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04-27-04 BZA Agenda e e e Board of Zoning Appeals Regular Meeting Tuesday, April 27, 2004 7pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes - March 23, 2004 II. The Petitions are: 4601 Sunset Ridge, 55416 (04-04-11) Brent Strege, Applicant Request: Waiver from Section 11.21, Subd. 10 (A)(1), Front Yard Setbacks . 13 ft. off the required 35 ft. to a distance of 22 ft. at its closest point to the front yard setback along Sunset Ridge. Purpose: To allow for the construction of a 2-stall garage addition. III. Other Business IV. Adjournment . Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals March 23, 2004 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, January 27,2004 in the Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Sell called the meeting to order at 7 pm. Those present were Chair Sell, members Cera, Smith and Ovsak and P Commission Representative Keysser. Also present were Director of P Development Mark Grimes and Recording Secretary Lisa Wittman McCracken-Hunt was absent. I. Approval of Minutes - February 24, 2004 5621 Duluth Street 55422 (04-0 A lebee's International A MOVED by Smith, seconded by Cera and motion carr" February 24, 2004 minutes as submitted. II. The Petitions are: . Request: Subd. 6 Parking Requirements ff the required 713 parking spaces for a total s Purpose: pplicant to operate a restaurant in the Spring Gate ter Grimes stated Blockbust will be 's I proposing to open a new restaurant at the former in the Spring Gate Shopping Center. He said the restaurant t which means they serve food and alcohol. Gr" es ex at Byerly's and Spring Gate have a shared parking agreement and tha rentl re are a total of 466 parking spaces on the property. City Code requir 1 king spaces. He said that Staff has been working with Traffic Engineer, Glen Van mer and Applebee's regarding parking and circulation. Van Wormer's analysis shows that with the Applebee's addition the parking lot would need a total of about 500 parking spaces during peak demand. Grimes said that after the proposed changes to the parking lot the total number of parking spaces on the site will increase to 495. Grimes said that Mr. Van Wormer and Staff are comfortable with the lot being 10 to 15 parking spaces short. . Grimes referred to an aerial photo of the site and discussed the changes being proposed along the frontage road. He said that Staff is suggesting as a part of redoing this parking lot, that two of the three access points from the frontage road be closed. He . Minutes of the Board of Zoning Appeals March 23, 2004 Page 2 explained that the issue before the Board is the variance request for fewer parking spaces. Smith asked if the driveway behind the Sinclair gas station was being closed. Grimes said yes and told the Board that the City Engineer discussed the proposal with the Planning Commission the previous night and that they decided they would like to have Glen Van Wormer look at his proposed parking lot study one more time before the City Council makes their decision. . Smith asked about the park and ride program. Grimes said there are parking spaces for the park and ride users that will be eliminated. going to suggest to Metro Transit that they move the park and r" MnDOT property located to the north because their parking I utilized. is Sell asked if the fire department reviewed the parking Deputy Fire Marsha! has reviewed the plans. Cera stated that the entrance on Duluth Street the applicant look at that area too while th parking lot and entrances. Grimes expl . remodeling to their store in the fall and regarding the west entrance in fro time. dangerous and suggested ther changes to the planning on doing some ou like to work with them ;llthe parcel pick~up area at that Smith asked if there was a parking aisles. Grimes s situation and that it's a to Applebee's is a go di. and new sidewalks on of putting stop signs in the easUwest ndations being proposed would help the ion his plan is making the best of it He said is shopping center and the access improvements are needed to make it safer. Planning Commission's biggest concern is that by closing push the traffic to the west entrance. Grimes added that the e reviewing the parking lot plans again before the . mit IS approved. he entrance. on the west side and suggested having one lane going out in. Grimes said he would take the Board's comments back to the traffic re it goes on to the Council. . Steve Canada, Real Estate Manager, representing Applebee's stated that they have been in business since 1974. He said Applebee's is the world's largest casual dining operation under one name with over 1,600 restaurants and that they are anxious to be in Golden Valley. He said because they have 1,600 restaurants Applebee's feels confident that they know if the parking at a particular site will work for them or not He said Applebee's feels confident that there is enough parking on this property for their restaurant . . . Minutes of the Board of Zoning Appeals March 23, 2004 Page 3 Smith asked when they are planning to open. He said they have a signed lease with Spring Gate Partners and plan on opening in late August or early September. Smith asked about the seating capacity. Canada said there would be 157 seats and that 32 of those are seats in the bar area. Sell asked if this Applebee's would be similarto the one located in New Hope. Canada said they are similar, but that the one in New Hope is larger. He said that their typical restaurant is 5,000 square feet and that the one being proposed for G Iley is a little smaller than that. He showed the Board a front elevation of the It ran d the floor plan. Keysser told that Board that the Planning Commission adde approval. Gneis that there can be no snow stored on this si need to install a contiguous sidewalk of at least five feet in d stores in the Spring Gate Shopping Center. Smith asked aboutthe hours of operation. Can 10:30 AM and close at 11 PM on weeknights an w probably open at eekends. Dave Lundstrom, owner of the property behind the shopping center, said he h go in the shopping center, especia with people cutting through his particularly in the summer and of concerns are for the Cit zoned Commercial and t e, the apartment building abo etting a liquor establishment . .~ said he currently has problems he is concerned about noise eis business. Sell said that those types dress. He added that the shopping center is itted use with a conditional use permit. Smith asked Lunds center. Lundstrom the northeast was first built t did was p Ie cut through his property to get to the shopping is that people will park on St. Croix and cut through . He added that when Spring Gate Shopping Center posed to landscape the whole south side and that all they live trees. at one of the recommendations for approval is that garbage can not 7 AM. Lundstrom said he hasn't had any complaints about garbage as had several complaints about trucks idling in the parking lot all night. Grimes st that Applebee's is more of a family dining establishment and that he doesn't think that drinking in the parking lot will be a problem at this location. Smith .said hethinks it is a wonderful location for Applebee's and that the recommendations that have been made are adequate. Sell added that he thinks this proposal is an improvement to the shopping center. . . . Minutes of the Board of Zoning Appeals March 23, 2004 Page 4 MOVED by Smith, seconded by Cera and motion carried unanimously to approve the requestfor 247 parKing spaces off the required 713 parking spaces fora total of 466 parking spaces. 5020 Colonial Drive 55416 (04-03-08) Ken Stone. Kodet Architecture. Applicant Request: Waiver from Section 11.21, Subd. 7(A) Front Yar · 12 ft. off the required 35 ft. to a distance of 2 to the front yard property line along Coloni point Purpose: To allow for the construction of a propo room, kitchen and garage addition Request: "Vaiver from Section 11.21, · 5 ft. off the required 26.24 point to the rear yard Purpose: To allow for the c and an enlar Request: , Subd.7(C) Side Yard Setbacks 13.3 ft. to a distance of 3.5 ft. at its closest property line. isting deck into conformance with building setback eowners would like to add a significant rear addition to the rve-foot setback variance anda front addition that requ ires a nee. He said that the property is right up against the Highway 100 Grimes at there is an existing deck that doesn't conform to. setback requirements and that the existing wood steps on the side of the property are encroaching on the neighbor's lot. Headded that the existing shed in the rear yard Wi!! have to be removed or moved toa conforming location on the lot. Ken Stone, Kodet Architectural Group. Architect for the project, stated. that the homeowners hired him to expand their house which was built in 1947 and bring it up to current standards. He said there are only four houses along their side of street and that there seems to be no real consistent front yard setbacks. Stone explained that because . Minutes of the Board of Zoning Appeals March 23, 2004 Page 5 of the extreme traffic noise they get from Highway 1 00 that the homeowners want to expand to the quieter side of their property which is the front Smith said he didn't know if noise could constitute a hardship but that the shape of the lot might be a hardship. Sell asked ifthe homeowner put i said he has owned this house f stone stairs that were falling ap nothing could be done to t existing garage and said his cars inside. He said t noise and explaine t t the proposed rear a back yard. He they love their Stone said they would be adding a new entry to give it a more inviting entry to the front, expanding the kitchen by creating an eating area and adding a dining room. He said that the garage would also be expanded but would still be a two stall g e said that they talked about doing a third story addition but that the noise worse ifthey did. He said the wedge shape of the lot makes it diff It the back and also the topography and that fact that the house is a -out t which would mean excavating in the back. He showed a pro e ti of the house and said they want to have a strong entry and n th still fit in with the neighborhood. Smith asked if they were planning on removing a no, they were just going to be .adding on to the . Sell asked if the existing porch in the back yes. be taken out. Stone said eps. Russell Last, homeowner e said when they moved in there were t t in the wooden stairs. He said that ut getting a variance. He referred to the I 2-car garage and that he would like to have ma much use of the back yard because of the dcomes straight up from the north. He said they think er the noise from the north and allow more use of the Id love to be able to stay in Golden Valley,.and that orhood. or to the south had any comments about the proposed he has talked to them three different times and has made them ching steps. He said that they are fine with the proposed additions siastic comments on his variance application. He said after they got the hen they realized that the rear addition would require a variance. He said if it is ny value to the BOard, he is willing and able to alter the design dfthe. proposed rear addition so that it would not encroach in the setback area, . Cera asked how many square feet the house has currently. Last said there is 2,400 square feet with the garage. Cera asked how many square feet the additions would add to the. house. Stone said 1,500 square feet on the main floor. Cera asked if any of the proposed front addition could be moved back in order to minimize the front setback. Last said the southeast corner is right on the setback line. Stone added that they are trying to work around the existing kitchen which is in the center of the house and that Minutes of the Board of Zoning Appeals March 23, 2004 Page 6 . the noise is deafening in the back of the house. Cera explained that the Board has traditionally looked more favorably upon rear yard setbacks than front yard setbacks. Smith noteGl that there would still be a 23-foot front yard setback and that the addition wouldn't impact anything visually. Sell said he agrees with Cera about trying to minimize front yard setbacks but that this proposal won't impact the neighborhood. He added that if there was ever an area that he could see as having an acceptable front yard variance, this would b Cera asked about the dimensions of the living room and dining ro dining room would be 15 feet by 20 feet and that the living roo feet. Cera said another option is to make the living and dinin were working with a bearing wall. b ircase and e staircases and t would not make tion and they would have Ovsak asked why there are two staircases. Stone sai the other acts like the entry. Ovsak suggested eli shifting the front addition back. Stone said extre the project viable because there are bearing wa to re-do whole kitchen. . Cera asked if they had any interest in 12 foot variance into the front yard' big dining room. Stone said the for entertaining. In room smaller and said that a r said that 12.feet is not a very ig enough space for their family and Smith said Cera is right but that under these circu would practically b 'sibl d has been extremely protective of front yards, s I n'tseem extremely unreasonable and it neighboring properties. MOVED by Ke following varia yes) Smith and motion carried 3 to 2 to approve the : (Cera and Ovsak voted no, Keysser, Sell and Smith voted ire 35 ft. to a distance of 23 ft. at its closest point to the front yard g Colonialc Drive. quired 26.24 ft. to a distance of 21.24 ft. at its closest point to the rear y line. · 9.8 ft. off the required 13.3 ft. to a distance of 3.5 ft. at its closest point to the rear yard property line. . . Minutes of the Board of Zoning Appeals March 23, 2004 Page 7 . 7155 Medicine Lake Road 55427 (04-03-09) MichaelS. Pierce, Applicant Request: Waiver from Section 11.30, Subd.6 Parking Requirements · 26 parking spaces off the required 52 parking spaces for a total of 26 parking spaces Grimes stated thatthe applicant is buying this building and wo square foot office addition. He said that the parking require parking spaces and that there are currently 26 spaces on th applicant feels isan adequate amount of parking. Grimes sai with warehouses is that they are becoming more mec d reasonable to calculate the warehouse parking re 1 ,500 square feet instead of 1 space for 500 sq with those requirement they would be closer to t Purpose: To allow the applicant to construct a new 4,441 s office building. . Smith asked if there is going to be a ch requirements. Grimes said yes and th de regarding the parking Idst of doing that now. Grimes said he thinks theamo explained that the applicant will space to office space in th to expand his business is currently on the site is adequate. He e convert any of the existing warehouse ded that this is an opportunity for the applicant mmunity. Keysser asked if th Grimes said yes, an station on the site was going to be demolished. have been removed. Michael Pierce, and when hiswa id that he has owned his building next door for 25 years t up for sale he thought it would be a good way to expand at the applicant does at this location. Pierce said they manufacture nt supplies. He said he had factory at one time but then started out - duct and using an off-site warehouse which is not very efficient. Smith asked the applicant ifhe plans on connecting the two buildings. Pi~rce said no, that would not be necessary. He explained that having this additional warehouse space will help thembe more efficient and that there would only be four employees in the warehouse. . Grimes suggested theapplicanttalk to Deputy Fire Marshal, Ed Anderson .abput having high pile storage. Will Jensen, Cunningham Group, architect for th~ project said that they are planning on raising the existing garage structure and building the office . . Minutes of the Board of Zoning Appeals March 23, 2004 Page 8 addition over the exact footprint. He said currently there are 26 parking spaces and that the number of staff would not be more than 16 maximum based on a 3D-year projection. Keysser asked the applicant how many shifts they have. Pierce said just one. Cera stated that when considering the changes to the zoning ordinance regarding the warehouse parking requirements this property would really only be three spaces short. MOVED by Cera, seconded by Ovsak and motion carried unanimou request for 26 parking spaces off the required 52 parking spaces a parking spaces. the 1529 Fairlawn Way 55416 (04-03-10) Rita and Martin Newman A Iicant Request: Waiver from Section 11.21, · 7 ft. off the required 12 ft. t the side yard propert Purpose: Grimes stated that the applican would extend to a distance of neighbors to the south ha side rather than with a t their view. d a second garage stal! and that it si e rd property line. He stated that the y would prefer that the garage expand to the the back because that would block more of , they have lived in this house. Rita Newman, about a year and a half. She said they bought it from up with the maintenance, but that there have never been since it was built in 1956. plicants how long the neighbors to the south have lived in their n said she believes that they have owned their home for about 12 Keysser ased about the width of the garage. Grimes said it would be 21 feet wide and that they are maintaining the 5-foot setback that the Board has said they like to see. Rita Newman asked if the eaves on the garage were included in the measurements. . Grimes explained that eaves and overhangs can go 30 inches into the setback area. e Minutes of the Board of Zoning Appeals March 23, 2004 Page 9 MOVED by Cera, seconded by Smith and motion carried unanimously to approve the request for 7 ft. off the required 12 ft. to a distance of5 ft. at its closest point to the side yard property line to allow for the cOnstruction of a second garage stall. III. Other Business No other business was discussed. IV. Adjournment The meeting as adjourned at 8:20 PM. . . .. .f . 4601S.u nsetRidge . Brent Strege 04-04-11 . See Large Size Plans and/or Survey in Planning Department . . . Hey Planning 763-593-8095 /763-593-.8109 (fax) Date: . April 22, 2004 To: Golden Valley Board of Zoning Appeals From: Adam W. FUlton, Planning Department Intern Subject: 4601 Sunset Ridge (55416) (04-04-11) Mr. Brent Strege, Applicant Mr. Brent Strege owns the property and house at 4601 Sunset Ridge in the North Tyrol neighborhood. He requests a variance from Section 11.21, Subd. 10, (A)(1), in order to construct an addition to the existing two-car garage. Mr. Strege intends to use the existing garage for a combination workshop and storage area, and build a new garage closer to the street. Due to the nature of the project, a survey was required. The proposed garage would extend 13 feet into the front yard setback area, reducing it from 35 to 22 feet. Mr. Strege indicated that he would complete a chalk outline of the proposed structure as itwill exist on-site prior to the hearing. A letter detailing Mr. Strege's concerns is also attached. The project requires a variance from the following City Code: · Section 11.21, Subd. 10 (A}(t), Front Yard Setbacks. City Code states the required front yard setback shall be 35 feet from any front property line along a street right-of- way. The requested variance is for 13 feet off the required 35 feet to a distance of 22 feet at its closest point to the front yard setback along Sunset Ridge. A review of the City file indicates that the house was built in 1947 and that no other additions have been made to the house since that time. . April 6, 2004 To: City of Golden Valley Board of Zoning Appeals I am seeking a variance to build a 2-stall garage onto the front of my house at 4601 Sunset Ridge. It is my intention to use the current garage for a combination workshop and storage area. . I have been able to speak to two of the three neighbors who need to be notified. Steven Sawyer who lives at 4606 Sunset Ridge (directly across the street), was shown the plan of the proposed garage and said it looked fine and wished me luck with the process. Mr. Hardy whose home borders the west side of my house was also shown the plans. He commented that the structure . looked good and that he liked it better than a fence that used to border the property. He also commented that because of the way the street curves, the garage wouldn't affect his property. Also just after purchasing the home, I had several trees and shrubs removed from the front yard that were overgrown. These trees and shrubs were much more obstructive than the proposed garage. They came out from the house and went nearly to the curb, much further than the proposed garage would extend out from the house. I feel the necessity or hardship involved in wanting to build the new garage onto the front of my house is tied into the placement of the existing home on the lot. The home is build into the side of a hill with a very steep slope. This makes extending the garage out the back of the building impossible combined with the fact there is an existingJ-season porch build behind the garage. Thank: you for your consideration -fA.~ Brent Strege . . , , ... :"\ \ \ ~:i. '\":,-' .~,) ':t:.. :to Ii':! ::" ~N ,:.:".",,;,.1 , ,'. , , '1:ii ":;1 .".. ..:;:;~. ..(<};.:".'!~!/ "Z':"! f" ~.." ."l.. ~ ....: .. :fA ~v~;;.. ;:);:1(3" ;- ?:. V. ~H' . .... . -..!. "- ..... . i. :: :) ll\ .~. J" " . {\ , . :' :.J\' ',;. . ~\ " \.. . "\. If \;, .:.... ':;j~Li\ i . ~'l"!~"~'~".":'~ '~':'.:.)..'. " 't'" '11. ., f\ j"', '" '~" . G."" ;" ~ ,'..' \ I~' "i........ " .... ...., ";")"" .,. [.":r!~ "j "I . ,::'-,11': ....ri'~ II .... '\ "1' 'lii '" ;"':',. .,.:.!....':.,.':.'~. .i::..~. ~~'.:'" ':,'. ':..\'.:;.:.....:.:.1..':,......., :. .... .:'..~. ~". ......,':,..:,.,::,,':.,. ";;"":':".:~::'....:,.r....:........ ~. ~~~l ,i , " "" ,i ~ f ~ 't n~lf.~,!# J.\Lii,~;.! .,,:..:~~~~-;:.;.~~~;;!t~, t..l":.. A/.. \ _": 1;r......'.~...~...'~.'i, " j\~ ,,'JI 'f t1 j>4f>~ j.!...\ t;;; '. ,:. /1/'" u}' y ..~~~:r,.h,~~,,:::: :~.fW:, ."..,;,j.;..:';~~!.::.:" i\'.;;'/ ,V\P/1' .... . .If..; I ,.;; !(,... '.' f:~\ l '/ \V'" ~:'11!'" .Jf)/> ;} J / ...1/ . .;, . .' il'11F/ ',' . ..... . ":I~~..!:f I / $I""" /. V .i~f" :'" .., " . . ~l ;.." ~ . . City of Golden Valley Board of Zoning Appeals (BZA) Zoning CodeVarianc.e Application For Office Use Only: Application No. pate Received. .t1.S'~_ 8ZA Meeting Date 4, 21 Amount Received f SO 1. Street address of property involved in this application: 4fd21~fl9;i--tZ.I1Y- t Addm Vaile;; me 55416 2. Applicant: 73r&11- L Sf-V-l.JL Name ~O ~ tiel G Go/delL (/~l1e fltL 55-1-1(; Address City/ te/Zip Business Phone & J 1-' leI., 1C11(p Home Phone Cell Phone 6~ S+Y'~~ (!J) YA A.r;o. Co ~ Email Addres~ . 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 varianceJhat may be approved and cannot be changed before or after the building permit is issued. StL 2J.i.~c0u( 'l~r.- 4. 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. -tiJ~ Signature of Applic nt 5. If the applicant is not the owner of all property involved in this application, please name the owner of this property: . Print Name of owner Signature of owner Variance Application Submittal: The following information must be submitted by the application deadline to make a complete plication. If an application is incomplete, it will not be accepted: Completed application form, including signatures of surrounding property owners. A current or usable survey ofthe property must be attached. Seethe handout on survey requirements. A briefstatement of the reasons, necessity, or 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 issu~d. Variance application fee, as follows: $50 - single family residential; $150 - other Signatures of Surrounding Property Owners Note to the variance applicant: As part of the variance application process, you will need to attempt to obtain the signatures of all _rrounding property owners. This includes all properties abutting the applicant's property and directly ~ross the street. If on a comer, this means across both streets. To obtain these signatures, you will need to personally visit each of these property owners, teU them about your project (we encourage you to bring along a copy of your building plans) and have them sign the area, below. The signature is meant only to verify that you have told them about your project and gives them opportunity to comment. If you have attempted to contact a property owner on two separate occasions and not found them at home, you may simply write something to the effect "made two attempts, owner not home" and then write their address. City staff will also send a written notice informing these property owners of the time and place ofthe BZA meeting. Note to surrounding property owners: This is an application by your neighbor for a variance from the City Zoning Code. Please be aware of any possible effect the granting of this variance could have on your property. You will also be receiving a written notice informing you of the time and place of the variance meeting. By signing this form, you are only verifying that you have been told about the project, not that you necessarily agree or objecfto the project. If you wish, you may comment on the project. Comments can contain language of agreeing with the project, objecting to the project or other statements regarding the project. .illt Name Slc;Veu j;q-~yaL ::::::~~~ Address LJ'6~ dUJI>$bC fJdt<- Print Name .mment Signature .~6tJ 9' Jv~JtC: I n1 S .. erO I.VG CDlttta [:;~.. J /10 ? i1( uJ e. V- I Address . 1 ~54Ij'1A Sl 4- (<, '(0c~ Print Name J B. VD 1.'\ 'h\V\ SUI'\- Comment /rv\ etA Xvut(~ ~o Signature Print Name Comment Signature Jliint Name ~mment Signature Print Name Comment Signature Print Name Comment Signature ent Name Comment Signature Address Address Address Address Address