12-11-01 BZA Agenda
.
Board of Zoning Appeals
Regular Meeting
Tuesday, December 11,2001
7pm
7800 Golden Valley Road
Council Conference Room
I.
Approval of Minutes - November 27,2001
II.
The Petitions are:
2004 Hillsboro Avenue North (Map 19) (01-12-58)
Roy Smith, Applicant
Request: Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback
. 2.5 feet off the required 35 feet to a distance of 32.5 feet for the existing
home and proposed garage addition at its closest point to the front yard
property line along Hillsboro Avenue North.
Purpose: To bring the existing home into conformance with front yard setback
requirements and to allow for the construction of a garage addition to the
existing home.
. Request: Waiver from Section 11.21, Subd. 7 (C) (1) Side Yard Setbacks
. 6.5 feet off the required 13.5 feet to a distance of 7 feet for the proposed
garage addition at its closest point to the north side yard property line.
Purpose: To allow for the construction of a garage addition to the existing home.
5411 Circle Down (Map 9) (01-12-59)
Carlson Brown Investments, Applicant
Request: Waiver from Section 11.45, $ubd. 5 (A) Front Yard Setback
. 21 feet off the required 35 feet to a distance of 14 feet for the existing
parking lot at its closest point to the front yard property line along Circle
Down.
. 18 feet off the required 35 feet to a distance of 17 feet for the existing
parking lot at its closest point to the front yard property line along Turners
Crossroad.
Purpose: To allow for the construction of a parking lot for the site.
. Request: Waiver from Section 11.45, Subd. 5 (B) Rear and Side Yard Setbacks
. 6 feet off the required 10 feet to a distance of 4 feet for the proposed
parking lot at its closest point to the south side yard property line. The
property to the south is zoned Commercial.
Purpose: To allow for the construction of a parking lot for the site.
. Request: Waiver from Section 11.45, Subd. 3 Loading and Parking Requirements
. To reduce the parking requirements for this land use from the 61 required
parking spaces to 57 parking spaces.
Purpose: To allow for the construction of a parking lot for the site.
Request: Waiver from Section 11.45, Subd. 3 (A) Loading and Parking
Requirements
. To reduce the size of the parking spaces from the required 9 feet in width
and 20 feet in depth to 9 feet in width and 18 feet in depth.
Purpose: To allow for the construction of a parking lot for the site.
3065 Glenden Terrace (Map 4) (01-12-60)
Terry McDonald1 Applicant
Request: Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback
. . 2.7 feet off the required 35 feet to a distance of 32.3 feet for the existing
home at its closest point to the front yard property line along Glenden
Terrace.
Purpose: To bring the existing home into conformance with front yard setback
requirements.
Request: Waiver from Section 11'.21, Subd. 12 (A) Accessory Buildings
. 1.5 feet off the required 10 feet from the shed to a distance of 8.5 feet from
the existing home to the proposed shed.
. 7.2 feet off the required 35 feet to a distance of 27.8 feet for the proposed
shed to the front yard property line along Triton Drive.
. The shed is not located completely behind the existing home.
Purpose: To allow for the construction of a shed on the property.
III.
Other Business
.A.
Holiday Party at Brookview Community Center
IV.
Adjournment
2
.
.
.
.
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
November 27, 2001
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
November 27,2001, in the Council Chambers, 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, Smith, and Planning
Commission Representative Shaffer. Also present were Staff Liai an Olson and
Recording Secretary Lisa Wittman.
I. Approval of Minutes - October 23, 2001
MOVED by Smith, seconded by Cera and motion carrie
October 23,2001 minutes as submitted.
II. The Petitions are:
1725 Xerxes Avenue North (Map 1
Berdine Gra A licant
Request:
.21, Subd. 7 (B) Rear Yard Setback
quired 27 feet to a distance of 14 feet for the
t its closest point to the rear yard property line.
Purpose:
existing home into conformance with rear yard setback
Olson stated that
and that the
asked if th
the deck do
ant is proposing to construct a deck onto the existing home
t meet the rear yard setback requirements. McCracken-Hunt
ck would meet all the setback requirements. Olson stated that
he setback requirement, but the existing home does not.
e application and noted that one of the neighbors questioned the
south boun line on the survey. Olson stated that in reviewing the application with
the applicant she noted there was a small encroachment of the driveway onto the
neighbor's property and that that would be an issue between the neighbors.
MOVED by Sell, seconded by Shaffer and motion carried unanimously to approve 13
feet off the required 27 feet to a distance of 14 feet for the existing home at its closest
point to the rear yard property line.
Minutes of the Board of Zoning Appeals
November 27,2001
Page 2
"
.
2012 Hillsboro Avenue North (Map 19) (01-11-54)
Greg and April Kunze, Applicants
Request: Waiver from Section 11.21, Subd. 7 (C) (1) Side Yard Setbacks
Greg Kunze,
hardships
support.
. .25 feet off the required 11.25 feet to a dist
the existing home at its closest point to
property line.
. 8.25 feet off the required 11.25 fee
the proposed garage addition at i
side yard property line.
Purpose: To bring the existing home int
requirements and to allow l'
to the existing home.
nce with side yard setback
ction of a garage addition
Olson stated that the applicants would r
home, which would require a varianc
reviewing the survey it was discov
variance to the side yard setbac
a new garage onto the existing
ard setback. He stated that upon
e existing home would also require a
.
Sell asked for clarification 0
determine the setbacks f
and 100 feet wide the sid
feet wide the side ya
South or East sid
rd setback requirements that were used to
pion. Olson stated that for lots between 70 feet
etback is 15% of the lot width and for lots less than 70
re 10% on the North or West side and 20% on the
wed the Board pictures of his property showing the various
t they've met with most of the neighbors and have their
pplicant if there was a garage at all on the property right now. Kunze
re was not.
McCracken-Hunt stated that it would be consistent for the City to desire a garage on the
property.
Shaffer stated that typically he would be opposed to a garage this close to the property
line, but because of the topography of the lot and because there is currently no garage
on the property and due to the fact that there is no where else to put a garage on the
site, he would be in favor of the proposal. Shaffer noted that the applicant has a gravel .
driveway and asked if the City requires applicants to pave gravel driveways.
McCracken-Hunt stated she didn't think that was a requirement.
..
Minutes of the Board of Zoning Appeals
November 27,2001
Page 3
.
MOVED by Smith, seconded by Cera and motion carried unanimously to approve .25
feet off the required 11.25 feet to a distance of 11 feet for the existing home at its
closest point to the north side yard property line and 8.25 feet off the required 11.25
feet to a distance of 3 feet for the proposed garage addition at its closest point to the
south side yard property line.
Jeff Henn, Applicant, stat
there was a break-in .
invitation for probl~m
on to the house a
2025 Wisconsin Avenue North (Map 19) (01-11-55)
Jeff Henn, Applicant
Request: Waiver from Section 11.21, Subd.
ard Setbacks
. 2.8 feet off the required 15 feet t
proposed garage addition cfft.
yard property line.
I ceof 12.2 feet for the
st point to the south side
Purpose: To allow for the construc
home.
rage addition to the existing
.
Olson stated the applicant is propo .
existing garage.
hy he needs a third stall.
oesn't like to leave a car out on his driveway because
;,por's house. He feels that leaving things out is an
d in Golden Valley for thirty years and would like to add
Golden Valley.
rials the applicant is proposing to use on the addition. Henn
\"e masonite siding to match the rest of the home. Shaffer asked if
ve the brick on the existing garage. Henn stated that the existing
and he would have to replace it all.
Shaffer stated that normally he is not in favor of variances for three car garages and
asked the applicant if he could move the garage back a little bit. Henn stated that he
could only go back another three feet before he would hit the chimney but that he would
be willing to make the garage addition smaller and move it back.
Shaffer stated that he would like to seethe garage pushed back to minimize the visual
impact. Henn stated that moving it back one foot would be easy, but more than that
. would be more difficult.
1
Minutes of the Board of Zoning Appeals
November 27, 2001
Page 4
'>
MOVED by Shaffer, seconded by Sell and motion carried unanimously to approve 2.8
feet off the required 15 feet to a distance of 12.2 feet for the proposed garage addition
at its closest point to the south side yard property-line with the condition that the garage
addition will be moved back one foot to minimize the visual impact to the neighborhood.
.
600 Boone Avenue North (Map 22) (01-11-56)
BP Connect, Applicant
Purpose:
Setback
Request: Waiver from Section 11.30, Subd. 7 (A
. 15 feet off the required 35 feet to
proposed parking area at its clo
along Boone Avenue North.
. 10 feet off the required 35 fe'
proposed parking area
along Golden Valley
. 17 feet off the require
proposed parki
along State H
o feet for the
he easement line
istance of 25 feet for the
oint to the property line
o a distance of 18 feet for the
osest point to the property line
Ison Memorial Highway).
ion of new parking areas for the proposed
ience store, car wash and coffee cafe.
.
Olson stated that the app
application process. He
Use Permit proposal
to demolish the e~isti
new gas station, d~;'
proposed ne
would not.
Department
Boon venu
measure 0
oing through the Conditional Use Permit
at the Planning Commission has seen the Conditional
mmended approval, which would allow the applicant
gas/service station and car wash and replace it with a
ce store, car wash and coffee cafe. He stated that the
uld meet the setback requirements, but the parking areas
ugh each variance request and stated that the Engineering
l the applicant to provide an additional 14-foot easement along
r future expansion of that roadway and that all the setbacks are
at easement line and not from the property line.
Shaffer discussed the Planning Commission recommendation and stated that they felt it
would be an improvement to the property with minimal encroachments and it would help
with flooding issues.
Jeff Wurst, Local Real Estate Manager for BP Connect, stated that the property is
challenged because three streets surround it and that they have tried to do their best
without having to request extreme variances. He stated that the request for the 15-foot
variance along Boone Avenue is because they would be providing the 14-foot .
easement requested by the Engineering. He discussed how a portion of the site would
be elevated above the flood plain and that part of the site could be over excavated to
allow the City to have additional flood capacity for the area.
Minutes of the Board of Zoning Appeals
November 27, 2001
Page 5
.
Sell asked if there would still be a tire facility and repair service. Wurst stated that the
entire building is being removed and replaced with a gas station/convenience store.
Smith asked if there are other BP stores in the Cities now. Wurst stated that they are in
preparation to get a number of stores off the ground right now. He stated that withinthe
next year there would be several more stores.
Cera asked how the setbacks i
Sell stated that the Citgo pr
e this is a
ked out as
plan included
McCracken-Hunt asked how the City knows if there is enough p
different type of use. Olson stated that the parking requireme
part of the Conditional Use Permit. Shaffer added that pa
counting cars that would park at the gas pumps as parki
Sell questioned the amount of room for stacking cars at
was addressed as a part of the traffic engineer's stt!!lt>
sh. Wurst stated that
John Kosmas, KK Design, discussed the traff.
would be enough room to maneuver.
d assured the Board that there
.
Smith stated that he felt the proposal
decent plan.
roughly reviewed and that it is a
posal compare to the Citgo across the street.
ranted a few minor variances in the past.
Smith asked if the Condit"
Appeals approval. Ot
that the proposal ul
se Permit approval hinges on the Board of Zoning
t;hat approval did depend on the Board's decision and
to the City Council in December.
MOVED by by Smith and motion carried unanimously to approve 15 feet
off the req~i~t a distance of 20 feet for the proposed parking area at its
closest point11; asement line along Boone Avenue North, 10 feet off the required
35 fe a di ce of 25 feet for the proposed parking area at its closest point to the
property g Golden Valley Road and 17 feet off the required 35 feet to a
distance of eet for the proposed parking area at its closest point to the property line
along State Highway 55 (Olson Memorial Highway).
1501 Xerxes Avenue North (Map 1) (01-11-57)
Reuben Lindh Family Services. Applicant
.
Request: Waiver from Section 11.46, Subd. 9 Front Yard Setback
. 16 feet off the required 35 feet to a distance of 19 feet for the
existing building at its closest point to the front yard easement
line along Xerxes Avenue North.
.
Minutes of the Board of Zoning Appeals
November 27,2001
Page 6
.
. 26 feet off the required 35 feet to a distance of 9 feet for the
proposed building addition at its closest point to the front yard
easement line along Xerxes Avenue North.
. 28 feet off the required 35 feet to a distance of 7 feet for the
proposed parking lot at its closest point to the front yard
easement line along Xerxes Avenue North.
Purpose: To bring the existing building into conforma
setback requirements and to allow for the
addition to the existing building and a
Request: Waiver from Section 11.46, Subd.
Setbacks
. 11 feet off the required
existing building at its
line.
. 18 feet off the r
proposed pa
property lin
to a distance of 7 feet for the
closest point to the south side yard
.
Purpose: To bring th
setbac
lot fo
g building into conformance with building
nts and to allow for the construction of a parking
Section 11.46, Subd. 7 (A) Loading and Parking
rements
o reduce the parking requirements for this land use from the
50 required parking spaces to 38 parking spaces.
To allow for the construction of a parking lot for the site.
Request: Waiver from Section 11.46, Subd. 7 (F) (1) Loading and Parking
Requirements
· To reduce the size of the parking spaces from the required 9
feet in width and 20 feet in depth to 8 feet in width and 18 feet
in depth.
.
Purpose: To allow for the construction of a parking lot for the site.
.
Minutes of the Board of Zoning Appeals
November27,2001
Page 7
Request: Waiver from Section 11.46, Subd. 6 Use of Land
. To increase the lot coverage of the site by buildings and
structures from 25% to 29%.
Purpose:
To allow for the construction of an addition to the existing building.
.
Olson discussed the calculations he used to d
required and stated that according to those c
provide 50 parking spaces. He stated that th
parking spaces which they are confide
study they had done. He stated they
of the parking spaces from 9 feet i
feet in depth.
ing building
w it was
along Xerxes.
in width for a
Q,fhe variances being
L$lV
&$nt.
Olson stated that the applicant is proposing to add an addition t
and pave the parking areas. He stated that upon the City En i
discovered that no right-of-way was ever dedicated in front
Therefore, the City Engineer is asking the applicant to de
right-of-way, drainage and utility easement. He stated t
requested are because of the dedication of the request
t mber of parking spaces
, the applicant would need to
t is proposing to provide 38
or their needs based on a parking
esting a variance to reduce the size
20 feet in depth to 8 feet in width and 18
Olson stated that the applic
that the City Code states
the lot. The requested va
it weren't for the eas
apply for this vari nc
residents there
notices.
riance request is for Use of Land. He stated
il gs or structures shall occupy more than 25% of
is to increase that percentage to 29%. He stated that if
e City is requesting the applicant would not need to
ated that since this property abuts Minneapolis,
cluded in the notification process and did receive hearing
itect for the project, stated that the applicant went door-to-door in
several times to try and get signatures and that she got some
me neighbors weren't home any of the times she tried.
McCracken-Hunt asked if it was typical for the City to allow 8-foot wide parking spaces
and stated she was concerned about how tight that would be. Olson stated that 8-foot
wide parking spaces are not typical, but that the Engineering Department has reviewed
the plans and they don't have any issues with it.
.
Cera stated that they are going to need a variance for the number of parking spaces
anyway and suggested that the applicant change the dimensions to 8 1/2 feet wide by
18 feet deep and have fewer spaces. Olson stated he didn't think that would be a
problem because the applicant has indicated that they would only need 25 to 28
parking spaces.
Minutes of the Board of Zoning Appeals
November 27,2001
Page 8
(
Shaffer referred to the site plan and stated that the garbage dumpster is sitting in a
location that is hard to get to and asked if the City requires enclosures or screening
around dumpsters. Olson stated that there is nothing in the Institution Zoning District
Code about screening dumpsters.
.
Dorothy Mollien, Executive Director for Reuben Lindh Family Services, discussed the
different programs that Reuben Lindh offers to families. She state t they were
awarded a contract from Hennepin County to offer a supervised t program for
families with children who are in foster care. She stated that e for usage
Sell asked if any people
of operation would b
are 9:00 am to 8:
Saturday.
econd floor of
,,,,Wing their offices
a s classes and
ome funding sources that
for this program is after school until 8:00 at night. She st
the building would be used for administration and they
from South Minneapolis to this location. She discussed
services that they hope to offer in the future and di
they have.
Smith asked how many employees they have
on site would vary because a lot of the
there would be room for ten administr
tated that the number of staff
s and aren't on site, but that
~~ees, who would be on site.
nepin County families. Mollien stated that
pin County residents, but occasionally they
.
Smith asked if Reuben Lindh on
this particular program is only f
serve Anoka County.
staying overnight at this location and what their hours
ated that no one would stay overnight and the hours
through Thursday, 9:00 am to 5:00 Friday and all day
Shaffer asls~ talk about how the neighbors are responding to this proposal.
~~;~),
Mollien stater' ey have been in the building for two years now. Shaffer stated he
was c ern out how the neighbors feel about the 2-story addition being added.
Mollien t the neighbors adjacent to the north have been very supportive, the
people acro he street have been supportive but there was one neighbor who was not
happy and was opposed to the proposal. She stated that she couldn't get a hold of any
of the other neighbors. Olson stated that he is very confident that the neighbors have
been informed.
Felt stated that it is a quiet facility and that there wouldn't be a lot of traffic generated.
Neal Blanchette, Larkin, Hoffman, Daly and Lindgren, stated that the existing building is
about twice the size of the proposed addition and that Reuben Lindh will be doing a .
number of things to improve the site such as paving the site and making improvements
to the existing building.
.
.
Minutes of the Board of Zoning Appeals
November 27,2001
Page 9
McCracken-Hunt asked Blanchette to address the variances related to the 27-foot
easement that the applicant is dedicating to the City. Blanchette referred to the site
plan and stated that the easement dedication is driving the front yard and the lot
coverage variance requests. He discussed the other variance requests, which are
related to the existing building.
McCracken-Hunt asked the applicant to address the concern over
parking spaces. Felt stated that she was comfortable with the 8
spaces because it is for employee parking only and there pro a
than twenty cars there at a time. A lot of the clients are dro do
require a many parking spaces. She stated that she was
request for fifty parking spaces but that going to 8 1/2 -
losing a few spaces would be fine. Blanchette stated th
as many trees as possible.
.
Shaffer asked if there was any wa
be bigger and the employee par
spaces. Cera stated he would
spaces everywhere and jus
-foot wide
parking
oul 't be more
, ey really don't
with the City's
ing spaces and
re also trying to save
Olson stated that even though Reuben Lindh
Staff wanted them to provide as many parkin
in the future.
'res 25 to 28 parking spaces,
s possible for re-use purposes
g spaces in the front part of the lot could
n the back part of lot could be the smaller
e the applicant go with 8 1/2 -foot parking
ber of spaces down a little.
Shaffer asked the applica
the Board front and
had any front elevations of the building. Felt showed
vations.
MOVED by Cera
following var"
d by Shaffer and motion carried unanimously to approve the
.
1) ..~ required 35 feet to a distance of 19 feet for the existing building at
clos pOint to the front yard easement line along Xerxes Avenue North
2) 2 ~~) ~he required ~5 feet to a distance of 9 feet f~r the proposed building
addltlm'l at Its closest pOint to the front yard easement line along Xerxes Avenue
North
3) 28 feet off the required 35 feet to a distance of 7 feet for the proposed parking lot
at its closest point to the front yard easement line along Xerxes Avenue North
4) 11 feet off the required 50 feet to a distance of 39 feet for the existing building at
its closest point to the rear yard property line
5) 18 feet off the required 25 feet to a distance of 7 feet for the proposed parking lot
at its closest point to the south side yard property line
6) To reduce the parking requirements for this land use from the 50 required
parking spaces to as many parking spaces as they can fit on the site using 8 1/2
feet wide by 18 feet deep spaces
7) To reduce the size of the parking spaces from the required 9 feet in width and 20
feet in depth to 8 1/2 feet in width and 18 feet in depth
.
Minutes of the Board of Zoning Appeals
November 27, 2001
Page 10
8) To increase the lot coverage of the site by buildings and structures from 25% to
29%
.
The following conditions are also part of the approval:
1) The garbage dumpster must be screened by a wood enclosure.
2) The recommendations of Deputy Fire Marshal Ed Anderson
to Dan Olson dated November 9, 2001.
3) The recommendations of City Engineer Jeff Oliver as f u
November 19, 2001.
emo dated
III. Other Business
A. Discussion of December 25,2001 Board ofS .
Party
Olson stated that the December 25, 2001 me
11, 2001. The Board decided that they
to Brookview for their holiday party.
een rescheduled for December
meeting at City Hall and then go
IV. Adjournment
.
.
.
2004 Hillsboro Avenue
North
01-12-58
.
Roy Smith
.
.
.
.
Hey
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Board of Zoning Appeals
From:
Dan Olson, City Planner
Subject:
2004 Hillsboro Avenue North (Map 19) (01-12-58)
Roy Smith, Applicant
December 5, 2001
Date:
Roy Smith, with property located at 2004 Hillsboro Avenue North, is requesting variances
from the Residential zoning code (Section 11.21). The applicant has approached the City to
build a garage addition. This addition requires variances from building setback requirements.
During the construction planning process, a survey was submitted for the property and it was
discovered that the existing home also does not meet setback requirements. Below are the
requested variances:
· The first requested variance is from Section 11.21, Subd. 7(A) Front Yard Setback.
City Code states that the front yard setback shall be 35 feet from the front yard property
line. The variance request for the existing home and proposed attached garage is for 2.5
feet off the required 35 feet to a distance of 32.5 feet at its closest point to the front
property line along Hillsboro 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, the side yard setback shall be 15% of the lot
width. The requested variance is for 6.5 feet off the required 13.5 feet to a distance of 7
feet at it closest point to the north side yard property line for the proposed attached
garage.
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 1950.
No other pertinent information was found in the file.
Subject Property: 2004 Hillsboro Ave N
Roy Smith, Applicant
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(Revised 1/~9)
Petition Number 01- /2 -SB
Date Received III, '1/ i)1
.
Amount Received ~ So, (Jc)
($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 Dtf ~i4eva- .~ ~~
BZA Petition Date r 1- I 9' - :2. p-(J' J
.
Petitioner:-- .J{!TO] ~.._~7tJv
I :~~s~ 'f~ LeL.. T~"u 9 ~s~~~~~ ~ ~o/
\. . 7? "3 - 1."<<./-(;.,. 3. )70
Business Phone Home Phone J
/,,,.
2.
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 petition (found on survey):
( .E 'X I 'l':T [ill () fJ CJ f! -S ':. #2.0~
~'
\.
'.
6. Type of property involved in this petition:
Residential: i Single Family _ Double Dwelling _ Multiple Dwelling
Industrial
Commercial
Institutional
Bus. & Prof. Office
. Other
7. Detailed description of building (s), addition(s), and alteration(s) involved in this petition.
The site plans and drawings submitted with this petition will be the basis of any
variance that may be approved and cannot be changed before or after the building
permit issued.
ItJJ
JOIAIoIe:
CAr
~1 'l. (6-. '1 e..
~ "
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 $ representing the
Board of Zoning Appeals Application Fee.
f. . ..~(R ?Y) ~/<:f':':~~
'. Signature of Applicant
UNLESS CONSTRUCTION OR THE ACTION APPLICABLE TO THIS WAIVER REQUEST, IF
GRANTED, IS NOT TAKEN WITHIN ONE YEAR, THE WAIVER EXPIRES.
.
The applicant will need to obtain the signatures of all adjacent property owners. This includes
all properties abutting the applicant's property and directly across the street. If on a corner, this
means across both streets.
NOTE TO ADJACENT PROPERTY OWNERS: This petition is application for waiver of
Ordinance(s) of the City Zoning Code. Please be aware of any possible effect the granting of
this waiver could have on your property. All property owners adjacent to the subject property
will receive a notice of the Board of Zoning Appeals hearing, at which they may present their
views. Your signature is required only to verify that you have been told about the request and
gives the adjacent property owner opportunity to comment. .
(Comments can contain language of agreeing with the project, objecting to the project or
other statements regarding the project)
Print Name
Comment
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Address OO/~ !-(IL<'SJ3,()lD AUt?;
Print Name
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Signature
Address
Print Name
Comment
Signature
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Print Name
Comment
Signature
Address
Jm. J<yro &- ../J.-ia/..
1"lIlOf'...IONAL LAND awwnO". AffD LAND DIYCLO".....T CONeULTANTs
NlI2J 544.'..7
33157 WlKONSIH AYE. NO. MIN"I:A~LI" MINN. SS427
SURVEY FOR:
ROY SMITH
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AVENUE
'100 If
HILLSBORO
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DESCRIPTION.
Lot 17 and that part of Lot 18 lying South of' the North 30.00
feet there~f including the West half of ,the adjoining vacated
alley, Block 2, LAKEVIEW HEIGHTS, City of Golden Valley,
Hennepin County, Minnesota.
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11-28-01
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HEARING NOTICE
Board of Zonina Appeals
2004 Hillsboro Avenue North
Rov Smith. Applicant
Roy Smith, with property located at 2004 Hillsboro 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
garage addition onto the existing home. Also, as a result of this
construction, it was discovered that the existing home does 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 and
proposed attached garage is for 2.5 feet off the required 35 feet to
a distance of 32.5 feet at its closest point to the front property line
along Hillsboro 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, the side yard setback shall be 15% of the lot width. The
requested variance is for 6.5 feet off the required 13.5 feet. to a
distance of 7 feet at it closest point to the north side yard property
line for the proposed attached garage.
This petition will be heard at a regular meeting to be held Tuesday,
December 11, 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 763/593-3992.
Adjacent properties require notification.
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5411 Circle Down
01-12-59
Carlson Brown Investments
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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:
5411 Circle Down (Map 9) (01-12-59)
Carlson Brown Investments, Applicant
Date:
December 5,2001
Current Variance Request
Carlson Brown Investments, with property located at 5411 Circle Down, is requesting
variances from the Business and Professional Offices zoning code (Section 11.45).
Currently, the property is zoned Institutional (1-3), but the applicant is applying to rezone the
property to the. Business and Professional Offices zoning district and amend the
Comprehensive Plan Map from Semi Public Facilities to Offices. This rezoning and
Comprehensive Plan Map Amendment will be reviewed by the Planning Commission on
December 17, 2001 and by the City Council on January 15, 2002. The variances requested
will be contingent on the rezoning and Comprehensive Plan Map Amendment being
approved by the City Council. In addition, the Metropolitan Council will need to approve the
Comprehensive Plan Map Amendment.
The applicant has approached the City to convert the building from a nursing home use to an
office for attorneys. This involves demolition of some portions of the existing building, as
well as providing new paved parking areas. Attached for your review is a site plan for the
project. The existing building meets all building setback requirements under the Business
and Professional Offices zoning district. However, the parking lot requires variances frqm
parking lot requirements. The applicant held a neighborhood meeting to discuss the
proposal. Therefore, staff did not require the applicant to obtain neighbor's signatures on the
variance application. Below are the current requested variances:
. The first requested variance is from Section 11.45, Subd. 5 Front Yard Setbacks. City
Code states that parking lots shall be setback at least 35 feet from any front yard property
line. The requested variances are for 21 feet off of the required 35 feet to a distance of14
feet for the existing parking lot at its closest point to the front yard property line along
Circle Down; and for 18 feet off of the required 35 feet to a distance of 17 feet for the
existing parking lot at it closest point to the property line along Turners Crossroad.
. The second requested variance is from Section 11.45, Subd. 5 Side and Rear Yard
Setbacks. City Code states that parking areas shall be setback at least 10 feet from any
property zoned Commercial. The requested variance is for 6 feet off the required 10 feet
to a distance of 4 feet at it closest point to the south side yard property line for the .
proposed parking lot.
. The third requested variance is from Section 11.45, Subd. 3 Loading and Parking
Requirements. City Code states that in the Business and Professional Offices zoning
district, one parking space is required for every 250 square feet of gross floor area.
Based on this requirement, staff estimates that the required number of parking spaces is
61. The variance requested is to reduce the number of required parking spaces to 57.
. The fourth requested variance is from Section 11.46, Subd. 7 (F) Loading and Parking
Requirements. The requested variance is to reduce the size of the parking spaces from
the required 9 feet in width and 20 feet in depth to 9 feet in width and 18 feet in depth.
The conditions for approval of these current variances are as follows:
1. The variance approval is contingent upon the City Council's approval of the rezoning
of the property to Business and Professional Offices and the amendment of the
Comprehensive Plan Map from Semi-Public Facilities to Offices.
2. The variance approval is contingent upon the Metropolitan Council's approval of the
Comprehensive Plan Map Amendment from Semi-Public Facilities to Offices.
3. The recommendations of City Engineer, Jeff Oliver, as found in his memo dated .
November 21, 2001 become a part of this approval.
4. The site plan revised November 2, 2001 shall become a part of this approval.
Previous Variance Requests
The City's file on this property reveals that a permit was pulled in August of 1957 for the
construction of the existing building, which first functioned as a nursing home. It has
functioned in that capacity until recently. No other pertinent information was found in the file.
Previously, this property received variances. The minutes from those meetings are
attached for your review. Below are the details of those variance requests:
. In January, 1962, the Planning Commission recommended denial to the City Council
for several variances to build a building addition. However, the City Council approved
the variances at their February 6, 1962 meeting.
. In June, 1967, the Board of Zoning Appeals (BZA), approved variances for another
building addition. This variance approval was clarified at the July 13, 1967 BZA
meeting.
. In October, 1978, the BZA approved a variance to allow a kitchen expansion along the
south lot line.
. In June, 1993, the BZA approved a variance to allow another kitchen expansion along
the south lot line.
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2
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Subject Property: 5411 Circle Down
Carlson Brown Investments, Applicant
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CITY OF GOLDEN VALLEY
CITY OF ST.LOUIS PARK . . _. tlZt .-:-:.-."\
.....11.42 ch. ~..1. .-. $fA 1161>...
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Petition Number
Date Received /.)../3 /0/
Amount Received ...~
($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:
5't\\ C1~Le .:.Pow~
2. BZA Petition Date . 1X<:e~~ IJ I d-.OO J
3. Petitioner: ~~ ~\tJN 'NV(~
Name. . . .... < ..;. . '. ..
~S. W~~ ,Q:.'JO.. *~oJboIJ-et\"p,./';t $Y:;JfL.
Address' .. . City/State/Zip
I~~-S',- 9'SO .. . ... .
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:
c:'et~n ~ies ,If) S~<<. c.h~~ (OWf\YS ~.).
~ ~tU\~f.li '^-l. ~(.(W\ Good ~t.~ s.x;~
5. Legal Description of property involved in this petition (found on survey):
LotS I, ~,~ ~ '-I,8LocJe :l., Sp(;~ b~~So~ ~i+;&r\
. (40 ~ Git-tc)~\ ~ ~~, ~n~it\ ~~, M;1\t\t'~
6. Type of property involved in this petition:
Residential: -.: Single Family _ Double Dwelling _ Multiple Dwelling
Industrial
Commercial _ Institutional ~ Bus. & Prof. Office
Other
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10.
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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. . .
~ Oft.. $(tt" -10 f..tm~U.f ~~ c-IlW~i') ~
40GL P(~SS;or...Ooftic.. ~ fer 0tAr /4.w. .fi~
8.
(Staff will complete this item)
Waiver of Section ~. Subd(s):
5 (~('f) .
5(5)(:A) .
S(A)ill
Waiver of Section H. ~S
Waiver of Section J f. '-IS
Subd(s).
Suqd{s).
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9.
Please attach a brief statement of th~ reasons.. necessity. or hardship which
provide grounds for the granting of this waiver. Attachietter, p~otographs, or .
other evidef!ce, if appropriat.e. \toIt fU( '(OfOSi~. c-o ~~ ~ ~I ~ ~i c..h CAllI
;l.~ ~ ~ cl"", ~ '"'-'.fo.d- ~ ~ oN" (tIt~ (c. ~-4S 9\-0...11$.
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 ho,",se
and all other buildings to the front and side property Unes 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 sllrvey 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.
. UNLESS co. NSTRUCTION OR THE ACTION A L1CABLE TO THIS WAIVER REQUEST, IF
GRANTED, IS NOT TAKEN WITHIN ONE YEAR, THE WAIVER EXPIRES. .
1:
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Memorandum
Public Works
763-593-8030 I 763-593-3988 (fax)
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Date:
November 21, 2001
To:
From:
Mark Grimes, Director of Planning and Development
~.//.~ --,-;;.?
Jeff Oliver, PE, City Engineer ~./".'/"/ .
G
Preliminary Design Plan Review for Planned Unit Development at 5411 Circle Down
Subject:
Public Works staff has reviewed the plans submitted for a proposed Planned Unit Development at
5411 Circle Down Oust east of Turner's Crossroad). The existing nursing home on site is to be
remodeled and used as an office building. The plans also include some parking lot expansion in
areas where the existing building is to be removed.
Site Plan:
The proposed change in use of the building does not include any revisions to the site access.
Driveways will be provided onto Circle Down and Turner's Crossroad.
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Golden Valley City Code requires that all parking lots have concrete curb and gutter. The new
parking proposed with this PUD is shown with curbs; however, it appears that there are portions of the
existing lot where there is no curb and gutter. Therefore, concrete curb and gutter must be installed
on the entire parking lot as part of this PUD.
Utilities:
The existing building on site is currently served by municipal sanitary sewer and watermain. The
existing service will be adequate to accommodate the domestic use anticipated for the PUD.
Additional watermain work may be required if the Building Official determines that additional flow
capacity is needed for fire protection.
A Right-of-Way Excavation Permit is required for the proposed excavation into Turners Crossroads.
Gradina. Drainaae and Erosion Control:
This PUD is within the Sweeney Lake subdistrict of the Bassett Creek Watershed. The proposed site
improvements must comply with the Bassett Creek Water Management Commission's (BCWMC)
Water Quality Policy. Based upon the work proposed, water quality ponding is not required for this
site, but the implementatlon of Best Management Practices is required. Therefore, the plans must be
reviewed by the BCWMC. No work is to begin on site until the Commission has approved the plans.
This site is subject to the City of Golden Valley Grading, Drainage and Erosion Control Ordinance. No .
work is to start on site until a permit has been issued.
Tree Preservation:
. Based upon the work proposed, this PUD is not subject to the City of Golden Valley Tree Preservation
Ordinance.
Summary and Recommendations:
This proposed Planned Unit Development consists of changing uses from an existing nursing home to
professional office space. The proposal includes demolition of a portion of the existing building and
expansion of the parking lot. Based upon our review, Public Works staff recommends approval of the
proposed PUD subject to the following comments:
1. The installation of concrete curb and gutter on the proposed parking lot expansion and on all
existing parking lot with no existing curb and gutter.
2. The review and comments of the Bassett Creek Water Management Commission.
3. The developer obtains the appropriate Grading, Right-of-Way and Utility permits from the City
of Golden Valley.
4. Subject to the comments of other City Staff.
Please feel free to call me if you have any questions regarding this matter.
C:
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Mark Kuhnly, Chief of Fire and Inspection
Gary Johnson, Building Official
Ed Anderson, Deputy Fire Marshal
Dan Olson, City Planner
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G:\Developments-Private\5411 Circle Down\Prelim Review.doc
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,tieguiar j'.ieeting of the Golden Val ley Planning Cormnissioil, Jan9 i 1, 1962
ZONING - continued
.
.;J:==u.r.=-~1I1 ='1...d1l.alPl
I - is app ii cat i on is a reques t for zon i ng fronf an open deve lopme
t the light lndusttial category of a land parcel con~is'~ing 0
49 eras for a proposed 40,000 sqo ft9' one-story bUlidlng w. h
expan~ "on plans for a total building space of'80,000 sq.. ft , '
The app 1 nts met i!Ji th the Caromi ttee and, presented thei r 1 ans.,
rv1r.. Hugh l dsay;o the land developer, explained to the ommittee
that pians h . e been completed and construction has b~ initiated
to develop the rea referred to as the Lindsay Addit" 11.. He
further stated r-lt iII/Or k COLI 1 d ccmrnence ifilmedi ate 1 y. n the cons true-
tion of the necess ~y streets and roads which woul serve the
p~oposed building.
Mr. Heinrich presented
Company's operation, whi
into finished productsQ
the Canmittee an ex anation of the
consists of conv Ling raw paper stock
project, presented pre-
the buildina would have
i1ar to the type on the
Mr.. Dave Griswold, the arenite . for th
liminary building plans and stat tha
exterior pre-formed concrete pane
PI b"d"
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The :applicants agn::ed to submit .11age Engineering Depart- .
ment for approval final plans s ~treet location leading
North to Golden Valley Road a agreed to icate all necessary
road rlfjht-of-ways to the Vi ,age. The appl ants also agreed to
include the proper laridsca~. 9 as part of thei. overall plan~
ecornmends
this land
,e
After due consideration, he Corrmlttee unanimousl
approva1 of this 20ninp request~ The proposed use
satisfies in all n:;sp 'ts the requirements of the Vi 1
()i~di nances" II
Mr" Hugh Lindsay .nd Mre Heinrich were present and
plans foa'" thi s ropo:~ed deve i opment <J
Motion by l ghland, seconded by Senstad that the Planning
Comr.1issio~ eccept the committe~ reoort and rec~iend approval of
tlli s reCH"",st to the Counci 1 " Motion unanimous i v cal'"ried"
,
, ORDUJ!j,NCE WAIVERS
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CIRCLE DO~NS - Weidwood Nursing Home
Ordi na!'c~~ C01Ttt'11i ttee
Chsdnnan Jer'lsen gave the fo" iOIts-Lng report:
"Request is for necessary waivers to build sn addition Eipproxi-
mately 50' x 125' onto existing building~
, 1. \
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Regular f1eeting of the Golden Valley Planning CanrnissiorlJl Jan" lit} 1962
10RD!NANCE WAIVERS - continued
j -~'~-~--;'~~~~~:'~i.04 (25% t\!'"ea) to use 28..7% of area"
1
A waiv~~r of See" 11.05 (Parking Area) 33 spaces required
and appr"oximately 13 available within the code..
A waiver of Sec. 11.06 (Side and Rear Yard Set Back) a
17 ft. waiver to 13 ft. from the East lot line..
A 20 ft. \\laiver to 30 ft. from the South lot line to i"leW
addition..
A 1~2 ft.. wa i vel'" to 8 ft . from the South tat line of
proposed addition to existing kitchen and'dining room.
The Corrnnittee checked the proposed plans and survey and dis-
I cussed the numbers and magnitude of waivers at.length.. The
...... Committee l..!rIcliTimousiy agr"eed the proposed addition was too
. large for the iot and therefore recommends denial."
I
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.~ f-'lr.. Hechter and f"'it.. Don Er"ickson were present arId answered questions
\ the Commission had concerning the waiver request.
leAf:ter discussion a motion ltJas made by Shinder, seconded by Bedwell that
}, the Planning Commission accept the COHlrnittee report and recof'frnend deni;al
'(:hiS request to the coun::~~ R::::o:L~~:;;ous ly carded. ~/
~~ I EW - Parcels J. M & Nand lndustrial Zone lying North
Duluth ~:;t: and SouthvJester 1 y of ;'iinneapoU s, Nor
field and Southern Raih>iay..
"ng Cal1mittee Chairman Bra~n gave the
Long
"Tht1 LOl1g Range mi ttee rev i e\.,;ed the zoo i ng of 'i' cts J" ~4 and N
and the Industria neo area North of Duluth eet and $outh-
\'1esterly of the r-Unne Northfh~id uthern Raili,vay"
After cons 'j den'!Ati en and stu
the fa 1 i a,,~i r'lg :
1 ) nosed County Road 1166 ~
Douglas Drive$ West- e Heights a . runswick Ave,,) which
the Planninq COlli:' 510&1 previously r mmei1ded for Resi-
di~ntiai lonin, ~houid be rezoned to Re &1tlal"
e
2) . ounded by \\fym~ood Ave", OouglasOrl, Crystal
Vi J la'" imfts and Zane t\verH..w;) cnd Tract N, (bou . j by
's Drive, Sandburg School and Medicine lake Ro~d..
tld be ieftin the Open Development category for the
,iGSentu '!n the event of construction on the commercial
un
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A -eaular meetinG of the G~lden V211ey B03rd of Zoning Appeals was
-Tuesday, June 13,196i'~ ;..;t 7:.30 porn. ;.~t th~ .GQlch::r1 'falley Civic
Cent 7800 G~lden Valley ::bt:id, G11ckm Val icy, ~'\innesota. Chairman
Christ. sen presided and the f:>lid'Jing rr:e\i!~~"S ~!ere present: Jensen,
Anderson, ~ruchc Also present were Otto Sch~id, and Phyllis Jordahl.
I~ ':.~r~ 1 "'~G c: ~,.j <:;.~
}r C) t t i;.o~ ~:;.j ::.~: ::.:: "',; r::.. ,- t'
,..'OVED by Anders'~: sec:!flch:::.3 ;::/ ~:"'~'~:h~, '::;;.;H'{"~,:c; unc:nim::;L:s1y;
appr :)\1'" ~h....--., minI ,!'-<.-,,, ,.....;.l~ :'<'12\1 :-) . i ('(7
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i7 - 6 - 1,?..
'2'1UO cl.1r""t"1.,..l- .,~,~v;~. (,:i-i. ".:::'I~~"': -'-'~':~~:.,~..
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The petition is for the we. er of Section 3,0] at t~
for' 2.4. feet to a sldeyar,d ::; .;.b;:;;:::k ,,1f 'i2<b f~~:2t't
of the existing dwellingo
i"tOVED by Bl"uch.. seconded by
the waiver as requested.
carried to 0p~rcv2
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(9) 309 f1eadc'.'i Lane
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Ahe P€~t it ion is f:)F the\>Ji:l i V'6r ~f .,. e.::t ion 3 ~ of the Z.on i ng Code
""or 11 fee:t to a frcntyard sect'- _K ~f 2!.~' i:l!10 ...!aiver On the s',)uth
sldeyard of 8 feet to a setb ~ of 7 feet. for a , eposed heme, l.Li
f-10VED by Bruch, .ui!ders~m~ unaniinously C . leo, to deny tiv
t. '.. d - 1 I l.. b . .,.. f}#
ne reCiuest S Hlce ti1e ar "ee S t,iat a H'~rne can e S 1 gned ',:cr A; '~
onform "'Jith the Vi 11ag:; Ordinance ""li';'0.
6l.:i::.'4 F':. e'd D f e 1 1-\ D .,...J..21_ _ ~_l2... c ) o~r.1 ea f _ ~ r.: 1 ve J~'" 'I. ~l
.s fOi- the t'J~ivel. :>f Sec;tiyl1 3,.07~f the Zoning C. f'~f~~~J~~\J~
frOi"ltyard setback :;f 2S feet for a pr'3p~sed home 0 \'" \,
'1 '
y tlnderson, sec:ii1d;;::,d by .Jensen, unar'lif/'!:lusly carried to denyr.;'
equest because. the Board feel that no c:;:..,,\,."'.,...e....l..lilJ:.d.sh..i~ists~
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21- ~! 5 W~ 1 d~~ N,:!!:_s5.\].g ~.2"~ .~J 7 .L.5411_~ Ire 1 UJz..ms ',,-
The petition is for the 1,,1alv€:r ~f Section 11..06 for 4204 feet to. a\
rea.r yard se.tba~k of 706. fee~ i:1n~ Section 13.>02~f approximately 70~71 /
x 17o~' ofrequlred landscaplng 1n the re~r yard setback for the
proposed addftfono - '.
MOVED by Anders~n.seconded by Jensen~ unanimous1)1 carried to ~;ran.t
the \"i8 i vers 0 i-he 13cc)l"d n~tes that the proponent i sconstruct ing
thin the area that \:,'as previ!,)usl y ....!aived by the Vi llzge. Counc'i ~ 0
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for one II
. e request of the
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June 26, 1967
MEMO TO: Dan Lynch
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FROM: Otto Schmid, Secretary - Board of Zoning Appeals
SUBJECT: Weldwood Nursing Home
At the June 13, 1967.meeting of the Golden Valley Board of Zoning Appeals a
petition for waivers for the Weldwood Nursing Home was reviewed. It was the
opinion of the members of the Board, that the waivers be granted for the following
reasons:
1. The Board noted that the proponent was constructing within the area that. was
previously waived by the Co Ulcil in 1962.
2. The Board noted that the proposed construction was not resulting in an increase
in the number of beds or employees at the home.
At this time it is noted that the petition was not complete in that not all the waivers
needed were requested. Additional waivers for a 31. 680/0 Lot coverage as opposed
to the existing 28. 7% lot coverage and also for the required landscaping are needed.
Portions of the existing parking lot, noteably an area of approximately 65 x 20 feet
on the northwest corner of the lot and an area of approximately 1801 x 20' on the
southerly extremities of the lot are presently blacktop and should be according to .
our new ordinance, landscaped.
In a conversation with Mr Glen Christiansen, Chairman of the Board of Zoning
Appeals, concerning this request, it was his opinion that the Board's intent was
to grant the waivers for this request. The fact that the petition was not complete
was an over site on the part of the petitioner and the secretary. Mr. Christiansen
indicated that the minutes would be amended at the July 11, 1967 meeting and
instructed the Secretary to amend the petition to include the waivers which were
supposed to be part of this petition.
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REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
JU L Y 1 3, 1 967
"'A regular meeting of the Golden Valley Board of Zoning Appeals Was held
Thursday, July 13, 1967 at 10:00 p.m. at the Golden Valley Civic Center,
7800 Golden Valley Road, Golden Valley, Minnesota. Chairman Christiansen
presided and the following members were present: Velz, Anderson. Also
present were Dan Lynch, Otto Schmid, Phyllis Jordahl.
APPROVAL OF MINUTES
MOVED by Velz, seconded by Anderson, unanimously
minutes of June 13, 1967, as amended.
67-7-16
6829 SANDBURG LAND (14) FRED WALL
The petitioners withdrew their request. No fee will be refunded.
67-7-20
4700 OLSON HIGHWAY (7) VOLP CONSTRUCTION CO
The petition is for the waiver of Section 5.05 of 5.04 feet to a front yard
setback of 29.96 feet on the existing building. A waiver of Section
13.01 of two required parking spaces to a total of 21 spaces.
The Committee postponed action on this matter for one month pending
tentative acquisition of additional land on the north end of the lot.
...
A motion was entertained for adjournment
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Chairman Christiansen
at 10:45 p.m.
Secretary Otto Schmid
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Board of Zoning Appeals
October 10, 1978
V78-10-43 (11. e 9) lnst Hut ion. 1 (I -3) 5411 C i rc 1 e Down
· The petition is for the waiver of Section
11.06 for 42.4' off the required 50' setback along the south lot line
to allow the existing kitchen to be expanded 16' to the west.
.
page 6
Weldwood Nursing Home.
The petition is to expand the kitchen 16' west and along the south lot line in
alignment \'/ith the original structure \'!hich had been waived for setback and green
area when originally built.
Mr. O'Malley, Corporate Director of Maintenance, Gold ~1edal1ion Corporation, and
Mrs. Scott, Administrator of the Weldwood Nursing Home, were present. Mr. O'Malley
explained the proposed construction. Mrs. Scott explained that when the original
building had been built, the kitchen area ,^'<is small but adequate. Several years
later a substantial addition for ~~re patients was added but no further kitchen
facilities. A dining room addition in 1967 was added to the east \-/ith Board of
Zoning Appeals approval. This addition required a similar waiver along the south
lot line.
Mrs. Scott explained that the State Board of Health and also the Golden Valley .
Sanitarian have repeatedly recommended uodating the kitchen facilities and serving
lines. I~rs. Scott also explained that' while this addition is constructed over the
present outside stair\'lell from the boiler room below, a neVI exit \'/ill be maintained
to the outside from the boiler room in accordance with State and local Fire Marshall
requirements.
Glen Christiansen moved to approve the waiver as requested, subject to the exit
being provided as required by the Fire Marshall. William Forster seconded
the motion. During discussion on the motion ~1ahlon S\'/edberg noted precedence for
the variance had already been set by the approvals for the original structure and
the addition in 1967. He also noted the effect on parking area as it now exists
is minimal and the kitchen remodel a substantial upgrading. Upon vote, the motion
to approve carried unanimously.
(Map 9) Business & Professional (Office Building) 1105 Turners Crossroad C
(Lot Sout.1 ldwood Nurs ing Home & North of All ey behind Shopping Center
Howard Da h lor en
The petition ;s
10.04
13.01 (7)
above ground.
aces to
.
1 0.06
.15' off the required green area and building setback
along the South lot line.
for 26' off the reouired 35' green area along the South
lot line of the parking lot.
Board of Zoning Appeals
Page 8
June 8, 1993
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Swedberg said it appears there's just too much building on the site
Swedbe ed to deny the plans as presented. Second by Mike Sell and n
vote carrie. ur ayes and one nay~ Johnson. Chairman Smith exp. . d the
appeal process to ity Council on any denial. Attorney~ D Wiese, said
rather than appeal, the ld like to have the opportuni further explore
soil conditions and possibly . n adjustments to th e and could the Board
possibly defer rather than the .ou . t denial.
The Board discussed deferral at length,
rescind the denial. Mike Sell move rescind
noting there had not been anyi . ation before the vo
proponents wanted to furth plore soil conditions and des
seconded the motion to ind and upon vote carried unanimously.
a to defer Board action on this proposal for up to 90 days
onentstime to provide additional and alternate information.
Mike Sell and upon vote carried unanimously.
a consensus was reached to
rd's action of denial
been taken that the
Mahlon Swedberg
Herb Polachek
allow th
Seco
93-6-l9 (Map 9) Institutional 1-3
5411" C i rc 1 e Down
v~theran Good Samaritan Society
. The petition is for waiver of Section:
11.46 Subd. 8
rear setback~ for 43 feet off the required rear
setback to a distance of 7 feet from the south
lot line to the proposed kitchen addition and
walk-in cooler. (Present building exists at
this setback dimension.)
The petition was in order; however, the signatures of the adjacent property owners,
which were going to be submitted as a supplement, had not been received. Mr. David
Messick, Administrator, was present. No adjacent property owners were in atten-
dance. Mr. Messick said .Good Samaritan had recently purchased the home. They had
been looking at expansion of some other areas but site constraints prohibited
that. The present small kitchen addition is on the south side adjacent to the
Rupert's parking lot. Lloyd Becker noted the building, when built, was granted a
variance by the City Council to the present setback from the south lot line. The
proposed addition aligns with the existing setback. Mr. Messick said they had
contacted the adjacent neighbors and they do have their consent. It appears a
mix-up of who was going to submit the signatures.
Lloyd Becker said notice had been sent by the City to all adjacent properties.
Mahlon Swedberg moved to approve the variance as requested noting the previous
waiver for the established setback on the south lot line and the minor addition is
to upgrade to meet sanitation health requirements. Second by Herb Polachek and
upon vote carried.
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11-28-01
HEARING NOTICE
Board of Zonina Appeals
5411 Circle Down
Carlson Brown Investments, Applicant
Carlson Brown Investments, with property located at 5411 Circle Down,
has petitioned the Golden Valley Board of Zoning Appeals for variances
from the Business and Professional Offices zoning district. The
applicant is proposing to convert the building from a nursing home to an
office for attorneys. This involves demolition of some portions of the
existing building, as well as providing new paved parking areas Some
of the new parking areas require variances from Zoning Code
requirements. This construction project requires variances from the
following sections of City Code.
. The first requested variances are from Section 11.45, Subd. 5
Front Yard Setbacks. City Code states that parking lots shall be
setback at least 35 feet from any front yard property line. The
requested variances are for 21 feet off of the required 35 feet to a
distance of 14 feet for the proposed parking lot at its closest point to
the front yard right property line along Circle Down; and for 18 feet off
of the required 35 feet to a distance of 17 feet for the proposed
parking lot at it closest point to the property line along Turners
Crossroad.
. The second requested variances are from Section 11.45, Subd. 5
Side and Rear Yard Setbacks. City Code states that parking areas
shall be setback at least 10 feet from any property zoned
Commercial. The requested variance is for 6 feet off the required 10
feet to a distance of 4 feet at it closest point to the south side yard
property line for the proposed parking lot.
. The third requested variance is from Section 11.45, Subd. 3
Loading and Parking Requirements. City Code states that in the
Business and Professional Offices zoning district, one parking space
is required for every 250 square feet of gross floor area. Based on
this requirement, staff estimates that the required number of parking
spaces is 61. The variance requested is to reduce the number of
required parking spaces to 57.
. The fourth requested variance is from Section 11.46, Subd. 7 (F)
Loading and Parking Requirements. The requested variance is .
to reduce the size of the parking spaces from the required 9 feet in
width and 20 feet in depth to 9 feet in width and 18 feet in depth.
This petition will be heard at a regular meeting to be held Tuesday,
December 11, 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 763/593-3992.
Adjacent properties require notification.
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2
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3065 Glenden Terrace
01-12-60
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Terry McDonald
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Hey
Memorandum
Planning
763-593-8095/ 763-593-8109 (fax)
To:
Golden Valley Board of Zoning Appeals
From:
Dan Olson, City Planner
Subject:
3065 Glenden Terrace (Map 4) (01-12-60)
Terry McDonald, Applicant
Date:
December 5, 2001
Terry McDonald, with property located at 3065 Glenden Terrace, is requesting variances from
the Residential zoning code (Section 11.21). The applicant has approached the City to
rebuild a shed on the property. This shed requires variances from accessory structure
requirements. Also, during the construction planning process, a survey was submitted for
the property and it was discovered that the existing home also does not meet setback
requirements. Below are the requested variances:
. The first requested variance is from Section 11.21, Subd. 7(A) Front Yard Setback.
City Code states that the front yard setback shall be 35 feet from the front yard property
line. The variance request for the existing home is for 2.7 feet off the required 35 feet to a
distance of 32.3 feet at its closest point to the front property line along Glenden Terrace.
· The second requested variance is from Section 11.21, Subd. 12 (A) Accessory
Buildings. City Code states that any shed be located at least 35 feet from any lot
boundary which is also a street line, be located completely behind the home, and be. at
least 10 feet from the home. The variance request for the shed is for 7.2 off ofth~
required 35 feet to a distance of 27.8 feet to the property line along Triton Drive; to. be
located to the side of the existing home; and to be 1.5 foot off of the required 10 feet to, a
distance of 8.5 feet to the existing home.
The City's file on this property reveals that a permit was pulled in December of 1959 for the
construction of the existing house. No other pertinent information was found in the file.
Subject Property: 3065 Glenden Terrace
Terry McDonald, A licant
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Petition Number 0 I -,? - (p 0
Date Received i ;"'/3 J 0 i
Amount Received So ,0;>
($50 residential - $150 other)
PETITION FOR ORDINANCE WAIVER
CITY OF GOLDEN VALLEY
BOARD OF ZONING APPEALS
1. Street address of property involved in this petition:
EOIo S- G-Ll?JJ l'JE/J Tl?((~~
2. BZA Petition Date IJ-/ III b I
3. Petitioner: 'fG ~~ '-I' fY\ A-C- 0 0 rJ-A '-lJ
Name
'3ot:.S CLEAJ()fi1J T~;tJ-LE ~t..OEfV (J.4-LLeY jIJ# SSY.;1.2-
Address City/State/Zip
7(,3- qrll-3Q03 '763 ~ 5.;1..1-5""5'/0
Business Phone Home Phone
4. If petitioner is not owner of all property involved in this petition, please name property
owner and describe petitioner's interest (legal and other) in this property:
5. Legal Description of property involved in this petition (found on survey):
~o-r .' J 8Lock..3) w ~OJ) LAwAJ fltRk. S"t:.(:.()N!:). A-P/J i ,/0 1\.;1,.
6. Type of property involved in this petition:
Residential: ){ Single Family _ Double Dwelling _ Multiple Dwelling
Industrial
Commercial
Institutional
Bus. & Prof. Office
. Other
7. Detailed description of building (s), addition(s), and alteration(s) involved in this petition.
The site plans and drawings submitted with this petition will be the basis of any
variance that may be approved and cannot be changed before or after the building
permit issued.
A-7TAcH~ is -rH' D€TIt-JLe:D DES'cR. ,-rilr.tJ op..T'H~ s:HElJ If."'/J 'TI+[;
Piil1tniS.IQ.V$ Ft.P--,Hf Vt\-.(tA-NCt. AS 'Nn..l ~S A H-A/Vt> Ol!.l+lJJltV(;..",ALs'aPtkTl'3
wl'tt~ Ci3",>c{{lfrn:d.J> 011) "j'HE I3l+ci<,S SHcW;.v'- DI:--rAIt...S".
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 1"7". 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 ~ S2.e. representing the
Board of Zoning Appeals Application Fee.
v:\
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Signature of Applicant
UNLESS CONSTRUCTION OR THE ACTION APPLICABLE TO THIS WAIVER REQUEST, IF
GRANTED, IS NOT TAKEN WITHIN ONE YEAR, THE WAIVER EXPIRES.
The applicant will need to obtain the signatures of all adjacent property owners. This includes
all properties abutting the applicant's property and directly across the street. If on a corner, this
means across both streets.
.
NOTE TO ADJACENT PROPERTY OWNERS: This petition' is application for waiver of
Ordinance(s) of the City Zoning Code. Please be aware of any possible effect the granting of
this waiver could have on your property. All property owners adjacent to the subject property
will receive a notice of the Board of Zoning Appeals hearing, at which they may present their
views. Your signature is required only to verify that you have been told about the request and
gives the adjacent property owner opportunity to comment.
{Comments can contain language of agreeing with the project, objecting to the project or
other statements regarding the project.}
.
Print Name L {i /5e 1I;;q . .
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Print Name /;? i,. 7::;J;
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LOT SURVEYSCOMP ANY, INC.
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA
7601 73rd Avenue North (763) 560-3093
Fax No. 560-3522
Minneapolis. Minnesota 55428
g,urUtynrs mtrtifirutt
TERRY McDONALD
Property located in Section 7.
Township 29. Range 24. City of
Golden Valley. Hennepin County,
Minnesota.
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INVOICE NO. ~571
F.B.NO. 902-40
SCALE: 1" = 30'
o Denotes Iron Monument
TRITON
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Lot 1, Block 3, WOODLAWN PARK SECOND ADDITION
The only easements shown are from plats of record or information
provided by client.
".hereby certify that this is a true and correct representation of
a survey of the boundaries of the above described land and the
loc~tion of all buildings and visible encroachments. if any, from or on
said land.
Surveyed by us this 29th day of November . 20..ill-.
4
Signed
Charles F. Anderson. Minn. Reg. No.21753 or
Gregory R. Prasch. Minn Reg No. 24992
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Date: 12/0 l/O 1
To: Board Of Zoning
From: Terry Mac Donald
Subject: Variance Request
The variance I'm requesting is to leave the new shed on the same site as the previous shed that was 8' 4"
from the garage instead of 10'. The shed is recessed by 9' 4" from the front of the house instead of fully to
the rear of the house.
My situation for requesting a variance starts with the collapse of the roof of the previous shed due to last
winters snow, as well as 20+ years of age. The old shed was on a cement slab and was 10' 4" wide x 13' 4"
long x 6' 6" high. This shed was on the site for over 20 years. I have never built anything of this nature
before so I tried to replace the shed myself. Since it was a rebuild on the same basic concrete slab I did not
even consider needing a permit or a variance. I always thought that a permit was something of a specialized
nature and I never heard of a variance process.
The old shed was 10' 4" wide x 13' 4" long x 6' 6" high. The new shed is 12' wide x 16' long x 8' high
making the new shed l' 8" wider x 2' 8" longer xl' 6" higher.
I have made myself knowledgeable and have an understanding and respect for the process. Since receiving
the letter from Mr. Olson I have stopped building until everything is in order that allows me to finish. At
this point it would be very costly and very hard for me to move the shed and also re..oo another concrete
slab and dispose of the old concrete and fill in the area.
I have always maintained my home and property to the best of my ability and the shed will be no exception.
Knowing sheds can sometimes be an eye sore, I'm siding the shed with the same siding as the house
including white aluminum trim. Also the door is the same color as the garage door. The shed will not clash
at all but will blend in perfectly with the house.
The shed is shielded by a large evergreen and a birch tree from the neighbors across the street in the front of
the shed. We have a full row of lilac bushes and an apple tree that fully shields the neighbors behind us.
The neighbor on the north side has a large field and then the side of Valley Presperterian Church and the
shed is partially shielded by an evergreen and a pear tree.
I have obtained signatures and comments from every neighbor including the Pastor and the Church's
Pastoral Board. The sheet submitted shows the 100010 support and that no neighbor has any problems with
the shed on the old existing site.
As a follow up, I can supply final photographs to show how it blends in and is not distracting to the
property or any of our neighbors. Please consider my variance and allow the shed to remain on the old site.
Sincerely,
h~~
Terry MacDonald
3065 Glenden Terrace
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WWW.ri.goUm_vll~ Y
12-3-01
HEARING NOTICE
Board of Zonina Appeals
3065 Glenden Terrace
Terry McDonald. Applicant
Terry McDonald, with property located at 3065 Glenden Terrace, has
petitioned the Golden Valley Board of Zoning Appeals for variances from
the Residential zoning district. The applicant is proposing to replace a
shed on the property. This shed requires variances from the accessory
building requirements. Also, as a result of this construction, it was
discovered that the existing home does 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 2.7 feet off the required 35 feet to a distance of 32.3 feet at its
closest point to the front property line along Glenden Terrace.
. Section 11.21, Subd. 12 (A) Accessory Buildings. City Code
states that any shed be located at least 35 feet from any lot
boundary which is also a street line, be located completely behind
the home, and be at least 10 feet from the home. The variance
request for the shed is for 7.2 off of the required 35 feet to a
distance of 27.8 feet to the property line along Triton Drive; to be
located to the side of the existing home; and to be 1.5 foot off of
the required 10 feet to a distance of 8.5 feet to the existing home.
This petition will be heard at a regular meeting to be held Tuesday,
December 11, 2001, beginning at 7:00 P.M. in the Council Conference
Room, 7800 Golden Valley Road, Golden Valley, Minnesota. If you
have any questions or comments about this variance request, you may
contact the Planning Department at 763/593-3992.
Adjacent properties require notification.