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11-23-04 BZA Agenda e Board of Zoning Appeals Regular Meeting Tuesday, November 23, 2004 7pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes - October 26, 2004 II. The Petitions are: 1865 Hampshire Lane, 55427 (04-11-27) Land Imaaes, Inc., Applicant - Donald & Julie Harris, Homeowners Request: Waiver from Section 11.21, Subd. 1 0(A)(1) Front Yard Setbacks . 14.9 ft. off the required 35 ft. to a distance of 20.1 ft. at its closest point to the front property line along Louisiana Avenue North for the existing house and for a second story addition. Purpose: To allow for the construction of an addition to the home. Request: Waiver from Section 11.21, Subd. 10(A)(3)(a) Side Yard Setbacks e . 1.2 ft. off the required 12.5 ft. to a distance of 11.3 ft. at its closest point to the side yard property line for the existing house and second story addition Purpose: To allow for the construction of an addition to the home. Req uest: Waiver from Section 11.21, Subd. 10(A)(3)(a) Side Yard Setbacks . 8.6 ft. off the required 12.5 ft. to a distance of 3.9 ft. at its closest point to the side yard property line. Purpose: To bring the existing deck into conformance with setback requirements. 300 Louisiana Avenue North, 55427 (04-11-28) Riva & Craig Kupritz, 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 e to the side (north) yard property line. Purpose: To allow for the construction of a garage addition. e 621 Turnpike Road, 55416 (04-11-29) Mark Szainer, Applicant Request: Waiver from Section 11.21, Subd. 10(8), Height Limitations . 1/2 story more than the allowed 2 1/2 stories for a total of 3 stories. Purpose: To allow for the construction of an addition above the existing garage. Request: Waiver from Section 11.21, Subd. 10 (A)(1), Front Yard Setbacks . 4.3 ft. off the required 35 ft. to a distance of 30.7 ft. at its closest point to the front yard property line along Turnpike Road. Purpose: To allow for the construction of an addition above the existing garage. Request: Waiver from Section 11.21, Subd. 10 (A)(3)(a), Side Yard Setbacks . 2.9 ft. off the required 15 ft. to a distance of 12.1 ft. at its closest e point to the side (east) yard property line. Purpose: To allow for the construction of a garage addition. 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 side (north) yard property line. Purpose: To bring the existing swimming pool into conformance with accessory structure requirements. 5940 St. Croix Avenue (04-11-30) Patrick & Kim Kane, Applicant Request: Waiver from Section 11.72, Subd. 3(A)(1), Height Limitations . 2 ft. higher than the 4 ft. maximum height limit for a 6 ft. high fence in the front yard. e Purpose: To allow for the construction of a 6 ft. high fence for a length of 40 ft. in the front yard. 2 e e e III. Other Business A. Discuss changes to the Variance Application Form (Dave Cera) B. Discuss rescheduling the December 28, 2004 BZA Meeting. IV. Adjournment 3 J Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals . October 26, 2004 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, October 26,2004 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 P Commission Representative Waldhauser. Also present were Director Development Mark Grimes and Recording Secretary Lisa Wittman, I. Approval of Minutes - September 28, 2004 MOVED by Sell, seconded by Duff and motion carried unani September 28, 2004 minutes as submitted. II. The Petitions are: Request: a. 11 (E) Accessory Structures an th allowed 1,000 sq. ft. for a total of 1,130 essory structure space. Purpose: e construction of a detached 2 stall garage in the back and pointed out the location of the property. He t has an existing three stall garage and would like to construct in his back yard. He said that the applicant did receive a stall garage, but was told at one of his inspections that he for a variance in order to go forward because he was building more t;'600 square feet of accessory structure space. Waldha ed if this was normally something that would have been checked sooner in the inspections process. Grimes said that the inspectors don't always know the exact dimensions of existing accessory structures but they do inform people of the 1,000 square foot limit. . Douglas Day, Applicant, stated that he came to the City approximately 3 % weeks ago to get a building permit to allow for a detached two car garage. An inspector did ask him the size of his current garage but he did not have the exact measurement when he came in. However, he thought the garage was about 600 square feet in area. He explained that he has a problem with his three stall garage because his office and foyer ex~end into the garage footprint so it isn't actually a full size three stall garage. He said that the inspector ; Minutes of the Board of Zoning Appeals October 26, 2004 Page 2 . told him that it sounded like there wouldn't be a problem with the proposal exceeding the 1,000 square foot limit. Cera asked the applicant if there is a hardship specifically with the property itself. Day said it is a unique Jot and that the owners prior to him needed to get a variance for the deck. Cera asked the applicant how he would access the proposed garage. Day said that there is a double gate and that he would just go over the grass and would no install another driveway. Sell referred to the r thinks it is in th other things insi Departm get the he is pro Cera referred to the survey and asked if a tree would need to b d no. Cera asked the applicant if he had considered pushing the D~~, out in order to get more storage space instead of addi~.~ anot~fr g because of the roof lines and the need to hire an engi '>.. . \~*, Id b expensive and difficult to add on to the existing ga Waldhauser asked the applicant if he could ma Cera noted that the proposed garage dim . the smallest a two car garage could go. go beyond the 1,000 square foot limit. ed two stall garage smaller. by 20 feet which is about was no malicious intent to . Duff asked if the location of the purchased the house. Day said property is the same as when he McCarty asked if footing just the forms are in plac n poured for the proposed garage. Day said in the R-1 section of the zoning code and said that he ." anguage to try to get people to put their boats and ge."'He said rightly or wrongly, someone in the Inspections ant a building permit. He said that people have to look hard to o see this proposed garage and he has no problem with where ough what Sell said is compelling, he is having a hard time finding the and that there is not a problem caused by the shape of the lot. McCarty said he agrees with Duff and also does not see a hardship. He asked about the City's liability in issuing a permittor this garage in the first place. Grimes said that the applicant told the Inspections Department that he thought his existing garage was approximately 600 square feet and they took him for his word and then when it was actually measured and inspected they realized there would be more than 1,000 square feet of accessory structures on this lot and a variance would be required. . ~ Minutes of the Board of Zoning Appeals October 26, 2004 Page 3 . Waldhauser asked what the City's concern is regarding the limit on accessory structure space. Grimes explained that the City doesn't feel that having over 1,000 square feet is necessary and that in some cases garages can become bigger than the home. He said that in the past large garages haven't always been used for storage space, but have been used for businesses and other types of uses. He added that the City Council specifically added language to the code regarding the 1,000 square foot limit for accessory structures. . Cera said this would be the perfect case for the City Council to addres limitation on accessory building space and the desirability to screen MOVED by Sell to approve the applicant's request for 130 sq. 1,000 sq. ft. for a total of 1,130 total sq. ft. of accessory stru t due to the lack of a second. MOVED by Waldhauser, seconded by McCarty and mo' request for 130 sq. ft. more than the allowed 1,00 accessory structure space due to the lack of a h to deny the I of 1,130 total sq. ft. of Day said he doesn't understand why the B neighbor signed the application in favor is request when every Duff referred to the state statutes 'anguage regarding hardships. Grimes explained the appeal r III. A. . - Request for a second one year extension for nted in October of 2002. that the state of affairs may have changed since the time ranted. :~.proving the extension for one more year but after that the applicant -apply. MOVED by II, seconded by Waldhauser and motion carried unanimously to approve a one year extension for the variances granted to 1601 Gettysburg Avenue North in October of 2002. . IV. Adjournment The meeting was adjourned at 7:50 pm. . 04-11-27 1865 Hampshire Lane . Land Images, Inc., Applicant Donald & Julie Harris, Homeowners . . . . Planning 763-593-8095 I 763-593-8109 (fax) Date: November 19,2004 To: Golden Valley Board of Zoning Appeals From: Adam W. Fulton, Planning Intern Subject: 1865 Hampshire Lane, 55427 (04-11-27) Land Images, Inc., Applicant - Donald & Julie Harris, Homeowners Donald and Julie Harris own the property and house at 1865 Hampshire Lane. They have contracted the services of Land Images, Inc., who will be responsible for the design and construction of the proposed improvements to their house. The applicant is requesting three variances from Section 11.21 of the City Code. The applicant is proposing the construction of an addition to the second story of the home, a porch, and an addition to the existing garage. The applicant has provided numerous drawings of the proposed construction, including building floor plans and elevations. All requested variances will serve the purpose of bringing the existing structures into compliance with the Zoning Code. No variances are requested that exceed the home's existing footprint. The homeowners received two variances for an addition to their home in September of 2003. These variances have now expired without the completion of any work on the home. No application was made for any building permits in the past year. At the time of application for the variances, the homeowners intended to remove the existing deck. At the present time, a variance is requested to bring the existing deck into compliance. The addition of the deck is the only addition to the variance application as compared to the application made in September of 2003. The requested variances from the side yard setback are different than would have been requested in September of 2003. At that time, the revisions to the Zoning Code had not yet been completed. Since those revisions, the Zoning Code now allows a lesser side yard setback for lots with a width of less than 1 00 feet, changing the distance requested in the variance. The distance of the requested variance from the front yard setback along Louisiana Avenue remains the same. The City had an existing survey on file, so none was required. The applicants have emphasized two hardships commonly recognized by the Board: first, the current structure is cited in an unusual location on the lot, perhaps due to different setback requirements at the time it was built. Second, the lot in question is a corner lot, with frontages on Hampshire Lane and Louisiana Avenue. After a preliminary review by staff of the proposed plans, the applicant was willing to make changes to the construction plans to eliminate the need for an additional variance. The preliminary plans showed the garage addition extending within 30 feet of the property line along Hampshire Lane. As presented, the plans are now outside of the required 35 foot setback from Hampshire Lane. . . . , The project requires variances from the following Section of City Code: . Section 11.21, Subd. 10 (A)(1), Front Yard Setbacks. City Code states that the required minimum front yard setback shall be 35 feet from any front yard property line along a street right-of-way. The requested variance is for 14.9 feet off the required 35 feet to a distance of 20.1 feet at its closest point to the front yard setback along Louisiana Avenue North for the existing house and for a second story addition. . Section 11.21, Subd. 10(A)(3)(a), Side Yard Setbacks. City Code states that for all properties with a width between 65 and 100 feet, the side yard setback shall be 12.5 feet. The width of this property is 95 feet. The requested variance is for 1 .2 feet off the required 12.5 feet to a distance of 11.3 feet at its closest point to the eastern side yard property line for the existing house and second story addition. . Section 11.21, Subd. 10(A)(3)(a), Side Yard Setbacks. City Code states that for all properties with a width between 65 and 100 feet, the side yard setback shall be 12.5 feet. The width of this property is 95 feet. The requested variance is for 8.6 feet off the required 12.5 feet to a distance of 3.9 feet at its closest point to the eastern side yard property line for the existing deck. This variance will bring the existing deck into compliance with setback requirements. A review of the City's address file indicates that the house was built in 1955. No additions to the house have been made since that time with the exception of the deck that was built without a building permit or variance. City of Golden Valley Board of Zoning Appeals (BZA) Zoning Code Va'riance Application 1. Street address of property involved in this application: \ ~<O5 ,""~\M.~"?>,^-\f€- \.....nN CL 2. Applicant: L-a.~1:4A o..Oj~~ I~. (\)~~ ~~ -+ ~ .Jul,,,,- \Al>..Vt lS ~~ \'c:!.e.1Ac.<0 Name ~S\- 4~ l. -Stol.t<4 Business Phone --"~s\'\U.~f:~ I Mt-l. ,.550'"3:6 ( City/StatelZip {<;~~ ") l.c51-'O~O-oS?>' Home Phone <o'S l-"60~""'~6'2..0_. Cell Phone \ "2...."'2...;;~ \ L.o -tk b+. 'SD. Address l C\ ~d t Lv\. o...~ e.s. @.. \..U ~ N .. e..o w\ Email Address 3. Detailed description of bulldrng(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. SE'-~o\a.J ~b(,'j Ma~~\bt-\ , ~~.('ck " ~~Q.:rel..~~ E""~~~~\ot--\ +-0 a.M , ' , ~l I \2. )(\ b t llA, ~ ~ r lAC, L.-L r'2... , 4. 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 ('E>~ A:TT~t\ E.~,.") 1+~r'\~ ~ \?:. c..~'N<L\: \o~. ~ Q v...~re."~ ~~v..c.:\UIf'e... e.:(\''lSt\'\.A~ l s tAo--\-- tL'L+L~~t4 ('l..\,""f~~-\- $.~+bo..ck~ ~OU"@f~~J. \c~-\lA.e.. ('\~a ~r-e\.)\OUS \Jo..'dCtNc..e... wo..~ ~~n:>ue..d ~N ~~t. ~6~, "?..C$::>O. ~ \A.c...~ e~{" e:J" 5. 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 wrthin one year, the varian.ce expires. ~--~~~. . n 01 ~ pplicant - 17/;:>'.-1 )~l=l'n"l ~;../n I (T':l7T,HT"I':l.-lC:: IAI.-I~i=' ~ 17 171il1il;:> . );:>. I "In 6. If the applicant is not the owner of all property involved in this application, please name the owner of this property: . 1)~t-\ +-...~ v.. \ l E... ~6.. 'f '(' \ ~ Print Name of owner Signature of owner Variance Application Submittal: The following infonnation must be submitted by the application deadline to make a complete application. If an application is incomplete, it will not be accepted: ~ -X. Completed application form, including signatures of surroundi~ property owners. A current or usable survey of the property must be attached. See the handout on survey requirements. C '~~ v \ seA. 5LAro C2.'j E \At. \os<2.cl . ~ s' 5-e.+ 'bou:.k 614 (J;,o.~<3e:.:') A brief statement of the reasons, necessity, or hardship which provide grounds for the grantihg of this variance (see Frequently Asked Questions for an explanation of a "hardshipll). 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 befo~ or after the building permit is issued. C "?Q..\'~ o...\.l'~~'J Variance application fee, as follows: $50 - single family residential; $150 - other ~ 2L ~ 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 an 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 comrnent .' 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 tl?en write their address, City staff will also send a written notice informing these property owners of the '. time and place of the BZA meeting. Note to surrounding property owners: is is an application by your neighbor for a variance from the City Zoning Code. Please be aware of ny 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. 17/F',-l H.R'()f-J .f>-ln I ([~7T"'HTI~rlC:; l.Jrl~F : ~ ~lillil;::> . );::>. Iln . . . ~ / /1 / / / / / ,/ i ~' jI' Jl1-'f i-:' ~ ~<U., t),' .;,0' 000' ~~ "'..... ~.,. , (A," I .~ ~ 0, "l/Q ..t.." '8''''', SO", . St:' ~. :- ,..,0 tlil v..~ 0'(0 ~ot' ~ , "'. . I I NO.94. I *---- . .. ~ -~ ~I:~>f..., .u_. --, -- JOB . . . AD"'/ilvCE SUR"/EFliVG & E-'l\rG"lINEERIIVG CO.' 5JOO S I h\\ No 101 !\1inl1ctonb, l\1N 5,:;3-1-'\ Phonc (6121 -174 7lI6-1 rax (b 12) 474 X167 S!LR~E)~J;()K DON/-~LD JIARRIS ~I.lRYEYJ:.::D, August] ,1994 l21Z/\UEI2c August 9, ] 994 l,LG!\I".DESCRLPT I QrL Lot I" Block I, HAMPSHIRE OAKS SECOND ADDITION, Hennepin County, lVlinnesOla and Tract A, Registered Land Survey No 645, Hennepin County, ~'Iinnesota .LIr1ITATIONS: We have surveyed the above described property which the client claims to own or appears to own from various government records We make no representation that the client docs in C'1ct own the property nor that a sear:ch of the records has been made to determine the extent and nature of his holdings If there is any doubt concerning the accuracy of the legal description, competent legal counsel should be retained to perform a title search and issue a title opinion tl)!" our llse ill preparing the survey We show only those casements which the client int()rms LIS of 01' which \ve happen to become a\\lare of through other sources The survey shO\vs only those improvements \vhich are visible and which we deem important. ~L\~I?A.!ilL'iY.MnOLS_& CONYJ;NJ],QNS: "0" Denotes 112" ID pipe with plastic plug bearing State License Number 9235, set, if "0" is tilled ill, then dCI1(ltes fl)und iron monument (l~RT11::1.C~\.T.IQJ:L. I hereby ccrtit\' that this survey was prepared by me or under my direct superVISion and that I am a i'i,;j(:.~sidH,j; En;:;ii\l:t:f and a Proiesslunal Surveyor under tile Laws of the State of!\finnesota --..d~k~~~~_ t!~ . . , Jan/es H Parker PE \ ' . :tir:...\~7~",:,~__.._________,..,__ & PS No 9235 ( XI ~ /~ SCALE ONE INCH EQUALS 20 FEET . ..... , ~JACOBSEN ~ ~ ~ ~~~)I ft. g v !:!l JACOBSEN 19 . / / " " I' "N lJ)Z'<T CX!UJLf'l O:::ZLf'l <(c1"Z :c...J::E UJUJ ~ ....0:::>- -l....UJ ::):C-l ......lJ)-l <Xl~:g; Cl<(Z -l:CUJ <(Lf'lCl ZI.O-l 00:>0 Cl...-ll9 . U Z ....... AI.O mLE SHEET A2.1 MAIN FLOOR DEMO PlAN A2.2 FOUNDATION PlAN A2.3 MAIN FLOOR PlAN A2.4 UPPER LEVEL PlAN A3.1 EXTERIOR ELEVATIONS M.I BUILDING SECTION A4.2 BUILDING SECTION AS.I DETAILS '<T C"')'<T (f) C"') 1.0 oOP W .Lf'll' lJ)Lf'lC"') In" '<T \...,If ...... Z ,...... <( lJ) ::E ...-I ..c: Lf'l ~ e; ul~ ..:::::.. N 19 ...-IZ" .......U") ~ UJ ,....... U") Z ~N 0 ZN :c ...-I:Co... :5 . SHEET INDEX: SETBACKS: FRONT: xx REAR.: xx SIDE: xx SIDE: xx MINIMUM CEJUNG HEIGHT: 7'-6" &'x &x '&'x 1hl!ownetll5t~dllllthetltle blcc:klla5revlewedtheplilnsll5ltldonthelMepagellt1d IpprlWcsttll!lSllloldnlwing$l'llrdll5lgrlandCO'l5tructlcln. AOOlilON ANO ~EMOOEl..INa; e-r- l..ANOIMAa;E;" INC, I=OI=c: OONAl-O ANO JUl-IE I-JAI=cI=cIS le6& I-JAMf=SI-J II=cE l-ANE NOl=cil-J GOl-OEN YAl-l-E'Y, MINNESOi A &&42' f=I-JONE: '63-&~&-~23~ CEl-l-:612-2~~-34'& GENERAL NOTES: I. INTERIOR DIMENSIONS ON PLANS ARE FROM CENTERUNE OF WALL UNlESS NOTED OTHERWISE. 2. EXTERIOR DIMENSIONS ARE FROM FACE OF SHEATHING OR FACE OF BLOCK. 3. VERIFY ALL EXISTING SITE CONDITIONS PRIOR TO CONSTRUCTION AND REPORT ANY DISCREPANCIES TO LANDIMAGES 4. ALL SUBCONTRACTORS TO FOLLOW ALL STATE AND LOCAL BUILDING CODES. S. ALL PRODUCT SUPPUERS AND SUBCDNTRACTORS TO PROVIDE SAMPLES, SHOP DRAWINGS, ETC. FOR APPROVAL PRIOR TO CONSTRUCTION. 6. ALL SUBCDNTRACTORS AND SUPPUERS TO VERIFY ALL DIMENSIONS AND DETAILS ON DRAWINGS PRIOR TO CONSTRUCTION AND REPORT ANY DISCREPANCIES TO LANDlMAGES FOR REVISIONS. 7. LANDIMAGES WILL APPROVE ALL FINAL COLORS AND FINISHES WITH OWNER PRIOR TO ORDERING MATERIALS, SUBMIT SAMPLES FOR APPROVAL 8. FRAMER TO PROVIDE AND INSTALL BLOCKING IN WALL FOR ALL WALL MOUNTED ITEMS. 9. ALL SUBCONTRACTORS TO BE UCENSED AND BONDED TO WORK IN THE LOCATION OF THE PROJECT. 10. LANDI MAGES AND SUBCONTRACTDRS MUST HAVE A WRITTEN CHANGE ORDER SIGNED BY THE OWNER PRIOR TO ANY CHANGES OR ADDITIONS TO THE PROJECT. THE OWNER CAN NOT MAKE FIELD CHANGES WITHOUT A SIGNED CHANGE ORDER. 11. ELECTRICAL CONTRACTORS TO VERIFY UGHT FIXTURES AND LAYOUT PRIOR TO ORDERING FIXTURES. ELECTRICAL SUB TO PROVIDE SHOP DRAWINGS. 12. PLUMBING CONTRACTOR TO VERIFY FIXTURES AND PROVIDE SHOP DRAWINGS FOR APPROVAL PRIOR TO CONSTRUCTION. 13. PROVIDE FIRE STOPPING AT FLOORS AND ROOF. FIRE CAULK ALL JOINTS. 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Nt!) .-tZ" ...... In ~ W OlntnZ N.......O ZN.....J: .-tJ:a.. :5 WOOl) TO!"' ANP eoTTClM ~ILING - UV AUI1I!oU1 1"Ic:t<ET$ WOOl) FA&c:IA mlM eo~ VINYL TFlELLJS el(JR!' 1!lO~ r-4' ~ & CGIINES e' FIlEINF'.CONC. I 6LOCX (16' X 16') eN e' X 24' X 24' CONe;. FOOTING UV2-OS'. I EACH WAY - TYP. ~ I I I I I r-L---1l L____J ;0 ~ D ~ ~~~Cl-I COL.UMN OETAIL.e DET AIL5 A&J ~ .'" '\ "-; . 04-11-28 300 Louisiana Avenue North . Craig & Riva Kupritz . . \ . . . Hey Date: November 19, 2004 To: Golden Valley Board of Zoning Appeals From: Adam W. Fulton, Planning Intern Subject: Planning 7 3-593-8095/ 763-593~81 09 (fax) 300 Louisiana Avenue North, 55427 (04 11-28) Riva & Craig Kupritz, Applicants Riva and Craig Kupritz own the house and property at 3 0 Louisiana Avenue North. The applicants are requesting a variance from Section 11.21, Subd~ 10 (A)(3)(a), in order to construct an addition to their existing three car garage. he applicants intend to add a 19 foot by 21 foot garage as an addition and convert some of th existing garage space to living space. The existing three car garage faces the north si e of the property. The proposed garage would alter the direction from which the garage i entered; as currently built, the garage can only be entered from the north, although the drivew y faces west. The proposed garage would allow cars to directly enter the 2 new garage stall from the west. One garage stall facing north would be retained. The City had a survey n file, so one was not required of the applicant. The applicant has stated that the hardship involved in th s case is a retaining wall to the north of their property, which causes a tight turning radius wh n backing out of the existing garage stalls. Because the garage stalls were designed to be e tered from the north, and because the driveway comes from the west, the applicant states hat it is sometimes difficult to enter the garage. The applicant also states that the driveway is e cessively narrow due to the retaining wall. The driveway is 18.5 feet wide from the property Ii e to the house, at which point it widens to 22 feet. Additionally, a 16.5 foot turning radiu is provided to the east of the house and garage. An asphalt curb is provided on the north e ge of the driveway. The lot in question is a corner lot; however, the garage is not locat d or oriented towards either front yard and therefore no hardship due to front yard setbac s is in question. Please note the attached comments and drawings provi ed by the applicants. The proposed garage will approach, but will not exceed, the 1000 square feet allowed for accessory structures for all properties within the R-1 zoning district. However, this does not take into account any detached accessory structures on the prop rty, including sheds or playhouses. The project requires a variance from the following City C de: . . . · Section 11.21, Subd. 10 (A)(3)(a), Side Yard S tbacks. City Code states that the required side yard setback for all lots with a widt greater than 100 feet is 15 feet. The requested variance is for 10 feet off the required 5 feet to a distance of 5 feet at its closest point to the north side yard property line ~ r the purpose of a two-stall attached garage addition. A review of the City file indicates that the house was built in 2003. No other additions have been made to the house since that time. Please note the attached minutes from the April 9, 2001 Planning Commission Meeting. At that meeting, the Planning Commission approved the S bdivision and General Plan Amendments enabling the construction of the applicant' home. The Commission discussed the possibility of future variances for the homes in the s bdivision at length during this meeting. Minutes of the Golden Valley Planning Commission .. iI 9, 2001 e6 IV. Informal Public Hearing - Property Subdivision (SU17 -08) Applicant: Lions Park Development, LLC Address: 7001 Harold Avenue, Golden Valley, MN Purpose: The applicant is requesting a subdivision of the main parcel of land in order to create five new lots from the one existing lot that totals about 56, 313 square feet. City Planner Dan Olson referred to his memo dated April 4, 2001. He showed the general location and the proposed site plan. Olson explained that the applicant is requesting that the 56,313 square foot (1.29 acres) site be subdivided into 5 lots. Olson stated that all of the proposed lots meet all the setback requirements. He stated the City Engineer has requested an additional 10 feet of right of way and that that has been incorporated into the site plan. Shaffer asked what the rear yard setback requirements are. Olson explained that it is 20% of the lot depth. Olson referred to the three conditions that staff recommends be placed on the approval of the proposed lot subdivision. entel asked who determines what the park dedication fees are. Olson stated it is the Open Space and ....c. Commission. Pentel asked if these are bigger homes than what was proposed at the last planning commission meeting. Marshall Kieffer, 8815 West 34th, Applicant, St. Louis Park, stated that the center three houses would be bigger, but the corner houses would not be. He stated that he wanted to make a correction on the plans. Lot 5 shows 65 feet across the front, it really should be 58 feet across the front. He stated he has submitted a tree preservation plan and is making a donation of the building to the fire department for training. Shaffer stated he is concerned about the houses being built to the limits shown on the plans and if people want to add decks or additions it would then require a variance. He stated he'd like to present as a condition to the proposal that these limits are planned into the house when it's designed. Kieffer stated that they are going to have more of an ilL" shape design and won't go all the way to the rear yard setback. Kieffer showed a picture of what the homes might possibly look like. Pentel opened the informal public hearing. Helene Johnson, 240 Kentucky Avenue N., stated she is concerned about the proposed homes having cable access because she has had problems connecting to cable. She is also concerned about the .dscaping and silt fence shown on the plans and questioned the timeline of the construction of these _meso Minutes of the Golden Valley Planning Commission eil 9, 2001 . , ge 7 Kieffer stated the silt fence is required by the City during construction to catch garbage and debris and will be removed as the project is finished. Kieffer explained that as far as landscaping, they don't have restricted covenants, but there is a $5,000 landscaping package. Kieffer stated that the construction would begin at the end of June 2001 and would end approximately 12 to 14 months later. Seeing and hearing noone, Pentel closed the informal public hearing. Shaffer asked if a condition could be attached to the approval that would require any additions or decks to be within the limits that are shown on the plans so they wouldn't have to go before the Board of Zoning Appeals with variance requests in the future. McAleese stated that since this is a subdivision they couldn't add conditions to it, as long as the applicant meets all the subdivision requirements. Groger stated that the date listed on Olson's memo in condition number three on the site plans, should be dated March 19, 2001. MOVED by Rasmussen, seconded by Groger and motion carried unanimously to approve the subdivision of the main parcel of land in order to create five new lots from the one existing lot. V. . Informal Public Hearing - General land Use Plan Map Amendment Applicant: Lions Park Development, LLC Address: 7001 Harold Avenue, Golden Valley, MN Purpose: The applicant is requesting to change the General Land Use Plan Map for the property from Schools and Religious Facilities to Low Density Residential. McAleese stated he' has concerns about institutional land being eliminated and changed to residential and about not having land set aside for institutional uses. Olson stated he gets requests for 3 to 4 acres for institutional uses and suggested allowing a conditional use for churches in commercial areas. Pentel opened the informal public hearing. Seeing and hearing no one Pentel closed the informal public hearing. MOVED by Eck, seconded by Rasmussen and motion carried unanimously to approve the General Land Use Plan Map amendment for the property from Schools and Religious Facilities to Low Density Residential. . . . .- "j, ~ -. ZUIWI.pS 'M JWW\II(J - N~X~ ,- . ~~.:: tf" - 2=.0- ~-b 'lI\onutIJW JO lIJ11l9 lIII1 JO 1IMD11I1II J8pUn JO.(lIl1JhQ puII"J p8JIIJWJlllIU A1nP II will 181ll pUll UDllIl^IlIdnll ItnIJ!P Ml ..pun ,10 lIW All paJlldllJd IIrM 1I0dllJ JO 'Ulld ',(gAlnIIII.lI18111 Jll\.I;:J AqBJQlj I ~ ..; .u <> I- .. .... OJ ~ .... r:: ,!2 r:: .,. i: C ?E ... ..: 0 .. OJ .... a.. 'l:J .... L r:: +' !:1 a '" .... u a .... 0 .. u t.. ... .. U .... .. ~ ID .,; .c. Co ~ .... 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Iii .. +ri I I I - -OE--:., I I ~ ~ ~ I a ~ . 0Ii-- ~l I I .. Ii ... Ii :; 'S " '\I ; ai II u .. iii . . . Variance Request We are requesting a variance for the North side yard setback to accommodate a two-car garage entry" in the back comer of the lot without the current hazardous conditions. The variance request is to reduce the setback from 15 feet to approximately 4 'l2 feet to allow for a 20 foot wide garage. The current entry requires a difficult 90 degree turn into the garage in a width of only 18 feet plus a vertical drop of3 'l2 feet off the side of the driveway due to the raised elevation of the driveway and house. The house was designed to be built at the same elevation as the house on the adjacent lot but the builder/developer chose to raise the house to avoid any possible basement flooding, without our permission. The raised elevation required a retaining wall to be built along the property line which reduced the driveway width and raised it considerably off the ground. Many times, while backing out of the garage, one of the car's wheels has gone over the edge hanging in the air past the retaining wall. This condition becomes even more hazardous in the winter with icey conditions. A raised curb has not prevented cars from backing up too far and a guardrail would further reduce the width of the drive making the turn more difficult. The new proposed garage entry location is set back 65 feet from the front property line, is within the rear setback and the wall on the requested reduced North setback side mostly faces the windowless garage wall ofthe adjacent property. We have the additional constraint on this comer lot of having two 35 foot front yard setbacks which positioned the house closer to the side yard than otherwise would have been on a non-comer lot. We propose to build the garage with 3 windows to make it look more like a room than garage from the adjacent properties. . . . 20' ! l l 440 ill. II '5\(tc '!:J1Z ' GARAGE 18'5:.:28'5 Great Room i..(l'l'~r"'rtt'IOflran[jV3UitErJC1.";;nG frfP".5fW ~~ r"'r"'---r"-r"i r.- . ~ -ill l4 f'-.--"'e.. ~ .. J.~('Fu .~-.\(.r~ 6'-~. ~ . -f- N L.,-L"9-L", I ",-1-" "j ., I ",.lIVI~G1:REA I 6,--t,,,,1 I " r. 1,111 sqn 47'2 . . . . . . . ~\'61itJ{b ~ rL~- . I I. . I .L --;. 19'tO I ~;~~~~ . .., ... " LIVING AR ~A. ..... . . . . . . . . 8 88 8 o 8 . . . o D [[] IC:I ICii . . . IJ 0 EB 1m . . . . . City of Golden Valley Board of Zoning Appeals (BZA) Zoning Code Variance Application , . 1. Street address of property involved in this application: 3d'" L.oU\71h~A Ave. iJ. 2. Applicant: RlVA ~ tfA \t.? ~Z Name '1"() ~Vt71AtJA AVE N ~~~ VALU1 J MN ti~ Address City/State/Zip tJI1"~~1' 1b~1 lu,~"-;;17" (;~/)7 bIZ;,4J~'1Z~1 Business Phone Home Phone Cell Phone ~.e .Vo~~{J"tv1 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 before or after the building permit is issued. S~ 1(ft~W7 4. A brief statement of the reasons, necessity, or hardship which provide grounds forlhe granting of this variance (see Frequently Asked Questions for an explanation of a "hardship"). Attach letter, photographs, or other evidence, if appropriate ~~ A1f.J4f~1 5. 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 ap licable to this variance request, if granted, is not taken within one year, the variance expires. . 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. \ " ~'IJ ;~'. k--t::J 0 r~.. !, N<':' r;;r::.~.. ..".~ Print Name v l.rl i f\J, ..)'-')'1. Ln'~,/0 Comment Signature Print Name Comment Signature Print Name Comment Signature rint Name Comment Signature Print Name Comment Signature Print Name Comment Signature Print Name .omment Signature .::;:1/ / ./....c;/ ~_,_~~ 1:; I Ie ~ ' 7C-", Address -Il"' l dJ171At,j/1 i !€:L{;;f-Jf ~Jdrft!~ rfE. .. ,I:' . {i!: ~ 'iI _~R4k4.~.a~f~" . IfM~ k/~-y~ - Address It,, ~jfjJWl l~fU7fv9 , t' ~ h, H \ .'<1- ! S 'Z \ V" \=-~ '1fj.,/ Address V I ";;I' Address Address Address Address ~ N, !~ A.'.i\A:? r" Ji fit::- fJe 'I'\; . 04-11-29 . 621 Turnpike Road Mark Szajner . . . . lIey Planning 763-593-8095/ 763-593-8109 (fax) Date: November 19, 2004 To: Golden Valley Board of Zoning Appeals From: Adam W. Fulton, Planning Intern Subject: 621 Turnpike Road, 55416 (04-11-29) Mark Szajner, Applicant Mark Szajner owns the house and property at 621 Turnpike Road. The applicant is requesting four variances from Section 11.21 of the City Code. The applicant intends to build an addition above the existing attached two-car garage. The proposed addition would extend a half-story above the height limit of 2 Y2 stories and would extend 4.3 ft. into the front yard setback from Turnpike Road. The City did not have a survey on file, so the applicant was required to obtain one. The applicant states that the primary hardship as relates to the property is the location of the house on the lot. The house is located in the center of the lot; however, a garage was added in 1957 that does extend to within the eastern side yard setback. It is noted by staff that the property does fall off towards the south. The property owner is faced with significant topographical differences between the northern and southern portions of the lot. There are two sheds on the property which the applicant has agreed to move as a condition of the application for the requested variances. Please note the attached comments from the applicants. Though the applicant may have plans to purchase a strip of land from the landowner to the east, it is not part of the parcel in question and at this time cannot be considered as part of the parcel. As a consequence, the applicant must still request a variance from the required side yard setback. The project requires variances from the following Sections of City Code: · Section 11.21, Subd. 10 (B), Height Limitations. City Code states that no structure in the R-1 zoning district shall exceed 2 Y2 stories in height or 30 feet, Whichever is less. The requested variance is for an additional Y2 story to a height of 3 stories for the construction of an additional bedroom and bedroom/office. · Section 11.21, Subd. 10 (A)(1), Front Yard Setbacks. City Code states that no structure shall be located closer than 35 feet to the front yard property line. The requested variance is for 4.3 feet off the required 35 feet to a distance of 30.7 feet at its . . . closest point to the front yard property line along Turnpike Road for the purpose of constructing an addition to the garage as well as living space above the garage. · Section 11.21, Subd. 10 (A)(3)(a), Side Yard Setbacks. City Code states that for all properties h,aving a width of 100 feet or greater, all side yard setbacks shall be a minimum of 15 feet from the property line. The requested variances is for 2.9 feet off the required 15 feet to a distance of 12.1 feet at its closest point to the eastern side yard property line to bring the existing garage into compliance with the required setback and to allow for construction of additional living space above the garage. · Section 11.21, Subd. 11 (A)(1), Location. City Code states that all pools shall be considered accessory structures for the purposes of setbacks. Such accessory structures shall be no closer than 10 feet to the primary structure. The requested variance is for 5.5 feet off the required 10 feet to a distance of 4.5 feet at its closest point to the primary structure for the purpose of bringing the existing pool into compliance with City Code. A review of the City file indicates that the house was built in 1951. In 1957, a garage and breezeway were added to the house, and in 1966 an additional bedroom and bathroom were added to the house. In 1975 the existing pool was added to the south side of the house. No other additions have been made since that time. ISTING TO USE . ------ 904.7 . ~1_911 --to o\f'\f-p~ ~f 'Z-~~ .,.<t~. Property to be purchased IS '-0 II +:? o\JU2-H~G., ~F 7-~ct~ ~,,~. Fence corner 0.3 rJ) iRment shed- to SE corner 906.1 ~~ Q a~ ~~~ .t\:) ~O'\ ~: t%j Expansion of Gara- I , \ \ o o ct ::0 Cb ....,.. a 5. -. ;:) ~ 9,(]'1'.8'" ':X' . ' , ~ - i.i) . I 0.7 east of line \ . \ 1 00.24 V 89057'57" W · / x 907.8 ~/ . . o . x 000.0 (000.0) - CERTIFICATE OF SURVEY MARK & RUTH SZAJNER 898.3 ( .2>0 ~~ ~ ~ LEGAL DESCRIPTION: Lot 24, Block 2, SPRING GREEN Site Address: 621 Turnpike Road <l> '" ::J ~ l;Q :"l x, en " I/ll. ~\ ~ )( x 900.4 ~\ iii u o '0' <C ~ '-...... o~ ~"'\Z "'l. l'5t,,;) O::~ ~ ~~ ~ i'; ~ '0 ,y ~ { (j <'f rt t.i:. II> !i /907.7 Wire Fence comer 5.7 east of line Pool equipment shed r~ 906.7 fDeCk/ ~ ~ !if -K 90'1.5 ~ Denotes iron monument Denotes found monument Denotes existing elev. Denotes proposed elev. Denotes surface drainage 100.24 N 89057'57" W '" N\2Goct~~4~ I ~ 1-/_ I hereby certify that this is a true .and correct representation of a .survey of the boundaries of the above described land and of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. Fence corner 0.3 west of line As su~~.;:th David E. Crook day of September ~MARS-GABRlEL LAND SURVEYORS, INC. 3030 Harbor Lane No. Plymouth, MN 55447 Phone:(763) 559-0908 Minn. Reg. No. 22414 ,20~. FileNo. 12604 Book-Page 423/51 Scale 1"=30' . · tJO'l, s ~4 I . . ~ W~or-\ ~t- N~ ~S-cr~: ~s V~ Pf'Hf'G ~lA ~ 1 TAG.- ~tJr ~~ ~cL ~~ --ro f3K(~NC, <;.\ft.U.t\\~ ' Or ?:f2-.<7--' ~.:\ ~ Th~ GA0A&F-- ~ 11-\ ~--- --:b"\1U'--cFA (Z,( C't H-f ~ LUA-Y. 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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: G%.I-,:u~ ,(ZoAl) 2. Applicant: Add ress ('ra. Business p~one ~ -',- 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 before or after the building permit is issued. ~o e>e~o{'.\ AOO(-rl~} Of~~ AM) (2.C>()f- I:GQ J>.bovC-_ 6KtS;riNGt X- CNZ-. G-.iA:f2.A.GE-. 4. 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 eviden~e, if appropriate _ (\. ~ ~ Dt-S A, \1-\~ tS'/-.~~~ HOO~-l1.E:.E- ~~~ \oS ~~ ~ .~ ~(D~). \40\l~ U,~\. f30WJ:,D II\S\951 I#) ~ _ wA-~Aoo~ IN 19]-1 (?). LJE WOJLq LA. . II ...... - ""---' ,. Ai\.O N 0 ~ . ~l ~ NGt 48:::,'< --. -==- W \ (A. ~ (l.P-.....f'A ow-o. ON1l-t~~~ c::.; PB 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. of Applicant 6. If the applicant is not the owner of all property involved in this application, please name the owner of this property: "NGCL 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. ~ 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. V/ 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. Comments can contain language of agreeing with the project, objecting to the project or other tatements regar~he project. . Print Name U0IM' Ld (l ~~ ~r ( trW :::::~: tQ~-iz-L Address {,/t -;;;w!ih ~1 Print Name ~ (eo /1(:J( 4~r/$CI/2i-/ !-effial ;'e---, - t' , {o Sep( :~(,/ ~1 Rf S Comment Signature Address c: (,1- Print Name S rt€ L. ADN h. KA fLAA! Comment W~fo~~_~~~ Signature ~ C(.. ~4...v ' Address S.:J.IO CiRct....e D6wN rint Name Comment Signature Address Print Name Comment Signature Address Print Name Comment Signature Address Print Name omment Signature Address . t t l :. . 04-11-30 5940 St. Croix Avenue .. Patrick & Kim Kane . . . . Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: November 19, 2004 To: Golden Valley Board of Zoning Appeals From: Adam W. Fulton, Planning Intern Subject: 5940 St. Croix Avenue (04-11-30) Pat and Kim Kane, Applicants Pat and Kim Kane own the house and property at 5940 St. Croix Avenue. The applicants are requesting a variance from Section 11.72, Subd. 3 (A)(1), in order to construct a fence along the west side of their property. The applicants intend to build a fence of varying heights along the west side of their property. The fence would be a height of 6 ft. for a distance of 40 ft. south of the front of the existing house, then continue to the south an addition 72 ft. at a height of 4 ft. From the front of the existing house, the property extends approximately 145 feet to the property line. The applicants were not required to obtain a survey as there was an accurate survey on file with the City. The fence ordinance was passed only recently by the City Council. This is the first variance request from the fence ordinance. The applicant's stated hardship is the topography of their lot in comparison to the adjoining lot to the west. Based on the electronic topographical maps available to staff, the property to the west is anywhere from 2 to 8 feet higher than that of the applicants, depending on the portion of the properties under consideration. Based on the same maps, the elevation of the applicant's house is approximately 870 feet above sea level, whereas the elevation of the westerly neighboring property is approximately 880 feet above sea level. Please note the attached comments from the applicants. Staff has also provided a map detailing the site's topographical concerns for further information. The project requires a variance from the following Section of City Code: · Section 11.72, Subd. 3 (A)(1), Height Limitations. City Code states that no fence in the front yard of any residential property shall be higher than 4 feet. The requested variance is for 2 feet greater than the maximum 4 feet, to a height of 6 feet extending a distance not to exceed 40 feet from the front of the existing house. A review of the City file indicates that the house was built in 1953. Since that time several variances have been granted to the property owners. In 1977 a variance from the rear yard setback was granted for an addition to the house. In 2000 the present owners received variances to build a deck and hot tub in the rear yard, which include variances to bring into conformity a playhouse for children and an accessory shed. No other additions have been made since that time. N Legend _n_n_.._ Elevation Contour D Parcel Boundary . 5940 Variance Request: Fence for West Property Line . . . . Mark W. Grimes, AICP Director of Planning and Development 7800 Golden Valley Road Golden Valley, Minnesota 55427 Dear Mark, One of the reasons for this request for a variance is our property is significantly lower than our west side neighbor. Having a 4' fence would not allow for any privacy. We had planned out the fencing and landscaping in September without knowing anything about a change in the ordinance coming up. We ordered the fence late September and made a payment in early October. Again, not knowing the ordinance was being planned. We decided on taking action to ready our front yard the weekend of November 5,6. We rented a tractor and chain saw to rid our property of two large evergreen trees and one unknown species of tree. We also moved a dirt burm that was between us and our neighbor. With this done we now have no barrier between our neighbor and us which creates a full view of our neighbor's driveway, garage and side lot; creating no sense of privacy (prior to the removal of the trees there was some privacy). We have a patio in the front of our house and when we are outside we look up into the driveway and underneath of any vehicles parked in driveway. Because he has a higher lot, the five 6' panels will not restrict his view, rather give us privacy. . We ask that you please consider granting this variance for us knowing that in good faith we are truly caught in a situation where we did not know about the ordinance changing until we called this week to check on a need for a permit or not. Given the order was made, money paidand work done (now with evergreens gone there is no privacy) it will hopefully show you we were moving to have the fence put up per our plans of having some of the panels being 6'. Ifwe had known about the change in the ordinance, we certainly would have done all of this work sooner to meet the changing ordinance by October 19. We hope you can see by the pictures we have 150' of front yard and the fence we've ordered will not cause any unsightliness for us or oUr neighbors. In fact, of the 40' six foot panels, 15-20' will be shielded on our neighbor's side by his lilac bushes. We look forward to visiting more with you at the designated meeting in November. It is our hope that we have conveyed to you in the best way possible the reason and importance of granting this variance. Thank you in advance for your consideration. Sincerely, · tt~~. . . . CITY OF GOLDEN VALLEY ORDINANCE NO. 2nd SERIES AN ORDINANCE AMENDING THE CITY CODE Adding Section 11.72 "Fences", The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11, "Land Use Regulations" is amended by adding a new Section 11.72 entitled "Fences", to read as follows: SECTION 11.72. FENCES. Subdivision 1. Definitions. For the purposes of this section, the following terms are defined as follows: A. "Berm" - An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other similar purposes. B. "Fence" - A structural enclosure or barrier used as a boundary, means of protection, or concealment. C. "Screening" - A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. Subdivision 2. General Regulations. All fences in all zoning districts are subject to the following requirements: A. The side of a fence without primary structural supports shall be considered the finished side and must face outward from the property on which it is constructed towards the adjacent property. If a fence has two similarly finished sides, either side may face the adjacent property. B. All berms, screening, and fences, including fence footings, must be located entirely on the property for which the fence is being constructed. A property owner installing a new fence must accurately determine property lines prior to installing a fence. C. All fences shall be maintained and kept in good repair by property owners. Any hazardous fence or fence in a state of disrepair shall be repaired or removed by the property owner within thirty (30) days of notice by the City. If a property owner fails to comply with such notice, in addition to all other applicable penalties under City Code, the City may remove the fence and assess the property owner the cost of such removal. D. All berms, screening, and fences shall comply with Chapter 7 of the City Code. . . . E. Electrified fences are prohibited. Barbed wire fences are prohibited except as allowed under Subdivision 3. Subdivision 3. Regulations by Zoning District. The following regulations apply to specific zoning districts. A. Residential and Multiple Dwelling zoning districts. 1. Fences in the front yard shall not exceed four (4) feet in height. Fences in side and rear yards shall not exceed six (6) feet in height. 2. All exterior storage in the side or rear yards shall be screened by a wall, fence, or vegetation not more than six (6) feet in height and not less than fifty percent (50%) opacity. B. All other zoning districts. 1. Fences shall not exceed eight (8) feet in height. 2. All exterior storage shall be screened by a wall, fence, or vegetation not less than six (6) feet in height and of ninety percent (90%) opacity. 3. All mechanical equipment shall be screened from view from the street right-of-way. 4. Barbed wire fences are prohibited in all zoning districts except the Industrial and Light Industrial zoning districts. The height of all barbed wire fences in the Industrial and Light Industrial zoning districts shall not be less than seven (7) feet. Subdivision 4. Exceptions. Any deviation from this Section shall require a variance in accordance with Section 11.90 of this Chapter except the following: A. Tennis and basketball courts in all zoning districts may have a single perimeter fence no higher than ten (10) feet. Such fences shall be 10cated to the rear of the primary structure and shall require a minimum one (1) foot strip of landscaping around the entire perimeter. B. A fence not exceeding twelve (12) feet in height is permitted in Commercial, Industrial, and Light Industrial zoning districts solely for the purpose of screening exterior storage areas. C. A fence not exceeding six (6) feet in height is permitted in the front yard of all properties directly adjoining an A or B minor Arterial Street, as designated in the City of Golden Valley Transportation Plan. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation", Section 11.03 . . . entitled "Definitions", and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this day of ,2004 Linda R. Loomis, Mayor ATTEST: Donald G. Taylor, City Clerk #321537_1 . . City of Golden Valley Board of Zoning Appeals (BZA) Zoning Code Variance Application 1. Street address of property involved-in this application: 0'140 ?-~. ~YOl'l ft:iE" Applicant: V1'I m '~(Yt7c+ Y-1I[t10 Name 2. . CJ40 I~, Address '?~er 1061'/P')4.4qO:? Business Phone (rOt'-f ~ rn(\) "?4ZZ /Pi~. UJ0 b:L2--8 Cell Phone Email Address 1~.1?~ I .():;1?1 HQme Phone 3V"u~timJ 0 (lOt-, Com 4. 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. '!vi / t1{) WLcl lJ2G tv {1~ .fO V' t..\ \!a1'~CW tG 0 VI a Gt:11 t.0. (OV' . eux- Iii cU '8IUVlt- () tlrL-{ 0 t1~) tYl e. 0 +0 t / J' Peel- h.~ n \ { lDIj 0' \11l Y'(A'y~uV'{:lLr {{~I){J!., ~vi ~r eA- h~ ltp pro tI (PI!) t A brief statement of the reasons, necessity, or hardship which provide grounds forthe granting of this variance (see Frequently Asked Questions for an explanation of a "hardship"). Attach letter, phot~graphs, or other evidence, if appropriate , ble'\iO..+Un/lti) 'fR%t4~ 'Xtww'1 tAll ~7 [A.J, /;;\ 'R- ru.~ h bov' htl~7 t{~:J \ 0 0 ~'I nO!. cUJ.\{,[.3{-' 0 n+O VUY7.. ~. aL. J. (LYle lP-t 1.h .M0. L()"v fl.ct ,1 / . I L"Jt. v 41 -La l!.. , "\lrlz \ff) j. t 'j ~uat1 ' tU1C( o--zd.L 1 ~14) rto aru Df or,; Lf hUIJ., 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~Xje~.,~ AL:rVI Si ature of Applicant' 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. ./'" 'Ii y/ 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 residentiql; $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. Comments can contain language of agreeing with the project, objecting to the project or other atements regarding the project. Print Name Itvf Cu- v 1/ /; )1'jcl j-e Y1 / .4 'V Comment / \. :,j ,/ /} Signature /lJ ~ ){/7f~r Print Name i)ALJ f!.., LJlUeJ6.~.s-iV /? Address 5L73o 5r~ Ctc:/y' ,1f/~./ Comment / /<, _/ ,/;./ Signature ,~/~ A ' ',,/t;:/ / ' , ..."\.-/' -- J=V"'Hd~ i3okla~dtf- / fJ:1tl/'1t Hafl I Address b 00'0 ST ~ Uzt;1 I ,~' ,A, Print Name Comment tiiZ: Comment A 6'Ju.d ;1)[:/1 " Signature 1IOhbRJJI7~'- ~ W~*' st. CV'o',x A v. Address ~lf:S) i=. (\<fiU?-,iA.,W'H t~' Print Name Comment Signature Address Print Name Comment Signature Address Print Name .omment Signature Address . . . . . . . tV'1 I , ...,,'tJ g , . f 9S.8S' . ..""'"....-.., F~A TIC) ("l') C\1 i ~ ( ,\ ,~p '1. ; <:) t' \ 1111 40 I FEET - In '" LEGAl.;; DESCRIPTION: U) ("l') <Xl to o I o o 2 <. w o LOT 3, BLOCK 8, YARNALL'S . . ,'!GOLDE.N VALLEY OUTLOT SI HENNEPiN COUNTY, MINN. N o o o o U) _ ~ I I , I ;"1 ' ~ l) )' 7 CERTIFICATE OF SURVEY FOR: a DR. GORDON LANDSMAN 59....0. ST. CRO'X. AVE., GOLDEN VALLEY, M INN. 55....22 , -.by~fhatthfs SUN f port waf prepared by ey, plan, or reo ~U~rvl.lon and that I~eor.under m~ direct ',und~SUtv~QIt."ndet..t'::,a. dury Registered MlnnOlOtl';'; '" . aws of the State .', . . 1ZlJ' '" ,..10'_;. '. 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