10-26-04 BZA Agenda
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Board of Zoning Appeals
Regular Meeting
Tuesday, October 26, 2004
7pm
7800 Golden Valley Road
Council Chambers
I.
Approval of Minutes - September 28, 2004
II.
The Petitions are:
4841 Killarney Drive, 55422 (04-10-26).
Douglas W. Day, Applicants
Request: Waiver from Section 11.21, Subd. 11 (E) Accessory Structures
. 130 sq. ft. more than the allowed 1,000 sq. ft. for a total of 1,130
total sq. ft. of accessory structure space.
Purpose: To allow for the construction of a detached 2 stall garage in the back
yard.
III. Other Business
A. 1601 Gettysburg Ave. N. - Request for a second one year extension for
variances originally granted in October of 2002.
B. Discuss rescheduling the November 23, 2004 BZA Meeting
IV. Adjournment
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
DRAFT
September 28,2004
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
September 28,2004 in the Council Chambers, 7800 Golden Valley Road, Golden
Valley, Minnesota. Chair Cera called the meeting to order at 7 pm.
Those present were Chair Cera, members Duff, McCarty and Sell and Planning
Commission Representative Keysser. Also present were Planning Intern Adamfulton
and Recording Secretary Lisa Wittman.
I. Approval of Minutes - August 24, 2004
MOVED by Sell, seconded by Keysser and motion carried unanimously to approve the
minutes from the August 24, 2004 meeting as submitted.
II. The Petitions are:
535 Janalyn Circle, 55416 (04-9-23)
Chuck & Martha Moline, Applicants
Request: Waiver from SectIon 11.21, Subd. 10(A)(1) Front Yard Setbacks
· 1.36 ft.()ffther~quired 30 ft. to a distance of 28.64 ft. at its
c1osestpointto the front yard property line along Janalyn Circle.
Purpose: To allow for the construction of an open front porch.
Request: Waiver from Section 11.21, Subd. 10(A)(1) Front Yard Setbacks
· 3.03 ft. off the required 35 ft. to a distance of 31.97 ft. at its
closest point to the front yard property line along Janalyn Circle.
Purpose: To allow for the construction of a garage addition.
Request: Waiver from Section 11.21, Subd. 10(A)(3)(a) Side Yard Setbacks
· 2.01 ft. off the required 15 ft. to a distance of 12.99 ft. at its
closest point to the west side yard property line.
Purpose: To allow for the construction of a garage addition.
Fulton stated that the applicants are proposing to build a significant addition which
requires two variances from front yard setback requirements and one from side yard
requirements.
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Minutes of the Board of Zoning Appeals
September 28, 2004
Page 2
Cera asked how big the proposed garage would be. Fulton said the proposed garage
would be approximately 24 feet wide and 31 feet deep. He said that the existing garage is
about 20' x 21' and that the applicants have said that it is hard for them to get their cars
in the garage.
Chuck Moline, Applicant stated that their first priority is to widen their garage because
right now it is only 18.5 feet wide. Their second priority is to expand the depth of garage
for storage and their third priority is to put the cover over the front steps.
Cera asked the applicants what they feel their hardship is regarding t~eir property. Moline
stated that the house sits too close to the front and side yard propertylines to allow for a
reasonably sized garage.
Martha Morgan, Applicant, stated that the garage was expanded slightly in the past but
that it is still really a one car garage.
McCarty asked the applicants to explain the proposedJagade. Moline explained how the
gables would look and said they would match the main house.
Cera asked the applicants why they are proposing that the garage addition come three
feet out toward the front. Morgan stated that the additional three feet will allow for a
mudroom in the rear and nice clean lines across the front of the house. Sell said he
thinks it makes sense to go out an ~xtrCl. three feetinorder to make it look symmetrical.
Cera suggested lining the proposeq8q.dition up.with the existing front of the home in
order to have less of a vari<3nce.~oq;Jan said doing that would change the whole design.
Moline asked the Board ifJhey would be voting on each of the variance requests
separately or if it is all or nothing.iCera said they could separate each of the variance
requests.
Keysser asked ifJhe neighborto the west had any comments regarding the proposal.
Morgan said they are absolutely fine with the proposal.
Cera opened the publichearing. Seeing and hearing no one Cera closed the public
hearing.
Cera asked about the width of the mudroom addition. Morgan said it is 11}'2 feet wide.
McCarty asked where the mudroom is going to be located. Moline referred to the plans
and pointed out the mudroom location. Morgan stated that after the garage addition is
done they will have enough room in front of their vehicles for their garbage cansand lawn
mower.
Keysser asked the applicants why they weren't proposing to build the garage addition
toward their rear yard. Moline said they aren't proposing to build further back because
they want the garage to line up with the back of the existing house.
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Minutes of the Board of Zoning Appeals
September 28,2004
Page 3
Cera noted that the proposal was incorrectly drawn on the survey that the Board
Members received. Moline explained the correct dimensions of the garage addition.
Cera suggest~d spitting the variances and voting on them separately.
MOVED by McCarty, seconded by Keysser and motion carried unanimously to approve
the request for 1.36 ft. off the required 30 ft. to a distance of 28.64 ft. at its closest point
to the front yard property line along Janalyn Circle to allow for the construction of an open
front porch. FINDINGS OF HARDSHIP - The Board decided that the existing house is
too close to the property line to begin with and that they have been encouraging open
front porches.
MOVED by Sell, seconded by Keysser and motion carried 3 to 2to approve the r~quest
for 3.03 ft. off the required 35 ft. to a distance of 31.97 ft. at its closest point to the front
yard property line along Janalyn Circle to allow for the construction of a garage addition.
Members Duff, Keysser and Sell voted in favor of the variance req II est. Members Cera
and McCarty voted against the variance request. FINDINGS OFHARDSHIP - Without
this variance the applicants would have a minimal-sized garage.
MOVED by Sell, seconded by McCarty and motion carried unanimously to approve the
request for 2.01 ft. off the required 15 ft. to.adistance of 12.99 ft. at its closest point to
the west side yard property line to allow for the construction of a garage addition.
FINDINGS OF HARDSHIP - Without this variance the applicants would have a minimal-
sized garage.
301 Westwood DriyeNorth,55422 (04-09-24)
Ivan & Tina Rafowitz. Applicants
Request: lNaiver from Section 11.21, Subd. 10 (A)(1), Front Yard Setbacks
· ltft. offthe required 35 ft. to a distance of 24 ft. at its closest
point to the front property line along Loring Lane.
Purpose:
To allow for the construction of a garage and home addition.
Due to a potential conflict of interest, Cera recused himself from discussion of this
proposal and Sell continued the discussion as Chair.
Fulton stated that the applicants are requesting 11 feet off the front yard setback
requirement in order to build a 3 stall garage with living space above. He stated that the
property is unusually situated on Loring Lane and that the home is unusually situated
on the lot as well.
Keysser asked about the existing addition on the west of the home. Ivan Rafowitz,
Applicant, stated that it is the bedroom addition which was built in 1999. He explained
that they are planning on remodeling the whole house including raising the living room
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Minutes of the Board of Zoning Appeals
September 28, 2004
Page 4
floor and roof, re-doing the kitchen and expanding the existing garage, because it is
very small.
Sell asked the applicant how deep the proposed garage will be. Mr. Rafowitz said it will
be about 20 feet deep which he feels is minimal. Sell asked what would happen to the
back end of the existing garage. Mr. Rafowitz said it would be used for storage.
Sell noted that this house has a Westwood address, but that it is really sited to Loring
Lane.
Mr. Rafowitz stated that this is a very irregular lot and that they have nowhere else on
the lot to build. He said that they are planning to put a half a million dollars into this
house.
Tina Rafowitz, Applicant said it is a hardship for them to have to mOve a Gar out of the
garage to take the garbage cans out. Also, they have had damage to the tailgate of
their SUV from hitting the top of the garage door because ifistoOlow.
Sell asked how old the house is. Mrs. Rafowitz stated it was built in 1957. She added
that the house next door has a 3-stall garagf3 that comes closer to the street then what
they are proposing.
Mr. Rafowitz said that their house really stands alone and that it really can't be
compared to any other homes in the area.
Keysser asked whatwould be builtabove the new garage. Mr. Rafowitz said it will be
an office.
McCarty asked the applicants if they have any elevation sketches. Mr. Rafowitz said
they did not.
Keysser stated that. the proposal would have a lot of additional height. Mr. Rafowitz said
the height would .match thf3 existing back portion of the house.
McCarty suggestf3d that the applicants adjust the roof on the inside of the garage. Mr.
Rafowitz said his concern is that the existing garage is too small. He said that the
addition won't look out of place and that the neighborhood can support it. He said that it
won't be able to be compared to any other house and that it is good for the
neighborhood. He said the hardships are the irregular shape of the lot, the small garage
and that they are on a hill.
Keysser explained the dilemma the Board has is that the lack of a third garage stall is
not a hardship. Mr. Rafowitz agreed, but said it is an irregular lot and there is no where
else to build.
McCarty suggested that one way to minimize the variance request would be to extend
the existing 2 car garage.
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Minutes of the Board of Zoning Appeals
September 28, 2004
Page 5
Mr. Rafowitz said the way the project is being proposed is the only way that makes
sense.
Duff said there is a hardship with the irregular shape and topography of the lot.
Mrs. Rafowitz said in her day to day life the size of their existing garage is a hardship
and it is also a safety issue.
Sell pointed out that the lot does have terrain issues and 35 foot setbacks everYwhere
else. He said that the addition is really in being proposed in the side yard from a
practical standpoint.
Duff said that the character of Loring plays into it and it is hcl'rd to. say that the proposal
would impact the neighborhood.
Keysser asked if there would be any logic in separCitin9 this vCiriance request into two
requests. Fulton said they would be granting the~ame 11foot variance along Loring
Place either way.
Sell opened the public hearing. Seeing hearing no one, Sell closed the public hearing.
MOVED by Keysser, seconded by..ty1cCartYCind motion carried unanimously to approve
the request for 11 ft. off the required 35ft. tOCi~istance of 24 ft. at its closest point to
the front property line along Loring<Lant3to allow for the construction of an addition.
FINDINGS OF HARDSHIP.....lrrt3gularshape and topography of lot.
855 Hanley Road, 55426 (04-09-25)
Scott Thuleen, Applicant
Request: Waiver from Section 11.21, Subd.10(A)(1), Front Yard Setbacks
-16 ft. off the required 35 ft. to a distance of 19 ft. at its closest
point to the front (south) property line.
Purpose:
To allow for the construction of a garage addition.
Fulton reviewed the applicant's request for a variance from the front yard setback
requirement. He stated that the property is located at Hanley Road and Wayzata Blvd.
and explained how ten feet of the applicant's property was taken on Wayzata Blvd. for
the 1-394 project which changed the setbacks and affected the homeowner's options. He
explained that there is a corner visibility code violation on this property and said there are
shrubs that need to be removed before a building permit could be issued. He said that
due to the shape of the lot and the way the home is situated that it would be hard to build
the addition elsewhere.
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Minutes of the Board of Zoning Appeals
September 28, 2004
Page 6
Scott Thuleen, Applicant, stated that his hardship is that ten feet of his property along
Wayzata Blvd. was taken about 12 years ago for 1-394. He added that without the taking
he would really only be asking fora six foot variance. He stated they are proposing to
make their home completely handicap accessible for their son by installing a wheelchair
lift in their garage and on their stairs. He said that families with handicapped children
often have more equipment and therefore need more storage. He showed the Board
pictures of his property and explained that the proposed garage addition would be
located completely behind existing bushes. He referred to the bushes thatar~pausing
the corner visibility issue and stated for the record that they were added as a part of 1-394
project by MnDOT, not by him.
Cera asked about the proposed new garage dimensions. Thuleen saidthe total width
would be 35 feet. He showed elevations and a floor plan and discussed the.platform and
lifts.
Cera opened the public hearing.
Tina Rafowitz, 301 Westwood Drive N., stated that they are in favor of the proposal.
Seeing and hearing no one else wishing to spe(3k. Ceraplosed the public hearing.
Duff said that in regard to disabilityjl3~ues,.itisthepolicy of the State to accommodate
these types of situations when thel1eighborhood isn't being substantially changed.
Sell stated that he would like the. Jecord to show that the variance request isn't really for
16 feet off the required 35 feet because of the taking it would really be 6 feet off the
required 35 feet.
MOVED by Keysser,secoQqed by Sell and motion carried unanimously to approve the
request 16 ft. offJhe required 35 ft. to a distance of 19 ft. at its closest point to the front
yard (south) property line to allow for the construction of a garage addition. FINDINGS
OF HARDSHIP.- MnDOT's taking of 10 feet along Wayzata Blvd., it's a corner lot, the
applicants need handicap accessibility and the garage will still be a two car garage.
2136 Orchard Avenue North, 55422 (04-09-26)
Lois Sjogren, Applicant
Request: Waiver from Section 11.21, Subd. 10(A)(3)(a) Side Yard Setbacks
. 12 ft. off the required 15 ft. to a distance of 3 ft. at its closest
point to the south side yard property line
Purpose:
To allow for the construction of a garage addition.
Minutes of the Board of Zoning Appeals
September 28, 2004
Page 7
. Fulton stated that the home is long and narrow, is unusually situated on the lot and was
originally constructed with a one car garage. He said the applicant's proposal is to
extend the existing garage to the south in order to add a second stall.
Keysser referred to the survey and said that there are two sections of garage shown
and asked if it was going to be a tandem garage. Fulton said he didn't know if it was
going to be a tandem garage but that there are no issues with the rear yard setback
requirements so she could build the garage deeper without requesting a variance from
the rear yard requirements.
Lois Sjogren, Applicant, stated that she currently has a one-car garage and she can't
get her car in it. She said she only wants to build out four feet to.ward the rear yard and
not 20 feet as she originally requested.
Richard Lindahl, representing the applicant, explained that they are proposing to add a
garage stall on to the existing single car garage, ratherthan tearing doWn the existing
garage to build a two car garage. Keysser askedir.itWQLlldbeppen between the two
garage stalls or if there would be a wall between them. Sj~gren selid there would
probably be an opening between the two stalls.
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Cera explained that the Board prefers to keep side yard .additions at least five feet away
from the property line. Sjogren said she would riot have enough room to build a second
garage stall and stay 5 feet from th~propertyHne.
Cera opened the public hearing.
Barry Sullivan, 2075 Ordway, stated thathis lot aesthetically faces the applicant's lot
and that all of his living area faces her lot He said that she could stay 5 feet away from
the side yard property line if she tore down the existing one stall garage and rebuilt a
two stall garage rather thal1just adding on the second stall. Sjogren said that would be
cost prohibitive.
Sullivan aSK~d.ifthere.we~e any elevations or drawings that show how the drainage
would wo{k.Lil}dahlsqig he didn't have any elevations but he explained how the
drainage from the new garage stall would work.
Seeing and hearing no one else wishing to speak, Cera closed the public hearing.
Cera asked the applicant if she would be amenable to moving the existing gutter to the
other side of the garage in order to direct some of the water away from Mr. Sullivan's
property. Sjogren said that would be fine.
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McCarty said he is concerned about how close the proposed garage would be to the
property line.
MOVED by Keysser, seconded by Sell and motion carried 4 to 1 to approve the request
for 12 ft. off the required 15 ft. to a distance of 3 ft. at its closest point to the south side
Minutes of the Board of Zoning Appeals
September 28, 2004
Page 8
. yard property line to allow for the construction of a garage addition. They asked that the
gutter be moved from the right side of the garage to left or away from the property to
the south. McCarty voted against the variance request. Cera, Duff, Keysser and Sell
voted for the variance request. FINDINGS OF HARDSHIP - The way the house is
situated on the lot, and the fact that the existing garage has only one stall.
III. Other Business
Keysser stated that the Planning Commission elected him as their Chair. He introduced
Cathy Waldhauser as the new Vice Chair and said that she would be attending the BZA
meetings in the future as the Planning Commission representative.
IV. Adjournment
The meeting was adjourned at 8:35 pm.
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Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
October 22,2004
To:
Golden Valley Board of Zoning Appeals
From:
Adam W. Fulton, Planning Intern
Subject:
4841 Killarney Drive, 55422 (04-10-26)
Douglas W. Day, Applicant
Douglas Day owns the house and property at 4841 Killarney Drive. He has petitioned the
Golden Valley Board of Zoning Appeals for a variance from the Single-Family Residential
Zoning District of the City Code. The requested variance is from Subdivision 11, "Accessory
Structures." The applicant proposes to build a two car detached garage to the rear of his
house. When taken together with the existing garage, the new garage will raise the total
amount of garage area to 1,130 square feet. Subdivision 11 (E) of Section 11.21 allows only
1 ,000 square feet of Accessory Structures, including attached and detached garages.
The existing house includes an attached 3-car garage. The applicant has cited the fact that
because of the existing configuration of an office and closet abutting the attached garage,
spatial difficulties often prohibit parking three cars in the garage.
A building permit was issued for this project prior to the discovery that the detached garage
would breach the size limit for accessory structures. The area calculation for the existing
attached garage was complicated by the fact that the abutting office and closet jut into the
garage. Construction was halted upon the discovery of this error. During staff observation it
was noted that the site has been graded and that the molds to pour the footings or slab are in
place; however, no concrete has yet been poured. The proposed structure meets all setback
requirements.
The existing property abuts the Union Pacific railroad corridor running through Golden Valley.
The rear (south) portion of the lot rises sharply at the property line. There is a 5 foot
easement from the south property line. The applicant's property features a chain link fence
around the rear property line, restricting access to the hill and rail bed above. The topography
in this case does not present a hardship to the existing or proposed structure. Additionally,
the railroad corridor was in place many decades prior to the platting of this section of the City.
The project requires a variance from the following Section of City Code:
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· Section 11.21, Subd. 11 (E). City Code states that each property is limited to a total of
1,000 square feet for all accessory structures, including attached and detached
garages. The requested variance is for 130 square feet off the maximum 1,000 square
feet for the purpose of constructing a detached two-car garage.
A review of the City file indicates that the house was built in 1977. In 1988, a variance was
granted to a previous owner for the construction of a deck addition. This variance involved
the front yard setback. Four feet were requested off the required 35 feet to a distance of 31
feet from Killarney Drive. The hardships cited in this case included the unusual configuration
of the lot, the topography of the site, and the dead end of Killarney Drive. No other additions
have been made to the house since that time.
It is noted that this property sits at one end of Killarney Drive which terminates at the west
property line of the applicant. Killarney Drive features a single access from Ottawa Avenue
North and is isolated from the rest of the City by its distinct borders. The Union Pacific
railroad corridor isolates the area from the south, and Sweeney Lake isolates the area from
the north. There is no way to reach Killarney Drive without passing over the Union Pacific
railroad tracks.
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City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1. Street address of property involved in this application:
,48fl J(lttA.-RNtl !>K. II &i-jIJYE:N "I4U-t::~ ~'5S-4.z...z
2. Applicant: 1)O()6LAS \IV. DP,y
Name
494 f jL 1 LLAI< 1\j.E Y DR:.
Address
G:Jt..bsN VA- L-Lt- '1~ M/J 55
City/State/Zip
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Business Phone Home Phone
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61~ ROZ55Z4-
Cell Phone
Detailed description of building(s), addition(s), and alteration(s) involved in this petition. The site
plans and drawings submitted with this petition will be the basis of any variance that may be
approved and cannot be changed before or after the building permit is issued.. .. . I ,}.. ;:;ftf:: S6T." '"
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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.
5.
.
6. 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
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.
2.. 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.
.Ilote to surrounding property owners:
~is 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.
Comments can contain language of agreeing with the project, objecting to the project or other
tatements regarding the project.
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vat & Cindy Levey
1601 Gettysburg Avenue North
Golden Valley, MN 55427
(763)542-8839
October 16, 2004
Mr. Dan Olson/City Planner
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Dan:
Due to extenuating circumstances and additional medical problems (shoulder surgery,
three stints placed in my heart and a ruptured disk in my neck) I am forced to request a
one-year extension of the variance I was granted on October 31st, 2003.
Our addition plans are completed and we wish to proceed. The project and its' upgrades
will spur additional improvements by others in our older neighborhood. I thank you for
your support and consideration.
Sincerely,
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Val and Cindy Levey, . ~
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Val and Cindy Levey
.1.6Ql Gettysburg Ave N
Ooiden'VaHey, MN 55427
CoI 2-701- Sl.a J ~
October 8, 2003
Dan Olson! City Planner
City of Golden V a11~y
7800 Golden Valley Rd
Golden Valley, MN 55427
Dear Dan:
Due to unforseen circumstances (female surgery for my wife requiring 3-4 months of
convalescing and a. shoulder injury sustained by myself) I am forced to request an extension of
the variance) was ,granted on October 21, 2002 (then extended to October 31, 2003) until
October 31, 2004.
We were in the process of submitting documents for pennit.;;, hut will be forced to temporarily
hold off on the addition! remodeling project. We thank you all for your help and understanding.
Sj~J~~l~, I~'\ ('
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