10-25-05 BZA Agenda
e
Board of Zoning Appeals
Regular Meeting
Tuesday, October 25, 2005
7pm
7800 Golden Valley Road
Council Chambers
I.
Approval of Minutes - September 27, 2005
II.
The Petitions are:
2405 Bies Drive (05-10-22)
Nancy Lillis, Applicant
Request: Waiver from Section 11.21, Subd. 10(A)(3) Side Yard Setback
Requirements
. 5.2 ft. off the required 15 ft. to a distance of 9.8 ft. at its closest
point to the side yard (north) property line.
Purpose: To allow for a garage addition.
e III. Other Business
IV. Adjournment
e
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
September 27, 2005
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,"
September 27,2005 in the Council Chambers, 7800 Golden Valley Road, Golden
Valley, Minnesota. McCarty called the meeting to order at 7 r:>m.
Those present were Members Duff, landis, McCarty and Sell and Plan .
Commission Representative Keysser. Also present were Director of P
DevelopmentMark Grimes, Planning Intern Kristin Gonzalez and d
Assistant Lisa Wittman.
I. Approval of Minutes - July 26,2005
Duff referred to the third paragraph on page three an
should be "understandings".
"understands"
MOVED by Sell, seconded by Duff and motion
26, 2005 minutes with the above noted corr
to approve the July
II.
The Petitions are:
611 Sumter Avenue Sou
Lonn Phernetton A
Request:
. n 11.21, Subd.10(A)(1) Front Yard Setback
e required 35 ft. to a distance of 11 ft. at its closest
north yard (front) property line.
_JJw for a 3-season porch-addition.
-''fib,
w
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.
Gonzalez referred to a location map and stated that the subject property is located at the
corner of Sumter and laurel. She explained the requested variances are to bring the
existing house into conformance and to allow for a 3-season porch addition. She stated
that there has been some dispute regarding the location of north property line. She
added that the applicant's noted hardship is the fact that it is a corner lot Also, due to the
layout of the house this is the only location for a 3-season porch.
Minutes of the Board of Zoning Appeals
September 27, 2005
Page 2
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Sell asked why the Laurel side of the property is being considered a front yard. Grimes
stated that the Zoning Code considers each street side on a corner lot to be a front yard.
He referred to the situation regarding the north property line and explained that when
street reconstruction was done on Laurel the City took an easement over the applicant's
property. He added that even though the variance requests are fairly substantial there
has been some confusion about where the property line is located.
McCarty asked if the northernmost line of the easement is literally the curb. Grimes
stated that there is approximately 10 feet of grass between the house etaining
wall.
Grimes stated that h
required 35 fee a
easement area.
Lonny Phernetton, applicant, stated that there is 13 feet 6 inch
the retainingwall. He explained that he is proposing to build
that he didn't think there would be any issues because he is
porch further away from Laurel Avenue than the existing hou
Sell asked the applicant how long he has owned t
owned the property since 2001.
Sell asked the applicant if he sold off the s
before he-bought the property.
tton said no, that was sold
.
Keysser asked if Laurel was wide
sidewalks were added.
;::t!lilt. Grimes said no, however,
McCarty asked the applic
stated it is a corner lot a
proposed location. He ad
Is the hardship is with his property. Phernetton
o was designed for a porch to be put in this
the CI s easement has also hurt the process.
change the requested variance to be 25 feet off of the
feetjust to be sure that nothing gets built in the
s the easement. Grimes explained that technically Mr.
property but he has given the City rights to it, similar to a street.
the public hearing. Seeing and hearing no one wishing to comment,
the public hearing.
Sell stated for the record that there was a taking in the form of an easement which put
the house further into non-conformance.
MOVED by Sell, seconded by Keysser and motion carried unanimously to approve the
following variances:
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Minutes of the Board of Zoning Appeals
September 27,2005
Page 3
· 25 ft. off the required 35 ft. to a distance of 10 ft.at its closest point to the north yard
(front) property line to allow for a 3-season porch addition.
· 30 ft. off the required 35 ft. to a distance of 5 fl. at its closest point to the north yard
(front) propertylineto bring the existing home into conformance.
4920 Normandy Place (05-09-20)
Peter LenaQh. Applicant
Request: Waiver from Section 11.21, Subd. 10{A){1
Requirements
ack
. 7.3 ft. off the required 35 ft. to a dist
point to the south yard (front) ert
Purpose: To allow for an open front p
Gonzalez pointed out the property on a loca .
would like to put an open front porch on .
closest point to front yard property line
lained that the applicant
Id be located 27.7 feet at its
Peter Lenagh, applicant, stated
far enough back on the lot. He
nice to have a front porch.
is the fact that the house wasn't placed
alking neighborhood and it would be
Sell asked the applicant
the property since 1 2.
wned the property. Lenagh said he's owned
Keysser asked"M"lhy a
that the house \):l
t being required for the existing house. Grimes stated
82 so the front yard setback in this case is 25 feet.
osal has the support of the neighbors.
!u~ public hearing. Seeing and hearing no one wishing to comment,
ther'public hearing.
MOVED eysser, seconded by Sell and motion carried unanimously to approve the
variance request for 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 to allow for an open front porch addition.
1613 Independence Avenue N. (05-09-21)
Thomas Menard. Applicant
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Minutes of the Board of Zoning Appeals
September 27, 2005
Page 4
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.
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 distanc
point to the north yard (side) property r
st
Purpose: To allow for an addition on the northwe
Request: Waiver from Section 11.21, Su
Requirements
. .5 ft. off the allowed 3.6
to the north yard
ce of 3 ft. at its closest point
Purpose: To allow the corni
house to go i
Request:
n 11.2 , Subd. 10(A)(2) Rear Yard Setback
ff the required 27.46 ft. to a distance of 10 ft. at its
int to the west yard (rear) property line.
an addition on the northwest corner of the house.
r from Section 11.21, Subd. 10(A)(2) Rear Yard Setback
e uirements
· 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.
Minutes of the Board of Zoning Appeals
September 27,2005
Page 5
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Gonzalez referred to the property on a location map. She explained that the house sits
far back in the corner on the property and that the owner would like to bump out the
northwest corner of the existing house and build a detached garage to the front of the
existing house, both of which require variances.
Keysser asked when the house was built. Gonzalez said the house was builtin 1940 and
added that there is also a variance request regarding the width. of the house because it is
not the required 22 feet wide.
Thomas Menard, applicant, stated that he is looking into building a f
addition on to the south end of the existing house which would bri t
required 22 foot width. He explained that his plans are to straig ou
the northwest corner of the house, add on a four-foot cantiley s
side of the house and construct a garage in front of the hou~}
behind the house due to the way the house was placed on th
. eve red
he
jog.in
south
I no room
Grimes asked if the proposed cantilevered additi~,i.~i*~'L hole length of the
house. Menard stated that he is going to be con~:Cilting~wr~Q as ural engineer. Grimes
asked the applicant if he would reduce the cantijIWvered ad\tion to 2 feet if a structural
engineer says 4 feet wouldn't work. Menar 'd would' 'ill do the cantilevered
addition if it could only be2 feet.
.
McCarty opened the public hearin
McCarty closed the public heari
g no one wishing to comment,
McCarty suggested going
Grimes noted that anoth
is also not located lete
req st should be added because the existing shed
e rear of the existing home as required.
McCarty addres~l~d th
proposed garage!
egarding the location of the existing shed and the
MOVE by Keysser and motion carried unanimously to allow the
existing s\rv{~::~he proposed garage to be located in front of the existing home and not
to the'i~~ar:oJlthe principal structure as required as long as all other code
ents: e met.
McCarty a essed the variances regarding the "bump out" addition to the northwest
corner of the house. He noted that the proposed addition would not extend beyond the
plane of the existing walls.
.
MOVED by Keysser, seconded by Duff and motion carried unanimously to approve the
following variance requests:
· 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 to allow for an addition on the northwest corner of the house.
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Minutes of the Board of Zoning Appeals
September 27, 2005
Page 6
· .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 to allow the cornices and eaves on the northwest corner of the
house to go into the setback area.
· 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 to allow for an addition on the northwest corner of the house.
McCarty addressed the variance regarding the proposed cantilevered
south side of the house.
MOVED by Sell, seconded by Landis and motion carried unan'
following variance request:
· 18.46 ft. off the required 27.46ft. to a distance of 9 ft. 'at i
yard (rear) property line to allow for an addition on
McCarty addressed the variance regarding the
applicant ends up building a 4 foot wide canti1e
width of the house would not be required.
ou uff noted that if the
a variance regarding the
MOVED by Sell, seconded by Duff an
following variance request:
· 2ft. off the required 22 ft.
narrower than require
allow for the existing home to be
t{ r from Section 11.21, Subd. 10(A)(1) Front Yard Setback
';em"
Flrements
. 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
To allow for an attached garage addition.
Request: Waiver from Section 11.21, Subd. 1 O(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
.
Minutes of the Board of Zoning Appeals
September 27, 2005
Page 7
Request: Waiver from Section 11.21, Subd. 1 O(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.
Grimes referred to the property on a location map. He stated that the
proposing to do a substantial remodel to her existing home including<
kitchen area, adding an open front porch and building a new gar
applicant's driveway apron has been installed in a new locatio
garage location.
the
t the
e new
Grimes stated that because of the location of the house on th
proposed additions would make the house look like it'J'
already does.
hink that the
e street than it
.
Christine Slater, applicant, stated that she's alw
and that having a single-car garage is a h ip.
drawings of her house and explained th
garage and the 2 foot by 10 foot bump
dining area.
of having a two-car garage
d to some elevation
ge will be a side loading
. chen area will allow her to have a
Sell asked about the trees bein
been removed and which
noted on her survey which trees have
McCarty asked if the kitche
would be cantilever d
out a aition would be cantilevered. Slater stated it
othave a foundation under it.
McCarty opene'~;~lhe
McCarty close "'ry
ng. Seeing and hearing no one wishing to comment
earing.
McCa
IS is a nice looking proposal and won't make a huge impact.
DLf~.;~aid he> 't is a reasonable plan, the house is place oddly on the lot and the
applica t curretly has a single-car .garage.
. MOVED by eysser, seconded by Landis and motion carried unanimously to approve the
following variance requests:
· 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 to allow for an attached garage addition.
.
· 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 to allow for a kitchen "bump out" addition
Minutes of the Board of Zoning Appeals
September 27, 2005
Page 8
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· 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 to allow for an open front porch addition.
III. Other Business
No other business was discussed.
IV. Adjournment
The meeting was adjourned at 8:10 pm.
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05-10-22
2405 Bies Drive
.
Nancy Lillis, Applicant
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Hey
Planning
763-593-8095/763-593-8109 (fax)
Date:
October 25, 2005
To:
Golden Valley Board of Zoning Appeals
From:
Kristin AGonzalez, Planning Intern
Subject:
2405 Bies Drive (05-10-22)
Nancy Lillis, Applicant
Nancy Lillis owns the house and property at 2405 Bies Drive. The applicant is requesting a
variance from Section 11.21, Subd. 10 (A)(3), Side Yard Setbacks, in order to construct an
addition to the home. The applicant intends to extend the existtng one stall to a two stall
garage and workshop area. 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
9.8 feet of the north side property line.
The applicant states that the primary hardship is the homes' garage is only a one stall
garage. Ms. Lillis also states that due to the size of the existing garage, this larger addition
would be consistent with the current look of the home.
The project requires a variance from the following City Code:
· Section 11.21, Subd. 10 (A)(3), Side Yard Setbacks. City Code states that the required
side yard setback shall be 15 feet for all lots having a width greater than 100 feet. The
requested variance is for 5.2 ft. off the required 15 ft. to a distance or9.8 ft. at its closest
point to the side property line.
Staff would also like to note this property has a shed in the northwest corner which is too
close to the property lines. City code states that accessory structures must be five feet from
any property line. Staff has informed Ms. Lillis about this, and she understands that a final
Certificate of Occupancy will not be issued until the shed is removed or moved to meet the
setback requirements.
A review of the City file indicates that the house was built in 1959. No other major additions
have been made to the house since that time.
8229
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Subject Property:
2405 Bies Drive
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5.
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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
8ZA Meeting Date
Amount Received
1. Street address of property involved in this application:
~~05 Bies Drive
Golden Valley, MN 55427-34l~_
2. Applicant: Nancy :r..i llis
Name
l1f; Mrinn;:111R T,rine (;nlnen Valley, MN 55416-3364
Address City/State/Zip
763-381 ]791 7~1-3Rl-17ql
Business Phone Home Phone Cell Phone
Email Address
3.
Detaiied 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.
ThiR pr0ppr~y is a Ringle family residence with an attached
~hp-rrir garage, The plan calls for adding anl8-foot second
RTrill tn C"rp')t.e a t.W()-~ar garage with workshop area.
4. A brief statement of the hardship which provides legal grounds fOfthe granting of this variance
(see Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs,
or other evidence, if appropriate.
A t.wm-~ar garage is necessary ~o both family vmhicles can be
protected, particularly during Minnesota winters. A ~arge old tree
at tb:.e front of the property will not allow a straight-on entrance/exi t
(coht. on attached)
10 the best of my knowledge the statements found in this application are true and correct. falso
understand that unless construction of the action applicable to this variance request, if granted,
is not taken within one year, the variance expires.
vt~fl"X Olio
S~f ApPlfc~~ . .
.
(cont.)
to the addition. Having a larger unit and door will make the
angled access easier and safer. Also, because the current
garage is larger than standard, a larger addition would help
maintain the home's aesthetic value.
.
.
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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SURVEY FOR: NANCY lllllS
PROPERTY ADDRESS: 2405 Bies Drive, Golden Valley, Minnesota.
LEGAL DESCRIPTION:
Lot 11, Block 4, RICHLAND HILLS, Hennepin County, Minnesota.
CERTlFICA TlON:
I hereby certify that this is a true and correct representation of a
survey of the boundaries of the land above described and of the
location of all buildings, if any, thereon, and all visible
encroachments, if any, from or on said land.
~
~
~
Dated: October 7, 2005
by:
ing of Minnesota, LLC
Jack Boike
Minnesota License No. 20281
NOTES:
1. The bearing system is based on west line of Lot 11, Block 4,
RICHLAND HILLS which is assumed to have a bearing of North.
2. The area of the property described hereon is 12,584 square feet or
0.2889 acres.
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SCALE IN FEET
Anderson Engineering of Minnesota, LLC
C I V I LEN GIN E E R I N G AN D LA N D SUR V E Y I N G
13605 1ST AVENUE NORTH, SUITE B, PLYMOUTH, loIN 55441
TEL (763) 383-1084 FAX (763) 383-1089