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10-22-13 BZA Agenda Board of Zoning Appeals Regular Meeting Tuesday, October 22, 2013 7 pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes —August 27, 2013 Regular Meeting II. The Petition(s) are: 4615 Roanoke Road Kent Ashlev & Gina Berthiaume, Applicants (13-09-19) Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3)(a) Side Yard Setback Requirements • 5 ft. off of the required 20 ft. to a distance of 15 ft. at its closest point to the side yard (north) property line. Purpose: To allow for the construction of a second story addition on a portion of the existing house. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(B) Height Limitations • 1.5 ft. taller than the allowed 25 ft. for a total height of 26.5 ft. along the front (street side) of the property. 1315 Angelo Drive Mohammad & Mariam Vedadi, Applicants (13-09-20) Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3(b) Side Yard Setback Requirements • 9.5 ft. off of the required 12.5 ft. to a distance of 3 ft. at its closest point to the side yard (north) property line. Purpose: To allow for the construction of a garage/bedroom addition to the existing house. 3900 Glenwood Avenue David Strand, A�plicant (13-09-21) Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12(A)(1) Accessory Structure Location Requirements • The proposed pool would not be located completely to the rear of the principal structure as required. Purpose: To allow for the construction of a pool. Request: Waiver from Section 11.21, Single Family Zoning Distric#, Subd. 12(A)(1) Accessory Structure Location Requirements • The proposed pool house would not be located completely to the rear of the principal structure as required. Purpose: To allow for the construction of a pool house. III. Other Business IV. Adjournment °� This document is available in aiternate formats upo�n a 72-hour request. Plea�e ca�ll `� 763-593-8Q06{TTY: 763-593-3968)to mak�a request. Examples of alternate formats � may include large prinfi,electronic,Sraille,audiocassette,etc� �,i' Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals August 27, 2013 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, August 27, 2013 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Maxwell catled the meeting to order at 7 pm. Those present were Members, Fonnest, Maxwell, Nelson, Alternate Member Boudreau- Landis and Planning Commission Representative McCarty. Also present were City Planner Joe Hogeboom, Planning Intern Brett Angell and Administrative Assistant Lisa Wittman. Member Johnson was absent. I. Approval of Minutes — July 23, 2013 Regular Meeting, . McCarty referred to the ninth paragraph on page seven and staf�d that he would like to add language stating that the foatings on the proposed new deck would not interfere with the existing steps. MOVED by Nelson, seconded by Fonnest and mation carried unanimously to approve the July 23, 2013 minutes with the above noted correction. I1. The Petition(s) are: , 2390 Wisconsin Ave N (G��itinu�d Item) Jon Stadtherr & Karen Murphv, Applicants (13-07-16) Request: Waiver from Section "11.21, Single Family Zoning District (R-1), Subd. 11(A)(1) FrontYard'Setback Requirements • 5 ft. off of the'required 35 ft. to a distance of 30 ft. at its closest point to the front yard (west) property line. Purpo�e; To allow for the construction of a closed front porch addition. Hogeboorr� reminded the Board that they tabled this request at their meeting last month. He explained that he has met with the applicants since that meeting and they have changed their praposal slightly. They are now asking for a variance for the enclosed #ront porch addition to be located 30 feet (rather than 28 feet) away from the front yard property line. The proposed open front porch will be located 30 feet away from the front property line as required so the applicants no longer require a variance for that portion of their proposal. Hogeboom referred to a survey of the property and noted that this house is somewhat unique because the houses in the area are set askew from each other so the applicants proposed front porch won't negatively affect any neighboring front yard views. Minutes of the Golden Valley Board of Zoning Appeals August 27, 2013 Page 2 f Maxwell asked if the propased front entry addition would be one or two stories. Hogeboom referred to a rendering of the enclosed front porch and stated that it will be two stories and will have the same look as was proposed last month, but it will be located 30 feet, rather than 28 feet away from the front yard property line. McCarty said what is being proposed is basically a building addition and not a porch. Fannest asked if the inside of the addition will be open to the ceiling or if there will be a second floor. Hogeboom said it would be open to the ceiling. Fonnest asked if there will be a window placed in the front part of the adt�ition. Hogeboom said he believes there will be a window. He explained that renderings ar illustrations aren't required from applicants when they apply for a vari�nce, only a survey showing the footprint of the proposed project is required. Fonnest asked if the existing sidewalk would be removed. Hogeboom said yes, the existing sidewalk will be replaced. ` ;� Karen Murphy, Applicant, explained that there will b����v�rir�dow'ir�rthe addition and some cosmetic details to make it more appealing. ' Maxwell noted that this house is on a "T" and the hauses next to it aren't right in line with this house. He asked the applicants if there are any other unique circumstances or features regarding their property. Murphy stated tha# the neighbors' sight lines won't be impacted at all by their praposed addition, currently there is na covered front walkway, there are safety issues with the door opening into the existing entryway and is difficult for her mother-in-law to access the hou�e: Hogeboom added that the proposed addition would also add some articul�ior�r�o fhe structure. McCarty asked the applicant� if th��y have considered other design options. He said he is concerned about the bulkiness of the proposed addition and that this is the same design the Board saw last month, just smaller. Jan Stadtherr, Applicant, explained that the size of the proposed entryway gives them enough sp�c� t� op�n;the front daor safely and to construct a small closet. McCarty said he understands why the applicants want to construct the addition it just seems like it is the sarne re�uest as last month's and that the bulkiness of the addition hasn't changed. Murphy'��id she didn't recall any Board Members saying last month that the design�,was toa;�ulky. , Nelson said:s�Ae is supportive of the covered walkway proposal and a one-story enclosed entry addition. However, the comments she's heard about articulation are good because she feels that the house could use some articulation in the front. Maxwell opened the public hearing. Seeing and hearing no one wishing to comment, Maxwell closed the public hearing. Minutes of the Golden Valley Board of Zoning Appeals August 27, 2013 Page 3 Fonnest said he feels the applicants have made a good faith effort to bring their proposal further into compliance with the Zoning Code regulations and he is inclined to support the requested variance. Nelson said she thinks the request is reasonable, the circumstances are unique because of how the houses in the area were placed on the lots, the proposal is in harmony with the City Code's intent and it won't negatively impact the neighboring property owners. McCarty said he doesn't feel that a design change was made. He referred to the minutes from last month's meeting and noted that the Board stated at that,time th�t the proposal was a bit much and would have a big impact on the front of#he ht�me. He said he doesn't think the proposed addition would devastate the neighk�`brhood, but he : doesn't think this property is unique and he is not convinced th�re is a.hardship in'this case. Nelson said she understands the confines of a split-levef hause, but they all have the same issues. She said she thinks the covered walkway and entry is a good idea, but allowing just a one-story, covered entryway won't address the applicant's issues. Boudreau-Landis said he is in favor of the ar�i�lati�ra becau�� it will improve the aesthetics of the house. He nated that if the proposal di��n't include the enclosed portion of the project the applicants wou���r1',t n�ed a variance. He said he is inclined to support he request because there is no definite visual �ine down the street. Maxwell agreed and added that the applicanfs have trieti to do their best to meet the requirements. He said he is generally not in favor of front yard variances but there are unique features in this case. Site Iines won't be impacted, the applicant didn't construct the home, the proposed articulation would add character to the house and it is a reasonable request that wan"t change the character of the neighborhood. MOVED by Fonnest, se�on�ed by Maxwell and motion carried 4 to 1 to approve the variance reques��for 5 fi�,� off ofi t�e required 35 ft. to a distance of 30 ft. at its closest point to the front �ar,d (w��t) property line to allow for the construction of a closed front porch add�tit�n. McC�rty vc��ed no. 8636;Plymouth Ave N Clint'& Jennifer Schumann, Applicants (13-08-17) Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A��1) FrontYard Setback Requirements • 30 ft. off of the required 35 ft. to a distance of 5 ft. at its closest point to the front yard (northwest) property line. Purpose: To allow for the construction a garage/kitchen. Minutes of the Golden Valley Board af Zoning Appeals August 27, 2013 Page 4 Angell explained the applicant's request to construct a garage and kitchen addition. He stated that the property currently has no garage space and is unique in that it has three front yard setback areas. Nelson asked what the setback requirement would be if northwest property line were considered a rear yard. Hogeboom said rear yard setbacks are 20% of the lot depth. He explained that when the application was originally submitted, the northwest property line was being considered a rear yard until staff realized that the northwest property line is right-of- way on Boone Avenue, at which point the request changed from side and r�ar yard variance requests to a front yard variance request. Maxwell added that the applicant also'I��as limited ability to add-on their house anyplace else. Fonnest asked if vegetation wilf need to be removed in order to pW� in a wider driveway. Hogeboom stated that he doesn't know if any vegetation will need to be removed and explained that driveways are required to be 3 feet away from a property line, ' Boudreau-Landis asked if the Boone Avenue right-of-way extends to Plyrnouth Avenue. Hogeboom stated that the Boone Avenue right-of-v�ay d�es not e�ctend through to Plymouth Avenue and that there are no plans to extend it. Jennifer Schumann, Applicant stated that the primary goal is to build an attached garage since they have no garage at all. She stated that she wauld also like to expand the existing, small kitchen and she feels it's a reasonab�e plan to have the garage be near the kitchen. Clint Schumann, Applicant, added that they are proposing the location they have because they don't want to deal with erosic�r� issue�with��:the steep grade of their property. McCarty asked the applicar�#s if t1�ey ���'considered building off of the front of the house. Jennifer Schumann stated.that if t�tey bu�l�,a garage on the front of the house it would be attached to the formal dming: rooilra and livii�g room and they would not be able to gain any additional kitchen spar.�. Clin� �chumann added that if a garage were in the front of the house it would have to be a short �arage because of the steep slope. Maxwell opened the public hearing. Seeing and hearing no one wishing to comment, Maxwell closed the public hearing. Hogeboorn note:d,that the original plan for Plymouth Avenue was to connect to Boone but th�;;plans were div�rked because of the steep slope. Nelson'�n�ated tFi�t the Board has been supportive of two-stall garages in the past. She stated that this lot is unique because it has steep slopes, three front yards and no garage space. She added that the proposal is in harmony with the City Code's intent, it won't impact the neighbors and makes sense to build the garage where the applicants are proposing to build it. Fonnest agreed and stated that the praperty line in question really acts like a rear yard and the proposed plan should work nicely. McCarty agreed that this property is unique and asked if the back wall of the garage will have to articulate. Hogeboom said no and explained that only walls along side yard property lines are required to be articulated. Minutes of the Golden Valley Board of Zoning Appeals August 27, 2013 Page 5 Boudreau-Landis agreed that this is a unique lot. He said there are probably different options that would require a lesser variance but he is in favor of granting the variance as requested. Maxwell agreed. MOVED by Nelson, seconded by McCarty and motion carried unanimously to approve the variance request for 30 ft. off of the required 35 ft. to a distance of 5 ft. at its closest point to the front yard (northwest) property line to allow for the construction a garage/kitchen. 1 Meadow Lane John & Kellv Baker, Applicants (13-08-18) Request: Waiver from Section 11.21, Single Family Zoning District, Subd: 19(D) Paved Area Requirements • A variance would allow the construction of a second���reet ��arb cwt��in Glenwood Avenue Hogeboom referred to a survey of this property and explained th� applicants' request to install a second curb cut on Glenwood Avenue. The curren� d,riveway/curb cut is on Meadow Lane. He explained that this is a relatively new horn� that wa� part of a recently approved subdivision located at the corner of Meadow Lar�e and Glenwood Avenue. He added that if the Board approves this variance request the applicants �ould still need to obtain a right-of- way permit from Hennepin County because Gl�nwc�od Avenue is a County road. Nelson stated that she has never seen a variartce request regarding a second curb cut and asked if this is a new requirement. Hoge�oom said it is a fairly recent requirement due to the increase in maintenance and costs to the City involved in allowing second curb cuts. Fonnest asked about the wid�h �f fhe proposed curb cut. Hogeboom said he isn't sure about the width of the curb cut but it won't be wider than the garage. Boudreau-Landi�,asked if there would also be a second driveway or if there will only be a curb cut and apron: Hogeboom said yes there will also be a driveway. He explained that a second driv�w�y,would be �Ilowed without a variance but that the second curb cut is not. He added that th��appir�arit�.could also remove their driveway on Meadow Lane and just have one driveway an� one curb cut on Glenwood without a variance as well. Nelson stated that the Meadow`L�ane`�ldress is preferable and that traffic on Glenwood would make it difficult to get in and out of a driveway. McCarty said he remembers that there was discussion when the subdivision proposal was reviewed by the Planning Commission about not allowing curb cuts on Glenwood because of traffic concerns. Hogeboom reiterated that the applicants will still need to obtain a right-of- way permit from the County in order to have a curb cut on Glenwood Avenue. McCarty questioned if a concrete walkway to the curb with no curb cut would be allowed. Hogeboom explained that if it were located in the County's right-of-way the applicants would still be required to obtain a permit. Minutes of the Golden Valley Board of Zoning Appeals August 27, 2013 Page 6 John Baker, Applicant, stated that the existing driveway was in existence before they bought the house. He said it is a very long driveway and that there are several other properties in the area with curb cuts on Glenwood Avenue. Nelson asked the applicants if their builder told them they could have a second driveway on Glenwood Avenue. Kelly Baker, Applicant said yes, either the builder or developer said they thought they would have the option to have a driveway on Glenwood Avenue. Maxwell asked the applicants if they have considered removing the driveway Qn M�adow Lane. John Baker stated that Meadow Lane is a desirable address and explained that another reason they would like the proposed second curb cut is that the long driveway on Meadow Lane could be dangerous in the wintertime. He added that living there has rnade it clear how difficult the long driveway is. Hogeboom added that the subdivi�ion proc�ss does not approve the location of the houses and driveways and that the decision about'the location of the existing driveway was made before the applicants own�d the property. McCarty asked the applicants if they have considered buildit�g_a concrete pad without a curb curt. John Baker said they have considered that, but�hey wou'I�tl like access on Glenwood Avenue. He reiterated that they didn't think about'how difficult the long driveway would be when they purchased the property. Maxwell opened the public hearing. Seeing and hearin� nct ane wishing to comment, Maxwell closed the public hearing. Nelson said she feels the request �s reas4�nabl�, ,having this long of a driveway is unique and the applicants were told that they co�wld have a curb cut on Glenwood Avenue. She added that she has no strong concerns since�fihe proposal also has to go through Hennepin County for approval. Boudreau-Landis ask�d if the ap,plicants need a variance from the City before the County will consider the request. Hogeboom �aid yes. McCarty asked if fhere were conditions regarding the granting of variances in the original subdivision �pproval. Hogeboom stated that the Subdivision Agreement states that the City Council's int�nt was nc�# to grant variances for one year and it has been longer than one year. Fonnest agreed that the request seems reasonable. Boudreau-Landis agreed that the request is reasonable, but he also thinks the applicants could build a walkway and a concrete p�d without a curb cut, however, he is inclined to support variance request. Maxwell stated that the County will decide the safety issues on Glenwood Avenue. He said the request is reasonable and the original placement of the driveway isn't the applicant's fault. MOVED by Fonnest and seconded by Nelson to approve the variance request to allow the construction of a second street curb cut/access on Glenwood Avenue. Minutes of the Golden Valley Board of Zoning Appeals August 27, 2013 Page 7 McCarty said he doesn't see a hardship in this case. He said he agrees the request is reasonable but the applicants bought the property knowing it had a long driveway on Meadow Lane. Maxwell said that if the applicants had canstructed the driveway he wauld agree. Nelson noted that the new variance regulations, as compared to previous regulations, don't require the Board to find a hardship. She reiterated that the applicants were told they could have a second access. Maxwell added that the reason the City doesn't allow second curb cuts is the cost and in this case the City isn't paying for it. Maxwell noted that a motion had been made. The motion was approved unanimously to allow the construction of a second street curb cut on Glenwood Avenue 3900 Glenwood Avenue David Strand, Applicant (13-08-19) Request: Waiver from Section 11.21, Single Family��oning Dis'trict, Subd. 11(A)(2) FrontYard Setback Requirements" • 21.33 ft. off of the required 41.33 ft. to a'distance c�f 20 ft. at its closest point to the rear yard (north) property line. Purpose: To allow for the construct�on ofi a n�w house. Request: Waiver from Se�tion 11.21, S���gle Family Zoning District, Subd. 12(A)(1) Accessory Structure Ldcation Requirements • The praposed pool wo�ld not k�Jocated completely to the rear of the principal structure as required. ' Purpose; To allow for the construction af a pool. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12(A)("I) �cces�ory Structure Location Requirements • The pro;posed pool house would not be located completely to the rear of the princi;pal structure as required. Pt�rpose: To allow for the construction of a pool house. Hogeboom referred to a survey of the property and noted that it is adjacent to Theodore Wirth Park. He explained the applicanYs request to remove the existing house and build a new house with a pool and pool house in front of the principal structure rather than to the rear of the principal structure as required. He added that the Minneapolis Park Board has stated that they have no concerns about the proposal and that he has received several signatures from the neighbors supporting the proposal. Minutes of the Golden Valley Board of Zoning Appeals August 27, 2013 Page 8 Boudreau-Landis asked how long the Zoning Code has required that accessary structures be located to the rear of the principal structure. Hogeboom said he didn't know how long that requirement has been in place. Nelson asked if the existing house is in conformance with Zoning Code requirements. Hogeboom said no. Maxwell asked why the pool is proposed to be located in front of the house. Hogeboom said that the front yard is more private. Fonnest asked if the house and/or pool house would even be able to b� seen considering the elevation of the property. Hogeboom stated that the applicant intend� to keep many of the trees as well, which will screen the house from �iew. Nelson said she has no concerns about the first variance request re�garding the location of the house when considering the topography, but she is� concerned abr�ut locating the pool and pool house in front of the house. She stated tha�sl�e.likes to be consistent when considering variance requests and that whil�rt��s prQposal is �ttractive another proposal with an accessory structure in the front yard may'r�Qt be. Maxwell agreed and expressed concern about setting precedent. He qulestioned v�rhy setback requirements can't be met if the existing house is being torn dQwn, David Strand, Project Designer and Construction Manager, representing the owners, stated that this is a unique property,and that because of the topography the house can't be seen from the street. He stated that he could install a 6-foot tall fence along Glenwood but they would rather screen tt�e house naturally. He stated that the pool house is similar to a garden structure and those are allowed in front yards. Also, by pushing the house further k�ack on �he (ot#hey can preserve trees, get the pool in the sun and allow space for a turnaro�nd. He stated that the neighboring property owners are supportive of the.:proposal �nd placing the pool in the back yard would put the activity closer to the n�ight�ors. He said the proposal is site sensitive and that they did consider many other designs.'Maxwell asked about the designs they considered. Strand stated that'it is a ane-story home and that anything extra was pushed to the basement sp_th�,� are �ot,�uilding a giant "mcmansion" house looming over the neighbot-s. F��e�re'i��r�����th��t no one driving by the house will be able to see it or the pool house. Fonne�t aske� how the pool house is similar to a garden structure. Hogeboom stated that the pool h�use is connected to the house by a wall so it will look like it is part of the principal structure. Strand added that the proposed pool and pool house are well within the front yard setback area. Maxwell asked Strand about their plan to conserve trees. Strand stated that there is a lot of buckthorn and shrubs that will be removed, but there is an oak tree he is concerned about and if the house is moved forward on the lot they could lose that oak tree. Minutes of the Golden Valley Board of Zoning Appeals August 27, 2013 Page 9 Nelson said she understands placing the house further back on the lot to allow enough room for a turnaround. She asked if th� S�s��erent�t proposede St ap d saidtno, and e would be pushed as far back on the lo Y added that the owners want the pool and hope that this proposal is reasonable and acceptable. Maxwell opened the public hearing. Hearing and seeing no one wishing to comment, Maxwell closed the public hearing. Fonnest said he would like to better understand precedent and what it r�ight me`�n for future proposals, but he also knows that the Board takes into consideratiQn the uniqueness of a property and the viability of a plan. Boudreau-Landis stated that there are many examples along GlenwoQd where a garage is located in front of a house in order to get the house further away from the busy street so he feels precedent has already been set. Maxwell stated that the Board is not bound by pre�edent, but he d4es like to strive for consistency. McCarty said he thinks it is a nice plan but th� #�oo� hQUSe could fit differently on the property and no matter what is built it would be screened from Glenwood. Nelson agreed that the plans are weil done and she is not concerned about the rear yard setback for the location of the hous� but, the Board wouldn't be consistent if they allowed an accessory structure in front o'f the house. Maxwell agreed with Boudreau-Landis thV�t this proposal wouldn't necessarily be out of character with the neighbo�h�odR �te expressed concern about losing some trees if the house is moved clos�r,�o the f��nt of the lot. Nelson stated that a garage is more of a necessity than a poolrho€�s�., � �a ; Fonnest stated that he appreciates the consideration of the topography and vegetation and the desire to set the house back from Glenwood. He said the design is beautiful and would be a welcome addition to what is currently on the property. Ma�cwell said he doesn't think the proposed use is unreasonable. He said he is considering the,preservation of trees, the topography and that allowing an accessory structure shielding them from Glenwood is not unprecedented. He added that the proposed �o�l and pool house will not be located in the front yard setback area, they would be located to the front of the house. MOVED by Fonnest to approve the first variance request for 21,33 ft. off of the required 41.33 ft. to a distance of 20 ft. at its closest point to the rear yard (north) property line to altow for the construction of a new house. Minutes of the Golden Valley Board of Zoning Appeals August 27, 2013 Page 10 McCarty stated that he thinks all of the variance requests are tied together because if the Board approves the first variance, the applicant could redesign his proposal and might not need variances. Maxwell suggested that the first two variance requests go together because the pool house could possibly be scaled down and not require a variance. Hogeboom stated that the proposed pool house is over 120 square feet in size so it is considered to be a structure. Maxwell suggested that the pool house could be incorporated into the design of the house and that more of a garden structure could be placed in front of the house. �tran,d stated that they will need an accessory structure for the bathroom space. McCarty �li�ted tli��:�the bathroom space could be moved into the house and the location of the`hrouse could shift, then a variance would only be needed to allow the pool in front of th� hous�, Boudreau-Landis asked if the back wall of the house needs to be articulated. Mc�arty stated that anty side walls are required to articulate. Fonnest withdrew his motion. MQVED by Fonnest and seconded by Boudreau-Landis to �pprove the first two variance requests as follows: 21.33 ft. off of the required 41:33 ft. to a distance of 20 ft. at its closest point to the rear yard (north) property line to 2�II�w f��°the cor�struction of a new house and the proposed pool would not be required tc�be la'�ated comp(etely to the rear of the principal structure. McCarty reiterated that if the pool hbuse were not part of the proposal, then things could be shifted around and variances mig�rt;not be needed. Maxwell said the applicant's proposal is to have a turnaround area as well. McCarty said he thinks that would be attainable without the need for variances as well. N�Ison s�id she thinks a pool can't do anything to horribly affect the aesthetics, but a ��pl khc�use could. McCarty said he thinks the plans could be reversed and the po4d �ould g��a��� the back yard. Strand said he understands tl�� Board's hesitation. He explained that the site is unique because it is completely �nclosed by trees and they are trying to be sensitive to the site. He noted that th�e pool would located 60 feet away from the front yard property line and if the house were'shifted forward'on the lot the existing oak tree would need to be removed. He stated that placing the pool in the back yard would impact the neighbors a lot more than placing it in front of the house and that the way they are proposing to build this home is much;l�ss imp�ctful. He reiterated that there are many accessory structures located in front of the �p�incipaLstructures in this area. Boudreau-Landis said it makes sense to vote on the variance requests altogether. He said he agrees there are other optians but the back wall of the proposed new hause will be further away from the rear yard praperty line than the back wall of the existing house. Maxwell said he would like to try to preserve the trees and added that the house will sit high up on a hill and won't even be noticeable. Fonnest withdrew his second motion and MOVED to approve all three variance requests as follows: Minutes of the Golden Valley Board of Zoning Appeals August 27, 2013 Page 11 • 21.33 ft. off of the required 41.33 ft. to a distance of 20 ft. at its closest point to the rear yard (north) property line to allow for the construction of a new house. • The proposed pool would not be required to be located completely to the rear of the principal structure. • The proposed pool house would not be required to be located completely to the rear of the principal structure. Boudreau-Landis seconded the motion and the motion carried 3 to 2. Mernbers Nelson and McCarty voted no. 43 Western Terrace Charles Rue, Applicant (13-08-20) ;' Request: Waiver from Section 11.21, Single Family Zoning Di�trict, Subd. 11(A)(2) Rear Yard Setback Requirements • 1.6 ft. off of the required 5 ft. to a distance of 3.4 ft. at its closest point to the rear yard (west) property line. Purpose: To bring the existing tree house into canformance with setback requirements. Angell explained that the applicar�t is req�esting a variance to bring his existing tree house into conformance with ZQning Cade requirements. He added that the tree house was originally built in 2009,- McCarty asked if this is a case of have two conflicting surveys or if the applicant used a survey of the neighbQrir�g,property and just measured incorrectly. Angell said he thinks it's the latter. Fonnest asked wh�tl�e ��cond survey was done. Angell said the second survey was done as pa�'�rfi'tt�is vari�nc� request. � . ����zz.- ', Maxwell asked ht�w this issue came up. Hogeboom there was a complaint. He explained that tree houses aren't addressed in the Zoning Code and that the only method of regu��ting them is if they are 120 square feet or larger in size, then they are considered;#o be an accessory structure and are required to follow the same requirements as accessory structures. Maxwell noted that the tree house in question is only 117 square feet in size. Hogeboom stated that the entire footprint of the tree house is larger than 120 square feet. Maxwell asked if the tree house would have to be taken down if a variance isn't granted. Hogeboom said the applicant could appeal the Board's decision if that is the case. Minutes of the Golden Valley Board of Zoning Appeals August 27, 2013 Page 12 Maxwell asked if the applicant received a building permit. Hogeboom said he believes a building permit was granted after the fact. McCarty questioned why the tree house would need a building permit. Hogeboom explained that the Building Official is considering that issue and that the variance request only pertains to the shed's distance from the property line. Charles Rue, Applicant, explained that the survey used initially was the neighbor's survey from 2002. He stated that he has been going back and forth with the City regarding the size and location of the tree house since 2009. He clarified tha#the tree house is now 117 square feet in size and does not require a building permit. He explained that the second survey done, conflicted with the first survey and,that it w�sn't a measuring error on his part. Maxwell opened the public hearing. Seeing and hearing no one v�ii�hin���to comrn�'nt, Maxwell closed the public hearing. Nelson stated that the unique circumstance in this case is'th�t the applicant built the tree house according to a legal survey and then disct��ered the error. MOVED by Nelson, seconded by McCarty and moti:on carried unanimously to approve the variance request for 1.6 ft. off of the required 5 ft. to� distan�� of 3.4 ft. at its closest point to the rear yard (west) property line to brin�:the existing tr��:house into conformance with setback requirements. III. Other Business ; , No other business was discuss�d, IV. Adjournment The meeting adjaurne� at 9;34 pm., Ge4rge Maxwell, Chair Joseph S. Hogeboom, Staff Liaison 1 ya re �1��l C�� '` Planning Department ?63-593-8095/763-593-8109(fax) Date: October 16, 2013 " To: Board of Zoning Appeals From: Joe Hogeboom, City Planner Subject: 4615 Roanoke Rd. Kent Ashley and Gina Berthiaume, Applicants Background Mr. Ashley and Ms. Berthiaume, owners of the property at 4615 Roanoke Rd., are seeking a variance from City Code to allow for the construction of a second story addition over a portion of the existing house. The existing house, which is considered "legally non-conforming," does not require a variance; however, and addition or expansion in this location does require a variance. No prior variances were obtained for this property. Variance The proposal requires variances from the fol�owing section of City Code: • Section 11.21, Subd. 11�A)(3)(b) Side Yard Setback Requirements. For this property, City Code requires a 20 foot side yard setback area. The applicant is seeking 5 feet off of this requirement to a distance of 15 feet to allow the proposed garage/living space addition. • Section 11.21, Subd. 11(B) Height Limitations. For flat-roof homes, City Code requires a 25 foot height requirement for the front-facing fa�ade of the home. 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V� �V �^�Z_''����s°3�6� � O'9�� �3 E a°' d � � � �z o 8 w�c� �'��'°°°p�eoc°J�`�'�� Noo a���ov � � 3 �" r QO Q.��p~'3.S003T�F0 ��d U���� y �S W � p'7 µ�opU��o.Z.m��m"' pzQ?� tr�.�Ody � � a oL C�7�q Ov'°i G�"sv�im.�j c a�i'�^' C� � a�E mc ipd � �g � � .-1rJ V O '�.� _,tlE...� �..�,J WiTO'� m I � N..;rY,0.tl3NnQ6vG6 rAe O Ui-.AW� V10.. -w f city of� olden � va e Zoning Code Variance Application 1. Street address: ���t � �� K,ICJTt'-� 2. Applicant Information: � N a m e: I 'F� �j �-5._� � ���'Lp✓ ���t.f Ct.G(,/1/v�.,e� Address: ��' � ^��1�/�`-��� �°�/ -E=�-J � oI�D� � 1d�I.�� } �� Email Address: Z-3� ` . Phone Number: �Z ' ��,'` 1�O 10 3. Provide a t iled description of the v riance(s) being requested: / I��.3 � f �-e.. ��� � � . , � a c`�1 � L►�f�-..t�.w�-�' � ` � t 4. Provide a detailed description of need for a variance from the Zoning Code, including: • Description of building(s) • Description of proposed addition(s) • Description of proposed alteration(s)to property ��. . � , 5. Minnesota State Statute 462.357 requires that a property exhibit "practical difficulties" in order for a variance to be considered. Practical Difficulties: • result in a use that is reasonable. � are based on a problem that is unique to the property. • are not caused by the landowner. • do not alter the essential character of the locality. To demonstrate how your request will comply with Minnesota State Statute 462.357, please respond to the following questions: Explain the need for your variance request and how it will result in a reasonable use of the pro ert��ot" � � ` ` u�, � ;� � ao ��.+�-u`�e¢�- ce�-�t + What is unique about your property and how do you feel that it necessitates a variance? 1�'� �� ,.1� � � , � . A��� �� � ,�`'�,C � /t-G� .�� � , �� � ' �� � .(.���d t Explain how the need for a variance is based on circumstances that are not a result of a _ la downer actio . � � �- n n �SVsz ci...t. �r��xe .���� s�'�^-��,-� . ., , � , � � , . Explain how, if granted, the praposed variance will not alter the essential character of your neigh orhood and Gol n Valley as a who � n � � � � � �� .�[.-�o�,ri . �-'� G1/� !3�'' ,�i^ �' � 1 6. The City requests that yau consider all available project options that are permitted by the Zoning Code prior to requesting a variance.The Board of Zoning Appeals will discuss alternative options to seeking variance with you at the public hearing. Please describe alternate ways to do your pro�e that do not requir �v�r.�i n._ces t�he Zo 'ng Code. � � �� �?�?.�+,' G�,�i��X.c.��..� � ' . G►'� ✓"`I ���,�P � �n� �+�h-�'� r ✓ ��'✓1 J/�.✓' =''4vti.�'.�p �,�i ��� _,p�.t, � _ � � ��-�-,��;ll.� �.�-�.� 7. Please submit a current survey of your property. You must indicate the proposed addition, including new proposed building and structure setbacks, on the survey. A copy of Golden Valley's survey requirements is avaitable upan request. Please note tha#this application is considered incomplete without the submittal of a current property survey. 8. Please submit at least one current color photograph of the area affected by the proposed variance. You may attach a printed photograph to this application, or you may email a digital image to plannin�@�oldenvallevmn.�ov. You may submit additional photographs as needed. To the best of my knowledge the statements found in this application are true and correct. I also understand that unless construction of the action applicable to this variance request, if granted, is not taken within one year, the variance expires. I have considered all options afforded to me through the City's Zoning Code, and feel that there is no alternate way to achieve my objective except to seek a variance to zoning rules and regulations. I give permission for Golden Valley staff, as well as members of the Board of Zoning Appeals,to enter my property prior to the public hearing to inspect the area affected by this request. Signature of A licant \ � � \ • If the applicant is not the owner of all property involved in this application, please name the owner of this property: . ���_ i-�i�-e..-� Print Name of owner Si f o r $150 Application Fee Attached (for Single Family Residential) $250 Application Fee Attached (for all other Zoning Districts) Please note: The City of Golden Va!!ey wi11 send norice of your variance request to all adjoining property owners as well as owners of properties directly across streets or alleys. Your neighbors have the right to address the eoard of Zoning Appeals at your public hearing. 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Planning Department ?63-593-8095/763-593-8109(fax) Date: October 16, 2013 To: Board of Zoning Appeals From: Joe Hogeboom, City Planner Subject: 1315 Angelo Dr. Mohammad and Mariam Vedadi, Applicants Background Mr. and Ms. Vedadi, owners of the property at 1315 Angelo Dr., are seeking a variance from City Code to allow for the construction of a garage/living space addition. The new addition would be approximately 324 square feet in area. The proposal requires a 9.5 foot side yard setback variance to allow the proposed addition to come to within 3 feet of the north property line. In May, 2009, a variance was approved that would have allowed for an addition of garage and living space to the north side of the home. This variance was not acted upon. Variance The proposal requires variances from the following section of City Code: • Section 11.21, Subd. 11(A)(3)(b) Side Yard Setback Requirements. For this property, City Code requires a 12.5 foot side yard setback area. The applicant is seeking 9.5 feet off of this requirement to a distance of 3 feet to allow the proposed garage/living space addition. __ � �_ � � _ e.w_ � � ��►�� � �a�� ;���s � ,� �l � �� � _. �r�g o� �� �� ��o ���� .�. 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Z�, '�r_ �c � o � � � '�" W;- — %- — � �Z 00 N� � 4w �g o�V I- pp � .Cq p � .R ry °a s°�V �p "�� ,d O e'1'a � y 'p , o � � ?u�ew� W a�a « p �� � e+ � a � °� � > y � " � •4+q � A � � �b � � o °' � yl�A'C •V � '.�7 .0 � d� o� .°�' w �' �' �� � ,y� °o "°�., � � � � � ° Ev� vi � � �> � a � � ,,, � cr H z � � � a � „� h � � � � � � .� L' � (n V c�, > A � g Q O � �° N�� �q � °o � � ap ., O � � � � . � � � b � , � � � � � � � � ' � '~ ° � ° ,, � � � � � a � � o � � x M •� � U f�s� d,°r 1I '� W ae p �p � -4-Z r, 0 11 pyn � � � °' y p 'C� e: — -= � w — `�] o $ C1� �_ i»,avi o o�v-vv' - ' � ,� ,� 0 N`�� =�.,, °, �, U I M ,�, d �,1 .., -. J DATE: 9-25-2412 TO: City of Go(den Yalley, Board of Zoning Appeals FROM: lynne Shears, AfA & ASID Allied, Seniar Designer WHITE CRANE CONSTRUCTION, LLC. RE: Zoning Code Variance Hardship Application Letter OWNER: Mohammad & Mariam Vedadi ADDRESS: 1315 Angelo Drive, Golden Valley, MN 55422 Enclosed is the Zoning Cade Variance Application, a set of plans of the proposed addition, existing site photos, plot plan, and survey for the client's variance appl+cation. 3) The variance requesied is for $' encroachment in a 1 b.6 side yard wi#h #he setback a# 12,5. 4j Detaited description of the need for variance, including description oftice of building/proposed addition/proposed alterotian to property: The $o�� 2gt,, Ave S existing house and single stail attoched garage is set only l b.b` from rear of garage fo the sidelnorfh property line. The current building ��nneapotis, MN code side yard setback is 12.5`. In discussing the need for additional 354�7 garage space with the hameowner, other focations and placement on the lot were reviewed but deemed not appropriate due to grade and accessibility. Therefore, it was determined that at#aching a sing{e stall to the existing structure was the primary and reasonable monner solution but wouid require a variance. It also gives the homeowners the ability to remodefladd to the main f(oor bedrooms to create a Master Suite. Tet Both of ihese items {a double garage and a Mosfer Suite} would be b12.S27.3804 desirab(e to fufiure homeowners, in this price point, and in this Fax neighborhood as wel{. 612.827.d800 Scope of the project includes a 12' x 27' foundation qdd�r�on to the norfh side of the home for the addition of a single tutk under garage stall and main floor remodelladdition to include a new Master Suite. (The deck off the Master Bedroom, at rear, is proposed for future construction.) 5) Explain practicai difficulfiies fiha# result in reasonable use/ars based o� a problem tfiot is unique to the property/are not caused by the (andownerldo not alter the essential choracter of the locality: The homeowner is restricted by the origina( placement of the house an the {ot, with the left/south side setback existing at 19.5" and the norfh at 16.5'. So the addition of a garage stall on the north side automatically encroaches in tf�e setback and creates practica! difficulties. �:" www.whitecra�econstructian.com Exteriar materials are planned to match the existing siding, fascia, soffit, shingles, and roof p'rtch to maintain the original architectura! elements of the home. Overal! height of the addi#ion is proposed at 22' and is designed to not exceed the existing ridge line. Therefore, the averall character ond of the home, land, and neighborhood wo�td be maintained. 6j Research of alte�nate ways to do the project: Discussions of adding a detached garoge in the rea� of the yard was research and determined � � to be unsuitable for the grade and the wetlands in the rear yard. Also, an option for changing the existing single stall to a standord double was discussed. Ta make this change the existing north foundation gc�rage wall which is full cement 61ock would need to be removed. 1t currently reta;ns the grade on the north side and is o main bearing wal) of the main floor house structure. Typically remaving ihat wall means adding the necessary beams, posts, and footings inside the garage. And because that new beam is i� the middle af where a vehicle would park no posts tould be installed. Structurally speaking, that would require a beam deeper than the existing floor system above. Or by adding a dropped beam, both of which would be lower than the existing ceiling. However, insids this garage there is an additiona( hardship. The finished teiling height inside the garage is only 7'-2" Office and already l�os a Low Clearance height overhead garage door and door �ool 28�h Ave s irack hardware, which is already shorter than standard (a standard overhead garage door is 7'). Therefore, we are already at a minimum Minneapolis, MN h�adroom height and are not able to add ony dropped beams for 55417 support, as that beam would sit on the front garage wall and thusly, no garage daor would fit. So, i# was determined tfiat ❑dding an attached single sta11 to the existing was necessary. A s#andard garage stall is typically 12' wide with a standard overhead garage door at 9` wide. Because the new north wall Tel. will need to be cement block, as it wil) qlso function as the retaining 612.827.38d0 wall, the interior space of that new stall would only be 11 '-2" inside. Fax Also, because it is a tuck under garage, typicalfy that exferior wal{ is insulated and would again reduce the overaff i�terior widtfi of that new b12.827.4800 s#a11. With most of the exis#ing block wall {between the two stal{s} to remain that stall will need to maintain that width ta allow for vehicle doors fio open without hitting block walls. The proposed variance of adding a single attached garage s#til) is the also the best option to main#ain the essentia! character of the neighborhood and Gotden Val{ey r�s a whole. Another benefit of having the single garage stall, architecturally speaking, we are able to maintain the original stone and stone corbels on the existing garage facade. In our proposed design, we wanted to be sensitive #o the addition of a new garage stall and therefore have stepped the front of the new garage sta(I back 2'. This alfows us ta have a visual break of the fron# elevation, all of which will add to the beauty of the new addition. �.c�_� �. v, .,_ www.whitecraneconstructio�.corn Therefore, we feel we are proposing the best solution with minimal d'+sruption o� the !ot/land, maintaining the architecturol character of the home, working within the existing hardships, to aflow for a two car garage for the homeowner, future owners, the neighborhood, and the City of Golden Valley_ Thank you for yaur consideration, ,r''��� Lynne ears, A(A & ASlD Allied Senior Designer WHITE CRANE CONSTRUCTION 5001 28'h Avenue South Minneapolis, MN 55417 612-$27-38fl0 (ynne(�a whitecraneconstruction.com Office 50fl1 28�h Ave S Minneapolis, MN 554i7 Tel. 612.827.3$00 Fax b 12.827.4800 . '?�_ www.whiteCraneconstruCtion.com . �,~ � � i� i I� , � - � k � il � � �--r-=,-�--;---� � � il, � i ' � i I .y i i� �t't� '�� � I � �, � 'i� Q' , �,I : � , _j �� � ;,, , , � �. / ' �-�-- ' � f {i i�►_�- ri. 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Applicant Information: Name; ��w+t��,tift��_ IYt�C�j''�� ��p/�1 Address: j�Z�J ��E1��1 ��� �oL� �f/`�.�.�=�1 �/!h! 'S�2'1- Email Address: �v�bh?�� @ 011Ti�G�� . ��1� Phone Number: ��.'�� ' ��5 3. Provide a detailed description of the variance(s) being requested: �� � =a ���c� ��- , 4. Provide a detailed descrip#ion of need for a variance from the Zoning Code,including: • Description of building{s) • Descriptian of proposed addition(s) • Description o#proposed aiteratian(s)to property �� ���C<�1 ! �� 5. AAinnesota S#ate Statute 462.357 requires that a property exhibit"practical difficulties"in order for a variance to be cansidered. Practicai Difficulties: • resuit in a use that is reasonable. • are based an a problem that is unique to the property. • are not caused by the landowner. � do not atter the essentiaf cF�aracter of the locality. To demonstrate how your request will comply with Minnesota State Statute 462.357,please respond to the following questions: Explain the need for your variance request and haw it wilt result in a reasonable use of the property. ,i'� ' �i°tj�-1�����' • � �� ..�'�`�j�-,° What is unique about your property and how do you feet that it necessitates a variance? � �f Explain how the need for a vaciance is based on circumstances that are not a result af a landowner action. ��� � Expiain how, if granted,the proposed variance wili not aiter the essential character of your neighborhood and Galden�alley as a whole. �� �tf��i�� 1/�C�J�t�IG� !�t'1�.��- 6. The�ty requests tfiat you consider al)available project options that are permitted by#he Zoning Code prior to requesting a variance.ThQ Board of Zoning Appeais wil)discuss alternative options to seeking variance with you at the public hear'rng. Please describe alternate ways to do your project that do not require variances to the Zoning Code. �� �7��rG'�"t�t� ��� l..�t��.t�'" 7. Flease submit a current survey of your praperty.You must indicate the proposed addition, including new proposed buiiding and structure setbacks, on the survey.A copy of Gotden Valley's survey requirements is avaifable upon request. Piease note that this application is considered incompiete wi#hout#he submittal of a current property sarvey. 8. Please submit at least one current color photograph of the area affected by the propased variance. You rnay attach a printed photograph ta this appiication,or you may email a digital image to t�lanninAC��oldenvatlevmn.�ov.You may submit additional photographs as needed. To the best of my knowledge the statemer�ts found in this application are true and correct. I also understand that unfess construction of the action applicable to#his variance reguest,if grarrted,is not taken within one year,the variance expires. 1 have considered all options affarded to me thraugh the�s Zoning Code,and feel that there is no alternate way to achieve my objective except to seek a variance to zoning ruies and reguiations. 1 give permission far Golden Valley staff,as well as members of the Board of Zaning Appeals,to er�ter my property prior to the public hearing to inspect the area affe�ted by this request. .: � _ �'Gu,,�t��- �lr4 ' ��A Signatur f Applicant � ]�111��t (/'��Ot�Q �-�-t�t.�'�r��- !f the applicant is nat the owner of ail property involved in this application, pfease name the owner of this property: t�otl�t�NlMl�fiJs,1�'��'1� , ����� � Print Name of owner Si ature of owner � $150 Applicatian fee Attached{for Single Family Residentia(j $250 Application Fee Attached (for all other Zoning Districts) Please note:The City o�Golden Valley will send notice of your variance request to all ad}aining property owners as well as owners of properties directly acrass streets or alleys. Your neighbors have the right to address the Bot�rd of Zorring Appeats ot your public hearirrg. You are advised to personalty contact your neiyhbors and explain yoe�r project to them prior to the pubtic hearing. Minutes of the Golden Valley Board of Zoning Appeals May 26, 2009 Page 7 isch asked the applicants if there would b one or two garage doors on the propos n addition. Mr. Bigfiam said there woul be one garage door. Kisch said he is e with the ck of articulation in this case. He ad ed that a 20-foot wide garage mi work becau there would be sufficient work/st rage space in the back of the age. Hogeboom erred to the survey and sta d that he believes the f t yard variance request for 5. . off the required 35 ft, to distance of 29.5 ft. ' correct as stated in the staff report. Sell asked if 22 feet x feet is standard or a two-sta arage. Hogeboom said there are not written standards or m �mum require ents but ' has been comman practice by the Board to consider a 22 foot x foot gar e a m' imal finro-stall garage. Nelson asked if the existing house con i ed non-conforming because it is located 34 feet from the front property line. Hoge said it is not considered non-conforming because it was built prior to 1982. Seg m asked if the proposed new garage addition would require a variance if it was bui alo g e same front plane as the existing garage. Hogeboom stat�d that any new co truct on w d have to foilow setback requirements so the proposed addition would re re a on foot va ce even ifi it were built along the same plane as the front of the xisting g rage. Sell opened the public he ing. Seeing d hearing no one ishing to comment, Sell closed the public hearin . MOVED by Segelb m, seconded by Ki ch and motion carried una ' ously to approve a variance for 1 ft. the required 35 ft. t a distance of 34 ft. at its clos point to the front yard (east) prop rty line to allow for the onstruc#ion of a second garage il. MOVED by elson, seconded by McCa and motion carried unanimously to a rove a variance f 5 ft. off the required 15 ft. t a distance of 10 ft. at its closest point to side yard (so h) property line to allow for th construction of a second garage stall. MOV D by Segelbaum, seconded by Ki ch and motion carried 4 to 1 to approve a var nce allowing the wall of the additio along the south property line to be 37 ft. in length w' out articulating to allow for the const uction of a second garage stall. McGarty voted 1315 Angelo Dr. (09-05-05) Moh�mmad 8� Mariam Vedadi, Apulicants Request: Waiver from Section 11.21, Subd. 11(A)(3)(b) Side Yard Setback Requirements • 9.5 ft. off#he required 12.5 ft. to a distance of 3 ft. at its closest point to the side yard (north) property line. Minutes of the Golden Valiey Board of Zoning Appeals May 26, 2009 Page 8 Purpose: To allow for the construction of a second garage stall with living space above. Hogeboom referred to a survey of the property and expiained the applicant's proposal to build a second garage stall with living space above. He stated that staff has some concern about this proposal regarding drainage and the proposed 3-foot distance to the north property line. He said staff is recommending approval of the proposal however they felt it would be better if the second garage stall were built 6.5 feet away from the property line rather than 3 feet as requested which would allow the applicants tv have a 20-foot wide garage. McCarty said he would feel comfortable allowing the proposed garage to be located 5 feet from the side yard property line. Kisch asked if staff s main concern is the grade of the lot. Hogeboom said yes. Segelbaum asked if there are reasons the applicant couldn't build a detached garage to the rear of the house. Hogeboom said it would be possible to build a detached garage on this lot however it would cause a greater disturbance to the lot and a new driveway would require a 3-foot setback from the property which might also require a variance. Mohammad Vedadi, Applicant, stated tF�at he is proposing a second garage stall because currently he has a very small single stall garage. He stated that he originally wanted to add a '12.5-foot wide garage stall on the north side of his property, however when he had the property surveyed he realized that property lines weren't located where he thaught they were and the existing garage was located only 12.5 feet away from the side yard property line. He referred to the staff recommendation and noted that if he built a 20-wide garage as recommended the inside dimension would only be 18 feet. He referred to the suggestion of building a detached garage in the back yard and explained that trees would have to be removed, there is a steep slope, he would still need a variance for a new driveway and it would look bad aesthetically to have a garage in the back yard. McCarty asked about the dimensions of the proposed garage. Vedadi stated that if he built a 9.5-foat wide addition the dimensians of the garage would be 21.5 ft. x 22 ft. Sell asked if the outside wall of the existing garage would remain. Vedadi said the existing exterior wall would be removed. Self asked if there would be one garage door or two. Vedadi said he would like to have 2 separate garage doors. Vedadi referred to the survey and noted that the hause was placed odd(y on lot. There is 22 feet of side yard area on the south side of the lot and only 12.5 feet on the north side of lot. He noted that there is an additional 17 feet between the property line ar�d the neighboring property to the north. Sell said he is concerned abaut there being enough room along the north property line for maintenance. Segelbaum added that if the Board allows a variance for the garage addition Minutes of the Goiden Valley Board of Zoning Appeals May 26, 2009 Page 9 to be built that he would like staff to review the plans again because it would be changing the staff recommendation of 6.5 feet. Hogeboom stated staff will review the plans again as part of the building permit process and the drainage and erosion control permit process. Kisch asked the applicant what he would like the inside garage dimensions to be. Vedadi said if he stays 5 feet away from the property line the inside dimension would only be 19.5 feet in width. He said the variance he is requesting would allow a 21.5-foot inside dimension which is a minimal 2-stall garage and it will nat ruin the aesthetics of the neighborhoad. Segelbaum asked the applicant if he has spoken to the neighbors to the north. Vedadi said he has spoken with his neighbors and they are content with his proposal. Segelbaum asked the applicant if had considered building a tandem garage. Vedadi explained that there is an existing bathroom located directly behind the garage so if he were to build a tandem garage he would have to build it to the front of the house which would look bad. He said he has considered every option and what he is propasing will work the best. Segelbaum said he is concerned about the neighboring house ta the north. Vedadi noted that the neighbor's house is set back 15 feet further on their lot than his and that they have said they feel it will be ok visually. McCarty said he is not comfortable with the variance request allowing the garage to be 3 feet away from the side yard property and that he would be more comfiortable allowing the garage to be 5 feet from the property line. He added that he feels a detached garage could be added ta the rear of the house. Vedadi reiterated that he would be opposed to building a garage in the back yard because logistically and aesthetically it wouldn't work. He added that there would also be a lot of additional concrete needed to build a garage in the back and there is very limited storage space and living space in the existing house so they want the living space above the proposed new garage space. Segelbaum suggested the applicant buy some property from the neighbor to the south. Sel1 stated there could be issues buying property from the south because this property is not platted. Kisch stated tha# grading the rear yard in order to build a garage may cause more drainage problems. He said it would be environmentally better to build the garage addition to the side, rather than to the rear, because there would be Iess impervivus surface and run-off. Sell agreed that there are some grading issues with this lot. Hogeboom stated that staff agreed that there would be more impact to the surrounding properties if a garage was built in the back yard. Sell suggested allowing a 4,5 foot variance in order to al{aw the applicant to build a 20-fioot wide garage. McCarty stated that 5 feet is the setback requirement for sheds and detached garages so he would feel more comfortable allowing a 5-foot variance. Minutes of the Golden Valley Board of Zoning Appeals May 26, 2009 Page 10 Sell opened the public hearing. Ned Van Hamm, 1300 Angelo Drive, said this is ridiculous because there is almost 20 feet befinreen the Vedadi's property and the neighboring house to the north. He said it is not Mr. Vedadi's fault that the original survey of his property was done incorrectly. He said the City has given variances to other parts of the City such as Hidden Lake and what the Vedadi's are requesting is reasonable. Seeing and hearing no one else wishing to comment, Sell clased the public hearing. Nelson said she would advise the applicant to move before she would advise them to build a garage in the back yard. She said putting a garage in the back yard would devalue this property and possibly the surrounding properties as welL Kisch said he is in favor of granting an 8-foot variance to allow for a 20-foot wide garage to built 4.5 feet away from the property line. Segelbaum added that the Board's role is to look a# the reasonableness of proposals and to improve the value of properties without destroying surrounding properties. He said he feels that a 3 foot side yard setback is too small and he agrees with Ki$ch's recommendation of allawing the garage to be built within 4.5 feet of the property line. MOVED by Kisch, seconded by McCarty and motion carried una�imously to approve a variance for 8 ft. off the required 12:5 ft. to a distance of 4.5 ft. at its closest point to the side yard (north) property line to allow for the construction of a second garage stall with living space abave. 1 Westwood Dr. S. (09-05 06) Re cca Krantr & John Fra er A licants Reques Waiver from S ction 11.21, Subd. 11(A ) Side Yard Setback Requirements • . ft. off the required 1 . ft. to a distance of 9 ft. at its closest poi o the ide ya south) property line. Purpose: To allow for t onstruction of a second garage stall with living space above. Request: iver from ection 11. , Subd. 11(A)(3)(d) Arkiculation equiremen • The wall o the addition along t south property line will be 40 ft. in length ithout articulating �.��� ��` .: Pianning Department �s�-s�s-sa�s/��s-5��-s�a�(fax) Date: October 16, 2013 To: Board of Zoning Appeals From: Joe Hogeboom, City Planner Subject; 3900 Glenwood Avenue David Strand, Applicant Background David Strand, representing the owners of the property at 3900 Glenwood Avenue, is seeking two variances from City Code to allow for construction of a new house, the construction of a pool, and the construction of a pool house. Mr. Strand appeared before the Board in August and was granted variances to accommodate his proposal. However, as plans for the property evolved, the location of the proposed pool and pool house changed slightly. A copy of the proposed site plan is attached. It shows the current proposal superimposed over the proposal that was shown to the Board of Zoning Appeals in August. The primary reason for the shift in the plans was due to the grade and elevation of the site. Variances that are granted are specific to the plans that are submitted and reviewed by the Baard of Zoning Appeals. Therefore, if there is a change to the plans, new variances must be obtained. Variances The proposal requires a variance from the following section of City Code: • Section 11.21, Subd. 12�A)(1)Accessory Structure Location Requirements. City Code requires that all accessory structures be located entirely to the rear of the principal structure. The applicant is seeking a variance to atlow for the construction of a pool that is not entirely to the rear of the principal structure. • Section 11.21, Subd. 12(A)(1)Accessory Structure Location Requirements. City Code requires that all accessory structures be located entirely to the rear of the principal structure. The applicant is seeking a variance to allow for the construction of a pool house that is not located entirely to the rear of the principal structure. °185 Sc�rtsayr�cl���~�' 2UA�= '� �, =,� � �,� � , 2 tI6 2 t� � 145 � � 2flQ ��"��; ��� �� ��e� `�� n� m � �t�ic� � �-�' � = �, � � , : ��m .�: , i � �?" �` � �f2f1 �4t1t7T qt1U4 � 412U /2 5 ...,�' ,.� �� i � � �� 4tt10 �� 4�1t� 4f�t�8, � � � �� 1 f15 � 4pt18 ; .,.3 ' . ,. ;� . ��►��5 � ��� a�r��r„af€���r � ��#�t�d�r� �lP�'�h �'�C�tC�C��1 F��r�£ ��� S��b�r k�t �� � +5025 4U15 4U11 4QtiJ � w� � -��" 4(11� � , 97 �. „��� � A115 `„�`� � 9 �40qt1 s i ��, �� °~�: �soa , � � , #, ar�2a aaci�z ��ao ��20 >,� � F�.,�._.., _,. _.�� �,, Subject Property ,��aP�rlSdcF[rt,�F�v� �.. . . . �wxt+rrserM�rsrx�t«�sstr�n x„ � � '�' �..�-..-°---�-.-..e..��^"'�,..-�^" . p.° _., � 8 � � �� ��r �� � �.�. �� � �?i ��o� ,; �:a��� �� ��7� -� �. � �°� =n��� �: 1� 1� ' 100 � � ;'� 141 u � � s.r°' � 10tT � �.'� �� 108 _ � ,� 109 212„ 2C38. �� � 108 .�,�3 � ��;� � ii'� �.�. � �,� ..� 'C'[7 �' 3�������� � , � � � ' �'�,� y�� °�'�° �� 2A4 � 2t�1 �� � < 2itt. 2i�1 � � ti ��, � 2415 � 24$ �'�'-'� P 09 �21 Z. 209 213 �,� � �" ��s� ������ � ?*° I �Q$ ... � s,� �.�.�a�S � � � . Board of Zoning Appeals, You recentiy reviewed our request and approved several variances that were essential for my ciient's new home at 3900 Glenwood Avenue. I am sorry to take up more of the board's time but our site and project has evolved, and along with it subtle changes to the location of the pool and pool house. I think you will find this plan to be substantially similar and meeting the original intent of the prior variance. After scrubbing out the majority of brush, dead, and undesirable trees we were able to stake out the location of our house, pool and pool house more accuratefy and gain a better understanding of the grades and siting along the park. As was our original intent, we desire to be site sensitive to the placement of the structures and their impact on the park, neighbors and street below. The improved layout of the current plan adds separation to Theo Wirth Park and it's forest canopy, reduces infill of the natural grades toward the park while providing privacy for the neighbars and continuing a complete visual separation from Glenwoad Avenue. Thank you for your time, ._.- - K�_ David Strand Project Designer/Manager Kelly Phillips Nathon Bailey Owners Minutes of the Golden Valley Board af Zoning Appeals August 27, 2013 Page 7 McCarty said he doesn't see a hardsh' in this case. He said he agrees the request is rea ble but the applicants bought e property knowing it ha long driveway on Meadow axwell said that if th applicants had c c ed the driveway he wauld agree. Nelson noted that the new varian � ulations, as compared to previous regulations, don't require the Board to find a shi She ' ted that the applicants were told they could have a second acces axwell a ed that the rea r�t City doesn't allow second curb cuts is the cost in this case th City isn't paying for it. Maxw oted that a motion had een made. The motion was approve�' unanimously to al the constructian of a seco street curb cut on Glenwood Avenue 3900 Glenwood Avenue David Strand, Applicant (13-08-19) Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(2) Front Yard Setback Requirements • 21.33 ft. off of the required 41.33 ft. to a dis#ance of 20 ft. at its closest point ta the rear yard (north) property 1ine. Purpose: To allow for the construction of a new house. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12(A)(1) Accessory �truc#ure Location Requirements • The proposed pook would not be located completely to the rear of the principal structure as r�quired. Purpose: To allaw for the construction of a paol. Req4est: Waiver from Section 11.21, Single Family Zoning pistrict, Subd. 12{A)(1) Accessory Structure Location Requirements ' • The��roposed pool house would not be located completely to the rear of the principal structure as r�quired. Purpose: To allow for the construction of a pool house. Hogeboom referred to a survey of the property and noted that it is adjacent to Theodore Wirth Park. He explained the applicanYs request to remave the existing house and build a new house with a pool and pool house in front of the principal structure rather than to #he rear of the principal structure as required. He added that the Minneapolis Park Board has stated that they have no cancerns about the proposal and that he has received several signatures from the neighbors supporting the proposal. Minutes of the Golden Valiey Board of Zoning Appeals August 27, 2013 Page 8 Boudreau-Landis asked how long the Zoning Code has required that accessory structures be Iocated to the rear of the principal structure. Hogeboom said he didn't know how long that requirement has been in place. Nelson asked if the existing house is in conformance with Zoning Code requirements. Hogebaom said no. Maxwell asked why the pool is proposed to be located in front of the house. Hogeboom said that the front yard is more private. Fonnest asked if the house and/or pool house would even be able to be seen considering the elevation of the property. Hogeboom stated that ths applicant intends to keep many of the trees as well, which will screen the house from view. Nelson said she has no cancerns about the first variance reque�t regarding the location of the house when considering the topography, but she is concemed about locating the pool and pool house in front of the house. She stated that �he likes to be consistent when considering variance requests and that while this proposal is attractive another proposal with an accessory structure in the front yard may not be. Maxwell agreed and expressed concern about setting precedent. He questioned why setback requirements can't be met if the existing house is being torn down, David Strand, Project Designer and Construction Manager, representing the owners, stated that this is a unique property arid that`because of the topography the house can't be seen from the street. He statec!that h� could install a 6-foot tall fence along Glenwood but they would rather screen the house naturally. He stated that the pool house is similar to a garden structure and those are allowed in front yards. Also, by pushing the house further back on the lot they can preserve trees, get the pool in the sun and allow space for a turnaraund. He stated that the neighboring property owners are supportive of the proposal and placing the pool in the back yard would put the activity closer to the neighbors. He said the proposal is site sensitive and that thsy did consider many other designs. IVla�cwell asked about the designs they cansidered. Strand stated that it,is a one-story home and that anything extra was pushed to the basement �o they ar� not;�uilding a giant "mcmansion" house looming over the neighbors. He reiterate� that no one driving by the house will be able to see it or the pool house. Fonnest asked how the pool house is similar to a garden structure. Hogeboom stated that the pool house is connected to the house by a wall so it will look like it is part of the principal structure. Strand added that the proposed pool and pool house are well within the front yard setback area. Maxwell asked Strand abou# their plan to conserve trees. Strand stated that there is a lot of buckthorn and shrubs that will be removed, but there is an oak tree he is concerned about and if the house is moved forward on the tot they could lase that oak tree. Minutes of the Goiden Valley Board of Zoning Appeals August 27, 2013 Page 9 Nelson said she understands placing the house further back on the lot to allow enough room for a turnaround. She asked if the pool were not part of the proposa! if the house would be pushed as far back on the lot as is currently proposed. Strand said no, and added that the owners want the pool and hope that this proposal is reasonable and acceptable. Maxwell opened the public hearing. Hearing and seeing no one wishing to comment, Maxwell closed the public hearing. Fonnest said he would like to better understand precedent and what it might mean far future proposals, but he also knows that the Board takes into consideration the uniqueness of a property and the viability of a plan. Boudreau-Landis stated that there are many examples along Glenwoad where a garage is located in front of a house in order to get the house further away from the busy street so he feels precedent has already been set. Maxwell stated that the Board is not bound by prec�dent, but he does like to strive for consistency. McCarty said he thinks it is a nice plan but the pool house could fit differently on the property and no matter what is built it would be screened from Glenwood. Nelson agreed that the plans are well dane and she is not concerned abaut the rear yard setback for the location of the house but, the Board wouldn't be consistent if they allowed an accessory structure in 'frant o�f the house. Maxwell agreed with Boudreau-Larrdis fhat this proposal wouldn't necessarily be out of character with the neighborhaod; He expressed concern about losing some trees if the hause is moved closer to the front of the lot. Nelson stated that a garage is more of a necessity than a pool house. Fonnest stated that he appreciates the consideration of the topography and vegetation and the desire to set�he house back from Glenwood. He said the design is beautiful and wou�d be;a welcc�me addition ta what is currently an the property. Maxwell said he doesn't think the proposed use is unreasonable. He said he is considering the preservation of trees, the topography and that allowing an accessory structure shielding them from Glenwood is not unprecedented. He added that the proposed pool and pool house will not be located in the front yard setback area, they would b� located to the front of the house. MOVED by Fonnest to approve the first variance request for 21.33 ft. off of the required 41.33 ft. to a distance of 20 ft. at its closest point to the rear yard (north) property line to allow for the construction of a new house. Minutes of the Golden Valley Baard of Zoning Appeals August 27, 2013 Page 10 McCarty stated that he thinks all of the variance requests are tied together because if the Board approves the first variance, the applicant could redesign his proposal and might not need variances. Maxwell suggested that the first two variance requests go together because the pool house could possibly be scaled down and not require a variance. Hogeboom stated that the proposed pool house is over 120 square feet in size so it is considered to be a structure, Maxwell suggested that the pool house could be incorporated into the design of the house and that more of a garden structure could be placed in front of the house. S#rand stated that they will need an accessory structure for the bathroom space. McCarty s#ated that the bathroom space could be moved into the house and the location of the h4use could shift, then a variance would only be needed to allow the pool in front of the house. Boudreau-Landis asked if the back wall of the house needs to be articufated. McCarty stated that only side walls are required to articulate. Fonnest withdrew his motion. MOVEQ by Fonnest and seconded by Boudreau-Landis to approve the first two variance requests as follows: 21.33 ft. off of the required 41.33 ft. to a'distance of 20 ft. at its closest point to the rear yard (north) property line to allow for the construction of a new house and the proposed pool would not be required to be facated completely to the rear of the principal structure. McCarty reiterated that if the pool house were nat part of the proposal, then tk�ings �ould be shifted around and variances might not be needed. Maxwell said the applicant's proposal is to have a turnaround area as well. McCarty said he thinks that would be attainable without the need for variances as wefl. Nelson said she thinks a pool can't do anything #o horribly affect the aesthetics, but a poo! house could. McCarty said he thinks the plans could be reversed and the pool could go'in the back yard. Strand said he understands the Board's hesitation. He explained that the site is unique because it is completely enclosed by trees and they are trying ta be sensitive to the site. He noted that t�e paol wauld lflcated 6Q feet away from the front yard property line and if the house were shifted forward on the Eat the existing oak tree would need to be removed. He stated that placmg the pool in the back yard would impact the neighbors a lot more than placing it in front ofi the house and that the way they are proposing to build this home is much less impactful. He reiterated that there are many accessory structures located in front of the principal structures in this area, Boudreau-Landis said it mak�s sense to vote on the variance requests altogether. He said he agrees there are other options but the back wall of the proposed new house will be further away from the rear yard property line than the back wall of the existing house. Maxwell said he would like to try to preserve the trees and added that the house will sit high up on a hill and won't even be noticeable. Fonnest withdrew his second motion and MOVED to approve all three variance requests as follows: Minutes of the Golden Valley Board of Zoning Appeals August 27, 2013 Page 11 • 21.33 ft. aff of the required 41.33 ft. to a distance of 20 ft. at its closest point to the rear yard (north) property line to allaw for the construction of a new house. • The proposed pool would not be required to be located completefy to the rear of#he principal structure. • The proposed pool house would not be required to be located completely to the rear of the principal structure. Boudreau-Landis seconded the motion and the motion carried 3 to 2. Mernbers Nelson and McCarty voted no. 3 Western Terrace C artes Rue A licant 13 8-20 Req est: Waiver from Sec on 11.21, Single Family Zoning District, S . 11(A) ) Rear Yard Setbac Requiremen#s • 1.6 ft. ff of the required ft. to a distance of 3.4 ft. at i osest point to the rear yard (w t) property line. Purpose: To b ' g the exist g tree house into formance with setback requirements. AngeU explained that the ap icant s reques ' g a variance to bring his existing tree house into conformance with ni Cod equirements. He added that the tree house was originally built in 2009. McCarty asked if this is a case of e two conflicting surveys or if the applicant used a survey of the neighboring prop n 'ust measured incorrectly. Angell said he thinks it's the latter. Fonnest asked why the cond su ey was one. Angell said the second survey was done as part of th�s v iance requ st. MaxwE�l asked h this issue ca up. Hogebo there was a complaint. He explained that e houses aren't ddressed in the oning Code and that the only method of re lating them is if th are 120 square t or larger in size, then they are considere o be an accessory st cture and are requi to follow the same requirem nts as accessory struct res. Maxwell noted th the tree house in question is anly 11 square feet in size. Hog boom stated that the en faotprint of the tree house is lar r than 120 square feet. M ell asked if the tree house would have to be taken down if a variance isn't anted. Hogeboom said the applicant could appeal the Board's decision if that is the case. �- Zoning Code Variance Application • Street address: 3240 Glenwood Avenue, mlden Vailey_,MN �,�4_22 • Applicant Informadon: Name: David Strand,Strand Design Address: 959 Si.Clair Avenue St.Paul,MN SS10S Emai]Address: david@stranddesigns.com/contactstrand@gmail.com Phone Number: (7i5)497 3268 • Provide a detailed description of the variance(s)being requested: Reduction oi rear yard setback. We are pro�sing to place the back wall of the one story principa!structure 20'-(I"away from rea�property line versus the 41'-4" required. Accessory structure and paol within front yard. We are proposing fo place a paol and pool house in front of fhe principa/structure. The pool would be setback from the front property line a minimum of 74=0"and the poo!house would be setback from the front property line a minimum of 60'-0". The required front yard setback for a principal structure is 35=0". . • Provide a detailed description of need for a variance from the Zoning Code,including: • Description of building(s) • Descriprion of proposed addition(s) • Description of proposed atteration(s)to property The principal structure will be a modesi scaled low slung one story home with attached garage. The proposed pool structure will match the house in style and form. As turther explained in the following answers fhe requested variances are required to faciliiate in the practical, safe and responsible use of the site. • Minnesota State Statute 462.357 requires that a property exhibit"practical difficulties"in order for a variance to be considered. Prac6cal Difficulties: • result in a use that is reasonable. • are based on a problem that is unique to the property. • are not caused by the landowner. • do not alter the essential character of the locality. To demonstrate how your request will comply with Minnesota State Statute 462.357,please respond to the following questions: Explain the need for your variance request and how it will result in a reasonable use of t�e property. The proposed project requires the requested variances fo assist in a reasonabie, site sensitive, safe and e�ficient use of the property. The rear yard sefback reduction is requested to help minimize the noise polJution from the busy county roadway Gienwood Avenue, reduce/remove the siteline of the home from fhe street, maintain an exisiing treeline and to allow for additional vehicle turn around area fo eliminate backing onto ihe heavily traveled arterial roadway, Glenwood Avenue. Although we are requesfing a variance and reduction in rear yard setback, the setback of the proposed one story structure would be an improvement from the current condition and increase the distance between the neighbor and exrsting garage structure. The placement of the pool and poo/structure wiil provide a low slung buffer between the home and street and wil!assist in maintaining privacy beriveen the neighboring homes and the proposed home. While a 6'privacy fence is allvwed along the county road, Glenwood Ave, the proposed pfacemen#s would allow preservation of a large oak tree and facilitate the use of naturai screening ra provide a feeling of continuity between the adjacent Theodore Wirth Park. What is unique about your property and how do you feel t�at it necessitates a variance? The property is uniquely situated along a wooded section of Theodore Wirth Park, kifty corner from the city of Minneapolis and accessed off of Glenwood Avenue. The siie is elevated above the road and ihe rivo adjoining neighbors and is heavily screened from their views and the street. In order to salvage and utilize as much of this existing natural screening as possible the structure requires placement further toward the rear of the site. The grade difference from the street and rear neighbor can be seen in the site cross section. �th the requested variances we would be mitigating the impact of the heavily traveled county raad, Glenwood Avenue, by buffering the proposed residence from the sights and sounds of the traffic and pedestrians. This also aliows the ability to construct a vehicle turn around on site, so as to eliminate the need to dangerousiy back onto the curving County road fram the elevated site. Explaini how the need for a variance is based on circumstances that are not a result of a landowner action. The circumstances of geographic location and topography, as well as the access onto the county arterial road, Glenwood Avenue, are inherent properties of the sife and are noi driven by landowner action. The proposed home is of a modest scale and is placed tv minimize impact on the neighbors, reduce visibility and noise from the street and reduce the need to back onto Glenwood Avenue, a busy county road. Explain how,if granted,die proposed variance will not alter the essenrial character of your neighborhood and Golden Valley as a whole. tf granted, the proposed variances and structure would greatly reduce the possible impacts on ihe neighborhood and city. The project has been specificaily designed for this site to reduce the height, footprint, visibility and overall impact from the surrounding areas. The existing home and garage are taller and closer to fhe rear neighbor fhan the proposed structure. The proposed variances are requested with the inrentions of reducing the curreni impact, and naturally screening the home and uses from the neighbors and city and maintaining a feel of continuarion of Theodore Wirth Park. � : , '-- • T'he(Sty requests tttat you consider all avaiiabie project opti�s tbat arc pem�itoecl by the Zoaing Code psior m requesting a variance.The Board of Zoning Appeals will discuss alternative opfiious to seekzng variance with you at the public hearing.Piease de,sc:ibe alternate ways to do your pro,�ct thst do not t�cqnire v�riances to tl�e Zoiuing+Code. The attemate ways to cx�mplete the project would ignore the unique characteristics of the site and localrty and alfow poten�ally dangerous vehicu/ar activity. The options would result in a more intrusive project tv neighbo�s, city and Gfenwvod Avenus. . . • Please submit a ccirrent survey of your property.You mnst indicate the proposed addition,inciuding�w proposed building�d strucau�e setbacics,an the survey.A copy of Golden Valley's s►uvey re�uizements is avaitable upan . request.Please note that this a�lication is conr�idei�ed incompkte witha�at the sabmtittai vf a cnrt�at property survey. • Please submit at least one cwr.rent coior photogza�h of the area affected by the proposed vaziance.You may auach a print�ed photograph to this a�plication,or you znay email a digitat image to plauAUng�goldenvalleymn.gov.You may submit addidonat photographs as needed. To the best of my kuowl�ge the statemems iound i�e th�is apglication are trQe and correct.I also m�derstand tLat e�nle�constructfion of the actaon appticable to this variance reqnest,if granted,is not taken wit6in one year,�e V8I'IBACE e7Cj31TC3. I heve rnnsidered ali options afforded to me throngh the City's ZoninB Cale,and fe�el t�hat there i�no atberaate way ta achieva�ng ob3ective eac+ept to scek a variance to zoning rutes and regtalations. I give permission for Galden VaIley stat[,as wEll as members af tlte Board of Zaning APpeals,to enter my pmP�'tY P�or to the public hearing to inspect the area aliected by tisis request. �P��� ��r�d�C�� g of Appliamt If the applicant is not the owner of atl property involved in tt►zs application,please ua�ne the owner of this property: � . 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