07-26-05 BZA Agenda
e
e
e
Board of Zoning Appeals
Regular Meeting
Tuesday, July 26, 2005
7pm
7800 Golden Valley Road
Council Chambers
I.
Approval of Minutes - June 28, 2005
II.
The Petitions are:
209 Meadow Lane South (05-07-18)
James Mossbera. Applicant
Request: Waiver from Section 11.21, Subd. 10(A)(3)(b) Side Yard Setback
Requirements
. 4.8 ft. off the required 12.5 ft. to a distance of 7.7 ft. at its closest
point to the north side yard property line.
Purpose: To allow for a garage addition.
III. Other Business
A. Discuss memo from Mayor Loomis regarding revisions to City Code and
Council Guidelines Related to Boards and Commissions.
B. Envision Charge to Commissions
IV. Adjournment
Minutes ota Regular Meeting of the
Golden Valley Board of Zoning Appeals
.
June 28, 2005
A regular meeting of the Golden Valley Board of Zoning Appealswas held on Tuesday,
June 28, 2005 in the Council Chambers, 7800 Golden Valley Road, Golden Valley"
Minnesota. McCarty called the meeting to order at 7 pm.
a map and pointed out the subject property. He reminded the Board
r eived a variance last month to allow a home to be built into the front
a. He stated that the applicant is now proposing, to add an open front
porch to use plans which requires another variance. He showed the Board some
aerial photos and a survey of the property.
Sell asked if the variance request should really be for 4 feet off the required 20 feet to a
distance of 16 feet because the applicant was already granted a front yard variance to go
to 20 feet last month. Grimes stated that it is a question of semantics because the code
says that open front porches can be built 30 feet to the front yard property line.
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 - May 24, 2005
Waldhauser referred to the second sentence in the third para
asked that it be rewritten to clarify that the applicant's
property.
MOVED by Sell, seconded by Duff and motion
24, 2005 minutes with the above correctio
II. The Petitions are:
.
Request:
11.21, subd. 10(A)(1) Front Yard Setback
required 30 ft. to a distance of 16 ft. at its closest
e front yard property line.
w for the addition of a front porch.
.
Richard Brama, Builder for the Applicant, stated that he obtained the information
regarding open front porches being allowed to go 5 feet further into the front yard
setback.
McCarty asked the applicant why the front porch wasn't part of the first variance request.
Brama said it was his mistake. He said he thought that it was ok to build en front
porch five feet .into a front yard setback, but he didn't realize that that . d to the
35-foot front yard setback requirement.
said she doesn't think the
I have open sides.
Sell stated that this is a tough lot to work with and that there is
backyard space so this is where they are going to have thei!;
Waldhauser asked if the proposed front porch would
McCarty opened the public hearing. Seeing and
McCarty closed the public hearing.
.
Waldhauser said she thinks this proposal
front porch will make substantial visua .
Duff stated that he wanted to ma
property is the hardship in this
hardship, but in this case, th
e matic drop-off in the backofthe
erally not having a front porch is not a
e front so the porch is more important.
MOVED by Waldhauser,
the request for 14 ft. off th
front yard property I
hardship is the. eve
y ff and motion carried unanimously to approve
ed 30 ft. to a distance of 16 ft. at its closest point to the
the construction of an open front porch. The noted
lot.
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
Hanauer referred to a map and pointed out the subject property. He explained that the
applicant tore down his existing 16 x 20 deck and when he came to the City for a building
permit in orderto reconstruct it, in the same location, he was informed that he would
need a variance to rebuild the deck.
Minutes of the Gol(jen Valley Board of Zoning Appeals
June 28, 2005
Page 3
. He stated that two of the applicant's neighbors called the Planning Department and
expressed their support in granting this variance request.
Grimes said that this is a situation where the house would now be considered
conforming, butthe proposed new deck would not.
Paul Jaeger, Applicant, stated that he wants to replace his deck, which is in very bad
shape, in the exact same location. He said that in order to build the deck without a
variance he would need to move edging, rocks, shrubs and a sprinkler s . McCarty
said that answered his question of why the applicant couldn't shift the in order
to meet the setback requirements. He asked if the deck would line u e of
the house. Jaeger said yes, the deck would be flush with the ho
McCarty opened the public hearing. Seeing and hearing no
McCarty closed the public hearing.
pia ment of the deck
situated on the lot and
Waldhauser said that the proposal seems straight forw
is logical. She said she thinks the hardship is th
that the location of the house dictates where th
.
MOVED by Waldhauser, seconded by S
the request for 1.6 ft. off the required 1
the east side yard property line to all
hardship is the way the house is .
dunanimously to approve
f1 0.9 ft. at its closest point to
tion of a deck. The noted
1200 Orkla Drive
Daniel Make A
Request:
Section 11.21, Subd. 10(A)(1) Front Yard Setback
ft. off the required 35 ft. to a distance of 20 ft. at its closest
t to the front yard property line.
To allow for a garage addition.
Waiver from Section 11.21, Subd. 10(3)(b) Side Yard Setback
Requirements
· 2.5 ft. off the required 12.5 ft. to a distance of 10 ft. at its closest
point to the side yard property line.
.
Purpose: To allow for a deck addition.
Hanauer stated that the applicant is requesting two variances which would allow for the
construction of a new two stall garage, a deck and an addition to the existing home.
.
.
.
Minutes of the Golden Valley Board of Zoning Appeals
June 28, 2005
Page 4
He referred to a survey of the property and noted how the lot is an irregular, pie shape so
it was determined that the front yard property line runs along Orkla Drive and the other
two property lines are considered the side yard property lines.
Hanauer explained that the proposed garage addition would be located 20 feet from the
front property line and thatthe proposed home addition would be located 16 feet from the
east side yard property line and the proposed deck addition would be located 10 feet
from the east side yard property line.
Waldhauser clarified that the proposed new deck would be no closer
than the current garage. Hanauer said that is correct The existing a
away from the side yard property line and the proposed deck wo
the same side yard property line.
McCarty asked about the width of the proposed garage. Da
that the width of the proposed garage is 23 feet. Grim refe
that it shows the proposed garage being 26 feet wide.
builder about making the garage 23 x 23 feet. Gr'
variance request to allow the garage to be built
granted no matter how wide the garage is.
t, stated
ey and stated
the re talking to their
t the front yard
rtyline could still be
McCarty said he is concerned about w
variance request should now be din
request as stated and the applic
front yard property line.
rage will be located and if the
that the Board could approve the
o ke p the garage to within 20 feet to the
Sell stated that the way t
feet from the property lin
it would be hard to tell if the garage is 20 or 30
ould require that the garage be set further forward.
side yard variance worSe. He added that the proposal
lity standards. Makey added that he is proposing to
because it wilt make the site lines better. Sell stated that the
uld be much better from a visibility standpoint and that where
ocated is dangerous. Grimes agreed that the new location of the
afer. Sell added that the garage size is also minimal for a two stall
McCarty the applicant what he feels the hardship is with the lot Makey stated that
I
the shape of the lot and the single car garage are the hardships. He added that ifthis
were a rectangular lot he wouldn't need any variances.
McCarty opened the public hearing. Seeing and hearing no one wishing to comment, he
closed the public hearing.
Waldhauser stated that the need for a two car garage is obvious but that the variances
are quite large due in part to the size of the proposed home addition.
Minutes of the Golden Valley Board of Zoning Appeals
June 28,2005
Page 5
. Sell stated that in today's market this is a standard size home and he thinks the.applicant
is doing the best he can do with this lot. Duff added that he thinks there are multiple
hardships with this loland that he doesn't know what more the applicant's could do with
this lot.
MOVED by Sell, seconded by Waldhauser and motion carried unanimously to approve
the following variance requests. The noted hardship is the odd shaped lot and the need
for two garage stalls.
· 15 ft. off the required 35 ft. to a distance of 20 ft. at its closest po'
property line to allow for a garage addition.
7400 Western Avenue (05-05-17)
Bvron & Debra Wieberdink. Applicant
· 2.5 ft. off the required 12.5 ft. to a distance of 10ft. at its
yard property line to allow for a deck addition.
.
Request: Waiver from Section
Requirements
)(3)(a) Side Yard Setback
istance of 11 ft. at its closest point
operty line.
Purpose:
Request:
11.21, Subd. 10(A)(2) Rear Yard Setback
e required 25 ft. to a distance of 15.7 ft. at its closest
t to the rear yard (east) property line.
ow for the construction of a three season porch.
Waiver from Section 11.21, Subd. 10(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.
.
Hanauer stated that the. applicants are requesting two variances in order to construct a
three season porch and deck addition that would square off the northeast corner of their
existing deck. He stated that the applicant received a variance is 1997 to construct the
existing deck.
.
Byron Weiberdink, Applicant, referred to the neighboring property to
their concern is that the proposed porch doesn't go any closer to ir
the existing deck. He said that there is shrubbery between th ses n
even see their neighbor's house.
aid
than
y can't
Debra Weiberdink, Applicant, stated that when they r
the developer of that neighboring house that was fi h
are thrilled.
ariance it was
utthe neighbors
Mr. Weiberdink referred to the hardship of the I
large rear yard setback make the back y
neighborhood takes place in the front
that the corner lot and the
o all of the activity in the
Mrs. Weiberdink explained that t
corner of the deck and add wid
because her father lost bot
to the deck for him.
ou like to square off the northeast
he proposed three season porch is
o they want to be able to have access
McCarty asked if th
Weiberdink said he
build the hous no
ccess he deck now froni the existing door. Mrs.
ifficult with the angle of the door and that they didn't
, ther would be a double amputee in the future.
cess to the deck would be through the proposed three season
there would be a sliding glass door in the three season porch
ck.
red to the requested front yard variance. He said that he thinks that
ts may have changed when the street was redone. Sell explained that
there is Imately 10 to 12 feet of boulevard space that may have been affected by
the street reconstruction, but that it would not have changed the distance of the house to
the property line.
.
McCarty opened the public hearing. Seeing and hearing no one wishing to comment, he
closed the public hearing.
Sell said he doesn't see any problem in allowing the northeast corner of the deck to be
squared off.
.
.
.
Minutes of the Golden Valley Board of Zoning Appeals
June 28,2005
Page 7
He said he realizes that the original variance was granted for a deck and that this
proposal is for a three season porch but it is the same side yard setback so it doesn't
really make a difference. He said he thinks the City has some obligation to allow people
to utilize theirpropertyand as long as the three season porch stays in line withthe
existing deck he doesn't see any problem at all because there is nothing really changing.
Grimes stated that when the variance was originally approved in 1996 it was the
understanding that the setback line was established for an open deck. This is a three
season porch that could be heated and basically become a part of the h which is
different than an open deck. The setback line was established for an Sell
agreed and added that there is now a person who can't get out of t
McCarty referred to the existing access to the deck and state
cheaper for the applicants to put in a 6-foot wide patio door
wide door than to add-on just for the purpose of getting the f
said his other concern is that it is not just a deck they ext
space.
Mrs. Weiberdink explained that the three seaso
deck because they didn't want to go completely
McCarty opened the public hearing. Seei
closed the public hearing.
Id on e on a portion of the
original variance.
ne wishing to comment, he
McCarty suggested breaking the
on them individually.
equ sts apart and discussing and voting
MOVED by Sell, seconde
ft. off the required 15 ft.
property line to allo for t
r and motion carried unanimously to approve 4
o ft. at its closest point to the side yard (north)
struction of a deck.
aldhauser to grant 9.3 ft. off the required 25 ft. to a
oint to the rear yard (east) property line to allow for the
on porch.
see a hardship for the three season porch part ofthe proposal.
ainly add value and space to the house and would accommodate the
, uestioned if it is a hardship.
Duff sai an odd situation because there is a prior variance, but it is a variance for
what? He said it seems difficult to say that if the encroachment itself was previously ok
and at this date we would say that it is not ok because it is straight on the same line. He
said the distinction is that they're not dealing with only a deck they are dealing with
something different. He said they can't be in the minds of the people that approved the
original variance eight years ago to say if they would have approved a porch versus a
deck so it is difficult.
McCarty said he agreed that they don't know if this proposal would've have been granted
eight years ago, but the fact remains they have to make a decision now on this variance.
Minutes of the Golden Valley Board of Zoning Appeals
June 28, 2005
Page 8
.
Grimes stated that one thing that is different between now and eight years ago is that the
neighboring homes are now built. Sell said that this is a corner lot and it limits the amount
of home that can be built. He said the original request was for a deck, but he didn't think
he would have had a problem granting a variance for a three season porch .either
because this setback area seems to be more of a side yard, not a rear yard. He said it
seems to have gone back and forth over the years on what is considered the rear yard
and the side yard on a corner lot. Grimes clarified that the code does now state that the
narrower side is considered to be the rear yard lot line.
.
Waldhauser said she favors approving the variance request because'
some private space outside the home more accessible to everyone i
there is very little way they can use that space without a deck be
the property.
Duff stated that most of what they've heard he wouldn't cons
argument for handicap access is a significant new iss with
thinks the Board has an independent obligation to rea
which they are looking at a handicap access. He
no other reason that they found one before whe
the deck. .
. but the
. e said he
date situations in
guable hardship if for
ce was granted for
McCarty called for the vote. The vote
for 9.3 ft. off the required 25 .ft. to a
(east) property line to allow for th
Waldhauservoted yes. McCa
ranting the variance.request
at its closest point to the rear yard
ree season porch. Duff, Sell and
Grimes referred to the thi
be required because oft
be rounded up to th next
said that variance r
. er request and stated that a variance would not
to the code that allows existing dimensions to
umber (Section 11.02, Subd. 2) in order to conform. He
be removed from the agenda.
III.
mo they received from Mayor Loomis regarding revisions to
il Guidelines related to Boards and Commissions and asked
month's agenda for discussion.
The meeting was adjourned at 8:20 pm.
.
.
05-07 -18
209 Meadow lane South
.
James Mossberg, Applicant
.
.
.
.
Planning
763-593-8095/763-593-8109 (fax)
Date:
July 14, 2005
To:
Golden Valley Board of Zoning Appeals
From:
Kristin A Gonzalez, Planning Intern
Subject:
209 Meadow Lane South (05-07-18)
James Mossberg, Applicant
James Mossberg owns the house and property at 209 Meadow Lane South. 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 his home. The applicant intends to create a new garage on the
bottom and an addition to the upper level. 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 7.7 feet of the north side property line.
The applicant states that the primary hardship is the current unusable one stall garage. With
the propose design, the homeowner would not have to do anything with a concrete bearing
wall, nor would the construction affect an adult maple tree from potential root damage.
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. The requested variance is for 4.8 ft. off the' required 12.5 ft. to a
distance of 7.7 ft. at its closest point to the side property line.
"
A review of the City file indicates that'the house was built in 1961. No other major additions
have been made to the house since that time.
,Jl' ~
.
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
For Office. Use Only:
Application No.
Date Received
aZA Meeting Date
Amount Received
1. Street address of property involved in this application:
,10 1 (\;16A ()QLAJ. U-fN C ,SC')(JTt-(
2.
Applicant:
,JAIV1C s t1105S{SEi20
- . , ~. ' L ~
Name
&\.9-, - C(;;J. ,5 - 30b\h
Business Phone
cAlVe 500Tf1 I WilE/V Ull-LlEY) vV11V !~~'1i
, City/State/Zip' /
(bl~- ,d-.07 - u;37S
phone Cell Phone
~o q fV16A()C;uJ
Address
~j-' fY\o5sber,8@Y4Hf;O.CO~~
mair'Address . c'
't-
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.
By Ktlu rlITt(;, MY VAre'Tl-h~ i;r (AN I<E&P Ex ISTI!1/ty Cffi.(.Ie /
-. , ' .' -, " " , ' , ,v "-, " ',,' ~
C:g.lfI<IIlJ(;; _. L/VltLL +- N~ H4V& 10 OY\JOtJ3MjJ\f[: HOO~E A-S ./tI\UCH.
AlSO r HAV6A .!itRlJE mULl ~iAPLG-P(c;E. (jJH1ZH LA)oUEQ &
TN ' OAN(btft 0'1= {<COT DAvIV\A (be.. ".' , - ,r ~
4. A brief statement of the hardship which provides legal grounds for the granting of this VarldnCe
(see Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs,
or other evidence, if appropriate. -Ll _
ONe- STnLL-
r' I!I1IJ~ /I /J1If/zslttJle c:XrSTVV6,rtJA1A&;t;~-~) G?PT:,l+~;8 0 ' I(
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,ifgranted,
is not taken within one year, the variance expires. "
. . ,
6.
JAlf'\,!\/;3 ,1);1{)SS3G2&
Print Name of owner
If the applicant is not the owner of all property involved fn this application, please name the
owner of this property: /"7 if
, /1 ,/
,/' ,/ 1/ l /7
fiodefL--~. .
Variance Application Submittal:
The following information must be submitted by the application deadline to make a complete
~i/tion. 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.
!
t
~ 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 residenti ; $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
.y possible effect the granting ofthis variance could have on your property. You will also be
ceiving 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 proj~ct.,
Print Name \ If!. (1 r I (/ J'tt Ii J }1, ail
v - I'j I/t/ ! ,
0, L/ fL. ten '1/1 it/c)
.1 / /A \ ". f'.. f"
Signature L-/'!h~ {/Jete // /{\v CCtL1'I~ Address
v ~ -
~;l;J
;;;I-LU/>-j, ~'m1 p ~/
Signature ~~-u W P:A<M ~
,/ ../, /1 t/"
Print Name L /~ b1-r_- ( :VJ~rd~J
/)1/
l_.- t--
/ ~. ../
S,'gnature / ./ ~.~ 4/;'t<'ll/r;/i:~/l ~ff /27 J
l "."k~' 4;'>(,../I;r y-~- 'v'-/ V '-Lb~
Comment
Print Name
Comment
Comment
int Name
Comment
Signature
Print Name
Comment
Signature
111 ,5So. 17 le d J o,..() G
e./ 0 ( de 1'1 V~'L ({e.c.'.1' vvt~. ) I _
. . . . ...s-::; V..
k~ l/JS't:.. 11). ~:;;;h /Il-<; 0 IV t
)
Address il)Cj oAt" 1J!y.({ct.~,J .",Yl/}( I /
vYdliL% tI~.IJl2?t.. 5d-~ J (;
Address
I .:) ,-
tV I tV2.-V.JiJ.7-u,);V1J~ ~
'~ ~
I ,/"/ .. '. ? "
lJ;t4/yrJ@ cf!j' ...W\
?~~
jl)g.&;/~ ./
I1It~f &Ifdf
, '., .' ~'Ilt
/' lil/im ~_ ii<~7
Address~~~4 ~,~ ~
!k~~p.c4
Address
dOl ~fJiAJ-RCfAd ~ *
Print Name MotJ I C:+- LtD/C4C
Comment
Signature
Print Name
~mment
Signature
f)XA~ Address ,,'1(0 J1&J1aJL-<tt!:J
;1J} "I . N~ 7[) life y:;14El2z"j/TE IIJCY<TH . XS
/twi/(lb ()~ PI<OJecr. :r H4v'e. 4i/GeetJ · ~T F2~
,.. 3~r;ON.o' pt.Q:J/I.. f(/Jr1/5 (A~sfM 'vl{ Y GA-.JJI/ )-Irs
\.a \
\--
\~~'...\
.
.
.
.
.
.
.
t-
\.\.
'c' <:3
~
l,i_,;;._"h'-'.^'~-''''_.-.
^'1
tt'--'-J-D~1""""'"
! vAltA~t.
i OODI..
r~1 (bFT 1-r-r4l-1
i~
.~
i",^:
\--
~l
t"4'
chi
l
i
! '
i ,
II i
iLL'
',-.
!
I
i
\
I
I
. -
\-
Jl
'::f"--r.;
-~
-
1~~
<~,
""",,;::
~~:11
$'" ~~
...~ " '1:"13 ",'~~
~ .~~
r~ -;
t. r-. ~')
~-
~~
M'~
1: t"
-....
(
~
~
t'-
<::':I.
t'--.
~
\....\
~.
'""" '
u..
~
~
~--t< .... ........ .' i
~
::L.,
I - f;.~~v
!' t 0 -~._-_.~ ,:L
~
I:
/ &~
'~'d a::
,';>
~D'
!"-
(:l
'f\?
l~ I
- _>-.~. . I
... g_' .... .J
,
i
I
!l~~~. .;
.;;J ~ ,..-
,if
T>r~
..
t
i
I
~ \_.
i~
~D
!C"-
~."8: ~
S>,~.
/( ?
~
-<,
l./t'., -~-_.-
'<'c:~~~\
....':j
~
'J
~ ,,",
~ ~ \-
~. ~ ~
~~ ~ ~
~\' ~ S.
~ ~ \\\
,tv) ~ ""
~~ ~
)t~
"~~ -
/: i \,"-~ - .! d
~
~~~,'..,
,...)
~,
~
~R
C'\ H
'-J t-
,,"'~
~\J
~
~\.>J
E{~
~
';;,:J.,
~~
\ '
b) \~ .~
~U~
V\Vl
.9
~
~
-.&
\
~
"--,,.
\~
,)"J
"d
~,
'~
~
~',
r~
~
~
"'-
\.
'\,
.
I -- ..;.~r\
! .
i '
1m
f
-~
~
}
t
'<tl~~~~
~<~~~<~ :
~~ ~~i.,.{ i!
~~~i81~
~.:ot (9 ~
\~ -::? .c.' '
~,5,~,
r~Q~-
.~A
N5 "
Y) )..;<t~
\4;J
p6f\
",
'.
.'';".'''~~,
t!7~
'v\, ,"
9;;~
~f:
? ~,-
~~
~~
~~
.... i!"''-
~':j
I S' (.j
\\)
2~
.
I !
li O~
\f\~ ~.f
I, ~~
~'''t
I~ ~;~
-t
'-~...:>~~
I _ ~
1-,
~ !_~
& I;
I c:: I
i~
I I
I .
I i
11
Ii
!\)
i ...;.
!r
;<
I~
iJ
~
I
: !
I
~
, ,- ,. ....._----.
'1,4"
,\
I -
\
,.
I
I
I
I
KI
''1',:" ~',
I \-.u
';J
" d:-
I _ '>,t.,.
I
:,~
~
',..
<:::f-
~
i
I
i
I
--I
I
I
~I
8i
. <'
~~~
~~(J
<;..~~
.
!~
(,
\,1-
\1.
~
,
'2
j
rl
~
~
uJ
I
I
i
x
~
H
::z:
-Ul;
~
is::$
11
.
~
2
'j
-:2
.a
~. ~
'~ i
~~
.~~'J
~~
\l ~ ~. ~,
G\-\3~
U\l) II ~
:r: (J ~
t\) tv) ~
\-t'l ~ ~~
~ ..> ~
s::J ~ "',
~.~.~~
J'lN ~
'j -:) :~ ~
~~~~
~}t ~ '8
::::>>r-- / ~
~- ~ .."..
\-.t ~~ ~- 0)
, \ '..:..I:.d '
;~ ~
'~~~~) ,
~, \:-\, ' s" -::t.\
H\~' "-
\~-G~~
J\ q:. r\'i 0
~, ~<
xu.~
~CJ~~
;j\
~
~
Q
:!
!
i
j
j
~
J
~
D
'.
.
J\" Ii
C\) ,H
, '1\ I
,<. !~.I
G. !
N :~I
!~ '21
\,j ", i
~, I
I ' ,
. : !
[ !
I '
I !
I
! 1.1
0:-
($"
~
(
~
\
~
C
.
.
"--,
-......,
-
~
~
J
~
~
;:;
)-
'-.J.
''1
,~
~'
\l
~
...
!);.
\~~-- ~- ,+
'=1-..- - - ---r
~._- -.--!---
I ' I l ! i I
I
Ir~\ i ~~ ·
! '>.'. : ~'\-.\
jU ;? (\
.. f\ (j (v
() \'-,\ ~
IT.. ' - z
~ ,~
~
~ IlJ \,0
~ 1\.)
--:; ..~
l\ j ~.--
- '().
~ -=c
---; ~
1 _S 7
Z\
\l- Q :1
~
.~ <t
-4 .~
.4. J\'}
1,\\ ~
2: ~
\j //
ill ~
\Jl ~ D
..q-
.~ \"\
.
-~ 1!
I .
~.- ~. ,-_..
.
!~
'~
, I
i ~f
I I
i ~:
~
t':
1\0:
I
~-J
~
~
<t:.
I
.j
z)
~
:t
'1.\'
ll)
~.
, .
.; !
.l..-.
. ~ .
,
i
k
~
J).\}
~t
/
/
<
'-
s:L
:::>
n
I I
. ' 1----=1- I
\ /' .
""....- . I I
('---
~
~
-:::>
~
.
m~
l~ . <t
I I i ~ ":?
I I ! \; .-.).
I ~ i \;i
II : \-4~.
, ' -It '. ~
! !: ~~~:
~ i
--~
.-1 .~
IT -,,-~~
"
II
il
, I
.--~. I I
~.'~
I:>!<._
.- ..,...F;::" .
-ell\' .1
...--
:--- . !-- --I
\ I
!-
,~ 'f"
~ b
1 \ll
~ '~ ,
. :1
~ .dI
i ~
:i ~ .~.
4.~:r
~ ~.' 1
'd ~~. ~
UI :, _ .:'>
~ ~ lli ~
i .Uj I i
<0i
::;>,
;~: ,
'-J,
..\;,1
.... ....)1
--"
.,r!
: r4i
;.:.1\1 ·
:h :
!X '
i \ui
I
I ----r:
I
I
I
I
I
,
. ...
T
~........_~--.......
----.
. .
-
W
"'2 I
t
,...-'
~.~~._-y,.....// '.
-~
~
" .' ...---- ~
",~..<"-.---' .~.........
.' f." ,
------------ -- ~.._---
1,070fC ' /
.
,-:
IJ..
~
~"-~------
~.
"-.
1
r
,.-
))-
~
~.
------'--.
--~~....
~
.
.
~
J.~
~,
[
~
~
'\J
-- l:
\\ :
=- I
~
.
1
I-~I- , l:!-
~L____._ _I '
I
I
--:
I
rr-l- ---1-
'.. '. ~ ---.~I--
===.- -_::---- -
p ..t::::::::::TF ~ i _ :'
j I .;:I~ ~~
~~I--- ~~
"Z I:!
I ~~
J ,
~+- ~-,.,- I' 1 i~
i t. I In L I
~ L__ ~~- la ~
,.c! '- It!-'
" o,_pL_ I~ IL~ ~
'L___. ~~ '-1 ~ -~~ 01 I I . i ill I ~ t tJ;=q -- _ =- _
... -L'\\. ~ '=" 'I _
-- -- \g, l1\tll i I . _I --::i. ~/-I-
- ! I 1.1 I
::.:.. \3ifi .
' / i I
/' ~ I '
I _
"'- - - --:- -1. ~
' ~--1t' I ,
o , '"
~ - I! ::;:-~~/_ ~
' ~,...... ---ll . 1: ~
' I ~.. i v -h ~~. _ _' )- j
,~ ..~ i ~ i~ ~--". ~ I ~~
,1\.1. ~
~ ~ i' \, -- O,~:,+l .
1~~::>11 ~ I ,i 'Ol -li+,"
II , " ' -L .-\.:.1- _p- ,.
- ~ ~ .,q:~ ~<hl! "
.:-:- "'.jj: ,....""
! 1[<". :~.~.~ ~- ';~;:<I~~z1
L' ,,.+ 'll@~1
-.". """"'."e- '.i.l[ ':?'Z=}ij. .....&.. I ",
l' ...,. ".J. ~, ~, . .
. ,. .',0', __ _ ..
ij\
rr)
I
,
,
~ L.. ,i
:2 ~:
HII
~ZJ
~A
1:1 i
I
i ,
~
i 1\/
Jr-
tN' ~.
lZ
8r
N'V
lr; t.--
llitJ
I i I
i i
r
~
I I
-
~.
.~
2
..[,~
I
-- _u__.___ --= .1____
_s--i
n
- ~ _.--
,-
~-=-- ~ --
-]- I
I I ~ I
j L-I--t --I-
-1-.- -!-
1
''-}
.-"- ~
~<l '-.z ~:_ ,__/_
'--'G-q:
<;+ q ~ ~o
~ ~ -<t~ _
q ~ W"~ j
~t~ ~
\Y /~
~ ~ D
~.....,...
"..... !
.J. 11 It
~ = ...
.s- -:T ,.. j_
.,...:.
I ! i I
0t\
.. c~
or!
~z
\.9
.l-Ll
2'
.~.
--.J
,,\\ ~-
L\) '.'1
~:
..,..(....... : I
'Q~
~--~
.
~~
4~-- --
~C!S
. -.
I
f---'-l-
=l-I
I
~
-.
-1---1 ---I
I. _
I/'
I '"
"
-
-- -
-
-
- 1-
.
-
~
I
I
I
I
.J.j
....1
-
.~
...
: ~:
,*I~ J i' -'----- --
'j.I.~
~ .UJ
11~ Ii
I
- li ., .,
:.: ,,-...1 .... ,.
.
?? - zz-
11 I
~
L
.
l'
:--,;;:
1
",
.t.-.
,
.
,---....~-' . -=.'~- ~~-~ ,.
I
,
i I
II
I !
- I
I
I
I
I
I
I
I
610
I
i
'rf
'5-y'0
i TN HYD =896.80 NGVD
,1929 (PROVIDED BY
CITY ENG)
WI
Z
<(
--.J
3=
o
o
~l
L
I t<
.\ .
(~.
610
CERTIFICATE OF SURVEY
CONSTRUCTiON NOTES:
,. SOD TO BE PLACED ON DISTURBED
AREAS PROMPTLY AFTER FINAL
GRADING.
2 TOTAL DiSTURBED AREA: 1200:1:: SF,
S.L
L OT
A ~
. ,
I !
LOT AREA: 11,2501: S,F,
1.,j....E'"'.OU'..... A.....r-A "'''''''^ I .......
""II'"" f"\! .::> f"\c..: L~OV:J: '::>.r.
I (!NCL SHED)
i CVVERAGE: 26.5%
I PROPOSED ~UILDING AREA: 220 S.F.
. I TOTAL PROPOSED IMPERVIOUS AREA: 3130:1::
, TOTAL PROPjOSED COVERAGE: 27.8%
I '
I
1-ST
'.,,) WD-FRAME I ")
53.9 ~~... ~(~')-
A.I:!EA OF BllUMINOUS .
REMOVAl., REGRADING-...... APPARENT SI1UMINOUS DRI.'E lit.
'" REPLACEMENT. :;; " /<;:- RETAINING WALL ENCROACHMENT- ___..
'";.^.;' ", / ,~,~ ONTO ADJOIN~O NORTH ",
. -689.07' J01'E '1-150 n ./'?i
q 0 \-~b+~~__ .,' .4'"^~;7
_ ._ _ ,~___.. - _ --rr-.."*-
8iTUMiNOUS PAViNG ~ 'y 29.9
.'~~ .'. ".c~)t
. '?)>)r-='~f\~~R-5[-R"l~~---~\b;!.:=-~::i~=~:'~Q:~~<-
~. ,~ .~~
r ~~l, . --')j .
I,! 0 ,<\~. \;;t'5
~ . ,~~ -FJ ~ \
011 10. ~\ \ QJ).
,.,\" ~ '.,
gl "'" ,(\>
I.lJI ' '--. ""i:'::::::-..,
I W 53.~~ '~1-".., 'b
I lit c\Y "', ',;-j:l~./r' t"'
I ~f"'{:::__i:~~P I' i 1-0 T 12091
J - I ,'t ,..
o ,LL_.. c.'
I _~ ~I
I O' ,~.._.-
i 0
I
,,'1 Z
,'0'" I
.(y I
(~." I
--T ---:-f3AS-
i
I
I \<0
.1<i'RK-~l..L
t -----.
.1' 15.5:!:
, EB
i
I
I
I...!~,~)
f!.
;;
.,
0.,
._'(J
{..::v-
","
~.,
1-ST
WD-FRAME
FF=902.5:l:
~~
(~
~
~.
m
1
'"
r>~'
I
-c~)N (~--{,-
I
.~-'----.T....J
I
i
PORCH I
'" I
..-\. J
~'-:-_--
.... .v
57.2
to<
~.....'
Cy.)
r
~I
. I
lD'
~~
=1~
If-.O,::t-
]x
"'.....
'.'
'"
.n
~,
D" 56.6
........,;j------
saS.07' 30nE
'150.0
L OT
1 5
I PROPOSED STRUCTUR11 SHOWN
I ARE GENERAL REPRES NTATlONS
OF A PLAN PROVIDED Y CLIENT
tiD ARE NOT INTEND TO BE
MPLETE NOR ACCUR TE.
NSUL T ARCHITECTURfAL PLAN
FOR ANY AND ALL PROPOSED
DESIGN FEATURES, DIMENSIONS,
ETC.
MQIE; THIS SURVEY IS FOR THE SOLE BENEFIT OF THE
INDIVIDUALS, CORPORAllONS AND/OR PARllES NAMED lHEREON.
UNLESS OTHERWISE STATED,' SURVEY BASED UPON "NORMAL
AND ORDINARY" STANDARD OF CARE REQUIRED BY LAW.
MAXIMUM UABIUTY DOES NOT EXCEED 3 llME COST OF SURVEY
&: REPORT. EXCEPT IF INDICATED OTHERWISE.
"
~~~~~-
'..1..:2"
'!>:JADD BllUMINOUS
./c'<_ PAv1NG & RET. WALL
FOR lURN-A-ROUND
("\'b
_f'):f'
APPARENT AERIAL
UllUTY EASEMENT BY
USER -. "
---""'f.?I4!:.-I,H1Llf:t-___"
.S),
.0';-..1
~::.._--_...
I SHEIl I
, ,
, I
I I
L._,_.._,___-_.__J
@ 2005 SURVEY SPECIALISTS
REPRODUCTION PROHIBITED
A C C! !R'v'EY"u"'" U- c-ceOj'r'-II'C-lr\i.
rI"";-vV C. Lv",,1\ r J ...
LOT 16, BLOCK 2, GLENURB.AN, HENNEP!N COUNTY, MN
TITLE INFORMAT!ON PROV!DED BY CLIENT, AGENT OR COUNTY TAX
INFORMATION: NO TITLE RESEARCH CONDUCTED, UNLESS NOTED
6
It
II
~
I
I
N
\
~''h
--'-~9'''''~
..__1
"9HED
BEARING SYSTEM ASSUMED
..0
to
I'
SCALE IN FEET
L I I I I ,-~-, T-. I
o
",
,
I c. W
;,:: 7
" 0
"~: C\I
/'0
'J""'"'
"0
~O
~z
'j '" 'J'
.ty
Fp.-
\
\
20
LEGEND
X NAIL & OR SPIKE SET
. IRON MONUMENT FOUND
o IRON PIPE SET
A NAIL & OR SPIKE WI BRASS DISK SET
X95,O EXIST SPOT ELEVATION (ADD 800 FT)
VERTICAL DATUM NGVD1929 (PROV!DED BY CITY)
~ SUGGESTED GRADE
....SUGGESTED DRAINAGE FLOW
40
60
PROPERTY ADDRESS:
209 MEADOW LANE S
GOLDEN VALLEY, MN 55416
DAVE ALAN INC
616 Parkview Terrace
Golden Valley, MN 55416
(0) 612-925-3026 (F) 612-922-7559
(M) 612-272-9191
1423
~
SURVEY
SEEC1A1JSTS
. LAND SURVEYING . LAND DESCRlPllONS
. CONSTRUCllON STAKING . SUBDIVISION PLATS
TOlL FREE (877) 727-0171 fAX (320) 654-0171
CENlRAL IIN (320) 255-0171 P.O. BOX 414
NW IIEmO (763)249-0171 SAUK RAPIDS. IIN 56379
!
.
~
I
I
I
I
I
I
I
I
I
I
.
.'
.
alley
Memorandum
Mayor & City Council
763-593-8001/763-593-8109 (fax)
Date: May 1, 2005
To: City Council, Boards, Commissions, Foundation
From: Linda Looms, Mayor
Subject: Revisions to City Code and Council Guidelines Related to Boards and
Commissions
.
The City Council is in the process of making revisions to City Code and Council Guidelines
Related to Boards and Commissions. Attached you will find the proposed revisions, which the
Council will be adopting in June of this year. The Council has been discussing these revisions
for a few months. Asa courtesy the Council is forwarding the tinal draft to its Boards and
Commissions for review prior to formal Council consideration in June. The changes are
marked with underlining and strikrthorugh notation. Our main goal has been to provide clarity
and consistency. We wish to reinforce a more formal process for communicating with Boards
and Commissions which has been in place, but has not been uniformly followed.
On behalf of the Council I ask that each Board and Commission review this information and
have. its Chair contact me if there are questions or concerns. The Council would also like the
by-laws for each Board and Commission to be in conformance with the revised Code and
Guidelines. Please fit this into your agenda as time permits over the summer. The Council
would like to have all of the revised by-laws for its approval by September 1.
Thank you once again for your willingness to serve the community and assist the Council in
creating good public policy. I hope the process of reviewing the mission and by-laws of each
Board and Commission will improve communications with all who serve and thereby make
our service to the community more satisfying.
.
. UNDERSCORED OVERSTRIKED VERSION - 4-19-05 draft (Revised2)
SECTION 2~50. BOARDS AND COMMISSIONS GENERALLY. Except as
otherwise provided in a specific Section, all Boards and Commissions created by the
City Code shall be for the limited purpose of advising the Council with respect to a City
function or activity or to investigate research and evaluate issues identified bv the
Council. any. subject of interest to the City. As such, Boards and Commissions shall
function in an advisory capacity only.
.
.
Subdivision 1. Appointments. The terms of all Board and Commission members
shall be fixed and determined at the time of appointment. The Council shall appoint the
members of all Boards and Commissions and may fill vacancies for unexpired terms.
Members of Boards and Commissions shall serve until their successors are appointed
and qualify. Appointments shall be made bv the Council at its last meetinQ in April.
effective Mav 1. except for appointments to the Absentee Ballot CountinQ Board. which
will be appointed as needed from the roster of election iudQes approved bv the City
Council.
Subdivision 2. Staff Support. The City Manager shall appoint an administrative
person staff liaison to attend all meetings of Boards and Commissions and record the
meetinQs.
Subdivision 3. Attendance and Rules. Each Board and Commission shall
establish bv-Iaws. which must be reviewed and approved bv the Councileverv three
years. The Council has final authority reQardinQ all bv-Iaws. Boards and Commissions
shall follow Roberts Rules of Order unless alternative procedures are established in the
approved by-laws or in the City Code. A quorum shall be a simple majority of the
membership and all recommendations shall require a quorum. No member shall serve
as chair more than two years in a three-year period. If a member is unable to attend a
meetinQ. that member should contact the staff liaison. who will inform the chair if a
quorum cannot be attained and the meetinQ will be cancelled. The Council may
establish an attendance policv for members to remain in Qood standinQ.
Subdivision 4. Annual Report. Each Board and Commission shall provide a
written annual report outlininq its activities over the past year and proposed activities for
the upcominq year.
SECTION 2.51. PLANNING COMMISSION.
Subdivision 1. Establishment and Composition. A Planning
Commission is hereby established, composed of seven (7) members, who shall.serve
three-year staggered terms. Appointments shall be made by the Council at its last
meeting in February, effective March 1.
Subdivision 2. Duties and Responsibilities. It is the duty of the
Planning Commission to advise and make recommendations to the Council in all
matters relating to planning and growth of the City. , including, but not limited to:
Specificallv it shall:
.'
.
.
.
A. Develop and make recommendations to maintain, on an up-to-
date basis, the Comprehensive Plan of the City;
B. Develop and make recommendations to maintain, on an up-to-
date basis, the land use regulations needed to implement the Comprehensive Plan;
C. Develop and make recommendations for policies on other
matters relating to the social, economic and physical environment; and,
D. Advise and recommend such otherfunctions or procedures as
may be assigned to them by the City Code or the Council.
.
.
.
Adopted by the City Council- August 6,2001
Proposed changes circulated to boards and commissions, May 2005
CITY OF GOLDEN VALLEY
Guidelines for Advisory Commissions, Committ~es,
Boards and Councils
INTRODUCTION:
The City Council wishes to express its appreciation to the many citizens who take time
away from their personal and professional lives to serve the community through their
membership on the Council's advisory groups. Golden Valley has had a history of
extensive citizen involvement. At present approximately 60 advisory commission,
board, and committee members participate in providing specialized expertise so that
Council decisions can be made with more complete background and knowledge than
would otherwise be possible. The Council and the entire community benefit from this
invaluable service.
Golden Valley is a statutory city. The legislature established it as a city in the early
1970's. The State Statues provide: "In any such city, there shall be.. .no administrative
board or commission.. .the Council shall itself perform the duties and exercise the
powers and shall govern and administer the functions for which no independent boards
are authorized by statute. The Council, may, however, create boards or commissions to
advise the Council with respect to any municipal function or activity or to investigate any
subject of interest in the City." This Council, and others before it, recognizes the many
advantages to be gained from this approach.
The purpose of this document is to provide guidance to the Council's advisory
commissions. The Council is directly responsible for the actions of its advisory
commissions. It is hoped that through these guidelines the expectations of the Council,
with respect to its advisory commissions will be clearly understood and followed. The
Mayor and Council Members welcome any request for discussion or clarification of
information that is contained or thought appropriate to be contained in these guidelines.
The goals of the Council are better communication with its advisory commissions and
better service to the citizens of Golden Valley
CURRENT GOLDEN VALLEY STANDING COMMISSIONS AND BOARDS:
The Golden Valley City Council currently has four standing advisory commissions.
They are:
Environmental Commission
Human Rights Commission
Open Space and Recreation Commission
Planning Commission
There is one advisory foundation: Golden Valley Human Services Foundation
1
.
.
.
The Civil Service Commission is an independent commission that has absolute control
and supervision over the employment, promotion, discharge, and suspension of police
officers of the Public Safety Department.
The Board of Zoning Appeals hears requests for variances from the city zoning code
and makes final determination on all requests unless such requests are denied and
appealed to the City Council.
The Building Board of Review advises and assists administrative officers of the City on
building codes and the issuance of building permits.
Short term advisory committees are appointed as needed
Tho.3tt3ched These Guidelines for Advisory Commissions, Boards and Committees
apply to each of these groups as appropriate and as permitted by the laws and
ordinances which establish them.
I. LEGAL BASIS OF ADVISORY COMMISSIONS
As stated above the State Statutes govern the creation of Council advisory groups.
These groups are authorized to exercise all duties which the Council has legally
assigned to them. They are frequently authorized to conduct research invostig3tiohs
and make recommendations. It should be remembered, however, that advisory
commissions may not make decisions on behalf of the Council. In many cities, it is
routine practice for the Council to accept an advisory commission recommendation if
the commission has done a thorough and competent job. It must be emphasized,
however, that it is the Council's final decision on the matter and not simply the
commission recommendation which is effective to bind the municipality. No
recommendation of any advisory commission takes effect unless it has been adopted by
formal action of .the Council. These advisory commissions may be organized in any
manner deemed appropriate by the Council. The City Council may create and dissolve
them, appoint persons to serve on them, and exercise powers of general supervision
over them. A Planning Commission, however, must be established by ordinance and,
once established may be dissolved only by an ordinance, which passes, by 2/3 majority
vote of the Council.
II. OPEN MEETING LAW
All me~tings of all public bodies in Golden Valley must be open to the public. There can
be no such thing as a "closed", "private", or "executive" meeting or session. The only
exceptions that have been recognized in the past are certain disciplinary actions
conducted by the Police Civil Service Commission and some personnel. and legal
matters before the Council.
The Minnesota Statute. requiring City Council meetings to be open to the public has
been in existence for many years. A 1973 amendment and court decisions and rulings
by the Minnesota Attorney General have made commissions, subcommittees, and other
2
public bodies subject to the statute. Any person violating the open meeting requirement
. is subject to civil penalty.
Commissions and committees should be careful to observe the requirements of holding
all meetings in public places and posting notices of meeting dates and timeS at the City
Hall. Scheduling of meetings with the Manager's Office will help prevent conflict with
other groups over meeting times when public participation is particularly desired.
Commission, board, and committee meetings will not be held on designated legal
holidays or recognized religious holidays.
Any questions regarding the meaning or application of the Open Meeting Law should be
directed to the City Council. The Council will seek such advice from the City Attorney
as may be necessary.
III. COMMISSION ORGANIZATION AND PROCEDURES
A. Term of Office: Appointments to' commissions are made effective MayafGt:l1 of
each year. The length of each appointment is provided in the governing ordinance
or resolution and is designated by the Council at the time of the appointment. Each
permanent advisory commission should elect officers not later than its second
meeting after March May 1 in each year. The term of office should be one year,
unless otherwise specified by the Council, prior to each election. (Chairpersons of
. special committees shall be appointed by the Council.)
Voluntary resignations from a commission should be communicated by letter from
the person resigning to the Mayor.
B. Attendance: Absences in one year should not exceed three consecutive meetings
or more than 250/0-percent of the total meetings for the year. (25 percent of
meetings would be three meetings for Ggroups meeting once a month and six
meetinqs means three consecutive and three total. for Ggroups meeting twice a
month means three consecutive and six total. A standardized letter of warning will
be sent from the respective chair to any member after two consecutive and two total
for groups meeting once a month. For those meeting twice a month the letter would
be sent from the chair after two consecutive or five total. If a member exceeds the
allowable number of absences the Mayor will send a standardized letter stating the
member must step down because of the importance of regular attendance and the
number of citizens interested in serving.) If a Commission feels there are
extenuating circumstances in a case of a member who has not met the attendance
requirements, the Commission may send a letter to the Council explaining the
situation and request an exception.
C. By-Laws or Rules of Procedure: Each commission shall should propose By-Laws
or Rules of Procedure governing its work. Such proposed By-Laws or Rules of
Procedure should be submitted to the Council for pRaf review and approval prior to
implementation.
.
3
.
.
.
D. Orientation: It shall be the responsibility of the staff liaison ch~irporson to provide to
each new member as soon as possible after that member's appointment, a copyies
of the enablino ordinance for the board or commission and its current By-Laws or
Rules of Procedure, minutes of meetings of the last one year, these Guidelines, and
any other information necessary to orient~tion of new members. (Note: Council
Members who are liaison to a Commission will meet with the Chairperson and new
members as part of the orientation.)
E. Acting as a private citizen: A commission member testifying before the Council as
a private citizen should clearly note before testimony that he/she is testifvino as a
private citizen .not representing the advisory commission on '.vhich the person
serves.
F. Code of Ethics: Each commission member is subject to the terms of the existing
Code of Ethics ordinance, a copy of which is attached to these Guidelines. Each
person to whom the code applies is responsible to read and understand them. .
Questions regarding the meaning or application of the Code of Ethics should be
directed to the Council. If the opinion of the City Attorney is necessary or desirable,
the Council will so request.
G. Expenditures: Each Commission is authorized to incur those specific expenditures
included in its final budget, as adopted by the Council. Any other expenditures
require specific Council approval prior to the time the obligation is incurred. Council
approval is necessary prior to solicitation of fundinCl from outside sources for any
purpose.
H. Minutes: A person will be provided by the City to take minutes for the advisory
boards and commissions. All such minutes are matters of public record and shall be
kept at the City Hall. The unapproved minutes will be circulated to the City Council in
a timely manner to allow the Council to be informed on recent actions. The Council
will receive and file approved minutes at the next reClular Council Meetino followinCl
the approval of the minutes by the respective board or commission.
Minutes serve the dual function of making an historical record of commission
proceedings and of informing the Council regarding the commission's activities. The
minutes should, therefore, contain an accurate report of the sequence of events and
names of citizens who appear and are heard. In addition to the formal action of the
commission, a summary of the reasoning underlying such action should be included
in the minutes.
I. Staff Liaison: The Council has adopted a policy of providing a staff liaison for each
commission. The purpose of this policy is to provide direct information to each
commission regarding City policy and practices within its area of interest.
The City operates under the "Plan B City Manager" form of government, in which all
employees are hired and supervised by the City Manager, who in turn is responsible
to the Council. Neither the Council nor any commission member has the authority to
4
.
.
direct staff personnel. Any commission recommendations for modification of City
policy and practices should be directed to the Council.
J. Council Liaison(s): Each year. at its orqanizational meetinq, the Council... shall
assiqn one or more liaison to each Board or Commission. The Council Liaison(s) will
meet at least annuallv with the Board or Commission to which he or sheis<assiqned.
These meetinqs can serve as an informal means for the exchanoe of information
between the Council and the Board or Commission, but all formal communication
shall follow procedures as outlined in Section IV.
K. Subcommittees: From time to time, the Council may appoint subcommittees of
certain commissions in order that special attention be concentrated in specified
areas. At the same time, the Council also wants the opinion of the commission
regarding each subcommittee's recommendations.
Each subcommittee should submit any report or recommendations intended for the
Council, first to the Commission for review and comment. Such review and
comment should take place at the next regularly scheduled meeting of the
Commission. If it does not, the report or recommendation of the subcommittee shall
be forwarded to the Council without Commission consent.
.
The subcommittee report or recommendation, together with the commission's
comments, should be submitted to the Council at its next regularly scheduled
meeting. As in the case of commission presentations, a spokesperson for the
subcommittee should attend the Council meeting and be prepared to make a
presentation and answer questions.
The Commission is free to appoint subcommittees of their membership as the
commission sees a need.
IV. COMMUNICATIONS TO AND FROM COMMISSIONS
A. Council Requests to Commissions: From time to time, the Council will. refer items
to commissions for recommendation. The purpose of such a referral is to assist the
Council ingathering all pertinent facts and sharpening the issues. The request will
be referred to the commission in writing by the Mayor.
The Council would request a written report from each commission with regard to
each such referral. The report should set forth all the pertinent facts and detailed
recommendations from the commission. The report should be submitted to the
Council Secretary the Wednesday before the Council meeting so that it may be
included in the agenda.
.
Any time a commission report comes before the Council, one representative of the
commission should be present to make a presentation and answer questions. In the
event there is a difference of opinion on the commission, a minority report written by
the Commission may be presented in the same manner.
5
t
.
.
.
B.. Commission Requests to Council: Any commission request or recommendation
for Council action or legal opinion should be communicated by letter from the
chairperson to the Mayor, giving a full explanation of the background of the matter.
Along.with the letter, the commission should submit or refer to the pertinent portion
of its minutes on the subject.
The letter to the Mayor should be delivered to the Council Secretary on the
Wednesday before the Council meeting. A presentation for commission should be
made by a representative from the commission. A minority report may also be
presented.
C.Communications with those other than the City Council: Based upon past
experience, the Council believes that there is some potential for misunderstanding
regarding communications with persons and governmental units or agencies other
than the City Council of Golden Valley. It is essential that members of commissions
understand and observe appropriate policies and practices in this regard.
The essential principle involved is that the Council alone has the responsibility and
authority to' adopt the decisions, policies, and recommendations of the City of
Golden Valley. The Council values the opinions and advice of its commissions and
invites the communication of the same to the Council. The Council will take such
opinions and advice into account in formulating the City's official position.
This method of proceeding does not preclude a commission from gathering such
information as may be pertinent to its activities. Commissions are free, without prior
Council approval, to make inquiries and to give necessary background for such
inquiries, but careful consideration must be given that these communications cannot
be reasonably construed as statements of official City policy and opinion.
The matter of distribution of information to the public is one that is not capable of
specific rules of practice. In general, any such communication which purports to, or
has the effect of communicating an official City position or decision, should be
submitted to the Council for prior approval. Other types of communications, which
are purely informational and do no involve unresolved questions of City policy, may
be disseminated without prior Council approval.
6
.,
. ,.
, .,
BYLAWS OF THE BOARD OF ZONING APPEALS
CITY OF GOLDEN V ALLEY
REVtQ&-D
?:J'f llfwtj
"
^.~...
. Article I.
These Bylaws of the City of Golden Valley, Board of Zoning Appeals and adopted
by same, shall govern the conduct of its preceedings as provided for in Section
11.90, Subd. 4. IIBoard of Zoning Appealsll of the City Code, attached hereto as
Appendix I.
Article II. Officers and Staffing
1. The Chai rperson shall be elected by April of each year from and by the
members of the Board of Zoning Appeals.
2. The Director of Planning and Development of the City of Golden Valley or
his/her designee shall serve as staff liaison to the Board.
3. The staff liaison shall conduct and maintain all official correspondence,
subject to these rules, at the direction of the Board, inclUding all
noti ces requi red by these rules of procedure and Secti on 11.90 of the City
Code; mi nutes of the Board I s proceedi ngs; and fi 1 es on petitions for each
case which comes before the Board.
---
.
Article III. Meetings
1. A monthly agenda shall be prepared and mailed to each of the members of the
Board. Completed petitions must be received at least 12 working days
prior to the day of the meeting for which a hearing is scheduled.
2. A regular monthly meeting of the Board of Zoning Appeals for the hearing of
cases shall be held on the second Tuesday of each month at. 7 PM unless no
cases are pending.
3. Special meetings may be called by the Chairperson whenever he/she deems
the same expedient, and shall be so called whenever three members request
the same in writing. Each member and affected petitioner or property owner
shall be notified at least five (5) days previous to any Special Meeting,
of the time, place, and purpose of the same.
4. A majority of the membership of the Board shall constitute a quorum. In
case there shall be no quorum present on the day fixed for a regular or
special meeting, the members present may adjourn from time to time. until a
quorum be obtained,or shall adjourn said meeting sinedte.
Article IV. Conduct of Business
1. The meetings shall be called to order by the Chairperson or in his/her
absence, the immediate past Chairperson. In the event that both are
. absent, the staff liaison shall call the meeting to order for the business
. of electing a Chairperson Pro Tem.
2. The Roll shall be called at each meeting and a record made of those Board
members present and those absent.
(Revised 4/94)
..
.
7
.
.
. C't.
""( .1
Bylaws of the Golden Valley Board of Zoning Appeals
Page 2
3. The minutes of the previous meeting shall be submitted for approval and any
errors noted or corrections made shall be recorded~ after which~ the regu-
larorder of business shall be taken up~ provided that the reading of the
minutes may be dispensed with and the same approved if there are no
objections.
4. The further order of business~ unless otherwise ordered by the Board~ shall
be as follows~ and shall be shown on the agenda of each regular meeting.
a. Hearing of petitions or business carried from a previous meeting
b. Hearing of new petitions
c. Communications
d. Other business
e. Adjournment
5. The staff liaison shall prepare a written report on each petition submitted
to the Board, which shall become a part of the official record.
6. In conducting official business the Board shall:
a. Hear and deci de appeals only on matters provi ded for inSect ion 11. 90
Subd. 4.B of the City Code and M.S.A. 462.359 (4).
b. Hear and decide appeals only where the petition meets the specific
requirements of Section 11.90 Subd. 4.C~ IIProcedurell of the City Code
and only where notices as required by this Section have been provided
by the City.
7. The Board~ in dealing with any matter~ may require that the testimony to be
heard begi ven under oath; the oath to .be given by the Chai rperson of the
Board; the oath being that 1100 you swear that the testimony you are about
to give is thetruth~ the whole truth and nothing but he truth so help you
God?"
8. All petitions and evidence received by the Board shall be reviewed and con-
si dered~ and within a reasonable time the Board shall make its written
orders deciding the particular matter.
9. Where there is a question of procedure not specifically covered by these
Bylaws or City Ordi nances~ the Chairperson shall be guided by Robert I s
Rules of Order.
Article V. Records
1. All records of the Board shall be a public record.
2. The petition form referred to in the By-Laws and Section 11.90 of the City
Code shall be that officially adopted by the Board of Zoning Appeals.
3.. Each petition shall be given a number corresponding to the year~ month and
sequence in which it is accepted by the City staff.
(Revised 4/94)
..
" Bylaws of the Golden Valley Board of Zoning Appeals
Page 3
.
.
.
4. A map showing the location and number of each case shall be maintained by
the secretary.
5. A file of all materials (including surveys and petitions) .anddecisions
relating to each case shall be filed in the Inspections Department, in the
address files.
Article VI. Amendment Procedure
1. Suspension of the Rules. These rules of procedure may be suspended by
a majority of the members of the Board at any regular meeting.
2. Repeal or Amendment of the Rules. These rules may be amended or repealed
at any regular or special meeting subsequent to the meeting .when the same
is proposed, by a 2/3 vote of the entire Board.
(Revised 4/94)
.
.
.
.
..
. '
APPENDIX I
CITY CODE SECTION 11.90
Subd. 4. Board of Zoning Appeals. There is hereby created a Board
of Zoning Appeals which shall be organized, operated and have certain powers, as
follows:
A. Organization.
Source: Ordinance No. 583
Effective Date: 12-31-82
1. The Board of Zoning Appeals shall consist of five
members. All members of the Board shall serve a one-year term. During the
month of April the City Council shall appoint four of the members and two alter-
nate members. Either of the alternate members may serve in the absence of any
one of the members appointed by the Counci 1. TheVice-Chai rperson of the
Planning Commission shall be the fifth member of the Board, appointed each year
at the annual meeting of the Planning Commission. Any other member of the
Planning Cornmission may serve as an alternate member of the Board in the absence
of the Vice-Chairperson. The Board shall meet at least once a month if there
are any petitions pending for action.
Source: Ordinance No. 74, 2nd Series
Effective Date: 9-12-91
2. At such monthly meetings the Board shall conduct
hearings with respect to petitions then before it, and prior to said meetings
the Board shall give at least ten (10) days. written notice to petitioners and
abutting property owners with respect to petitions that are to be heard at such
meeti ngs. Any party may appear at such heari ng, whether in person or by agent
or attorney.
3. Within a reasonable time following a hearing, the Board
shall make its written Order deciding the particular matter and shall serve a
copy of the same upon the petitioner by depositing the same in the United States
mail, postage prepaid, to the last known address of the petitioner, as shown on
the petition.
4. The Board shall keep a written record of all of its pro-
ceedings, including minutes of its meetings, its findings and the action taken
on each matter heard by it including its final Order. The Board shall adopt
such further rules for the conduct of its proceedings as it shall deem
necessary, including rules governing the exact date of its meetings, the date by
which petitions must be filed to appear on the agenda of any particular meeting,
provisions for the conduct of the meeting including the matter of giving of
oaths to wi tnesses at the heari ngs, the manner in whi ch evi dence mi ght be pre-
sented at the hearings and provisions for the filing of written briefs by the
petitioner or other interested parties.
B. Powers. The Board of Zoning Appeals shall have the following
powers with respect to this Chapter:
GOLDEN VALLEY CC
294
(11-1-91 )
.
.
.
.
..
. .
9 11. 90
1. To decide appeals where it is alleged that an error has
been made in any Order, requirement, decision or determinationand/or interpre-
tati on made by a City admi ni strati ve offi cer in enforcement and admi ni strati on
of thi s .Chapter.
2. To hear requests for variances from the iiteral provi-
sions of this Chapter in instances where their strict enforcement would cause
undue hardshi p because of ci rcumstances uni que to the i ndi vi dua 1 property under
consideration, and to grant such variances only when it is demonstrated that
such acti ons wi 11 be in keepi ng with the spi rit and intent of thi sChapter. The
Board of Zoning Appeals may not permit as a variance any use that is not per-
mitted under this Chapter for property in the zone where the affected person's
land is located. The Board may impose conditions in the granting of variances
to insure compliance and protect adjacent properties.
3. To hear appeals filed with the Board pursuant to M.S.A.
462.359 (4).
Source: Ordinance No. 583
Effective Date: 12-31-82
4. When either the City, Hennepi n County or the State of
Mi nnesota creates or worsens a nonconforming setback or prevents or worsens
compliance with the applicable parking requirements by acquiring, a portion of a
lot for a public improvement, the lot owner shall be entitled as a matter of
right to obtain a variance for the nonconforming setback or parking condition so
created or worsened. This subparagraph shall apply only to acquisitions taking
place after June 1, 1992, and shall not apply to acquisitions taking place in
the normal course of the land subdivision (platting) process. Nothing contained
in this sub-paragraph shall be interpreted to lessen the requirement for a traf-
fic management plan contained in Section 11.56 of the City Code.
Source: Ordinance No. 89, 2nd Series
Effective Date: 5-21-92
C. Procedure.
1. Appeals to the Board of Zoning Appeals may be taken by
an affected person upon filing of a petition form with theZontng Administrator.
Such petitions shall be heard at the next regular monthly meeting of the Board
of Zoning Appeals, provided that such petitionsl~t be received by the Division
of Zoning and Inspection no later thantHel~ working days prior to the
meeting date for which a hearing could be scheduled. Failure to follow this
procedure shall result .in a delay of the hearing until the ne){tregular meeting
of the Board of Zoning Appeals. Each petition shall b.e comprised of a
Registered Land Survey locating all property lines, buildings, and streets along
with a completed petition form, provided by the City, and a filing fee as
prescribed in this Chapter. The petition form shall be completed insufficient
detail to clearly demonstrate the variance applied for or the administrative act
being appealed therefor, and shall set forth the reasons and justification cited
by the petitioner as grounds for granting the petition.
2. The Board of Zoning Appeals shall give written notice of
the time, place of hearing and nature of the appeal to all adjacent (abutting)
property owners and shall make its Order with respect to said appeal within
seventy (70) days from the date of the hearing thereon. Within thirty (30) days
GOLDEN VALLEY CC
295
(9-30-92)
&
, .
. .~.. 1 .
.
.
.
..
.. \..
~ 11. 90
of the final written Order of the Board any petitioner feeling aggrieved by the
decision of the Board may file a written appeal with the Zoning Administrator,
thereby appealing the decision of the Board of Zoning Appeals to the Council.
Therefore the Council shall, within thirty (30) days from the date of such
appea}, make its findings and determination with respect to the appeal and serve
a written report thereof upon the appellant by United States Mail. . If no appeal
is taken by the petitioner from the decision of the Board of Zoning Appeals in
the manner hereinabove provided, then the decision of the Board shall be final.
3. In those cases where the effect of the deCi sion of the
Board of Zoning Appeals is to grant a variance, the permission or license to
perform the acti on authori zed thereby shall 1 apse after the expi rati on of one
year following the date of service by mail of the Order granting the variance,
un}ess construction or other action is commenced within said one-year period in
accordance with the plans for which such variance was approved, or unless other-
wise specified in the Order granting the variance.
Source: Ordinance No. 583
Effective Date: 12-31-82
4. A variance granted by either the Board of Zoning Appeals
or the City Co'uncil shall vary the City Code only to the extent necessitated by
the application for variance and the conditions and circumstances in existence
at that time. If there is any change in the conditions, circumstances or pro-
posed construction contemplated at the time of the grant of the variance, the
owner shall apply for a new variance. Any subsequent construction or activity
shall requi re a new vari ance even though a pri or vari ance of a simil ar nature
had.been granted for the property.
Source: Ordinance No. 74, 2nd Series
Effective Date: 9-12-91
GOLDEN VALLEY CC
296
(9-30-92)
.
.
.
~
Charge to Golden
Valley Boards and
Commissions
OUR COMMUNITY TODAY AND TOMORROW
Each year we City Council members face the challenge of prioritizing our own
expansive aspirations for the community. and the last few years we have identified three
top goals to focus on. As citizen advisors to the Council, the Boards and Commissions
have an important role in that process.
At the January 25 joint meeting. the City Council addressed a number of issues with the
Boards and Commissions related to Envision and our long-term planning for the future
of the City. We would like to clarify the charge and address issues raised at the
meeting.
Relate the Mission of the Boards and Commissions to Envision
We recommend Boards and Commissions use the following process to identify issues
and prepare recommendations for the City Council.
· Start by reviewing the VISion Guide. The "How To Use This Guide" section on page
3 explains how the Guide is put together and how to best use it.
· Select the Envision categories that seem relevant to the work of your commission
and study the Category Summary and Supporting Themes for each.
. Inventory all of your current activities that meet the aspirations expressed in the
Category Summary and Supporting Themes. Then brainstorm if there are
additional issues not currently being addressed and should be. Keep in mind that
the Sample Ideas are just that; they are not what you are to focus on.
· Present all of this information to the City Council by September 23. The Council will
use your input in its long-term planning, including its goals for 2006 and the 2007
City budget. Your input may make our job even more difficult. with more issues to
consider, but it will benefit the long-term planning for the community.
The Envision Connection Project
At the joint meeting, the Council distributed a list of goal/project activities that Council
believes would enhance the community in ways consistent with Envision. None of these
activities made it to the final list of Council goals. but the Council hoped one of them
might appeal to a group of concerned Golden Valley residents. We are inviting the
Boards and Commissions to anoint themselves as such a group and spearhead an
effort on an activity related to your mission.
.
.
.
..
The Envision Connection Project exists not to carry out such activities, but to support
those who wish to do SQ. This could be by recruiting more volunteers, publicizing
events, and providing other tactical support. If one of these ideas appeals to you as an
individual, or to the whole membership of your Board or Commission, we invite you to
look into exploring next steps with the Connection Project Executive Board. If you want
to consider these ideas further, someone from the Connection Project can attend your
meeting to discuss how to proceed. The Connection Project is still feeling its way. Your
work could provide a prototype for how the Connection Project can work.
Improve Communication Between the City Council and Its Boards and
Commissions
In response to the request for more dialogue between the City Council and the Boards
and Commissions, the Council suggests the following:
· Review the agendas and minutes for all Boards and Commissions, which are
available on the City Web site.
· We will take some time at the annual Boards and Commission dinner to update
everyone on the current activities of each Board and Commission.
· We will hold an annual joint meeting will all of the Boards and Commissions to
present our goals and get feedback on the state of the city and. your work. The
Council may hold a joint meeting with an individual Board or Commission
regarding a specific issue as needed. You may wish to initiate such a meeti,ng to
consider the city approach and policies related to a specific Envision aspiration
and how the current City ordinances enhance or restrict it.
Charge to Golden Valley Boards and Commissions- Page 2