09-27-05 BZA Agenda
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Board of Zoning Appeals
Regular Meeting
Tuesday, September 27,2005
7pm
7800 Golden Valley Road
Council Chambers
I.
Approval of Minutes - July 26, 2005
II.
The Petitions are:
611 Sumter Avenue South (05-09-19)
Lonnv Phernetton, Applicant
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
. 24 ft. off the required 35 ft. to a distance of 11 ft. at its closest
point to the north yard (front) property line.
Purpose:
To allow for a 3-season porch addition.
Request:
Waiver from Section 11.21, Subd.10(A)(1) Front Yard Setback
Requirements
. 30 ft. off the required 35 ft. to a distance of 5 ft. at its closest point
to the north yard (front) property line.
Purpose:
To bring the existing home into conformance.
4920 Normandy Place (05-09-20)
Peter Lenaah, Applicant
Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setback
Requirements
. 7.3 ft. off the required 35 ft. to a distance of 27.7 ft. at its closest
point to the south yard (front) property line.
Purpose: To allow for an open front porch addition.
1613 Independence Avenue N. (05-09-21)
Thomas Menard, Applicant
Request: Waiver from Section 11.21, Subd. 11(A)(1) Accessory Structure
Location Requirements
. The proposed garage would not be located wholly to the rear of
the principal structure as required.
Purpose: To allow for the construction of a garage.
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Request: Waiver from Section 11.21, Subd. 10(A)(3)(c) Side Yard Setback
Requirements
. 2.1 ft. off the required 6.1 ft. to a distance of 4 ft. at its closest
point to the north yard (side) property line.
Purpose: To allow for an addition on the northwest corner of the house.
Request: Waiver from Section 11.21, Subd. 10(0) Cornices and Eaves
Requirements
. .5 ft. off the allowed 3.6 ft. to a distance of 3 ft. at its closest point
to the north yard (side) property line.
Purpose: To allow the cornices and eaves on the northwest corner of the
house to go into the setback area.
Request: Waiver from Section 11.21, Subd. 10(A)(2) Rear Yard Setback
Requirements
. 17.46 ft. off the required 27.46 ft. to a distance of 10ft. at its
closest point to the west yard (rear) property line.
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Purpose: To allow for an addition on the northwest corner of the house.
Request: Waiver from Section 11.21, Subd. 10(A)(2) Rear Yard Setback
Requirements
. 18.46 ft. off the required 27.46 ft. to a distance of 9 ft. at its
closest point to the west yard (rear) property line.
Purpose: To allow for an addition on the south side of the house.
Request: Waiver from Section 11.21, Subd. 10(C) Structure Width
Requirements
. 2ft. off the required 22 ft. to a width of 20 ft.
Purpose: To allow for the existing home to be narrower than required.
3000 Noble Avenue North (05-09-22)
Christine Slater. Applicant
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Request: Waiver from Section 11.21, Subd. 1 O(A)(1) Front Yard Setback
Requirements
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. 11 ft. off the required 35 ft. to a distance of 24 ft. at its closest
point to the front yard property line along Elmdale Road
Purpose: To allow for an attached garage addition.
Request: Waiver from Section 11.21, Subd.10(A)(1) Front Yard Setback
Requirements
. 9 ft. off the required 35 ft. to a distance of 26 ft. at its closest point
to the front yard property line along Elmdale Road
Purpose: To allow for a kitchen "bump out" addition
Request: Waiver from Section 11.21, Subd.10(A)(1) Front Yard Setback
Requirements
. 13 ft. off the required 35 ft. to a distance of 22 ft. at its closest
point to the front yard property line along Elmdale Road
Purpose: To allow for an open front porch addition.
III. Other Business
IV. Adjournment
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
July 26, 2005
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
July 26, 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, Landis, McCarty and Sell and Pia
Commission Representative Waldhauser. Also present were Directo
Development Mark Grimes, Planning Intern Kristin Gonzalez and
Assistant Lisa Wittman.
I. Approval of Minutes - June 28, 2005
Waldhauser referred to page two, paragraph six a
the visual impact of the front porch be clarified.
MOVED by Sell, seconded by Waldhauser
the June 28, 2005 minutes with the abo
d unanimously to approve
II. The Petitions are:
209 Meadow Lane
James Mossber
Request:
Section 11.21, Subd. 10(A)(3)(b) Side Yard Setback
ft. off the required 12.5 ft. to a distance of 7.7 ft. at its closest
. t to the north side yard property line.
To allow for a garage addition.
ned that the applicant is proposing to add a second garage stall with
ve, onto his existing single stall garage. The proposed addition would be
et from the north side yard property line.
Waldhauser noted that the proposed second level addition looks like it is set in a small
amount above the first level. Gonzalez agreed and explained that the applicant is
planning on using the existing load bearing wall and that the proposed second level
addition does meet setback requirements, it is just the proposed new garage stall that
requires the variance.
Grimes noted that the applicant was not present and stated that the Board has heard
variance requests in the past without the applicant being present. Duff asked if there is
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Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2005
Page 2
any procedure for dismissing without prejudice or something along those lines. Grimes
said that one option would be to table the request until next month.
Duff said he would feel uncomfortable hearing from the neighbor who was present at the
meeting if the applicant is not present.
Grimes called the applicant to see if he was planning on attending this meeting. The
Board decided to have the applicant call in and talk to him via speakerphone.
James Mossberg, applicant (via speakerphone) stated that currently
garage on his tuck under home that has a 6 foot high garage door.
drives a van and it does not fit in the existing garage. He said he
two stall garage, coming in from the opposite side so he is 100
that. McCarty asked the applicant if he feels the hardship is
single stall garage with a 6 foot door. Mossberg said yes.
Grimes reiterated that the proposed second story add
requirements. Mossberg agreed and stated that .
about the house being so large next to his hous
looking down on his house. He stated that after
concerns he changed his plans by pullin
away from the property line and by tak'
house. He explained that the propos
the north because he is going to
properties, adding more green
garage.
ee e setback
north had concerns
ere c Id be windows
the neighbor about his
art of the addition back,
s that would look at his
. for both him and his neighbor to
e r Inage area between the two
the cars off his driveway and into the
Duff asked the applicant
application. Mossbe sta
driveway and that h
~
Duff asked the .
tree and tote
but the
I of the maple tree he referred to his
it is located about 20 feet (south) from the edge of the
void damaging it.
cted any other designs because of the location of the
maging it. Mossberg stated that he did consider other plans
rage even closer to the property line.
re is going to be room under the existing house to install a 7 foot
ossberg explained that the grade will be decreased a little bit where
will be so that it will fit properly.
Sell asked the applicant if he is proposing a 7 foot high door or a 6 foot, 6 inch door.
Mossberg said he is proposing a 7 foot high door.
McCarty opened the public hearing.
Todd Carsen, 201 Meadow Lane South, stated that he has concerns about this proposal
and that he has expressed some of his concerns to the applicant. He stated that he
moved from Minneapolis to Golden Valley 12 years ago and he loves his neighborhood
and the spaciousness of it. He said when he first heard about the applicant's proposal he
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Minutes of the Golden Valley Board of Zoning Appeals
July 26,2005
Page 3
was adamantly opposed to it and very upset because it would be much more imposing
than it currently is. He stated that the applicant's house sits higher than his and even now
when he looks out his bedroom window he sees the applicant's garage, main level and
an upper level so it is already almost a three story structure. He stated that he was told by
City Staff that the Board of Zoning Appeals has been lenient in granting variances to
allow second garage stalls into side yard setback areas. He asked if this is the City's
policy and said if it is, he might have to think differently about this proposal. He said he
bought his house with a one car garage knowing the city's setback requirements and the
applicant bought his house with a one stall garage knowing the city's se
requirements and there are a number of houses in their neighborhoo
garages. He stated that he has a list of things that he would like to
make sure that what the applicant has said is actually what hapR
McCarty explained that the City has had the view that a on
hardship but that applications still need to be reviewed on a
decisions are made.as a Board on whether or not to t pe
the case he hopes it is consistently done, because he
may want to expand someday too. He said he wi'tevat
and have the applicant say yes or no to them to ke s
project.
If, a
is and that
said if that is
sta arage that he
his list of concerns
tentions with this
Duff said that if the idea is for Mr. Cars
and wants the petitioner to agree wi
could somehow suggest that the
He explained that if the Board g
parameters. He said he did '
independently enforce a
ries of understands he has
, that could be misleading and
ound each particular concern laid out.
it will be within certain specific
e the i pression that the City will somehow
tered into by these two parties.
ance is granted it is granted based on the specific
. nce application. In this case an application has been
is going to be constructed and that is what the
that if an applicant would try and build something
t is approved by the Board, the Inspections Department
ot what the variance was granted for.
M
dis
is cle
of the m
variance.
en if the applicant's drawings represent what he and the applicant
aid he believes it does but he would still like to go over his list so he
at is being proposed. McCarty stated that his concerns would be a part
ut that they wouldn't necessarily be a condition of approval of the
Carsen said that he appreciates Mossberg's consideration and read his list of concerns
which are as follows:
1) The living. space part of the addition will conform to setback requirements.
2) There will be no windows on the north side of the addition and the garage space
facing his property.
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Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2005
Page 4
3) The living space of the addition will consist of a walk-in closet and a bathroom as
shown on the plans.
4) The roof over the garage will have a slanted roof so as not to have a deck or outdoor
living space on top of it.
S) The roof of the garage will have gutters installed for run-off and will be properly
positioned to direct water away.
6) The garage part of the addition will have siding, not just be cement block.
7) The existing asphalt driveway along the north and the east part of the addition will be
replaced with grass, including some portions of his property, in order ake the
swale between the two properties correct.
8) The existing asphalt driveway will be replaced and will be three e
property line.
9) The .existing retaining wall in the backyard is to remain a s
Grimes explained that as a part of the building permit proces
control permit will be required to ensure that there are adv
properties. He referred to Carsen's concerns about th
that the City doesn't have much control over chal
stated he was talking about the initial constructi" havin
submitted. He asked if the variance approval sa no win
means forever, or if someone could rip 0 d
that if someone applied for a permit in
wouldn't be able to if the variance is
erosion
n neighboring
the ition and stated
s in a house. Carsen
con to the plans
s on the north side if that
in a window. Sell stated
window on the north side they
indows as a condition.
McCarty asked Mossberg if he ~
Mossberg said yes and add
wall it will be cedar shake
show.
..d design addresses Carsen's concerns.
w ga~Jge addition will not be a concrete block
tated that he intends to do what his drawings
Sell stated that he i
comfortable wi this
complete and
hbor came to voice his concerns and that he is
ffeels that everything in the application packet is
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by Waldhauser and motion carried unanimously to approve
e required 12.5 ft. to a distance of 7.7 ft. at its closest point to
roperty line to allow for a garage addition. The noted hardship is the
t currently has a single-stall garage.
III.
A. Discuss memo from Mayor Loomis regarding revisions to City Code and
Council Guidelines Related to Boards and Commissions.
The Board discussed some of the various revisions to the City Code regarding Boards
and Commissions. McCarty asked if the proposed revisions were adopted in June as
stated in the Mayor's memo. Grimes stated that they haven't been adopted yet.
Duff stated that he doesn't see any problems with any of the proposed revisions.
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Minutes of the Golden Valley Board of Zoning Appeals
July 26,2005
Page 5
McCarty referred to the Board of Zoning Appeals by-laws and suggested that staff go
through them, update them and bring them back to the Board.
Duff asked how often they are supposed to review their by-laws. McCarty stated he
t~ought it was every three years. Waldhauser stated that she thinks it's common for
boards to review their by-laws once a Year.
B. Envision Charge to Commissions
Duff said when he thinks about Envision and how it appl.ies to the B
they are very tightly applying and assessing zoning ordinances. H s
one area the BZA may be able to comment on is when they see e
resistance to an ordinance such as the fence ordinance or in se 0
garages where most of the houses in a neighborhood may all ga es and
then every house would have a hardship. Grimes stated that ent changes
made to the zoning code were made as a result of the g nning
Commission with neighborhood concerns or things th anged.
Waldhauser explained that the Planning Commi
defined neighborhoods and then they could 0 t
them what they think, but that sounds lik
sense if the neighborhood had a vote.
covenants in place in Golden Valle~
ked out having well
rhood association and ask
and that would only make
ere are some private
Duff stated that he appreciated
said that he thinks there is s
article in the recent city newsletter and
disseminating zoning information.
McCarty stated that he t
looking for ways to po
port back to the Council that they are still
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Grimes sugges
Council about
granted.
comm
.r the Board reports back to Planning Commission or
v en throughout the year and the variances they've
aybe there is some way they could then report that to the
IV
s adjourned at 8 pm.
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05-09-19
611 Sumter Avenue South
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LonnyPhernetton, A.pplicant
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Planning
" 763-593-8095/ 763-593-8109 (fax)
Date:
September 27, 2005
Golden Valley Board. of Zoning Appeals
To:
From:
Kristin A Gonzalez, Planning Intern
Subject:
611 Sumter Ave.S.
LonnyPhernetton, Applicant
Lonny Phernetton owns the house and property at 611 Sumter Ave South. The. applicant is
requesting. two variance from Section.11.21, Subd. 10 (A)(1),. Front Yard Setback, in order to
construct a 3-seasonsporch off his home and bring the home into conformity. A survey was
required to obtain information regarding the existing structures on the property. The current
house is within 5 feet from the north property line and proposed 3-seasons porch addition to
the house will bring it to within 7 feet of the north side property line.
There has been a long standing issue of where the north property line is located. The. home
currently sits on lots 23 and 24, but the property once included lot 22. All three lots were
platted to be 50 feet along Sumter Ave. The property files show that in the early 1960's the
property was reviewed and the property actually had 137.8 ft along Sumter Ave, which would
bring the north property line 12.2ft south. Lot 22 is now separate from lot 23 and 24, and
has 50 feet along Sumter Ave,. which decreased Mr. Phernetton's property to 87.2 ft along
Sumter Ave. Because there was a conflict between what the City found and what the
property owner believed the lot size. was, the City decided to pay the owner for an easement
for the north 12.2 ftof lot 24. . The easement is for roadway purposes. This easement was
obtained within the last couple of years as part of the Laurel Ave improvements. This change
in the northern property line brings the home to 5 ft at it closest point to the roadway
easement. The City has a policy and considers a roadway easement the same as a street
right-ot-way.
The applicant mentions a few hardships with this property. The first is the .fact he liVes on a
corner lot and therefore has two front yard setback. The proposed porch would not stick out
farther then the current garage. Also, due to the layout of the house, this is the best and only
location for a 3-seasons porch. This is the side the door is on and on the other side is where
there is already existing windows.
The project requires a variance from the following City Code:
· Section 11.21, Subd. 10 (A)( 1), Front Yard Setback. City Code states that the required
tront yard setback shall be 35 feet from any tront property line along a street right-of-way
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line. The requested variance is for 30 ft. off the required 35 ft. to a distance of 5 ft. at its
closest point to the side property line.
· Section 11.21, Subd.10 (A}(1),Front Yard Setback. City Code states that the required
front yard setback shall be 35 feet from any front property line along a street right-of-way
line. The requested variance is for11 ft. off the required 35 ft. to.a distance of 24ft. at its
closest point to the side. property line.
A review of the City file indicates that the house was built in 1951. No other major additions
have been made to the house since that time.
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WE HERESY CERTIFY THAT ft.U a 18 A TRUE"ANO'CORRECT"LAT OFA SURVe:YSF
LOT8 22,' 23 AND 24, BLOCK " CoNFERANO E:,ncK8oN BOULEVARD GARDENS: A8SURVEYED
SYU.8 orHI829TH DAy 0,. AuIilV8T. '956. .
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City of Golden Valley
Board of Zoning Appeals (BZA)
Zoni'lgCode Variance Application
1. Street address of property involved in this application:
G /I 5 UYY\- -I- ~ y- 4\1 ~ ~D v-l- h
2. Applicant: L onrtf LPhe rYJ e Yon
Name I
(p II .5uWl kr At/~ .$GD rJen \Jo.II~" /t;r;hJ1 S"sY. ~
' Address '. i ..City!Slate/Zip .,
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Business Phone Home Phone
Cell Phone
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Detailed description of buildipg(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.
~ Pi!- Ci +4-mL hC!-d (3 ,<jeQ3on ~orchJ
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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.
5 ee Ci +-I-a ch eeL
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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. nat~PPlicant
, - t6. If the. applicant is not the owner of all property involved in this application, please name the
owner of this property:
.. .. L.""-l ph ~"I'\d-+ OVl.-
Print Nam of owner . .
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Variance Application Submittal:
Signatures of Surrounding Property Owners
Note to the variance appHcant:
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,. youy/i11 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 pr()pertyowner 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
tim.e and place 'of the BZA meeting.
Note to surrounding property owners:
This is an application by your neighbor for a variance from the City Zoning Code. Please be aware of
.At possible effect the g. ranting of this variance could have on your property. You will also be
~eiving a written notice informing you of the time and plate of the variance meetihg. .
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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 oth~r
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Comment
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11.1mN\~...~ Address
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Lonny L. Phemetton
611 Sumter Avenue South (Comer of Sumter and Laurel)
Golden Valley, Minnesota 55343
763-607-6365
City of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Septeniber29,2005
DearBoard of Zoning Appeals,
I am writing in order to attain a variance so I can build a 3-season porch on the back of my house. It is my
understanding that I cannot build within 35. feet of my property line without this variance. This was
brought to my attention when. trying to apply for a building permit.
Hardships:
1.) My fIrst hardship is that I live on a comer. Even though I have a large lot the porch would be within .
the 35-foot area. Given this fact,! still would not be building beyond a present structure (garage). (See
pictures)
2.) Another hardship is that I cannot build the other direction due to existing windows on both the upstairs
and basement, The door that exits to the back is also on the proposed porch side.
3.) There has also been someanibiguity over the property line created by the previous. owner. This.was
somewhat settled (whew!) during the Golden Valley Pavement Project but may still be part of the equation.
(See legal documents enclosed. Drainage, utility, roadway easement)
Sincerely,
Lonny L. Phemetton
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DRAINAGE, UTILITY, ROADWAY AND WALKWAY EASEMENT
This Easement granted this day of
single, ("Grantor") in favor of City of Golden Valley,
("Grantee") .
, 2004, by Lonny L. Phemetton,
a Minnesota. municipal corporation
WHEREAS,. Grantoristhe fee owner of certain real property legally described as:
Lots 23 and 24, Block l,.'Confer and Erickson's Boulevard Gardens", Hennepin
County, Minnesota.
WHEREAS, Grantor wishes to grant to Grantee a non-exclusive easement for the installation
and maintenance of drainage, utilities, roadway and walkway across a certain portion of the Servient
Property.
NOW, THEREFORE, Grantor, in consideration of One Dollar ($1.00) and other good and
valuable consideration, received from Grantee, does hereby agree as follows:
1. Grantor does hereby grant and convey unto Grantee, its successors and assigns a
permanent, non-exclusive and appurtenant easement for the installation and maintenance of drainage,
utilities, roadway and walkway across that portion of the Servient Property described as:
Commencing at a point in the West line of Lot 24, Block 1, Confer and
Erickson's Boulevard Gardens~ 87.8 f~et North of the Southwest comer of
Lot 23, Block I, Confer and Eiic~son's Boulevard Gardens, thence East to
a point in the East line of said Lot 24, distant 88.2 feet North of the
Southeast comer of said Lot 23, and the~e terminating.
2. Grantor hereby reserves unto himself, his heirs and assigns, the right to use the said
easement for other purposes not inconsistent with the rights granted to Grantee under this easement
agreement.
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3. Grantor will defend, indemnify and hold Grantee harmless from and against all
actions, causes of action , claims, costs, damages, expenses (including reasonable attorneys' fees and
expert and other fees and expenses), fines, judgments, liens, penalties, obligations, and suits arising
out of, relating to or resulting from Grantor's, his agents, representatives, licensees, and invitees, and
his successors and assigns use of the easement, except for the negligence or misconduct of Grantee,
its employees, board members, agents, representatives, licensees, and invitees, and its successors and
aSSIgns.
4. Grantee will defend,. indemnify and hold Grantor harmless from and against. all
actions, causes of action, claims, costs, damages, expenses (including reasonable attorneys' fees and
expert and other fees and expenses), fmes, judgments, liens, penalties, obligations, and suits arising
out of, relating to or resulting from Grantee's, its employees, agents, representatives, licensees, and
general public, and its successors and assigns use of this easement, except for the negligence or
misconduct of Grantor, his agents and/or invitees, and his successors and assigns.
5. Grantee agrees that it shall pay for the cost of the design. and installation. of the
sidewalk and retaining wall, including maintenance and snow removaL
6. . The.Grantor,his heirs, successors or assigns and the . Grantee from time to. time
will execute, acknowledge and deliver such further assurances of the Easementas 111aybe
necessary, convenient or desirable for the purposes of the clarifying, better locating, releasing or
further defining the nature, extent and location of the Easement.
[THE NEXTP AGE IS THE SIGNATUREP AGES TO BE EXECUTED IN COUNTERPARTS]
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IN WITNESS WHEREOF, Grantor has caused this Easement to be executed as of the date first
written above.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
} SS.
Lonny L. Phemetton
The foregoing instrument was acknowledged before me this _ day of
Lonny L. Phemetton, single, Grantor,
,2004, by
Notary Public
.'
.
.
IN WITNESS WHEREOF, Grantee has caused this Appurtenant EasemenUobe executed as ofthe
date first written above.
City of Golden Valley
By
Its Mayor
By
Its City Manager
STATE OF MINNESOTA
} ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this -'- dayof ,
2004, by Linda R. Loomis, the Mayor and Thomas D. Burt, City Manager of the City of Golden
Valley, . a Minnesota municipal. corporation on behalf of the corporation.
Notary Public
This instrument drafted by:
Best & Flanagan LLP (MVP)
4000 First Bank Place
601 Second Avenue South
Minneapolis, MN 55402-4331
~.
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Scheduling Construction
Preconstruction
o Obtain permits. ~\\ ~"-o
o Order materials with long delivery dates.
Foundation
o Prepare site.
o Dig holes and get inspection.
o Pour footings.
Completion of Shell (Exterior)
o
Ameriprise e
Financial
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05-09-20
4920 Normandy Place
.
Peter Lenagh, Applicant
,
.
"
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Planning
763-593-8095/ 763-593-8109 (fax)
Date:
September 27, 2005
To:
Golden Valley Board of Zoning Appeals
From:
Kristin A Gonzalez, Planning Intern
Subject:
4920 Normandy Place
Peter Lenagh,Applicant
Peter Lenagh owns the house and property at 4920 Normandy Place. The applicant is
requesting a variance from Section 11.21, Subd. 10 (A)(1), Front Yard Setback, in order to
construct an open front porch addition. A survey was required to obtain information regarding
the existing structures on the property.
.
The proposed open front porch addition to the house will bring it to within 27.7 feet of the
north side property line. The code also states that an owner can build an open front porch 30
feet from the property line. With that, Mr. Lenagh's proposed design would be 2.3 feet over
that exception.
The applicant states that his hardship is the fact the house is 33.8 feet from the property line.
Mr. Lenagh states that because of this, he cannot build a front porch.
The existing garage was built in 1950 and is located 4.6 feet from both the side and rear yard
property lines. The Code allows accessory structures that were built before 1982 to be
located no closer than three feet of the rear and side yard property lines.
The project requires a variance from the following City Code:
· Section 11.21, Subd. 10 (A)(1), Front Yard Setbacks. City Code states that the required
front yard setback shall be 35 feet from any front property line along a street right-of-way
line. The requested variance is for 7.3 ft. off the required 35 ft. to a distance of 27.7 ft. at its
closest point to the side property line.
. .
A review of the City file indicates thatthe house was built in 1948. The property has had a few
additions over the years. In 1950, a garage was constructed in the back left part of the lot.
Then in 1960, the owner added on a family room and bath. Another addition, meant to be a
family room, was added in 1970.. No other major additions have been made to the house since
. that time.
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Design I Quality
DAVID SCHWEICH CONST.
21716 KENRICK AVE.
LAKEVILLE, MN. 55044
PHONE: (952)469-3222
FAX: (952)469-3920
L1C.# 20262622
www.bruce@david$chweichconstruction.com
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PLANS FOR: I
Peter Lenagh I
4920 Normandy Place II
Golden Valley, MN 55422 ; I'
763-529-6047 . ---l ,
IP- 51 i
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Service
Trust
David Schweich Cpnst assumes n9
respoosibility fur structural pr dimnsiooal ermrs
()f omissioos. The cpntractur and I or h9fn&
owner must verify and check all notes.
dimenskms. detailS. elevations. sectioos and
ncor plans prior to the start 01 coostruclion and
be respoosible for the same.
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Design 1 Quality
DAVID SCHWEICH CaNST.
21716 KENRICK AVE..
LAKEVILLE, MN. 55044
PHONE: (952)469-3222
FAX: (952)469-3920
L1C.# 20262622
Service
Trust
Date: 06120/05
David Schweich Const assumes no
responsibility for structural or dimnsional errors
or omissions. The contractor and I or home
owner must verify and check all notes.
dimensions. details. elevations. sections and
floor plans prior to the start of construction and
be responsible for the same.
PLANS FOR:
Peter Lenagh
4920 Normandy Place
Golden Valley, MN 55422
763-529-6047
ININ'N. bruce@davidschweichconstruction.com
P- 4
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1. Street address of property involved in this application:
4920 Normandy Place
2. Applicant: Peter Lenaah
Name
4920 NormandY Place Golden Valley. MN 55422-3003
Address City/State/Zip
Business Phone
763-529-6047
Home Phone
763-670-6048
Cell Phone
Email Address
PeterLenaah@comcast.net
3. Detailed description of building(s), addition(s), and alteration(s) involved in this petition. The site
plans and drawings submitted with this petition will be the basis of any variance that may be
approved and cannot be changed before or after the building permit is issued.
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4. A brief statement of the hardship which provides legal grounds for the granting of this variance
(see Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs,
or other evidence, if appropriate.
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5. To the best of my knowledge the statements found in this application are true and correct. I also
understand that unless construction of the action applicable to this variance request, if granted,
is not taken within one year, the variance expires.
.
"
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.
rintName E-f~C;' 6uJel\ Ct>^7~M ~ u S
Comment
Signature
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CERT/FICATE.OF SURVEY
Survey for: PETER LENAGH
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DESCRIPTION: Lot 7 & Easterly 200 feet of Lot 8u SIock 7, WOODLAWN PARK
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I hereby certify that this survey was prepared by me or under my direct supervision, and that I om 0
registered land surveyor under the lows of the State of Minne a. Doted ..~.l~~a;,{; _AugUst, 2005.
~;;~~~N. INC. .r:: R,j,.t.~-:~~~: /
Tele. No. (952) 888-2084 Minnesota License No. 9018
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NORMANDY
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05-09-21
1613 Independence Avenue North
.
Thomas Menard, Applicant
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Planning
763..593-8095/ 763-593-8109 (fax)
Date:
September 27,.2005
To:
Golden Valley Board of Zoning Appeals
From:
Kristin A Gonzalez, Planning Intern
Subject:
1613 Independence Avenue N.
Thomas Menard, Applicant
Thomas Menard owns the house and property at 1613 Independence Avenue N. The
applicant is requesting several variances for home additions and a new garage. The
variances are from Section 11.21, Subd. 11 (A)(1), Accessory Structure Location; Section
11.21, Subd. 10 (A)(3)(c), Side Yard Setback; Section 11.21, Subd. 10 (D) Cornices and
Eaves; Section 11.21, Subd. 10 (A)(2), Rear Yard Set Back; Section 11.21, Subd.1 O(C)
Structure Width and Section 11.21, Subd. 10 (A)(2) , Rear Yard Setback. A survey was
required to obtain information regarding the existing structures on the property.
The proposed location of the garage would be located in front bf the house. The applicant is
requesting a variance from the accessory structure location guidelines. The applicant is also
proposing two additions to the home. Because of the current location of the home, both
additions would need variances. The first addition is to bump out the northwest corner of the
house, no farther then the current exterior walls. This will bring the structure within 4 ft. of the
side yard property line, within 10ft. ofthe rear yard property line, and with the cornices and
eaves it would bring the structure within 3 ft. from the property line. The other proposed
addition is to the south side of the house, and would bring the structure within 9 ft. of the rear
property line.
The existing house is14 ft. wide. After the proposed bump but of the northwest corner of the
house is constructed the home will be 18 ft. wide. The zoning code requires homes in the R-1
zoning district to be at least 22 ft. in width therefore a variance is required.
The applicant states that his hardship is the placement of the house. The home is currently 2
ft. too close to the north lot line and 17 feet too close to the west lot line. He also states the
home has no garage now.
The project requires variances from the following City Code requirements:
· Section 11.21, Subd. 11 (A)(1), Accessory Structure Location. City Code states a
detached accessory structure shall be located completely to the rear of the principal
structure, unless it is built with frost footings. In that case, an accessory structure may be
built no closer to the front setback as the principal structure.
-1 .'
.
.
.
If an addition is built on to an existing principal structure that would create a situation where
an existing garage or accessory structure would not be completely to the rear of the
addition to the principal structure, the addition to the principal structure may be built and the
existing garage or accessory structure may remain and be considered conforming as long
as there is at least 10 feet of separation between the existing principal structure with the
addition and the existing garage or accessory structure. Additions may be made to the
existing garage or accessory structure as long as the 10 feet of separation can be met. The
requested variance is because the proposed garage would not be located wholly to the rear
of the principal structure as required.
, ,
· Section 11.21, Subd. 10 (A)(3)(c), Side Yard Setback. City Code states that in the case
of lots having a width of 65 feet or less, the North or West side yard setback shall be 10
percent of the lot width, and the South or East side yard setback shall be 20 percent of the
lot width (up to 12.5 feet). The requested variance is for 2.1 ft. off the required 6.1 ft. to a
distance of 4 ft. at its closest point to the north yard side property line.
· Section 11.21, Subd. 10 (D) Cornices and Eaves. City Code states that cornices and
eaves may not project more than 30 inches into a required setback. The requested
variance is for .5 ft. off the required 3.6 ft. to a distance of 3 ft. at its closest point to the side
property line.
· Section 11.21, Subd. 10 (A)(2), Rear Yard Setback. City Code states the required rear
yard setback shall be 20 percent of the lot depth. The requested variance is for 17.46 ft. off
the required 27.46 ft. to a distance of 10 ft. at its closest point to the west yard (rear)
property line.
· Section 11.21, Subd.10 (A)(3)(c), Rear Yard Setback. City Code states the required rear
setback shall be 20 percent of the lot depth. The requested variance is for 18.46 ft. off the
required 27.46 ft. to a distance of 9 ft. at its closest point to the west yard (rear) property
line.
A review of the City file indicates that the house was built in 1940. In 1964, a basement was
added to the house. No other major additions have been made to the house since that time.
, ,
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
For Office Use Only:
Application No..
Date Received
8ZA Meeting Date
Amount Received
1.
2.
Applicant:
Street address of property involved in this application:
I to 13~T)JDt:t>EfJ DE,JC6!cJ tJ
.-- I HOM/t~ M Gi'J It-~f)
Name
Jr.o 13 "IiJ.DePGN D~CE /)J' A.L
Address
Business Phone
7~3') 5 i.f 5 -' I B 31
Home Phone
City/State/Zip
fu(2)~/8.- 153'-1
Cell Phone
Email Address
3. 4Deta~1fc:tr~tion !ft,uifi~(sr. ad~onfs).";;nJi!fe~tlbmS) involved in this pt)tition. 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.
tN L4a..(~ fN G TW G" &, 5 r oJ G J10v) E:, 51.( S'TP.fi-I(;.J1 TblJi IJ f.:;
R-. ~o ~ 110 'TVIe: N u) eo fl.. "list<, It D D I t<J (;, /7- CfrN rp-e v ~'L
J-b TW~ S W/tl-L t- /1-0 DI IVv /} f4c t='" 0 VCtf_ 'rt:lt= E~t5T' NC, fi~c.1-f.
[l II AS~rie'fll1t~me~f of \t\~ ~~rd~t~ ~hi~; PJ;~id~~~I;:rt~dSfu~ ti,'i:' gr~lin~ ~rih~ Jri~.fc~Ck
(see Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs,
or other evidence, if appropriate.
'--n;~ !-PO uSG IS Lf' MOM TIle; N ur
It/'J /) 'f S 10 ' FRoM.7U E W LeI
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WIVe (J1' '700
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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. .
· ~~~O
Signature of Applicant
'l 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
sta.tements regard~e prOject"..,. . ) .
r1nt Name ~~,b ~&N'tJo
Comment
Signature
Print Name
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Comment
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Print Name --y'cvr \< fl1o{"-e.~
Comment
Signature X~/ P11~
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Comment
Signature
Print Name
Comment
Signature' ~rc?~
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Print Name
Comment
Signature
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amment
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CERTIFICATE OF SURVEY
FOR: Tom Menard
1613 Independence Ave. N
Golden Valley, MN 55527
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I hereby certify that this survey was prepared by me or under
my direct supervision and that I am a duly Registered Land
Survevor under the laws of the State of Minnesota.
Surveyed by methi.th day of August, 2005.
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Legal Description:
Lot 5, Block 13, "LAKEVIEW HEIGHTS"
HENNEPIN COUNTY MINNESOTA
including adjacent one half of vacated alley.
Scale: 1" = 20'
o Denotes iron monument
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Benchmark: TNH, SW, Olympia St. @ Independence A....e. 1\.
N.G.V.D. 1929 adjusted elevation = 901.95 feet.
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Herb F. Lemire RLS
Minnesota Reg. No. 13349
4416 Abbott Ave. N
Robb~dale.~5422
Phone: 763.53~97
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FOR: Tom Menard
I 613 Independence Ave. N
Golden Valley, MN 55527
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Legal 'Description:
Lot 5, Block 13, "LAKEVIE\\O HEIGHTS"
HENNEPIN COUNTY MINNESOTA
including adjacent one half of vacated alley.
Scale: I"::::: 20'
o Denotes iron monument
xooO.o ::::: Existing elevation
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N.G.V.D. 1929 adjusted elevation == 901.95 feet.
I hereby certify that this survey was prepared by me or under
O1Y direct supervision and that I am a duly Registered Land
Surveyor under the laws of the State of Minnesota.
Surveyed by methisi day of Angus!, 2005.
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Herb F. Lemire RLS
Minnesota Reg. No. 13349
4416 Abbott Ave. N
Robb~d~e,:~~422
Phone. 76.J.537W57
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3000 Noble Avenue North
Christine Slater, Applicant
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Planning
763-593-8095 1763-593-8109 (fax)
Date:
September 23, 2005
To:
Golden Valley Board of Zoning Appeals
From:
Mark W. Grimes, Director of Planning and Development
Subject:
3000 Noble N.(05-09-22)
Christine Slater
Christine Slater owns the house and property at 3000 Noble Ave. N. (The property is located at
the northeast corner of Noble Ave. N. and Elmdale Rd. in the northeast portion of the City.)
The applicant is requesting three variances from a requirement of the Residential zoning code
(Section 11.21) in order to allow the construction of a new garage and expansion of living
space on the south side of the house. The applicant has submitted a survey that indicates the
proposed construction and the location of the existing house.
The house was constructed in 1950. Records in the file do not show that there have been any
additions done to the house since that date. When it was constructed, it was placed on the lot
so that the house is 29 ft. from Elmdale Rd. at the farthest west point and 27.6 ft. at the
farthest east point. The current setback requirement for new construction is 35 ft. from any
street right-of-way line. There are no records in the file that show a variance was granted for
the house to be located closer than 35 ft. from Elmdale. Perhaps Elmdale Rd. was platted after
the house was built or the setback requirement at that time was less than 35 ft. In any case,
the existing house is considered conforming because it was constructed prior to 1982. The
required front setback for houses constructed prior to 1982 is 25 ft.
The applicant now wants to add several features to the south side of the house and bring it
closer to the right-of-way line for Elmdale. In the case of any new construction, it must meet.
the current setback requirement of 35 ft. The new construction includes a new 24 ft. by 24 ft.
attached two car garage, a 2 ft. by 10ft. "bumpout" for kitchen expansion, and a 6 ft. by 11 ft.
open front porch (portico). The attached garage would be located no closer than 24 ft. from
Elmdale Rd. The 2 ft. by 10ft. "bumpout" for the kitchen would be located no closer than 26 ft.
to Elmdale Rd. The 6 ft. by 11 ft. open porch would be located no closer than 22 ft. from
Elmdale Rd.
The survey indicates that there is an existing shed on the property that is located 4.1 ft. from
the east property line and 4.9 ft. from the north property line. This shed is considered in a
conforming location because the City allows the distance from the structure to be "rounded up"
to the next whole number. The required setback for shed is 5 ft. from rear or side property
lines.
.
.
.
As noted on the survey, this property is not exactly a rectangle because the frontage along
Noble Ave. N. (west property line) is slightly greater than the width of the property as
measured along the east property line.
The proposed additions require the following variances from ~ity Code:
· Section 11.21, Subdivision 10 (A) 1 Front Yard Setback. City Code requires that the
front yard setback for all new construction be 35 ft. The variance request is for 11 ft. off
the required 35 ft. to a distance of 24 ft. at its closest point to the front property line
along Elmdale Rd. for the proposed attached garage addition.
· Section 11.21, Subdivision 10 (A) 1 Front Yard Setback. City Code requires that the
front yard setback for all new construction be 35 ft. The variance request is for 9 ft. off
the required 35 ft. to a distance of 26 ft. at its closest point to the front property line
along Elm dale Dr. for the proposed kitchen "bump out".
· Section 11.21 Subdivisions 10 (A) 1 Front Yard Setback. City Code requires that the
front yard setback for all new construction be 35 ft. The variance request if for 13 ft. off
the required 35 ft. to a distance of 22 ft. at its closest point to the front property line
along Elmdale Dr. for the proposed open front porch.
No other variances have been granted or applied for at this location.
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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
aZA Meeting Date
Amount Received
1.
Street address of property involved in this application:
?-!m ~Cl~k~eJ,\J(j I 6o\d~Va.\~
Applicant: f1nst-IYu_ S\~
Name
~ ~cHo !w<-'~f
Address
2.
Business Phone
7~5-~Z~" 4kf D
Home Phone
Q~t.J/(l.l~ . f1~. [;SC{ZL
City/St e/Zip
7~~- L(ll.,- 704~
Cell Phone
Email Address
3.
.
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 ther evidence, if appropriate.
&V Mh
C.O~ ()
.
5.
To the best of my knowledge the statements found in this application are true and correct. I ~Iso
understand that unless construction of the action applicable to this variance request, if granted,
is not taken within one year, the variance expires.
~'~
Signature of Applicant
~,& ASSOCIATES
~N~' SURVEYING. ENGINEERING
72' OlD HJGHWA Y 8 N.W.
NEW BRIGHTON. lIINNESOTA 55112
651-631-0351
rAi< 651-631-8805
INC.
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VIEW FROM SOUTH
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THE SLATER RESIDENCE
LOT 12, BLOCK 11, NOBLE-GROVE
3000 NOBLE AVENUE NORTH
CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA
ADJACENT RESlOEHCE fJOI6
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REFERENCE DOCUlAENT:
DEED DOCUMENT NO. 6004011
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PREPARED FOR:
CHRISTINE SlATER
3000 NOBLE AVENUE NORlH
GOlDEN VAllEY. MINNESOTA 55422
763-529-9210
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Van Heel Construction
2375 Orkla Drive
Golden Valley MN 55427-3435
Lie. #1592 763-542-9058
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Van Heel Construction
2375 Orkla Drive
G.~!den Valley MN 55427-3435 .
Lic. #1592 763-542-9058
~CALL;~~~L~:~,_ _
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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MINNEAPOLIS
43 Main 51""" 5E '~IO
Mblne.-.polis; MN, 55414
TEL: 16121 379-3037
F^X: 16121379-0001
EXCELSIOR
4~ 5e<:ond Slr_
Excelsior, MN 5533!
fEl: 19521 380-~817
F^X: 19521 380-4818
STlLLWATEIt
9Q.4 South Fourth Str...
5lillw;oter. MN, 55082
TEL: 165 II I5 1 'O'J61
f^X-:-t1l51135f-7J27
wwW.5AlAarc.com
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