03-22-05 BZA Agenda
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Board of Zoning Appeals
Regular Meeting
Tuesday, March 22, 2005
7pm
7800 Golden Valley Road
Council Chambers
I.
Approval of Minutes - February 22, 2005
II.
The Petitions are:
1416 Brenner Pass (05-03-01)
Mark & Sheila LeGeros, Applicants
Request: Waiver from Section 11.21, Subd. 10(A)(3)(b) Side Yard Setbacks
. 1.5 ft. off the required 12.5 ft. to a distance of 11 ft. at its closest
point to the side yard property line for a kitchen, bedroom, study
addition.
Purpose: To allow for an addition to the existing house.
III. Other Business
IV. Adjournment
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
February 22, 2005 .
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
February 22, 2005 in the Council Chambers, 7800 Golden Valley Road, Golden Valley,
Minnesota. Chair Cera called the meeting to order at 7 pm.
Those present were Chair Cera, members Duff, McCarty and Sell and Planning
Commission Representative Waldhauser. Also present were Director 0 . g and
Development Mark Grimes and Administrative Assistant Lisa Wittma
I. Approval of Minutes - November 23, 2004
MOVED by Sell, seconded by Waldhauser and motion carrie
the November 23, 2004 minutes as submitted.
II. The Petitions are:
7101 Madison Avenue West (04-02-04)
Ace LabelS stems Inc. A lican
Request:
required 59 parking spaces for a total of
Purpose:
explained the applicant's proposed addition. He stated
struction as anticipated last year, therefore they are
iance that has already been granted. Grimes stated that
.nance in the process of being approved that would reduce the
or warehouse uses and would use the calculation of 1 space
et of storage space. Grimes said that he feels comfortable with
g available on the site.
t the new ordinance would then require them to have 50 spaces instead
of 40. xplained that right now there are 40 spaces on the site, they are required
to have 59 spaces and the new ordinance would require them to have 50 spaces.
Waldhauser asked if the new addition is just storage space. Grimes said there will be
about 20,000 square feettotal. Of that space, 5,800 square feet is office and 11,424
square feet is warehouse/manufacturing which includes mezzanine storage.
Cera asked how many employees they have. Grimes said they have approximately 25
employees.
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Minutes of the Golden Valley Board of Zoning Appeals
February 22,2005
Page 2
Cera asked if the space were to be used by someone else in the future if they would
need 49 parking spaces. Grimes said that the storage space could not be converted to
anything else.
Cera recommended that they grant the one-year extension and if they need more than
that, we would want them to come back with a new variance petition.
MOVED by Sell, seconded by Duff and motion carried unanimously to approve the
requested variance extension to February 22, 2006 with the condition t struction
has not started by then, the applicant would need to come back to th a new
variance petition.
III. Other Business
Waldhauser said there was some discussion at a receA
regarding Envision and initiating citizen groups to
Grimes said he would ask Jeanne Andre to com
Envision.
. IV. Adjournment
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See Large Size Plans and/or Survey in
Planning Department
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lIey
Planning
763.593.80951 763.593.8109 (fax)
Date:
March 14, 2005
To:
Golden Valley Board of Zoning Appeals
From:
Kristin A Gonzalez, Planning Intern
Subject:
1416 Brenner Pass, 55416 (05-03-01)
Mark & Sheila LeGeros, Applicant
Mark and Shelia LeGeros own the house and property at 1416 Brenner Pass. The applicant
is requesting a variance from Section 11.21, Subd. 10 (A)(3 )(b), Side Yard Setbacks, in order
to construct an addition to their home. The applicant intends to add an addition for a kitchen,
bedroom, and study. A survey was required to obtain information regarding the existing
structures on the property. The proposed addition to the house will bring it to within 11 feet of
the side property line.
The applicant states that the primary hardship as relates to the property is the location of the
house on the lot. The house is located in the northern part of the lot. It is noted by staff that
the property does fall off towards the south. The property owner is faced with significant
topographical differences between the northern and southern portions of the lot.
The project requires a variance from the following City Code:
· Section 11.21, Subd. 10 (A)(3)(b), Side Yard Setbacks. City Code states that the
required side yard setback shall be 12.5 feet for all lots having a width greater than 65 feet
and less than 100 feet. For this particular corner lot, the width is measured along Tyrol Trail
S. The requested variance is for 1.5 ft. off the required 12.5 ft. to a distance of 11 ft. at its
closest point to the side property line.
A review of the City file indicates that the house was built in 1940. In 1972, a garage and
porch additions were added. In 1995, the garage was expanded from a one stall to a two stall
garage, and variances were granted to make the structure conforming. 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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Application No.
Date Received
BZA Meeting Date
Amount Received
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Detailed description of b,uilding(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
u..n...d.....erst..a. n. d that. u nle s..s.... ..c on s..tru.c tion of the1ct.....o .nta..p... ! licable t, this variance request, if granted,
is not taken within one year, the variance ex es. /' f
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Signature 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.
Comments can contain language of agreeing with the project, objecting to the project or other
tatements regarding the project.
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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:
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.
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~ 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.
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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
At possible effect the granting of this variance could have on your property. You will also be
Weiving a written notice informing you of the time and place of the variance meeting.
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Date: February 22, 2005
To: City of Golden Valley
Board of Zoning Appeals (BZA)
From: Mark and Sheila LeGeros, Residence of Golden Valley, with address 1416
Brenner Pass, Golden Valley, MN 55416
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Subject: Zoning Code Variance Request ~l'::>J'""
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#3 Description: ~~
Our property at 1416 Brenner Pass, Golden Valley, MN is our pl" ary, welling
residence. We request a waiver of section 11.21 subdivision setback for the
purpose of building an addition. This would be a kitchen, bedroom and study addition to
the house. It would extend approximately \ft intothe exiting setback zone (see site plan
provided). Our property is situated on a corner lot and thus is su~ject to two adjacent
setbacks of 35ft. making it difficult to build additions and expand our home. According
city records, when the house was built, the builder probably used Brenner Pass as the
front yard, which caused the area to the north to be considered a side yard, which needed
a much smaller setback. City officials recalculated in 1995, that created an additional
front setback of 35 ft. from the South Tyrol Trail Street. We consulted several builders
and architects to conclude that feasible expansion at this time could be done to the rear
part of our house. A variance was granted by the city in 1995 and the previous owner
completed an addition for the same rear setback to the south end of the house. Weare
requesting an additional variance to the r~'Jetback at the north end of the house .
excluding the garage. This would make th~lr~ setback for this proposed project of 11
ft. from the existing 15 A ft. s;ck
#4 Undue hardship:
As mention earlier we have consulted some builders and architects to propose our only
feasible expansion proposal. According to city and state laws as we understand, we are
citing the following reasons and circumstances that create undue hardship for us to build
except in the purposed manner described earlier. We have an irregular corner lot with
two 35 ft. setbacks limiting the amount of space available for expansion. The steep slope
of the south portion of the lot does not allow for expansion. Our house is originally
situated in its 1940 state without adequate setbacks for expansion. . We believe that the
unique circumstances of our property constitute undue hardship and cause us to not be
able to have reasonable use of our property.
Sincerely,
Mark and Sheila LeGeros