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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 " - . . . 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 . 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: . . . . 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 . . 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 . 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. . . 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 . · 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. . . . . 05-10-22 2405 Bies Drive . Nancy Lillis, Applicant . . . . 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 2SU$ Subject Property: 2405 Bies Drive 24THAVl! N 2380 2315 ! :woo :s loI: 2360 ! 23SS 2390 2340 , 233S i 231fJ 2320 ;it / .~ 240$ 8181 8119 8139 8101 2500 8140 8100 ~~ 25TH AVl! III .. 23llS 234$ 8100 . MEDICINE tAKE RD llO45 S04Il a480 II02S 24a5 a480 JONI!W!N LH N " ~- _mm 2400 801S 800S B020 8Ol'lO 2l6!l 7919 7980 . 5. . 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. - /0 . rint Name I C-rr-1 ..\A'J~i PI') AL; 0 k-d '~ ;;;) ,+/, V-/' /' t;. / /{, < 7 v " , /'- i ~<"-' Comment Signature Print Name Comment Signature - J G'fc \ . Address '(5\0 I :It)'n,,, ,1L"'f' r I r l\ \i '_.. \./ \' B --lo' nn O'tL-:e.ft O.K. '~(1 I..... . '<,"->~ -, ......, .,. r )f 'r J,' O:&u~~ Address c) 4 (}(J r'? R. f(L Pi Pi:.. Print Name .~'('~ ~re-""- Comment C).\c u2~,-,,~ \l~l. Signature~~ .int Name Comment Addressa~ C>rtk, ~. If '. ',\ 1-1..... A v", ~ ,\ (;\. . .. '. . f \,-\5v'\..'-A.J'- '" \..... I ,'\S Signature C.t-,~Z\ l.t4f~~l Print Name Comment Signature Address L-.~ C, 0 0 v leI (1 t)V (\ LA~" lV','). /,,-., .I '""' J.r I / ./" ~ L)/",r,,\. () <. ,i ~.); l,/' .... l' ';:' f){Z" t. ..A_....... ..~~./. .....''7f!fZ\ , '\_, ;;"~ . .. " y ,<' /""i AA .. ~ " ,,' f, I .4-- (/ II: ,_ C'~ .. I "/ .~ ,/''', I / II /,"C/l1 J. ;i t /:..'-t'.{C1" I ff,-",y_\... I / Address ~... ' ,'" ,""" ,-n)" ,'1 l-"'_", ,t' ..-t ii C;(! S 1.7 - "''''-)//-.i,/,j L r .. Print Name ["ern L::l l-5oh lhCl I Comment,()/~" Signature Print Name emment Signature /1 ;).&1 /'----" \ /fJ./v7J (0 < (-q;<-,t"A~ ~C?//7kLJ /7,S~,"P~7~ ok- . " ...-'1:/1 /"" Address sfl t!J 0- .,;2 S '- L.~.~ . 2 "'<. ,.- ''71"-:-) . ~ Address }"?:-7 !~'r -/:;;..:' I /,. "",.vc~ ~,",.,-:f '" C---/ .:_/ ,'- .,~;..~ /' .//"", " _-. . l \ . tw' I t t l' 1\/," 1 , J~..,~ .'" (It :-J~J t~ f \~t~ C'=-" .J1,' +.~ r1 1 j .'- ->i' ."....,Jl.. "~I r'-' 1'''''''''' l YJ" ...\ ' \ ."\. '-. ~ .)!ci''\et.;.,>lo . -.,1, .'~ ~ "-..., r Y"} d.:'~l- \) , 24 ~o 6'l.(s Dr'r~"' . . FENCE CORNER 0.6 FEET _ / WEST OF PROPERlY UNE C'~ FENCE - f-- C) -...J FENCE INTERSECllON 0.1 FEET WEST OF PROPERlY UNE - , \ 11367S-1 / L n V o o ci ..- ..- 8,' H. "SHED 1.3 FEET ED SOUTH OF PROPERlY UNE \ \ ".. SHED 2.6 FEET EAST OF r;;- PROPERlY UNE I ~ Ii Ul I~ Ii -- - 22.9 -- ---I I I 1 I 1'\ OL F 0::: o Z \ y' ./ L n V T / ~. /' ~I\ ~ \ ~ n. N~ ~ .' \ "". ~ ",5.( "i- \).1 61 ~-"', " () b ~ r;;;P c..- ~. ......-0. ....-'" ~ ~2.L ~ -1 ') I L- ^ ^ \ \ ------- 34.9 ------- ------- 35.0 ------- 1----..--- 35.0 ------- BUILDING SETBACK UNE I -- T .-- ~ I , o iii - , I WEST 115.14 T / -1/") IV . DENOTES FOUND IRON ..- ..- W l: 10 ..- Co :rt o o V> I I I I I 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. N ~ ~ w E s o 20 40 ~~ I I 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