02-28-06 BZA Agenda
e
Board of Zoning Appeals
Regular Meeting
Tuesday, February 28, 2006
7pm
7800 Golden Valley Road
Council Chambers
I.
Approval of Minutes - January 24, 2005
II.
The Petitions are:
6410 Glenwood Avenue (05-11-25)
Dale & Kim Lampe. Applicants
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
., 5.2 ft. off the required 35 ft. to a distance of 29.8 ft. at its closest
point to the front yard (east) property line.
Purpose: To allow for a garage/home addition
e III. Other Business
Discussion of when the BZA would like to present their Annual Report to the City
Council.
IV. Adjournment
e
"
.
.
.
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
January 24, 2006
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
January 24,2006 in the Council Chambers, 7800 Golden Valley Road, Golden Valley,
Minnesota. McCarty called the meeting to order at 7 pm.
Those present were Members Hughes, Landis, McCarty, Sell and Plannin Commission
Representative Waldhauser. Also present were Director of Planning a pment
MarkGrimes, Planning Intern Kristen Gonzalez and Administrative
Wittman. Member Duff was absent.
I. Approval of Minutes - December 27,2005
MOVED by Waldhauser, seconded by Sell and motion carrie
the December 27,2005 minutes as submitted.
II. The Petitions are:
o approve
4901 Winsdale Street (06~01 ~01)
Ron Wallace. Applicant
Request:
. 10(A)(1) Front Yard Setback
ired 35 ft. to a distance of 28.7 ft. at its closest
ard (north) property line.
Purpose:
from Section 11.21, Subd. 11 (E) Accessory Structure
ements
. 112 sq. ft. more than the allowed 1,000 sq. ft. for a total of 1,112
sq. ft. of accessory structure space.
To allow for a garage/home addition.
Gonzales referred to.a location map and stated that the subject property is located atthe
corner of Winsdale Street and Spring Valley Road. She explained that the applicant is
requesting a variance from the front yard setback requirements to allow for the front
entrance of the proposed new addition to be located 28.7 fromthe property line. She
stated that the applicant is also proposing to have 1,112 square feet of garage
(accessory) space which is112 square feet more than allowed in the zoning code.
Waldhauser referred to the drawings of the proposed home addition and asked if the
garage would extend outfurther than the front porch. Grimes referred to the elevations in
the agenda packet and suggested that the applicant elaborate.
Minutes of the Board of Zoning Appeals
January 24, 2006
Page 2
. Gonzales noted that the neighbor to the south of this property has stated that he is
concerned aboutdrainage in the area. She explained that the applicant will have to apply
for a grading and erosion control permit as part of the building permit process.
Ron Wallace, applicant, stated that he is not aware of any drainage issues on the
property, but if there is a problem he will try to remedy it. He said that he is not planning
on changing any elevations and that part of his proposal includes creating a swale to
direct water to the proper location.
.
McCarty referred to the drawings of the proposed new additions and
to explain his request. Wallace showed a picture of the existing hous
the house after his proposed additions. He stated that building 0 IS
because there are two 35-foot setbacks. He explained that th 'an
are mostly for aesthetic reasons because he doesn't want it
was added to the house.
Grimes referred to the drawing of the west elevation
garage would be coming slightly forward. Wallac
built slightly forward. Grimes said he thought th
asked if the survey was more accurate. Wallac
exactly correct, but the survey was accur
is due to the fact that the front setback
want the house to look like a box.
the p posed new
ew garage would be
awin was incorrect, and
ed that the drawings weren't
s the hardship in this case
the property and he doesn't
Grimes clarified that the existin
stall garage. Wallace said t
would become living space and a one-
McCarty asked if the pro
said no because it h sliv
really seeing a har
and that is mor
regular open f
living spa
t would be considered an open porch. Grimes
above it. McCarty stated that he 1s having difficulties
ont porch addition. Wallace stated that it is a corner lot
cCarty asked the applicant about building just a
living space above it. Wallace stated that it really isn't
o-story open foyer.
nt if he had thought about setting the garage back on the lot
allace stated that the north side of the house is really more of a
ve better aesthetics. He added that he didn't think the neighbors to
want the new garage closer to their property.
McCarty referred to the proposed balcony above the new garage and asked how far it
would come out. Wallace said the balcony would be a couple of feet wide. He said that
he is trying to make this house fit in with the rest of the neighborhood and that right now it
is an eyesore and a rental property. He said he would be willing to move the proposed
balcony to the west side of the addition. He added that he didn't feel that he was asking
for too much considering that the setbacks are halfway through the property.
.
McCarty opened the public hearing.
.
Edward Betzold, 1455 Spring Valley Road, stated that his property is
directly south and adjacent to the subject property. He stated th h
location for 52 years and in that time they've watched rivers fl.
He said that the water hasn't caused any damage to his yar
concerned that this proposed addition could stop the flow of
on his property. He showed pictures of his property a he
direction of the water flow.
ed
is
yards.
ut he is
it to dam up
ssed the
McCarty stated that he thinks Mr. Betzold has a
applicant will have to have spot elevations done
part of the building permit process. Hugh
streets in that area soon which also mi
nee . He explained that the
e is positive drainage as a
ty will be re-constructing the
drainage issues.
The Board discussed various opt'
McCarty suggested allowing th
existing cantilever of the ho
could go as close as 30 f
variance would then be
cantilever on the ho se.
os front entry and garage additions.
to be able to come out as far as the
ropos front porch would remain open and
roperty line. Grimes clarified that the only
addition to be in line with the existing
Landis asked if
reiterated that
side of th
ny would still be a part of the request. Hughes
aid he would be willing to move the balcony to the west
, seconded by Landis and motion carried unanimously to approve
quired 35 ft. to a distance of 32 ft. at its closest point to the front yard
(nort erty line to allow for a garage/home addition. (New construction is allowed
to follow the same plane as the cantilevered section of existing home which is
currently located 32 ft. from the front yard (north) property line.)
.
· An- open front porch may go to a distance of 30 ft. at its closest point to the front yard
(north) property line.
· The total accessory structure space shall not exceed 1,000 square feet.
Minutes of the Board of Zoning Appeals
January 24, 2006
Page 4
.
III. Other Business
2005 Year-End Envision Report
The Board discussed the graph and spreadsheet prepared by staff that showed how
many and what types of variances were approved in 2005. Grimes noted that this is
what they told the City Council they would do as a part of the Envision process.
IV. Adjournment
The meeting was adjourned at 8:10 pm.
.
.
.
05-11-25
6410 Glenwood Avenue
.
Dale and Kim Lampe, Applicants
.
.
.
Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
February 26,2006
To:
Golden Valley Board of Zoning Appeals
From:
Kristin A Gonzalez, Planning Intern
Subject:
6410 Glenwood Avenue
Dale & Kim Lampe, Applicant
The Lampes own the house and property at 6410 Glenwood Avenue. The applicants are
requesting a variance from Section 11.21, Subd. 10 (A)(1), Front Yard Setbacks, in order to
construct a new garage addition. A survey was required to obtain information regarding the
existing structures on the property: The proposed new garage addition to the house will bring
it to within 29.8 ft. of the east front property line.
The applicants have brought this variance to two past Board of Zoning Appeals meetings.
The first time it came to the BZA, there wasn't a full Board present so they gave the Lampes
the option to table it until the next meeting when there was a full Board, which they chose to
do. The applicants came back with the same plans the next meeting of the BZA. Still unable
to reach a decision, the applicant and Board decided table it again and give the applicant the
chance to change the plans so the new addition was in line with the existing garage.
The applicant has changed the plans to meet the existing garage setback. Originally, the
applicants plan was to turn the existing garage into living space and add a new garage on to
the north side of the old garage, bring the home within 18 ft of the property line. In the new
plans the applicants are keeping the existing garage space as garage and adding on to make
it into a two car garage. The addition will also include storage and workshop space.
The applicants state that their hardship is the fact that the current garage, while it looks like a
two stall garage, is only large enough to fit one vehicle. The existing structure is non-
conforming because the garage is 5.2 ft. over the setback requirements. To expand their
garage, they would need to get a variance to bring the home into conformance.
The project requires a variance from the following City Code:
. Section 11.21, Subd.10 (A)(1), Front Yard Setbacks. City Code states that the required
front yard setback shall be 35 feet from any front property line along a street right-of-way
line. The requested variance is for 5.2 ft. off the required 35 ft. to a distance of 29.8 ft. at its
. closest point to the front property line.
A review of the City file indicates that the house was built in 1952. No other major additions
have been made to the house since that time.
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CERTIFICATE OF SURVEY
FOR: Dale W. & Kimberly S. Simpson-Lampe
6410 Glenwood Ave.
Golden Valley, MN 55427
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LEGAL DESCRIPTION: That part of Lot 4, Auditor's Subdivision No. 322, Hennepin County, Minnesota, lying
South of the North 130 feet thereof.
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SURVEYOR'S CERTIFICATION:
I here certify that this survey was prepared by me
andjthat am a duly Registered Land Surveyor und~r
thflaws ~e State of N~nn~sota, _As surveyed by
ethis . dayof 1~2005. .
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LEGEND:
Scale:] inch = 30 feet
Bearings as shown are assumed
. Denotes Iron Monument Found (1)
o Denotes Iron Monument Set (3) [Capped by RLS No.1 0948]
M - Current Measurement
P - Original Measurement
Note: Distances as meaSlIff'O ::Iff' in fppt tpnth~ \Inri hnnrlrprlthc nf'., f'nnt
and Surveyor, Mn. License No. 10948
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I hereby certify that this drawing _s
prepared by me Of' un<!.. my direct
supervlslon and that I om a duly
Regl.l.-ed Professional Architect under
the laws of the State of Minnesota
Registration No. 235B9
Date 2/7/06 BRICKBOXGROUP
Drown By KSL
DALE: LAMPE, AlA .
Checked By OWL 8410 CllDIWOOO AW: eIIIo
Commlnlan No. 20050901 ~~o.:N 55427
ProJocl Location:
LAMPE RESIDENCE
6410 GLEN WOOD AVE
GOLDEN VALLEY, MN
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35' FRONT SETBACK.
25' FRONT SETBACK
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EDGEWOOD AVENUE NORTH
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ProJoct loc:Gllan:
LAMPE RESIDENCE
6410 GLEN WOOD AVE
GOLDEN VALLEY, MN
I hereby certify that this drawing was
prepared by me or under my dlfect
.....pervlslon and that I om a duly
Registered ProfeaslonGl Architect under
the Jaws of the State of MlnnellClta
Registration No. 23589
Oat. 2/7/06
Drawn BY KSL
a.ecked By 0 WL
Commlulcn No. 200509-
BRICKBOXGROUP
DALE LAMPE. AlA .L
"'0 ClLENWOCO ..\IE
GOLDEN VAUrt'. UN &5427
T; 7e3- I
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:
b tf 10 . Gr LeV LUC:C>.D Ai/t:=
2. Applicant: Nrz,~ ~ f (c-ijt1/7 LAII4{>e"
~IO C71QJIAI=-I.A--vG Gb/d~ Va !JPN 1..).1;-1 934-'2-1
Address ). ""7 t.;ity/State/Zip
-~
Business Phone Home Phone
J?-f M I l--/>r1v1 p6~ t:..r:7M,~1' . 1Jer
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.
New ADt7rrf&>,J Or Arr~ zq >';?2- c;,~e '1?) eXIGTING, 1616'2-
(2IxfV1~lA!72.. fS}<l<g,T(~ l'b' f.l./tr;;€' ~~~ Sl-tAt.-l.- fl:6 f51v1L:>Det.,~
fJ.J'f(? UVINc;.. SPAce.
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.
f~Pf'~ ~e Af:::?711'1L:>,J iJouJ.,t;? ~ I~I bpP ff<D~ ~ J::UF 7D
pOU-OlJIJJ~ ~lfS;~ ~ tJt-tH!Z "PfZo?Jt~s. j PlAceMeNt
~ qt.16rINM- J-lt,btS6 t>fJ n ~csr j .. MJ1:? SE:V~ fIIlMUfU ~t;;:S.
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 expi s.
.
6. If the applicant is not the owner of all property involved in this application, please name the
owner of this property:
~
Print Name of owner
Signature of owner
Variance Application Submittal:
The following information must be submitted by the application deadline to make a complete
application. If an application is incomplete, it will not be accepted:
X Completed application form, including signatures of surrounding property owners.
,X 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 thes.e 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
~y possible effect the granting of this variance could have on your property. You will also be
~eiving a written notice informing you of the time and place of the variance meeting.
By signing this form, you are only verifying that you have been told about the project, not that
you necessarily agree or object to the project. If you wish, you may comment on the project.
Comments can contain language of agreeing with the project, objecting to the project or other
statements regarding the project.
rint Name lrt-l-ee~y-6L, vie-
Comment
Signature
Print Name
Comment
Signature
Print Name
Comment
Signature
Be' eltJ /}-D v J 7L (:)
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Minutes of the Golden Valley Board of Zoning Appeals
November 22, 2005
Page 4
Sell agreed that it is a
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will increase the value of the neig
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aid. it is a good plan that
6410 Glenwood Avenue (05-11-25)
Dale & Kim Lampe, Applicants
Request: Waiver from Section 11.21, Subd.10(A)(1) Front Yard Setback
Requirements
· 17 ft. off the required 35 ft. to a distance of 18 ft. at its closest
point to the front yard (east) property line.
Purpose: To allow for a garage/home addition.
Grimes stated that the applicants are requesting to convert their existing garage into
living space and construct a new garage that would sit at an angle and be 18 feet at its
closest point from the property line along Edgewood Avenue. He explained that there
was some confusion regarding the setbacks for this property and that the applicants
thought Edgewood Avenue was considered to be a side yard. He stated that the
applicants are trying to avoid losing some mature trees and they are proposing to keep
the existing curb cut. He added that there are some other options with construction on
this lot that the Board should discuss.
Sell referred to the survey and noted that the dimension from the existing south east
corner of the house to the property line along Edgewood was not listed. Kim Lampe,
Applicant, stated that she has an updated survey. Grimes stated that the dimension is
29.8 feet. He added that the applicants have said that they will be moving the existing
shed to a conforming location as well.
Ms. Lampe stated that they were not aware that the property has two front yard setbacks
and that they think of that as a hardship. She explained that the reason they are
proposing that the garage be set at an angle is because they want to utilize both of the
homes entrances. She stated that adding onto the front of the house cuts off the front
entrance and that adding onto the back of the house cuts off the back entrance.
Sell asked if the existing deck would be removed. Dale Lampe, applicant said yes. He
stated that the existing garage is only 16 feet wide so they can't get two cars in it.
Waldhauser asked the applicants when they purchased the home. Mr. Lampe said they
purchased it in May 2005.
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Minutes of the Golden Valley Board of Zoning Appeals
November 22, 2005
Page 5
Grimes referred to a tree located directly behind the proposed garage and asked the
applicants if it could be built the Same the distance away from the property line of the
existing house if the tree wasn't there. Mr. Lampe stated that there is a tree in the front of
the proposed garage that is causing a bigger problem.
Ms. Lampe stated that their house is almost 40 feet away from the neighboring house so
it wouldn't feel like the proposed garage is so far into the front setback.
Sell clarified that by angling the proposed garage it would come approximately 10 feet
closer to the east property line than the existing house.
Waldhauser stated that the proposed 30 ft. x 25 ft. garage is really a three-car garage.
Ms. Lampe said the garage would only have two garage doors.
Waldhauserasked the applicants about the possibility of just expanding their existing
garage into a full two-stall garage. Ms. Lampe explained that that is where their back door
is currently located. She said that the proposal is to convert the existing garage into
kitchen and dining room space and that because of the trusses and various other
problems and angles it wouldn't work.
Waldhauser asked the applicants if their main objective in doing this garage addition is to
get more kitchen and dining room space. Mr. Lampe said yes. Waldhauser said that
apart from the need for a double garage which is necessary she has a hard time seeing
the hardship in this case. The home was purchased recently and this would be a nice
addition but she doesn't think the need for additional kitchen and dining room space is a
hardship and it would be feasible to add on to the existing garage.
Duff stated that he is also having a hard time seeing a hardship in this instance. He said
he thinks considering corner lots as a hardship is too inclusive. He said he also has a
hard time finding trees a hardship and that for him trees are more of an economic issue.
Landis said that he disagrees because corner lots have two 35-foot setbacks and that he
is never in favor of removing a tree. He said he sees this corner as being a hardship. Duff
stated that considering all corner lots to be a hardship is too broad in his opinion.
Sell stated that for many years this house has been considered non-conforming. He said
if the variance request was along the Glenwood Avenue side of the property he would
have a bigger problem with it. He stated that if this were a proposal just to get a bigger
garage to house toys and lawn mowers he would say no, but this proposal is to create a
better living space. He said he looks at it like it is already a non-conforming situation that
would be a little bit more non-conforming and the next house is 75 to 80 feet away so he
would, in this case, support the variance request.
Grimes stated that existing home was built before 1982 so it is considered conforming.
He asked the applicants why they couldn't keep the same setback as the current garage
and remove the tree in the back. WaJdhauser noted that the tree in the front makes too
severe of an angle for the driveway.
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Minutes of the Golden Valley Board of Zoning Appeals
November 22,2005
Page 6
Landis asked about the height of the existing tree in the back yard. Ms. Lampe said she
did not know the height, but that it is approximately 30 inches in diameter and the tree in
the front is 80 years old. Landis said he agreed with Sell. Waldhauser said that this
proposal would be increasing the intrusion by quite a bit.
Duff stated that no one is stating anything unreasonable and this is a positive plan but for
him there has to be a hardship and he doesn't see one in this case.
Grimes stated that since there are only 4 Board Members present they could vote to table
this request in order to have a full Board present.
Sell asked the applicants if they would like to table their request to the December 20,
2005 meeting.
Mr. Lampe said they would like to table their request.
MOVED by Waldhauser, seconded by Duff and motion carried unanimously to table the
variance request for 6410 Glenwood Avenue until the December 27,2005 Board of
Zoning Appeals meeting.
III.
IV. Adjournment
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
mber 27, 2005
lIey Board of Zoning/, s was held on Tuesday,
n Valley Road, Golden
er at 7 pm.
I.
econded by Waldhauser and motion carrie
22,2005 minutes as submitted.
II. The Petitions are:
6410 Glenwood Avenue (05-11-25)
Dale & Kim Lampe, Applicants
Request: Waiver from Section 11.21, Subd.10(A)(1) Front Yard Setback
Requirements
. 17 ft. off the required 35 ft. to a distance of 18 ft. at its closest
point to the front yard (east) property line.
Purpose: To allow for a garage/home addition.
Grimes reminded the Board that this variance request was tabled at their November
meeting because there were only four Board Members present. He added that there has
been no new information submitted so this meeting a continuation of their discussion
from November.
Kim Lampe, applicant, stated that they have been thinking about different options. She
explained that the existing garage is not the driving force behind this proposed project,
but that it is too small to use as a two stall garage. She stated that they would like to
convert the existing garage space to living space and that part of what they love about
their lot is the huge mature trees.
McCarty stated that he his concerned about this proposal because the existing garage
already projects out further than others on Edgewood and that this proposal would
exacerbate the situation. He asked the applicants if they would consider straightening out
the proposed angle of the garage.
Kim Lampe explained that part of their long range plan is to remodel the kitchen and
dining room using the existing garage space. She added that the reason they are
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Minutes of the Golden Valley Board of Zoning Appeals
December 27,2005
Page 2
proposing angling the new garage is so they can use the existing driveway cut and save
the tree roots in that area.
McCarty said that another concern he has is the hardship. He explained that the Board of
Zoning Appeals is set up to review proposals based on hardships and he is having a hard
time seeing one in this case. He added that he doesn't think this is a bad design and he
understands that the applicants don't want to lose any trees, but there seems to be other
options.
Waldhauser said she also understands that the applicants are trying to work around
some existing trees, but they may need to go. She said there are other options and it
seems possible to straighten out the proposed angle of the new garage.
McCarty said the proposed new garage addition is a large addition but it could be
reconfigured and twisted back further into the yard. He said that even with a re-design the
project would still require a variance, but he would not have a problem with granting a
variance if the new garage were in line with the plane of the existing garage. He proposed
that the Board give the applicants some leeway in allowing them to change their variance
request.
Kim Lampe said that she did not completely understand the Board's concerns about the
proposed garage projecting out too far because there is so much space between their
property and the property to the north. Waldhauser said she was more concerned about
the neighbors directly across from the applicants. Lampe said she has shown the
neighbors across the street the proposed plans they are alright with it. She added that
she realizes that they don't have a seriously hard hardship but they are not going to be
offending anybody. Duff stated that the proposal is a reasonable plan, but whether there
is a hardship or not is the key and that is the problem the Board is having.
Grimes said that since it seems like the Board would possibly allow a variance for a new
garage if it is in line with the plane of the existing garage, one option would be to table the
proposal again to allow the applicants time to redesign their proposal without having to
re-apply for another variance. Duff said that he wouldn't be in opposition to that approach
because there is already an intrusion into the front yard setback area and it would be
pretty hard to say that the applicants couldn't build up to that point.
McCarty asked the applicants if they would like to table their request again in order to
redesign the garage addition to be in line with the plane of the existing garage. Grimes
explained to the applicants that they could also appeal a negative vote to the City
Council. The applicants decided to table their request and redesign their plans.
MOVED by Waldhauser, seconded by Duff and motion carried unanimously to table the
variance request for 6410 Glenwood Avenue for 90 days.
III. Other Business
No other business was discussed.