12-19-00 BZA Agenda
Board of Zoning Appeals
Regular Meeting
Tuesday, December 19,2000
7pm
200 Brookview Parkway
Brookview Grill
I. Approval of Minutes - November 28, 2000
II. The Petitions are:
801 Parkview Terrace (Map 9) (00-12-50)
Gary Brvant- Wolf
Request:
Waiver from Section 11.21, Subd. 7 (A) Front Yard Setback
. 12 feet off the required 35 feet to a distance of 23 feet for the proposed porch addition at
its closest point to the front yard property line.
Purpose:
To allow for the construction of a porch addition on the front of the existing home.
III. Other Business
IV. Adjournment
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
e
November 28, 20.0.0.
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, November
28, 2o.OQ.,.in the Council Chambers, 780.0. Golden Valley Road, Golden Valley, Minnesota
Those present were: Sell, Swedberg, Lang, McCracken-Hunt and Planning Commission
Representative Robert Shaffer. Also present were Mark Grimes, Director of Planning and
Development and Recording Secretary Lisa Wittman. .
Request:
e 3, 4th paragraph,
the hot tub on the
I. Approval of Minutes - September 26, 20.0.0. and October 24,
The minutes of the October 24, 200.0. meeting were corrected
Lang (rather than Shaffer) asked the question regarding Mr
west side of the property instead of on the east side.
MOVED by Sell, seconded by Shaffer and motion ca .
26, 2000 and October 24, 2000 minutes as correc
ously to approve the September
II.
The Petitions are:
e
433 Ensign Avenue North
Arlen Turn uist
1 ~21, Subd. 12 (A) Accessory Buildings.
quired 5 feet to a distance of 4 feet for the proposed shed
losest point to the rear yard property line.
t e required 5 feet to a distance of 4 feet for the existing garage
est point to the side yard property line.
w for the construction of a shed addition on the rear of the existing
rage and to bring the existing garage into conformance with Residential
oning Code requirements.
e
Grimes stated there was not much to add to this petition. The request is to allow for the
addition to be placed on the rear of the existing garage which sits at the southwest side of
the property to remain at the same location which is 4' from the side property line and to
allow the addition to be within 4' of the rear property line. The ~et back is the same for rear
and side for accessory buildings. The staff has determined that there are no utility .
easements along the side or rear property lines, so the proposed addition is notinfringing,:
on-any utility easements. Lang asked if the south property line was considered the rear.
Grimes stated that the narrower of the sides is considered the front so the south property
line is considered the rear lot line. Lang asked if there was any discussion with Mi.
Turnq.uist regarding the reduction of the shed addition to be 9 feet wide rather than 1 a feet
so that the side yard set back would not need a variance. Grimes said itwas suggested but
it would have to have a jog in it on the south side. Lang asked if Mr. Turnquistwould like to
Minutes of the Board of Zoning Appeals
November 28, 2000
Page 2
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add anything. He stated that he would like to have a service door going into the garage.
Swedberg asked why Mr. Turnquist wanted it to be1 0 feet wide. Mr. Turnquist stated he
wanted as much storage space as possible. Swedberg asked if he is willing to tear down
his existing shed now west of his garage. Mr. Turnquist replied that he does intend to
remove the shed. Lang asked Turnquist if there were any problems with it being a 9 foot
addition versus 10 feet so they wouldn't have to be considering the side yard set back.
Turnquist stated he wanted the room. Shaffer stated he would this if it was the 9
feet addition following the existing building line,so the board w nting the variance
of one foot off the rear yard property line for the existing ga e ion, but no
variance along the side yard for the addition. Swedberg t it to a variance to
one side, acknowledging the existing structure and ex for the addition
Request:
the existing garage to the
ard for the new shed addition to
dberg, and the motion was carried
xception.
MOVED by Shaffer to waive the 1 foot off the re
rear yard to a distance of 4 feet, same thing off
the garage to allow 9 feet addition. Second
unanimously to approve the variance with t
2936 Quail Avenue North (Map 4)
Jack Williams
.21, ubd. 12 (A) Accessory Buildings.
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. The re
4.5 fee
lin
ce is for .5 feet off the required 5 feet to a distance of
oposed garage at its closest point to the rear yard property
es ed variance is for .6 feet off the required 5 feet to a distance of
for a proposed garage at its closest point to the side yard property
w for the construction of a garage which replaces a non-conforming
rage.
Grimes stated that Mr. Williams is asking for a variance that would allow him to rebuild a
larger garage using the foundation of the existing garage. He plans to tear down the
existing garage which he discovered doesn't meet the set back requirements. Grimes also
stated that when he looked at the survey, he found that the shed is over the property line.
Mr. Williams has agreed to move the shed so it would meet the set back requirements of 5
feet for accessory buildings. Lang stated he wanted to mention something about the non-
conforming shed being removed as a condition of this variance. Grimes stated that Mr.
Williams has agreed to move the shed before a certificate of occupancy is approved for the
new garage. Swedberg asked Mr. Williams if he intends to use the existing slab and what e
the size of the new structure will be. Mr. Williams stated he does want to use the existing
slab and the size of the new structure will be 28 feet deep and 26 feet wide. McCraken
stated that it's bigger than the existing slab. Grimes stated that the garage will be extended
in width from 20 feet to 26 feet and the depth will go from 20 feet to 28 feet which is in the
Minutes of the Board of Zoning Appeals
November 28, 2000
Page 3
.
allowed 1,000 square foot code. Mr. Williams stated that the slab is in good condition and
didn't want to disrupt the neighbors property to tear out the existing slab and put in a new
one. He wants to extend the garage 6 feet to the north and 8 feet towards the house.
MOVED by Swedberg to allowthe variance as stated in the agenda, seconded by Sell.
McCracken added thatthe shed was to be moved to be within 5 feet of the property line.
The motion was carried unanimously to approve the variance.
Purpose:
· i' To reduce the parking r
required parking space
ts for this office/warehouse from 220
rking spaces.
8325 - 8459 Tenth Avenue North (Map 21) (00-10-49)
. Steiner Development
Request: Waiver from Section 11.35,' Subd. 6 (A
Requirements
Purpose: To allow for the office/w
Light Industrial parkin
to be brought into conformance with
s.
_
Request:
.35, Subd. 7 (A) Yard Setbacks
variance is for 13.8 feet off the required 35 feet to a
2 feet at its closest point to the east side yard property line.
t e existing office/warehouse building to be brought into
with Light Industrial zoning district building setback
nts.
aiver from Section 11.35, Subd. 7 (C) (4) Yard Setbacks
. The requested variance is for 4 feet off the required 1 o feet with the result
that 6 feet of the setback area is landscaped buffer zone.
Purpose: To allow for the existing officelwarehouse building to be brought into
conformance with Light Industrial zoning district Qreen space requirements.
Grimes stated that this is a request by Steiner Development to issue variances to address the
existing non-conformances that are currently on the property. They are going through a .
_refinancing and it requires them to look at the structure and how it lays on the lot. Stein~r would
like to have the non-conformances addressed rather than going on with existing non-conforming
status. The property could go ahead and remain non-conforming, but Steiner Development wants
to make them legally non-conforming. The most obvious being the set back issues along
Wisconsin Avenue. This building was built prior to Wisconsin Avenue being constructed. At the
Minutes of the board of Zoning Appeals
November 28,2000
Page 4
I
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time the building was built it met the set back requirement for the east side The west property line
doesn't meet the 10 foot set back requirements. They are short on parking. Currently, they have
163 spaces and the applicant is applying for a variance to reduce the 220 parking space
requirement to the 163 spaces. Based on the current uses of the building, 80% Warehouse, 20%
office, the parking requirement is 220 spaces. Grimes stated the variance they would be issuing is
for what's there now. Grimes stated a concern about office/warehous being converted in
the future to all office space, therefore changing the parking require racken-Hunt
discussed the ratio of parking in other cities. Grimes stated that e ry hilethe staff and
Planning Commission think about changing the code but it's di ny different types
of manufacturing. Shaffer stated that in that case, they coul ved area in the back
where there is additional space where parking spaces could d. Lang asked what the
intended use of the building will be. David Distad of Ste' ent stated that the building
won't be changed at all, it will stay a multi-tenant, war that it's just a change of
ownership. Swedberg asked about the history of t e set back. Grimes stated there
were no variances on file regarding the west side m when the building was built in the
70's. Shaffer stated that these are existing co doesn't present any problems, he has
no concerns and it's a good way to bring th conformance.
MOVED by Shaffer (assuming 20% offi
motion was carried unanimously to a
rehouse), seconded by Swedberg, and the
v iance.
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III. Other Business
Grimes stated that he met
the 4 foot retaining wall so
nkoarchitects and the engineer and they've agreed to build
n't require a building permit.
IV.
d at 7:50 P.M.
Robert Lang, Chair
Mark Grimes, Staff Liaison
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..lley
o.m li"'~~"l<a'i~~
......~d ~~lil! U
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Board of Zoning Appeals
From:
Dan Olson, City Planner
Subject:
801 Parkview Terrace (Map 9) (00-12-50)
Gary Bryant-Wolf, Applicant
Date:
December 12, 2000
Gary Bryant-Wolf, with property located at 801 Parkview Terrace, is requesting a variance from the Residential
zoning code (Section 11.21). The applicant, who is being represented by Rick Broten of Broten Design &
Build, has approached the City to build a porch to the front of the existing home. The construction ofthis
porch addition requires a variance to the front yard setback requirements.
This property had previously received 3 variances. The following are those variances:
e · In November, 1966, the property owner received two variances to build an attached 2 car garage (the old
single car garage was to be demolished). The variance approved was to reduce the front yard setback
from 35 feet t028 feet and to reduce the north side yard setback from 13.5 feet to 6 feet. After 1 year,
the new garage was not built and the variance expired. The minutes from that meeting are attached for
your review.
· In July, 1971, the property owner received the same variance as was granted in 1966 to build an attached
garage. The minutes from that meeting are attached for your review.
· In November, 1995, the property owner received 3 variances. The first variance was to make the
attached garage conforming by allowing for a 20 foot front yard setback (although a 28 foot setback was
originally granted in 1971, the attached garage was built with a 20 foot setback). The second variance
was to reduce the north side yard setback for a rear porch addition from 13.5 feet to 6 feet. The third
variance was to reduce the south yard setback from 13.5 feet to 11 feet to bring a nonconforming brick
structure into conformance with the Zoning Code. The minutes from that meeting are attached for your
review.
The requested variance is from Section 11.21, Subd. 7(A) Front Yard Setback. City Code states the front
setback shall be 35 feet from the front property line. The variance request for the front porch is for 12 feet off
the required 35 feet to a distance of23 feet to the front property line along Parkview Terrace.
.T.he City's file on this property revea.ls that a permit was pulled in June of 1939 for the construction of the
9use. No other pertinent information was found in the file.
ley
.
December 11,2000
Mr. Gary Bryant-Wolf
801 Parkview Terrace
Golden Valley, MN 55416
RE: Board of Zoning Appeals Meeting
Dear Mr. Bryant-Wolf:
Enclosed you will find an agenda and staff memo regarding your request for a .
variance from Section 11.21 (Residential zoning district) of the City Code.
The Board of Zoning Appeals will consider this request at its meeting on
Tuesday, December 19,2000. The meeting will be held in the Brookview
Grill- Lower Level at the Brookview Community Center, 200 Brookview
Parkway and begin at 7:00 P.M. You or a representative must attend this
meeting to answer questions or make any further comments.
e
If you have any questions, you may contact me at 763-593-8096.
Sincerely,
/) I __
j...lll..'t"-... O'Y{}1--
Dan Olson
City Planner
enclosures
c: Rick Broten - Broten Design & Build
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S.H.BRADLEY
CIVIL ENGINEER AND SURVEYOR
8828. 24TH AVENUE SOUTH
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(Revised 1/99)
Petition Number (7(.1 -IJ. - -:;-0
Date Received
I). J s- I 00
,
Amount Received 1ft: 5' 0 . 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:
<So \ PA,RJ(\He l0 1'e(z~C(
2.
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R. 6 (< Y Fuji, L0oLy'
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BZA Petition Date
3.
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Address
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Business Phone
Home Phone
Petitioner:
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r "I/? / " - I'! !,. ;'//111 "
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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):
tel S- i3LOu< S LJE5T -rIb I f-j,1/5
6. Type of property involved in this petition:
Residential: (" Single Family _ Double Dwelling _ Multiple Dwelling
Industrial
Commercial
Institutional
Bus. & Prof. Office
e Other
,
7. Detailed description of building (s), addition(s), and alteration(s) involved in this petition.
The site plans and drawings submitted with this petition will be the basis of any
variance that may be approved and cannot be changed before or after the building
permit issued.
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8. (Staff will complete this item)
Waiver of Section
Subd(s).
Subd(s).
Subd(s).
Waiver of Section
Waiver of Section
(\
i 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.
1 O. 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 $ 7' c. dO representing the
Board of Zoning Appeals Application Fee.
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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.
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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
j
gives the adjacent property owner opportunity to comment:
(Comments can contain language of agreeing with the project, objecting to the project or
other statements regarding the project.)
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GOLDEN VALLEY BOARD OF ZONING APPEALS
November 8,1966
A regular meeting of the Golden Valley Board of Zoning Appeals ~
was held on Tuesday, November 8, 1966, at 8:00 p.m~ at the ..,
Golden Valley Civic Center, 7800 Golden Valley Road, Golden
Valley, Minnesota. Chair~~n pro tem Jensen presided and
Anderson and Swedberg l.<Jere present. J.Uso present were Schmid
and Phyllis Jordahl.
APPROVAL OF MINUTES
. ,
MOVED by Anderson, seconded by Swedberg to approve the minutes
or October 11" 1966, carr i ad unani. mous i y<<
~~ - i !: ~ ,?r R~a 1 d N Be.!" rr ,_ {! ) 924 Ade 11 ne Lane
The petitioner wished to have this item deferred for one month~
66-11-32
Ronald Edstrom
(1)
2303 Xerxes Avenue North
The petition is for the waiver of .3' on the north lot tine on
the existing building to a sideyard setback of 4"7',, AvJsiver
of 4,,3~ to a south slaeyard setback of 5,,71 and a waiver of
approximately 9' to a front yard setback: of 26" on the proposed
garage..
MOYED by Anderson~ sec~'ded by Swedberg to grant the sideyard e
~ivers, but to deny the front yard waiver1 carried unanimously"
V -:- 11-33 Peter Ounkenfi~l,t!__JV ~.r8q! Parkvie"\I Terrace
~h~ petition is for the waiver of Section 3..07 of the Zoning
Code, a \'isiver of 7t to an existing...28l _front setbackt a ~Jaiver
of 7"2t to a sideyard setback of 6' on the north side of the
horne " -
MOVED by Swedberg, seconded by Anderson to approve the waivers
because of the extreme drop In the lot, carried unanimously.
A motion was entertained for aajour'nment at 9:00 p~m.
-----------~-----------~---
Chairman Pro Tem Jensen
secretary Otto Schmid
.
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Board. of Zoning Appeals
July 13, 1971 Page 4
'1-7-16 801 Parkview Terrace (Map 9) Residential stanton JOl:~
The petition is for the waiver of Section
3.07 (1) for 7' off the front yard setback distance of 351 to a
setback of 28' from the front property line to the pro-
posed attached and existing garage orJy.
).07 ()b ) for? 55' orf the required sideyard. setback dist,ance of
13.55' to a setback of 6' from the north property line to
the proposed attached garage only.
Mr. ,Stanton Jorgens was present to make the request for the waiver.
It was noted that this same petition was granted by the board on Noverrlher
8, 1966, and that the waiver had expired after one year whenthe proposed addition.
wasn't started.
Don Franzen moved to grant the waiver as requested. It '\-laS seconded by
Walter Kost and so carried.
There being no further business to come before the meeting, it was on
motion, duly seconded, adjourned at 10:00 p.m.
Mahlon SWedberg, Chalrman
Jim Ingemunson~, Acting Secretar~r
"""?v
Minutes of the Board of Zoning Appeals
November 14, 1995
Page Three .
.
Polachek, seconded by Shaffer and motion carried unanimou prove the
following reques 'ver of variances of Section 11.21' A) front setback of 1.1 feet off
the required 32.1 feet to a distan existing house; and Subd. 7(C)(3) side yard
setbacks of .60 feet off the . eet to a IS .40 feet for the proposed addition. The
variances w e the existing house legally nonconforming an . e ~ddition, on the
side of the house, to go no further than .60 feet into the side setback on the no e.
801 Parkview Terrace (95-11-42)
Fred Steaderman
Request:
Waiver of Section 11.21, Subd. 7(A) Front Setback -- 8 feet off the required
28 feet to a distance of 20 feet (for the existing house); and
Waiver of Section 11.21, Subd. 7(C)(2) Side Yard Setback - 7.55 feet off the
required 13.55 feet to a distance of 6 feet for the proposed deck and three-
season porch on the northeast side of the house and 2.55 feet off the
required 13.55 feet to a distance of 11 feet for the nonconforming brick
structure located on the east side of the house.
Purpose:
To make the house legally nonconforming and to allow for the construction
of a nonconforming three-season porch and decking.
A;;.
_.~~'
The petition was in order and all adjoining property owners were notified of the variance requests.
The builder for Mr. Steaderman was available to answer questions. Staff Liaison Mark Grimes
gave a brief summary of his report briefly commenting on the discrepancy of the survey for the
front setback. Staff believes the setback granted in July, 1971 for 7 feet off the request 35 feet to
a distance of 28 feet is correct. The survey shows the house being 20 feet from the front property
line. Chair Swedberg commented on the property being difficult to build on due to the terrain of
the land in the rear, which drops off dramatically to the rear of the lot.
MOVED by Sell, seconded by Polachek and motion carried unanimously to approve the following
requests for waiver of variances of Section 11.21: Subd. 7(A) front setback for 8 feet off the
required 28 feet to a distance of 20 feet for the existing house; and Subd. 7(C)(2) side yard
setback of 7.55 feet off the required 13.55 feet to a distance of 6 feet for the proposed deck and
three-season porch on the northeast side of the house and 2.55 feet off the required 13.55 feet to
a distance of 11 feet for the nonconforming brick structure on the east side of the house. The
variances would make the existing house and also the proposed addition on the northeast side of
the house legally nonconforming.
Request:
..
ard Requirements
Purpose:
.
OVED by Polachek, seconded by Sell to put the Lundstrom request on the agenda as a c
over item from the September 12, 1995 Board of Zoning Appeals meeting.
.
.
ley
12-7-00
HEARING NOTICE
Board of Zoning Appeals
801 Parkview Terrace
Gary Bryant - Wolf
Gary Bryant - Wolf, with property located at 801 Parkview Terrace, has
petitioned the Golden Valley Board of Zoning Appeals for a variance
from the Residential zoning district. The applicant is proposing to
construct a new porch onto the front of the existing home. This
construction project requires a variance from the following section of City
Code.
· Section 11.21, Subd. 7(A) Front Yard Setback. City Code states
the front setback shall be 35 feet from the front property line. The
variance request for the front porch is for 12 feet off the required 35
feet to a distance of 23 feet to the front property line along Parkview
Terrace.
This petition will be heard at a regular meeting to be held Tuesday,
December 19,2000, beginning at 7:00 P.M. in the Brookview Grill
Brookview (in the Brookview Community Center), 200 Brookview
Parkway, Golden Valley, Minnesota.
Adjacent properties require notification.