07-27-04 BZA Agenda
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Board of Zoning Appeals
Regular Meeting
Tuesday, July 27,2004
7pm
7800 Golden Valley Road
Council Chambers
I.
Approval of Minutes - May 25, 2004
II.
The Petitions are:
308 Janalyn Circle, 55416 (04-07-15)
Ryan Urness & Ann Olberding, Applicants
Request: Waiver from Section 11.21, Subd. 10(A)(3)(a) Side Yard Setbacks
. 10ft. off the required 15 ft. to a distance of 5 ft. at its closest point
to the north side yard property line.
Purpose: To allow for the construction of an additional garage stall.
4501 Elmdale Road, 55422 (04-07-16)
Les and Caroline Holmberg, Applicants
Request: Waiver from Section 11.21, Subd.10 (A)(1), Front Yard Setbacks
. 29 ft. off the required 35 ft. to a distance of 6 ft. at its closest
point to the front property line along Lee Avenue.
Purpose: To allow for the construction of a garage addition.
Request: Waiver from Section 11.21, Subd. 10 (A)(1), Front Yard Setbacks
. 11 ft. off the required 35 ft. to a distance of 24 ft. at its closest
point to the front property line along Elmdale Road
. Purpose: To allow for the construction of a garage addition.
Request: Waiver from Section 11.21, Subd. 10 (A)(3)(a), Side Yard
Setbacks
. .5 ft. off the required 12.5 ft. to a distance of 12 ft. at its closest
point to the side yard property line.
Purpose:
To allow for the construction of a garage addition.
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III.
Other B.,.siness
6250 Wavzata Blvd. - The applicant Kris Newcomer from the Junior League of
Minneapolis, has submitted a letter requesting a one year extension of the
variances they were originally granted on June 24, 2003.
IV.
Adjournment
2
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.
.
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
May 25, 2004
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
May 25, 2004 in the Council Chambers, 7800 Golden ValleyRoad, Golden Valley,
Minnesota. Chair Cera called the meeting to order at 7 pm.
Those present were Chair Cera, members McCarty and Sell and Plan
Representative Pentel. Also present were Director of Planning and D
Grimes and Recording Secretary Lisa Wittman.
I. Approval of Minutes - April 27, 2004
MOVED by Pentel, seconded by Sell and motion carried una
April 27, 2004 minutes as submitted.
II. The Petitions are:
1840 Major Drive, 55422 (04-05-1
William & Kathleen Wilson A
Request:
(J. 10 (A)(1), Front Yard Setbacks
ed 35 . to a distance of 32 ft. at its closest point
roperty line along Major Drive.
Purpose:
ruction of an enclosed entry addition.
re requesting a variance to allow them to build an
explained that the zoning code was recently changed to
s to go five feet into the front yard setback without requiring a
st still requires a 3 foot variance because it is an enclosed
ded that all other setback requirements on the property are
applicant stated that they purchased the property two years ago. He
explain e present entry has one door and that it is immediately adjacent to the
staircase which makes it difficult to have people enter through the front door and not fall
down the stairs.
Cera asked the applicant what he feels the hardship is for granting this variance request.
William Wilson said he thinks the hardship is that the front entry is not safe the way it is
currently and that it does not conform to the building code.
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.
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Minutes of the Board of Zoning Appeals
May 25, 2004
Page 2
Pentel asked if the proposed front entry would be made of brick. Kathleen Wilson,
applicant stated that there would be a double door with glass on both sides of the door
and the rest of it will be stone that matches the current brick or they might do the whole
front of their house in stone.
Pentel asked if this proposed entry would have steps leading into the entrance. William
Wilson stated that they would like to put three to four feet of steps leading up to the
entrance.
Cera asked the applicants if they are doing any other remodeling. Ka
they are not doing any other remodeling at this time.
Cera asked the applicants how their garage lines up visually
theirs. William Wilson stated that he thinks they are all abo
McCarty asked the applicants if there is room on the i
Kathleen VVilson stated that there isn't room on the .n+
Cera asked Grimes if the proposed entry additi
require a variance. Grimes said if it were a
variance.
nclosed if it would still
, it would not require a
Cera asked Grimes if an unsafe en
explained that the lots in this are
platted today and they would h
setback requirement from
sidered a hardship. Grimes
latted the way they are if they were
eper lots because of the current
Sell said he thinks this is
difference visually tha
r t and doesn't think the addition would make a
plicants do have a hardship with the house.
Pentel said th
said he agreed.
ior layout is a hardship and a safety issue. McCarty
by McCarty and motion carried unanimously to approve the
the equired 35 ft. to a distance of 32 ft. at its closest point to the
one along Major Drive to allow for an enclosed front entry addition.
2 endelssohn Avenue (04-05-13)
Stephen Saunders. Applicant
Request:
Waiver from Section 11.30, Subd. 7 (A), Front Yard Setbacks
· 30 ft. off the required 35 ft. to a distance of 5 ft. at its closest
point to the west side property line along TH 169.
.
Minutes of the Board of Zoning Appeals
May 25, 2004
Page 3
Purpose:
To allow for the resurfacing of the existing parking lot,
constructing curb and gutter and correcting existing drainage
problem.
Request: Waiver from Section 11.30, Subd. 7 (A), Front Yard Setbacks
· 15 ft. off the required 35 ft. to a distance of 20 ft. at its closest
point to the front property line along Mendelssohn Avenue
.
Purpose:
To allow for the resurfacing of the existing. p
constructing curb and gutter and correctin x
problem.
e
Grimes explained that these variance requests are being m
store and that he is proposing to make much needed improv
parking lot. He said years ago, Hennepin County took
the constiUction of old Highway 18 (now Highway C>
hardship.
the liquor
isting
IS property for
be considered a
Grimes referred to the site plans and expl
requirement on the east side of the lot
are from Mendelssohn and Highway 1
encroaches on the neighboring pr
conforming location. He said th
meet the parking requirements.
cant will meet the setback
the applicant is asking for
e existing driveway currently
pplicant is proposing to move it to
te parking on this site and that it does
Sell referred to the cros
station and asked if that i
project stated that i' ot
cross ag reement wi
ent between Westview Liquor and the gas
or employees. Vladimir Sivriver, engineer for the
ployee parking, it is a driveway. Grimes added that the
'on is mainly an easement for aqcess.
plan and asked about the existing parking on the west side of
here the parking and the new driveway would be located.
, econded by Cera and motion carried unanimously to approve the
he hardship is the taking of a portion of the west side of the property
unty for Highway 18 (now Highway 169).
· 30 ft. he required 35 ft. to a distance of 5 ft. at its closest point to the west side
property line along TH 169.
.
· 15 ft. off the required 35 ft. to a distance of 20 ft. at its closest point to the front
property line along Mendelssohn Avenue
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Minutes of the Board of Zoning Appeals
May 25, 2004
Page 4
2125 Aquila Avenue North, 55427 (04-05-14)
Sue & Ron Lundquist. Applicants
Request: Waiver from Section 11.21, Subd. 11 (A)(1), Accessory
Structures
· 1 ft. off the required 10ft. to a distance of 9 ft. at its closest point
to the existing swimming pool.
.
Purpose: To allow for the construction of an addition to th
Grimes explained that it was determined that the applicants wo
they came to the City requesting a building permit for the con
the rear of the house. They found out that there would only
proposed structure and the existing pool instead of the requir
Pentel asked about the rationale for requiring ten ,.
and the house. Grimes explained that the ten fo
access they need.
accessory structure
public safety has the
Cera asked what the hardship would be
applicants have is to reduce the size 0
wall for the proposed addition is p
existing inside wall.
stated that one option the
n y e foot. He added that where the
tmatches up with an already
Ron Lundquist, applicant,
safety purposes. He exp
north side of the house
only one corner of r
requirement.
e is not access to the pool from the house for
oved all of the mechanicals for the pool to the
refur hed the pool last year. He added that it is really
ddition that wouldn't comply with the setback
hed ocated on the property meets setback requirements.
his IS a reasonable request and it would make no sense to require a
o make the addition shorter.
doesn't see that there is a hardship with this request and she would like
to see this CJition meet the setback requirements. She said she thought the Board
would be setting a precedent if they don't treat a pool as they treat any other accessory
structure.
.
McCarty said he agrees with Pentel and it seems like the architect on this project did not
do his due diligence.
Lundquist, stated that their request doesn't meet the hardship requirements per se and it
looks simple but it is quite complex. He explained that they started this project two years
.
Minutes of the Board of Zoning Appeals
May 25, 2004
Page 5
ago and that they've always thought the way they were planning the addition was in
conformance with the setback requirements because they were working on information
they received from the City. He added that this is a unique situation and it should be
taken into consideration.
Sell asked if there is more than ten feet between the edge of the pool and the edge of the
existing house. Lundquist said that it varies from ten and twelve feet from the pool to the
foundation of the house.
Cera stated that the Boa
to.
Cera asked the applicants if it would work for them if they shortened
addition to 11 feet instead of 12 feet. Sell added that they could al
proposed addition to be 23 feet long instead of 24 feet. Lundqui
dimensions of the proposed addition have to do with the locaf
Pentel suggested changing just the corner of the addition w
Ron Lundquist said that they currently have a galley kitchen
change affects the cost of the project.
II.
o the pool.
Ing they
.
Cera explained that the Board needs to have a
asked the applicant to work with them. He said
would be that they could vote to deny their
to the City Council, or they could table t
come back to the Board.
grant a variance and
has a couple of options, one
could appeal that decision
the proposed addition and
Lundquist stated that if they red
variance. He added that he wa
it can't be accessed from t
s they wouldn't need to come back for a
e any concerns about the pool because
he addition if they can find a hardship to tie it
Lundquist reit
are trying to av
were wor
n of the existing interior wall is an issue and that they
gay" effect. He said that really the hardship is that they
t under what they were told by the City.
ec nded by McCarty and motion carried 3 to 1 to deny the
ue to the lack of a hardship with the lot. Pentel, McCarty and Cera
e request. Sell voted not to deny the variance request.
III.
Grimes told the board members that the Council has said that they wanted to remind
the Board of Zoning Appeals to make sure of the hardship when approving variances.
. IV. Adjournment
The meeting adjourned at 7:55 pm.
.
Ryan Urness & Ann Olberding
308 Janalyn Circle
.
04-07-15
.
See Large Size Plans and/or Survey in
Planning Department
.
.
.
Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
July 21 , 2004
To:
Golden Valley Board of Zoning Appeals
From:
Adam W. Fulton, Planning Intern
Subject:
308 Janalyn Circle (55416) (04-07-15)
Mr. Ryan Urness & Ms. Ann Olberding, Applicants
Mi. Umess and Ms. Olberding own the property and house at 308 Janalyn Circle in the North
Tyrol neighborhood. The applicants are requesting a variance from Section 11.21, Subd. 10
(A)(3)(a), in order to construct an addition to their existing one-car garage. The applicants
intend to add a 10ft. by 25 ft. stall to the existing garage to gain indoor parking and storage
space. The land north of the existing garage is relatively flat until approximately 5 ft. from the
adjacent property, where it begins to slope downwards. At the site temporary lawn stakes
indicate the property lines, remaining since the recent survey was completed.
The project requires a variance from the following City Code:
· Section 11.21, Subd. 10 (A)(3)(a), Side Yard Setbacks. City Code states that the
required side yard setback shall be 15 feet from any side yard property line for all lots
having a width of 100 feet or greater. The requested variance is for 10 feet off the
required 15 feet to a distance of 5 feet at its closest point to the side yard setback along
the north side yard property line.
A review of the City file indicates that the house was built in 1950 and that no other additions
have been made to the house since that time.
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CERTIFICATE OF SURVEY
FOR: Ann Olberding
308 Janalyn Circle
Golden Valley, MN
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Legal Description:
Lot 31, Block 6, GLENURBAN SECOND ADDITION.
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Scale: I" = 30'
o Denotes iron monument
xooO.o = Existing elevation
Bearings are assumed
Benchmark: Top'NW co'r of bottom step at end of handrail
adjacent to driveway at 300 Janalyn Circle.
N.G.V.D, 1929 adjusted elevation = 878.385 feet.
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. erb F. Lemire RLS
Milmesota Reg. No. 13349
4416 Abbott Ave. N
Robbinsdale, MN 55422
Phone: 763.537.0497
I hereby certify that this survey was prepared by me or under
my direct supervision, and that I am a duly Registered Land
Surveyor under the laws of the State of Minnesota.
Surveyed by me this 28th day of June, 2004
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1. Street address of property involved in this application:
ace, .:5k.f'..JALe 'Y t-J 4 (12L~~L/t:;
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2. Applicant: KY4N. ttf-NG~
Name
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Address
1Wo.Q1f. 2>770 1{fJ'~f.CtS~3
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Business Phone
Home Phone
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Cell Phone
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Email Address
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 befo~or after the building permit is issued.
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A brief statement 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
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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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Signature 'Of Applicant
If the applicant is not the owner of all property involved in this application, please name the
owner of this property:
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~~foWner Signature of owner
Variance Application Submittal:
The following information must be submitted by the application deadline to make a complete
application. If an application is incomplete, it will not be accepted:
~ Completed application form, including signatures of surrounding property owners.
~A current or usable survey of the property must be attached. See the handout on survey
requirements.
...".- A brief statement 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 issued.
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
surrounding property owners. This includes all properties abutting the applicant's property and directly
across the street. If on a corner, this means across both streets.
To obtain these signatures, you will need to personally visit each of these property owners, tell them
about your project (we encourage you to bring along a copy of your building plans) and have them
sign the area, below. The signature is meant only to verify that you have told them about your
project and gives them opportunity to comment.
If you have attempted to contact a property owner on two separate occasions and not found them at
home, you may simply write something to the effect "made two attempts, owner not home" and then
write their address. City staff will also send a written notice informing these property owners of the
time and place of the BZA meeting.
ote 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 object to the project. If you wish, you may comment on the project.
omments can contain language of agreeing with the project, objecting to the project or other
tatements regarding the project.
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Les & Caroline Holmberg
4501 Elmdale Road
.
04-07 -16
.
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Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
To:
From:
July 21,2004
Golden Valley Board of Zoning Appeals
Adam W. Fulton, Planning Intern
4501 Elmdale Road (55422) (04-07-17)
Les and Caroline Holmberg, Applicants
Subject:
Les and Caroline Holmberg own the property and house at 4501 Elmdale Road. The owners
request three variances from Section 11.21, Subd. 10 of the Zoning Code in order to construct
an addition to the existing one-car garage. The applicants require the additional garage stall for
indoor parking of vehicles. The lot sits on the SW corner of Elmdale and Lee. The house was
built on the eastern portion of the lot, relatively close to this intersection. Both streets are
considered front yards and are both subject to the 35 ft. setback requirement. Under such
. circumstances, it would be difficult to construct a second stall for the garage without variances.
Lee Avenue and Elmdale Road are both scheduled for the 2005 phase of the Pavement
Management Program. Both road alignment and width are scheduled to remain generally the
same after the project's completion. However, it would be difficult for any homeowner in the
area to undertake an addition during this time due to the various stages of road construction.
The project requires the following variances from 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 yard property line. The requested
variance is for 29 ft. off the required 35 ft. to a distance of 6 ft. at its closest point to the
front property line on Lee Avenue. Lee Avenue abuts the East side of the property and is
one of two sides considered front yards at this property.
· 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 yard property line. The requested
variance is for 11 ft. off the required 35 ft. to a distance of 24 ft. at its closest pointto the
front property line on Elmdale Road. Elmdale Road abuts the North side of the property and
is one of two sides considered front yards at this property.
· Section 11.21, Subd. 10 (A)(3)(b), Side Yard Setbacks. City Code states that the
required side yard setback shall be 12.5 feet for all lots having a width greater than 65 feet
and less than 100 feet. For this particular corner lot, the width is measured along Lee
Avenue. The requested variance is for 0.5 ft. off the required 12.5 ft. to a distance of 12 ft.
at its closest point to the side property line.
.
A review of the City file indicates that the house was built in 1947. Variances from the front and
side yard setbacks were granted in 1995 for the construction of a deck in the rear of the house.
Land Surveying & Engineering, Inc.
9800 SHEl.ARD P ARKWA Y MINNEAPOUS. I.IINNESOT A
1959 SLOAN PLACE ST. PAUl., I.IINNESOTA
(612) 504-1-56804-
(612) 774-6504-9
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WE HEREBY CERIFY TI-lAT TI-lIS IS A TRUE AND CORRECT REPRESENTA nON OF A SURVEY OF TI-lE BOUNDARIES OF THE
LAND DESCRIBED ABOVE AND TI-lE LOCA nON OF ALL BUILDINGS TI-lEREON. AND ALL VISIBLE ENCROACHMENTS, IF ANY.
FROM OR ON SAID LAND. TIiA T TI-lIS SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND TI-lA T J
AM A DULY REGISITRED LAND SURVEYOR UNDERTI-lE LAWS OF TI-lE STA IT OF MINNESOTA. .
'SURVEYED BY ME THIS. lJTH DAY OF JUNE 19....2..L
:? ..un.. At A j;fi~kj).i.. MINNESOTA REGISTRA nON NO. ) 5 479
42649
Job No.8 80 5 Co8 43
Book 55 Page_~
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Date:
Subject:
"Colin Bartol" <colin_bartol@hotmail.com>
<Iwittman@ci.golden-valley.mn.us>
7/20/20047:28:53 PM
Zone of Appeals -- 4501 Elmdale Road
My wife and I have concerns that the proposed garage would be a danger to
animals and children since cars could not see around it and might not be
able to stop from hitting them.
Sincerly,
Colin and Kelli Bartol
*****************************************************
Colin Bartol
System Engineer
MCSE, HP ASE
col in _ barto!@hotmail.com
(763) 458-5201
2945 Lee Ave. N
Golden Valley, MN 55422
*****************************************************
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lIey
Planning
763~593~8095 I 763~593~81 09 (fax)
Date:
July 21, 2004
To:
Golden Valley Board of Zoning Appeals
From:
Adam W. Fulton, Planning Department Intern
Subject:
6250 Wayzata Blvd. (55416) (03-06-21)
Kristine Newcomer, Junior League of Minneapolis, Applicant
^... n..~ Jun~ I')A 20"" meet:...~ ~~ th~ D~ar'" ~~ 7~...:...~ ^ ......~~I~ "'he I. ....l.~~ I ~~~..~ ~~ I\A:......~~~...~
I"'\L U 10 10 L""t, VoJ II 1I1~ VI 110 UV U VI L..VIIIII~ I"'\I-'I-'OC:II~, U I \JUII VI L...oa~uo VI IVIIlIlIt::~Vla
was granted the following variances for the expansion of the parking lot:
· 19.9 ft. off the required 35 ft. toa distance of 15.1 ft. at its closest point to the front (south)
property line for the existing building along Wayzata Boulevard.
· 0.8 ft. off the required 20 ft. to a distance of 19.2 ft. at its closest point to the west side
property line for the existing building.
· 10ft. off the required 20 ft. to a distance of 10ft. at its closest point to the east side
property line for the existing building.
· 10ft. off the required 10ft. to a distance of 0 ft. at its closest point to the east side
property line for the existing driveway.
· 8 ft. off the required 10ft. to a distance of 3 ft. at its closest point to the east property line
for the proposed new parking lot.
· 4 ft. off the required 10ft. to a distance of 6 ft. at its closest point to the west property line
for the existing parking lot.
· 1 ft. off the required 20. ft. of parking stall depth to allow for 9 feet by 19 feet parking stalls
in the Industrial zoning district.
The Junior League of Minnesota is requesting a 1-year extension of these variances. Due to
legal issues relating to easements for the new storm sewer, construction has not yet begun.
Please see the attached letter for further information.
o.
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From:
To:
Date:
Subject:
"Kristine Newcomer" <klnewcomer@mn.rr.com>
<Iwittman@ci.golden-valley.mn.us>
6/22/2004 8:01 :22 AM
Fw: varience extension
----- Original Message -----
From: Kristine Newcomer
To: Iwhitman@cLgolden-valley.mn.us
Sent: Monday, June 21,20045:09 PM
Subject: Fw: varience extension
Another try
----- Original Message -----
From: Kristine Newcomer
To: Iwhittman@cLgolden-valley.mn.us
Sent: Monday, June 21, 2004 2:29 PM
Subject: Fw: varience extension
I ic~
I-h,l"""f
Sorry for the wrong address.
Kris
----- Original Message -----
From: Kristine Newcomer
To: Iwhittman@cLgolden-vallet.mn.us
Cc: Junior League Minneapolis; walker1@mn.rr.com
Sent: Monday, June 21, 2004 10:20 AM
Subject: varience extension
Lisa,
I am writing to ask for an extension of our variance for the parking lot for the Junior League of Minneapolis
located at 6250 Wayzata Boulevard. Our variance is set to expire on June 24th, 2004 and we would like
an extension since we are still working out legal issues related to the easements for the new storm sewer
and the storm sewer maintenance agreement. We hope to resolve these soon so we can begin
construction.
Thank you,
Kris Newcomer
Junior League of Minneapolis