08-28-07 BZA Agenda
e
e
e
Board of Zoning Appeals
Regular Meeting
Tuesday, August 28, 2007
7pm
7800 Golden Valley Road
Council Chambers
I.
Approval of Minutes - July 24, 2007
II.
The Petitions are:
5111 Olson Memorial Highway (07-08-23)
Robert & Janice McCabe, Applicants
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
. 12 ft. off the required 35 ft. to a distance of 23 ft. at its closest
point to the front yard (north) property line.
Purpose: To allow for the construction of a front entry addition
1801 Independence Avenue North (07-08-24)
Sandra Gunderson, Applicant
Request: Waiver from Section 11.21, Subd. 10(A)(3)(c) Side Yard Setback
Requirements
. 2 ft. off the required 6 ft. to a distance of 4 ft. at its closest point to
the side yard (north) property line.
Purpose: To allow for the construction of a main floor closet addition
Request: Waiver from Section 11.21, Subd. 10(A)(3)(c) Side Yard Setback
Requirements
. 2 ft. off the required 6 ft. to a distance of 4 ft. at its closest point to
the side yard (north) property line.
Purpose: To allow for the construction of a second story addition
3329 Kyle Avenue North (07-08-25)
David Zinn, Applicant
e
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
. 17.62 ft. off the required 35 ft. to a distance of 17.38 ft. at its
closest point to the front yard (east) property line.
Purpose: To allow for the construction of a garage addition
1300 Alpine Pass (07-08-26)
David Strand - Strand Desian, Applicant
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
. 7 ft. off the required 35 ft. to a distance of 28 ft. at its closest point
to the front yard (north) property line.
Purpose: To allow for the construction of a deck addition
e
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
. 10ft. off the required 35 ft. to a distance of 25 ft. at its closest
point to the front yard (north) property line.
Purpose: To allow for the construction of a new front entry/stoop addition
4601 Elmdale Road (07-08-27)
John Wilson, Applicant
Request: Waiver from Section 11.21, Subd. 1 O(A)(1) Front Yard Setback
Requirements
. 3.2 ft. off the required 25 ft. to a distance of 21.8 ft. at its closest
point to the front yard (north) property line.
Purpose: To bring the existing into conformance in order to allow for the
construction of a deck
e
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
e
e
e
. 2.5 ft. off the required 35 ft. to a distance of 32.5 ft. at its closest
point to the front yard (north) property line.
Purpose: To allow for the construction of a deck
III. Other Business
IV. Adjournment
.
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
July 24, 2007
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
July 24, 2007 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Boudreau-Landis called the meeting to order at 7 pm.
Grimes referr
construct
home
exceeds
nd Planning
d
nd
Those present were Members, Boudreau-Landis, Morrissey, Sell, Weisb
Commission Representative McCarty. Also present were Director of P
Development Mark Grimes, Planning Interns Joe Hogeboom and Te
Administrative Assistant Lisa Wittman. Member Nederveld was n
I. Approval of Minutes - June 26, 2007
MOVED by Sell, seconded by Boudreau-Landis and
approve the June 26, 2007 minutes as submitted. Mc
from voting.
II.
The Petitions are:
.
603 Parkview Terrace (07-07-
Houston White. Applicant
Request:
Subd. 10(8) Height Limitations
e allowed 30 ft. to a height of 32 ft.
Purpose:
ewly constructed house into conformance with zoning
ents
e property and stated that the home currently being
y is almost complete. He showed the Board photos of the
e third level or "penthouse" is the area of the house that
.
at when the original plans for this home were submitted the height
shown to be 32 feet. The homeowner was informed at that time that
the allo ght of the home would be 30 feet. The homeowner re-submitted plans
that showed the height of the home to be 30 feet, but when the home was built it was
constructed 32 feet in height so it is now considered to be in violation of the Zoning
Code and Building Code. He noted that the applicant has stated that there was a
mistake between the mason and the architect and the basement was built two feet to
tall therefore causing the rest of the structure to be too tall. He explained that the Board
now needs to decide if there is a hardship and grant a variance or deny the request and
the applicant can appeal the decision to the City Councilor bring the home into
conformance.
Minutes of the Golden Valley Board of Zoning Appeals
July 24, 2007
. Page 2
McCarty asked if the original plans showed the third level penthouse area. Grimes said
yes.
Boudreau-Landis asked how the plans were revised between the first and second
submittal in order to bring the house down two feet. Grimes stated that the ceiling
heights in the house were brought down on the second submittal in order to meet the
30 foot height requirement.
Sell questioned how the
was built two feet lower,
most homes have
bring in two feet of I
top bearing tru
typical trusses
P )to be 8 feet in
is original plans was too
order to meet the 30 foot
tanding between the
e ml e. He stated that the height
File is left with a basement that is
onest mistake and he is not trying to
Boudreau-Landis asked if the rest of the house was built according to
said yes and stated that upon inspection staff asked for a new surve
tall the house was built. After the survey was submitted to the Ins tl
staff realized the problem.
Morrissey asked if it was the foundation height that resulted
Grimes said yes and explained that the applicant did lower th
the plans, but when the basement was built it was tw
.
Houston White, Applicant, stated that the base
height. He stated that when he found out that th
tall, he dropped the ceiling heights down 0
height requirement. He explained thaft
architect and the mason and that this
on every other floor matches wha
two feet too high. He reiterated
gain an extra two feet.
mason error because if the basement level
ce 0 e home would be right at ground level and
up to the front entrance. White stated that they had to
he soil conditions. He explained that this house has
oop would not have had to been so high if it had
It according to the plans.
is truly a mason error then the documents submitted would
aid hat would be irrelevant to him because the bottom line is that
tall instead of the allowed 30 feet. He said the disturbing thing to
ade it clear that the house could only be 30 feet tall and it was built to
.
McCarty asked when the mistake was discovered. White said it was discovered
approximately a month ago. McCarty stated that White is the general contractor on this
job so ultimately it is his responsibility. White agreed that it is his responsibility but
reiterated that it was a mistake.
Morrissey asked Grimes if he and the Building Official looked at the property as part of
a normal inspection. Grimes said no, he wanted to look at the house because he is very
conscience of the infill issues in Golden Valley.
Minutes of the Golden Valley Board of Zoning Appeals
July 24, 2007
Page 3
.
Boudreau-Landis opened the public hearing.
Carol Barry, 2936 Kyle Avenue North, asked about the infill issues in Golden Valley.
Grimes explained that the infill issues have to do with people being concerned about
small homes being torn down in order to build larger ones.
Ralph Jacobson, 516 Parkview Terrace, stated that the City asked the applicant to
follow the City Code and he believes this home was built "out of code" on purpose and
said there will be run-off problems as a result of this home being built. he Board
that it is their job to conform to the Code requirements and that this ffront
to what he has tried to do with his own home renovations.
Bobbie Conne
said that'
said thO
eain
City has
d the Board
Richard Vosepka, 901 Westview Drive, stated that the appli
mind; he was told it didn't conform and he built the house a
a problem with variances that should not have been granted
and staff to follow-up on plans that are submitted.
.
Steve Schmidgall, 6534 Olympia Street, said he
heightened awareness of the issues because th
that almost every city is grappling with the
He said he can't believe the mason wo
in error. He asked that the homeowne
of the home and construct a roof
Planning Commission and they
issues and allowing people to b
t should have a
lans was rejected. He said
height is a major concern.
courses of concrete block
rove the "penthouse" portion
;:tarea. He stated that he is on the
. g on ways to address these infill
want would be working against that.
Mary Leach, 301 Mead
placed on this lot. She sal
are told that their t are
home affects everyt
lilted that a considerable amount of fill was
ery tl an enormous home is built the neighbors
p. She asked the 60ard to think about how this
n Circle, said she agrees with the previous statements. She
he Board to say that people have to play by the rules. She
g and they will be revisiting this issue again and again.
no one else wishing to comment, Boudreau-Landis closed the
.
McCarty s hat hardships go with the property itself and he is not seeing that in this
case. In this case the hardship is due to an error in construction and he is finding it
difficult to approve a variance for that.
Weisberg said he agrees but noted that the statute states that economic hardship alone
does not constitute a hardship. McCarty noted that the statute also states that the
hardship should not be created by the landowner and to him this situation was created
by the landowner. Sell stated that he also can not support his variance request.
Minutes of the Golden Valley Board of Zoning Appeals
July 24, 2007
Page 4
.
Weisberg asked if the entire house is out of conformance. Grimes stated that if it were
not for the !'penthouse" area the house would conform.
Morrissey stated that bringing the house into conformance could also mean increasing
the grade. Grimes said he doesn't think that increasing the grade on the site would help
in this case.
MOVED by McCarty, seconded by Sell, and motion carried unanimously to deny the
requested variance. Grimes told the applicant that he has 30 days to a
Board's decision to the City Council if he wishes to do so.
4920 Dawnview Terrace (07-07-20)
Thomas & Barbara Lel?pke-Hennia. Applicants
Request: Waiver from Section 11.35, Su
Requirements
. 5.08 ft. off the required
closest point to th
ance of 24.92 ft. at its
property line.
.
Purpose:
Request:
. , Subd. 10(A)(1) Front Yard Setback
the re uired 35 ft. to a distance of 28.92 ft. at its
int to the front yard (south) property line.
he construction of a second story addition
rvey of the property and explained that the applicants are
e addition, a deck addition, a second story addition and an
e proposed front porch and second story addition require variances
ck requirements. Grimes added that it is interesting to note that all
this area were built 30 feet from the front property lines instead of the
.
Tom Leppke-Hennig, Applicant, explained that he found out he needed a variance in
the process of planning the proposed projects. He stated that he feels that the open
front porch would be keeping with the spirit of the Zoning Code and with what they'd like
to see in their neighborhood. He explained that the lines of the existing house won't be
changing as a result of the proposed front porch and if the house was built in the right
place to begin with, (35 feet from the front property line) he wouldn't need a variance.
He added that his front property line is also located unusually far from the street.
.
.
.
Minutes of the Golden Valley Board of Zoning Appeals
July 24, 2007
Page 5
Grimes explained that there is 60 feet of right-of-way on Dawnview Terrace so if the
street gets rebuilt it will probably be located in the same location. He agreed that there
is a lot of green area in the front of the property.
McCarty asked if there are other homes with open front porches on this street. Leppke-
Hennig said no.
Grimes stated that the Board could recommend to the Planning Commission that when
blocks of homes are built too close to the front yard property line that t t a
"blanket" variance for the area in order to allow all of the property ow Ie to
build open front porches without the need for a variance.
Sell stated that somewhere along the line, someone allowed
be built 30 feet from the front yard property line instead of 3
allowing 5 additional feet to build an open front porch in this
allowing people who are at the 35-foot front setback td0
Boudreau-Landis opened the public hearing. Se
comment, Boudreau-Landis closed the public h
one wishing to
Morrissey asked about the hardship in t
know if these homeowners were allow
property line or if it was contractor
request to the previous one. Sh
wasn't built 35 feet away from t
she feels the same rules s
that the Board doesn't
es 30 feet from the front
an't help but to compare this
has to ask if the fact that the house
rty line is really a hardship. She said
d to every variance request.
Weisberg noted that the
and not caused by an
create the condition
be more comf
this block were
tute s s that a hardship is unique to the property
He said that the homeowners in this case did not
ariance as in the previous request. He said he would
g and addressing the fact that all of the houses on
et and not 35 feet to the front yard property line.
uest the Board had a couple of months ago where they
t porch request because they didn't feel that adding an open front
rdship. Grimes stated that request was for an open porch to be
rom the front property line. Morrissey said she is just trying to
Iy the rules and not overreact to the infill issues because 1950s
ave the same issues.
Weisberg said to him it is less a question of the structure and more a question of the
fact that the property is already not in conformance with front yard setback
requirements. He said he thinks the answer is to bring all of the houses in the area into
conformance by granting the "blanket" variance.
McCarty said he thinks the design looks wonderful but he is having difficulty finding a
hardship.
Minutes of the Golden Valley Board of Zoning Appeals
July 24, 2007
Page 6
.
Leppke-Hennig stated that some of the undercurrent regarding this request worries him
and if his proposal is denied it seems strange to review variance requests at all.
Morrissey explained that the Board can only grant a variance if it meets the state statute
requirements, it's not dependent on how the Board feels about the request.
Sell stated that in the past the Board has agreed to let homeowners go 5 feet into
setback areas and if this request were for 8 or 10 feet he'd say no, but for 50 years this
house has been located 30 feet from the front property line so he's inclined to look at it
the same as if it were located 35 feet from the front property line. He a t this
proposal is in harmony with what the City is trying to do.
Grimes stated that the intent of the Zoning Code and the City
front porches in order to create community. However they s
would be allowed to go to within 30 feet, not 25 feet of the f
. 5.08 ft. off the r
yard (sout p
ent landowner did not
property line. She said
Ip or not and she wants to
McCarty noted that in other cases the Board has gran
porches.
Morrissey said she can support this request be
know that the house was originally built 3
she is just questioning if not having a fr
interpret and apply the rules consisten
.
Boudreau-Landis said he agre
property.
MOVED by Sell, second
the following variance re
this case the situation is unique to the
and motion carried unanimously to approve
a distance of 24.92 ft. at its closest point to the front
ow for the construction of an open front porch
35 ft. to a distance of 28.92 ft. at its closest point to the front
me to allow for the construction of a second story addition
Request:
Waiver from Section 11.21, Subd. 10(A)(1) Front Yard Setback
Requirements
.
. 12.5 ft. off the required 35 ft. to a distance of 22.5 ft. at its
closest point to the front yard (north) property line.
Purpose:
To allow for the construction of a new garage
Minutes of the Golden Valley Board of Zoning Appeals
July 24, 2007
Page 7
.
Request: Waiver from Section 11.21, Subd.10(A)(1) Front Yard Setback
Requirements
. 16 ft. off the required 35 ft. to a distance of 19 ft. at its closest
point to the front yard (east) property line.
Purpose: To allow for the construction of a new garage
Linda Loomis,
in the winter ti
plastic ov
deep e
ner would like to remove
22 ft. x 26 ft. He stated
e yard, toward the house and
. e than the existing garage
Hogeboom referred to a survey of the property and stated that thi
three sides. The applicant would like to replace the existing gar
cracked foundation and it is too small. (22 ft. x 16 ft.). He not
received variances in 1968 in order to construct a porch ad
existing home and garage into conformance with zoning cod
Morrissey asked if there is a location on this prope
conforming garage. Hogeboom said no.
.
Greg Zipoy, builder for the project, explain
the existing garage and build a new one
that the proposed new garage would b
would not encroach further toward.
already does.
Sell said that a variance w
is and the applicant is Ii .
968 to allow the garage to be located where it
an do.
Boudreau,..Landis 0
I Highway, said she walks by this property a lot and
t uts his boat in the garage and tapes a big piece of
aid she would like the applicant to build the new garage
oat.
there was a wall built in the garage to help hold it up so the boat
t inside. The homeowner has said that the boat will fit in the proposed
Sell said that the applicant could build a 24 ft. x 26 ft. new garage if he added two
additional feet toward the south side. Grimes said the Board could allow the applicant
could build a 24 ft. x 26 ft. garage to give him some flexibility.
.
Morrissey asked if the applicant would need a rear yard variance if he built the
proposed new garage further toward the south property line. Grimes said no.
.
.
.
Minutes of the Golden Valley Board of Zoning Appeals
July 24, 2007
Page 8
Boudreau-Landis asked if there are restrictions regarding boat and RV storage. Grimes
explained that one boat or RV can be parked on the driveway or they can be stored in
the side or rear yard if they are screened.
McCarty said he is fine with this proposal particularly because the current garage is a
single stall garage and it is proposed to go closer to the house and not encroach further
into the front setback area along the east.
MOVED by McCarty, seconded by Sell and motion carried unanimousl
following variance requests:
. 12.5 ft. off the required 35 ft. to a distance of 22.5 ft. at its
yard (north) property line to allow for the construction of
. 16 ft. off the required 35 ft. to a distance of 19 ft. at its cl
(east) property line to allow for the construction 0
1205 Idaho Avenue North (07-07-22)
Christopher Knight. Applicant
Request: Waiver from Sec
Requiremen
. 10(A)(1) Front Yard Setback
uired ft. to a distance of 24.4 ft. at its
e front yard (east) property line
Purpose:
Section 11.65, Subd. 5(A) Shoreland Management
Provisions
ft, off the required 50 ft. to a distance of 43 ft. at its closest
point to the Ordinary High Water line (northeast) of Bassett
Creek.
To allow for the construction of a new garage
Request:
Waiver from Section 11.21, Subd.11(A)(2) Front Yard Setback
Requirements for Accessory Structures
. 8.7 ft. off the required 35 ft. to a distance of 26.3 ft. at its closest
point to the front yard (east) property line
.
.
.
Minutes of the Golden Valley Board of Zoning Appeals
July 24, 2007
Page 9
Purpose: To bring an existing shed into conformance with zoning code
requirements
Request: Waiver from Section 11.21, Subd. 11(A)(1) Location
Requirements for Accessory Structures
. The shed is not located completely to the rear of the principal
structure
Purpose: To bring an existing shed into conformance
requirements
Request: Waiver from Section 11.65, Sub
Zoning Provisions
. 22 ft. off the required 50
point to the Ordinary Hi
ce 8 ft. at its closest
of Bassett Creek.
Purpose: To bring an existin
requirements
nee with zoning code
Request:
Subd. 11 (A)(1) Location
ry Structures
.
ated completely to the rear of the principal
'sting shed into conformance with zoning code
er from Section 11.65, Subd. 5(A) Shoreland Management
Zoning Provisions
. 32.8 ft. off the required 50 ft. to a distance of 17.2 ft. at its
closest point to the Ordinary High Water line of Bassett Creek.
Purpose: To bring an existing shed into conformance with zoning code
requirements
Hogeboom referred to a survey of the property and stated that the applicant would like
to construct a garage addition onto the front of his home. He stated that the hardship
noted by the applicant is the fact that there is currently no garage on the property.
Hogeboom showed the Board some photos of the property and added that it is unique
Minutes of the Golden Valley Board of Zoning Appeals
July 24, 2007
Page 10
.
because Bassett Creek runs along the rear of the property and it is a corner lot. He
noted that there are also two sheds located on the property that are not in conforming
locations.
Sell noted that there should also be a variance request for the northwest corner of the
existing home because it is not 50 feet away from the top of the bank of the creek.
Grimes agreed and said that should be added to the agenda.
Grimes asked the applicant if t
said there have been no i
City did work on the Cre
weren't located in a
lIer shed and
Morrissey asked if there is a conforming location to put a garage or sh
Hogeboom said no because even if the sheds were located complet
the home as required they would still be too close to the top of th
Morrissey questioned if not having a shed could be considered
stated that the current location the sheds is really the most I
McCarty asked if the sheds were built on frost footings. Hoge
Chris Knight, Applicant, stated that he didn't reali
compliant location. He said he would be willing t
possibly the bigger one when the proposed gar
.
Boudreau-Landis asked about the squa
the property. Grimes said there would
structure space on the property a
e accessory structures on
12 square feet of accessory
ge is built.
n ding issues on the property. Knight
ing in the last 10 to 12 years, ever since the
Weisberg asked h
the proposed garag
it is just a one
windows.
osed garage would be. McCarty asked if the roof of
re with the existing windows in the house. Knight said
e roof line would not interfere with the existing
posed garage is almost a 3 stall garage. Knight said he is
ew garage be the same width as the house. Sell thought it would
sed garage wasn't ~he same width as the house.
s opened the public hearing.
Karen Griffiths, 1229 Hampshire Avenue North, stated that there used to be a tuck
under garage on the house that was converted to living space. She said she has a
problem with the location of the sheds because they are very visible. She said she has
no problem with the proposed garage, but she would like to see both of the sheds
removed.
.
.
.
.
Minutes of the Golden Valley Board of Zoning Appeals
July 24, 2007
Page 11
Timm Nelson, 1227 Hampshire Avenue North, said he thinks the proposed garage is a
good idea but the sheds should be removed completely or put behind the house
somehow.
Steve Schmidgall, 6534 Olympia Street, said that he would support the idea of the
proposed garage but he would like the sheds moved or at least repainted.
Boudreau-Landis asked if the applicant needed a variance in order to convert the
original garage into living space. Grimes said no because the footprint of the home
wasn't enlarged. He stated that he has some concern that the house 0 . had a
garage and was turned into a house with no garage and now the ap a
variance to build a new garage.
Boudreau-Landis asked about the RV's parked on the prope
applicant does have a number of vehicles parked outside a
said that he would like to store them inside the proposed ne
Weisberg asked if the new garage was construct
the house if they would comply with the Zoning
because the sheds would be in the Bassett Cre
were moved behind
Grimes said no
Sell suggested allowing one of the she
bank of the creek because it would th
suggested possibly allowing the g
have the homeowner remove 0
proposed garage deeper. Morri
shed is not a hardship.
in 25 feet of the top of the
the house. Weisberg
cCarty said he would rather
the other shed than making the
greed and added that not having a
Boudreau-Landis said he
created by the ho ner.
would have been a
r 0 allowing the garage but the hardship was
rty said even if the existing garage was still there, it
se it was a single stall garage.
prove the variance requests regarding the garage addition
quests regarding the location of the sheds.
e motion to request that the sheds be removed within a week after
garage.
sted that the sheds be removed before a certificate of occupancy is
issued. G s said that the problem with waiting for the certificate of occupancy is that
sometimes people don't close out their permits. He said he would rather require that the
sheds be removed by a certain date. Sell suggested January 1, 2008.
Sell reiterated that a variance should also be added to the motion for the northwest
corner of the existing house for 11.4 ft. off the 50 ft. to a distance of 38.6 ft. at its
closest point to the Ordinary High Water Line of Bassett Creek.
.
.
.
Minutes of the Golden Valley Board of Zoning Appeals
July 24, 2007
Page 12
The modified motion was seconded by McCarty and carried unanimously to
approve/deny the following:
Approved:
. 10.6 ft. off the required 35 ft. to a distance of 24.4 ft. at its closest point to the
front yard (east) property line to allow for the construction of a new garage
. 7 ft. off the required 50 ft. to a distance of 43 ft. at its closest poi
High Water line (northeast) of Bassett Creek to allow for the c
garage
. 11.4 ft. off the required 50 ft. to a distance of 38.6 ft.
Ordinary High Water line of Bassett Creek to bring the
conformance with zoning code requirements
. The two existing sheds on the property mu
Denied:
. 8.7 ft. off the required 35 ft. to a
yard (east) property line to brin
code requirements
its closest point to the front
into conformance with zoning
. The sheds are not loc
e rear of the principal structure
. 22 ft. off the requi
Ordinary High Wate
conformance
nce of 28 ft. at its closest point to the
Basse Creek to bring an existing shed into
de requirements
. to a distance of 17.2 ft. at its closest point to the
line of Bassett Creek to bring an existing shed into
ing code requirements
IV. Adjournment
The meeting was adjourned at 9:10 pm.
.
07 -08-23
.
5111 Olson Memorial Highway
Robert & Janice McCabe, Applicants
.
.
.
.
Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
To:
August 17, 2007
Golden Valley Board of Zoning Appeals
Joe Hogeboom, Planning Intern
5111 Olson Memorial Highway
Robert and Janice McCabe, Applicants
From:
Subject:
Mr. and Ms. McCabe are the owners of the property located at 5111 Olson Memorial Highway.
Mr. and Ms. McCabe are proposing to construct a front entry addition to their home. The
proposed front entry would encroach into the front yard setback. The variance request is to allow
for the construction of a front entry addition. I have viewed this property and have attached
photos of the site.
As detailed in Mr. and Ms. McCabe's Zoning Code Variance Application, the hardship with this
property is that the home's current front entry is difficult to access. A front entry addition would
allow safe and accessible entry to the home by the property owners, and Mr. McCabe's elderly
parents. Also, the expansion and redevelopment of the TH 100 and TH 55 intersection has
required the realignment of the Olson Memorial Highway Frontage Road and adjoining property
lines, shortening the distance from Mr. and Ms. McCabe's home to the street right-of-way line.
The proposed project requires the following variance from City Code:
Section 11.21, Subd. 10(A)(1) Front Yard Setback Requirements. The City's Zoning Code
states that front yard setbacks in the R-1 Zoning District shall be at least 35 feet from any front
property line along a street right-of-way line. The variance request is for 12 feet off the required
35 feet to a distance of 23 feet at its closest point to the front yard (north) property line.
No prior variances from City Code were found for this property.
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CERTIFICATE OF SURVEY
FOR:. Robert McCabe
snt Olson Mem.orial Hwy.
Golden VaDey, MN 55422
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Legal Description:
Lot 1, Block 1, CLOVER LEAF TERRACE.
Subject to Road.
Benchmark: Top Hyd. Cloverleaf Dr. @ T.H. No. 55.
N.G.V.D. 1929 adjusted elevation = 868.274.feet.
.1 hereby certify that this survey was prepared by me or lUlder
my direct supervision and that I am a duly Registered Land
Surveyor under the laws of the State of Minnesota.
Surveyed by me this 7th day of May, 2007.
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Herb F. Lemire RLS
Minnesota'Reg. No. 13349
4416 Abbott Ave. N
Robbinsdale, MN 55422
Phone: 763.537.0497
.
.
.
Zoning Code Variance Application
1.
Street Address:
5111 Olson Memorial Highway
2.
Applicant:
Robert & Janice McCabe
5111 Olson Memorial Highway
Golden Valley, MN 55422
Bus: 763-783-9591 Res: 763-593-9623
E-mail: westernfire@msn.com
Cell: 763-843-4342
3. Details of Addition that is involved in this petition:
Replacement of existing exterior steps (No Footings) that have deteriorated with an enclosed
driveway level entrance to second floor and basement.
The 12 foot by 12 foot addition to the front of the home will allow safe entry for my 87 year old
parents and others. It will be a side entry to the driveway with a 6 foot French Door if additional
space is necessary to get in to the residence.
4.
We purchased the residence in the fall of 1991 and for many years had the frontage road turn
to highway 55 just prior to our driveway. Our set back from Highway 55 was about 100 feet. In
1999, the State of Minnesota took our front yard for a service road and a large sound wall
leaving us after 15 foot easement with a 35 foot setback to the house which is not enough
room for steps or anything other than a direct entry. (please see. attached pictures)
A masonry retaining wall is in front of the home running to the new addition (entry I stairway).
The new addition will set back from the street less than the old steps and only be about 5 foot
wider to allow the steps to conform to the IBC & IRC .with a 7" rise and a 12" run.
The deterioration of the concrete became a safety hazard and had to. dealt with this year
before someone was hurt. If anything should happen to one of my parents, the survivor will be .
living with me and the safety issue becomes even greater.
In short, our entry needs to be re-built and the new addition will not add any living space, but
will add to the revitalization of the neighborhood and a far greater safety factor. The stone front
and stone walls were designed to match the existing walls will give a nice street appearance
while allowing "mobility access" for seniors ( my parents, my wife, and others). We would not
have a problem if the State of Minnesota did NOT take our front yard for a service road.
We would appreciate a Variance from the Zoning Code to build an interior entrance.
Thank you.
~~~
Robert J. McCabe
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1. Street address of property involved in this application:
!i?/ I tJ.t.5oA..J /JlB'/1?tJrR/IIC /lvtJ/I/#H y-
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2. Applicant: .- d.cerf :::. :5J4rJ :c.-.e /J1 ~~L
Name
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Address City/State/Zip
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Business Phone
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Home Phone
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Cell Phone
j,tJC:.s/E/I~/I'~G cf}41S/1/, C'on/!
Email Address
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.
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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 expires.
~pr~
ignatu e of Applicant
'6. If the applicant is not the owner of all property involved in this application, please name the
owner of this property:
'J~fI./~~ '<:; p; ~J!.,,e f /11f1(!t1f6..
.
Print Name of owner
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Signatu 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:
v" 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
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.
omments can contain language of agreeing with the project, objecting to the project or other
tatements regarding the project.
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Golden Valley, Minnesota 55422
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5111 Olson Memorial Highway
Golden Valley. MN 55422
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Janice & Robert McCabe Residence
5111 Olson Memorial Highway
Golden Valley, Minnesota 55422
763-593-9623
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1801 Independence Ave. N.
Sandra Gunderson, Applicant
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Planning
763-593-8095 I 763-593-8109 (fax)
Date:
To:
August 17, 2007
Golden Valley Board of Zoning Appeals
Joe Hogeboom, Planning Intern
1801 Independence Avenue North
Sandra Gunderson, Applicant
From:
Subject:
Ms. Gunderson is the owner of the property located at 1801 Independence Avenue North. Ms.
Gunderson is proposing to construct a second stoty addition and main floor closet addition to her
home. The proposed main floor closet addition wquld encroach into the side yard setback. The
proposed second story addition would encroach into the side yard setback the same distance as
the existing one store house. The variance requests are to allow for the construction of the
abovementioned additions. I have viewed this property and have attached photos of the site.
As detailed in Ms. Gunderson's Zoning Code Variance Application, the hardship with this
property is that the home is currently small and the additions would allow for more living and
storage space.
The proposed project requires variances from the following section of City Code:
Section 11.21, Subd. 10(A)(3)(c) Side Yard Setback Requirements. The City's Zoning Code
states that, in the case of lots having a width of 65 feet or less, the north side setback shall be 10
percent of the lot width. The width of this property is 60 feet. Therefore, the north side yard
setback is 6 feet. The following variances from City Code are being requested:
. The first variance request is for 2 feet off the required 6 feet to a distance of 4 feet at its
closest point to the front yard (north) property line for the construction a main floor closet
addition.
. The second variance request from Section 11.21. Subd. 10(A)(3)(c) is for 2 feet off the
required 6 feet to a distance of 4 feet at its closest point to the front yard (north) property line
for the construction a second story addition.
According to City records, two variances were obtained for this property on June 25, 2002.
Upon the construction process of building a deck (which conformed to City Code) it was noticed
that the structure did not meet setback requirements. Variances were obtained from the
following sections of City Code:
· Section 11.21, Subd. 7(A) Front Yard Setback
. Section 11.21, Subd. 7(C)(3) Side Yard Setback
No further variances were found for this property.
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City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1. Street address of property involved in this application:
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2. Applicant: SQ~ht?- GC/hAV's<.?f7
Name
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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.
~~~:'5a- ~~7-D~~~1'~ '7
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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 expires.
~~~~-.
Ignature 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.
omments can contain language of agreeing with the project, objecting to the project or other
tatements regarding the project.
Print Name Y(? tlfpJ?to /h - m d
Comment
Signature /~?df'-tq ~Address
Print Name K f-L.-t.-J -, /-Jo...!A S
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Address /721 J:,.JDe..f)E/v~ Ave tV:
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Comment
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Comment Cb!~:1-
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Comment
Signature
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Print Name
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Comment
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~
.
07 -08-25
.
3329 Kyle Ave. N.
David Zinn, Applicant
.
.<
.
.
.
Planning
763-593-8095/763-593-8109 (fax)
Date:
To:
August 17, 2007
Golden Valley Board of Zoning Appeals
Joe Hogeboom, Planning Intern
3329 Kyle Avenue North
David Zinn, Applicant
From:
Subject:
Mr. Zinn is the owner of the property located at 3329 Kyle Avenue North. Mr. Zinn is proposing
to construct an addition to his existing garage. The proposed garage addition would encroach
into the front yard setback. The variance request is to allow for the construction of a garage
addition. I have viewed this property and have attached photos of the site.
As detailed in Mr. Zinn's Zoning Code Variance Application, the hardship with this property is
that the existing one-stall garage is too small, and a larger garage would provide more adequate
vehicle storage space.
The proposed project requires a variance from the following City Code requirement:
Section 11.21, Subd. 10(A)(1) Front Yard Setback Requirements. The City's Zoning Code
states that the minimum front setback shall be 35 feet from any front property line along a street
right-of-way line. The variance request is for 17.62 feet off the required 35 feet to a distance of
17.38 feet at its closest point to the front yard (east) property line for the construction a garage
story addition.
According to City records, no prior variances from City Code were obtained for this property.
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LEGAL DESCRIPTION:
Lot 6, Block 4, NOBLE GROVE. Hennepin County,
Minnesota.
GENERAL NOTES:
1. The bearing system used is assumed.
2~ ".The location of the underground utilities shown
hereon, if any, ore approximate only. PURSUANT TO
MSA 2160 CONTACT GOPHER STATE ONE CALL AT
(612) 4$4-0002 PRIOR TO ANY EXCAVATION.
3. Site area D 11,086 square feet = 0.255 acres.
4. This survey was mode on the ground.
5. No current title work was, furnished for the
preparation of this survey. legal descrip ticn.
recorded or unrecorded eosemen ts .and
encumbrances Qre sub jec;:t to revision upon receipt
of current title work.
PR~~TfEl~
MAY 1 6 2007
HARRY S. JOHNSON CO. INC
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.
3329 Kyle Ave N.
Golden Valley, MN 55422
Tuesday - August 10, 2007
BZA Commission
City of Golden Valley
Golden Valley, MN 55422
Dear Members of the BZA Commission
It is my pleasure to write to you this letter regarding my home at 3329 Kyle Avenue North. Since moving
into the house at this property, I have done a great deal of work to update the existing structure. With the
house being built in 1951, it has slowly become obvious that it needs work done that will increase the
square footage of the house. It is with this in mind that I come to you to request a permit and Zoning
Variance for the project for which I have filed an application.
.
You'll see from the accompanying application, Certified Land Survey, and associated drawings that I am
looking to put a breezeway/Garage addition on to the front North East side of the existing house. The
house is 2 level walk-out type where the front of the house is at ground level, and the rear of the house is at
ground level but close to 10' below or lower than the front yard. Since there is such a sharp drop-off front
to back (from East to West), a hardship is created for this property and I find it prohibitively more
expensive to this propose this addition toward the West side of the property. Building an addition for a
garage on the West side of the house will require a foundation at least 42" into the ground due to the front
line, and also require a minimum of 10 courses of block to reach the height appropriate for the floor.
Estimates received during the last 2-3 years have been at 2-3 times more than it will be to build the
addition toward the Front Set-Back. The dollar value is close to $20,000.00 more, and I find this number
far too expensive to consider.
On the other hand, the Front Set-Back Variance I am requesting for the new garage and entry is a good use
of the available property. This work will further allow me to create a new entry that is better insulated than
the same existing walls of the house. There will also be a second door to buffer from the outside weather
and reduce HV AC energy costs My request is not unique, and I can share with you that there are 4 other
homes on Kyle Ave North - all within walking distance of my property - that have completed home
additions that go into the Front Set-Back: 2912 Kyle Ave N; 2924 Kyle Ave N; 2936 Kyle Ave N; 2940
Kyle Ave N. The first home listed herein at 2912 Kyle Ave N has actually a garage and living area built
into the Front Set-Back. Additionally, I believe the home across the street from my residence at 3326 Kyle
Ave N has an addition built into the Front Set-Back that was done some years ago.
I believe that this project should have a Zoning Variance approved since it will certainly help improve the
value of the property, but more importantly it will result in a updated, better constructed and insulated
structure. The variance requested is for approximately 36 inches, and provides for a fully functioning
tandem Garage, and adjoining Entry FoyerlBreezeway combination. Thank you.
.
I
Respectfully~
David Z.
(763) 522-4803 (II)
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City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
For Office Use Only:
Application No.
Date Received
BZA Meeting Date
Amount Received
1. Street address of property involved in this application:
"j32-Cf {cf Le AVe M~-rrl .
2.
Applicant: . DA<.J; t>
Name
6hJ,J
?'7z.q {<;Y'U--- Me Ai,
Address
r;~ Vtttl€1, p1iJ S^stltt.
. City/State/Zip
(?h3) S'l,7, -:-tfso3
-. ., '--Susfil'ess -Phone - ._'.on.... .___n__ Home phoria __.__....n .' "Celf Phorie -.. - - --' .-
jwt~s @ ~p.){, Cof1/1
Email Address
,.... . - .. n. .
. .'
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.
~;,J(-U CviA- MA.-kGt' ~{ a~~cwtrV I e#rfVf A-f)l>~"l1rf)AJ q
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f(UDN l' ~c:k. / D..,t.crl
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---Pl6AS~' SEft' tAr/~A.4/~Jr;, (Dl,--rI'FI6~ Lf4-1J1'> t;uk-V~ ·
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.
PLtE/6€ ~ee- Aci:c114,pMJl!tlv{- 5T~A6"JIJi' of !lJtl.b91~\p ~,<- U1-b'Mc6';
exi5rf'N{- ~a,T'1 tlA;S A PA-llo(!J! P~N\ MINT YMb 1l} g;\c-k,
iAoL-~ 11/1\'1 IS DvE1L <Z J ~:5tt-(. t/ll>fJ1 ;t:'I~A<:k tlA-4I'~ cs kQ(.Jf;>'/7:!
5. To the best of my knowledge the statements found in this application are true and correct. I also
understand that unless construction of the action applicable to this variance request, if granted,
is not taken within one year, the variance expires.
,"
6. If the applicant is not the owner of all property involved in this application, please name the
owner of this property: , ~~, (5 f)r,..);Jefl.- o~ f~ (
NA
~
~ ~A-
Signature of owner
Print Name of owner
Variance Application Submittal:
The following information must be submitted by the application deadline to make a complete
application. If an application is incomplete, it will not be accepted:
T\ . Completed apPlicati~n fonn, including sig~atures of surroundi~ property owners.
A current or usable survey of the property must be attached. See the handout on survey
l requirements.
A brief statement of the hardship which provide grounds for the granting of this variance (see
" fre.quer:!!ly.A~~~lL9~.e~ti9.l)sJqr?n. ~~pJ~rJ.?ItiC?n. Qt.€'. .'~h~!;t~bIriJ :t\t!~.9h-!~tterrp'~ptqgrapll~;:pr"~'::: '.".'
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 r,nay 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 belen told about the project, not that
you necessarily agree or object to the project. If you wish, YOLl may comment on the project.
omments can contain language of agreeing with the project, objecting to the project or other
atements regarding the project.
Print Name 5t~ ~~
Comment
Signature
Print Name
Comment
Signature
Print Name
Comment
Signature
Print Name
Comment
Signature
Print Name
Comment
Signature
Print Name
Comment .........,...1......~....... .....,.
Signature
rint Name
Comment
Signature
Address 33s 2. KYLe.~#'
L
Address 3333
ktU:-kff)
Addre!~s 3~U- lotc..e,+//r tJ,
Address
~""'.''''''_'~~~~:a.-.<...,..
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Address
Address
.
07 -08-26
.
1300 Alpine Pass
David Strand, Applicant
.
.
.
.
Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
August 17,2007
Golden Valley Board of Zoning Appeals
Joe Hogeboom, Planning Intern
1300 Alpine Pass
David Strand, Applicant
To:
From:
Subject:
Mr. Strand is the professional representative of Amy Lynch and Spencer Johnson. Ms. Lynch
and Mr. Johnson are the owners of the property located at 1300 Alpine Pass. Mr. Strand, under
the direction of the property owners, is proposing to construct a deck addition to this home. The
proposed deck would encroach into the front yard setback. The variance request is to allow for
the construction of a deck. Mr. Strand is also requesting a separate variance for the construction
of a new front entry/stoop addition to the home. I have viewed this property and have attached
photos of the site.
As detailed in Mr. Strand's Zoning Code Variance Application, the hardship with this property is
that the home is located on a corner lot, which is unusually shaped, making it difficult to place a
deck. Ms. Lynch and Mr. Johnson applied for a variance from City Code in May of 2006 to
construct a deck on the south side of their home. Their application was denied. It should also be
noted that the home is located on a corner lot, subjecting it to two front yard setback areas.
The proposed project requires the following variances from City Code:
Section 11.21, Subd. 10(A)(1) Front Yard Setback Requirements. The City's Zoning Code
states that front yard setbacks in the R-1 Zoning District shall be at least 35 feet from any front
property line along a street right-of-way line. The variance requests to this section of City Code
are as follows:
. A variance request for 7 feet off the required 35 feet to a distance of 28 feet at its closest
point to the front yard (north) property line for the construction of a deck.
. A variance request for 10 feet off the required 35 feet to a distance of 25 feet at its closest
point to the front yard (north) property line for the construction of a new front entry/stoop.
As stated above, a variance for this property was petitioned for on May 23, 2006. The variance
request was a waiver from Section 11.21, Subd. 10(3)(a) (Side Yard Setback Requirements.)
Ms. Lynch and Mr. Johnson were requesting 6.5 feet off the required 12.5 feet to a distance of 6
feet at its closest point to the side yard (south) property line to allow for the construction of a
deck. This. request was denied by the Board of Zoning Appeals on the basis that the absence of
outdoor living space does not constitute a haroship. It was suggested that Ms. Lynch and Mr.
. Johnson consider placing a deck on the west or north side of their home.
Also, as a stipulation in the original application for a minor subdivision and variance for this
property, it was stated that no setback variances would be considered for future construction.
The steep topography and narrow footprint of the lot were the justifications for this ruling. The
minor subdivision, with the aforementioned guidelines, was approved on November 6, 1996.
No other variances have been found for this property.
.
.
2
920
1000
1020 1030
4102
4032
4022 4012
1NTeI'tSTA'ff.': 394
W8 1394 TO l'fe I'IWYtoo S
WAVZATA BLVD
S8 HwYl00 sro f8 1394
NO HWYI00 S TO ED 1394
394 tfOV LN
INTERSTATE ~
~ J 1300 Alpine Pass I
------ ~. ... -
WAVZATA BLVD
1301
M~~Wi!jlfk(:fMS.< CqJ)~~t ~Cl i..~OO"2<f.1S
.
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
For Office Use Only:
Application No.
Date Received
BZA Meeting Date
Amount Received
1. Street aQQress of property involved in this application:
\~ ALPlUE.. 'P~S I ~O~ v'Au,-e.." I l'-'\~ €7t;l\\LP
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2. Applicant: VAvlD ~\ RAt-..!'D . c::;.'T'\<.A14D ~\G,+-\
Name
~\. 2D4. \040
Business Phone
-
Sr: t'AUL, M~ 6-:;ID}
City/State/Zip
I \r:::, 4-..:1. . -z.:/LV~
Cell Phone
100(;> ~. ~~:P::r <:;.,.-. #'8o"b
Address
Home Phone
"DP-..\J' D ~ ~"'W l"oN"DD.e:.S '6rN~. ~t-1
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~~
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~
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 ApPI~:)
6. If the applicant is not the owner of all property involved in this application, please name the
owner of this property:
-A-(Y\~ ~'1f' u~ "SpeAW'
Print ame f owner Jo~DI\.
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.
v
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.
/'
v
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
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 thtt 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
taments f1 rding the project.
~
Print Name
/J5 ~~
Comment
Signature Address I aLffi /tLp live .p~s
~auO~LMi>
Print Name ~)( fJ11rlA ~/'5/)(/f ~~
Comment Woe eI ~+ oS ~.... ..Jtw'--':> 'WJiJcd- 46 &l. r' E4/ ~ I
Signature 11?avt::- ~~ Address /30'7 L1U\1.-e Rue 51
Comment
Signature
Address
Comment
Signature Address
Print Nam
Comment
Signature Address
Print Name
Comment
Signature Address
rint Name
Comment
Sianature Address
.
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Addendum to:
City of Golden Valley Board of Zoning Appeals
Zoning Code Variance Application
Lynch and Johnson Residence, 1300 Alpine Pass
Variance Request Summary:
As the Board may remember, the owner of this property applied for a variance for
a deck structure on the South side of the home in May of 2006. Their request was
denied and it was suggested that they consider the North or West sides. At that
time the owner did not believe it was possible to construct the deck in those
locations due to extreme topography and complexities involved with the existing
retaining walls. After hearing those suggestions the owners hired professional
assistance to study the feasibility of constructing a usable deck in the suggested
areas. After many conceptual designs, site studies and taking into consideration
the elevations and site topography the current area was decided to be the most
conducive to the construction of the deck. The original proposed deck design
protruded further to the North prior to learning ofthe multiple 35' setbacks. The
design we are presenting to you is a scaled back version to minimize
encroachment while maintaining architectural harmony and usability.
The entry stoop was not originally intended to be addressed until professionals
pointed out to the owners the severe settling and safety compliance and structural
issues that were observed. The proposed entry is to be substantially similar to the
existing except it will feature a bench on the West side. This bench will assist in
providing a guardrail for the raised entry and will be located fully within the
existing area. As with the deck, this structure would be fully screened from
neighbors and the street.
Responses to BZA Variance Application Questions:
3.
A. As shown in the attached drawings we are proposing to construct a wood
deck structure that would require a reduction in one of the 35' setbacks a
minimum of 7'. Per plans and applicable codes, the deck would feature an
elevated deck area with built-in benches and exterior masonry fireplace.
B. We are also proposing to remove the existing entry stoop and replace with
a similar structure that would require a reduction in the same 35' setback a
maximum of 10' to a proposed 25'. The revised entry area would feature
a similar layout to the existing stoop except the addition of a built-in
bench. This entry area would not exceed the current entry stoop that
appears to encroach into the 35' setback.
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4.
A. The hardships for the location of the deck can best be seen in the provided
site plan, drawings and photos. As seen, the home is very tightly
constructed within the existing setbacks. Due to the irregular comer lot
that the home occupies there are 3 front yard setbacks that reduce the total
buildable area to not more than 3,015 total square ft. with a maximum
width of 40'. The majority ofthe remaining buildable area is made up of
extremely steep slopes that are actually at an elevation above the floor
level of the home, this area is shown hatched to the west side of the home.
Further space is occupied by a large window well for egress from a
basement bedroom, a large retaining wall holding back the slope above
and multiple trees, these are also located on the drawing. As you can see,
the deck is pinned between the home and the steep slope to the West.
Moving the deck further South could create egress issues from the
basement bedroom and would disturb the large block retaining wall
maintaining the existing slope. The proposed deck, as dashed in, has been
placed as far South as possible and is buried into the steep sloped area as
much as possible without causing major retaining, drainage or erosion
control issues. With this taken into account we are required to push
beyond the existing setback to provide a usable deck area. Also, shown in
the attached photos you can see that this sloped area provides for an area
entirely screened from the street and neighbor's views and will not be
detrimental to the neighborhood.
B. As seen in the photos, the existing entry stoop has settled unevenly
approximately 4". This settling has caused cracks in the stucco finish and
may contribute to structural damage to the homes foundation. The noted
settling has also created a step into the home that exceeds the maximum 8"
rise for a step. Per Section 11.21 Subdivision A and A.I, it is unclear to
me if the existing entry stoop is encroaching into the minimum setback,
however we would like to ensure that our proposed revised entry is
properly within building setbacks. As with the deck structure, the stoop
will not impact the utility or drainage easement and it maintains a
minimum of 25' setback intact without causing a visual impact on the
neighborhood.
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07 -08-27
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4601 Elmdale Road
John Wilson, Applicant
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Planning
763-593-8095 I 763-593-8109 (fax)
Date:
To:
August 22,2007
Golden Valley Board of Zoning Appeals
Joe Hogeboom, Planning Intern
4601 Elmdale Road
John Wilson, Applicant
From:
Subject:
Mr. Wilson is the owner of the property located at 4601 Elmdale Road. He is proposing to
construct a deck addition to this home. The proposed deck would encroach into the front yard
setback of the property. Also, the existing home would have to be brought into conformance.
The variance request is to bring Mr. Wilson's existing home into conformance as well as allow
the construction of a deck. I have viewed this property and have attached photos of the site.
As detailed in Mr. Wilson's Zoning Code Variance Application, the hardship with this property is
that the home is located on a corner lot, which subjects it to two front yard setback area
requirements. The home is located in an unusual location on the lot, thus making it encroach into
setback areas.
The proposed project requires variances from the following section of City Code:
Section 11.21, Subd. 10(A)(1) Front Yard Setback Requirements. The City's Zoning Code
states that front yard setbacks in the R-1 Zoning District shall be at least 35 feet from any front
property line along a street right-of-way line.
. The conformity of the existing home requires a variance request for 13.2 feet off the
required 35 feet to a distance of 21.8 feet at its closest point to the front yard (north)
property line.
. In addition, a variance request for 2.5 feet off the required 35 feet to a distance of 32.5
feet at its closest point to the front yard (north) property line is needed for the construction
of a deck.
No prior variances from City Code were found for this property.
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City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1.
Street address of property involved in this application:
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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.
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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 ofthe action applicable to this variance request, if granted,
is not taken within one year, the var"ince expires.
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. 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
tatements regarding the project.
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LAND PARCEL DESCRIPTION
Lot 1, Block 12, NOBLE GROVE, according to the recorded plat
thereof, Hennepin County~ncesota- - - - - -
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All easements affecting or benefiting above land parcel are not shown on drawing, nor were such
reviewed or observed upon land parcel, except those noted or shown as such in drawing.
Street address for above land parcel provided by customer. Parcel description is 1itrn ~ Tax
Assessor information for such address as PID 01-029-24-42-0094. Desaiption reviewed with
County Surveyor's half-section map infamation.
This survey was made acoording to above land parcel desaiption. If customer or property agent
has knowledge of different land parcel desaiption, the analyses, conclusions or recommendations
with respect to this plan, specification or report are not valid. However, if Surveyor is provided
opportunity to review any difference, such analyses, conclusions or recommendations with ~.
to lhis plan, specification or report can be modified and veri6ed in writing.
If any change in nature, design or location of boundaries or improvements are planned, the
analyses, condusions or recommendations with respect to this plan, specification or report are not
valid. However, if Surveyor is provided opportunity to review any change, such analyses,
condusions or recommendations with respect to this plan, specitication or report can be modified
and vef'!!ied in writing. _ _ - - -
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GENERAL NOTES
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All line directions are on an assumed bearing system
meas is a direct or indirect survey measurement
plat is a value shown on the County Surveyor's half-section map
AREAS,HARDCOVER
land parcel 12800 S.F.
existing structures (house, garage) 1185 S.F.
existing pavement(driveway, walkway) 906 S.F.
planned deck 344 S.F.
existing hardcover (structures. paved) 2691 S.F. 21.0%
planned hardcover (structure plan, paved) 3035 S.F. 23.1%
assumed hardcover maximum 3200 S.F. 25.0%
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State Engineering & Surveying Inc
8330 Old Cedar Ave
Bloomington, Minnesota 55425
952-854-9002
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SURVEYOR'S CERTIFICATION
I hereby certify that this plan, specification, or report was
prepared by me or under my direct supervision and that I am a
duly Licensed Land Surveyor under the laws of the State of
Minnesota. Name; James Michael Bndiii) ~
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SURVEY FOR
John Wilson
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4601 Elmdale Road
Golden Valley, MN 55422
763-639-8423
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Date:
License # 23266
Oft 20ft 40ft 60ft
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