Attorney has stated that if the stair structure were to be considered a porch for argument's sake, then it could not be expanded by adding a roof to it because that would imply expanding anon-conforming use. As previously discussed, there is a clause in the Zoning Code that permits structures built before 1982 to be located to within 25 feet of the front yard property line. However, this clause does not permit new construction or modification to structures that do not meet current setback requirements. A copy of the entire section of City Code that regulates the R-1 Residential Zoning District has been attached for your reference. The section that references alternate setbacks for existing structures that predate 1982 can be found on page six. Variance Requested 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 an open front porch and the front yard property line. The applicant is requesting 7 feet off of the required 30 feet to a distance of 23 feet between the closest point of the proposed front porch and the front yard property line. Please note that the Board of Zoning Appeals has the authority to "interpret" language contained in the code in addition to or in lieu of granting a variance. Recommended Action Staff review, in consultation with the City Attorney, has determined that the front step structure at 3335 Major Avenue North is not a porch. Further, staff believes the intent of City Code does not permit the expansion of anon-conforming use without the prior issuance of a variance. In light of the recent Supreme Court ruling of Krummenacher v. the City of Minnetonka, staff recommends denial of this variance. If denied, Mr. Mohr has the right to appeal the ruling to the City Council. Mr. Mohr also has the right to petition the City Council to direct staff to create an ordinance that could allow roof structures to be built over front steps. The Board of Zoning Appeals may also construct a memorandum to the City Council, via the Planning Commission, requesting that an ordinance be created that would allow roof structures over front stairs, thereby enabling Mr. Mohr to complete his project. Attachments Location Map (1 page) Applicant's Narrative (1 page) Survey (1 page) Section 11.21 of City Code (11 pages) Photo of Existing Home (1 page) Photo of Proposed Addition (1 page) Aerial Photo of Neighborhood (1 page) Memo from Joe Hogeboom dated August 18, 2010 (2 pages) Variance Application (2 pages) 34T-fi BtVE'`E3 4$iHi ~ 334 ~ 3344 3343 45#13 45113 3348 4747 4' ''-" 4 3335 Major Ave. N. ~ ~~ 33~ 3344 •f , ; ~ ~ .., .- 3334 3334 3335 g' 4790 3332 3333. 333D 3335 3336 m `~, 3327 3332 3328 3327 ~ 3331 3321 3328 332$ 3324 3323 3322 3327 475f1 474€1 3324 470D ?346 3317 3316 3323 ~ 3325 ~ 332fi - 33RD AVE N ...... _~ 3"312 3313 33RUA1fEM 3317 ~ 47A1 '~ 327fl 47!21 ii 3368 3309 3~ ' 32GdY '. 4634 33fl1 3254 AL7ELL AVE 1!i __. ......._ 3245 4620 3235 32211 3183 ~~ 321U 3235 3228 3225 3300 ~tpCFittis"3'Yt 1'<if~; i f I ~.' 333.2 1~ 3307 ~_ 0 4420 3235 /~ 32311 3225 To whom it may concern: 07-23-10 I am requesting, in writing, the reason in which I would like a variance issued for an overhang over our front steps. First, and most important, whenever it rains we get water leaking into the room under the front steps. I believe that an overhang would make a big difference in helping to keep the water off the steps, but also keep the snow off the steps in the winter. The overhang will be about 10' x 7'. I believe it will enhance the look of the property. I went around to each neighbor that actually looks at our house from theirs and showed them the picture of my idea. Everyone thought it was a great idea and signed their approval. We are excited about improving our property, but more excited to get the water problem resolved. Along with this letter is a picture of our existing steps and a picture of what we would like to put up. Thank you, for your consideration. Tim and Jean Mohr 3335 Major Ave N. Golden Valley MN 55422 SURVEY FOR: Tim & Jean Mohr 3335 Major Avenue No. Golden Valley, Minnesota. 55422 DESCRIPTION: Lot 3, Block 10, NOBLE GROVE, City of Golden Valley, Hennepin County, Minnesota. o Denotes Iron Monuments afm ~yao ~ ~ssoeia.Ets, ~nc. PROFESSIONAL LAND SURVEYORS AND LAND DEVELOPMENT CONSULTANTS (612) 421-9126 13621 VINEWOOD LANE DAYTON. MN 55327 _. ~ .--------- n / rrc / ~1 O~lQ~ / ~U Te~.~d lren \ MON~M IhT o ~ I '% I , f. ' ~ l~ N % I + I ~ \ l me~~merst ~ Wae a dt ire„ ~e~~e.~ Me.nomlA~ I ~~ 8S•OO . ¢ece -._ . __. 11 • --- -: --___ _.-_ - - r r - r • '~ 8 s. ~~ f ~hs:h Iln4 ~e~ce ' 'X' - ~ -. on Cohcr¢~¢ i . I by fcM~e Por~' 2 r , ~ d L ~~ ~ 4 - ! y ~ K -~ ~ ~ ~ / O I b Z ` ~ O .- jl•iO ~ ~ ~ ~ 1r- 1~ I t: I 0 .P 4..-:/~ ~ ~ ~~~.~ i a ~ 33 3 S ~ ro -, --- __ ~ _ ze.s 3 ~, ~ i ~ -I ~ ~. 1 _ 4/ r i y- /~.~- i N .. ) .. - a W 0 Zt, ,~ ~ I ~ 0 >. ~ • ~ , ~ Q I ~ ~ ' ~ a f o ~ ~ C ~ ~ a. ~ ,~~ ~9 ~ L ~~ ~ 1 ~ e. C' I "` ~ I c i 1 "~-..... .-. ~ 8.7.0 0 .A .s i r ! to~hd IYo v~ ; µ gs.ov -' L° 8S./o~;li,F 'N q_ 9~ 9. 9 3 w ~ e \ ~ ~ . d~os,Meh~a,eo . 8 4-• 3 S news . . _ __- . -+ Life- !o ~ ~•~ `l O ~ I /9dEN C/ ~= L n ~o.~nd Jro.~t r.1pr,~,~. ern + fo~h 1 nay _ o'r---.-__ _ _ _..____ . - -- __ . __ s ~. o _, --•-______ -- _ _ -_. -~-.- ~ o ,.- -----_ I hereby certify that this survey was prepared by me or under my direct supervision and th~.t am a duly Registered Professional Land Surveyor under the laws of the Stat Hof innesota. Da ed April 15, 1997. By , Minnesota License No. 12267 e~a~e § 11.21 Section ii.2i: Single Family Zoning District (R-i) Subdivision 1. Purpose The purpose of the R-1 Zoning District is to provide for single-family, detached dwelling units at a low density along with directly related and complementary uses. Subdivision 2. District Established Properties shall be established within the R-1 Zoning District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter, and when thus established shall be incorporated in this Section 11.21, Subdivision. 2 by an ordinance which makes cross-reference to this section 11.21 and which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set forth herein. In addition the R-1 Zoning Districts thus established and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subdivision 3. Permitted Uses The following uses and no other shall be permitted in the. R-1 Zoning Districts: A. Single-family dwellings. B. When the property owner resides on the premises, rental of single sleeping rooms to not. more than two (2) people for lodging purposes only. C. Residential facilities serving six (6) or fewer persons. D. Manufactured homes, as defined in this Chapter. E. Foster family homes. F. Essential Services -Class I Subdivision 4. Accessory Uses The following accessory uses and no other shall be permitted in the R-1 Zoning Districts: A. Accessory structures, including private garages, as defined in this Chapter. 1. Accessory structures less than one hundred twenty (120) square feet in area require a Zoning Permit issued by the Director of Planning and Development. The fee for the Zoning Permit is established by the City Council. The purpose of the Zoning Permit is to insure that accessory Golden Valley City Code Page 1 of 11 § 11.21 structures are located in a conforming location on the lot. (See Subdivision 11.) B. Home occupations, as regulated by this Section. C. Home day care facilities licensed by the State of Minnesota serving twelve (12) or fewer persons. Subdivision 5. Conditional Uses A. Residential facilities serving from seven (7) to twenty-five (25) persons. B. Group foster family homes. Subdivision 6. Buildable Lots No dwelling or accessory structure shall be erected for use or occupancy as a residential dwelling on any tract of unplatted land which does not conform with the requirements of this Section, except on those lots located within an approved plat. In the R-1 zoning district a platted lot of a minimum area of ten thousand (10,000) square feet and a minimum width of eighty (80) feet shall be required for one (1) single family dwelling. Subdivision 7. Corner Visibility All structures in the R-1 Zoning District shall meet the requirements of the corner visibility requirements in Chapter 7 of the City Code. Subdivision 8. Easements No structures in the R-1 Zoning District shall be located in dedicated public easements. Subdivision 9. Building Lot Coverage No lot or parcel in the R-1 Zoning District shall have a lot coverage of more than thirty percent (30%) for a lot or parcel over ten thousand (10,000) square feet in area, thirty-five percent (35%) for a lot or parcel between five thousand (5,000) square feet and nine thousand nine hundred ninety nine (9,999) square feet in area and forty percent (40%) for a lot or parcel less than five thousand (5,000) square feet in area. This requirement excludes swimming pools. Source: Ordinance No. 292, 2nd Series Effective Date: 3-12-04 *Subdivision 10. Impervious Surface Total impervious surface on any lot or parcel shall not exceed fifty percent (50%) of the lot or parcel area. Source: Ordinance No. 382, 2nd Series Effective Date: 3-28-08. Golden Valley City Code Page 2 of 11 § 11.21 *Subdivision 11. Principal Structures Subject to the modifications in Subdivision 12, below, principal structures in the R-1 Zoning District shall be governed by the following requirements: A. Setback Requirements. The following structure setbacks shall be required for principal structures in the R-1 zoning district. Garages or other accessory structures which are attached to the house or main structure shall also be governed by these setback requirements, except for stair landings up to twenty-five (25) square feet in size and for handicapped ramps. Source: Ordinance No. 292, 2nd Series Effective Date: 3-12-04 1. Front Setback. The required minimum front setback shall be thirty-five (35) feet from any front property line along a street right-of-way line. Decks and open front porches, with no screens, may be built to within thirty (30) feet of a front property line along a street right-of-way line. Source: Ordinance No. 429, 2nd Series Effective Date: 2-19-10 a. In the case of a corner lot, the side with the narrower street frontage shall be considered the front of the lot. 2. Rear Setback. The required rear setback shall be twenty percent (20%) of the lot depth. 3. Side Setback. Side yard setbacks are determined by the lot width at the minimum required front setback line. The distance between any part of a structure and the side lot lines shall be governed by the following requirements: Source: Ordinance No. 292, 2nd Series Effective Date: 3-12-04 a. In the case of lots having a width of one hundred (100) feet or greater, the side setbacks for structures fifteen (15) feet or less in height shall be fifteen (15) feet. The side setbacks for any structure greater than fifteen (15) feet in height shall be fifteen (15) feet plus one-half (0.5) foot for each additional one (1) foot (or portion thereof) of structure height over fifteen (15) feet; b. In the case of lots having a width greater than sixty-five (65) feet and less than one hundred (100) feet, the side setbacks for structures fifteen (15) feet or less in height shall be twelve and one-half (12.5) feet. The side setbacks for any structure greater than fifteen (15) feet in height shall be twelve and one-half (12.5) feet plus one-half (0.5) foot for each additional one (1) foot (or portion thereof) of structure height over fifteen (15) feet; Golden Valley City Code Page 3 of 11 § 11.21 c. In the case of lots having a width of sixty-five (65) feet or less, the side setbacks for structures fifteen (15) feet or less in height along the north or west side shall be ten percent (10%) of the lot width and along the south or east side shall be twenty percent (20%) of the lot width (up to twelve and one-half (12.5) feet) The side setback for any structure greater than fifteen (15) feet in height along the north or west side shall be ten percent (10%) of the lot width and along the south or east side twenty percent (20%) of the lot width plus one-half (0.5) foot for each additional two (2) feet (or portion thereof) of height over fifteen (15) feet. d. For any new construction, whether a new house, addition or replacement through atear-down, any wall longer than thirty-two (32) feet in length must be articulated, with a shift of at least two (2) feet in depth, for at least eight (8) feet in length, for every thirty-two (32) feet of wall. Source: Ordinance No. 382, 2nd Series Effective Date: 3-28-08 4. Corner Lot Setbacks. To determine the rear yard setback, use the longer lot line. To determine the side yard setback, use the shortest lot line. Source: Ordinance No. 292, 2nd Series Effective Date: 3-12-04 B. Height Limitations. No principal structure shall be erected in the R-1 Zoning District with a building height exceeding twenty-eight (28) feet for pitched roof houses and twenty-five (25) feet for flat roof houses. Source: Ordinance No. 382, 2nd Series Effective Date: 3-28-08 C. Structure Width Requirements. No principal structure shall be less than twenty-two (22) feet in width as measured from the exterior of the exterior walls. D. Cornices and Eaves. Cornices and eaves may not project more than thirty (30) inches into a required setback. Source: Ordinance No. 292, 2nd Series Effective Date: 3-12-04 E. Decks. Decks over eight (8) inches from ground level shall meet the same setbacks as the principal structure in the side and rear yards. Source: Ordinance No. 429, 2nd Series Effective Date: 2-19-YO F. Fences. For the purpose of setbacks, fences are not considered structures. Go/den Valley City Code Page 4 of 11 § 11.21 *Subdivision 12. Accessory Structures Subject to the modifications in Subdivision 12, below, accessory structures, shall be governed by the following requirements: A. Location and Setback Requirements. The following location regulations and setbacks shall be required for accessory structures in the R-1 zoning district: 1. Location. A Detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback as the principal structure. If an addition is built on to an existing principal structure that would create a situation where an existing garage or accessory structure would not be completely to the rear of the addition to the principal structure, the addition to the principal structure may be built and the existing garage or accessory structure may remain and be considered conforming as long as there is at least ten (10) feet of separation between the existing principal structure with the addition and the existing garage or accessory structure. Additions may be made to the existing garage or accessory structure as long as the ten (10) feet of separation can be met. 2. Front Setback. Accessory structures shall be located no less than thirty- five (35) feet from the front property line along a street right-of-way line. 3. Side and Rear Setbacks. Accessory structures shall be located no less than five (5) feet from a side or rear yard property line. 4. Separation between structures. Accessory structures shall be located no less than ten (10) feet from any principal structure and from any other accessory structure. 5. Alleys. Accessory structures shall be located no less than five (5) feet from an alley. B. Height Limitations. No accessory structure shall be erected in the R-1 Zoning District to exceed a height of one (1) story, which is ten (10) feet from the floor to the top horizontal member of a frame building to which the rafters are fastened, known as the top plate. C. Provision for garage. No building permit shall be issued for a single family dwelling not having a two (2) stall garage unless the registered survey submitted at the time of the application for the building permit reflects the necessary area and setback requirements for a future two (2) stall (minimum) garage. Golden Valley City Code Page 5 of 11 § 11.21 D. Cornices and Eaves. Cornices and eaves may not project more than thirty (30) inches into a required setback. Source: Ordinance No. 292, 2nd Series Effective Date: 3-12-04 E. Each property is limited to a total of one thousand (1,000) square feet of the following accessory structures: detached and attached garages, detached sheds, greenhouses, and gazebos. Swimming pools are not included in this requirement. No one (1) detached accessory structure may be larger than eight hundred (800) square feet in area and any accessory structure over one hundred twenty (120) square feet in area requires a building permit. Source: Ordinance No. 382, 2"d Series Effective Date: 3-28-08 F. Size of Accessory Structures. No accessory structure shall be larger in size than the principal structure. (See Subdivision 4.A(1)). G. Swimming pools. Swimming pools shall meet the same setback and location requirements for accessory structures. Setbacks shall be measured from the property line to the pool's edge. Decks surrounding above ground pools shall meet setback requirements. H. Decks. Free standing decks or decks attached to accessory buildings shall meet the same setback requirements for accessory buildings. (See Subdivision 16.) Central Air Conditioning Units. Central air conditioning units shall not be allowed in the front yard of a single family home. Source: Ordinance No. 292, 2nd Series Effective Date: 3-12-04 J. Roof. Gambrel and Mansard roofs are not permitted on any accessory building with a footprint of more than one hundred twenty (120) square feet. Source: Ordinance No. 382, 2nd Series Effective Date: 3-28-08 *Subdivision 13. Pre-1982 Structures For all existing structures constructed in the R-1 zoning district prior to January 1, 1982, the following structure setbacks shall be in effect. A. Front Yard. The structure setback for principal structures shall be no closer than twenty-five (25) feet to the front yard property line. B. Side Yard. The structure setback for principal structures shall be no closer than three (3) feet to the side yard property line. Golden Valley City Code Page 6 of I1 § 11.21 C. Rear Yard. The structure setback for principal structures shall be no closer than ten (10) feet to the, rear yard property line. D. Accessory Structure. The structure setback for accessory structures shall be no closer than three (3) feet to the side or rear yard property lines. At the discretion of the Director of Planning and Development, a property owner may be required to move an accessory structure if it is located in a public easement area. Source: Ordinance No. 292, 2nd Series Effective Date: 3-Y2-04 *Subdivision 14. Height and Side Setbacks of Pre-2008 Structures. For all existing structures constructed in the R-1 Zoning District prior to January 1, 2008, if the side setbacks and height were compliant with the Zoning Code at the time a building permit was issued, the location and height are considered conforming to current Zoning Code. However, new construction and additions to such properties must comply with current requirements of the Zoning Code. Source: Ordinance No. 382, 2"d Series Effective Date: 3-28-08 *Subdivision 15. Temporary Outdoor Storage Temporary Outdoor Storage in the R-1 zoning district shall be governed by the following requirements: A. Duration. Temporary outdoor storage units shall not be stored on a property for more than seven (7) days. B. Location. Temporary outdoor storage units shall be stored on a hard surface and be located completely on private property. *Subdivision 16. Decks and Platforms Decks and platforms not. more than thirty (30) inches but greater than eight (8) inches above adjacent grade and not attached to a structure with frost footings and which is not part of an accessible route shall require a zoning permit issued by the Director of Planning. The fee for the zoning permit is established by the City Council. The purpose of the zoning permit is to insure that decks greater than eight (8) inches but less than thirty (30) inches in height are located in a conforming location on the lot. (See Subdivision 11.H). *Subdivision 17. Home Occupation Requirements A. Home occupations in the R-1 Zoning District shall be governed by the following requirements: 1. The use of the dwelling for the occupation or profession shall be incidental and secondary to the use of the dwelling for residential purposes. Golden Valley City Code Page 7 of 11 § 11.21 2. The exterior appearance of the structure shall not be altered for the operation of the home occupation. 3. There shall be no outside storage or display of anything related to the home occupation. 4. An accessory structure, including a garage, shall not be used for a home occupation. 5. A permitted occupation, shall not result in noise, fumes, traffic, lights, odor, excessive sewage or water use or garbage service, electrical, radio or TV interference in a manner detrimental to the health, safety, enjoyment and general welfare of the surrounding residential neighborhood. 6. No physical products shall be displayed or sold on the premises except such that are incidental to the permitted home occupation. 7. No signs or symbols shall be displayed other than those permitted for residential purposes. 8. Clients, deliveries and other business activity where persons come to the home shall be limited to between the hours of 9 am and 9 pm. 9. No more than twenty percent (20%) of the gross floor area of the dwelling shall be used for the home occupation. 10. Parking related to the home occupation shall be provided only on the driveway of the property where the home occupation operates. 11. A home occupation shall not generate more than eight (8) client trips per day and serve no more than two (2) clients or customers at a time. 12. There shall only be one (1) outside employee allowed on the premises at which a home occupation is located. 13. All other applicable City, State and Federal licenses, codes and regulations shall be met. B. The following uses are prohibited home occupations: 1. Repair, service, building, rebuilding or painting of autos, trucks, boats and other vehicles 2. Restaurants or cafes 3. Animal hospital Golden Valley City Code Page 8 of 11 § 11.21 4. Veterinarian Clinic 5. Funeral Home, mortuary or columbarium 6. Medical/Dental clinic or similar 7. Stable or kennel 8. Repair and service of items that cannot be carried by one (1) person and repair and service of any item involving an internal combustion engine or motor 9. Retail sales 10. Sale or repair of firearms Source: Ordinance No. 292, 2nd Series Effective Date: 3-12-04 *Subdivision 18. Outdoor Storage Outdoor storage of items on properties within the R-1 Zoning District is governed by the following provisions: A. Front Yard Storage. 1. Storage of items in the front yard may occur solely upon a driveway, and in no other location. 2. No personal motorized recreational vehicle or boat may be stored in a front yard, except upon a trailer. 3. Only one (1) of the following may be stored in all front yards of any lot: a. Recreational camping vehicle; b. Trailer. The term "trailer", as used in this Subdivision, means a trailer for multiple purposes including but not limited to hauling a boat, personal motorized recreational vehicle, or fish house. 4. Storage in the front yard of items other than those listed in Subdivision 18(A)(3) above may not exceed thirty (30) days unless a Front Yard Storage Permit is issued to the property owner. A Front Yard Storage Permit may be issued at the discretion of the City Manager or City Staff designated by the City Manager. B. Setbacks. 1. Front Yard Storage. Any storage of items in the front yard shall be behind the property line. Go/den Valley City Code Page 9 of Y 1 § 11.21 2. Side Yard Storage. Items stored in that portion of the side yard to the front of the rear yard, may not be stored within three (3) feet of the property line. Items stored in that portion of the side yard to the rear of the primary structure or attached garage, may not be stored within five (5) feet of the property line. 3. Rear Yard Storage. Items stored in the rear yard may not be stored within five (5) feet of the property line. C. Screening. Side and Rear Yard Storage. Any storage of a recreational camping vehicle, fish house, trailer, boat, or personal motorized recreational vehicle in the side or rear yard must be screened using either vegetative screening or a fence in accordance with Section 11.72 of this Chapter. Source: Ordinance No. 311, 2nd Series Effective Date: 10-29-04 *Subdivision 19. Paved Area Requirements Paved areas in the Single Family (R-1) Zoning District, include those constructed of concrete, bituminous pavement, or pavers, and are governed by the following provisions: A. Driveways built or reconstructed on or after January 1, 2005, shall be paved. B. Setbacks. Paved areas shall be setback three (3) feet from a side yard property line, except for shared driveways used by multiple property owners pursuant to a private easement. Source: Ordinance No. 415, 2nd Series Effective Date: 02-13-09 C. Coverage. No more than forty percent (40%) of the front yard may be covered with concrete, bituminous pavement, or pavers. Source: Ordinance No. 382, 2"d Series Effective Date: 3-28-08 D. Street Access. Each lot may have only one (1) street curb cut access, except the following lots may have up to two (2) street curb cut accesses: 1. A lot that contains two (2) legally constructed garages. Golden Valley City Code Page 10 of 11 § 11.21 2. A lot of a resident that requires additional driveway access that qualifies for a reduced class rate for homestead property as defined by MN Statute 273.13 subdivision 22 Class 1b. Source: Ordinance No. 436, 2"v Series Effective Date: 4-16-10 *Renumbering Source Ordinance No. 382, 2nd Series Effective Date: 3-28-OS Subdivision 20. Garden Structures Garden Structures shall be located no closer than five (5) feet to any property line. Garden Structures shall not exceed ten (10) feet in height. Source: Ordinance No. 433, 2"d Series Effective Date: 2-26-10 Golden Valley City Code Page 11 of 11 ,~ -F. ~~~~~,_ .~,,1''' ~ ~ ~~, ~ ~ ~; ~` ~ ~ ~~- --~- ~ :' ~` 'A ~ ' ~ ~-~ ~° ~~=:: ~~ '~~... r~ ~ x rs t ~~~ ~ . R~. ~i. _ .a....v+i :_ ~,,. ~~ ,. , i °` ~;_ " ~f~~ ; g. .j;..a , r E ~~~- L_ ~ ~` ~ ~., ~~_~ . 1 r. ,~y,. f f- ,...,. ....y- _ ... ~ r ... .«.,.. .. ~_~.~.,.~~_ ~ s ,vr N....~_. .......,......,e.~,,,._~~r..~..._, .Y~ 4 - . ,.~ ~_.._ t ~ , .,, ~ _ _ _ •~. ~~ ;,. ~. ., '~ i` ~~ t ~ s l v 'I ~ ~" ~F x •3341 ~ ~'. ~ '.~ ~ 333 ~' .-_ ~,;~ 3343 ; ~ ~ ~ ..w~., - 4503 ~ 4 _~- .. ~ ~ ~ T_ y, ~ .. ' . ;. ti ~ '~` 3340 ya~~._- ~ 3339 "~ C ,M"" ,. ~ 3338 3343 ~-. -. _ -. 3339 ~ _ ~ - e ^' - z v _- - ~~ ~~~~ ' '~" • 3336 ip ~~.a ~ 333 ~ ~ ,~ ~^ 3334~5.•~ ddd .3339° ,. 3335 ~"~^' ~ '' ~ ~ '~' m. _ , tiff a~~9P ,,_ "tl.~. ~~ ,~ s t t x. ~ }~ '~p.i 3332 ~ ~"'" ~aY ,~..~~. w ,. ~ ii..,, ~ n r„ 3331+ v 3330 ?LL:m 3335 w r.. m'~ V ~ • ~ f ~ ~ `: ~ ,. , 3327 , ~ ~ ~~". 'y ~ - ~ ~~- ~; ~~.. ~~_ ~~: ss~ ~ _ ~• ~,.r ~; ~ti a" 3328 ~ -, ~.';. 3327 ?, 3326• - 333 -~ ~~ ,# ~~ .. F ~~~ 3317 3324 ~ 3323 ' ~„ 4` 3322 ~ ~ ~ - +.r ' ~' G~ ~P +..~ ~. ~ ~ ~ -~ r~ ~ ~- ~ ,-- a,.; , --~ - ~ i ~ th4 n~ i. M ~i a ` 1~ r. ~ ,~,' 3316 3317 ~ a ~ „.I % ~, `r,~ s 3316 ~ 3323 -, u ~ . 4-•, u. ~ r t ~ ~ ~ ,y}. i ~eF. $ } Golden Valley Date: August 18, 2010 To: Golden Valley Board of Zoning Appeals From: Joe Hogeboom, City Planner Subject: 3335 Major Avenue North Tim and Jean Mohr, Applicants Planning 763-593-8095 / 763-593-8109 (fax) Background Tim and Jean Mohr are the owners of the property located at 3335 Major Avenue North. The Mohrs are requesting a variance from the Zoning Code to construct a roof over the existing concrete steps in front of their home. The concrete steps are located in the front yard setback area. The proposed roof, as well as the columns used to support the roof, would effectively transform the stoop into an `open front porch.' For all residential properties in Golden Valley, open front porches may extend no closer than 30 feet toward the front yard property line. The existing front stoop for this property extends to a distance of 23 feet at its closest point to the front yard property line. It should be noted that most homes along Major Avenue North are located closer to the front property line, as evidenced by the attached aerial image of the area. In 1997, variances were granted to the property that allowed for the construction of an addition, as well as for the construction of a roof over the front steps. While the addition was. completed, the work to the front steps has never occurred. Unless extended by an act of the City Council, variance waivers expire one year from the date of issuance if not acted upon. A copy of the variance material from 1997 has been attached for your reference. Variance Requested 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 an open front porch and the front yard property line. The applicant is requesting 7 feet off of the required 30 feet to a distance of 23 feet between the closest point of the proposed front porch and the front yard property line. Recommended Action In June, a similar variance request (for a property on Kyle Avenue) was presented to the Board. The Board, at that time, granted the variance as requested by the applicant. The Board found that the request seemed logical and had no impact to the surrounding properties. However, the recent Supreme Court ruling of the Krummenacher v. the City of Minnetonka has impacted ways in which variances can be granted. Among other things, the Krummenacher v. the City of Minnetonka ruling has brought the following component of undue hardship into greater consideration: "The property in question cannot be put to a reasonable use if used under conditions allowed under the zoning ordinance." Although the Mohrs' request, in the opinion of staff, would not alter the essential character of the locality, another qualifier for determining hardship, the request does not demonstrate that the property cannot be put to a reasonable use if the variance is denied. For this reason, in keeping with ruling of the Minnesota Supreme Court, staff recommends denial of this variance. City of Golden Valley For Office Use Only: Board of Zoning Appeals (BZA) Application "°. Date. Received Zoning Code Variance Application BzA Meeting Date Amount Received 1. Street address of property involved in this application: 33 3`~ ~~ ia,r- ~~~ ~ 2. Applicant: Writ !'~'1o h l- Name .S~s"yZZ 3 33S" r~'la.%~,~~ ~ ~o/dam y~l/~y ~.U Address City/State/Zip T63-s.29 376 6/2 -Z-Z/-37/~ Business Phone Home Phone Cell Phone 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 approve d and cannot be changed before or after the building permit is issued. ~ L PJT ©Y~°r~1~r OYef ~ron~ S~,oPs 4. A brief statement of the hardship which provides legal grounds for the granting of this variance (see Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs, or other evidence, if appropriate. ~a~f",e,r /N~~S i `~ ~c~ S~I~ 1 ~ I ~"y®.~ s :~ T!~ e. ~h~ , 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 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 ~j~~ f ~~~ ~~+-~~~.-•~ Comment Signature Address ~3'3"~ ~"^~~- -'°~~- ~1 Print Name Comment O~ C~~`~l~~Gr~-- Signature 33'.~l Address Cw/, ,~ Print Name ~,r~.-,~ ~~. /Looor~,~h_ Comment U~ , ~ ~7`l~ /a,,. 3 330 /~uJ ~- u~c . Signature Address 6o%(,~K 71~./l~~ ~/l ~~- Print Name ~V 11/` lS~ {~~. ,,~~~- Comment I Signature Address~~~~ ~~ U~ J~. Print Name U / G/ C Comment c Signature - Address Print Name Comment Signature Address Print Name Comment Signature Address