06-28-05 BZA Agenda
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Board of Zoning Appeals
Regular Meeting
Tuesday, June 28,2005
7pm
7800 Golden Valley Road
Council Chambers
I.
Approval of Minutes - May 24, 2005
II.
The Petitions are:
1500 Zealand Avenue N. (05-06-13)
Vince Brama, Applicant
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
. 14 ft. off the required 30 ft. to a distance of 16 ft. at its closest
point to the front yard property line.
Purpose: To allow for the addition of a front porch.
7004 Knoll Street (05-06-14)
Paul Jaeger, Applicant
Request: Waiver from Section 11.21, Subd. 10(A)(3)(b) Side Yard Setback
Requirements
. 1.6 ft. off the required 12.5 ft. to a distance of 10.9 ft. at its closest
point to the east side yard property line.
Purpose: To allow for the reconstruction of a deck
1200 Orkla Drive (05-06-15)
Daniel Makev, Applicant
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
. 15 ft. off the required 35 ft. to a distance of 20 ft. at its closest
point to the front yard property line.
Purpose: To allow for a garage addition.
Request: Waiver from Section 11.21, Subd. 10(3)(b) Side Yard Setback
Requirements
e
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. 2.5 ft. off the required 12.5 ft. to a distance of 10ft. at its closest
point to the side yard property line.
Purpose: To allow for a deck addition.
7400 Western Avenue (05~05~17)
Byron & Debra Wieberdink, Applicant
Request: Waiver from Section 11.21, Subd. 10(A)(3)(a) Side Yard Setback
Requirements
. 4 ft. off the required 15 ft. to a distance of 11 ft. at its closest point
to the side yard (north) property line.
Purpose: To allow for the reconstruction of a deck.
Request: Waiver from Section 11.21, Subd.10(A)(2) Rear Yard Setback
Requirements
. 9.3 ft. off the required 25 ft. to a distance of 15.7 ft. at its closest
point to the rear yard (east) property line.
Purpose: To allow for the construction of a three season porch.
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
. 0.2 ft. off the required 35 ft. to a distance of 34.8 ft. at its closest
point to the front yard (west) property line.
Purpose: To bring the existing house into conformance.
III. Other Business
IV. Adjournment
2
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
.
May 24, 2005
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
May 24, 2005 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, McCarty and Sell and Planning Commission
Representative Waldhauser. Also present were Director of Planning a opment
Mark Grimes, Planning Intern Aaron Hanauer and Administrative As t Lis
Wittman. Member Zinn was absent.
I. Approval of Minutes - April 26, 2005
MOVED by Sell, seconded by Waldhauser and motion carrie
the April 26, 2005 minutes as submitted.
II. The Petitions are:
117 Paisley Lane (05-05-12)
Robert Kolasa & Lois Lenarz A
Request:
. 3(A}(1} Front Yard Fence
the allowed 4 ft. height to a distance of 7.5 ft. at,
the front yard for the arbor gate. The fence
struct re is proposed to be 6.5 ft. at its highest point
construction of an arbor/fence in the front yard.
rd that this request was tabled from their last meeting. He
s changed his request from an 8 foot high fence to a 6.5 foot
t the noted hardship is the irregular shape of the property and
hboring property could put a 6 foot high fence on the same property
Sell agr the property does have an unusual shape and that theoretically this
proposed fence is in a front yard, but it "acts" more like a side yard.
Waldhauser asked how close the proposed fence would be to Paisley Lane. Sell said he
would guess that it is 50 feet from Paisley Lane. He said that this lot is unique and that
they also have a deer problem and that the applicant is going through a lot of trouble to
maintain this yard. He thinks this new proposal is a good compromise and thatthis is a
really questionable front yard. He said he would support this variance request.
.
Minutes of the Golden Valley Board of Zoning Appeals
May 24, 2005
Page 2
. Waldhauser asked if they still need to discuss the proposed pergola. Grimes said that he
discussed it with the Inspections Department and that pergolas are not considered
structures, however, they should still meet setback requirements.
Robert Kolasa, applicant, explained that when he originally talked to his designer they
were thinking that the fence structure had to be 8 feet high in order to keep the deer out.
Since then he has decided that 8 feet would be too high so he decided to scale it back to
the requested 6.5 feet. He showed the Board some pictures of his new proposal and
discussed the changes he made from his previous request. He reiterate t the current
fence ordinance doesn't address the type of fence/structure he is pro
.
McCarty asked the applicant if the reason he is proposing the 6.
the 6 foot height is so he would be able to stand under it. Kol
that the part that is 6.5 feet high is because of the grade an
proportional.
McCarty said he was concerned that if they grant this
want to build a 6.5 foot high fence in order to blo
wondered if the applicant's proposed fence cou
then the BZA would be granting him what he'd b
Kolasa said that the current ordinance
and that if anyone wanted to put up
have to get a variance. Waldhau
the garden is a garden structur
apply just to the fence part.
the fence to be 6.5 feet h'
hitectural garden structures
~hat is higher than 6 feet they would
er understanding that the archway into
. ht requirement of 4 or 6 feet would
at she hares McCarty's concern about allowing
McCarty said he do
does act more like
ardshipin this case even though the area in question
ard than a front yard.
still proposing the cabling between the fence posts.
like to have the cabling for trellising.
ic hearing. Seeing and hearing no one wishing to comment, he
aring.
she appreciates the work Mr. Kolasa has done but she is still concerned
g his request.
.
Duff stated that the City has a new fence ordinance and that the BZA has to be careful
about granting variances from it. He said he would like to see a more defined hardship
and the fact that the neighbor can have a 6 foot fence but the applicant can only have a 4
foot fence isn't a hardship, it's an oddity. He said that this property is on a cul-de-sac and
that there are all kinds of properties in Golden Valley that are odd shaped. He said he-
agrees that there is a deer problem and that the ambiguity of the code makes it hard
address the issue of garden architecture but he just doesn't see a hardship.
.
Minutes of the Golden Valley Board of Zoning Appeals
May 24, 2005
Page 3
McCarty asked Duff if he would think differently if the proposed fence were 6 feet high
instead of 6.5 feet. Duff said no because the hardship has not been articulated.
Sell stated that he doesn't think much thought was put into the fence ordinance regarding
6 feet versus 6.5 feet in height. He said the hardship in this case is not with the land but
with the placement of the house on the lot. He said Golden Valley is struggling to
maintain beauty and value and keeping people here so we need to do something to help
people. He added that he has never been afraid of granting a variance with the thought
that someone else might ask for the same thing. He said variances are t on a case-
by-case basis and this is an area that supports gardens.
.
Sell stated that he agrees that a gar
fences, such as the 20-foot high
MOVED by Sell and seconded by Waldhauser to approve the v
McCartyasked the applicant if he would like to table his req
for a full Board to be present.
Kolasa said that he has done everything he can do to
said he wants to go forward with the vote and if
project he wants to be able to design it how he
opportunity to address garden structures in the
property line fences and that he would b
nt and said that there are a lot of
higher than allowed by the code.
Waldhauser said that the 0
were to say that this is a
uld ap rove the variance request is if the Board
that has a pergola on top of it.
Duff said that he tho
structure is a fence.
points but they
Board does as
the new f
mination has been made by staff that the proposed
t the applicant and Sell have made many excellent
e said the problem he has is that he views what the
code when there is a hardship. He agreed that maybe
uld use some fine tuning.
e. The request to allow 3.5 ft. higher than the allowed 4 ft.
of 7 .5 ft. at its highest point in the front yard forthe arbor gate was
, cCarty and Waldhauser voted no. Sell voted yes.
3 nor Drive (05-05-09)
Peter Steichen. Applicant
Request:
Waiver from Section 11.21, Subd. 1 0(A)(3)(b) Side Yard Setbacks
.
. 8.7 ft. off the required 12.5 ft. to a distance of 3.8 ft. at its closest
point to the side yard property line for a garage addition.
Purpose:
To allow for the addition of a 2-stall garage.
Minutes of the Golden Valley Board of Zoning Appeals
May 24, 2005
Page 4
. Hanauer referred to a survey of the property and stated that there is a one-car garage
and a breezeway currently on the property located 5.8 feet from the side yard property
line. He explained that the applicant would like to tear down the existing garage and
breezeway and build a two-car gar:age located 3.8 feet from the side yard property line.
Waldhauser asked if staff suggested to the applicant that he make the new garage
narrower than the requested 22 feet.
.
Peter Steichen, applicant, stated that he has lived in this house for 5 ye
been broken into twice. He said he wants to eliminate the breezeway
dated and breezeways tend to collect junk. He referred to the widt 0
garage and stated that he really wants to have two single-car ga
one big door because it would fit in better with the time period
d it has
looks
d
of
Sell asked if the entryway into the house would be in the sa
breezeway entry. If so, a 22 foot wide garage makes se b
to be required in the new garage for a landing or ste
e existing
space is going
use.
McCarty asked if the neighbor to the east is ok
ok with it.
McCarty opened the public hearing. S
closed the public hearing.
one wishing to comment, he
Waldhauser said she understa
that is not a hardship.
appeal of having two garage doors but
Duff said he thinks the e
reasonable plan tha is co
supports the reque
rage stall is the hardship and that this is a
with other variances that have been granted so he
Idhauser and motion carried unanimously to approve
est: 8.7 ft. off the required 12.5 ft. to a distance of 3.8 ft. at its
d property line for a garage addition. The noted hardship is
currently has a one-stall garage.
Request:
Waiver from Section 11.21, Subd. 11(A)(1) Accessory Structure
location
.
. Detached accessory structures shall be located completely to the
rear of the principle structure. The waiver would allow the shed to
be built in the side yard.
Purpose:
To allow for the construction of a potting shed in the side yard.
Minutes of the Golden Valley Board of Zoning Appeals
May 24, 2005
Page 5
.
Hanauerreferred to a survey of the property and explained that the variance request is
for an 8 ft. x 12 ft. shed to be located in the side yard, rather than the required rear yard.
He showed the Board some pictures of the property and stated thatthe hardship is that
there are retaining walls and a fence in the rear yard that make it impossible to access
the backyard without walking around the entire house.
McCarty asked if the proposed shed would have footings. Grimes said no and explained
that if the proposed shed had footings it wouldn't require a variance.
Waldhauser said there is a need
and access to the back yard is
about different storage opti
in with the neighborhood
Troy Auth, applicant, stated that the primary reason he wants the she
where he is proposing it is because there is a severe slope on the ot
property and this is the only place they can put it. He said that th a
severe autism so they have to have a 5-foot high fence and it . at
of the property and their garage is only 19 feet wide. He sai
part of a total landscape plan and it will make the patio more
noticeable.
McCarty said his biggest concern is that it looks .
stated that 6 inches of concrete will be poured
.
McCarty opened the public hearing. Seei
closed the public hearing.
ne wishing to comment, he
it ap ears that the garage isn't an option
ked the applicant if they had thought
no be ause he wants the look of the shed to fit
Sell stated that ther
mes in Golden Valley that have sheds in the side yard.
Duff stated tha
yard. He said u
requests. a
charac .
case is the son's disability and the access to the back
eral statute cities are to accommodate reasonable
. h the nature of the lot, this proposal won't take away from the
od.
onded by Duff and motion carried unanimously to approve the
c 0 allow for a shed to be built in the side yard rather than the required
oted hardship is the fact that the applicant's son has a severe disability.
1500 Zealand Avenue North (05-05-11)
Vincent Brama, Applicant
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setbacks
. · 15 ft. off the required 35 ft. to a distance of 20 ft. at its closest
point to the front yard property line for the construction of a home.
;
Minutes of the Golden Valley Board of Zoning Appeals
May 24, 2005
Page 6
.
Purpose: To allow for the construction of a new home.
Hanauer referred to a survey of the property and explained thatthis same variance was
granted back in 1999. It has since lapsed and now the new owner of the property is
requesting the same variance in order to build a home. He noted that the hardship with
this lot is the steep slope.
Grimes stated that the lot to the north received essentially the same variance.
Waldhauser confirmed that this proposed house wouldn't be any closer front
property line than the existing house to the north. Grimes said that w
.
Rick Brama, builder for the project, representing the applicant, s
drawing of the front of the house. He stated that the foundatio
in size and the house will cost approximately $450,000 and
He added that if they move the proposed house back any fu
cliff.
Grimes noted that the applicant would also have
Inspections Departments regarding sewer, wate
code issues.
ngineering and
01 and any building
Waldhauser said she assumed that th
house on this lot with such a steep
houses on lots like this, but the e
of during the building permit pr
re not interested in building a
the City used to be scared about
erosl n control measures are taken care
McCarty opened the pub!"
closed the public hearin
'ng and hearing no one wishing to comment, he
e hardship scenario and they can't deny the
ded that the City already granted the same variance in
" by Waldhauser and motion carried unanimously to approve
the required 35 ft. to a distance of 20 ft. at its closest point to the
ine for the construction of a home. The noted hardship is the steep
III.
Sell referred to some of the survey's submitted with the applications at this meeting and
stated that he would like to see more details on the surveys.
.
IV. Adjournment
The meeting was adjourned at 8:25 pm.
.
05-06-13
1500 Zealand Ave. N.
.
Vince Brama
.
See Large Size Plans and/or Survey in
Planning Department
.
Planning
763-593-8095/763-593-8109 (fax)
Date:
June 21,2005
To:
Golden Valley Board of Zoning Appeals
From:
Aaron Hanauer, Planning Department Intern
Subject:
1500 Zealand Avenue North (05-06-13)
Vincent Brama, Applicant
Vince Brama is the buyer of the property at 1500 Zealand Avenue North. The applicant is
requesting one variance from Section 11.21, the Single Family Zoning District of the Zoning
Code. The applicant proposes to construct an open front porch. The proposed addition would
extend 14 feet into the front yard setback to a distance of 16 feet at its closest point. The
requested variance will allow for the construction of the porch.
. The applicant was granted a variance from Section 11.21, Subd. 10 (A)(1) Front Yard
Setbacks at the May 24, 2005 BZA meeting to allow for the construction of a single-family
home on the vacant lot which allows the home to extend 15 feet into the front yard setback to a
distance of 20 feet at its closest point.
.
The open front porch requires the following variance from City Code:
· Section 11.21, Subd. 10(A)(1), Front Yard Setbacks. City Code states the required
front yard setback shall be 35 feet from any front property line along a. street right-of-
way line. Open front porches, with no screens, may be built to within 30 feet of a front
property line along a street right-of-way line. The requested variance is for 14 feet off
the required 30 feet to a distance of 16 feet at its closest point to the front yard property
line.
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:
J5"OO ZeAL,,^,O ~I ao'-'~~ VA-LL~
2. Applicant: \}.'NLf!,.-(, -S~fi~ e.. &t'2AN\A CCt.c"3eA..)
Name
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Address
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City/State/Zip
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Business Phone
Home Phone
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.
,
(j(-'EjV S , ,".) e::..o I ('ouEl'\. ~~ FAo^","" Polt.C.. ... Eooc ~o r
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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.
I-
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Signature of App lcant
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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:
ko IJ J; r:~{7J1t~,-
Print Name of owner
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~ S gnature of owner
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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.
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:
Thjs 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
.eiving a written notice informing you of the time and place of the variance meeting.
I".c:.
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.
~66.~~#
Print Name
Comment
Signature
Print Name
Comment
Signature
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05-06-14
7004 Knoll Street
.
Paul Jaeger
.
.
.
.
Hey
Planning
763-593-8095/763-593-8109 (fax)
Date:
June 22, 2005
To:
Golden Valley Board of Zoning Appeals
From:
Aaron Hanauer, Planning Department Intern
Subject:
7004 Knoll Street (05-06-14)
Paul Jaeger, Applicant
Paul Jaeger owns the house and property at 7004 Knoll Street. The applicant is requesting
one variance from the Single Family Zoning District. The applicant proposes to reconstruct a
16 X 20 ft. deck, the same footprint as the former deck. The survey indicates that the
proposed deck would extend 1.6 ft into the side yard setback to a distance of 10.9 ft. at its
closest point. The requested variance will allow for the construction of the deck.
The project requires the following variance from City Code:
· Section 11.21, Subd.10(A)(3)(b), Side Yard Setbacks. City Code states 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 1.6 feet off the required 12.5 feet to a
distance of 10.9 feet at its closest point to the side yard property line.
A review of the City file indicates that the house was built in 1954.
GERALD T. COYNE
300 BRUNSWICK AVE. S.
GOLDEN VALLEY, MINN.
MINN. REG. NO. 47.'
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REGISTERED UNDER LA WSOF STATEOF MINNESOTA
LICENSED BY ORDINANCE OF CITY OF' MINNEAPOLIS
5H7 W. Broadway 533-9922
Minneapolis. Minnesota 55428
INDUSTRIAL - JUDICIAL
COMMERCIAL - TOPOGR,APHICAL
CITY LOTS - PLATTING
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RICHARD DEMPSEY
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DENOTES IRON,
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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 700iyolved in tmtion:S t.
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Applicant:
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 expire
6. If the applicant is not the owner of all property involved in this application, please name the
owner of this property:
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.
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 comer, 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
a 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.
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
statement~ regarding the project.
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05-06-15
1200 Orkla Drive
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Daniel Makey
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Planning
763;.593-8095/763-593-8109 (fax)
Date:
June 22, 2005
To:
Golden Valley Board of Zoning Appeals
From:
Aaron Hanauer, Planning Department Intern
Subject:
1200 Orkla Drive (05-06-15)
Daniel Makey, Applicant
Daniel Makey owns the house and property at 1200 Orkla Drive. The applicant is requesting
two variances from Section 11.21 Single Family Zoning District of the Zoning Code to allow for
the following constructions: two-car garage, deck and addition to the home. The proposed
two-car garage would consist of tearing down of a single-car garage and breezeway and
replacing with a two-car garage. The survey indicates that the existing home is 43.53 ft. from
the front property line at its closest point. .The proposed home and garage additions will
extend 15 ft. into the front yard setback to a distance of 20 ft. at its closest point. The
requested variance from Section 11.21, Subd.1 0 (A)(1) Front Yard Setbacks will allow for the
construction of the home and garage additions. The proposed deck would have a setback of
10 feet at its closest point and therefore extend 2.5 feet into the side yard setback. The
requested variance from Section 11.21, Subd. 10(3)(b), Side Yard Setbacks will allow for the
deck addition.
It was determined with this pie-shaped parcel that the front yard property line runs along Orkla
Drive and the other two property lines were side property lines. It was also determined with the
odd shape of the lot that the Side Yard Setback requirements fall under Sudb. 10(3)(b) (side
yard setback of 12.5 ft) and not Subd. 10(3)(a) (side yard setback of 15 ft.)
The project requires the following variance from City Code:
· Section 11.21, Subd. 10(A)(1), Front Yard Setbacks. City Code states 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 15 feet off the required 35 feet to a distance of
20 feet at its closest point to the front yard property line.
· Section 11.21, Subd. 10(3)(b), Side Yard Setbacks. City Code states the required
side yard setback for lots having a width greater than 65 feet and less than 100 feet, the
side yard set back shall be 12.5 feet. The requested variance is for 2.5 feet off the
required 12.5 feet to a distance of 10 feet at its closest point to the side yard property
line.
A review of the City file indicates that the house was built in 1954 and that no other additions
have been made to the house.
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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 aqdress 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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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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CERTIFICATION
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AS-BUILT
SURVEY
RESIDENCE FOFt
DAN MAKEY
1200 ORKLA.. DRIVE
GOLDEN VALLEY, MN
LEGEND
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STREET It.
ALIGNMENT
LEGAL DESCRIPTION
Lot 15, Block 1, GOLDEN OAKS
Hennepin County, Minnesoata
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SCALE 1"=30'
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GENERAL NOTES
1. All lot line Bearings are assumed.
2. No title work was furnished for the
preparation of this survey to verify
the legal description or the existence
of any easements or encumbrances.
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I hereby certify that this survey, plan 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.
ve(;:tc! . S ('Ii .~~ ~ e.y: Dated: ~31511 05-
VLADIMIR SIVRIVER, LS
MN Reg. No. 25105
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CERTIFICATION
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AS - BUILT
SURVEY
RESIDENCE FOR:
DAN MAKEY
1200 ORKLA DRIVE
GOLDEN VALLEY, MN
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ALIGNMENT
LEGAL DESCRIPTION
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Lot 15, Block 1, GOLDEN OAKS.
Hennepin County, Minnesoata
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GENERAL NOTES
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1. All lot line Bearings are assumed.
2. No title work was furnished for the
preparation of this survey to verify
the legal description or the existence
of any easements or encumbrances.
I hereby certify that this survey, plan 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.
\/eC{{/c..,~"I'~'viVf, Dated: ;J311f!)~
VLADIMIR SIVRIVER, LS'
MN Reg. No. 25105
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05-06-17
7400 Western Avenue
.
Byron & Debra Wieberdink
.
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Planning
763-593-8095/763-593-8109 ~fax)
Date:
June 22, 2005
To:
Golden Valley Board of Zoning Appeals
From:
Aaron Hanauer, Planning Department Intern
Subject:
7400 Western Avenue (05-05-17)
Byron & Debra Wieberdink, Applicants
Byron and Debra Wieberdink own the house and property at 7400 Western Avenue. They are
requesting two variance from Section 11.21, the Single Family Zoning District of the Zoning
Code. The applicant proposes to construct a three season porch and deck addition. The
proposed three season porch would be a southern addition to the current deck. The porch
would add approximately 11 ft and 1 in. to the deck. It would also extend 9.3 ft. into the rear
yard setback to a distance of 15.7 ft. at its closest point, which is the same setback distance as
the current deck.
The proposed deck addition would square off the northeast corner of the deck. The deck
corner would therefore extend 4 ft into the side yard setback to a distance of 11 ft. along the
side property line. This corner would also extend 9.3 ft. into the rear yard setback to a distance
of 15.7 ft along the rear property line.
The applicants received two variances from Section 11.21 on May 12, 1997 to construct the
existing deck. The Rear Yard Setback variance granted was 9 ft off the required 25 ft. The
Side Yard Setback variance granted was for 4 ft. off the required 15 ft.
The project requires the following variances from City Code:
· Section 11.21, Subd. 10(A)(2) Rear Yard Setback. City Code states that the required
rear setback shall be 20 percent of the lot depth. The depth of this parcel is 125 ft,
therefore the required rear setback is 25 feet. The requested variance is for 9.3 feet off
the required 25 feet to a distance of 15.7 feet at its closest point to the back yard
property line.
· Section 11.21, Subd. 10(A)(3)(a), Side Yard Setback. City Code states the required
side yard setback for lots having a width greater than 100 feet shall be 15 feet. The
requested variance is for 4 feet off the required 15 feet to a distance of 11 feet at its
closest point to the side yard property line.
A review of the City file indicates that the house was built in 1996 and that the current deck,
approved in 1997, was the only other addition to the home.
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:
14-D 0 \;Je0t BV Vt-fn/ vVllA e ) Go \. tlie V\- VO-- \ \ c1 ) ~ ~ .
2. Applicant: N~~VOVL- .;+~d 1&Vo W~io?VJi ",L
1400 vYt0ta ~ . -AJe.Vt\AL- GolJe~ 1",11"''-1 P\~ S9f2:j
Address. City/Stateliip
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Business Phone Home Phone Cell Phone
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E ail 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.
1)~\LILj,:-CO NE CDvvrev 0 .g.-t.(.?j-h lilP d.ec k:- Mtd ade-\
tL~71::>v-v)(\'wv~f-cl'-rI~/iil to d~ck- C soV+~,-e~pl )+he: ~a~rvl-c le~~/~'-;
whev-t e)Ci~tr~~7t-arVS Ctv<;: P7I1vI>\Tol. ~ vv.vU'tt\\k n
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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 appl" able to this variance request, if granted,
is not taken within one year, the variance~ .
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Golden Valley Variance
The lot is located on the NE corner of Western Avenue and Ridgeway Road. The corner
lot 35' setback supports safety and clear lines of site for street traffic; however, they
negatively impact buildable square feet. Our home is setback per Golden Valley
ordinances. We did choose to orientate the home to the year of the property for two
reasons:
1. Maintain the corner visibility with children in the neighborhood
2. Existing landscaping to support engineering draining concerns made the area
not usable for family activity.
Currently we have a variance for the existing deck on the east (defined as rear) side of
our home. The variance is necessary as the corner lot ordinance creates a 26' rear
setback, just 9 feet short of a corner lot requirement. The deck today extends 10 feet into
the 26' setback, maintaining a setback larger than the 15' side setback on the north
(defined as side) of our home.
We desire to convert 3' ofthe decks south side and add 10' more parallel to the home for
a 3 season_porch while maintaining the existing 16' (variance approved) setback on the
east side of our home.
Existing ordinances create a situation where the rear setback on our home is 65% large
than the side. Based on our lot orientation and existing ordinances we are only allowed
21 to 25% (2,700 sq. feet) of buildable space on a lot that is approximately 12,700 square
feet in size. Contrast that to a square lot that is 20% smaller (99' x 99') not orientated on
a corner.. Based on existing ordinances the lot has 33% (3,300 square feet) of buildable
space, with significantly less green space. Our request maintains the front visibility, does
not further encroach on the existing variance and leaves 70% green space.
Respectfully submitted,
!
Byron and Debra Wieberdink
6. If the applicant is not the owner of all property involved in this application, please name the
owner of this property:
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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.
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: $_~_25 - single family residential; $2~5 - 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
Clny possible effect the granting of thrs variance could have on your property. You will also be
eeiving 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.
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Comment
Signature
Print Name
Comment
Signature
int Name
Comment
Signature
Print Name
Comment
Signature
Print Name
Comment
Signature
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emment
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Established in 1962
INVOICE
F.B.NO.
SCALE:
NO. 71884
1007-41
1 " 20'
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA
7601 73rd Avenue North (763) 560-3093
Fax No. 560....3522
Minneapolis. Minnesota 55428
o Denotes Iron Monument
o Denotes Wood Hub Set
for excavation only
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BYRON WIEBERDINK
ill f'rtifi ra if'
xOOO.O Denotes Existing pevotion
(QO~~ Denotes Proposed Elevation
.. Denotes Surface Drainage
NOTE: Proposed grades are subject
to results of soil tests.
Proposed building information
must be checked with approved
building plan and development or
grading plan before excavation
and construction.
Property located in Section
32, Township 118, Range 21,
Hennepin County, Minnesota
Address:7400 Western Ave.
Proposed Top of Block
Proposed Garage Floor
Proposed Lowest Floor
Type of Building
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The only easements shown ore from plats of record or information
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We hereby certify that this is a true and. correct representation of
a survey of the boundaries of the above described land and the
location of all buildings and visible encroachments, if any, from or on
said land.
Surveyed by us this 9th day of June 2005.
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Charles F. Anderson, Minn. Reg. No. 21753 or
Gregory R. Prosch, Minn. Reg. No. 2499
The only easements shown are from plats of record or information
proviqed by client.
We hereby certify that this is a true, and correct representation of
a survey of the boundaries of the above described land and the
location of 011 buildings and visible encroachments, if any, from or on
said land.
Surveyed by LIS this 9th day of June 2005.
Rev' Drawn By :J..Al~
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Established in 1962
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA
7601 73rd Avenue North (763) 560~3093
Fax No. 560-.3522
INVOICE
F.B.NO.
SCALE:
NO. 71884
1007~41
1 " 20'
Minneapolis, Minnesota 55428
o Denotes Iron Monument
o Denotes Wood. Hub Set
for excavation only
g,ururynrz
BYRON WIEBERDINK
QIrrtifirutr
xOOO.O Denotes Existing Elevation
@O~~ Denotes Proposed Elevation
.. Denotes Surface Drainage
NOTE: Proposed grades ore subject
to results of soil tests. .
Proposed building informotion
must be checked with approved
building plan and development or
grading plan before excavation
and construction.
Property located in Section
32, Township 118, Range 21,
Hennepin County, Minnesota
Address:7400 Western Ave.
Proposed Top of Block
Proposed Garage Floor
Proposed Lowest Floor
Type of Building
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Charles F. Anderson, Minn. Reg. .No. 21753 or
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