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06-25-02 BZA Agenda . . . Board of Zoning Appeals Regular Meeting Tuesday, June 25, 2002 7PM 7800 Golden Valley Road Council Chambers I. Approval of Minutes - May 29, 2002 II. The Petitions are: 8160 Wesley Drive (Map 20) (02-6-29) Steve Susich, Applicant Request: Waiver from Section 11.21, Subd. 7 (C) (1) Side Yard Setbacks . 1.4 feet off the required 15 feet to a distance of 13.6 feet for the existing home at its closest point to the west side yard property line. Purpose: To bring the existing home into cpnformance with side yard setback requirements. 1801 Independence Avenue North (Map 20) (02-6-30) Sandra Gunderson, Applicant Request: Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback . 8.4 feet off the required 35 feet to a distance of 26.6 feet for the existing home at its closest point to the front yard property line along Independence Avenue North. Purpose: To bring the existing home into conformance with front yard setback requirements. Request: Waiver from Section 11.21, Subd. 7 (C) (3) Side Yard Setbacks . 2 feet off the required 6 feet to a distance of 4 feet for the existing home at its closest point to the north side yard property line. Purpose: To bring the existing home into conformance with side yard setback requirements. . 5121 Circle Down (Map 9) (02-6-31) Alfred Minniti, Applicant Request: Waiver from Section 11.21, Subd. 7 (C) (1) Side Yard Setbacks . 1.05 feet off the required 15 feet to a distance of 13.95 feet for the existing home at its closest point to the east side yard property line. Purpose: To bring the existing home into conformance with side yard setback requirements. 4925 Bassett Creek Drive (Map 5) (02-6-32) Karen Miller and Alice Ottavi, Applicants Request: Waiver from Section 11.21, Subd. 7 (C) (1) Side Yard Setbacks . .03 feet off the required 15 feet to a distance of 14.97 feet for the existing home at its closest point to the west side yard property line. . Purpose: To bring the existing home into conformance with side yard setback requirements. Request: Waiver from Section 11.65, Subd. 5 (A) Standards. . 16 feet off the required 50 feet to a distance of 34 feet for the existing home at its closest point to the Ordinary High Water Mark (top of creek bank) for Bassett Creek and for 10 feet off the required 50 feet to a distance of 40 feet for the proposed porch at its closest point to the Ordinary High Water Mark (top of creek bank) for Bassett Creek. Purpose: To bring the existing home into conformance with the Shoreland Management Ordinance setback requirements and to allow for the construction of a porch addition on the property. . 2 . 1400 Natchez Avenue South (Map 10) (02-6-33) Quinn and Daon Karpan, Applicants Request: Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback . 16.8 feet off the required 35 feet to a distance of 18.2 feet for the existing home at its closest point to the front yard property line along Natchez Avenue South. Purpose: To bring the existing home into conformance with front yard setback requirements. Request: Waiver from Section 11.21, Subd. 7 (C) (2) Side Yard Setbacks . .2 feet off the required 12.6 feet to a distance of 12.4 feet for the proposed room addition at its closest point to the west side yard property line. Purpose: To allow for the construction of a room addition to the existing home. . Request: Waiver from Section 11.21, Subd. 7 (B) Rear Yard Setback . 19.7 feet off the required 26.4 feet to a distance of 6.7 feet for the existing greenhouse at its closest point to the rear yard property line. . 15.4 feet off the required 28.8 feet to a distance of 13.4 feet for the proposed entryway at its closest point to the rear yard property line. . 4.9 feet off the required 30.6 feet to a distance of 25.7 feet for the existing home at its closest point to the rear yard property line. Purpose: To bring the existing home into conformance with rear yard setback requirements and to allow for the construction of an entryway addition to the existing home. Request: Waiver from Section 11.21, Subd. 12 (A) Accessory Buildings . . 25.3 feet off the required 35 feet to a distance of 9.7 feet for the existing shed at its closest point to the front yard property line along Natchez Avenue South. The applicant is also requesting to have the shed to the north of the existing home, rather than behind the home. 3 . . . Purpose: To bring the existing shed on the property into conformance with Accessory Building setback requirements. 115 Ardmore Drive (Map 8) (02~6~34) Erich Wisiol, Applicant Request: Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback . .6 feet off the required 35 feet to a distance of 34.4 feet for the existing home at its closest point to the front yard property line along Ardmore Drive. Purpose: To bring the existing home into conformance with front yard setback requirements. Request: Waiver from Section 11.21, Subd. 7 (C) (1) Side Yard Setbacks . 11.2 feet off the required 15 feet to a distance of 3.8 feet for the proposed room addition at its closest point to the north side yard property line. Purpose: To allow for the construction of a room addition to the existing home. III. Other Business IV. Adjournment 4 . . . . LA ~ Aff~~ -- Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals May 29,2002 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Wednesday, May 29,2002, in the Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota. Vice Chair Sell called the meeting to order at 7:02 PM. Those present were Chair McCracken-Hunt (arrived at 7:04) and members Cera, Sell, and Planning Commission Representative Shaffer. Also present were Staff Liaison Dan Olson and Recording Secretary Lisa Wittman. Member Smith was absent. Vice Chair Sell chaired the meeting until Chair McCracken-Hunt arrived. I. Approval of Minutes - April 23, 2002 Olson stated that the year on the minutes was typed incorrectly. It should be 2002, not 2001. MOVED by Shaffer, seconded by Cera and motion carried unanimously to. approve the April 23, 2002 minutes with the above noted correction. II. The Petitions are: 510 Valleywood Circle (Map 12) (02-5-20) Robert Thimmesh, Applicant Request: Waiver from Section 11.21, Subd. 7(C)(1) Side Yard Setbacks · .4 feet off the required 15 feet to a distance of 14.6 feet for the existing home at its closest point to the north side yard property line. Purpose: To bring the existing home into conformance with side yard setback requirements. Olson stated that the applicant is proposing to enclose an existing patio. He stated that the existing home does not meet the side yard setback requirements and therefore, requires a variance. MOVED by Cera, seconded by Shaffer and motion carried unanimously to approve the request for .4 feet off the required 15 feet to a distance of 14.6 feet for the existing home at its closest point to the north side yard property line. . . . Minutes of the Golden Valley Board of Zoning Appeals May 29,2002 Page 2 3142 Quail Avenue North (Map 4) (02-5-21) Ravmond Anderson, Applicant Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback · .5 feet off the required 35 feet to a distance of 34.5 feet for the existing home at its closest point to the front yard property line along Quail Avenue North. Purpose: To bring the existing home into conformance with front yard setback requirements. Request: Waiver from Section 11.21, Subd. 7(C)(2) Side Yard Setbacks · 5.8 feet off the required 13.7 feet to a distance of 7.9 feet for the existing home at its closest point to the north side yard property line. Purpose: To bring the existing home into conformance with side yard setback requirements. Olson stated that a preliminary plat for subdividing this property was recently approved by the City Council. He explained that both of the waivers currently being requested had been approved in the past but because the property is now being subdivided those variances become null and void so they need to request them again. Olson suggested that the Board add as a condition of approval that these variances are subject to final plat approval from the City Council. Shaffer discussed the recent subdivision request for this property. He stated that the Planning Commission had recommended approval to the City Council. MOVED by Shaffer, seconded by Cera and motion carried unanimously to approve the request for .5 feet off the required 35 feet to a distance of 34.5 feet for the existing home at its closest point to the front yard property line along Quail Avenue North and for 5.8 feet off the required 13.7 feet to a distance of 7.9 feet for the existing home at its closest point to the north side yard property line with the condition that these variances are subject to the final plat approval from the City Council. 3235 Kyle Avenue North (Map 3) (02-5-22) Dennis and Jov Dienst, Applicants Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback · 3 feet off the required 35 feet to a distance of 32 feet for the proposed garage at its closest point to the front yard property line along Adell Avenue. 2 Minutes of the Golden Valley Board of Zoning Appeals May 29,2002 Page 3 . Purpose: To allow for the construction of a garage addition to the existing home. Olson reminded the Board that last September this same applicant requested variances for their existing home because they wanted to construct a conforming garage. He stated that since then, the applicants have changed their plans and are now requesting a variance for the garage addition. Dennis Dienst, applicant stated that his new plans are to replace the flat roof on his garage with a peaked roof, which would fit in better with the neighborhood. Sell stated that the garage addition would align with the house and pointed out that the house is skewed on the lot. MOVED by Sell, seconded by Cera and motion carried unanimously to approve the request for 3 feet off the required 35 feet to a distance of 32 feet for the proposed garage at its closest point to the front yard property line along Adell Avenue. 1425 Rhode Island Avenue North (Map 15) (02-5-23) Peter Ralph. Applicant . Request: Waiver from Section 11.21, Subd. 7{B) Rear Yard Setback . 22.7 feet off the required 28.8 feet to a distance of 6.1 feet for the existing home at its closest point to the rear yard property line. Purpose: To bring the existing home into conformance with rear yard setback requirements. Request: Waiver from Section 11.21, Subd. 12{A) Accessory Buildings . 2 feet off the required 5 feet to a distance of 3 feet for the proposed detached garage at its closest point to the north side yard property line and for .8 feet off the required 5 feet to a distance of 4.2 feet for the proposed detached garage at its closest point to the rear yard property line. The applicant is also requesting to build the garage to the north of the existing home, rather than behind the home. Purpose: To allow for the construction of a garage addition on the property. Olson stated that the applicant is proposing to build a detached garage next to the existing home, rather than behind it as the Zoning Code requires. . McCracken-Hunt asked if the garage would be in line with the front of the house. Peter Ralph, applicant stated that he would like the new garage to be in line with the front of 3 . . . Minutes of the Golden Valley Board of Zoning Appeals May 29,2002 Page 4 the house. He stated that the reason he wants this big of a garage is because they need to get both cars in the garage and have room for storage. Shaffer stated that the existing garage seemed to be tilting and asked the applicant if he has looked for footings under the garage since they are proposing an upper level on the new garage addition. Ralph stated that the upper level in the proposed garage would be just for storage. Shaffer suggested moving the proposed garage 2 feet to the south and .8 feet to the east because then the applicant wouldn't need to request side or rear setback variances. Ralph stated that would not be a problem. Cera asked if moving the proposed garage as suggested would leave enough room between the house and garage. McCracken-Hunt stated there would be 11 feet between the house and garage which would still meet the requirement. MOVED by Sell, seconded by Shaffer and motion carried unanimously to deny the request for 2 feet off the required 5 feet to a distance of 3 feet for the proposed detached garage at its closest point to the north side yard property line and for .8 feet off the required 5 feet to a distance of 4.2 feet for the proposed detached garage at its closest point to the rear yard property line. MOVED by Sell, seconded by Shaffer and motion carried unanimously to approve the request to build the garage to the north of the existing home, rather than behind the home. 2300 Indiana Avenue North (Map 5) (02-5-24) Daniel Plunkett, Applicant Request: Waiver from Section 11.21, Subd. 7 (e) (1) Side Yard Setbacks · 3.1 feet off the required 15 feet to a distance of 11.9 feet for the proposed garage addition at its closest point to the south side yard property line. Purpose: To allow for the construction of a garage addition to the existing home. Olson stated that the applicant is proposing to build a garage addition that would meet the front setback requirements but would be approximately 3 feet closer to the south property line than what is required. McCracken-Hunt asked if the dimensions of the proposed garage would be 24 feet by 22 feet. Olson stated that was correct. Cera asked if the existing garage is 20 feet wide. Olson stated that was correct. 4 . . . Minutes of the Golden Valley Board of Zoning Appeals May 29,2002 Page 5 Daniel Plunkett, applicant stated that the existing garage is small and that both of his vehicles measure 8 feet wide from mirror to mirror. He stated that it is hard to load his kids into the car and that there is only 4" of clearance from the front of the garage to the back. Cera asked the applicant if he is proposing to tear down the existing garage. Plunkett stated that only two of the walls would be moving out 4 feet in each direction. He stated that the neighbor to the south is approximately 22 feet away from the property line and that he feels there would still be enough room between the new garage and the neighbor's house. MOVED by Sell, seconded by Shaffer and motion carried unanimously to approve the request for 3.1 feet off the required 15 feet to a distance of 11.9 feet for the proposed garage addition at its closest point to the south side yard property line. 401 France Avenue North (Map 8) (02-5-25) Jon and Bernice Swenson, Applicants Request: Waiver from Section 11.21, Subd. 7(C)(3) Side Yard Setbacks · 9.77 feet off the required 14 feet to a distance of 4.23 feet for the proposed deck addition at its closest point to the south side yard property line. · 6.3 feet off the required 14 feet to a distance of 7.7 feet for the proposed room addition at its closest point to the south side yard property line. · 1.77 feet off the required 14 feet to a distance of 12.23 feet for the existing home at its closest point to the south side yard property line. Purpose: To allow for the construction of a deck and room addition to the existing home, and to bring the existing home into conformance with side yard building setback requirements. Request: Waiver from Section 11.21, Subd. 7(B) Rear Yard Setback · 9.5 feet off the required 25.3 feet to a distance of 15.8 feet for the proposed room addition at its closest point to the rear yard property line. Purpose: To allow for the construction of a room addition to the existing home. 5 . . . Minutes of the Golden Valley Board of Zoning Appeals May 29, 2002 Page 6 Olson stated that this applicant also requested variances in June of 2001. He stated that this proposal is similar, but they have revised their plans and have submitted a new survey for the above variance requests. Olson stated he reviewed the setbacks incorrectly last June but that these new variance requests would supersede the ones that were previously approved. He stated that the applicants are proposing to add a rear yard room addition and to replace an existing deck. They are also proposing to enclose the bottom portion of the new rear yard addition to use for garage space. McCracken-Hunt referred to the applicant's narrative and home occupation requirements and questioned if curators coming to the home would be acceptable. Olson discussed some of the home occupation requirements and stated that curators coming to the applicant's home office would not violate the home occupation ordinance. Jon Swenson, applicant, discussed his building plans and showed the Board some pictures of what is currently located on the lot and what they are proposing to add. He stated that the addition would be located in an isolated area on the lot and that the neighbors have no problems with the proposal. He stated that they have been trying to do most of the work on the south side of the property because it has the least amount of impact to the neighborhood. Bernice Swenson, applicant explained that the proposed addition would be for studio space and that it would not be retail space and she would not have customers coming to their house. She stated that there would be approximately three visits per year from curators or museum directors. McCracken-Hunt stated that she wanted the applicants to understand the home occupation ordinance. Jon Swenson stated that enclosing the lower part of the proposed addition would allow for a garage/workshop area, would look better and would give them more options. Shaffer asked the applicant to show the plans for the addition. Swenson showed the Board the plans and stated that the City building inspectors recommended that the lower part of the addition be enclosed. Shaffer stated that the new plans were similar to the ones the Board saw last June. Swenson stated that the new proposed addition is actually smaller. MOVED by Shaffer, seconded by Sell and motion carried unanimously to approve the following variance requests with the stipulation that these variance approvals are to supersede the variances granted in June 2001 : · 9.77 feet off the required 14 feet to a distance of 4.23 feet for the proposed deck addition at its closest point to the south side yard property line. · 6.3 feet off the required 14 feet to a distance of 7.7 feet for the proposed room addition at its closest point to the south side yard property line. · 1.77 feet off the required 14 feet to a distance of 12.23 feet for the existing home at its closest point to the south side yard property line. 6 . . . Minutes of the Golden Valley Board of Zoning Appeals May 29,2002 Page 7 · 9.5 feet off the required 25.3 feet to a distance of 15.8 feet for the proposed room addition at its closest point to the rear yard property line. 6620 Olympia Street (Map 15) (02-5-26) Shaun Graham, Applicant Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback · .2 feet off the required 35 feet to a distance of 34.8 feet for the existing home at its closest point to the front yard property line along Olympia Street. · 30.1 feet off the required 35 feet to a distance of 4.9 feet for the existing deck at its closest point to the front yard property line along Hampshire Avenue North. · 19 feet off the required 35 feet to a distance of 16 feet for the existing home and the proposed 2-story room addition at its closest point to the front yard property line along Hampshire Avenue North. Purpose: To allow for the construction of a garage and 2-story room addition to the existing home, as well as to bring the existing home and deck into conformance with building setback requirements. Request: Waiver from Section 11.21, Subd. 7(8) Rear Yard Setback · 4.7 feet off the required 28.7 feet to a distance of 24 feet for the proposed garage and 2-story room addition at its closest point to the rear yard property line. Purpose: To allow for the construction of a garage and room addition to the existing home. Olson reviewed the applicant's request to build a two-story room addition and garage addition to his existing home. He stated that the proposed additions as well as the existing house require variances from the setback requirements. McCracken-Hunt noted that part of the hardship in this case is that it is a corner lot. Cera stated that the elevation change on the lot is also unique. Shaun Graham, applicant stated he wants to take care of these variance requests before he goes any further with the proposed additions. He stated he is in a business which requires the materials be kept warm and that he is currently parking three cars on the street. He stated that he wants to add a second story to his home because it only has 900 square feet. 7 . . . Minutes of the Golden Valley Board of Zoning Appeals May 29,2002 Page 8 McCracken-Hunt noted that the existing garage is 20 feet x 24 feet. Cera stated that size garage is actually a large single stall garage. Graham stated that there is a 7 -foot wide door on the existing garage and that he can't get a car into it. He showed the Board a sketch of an elevation for the proposal and stated he would eventually like to turn the breezeway into a dining room. Cera asked the applicant if he had any detailed drawings of the proposal. Graham stated that Staff told him he didn't need to have detailed plans but that he had done a lot of planning before he came to the City with these variance requests. Shaffer asked the applicant if he is planning to keep the existing garage. Graham stated no he was not. McCracken-Hunt stated that the variance request for the existing deck concerns her and asked if the deck could be moved to the other side of the house instead of being in front of the house. Cera stated that there is already a deck on the side of the house. Sell stated that the deck in front is really an entryway. Shaffer asked the applicant if the new addition could be moved back four feet. Graham stated that then it wouldn't line up with the existing house. Shaffer stated that the new addition might look better and not so massive if it were pushed back a little bit. Cera stated he was having difficulty picturing how this proposal would work. Graham stated that he thought the concern was the distance from the property line, not the flow of the house. Sell asked about the distance to the property line of the proposed addition along the north side. McCracken-Hunt stated it would be approximately 16 feet, but if the addition were pushed back 4 feet then the distance would be 20 feet in the front. Shaffer stated that this proposal makes him nervous because there is a good chance that this applicant would be back with more variance requests in the future. He stated that if the addition were moved back it would be more in line with the homes already in the neighborhood. He stated that he is hesitant about approving these variance requests without seeing more detailed plans and suggested that the applicant hire a designer to help with the plans for this addition. He stated that he thinks this request should be tabled. McCracken-Hunt stated that she would also like to table this request and have the applicant explore the possibilities of moving the Hampshire side of the proposed addition back four feet. MOVED by Shaffer, seconded by Cera and motion carried unanimously to table the variance requests listed above. 8 . Minutes of the Golden Valley Board of Zoning Appeals May 29,2002 Page 9 6808 Plymouth Avenue North (Map 15) (02-5-27) Frederick Jones and Bonita Yurch, Applicants Request: Waiver from Section 11.21, Subd. 7(C)(1) Side Yard Setbacks · 6.6 feet off the required 15 feet to a distance of 8.4 feet for the existing home at its closest point to the east side yard property line. Purpose: To bring the existing home into conformance with rear yard setback requirements. This would allow a new home to be built on vacant lot 320. Olson stated that the applicants own three separately platted lots and that their house sits on two of them. He stated that the applicants would like to sell lot 320 so that a new single family home could be built there. He stated that the City Attorney has said that in order to build on vacant lot 320, the applicants would have to receive a variance for the east side (lot 318) of the existing home and they would be required to remove the enclosed deck on the west side of the home in order to restore a 15-foot setback on that side of the home. McCracken-Hunt asked if the applicants have agreed to these conditions. Olson stated that they have agreed. . Cera asked if the vacant lot is buildable and what the likelihood is that the Board will be seeing variance requests for this lot in the future. McCracken-Hunt stated that a 35-foot wide house would fit on that lot. Sell asked if the Merger of Titles Ordinance had been repealed. McCracken-Hunt stated that these are already separate lots and that the applicants are not proposing to move any lot lines. Sell asked Olson to research the Merger of Titles Ordinance to make sure that it is not still in effect. Fred Jones, applicant stated that he has no intention of selling the vacant lot while he is living there, but if he does decide to sell the property, he would like to be able to inform potential buyers of whether they could or couldn't build a new home on vacant lot 320. Olson told the applicant that approved variances become null and void one year after they are granted. Shaffer stated that a new owner might find these lots more marketable as one lot. . Ann Guntzel, 6809 Knoll Street read a letter written by her husband. She stated that they strongly oppose granting this variance so that a house could be built on the vacant 50-foot lot. She told the Board not to allow two houses to be built on one tiny lot because the homes in the area are large and to allow a small house would change the character of the neighborhood. She added that the only person benefiting is the applicant and no one else and that if this variance request were approved they would consider moving. She stated she was also concerned about the merger of title ordinance that Member Sell referred to. 9 . . . Minutes of the Golden Valley Board of Zoning Appeals May 29, 2002 Page 10 Shaffer stated that the issue is not the applicant selling off the lot. The variance is being requested for the existing home. He stated that if the applicant took the deck off of the house they could sell the vacant lot anyway because it would be a legally buildable lot. He stated he agrees that a house shouldn't be put on the vacant lot but that the Board of Zoning Appeals couldn't stop that. Sell added that the Board could not legally deny a variance request for something that is already on the property. Jennifer Amundson, 6825 Knoll Street asked if building a small house on the vacant lot would devalue her property. McCracken-Hunt stated she didn't know if it would or not. Jones stated that a beautiful home could also be built on that lot. Angie Ormsby, 6837 Knoll Street stated that if this variance request were granted it might plant a seed in a new owners mind about building a house on the vacant lot. She stated that she doesn't want the aesthetics changed at all. Shaffer stated he didn't want to minimize the neighbors concerns, but the Board can only look strictly at the Zoning Code issues and the issue the Board is dealing with is the east side of the existing home which doesn't comply to setback requirements. MOVED by Shaffer, seconded by Cera and motion carried unanimously to approve the request for 6.6 feet off the required 15 feet to a distance of 8.4 feet for the existing home at its closest point to the east side yard property line and not to grant any variances for the deck on the west side of the home. However, if the applicant creates a separate property to sell off then the deck is in non-compliance and must be removed to comply with setback requirements. Olson stated that this motion is subject to the City Attorney's approval. 925, 955 and 957 Winnetka Avenue North (Map 21) (02-5-28) Robert Venne, Applicant For 925 Winnetka Avenue North: Request: Waiver from Section 11.35, Subd. 7(C)(3) Side Yard Setbacks · 20 feet off the required 20 feet to a distance of 0 feet for the existing building at its closest point to the north side yard property line. Purpose: To bring the existing building into conformance with side yard setback requirements. Request: Waiver from Section 11.35, Subd. 7(A) Parking Lot Setbacks 10 . . . Minutes of the Golden Valley Board of Zoning Appeals May 29,2002 Page 11 · 33 feet off the required 35 feet to a distance of 2 feet for the proposed parking lot at its closest point to the front yard property line along . Lewis Road. Purpose: To allow for the construction of a new parking lot on this property. For 955 -957 Winnetka Avenue North: Request: Waiver from Section 11.35, Subd. 7(A) Front Yard Setbacks · 21 feet off the required 35 feet to a distance of 14 feet for the existing building at its closest point to the front yard property line Winnetka Avenue North. · 15 feet off the required 35 feet to a distance of 20 feet for the existing building at its closest point to the front yard property line 10th Avenue North. Purpose: To bring the existing building into conformance with front yard setback requirements. Request: Waiver from Section 11.35, Subd. 7(C)(3) Side Yard Setbacks · 20 feet off the required 20 feet to a distance of 0 feet for the existing building at its closest point to the south side yard property line. Purpose: To bring the existing building into conformance with side yard setback requirements. Request: Waiver from Section 11.35, Subd. 7 (A) Parking Lot Setbacks · 34 feet off the required 35 feet to a distance of 1 foot for the proposed parking lot at its closest point to the front yard property line along Lewis Road. Purpose: To allow for the construction of a new parking lot on this property. Additional variance: Request: Waiver from Section 11.70, Subd. 7(F) Loading and Parking Requirements 11 . Minutes of the Golden Valley Board of Zoning Appeals May 29,2002 Page 12 · The variance request is to reduce the size of the parking spaces from the required 9 feet in width and 20 feet in depth to 9 feet in width and 18 feet in depth. Purpose: To allow for the construction of a new parking lot on this property. Olson stated that these variance requests are for two existing buildings that abut each other but are on two separate Jots. He stated that the applicant is proposing to construct a new parking lot on this property which would require variances from setback requirements and that the existing buildings also requires several variances. He stated that the applicant has had a difficult time marketing these buildings because there isn't enough parking on the site. Olson stated the there was a code analysis done on the buildings and that the only requirement was that the applicant had to have a 2 hour firewall between the buildings and that requirement has been met. He discussed Engineering Department's request for curb and gutter, grading, drainage and erosion control and explained that if the disturbed area was over a half an acre the site would need water quality ponding. . Olson discussed the variances previously approved for this property and stated that they would become null and void if the current variance requests are approved. Shaffer asked if there was proof of parking. Olson stated no and that all the parking spaces are being built because the current parking is not adequate for the site. Cera asked how many parking spaces already exist and how many they would need. Olson stated that they would need 32 parking spaces for the 955-957 building and 22 spaces for the 955 building and that they are adding more spaces than what is required. Olson explained that these variance requests were triggered by a request for a conditional use permit at this site, which would require 38 spaces. In addition there still needs to be spaces for the other uses in the buildings. McCracken-Hunt asked if the City typically allows shared parking. Olson stated that property within 500 feet could be used for parking. Bob Venne stated that he and his partner, Dennis Brady have been tenants or owners of the building since the beginning. He stated that 4,000 square feet recently became available for lease and all of the potential lessees have said there isn't enough parking. He discussed some of the improvements he would like to make to the site. Sell asked if there is a door on the Winnetka side of building 955. Venne stated that there is a door there that employees use. . Shaffer asked if it would make more sense to combine the two buildings. Olson stated that the property would then have to be replatted and there would be a number of variances needed from the subdivision code. 12 Minutes of the Golden Valley Board of Zoning Appeals May 29,2002 Page 13 . Shaffer stated he is concerned that if the 925 building were sold the parking variance requests wouldn't matter. Venne stated that his intent would be to not sell the 925 building without the 955-957 building. He stated that his realtor has suggested he have parking agreements with the tenants. McCracken-Hunt asked Venne if he has pursued parking agreements with any of the adjacent property owners. Venne stated that he has approached McKesson and that they don't want to talk and that the property to south has a worse parking situation than he does. Shaffer stated that the proposed parking plan would work for what is there now and asked if a condition could be added to say if one of the properties were sold the parking wouldn't work. Olson stated that the conditional use could have a condition that if the property is sold, the tenant could be made to move out or work out the parking situation. Venne stated that the conditional use applicant was told two days before the Planning Commission meeting that they would need to have 17 more parking spaces and that is why he is requesting these variances now. He added that any potential tenant is going to need to have more parking spaces than what it there now. Shaffer asked how much space was taken when Winnetka Avenue was redone. Brady stated that 17 feet was taken from the Winnetka side and that there was more taken because of the corner cut. . For 925 Winnetka Avenue North: MOVED by Shaffer, seconded by Sell and motion carried unanimously to approve the request for 20 feet off the required 20 feet to a distance of 0 feet for the existing building at its closest point to the north side yard property line and 33 feet off the required 35 feet to a distance of 2 feet for the proposed parking lot at its closest point to the front yard property line along Lewis Road. For 955 -957 Winnetka Avenue North: MOVED by Shaffer, seconded by Sell and motion carried unanimously to approve the following requests · 21 feet off the required 35 feet to a distance of 14 feet for the existing building at its closest point to the front yard property line Winnetka Avenue North. · 15 feet off the required 35 feet to a distance of 20 feet for the existing building at its closest point to the front yard property line 10th Avenue North. · 20 feet off the required 20 feet to a distance of 0 feet for the existing building at its closest point to the south side yard property line. · 34 feet off the required 35 feet to a distance of 1 foot for the proposed parking lot at its closest point to the front yard property line along Lewis Road. . Additional Variance: 13 . . . Minutes of the Golden Valley Board of Zoning Appeals May 29,2002 Page 14 MOVED by Shaffer, seconded by Sell and motion carried unanimously to approve the request to reduce the size of the parking spaces from the required 9 feet in width and 20 feet in depth to 9 feet in width and 18 feet in depth. III. Other Business McCracken-Hunt asked if there is a timeline for contractors to get a project done. Olson stated that as long as the contractor is making progress there is no timeline, and that once the building permit has been issued the applicant has one year to start the project. IV. Adjournment The meeting was adjourned at 9:46 PM. 14 .. ~ " , . 8160 Wesley Drive 02-6-29 . Steve Susich . .. . . . Bey Memorandum Planning 763-593-8095/763-593-8109 (fax) To: Golden Valley Board of Zoning Appeals From: Dan Olson, City Planner Subject: 8160 Wesley Drive (Map 20) (02-6-29) Steve Susich, Applicant Date: June 19, 2002 Steve Susich, with property located at 8160 Wesley Drive, is requesting a variance from the Residential zoning. code (Section 11.21). The applicant has approached the City to build a garage addition to the existing home. This addition conforms to the building setback requirements. However, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home does not meet setback requirements. City Staff has allowed the applicants to sign off on a "Hold Harmless" form in order to receive a building permit for the remodeling project. This was done only after the applicant had submitted the required survey and application materials. The Hold Harmless form is attached. · The requested variance is from Section 11.21, Subd. 7(C)(1) Side Yard Setbacks. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width of more than 100 feet, the side yard setback shall be 15 feet. The requested variance is for 1.4 feet off the required 15 feet to a distance of 13.6 feet at it closest point to the west side yard property line for the existing home. The City's file on this property reveals that a permit was pulled in October of 1955 for the construction of the home. No other pertinent information was found in the file. . . . Subject Property: 8160 Wesley Drive Steve Susich, Applicant - Z59Z.otl?es. -sTREET ;:.-.:;..\ .... OULUTII.. .. .l....J/~,~;r..N,.. "~''''-'T-'{:,Fl~.. 836$ U4S ~iiis" ~ U.J/& 8ZfJI "./ N.".".J_."" ./0/ ',..... I , So ....:" IJIJ ... J \ . '!' 14f/i. "<.- .. ..". ." L.. 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(Revised. 1/9~) , Petition Number ' lJ 1- (.,- :11' " Date Received 5/ ~ ,I 0 J- Am~unt He~ived So ~ ~j) ($50 residential-S150other) 'PETITION FOR ORDINANCE WAIVER CITY OF GOLDEN VALLEY BOARD OF ZONING APPEALS 1. Street address of property involved in this petition: !f{o6 LJ~[{,E'1 blL &o"'o~y.;, ., ~~t.-lfr hfN, J~V~7 2. BZA Petition Date 3. Petitioner: [?tv€, .Ju.OC-1i Name f/~o uJG.ff.,c7 DR Address r(t. 'L 3 (. 2-f'1, 1- . Business Phone 60GOEtJ VII r..U;ltMIJ ((fIt? City/StateJZip 763..('z.( -lf1-{ Home Phone 4. If petitioner is not owner of all property involved in this petition, please name property owner and describe petitioner's interest (legal and other) in this property: 5. legal Description of property involved in this petition (found on survey): , '. .' 7.b :LDT '1j l3/,..ot..K I, boi.-O€p ()/tf(.S l/ Ab'f)ITIDN, f(etJJ.JBf'If') CouIVT1 IYJ'NNeSol14 6. Type of property involved in this petition: ~esid~ntial: .c:: Single Family _ Double Dwell~ng _ Multiple Dwelling Industrial Commercial Institutional _ Bus. & Prof. Office _ Other . . . rJHY-l.(-~lCllCl~ 14:::>::> CilY OF GOLDEN VALLEY 5938109 P.06/08 7. . Detat/ed 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 issued. . A-b A I r{O~ "b . . ...... . . . E: K(ff(Nb It71'f\GH~ 6/hf./t't! (, I'M Pc.-MJf fr,v.t) D.€ltw'ifJ~) t4(..~ttttt97 J ~iWll T7t:YJ ) 8. (Staff will complete this item) Waiver of Section Subd(s). Subd(s). . Subd(s). Waiver of Section Waiver of Section 9. Please attach a tJrief statement of the reasons, necessity. or hardshiP which provide groqnds for the granting of this waiver. Attach letter. photographs. or other evidence, if appropriate. fn11\c,KEl) 10. A current or usable survey of the property must be attached. Proposect (f.,t:: surveys are not acceptable. The survey must be prep~red by a regis- ON f tered land surveyor licensed In the State of Minnesota. The survey mu~ show all property lines. buil(linos. and streets. The distance from the house and all other buildings to .the front and side property linas s"'all be shown. The rear distance of any buildings from the property line will be needect. if in question. Also. the survey should show an approximate location of any buildinS!i Qn adfacent properties relative to th~ side~ where the construction will take place. If the survey is larger than 11" X 17". the applicant will supply seven additional copies of the survey for use by th" ~oard. 11. To the Applicant: To the best of my knowledge the statements found in this application are true and correct. Attached herewith is my check in the amount of $ 5"0.00 representing the Board of Zoning Appeals Application Fee. .AL Signature of Applicant UNLESS CONSTRUCTION OR THE ACTION APPLICABLE TO THIS WAIVER REQUEST, IF GRANTED, IS NOT TAKEN WI.THIN ONE YEAR, THE. WAIVER EXPIRES. FIH,-l'(-GIaIaG l~P::>::> ~l1Y Ur uULU~N VHLL~Y ::>':;l.:il::l1 Ia':;l r-.lQ(/lQO The applicant will need to obtain the signatures of, all at;Jjacent prop~rty owners; This includes all properties 'abutting the applicant's property and directly across the,street. If on a corner, this means across both streets. . NOtE TQ ADJAC~NT PROPERTY OWNE~: This petition is application for waiver of , Ordinance(s) of th~ City Zoning Code. Plea~e be aware 'of any pos~ib'e' effect the granting 'of ' , this waiver could have on your property. All property owners adjacent to the subject p'roperty , will receiv~ a notice of the Board of Zoning Appeaishearing, at which they may present their views. Your signature is required only to verify that you have been told about the request and gives the adjacent property owner opportunity to comment. ' (Comments can contain language of agreeing with the project; objecting to the project or other statements regarding the project) , Print Name GR86- Fot;\. ST Comrnent ~ ILd~./1'U; 06 7~~ d-r) rJ-4 /;Yl~v~~ ~ ^ I ..._#~ __~~ ' ',.L ~ ~.. Q ~~~~--y- Signafu~ Addres~~8'tJ UI ~/e7 .Vc. Print Name mo.",\: sto",-ebur-ne r Comment I h.o.ve_ NO 06 i ec-~ ic",-~ ' . ,AQdress 6 180 We s \~ Dr. Signature ~-vk 'bl~ Print Name \? ~ \.\^1 Gv~,^^S \ Comm~nt I ,,"u'v-( r-O vb ,l e J IVV'..) Signature 1)~ PrlnlName~/rvO '<'/~lQeo- Comment ,-I ~ -4. ~ AJ'{I f>())G ... . Address ~ 1 Llo {)..u \ k Y c-j-'6~ Signature ~ "-- ~ '- Address fJ /f(j rV~7 ....... . t CERTIFICATE OF SURVEY MARCIA PFElFBR FOR: LEGAL DESCRIPTION: Lot 4, Block 1, GOLDEN OAKS 4TH ADDITION, HENNEPIN COUNTY, MN. I N 84-04 '00" E 112.50 utility pole -- II' utility Eo..me~ _ - - - Oroinoge ond _- -- -- x 909.1 LOT 4 x 909.\ 5 ~ x 90B.5 ( x J 9~~:~ Z x Q.... Q\.... ~~ Q\. \3.6 .~ 8'1 ': t,o Cll N \1' )( ~ (; AlL /)(0 903.6 x' =Il \~ .~ '0 ~ . . . . x 904.7 ~ x 903.6 - - x 900.6 '112.50" E : N 84-04 '00 9\3.& -- 3 >,~r'" z ....Q ....0: l\:)Q\ . Q\ ~c::i ""1 Q,: =Il 906.Ox " '-' \ ".'1"V-N - - x 901.5 x 900.8 D R }~ Y ~ -- House/Garage= 1,758 Sq. Ft. Drive/Walks/Patio=946 Sq. Ft. Lat=12,657 Sq. Ft. Total Hardcover=2,704 Sq. Ft. Percent of Hardcover 21.4% o . X 000.0 Denotes iron monument Denotes offset stake Denotes existing elev. Denotes surface drainage BENCHMARK: Top of Hydront- Wesley Dr. & Orkla Dr. Elevation=907. 1 5 I hereby certify that this survey, pion or report was prepared by me or under DEMARS-GABRIEL my direct supurv13\on and that I am a duly Registered Land Surveyor under the D SURVEYORS, INC. Lawst.O~~e~ ~tZ of Minnesota. 3030 Harbor Lone No. -0 'd E-C----:-: Plymouth, MN 55447 aVI . r.oo", Phone:(763) 559-0908 Date: Ilt~~~ID1. - Minn. Reg. No. ----- File No. 11561 Book-Page 405-5 22414 Scole 1'=30' .. . . . MRY-17-2002 14:54 CITY OF GOLDEN URLLEY 5938109 P.01/08 ~ 1100 LJ~ r c..E Gf b I( Street Address . IIHOLD HARMLESS' I, J1l?VE J{}JiGH J am requesting the City of Golden Valley to allow me to proceed with a(n) 61l/(t}61! troD (TIDAl onto my house. I understand that my existing structure is nonconforming and that I will proceed to the next Board of Zoning Appeals meeting to request a variance{s) for this nonconformity. At this time 1 submit this uHold Harmless" letter which would allow me to proceed with my construction plans. I understand that if the variance is not granted I will discontinue what I am doing and put the land hack to its original state with no fault to the City of Golden Valley. S!FVE JUJ(Cff prinlN~ ~ I: . w . Signature J !7J~. I Date ~MO~ City of Golden Valley Staff Signature J.#or .. f Posl-tr Fax Note 7671 Da18 S 111 It ~ pBQiil$ ffolll D t1 .... o/~u,^ !To S+-e."e f~lt6,^ eo. eoJDcp\. Ph0n8'..,'1-f"4J I rg ()f' Phone I fBlC # Fad ,S"~ ,,"'11-3~ 0; . . \ . . . May 17, 2002 A waiver has never been granted on this property since it was built in 1957. We are extending the garage to the east in order to create a two-car garage. No work will be done on the west side of the house. A~ Steve Susich 8160 Wesley Dr . . . . . . WWW.ci.goUm_vll~ Y 6-7 -02 HEARING NOTICE Board of Zonina Appeals 8160 Wesley Drive Steve Susich, Applicant Steve Susich, with property located at 8160 Wesley Drive, has petitioned the Golden Valley Board of Zoning Appeals for a variance from the Residential zoning district. The applicant is proposing to build a garage addition onto east side of the existing home. This proposed garage addition meets building setback requirements. However, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home does not meet building setback requirements. Below is the requested variance: . Section 11.21, Subd. 7(C)(1) Side Yard Setbacks. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width of more than 100 feet, the side yard setback shall be 15 feet. The requested variance is for 1.4 feet off the required 15 feet to a distance of 13.6 feet at it closest point to the west side yard property line for the existing home. This petition will be heard at a regular meeting to be held Tuesday, June 25, 2002, beginning at 7:00 P.M. in the Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. If you have any questions or comments about this variance request, you may contact the Planning Department at 763/593-3992. Adjacent properties require notification. ~ ... . 1801 Independence Avenue North 02-6-30 . Sandra Gunderson . , . , \. . . . Bey Memorandum Planning 763-593-8095/763-593-8109 (fax) To: Golden Valley Board of Zoning Appeals From: Dan Olson, City Planner Subject: 1801 Independence Avenue North (Map 20) (02-6-30) Sandra Gunderson, Applicant Date: June 19, 2002 Sandra Gunderson, with property located at 1801 Independence Avenue North, is requesting variances from the Residential zoning code (Section 11.21). The applicant has approached the City to build a deck addition to the existing home. This addition conforms to the building setback requirements. However, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home does not meet setback requirements. City Staff has allowed the applicant to sign off on a "Hold Harmless" form in order to receive a building permit for the remodeling project. This was done only after the applicant had submitted the required survey and application materials. The Hold Harmless form is attached. . The first requested variance is from Section 11.21, Subd. 7(A) Front Yard Setback. City Code states that the front yard setback shall be 35 feet from the front yard property line. The variance requested is for 8.4 feet off the required 35 feet to a distance of 26.6 feet at its closest point to the front property line along Independence Avenue North for the existing home. . The second requested variance is from Section 11.21, Subd. 7(C)(3) Side Yard Setbacks. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width of less than 70 feet, the north side yard setback shall be 10% of the lot width. The requested variance is for 2 feet off the required 6 feet to a distance of 4 feet at it closest point to the north side yard property line for the existing home. The City's file on this property does not contain the original building permit for the home, but Hennepin County's property record system states that the home was constructed in 1925. No other pertinent information was found in the file. . . . Subject Property:1801 Independence Ave N Sandra Gunderson, Applicant " <:IW9 l. \0 .... I ~ ~ ~ I~-:~ It "". ... ....- ~ 7; I I I -.Zt"7;.44J i ., . -,\ '. . , ~I WI :if ~I 3: z I I- W I ;:) 0 I ~ ...I, ~o ..Je) a.. , \l. \l.O o , . ~",. . . t. t !' ....2. : ~ . ~ I " I 1 '" i ~." 8', ....... 'f> " I ~ 'P ~ t" .... ~ . . . (Revised 1/99) Petition Number 0 ? - '--:3 0 Date Received ~I ') zJ D:J-. Amount Received s-.O..()I) ($50 residential - $150 other) PETITION FOR ORDINANCE WAIVER CITY OF GOLDEN VALLEY BOARD OF ZONING APPEALS 1. Street address of property involved in this petition: I~D ( ~f)~fRY\~CVlC-' e ,4v~ /I 2. BZA Petition Date 3. Petitioner: act nj", ~ GlA. '""~ v....so V\ 7}rr;j I ~,9., p~elf\c -Q Av~ IV 6<1ikVl ltl(.." ),,;)5 Wi) Address City/State/Zip I /PI;)- 9'1/ -la </ ~ -;} I iR 3- L~V :J-- :;;~~~ Business Phone Home Phone 4. If petitioner is not owner of all property involved in this petition, please name property owner and describe petitioner's interest (legal and other) in this property: 5. Legal Description of property involved in this petition (found on survey): ),~ /\J) '" ,~ 6/ 6. ~ '1/ -/'~ .t//77-P/I=r~ _ ; ~':f-~ V I (.-,mzt.-<J;~" ''1 ~~~ ~~J Type of property involved in this petition: Residential: :i Single Family _ Double Dwelling _ Multiple Dwelling Industrial Commercial Institutional Bus. & Prof. Office Other . . 7. 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 issued. ~~-y,L 5 Ll-r/!'__L ~-d.-e /J~/ZJ~ &;? A~JL 8. (Staff will complete this item) Waiver of Section Subd(s). Subd(s). Subd(s). Waiver of Section Waiver of Section 9. Please attach a brief statement of the reasons. necessity. or hardship which provide grounds for the granting of this waiver. Attach letter, photographs, or other evidence, if appropriate. 10. A current or usable survey of the property must be attached. Proposed surveys are not acceptable. The survey must be prepared by a regis- tered land surveyor licensed in the State of Minnesota. The survey must show all property lines. buildings. and streets. The distance from the house and aU other buildings to the front and side property lines shall be shown. The rear distance of any buildings from the property line will be needed, if in question. Also. the survey should show an approximate location of any buildings on adjacent properties relative to the side(s) where the construction will take place. If the survey is larger than 11" x 17". the applicant will supply seven additional copies of the survey for use by the Board. 11. To the Applicant: . To the best of my knowledge the statements found in this application are true and correct. Attached herewith is my check in the amount of $ 5D, (j) representing the Board of Zoning Appeals Application Fee. Signature of Applicant UNLESS CONSTRUCTION OR THE ACTION APPLICABLE TO THIS WAIVER REQUEST, IF . GRANTED, IS NOT TAKEN WITHIN ONE YEAR, THE WAIVER EXPIRES. The applicant will need to obtain the signatures of all adjacent 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. . NOTE TO ADJACENT PROPERTY OWNERS: This petition is application for waiver of Ordinance(s) of the City Zoning Code. Please be aware of any possible effect the granting of this waiver could have on your property. All property owners adjacent to the subject property will receive a notice of the Board of Zoning Appeals hearing, at which they may present their views. Your signature is required only to verify that you have been told about the request and gives the adjacent property owner opportunity to comment. . . (Comments can contain language of agreeing with the project, objecting to the project or other statements regarding the project) Print Name ~E-j"..l- \.,~tV1 AS , Comment Signatu Address /1,;)/ LdFjJf:rlJkilJa Av,..:" Iv' C. ~. 59! Z Print NameJ<Ar-l~~ ~R..ANLc~ Comment Signature f2~~ Address ~Mb ,-k-S A g.d> v E:: Print Name Comment ~eiJv~ ADYI. K o..v~.\ L c.. (.o/~ - b~ 1- ~I ~ ~v, +- ,y Q: e-.K:. K~/)L...) <:' ~ bouT 1::i ~ Address lia ~ :r;J ~aJ~e~ AI f Signature Print Name Comment Signature Address . /}>o / ~~~ a.....- /?/ Street Address "HOLD HARMLESS' I,@~~"'-, am reques~ the City of Golden Valley to allow me to proceed with a(n) ~__ onto my hOLlse. I understand that my existing structure is nonconforming and that I will proceed to the next Board of Zoning Appeals meeting to request a variance(s) for this nonconformity. At this time I submit this "Hold Harmless" letter which would allow me to proceed with my construction plans. I understand that if the variance is not granted I will discontinue what I am doing and put the land back to its original state with no fault to the City of Golden Valley. . c=Z&"~r- ~44'5f!)~ Print Name ~L~~L" Signature s-- / I> - 0 ;;;... Date lJ tv] fj~ City of Golden Valley Staff Signature . . . . . ~W.d.goUm-vlt~ Y 6-7 -02 HEARING NOTICE Board of Zonina Appeals 1801 Independence Avenue North Sandra Gunderson. Applicant Sandra Gunderson, with property located at 1801 Independence Avenue North, has petitioned the Golden Valley Board of Zoning Appeals for variances from the Residential zoning district. The applicant is proposing to build a deck onto rear of the existing home. This proposed deck meets building setback requirements. However, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home does not meet building setback requirements. Below are the requested variances: · Section 11.21, Subd. 7 (A) Front Yard Setback. City Code states that the front yard setback shall be 35 feet from the front yard property line. The variance requested is for 8.4 feet off the required 35 feet to a distance of 26.6 feet at its closest point to the front property line along Independence Avenue North for the existing home. . Section 11.21, Subd. 7(C)(3) Side Yard Setbacks. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width of less than 70 feet, the north side yard setback shall be 10% of the lot width. The requested variance is for 2 feet off the required 6 feet to a distance of 4 feet at it closest point to the north side yard property line for the existing home. This petition will be heard at a regular meeting to be held Tuesday, June 25,2002, beginning at 7:00 P.M. in the Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. If you have any questions or comments about this variance request, you may contact the Planning Department at 763/593-3992. Adjacent properties require notification. '" , . 5121 Circle Down 02-6-31 . Alfred Minniti . . . . Hey Memorandum Planning 763-593-8095/763-593-8109 {fax} To: Golden Valley Board of Zoning Appeals From: Dan Olson, City Planner Subject: 5121 Circle Down (Map 9) (02-6-31) Alfred Minniti, Applicant Date: June 19,2002 Alfred Minniti, with property located at 5121 Circle Down, is requesting a variance from the Residential zoning code (Section 11.21). The applicant has approached the City to build a balcony addition to the existing home. This addition conforms to the building setback requirements. However, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home does not meet setback requirements. City Staff has allowed the applicant to sign off on a "Hold Harmless" form in order to receive a building permit for the remodeling project. This was done only after the applicant had submitted the required survey and application materials. The Hold Harmless form is attached. · The requested variance is from Section 11.21, Subd. 7(C)(1) Side Yard Setbacks. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width of more than 100 feet, the side yard setback shall be 15 feet. The requested variance is for 1.05 feet off the required 15 feet to a distance of 13.95 feet at it closest point to the east side yard property line for the existing home. The City's file on this property reveals that a permit was pulled in June of 1968 for the construction of the home. No other pertinent information was found in the file. . Subject Property: 5121 Circle Down Alfred Minniti, Applicant . .~.~ o ~ NO.-12 J - -l -- --. -- /'1 " \ I L=- -7" ..","......... CITY OF GOLOEN VALLEY CITY OF ST.LOUIS PARK , . -tilt 5:-:.-'\ --,11,41 ch.€J..I. -. $fA 11'1'00. I tl'~.v111 GI ~WAY -- Z713."rea. -- '-1155'- . . . . (Revised 1/99) Petition Number (J;2. - b - 3 ) Date Received S/?- ~ j OJ..- , Amount Received SO, 00 ($50 residential - $150 other) PETITION FOR ORDINANCE WAIVER CITY OF GOLDEN VALLEY BOARD OF ZONING APPEALS 1. Street address of property involved in this petition: .sId-- i a~(20b {JouJ'1- ST ~'cJ-<J .OL Petitioner: il L f ~ 0 {)( _ Name /1. _ 5 1:2-1 <_ le<:? c- C Address '(0 ~ . 3q/- L/Z~g Business Phone 2. BZA Petition Date 3. ; ... . rYllNN /-;; PO[Dt. S-r: c:.v rX-,V 5!: ~/b 1& 3 - 5~5:~te~;{i?Zj Home Phone 4. If petitioner is not owner of all property involved in this petition, please name property owner and describe petitioner's interest (legal and other) in this property: 5. Legal Description of property involved in this petition (found on survey): 60 T " CJ dri- 6. Type of pro,~ involved in this petition: Residential: X Single Family _ Double Dwelling _ Multiple Dwelling Industrial Commercial Institutional Bus. & Prof. Office Other I. . . . 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 issued. y1/d-. 1. / t i B4-L.~vY 7. \V flit 3 ilJ.- "f- I d-' A~ CJ-ICD -2.~\fL.W~ 8. (Staff will complete this item) Waiver of Section Subd(s). Subd(s). Subd(s). Waiver of Section . Waiver of Section 9. Please attach a brief statement of the reasons. necessity. or hardship which prov.idegrounds for the granting of this waiver. Attach letter, photographs, or other evidence, if appropriate. 10. A current or usable survey of the property must be attached. Proposed surveys are not acceptable. The survey must be prepared by a regis- tered land surveyor licensed in the State of Minnesota. The survey must show all property lines. buildings, and streets. The distance from the house and all other buildings to the front and side property lines shall be shown. The rear distance of any buildings from the property line will be needed. if in question. Also. the survey should show an approximate location of any buildings on adjacent properties relative to the side(s) where the construction will take place. If the survey is larger than 11" x 17". the applicant will supply seven additional copies of the survey for use by the Board. 11. To the Applicant: To the best of my knowledge the stateme found in this application are true and correct. Attached herewith is my check i th amount of $ 50..00 representing he Board of Zoning Appeals Application Fe . UNLESS CONSTRUCTION OR THE ACTION APPLlC BLE TO THIS WAIVER REQUEST, IF GRANTED, IS NOT TAKEN WITHIN ONE YEAR, THE WAIVER EXPIRES. . The applicant will need to obtain the signatures of all adjacent 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. NOTE TO ADJACENT PROPERTY OWNERS: This petition is application for waiver of Ordinance(s) of the City Zoning Code. Please be aware of any possible effect the granting of this waiver could have on your property. All property owners adjacent to the subject property will receive a notice of the Board of Zoning Appeals hearing, at which they may present their views. Your signature is required only to verify that you have been told about the request and gives the adjacent property owner opportunity to comment. (Comments can contain language of agreeing with the project, objecting to the project or other statements regarding the project.) Print Name ffrVL flt::l,J~T Comment Signature :j6~ ~~"Ji Address 5111 . C-/~- -toWtV Print Name -kATJ-lY Doh~ Comment Signature #~ Address .!D. ~ ~::~ ~~~~ - 5d-o( Print Name DON ~l.f)(L Comment Signature 't -~~LR Address 5.' ;to c:.. , P-.L LE:" J)o w-,J . 1 - Print Name Comment Signature Address t . . , . 5l~\ ~1~tE- fuVJA.l Street Address "HOLD HARMLESS' I ' I am re uesting the Cit Valley to all me to ptoc ed with a(n) ~ onto my house. I understand that my existing structure is nonconform ng and that I will proceed to the next Board of Zoning Appeals meeting to request a variance(s) for this nonconformity. At this time I submit this "Hold Harmless" letter which would allow me to proceed with my construction plans. I understand that if the variance is not granted I will discontinue what I am doing and put the land back to its original state with no fault to the City of Golden Valley. . Sign 0~/'O;L Date / ;p t1r\ () ~ City of Golden Valley Staff Signature . .. . . . / / //,-------- / / / / , , , / \~'t- ! ~'), ~ / ~'t,. ~';;;/()+ ~ x! " " r'\ ~!\ I ~ ~:'" ',,_ I ~ '& /$' "'" ,<:J , j' 1 t; // cy~'~"'" .~! ~ i!: " ", C\.' ~/'5(J~' /~ss .,1 '" "" ~! II II 7" ~ 'J /-- !-"'---"'t-. 01/ \ ~19 I , CERTIFICATE OF SURVEY ~ //7.9 ~..J>"'''' /-.>t'...r -.>t'<=, E ~ ~ '" PREPARED FOR: MR. JOHN SEEKON "- "- "- "- \ \ \ \ \ \ \ \ \ / 1/ 6 I 669' i I / / / / / / ~rt!'t! ...,. ___ ~ f-+-' "OR "', . .....:-.1 ~ rl\:., ~ ~ ,,-, tt '" "'~~-::'::-r...-j:t. r.:::::::;;-.,'~ ~ . ;; ""ere" '., 1 "':-,!',,,. W-..r--... - ill ". ,.~ fT'--,x~ '. 'll /j><: ,,''{'; ~ I"'. . " .,., ,~, '" '> \ : ":" " , ' '€' '" 1 l _. '" 1.,,-- ~1'),- I / "'". .; + , " ' ' ! (! /~/ ,: " ,:; 1 t I 1 ~. 1 1 8: :~ ,: 1 "I :' ' ,< ,: I! 1 ,/ l / ! f ! /' ! ' ' , / 1 / ~ " ~ ' &~ ! " , .I ~\ " '~ /4 i / ~. I 'V ---- .... -l.... .... --"':::O/h -'lh,.f "" I ....----:...%~ ....--1" { Ii " z '" ('; ~~ &. ~ ~ LEGAL DESCRIPTION: Lot 11, Block 2, SPRING GREEN SOUTH " / / / / I ~ ~ ;f .~ ~. G I It /I II 1\ I , I " / ' ~ ~ ~ ~ &. ~ ~~. ~ ~ , o Denotes iron monument Area: 13,440.1 Sq. Ft. ~ ~ ~,fiS ~'.~ ~ ~ '- '- '- I I I "'. ~ , , '--~~ ( ~""i;' '<~ ~~ ~~ /'J~.9s /2::5/'00...... C I I I .IV 1'IJe No. JJ666 1 bent" oerUJ;:r Ulat W. nne" ,10 or ,.,ort 1''' prepued t" me OJ' UDder ID.1' direct npen1BlolJ od ClIat 1 am a du.lT &,u1eJ'ed LaDd SUrre,1'oJ' UDder Ule la,.. 01 ClIe State 01 JIIDD..,ta. b lIW'II'e"*,, t" me U1I6 BOUI ..." 01 11.". zooz. DEMARS-GABRIEL LAND SURVEYORS, INC. 303OBari>oJ' LaDe No. P.{rmouCll, JIN 5IlU'I Pboae:(7tJ3) 1SISg...0fI08 ," :('IIIS) 1SIS9-fU7g Book-Pap 406-30 0:1X .f.-' DuM" C'n>ok Scale 1"=30' 1Ilml. Jle6. No. 1lJU14 } . . t . . www.ci.gOMm_vlt~ Y 6-7 -02 HEARING NOTICE Board of Zonina Appeals 5121 Circle Down Alfred Minniti, Applicant Alfred Minniti, with property located at 5121 Circle Down, has petitioned the Golden Valley Board of Zoning Appeals for a variance from the Residential zoning district. The applicant is proposing to build a balcony addition onto rear of the existing home. This proposed balcony meets building setback requirements. However, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home does not meet building setback requirements. Below is the requested variance: . Section 11.21, Subd. 7(C)(1) Side Yard Setbacks. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width of more than 100 feet, the side yard setback shall be 15 feet. The requested variance is for 1.05 feet off the required 15 feet to a distance of 13.95 feet at it closest point to the north side yard property line for the existing home. This petition will be heard at a regular meeting to be held Tuesday, June 25,2002, beginning at 7:00 P.M. in the Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. If you have any questions or comments about this variance request, you may contact the Planning Department at 763/593-3992. Adjacent properties require notification. .. .. ~ . 4925 Bassett Creek Drive 02-6-32 . Karen Miller and Alice Ottavi . . . . Hey Memorandum Planning 763-593-8095/763-593-8109 (fax) To: Golden Valley Board of Zoning Appeals From: Dan Olson, City Planner Subject: 4925 Bassett Creek Drive (Map 5) (02-6-32) Karen Miller and Alice Ottavi, Applicants Date: June 19, 2002 Karen Miller and Alice Ottavi, with property located at 4925 Bassett Creek Drive, are requesting variances from both the the Residential zoning code (Section 11.21) and the Shoreland Management Ordinance (Section 11.65). The applicants have approached the City to build a porch addition to the existing home. This addition does not meet the building setback requirements from Bassett Creek. Also, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home does not meet building setback requirements for the Residential zoning code and for Bassett Creek. Below are the requested variances: . The first requested variance is from Section 11.21, Subd. 7(C)(1) Side Yard Setback. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width greater than 100 feet, the side yard setback shall be 15 feet. The requested variance is for .03 feet off the required 15 feet to a distance of 14.97 feet at it closest point to the west side yard property line for the existing home. . The second requested variance is from Section 11.65, Subd. 5(A) Standards. City Code states that the distance between any part of a dwelling or structure and the Ordinary High Water Mark (top of creek bank) for Bassett Creek shall be governed by the following requirements: All structures shall be setback 50 feet from the Ordinary High Water Mark. The requested variances are for 16 feet off the required 50 feet to a distance of 34 feet from the existing house at its closest point to the top of the creek bank and for 10 feet off the required 50 feet to a distance of 40 feet from the proposed porch at its closest point to the top of the creek bank. Attached for your review are the comments of Mr. Tom Hovey of the Minnesota Department of Natural Resources (DNR) on this proposal. The City's Engineering and Planning Departments are in agreement with Mr. Hovey's suggestion that the proposed porch be no closer to Bassett Creek than the two adjacent properties. This would mean requiring the proposed porch to be set back about 2 more feet from Bassett Creek. The City's file on this property reveals that a permit was pulled in April of 1959 for the construction of the home. No other pertinent information was found in the file. .DEN Subject Property: 4925 Bassett Creek Drive Karen Miller & Alice Ottavi, Applicants . OF ~ "'~8 .~~ ';:!,~9 :~ ~~. ~ ..... I ,. School Oisl. 51'27) S "-54'40'w, IZ/. 76 . 110 .... 4& . /0 4800 DR IV E tDO .v 17 ..; 23 . ~ ~ .\)~ 140 ~'" . !:: ~ '" ! 0 . . . . (Revised 1/99) Petition Number 0 ~ - ,-}?-.. Date Received 5/').. j.j 0 J., . Amount Received YlJ~ 00 ($50 residential - $150 other) PETITION FOR ORDINANCE WAIVER CITY OF GOLDEN VALLEY BOARD OF ZONING APPEALS 1. Street address of property involved in this petition: '-fCf ~ 5 b4sse-tt C2 ree-K 1) ei ve, G V 0/-:2$/0?- ~reV\ Y M; /let' ~ AJ /e~ IYL O-HAV~ Name L{q;)'5 BassefT Creek DR, GoldeN Va II~ Address City/State/Zip-.J bI4~3'J7 -IPJo8 (rille"e..,) ;1103- 5d~ -.3DtI1 Business Phone Home Phone 2. BZA Petition Date 3. Petitioner: 551( 2>~ 4. If petitioner is not owner of all property involved in this petition, please name property owner and describe petitioner's interest (legal and other) in this property: 5. Legal Description of property involved in this petition (found on survey): [oi 9\ Block S; OctWf1 Ac.t'es 5ef1>>nd DeeD! +he_ E:"as+ g.[) ~ef i'hereo-{ , . A:-lc1 ,'-f J ~}) . . 6. Type of property involved in this petition: Residential: X. Single Family _ Double Dwelling _ Multiple Dwelling Industrial Commercial Institutional Bus. & Prof. Office Other . . . 7. 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 issued. 8. (Staff will complete this item) Waiver of Section Subd(s). Subd(s). Subd(s). Waiver of Section Waiver of Section 9. Please attach a brief statement of the reasons. necessity. or hardship which ovide rounds for the ra tin of his waiver. Attach letter, photographs, or other evidence, if appropriate. Van C4...Y\C e or P}(15-!J'rlj hDu.5e. 10. A current or usable survey of the property must be attached. Proposed surveys are not acceptable. The survey must be prepared by a regis- tered land surveyor licensed in the State of Minnesota. The survey must show all property lines. buildings. and streets. The distance from the house and all other buildings to the front and side property lines shall be shown. The rear distance of any buildings from the property line will be needed, if in question. Also. the survey should show an approximate location of any buildings on adjacent properties relative to the side(s) where the construction will take place. If the survey is larger than 11" x 17". the applicant will supply seven additional copies of the survey for use by the Board. 11. To the Applicant: To the best of my knowledge the statements found in this application are true and correct. Attached herewith is my check in the amount of $ C)'I? ~ representing the Board of Zoning Appeals Application Fee. UNLESS CONSTRUCTION OR THE ACTION APPLICABLE TO THIS WAIVER REQUEST, IF GRANTED, IS NOT TAKEN WITHIN ONE YEAR, THE WAIVER EXPIRES. The applicant will need to obtain the signatures of all adjacent 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. . NOTE TO ADJACENT PROPERTY OWNERS: This petition is application for waiver of Ordinance(s) of the City Zoning Code. Please be aware of any possible effect the granting of this waiver could have on your property. All property owners adjacent to the subject property will receive a notice of the Board of Zoning Appeals hearing, at which they may present their views. Your signature is required only to verify that you have been told about the request and gives the adjacent property owner opportunity to comment. '" (Comments can contain language of agreeing with the project, objecting to the project or other statements regarding the project.) Print Name Comment Address Signature . Print Name Comment Signature Print Name Comment . .e Address L\ C7 / ,)~ ~ t'~. ~ ~-t' I { -&> Print Name Comment Signature Address . HY-LAND SURVEYING, P.A. LAND SURVEYORS Proposed Top of Block . Proposed Garage Floor Proposed Lowest Floor 8700 Jefferson Highway Osseo. Minnesota 55369 PHONE (763)493-5761 FAX (763)493-5781 INVOICE NO. F.B. NO. SCALE 1"= 22907-2 261/73 20' o Denotes Iron Monument Type of Building - tturu"91lt'S at,.rlifimu tJ Denotes Wood Hub Set For Excavation Only xOOO.O Denotes Existing Elevation C:::>. Denotes Proposed Elevation N NOTE: PROPERTY CORNERS SET BY DEVELOPERS SURVEYOR w .- Denotes Surface Drainage E KAREN MILLER Property Located In Port Of Sec. ~ Twp. ~ R. ~ s ,\~,,;"1 ~. ~.,.\ t]<\'" .lJP'" ~<~ /- ..~.. B~SS~~~ \)1t\~~ C?-~~1. <;.f~.' . eM? It) .; UTILITY & DRAINAGE EASEMENT . LOT 9. BLOCK 5. DAWN ACRES SECOND ADDITION. EXCEPT THE EAST 8.0 FEET THEREOF. The only ....ement. ""own ore from plate of record of Informotlon pnMded by dlenL . I hereby certify that thle aurwy was prepared by me or under my direct aupervlelan. and that I am a duly Registered Land Surw~ under the lawe of the Slate of Minnesota. Signed Surveyed by us this 23RD day of OCTOBER . . 20 01 REVfSED=04-IB-02 Milton E. H)'Iand. Mi . . Minnesota Department of Natural Resources DNR Waters - Metro Region, 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 May 29, 2002 Dan Olson, Planner City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 RE: Karen Miller Structure Setback Variance Request, Bassett Creek, City of Golden Valley, Hennepin County Dear Mr. Olson: I have reviewed the information you sent relative to the structure setback variance request at 4925 Bassett Creek Drive and have the following comments: . I have concerns about constructing the covered porch only 40 feet from the top of the bank. This doesn't allow much room if the channel starts moving to the north or getting wider. My other concern is that the porch doesn't encroach closer than the average of the adjacent two houses or closer than the "string" test, whichever is appropriate. Sight lines of the adjacent neighbors shouldn't be compromised, especially if the house already encroaches into the required setback. I did not get a chance to visit the site in person. If there are extenuating circumstances that support a variance, and the City is inclined to grant one, I request that a condition be added to the variance that require.s a buffer be maintained ~r established. within at ieastl 0 feet oftb.e top of the stream bank. The buffer should not be mowed, and should maintained in a relatively natural condition. Thank you for the opportunity to comment. Please feel free to call if you have questions. ~ //0/ /~fl! /f7l7 . Tom Hovey /. Area Hydrologist . c: Karen Miller, 4925 Bassett Creek Drive, Golden Valley, MN 55422 DNR Information: 651-296-6157 · 1-888-646-6367 · TrY: 651-296-5484 · 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity ^ Printed on Recycled Paper Containing a ,." Minimum of 20% Post-Consumer Waste . . . . . . . . . . . wwmci~Um_vll~ Y 6-7 -02 HEARING NOTICE Board of Zonina Appeals 4925 Bassett Creek Drive Karen Miller and Alice Ottavi. Applicants Karen Miller and Alice Ottavi, with property located at 4925 Bassett Creek Drive, have petitioned the Golden Valley Board of Zoning Appeals for variances from the Shoreland Management Ordinance. The applicants are proposing to construct a porch addition onto the rear of the existing house. This addition does not meet setback requirements from Bassett Creek. Also, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home also does not meet setback requirements from the Creek. Below are the requested variances: Section 11.21, Subd. 7(C)(1) Side Yard Setback. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width greater than 100 feet, the side yard setback shall be 15 feet. The requested variance is for .03 feet off the required 15 feet to a distance of 14.97 feet at it closest point to the west side yard property line for the existing home. Section 11.65, Subd. 5(A) Standards. City Code states that the distance between any part of a dwelling or structure and the Ordinary High Water Mark (top of creek bank) for Bassett Creek shall be governed by the following requirements: All structures shall be setback 50 feet from the Ordinary High Water Mark. The requested variances are for 16 feet off the required 50 feet to a distance of 34 feet from the existing house at its closest point to the top of the creek bank and for 10 feet off the required 50 feet to a distance of 40 feet from the proposed porch at its closest point to the top of the creek bank. This petition will be heard at a regular meeting to be held Tuesday, June 25,2002, beginning at 7:00 P.M. in the Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. If you have any questions about this variance, you may contact the Planning Department at 763- 593-3992. Adjacent properties require notification. , " , . 1400 Natchez Avenue South 02-6-33 . Quinn and Daon Karpan . . Hey Memorandum Planning 763-593-8095/ 763-593-8109 (fax) To: Golden Valley Board of Zoning Appeals From: Dan Olson, City Planner Subject: 1400 Natchez Avenue South (Map 10) (02..6..33) Quinn and Daon Karpan, Applicants Date: June 19, 2002 . Quinn and Daon Karpan, with property located at 1400 Natchez Avenue South, are requesting variances from the Residential zoning code (Section 11.21). The applicants have approached the City to build a room and entryway addition to the existing home. These additions do not building setback requirements. Also, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home does not meet setback requirements. Below are the requested variances: · The first requested variance is from Section 11.21, Subd. 7(A) Front Yard Setback. City Code states that the front yard setback shall be 35 feet from the front yard property line. The variance requested is for 16.8 feet off the required 35 feet to a distance of 18.2 feet at its closest point to the front property line along Natchez Avenue South for the existing home. · The second requested variance is Section 11.21, Subd. 7(C)(2) Side Yard Setback. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width greater than 70 feet and less than 100 feet, the side yard setback shall be 15% of the lot width. The requested variance is for .2 feet off the required 12.6 feet to a distance of 12.4 feet at it closest point to the west side yard property line for the proposed room addition. . · The third requested variance is from Section 11.21, Subd. 7(8) Rear Yard Setback. City Code states the required rear setback shall be 20 percent of the lot depth. Staff has determined that the rear setback to be 26.4 feet from the property line to the existing greenhouse. The requested variance is for 19.7 feet off the required 26.4 feet to a distance of 6.7 feet at its closest point to the rear yard property line for the existing greenhouse. For the proposed home entryway, staff has determined that the rear setback to be 28.8 feet from the property line to the proposed entryway. The requested variance is for 15.4 feet off the required 28.8 feet to a distance of 13.4 feet at its closest point to the rear yard property line for the proposed entryway. For the proposed home, staff has determined that the rear setback to be 30.6 feet from the property line to the eastern corner of the existing home. The requested variance is for 4.9 feet off the . . . required 30.6 feet to a distance of 25.7 feet at its closest point to the rear yard property line for the eastern corner of the existing home. . The fourth requested variance is from Section 11.21, Subd.12 (A) Accessory Buildings. City Code states that the shed shall be located completely to the rear of the existing home, and shall be at least 35 feet from any lot line which is also a street line. The property owner is requesting variances for the shed to be built to the front side of the existing home at a distance of 9.7 feet from the side yard property line along Natchez Avenue South rather than the required 35 feet. The applicant is also requesting to have the shed to the north of the existing home, rather than behind the home. The City's file on this property does not contain the original building permit for the home, but Hennepin County's property record system states that the existing home was constructed in 1920 as a barn for a farmstead. The building was converted to a home in 1977. No other pertinent information was found in the file. . . . Subject Property: 1400 Natchez Avenue S Quinn and Daon Karpan, A plicants " t :t~ f~ ~ .~ ~ ,,& u. ~oundary Lin -' O. ~ (55~) " ---"4--- N N .. N A . . . (Revised 1/99) Petition Number 01.. - b -:J5 Date Received ~/vl D2, Amount Received 5--0.CJD ($50 residential - $150 other) PETITION FOR ORDINANCE WAIVER CITY OF GOLDEN VALLEY BOARD OF ZONING APPEALS 1. Street address of property involved in this petition: I tfbO tJ4:-knC7- M~ . 5.. 2. BZA Petition Date 3. Petitioner: -CX K,]I111. / /)a.on l!.a.rftJ..Y1. .. Name .. I . I .. .. J4f(){) Nel+-ck~ IW 5: f!tpleU17 V4.1I7rffln $1/.6 Address City/State/Zip '1.52-5~ ~I/f 1 7b3-~tfl-11 L/D Business Phone Home Phone 4. If petitioner is not owner of all property involved in this petition, please name property owner and describe petitioner's interest (legal and other) in this property: 6. Type of property involved in this petition: Residential: fling Ie Family _ Double Dwelling _ Multiple Dwelling Industrial Commercial Institutional Bus. & Prof. Office Other . . . 7. Detailed description of building (s), aqdition(s), andalteration(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 issued. 8. fJt.1rJ~ II ell tL1 1 retn.ltoL~e "g.' l/eKSior] ,t>! Waiver of Section Subd(s). Subd(s). Subd(s). Waiver of Section Waiver of Section 9. Please attach a brief statement of the reasons. necessity. or hardship which provide grouods for the granting of this waiver. Attach letter, photographs, or other evidence, if appropriate. 10. A current or usable survey of the property must be attached. Proposed surveys are not acceptable. The survey must be prepared by a regis- tered land surveyor licensed in the State of Minnesota. The survey must show all property lines. buildings. and streets. The distance from the house and all other buildings to the front and side property lines shall be shown. The rear distance of any buildings from the property line will be needed, if in question. Also. the survey should show an approximate location of any buildings on adjacent properties relative to the side(s) where the construction will take place. If the survey is larger than 11" x 17". the applicant will supply seven additional copies of the survey for use by the Board. 11. To the Applicant: To the best of my knowledge the statements found in this application are true and correct. Attached herewith is my check in the amount of $ ~e;().. Co representing the Board of Zoning Appeals Application Fee. /1 ;{.. I'll r ,. l' j i ~.' / . {' J' rt( i'i,'!/! Signa ure of Applicant UNLESS CONSTRUCTION OR THE ACTION APPLICABLE TO THIS WAIVER REQUEST, IF . GRANTED, IS NOT TAKEN WITHIN ONE YEAR, THE WAIVER EXPIRES. The applicant will need to obtain the signatures of all adjacent 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. . NOTE TO ADJACENT PROPERTY OWNERS: This petition is application for waiver of Ordinance(s) of the City Zoning Code. Please be aware of any possible effect the granting of this waiver could have on your property. All property owners adjacent to the subject property will receive a notice of the Board of Zoning Appeals hearing, at which they may present their views. Your signature is required only to verify that you have been told about the request and gives the adjacent property owner opportunity to comment. . . . (Comments can contain language of agreeing with the project, objecting to the project or other statements regarding the project.) Print Name Comment Signature Address il.f'"Lb ~~)C~I Si Print Name Comment Signature Print Name ~ OOA.2~ Comment Signature~7J?/k~Jn~dressi3~~tffb S, Print Name Comment Signature Print Name Comment Signature Print Name Comment Signature Print Name Comment Signature Print Name Comment: Signature Print Name Comment Signature . L/1JU/Y $JJ E!'G Address Address Address Address Address Address J4A3- .. . Waiver reauest for 1400 Natchez Ave S. This home was converted from an out-barn structure (originally constructed in 1920) into a home in 1977. Overall our plans are to try to retain as much integrity as possible to the historical aspects and appearances of the original structure. Our current finished square feet in this home is under 1800. These changes will allow us to have approx. 740 additional square feet. Request 1: Conversion of existing front green house structure into 4 season porch. Reason: Existing structure is not properly climate controlled and is no longer weather tight. Request is make it secure useable space. Request 2: Conversion of existing 2nd level cantilever deck into open lower level porch entry for the homes front doorway. Reason: Existing deck is no longer stable due to decay of wood and open deck boards cause entry to the home to be subject to weather conditions (i.e. rain). Request is to convert the distance the current deck extends into the property into an open porch to be used as the homes front entry way. . Request 3: Approve addition of new 12x26 space to be used to expand size of existing living spaces. Hardship: Due to the fact that this is a corner lot and the original building was constructed long before city set back requirements were in place, we are somewhat land locked. The continuation of addition to the southwest corner of the existing home will require additional non-compliance to what is considered the properties rear set back line. (Based on the way the home was constructed, it is considered to be the front and primary entrance to the home.) The goal of the west side of the addition is to stay within the side set back requirements, however, due to the fact that the lot line is at an angle and the home is not, we would like to make the outside construction of the new space equal 12 feet. This may mean we are inches over the side set back at the northwest corner of the west side addition. Request 4: "Grandfather" waiver approval for where the existing home is already over the current set back guidelines. . w. BROWN" LAND SURVEY.n\lG9 me. 8030 Cedar Avenue South Suite 228 WOODROW A. BROWN, R.LS. Bloomin~ton. MN 55425 President Phone (612) 854-4055 ~ - . Survey For: ./ 01 See Detail Quinn & Daon I") East 1'-/00 ~~~ S '" "0 -,~9~'O 16.24 NOTE: No Search Was ~<v 'i::;;-"y-- Made For Any ~ Easements. / ~<i) 6 <v "-::J<O / ~ ,,<:) r-v...... T .r-v" 0 NOR H ,$"t- .;t-'<:> ci ~ ~ .~' ;{9 1.3.{ O/~;:7'1 ~ /??"lO' ~ W .0, :: 1''' C\I ~...i to lO~"" CO F--...~ <<, cO f'J ~ \ 0\ ~ C\I ~ '-'" ~ O~ ZC I. 3:3 "/.. ~ 7.1 Scale: 1" =30' O..c ~-e o 0 I{)Z w ::> z w ~ \n 'Ztfl ~i\ 1; ~~ ~l e ~-+' ~ 9.7 1~~6f ~ . . Denotes Iron Monument Found o Denotes Iron Monument Set. Detail f-- () 19.0 . --' N W :c ~f~.U Y(I).Y ~'" ~ ~ <( Z 18.2 L PROPERlY DESCRIPTION .0 Lot 1, Block 1, lYROL WEST ADDITION of Line 1 described .below: Beginning at a point' on the Northwesterly line of said Block 1, distant 61.08 feet Southwesterly of the Northwest corner of said Lot 1; thence run Northeasterly to a point on the Westerly line of said Lot 1, distant 15 feet Southerly of the Northwest corner thereof; thence continue Northeasterly on the last described course to an intersection with the Northerly line of said lot 1 and there terminating. I hereby certify that this survey, plan or report 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. . BROWN LAND SURVEYING,. INC. 56/.00 ~~~--- 71/42 Woodrow A. Brown, R.L.S NO. 15230 lies Northwesterly ) Dated: May 11, 2000 1 of 1 - - - . ._- -. I - -...........l~.~ V ,.. 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I fi~~:; if!i~ ,'.' ; ':i'.... :. ~ . 1 .' ~'.: I ~ -' j ~ . .\l1..1 . ~I . . Ii . -:r , ,1 ~'. , '~ _: , ~ l~ il!i~' ,: ,\!.~ ------;----~ _L J~lh.irtLtH . ' ~, l ~" ~....-....." "'11'-' "'.....,,)IQ N:::l""'I'l'olH OJIH? , c;NQIJ...'9'^a~ ).~?d,i:.9 f "tol-l-tI4f~~9'&1n " ':39nOH ~ A.--::J).N;:J ~d ~ ~ l ~i l~ i \;1: .I .' ...01 '~.'~.' ~~ ~~ . n --.---.---.----..--.--------.-..-----'---- . . 'NJr..l I J-.:311~1\ N9Cl1ot:) . 'l"', ' . . '/\'<t.. "'Z:3H?J.."IN' oot71 N'Od"2J~ NNI n'l? l NcO'<1cr () ->- . ~ I . I 'k !h "...... :z]lC ":6"- i~! l~ . ~~ t ~ ' i , d . ~.. 'ii . . . . Photo of 1400 Natchez Ave S. Note: Photo taken 1994, west side tree has been removed due to disease, west side decking and steps have been removed due to the decay of wood. . . . . . . . . . . www.cigoUro_vll~y 6-7-02 HEARING NOTICE Board of Zonina Appeals 1400 Natchez Avenue South Quinn and Daon Kaplan. Applicants Quinn and Daon Kaplan, with property located at 1400 Natchez Avenue South, have petitioned the Golden Valley Board of Zoning Appeals for variances from the Residential zoning district. The applicants are proposing to build a room and entryway addition onto the existing home. These proposed additions do not meet building setback requirements. Also, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home and shed do not meet building setback requirements. Below are the requested variances: · Section 11.21, Subd. 7 (A) Front Yard Setback. City Code states that the front yard setback shall be 35 feet from the front yard property line. The variance requested is for 16.8 feet off the required 35 feet to a distance of 18.2 feet at its closest point to the front property line along Natchez Avenue South for the existing home. · Section 11.21, Subd. 7(C)(2) Side Yard Setback. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width greater than 70 feet and less than 100 feet, the side yard setback shall be 15% of the lot width. The requested variance is for .2 feet off the required 12.6 feet to a distance of 12.4 feet at it closest point to the west side yard property line for the proposed room addition. · Section 11.21, Subd. 7(B) Rear Yard Setback. City Code states the required rear setback shall be 20 percent of the lot depth. Staff has determined that the rear setback to be 26.4 feet from the property line to the existing greenhouse. The requested variance is for 19.7 feet off the required 26.4 feet to a distance of 6.7 feet at its closest point to the rear yard property line for the existing greenhouse. For the proposed home entryway, staff has determined that the rear setback to be 28.8 feet from the property line to the proposed entryway. The requested variance is for 15.4 feet off the required 28.8 feet to a distance of 13.4 feet at its . closest point to the rear yard property line for the proposed entryway. For the proposed home, staff has determined that the rear setback to be 30.6 feet from the property line to the eastern corner of the existing home. The requested variance is for 4.9 feet off the required 30.6 feet to a distance of 25.7 feet at its closest point to the rear yard property line for the eastern corner of the existing home. . Section 11.21, Subd. 12 (A) Accessory Buildings. City Code states that the shed shall be located completely to the rear of the existing home, and shall be at least 35 feet from any lot line which is also a street line. The property owner is requesting variances for the shed to be built to the front side of the existing home at a distance of 9.7 feet from the side yard property line along Natchez Avenue South rather than the required 35 feet. This petition will be heard at a regular meeting to be held Tuesday, June 25,2002, beginning at 7:00 P.M. in the Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. If you have any questions or comments about this variance request, you may contact the Planning Department at 763/593-3992. . Adjacent properties require notification. . 0>> . 115 Ardmore Drive 02-6-34 . Erich Wisiol . See Large Size Plans and/or Survey in Planning Department . .Uey Memorandum Planning 763-593-8095/763-593-8109 (fax) To: Golden Valley Board of Zoning Appeals From: Dan Olson, City Planner Subject: 115 Ardmore Drive (Map 8) (02-6-34) Erich Wisiol, Applicant Date: June 19, 2002 . Erich Wisiol, with property located at 115 Ardmore Drive, is requesting variances from the Residential zoning code (Section 11.21). The applicant has approached the City to build a room and room addition to the existing home. This addition does not meet building setback requirements. Also, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home does not meet setback requirements. Below are the requested variances: · The first requested variance is from Section 11.21, Subd. 7{A) Front Yard Setback. City Code states that the front yard setback shall be 35 feet from the front yard property line. The variance requested is for .6 feet off the required 35 feet to a distance of 34.4 feet at its closest point to the front property line along Ardmore Drive for the existing home. · The second requested variance is from Section 11.21, Subd. 7(C)(1) Side Yard Setbacks. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width of more than 100 feet, the side yard setback shall be 15 feet. The requested variance is for 11.2 feet off the required 15 feet to a distance of 3.8 feet at it closest point to the north side yard property line for the proposed room addition. According to the applicant, the room addition would be built between the existing double car garage and the existing living space of the home (the garages would be moved toward the north property line). The City's file on this property reveals that a permit was pulled in September of 1951 for the construction of the home. No other pertinent information was found in the file. . e e. e Subject Property: 115 Ardmore Drive Erich Wisiol, Applicant . . . .' (Revised 1/99) Petition Number ~ ~ -I, ~ J 'I Date Received (0 ~ 3- D '::l-.. Amount Received <t SD ($50 residential - $150 other) PETITION FOR ORDINANCE WAIVER CITY OF GOLDEN VALLEY BOARD OF ZONING APPEALS 1. Street address of property involved in this petition: { IS IJrz Pr?7 en'Z <. P d"Z ,'v<.. _ q ~ V ~ ,,~ tV 2. BZA Petition Date 3. ~12 ,.c/~ g: 0>s /vi-. Name /15 IJ-e9Y>1 o,zs Address /1;v f3 Petitioner: Business Phone J)e.-v< - q~ V~l City/State/Zip . 1-(,$ - g 1-~ ~:S/"Io~ , Home Phone 4. If petitioner is not owner of all property involved in this petition, please name propert owner and describe petitioner's interest (legal and other) in this property: L".,- 1./'. g,6vc.--~ Iv q ~'L- J' A_~ ~ ~r,-':- ~,/J;~ 5. Legal Description of property involved in this petition (found on survey): LI)'/ If) ~ Ii) I $ Ch,..~ ~ ~~tJ/1~ 6. Type of property involved in this petition: Residential: 'f- Single Family _ Double Dwelling _ Multiple Dwelling Industrial Commercial Institutional Bus. & Prof. Office Other . . . 7. 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 issued. ~~-r-./~ ~ /6" vV~;Y ~ t; ~,,-7Z 4- ~ ~ /~~;I' ~~ 8. (Staff will complete this item) Waiver of Section Subd(s). Waiver of Section Subd(s). Subd(s). Waiver of Section 9. Please attach a brief statement of the reasons. necessity. or hardship which provide grounds for the granting of this waiver. Attach letter, photographs, or other evidence, if appropriate. 10. A current or usable survey of the property must be attached. Proposed surveys are not acceptable. The survey must be prepared by a regis- tered land surveyor licensed in the State of Minnesota. The survey must show all property lines. buildings. and streets. The distance from the house and all other buildings to the front and side property lines shall be shown. The rear distance of any buildings from the property line will be needed, if in question. Also. the survey should show an approximate location of any buildings on adjacent properties relative to the side(s) where the construction will take place. If the survey is larger than 11" x 17". the applicant will supply seven additional copies of the survey for use by the Board. 11. To the Applicant: To the best of my knowledge the statements found in this applical,!9n are true and correct. Attached herewith is my check in the amount of $ ~:;< representing the Board of Zoning Appeals Application Fee. ;;;;;;~ c;? /P~ Signature of Applicant UNLESS CONSTRUCTION OR THE ACTION APPLICABLE TO THIS WAIVER REQUEST, IF GRANTED, IS NOT TAKEN WITHIN ONE YEAR, THE WAIVER EXPIRES. . . . The applicant will need to obtain the signatures of all adjacent 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. NOTE TO ADJACENT PROPERTY OWNERS: This petition is application for waiver of Ordinance(s) of the City Zoning Code. Please be aware of any possible effect the granting of this waiver could have on your properfy. All property owners adjacent to the subject property will receive a notice of the Board of Zoning Appeals hearing, at which they may present their views. Your signature is required only to verify that you have been told about the request and gives the adjacent property owner opportunity to comment. ) (Comments can contain language of agreeing with the project, objecting to the project or other statements regarding the project) Print Name bOJ,/ftl-j;) N. /VAJ)/<.. EI4Li Comment Signature U)~ m. ~ _ Address 1:1 'I A~IJ~l?c (j)~... , Print Name Comment J.t1~~.F Cu. J 0 h >l"Y':> J1 Signature q~ (L) qL...-AddreSS 1l-7 ,qro~""c 0", ~ ~[1'JyJ r:flJrc$ --1~~~- Print Name Comment Signature B~ ~.~ ~J-J5SA C . Address ll-. 'J.... MtJ f1tg ~~ A ~ S J-.,BE.RP-J 4J Print Name Address I ;;{o . . . . . . wwmci.goUm_vll~,y 6-10-02 HEARING NOTICE Board of Zonina Appeals 115 Ardmore Drive Erich Wisiol. Applicant Erich Wisiol, with property located at 115 Ardmore Drive, has petitioned the Golden Valley Board of Zoning Appeals for variances from the Residential zoning district. The applicant is proposing to build a room addition onto north side of the existing home. This proposed room addition does not meet building setback requirements. Also, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home does not meet building setback requirements. Below are the requested variances: · Section 11.21, Subd.7(A) Front Yard Setback. City Code states that the front yard setback shall be 35 feet from the front yard property line. The variance requested is for .6 feet off the required 35 feet to a distance of 34.4 feet at its closest point to the front property line along Ardmore Drive for the existing home. · Section 11.21, .Subd. 7(C)(1) Side Yard Setbacks. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width of more than 100 feet, the side yard setback shall be 15 feet. The requested variance is for 11.2 feet off the required 15 feet to a distance of 3.8 feet at it closest point to the north side yard property line for the proposed room addition. This petition will be heard at a regular meeting to be held Tuesday, June 25,2002, beginning at 7:00 P.M. in the Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. If you have any questions or comments about this variance request, you may contact the Planning Department at 763/593-3992. Adjacent properties require notification.