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02-25-14 BZA Agenda Board of Zoning Appeals Regular Meeting Tuesday, February 25, 2014 7 pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes — January 28, 2014 Regular Meeting II. The Petition(s) are: 1343 Orkla Drive Lake West Development ICovington, LLC) Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(1) Front Yard Setback Requirements • 7.1 ft. off of the required 35 ft. to a distance of 27.9 ft. at its closest point to the front yard (north) property line. Purpose: To allow for the construction of a new home. Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(3)(b) Side Yard Setback Requirements • City Code requires an increase in side yard setback area for houses over 15 feet in height. The applicant is asking for a variance from this requirement. III. Other Business IV. Adjournment This document is available in aiternate farmats upon a 72-hour request. Please call t 763-593-8006(17Y: 763-593-3968)ta make a request. Examples of alternate forrnats may include large print,eCectronic,Braille,audiocassette,etc. Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals January 28, 2014 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, January 28, 2014 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Maxwell called the meeting to order at 7:04 pm. Those present were Members Johnson, Maxwell, Nelson and Planning Comr��sion Representatives Boudreau-Landis and McCarty. Also present were City Planner Jason Zimmerman and Administrative Assistant Lisa Wittman. I. Approval of Minutes — December 19, 2013, Regular Meeting MOVED by Nelson, seconded by Johnson and motion carried unanimously tq approve the December 19, 2013, minutes as submitted. II. The Petition(s) are: 1800 Mendelssohn Ave. N. Danette & Marlin Henrikson, Applicants (Continued ltem) Request: Waiver from Section 11.21, Singl� Family Zoning District, Subd. 11(A)(3)(c) Side Yard Setback Requirements • 3 ft. off of the required,12 fk. t4 a distance of 9 ft. at its closest point to the side yard (south) proper�y line, Purpose: To allow for:the construction of a deck/lift addition on the south side of the existing hc�me. Request: 1Naiver from �ection 11.21, Single Family Zoning District, Subd. 19 Paved Ar�a R�quirements • 1 ft. aff of fhe'required 3 ft. to a distance of 2 ft. at its closest point to the side yard (south) property line. f'urpose:. To allow for the construction of a new driveway along the side yard (south) property line. Zimmerman reminded the Board that this request was tabled at their December meeting. Since then, the applicant has submitted revised plans and is now requesting a variance for 3 ft. off the required 12 ft. to a distance of 9 ft. at its closest point to the south property line rather than 5 ft. off the required 12 ft. to a distance of 7 ft. for the proposed deck/wheelchair lift. Also, the variance request for the construction of a new driveway is now 1 ft. off the required 3 ft. to a distance of 2 ft. at its closest point to south property line rather than 3 ft. off the required 3 ft. to 0 ft. as proposed last month. Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 2 Zimmerman referred to the site plans and noted that the applicant is proposing to move an existing shed 3 ft. away from the north side yard property line. He explained that if the shed is moved to this location it would need to be 5 ft. away from the property line. Marlin Henrikson, Applicant, stated that the shed will either be removed from the property or it will stay in its current location. It will not be moved to the location shown on the plans. Maxwell noted that the Board's suggested changes from last month have been made. Zimmerman agreed and added that the proposed new plans allow more`distance"�frQm the proposed new deck/lift to the neighboring property to the south..F�e also noted tt�at the proposed amount of impervious surface has been reduced sin�e the Bo�r�l last ' reviewed this proposal. Maxwell stated that the reason the proposed construction has to be on the south side of the house is because the main entrance is on that side of�he house. He added that the applicant didn't build the house originally and did nqt choose�the location of the main entrance. � ,�; Maxwell opened the public hearing. Seeing a,nd he�ring no o�e wishing to comment, Maxwell closed the public hearing. ' ' Boudreau-Landis questioned the need for the �-foot wide paved area shown on the plans. Henrikson stated that he needs that width for access. He added that he also wants the edge of the driveway to go all the way to the retaining wall so there isn't an area of gravel between the edge of the driveway and the retaining wall. Maxwell added that the Veterans Administration also Mas certain requirements that have to be met. Johnson stated that itJooks like �his proposal addresses what was discussed last month and looks to be the best option. Nelson agreed and added that the proposal fits with the criteria that the Roard uses:;it is in harmony with the purposes and intent of the ordinance, it is c'onsistent with the Comprehensive Plan, the request is reasonable, the property is unique b�cau�e of the grade and the proposal will not alter the essential character of fhe I'o�alit�r:,;Boudreau-Landis added that the Veteran Administration requirements are unique to this case as well. McCarty asked the applicant if they had given any more consideration to moving the elevator to the east side of the house. He said the new design is nice, but it is very close the nei�hboring property and he still thinks there is a way the design can work on the east side of the house. Johnson noted that the stairs and a landing area can be built within the setback area without a variance so really there is only 1 ft. of the proposed structure that will be located in the setback area. McCarty stated #hat what is being proposed is much more substantial than just stairs and a landing. Nelson agreed it is more substantial, but it is not as close to the neighbor as it was is the previous proposal they reviewed. McCarty said he understands that the variance amount has been lessened but he still thinks the Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 3 elevator could be moved to the east side of the house. Henrikson added that moving the structure to the east would add another $24,000 to the project. MOVED by Nelson, seconded by Johnson and motion carried unanimously to approve the following variance requests: • 3 ft. off of the required 12 ft. to a distance of 9 ft. at its closest point to the side yard (south) property line to allow for the construction of a deck/lift addifion or� ��e south side of the existing house. `��'`„� '�E`i�,, (�, • 1 ft. off of the required 3 ft. to a distance of 2 ft. at its closest point"to t�ie side yard (south) property line to allow for the construction of a new driy�way along #he sc�uth property line. 245 Kentucky Avenue North Scott Newland, Newland Architecture, Inc., Applicant Request: Waiver from Section 11.21, Sinc�le Family Zonir�g District, Subd. 11(A)(1) FrontYard Setback Requirements • 1.19 ft. off of the required 35 ft, to a dis�ance:af;33.81 ft. at its closest point to the front yard (north) property�fin�. °:� �� r i. ;�, Purpose: To allow for the construction of an addition to the front of the house. Zimmerman explained the appficant's proposal to expand a second floor bedroom and add an interior elevator. He referred to the applicanYs plans and noted that the proposed expansion would not protrude out firom the'`house any further than the existing eaves of the house. Maxwell asked if;the foundatiomof t'he house is changing. Zimmerman said no and explained that if the proposed addition was a bay window it would be allowed without the need for a variance. It i's when the floor area expands that an addition is required to meet setback requirements. Maacwell asked why the proposed "bump out" area is necessary. Scott N�wland,�Architect for the project, discussed the required clearances in order to make the interior space wheelchair accessible and functional. He added that they also need to provide space for physical therapy. He reiterated that the proposed addition would go no further than the extent of the existing roof. Maxwell asked what other options were considered. Newland stated that they considered remodeling the entire house but it is not functional or feasible with the cost and the existing layout of the upstairs space. Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 4 Maxwell asked if there are any unique features to the property. Newland stated that the uniqueness in this case is not so much the site, it is more of how the inside of the house is configured, the location of the stairs, corridors, bathrooms, etc. Nelson noted that the house was built right at the front setback line, which the applicant did not do. Maxwell opened the public hearing, seeing and hearing no one wishing to co�nment, Maxwell closed the public hearing. '°'' '' McCarty said this proposal seems reasonable to him and that the adC�ition will be na more intrusive than the proposed bay window will be. Nelson agreed and added that it meets the criteria the Board considers. Johnson also agreed and added that the prQposed addition will make the home more in tune with the homes in the neighborhood. MOVED by McCarty, seconded by Johnson and motion carried unanimausly to approve a variance request for 1.19 ft. off of the required 35 ft. to a dist�nce of 33.81 ft. at its closest point to the front yard (north) property line to allow:fiqr the eanstruction of an addition to the front of the house. � 641 Westwood Drive South Curtis and Javne Olson,,Applicants Request: Waiver from Sec�i�n 11,21, 5ingle Family Zoning District, Subd. 12(A)(3) Side Yard Setback Requirements • 5 ft. off of the required 5"ft. to a.distance of 0 ft. at its closest point to the side yard (north) property line'. Purpose: To allow for the reconstruction of an existing deck in the same location. Zimmerman stated that this property has a deteriorating retaining wall located under the existing deck. The applicant wants to remove the deck, replace the retaining wall and reconstruct the deck. He stated that the north corner of the deck is located too close to the side yard property line and explained that plans from 1985 were located in the City's files that show the deck in its current configuration. Also, in 1991 the property received a variance for a new garage and breezeway addition. The deck was shown on the survey at that time but there was no mention of the deck in the meeting minutes. He stated that he is not sure why a variance for the deck was never obtained, but guessed that staff might have considered the setbacks for the deck the same way the concrete pool surround was considered. Nelson asked if the concrete pool surround was allowed to go right up to the property line at the time it was constructed. Zimmerman said yes. He showed the Board an illustration and explained that if the proposed new deck were angled in order to meet the setback Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 5 requirements it would still be approximately 10 ft. wide. Nelson noted that this home has been sold a couple of times since 1991. Maxwell asked if the deck in its current location would have always required a variance. Zimmerman said yes and added that it also should have received a permit. Nelson asked if the setback issue regarding the deck was discovered when the applicant decided to replace the retaining wall. Zimmerman said yes. Maxwell opened the public hearing. Seeing and hearing no one wishing fo commertt, Maxwell closed the public hearing. � Zimmerman noted that the applicant was not in attendance. Maxwell asked the Board if they would like to consider tabling this itern since the applicant was not present. The consensus of the Board was that the request did not need to be tabled. McCarty said he didn't think it would be a hardship to the appl,icant to build the deck in a conforming location because they would be lc��ng s�uch a small fraction of the deck space. Nelson stated that it is an unfortunate situation because the applicant is making the effort to replace the retaining wall properly and thcn disco�er�d they need a variance for the deck. Johnson said he thinks this situa#ion is unique because there is a pool. The applicants are not just asking for a variance''because`th,�y want a bigger deck. He added that the deck won't have an impact on any�nei�hborin�� roperty owners. Nelson stated that th� situation wasn't caused by the current homeowners; they were just trying to fix something that h�s been there for a long time. McCarty st�ted that if the deck was built in a conforming location the new deck would still be 10 ft. wid+e'whi�h is an a�erage deck width. � . � Bo4�dreau-L�ndis 5aid he is supportive of the applicant's request. He said he would feel differently if the deck had not been there for such a long time and if the neighboring house to the north were closer. Maxwell added that no one has ever questioned the location of the existing deck, the need for a variance came as a surprise to the homeowner and the homeowner wants a uniform- sized deck around their pool. McCarty said he doesn't think the fact that the deck has been there a long time should be considered a hardship, especially when the applicant is proposing to replace the nonconforming section of the deck. Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 6 Nelson noted that the application states that if the deck were built in conformance with setback requirements it would only be 2 ft. wide. Zimmerman stated that is incorrect, the deck would be approximately 10 to 12 ft. wide on the north corner if it were angled to meet the requirements. MOVED by Nelson, seconded by Johnson and motion carried 4 to 1 to approve the variance request for 5 ft. off of the required 5 ft. to a distance of 0 ft. at its closest point to the side yard (north) property line to allow for the reconstruction of an existing deck in the same location. 6005 Golden Valley Road Vladimir Sivriver dba EDS, Inc., Applicant p �. Request: Waiver from Section 11.35, Light Industrial�Zori�in��Distric�t,�Subd. 6(C)(4) Yard Requirements • 10 ft. off of the required 10 ft. to a distance of O,.ft. at its closest point to the rear yard (south) property line. Purpose: To bring the recently constructed driveway into conformance with Zoning Code requirements. Zimmerman stated that the Light Industrial zq�ing district requires one half (10 feet) of the side and rear yard setback areas to be used a5�a landscaped buffer. He stated that the applicant recently constructed a n�uv parking lot which ended up being 0 ft. at its closest point to the rear yard (south� property line. Therefore, the applicant is requesting a variance to allow the newly constructed parking iat to remain as built. Zimmerman explained #hat in`August 2013 the City issued a Stop Work Order for parking lot construction without a Starm Water Management Permit. In October 2013, the City issued a Storm Water Management Permit based on plans submitted by the applicant which showed a 10-foot setback'for the parking lot. In November 2013, a violation letter was issued upon inspection of,the parking lot. McCarty asked where the edge of the previous parking lot ended. Zimmerman said he didn't knaw the exact distance but he doesn't think there was a well-defined edge on the former parking lot. However, there was some distance between the edge of the parking lot and the property line. Boudreau-Landis asked about the setback area for the building to the south. Zimmerman said it appears that the building to the south is approximately 20 ft. away from the property line. Maxwell asked if the applicant received a Storm Water Management Permit. Zimmerman said yes, the applicant did receive a Storm Water Management Permit based on plans that showed a 10 ft. setback. Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 7 Boudreau-Landis asked if the applicant submitted plans for the new parking lot. Zimmerman said he didn't think plans were required because at the time the applicant was proposing to do a mill and overlay of the parking lot, not a reconstruction. Vladimir Sivriver, EDS Inc., Applicant, referred to topography he completed in 2006 which showed that the original intent was to accommodate flow to a culvert. He stated that in 2012 he completed plans for a proposed building addition and that the plans complied with the requirements. However, last year the property owner decided not to move forward with the building addition, only the repairs to the parking lot. He stated that when construction started on the parking lot they realized there was a high water table so they had to excavate more material. At that time they also realized that the existing culvert was,�filled with silt an� dirt, so the flow would come back into this parking lot and the outlet was,�viio�feet higher th��,n the existing culvert. He said construction of a culvert was stopped by the neig'hborirtg:�roperty owner so they proposed a new culvert and at that time they obtained permits and continued working on the property. He said there was a lot of misunderstanding and con�usion. He stated that they were just repairing the parking lot and that the majority of the parking lot had a 0 ft. setback from the property line and they had ta:remove exisfing curb and install new curb and gutter so there was confusion about that as welL He discussed an existing concrete swale along the edge of the parking lot and stated:that a grassy area would create more flow and worsen the conditions. Boudreau-Landis asked for clarification on wheth�r the edge of the previous parking lot went all the way to the property line. Sivriver.said yes: Johnson said the photos show that it did not. Sivriver said that only a small �c�rtion:along the edge of the parking lot was grass. McCarty asked Sivriver if he removec�;the bituminous. Sivriver said they didn't have access to the existing culvert so repairing,,the parking lot would have been for nothing. Nelson asked how long the current owner has owned the property. Barry Rothman, Vice President of Operations!for Bellboy, stated that the current owner has owned the property since 2005. Maxwell referred to #he application and asked for further clarification about the maneuvering of trucks. Sfvriver;stated th�t their new trucks are 75 feet long and that it would be impossible for the trucks to back up without destroying a 10 foot grassy area. Sivriver referred to a photo and noted th�t t(�e edge of the concrete swale was right on the property line. Johnson said he is not familiar wifih 75 foot long trucks. Rothman stated that they need more room to pull in and back up. Maxwell asked when the concrete swale was installed. Sivriver said it was installed in 2007 or 2008. Maxwell asked if it was installed because of water run-off issues. Sivriver said it was installed for the trucks to be able to back up and for the water issues. Maxwell asked if the concrete swale was there when the property was purchased. Rothman said he didn't recall. Maxwell asked if the property to the south would not let the applicant use the existing culvert. Sivriver said that was his recollection. Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 8 Johnson asked how the water table issue was discovered. Sivriver said that water came up during their excavation. McCarty asked if it was the high water table or the run-off that required them to build the concrete swale. Sivriver said he didn't know the history. He referred to the culvert situation and stated that they had to redesign the grade. Boudreau-Landis said he hasn't heard how the situation got to this point. Sivriver reiterated that the majority of the parking lot was always right on the property line. Boudreau-Landis asked Sivriver if the parking lot was removed. Sivriver said yes, because the water table had to be fixed. He said the project was treated as a repair and if it were a new parkin� lot it would have required new curb and gutter. Boudreau-Landis stated that the plan for�a 10 foot setback along the south property line wasn't followed. McCarty said he is hearing that the applicant was going to repair the parking lofi �nd then found out there was a high water table. He asked the applicant when he found out a permit was needed, when a new design was done, when he received a perrn'it �n�# when construction started. Sivriver said his plans show a zera'setback. McCarty stated that the plans Sivriver used should be the plans that were approved by�he City, there should be just one set of plans. Sivriver said they did some modifications°,,McCartyi;�sked if they were just going to do an overlay of the parking lot, then discqvered the water table and started tearing out the parking lot instead. Sivriver said he o.�tained permits from the City and from the Bassett Creek Watershed Management Commission. McCa�ty asked if the plans were redone to show the required 10 foot setback. Sivriver said the 10 foot setback was shown on the 2012 plans when they were proposing an addition ta the building, but there was a misunderstanding because the plans he has from when he obtained his building permit clearly shows a 0 foot setback. He:reiterated tha�.the edge of the parking lot was at a 0 foot setback along a majority of the property line. Johnson stated that the Bo�rd is,not goin��to be able to solve the timeline issue and suggested that they instead Iciok at the criteria they use to make their decisions. McCarty said he thinks the Board's decision does depend on the timeline because he doesn't know what drawing was used to issue the permit. Nelson said the drawings show a 10 foot setback area and the applicant is taere after the fact. McCarty asked what prompted the permit. Boudreau-l�andis said his understanding is that the initial plan was to overlay the parking lot, but then the applicant ran into problems which led to work stoppage, then they had to get a Storm Water permit based on plans that showed a 10 foot setback. Sivriver said he did the designs ten times. He noted that the silt fence goes along the prope�ty line to the existing conc�ete curb �hat has a 0 setback. Boudreau-Landis asked if the Watershed gave approval based''vn the 1 q foot setback. Sivriver stated that the Watershed doesn't look at setback requireme�ts they look at the existing parking lot and the new parking lot. Maxwell asked if there are unique features with the property other than the length of the trucks and the high water table. Sivriver said there is a large amount of roof drainage and there was no outlet created which leads to a large amount of water in the parking lot. Maxwell asked if that is a reoccurring issue. Rothman said yes. Sivriver reiterated that his understanding is that the permit allowed a 0 foot setback because the majority of the edge of the driveway was located on the property line. Minutes of the Golden Valley Board of Zoning Appeals January 28, 2014 Page 9 Maxwell opened the public hearing. Mike Abrams, 1109 Zane Avenue North, said there was never an overlay planned and that this has been a planned assault from the beginning including the applicant digging on his property without permission. He said when he saw them digging he went to the City to look at the plans and was asked "what plans?" Then the City issued a stop work order. He said there was a 10 foot buffer between the edge of the applicant's parking lot and the property line and that it did not go right up to the property line. Nelson asked Abrams if the grassy area shown in the photos was on hi5 property: Abrams said yes. He added that as far as trucks and trailers maneuvering, there is room for them to turn around without having to build the parking lot all the way to the'property line. Nelson asked if the concrete swale was built right to the property line. Abrams s�id he eouldn't tell by the photo. He stated that the applicant has done lots of things including using his property as a holding pond for their water. He said he's heard enough of"it's complicated" and "it's a misu�nderstanding." �� Maxwell asked if this issue is in litigation now. Abrams sa�d it is not in litigation yet, but it will be. ;,. McCarty asked Abrams if the applicant lit�rally'dug a holding pond on his property and how long it was before he noticed. Abrams said yes, and added that it took a couple of weeks before he noticed because his building has been emp�y for a while. Nelson asked Abrams how long F��,has owned tiis property. Abrams said he's owned it since 1991. ��'�9 .., �F Bill Skolnick, Skolnick & Shi,ff, P.A.;"�representing Mr. Abrams, stated that Abrams didn't know about the parking lot reconstruction until he saw them digging the hole. He said there is no question that work began without a permit. There are letters from the City showing that the applicant needed to have a 10 foot setback and the City has plans from the applicant that show a 10 foot setback for a new parking lot. He introduced R. Eric Zimmerman, R.E. Zimmerman Consulting, LLC. Dr. Zimmerman said the question is where the original parking lot was located befor'e any work was done. He stated that based on aerial photos there was 40 feet b�tween the`�north edge of Mr. Abrams building and the south edge of the paved parking Iot`or 20 feet of property on each side of the common property line. He referred to the cQncrete swale`��nd said that was put in as a stop gap. SkolnicKstated�that the applicant's parking lot was expanded. The applicant has been asking for forgiveness rather than permission and has disregarded the City's letters. He referred to a letter from City staff saying that there needs to be a signed agreement with Mr. Abrams. The applicant has never asked for a letter from Mr. Abrams and has never given Mr. Abrams any consideration or tried negotiating. Maxwell asked Sivriver when they knew they needed a variance. He said he knew when he �eceived a letter from the City. Rothman added that the culvert has never been cleaned or maintained and that an extraordinary amount of water comes out of the drains on the back of Minutes of the Goiden Valley Board of Zoning Appeals January 28, 2014 Page 10 the neighbor's building and erodes their parking lot. Sivriver said the purpose of this meeting is the 0 foot setback issue and it is his opinion that the majority of the parking lot was setback 0 feet from the property line. Seeing and hearing no one else wishing to comment, Maxwell closed the public hearing. Maxwell said the Board needs to focus on the criteria used when considering variance requests. Nelson agreed that the Board has been asked to consider a variance to allow a parking lot to be located 0 ft. from a property line and she doesn't think th� criteria have been met in order to grant a variance in this case. McCarty said that the need for the variance was caused by the landowner. He added'that he doesn't know which plan was issued with the City permit. Nelson noted that th�;app'licant received a letter from the City stating that there needed to be a 10 fioc�t setback from the edge of the parking lot to the property line. Maxwell asked about the water table issue. McCarty,,said the water table should have been discovered earlier in the process. He said it appea�s`that tf�� applica�t did the work, got caught doing the work then asked for a variance. He noted lipwever, that the Board of Zoning Appeals has granted variances in the past when errors have been made. Nelson said she doesn't think the variance request meets enough of the criteria used when granting variances. Johnson referred to the�riteria and stated that he thinks the proposal meets two of the criteria, it is a reasonable use and it doesn't alter the essential character of the locality however, there are no unique,;�ircumstances not caused by the landowner, and the variance is not in harmonry,wi�h`�°tf��pu�rpose and intent of the ordinances. E. �. MOVED by Johnson, seconded by Nelsan and motion carried unanimously to deny the variance request for 10 ft. off'of the required 10 ft. to a distance of 0 ft. at its closest point to the rear yard (south) property line to bring the recently constructed driveway into conformance with Zoning Cod� requirements. III. Other Business No other busin�ss was discussed. a�. IV. ,Adjournmen# The meetir�g was adjourned at 8:59 pm. George Maxwell, Chair Lisa Wittman, Administrative Assistant Gl�� J� Planning Department 763-593-8095/763-593-8109{fax) �i ,,. �. .�:�-- ��*��lu4,ai�l��'�P�Ip��.�:�� . "�uit',��9��A, . a�x� . _. . :�a�m`ui�� Date: February 25, 2014 To: Golden Valley Board of Zoning Appeals From: Nick Olson, Planning Intern Subject: 1343 Orkla Drive Lake West Development (Covington, LLCj, Applicant M� ;�.� : ..�� ,. �'' � ��.....�p��..W ,_ _ Lake West Development (Covington, LLC) is seeking two variances from the City Code for the new construction of a two-story home totaling roughly 2,277 square feet of living space with a building footprint measuring approximately 1,721 square feet. The lot is currently platted as two Iots which will be uncombined and developed as separate single family units, with the lot in question being to the north. The project requires a variance from the front yard setback requirements along Knoll Street of 7.1 feet off of the required 35 feet to a distance of 27.9 feet. City Code requires side yard setback areas to increase if the corresponding house wall is greater than 15 feet in height. The applicant is seeking a waiver to this requirement to allow the south side setback to remain 12.5 without regard to wall height. The Applicant states that these two variances are being requested because the current building envelope for the site would result in a long, narrow home with limited functionality that would not be consistent with the character of the neighborhood. Most of the neighboring properties along Knoll are closer than the required 35 foot setback, with a majority of them receiving variances. The lot directly to the west is 31.9 feet from the property line and received a variance for the work. The lot to the north across Knoll Street is 22 feet from the property line and was not granted a variance but was allowed. The lot to the east off of Orkla Drive is 21.9 feet from the property line and was granted a variance. The lot to the east off of Valders Avenue is 20 feet from the property and also was granted a variance. The applicant has expressed a willingness to move the home further north, thus requiring only one larger variance of 10.1 feet from the north property line to a distance of 24.9 feet. The proposal requires a variance from the following section of City Code: � Section 11.21, Subd. 11(A)(1) Front Yard Setback Requirements City Code requires front yard setback areas to be a minimum of 35 feet from the property line along a street right-of-way line. The applicant is seeking 7.1 feet off of the required 35 feet to a distance of 27.9 feet to the closest point of the proposed addition to the east front yard setback requirement. • Section 11.21, Subd. 11(A)(3)(c) Side Yard Setback Requirements City Code requires side yard setback areas to increase if the corresponding house wall is greater than 15 feet in height. The applicant is seeking a waiver to this requirement to allow the south side setback to remain 12.5 without regard to wall height. dfl M1-007 �� 1408 � 1467� �� 1A08 1AA7 14U6 ...._..... ��:�� . � � i . t�'"�t.. °,y ' � ..�,,,'"�"'" ....-..�-.;.....m 1A419 . .�q� . 8i9M1 --�� 1400 � . �a�..:- -.. ��.� �14tl1 .. . . � tA01 "�� ^ �,� .� tA09 `w._�,__....,__,�__--_.. ___ � >;.`��'��, . � � �_-__--�_ � ', ' - -- ____ K„�„�, ----.�._._ Subject Property ,�� , � �< o. '_'~----..�..�,� " �� __ � 1341 . " --""' . . . p .'�,^.,,_"---�--_.._.,,,,,..._.., _.--,--�-'v^-"_ a.,.waw � . 1339 . . . _ � �,.u•_8155� . �1348� . . �a '.� �. � ...� � � �133& � . N � . . ,.�„�... a "`�`—`------._.... , � `1335 . �..�13A3 .....---'""--W^'"� .. � 1�3 Y31&' . � . .. 1596 E . .. � . i13:10 4 � � � . .'"`�'-.--.-......._.:� tS27 �:. . '' ��.x795P . � � " . '-"_- 1329 .. .. . �M1332 . � � 7324� . . _"`-�-�...._ . � �"'*°�"-f� w,. . �.820b �.,.._ ,...P^ . .� —...,.,�_ 1�21[ � m � �1326 . .. �.`�`�,'�_ . 132f `13t� � . . � ,"""'-, -,'.---�-._. ��. ��'��'j�`�?F3i�C � � . ' 13 Y 3�� \ 131Q � ~`\ � � � j 13T2 : ' , . .., �_.___ . � d I, .:. . i � C7'' `..� .� . . ��'�.. � ': . ' � . ,,s � °,,, � � ,�„� . . °� ysys "`�-,� 3� - �? �...,� .. . �,. -�-.....,.��_ �m .. ,t:i4& . ry,;. �.� ,� - � city of olden � va e Zoning Code Variance Application 1. Street address: 1343 Orkla Drive 2. Applicant Information: Name: Lake West Development (Covington, LLC) Address: 14525 Highway 7 Minnetonka, MN 55345 Email Address: ben@lwestdev.com Phone Number: 952.653.2189 3. Provide a detailed description of the variance(s) being requested: We are requesting a variance to the (street) side yard setback from Knoll Street. The required setback is 35'; we are requesting a 27.9-foot setback, or a variance of 7.1'. We are also seeking a variance from (or waiver on) the increased setback requirement for homes exceeding 15 feet in height to allow our house to remain at the 12.5-foot interior setback line. 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 We are proposing construction of a two-story home totaling roughly 2,277 square feet of living space,with a footprint measuring approximately 1,721 square feet (including garage and porch). The maximum width of the proposed home is 33',while the buildable width of this lot of record, due to the required setbacks from Knoll Street and the interior side lot line, is approximately 25.9'. 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 property. We are proposing construction of a single-family home,which meets the intent of the City's zoning ordinance and comprehensive plan. As stated, the buildable width of the lot is only 25.9'; if granted the variance,we would develop the lot with a home that isn't of excessive size, but would meet the needs of potential residents and would match the character of new homes in the area. If the variance is denied, a home with a width of only 25.9'would have a very atypical look and layout, and with the garage would take up much of the 100-foot buildable depth of the lot. The intent of the increased setback for homes of a certain height would be partly met with our proposed design. The closest portion of the house to the setbacks on each side is a first- floor cantilever (though fairly low to the ground), somewhat a result of the ordinance requirement for variation along walls of a certain length. The second floor is set back an additional2' from that outside edge. In other words, if the increased setback requirement were measured at the stepped-back second floor-which would seem appropriate- it would only be encroaching that setback by.5'. Similarly, if the cantilevers on each side were allowed to encroach the setbacks that are measured to the footprint, even if we met the interior setback requirement,we would need less of a variance on the street side than we are requesting. (Some cities do allow credit for the second floor setback when it is required to increase with height,and some allow elevated fenestrations or cantilevers to encroach the setback.) We believe these design efforts contribute to meeting the intent of the City's ordinance, and to a very reasonable use of this property. Please see the survey and elevations for details. What is unique about your property and how do you feel that it necessitates a variance? The buildable width of this lot is 25.9', making any principal structure constructed without a variance a long and narrow home with an internal layout that would have limited functionality. Explain how the need for a variance is based on circumstances that are not a result of a landowner action. The lot for which we are requesting the variance is an existing lot of record. Explain how, if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole. Orkla Drive is lined with a wide variety of homes,with rambler, story and a half, and two- story styles all present. Nearly all of the homes in the neighborhood were built in the 1950's, but some have been remodeled with a more modern exterior. The builders with whom we work have a variety of architectural styles in their home plans,and their intent is always to fit into the existing neighborhood as seamlessly as possible. There is some natural screening that will be preserved on this lot if at all possible. The variance we are requesting would allow a setback that is the greater than the average of the setbacks from the street right-of-way of the three homes closest to this lot (see survey attached to this application). Additionally, Knoll Street is not centered on the right-of-way in the area of this lot, so the actual greenspace between the back of curb and the house we are proposing will be a few feet wider than many lots in the area with homes that show the same setback from their rights-of-way. Throughout Golden Valley,there are redeveloped areas that have homes similar to those that we will construct. The housing market always demands and essentially determines a certain style (with some variation), some layout necessities, and a functional amount of space for specific areas of the home. These criteria require that this home be similar in design to the other new homes in Golden Valley. 6. The City requests that you 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 project that do not require variances to the Zoning Code. It would be possible to build a narrow two-story with a full-garage front, or a shallow rambler that faces Knoll Street,without either variance. To gain square footage, it would likely measure (with garage) 25' by 90' or more (1,600 or so square feet of living space). It would also be possible to have a "double-wide" design. Both layouts could have either a front- or side-loading garage, but due to the depth issue and for access to the home between cars,they would likely need to be side-loading garages. 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 available upon request. Please note that 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 lanning�goldenvalleymn.gov. 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. ,r� � +` t t , �° ^ , ... �,�s. - r.,,.... �� .. � ...... . .. . . J ,. ature of Applicant If the applicant is not the owner of all property involved in this application, please name the owner of this property: - --� .� �.. ... , ,r ,� � �a,...._,_.. ��._.._ _ r , ,._ ; �;j�-��-- , Print Name of owner Signature of owner :/ V �� $�Application Fee Attached (for Single Family Residential) $250 Application Fee Attached (for all other Zoning Districts) Please note: The City of Golden Valley will send notice 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 Board of Zoning Appeals atyour public hearing. 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