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09-26-00 BZA Agenda Board of Zoning Appeals Regular Meeting Tuesday, September 26, 2000 7pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes ~ August 22, 2000 II. The Petitions are: 1030 North Tyrol Trail (Map 9) (00-9-42) Doue: and Pat Spauldine: Request: Waiver from Section 11.21,Subd. 7(C) SideYard Setback. . .4 feet off the required 15 feet to a distance of 14.6 feet for the existing house at its closest point to the side setback line along the east side. Purpose: To allow for the existing home to be brought into conformance with the required Residential zoning district setback requirements. 5790 Westbrook Road (Map 11) (00-9-43) Julie Brown Request: Waiver from Section 11.65, Subd. 5(A) Standards . 10 feet off the required 50 feet to a distance of 40 feet for the existing house at its closest point to the Ordinary High Water Mark for Bassett Creek; and . 22 feet off the required 50 feet to a distance of 28 feet for the proposed deck at its closest point to the Ordinary High Water Mark for Bassett Creek. Purpose: To allow for the existing home to be brought into conformance with the required Bassett Creek building setback requirements and to allow for the construction of a deck on the side ofthe existing home. III. Other Business IV. Adjournment Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals August 22, 2000 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, August 22, 2000, in the Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. Those present were Members Donald Hughes, Herb Polachek, Mike Sell; Planning Commission Representative Robert Shaffer; and Staff Liaison Mary Dold. Staff Liaison Mary Dold called the meeting to order at 7:00 P.M. According to the Board of Zoning Appeals By-Laws (Article IV-Conduct of Business), when the present Chair and the past Chair are not present, the Staff Liaison shall call the meeting to order and call for a motion from the present Board Members to elect an Acting Chair. MOVED by Shaffer, seconded by Polachek and motion carried unanimously to elect Mike Sell as Acting Chair for the meeting of August 22, 2000. I. Approval of Minutes - July 25, 2000 MOVED by Polachek, seconded by Shaffer and motion carried unanimously to approve the July 25, 2000 minutes as submitted. II. The Petitions: 2650 Lee Avenue North (Map 4) (00-8-33) Carl Ebert Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback. . 16.10 feet off the required 35 feet to a distance of 18.9 feet for the existing house at its closest point to the front setback line along 2ih Avenue North Purpose: To allow for the construction of a conforming screen porch/deck onto the rear of the house. Acting Chair Sell read the requested waiver. Staff Liaison Dold told the Board one variance is required for the existing house because it infringes into the front setback along 27th Avenue by 18.9 feet. She added that after reviewing a current survey of the property, it was determined that the proposed screen porch/deck would be placed in a conforming location. The applicant was allowed to proceed with this construction after he had completed and submitted the BZA application and required materials. The applicant signed off on a "Hold Harmless" form and could then proceed with the building permit prOyess. Acting Chair Sell commented that this was a very straightforward request and called for a motion. . -. nn_n_ -- ---- --- - -- --.....'" . .t"t"-_.~ August 22, 2000 Page 2 MOVED by Shaffer, seconded by Hughes and motion carried unanimously to approve the requested variances as stated above. . 2615 Brookridge Avenue (Map11) (00-8-34) Jan Helen Kehlenbeck Sell read the requested variances and asked for clarification from Dold on the purpose of the request. Dold stated the agenda was in error, that the request was for a proposed addition/deck and not for a second garage stall. She also clarified the footage for the variance into the side yard setback was in error and gave the correct footage as is noted below. Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback. · 3 feet off the required 35 feet to a distance of32 feet for the existing house at its closest point to the front property line along 27th Avenue North; and · 2 feet off the required 35 feet to a distance of 33 feet for the existing house at its closest point to the front property line along Brookridge Avenue. Waiver form Section 11.21, Subd. 7(C)(1) Side Yard Setback. · 3.5 feet off the required 15 feet to a distance of 11.5 feet for the existing deck to the south side of the house. Purpose: To allow for the construction of an addition/deck in a conforming location to the west side of the existing house. . Staff Liaison Dold verified the requested variances. She added that the applicant's proposed addition/deck would be placed in a conforming location on the property; and therefore, staff allowed her to sign off on a "Hold Harmless" form. This allowed her to proceed with the building permit process. Dold added the applicant had not yet started her construction. The Board reviewed the survey and acknowledged that the proposal would be conforming. MOVED by Shaffer, seconded by Polachek and motion carried unanimously to approve the variances as stated above. 3317 Kyle Avenue North (Map 3) (00-8-35) Michael Watt Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback · 4.8 feet off the required 35 feet to a distance of30.2 feet for the existing house at its closest point to the front property line on Kyle A venue North. Purpose: To allow for the cOn"Struction of a conforming addition onto the rear (west side) of the house. e ......... .. ............;... Minutes of the Board of Zoning Appeals August 22, 2000 Page 3 Acting Chair Sell read the variance request. Dold told the Board that the proposal is to allow . for the construction of a conforming addition onto the northwest corner of the existing house. The variance is for the existing house, as it does not meet the front yard setback requirement. Dold also commented on a nonconforming shed located in the southwest corner of the property. In conversations with the applicant's contractor, James Stoker, staff was informed that the shed would either be moved to a conforming location or the homeowner would request a variance for it at the next meeting. Mr. Stoker, who was representing the homeowner at the meeting, told staff that they had not yet investigated on how difficult it would be to move the shed. Stoker had requested that the variance for the proposed addition go forward. Dold reviewed the proposal with Building Official Gary Johnson on allowing the variance so the contractor could construct the conforming addition, without acting on the shed. Johnson commented that the homeowner would not receive a final inspection until the shed was acted on. Staff allowed the homeowner to sign off on a "Hold Harmless" form in order to begin the building permit application process. James Stoker, contractor for the homeowner, told the Board that he was unable to locate all the corner irons to determine whether the shed was conforming or not. He stated that the shed would be moved to a conforming location on the property. The Board acknowledged that the proposal would be a conforming addition. They also agreed that as long as the homeowner was going to move the shed to a conforming location they did not have a problem with the approval of the variance. Dold suggested that they place a condition on the approval that the shed be moved before a final inspection is completed on the proposed addition. . MOVED by Shaffer, seconded by Hughes and motion carried unanimously to approve the requested variance stated above with the condition that the existing shed be moved to a conforming location on the property before a final inspection is done on the proposed addition. 5010 Dawnview Terrace (Map 4) (00-8-36) Cindy Aurness Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback · 10.1 feet off the required 35 feet to a distance of24.9 feet for a proposed screen porch/deck at its closest point to the front setback along Quail Avenue north. Waiver from Section 11.21, Subd. 12 Accessory Structures · To allow the existing shed to remain in its current location - zero (0) feet from the house instead of the required 10 feet. Purpose: To allow for the construction of a screen porch/deck onto the rear (northeast) corner of the house. Acting Chair Sell read the variance requests and asked Dold for a report. Dold stated that the applicant is requesting a variance that would allow a screen porch/deck onto the northeast e Minutes of the Board of Zoning Appeals August 22, 2000 Page 4 . corner of the house. This proposed screen porch/deck would infringe into the front setback along Quail Avenue North. The applicant told staff that the neighbor's garage is quite close to the property line. Dold commented the adjacent neighbor to the north had received a variance for atwo-stall garage that was located approximately 9 feet from the front setback. She explained in this case, the applicant was replacing a single stall garage and due to the topography of the property, this location seemed to be the most logical. Dold added that the applicant is also proposing another deck onto the west side of the house that would be in a conforming location. She added that the shed that abuts the house is nonconforming and would require a variance to allow next to the house. Cindy Aurness, owner of the property, explained that the screen porch/deck would actually be indented from the end of the house by one foot, thereby requiring a 9.1 foot variance. She added that there would be no steps from this proposed structure to the back yard as it will be used as an extension of the master bedroom. . Planning Commission Representative Shaffer asked about the shed located next to the house on the west side. She stated that she keeps her lawn mower and other small essentials in this shed. She requested the variance be granted. Shaffer asked how the deck on the west side of the house would fit around this shed. Richard Morast, friend of the applicant, explained that half the shed could be demolished and steps would then be constructed from the patio to the deck. Shaffer asked if the applicant had looked at other areas on her property to place this shed. Aurness responded that the shed is located in a convenience location and she also believes that due to the plantings in her yard and topography this present location of the shed was the most logical place. Shaffer commented that he did not see a hardship for allowing the shed to remain in its current location. He believed there was space on the property to place a conforming shed. Richard Morast said that the shed would be demolished. The Board agreed the proposed screen porch/deck would not infringe on the enjoyment of the neighborhood due to the fact that this structure would not be placed any further into the front setback than the existing house is already. MOVED by Shaffer, seconded by Polachek and motion carried unanimously to approve the requested variance for the screen porch/deck as follows: 9.1 feet off the required 35 feet to a distance of25.9 feet. Also, a condition was added that the existing shed must be moved to a conforming location or demolished before a final inspection is given on the proposed screen porch/deck. 4501 Chatelain Terrace (Map 8) (00-8-38) Paul Brinda Request: Waiver from Section 11.21, Subd. 12 Accessory Structures · To allow the shed to remain 2.5 feet from the existing structure Purpose: To allow the half-constructed shed to remain in a nonconforming location on the property situated 2.5 feet from the main structure instead of the required 10 feet. . Minutes of the Board of Zoning Appeals August 22, 2000 Page 5 e Acting Chair Sell read the variance and asked Dold for a report. Dold commented that the applicant had called the Inspections Department inquiring about a permit for a shed. The applicant told Dold that she was told that she did not need a permit because it would be under the required size. The applicant stated that she did receive the information on sheds. This information does state the shed must meet zoning code requirements. Dold told the Board that it was her understanding that a Building Inspector had driven by the applicant's house on his way to another inspection and noticed the partially completed shed was placed too close to the main structure. He informed the applicant of the situation. The Brinda's then proceeded to obtain a variance for this shed. Shaffer asked how difficult it would be to move the shed. Paul Brinda commented that there are footings, but they are only a couple of feet deep, and that the shed is bolted to these footings. He believed it would be very difficult to move the shed. Shaffer asked Brinda if he had looked at attaching the shed to the main structure. Shaffer added that this may require a firewall. Brinda said that he did not want to do this. Shaffer commented that he believes the shed may be in violation of the Building Code, not knowing if a firewall would be required. Shaffer told the Brinda's that the Board could not grant variances from the Building Code. . Dianne Brinda told the Board that when they bought the property a shed already was located next to the house in the same location. She said over the years it became more deteriorated and decided to rebuild it. She said that the shed's exterior would match the existing house. Mrs. Brinda said that she contacted the Inspections Department and was told that they did not need a permit for a new shed. She believed the new shed could be constructed in the same location. Dold told the Board that it was her understanding that the Brinda's had received the information on sheds, which indicates the land use issue. The Brinda's pointed out to the Board that their survey indicates the neighbor's shed located six feet from the house. Mrs. Brinda also indicated that another neighbor recently constructed a shed next to the house. She believes they are being singled-out when so many other nonconforming sheds exist. Dold responded that the City's inspector had driven by their house and found a shed being constructed that was in a non-conforming location. She added that he is bound by the City's code to address the situation. Dold told the Brinda's and the Board, staff addresses nonconforming sheds when it is brought to the City's attention by either a complaint or staff seeing a nonconforming structure being built. The Brinda's commented that they do not understand how the City can address their situation without looking at other existing nonconforming sheds in the City. Shaffer said he could not find a hardship in allowing the shed to remain in its current location. He said in visiting the property, there is available land to place the shed in a conforming area. Sell agreed with Shaffer's comment. He told the Brinda's that if the Board chooses to deny their request to allow the shed to remain in its current location, they can request that their variance request be placed on a City Council agenda for review. e MOVED by Shaffer, seconded by Sell and motion carried unanimously to deny the request to allow the partially completed shed to remain 2.5 feet from the main structure. Sell again told the Brinda's they can appeal the Board's decision to the City Council. Minutes of the Board of Zoning Appeals August 22, 2000 Page 6 . 4541 Westwood Lane (Map 9) (00-8-39) Gary Rowland and Jennifer Clarke Request: Waiver from Section 11.21, Subd. 7(C)(2) Side Yard Setback · 10.7 feet off the required 13.7 feet to a distance of3 feet for a proposed screen porch at its closest point to the side property line. Purpose: To allow for the construction of a screen porch attached to the existing garage and house located along the west side property line. Acting Chair Sell read the variance and asked Dold for her report. Dold told the Board that the applicants had originally requested a variance to allow the proposed screen porch structure to be 2.94 feet from the side property line. Dold said she had talked with Building Official Gary Johnson about any problems having a structure this close to the property line. Johnson said the Building Code requires that structures that have openings can be no closer than three feet from a property line, otherwise the proposed screen porch could not have doors or windows. Sell noted that he was on the Board when a previous owner requested a variance for an addition to the west side of the house. At that time the applicants wanted to be 2.5 feet from the property line and the Board granted a variance for five feet from the property line. . The Board discussed the topography of the property, which is very difficult. Jennifer Clarke explained the reason for the screen porch in that it would help with water runoff that now affects the garage and basement foundation. Sell said he could see a gap by the foundation and patio that the runoff had produced. Clarke added that due to the topography of the property, there is no other location for a screen porch. She added that the porch would have electricity, but would never be enclosed with glass or heated. Shaffer said he had some concern in that the neighbor to the west could some day construct a fence that would then be located approximately three feet from this addition. Clarke responded that there is fence constructed along this property line and referred to a submitted picture. Shaffer noted that a fence existed. MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the requested variance as stated above noting the difficult topography of the property and the water runoff problems. 1917 Xerxes Avenue North (Map 1) (00-8-40) Nick Vang Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setback . 3.1 feet offthe required 35 feet to a distance of31.9 feet for the existing house at its closest point to the front property line; and . e . . Minutes of the Board of Zoning Appeals August 22, 2000 Page 7 Waiver from Section 11.21, Subd. 7(B) Rear Yard Setback · 2 feet off the required 26 feet to a distance of24 feet for a proposed deck to be located onto the rear of the house; and Waiver from section 11.21, Subd. 7(C)(2) Side Yard Setback · .34 feet off the required 11.24 feet to a distance eof 10.9 feet for the existing house at its closest point to the north property line; and · .37 feet off the required 11.24 feet to a distance of 10.87 feet for the proposed addition at its closest point to the south property line. Purpose: To allow for the construction of a deck onto the rear of the house. Acting Chair Sell read the requested variances and asked Dold for a report. Dold told the Board that Mr. Yang had appeared before this Board in September of 1999 with the same request. At that time a shed was located on the property that infringed slightly into the neighbor's property. The Board, at that time, believed that they could not give a variance for something that was not completely on the applicant's property and requested him to move the shed to a conforming location. The Board did not act on any of the variances at that time. Dold said Yang has now demolished the original shed. Yang talked with the Building Official regarding the placement of a new shed. He was told what the setbacks were and where he could place a new shed. Yang told Dold that he used the corner iron posts to determine where the setback would be for this accessory structure. Shaffer asked about the proposed deck and its configuration. Yang said he has kept the deck away from the house to eliminate snow and ice build-up. Shaffer noted the requested variance for the deck of.37 feet into side setback along the south property line and did not believe there was a hardship for this variance. The Board agreed. Shaffer suggested that the applicant's deck maintain the same distance as the house is to the side setback. Yang agreed. MOVED by Shaffer, seconded by Sell and motion carried unanimously to approve the variances as stated above with the exception that the variance for the deck along the south property line be eliminated. The applicant should maintain the required side setback for the deck on this south side. 710 Mendelssohn Avenue North (Map 21) (00-8-41) The Adkins Association inc., for Qwest (U.S. West) Request: Waiver from Section 11.36, Subd. 7(A)(B) Loading and Parking Requirements · 3 loading berths off the required 3 loading berths to allow for zero (0) loading berths; and . . e ~O'">....._ Minutes of the Board of Zoning Appeals August 22, 2000 Page 8 Waiver from Section 11.36, Subd. 6(C)(4) Yard Requirements · 10 feet off the required 10 feet to zero (0) feet for the lack of greenspace along the rear property line. Waiver from Section 11.70, Subd. 7(C) Design Standards · To allow the applicant to forego concrete curb and gutter on a portion of the property until a time when the parking area is redone or resurfaced, which ever comes first. Purpose: To allow for the construction of an addition onto the east side of the existing structure. Acting Chair Sell read the variance requests and asked Dold for her report. Dold told the Board that the existing building is now undergoing some renovation work. She indicated that there was a garbage dumpster and bricks in the rear parking lot that would be taken away shortly. She also indicated that there was a truck along the north side of the building in the setback, which the applicant had indicated would also be leaving the property shortly. Dold told the Board that because the applicant was disturbing less than Y:z acre, water quality (in the form of ponding) would not be required. She did go on record as stating that ifthe applicant should decide to add onto this building in the future, that the proposal now and in the future would be considered together and if more than Y:z acre were disturbed, water quality would need to be addressed. Dold said that parking requirements are not an issue in that this building is categorized as an essential service (Class Ill) which does not require a parking allotment. She said the building has 500 sq.ft. of office space. Two parking spaces are required. Dold said that taking into consideration that almost the entire building holds telephone switching equipment, it is unlikely that a different use would ever occupy the building. The applicant is aware that by expanding the building and eliminating possible parking, the future sale of this building could be in jeopardy. Burnell Olson, VP and Mike Ostley, an architect for the Adkins Association inc., reviewed the proposal noting the proposed project would be a 19,948 sq.ft. addition. Olson added that there is one loading area that trucks use. Olson and Ostley agreed with Dold's statement above that the building more than likely would always be a switching station because of the enormous cost that would be incurred to try to move the equipment. Shaffer noted Qwest trucks are now parked in the rear lot. He asked if the trucks would continue to use this parking lot. Olson said that Qwest will have their fleet oftrucks located at facilities outside of Golden Valley. On occasion delivery trucks would be coming to the site and only two employees will be located at the Golden Valley site. Shaffer asked if there was a permanent dumpster area within the building. Ostley said no. Shaffer noted that the code requires an enclosed dumpster area. Ostley and Olson said the applicant would comply with this requirement. Hughes noted that the landscaping to the rear of the building is limited and looks unkempt. i He suggested additional landscaping along the sides and/or maintenance be done. Olson Minutes of the Board of Zoning Appeals August 22,2000 Page 9 . . commented there was not a lot of greenspace to work with behind the building but would update the landscaping as much as possible. . MOVED by Shaffer, seconded by Hughes and motion carried unanimously to approve the requested variances as stated above with the conditions that 1) the code requirement for a trash enclosure be addressed and 2) the applicant provide as much additional landscaping as possible and perform maintenance on the existing landscaping. It was also suggested that the Qwest trucks be off the property within three months. III. Other Business A. Consideration of a Special Meeting Dold told the Board that she had received a phone call from a couple living in Golden Valley who had just lost much of their home to a fire. They had a single stall garage and wanted to expand to a two-stall garage. The proposed second stall would infringe into the rear setback. They told City staff their contractor was ready to start construction and by adding another garage stall, this would change the construction process. They requested a special meeting before the Board so the contractor could begin work on rebuilding their house. The residents, after getting an estimate for the work, decided that they could not proceed at this time with the second stall. They called Dold and told her they would not be requesting a special meeting at this time. They had said, if they need a variance in the future, they would go through the normal process. IV. Adjournment . The meeting was adjourned at 8:40 P.M. Acting Chair Mike Sell Staff Liaison Mary Dold e :1' 1930 North Tyrol Trail 00-9-42 Doug aDd Pat Spaulding . . . Memorandum Planning 763-593-8095/763-593-8109 (fax) alley To: Golden Valley Board of Zoning Appeals From: Dan Olson, City Planner Subject: 1030 North Tyrol Trail (Map 9) (00-9-42) Doug and Pat Spaulding, Applicants Date: September 20, 2000 Doug and Pat Spaulding, with property located at 1030 North Tyrol Trail, are requesting one variance from the Residential zoning code (Section 11.21). The applicants had approached the City to construct a room addition to their existing home. This addition will conform to all setback requirements for the Residential zoning district. However, during the construction planning process, a survey was submitted for the property and it was discovered that the existing home does not meet the east side yard setback of 15 feet. City Staff has allowed the applicants to sign off on a "Hold Harmless" form in order to receive a building permit for the room addition. This was done only after the applicant had submitted the required survey and application materials. The Hold Harmless form is attached. The Spauldings will soon begin construction of the room addition. The requested variance is from Section 11.21, Subd. 7(C) (1) Side Yard Setbacks. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case oflots having a width of 100 feet or greater, the side setback shall be 15 feet. The requested variance is for.4 feet off the required 15 feet to a distance of 14.6 feet for the existing house at its closest point to the side (east) property line. The City's file on this property reveals that a permit was pulled in July of 1939 for the construction of the house. No other pertinent information was found in the file. No other variance requests have been approved for this property. 6(11) -'600 [lJ (11.!30 N. 7Y 2.OL r.:eAIL Street Address "HOLD HARMLESS' I, Cbe6tASA. sPHt<P/MC.- . am requesting the City of Golden Valley to allow me to proceed with a(n) A-l>tll nolV onto my house. I understand that my existing s1ructure is nonconforming and that I will proceed to the next Board of Zoning Appeals meeting to request a variance(s) for this nonconformity. Ai this time 1 submit this uHold Harmless" letter which would allow me to proceed with my construction plans. I understand that if the variance is not grt3nted I will discontinue what I am doing and put the land back to its original state with no fault to the City of Golden Valley. ..Dx;6-(A:;> A-. ...sPAt/c tJ/;....C Prin1 Name nT~ Signall.re.. ....... .. j #r?G Date . /J,~OWr- City of Golden Valley Staff Signature C ,-j...) Pit.{ 0'\ n (( /!' f v-,J-{' i i C\ : s-c ""-- / ~NI aS~OH~VS G99ZCCSC9L IVd -Z1:16 afiL oOOZiSO/60 ( . . . ,,' (Revised 1/99) . . . Date Received C/ t:j-OO I Amount Received If. 5D ($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: \030 Dare,,, T'I ro l T I!O-.~ ( 2. BZA Petition Date ':3ep-t:el.f"),,\ be.-- ? Go ') 2- cJCj? . .. , . D. .' ~-e.,_H"e.-;:..eV',f;;.c:.....6\ v-e. o~ . Petitioner: -l("et::JI\ \"0U""QIl'"\ I _. ~w\r"C('~ C:>e"'S..,c.,,~,",,~!r~\~. ~'l..H ~ ~ Name " () rJ f .- . L.\,11 C ,7-,\2\,",\c\ ~\Je.. K:J.' - r:::-otoIO~Ce. I;V\O 5s ~22 Address City/State/Zip ~~2:63'3.c~~2.' '5"~C--{cCec, .- Business Phone Home Phone 3. 4. If petitioner is not owner of all property involved in this petition, please name property owner and dASc.rr"Jcbe petitioner's. int.erest (legal and other) in this property: C12- ~ -n- <::;'12- H,:"..." ~~"t- \JO<..-E::.. 0~UCc\ I\~. u- \ '2.. -S"J-i"'i ~ \ ~~ Dowe l...P~'J"~ f D 30 }....)or/"' (;},.., I '! V'o C. T\{'o..', ( I G c> Ccl ~ I'""' V6.. (( e '- ( 0a..~ l.--CN'~ I ~ ''01...)', GS 'iJ':"~ 0 '\ ce.,,....,,, c>- 0\::..\ ~ f:... .;\-"S;c, (""' t:-:::o u':J ~ ~~~ ~"'-.l Cc\ \ ~~~ Legal Description of property involved in this petition (found on survey): ,/' (""2 I \ 1/ /' - ,... . / ( \\, ho~ 2. ) lo'-..oG.z. 1\) lL)e.""Lf:":, I ,,("'0 l l...i. I (\....~ ~ \\ . /"...,~- JA' - e. V\ ~'"'\ e. P \ t.) \........oodC),.0f-.:,' i/' ' ... '.'\6':~ C\:-~, .-:-'. 5. 6. Type of property involved in this petition: Residential: ../' Single Family _ Double Dwelling _ Multiple Dwelling Industrial Commercial Institutional Bus. & Prof. Office Other . ITEM #9 The seven and one quarter inch encroachment into the side yard set back by the garage is an existing condition. not caused by the Homeowners, which prevents the Homeowners from improving their property. The proposed addition to the existing home does meet all current setback and hard cover requirements. . . .' 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. ~ ' I. "" './' . ",,",,' ~ec.~V"Itt'lCIf") C'" e~\~~>\f"V?\. \"'\0\(-\- Cc.J~\ -TCJ(""t;'''y, \ \/'"'\'~) o..rrQC r" €c \ a o.\C~'O..-<:~^ li'l ~ (CJ~~\l" t~o..", /6 I 're~UI.1/'"' . .~\de '/o..\f'd "S'C-€; b.c.,.k') (Staff will complete this item) ....~ . 8. Waiver of Section Subd(s), _ Subd(s). Subd(s). Waiver of Section Waiver of Section 9. Please attach a brief statement of the re~sons. necessity, or hardship whieh provide arounds fo~ the grantina of this waiver. Attach letter, photographs, or other evidence, if a~~e~T. ~ . ~ t ~ ('1r-€-o..{ ~ A current or usable surve of the Drope . b~ attClched. ProDosed syrveys are not acceptable. The survey-must be prepared by a regis. 4- tered land surveyor licensed in the State of Minnesota. Th~ ;urveymu~ show all oroperty lines. buildin9s. and streets. Th~ distance from the h~use and all othef buildings to the front and side property lines sh~1I besl19wn. The rear distance of any buildings from the p~QpertY line will be needed, if in question. Also. the survey should show an approximate location of any buildings on adjacent properties relative to the sid~{s) where the ~onstructi~n will take Dlace. If the survey i~ larger than 11" x 17". the a~plicant will supply seven additional eooies of the survey for use by the Board. 10. . 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. ~~....l . , :;;~?'.. . .........,....... ::,." - . I' ~ .' --:.. ~ Sig na - of Applicant 'S",- .L ~ "I""" I;) Qf"'d~"''''''' · 'v_ UNLESS CONSTRUCTION OR THE ACTION APPLICABLE TO THIS WAIVER REQUEST, IF GRANTED, IS NOT TAKEN WITHIN ONE YEAR, THE WAIVER EXPIRES. . Hl.lr.;-24-2000 13: 21 CITY OF CiOLDEN VRl..LE~' S9381I21St P.rz7/eJ8 . The applicant will need to obtain the 'tgnatures of all adjacent property ownel'$. This inc'udes all properties abutting the applicanfs property and directly across the street. If on a corner, this means across both streets. HQIE TO ADJACENT PROPERTY OW~e~: This petition is applicatiQn for weiver of Ordinance(s) of the City Zoning Code. Please be aware of any posslb\e eff.ect the granting of this waiver coutd have on your property. All property owners adjacent to the subject property will receive a notice of the Board of Zoning Appeals hearing, at which they may present their views. Your signature is required only to vertry that you have been told about the request and giv" the adjacent property owner opportunity to comment (Comments can contain language of agreeing with the project. objecting to the project or other statements regarding the project) 1:::7~::~~~~f(7~.[)ro~5~ qdd/fJn'7 _ - ISignature ~~_ Address !03ITr:,/T;-~;/ ... . Print Name /h I K€ . '1x:X::',G'1'2-, Comment NO is-rue w 'R2-60f75:4;> Aoo t1fiSV"v Signature t?J;d;, fb~ Address I /:2:2. ~l2oL- J?L. tJ ,6v,/hlV Print Name I-I/f,e~ Hrt(JC!-k ~ Comment ..lfh / .:5E.'//E tU/7H /J1?.f2P'{SaJ rfr2/J(770AJ Signalu~~rr;~Addr_~12a 7.VRPL- z&1LL- Print Name fJj));tJ LV FAI-J J?c:-;1} pOE. IF;::: , Comment ~ 0 1>'-5-0 ~ tv / y- AI Pz.oFOSet7 A!?17/n CJAJ Signature;ge!t1LtIl -- AddreS$ 4tJZ2 r;~YZft'r/l [JU/Y . 600 !tOOll] ~NI 3S80BiVS 999ZtCSt9L rvd 90:t6 IDll 0006/S0/60 . . . A1.r.1-24-200E:l 1:3; :21 CITY CF GCLDEN V1=l.LEY \ Print Name ~IV t=//VG~;eht./r I Comment Sisnature I Print Name I Comment Signature Print Name Comment Signature Print Name Comment: Signature Print Name Comment I Signature 60(1 :1'00 ~ S~3810'3 f'" 0131'08 ('AJC)(f'e h0u, ) Address 107 f"') AI,,;R(]';..( -PY Pn'- "7 dCt4/G Address Address Address Address TOT1=tL .p" 08 ::>NI SSlIOHi"o,g 999Z~~SUL IV.:! 60: n 311.L OOOZlSO/60 000885 30/29/24 SPAULDING, DOUGLAS ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (612) 474 7964 Fax (612) 4748267 SURVEYFOR: DOUGLAS SPAULDING SURVEYED: July, 2000. DRAFTED: July 27,2000. LEGAL DESCRIPTION: Lot 2, Block 11, "WEST TYROL HILLS", 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 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 old monuments to mark the comers of the property. 4. While we show improvements to your property, we are not as famiHar with your plans as you are nor are we as famiHar with the requirements of government 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. STANDARD SYMBOLS & CONVENTIONS: "e" Denotes 1/2" In pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. CERTIFICATION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am a Professional Engineer and a Professional Surveyor under the Laws of the State of Minnesota. H. Parker P.E. & P.S. No. 9235, President . It Ii .... ~ . -- . 20 GRAPHIC SCALE o 10 20 - -- -- ~I = 1 -co 0_ ~ai i.q- .q-- 01 (1)1 I I \ 40 .lV08.T.Q TY80L N 8112'11" W --100.J8__ --- I I , , , , I I , , , I o r-: ..,. , , I , I , , , I , n V -16.4-- -17.8 -- TRA./L I I I I , I F"OUNO 1/2" IRON -- -- \ I I - ~ , I I , , , , -14.6 - -14.4- ILLJ 1': o.q- o!'l oll) .q-i -.q- 10 Iz ------ 38.7 :l: ---___ ^ i \ S \ 'v' I I I I I I I I , if (Q ...; It') I I I I I I I I I I It') ari .......- --100.01 I S 86'26'55" E I L FOUND 1/2" IRON 0.63 N. AND 0.34 E. OF CALCULATED POSITION 6.4 5.B [JI ...... , ari _ I FOUND -- 1/2" IRON JOB NO. 000885 . s. P.9w/c,yn 1;)0 II ;;: 1\ " 14 .. ~ . . . 100 ~. 4/02 4032 40/2 Subject Property: 1030 North Tyrol Trail Doug & Pat Spaulding, Applicant . ~. ~, ?-.. ~~ / -.............--. ,,0 ALVER R. FREEMAN COUNTY SURVEYOR HENNEPIN COUNTY, M!NN. +.0 9/:_ -;;::r C,.j . r..... t...I._ .~ 'T.. ~.. (\.1 :r- tIC ~ i:j ~ .... ! ,.. ,.-. v.: .~ ': ;.....! , .. . : ..... [j_! , 0.", \ . . ,-,,, en ..J o Cl. CI ILl Z Z 2: ... o >- ~ u l' N I } . ley 9-13-00 HEARING NOTICE Board of Zoning Appeals 1030 North Tyrol Trail (Map9) (00-9-42) Doua and Pat Spaulding Doug and Pat Spaulding, with property located at 1030 North Tyrol Trail, have petitioned the Golden Valley Board of Zoning Appeals for one variance from the Residential zoning district. The applicants are proposing to construct a conforming addition onto the rear of the house. The existing house infringes into the side setback by .4 feet requiring a variance from the following section of City Code. · Section 11.21, Subd. 7(C)(1) Side Yard Setback. City Code states that the distance between any part of a dwelling or structure and the side lot lines shall be governed by the following requirements: In the case of lots having a width of 100 feet or greater, the side setback shall be 15 feet. The requested variance is for .4 feet off the required 15 feet to a distance of 14.6 feet for the existing house at its closest point to the side (east) property line. This petition will be heard at a regular meeting to be held Tuesday, September 26,2000, beginning at 7:00 P.M. in the Council Conference Room (upper level, across from the Council Chambers), 7800 Golden Valley Road, Golden Valley, Minnesota. Adjacent properties require notification. 5790 Westbrook Road 00-9-43 Julie Brown See Large Size Plans and/or Survey in Planning Department N VA LLEY SEO 1:\ . .... . --------- +- z STM-E ---H-I-GHM' ...... "!~~ 'f" zz - . ...-. . :.-....,1. .S'.' 3."'.0 IV .::.::.:.. ~ 22~ or.... 20~ Sit> ~- !--- ~ 01/ 001 -I oUI inu ---. 0 ... 00 . . ~ - It) .. ;1 I"l == . UI .,:. 8 ~ \t C\I 0 2 "" .. 'Zs'~gl <> :! 0 I"l ... . ..., "CI = Xo-- e ~ .., ~ 0 I C) e -.r- ~ e .... "! .c .... ~ ~ ~ <= .... , c:l'\ = t-- = ::) , t/') u .... .... - ..Cl. , €Cl. ~< Cl. .. e = ""' ~ ~e r-- .... co .... ""' r- ~= 2420 . ..... ~ .c:= "'t' := := OO~ '::.0:. ...... 2405..... ....... . '": ..; It) N'l =! :!: S'Ht ft "51 !!! ~ 0 ~ .., .. N .N ... . . . .2400 OSI 2440 2420 -- iC.DN aCI . . -TI-;lf/ .ettl IJJ ~ . . . . Hey Memorandum Planning 763-593-8095 I 763-593-8109 (fax) To: Golden Valley Board of Zoning Appeals Dan Olson, City Planner From: Subject: 5790 Westbrook Road (Map 11) (00-9-43) Julie Brown, Applicant Date: September 20, 2000 Julie Brown, with property located at 5790 Westbrook Road, is requesting variances from Section 11.65 (Shoreland Management) of the City Code. The applicant is proposing to construct a deck onto the rear of her house facing Bassett Creek. At the present time a deck is located at ground level that does not conform with setback requirements from Bassett Creek. This deck is to be removed and replaced with a deck that is to be raised up off the ground on wooden posts (see attached site plans). The existing home also does not meet the setback requirements from Bassett Creek and would require a variance as well. The subject property abuts Bassett Creek; therefore, all structures must meet the zoning requirement as found in Section 11.65, Subd. 5(A) of City Code. Staff sent a copy of the survey to Tom Hovey, Area Hydrologist for the DNR, for comment. Mr. Hovey responded with a telephone call to staff stating that in reviewing the proposal he did not have any issues with the granting of the variance, but that he would like to see more vegetation along the creek in the form of either additional shrubbery or un- mowed grasses. This would make the area near the creek more aesthetically pleasing. The file reveals that a permit for the construction of the house was pulled in June of 1962. No other pertinent information was found in the file and no other requested variances were noted. As noted above two variances are required from City Code. They are as follows: · Section 11.65, Subd. 5(A) Zoning Provisions (Standards). City Code states that Bassett Creek is considered a General Development Water. Structure setbacks from the Ordinary High Water mark is 50 feet. The requested variance for the existing home is for 10 feet off the required 50 feet to a distance of 40 feet from the existing house at its closest point to the Ordinary High Water Mark. The requested variance for the proposed deck is for 22 feet off the required 50 feet to a distance of28 feet from the existing house at its closest point to the Ordinary High Water Mark. . . (Revised 1/99) Petition Number O!)=~- tf:..2.- Date Received q ,5-o() II.OD 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: 61<'10 We.~\"CO'L \2.b G c L.t::.e:. V\l V AU-e.. '( Yv\ ~\J ~S' '..n.. '- 2. BZA Petition Date '\- '2..\$ -c 0 3. Petitioner: ~ UL\E... \5 'r2.o u.l"", Name 5."1'\0 vJE..':.T-v.:.~CO\C YLt:> Address 5'01- 45"\ -'i''?\DO Business Phone <:'OLbE.N ""'\J....E...'i ~N SS"l,-,- City/State/Zip un..-'5~'S-,I~U 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): L~T \ ~ ~LOc.."- '-\ ) \1JE..S"T.~l1-CC~ ~b~\,\O\"J \ t\E..'N'Ne.'1>\~ <:...o~~\ tv\. \ N.'.> E.. \0,1\ 6. Type of property involved in this petition: Residential: 'J< Single Family _ Double Dwelling _ Multiple Dwelling Industrial - Commercial' Institutional Bus. & Prof. Office . Other . . II; :~. 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. (SE-€.. n..''\H~.l:..''~~ ~\..A."-J ') Qe:\'LAc:.E. t'tl\<<:,,,-r-J<:' ~€.<:\L W\,'f'\ ~E"-.,J ~'C:c.\L C~r C~ \<>\- f=\_tc~_ Q.'C..i'"\N\'"::.\-\\'N<; ~~\€.\""'\.~'N\ ~'I\J~ A,\:)\':) 'NA'T-..\.\O-A\.. ~\C"'-'E VA\'\O . 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 $ ~O. 00 representing the Board of Zoning Appeals Application Fee. UNLESS CONSTRUCTION OR THE ACTION APPLICABLE TO THIS WAIVER REQUEST, IF . GRANTED, IS NOT TAKEN WITHIN ONE YEAR, THE WAIVER EXPIRES. . The applicant will need to obtain the signatures of all adjacent property owners. This includes all properties abutting the applicant's property and directly across the street. If on a corner, this means across both streets. NOTE TO ADJACENT PROPERTY OWNERS: This petition is application for waiver of Ordinance(s) of the City Zoning Code. Please be aware of any possible effect the granting of this waiver could have on your property. All property owners adjacent to the subject property will receive a notice of the Board of Zoning Appeals hearing, at which they may present their views. Your signature is required only to verify that you have been told about the request and gives the adjacent property owner opportunity to comment. (Comments can contain language of agreeing with the project, objecting to the project or other statements regarding the project.) Print Name ; </ t'//li~ /}hc&?'p-l-... ... Comment ,17 (,7~' <: (0 (,-K- ?~ fI Si9natu~e(R ~~__ Address ~7k ~ t;/?jl/~~ ~ J .- - (IIA t u) Print Name !.-)A(J l D R-I\"S. lekS> lW-d R-"j"I ,...,-cSoc;../ Comment I-'i> fJacJ/~c-~ Signature ~- ';:~/i~dress $"""77d c.v<t ~T4><Zoc-"C , Print Name IJeCi1 ;f17 wi~ Comment .1?A~ U{l?,}?Jb~ Si9nat~ . Address Ac? '-7) 13 YO" k Y H'Qe fjt.v Nt> ~ 0ot~\ Vtt/'fr f1# ~~ r~;} Print Name /Jo (\~\... Comment tJo p-tob{QA- . Signature --Y\It.~~ fvL AddressSq-=r~ b-.k~~o(L (4~. bo~ U{l~ I ,,}lvJ ~2L . . . September 1, 2000 Board of Zoning Appeals: This letter is in reference to the variance request for 5790 Westbrook Road. I purchased this property from the original owners several years ago. I would like to refinish the basement of this house and improve the landscaping. Since the original attached deck is situated off of the basement, I need to either repair the existing deck or build a new one. Because it is difficult to access the current deck, I would like to build a new deck off of the first floor. The existing basement deck would be replaced by a slightly smaller deck on the first level and a stone patio at ground level. Because of the proximity of the creek, this would require a variance. . I believe this is in the best interest of my community because the restoration will improve the property value and appearance of the area. The project requires a substantial financial investment. I understand that I probably will not recover the cost of this restoration so my internal justification has been based on improving the usability of the outdoor space. I have worked with the Lake Country Builders to insure that the plan is functional and ascetically pleasing without having a negative impact on Bassett Creek. The new deck would actually he slightly farther from the creek than the original deck built in 1962. I hope you will consider this variance request and allow me to make this investment in my neighborhood. Sincerely, ~~)~ Julie Brown RPh . ........-......-- ----.. ..----0--... - -, --",,- Hennepin County, Minnesota. ndary lines of the above legal not include determining what you ~ the legal description with your records :necessary, to make sure that it is correct, ents, that you wish shown on the survey, nents we deemed important. lonuments to mark the comers of the s: aring State License Number 9235, set, by me or under my direct supervision and $siona! Surveyor under the Laws of tbe .ent / ~. I. ~. / ~ 25 [~ ~~ I ~.~ / / ~ fO~ ~ ~....: . fOCt) ~ ~ to-. I ~"" "I ~ ~ ''L~. 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I ! i ., J'I ... , , 1~.~ .~ i-~"--~ ---I '--- --. . ,. . >> ;iH L, ---,~ I ., 0.' ')ofnr T~ -) u :.~ ';; :1. 1'> "'l r ~....; J;; (J C) I,~ ~ L ,., - . ----..---- ,.. ,'~.~-,_.",.. ..,. alii? 'io,3~' ?lJE_r<{ ~.J'1";;,i . ley 9-13-00 HEARING NOTICE Board of Zoning Appeals 5790 Westbrook Road (Map 11) (00-9-43) Julie Brown Julie Brown, with property located at 5790 Westbrook Road, has petitioned the Golden Valley Board of Zoning Appeals for two variances from the Residential zoning district. The applicant is proposing to construct a deck addition onto the rear of the house. Also, the existing home does not meet the setback requirement from Bassett Creek. The existing home and the proposed deck infringes into the 50 foot structure setback from Bassett Creek requiring a variance from the following section of City Code. · Section 11.65, Subd. 5(A) Standards. City Code states that the distance between any part of a dwelling or structure and the Ordinary High Water Mark for Bassett Creek shall be governed by the following requirements: All structures shall be setback 50 feet from the Ordinary High Water Mark. The requested variance for the existing home is for 10 feet off the required 50 feet to a distance of 40 feet from the existing house at its closest point to the rear (east) property line. The requested variance for the proposed deck is for 22 .feet off the required 50 feet to a distance of 28 feet from the existing house at its closest point to the rear (east) property line. This petition will be heard at a regular meeting to be held Tuesday, September 26,2000, beginning at 7:00 P.M. in the Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. Adjacent properties require notification.