03-28-06 BZA Agenda
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Board of Zoning Appeals
Regular Meeting
Tuesday, March 28, 2006
7pm
7800 Golden Valley Road
Council Chambers
I.
Approval of Minutes - February 28, 2006
II.
The Petitions are:
5785 Westbrook Road (06-03-02)
William H. Anderson, Applicant
Request: Waiver from Section 11.65, Subd. 5(A) Shoreland Setback
Requirements
. 32 ft. off the required 50 ft. to a distance of 18 ft. at its closest
point to the top of the bank of the creek.
Purpose: To bring the existing home into conformance with shoreland setback
requirements
Request: Waiver from Section 11.21, Subd. 10(3)(a) Side Yard Setback
Requirements
. 1.3 ft. off the required 15 ft. to a distance of 13.70 ft. at its closest
point to the side yard (east) property line.
Purpose: To allow for a second story addition on the existing home
6432 Golden Valley Road (06-03-03)
Manfredo Barrios, Applicant
Request: Waiver from Section 11.21, Subd. 12(A) Front Yard Setback
Requirements
. 9 ft. off the required 25 ft. to a distance of 16 ft. at its closest point
to the front yard (west) property line.
Purpose: To bring the existing home into conformance with setback
requirements
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
e · 17 ft. off the required 35 ft. to a distance of 18 ft. at its closest
point to the front yard (west) property line
Purpose: To allow for an addition to the existing home
2810 Kyle Avenue North (06-03-04)
Michael J. Hammer, Applicant
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
. 5 ft. off the required 35 ft. to a distance of 30 ft. at its closest point
to the front yard (west) property line
Purpose:
To allow for an addition to the existing garage
Request:
Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
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. 5 ft. off the required 35 ft. to a distance of 30 ft. at its closest point
to the front yard (west) property line
Purpose:
To allow for an addition to the existing home
Request:
Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
. 11 ft. off the required 35 ft. to a distance of 24 ft. at its closest
point to the front yard (west) property line
Purpose: To allow for an addition to the existing home
Request: Waiver from Section 11.21 Subd. 10(3)(b) Side Yard Setbacks.
. 9.5 ft. off the required 12.5 ft. to a distance of 3 ft. at its closest
point to the side yard property line to allow for an addition to the
garage
III. Other Business
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IV. Adjournment
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
February 28, 2006
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
February 28, 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 Duff, Landis, McCarty, Nederveld and Planning
Commission Representative Waldhauser. Also present were Director
Development Mark Grimes, Planning Intern Kristen Gonzalez and Ad
Assistant Lisa Wittman. Member Sell was absent.
McCarty welcomed new member Andy Nederveld to the Boar
I. Approval of Minutes - January 24, 2005
MOVED by Waldhauser, seconded by Landis and
the January 24, 2005 minutes as submitted.
II.
The Petitions are:
6410 Glenwood Avenue (0
Dale & Kim Lam eA.
Request:
11.21, Subd. 1 O(A)(1) Front Yard Setback
he required 35 ft. to a distance of 29.8 ft. at its closest
front yard (east) property line.
ard that they tabled this request at their January meeting. She
pplicants have changed their proposal and are now planning on
arage space along the same plane as their existing garage.
ed about the dimensions of the existing garage. Kim Lampe, applicant
eir current garage is 16 feet by 18 feet.
Grimes reminded the Board that at their last meeting they suggested to the applicants
that they come back with a proposal that showed the new garage staying in line with their
existing garage and that is what they have done.
Nederveld asked if the existing house and garage conform to the setback requirements. .
Grimes said yes. The .existing house and garage were built prior to 1982 so they meet the
setback requirements. However, the new construction would not and that is why they
need a variance.
II
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Minutes of the Golden Valley Board of Zoning Appeals
February 28, 2006
Page 2
McCarty said he thinks the new proposal looks nice and that they did take the
suggestions that the Board gave them at their last meeting. He said he has no problems
with the new proposal.
Duff asked about the dimensions of the proposed new garage. Dale Lampe, applicant
stated that the proposed new garage will be 22 feet deep by 18 feet wide. Duff stated that
he thinks having a one stall garage articulates a hardship and that the Board has said
that in the past a one stall garage has been considered a hardship.
MOVED by Duff, seconded by Waldhauser and motion carried unani
the request for 5.2 ft. off the required 35 ft. to a distance of 29.8 t I
the front yard (east) property line.
III. Other Business
Discussion of when the BZA would like to presen
Council.
McCarty stated that he would present the
Council at their April 4, 2006 meeting.
al Report to the City
IV. Adjournment
The meeting was adjourn
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06-03-02
5785 Westbrook Road
.
William H. Anderson, Applicant
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See Large Size Plans and/or Survey in
Planning Department
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Planning
763-593-8095 I 763-593-8109 (fax)
Date:
March 28, 2006
To:
Golden Valley Board of Zoning Appeals
From:
Kristin A Gonzalez, Planning Intern
Subject:
5785 Westbrook Road
William H. Anderson, Applicant
· Section 11.65, Subd. 5(A), Shoreland Setback Requirements. City Code states that
structure setback from ordinary high water in general development waters is 50 feet. The
requested variance is for 32 feet off the required 50 feet to a distance of 18 feet at its
closest point to the top of the bank of the creek.
· Section 11.21, Subd. 10(3)(a), Side Yard Setback Requirements. City Code states the
required side yard setback for lots greater than 100 feet shall be 15 feet. The requested
variance is for 1.3 feet off the required 15 feet to a distance of 13.70 feet at its closest point
/. to the side property line.
A review of the City file indicates that the house was built in 1960. No other major additions
have been made to the house since that time.
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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: W /ll,'aWl H. lJJt1dey.soYl
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Cell Phone
Email Address
3. Detailed description of building{s), addition{s), and alteration{s) involved in this petition. The site
plans and drawings submitted with this petition will be the basis of any variance that may be
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.
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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
statements regarding the project.
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6432 Golden Valley.Road
Manfredo Barrios, Applicant
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Planning
763-593-8095 I 763-593-8109 (fax)
Date:
March 28, 2006
To:
Golden Valley Board of Zoning Appeals
From:
Kristin A Gonzalez, Planning Intern
Subject
6432 Golden Valley Road
Manfredo Barrios, Applicant
Mr. Barrios own the house and property at 6432 Golden Valley Road. The applicant is
requesting avariance from Section 11.21, Subd. 12 (A), Front Yard Setbacks to bring the
home into conformance with the setback requirements. Also, a variance from Section 11.21,
Subd. 10(A)(1), Front Yard Setback Requirements, for an addition to the home. A survey was
required to obtain information regarding the existing structures on the property. The proposed
new addition to the house will bring it to within 18 ft. of the west front property line.
Mr. Barrios would like to construct an addition to the north side of the home. This is a small
addition, and is going to be located where the deck is now.
The applicant states that his hardship is the fact that the lot is a pie shape and the. current
placement of the home makes it difficult to expand. The home is also located on a corner lot
and therefore is subjected to two front yard setback requirements.
The project requires a variance from the following City Code:
. Section 11.21, Subd.12 (A), Front Yard Setbacks. The City Code states that homes built
before 1982 shall be no closer than 25 feet to the front yard property line. The requested
variance is for 9 ft. off the required 25 ft. to a distance of 16 ft. at its closest point to the
front yard property line.
. 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 17 ft. off the required 35 ft. to a distance of 18 ft. at its
closest point to the front property line.
A review of the City file indicates that the house was built in 1890. In 1977, the homeowners
received a variance for a new garage in the back of the property, which is noJonger there. No
other major additions have been made to the house since that time.
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CERTIFICATE OF SURVEY FOR:
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GOLDEN VAl.LEY, MINN. 55427
LEGAL DESCRIPTION
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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 3. 3 -o~
BZA Meeting Date 3' U-6t-
Amount Receivedf,ZS"
1. Street address of property involved in this application:
1013 2 C;U)//4211 Ucdle ( rd..
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Applicant: M 0. 'V\ 9 r- e..d 0
Name
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Address
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Business Phone
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Email Address
3.
Detailed description of building(s), addition(s), and alteration(s) involved in this petition. The site
plans and drawings submitted with this petition will be the basis of any variance that may be
approved and cannot be changed before or after the building permit is issued.
4.
A briefstatement 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.
. . "BE CQU ~e. ~r ~-\-
Ver L' i e..
.
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.
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06-03-04
281 o Kyle Avenue
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Michael J. Hammer, Applicant
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Planning
763-593-8095 I 763-593-8109 (fax)
Date:
March 28, 2006 .
Golden Valley Board of Zoning Appeals
To:
From:
Kristin A Gonzalez, Planning Intern
Subject:
2810 Kyle Avenue North
Michael J. Hammer, Applicant
Mr. Hammer owns the house and property at 2810 Kyle Avenue North. The applicant is
requesting three variances from Section 11.21, Subd. 10 (A)(1), Front Yard Setbacks, and a
variance from Section 11.21, Subd. 10(3)(b) Side Yard Setbacks, in order to construct a new
front porch, expand the garage and add on to the south part of the home; A survey was
required to obtain information regarding the existing structures on the property. The proposed
new additions to the house will bring it to within 24 ft. of the west front property line and 3 ft.
of the north side yard property line.
Mr. Hammer is planning three additions to his home. On the north part of the home, he plans
to expand the one car garage to about 26 ft. by 20 ft., which would be a good size two car or
two and a half car garage. Staff thinks this is a bit excessive, especially because this causes
the home to be located 3 ft. from the property line. Staff told the applicant that the BZA likes
to see at least a minimum of 5 ft. setback. Staff feels that 22 ft. in width should be sufficient.
The applicant is also planning on creating a new foyerwhere the existing front entry stairs
are, and an expansion to the southern part of the home.
It has come to staff's attention. that the homeowners are operating a home occupation that
may not meet the requirements of the Zoning Code (see attached). Wichmann Gardening
Services list their address as 2810 Kyle Avenue North in Golden Valley in the phone book
and online. Staff would like to discuss this with the applicant at the meeting.
The applicant states that the hardship is the fact that the existing garage is only a one car
garage. With multiple vehicles and a boat, it is an inconvenience. He also states that there is
a concrete slab where a well used to be that has cracked, and while it has been repaired
many times, it still leaks water into the home. The applicant claims that the addition of the
foyer will eliminate this problem.
The project requires the following variances from the 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 5ft. off the required 35 ft. to a distance of 30 ft. at its
closest point to the front property line.
.
.
· 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 ft. off the required 35 ft. to a distance of 30 ft. at its
closest point to the front property line.
· Section 11.21, Subd. 10 (A)(1), Front Yard Setbacks. City Code statesthat 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 11 ft. off the required 35 ft. to a distance of 24 ft. at its
closest point to the front property line.
· Section 11.21 Subd. 10(3)(b) Side Yard Setbacks. City Code states that the required side
yard setback for lots having a width greater than 65 feet and less than 100 feet, .shall be
12.5 feet. The requested variance is for 9.5 ft. off the required 12.5 ft. to a distance of 3 ft.
at its closest point to the side yard property line.
A review of the City file indicates that the house was built in 1956. In 1995, the applicants were
granted a variance, which was to bring the existing home into conformance with front yard
setback requirements, to construct a deck to the rear of the home. No other major additions
have been made to the house since that time.
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Subdivision 13. Temporl Outdoor Storage. Temporary Outdoor Storage
. district shall be gover~ d by the following requirements:
.
be stored on a
property for more than
B. Loca
hard surface and be located com
Subdivision 14. Decks
30 inches but greater than 8 inc '
with frost footings and whiG' part of'
permit issued by the D' of Planning.
the City Council. T pose of the zonin ermit is to insure t
inches but les 30 inches in height are ocated in a conforming
(See Subdiv" 11.H).
ms. Decks and platforms not more. than
de and not attached to a structure
shall require a zoning
ermit is established by
ks greater than 8
ation on the lot.
Subdivision 15. Home Occupation Requirements.
A. Home occupations in the R-'1 Zoning District shall be governed by
the following requirements:
1. The use of the dwelling for the occupation or profession shall
be incidental and secondary to the use of the dwelling for residential purposes.
.
2. The exterior appearance of the structure shall not be altered
forthe operation of the home occupation.
3. There shall be no outside storage or display of anything
related to the home occupation.
4. An accessory structure, including a garage, shall not be
used for a home occupation.
5. A permitted occupation, shall not result in noise, fumes,
traffic, lights, odor, excessive sewage or water use or garbage service, electrical, radio or
TV interference in a manner detrimental to the health, safety, enjoyment and general
welfare of the surrounding residential neighborhood.
6. No physical products shall be displayed or sold on the
premises except such that are incidental to the permitted home occupation.
7. No signs or symbols shall be displayed other than those
permitted for residential purposes.
8. Clients, deliveries and other business activity where persons
come to the home shall be limited to between the hours of 9 am and 9 pm. >
.
GOLDEN VALLEYCC
268
(6-30-04 )
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~. 11.21
9. No more than 20 percent of the gross floor area ofthe
dwelling shall be used for the home occupation.
10. Parking related to the home occupation shall be provided
only on the driveway of the property where the home occupation operates.
11. A home occupation shall not generate more than eight client
trips per day and serve no more than two clients or customers at a time.
12. There shall only be one outside employee allowed on the
premises at which a home occupation is located.
13. All other applicable City, State and Federal licenses, codes
and regulations shall be met.
B. The following uses are prohibited home occupations:
1. Repair, service, building, rebuilding or painting of autos,
trucks, boats and other vehicles.
2. Restaurants or cafes.
3. Animal hospital.
4. Veterinarian Clinic.
5. Funeral Home, mortuary or columbarium.
6. Medical/Dental clinic or similar.
7. Stable or kennel.
8. Repair and service of items that cannot be carried by one
person and repair and service of any item involving an internal combustion engine or
motor.
9. Retail sales.
10. Sale or repair of firearms.
Source: Ordinance No. 292, 2nd Series
Effective Date; 3-12..:04
GOLDEN VALLEY CC
268-1
(12-31-04)
.-,---..-."'~-----------
FRANK R. CAADARELi..F
(612) 941-3031
Land Surveyor
Eden Prairie, MN 55344
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211 I C, c:.yle Ave.. North
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Description:
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State Reg. No. 6508
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FRANK R. CAADAREL!..F
(612) 941-3031
Land Surveyor
Eden Prairie, MN 55344
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Qttttifitatt Sf i)utUty
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Book '14 :LPage k.~
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Survey For
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2B I (, ::.y le Ave. North
G,'l~;.: Valley. MN
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Frank R. Cardarelle
State Reg. No. 6508
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning CodeVafia':lce Application
. Application No.
Date Received
BZA Meeting Date
Amount Received ..
Street address of property involved in this application:
,'},fllO K-iLE /t:-VE ^' ~\fA.LL~Y
2.
~ \ C, i'"\-A-Ea L
Name
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Applicant:
~0 \ 0 ~LE 1HJG- Af,
Address
6"LP.Bvv~' IL111/ S>Y'~
City/State Zip
'"761::> -It-S~ r~ ffi '3 7 .f:)"-J r:;2:L. ~ '+4 ~
Business Phone Home Phone Cell Phone
t\-trt+- AW\vv'<V" ~ ~ ~~'\.\ l ' . GO VV\
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.
SeE A IFi4t:.~D
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.
~E rt TTA-'.rlJEj;)
5. To the best of my knowledge the statements found in this application are true and correct. I also
understalJd that unless construction of the action applicable to this variance request, if granted,
is not taken within one year, the variance expires.
· Milt]} ~-
Signature of Applicant
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:
. ~ . . 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.
l 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 theCfty Zoning Code. Please be aware of
any 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.
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Print Name ':; / :i,: ." , ,,;. /, ,
;.J \>
Comment
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Signature
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Print Name ~II{USEItI 1:7 U/ AlE
Comment , ) 1.7
Signature'~&~!aa/u j ~tU)
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eint Name
Comment
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Signature
Print Name
Comment UJl/~ lZ, iL1"hC'; (]c,vj7'kr
Signature
Print Name
Comment [,,1 JI//91t;l.t 17-) ,IVJlr~t:."" {!t.7,07'h:/-
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Address ~(~'f0! /\.'''7 e /1l., IV
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Print Name
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Signature
Address
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3. A Propose adding second garage stall to north side of existing single stall over/under
garages, not closer than 3' to north property line, as well as adding 4' to existing and
proposed stalls on west side of property not closer than 30' to west property line.
Will provide for a third bedroom on second floor of home.
B. Existing well pit(weII not in use and capped) on west side of home has full foundation to
basement. Propose adding sin.gle level foyer on existing foundation at front of home.
C. Propose adding single level addition to southwest comer of home approximate
13' x 12' dimensions. Not to be closer than 15' to south property line and not closer
than 30' to west property line.
4. A We have multiple vehicles and a boat and a single car garage. Having only a single car
garage has been an inconvenience and a hardship with parking and is unsightly for our
neighbors.
B. The well pit on the front (west) of our home has a concrete slab that is cracked and has
been patched numerous times but never fails to leak with each rain and heavy snow.
Adding the foyer here will eliminate this problem.
.
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