10-23-01 BZA Agenda
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I.
Board of Zoning Appeals
Regular Meeting
Tuesday, October 23,2001
7pm
7800 Golden Valley Road
City Council Chambers
Approval of Minutes - September 25, 2001
II.
The Petitions are:
1601 Gettysburg Avenue North (Map 20) (01-9-41)
Val Levev, Applicant
Request:
Purpose:
Request:
Purpose:
Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback
. 24.24 feet off the required 35 feet to a distance of 10.76 feet for the proposed
room addition at its closest point to the front yard property line along Olympia
Street.
To allow for the construction of a room addition to the existing home.
Waiver from Section 11.21, Subd. 12 (A) Accessory Buildings
. .84 feet off the required 5 feet to a distance of 4.16 feet for the existing detached
garage at its closest point to the north side yard property line.
To bring the existing detached garage into conformance with accessory building
setback requirements.
4210 Olson Memorial Highway (Map 7) (01-10-45)
Breck School, Applicant
Request:
Purpose:
Waiver from Section 11.35, Subd. 7 (A) Yard Setbacks
. .5 feet off the required 35 feet to a distance of 34.5 feet for at its closest point for
the existing building to the front yard property line along Olson Memorial Highway.
To bring the existing ice arena building into conformance with front yard building
setback requirements.
3340 Noble Avenue North (Map 3) (01-10-46)
Donald Nesheim, Applicant
Request:
Purpose:
Waiver from Section 11.21, Subd. 7 (C) (1) Side Yard Setbacks
. 8.96 feet off the required 12.76 feet to a distance of 3.8 feet for the proposed
garage addition at its closest point to the south side yard property line.
To allow for the construction of a garage addition to the existing home.
2101 Regent Avenue North (Map 5) (01-10-47)
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Greg Spaulding, Applicant
Request:
Purpose:
Request:
Purpose:
Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback
· 6.4 feet off the required 35 feet to a distance of 28.6 feet for the existing home
and for the proposed garage addition at its closest point to the front yard property
line along Regent Avenue North.
To bring the existing home into conformance with building setback requirements and
to allow for the construction of a garage addition to the existing home.
Waiver from Section 11.21, Subd. 7 (C) (1) Side Yard Setbacks
. 9.25 feet off the required 14.25 feet to a distance of 5 feet for the proposed
garage addition at its closest point to the south side yard property line.
To allow for the construction of a garage addition to the existing home.
1908 Gettysburg Avenue North (Map 19) (01-10-48)
Bill Delanev, Applicant
Request:
Purpose:
Request:
Purpose:
Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback
. .1 feet off the required 35 feet to a distance of 34.9 feet for the existing home at
its closest point to the front yard property line along Gettysburg Avenue North.
To bring the existing home into conformance with building setback requirements.
Waiver from Section 11.21, Subd. 7 (C) (1) Side Yard Setbacks
. 3.5 feet off the required 11.9 feet to a distance of 8.4 feet for the existing deck
and for the proposed deck addition at its closest point to the south side yard
property line.
To bring the existing deck into conformance with building setback requirements and
to allow for the construction of a deck addition to the existing home.
2510 Mendelssohn Avenue North (Map 19) (01-10-49)
Verizon Wireless, Applicant
Request:
Waiver from Section 11.35, Subd. 7 (B) Front Yard Requirements
. 2.3 feet off the required 75 feet to a distance of 72.7 feet for the existing building
at its closest point to the front yard property line along Hillsboro Avenue North.
. 10.38 feet off the required 75 feet to a distance of 64.62 feet for the proposed
vestibule at its closest point to the front yard property line along Hillsboro Avenue
North.
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Purpose:
. 25 feet off the required 75 feet to a distance of 47.7 feet for the existing front
canopy at its closest point to the front yard property line along Hillsboro Avenue
North.
To allow for the construction of a new front vestibule and to bring the existing building
and front canopy into conformance with front yard setback requirements.
501 Ottawa Avenue South (Map 9) (01-10-50)
David Thate. Applicant
Request:
Purpose:
Request:
Purpose:
Request:
Purpose:
Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback
. .1 feet off the required 35 feet to a distance of 34.9 feet for the existing home at
its closest point to the front yard property line along Ottawa Avenue South.
To bring the existing home into conformance with front yard building setback
requirements.
Waiver from Section 11.21, Subd. 7 (C) (1) Side Yard Setbacks
. .7 feet off the required 15 feet to a distance of 14.3 feet for the existing home and
the proposed room addition at its closest point to the north side yard property line,
To bring the existing home into conformance with side yard building setback
requirements and to allow for the construction of a room add.ition to the existing home.
Waiver from Section 11.21, Subd. 12 (A) Accessory Buildings
. .4.4 feet off the required 10 feet to a distance of 5.6 feet for the existing gazebo at
its closest point to the existing pool.
To bring the existing gazebo into conformance with accessory building requirements.
1039 Rhode Island Avenue North (Map 16) (01-10-51)
Cheri and Charles Nvbera. Applicants
Request:
Purpose:
Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback
. 17.9 feet off the required 35 feet to a distance of 17.1 feet for the proposed
entryway at its closest point to the front yard property line along Phoenix Street.
. 14.9 feet off the required 35 feet to a distance of 20.1 feet for the proposed
second story addition at its closest point to the front yard property line along
Phoenix Street.
To allow for the construction of a proposed front entryway and second story addition
to the existing home.
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Request:
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Purpose:
Waiver from Section 11.21, Subd. 12 (A) Accessory Buildings
. 11.9 feet off the required 35 feet to a distance of 23.1 feet for the existing
detached garage at its closest point to the front yard property line along Phoenix
&~. .
To bring the existing detached garage into conformance with accessory building
requirements.
4240 Bassett Creek Drive (Map 5) (01-10-52)
Joann and Fran Braun, Applicants
Request:
Purpose:
Request:
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Purpose:
Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback
. 7 feet off the required 35 feet to a distance of 28 feet for the proposed entryway
at its closest point to the front yard property line along Bassett Creek Drive.
To allow for the construction of a proposed front entryway to the existing home.
Waiver from Section 11.21, Subd. 12 (A) Accessory Buildings
. ? feet off the required 35 feet to a distance of ? feet for the existing gazebo/shed
at its closest point to the front yard property line along Kyle Avenue North.
To bring the existing gazebo/shed into conformance with accessory building
requirements.
III. Other Business
IV. Adjournment
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
e
September 25, 2001
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
September 25, 2001, in the employee lunchroom, 7800 Golden Valley Road, Golden Valley,
Minnesota. Chair McCracken-Hunt called the meeting to order at 7:00 PM.
Those present were members Cera, McCracken-Hunt, Sell and Planning Commission
Representative Shaffer. Also present were staff liaison Dan Olson and recording secretary Lisa
Wittman.
Pu_rp_Qse:__
.: 7 (A) Front Yard Setbacks
I. Approval of Minutes - August 28, 2001
MOVED by Sell, seconded by Cera and motion carried unani
2001 minutes as submitted.
II. The Petitions are:
3235 Kyle Avenue North (Map 3)(01-9-38
Dennis Dienst.!\pplicant
Request:
e
. 1.85 feet off t
point to th
r feet to a distance of 33.15 feet at its closest
property line along Adell Avenue.
gb_omeintQco_nfQrrnal1c~wlth JrQDt Yc:lrgbuilgi09-setback
Olson stated that the a'
setback requirements.
process of submit
home does not
proposing to build an attached garage that does meet the
that this is a fairly administrative variance because during the
mg plans, it was discovered through his survey that the existing
ck requirements.
MOVED by!" ded by Cera and motion carried unanimously to approve the applicant's
request for 1.8 ff the required 35 feet to a distance of 33.15 feet at its closest point to the
front yard property line along Adell Avenue.
1316 Kelly Drive (Map 15) (01-9-39)
Joe and Sue Forster. Applicants
Request: Waiver from Section 11.21, Subd. 7 (C) (1) Side Yard Setbacks
. 2.2 feet off the required 15 feet to a distance of 12.8 feet for the proposed
e 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.
Minutes of the Board of Zoning Appeals
September 25, 2001
Page 2
..
Olson stated that the applicant's request was carried over to this meeting from the August 28,
2001 meeting because of a change in the original room addition variance request. He stated that
the request on the agenda now is to allow for the construction of a room addition to the north side
yard to a distance of 12.8 feet to the lot line.
e
McCracken-Hunt asked for clarification as to whether the variance was for the existing home, as
the agenda states, or if it is for the proposed addition. Olson stated that the variance request is for
the proposed addition and not for the existing home as the agenda stat
Purpose:
nd that the Board
as alright unless
the City Attorney
Shaffer stated that the previous request was for 1.2 feet of the req
did already have a discussion about allowing 2.2 feet and that th
the City Attorney required re-notification of the neighbors. Ols
required this re-notification.
Cera clarified that the Board voted for 13 feet off the re
MOVED by Shaffer, seconded by Sell and motion
required 15 feet to a distance of 12.8 feet for. the p
side yard property line.
nimously to approve 2.2 feet off the
dition at its closest point to the north
6573Glenwood Avenue (Map 1
Michael and Judith Stenwick
e
Request:
.21, Subd. 7 (C) (1) Side Yard Setbacks
tequirecJ15-feettooa-1:iistantErof 7.1 feet for the proposed
t its closest point to the south side yard property line.
the construction of a deck addition to the existing home.
Olson stated th
there is a deck c
property lin an i
would like to build a deck onto the existing home. He stated that
ere, but the applicants would like to make it two feet closer to the
ady is.
Cera asked if the ginal deck received a variance. Olson stated that the property owner was
denied a variance in the past for the home and the deck has never received a variance.
Judith Stenwick, Applicant stated that she would like to add a cement slab and a porch under the
deck in the future. Olson stated that aV~Iii3nQe wouldn't be needed for a cement slab but that a
variance would be needed for a porch addition.
McCracken-Hunt asked the applicant to explain why she needs the deck to be wider than it is now.
Stenwick stated she can only fit one chair on it and that there's not enough room to walk around it. A
Shaffer asked if the deck could be on the side of the house. Stenwick stated that they just wantto .,
replace what is already there and the existing deck is unusable as it is.
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Minutes of the Board of Zoning Appeals
September 25, 2001
Page 3
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McCracken-Hunt stated that she is uncomfortable with how tight visually the deck is to the
adjacent home. Shaffer stated that the neighbor didn't seem to have any C?bjection to the proposal
and the fact that it is on a corner lot makes it difficult.
Sell stated that according to the survey the abutting house on Hampshire is 15 feet away so it
appears that the proposed Stenwick deck would not be a visual obstruction.
McCracken-Hunt stated that the request for an 8-foot wide deck isn't an
1601 Gettysburg Avenue North (Map 20
Val Levev. Applicant
the request for 7.9
tion at its closest
MOVED by Sell, seconded by Cera and motion carried unanimousl
feet off the required 15 feet to a distance of 7.1 feet for the prop
point to the south side yard property line.
Stenwick asked what the likelihood would be of the Board ap
deck in the future. Shaffer stated the Board would proba8
because they are more closed-in visually than an op~1iIl
creened porch under the
prove a screened porch
Request:
ubd. 7 (A) Front Yard Setback
e
. 24.24 feet 0
propos
along
uired 35 feet to a distance of 10.76 feet for the
iition at its closest point to the front yard property line
Stre'~.
Purpose:
nstruction of a room addition to the existing home.
Request:
Section 11.21, Subd. 12 (A) Accessory Buildings
t off the required 5 feet to a distance of 4.16 feet for the existing
tached garage at its closest point to the north side yard property line.
bring the existing detached garage into conformance with accessory
uilding setback requirements.
Olson stated that the applicant would like to build a room addition onto the existing home which
does not meet the setback requirements. He stated that during the construction planning process
it was discovered that there is also an existing detached garage that does not meet the setback
requirements. He stated that this property received a variance in 1961 allowing the home to be
located 22 feet to the front yard property line along Olympia Street, instead of the required 35 feet
and that this request, if approved, would be going 12 feet further into the setback.
e
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Minutes of the Board of Zoning Appeals
September 25, 2001
Page 4
Val Levey, Applicant, stated that the lot across the street from his to the south is an empty lot _
owned by the City and that the nearest house to his is 150 feet away. He stated that the houses .,
to the east are up high on hills and so if he were to go 12 feet further into the setback it would
improve the area visually by making it appear more wide open. He referred to the letter he
submitted with his application and stated that by allowing him to build off the end of his home he
would only have to add six trusses and do very little foundation work. He stated he looked at the
option of building onto the back of the house but the plumbing is in the front and it would be
impossible without having the plumbing run five feet off the ground throu a finished basement.
He stated that by adding onto the end of the house he could use a co throom wall to add
a three-quarter bath and create a new master bedroom simply and e
McCracken-Hu
e of siding and
evey stated he would
in their neighborhood and'
orhood are thinking of doing the
Won is because they need more
McCracken-Hunt asked the applicant if he was intending to us
building materials on the proposed addition that is already 0
put on new siding and window sashes. He stated that they w
have decided to overbuild the house and that others in t
same thing. He stated that his main purpose in prop .
room.
McCracken-Hunt stated she was concerned
distance of what is there. She stated cone
of the City where it would be nice to allow
st because it is basically half the
is being a corner setback, but it is an area
xpan ion of the homes
set ack would be. Olson stated it would be 15% of e
that perspective it would only be 2 or 3 feet off the
Cera asked if it weren't a corner lot,
90 feet. Cera stated that when 10
required setback if it weren't a
Sell stated that he remem
feet front yard setbacks. H
feet not a variance fro
uses along Olympia Street being granted variances to 22
c@that this request should be looked at as a variance from 22
because 22 feet became the standard on Olympia Street.
e request would then be an 11-foot variance.
Sell asked t
instead of 12
three-quarter ba
room.
he could make his proposal work if the addition were 10 feet wide
ey stated that he really wanted to go out 14 feet originally, but adding the
m would take up some of the addition and that 10 feet would not be enough
Shaffer asked the applicant if this variance request weren't approved, would he put the addition on
the back of the house. Levey stated no because the back of the house drops 12-15 feet and the
plumbing is in the front of the house and it wouldn't work and would destroy the entire lower level
of the house.
Cera asked the applicant if he had any plans of the interior of the house. Levey stated he didn't,
but described the layout and clarified why he wanted to do the addition where he's proposed. e
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Minutes of the Board of Zoning Appeals
September 25. 2001
Page 5
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McCracken-Hunt questioned if this would be setting a new precedent of an 11-foot setback instead
of a 22-foot setback on Olympia. Levey stated the house next door has a 14-foot setback so the
precedent has already been set.
McCracken-Hunt stated she would like to see more information on the floor plan.
Shaffer stated he didn't think the Board should approve the request because it would be setting a
precedent.
Request:
level of the house.
since the house
2 feet it's actually
)l3ck at the house next
Levey stated it just couldn't be done any other way without destroyin
Sell stated he would rather see the applicant build a 10-foot addi .
next door has a 14-foot setback. Levey stated that the additio
11.25 feet. Sell stated he could justify 10 feet because of th
door.
Shaffer stated he understands there are some issue
hardships on this property. McCracken-Hunt state
could see a floor plan to understand the dimension
the Board an aerial photo of the property at t
se, but there aren't any real
elp to table the request until they
oms. Shaffer asked Olson to show
e
MOVED by Shaffer, seconded by Cera a
requests to the October 23,2001 mee'
ied unanimously to continue the variance
4505 Sunset Ridge (Map
Deborah Perkins and
ion 11.21, Subd. 12 (A) Accessor;y Buildings
the required 10 feet to a distance of 9 feet for the proposed deck
at its closest point to the swimming pool.
w for the construction of a deck addition to the existing home.
Olson stated ants are proposing to replace a deck on the south side of the existing
home. He state t it was discovered that the deck has always been less than the required 10
feet away from the pool and that is why the applicants are requesting this variance.
McCracken-Hunt stated that with the privacy fence and the layout of the yard, there is not really a
visual problem.
Cera asked if there was a deck there previously. Rhonda Wiggins, Applicant stated that she tore
the existing deck down and then found out there was a problem when she applied for the permit to
build the new deck. She stated the new deck they are proposing is much smaller than the deck
e they tore down.
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Minutes of the Board of Zoning Appeals
September 25, 2001
Page 6
Shaffer stated that since the applicant is replacing a deck that was non-conforming with a deck
that is smaller he sees no problem with the requested variance. e
MOVED by Shaffer, seconded by Cera and motion carried unanimously to approve the request for
1 foot off the required 10 feet to a distance of 9 feet for the proposed deck addition at its closest
point to the swimming pool.
701 Lilac Drive North (Map 12) (01-9-43)
Tennant Company. Applicant
Req
irements
Request: Waiver from Section 11.36, Subd. 6 (A) Fr
. 24.6 feet off the required 35 feet to a
lot at its closest point to the front yard
100.
. 10 feet off the required 35 fe
parking lot at its closest poi to th
Highway 55.
.4 feet for the parking
ne along State Highway
of 25 feet for the existing
ont yard property line along State
Purpose: To allow for the constr
parking lot intbcoof
ew parking lot and to bring the existing
ront yard setback requirements.
Request: Waiver from Se
Requiremen
ubd. 6 (C) (1) Side and Rear Yard
e
quired50 feet to-8 distance-of 35 feet for the existing
. s closest point to the property line along a property in the
ill~:Qning district.
existing parking lot into conformance with side and rear yard
quirements.
erfromSection 11.36, Subd. 6 (C) (2) Side and Rear Yard
quirements
. 17.5 feet off the required 25 feet to a distance of 7.5 feet for the existing
parking lot at its closest point to the property line along a property at 5738
Olson Memorial Highway.
. 17 feet off the required 25 feet to a distance of 8 feet for the existing
parking lot at its closest point to the property line along a property at 5730
Olson Memorial Highway.
. 23.6 feet off the required 25 feet to a distance of 1.4 feet for the proposed
parking lot at its closest point to the property line along a property at 623
Lilac Drive North.
e
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Minutes of the Board of Zoning Appeals
September 25, 2001
Page 7
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Purpose: To bring the existing parking lots into conformance with side and rear yard
setback requirements.
Request: Waiver from Section 11.36, Subd. 7 (A), (B), and (C) Loading and Parking
Requirements
. To reduce the parking requirements for this office/warehouse from 778
required parking spaces to 611 parking spaces.
Purpose:
To bring the existing site into conformance wit
ce requirements.
Olson stated that the Tennant Company is proposing to constr
that most of the requested variances are for existing conditio
the southeast corner of the parking lot being proposed and a
parking spaces for the site.
w arking lots. He stated
~#t
"~ with the exception of
In the number of required
Olson referred to the site plan, went through each
zoning districts on each lot and whether or not the
conditions. Sell asked if there were any vari
no.
quest and discussed the different
re for existing conditions or new
o this property before. Olson stated
e
Sell asked how much of the parking I
site plan that will be a new parking 10
Olson referred to the portion on the
Shaffer stated that the only req
feet for a distance of 1.4 feet fo
along a property at 623 Lil
'now because 1.4 feet ets
ems him is the one for 23.6 feet off the required 25
oposedparking lot at its closest poiht to the property line
h. He recommended keeping that area the same as it is
Shaffer asked the
Plifka, Applican
processes and m
ey are going to be increasing their number of employees. John
ey are not adding employees they are trying to streamline their
ier to maneuver their trucks.
McCracken- that she would like to talk about the amount of parking and the amount of
reduction in parkl and asked if the Board is comfortable with the number of parking spaces the
applicant is proposing. Shaffer stated that they are adding more parking spaces so he doesn't
have concerns about the number of parking spaces.
Olson r~ferred to the Deputy Fire Marshal's memo dated September 10, 2001. McCracken-Hunt
reviewed the memo with the applicant.
e
James Trettel, 5802 Olson Memorial Highway, stated he is totally against the whole proposal. He
stated that there is enough noise and enough other problems the way it is without letting them
expand and get something for nothing. He stated he puts up with snow blowers, blowing pop
cans, beer cans, bottles and broken glass.
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Minutes of the Board of Zoning Appeals
September 25, 2001
Page 8
He stated they plummeted dirt balls against his house a couple years ago and that there is no
cooperation from them at all and to give them a variance isway out of line. He stated that there is
noise there all time and they can't open their windows. He asked the Board not to give them the
variance.
e
Olson clarified that the variance request near Mr. Trettel's property is for an existing condition and
that it is not one of the areas that they are expanding.
MOVED by Sell, seconded by Cera and moti .. imously to approve the following
requests: 24.6 feet off the required 35 feet of 10.4 feet for the parking lot at its
closest point to the front yard property Ii tate Highway 100, 10 feet off the required 35
feet to a distance of 25 feet for the ex' lot at its closest point to the front yard property .
line along State Highway 55, 15 feet equired 50 feet to a distance of 35 feet for the existing ..
parking lot at its closest point to line along a property in the Residential zoning district,
17.5 feet off the required 25 fe IS an e of 7.5 feet for the existing parking lot at its closest
point to the property line along rty at 5738 Olson Memorial Highway, 17 feet off the
required 25 feet to a dista for the existing parking lot at its closest point to the property
line along a property a 73 emorial Highway and to reduce the parking requirements for
this office/warehouse equired parking spaces to 611 parking spaces. The request for
23.6 feet off the r to a distance of 1.4 feet for the proposed parking lot atits.closest
point to the pro a property at 623 Lilac Drive North was denied.
ut near his house
Mr. Trettel stated there would still be more noise and more traffic goi
and he is totally against the proposal.
Shaffer stated he's not sure that the Board has the authority to
complaints and that basically the applicant's variance reques
the hardship criteria for variances or they are in conformance.
bout Mr. Trettel's
conditions, they meet
McCracken-Hunt stated that there are City noise or .
control over~
endent of what the Board has
d Road (Map 19) (01-9-44)
son, Applicant
Request: Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback
. 3.6 feet off the required 35 feet to a distance of 31.4 feet for the existing
garage at its closest point to the front yard property line along Bies Drive.
Purpose:
To bring the existing garage into conformance with front yard building setback
requirements.
e
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Minutes of the Board of Zoning Appeals
September 25, 2001
. Page 9
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Request: Waiver from Section 11.21, Subd. 7 (C) (1) Side Yard Setbacks
. 1.5 feet off the required 15 feet to a distance of 13.5 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 building setback
requirements.
Req uest:
. 7.75 feet off the required 24.05 feet to
existing garage at its closest point to
. 3.25 feet off the required 24.05 feet t
proposed porch at its closest pon
6.3 feet for the
d~ltproperty line.
is e of 20.80 feet for the
ear yard property line.
Request: Waiver from Section 11.21, Subd. 7 (B) Rea
Purpose: To bring the existing garage in
-reeJuirementsand to allow fort
home.
ance with front yard building setback
ction of a porch addition to the existing
ubd. 12 (A) Accessory Buildings
e
.
ed 5 feet to a distance of 1.7 feet forthe existing shed
the west yard property line.
q r 10 feet to a distance of 6 feet for the existing shed at
no ttie-Erxisting~hol11e.
ed is not located completely behind the existing home as is
e City Code.
existing shed into conformance with accessory building
nts.
Olson state
it was discove
meet setback req
ants are proposing to replace a porch on the existing home. He stated that
looking at the survey that the existing home, garage, and shed do not
ements.
McCracken-Hunt asked Olson to go over the requested variances one at time. Olson referred to
his memo dated September 19, 2001 and discussed each variance request.
Sell asked the applicant if he built the shed. Craig Halverson, applicant stated yes. Sell told him
that he built it in the drainage and utility easement. Halverson stated he could take it down. Sell
stated that the Board couldn't approve the variance request for the shed because it is in the utility
easement.
e
Olson asked if the Board would make the applicant take the shed down. Shaffer stated no, but
they can't legally granta variance request for the shed because it is in the utility easement.
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Minutes of the Board of Zoning Appeals
September 25, 2001
Page 10
t
Halverson stated he was already considering taking the shed down. McCracken-Hunt stated that
in the past they've let these types of structures stay, they just can't be improved, modified or
remodeled.
.
MOVED by Shaffer, seconded by seconded by Cera and motion carried unanimously to approve
the requests for 3.6 feet off the required 35 feet to a distance of31.4 feet for the existing garage at
its closest point to the front yard property line along Bies Drive, 1.5 feet off the required 15 feet to
a distance of 13.5 feet for the existing home at its closest point to the we ide yard property line,
7.75 feet off the required 24.05 feet to a distance of 16.3 feet for the e rage at its closest
point to the rear yard property line and 3.25 feet off the required 24. distance of 20.8
feet for the proposed porch at its closest point to the rear yard pr it e requests for 3.3
feet off the required 5 feet to a distance of 1.7 feet for the exist" closest point to the
west yard property line, 4 feet off the required 10 feet to a dis t for the existing shed
at its closest point to the existing home and that the existing located completely behind
the existing home as required by the City Code were de
MOVED by Shaffer, seconded
request by Irene Bartram,
of 2.5 feet for the fireplace
III. Other Business
Olson referred to a variance request at 1001
BZA meeting agenda and stated that part
He stated that the applicant has redesig
variance that was tabled any more. H
request and asked that the Board de
days variance requests are auto
it that was on the August 28, 2001
st was approved and part of it was tabled.
p a e and is not requesting the part ofthe
the applicant has not officially withdrawn her
bl request because if action is not taken after 60
roved. _
e
-and-motion carried unanimously to deny the--variance
1i;~"yrol Trail for 12.5 feet off the required 15 feet to a distance
tits closest point to the east side yard property line.
IV.
e
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1601 Gettysburg Avenue
North
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01-9-41
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Val Levey
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Bey
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Board of Zoning Appeals
From:
Dan Olson. City Planner
Subject:
1601 Gettysburg Avenue North (Map 20) (01-9-41)
Val Levey, Applicant
Date:
October 17, 2001
This variance was continued from the September meeting so that additional information could
be provided in order to consider the variance request. The BZA requested the following
information:
Aerial photo of the property and surrounding buildings
Interior plans of the proposed remodeling projects
This information is attached for your review. Also attached for your review is the original
information packet on this variance request.
c;ifi.
\j01~ln'Valley 1601 Gettysburg Ave N
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Hey
Memorandum
Planning
763-593-80951763-593-8109 (fax)
To:
Golden Valley Board of Zoning Appeals
Dan Olson, City Planner
From:
Subject:
1601 Gettysburg Avenue North (Map 20) (01-9-41)
Val Levey, Applicant
Date:
September 19, 2001
Val Levey, with property located at 1601 Gettysburg Avenue North, is requesting variances
from the Residential zoning code (Section 11.21). The applicant has approached the City to
build a room addition onto the existing home. This room addition requires a variance from
the building setback requirements. Also, during the construction planning process, it was
discovered that the detached garage does not meet building setback requirements.
Previously, this property received a variance. In December of 1961, a variance was
approved for this property for a proposed home. The minutes from that meeting are
attached for your review. At that time, the applicant received a variance for the proposed
home to be located 22 feet to the front yard property line along Olympia Street, instead of the
required 35 feet.
This room addition and existing garage require the following variances from building setback
req uirements:
· The first requested variance is from Section 11.21, Subd. 7(A) Front Yard Setback.
City Code states that the room addition shall be 35 feet from the front yard property line
along Olympia Street. The variance requested is for 24.24 feet off the required 35 feet to a
distance of 10.76 feet at its closet point to the front property line along Olympia Street for
the proposed room addition.
· The second requested variance is from Section 11.21, Subd. 12 (A) Accessory
Buildings. City Code states that the detached garage shall be located at least 5 feet
from a property line. The variance requested is for 0.84 feet off the required 5 feet to a
distance of 4.16 feet for the detached garage at its closet point to the north side yard
property line.
The City's file on this property reveals that a permit was pulled in December of 1961 for the
construction of the existing house. No other pertinent information was found in the file.
Subject Property: 1601 Gettysburg Ave N
Val Levey, Applicant
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(Revised 1/99)
Petition Number t1/ - 7 - ~ I
"
Date Received q Ii/Oj
Amount Received ~ 0 _ OD
($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:
/6'0/ bc.llys.6uJ2) LYi/f> /?/
v
2. BZA Petition Date
3.
Petitioner: f'~ ./
Name // .'
/~> 6 /
Address
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Gd.Jde.~ l/)P//E v'
H?/p /1/1 ft/ '1/ . .t73>-~~ ?
,- City/State/Zip
Business Phone
Home Phone
4. If petitioner is not owner of all property involved in this petition, please name property
. owner and describe petitiOfler's.interest (legal and other) in.this property:
.,......-....-.....,....
5. Legal Description of property involved in this petition (found on survey):
L crf /0 't- ,~4e c5L....,.:/-h !~0 f /c~;f ,. L:?/C>C~~ )),
t/
!. /tl5e tlf I 'eLJ &. ~/i5 / ~'~-<.A~;'" ~ D~, /~ A~.v
6. Type of property involved in this petition:
Residential: X Single Family _ Double Dwelling _ Multiple Dwelling
Industrial
Institutional
Bus. & Prof. Office
Commercial
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.
/JJ! ''7 ,;;1 j
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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 all other buildings to the front and side property lines shall b~ shoV\{n.
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 knowl~dg~ the statements found in this a~lica~i~ are true ~nd
correct. Attached herewith IS my check in the amount of $ /':>0 , (,7 representing the
Board of Zoning Appeals Application Fee.
~1.WJJ ~-Ikb
Si I ature of Applicant 0 l
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 abu. tting 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.)
Signature~~ - : ~=t5
. Print Name (J ~'5 I ~) 1 ).( J:;.
Comment
Address (I ZOO O/~/IY1iP) {~
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Igna ure . Y; (111\(1;
r~i;V____ . Address I 0(Jq
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Comment
Signature (l"v'-<Jlt'
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Address IhO Lf
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Comment
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Print Name ::re Y~i/ d..- hi ';"1 /
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Comment
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Signature h ~
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Print Name
Comment
Signature
Print Name
Comment
Signature
Print Name
Comment
Signature
Print Name
Comment:
Signature
Print Name
Comment
Signature
.
Address
Address
.
Address
Address
.
Address
.
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VAL & CINDY LEVEY
1601 GETTYSBURG AVE. N.
GOLDEN VALLEY, MN 55427
,July 24, 2001
City of Golden Valley
Board of Zoning Appeals
7800 Golden Valley Road
Golden Valley, MN 55427
To Whom It May Concern:
I am writing to express our desperate need for approval to
enlarge our master bedroom and add a ~ master bathroom.
We currently occupy our SE corner bedroom, which is barely able
to accommodate our queen size bed and a dresser. Even this
leaves us little room to move around, and the closet is so tiny
it can't hold the cloths for two peop:e.
By add~ng only twelve feet to the south side of the house we
can create an average size comfortable master bedroom. We can
back up a new ~ bath to the current bath common wall, which
sits directly over the waste and vent access. By expanding to
the south we require very little excavation, minimal
foundation, onlysixtrussBs, and standard2x6 framing, all of
which keeps the project simple and financially feasible.
Even tflough this addition may leave us a bit "overbuilt" for
our neighborhood, we love our neighbors and Golden Valley, and
fe eJ. -the--in-v-Bstme n t is__-wGr-thit-by a II_owi ng__u3-to ..Lemai n where
we are. We also feel this might very well encourage others to
follow suit, which can only enhance the entire area and
generate additional value and taxes for the city.
We request your earliest possible approvaJ s= that we ca~ 'in
the project ASAP.
Sincerely,
Val & Cindy Levey
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CERTIFICATE OF SURVEY
For: Val Levey
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STREET
OL YMPIA
GRAVEL SURFACE
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Scale: 1"=30'
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Page 2 of 2
James R. Hill, Inc.
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CERTIFICATE OF SURVEY
For: Val Levey
PROPERTY DESCRIPTION: Lot 1 0 & the South 1 /2 of Lot 9
Block 11, LAKEVIEW ESTATES, Hennepin c.ou.rrtl'. Minnesota
We hereby certify that this is a true and c<j>rrect survey of the above
described property and that it was performed by me or under my
direct supervision and that I am a duly Lic~nsed Surveyor under the
laws of the State of Minnesota. That this s~rvey does not purport to
show all improvements. easements or encroa;chments, to the property
except as shown thereon. I
Signed this 5th doy of June
By:
Notes:
o Denotes set iron monument
. Denotes found iron monument
@ Cotch Bosin
Bearings are on assumed datum
Scale: 1"-30'
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(j~ James R. Hill, Inc.
. . PLANNERS /. ENGINEERS / SURVEYORS
2500 w. ClY. Ro. 42. StIlE 120. 8lRlS\t.lE, MN 55337
PHONE: (952)890-6044 FAX: (952)890-6244
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neguiat" t-~eeti!ig of the GOlden Vaiiey PlarH1'ing Commission, Dee.. 14, 1961
The .r.ning and Ordinance Comrrdttees at their joint meeting
~ ',. . oj ',. ~ l' It' ,
re ~ c 1:1 ~-.." i: Ie perml ttea llses Hi any area S.iOU ,Q oe CQn r' eo
by zoning. This arrangement has \.'\Iorked \'1e1 i for the f', iage
in the past ai. arl1ending the Zoning Ordinance to a1 OVI special
. ",".. t ~
uses, no~ presen~ ai lowea, 1n a caegory waul e un
undesirable and sho ld be discouraged.
l;~~ r .
at~1d
reco;"iimends
in.:;;; 1:oni ng Commi tteell wi t I rnember Lync
, . . J:: h-
Qf;m'!ai Of tl 1$ request.."
Jim Hawks wer-e present
ive to the applications.
tck~tion by J,;;nsen, seconce oy ElQ:;dv~el1 that. the Pl ing Comrnissioii
Ciccept the Coo1ilTlttee r art and reco..rftl";'1el1d denial of t: is application
to tlle {;cnmc: i i. Mo~'; on can- 'i ed \,'5i th member lynch abs t~H .
Fur ther eli St::u<.- "" 1 on fo 11 01,....8d in regard to the .poss i bU i ty of br den-
. ., ,. .1 d ". . 1 . "'1 1 ~ "" h
1 ng tne coe... 1:0 a i I m~ a ern: H)na I uses I nen: prcsen L y a I C'ir~e(i ~ 111 t: e
Xndustr'., I Zone. It \oSas agreed that no action \I\Ia5 needed at this
time
(}f;DINl.U';\CE \tJAIVEf<S
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(1','" {,',,1.$._: r."\"a{:"','('",.(._.'.'~ i.:~:-3m.,.,lo'1n:..l~ t tA.!~ r-~~? i. rl'j",~:3f.~ (o"""i.f' t"<'t'-!~ I"1~Vt:>. ,h~ "~"l> '!J 'i P""\\.J'"l:i"g . e~QIi (1- >5
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nn'c;qlJest is for lw'Jcl'fver of Sec.. 3..i1 Zoning Code C3S ft. s.et back)
(i"f 13 ft.. to a 22 ft. set back from 0 i yrnpi a St.. The 22 ft.. set
b~(:k wOt! i d a i IOtfJ a 26 i~t. home on a 60 ft. corner lot and "'lOU 1 d
est~biish this set back on Olympia St. The Corr.mittee agrees that
this would conform to other set backs in this area and ~ould be
to trs(~~ best irlt{3rests .c~'~:: tt'''i6 Vi 11aae: Irie Cornnl1ttee reCQilTiends
r()\lal.ii oJ
r1:~c.ti€.)rl [~5V ~V(~lz". se.concted 1)\1 ~~.~f~trf;an t~1at t~le
.l'.... .?
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... .." "'t. ." .,
I., (}Urh: '1 i. f'K.} ~ 1 on :1118ilHfiOUS I Y car n ea..
Planning C~T:mission accept
r~ ~~~~ r~"u-eh ~~ ~h~
JeLtt{~::J ~ *,;\..~ .~S~l. ~V ~ tt.;
l:):: "lir,~,r~t_tlS DR!'!E i~ORTri .... p(~~J~o C:c~i-"~:~or~ltior,
..,,~,.;.:;..=~~=~:..~. ....., ~~~~~~ . \'
r.'" (~C~ <".~r;tnC:F: ~.~
Reg~ln~ Me~ti~g of the Vil1~ge Coun~ilo Dc~e~be~ 19D 1~61
'Page 3..
.
P.e.-.Cll?~!::':.~,'!..' r,~~r;:. 9~di.n;;m., .'~~, .wnivcr co 1601 G~._ stn_u:~!~.. Northg
~.~1!iif:fl:.~.J::_~~~~"::-~.m~~~. "_....._ ____.......... ..~~:::
Mro Joe Lo Ero~~o
~c~om~endation of
o~diuan~e waiver..
Vi~e P~ed,{'ier1t of the Plfu-:ning CommissitUln presented the
'the Planning CO!'JIDlission to atpi'ro?e the l'equest fer an
(see minu~eg of 12~14=1961)..
MOVED bV Tere~i seeonded bV S~herer earried to n~pr@ve the request for ~
ordill~~e waivex at 1601 Ge~tysburg Avenue Nortbo upon recommendation of
the 1l'lru:ming Commissiouo
for Otdin~~eWaiver= 115 Douglas Drive North
~~~ .'V"'T'""_'p- _ .....
fb~~$t!f~~~~..td
at 6480 .
.
M~. Lo ~~o~n0
~e~om~e ~a~ion Qf
o:rdinzm~e I;uiver'o
V2.~(i? lPre$iflefilt of 'l:ne Pb.nning CDrnmi$$ioDI'I pre$cnt
t17.e Pl~'1!1ing C~l<m!is$ion to ai'rH~G.ve the request f
~~ee minute$ Gf lZ~14=1961)o
~~VED by Plan ngan sec@nded bW Teresi ~~~ie~ to ~p~c~e the
olfdii,!iSaru~e ~t '115 l)Qlugla$ Drive North~ 'Pt:lio
mencl~t!on @f the lanning Commi$~~~no
71le auil~in~ In5~c~tor p~ $ented a req~e$t for
W~\~atn Eculevard.forVeli, Sales Ccmp~yo
MOVED by Eies' ~'w@oiuied bV Ft.ano ag~ d;;anied
~er~it at 6430 WaV2nta Bouleva~ for the V~
deny the reque$t fo~ a sign
Sales Company 0
Re$u~$~ for Si~o Pexmit. = 9400 =
lI!P~.aw~~~~~~ ~~~ws::=:
Bowel' Tawerng.
T~e'5uilding IDspe@tor ~resente~ a
~th Avenue North for the Bowery Ta
MQVED by fl~~nag~~ $eeonded by ie$ ~arried t 'a~~gove the request ror a
$ign pe~mit at 9400 = 6th Av~ De North fer the owery TaweroD
Brc!;1; House
The Building Ins~e~to-
Ernst Hou$e Moverso
e. request for:
Li~en$e for
r~v.sD bV I? le..,"m~,
a Hou$e MO'"Jino
D se~on~ed by TeAesi ~~~ied to a~pr.ove tb
ieense for Ernst House ~DVer$ effe~tive Janu
,.",L&.,~J~~~....~~~.,.g~!TfE!.~~.l5,32!!....f,~ AdcU,nff .!St~ur~i'llt5
to Industrial Zon .
Ms.'e
Vieee PZ€:sic1ent of the Pl:w:ming Com..'lii$~iono pz:'e$ented
of the Plav.nil1g Cilmmis:don to deny $aid request"
.
/
!01~H.tgt{".s ne~$ al'~ea;:ed to &:eqitest the Zoning Code be ~cnded by adding
~e$tu~~~t$ to the InaM8trial Zoning CodeD and to $ugge$t n ~cmmittee be
ni.)1JfOii~ted ~;'f3 ~'tijJd'1 ti1t? iiultter fttrt~je.r L)
.
.
.
.
WWW'd'~Um-~ll~ Y
9-6-01
HEARING NOTICE
Board of Zoning Appeals
1601 Gettysburg Avenue North
Val Levev, Applicant
Val Levey, with property located at 1601 Gettysburg Avenue North, has
petitioned the Golden Valley Board of Zoning Appeals for variances from
the Residential zoning district. The applicants are proposing to build a
room addition onto the existing home. This room addition requires
variances from building setback requirements. Also, during the
construction planni~g process, it was discovered that the existing
detached garage does not conform to setback requirements. This
construction project requires variances from the following section of City
Code.
. Section 11.21, Subd. 7(A) Front Yard Setback. City Code
states that the room addition shall be 35 feet from the front yard
property line along Olympia Street. The variance requested is for
24.24 feet off the required 35 feet to a distance of 10.76 feet at its
closet point to the front property line along Olympia Street for the
proposed room addition.
. Section 11.21, Subd. 12 (A) Accessory Buildings. City Code
states that the detached garage shall be located at least 5 feet
from a property line. The variance requested is for 0.84 feet off
the required 5 feet to a distance of 4.16 feet for the detached
garage at its closet point to the north side yard property line.
This petition will be heard at a regular meeting to be held Tuesday,
September 25, 2001, 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 763/593-8095.
Adjacent properties require notification.
.
.
4210 Olson Memorial
Highway
.
01-10-45
Br.eck School
.
.
Hey
. Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Board of Zoning Appeals
From:
Dan Olson, City Planner
Subject:
4210 Olson Memorial Highway (Map 7) (01-10-45)
Breck School, Applicant
Date:
October 17, 2001
Breck School, with property located at 4210 Olson Memorial Highway, i~ requesting a variance from
the Light Industrial zoning code (Section 11.35). The applicant recently completed construction of a
.new ice arena at this location. Upon submittal of an as-built survey' of the new building, it was
iscovered that the existing building does not meet building setback requirements.
In 2000, this property was subdivided, rezoned from Industrial to Light, Industrial, and received a
Conditional Use Permit to allow an ice arena on this site. A copy of the Conditional Use Permit is
attached for your review. The ice arena building was completed in 2001. The following is the
requested variance:
. The requested variance is from Section 11.35, Subd. 7 (A) Yard Setbacks. City Code
states that the front setback shall be 35 feet from the front yard property line. The variance
request for the home is for .5 feet off the required 35 feet to a distance of 34.5 feet to the
front property line along Olson Memorial Highway for the existing ice arena building.
.
Subject P .
Breck Sc::~~~typ:p 1~210 Olson Mem H
lcant wy
City of Mpls.
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(Revised 1/99)
Petition Number 0 ( - /0 - If 5'
Date Received '1 -II.( -6/
Amount ReceivedS / !f'"(). OD
($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:
4210 Olson Memorial Highway
2. BZA Petition Date October 2~. 2001
3.
Petitioner:
Sunde Land Surveyinq, LLC
Name
9001 E. Bloominqton Frwy.
Address
952-881-2455
Business Phone
Home Phone
- Suite 118 Bloomington. MN
City/State/Zip
55420
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:
Owner - Breck School
Land Surveyor of site
5. _ Legal Description of property involved in this petition (found on survey):
Lot 1, Block 1, BRECK SCHOOL ICE ARENA ADDITION
6. Type of property involved in this petition:
Residential: _ Single Family _ Double Dwelling _ Multiple Dwelling
Industrial
Commercial
Institutional
Bus. & Prof. Office
. Other _x Ice Arena
.
.
.
.
.
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'''"
CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMIT
No. 00-81-01
.
Date of Approval: April 18. 2000 by the City Council in accordance with
Sec. 11.10. Subd. 2 and Section 11.35 of City Code
Issued To: Breck School
Approved Location: Area bounded by Olson Memorial Hiahway on the South.
Dahlberg Drive on the West and North and 4101 Dahlberg
Drive on the East
Approved Conditional
Use: To allow for the operation of an ice arena in the Liaht
Industrial zonina district
Conditionals of Approval:
1. The "Site Plan Option C" package for the Breck Ice Arena, prepared by ACe
Architects, dated 2-~1-00,becomes a part of this approval.
.
2. The property is consolidated into one lot prior to the issuance of any building
permits for the ice arena.
3. The recommendations found in the memo to Mark Grimes from City Engineer Jeff
Oliver, PE, and dated 3-6-00, shall become a part of this approval.
4. The recommendations found in the memo to Mark Grimes from Deputy Fire
Marshal Ed Anderson, and dated 3-1-00, shall become a part of this approval.
5. The recommendations found in the memo to Mark Grimes from Building Official
Gary Johnson, anq dated 3-6-00, shall become a part of this approval.
6. The ice arena hours shall be limited to the hours of 6:00 A.M. to 12:00 midnight.
Special events after those hours may be permitted only with approval of the Golden
Valley City Manager.
7. The Building Official shall approve site lighting plans.
8. Signage shall be as allowed for in the Light Industrial zoning district.
9. A landscape plan shall be reviewed by the Board of Building Review and
Environmental Coordinator.
.
.
.
.
1 O.A tree preservation plan shall be submitted and approved for this site. This plan
shall show the significant trees removed and mitigation amounts required.
11.AII other applicable local, state, and federal requirements shall be met.
12. Failure to comply with one or more of the above conditions shall b grounds for
revocation of the conditional use permit.
Warning:
Issued by:
This permit does not exempt you from all other city code
provisions, regulations.. and ordinances.
4 /j/
7t'ut; ~.
Mark W. Grimes, Director of Planning and Development
=CigOUm_W!t~ Y
10-10-01
.
HEARING NOTICE
Board of Zoning Appeals
4210 Olson Memorial Highway
Breck School. Applicant
Breck School, with property located at 4210 Olson Memorial Highway,
has petitioned the Golden Valley Board of Zoning Appeals for a variance
from the Light Industrial zoning district. The applicant recently
completed construction of a new ice arena at this location. Upon
submittal of an as-built survey of the new building, it was discovered that
the existing building does not meet building setback requirements. The
following is the requested variance:
· The requested variance is from Zoning Code Section 11.35, Subd.
7 (A). City Code states that the front setback shall be 35 feet from
the front yard property line. The variance request for the home is for .
.5 feet off the required 35 feet to a distance of 34.5 feet to the front
property line along Olson Memorial Highway for the existing ice arena
building.
This petition will be heard at a regular meeting to be held Tuesday,
October 23, 2001, 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 763/593-8095.
Adjacent properties require notification.
.
.
3340 Noble Avenue North
01-10-46
.
Donald Nesheim
.
.
Bey
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
From:
Golden Valley Board of Zoning Appeals
Dan Olson, City Planner
To:
Subject:
3340 Noble Avenue North (Map 3) (01-10-46)
Donald Nesheim, Applicant
Date:
October 17, 2001
Donald Nesheim, with property located at 3340 Noble Avenue North, is requesting a variance
from the Residential zoning code (Section 11.21). The applicant has approached the City to
build a garage addition. This garage addition requires a variance from the following building
setback requirements:
. . "f.he 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 between 70 and 100 feet in width, the side yard setback shall be 15%
of the lot width. The requested variance is for 8.96 feet off the required 12.76 feet to a
distance of 3.8 feet at its closest point to the south side property 'line for the proposed
garage addition.
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 1947.
No other pertinent information was found in the file.
.
Subject Property: 3340 Noble Avenue N
Donald Nesheim, Applicant
.
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.
, (Revised 1/99)
Petition Number 0 I - /6 -I./.G,
Date Received
I. . I /
.:l1 T / '-'f: 10 ~j)1
, .
Amount Received ~- c. 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:
3340 Noble Ave N
2. BZAPetition Date 31 August 2001
3.
Petitioner: The Rev. Donald O. Nesheim
Name
3340 Noble ~ve N , Golden Vally, MN 55422
Address City/StatelZip
612~529-1320 763-588-1784
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):
Lot 019 Block 010 Nobel Grove addition.
6. Type of property. involved in this petition:
Residential: . XX 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~
Ten foot wide addition to the south side of existing single car
garage to accommodate a second car.
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 all other buildings to the front and side prQperty 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 approximat~ 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 $ -:YD ~ representing the
Board of Zoning Appeals Application Fee.
rn r~ ff" f'! he. +-
fl>(tJ?t'~e . t/~.~ /.(~.
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 comer, 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 c~n contain language of agreeing with the project, objecting to the project or
other statements regarding. the project.)
Print Name
Comment
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Signature ~ --~ ./ Address 3335 Noble Ave N
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s~naturH[ttrf}f~~~ .~ddffiSS
Print Name
3336 Noble Ave N
Comment
Signature
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Address 3339 Noble Ave N
Print Name
Comment
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Address 3344 Noble Ave N .
Signature · '" L .--:;c. 777~
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Print Name-
Comment
Signature
Print Name
Comment
Signature
Print Name
Comment:
Signature
Print Name
Comment
Signature
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Address
. 3335 Major AveN
Address
3339 Major Ave N
Address
3343 Major Ave N.
Address
Address
Address
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The addition to the existing garage is necessary as the only option available to
provide space for a second car. A free standing garage in back is not an option as
there is no ally at the back of my property.
Donald O. Nesheim
3340 Noble Ave N
Golden Valley, MN 55422
UII'IU", /I.!-':II.!-'1 N.t::.t1.tIM, UVJ~ALl.J
ADVANCE .SURVEYING & ENGINEERING CO.
SURVEY FOR: DONALD
NESHEIM
5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (612) 4747964 Fax (612) 4748267
SURVEYED:
September, 2001
DRAFTED: September 29, 2001
LEGAL DESCRIPTION:
Lot 19, Block 10, Noble Grove, Hennepin County, Minnesota.
SCOPE OF WORK:
I. Showing the length and direction of boundary lines of
the above legal description. The scope of our services does
not include determining what you own. which is a legal
matter. Please check the legal description with your records
or consult with competent legal counsel. if necessary, to
make sure that it is correct, and that any matters of record, such
as easements, that you wish shown on the survey, have been
~~ .
2. Showing the location of existing improvements we deemed
important.
3. Setting new monuments or verifying old monuments to
mark the comers of the property.
4. While we show proposed improvements to your
property. we are not as familiar with. your plans as you are
nor are we as familiar with the requirements of governmental
agencies as their employees are.. We suggest that you review
the survey to confirm that the proposals are what you intend
and submit the survey to such governmental agencies as may
have jurisdiction over your project to gain their approvals if
you can.
~ ~-
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STANDARD SYMBOLS & CONVENTIONS:
"e" Denotes 1/2" ID pipe with plastic plug bearing State
License Number 9235, set, unless otherwise noted.
I hereby certify that this plan,. specification, report or survey was prepared by me or
under my direct supervision and that I am a licensed Professional Engineer and
Professional Surveyor under the laws of the State of Minnesota.
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1 0-9-01
HEARING NOTICE
Board of Zoning Appeals
3340 Noble Avenue North
Donald Nesheim, Applicant
Donald Nesheim, with property located at 3340 Noble Avenue North, 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 the existing home. This construction project
requires a variance from the following section of City Code.
· 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 between 70 and .
100 feet in width, the side yard setback shall be 15% of the lot
width. The requested variance is for 8.96 feet off the required
12.76 feet to a distance of 3.8 feet at its closest point to the south
side property line for the proposed garage addition.
This petition will be heard at a regular meeting to be held Tuesday,
October 23, 2001, 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 763/593-8095.
Adjacent properties require notification.
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2101 Regent Avenue North
01-10-47
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Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Board of Zoning Appeals
From:
Dan Olson, City Planner
Subject:
2101 Regent Avenue North (Map 5) (01-10-47)
Greg Spaulding, Applicant
Date:
October 17, 2001
Greg Spaulding, with property located at 2101 Regent Avenue North, is requesting variances
from the Residential zoning code (Section 11.21). The applicant has approached the City to
build a garage addition onto the existing home. This addition requires variances from
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. The following 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 variances requested for the existing home and for the proposed garage addition
are for 6.4 feet off the required 35 feet to a distance of 28.6 feet at its closet point to the
front property line along Regent Avenue North.
· 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 between 70 and 100 feet in width, the side yard setback shall be 15% of
the lot width. The requested variance is for 9.25 feet off the required 14.25 feet to a
distance of 5 feet at its closest point to the south side property line for the proposed
garage addition.
As you can see from the attached floodplain map, a portion of the property lies within a
Floodzone. Staff is recommending that the following condition be made part of any variance
approval:
· The applicant provide the floodplain elevation on a revised property survey.
The City's file on this property reveals that a permit was pulled in June of 1948 for the
construction of the existing house. No other pertinent information was found in the file.
Subject Property: 2101 Regent Avenue N
Greg Spaulding, Applicant
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Petition Number 0 I - /0 - if 7
Date Received /0/' 10/
Amount Received .J(iS- 0 ( vi.)
. ($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:
Z/(F Rr'Gt:;7'J.7' .;1v~ ;1(
BZA Petition Date /O/Z-3/0 I
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3. . PetRioner: Na~""d~U'~
2/J/ Je&oc-'?i'T 14vr-)1
Address
(;ys7- Z7(.....7?C~(
Business Phone
2.
(;, V' MIl{ . S-5-rrZz:.
City/State/Zip
763 -sr./?- 9't70<..
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.
/11//7 1'1e. - !
6. Type of property involved in this petition:
Residentia. X' s.!ng~~ 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.
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8. (Staff will complete this item)
(J a~J~
Jor-c~d e.
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 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 ~hould show an approximate location of any
buildings on adjacent properties relative to theside(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 $ 5'0 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.
Print Name --;r;i 7J 1 Ill) J) 13.t::: R.. &-
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.
Comment
Signature
Print Name
Comment
Signature
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~~ Address ;<1;?V~a...e., h. .
[) /'7/11/1 ,6/1/L,4;r--
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Address
Print Name Va 11.': ~ ( ,A. <) 1M ,1ft-
Comment
Signature ~ U. ~.
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Address .A /12 JR!t~ J1.H n.
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. Print-Name Ell '1-.. 1&-6;11 .)).p/<5IJYJ
Comment
Signature .~~/?J 'T/~h0
Print Name
Comment:
Signature
Print Name
Comment
. Signature
Address o?//5"" ~.1c/.(J tJCJ.
Address
Address
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5300 S. Hwy. No. 101 Minnetonka, MN .55345 Phone (952) 474 7964 Fax (952) 4748267
SURVEY FOR: GREGORY SPAULDING
SURVEYED: September, 2001
DRAFTED: September 26, 2001
LEGAL DESCRIPTION:
That part of lot 5 Auditor's Subdivision Number 361, Hennepin County, Minnesota, lying Northerly
of a stmight line dntwn from a point on the East line of said Lot 5, distant 95 feet South of, measured
along said East line from the Northeast corner of said Lot 5 to a point on the Westerly line of said Lot
5, distant 101 feet Southerly of, measured along said Westerly line. from the Northwesterly comeraf
said Lot 5 and there tenninating.
SCOPE OF WORK:
1. Showing the length and direction of boun~ry lines of the above legal description. The
scope of our services 4ocsnol include determining what you own, which is a legal matter.
Please check the legal description with your records or consult with competent legal counsel, if
necessary, to make sure that it is correct, and that any matters of record, such as easements, that you
wish shown on the survey, have' been shown.
2. Showing the lOcation of existing improvements we deemed important.
3. Setting new 'monuments or verifying 014 monuments "to m~ the comers of the property.
STANDARD SYMBOLS & CONVENTIONS:
"e" Denotes JI2" 10 pipe with plastic plug bearing State License Number 9235, set. unless otherwise
noted. .
I hereby certify that this plan, specification, report or survey was prepared by me or
under my direct supervision and that I am a licensed Professional Engineer and
Professional Surveyor under the laws of the State of Minnesota.
James H. Parker P.E. & P.S. No. 9235
.
GRAPHIC SCALE
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9. Please attach a brief statement of the reasons. necessity. or hardship
which provide grounds for the granting of this waiver. Attach a letter
photographs, or other evidence, if appropriate.
.
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.
As shown in the above photographs, our home currently has a small single
car garage forcing us to park a vehicle outside on the grass next to our
driveway. Having the car parked outside on the grass is unsightly. When
-the. car is away the lack of grass due to frequent Use is also unattractive. Due
to the small size of our current garage we. are also forced to store large items
such as our barbecue grill and kayaks either outside or in our downstairs
living space. Enlarging our garage as outlined in this application will allow
us to solve the above issues by giving us space to store and conceal these
items.
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1 0-9-01
HEARING NOTICE
Board of Zonina Appeals
2101 Regent Avenue North
Grea Spauldina. Applicant
Greg Spaulding, with property located at 2101 Regent 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
garage addition onto the existing home. This garage addition requires
variances from the City Zoning Code. Also, as a result of this
construction, it was discovered that the existing home does not meet
current building setback requirements. This construction project requires
variances from the following sections of City Code.
. 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 variances requested for the existing home
and for the proposed garage addition are for 6,4 feet off the
required 35 feet to a distance of 28.6 feet at its closet point to the
front property line along Regent Avenue North.
. 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 between 70 and
100 feet in width, the side yard setback shall be 15% of the lot
width. The requested variance is for 9.25 feet off the required
14.25 feet to a distance of 5 feet at its closest point to the south
side property line for the proposed garage addition.
This petition will be heard at a regular meeting to be held Tuesday,
October 23, 2001, 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 763/593-8095.
Adjacent properties require notification.
.
1908 Gettysburg Avenue
North
.
01-10-48
Bill Delaney
.
.
.
.
Hey
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Board of Zoning Appeals
From:
Dan Olson, City Planner
Subject:
1908 Gettysburg Avenue North (Map 19) (01-10-48)
Bill Delaney, Applicant
Date:
October 17, 2001
Bill Delaney, with property located at 1908 Gettysburg Avenue North, is requesting variances
from the Residential zoning code (Section 11.21). The applicant has approached the City to
build a room and deck addition onto the existing home. This addition requires variances from
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 deck do not meet
building setback requirements. The following 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 request for the existing home is for .1 foot off the required 35 feet to a
distance of 34.9 feet at its closest point to the front property line along Gettysburg Avenue
North.
· 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 70 feet or less, the south side yard setback shall be 20% of the lot width.
The requested variances are for 3.5 feet off the required 11.9 feet to a distance of 8.4 feet
at it closest point to the south side yard property line for the existing deck and proposed
deck.
The City's file on this property reveals that a permit was pulled in July of 1963 for the
construction of the existing house. No other pertinent information was found in the file.
Subject Property: 1908 Gettysburg Ave N
Bill Delaney, Applicant
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(Revised 1/99)
Petition Number 0 I - I 0 - '-f 8
Date Received
/&/3 /0/
Amount Received ~ (). Q)
($50 residential - $150 other)
PETITION FOR ORDINANCE WAIVER
CITY OF GOLDEN VALLEY
BOARD OF ZONING APPEALS
1. . Street address of property involved in this petition:
/ ? 0 y 't ~YJ bw,-, /lVt. M,/ I"
2. BZA Petition Date
3.
Petitioner: B/ / I O-e /c,"'(!Y
.
Name
I ~o 'I t;e '-YJ 6ull"~ tI"",
Address
'/7.. -37,...~yOO
Business Phone
M,II"I'<, C,.lluf !/Q/4y, /1111/ f'j'lz?
. City/State/Zip
7'-) -$"tr.../o 'Jy
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:
N4
5. Legal Description of property involved in this petition (found on survey):
L.c -/. 13 I lJ/oc..~ / / l q k-e v;e '-' I-Ie/~ 1.$
6. Type of property involved in this petition:
Residential: ~Ie~ _ Double ~welling _ 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.
.
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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 a~ch,d. Proposed
surveys are not acceptable. The survey must be prepared by a regis- .
tered land surveyor licens~d 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 locat.ion 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 $ ~O~ representing the
Board of Zoning Appeals Application Fee.
-M .o-~
Signature of Applican' ..'
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 aboutthe 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 Pe..te.r MJf
Comment
Signature j?~ ;../A
,
Address /7/;}. 6ett/fbv, Avp
Print Name L t\~~L--\-\"'-eJ \8-
. Comment .
Signature
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V\cX\ ~rJe I1ro~ 1~
Address
LG~, 'Guffhv- d;
/"104 G,eHlf.5.J,)! U Au.,().
Print Name
Comment
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Signature
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UQlliTHIS SURVEY IS FOR THE SOLE BENEfIT OF
THE INDIVIDUALS, CORPORATIONS, AND/OR PARTIES NAMED THEREON.
AND STANDARD OF WORK FOR SURVEYOR BASED UPON
"NORMAL" STANDARD OF CARE REQUIRED BY LAW
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ASSUMED DATUM
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. REPRODUCTION PROHIBITED
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I AS-SlJRVEYED-DESCRIPTlON:
ILOT 13, BLOCK 1, LAKEVlEW HEIGHTS,
HENNEPIN COUNTY MN
PROPERTY ADDRESS'
SAME AS BELOW
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BILL DELANEY
1908 GETTYSBURG AVENUE N.
GOLDEN VALLEY, MN 55427
612-379-3400 W
I HEREBY CERnFY THAT THIS DRAI'olNG REPRESENTS
THE RESULTS OF A SURVEY PREPARED BY ME
OR BY THOSE UNDER MY DIRECT SUPER."SlON
AND I AM A DULY UCENSED PROFESSIONAL SURVEYOR
'~QOl THE LAWS OF/JtlE/ST~TE IF lllNNESOTA
::d.d /'r;t-U<4L JOj-S/"k;u1
KENNETH G. HDl.llBECK DATE:
MINNESOTA REGlSTRA lION NO. 18890
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1 0-9-01
HEARING NOTICE
Board of Zonina Appeals
1908 Gettysburg Avenue North
Bill Delaney. Applicant
Bill Delaney, with property located at 1908 Gettysburg Avenue North,
has petitioned the Golden Valley Board of Zoning Appeals for variances
from the Residential zoning district. The applicant is proposing to
construct a room and deck addition onto the existing home. The room
addition meets all applicable building setback requirements, but the
proposed deck does not. Also, as a result of this construction, it was
discovered that the existing home and deck do not meet current setback
requirements. This construction project requires variances from the
following sections of City Code.
. 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 request for the existing home is for .1
foot off the required 35 feet to a distance of 34.9 feet at its closet
point to the front property line along Gettysburg Avenue North.
. 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 70 feet or less,
. the south side yard setback shall be 20% of the lot width. The
requested variances are for 3.5 feet off the required 11.9 feet to a
distance of 8.4 feet at it closest point to the south side yard
property line for the existing deck and proposed deck.
This petition will be heard at a regular meeting to be held Tuesday,
October 23, 2001, 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 763/593-8095.
Adjacent properties require notification.
.
2510 Mendelssohn Avenue
N ort!l
c'
01-10-49
.
Verizon Wireless .
.
See Large Size Plans and/or Survey in
Planning Department
Hey
Memorandum
Planning
763-593-8095 I 763-593-8109 (fax)
.
From:
Golden Vailey Board of Zoning Appeals
Dan Olson, City Planner
To:
Subject:
2510 Mendelssohn Avenue North (Map 19) (01..10-49)
Verizon Wireless, Applicant
Date:
October 17, 2001
Verizon Wireless, with property located at 2510 Mendelssohn Avenue North, is requesting variances
from the Radio and Television zoning code (Section 11.40). The applicant is proposing to build an
addition to the existing building. This addition requires variances from the building setback
requirements, which are the same as in the Light Industrial zoning district (Section 11.35). Also, as a
result of this construction, it was discovered that the existing building and front entry canopy do not
meet current setback requirements. The following are the requested variances:
.
. The first requested variance is from Section 11.35, Subd. 7(8) Yard Requirements., City
Code states that in the case of premises facing an R-2 zoning district across a public street,
the yard abutting that street shall not be less than 75 feet from the right-of-way line of the
street to the structure. The variances requested are for 2.3 feet off the required 75 feet to a
distance of 72.7 feet at its closest point to the front property line .along Hillsboro Avenue
North for the existing building; for 10.38 feet off the required 75 feet to a distance of 64.62
feet to the front property line along Hillsboro Avenue North for the proposed vestibule; and
for 25 feet off the required 75 feet to a distance of 47.7 feet at its closest point to the front
yard property line along Hillsboro Avenue North for the existing front canopy.
. The second requested variance is from Section 11.35, Subd. 7(C)(3) Side Yard
Setbacks. City Code states that in the case of premises adjoining a Commercial zoning
district, the side setbacks shall not be less than 20 feet in depth. The requested variance is
for .6 foot off the required 20 feet to a distance of 19.4 feet at it closest point to the east
side yard property line for the existing building.
Previously, this property received a variance. In September of 1993, a variance was approved for
this property so that a new radio tower could be built to a distance of 14.5 to the north side property
line. The minutes from that meeting are attached for your review.
Hennepin County's property record system states that the building was constructed in 1984. No
other pertinent information was found in the file.
.
Subject Property: 2510 Mendelssohn Ave N
Verizon Wireless, Applicant
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Petition Number '0 I - /-0 - LI q
Date Receivediol }.oj 01
Amount Received /'9I).oi)
($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:
2'5/0 fJ18tJDeLSSO/~N AVe N,
2. BZA Petition Date
3. Petitioner: Verizon Wireless (VAW) LLG,. d/b/a Verizon Wireless through its attorney
Nanne JaymesD. Littlejohn, Moss & Barnett, A Professional Associati n
4800 Wells Fargo Center,. 90 South 7th St. Minneapolis. MN 55402
Address City/State/Zip
(612) 347-0274
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):
BLcx:.k.') ~ l\LSETH ADD ITID~ I
COV NT'-? fv1/N Ai EE"SC5f]\
.
LOT 3 I
J-1. ~t-j N E"P I tJ
6. Type of property involved in this petition:
. Residential: _ Single Family_ Double Dwelling _ Multiple Dwelling
Industrial
Bus. & Prof. Office
Commercial
Institutional
Other x Radio and Television
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.
See attached narrative, site plans and drawings.
.
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 th~ 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 otl1er 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 ~onstruction 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 amountof $ 150.00 representing the
Board of Zoning Appeals Application Fee.
7
c/".
Signatu e of Applicant I
y \ '%-~
lfi,tre It$5
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 tl1e sigDatures of all adjacent property owners. This includes
all properties abutting the applicant's property and directly across the street. . If on a corner J 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 Lena Enterprises, LLC
Comment Personally delivered notice of request to liquor store on 9/28/01.
Signature Address 2500 Mendelssohn Avenue North
Print Name Hark's Co.
Comment Met with service station manager on 9/28/01 and faxed notice of request
to Hark's Co. on 10/1/01.
Signature
Ac;ldress 9405 Medic ineliBJlteRoadm
.
PrintName McDonald '8 Corporation
Comment Personally delivered notice of request to supervisor on 9/28/01.
Signature Address . 9315 Med ic ine Lake Road
Print Name Medley Park Ltd. Partnership
Comment Met with leasing agent on 9/28/01 and faxed notice of request to
Signature
Ms. Jane Theis, property ~nager on 10/1/01.
Address 2345 -Mendelssohn Lane North
.
MO S S & BARNETT
----
A Professional Assoc i.ation
JAYMES D. LITILEJOHN
612.347.0274
LittlejohnJ@moss-barnett.com
4800 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402- <f 129
Telephone 612.34-7. Cl300
Facsimile 612.339. <5686
www.moss-bamett:. .coni
October 2,2001
VIA MESSENGER
Department of Planning and Development
Attn: Mr. Dan Olson
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Re: Application/or Variance
2510 Mendelssohn Avenue N.
Dear Board of Zoning Appeals:
Our firm represents Venzon Wireless (Y A W) LLC, who has been doing business at 2510
Mendelssohn Avenue N. for over 15 years, first as a cell site, and then as a mobile switching center.
In 1991, Venzon Wireless expanded its building. The south side of the building was mistakenly set
back from Mendelssohn Avenue approXimately 72 feet, 8 inches rather than the required 75 feet.
The setback was believed to be 35 feet and was indicated as such on the plans submitted. This letter
explains our application for a 2' 4" variance to rectify this oversight and for an additional 8'.1"
variance from the setback to allow the addition of a security vestibule on the south side.
The Proposed Use. V enzon Wireless first learned of the setback problem when it applied
for a building permit for an addition to the northwest comer of its existing building. This addition
itself does not require a variance. However, in order to provide additional security for the telephone
equipment in the building, which is a vital link in the area's cellular telephone system, Venzon
Wireless is proposing to also build an 8' I" by 6'8" security vestibule on the south side of the
building to allow that entrance to be double locked.
Criteria For A Variance. The Board of Zoning Appeals has the power to hear requests
for variances from the literal provisions. of the zoning code in instances where their strict
enforcement would cause undue hardship because of circumstances unique. to the individual
property under consideration, and to grant such variances only when it is demonstrated that such
actions will be in keeping with the spirit and intent of the zoning code. (9 11.90, Subd. 4.)
The undue hardship requirement does not mean that an applicant must show the land
cannot be put to any reasonable use without the variance. Rather, there must be a showing that
the applicant would like to use their property in a reasonable manner that is otherwise prohibited
by the ordinance. Rowell v. Board 0/ Adjustment o/the City 0/ Moorhead, 446 N.W.2d 917, 922
.
.
.
.
.
MO S S & BARNETT
A Pro[essional Association
. Board of Zoning Appeals
October 2, 2001
Page 2
(Minn.Ct. App. 1989). An exemption from a setback requirement is an area variance. ld.
Practical difficulties may justify an area variance. ld.
The site is in the Radio and Television Zoning District. Yard requirements within the
Radio Zoning District are the same as provided for in Light Industrial Zoning Districts. (~ 11.40,
Subd. 5.) In the case of premises facing a Residential Zoning District or an R-2 Zoning District
across a public street, the yard abutting that street shall not be less than 75 feet from the right-of-
way line of the street to the structure. (~ 11.35 Subd. 7 B.) As stated above, Verizon Wireless is
requesting a t' 4" variance from the 75 feet requirement for the south side of its existing building
and an additional 8' 1" variance from the 75 feet requirement for a security vestibule.
First, the existing building is a reasonable use of the property. V erizon Wireless has not
received-any complaints regarding.the 2' 4" encroachment in the south yard over the past 10
years. There are also practical difficulties in requiring Verizon Wireless to move the south wall
2' 4". The building houses vital computer and switching equipment that is used to connect cellular
telephone callers with each other and with the tJst of the telephone system. The equipment must
operate 7 days a week, 24 hours a day. Additionally, there cannot be any breaches in security.
Relocating the south wall in order to bring it into conformity with setback requirement would create
security problems that are virtually insurmountable. .
Likewise, the addition of the security vestibule is a reasonable use of the property that is
otherwise prohibited by the 75-foot setback requirement. In order to minimize the chance that a
security breach will cause an interruption in the area's cellular service, a dual entry system must be
installed. Again, moving the entrance to another part of the building is not only impractical, but it is
not in the best interests of public safety due to the security issues discussed above.
Finally, the requested variance will not alter the essential character of the locality. The
site abuts commercial uses - a fast food restaurant, a gas station and a liquor store. The multi-
family structures across Mendelssohn Avenue are at least 160 feet away and will not be adversely
affected by the variance. Indeed, the spirit and intent of Golden Valley's zoning is satisfied
because the communications needs of residents and businesses are accommodated while still
protecting the public health, safety and general welfare of the community.
,
MO S S & BARNETT
A Professional Association
Board of Zoning Appeals
October 2, 2001
Page 3
CONCLUSION
.
I hope this letter will serve to better explain our application and to answer some of your
questions. Ifwe can be of further assistance, please feel free to contact me at (612) 347..;0274.
Sincerely,
//f,~ ",..Ov.o
Jaymes D. Littlejohn
Anthony A. Dorland
AAD/
Enclosures
cc: Kent Sticha
453665/1
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Board of Zoning Appeals
Page 6
September 14, 1993
93-9-38 (Map 19) Radio
2~10 Mendelssohn Avenue North
A. S. West
The petition is for waiver of Section:
11.40 Subd. 5 Radio Zoning Code, for 5.5 feet off the required 20
feet from the north lot line to a proposed distance
of 14.5 feet to a new radio tower at its closest
point.
Mr. Bernie Wong was present. No others were in attendance.
Acting Secretary, Gary Johnson, provided a staff review. The proposal is for
removing an existing 150 foot high radio tower and replacing it with a new 200
foot high tower. Because of existing underground cables, the choice of location
is 1 imited.
Mr. Wong explained that the base of the new tower will be wider than the existing
tower. The tower is used for cellular phones and emergency services. Linda
McCracken-Hunt said because of lot location she couldn't see how this could have
any-more impact than what is existing. This is an area surrounded by a commer-
cial area. Emilie Johnson said the existing tower has little impact on the
neighborhood because of commercial surroundings.
Mr. Wong discussed the c~llular phone technology and its needs for expansion.
There are now 70 towers in the Twin Cities.
Emilie Johnson moved to approve the waiver as on the agenda, second by Linda
McCracken-Hunt and upon vote carried.
There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn at 9:00 P.M.
Chairman, Larry Smith
==ri.goUm_vlt~ Y
1 0-8-01
HEARING NOTICE
Board of Zoning Appeals
.
2510 Mendelssohn Avenue North
Verizon Wireless, Applicant
Verizon Wireless, with property located at 2510 Mendelssohn Avenue North,
has petitioned the Golden Valley Board of Zoning Appeals for variances from
the Radio and Television zoning district. The applicant is proposing to build an
addition to the north side of the existing building and a vestibule addition to the
south side of the existing building. This north addition conforms to applicable
building setback requirements, but the vestibule addition requires a variance
from building setback requirements. Also, as a result of this construction, it
was discovered that the existing building and front entry canopy do not meet
current setback requirements. The setback requirements in the Radio and
Television zoning district are the same as those in the Light Industrial zoning
district. This construction project requires variances from the following sections
of City Code.
. The first requested variances are from Section 11.35, Subd. 7(8) Yard
Requirements. City Code states that in the case of premises facing an
R-2 zoning district across a public street, the yard abutting that street shall not
be less than 75 feet from the right-of-way line of the street to the structure.
The variances requested are for 2.3 feet off the required 75 feet to a distance .
of 72.7 feet at its closest point to the front property line along Hillsboro
Avenue North for the existing building; for 10.38 feet off the required 75 feet to
a distance of 64;62 feet to the front property line along Hillsboro Avenue North
for the proposed vestibule; and for 25 feet off the required 75 feet to a
distance of 47.7 feet at its closest point to the front yard property line along
Hillsboro Avenue North for the existing front canopy.
. The second requested variance is from Section 11.35, Subd. 7(C)(3) Side
Yard Setbacks'. City Code states that in the case of premises adjoining a
Commercial zoning district, the side setbacks shall not be less than 20 feet
in depth. The requested variance is for .6 foot off the required 20 feet to a
distance of 19.4 feet at it closest point to the east side yard property line for
the existing building.
This petition will be heard at a regular meeting to be held Tuesday, October
23,2001, 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
763/593-8095.
Adjacent properties require notification.
.
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DESCI<IPTION: Lot 3, Block 1, HALSETAI ADDITION, Hennepin County, Minnesota.
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412 FMr .COUN'IY ROAD D
LITILE CANADA. MINNESOTA SSll7
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Job No. 130.022
Drawn by: A..I
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501 Ottawa Avenue South
01-10-50
.
David Thate
.
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Memorandum
.;.;~.;t.! :!, PI~nning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Board of Zoning Appeals
From:
Dan Olson, City Planner
Subject:
501 Ottawa Avenue South (Map 9) (01-10-50)
David Thate, Applicant
Date:
October 17,2001
David Thate, with property located at 501 Ottawa Avenue South, is requesting variances from
the Residential zoning code (Section 11.21). The applicant has approached the City'to build
a room addition onto the rear side of the existing home. This addition requires a variance
from 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
gazebo do not meet building setback requirements.
· 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 request for the existing home is for .1 feet off the required 35 feet to a distance of
34.9 feet at its closest point to the front property line along Ottawa Avenue South.
· 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 greater than 100 feet, the side yard setback shall be 15 feet. The
requested variances for the existing home and for the proposed addition are for. 7 feet off
the required 15 feet to a distance of 14.3 feet at its closest point to the north side property
line.
· The third requested variance is from Section 11.21 , Subd. 12 (A) Accessory Buildings.
A swimming pool is considered an accessory structure. City Code states that the pool
shall be located at least 10 feet from the gazebo. The property owner is requesting a
variance for the pool to be located at a distance of 5.6 feet to the gazebo.
The City's file on this property reveals that a permit was pulled in November of 1950 for the
construction of the house. No other pertinent information was found in the file.
Subject Property: 501 Ottawa Avenue S
David Thate, Applicant
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(Revised 1/99)
Petition Number 01-1 0 -yO
Date Received
/pl ). J 01
, I
Amount Received :;- (), 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:
SOl ol-l~ ~ <;
2.
BZA Petition Date () c. -I- . -:13 - 0'
Petitioner: '1J4ll (I" ; ;) -rh -t k
Name
SOl 6A,~+ ~ S.
Address
7(; 3- 37{ - :17" .S-
Business Phone
C. V. MtvI ~St./ I b
Cify/State/Zip
~3-37'1:" :r?hS
Home Phone
3.
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 pet~n surv~
\
6. Type of property involved in this petition:
Residential: V"'"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.
_l\Jo~..\-\ --.. 1. h4k(..\L ~l.l.(. c-f- G2Q SI def'lc.L.
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 wtlich
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 application are true and
correct. Attached herewith is my check in the amount of $ representing the
Board of Zoning Appeals Application Fee.
~fJ..~
Sig at re 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)
printName-l2~tJt(6Lb H4 r>
Comment
.
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Print Name
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1 0-11-01
HEARING NOTICE
Board of Zoning Appeals
501 Ottawa Avenue South
David Thate. Applicant
David Thate, with property located at 501 Ottawa Avenue South, has
petitioned the Golden Valley Board of Zoning Appeals for variances from
the Residential zoning district. The applicant is proposing to construct a
room addition onto the rear of the existing home. This addition requires
a variance from 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 gazebo do not meet
building setback requirements~ This construction project requires
variances from the following sections of City Code.
· 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 request for the existing home is for .1
feet off the required 35 feet to a distance of 34.9 feet at its closest
point to the front property line along Ottawa Avenue South.
· 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 greater than 100
feet, the side yard setback shall be 15 feet. The requested
variances for the existing home and for the proposed addition are
for .7 feet off the required 15 feet to a distance of 14.3 feet at its
closest point to the north side property line.
· Section 11.21, Subd. 12 (A) Accessory Buildings. A swimming
pool is considered an accessory structure. City Code states that
the pool shall be located at least 10 feet from the gazebo. The
property owner is requesting a variance for the pool to be located
at a distance of 5.6 feet to the gazebo.
This petition will be heard at a regular meeting to be held Tuesday,
October 23, 2001, 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 763/593-8095.
Adjacent properties require notification.
.
1039 Rhode Island Avenue
North
01-10-51
.
Cheri and Charles Nyberg
.
.
.
.
Hey
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Board of Zoning Appeals
Dan Olson, City Planner
From:
Subject:
1039 Rhode Island Avenue North (Map 16) (01-10-51)
Cheri and Charles Nyberg, Applicants
Date:
October 17, 2001
Cheri and Charles Nyberg, with property located at 1039 Rhode Island Avenue North, are requesting
variances from the Residential zoning code (Section 11.~1). The applicants have approached the
City to build a second story addition and front entryway onto the existing home. In addition, during the
construction planning process, a survey was submitted for the property and it was discovered that the
existing garage does not meet setback requirements. The following are the variances requested.
· 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
request for the proposedentryway is for 17.9 feet off the required 35 feet to a distance of 17.1 feet
at its closest point to the front property line along Phoenix Street and for 14.9 feet off the required
35 feet to a distance of 20.1 feet at its closest point to the front property line along Phoenix Street
for the proposed second story addition.
· The second requested variance is from Section 11.21, Subd. 12 (A) Accessory Buildings. City
Code states that the detached garage shall be located at least 35 feet from a lot line which is also
a street line. The property owner is requesting a variance for the existing detached garage for
this requirement. The variance requested is for 11.9 feet off the required 35 feet to a distance of
23.1 feet at its closet point to the front property line along Phoenix Street for the existing detached
garage.
Previously, this property received variances. In December of 1984, variances were approved for this
property to bring the existing home into conformance with front yard setbacks along both Phoenix
Street and Rhode Island Avenue North. The minutes from that meeting are attached for your review.
As can be seen by the survey, the existing deck does not meet building setback requirements. The
applicants have indicated they will be removing this deck as part of this building project. Staff is
recommending that the following condition be made part of any variance approval:
· The applicants remove the deck on the west side of the existing home.
The City's file on this property reveals that a permit was pulled in April of 1958 for the construction of
the existing house. No other pertinent information was found in the file.
Subject Property: 1039 Rhode Island Ave N
Cheri and Charles Nyberg, Applicants
,
.
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(Revised 1/99)
Petition Number () I -I () - 5/
Date Received Ii) /5' /0 /
.
. Amount Received ~"OO
($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 O~9 BkdeJ:.sjonr/ Av~ Nor\-~
BZA Petition Date
0her~ Cl('yj Cl:l2d~
Name L
I, IQ
Address
10 IJ.~ t')j5- q bl.:s
Business Phone
2.
3.
Petitioner:
City/State/Zip
'1h3.5<1S - '7 '-b~
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):
6. Type of property involved in this petition:
Residential: y. Single Family _ Double Dwelling _ Multiple Dwelling
Industrial
Other
Commercial
Institutional
Bus. & Prof. Office
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
provide grounds for the granting of this waiver. Attach letter, photographs, or
other evidence, ifappropriate. ~ c0:::JG.c~ ;1'NlfYLb.
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 $(1)6. <:0 . representing the
Board of Zoning Appeals Application Fee.
QOo~ ~~
Signature ofApp i ant .,
UNLESS CONSTRUCTION OR THE ACTION APPLICABLE TO THIS WAIVER REQUEST, IF
GRANTED, IS NOT TAKEN WITHIN ONE YEAR, THE WAIVER EXPIRES. .
.
The applicant will need to obtain the signatures of all adjacent property owners. This includes
all properties abutting the applicant's property and directly across the street. If on a corner, this
means across both streets.
.
NOTE TO ADJACENT PROPERTY OWNERS: This petition is application for waiver of
Ordinance(s) of the City Zoning Code. Please be aware of any possible effect the granting of
this waiver could have on your property. All property owners adjacent to the subject property
will receive a notice of the Board of Zoning Appeals hearing, at which they may present their
views. Your signature is required only to verify that you have been told about the request and
gives the adjacent property owner opportunity to comment.
(Comments can contain language of agreeing with the project, objecting to the project or
other statements regarding the project.)
Print Name 7er-i. fYI. I-In~
Comment
Signature ('5la1h. ~
Print N~me-1.e~) Ie.. .7)0.220....
. Comm~nt
Address 110 I PhodrLJ$(W/d ~ tV
Signature
cf.ecL. ~~.. Addre.ss
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Print Name
Comment
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Print Name ~t:J G: €~ }l /9-~.IJ IS ~I1S hb/Zc
Comment
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ADVANlA SURVEYING & ENGINEERING CO.
5300 S. Hwy. No~ Minnetonka, MN 55345 Phone (612) 474 7964 Fax (612) 474 8267
SURVEY FOR:
CHARLES
NYBERG
SURVEYED: October, 2001
REVISED: October 10,2001, to show deck
DRAFTED: October 5, 2001
LEGAL DESCRIPTION:
Lot 1, Block 18, Winnetka. Hennepin County, Minnesota.
SCOPE OF WORK:
1. Showing the length and direction of boundary lines of the above
legal description. The scope of our services does not include detennining
what you own, which is a legal matter. Please check the legal
description with your records or consult with competent legal counsel, if
necessary, to make sure that it is correct, and that any matters of record, such
as easements, that you wish shown on the survey, have been shown. - - - I
2. Showing the location of existing improvements we deemed important. I
3. Setting new monuments or verifying old monuments to mark the corners
of the property.
STANDARD SYMBOLS & CONVENTIONS:
". " Denotes 1/2" ID pipe with plastic plug bearing State License Number
9235, set, unless otherwise noted.
b : 16.8
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I hereby certify that this plan, specification, report or survey was prepared by me or
under my direct supervision and that I am a licensed Professional Engineer and
Professional Surveyor under the laws of the State of Minnesota.
I
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\ I FOUNQ PINCH TOP
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PHOENIX
STREET
270'59' 40.
--144.00-
01
00
-144.00
270'59'40.
GRAPHIC SCALE
20 0 10 20 40
( IN FEET )
1 inch .. 20 ft.
34.9
f'OUND lION.
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DWG. NO. 011461
Board of Zoning Appeals
Page 2
December 11, 1984
.
Larry Smith noted the current composition of the home and room locations and
structural considerations that affect locating the proposed fireplace else-
where. Following further discussion on the type of fireplace unit, Mahlon
Swedberg moved to approve the variance for the fireplace only as requested.
Second by Larry Smith and upon vote carried.
Second by Larry Smith and upon vote carried.
84-~37 (Map 16) Residential
1019 Rhode Island Avenue North
y1Jarwin Nitz
The Petition is for waiver of Section
14.02
non-conforming uses or structures
to allow for an addition to the
existing home and for Section
3A.06 (1)
front setback for .1 feet off the
required 35 feet from Rhode Island
Avenue to the existing house at its
closest point and for 15 feet off the
required 35 feet from Phoenix Street
to a distance of 20 feet from the
lot line to the house at its closest
point as it now exists.
.
The petition was in order. Consent had been obtained from all adjacent
properties. Mr. Nitz and his contractor were present. No others were
in attendance for thi s proposal. Ll oyd Becker, Secretary and BZA staff
liaison reviewed the characteristics of the adjacent neighborhood for t~e
Board. This home has a Rhode Island address, is on a corner lot and actually
faces Phoenix. For a distance of three blocks, east from Winnetka Avenue,
the blocks consist of only two houses and all are actually corner lots
(35 feet required on two sides). Most of the lots are 59 feet in width.
Many of the hOmes front on Phoenix to take advantage of the lot of
approximately 130 to 144 feet. Most of the homes exist at 20 to 22 feet
depth from Phoenix.
While no record exists for variance of the 35 foot requirement for this
property, research of the files for adjacent homes reflected a variance being
granted to a distance of 21 feet from Phoenix for a home two addresses west of
this proposal. In the minutes for the address where a variance was granted,
it noted "other homes already constructed in the area at or near the 21 foot
setback'" In the absence of any official approval for Mr. Nitz's home, it
exists as a legal non-conforming structure and any addition would require .
approval through a variance.
.
.
.
Board of Zoning Appeals
Page 3
December 11, 1984
Mr. Nitz's constructor noted the very small kitchen and dining area in the
existing home. He described the addition as being in line with the present
home and conforming in all other areas for setback.
Mahlon Swedberg questioned why the foundation had been started? The contractor
said because of the weather and with approval of the owner they took a chance
fully recognizing tha~ no building permit could be issued and the possibility of
not receiving approval. They risked the loss rather than miss the opportunity
to provide footings without the prOblems of frozen ground,.etc. Mahlon
Swedberg noted some years past a similar situation occurred and the variance had
not been granted.
Larry Smith noted the unusual characteristics of the three block area where
. most of the homes front on Phoenix and also have the hardship of narrow lots
at 59 feet and faced with the 35 foot setback on two sides. This leaves no
other alternatives for expansion in accordance with the Zoning Code. Smith
said it appeared reasonable based on other approvals reducing front setback in
the area that Mr. Nitz be allowed to add the proposed addition in line with the
present setback of the house. With no other alternatives available, Larry Smith
moved to approve the waiver as requested. Second by Herb Polachek and upon vote
carried.
The Board asked for and Lloyd Becker provided an update on current and proposed
development within the community.
There being no further business to come before the Board,it was uponmqtion,
second, and vote to adjourn at 8:50 P.M.
Mahlon Swedberg, Chairman
Lloyd G. Becker, Secretary
.
.
.
.
WWW.ci~Um_vll~ Y
1 0-9-01
HEARING NOTICE
Board of Zoning Appeals
1039 Rhode Island Avenue North
Cheri and Charles Nyberg, Applicants
Cheri and Charles Nyberg, with property located at 1039 Rhode Island
Avenue North, have petitioned the Golden Valley Board of Zoning
Appeals for a variance from the Residential zoning district. The
applicants are proposing to construct a second story addition onto the
existing home. This construction project requires a variance from the
following section of City Code.
· 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 request for the proposed addition is for
17.9 feet off the required 35 feet to a distance of 17.1 feet at its
closest point to the front property line along Phoenix Street.
This petition will be heard at a regular meeting to be held Tuesday,
October 23,2001, 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 763/593-8095.
Adjacent properties require notification.
.
.
.
}.'
.
4240 Bassett Creek Drive
01-10-52
.
Joann and Fran Braun
.
.
.
.
Hey
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Board of Zoning Appeals
Dan Olson, City Planner
From:
Subject:
4240 Bassett Creek Drive (Map 5) (01-10-52)
Joann and Fran Braun, Applicants
Date:
October 17,2001
Joann and Fran Braun, with property located at 4240 Bassett Creek Drive, are requesting
variances from the Residential zoning code (Section 11.21). The applicants have
approached the City to build an entryway addition onto the existing home. This addition
requires variance from front yard building setback requirements.
The applicants had submitted a survey dating from 1969, and stated that no additional
buildings existed on the property. However,- during the variance review process, it was
noted that a shed/gazebo existed in the setback area along Kyle Avenue North. A portion of
the property also appears to be in a floodplain. Neither of these was noted on the survey. _
Staff then requested the applicants to submit a new survey for the variance request. The
applicants have declined to sub,mit a new survey, and have refused to submit a letter
withdrawing their variance application.
State law relating to zoning matters requires applications to be processed within a 60-day
time frame (Minnesota Statutes Section 15.99, Subd. 2) or they will be considered to be
automatically approved. The application was received September 20, 2001. Because of this
State Statute, Staff is asking for a formal den'ial of this application by the Board of Zoning
Appeals.
.
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- (Revised 1/99)
Petition Number ~ OJ -, D - 5?-
.
Date Received
ql'-o/~i
.
Amount Received oS 50, OJ
($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:
0/.2. tlo 3 AS S e-tr C/f!..K. O,€.
2. BZA Petition Date CJc70/Jer..;?~ ;200/
,
3.
- ,
Petitioner: c/~A/?/7 f h-a--n J3ra.-t.??7
Name
~:<J/o 3asse-#- t!,R/(. ilL..
Address
qS"J--<g)7- 5;/~
Business Phone
6!o/dh7 /1&//~ HN: 5!;P./~7-
City/State/Zip
7d- .3. 5':1. -;2 - .:zp ~ :l-
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):
LeJr '1 31e>t:--1'.--3 /:t~rr/bt:--L #/1/.5 gr-C/ //dch/7~n
/It':-?7/Je,/-l/rl t!~. /y/\/
6. Type of property involved in this petition:
Residential: V Single Family _ Double Dwelling. _ Multiple Dwelling
Industrial
. Other
Commercial
Institutional
Bus. & Prof. Office
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
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 application are true and
correct. Attached herewith is my check in the amount of $ 5b. ~ representing the
Board of Zoning Appeals Application Fee.
~;lj~ 4-du--rv'
s~atureof 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 ofthe 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)
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REGISTERED UNDER LAWS 01" STATE, 01", MINNESOTA
WCENSED av ORDINA,.,CI: OF.. CITY 01' ..IN"!E...POLIS
S6',6 '0;":"-; 35TH S<~E~:i!\':'~:;<;:.'.::~,'..'~~,'~.'Fi:~'~;f~:8i '-. :....:.\/
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I HEREBY CERTIFY THAT THE ABOVE IS A TRUE AND CORRECT PLAT 01" A SURVEY ~
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SIGNED- '7(f'=4~ :!._, .~...: -.
. . . F, C. .JACKSON. MINNESO-TA ECUSTR......'ON. No. 3600
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1909
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. As SURVEyED BY ME THIS__25~b..-DAY OF~:!:l.b'"
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