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11-27-07 BZA Agenda e e e Board of Zoning Appeals Regular Meeting Tuesday, November 27,2007 7pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes - October 23, 2007 II. The Petitions are: 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 amend the variance that was approved at the August 28,2007 Board of Zoning Appeals meeting to allow for the construction of a larger main floor closet addition III. Other Business IV. Adjournment 763.593.8006 (TTY: 763-593- may include large print, '" . Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals October 23, 2007 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, October 23, 2007 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Boudreau-Landis called the meeting to order at 7 pm. Those present were Members, Boudreau-Landis, Hughes, Morrissey, S Commission Representative McCarty. Also present were Director of 8 Development Mark Grimes, Planning Intern Joe Hogeboom and A m Lisa Wittman. Member Nederveld was absent. II. The Petitions are: 675 Rhode Island Avenue South General Label - Michael Bask I. Approval of Minutes - September 25, 2007 MOVED by Sell, seconded by McCarty and motion car' d u September 25,2007 minutes as submitted. . Request: d. 6C(3) Rear Yard Setback ired 20 ft. to a distance of 2 ft. at its closest ard (south) property line. Purpose: xisting building into conformance with rear yard ments. r from Section 11.36, Subd. 6C(3) Rear Yard Setback ements . 2 ft. off the required 20 ft. to a distance of 18 ft. at its closest point to the rear yard (south) property line. To allow for the construction of an electrical/mechanical room addition. . Hogeboom referred to a survey of the property and explained that property owner is proposing to construct an 8 foot by 16 foot electrical/mechanical room addition on the east side of the existing building that would encroach into the rear yard setback area. He stated that the hardship noted by the applicant is that if he were to build the proposed addition in a conforming location it would eliminate existing parking spaces. He stated that the existing building also needs a variance because it was built too close to the rear yard property line. He noted that this property received a variance in 1990 to allow for a parking lot to be constructed into the front setback area. . Minutes of the Golden Valley Board of Zoning Appeals October 23, 2007 Page 2 Michael Baskfield, Applicant, explained that the proposed addition is needed because they are upgrading the power in the building and they want to move the electrical and compressor into this proposed new addition. He stated that they don't want to lose any parking spaces because it would force his employees to park on Rhode Island Avenue. McCarty asked if the proposed addition could be moved 2 feet toward the north so it would not require a variance. Baskfield said that the proposed addition could probably be moved 2 feet toward the north but he doesn't want to lose parking spa s which would force employees to park on the street and would disturb the nei M , seconded by Sell and motion carried unanimously to approve the for 18 ft. off the required 20 ft. to a distance of 2 ft. at its closest point to the r (south) property line to bring the existing building into conformance with rear yard setback requirements. ber of cars shown in rkin t. Baskfield said no, 'ng spaces would be ation. Baskfield said at ked if cars could park in w. He said that he is just trying to up too many parking spaces, Boudreau-Landis referred to the site plan and asked about the 10 addition. Baskfield explained that they are proposing the addif because that is where the electricity comes into the building doors are open neighbors have complained that they can he putting them in the new addition would help with the n ise. . McCarty referred to a photo of the parking lot an the photo would be an accurate number of cars the parking lot is usually full. McCarty asked ho eliminated if the addition was constructed' least 2 or 3 spaces would have to be e . front of the new addition. Baskfied sai maximize his space and use it eff' Boudreau-Landis opened th comment, Boudreau-Lan . Ing. ing and hearing no one wishing to public hearing. Grimes said he feels that that would be okay Sell agreed and said problems in th ,,',,-', nce for 2 feet would save a couple of parking spaces uld prefer that people not have to park on the street. :;,port this variance request to avoid on-street parking sed addition could be shortened by 2 feet. Baskfield said space. . MOVED by Sell, seconded by Morrissey and motion carried unanimously to approve the variance request for 2 ft. off the required 20 ft. to a distance of 18 ft. at its closest point to the rear yard (south) property line to allow for the construction of an electrical/mechanical room addition. . Minutes of the Golden Valley Board of Zoning Appeals October 23, 2007 Page 3 \. 6466 Westchester Circle (07-10-30) Fred Bruning, Applicant Request: Waiver from Section 11.21, Subd. 10(A)(3)(a) Side Yard Setback Requirements McCarty asked if the exi brought into confor anc 1982 so it does con setback. . 2 ft. off the required 15 ft. to a distance of 13 ft. point to the side yard (east) property line. Purpose: To allow for a second-story addition above t . Hogeboom stated that Fred Bruning of Sawhorse Designer on behalf of the property owner for a variance to allow for th story addition above the existing garage. He stated th . the h applicant is the oddly shaped lot and the fact that ther less storage compared to a house with a basem won't have living space encroaching into the set been an email submitted by one of the neighbo the variance request. He stated that ther property. Grimes added that there sho garage when an addition was built 0 t explained that the reason a varia because the measurements on property line instead of perp plied a second- by the men hich means oposed new addition e no d that there has owners against granting r variances granted for this nce granted for the existing he home in 2006. Hogeboom sn' equired for the 2006 addition is aken from the house diagonally to the I side red to be conforming or if it needs to be om stated that the existing garage was built before ew construction has to meet the 15-foot side yard rvey and noted that the proposed addition measures 18 feet om explained that only the living space was drawn on the s supporting the proposed second story go to 13 feet from the of the required 15 feet. Sell s s that there are a lot of homes in that area that don't have basements and tha them were built on fill or poor soils. Hughes questioned if not having a basement should be considered a hardship. . Morrissey asked if the existing house were built 15 feet away from the property line as required by current code if the proposed second story addition would need a variance. Hogeboom said no. Fred Bruning, Applicant, explained that the living space in the proposed second story would be 18 feet away from the property line but the trusses for the new addition would . Minutes of the Golden Valley Board of Zoning Appeals October 23, 2007 Page.4 have to bear on the non-conforming part of the existing garage to make the proposal work. He showed an example of how the trusses would work. McCarty asked the applicant if any of the neighbors agreed with the proposal. Bruning said he wasn't able to contact all of the neighbors but the ones he did contact were generally in favor of the project, they just wanted more information. Bruning noted that if the variance isn't granted he could do some type of hand built roof line, but it would look rather odd. Grimes said there has als property line so he woul property line prior to issua of the property line. e sunlight ring house face d said he thinks the Morrissey asked how much taller the addition would be to the peak t now. Bruning said about 6 feet. Morrissey stated that the second vertical addition going straight up from the existing house, it d Bruning said they thought about the height of the addition a windows on the side of the house facing the neighbors. McCarty referred to the email from the neighbor who being reduced and said that since both this hous south he didn't think sunlight would be an isslAe. new addition will have a negligible difference to . Grimes said he lined up two of the dra difference between the existing peak proposed new addition will be hig the elevations was drawn incorr: aid he thinks the height peak of the roof of the g agreed and noted that one of onfusion regarding the location of the east ro owner to verify the location of the east buildi g permit. Bruning agreed to verify the location .Iic hearing. Seeing and hearing no one wishing to closed the public hearing. difference in the distance of the complying part of the house liant house or the real difference at 2 feet away from the property roposed addition went straight up from the existing garage she ntly but if the existing house were 15 feet away from the property line there w no issue. Grimes said that part of the issue is the odd triangular shape of the lots in this area. . Sell stated that this house has been interpreted to be 19 feet away from the property line for over 20 years and that the location of the existing house has never been mentioned during the other 2 or 3 additions that have been done. He said this house is built to its maxirnum size but this proposed addition won't expand the footprint of the house and it is a minimal variance. . Minutes of the Golden Valley Board of Zoning Appeals October 23, 2007 Page 5 " MOVED by Morrissey, seconded by Sell and motion carried unanimously to approve 2 ft. off the required 15 ft. to a distance of 13 ft. at its closest point to the side yard (east) property line to allow for a second-story addition above the existing garage. III. Other Business Reschedule the December 25,2007 BZA meeting. IV. Adjournment The Board decided to reschedule their December meeting to Decem The meeting was adjourned at 7:50 pm. . . . 07 -08-24 1801 Independence Ave. N. . Sandra Gunderson, Applicant . , . 1912 1913 1912 19l5 1912 , , I 1908 1909 19M 1913 191)8 :It i It! 1904 1905 li1ll2 1illl5 0 1904 i , ~ I Z 1900 9400 93!ill 9300 9250 i , EARlST , Z ll12ll 1821 9385 9345 ... 1816 1817 :z 1816 10 1817 ... ;g It 1812 1813 i 11112 ~ 1815 I N.t 18i1!l > 1808 $ 1 801 Independence Ave. < "","- m Z ,~ 1804'" ~ r.;,;J' l8iI5 1804 F' :t IliIl. m ,.-. 'l1rrHAVE N I - Z/' - , 18lIll '/ '/,;;/ ;~/;~';:;; 1800 --- 9300 i 172.0 1721 >- ~ ;Ie 1716 1717 1720 X i " ... x I 1713 m 1712 i -< % ;x; ... 1709 0'1 I "', :II: )>0 1104 1705 -< "~. ... NAPER ST ~ ~ Z 1700 1701 1636 I, 9345 1636 ;trtHA\te'l'4 NAl'ER ST " " ~ I----- 1632 1633 1630 .---.. ~ 1628 1629 - Ui2lJ 1629 ~ )>0 1624 < - Hi:/:4 16Z5 m 1624 1625 :z: <l) , , - , 1622 1621 1620 16,21 162fl , M~(.,;~I\'f'i!flh'(:1Y.s~ C<apJ.1'i~:'I\ (C~ t.00ISG.lS~ , , 'ol121t . . . . lIey Planning 763-593-8095 I 763-593-8109 (fax) Date: November 19,2007 Golden Valley Board of Zoning Appeals To: From: Joe Hogeboom, Planning Intern Subject: 1801 Independence Avenue North Sandra Gunderson, Applicant Ms. Gunderson is the owner of the property located at 1801 Independence Avenue North. In August, Ms. Gunderson received variances from City Code to allow for the construction of a second story addition and a main floor closet addition. Ms. Gunderson is asking the Board of Zoning Appeals to amend the original variance request (07-08-24), dated August 28,2007. In August, Ms. Gunderson was granted a waiver from Section 11.21, Subd. 10(A)(3)(c) of City Code (Side Yard Setback Requirements.) Ms. Gunderson was allowed two feet off the required six feet to a distance of four feet at its closest point to the side yard (north) property line for the construction of a main floor closet addition. After further consideration, Ms. Gunderson would like to build the main floor closest larger than originally planned. The approved closet was approximately 2 feet in depth. The proposed new closet is approximately 5 feet in depth. The proposed plan amendment does not increase the width of the closet into the side yard setback area beyond the first plan. However, Ms. Gunderson will need an amendment to the variance, because the proposed plans have deviated from those that were approved by the Board of Zoning Appeals. As detailed in Ms. Gunderson's original Zoning Code Variance Application, the hardship with this property is that the home is currently small and the closet addition would allow for more storage space. The proposed project requires an amended variance from the following 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. Ms. Gunderson requests 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. Ms. Gunderson requests re-approval of this variance with consideration of her amended site plans. As mentioned at the previous Board of Zoning Appeals meeting, two variances were obtained for this property on June 25, 2002 (in addition to variances approved in August, 2007.) . . . 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 Copies of past variance information have been attached to this memorandum. Wittman, Lisa ~.~.."....~~~ww._",_.~_^_"'.'^'.~"'''",~w'~~.'~_~='.~,'^,.v^,W",'~'..~_'" .,.__~,~~.._.w"_,_','..'~=^~~"N.,~'m'_"_""",",_mm_~'__,~,,,~'.~~v_.~"m,','~",w~v,"_~,'m.__'..._=~,".'_~""'~""_'_~m'+'~~'_'~'~'",,-",,-"'_~'''''''Nm,~.,.,'m'N^~~.~,~,,''''~.'m.w._.~~~^~.w,v'^_"~,~m_".~~__.',"V.,~m~,~...",_,',~vm._.'.~" 't: From: Gunderson, Sandra L (MN17) [sandra.l.gunderson@honeywell.cqmj Friday, November 09, 2007 2:24 PM Wittman, Lisa Subject: Variance Change for Sandra Gunderson Reason for changing the main floor bedroom closet. Closet now is a depth of23" and length of 40". The first architectural drawing indicated an additional 45" in length w ich was approved by the BZA (depth is still 23"). However, when the bidders looked at the closet all recommended chan ing it again to make it more functional by adding another section. I am now requesting approval for the main floor bedroom closet to be hanged/increased. The "bump-out" will be 45" in depth and 5' in length. It will be attached to the existing closet in an "L-shape". The bump-out closet, on the north wall, will be pulled in 5" closer to e house (it will not be lining-up with the existing north wall). The reason for this is to save money when re-sidi g. I, Requested chan ge Sandra.L.Gunderson I Honeywell Aerospace Global Customer Care 612-951-6646 612-951-6516 - fax . 11/9/2007 l andPlannlng [and SilFvey,ng 5M5 Te:,flil!) Clyillr Munidf'C1J Ehljineerjng ,"f MJineer$ f f I Surveyors Mortgage Loan Survey for -, LL; <J ( ) _.._J c::(} =-~=) C~ \\J ~..., I ,,-1"---""- 'r---- ',,.--- ! I I I I I (-._~ 1 ~) ! j I I i , :\ I ~ ',' " ' " ' ~ "'-., ...~- .-_.- ---.--..........--. ........ ----... '....~" ..----.--. ' ~_. /.:":' /: F:- r- __ /~.-" _'1 :/..) .... I~< ,!;o , , ,..-. \ ...1 2~ c. ,- -"~-"'~J ,,(',. '<', [' ~' ,', \ . - ..l, ._ - ...~ ,,' . ~ ~ \', lV...t~~.r-\~:2.:...,~ , "., 9 See-O'/\ .J &-\of'.' ;;;Jd.. i~ 0\1" 14 ).,1 Ij" --- ... ..._._-_._......~-~./ j J ( 1....". !', !. 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Minutes of the Golden Valley Board of Zoning Appeals August 28, 2007 Page 3 to 1 to approve the following . 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 Hogeboom referred to a survey of the property and stated that the applicant is proposing to construct a main floor closet addition and a second story addition both of which would encroach into the side yard (north) setback area. He stated that the hardship noted by the applicant is that the current house is a small 2-bedroom home and adding this addition would allow more storage and living space. Sell noted that this property received variances in 2002 to bring the existing house into conformance and asked about the need to grant side yard setback variances again. Hogeboom explained that the variances granted in 2002 were for the existing conditions at that time and any new construction has to meet setback requirements. Todd Knutson, Bruce Knutson Architects, Architect for the project, stated that the first variance request would allow an existing closet to be extended in order to create a more usable closet space and the second story addition will use the existing footprint of house. Grimes stated that eaves and overhangs are allowed to go 30 inches into a setback area. He asked if the eaves on the proposed second story addition would meet these setback requirements. Knutson said yes. . . . Minutes of the Golden Valley Board of Zoning Appeals August 28, 2007 Page 4 Hughes asked about the square footage of the existing house. Knutson said he didn't calculate the existing square footage but it is probably less than 1,000 square feet. Boudreau-Landis opened the public hearing. Eric Johnson, 1720 Independence Ave. N., asked if neighboring properties are affected when variances are approved. Boudreau-Landis explained that a variance affects only the property receiving the variance. Hearing and seeing no one else wishing to comment, Boudreau-Landis closed the public hearing. Boudreau-Landis said he doesn't see a hardship in this case, but he doesn't have any issues with the proposed additions because the footprint of the house will remain the same. Hughes said he thinks a 900 square foot home is a hardship in regard to selling the property and for livability. He added that the proposed addition is not intrusive so he would support granting the variance requests. McCarty said it is also a small lot and a more typical sized lot probably wouldn't need variances. MOVED by Morrissey, seconded by Sell and motion carried unanimously to approve the following variance requests: . 2 ft. off the required 6 ft. to a distance of 4 ft. at its closest point to the side yard (north) property line to allow for the construction of a main floor closet addition . 2 ft. off the required 6 ft. to a distance of 4 ft. at its closest point to the side yard (north) property line to allow for the construction of a second story addition Request: HogeboQ eferred to a survey of the operty and stated that t to c ruct a garage addition on to th front of his existing garage. . . . Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals June 25, 2002 A regular meeting of the Golden V ley Board of Zoning Appeals was held on Tuesday, une 25,2002, in the Council Cha bers, 7800 Golden Valley Road, Golden Valley, . nesota. Chair McCracken-Hun called the meeting to order at 7:00 PM. Those esent were Chair McCrac n-Hunt and members Cera, Sell, Smit Planning ommission Representat e Shaffer. Olson and cording Secretary Lis Wittman. I. 29,2002 MOVED by Shaffer, May 29,2002 minutes unanimously to approve the II. Request: 11.21, Subd. 7 (C)(1) Side Yard Setbacks isting home into co ormance with side yard setback Olson state hat the applicants w uld like to build an addition to their existing home. He explai d that the proposed ad ition would conform to setba requirements but that the xisting home is not in con ormance with the side yard setb k requirements. MO D by Smith, seconded by C ra and motion carried unanimously to est for 1.4 feet off the require 15 feet to a distance of 13.6 feet for the me at its closest point to the we side yard property line. 1801 Independence Avenue North (Map 20) (02-6-30) Sandra Gunderson, Applicant Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback . 8.4 feet off the required 35 feet to a distance of 26.6 feet for the existing home at its closest point to the front yard property line along Independence Avenue North. . . . Minutes of the Golden Valley Board of Zoning Appeals June 25, 2002 Page 2 Purpose: To bring the existing home into conformance with front yard setback requirements. Request: Waiver from Section 11.21, Subd. 7(C)(3) Side Yard Setbacks . 2 feet off the required 6 feet to a distance of 4 feet for the existing home at its closest point to the north side yard property line. Purpose: To bring the existing home into conformance with side yard setback requirements. Olson stated that the applicant would like to add a deck to her existing home. He explained that the proposed deck conforms to setback requirements but that the existing home is not in conformance with the side and front yard setback requirements. MOVED by Smith, seconded by Sell and motion carried unanimously to approve the request for 8.4 feet off the required 35 feet to'a distance of 26.6 feet for the existing home at its closest point to the front yard property line along Independence Avenue North and 2 feet off the required 6 feet to a distance of 4 feet for the existing home at its closest point to the north side yard property line. 5121 Circle Down (Map 9) (02 -31) fred Minniti A Iicant quired 15 fee a distance of 13.95 feet for point to the east side yard Purpose: Olson stated that the ap . ant would like t add a deck to xisting home. He stated that the proposed de ould conform to s tback requirements that the existing rmance with the side y rd setback requirements. MOVED haffer, seconded by Sell and otion carried unanimously to ap ve the reque or 1.05 feet off the required 15 fee 0 a distance of 13.95 feet for the e . ting ho at its closest point to the east side ya property line. 2 -~_-------.. \. =iftlC::rl...II;,~":.._,, '---".'. \ t- -~.;- ", ~I~i-II--l'\ I 1-" " - ..,. ",", ;..,- - ~-- I11III ""(.1, ~~{~,~~: 1P,'\ I i .~t h~",'" -'j!j:":<' -', .""rt-" I I ~ r-~',,;-:~;~ (~~i ,1.'1:';; ,,: I. ..~ I .' 1 .' I. ====1 ill ====l I I , I ,4 ~" ~.r ,.4.?", ,_ ._ '_ ,." ~"." 4~1 ,",f; <;~ ;.,0;, a'l. ':~.~ ., il' I ':"".:1. ,'''','( c" ';:'1 .'" . ~"... r- ~;..,. :~. ~'" ':>, ,,-"1 '\. . . '!: ..~ "t'~ '~ ! ~i .'!; y~ ,...., ~~ . ~~ -~"i ~~ .. ~~ :j .Jr- , .\..~; > < . . ~J; '",~ I '~' l' " .,t,~^ 1" "~ - ---- :i. \.., '" '\ \ \ " \ \ \ . 7/23120072:22:38 PM ~ ell :I=- gJ t:tl- ~5 "'l ~ ~ ~ - ~ . ~~ ~::t :t::~ =z II ,. ~r ~~ . xz ~~. ai Ii () z o t:= ~ GUNDERSON ADDITION ~JJ ~'l a;~ t~ ~ r l:~ ~~ 23 ~2 \lI" ~~ ~U1 \lIC y~ Zm ~JJ (\ {) \lI ~ it~ DATE: I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR RE. PORT WAS PREPARED BY ME OR UNDER MY DIRECT SUP- ERVISION AND THAT I AM A REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. ..... - 00 S 1801 INDEPENDENCE A V. N. GOLDENVALLEY,MN.S5427. RIReE KNUTSON ~ REGISTRATION NO: 11789 530 NORTII 3RD ST. SUIrE 530 MINNEAPOLIS, MN. 55401 PHONE 612-332-8000 FAX 612-332-7504 WWW.KNUTSON-ARCIllTECTS.COM . . ~~ ~ ~\ cA ~~J6 ~.t~ 3 ~~ )> (i; t:I ~.~ i ~ ~ . .. l07 11 :13:34 AM ~ J>, ~ ,~ ~ ~ ~ - :!:~ ~':{ :t;:k =Z- 'II 11 ~r q~ . J-t: .0 Z ::'\' Ii " " 1\ - Z " , , , , , , I I I , , '-cJ ~"I\ ~~ ~! =\X -< ~l\ ~~ ~. ~~ ~O ~ C'~ ... - ~~ 0> . g DATE: BRlLe) .p~iii ~ ~ GUNDERSON ADDITION I HEREBY CERTIFY THAT THIS II'ZIP PLAN SPECIFICATION OR RE. o~~ ~ ~ , PORT WAS PREPARED BY ME ..Jill fa OR UNDER MY DIRECT SUP. KNUTSON ~~ ~ -;J , ERVISION AND THAT I AM A - REGISTERED ARCHITECT - gg tv 1801 INDEPENDENCE A V~ N. UNDER THE LAWSOFTHE ~ ~ - STATE OF MINNESOTA. 530 NORm 3RD ST. SUITE 530 GOLDEN VALLEY, MN. 55427 MINNF..APOLIS. MN. 55401 PHONE 612-332-8000 FAX 612-332-7504 ~ WWW.KNUTSON-ARCHITECTS,COM REGISTRATION NO: 11789 . _ ....AJ 4 18" ENG-TRUSSES~ , @ 19.2" O.C. 4 18" ENG-TRU~g,~ @ 19.2" O.C. i\i~ . .