03-15-07 BZA Agenda
e
e
e
Board of Zoning Appeals
Regular Meeting
Thursday, March 15, 2007
7pm
7800 Golden Valley Road
Council Conference Room
I.
Approval of Minutes - January 23, 2007
II.
The Petitions are:
2355 Regent Avenue North (07-02-02)
Scott & Helen Moser, Applicants
Request: Waiver from Section 11.21, Subd. 10(A)(3)(a) Side Yard
Setback Requirements
. 5 ft. off the required 15 ft. to a distance of 10ft. at its closest
point to the side yard (south) property line.
Purpose: To allow for the construction of new 4-season porch/sunroom
addition.
817 North Tyrol Trail (07-02-03)
Eric William Flom, Applicant
Request: Waiver from Section 11.21, Subd. 10(A)(3)(a) Side Yard
Setback Requirements
. 8 ft. off the required 16 ft. to a distance of 8 ft. at its closest
point to the side yard (north) property line.
Purpose: To allow for the construction of new master bedroom addition.
III. Other Business
IV. Adjournment
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
.
January 23, 2007
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
January 23, 2007 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota.
Acting Chair Weisberg called the meeting to order at 7 pm.
Those present were Members, Morrissey, Weisberg and Planning Com
Representative McCarty. Also present were Director of Planning and
Grimes, Building Official Gary Johnson and Administrative Assistant
Members Boudreau-Landis, Nederveld and Sell were absent.
I. Approval of Minutes - December 20,2006
Morrissey referred to the first sentence in the second
stated that the word "by" should be replaced with
MOVED by McCarty, seconded by Morrissey an
approve the December 20, 2006 minutes~~t
ried unanimously to
correction.
II. The Petitions are:
. 1430 June Avenue Sou
Ci of Golden Valle
Decide appeal of
Subdivision B rega
South.
e in interpretation of Chapter 11.21,
ight lim tations for the property at 1430 June Avenue
I type of variance request. He explained that there is
hood who feels that the definition that the City uses to
ructure has not been properly administered. The neighbor
o June Ave. S. is actually 32 feet in height and not the 30 feet
oning Code.
.
at a building permit was issued for the construction of the house at
1430 J . S. in June 2005. He showed pictures of the house currently under
construction and reviewed the section in the City Code relating to height which states
that no principal structure in the R-1 zoning district can exceed 2 Y2 stories or 30 feet in
height, whichever is less. He referred to a drawing from the Minnesota Department of
Natural Resources (DNR) that illustrates how height is measured and stated that the
City has been determining height according to this illustration for several years. He then
referred to the plans of the subject property and explained to the Board how staff
determined the height of the house in question.
.
.
.
Minutes of the Golden Valley Board of Zoning Appeals
January 23, 2007
Page 2
Johnson stated that it is a Federal Emergency Management Agency (FEMA)
requirement that houses be built 1 foot above flood level and that is why the house in
question was built on a pedestal.
Grimes explained that the Board needs to decide if the way staff measured the house is
consistent with the DNR illustration (which the City has adopted as a policy for
measuring height) and the Zoning Code or if staff has interpreted the DNR illustration
incorrectly. He also suggested that the Board pass on any concerns they have about
how height is measured in the Zoning Code to the Planning Commissi
McCarty asked if staff has actually gone to the site and physically
Grimes said that staff has measured the house several times a
with the building plans and the building permit issued. Grimes
, neighbor questioning the height is right in his measurement
of where he is measuring from on the house. McCarty said h
correctly interpreted the way the height was measure
use.
nt
at the
uestion
staff
Weisberg opened the public hearing.
Ella Ramsey, 4335 Sussex Road stated th
it was before the Planning Commission
house plan than what was ultimately b
the area and she believes that pe
to build. The neighborhood was
doesn't match what was propo
Avenue lot. She addedtha
several years ago regar .
subdivision hearing when
presented a very different
'd fou omes were recently built in
, uild what they say they are going
to see the house that was built and it
of t ubdivision to create the 1430 June
re was a covenant in their neighborhood
homes.
Seeing and hearin
ishing to speak, Weisberg closed the public hearing.
in the City Code that ties someone to a specific plan
uirements of the zoning and building codes. He added that if
nces then the applicant would have to build their house
were approved.
Grimes stated '
when it meets
plans we
accord
the homeowner changed architects mid stream so the house plans
when the neighbors originally saw the plans.
Grimese ned that the Planning Commission is currently in the process of looking at
in-fill developments. Weisberg suggested that the Board communicate to the Planning
Commission height is an issue that should be considered.
Morrissey referred to the DNR illustration and stated that she understands it to read that
it offers two numbers and you have to determine which is' lower. One choice is the
highest adjoining ground level at the building and the other choice is 10 feet above the
lowest ground level and the height of the building is supposed to be measured from
whichever one of those is the lower.
.
.
.
Minutes of the Golden Valley Board of Zoning Appeals
January 23, 2007
Page 3
She said if that is the correct interpretation then she thinks this house may have been
measured incorrectly by staff or the DNR illustration has been interpreted incorrectly by
staff.
Weisberg a~ked if the house were to be measured as Morrissey suggested if it would
still be in conformance. Morrissey said no because the measurement is supposed to be
taken from either the lowest ground level or the highest adjoining level whichever one is
lower.
Grimes stated that staff interpreted the DNR illustration to mean that
house is the vertical distance between the highest adjoining grou e
or 10 feet above the lowest ground level whichever is lower.
the
'Iding
. Weisberg stated that it is sounding like the Board is disagre
interpretation and his feeling is that it seems awkward for all
unnecessary step to send this issue on to the City Co .
Morrissey said she doesn't think it's a question
determine height, she thinks it's a question of if
correctly. Grimes stated that he now believ
illustration incorrectly, but this is the wa
different way to
'nition is being interpreted
een interpreting the DNR
terpreting it for years.
Weisberg said he is assuming tha
like to see it be shorter. He said
definition for height is reasonab
that the definition has bee
does not want to sugge
communicate to the Plan
they would like res ed.
the house is too high and would
affirm that - A) using the DNR
t, the Board thinks in this particular case
misinterpreted by city staff, C) The Board
urse and D) The Board wishes to
that there are issues regarding height that
nterpreted the height definition incorrectly and the
oning code and is going to have to be issued a variance.
wtrrthe Board could propose a variance. Grimes said he would
rhey about the next step and make sure the neighborhood
any variances.
Luk
asked
mistake in
10 June Avenue South stated that there are rules to be followed and
ule wasn't followed correctly. Morrissey explained that staff made a
interpretation of the definition of height in this particular case.
Maholo said this is not a typical situation or lot. He said there have been a lot of
problems with this lot and it's an example of a house that doesn't fit in.
Ramsey said she agreed that it is a very irregular lot and said the owner has designed
the house to fill up the entire space of the lot. Morrissey explained that it is fully
compliant to build all the way to edges of the setback lines.
.
.
.
Minutes of the Golden Valley Board of Zoning Appeals
January 23, 2007 '
Page 4
Maholo stated that approximately 80% of the foundation is in excess of 40 feet or
higher. He asked if there were any ordinances that would address this issue. Weisberg
said there were none to his knowledge and suggested that be another thing the
Planning Commission could look into.
Morrissey explained thatthere are other Boards and Commissions that can hear
feedback and decide what things are worth changing but the Board of Zoning Appeals
has the responsibility to interpret what is already on the books and what is in
compliance.
Grimes stated that he thinks the house will look much better whe
installed.
, MOVED by McCarty, seconded by Morrissey and motion ca
Board of Zoning Appeals does not agree with how staff inter
home currently under construction at 1430 June Aven
McCarty said he would talk to the Planning Co
discuss with them the DNR definition of height
r his meeting and
o be interpreted.
III. Other Business
No other business was discussed.
IV. Adjournment
,l:
.
07-02-02
.
2355 Regent Avenue North
Scott & Helen Moser
.
.
.
.
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
February 16, 2007
Golden Valley Board of Zoning Appeals
Teresa Murphy, Planning Intern
2355 Regent Ave North
Scott and Helen Moser, Applicants
To:
From:
Subject:
Scott and Helen Moser are the owners of the property located at 2355 Regent Avenue North.
The owners are proposing the construction of a 4-season porch/sunroom addition on the south
side of the existing home.
According to the applicant's submittal, the hardship with this property is due to the irregular
placement of the existing house on the lot. The variance request is to allow for the construction
of a new 4-season porch/sunroom.
The proposed project requires the following variances from City Code:
Section 11.21, Subd.10(A)(3)(a) Side Yard Setback Requirements. The Zoning Code states
that side yard setbacks in the R-1 zoning district for lots greater than 100 feet in width are 15
feet. The variance request is for 5 ft. off the required 15 ft. to a distance of 10ft. at its closest
point to the side (south) property line.
No previous variance requests were found for this property.
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February 5, 2007
.
Planning and Zoning Board
City of Golden Valley, Minnesota
RE: Variance Application: Moser property, 2355 Regent Avenue North
Dear Council Members:
My husband, Scott, and I are seeking a variance to the current setback requirements for our
property.
Our property was built in 1958, at which point there must not have been the same 15 feet
setback requirement that is now in place. Our current structure is just over 6 feet from the side
property line (closest point of our current garage). We did not know of the 15 feet requirement until
receridy, after we had begun planning for an addition to our current structure.
If we are not approved for a variance, it would be an unbelievable hardship to my family. We
have already put money down to purchase the sunroom portion of the addition, which, I believe, has
already been delivered to Renaissance Exteriors.
.
The new addition will actually be further from the property line than the current structure, so
we are not requesting that we are allowed to add a structure closer to the property line than is already
in place. We were not aware when we purchased the property that the structure already in place was
not in compliance with current zoning requirements. This might have given us pause in our decision
to purchase the home.
Our desire is to enhance and make more Functional an older home in the City of Golden Valley.
We wish to be long-term residents in this City and hope to be allowed to improve our property to
make it more attractive and functional and to add to our overall enjoyment of our home, as we
believe is a right due to home ownership.
We have had conversations with our neighbors on both sides of our property since we began
planning this addition. Through these conversations, no objections have been raised to the addition.
There are no properties behind our home to be affected due to the wedand area.
Please grant our request for variance. Should you require additional ir).formation, please do not
hesitate to contact us.
.
Sin~:1/ /' .'/ .
c:P~
.... tlrel:n c. Moser
2355 Regent Avenue N
763-522-0090
2themosers@comcast.net
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1. Street address of property involved in this application:
Zg.s:s- ~,..n- /NL AI
2. Applicant: ~Nt}/~ C'>C7ClUoJ<..S - SCCS'1"(' I~
Name
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Address
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City/State/Zip
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'Business Phone Home Phone Cell Phone
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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.
A- ~~ S~ ~r-.j jCL~"'-"- ~I "7?~N ~ 177-1- A.0
mr-Ae~ ~.s SuNi?-~.
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.
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5. To the best of my knowledge the statements found in this application are true and correct. I also
understand that unless construction of the action applicable to this variance request, if granted,
is not taken within one year, the variance eXP~ires.
~ :
Sig t e f Icant
6. If the applicant is not the owner of all property involved i
owner of this property:
JiaJerLnC /Jt$V
Variance Application Submittal:
The following information must be submitted by the application deadline to make a complete
application. If an application is incomplete, it will not be accepted:
Completed application form, including signatures of surrounding property owners.
A current or usable survey of the property must be attached. See the handout on survey
requirements.
A brief statement of the hardship which provide grounds for the granting of this variance (see
Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs, or
other evidence, if appropriate.
You may submit detailed description of building(s), addition(s), and alteration(s) involved in this
project. The site plans and drawings submitted with this application will be the basis of any
variance that may be approved and cannot be changed before or after the building permit is
issued.
Variance application fee, as follows: $125 - single family residential; $225 - other
Signatures of Surrounding Property Owners
Note to the variance applicant:
As part of the variance application process, you will need to attempt to obtain the signatures of all
surrounding property owners. This includes all properties abutting the applicant's property and directly
across the street. If on a corner, this means across both streets.
To obtain these signatures, you will need to personally visit each of these property owners, tell them
about your project (we encourage you to bring along a copy of your building plans) and have them
sign the area, below. The signature is meant only to verify that you have told them about your
project and gives them opportunity to comment.
If you have attempted to contact a property owner on two separate occasions and not found them at
home, you may simply write something to the effect "made two attempts, owner not home" and then
write their address. City staff will also send a written notice informing these property owners of the
time and place of the BZA meeting.
Note to surrounding property owners:
This is an application by your neighbor for a variance from the City Zoning Code. Please be aware of
ny possible effect the granting of this variance could have on your property. You will also be
eceiving a written notice informing you of the time and place of the variance meeting.
, 355'
efV
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
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Comment
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.
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07 -02-03
817 N. Tyrol Trail
Eric William Flom
~
.
.
.
Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
February 16, 2007
Golden Valley Board of Zoning Appeals
Teresa Murphy, Planning Intern
817 North Tyrol Trail
Eric William Flom, Applicant
To:
From:
Subject:
Eric William Flom is the owner of the property located at 817 Tyrol Trail. The owner is proposing
the construction of a new master bedroom addition on the north side of the existing home.
According to the applicant's submittal, the hardship with this property is due to the unique shape
and grade of the lot. The existing home sits 8 feet from the property line. The variance request is
to allow for the construction of a master bedroom addition with the same setback to align with
the existing home. This area is flat and level and is preferred for the new addition over the back
of the house which is a steep hillside.
The proposed project requires the following variances from City Code:
Section 11.21, Subd. 10(A)(3)(a) and (d) Side Yard Setback Requirements. The Zoning
Code states that in the case of lots having a width of 100 feet or greater the side setback shall
be 15 feet. If a principal structure is greater than 40 feet in depth along a side yard adjacent to
another property, the side yard setback shall increase by one foot for each additional ten feet of
structure depth or portion thereof. According to Zoning Code, the total side yard setback
required on the north side of this property is 16 feet. The variance request is for 8 ft. off the
required 16ft. to a distance of 8 ft. at its closest point to the side (north) property line.
A previous zoning variance request was approved on June 8, 2001 to bring the existing home
and garage into conformance and to allow for the construction of a porch addition.
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City o.f Go.lden Valley
Bo.ard o.f Zo.ning Appeals
Zo.ning Co.de Variance Applicatio.n
817 No.rth Tyro.l Trail
Go.lden Valley, MN 55416
3. A brief statement of the hardship which provides legal grounds for the
granting of this variance.
A variance is being requested far the side yard setback requirement.
The no.rth side o.f o.ur ho.me currently sits o.nly 8' fro.m the pro.perty line.
The required side yard setback far o.ur property is 15'.
Weare pro.po.sing to. add a master bed roam o.nto. the front o.f o.ur ho.me.
Our ho.me is lo.cated an a steeply slo.ped and irregularly shaped lo.t. The
ho.me was o.riginallY built to. acco.mmo.date the unique site. Our present
ho.me features a tuck under garage with living spaces abo.ve. The
bedro.o.m wing o.f o.ur co.ttage rambler fo.llo.ws the co.nto.urs o.f the site and
is therefo.re lo.cated six steps o.r 45" abo.ve the level o.f o.ur main flo.o.r.
.
. It is o.ff o.f the raised bedro.o.m wing that we wo.uld like to. expand o.ur
ho.me. Any additio.n an the back o.f o.ur ho.me wo.uld push us further into.
the steep hillside o.ur ho.me rests an. When we purchased the harne, we
underto.o.k extensive landscaping measures to. alleviate water infiltraitio.n
into. o.ur ho.me caused by the hillside and steep grade in the backyard.
Fo.rtunately the area in fro.nt o.f o.ur ho.me and directly adjacent to. the
bedro.o.m wing is flat and level far appro.ximately 40'. This is the area we
are pro.po.sing to. locate the additio.n. With the unique shape and grade o.f
o.ur lo.t, the ho.me sits back far eno.ugh fro.m the street that the additio.n we
are pro.po.sing do.es no.t encro.ach an the front yard setback. The fro.nt yard
setback far o.ur ho.me is 35', and o.ur additio.n wo.uld extend no. clo.ser then
50' to. the front property line.
.
The additio.n we are pro.po.sing maintains the co.ttage character o.f o.ur
ho.me. This alo.ng with the farty three feet between aur hame and o.ur
neighbar's home to. the narth), sho.uld minimize any impact aur praject
will have an their praperty. The ho.me at 801 No.rth Tyro.l Trail also. sits 4'
in elevatio.n abo.ve o.ur ho.me with a significant amo.unt o.f trees and
vegetatio.n between them.
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
.} .,'
1. Street address of property involved in this application:
~ I -::t We:? ~1"l4 1'( ':"e>l.... -r;..ktl..
2.
Applicant:
t: ,... , .:::-
Name
W, L-c.-Ikt-1
f-L.D t-1
c\ ~ :><p X <eo I ~ 1--.Je> lLTH- T...",.., l... T (2.-o.r11-
7. ~' . '5!J Address
~~, (,I'2-'?1'1'01CJ~ 1CD?''?11' -11'79 UIZ '?~~'344"
IY 'j .,J{ Business Phone Home Phone Cell Phone
~/ ~~
. ~tf' '>1! \P....-<"- r .
.\('d- .i'("-~' e. -t' \ om <? \ n+e"r~C:H,)rce. - I ('\-C. <:,.e h"I
. .f-.~ ~lj-'O) EmaW Address
J \\.1-
J"
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.
GeV I f-1. U I ~71' (p
City/State/Zip
~~
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.
~I.~
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.
~a 77-;1
Signature of It. plicant
6. If the applicant is not the owner of all property involved in this application, please name the
owner of this property:
Print Name of owner
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:
.-L 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.
v. A brief statement pf the hardship which provide grounds for the granting of this variance (see
Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs, or
other evidence, if appropriate.
~ You may submit detailed description of building(s), addition(s), and alteration(s) involved in
this project. The site plans and drawings submitted with this application will be the basis of
any variance that may be approved and cannot be changed before or after the building permit
is issued.
~ Variance application fee, as follows: $125 - single family residential; $225 - other
Signatures of Surrounding Property Owners
Note to the variance applicant:
As part of the variance application process, you will need to attempt to obtain the signatures of all
surrounding property owners. This includes all properties abutting the applicant's property and directly
across the street. If on a corner, this means across both streets.
To obtain these signatures, you will need to personally visit each of these property owners, tell them
about your project (we encourage you to bring along a copy of your building plans) and have them
sign the area, below. The signature is meant only to verify that you have told them about your
project and gives them opportunity to comment.
If you have attempted to contact a property owner on two separate occasions and not found them at
home, you may simply write something to the effect "made two attempts, owner not home" and then
write their address. City staff will also send a written notice informing these property owners of the
time and place of the BZA meeting.
Note to surrounding property owners:
This is an application by your neighbor for a variance from the City Zoning Code. Please be aware of
any possible effect the granting of this variance could have on your property. You will also be
receiving a written notice informing you of the time and place of the variance meeting.
By signing this form, you are only verifying that you have been told about the project, not that
you necessarily agree or object to the project. If you wish, you may comment on the project.
Comments can contain language of agreeing with the project, objecting to the project or other
statements regarding the project.
Print Name ~o...r~ \::)6clC1 fl
er --.
Comment
Signature C-- ~____
Print Name ;lJ'an Lu1A..., fmcU;t~
Address 33/ ~
.LI 55Y I
Comment
Address.2QJ ~ ~t "'.
~ v. ~140
Address 1/6 ~~~. S.
G ..V.rr-C{ /6
Signature --Y~ d1A l -efl
Address 8l b ..,. Y rOl -u-c...":' I . l..J
6.V b94-\b
Print Name
Comment
Signature
Address
Print Name
Comment
Signature
Address
Print Name
Comment
Signature
Address
.
GUEST
BEDROOM
BEDROOM #1
21' -3"
MASTt:R
BEDROOM
BEDROOM #2
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LIVING
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c=J NEW CONSTRUCTION
_ EXISTING
o ~~~~/;~~;L FLOOR PLAN Jan. 29,2007
.
MASTE:R
SE:DROOM
BEDROOM #1
BEDROOM #2
LIVING
ROOM
.
.
o EXISTING MAIN LEVEL FLOOR PLAN
SCALE 1/8" = 1'-0" Jan. 29, 2007
.
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CERTIFICATE OF SURVEY
FOR: ERIC & NANCY FLOM
817 North Tyrol Trail
Golden Valley, MN
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.cale: 1" = 20'
o Denotes iron monument
xooO.o = Existing elevation
Bearings are assumed
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I hereby certify that this survey was prepared by me or under
my direct supervision and that I am a duly Registered Land
Surveyor under the laws of the State of Minnesota.
Surveyed by me this 12th day of Jan~, 2007.
(' ul'd,r./ )
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, '/.4/'1-,(, Legal Description:
Lot 16, Block 10, WEST TYROL HILL'S.
Benchmark: TNH, intersection Ravine Trail with North Tyrol TraiL
N.G. V. D. 1929 adjusted 'devation = 888.91 feet.
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ern F. Lemire
Minnesota Reg. No. 13349
4416 Abbott Ave. N
Robbinsdale, MN 55422
Phone: 763.537.0497