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05-20-15 BZA Agenda Board of Zoning Appeals Regular Meeting Tuesday, May 20, 2015 7 pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes —April 28, 2015 Regular Meeting II. The Petition(s) are: 125 Meadow Lane North (continued item) LeeAnn Bell & Paul Romslo, Applicants Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3) Side Yard Setback Requirements • 14.2 ft. off of the required 21.5 ft. to a distance of 7.3 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the construction of a garage addition. 1319 Tyrol Trail Dan & Sheila Brouqhton, Applicants Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3) Side Yard Setback Requirements • 6 ft. off of the required 17 ft. to a distance of 11 ft. at its closest point to the side yard (northeast) property line. Purpose: To allow for the construction of a garage and house addition. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3) Side Yard Setback Requirements • 2.3 ft. off of the required 17 ft. to a distance of 14.7 ft. at its closest point to the side yard (southeast) property line. Purpose: To allow for the construction of a porch addition. 413 Rhode Island Ave. N. Travis Kierstead, Applicant Request: Waiver from Section 11.72, Fences, Subd. 3(A)(1) Front, Side and Rear Yard Regulations • 4 ft. taller than the allowed 4 ft. for a total height of 8 ft. for a fence along the front (north) property line. • 2 ft. taller than the allowed 6 ft. for a total height of 8 ft. for a fence along the rear (west) property line. • 2 ft. taller than the allowed 4 ft. for a total height of 6 ft. for a fence along the front (east) property line. III. Other Business IV. Adjournment ; This document is available in alternate formats upon a 72-hour request. Please call ' 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alterrrate formaks ' may include large print,electronic, Braille,audiocassette,etc. ,' Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals April 28, 2015 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, April 28, 2015, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Vice Chair Perich called the meeting to order at 7 pm. Those present were Members, Nelson, Orenstein, Perich, and Planning Commission Representative Johnson. Also present were Associate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman. Member Maxwell was absent. ` I. Approval of Minutes — February 24, 2015 Regular Meeting II. The Petition(s) are: ��`�� ,{, ,,, 6400 Hampshire Place �. Donald Weld Jr, Applicant Request: Waiver from Section 11��1, �S�ngl��Famil�=Zoning District, Subd. 11(A)(1) Front Yard Setback Requirements • 8 ft. off of the required 35 ft. to a distance of 27 ft. at its closest point to the front yard (north) property line. Purpose: To allow fior the Construction of a two-stall garage. Goellner referred to a site pfat� �f the property and explained the applicant's request to construct a two-stall g�r��e atf��ed to the house with a porch and breezeway. She noted that variances a�� nbf° .��d�! for the proposed porch and breezeway additions. She stated that st�ff is r�c�3�nrri��`ding denial of the requested variance because a two- stall gara��an be�b�ilt�vu,ithin the setback area without the need for variances, and the angle of the garage would �ompromise the character of the locality. She added that this applicarrt received a v��riance for a garage addition in 2008. However, work on the garage was�not�s�rted within one year so that variance expired. d� �� { : , Penc�t�sked if��e variance granted in 2008 was the same as this current request. Goellne��s. Nelson said the applicant's request in 2008 was the same, however the Board amended the request and approved a variance for 5 ft. (instead of 8 ft.) off the required 35 ft. Orenstein asked if the garage was positioned the same in the 2008 request and this current request. Goellner said yes. Johnson stated that the proposed garage in 2008 was 30 ft. x 24 ft. in size. He asked if it is proposed to be the same size in this request. Goellner said yes, and explained that if the variance request is reduced to 5 ft. off the required 35 ft. then the proposed Minutes of the Golden Valley Board of Zoning Appeals April 28, 2015 Page 2 garage would be reduced by approximately 3 ft. and would be 27 ft. x 24 ft. in size instead. Donald Weld Jr., Applicant, stated that when he purchased the house it was a triplex and a drug house. He said he has done major renovations to the house and at some point he would like to sell it to a family member. He stated that he would be happy with a 5-foot variance, and that with Douglas Drive being reconstructed it will be a good time to do this garage addition. He said he has been working with the City regardi.ng the Douglas Drive construction project and he assumes he will be able to get the same variance that was granted in 2008. Goellner clarified that the City is acquiring roadway easements for the Douglas Drive project, but that the property lines won't b� affect�d. Weld stated that he is concerned about the curb appeal and wanfis to build the gacage at an angle so the house doesn't look like a long bowling alley. He ad�ed that if the garage isn't built at an angle he won't be able to use the existing driv�way and will have to add more impervious surface to the property. Perich stated that the applicant mentioned there w�� a large tree in the front yard and asked what other unique circumstances there are with this p�operty. Weld asked if his variance request was good in 2008 why it wouldn't be now. He said this property is in the middle of an area with duplexes and the Douglas Drive apartments and he is just trying to make this work. Nelson said she agrees that the h��e�Vupuld b� really long if the garage were built in line with the house, and not at ar��=�ngle. � � Orenstein asked if the appJic�atior�E�as t� be resubmitted in order to change the request to 5 ft. off of the required 3�ft. frQi�t yard setback. Nelson said the Board is allowed to amend an applicant'� request��out requiring the submission of a new application. Perich opened the pukil�ic h�ea�;kng. �� Carolyn B��J,:z 125 Meadow_Lane North, referred to the comment about the proposed new gac�ge��io��ng°ct�nS��tent with the neighborhood and said she would like an explanatrQn. Goellner sta#ed that there are no other angled garages in the area at all. Bell asked 'tf everything has to be the same. Goellner explained that when someone asks for a vari�nce �II of the surrounding properties are taken into account. Seeing and hearing no one else wishing to comment. Perich closed the public hearing. Nelson said she would like to amend the variance request to 5 ft. off of the required 35 ft. to a distance of 30 ft. She said she thinks the proposal meets the criteria the Board considers when granting variances. It is in harmony with the intent of the Code, it is a reasonable request, there are topographical issues with the property, and she thinks placing the proposed garage at an angle will be attractive. Orenstein and Perich agreed. Johnson also agreed and added that the same proposal was approved in the past so he supports the applicant's request. Minutes of the Golden Valley Board of Zoning Appeals April 28, 2015 Page 3 MOVED by Nelson, seconded by Johnson and motion carried unanimously to approve the variance request for 5 ft. off of the required 35 ft. to a distance of 30 ft. at its closest point to the front yard (north) property line to allow for the construction of a two-stall garage. �125 Meadow Lane North LeeAnn Bell 8� Paul Romslo, Applicants Request: Waiver from Section 11.21, Single Family Zoning Di��iC#,��d. 11(Aj(3) Side Yard Setback Requirements • 14.2 ft. off of the required 21.5 ft. to a distance of 7.3 ft. at its closest point'to the side yard (south) property line. Purpose: To allow for the construction of a garage addition. Goellner exptained the applicants' request to construct a third-stall garage addition 7.3 feet away from the side yard property line. She referred to a survey and photos of the property and stated that there is an existing paved area where the proposed garage addition would be built. She explained that the;exisfing garage is approximately 22 ft. x 28 ft. in size and the applicants are propo5ing to add 11 #eet of garage space on the south side and 4 feet of garage space on the frQnt.The applicants have stated that the unique circumstances on their prop�rCy are thafi the existing home, built with a two-stall garage was placed near the minirn;u�n setback Iine, their current garage is narrow, there is no place to build a detached gar'�ge, and ther� are poor soil conditions on their lot. Goellner stated that staff is r�c�immertding denial of this variance request because a third garage stall is reasor��le in r�ener�l;, but not this far into a side yard setback area, the garage addition would c��pr�ise th'��°character of the locality, and the applicants can continue to use tt��ir ext�� d driveway in place of a third garage stall. �� 'x�, Perich asked if��e hoi��e v�� t�r��ially built within the correct setback areas. Goellner said yes. She explained�how the�side yard setback requirements are different now from when the f�puse was�Qrig��tally built. She added that due to the height of the house the side yard s�fibac� t�e�uit'errrent is 21.5 ft. Johnson ref��red#Q�,the site plan of the property and asked if the tennis court shown is pa� o�this prdp�erty�'and if so, had it been considered as a location for a new garage. Goellner said t�te tennis court is a part of the applicant's property and that they had considered buitding a new garage next to it, but not in place of it. Johnson questioned if a variance would be required for a carport next to the existing garage instead of a third stall. Goellner said yes. LeeAnn Bell, Applicant, said the house was built in 1964. She said they want a three- stall garage because their existing garage is incredibly tight and they need more room for storage. She said she met with staff and found out that the house was built on pilings and that the Building Official expressed concern about building a detached garage considering the soil conditions. She said she has spoken with the neighbors and Minutes of the Goiden Valley Board of Zoning Appeals April 28, 2015 Page 4 they've expressed support for their proposal, otherwise they would not do it. She said their proposal is reasonable and consistent with the neighborhood and there is no place else on the property to build additional garage space. She said approximately 50% of the homes in their area have three-stall garages and given the size of their home, a three-stall garage won't be disproportionate. She said her mother lives with them and the chance is good that future owners of the house will likely have children and will need a third garage stall. She said she has considered other options and that she would like to revitalize the tennis court. She said she understands the City's concerns, but when she thinks about setbacks it is not a number, it is the character and diversity of the architecture and promoting the feeling of openness. Goellner stated that she verified that the nearby homes with thre��stall gara�s list�l in the application did not require variances. Perich asked the applicant if she had considered expanding the��xisti�� g��e, just not as wide as a third garage stall. Bell said they really need a thirtl stafl`'ga�age. She said that they had a break-in in one of their cars, and that just expanding the existing garage slightly won't address their needs. Nelson stated that the applicants just bought this house knowing it had a two-stall garage. She asked the applicant if a third garage stall played into their decision to purchase the home. Bell said she was hoping a third garage stall would work. She said she didn't know how the setback requirem�nts worked, and she didn't know about the soil conditions when they purchas�c��the property. Johnson questioned if they cansidered building a storage shed instead of a garage addition. Bell said they have a sh�d, b�t they still want to build a third garage stall �., because they have troubl� p�eni�their �ar doors inside the garage. She explained that there is a stairway inside��i��`house that takes up a portion of the inside of the E. garage. She said the�i�v� �eally fr�ed to make this work and address the criteria that the Board uses when con�Idefln��n��ces. She said she understands they are asking for a large variance�t�t�t she��ls if i�`reasonable and there will still be openness between their house;and neighbor�� r ;:. : Perich op�,�et��I�e p�`i��hearing. Seeing and hearing no one wishing to comment, Perich clo��c� the��ublic hearing. �� Johnson said h� thinks there are a couple of unique circumstances with this property. He said it is a massive house that was placed close to one side of the lot which contributes to the predicament. Nelson said she is sensitive to granting variances to allow for a second garage stall, but not as sensitive to granting variances for third stalls. She stated that the Board has to follow the criteria required when granting variances, but they also try to remain consistent. She said it is too bad the lot has bad soils but she is not sure they should grant a variance based on that. Minutes of the Golden Valley Board of Zoning Appeals April 28, 2015 Page 5 Perich said it is hard to say the existing garage is a true two-stall garage because some of the space is taken away by the staircase. He said it seems that the applicants have exhausted their options and there are other three-stall garages in the neighborhood. Johnson agreed that the existing garage has a weird configuration. He said the soil condition isn't an issue to him, but there are other unique issues with the property. Nelson said she is a real estate agent and she has her clients measure their cars and the garage space if it is important to them to help them make a decision. She said in this case the existing garage is a part of what the applicants bought. She questioned if a third stall was built if they could add an addition above it in the future. Goellner s�id no, not without applying for another variance. Orenstein said since this house was purchased so recently, he is curious'why t�te ' ' garage wasn't a factor in the applicant's decision to buy it. He said the applicants may have assumed they could get a variance, but his approach would have been to think it through before he bought it and not hope he'd get a variance later; Nelsor�'agreed and added that granting this variance request would not be consistent with what the Board has done in the past, and might set a precedent. Johnson stated that if the variance isn't granted the house mig;ht not get the TLC it needs. Perich explained to the applicants that they°��pu�cf� asl��-��at their request be tabled to the next meeting in order to have a fulk�Board;pres�nt. Bell agreed that it is their fau��;tt��t t�iey�iought the house. She said she looked at the City's website and only fo�r�d'�the��tb�ak requirements regarding detached accessory structures. Nelson asked Bell wh�t th�y paic�.for the house. Bell said they paid $485,000 minus $10,000 in closing costs. Sh�:said she would like to table her request to the next Board meeting. She refer.red tm �he comments regarding the consistency of the neighborhood and said th�;t.she feels h'�r request is reasonable and that the new homes in her neighb�rho�c��k��s��,bui�t with three-stall garages. �� MQVED by��ren��ein, seconded by Nelson and motion carried unanimously to table the'��licant"��req��st to the May Board of Zoning Appeals meeting. 13'�'�;,Ctr�Cla Drive Jav Johnson and Britt Bakke, Applicants Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3) Side Yard Setback Requirements • 8.5 ft. off of the required 15 ft. to a distance of 6.5 ft. at its closest point to the side yard (south) property line. Minutes of the Golden Valley Board of Zoning Appeals April 28, 2015 Page 6 Purpose: To allow for the construction of a deck. Goellner referred to a survey of the property and explained the applicants' request to build a 16 ft. x 22 ft. deck on the back on their home. She stated that the deck is proposed in the location it is, due to the fact that there is a window well area next to the proposed deck that they are trying to avoid. She added that a deck cannot be built along the side yard (south) property line without a variance because the house itself was granted variances to allow it to be built taller than 15 feet in height without an increase in the side setback as required by the Zoning Code. Therefore, while the home was built to a 12.5 ft. setback, the`deck must still be built to the 15 ft. setback as stated in the City Code. She stated that staff is recomrnending denial of the variance because a reasonably sized deck can be built on this,property without variances. Nelson asked about the dimensions for the buildable area for a;deck; She stated that the new house next to this house just sold based partly on what is there naw, not knowing that this applicant has applied for a variance for a new deck. Board Member Johnson asked Goellner if the applicants presented any other options for building their deck. Goellner said no. Board Member Johnson:asked if a variance would still be required if the applicants built the deck closer to the north �roperty line. Goellner said no, and stated that the setback requirement along tFte north,property line would be 35 feet. Jay Johnson, Applicant, said his goaJ�� to make sure the proposed deck doesn't alter the locality and fits in with the existin� i�'eighborhoo�i. He said the unique circumstance is the location of an existing window w�ll. ,He stated that they could extend the deck further to the west but it would look odd an��ul�,r�o'� fit as well. He said they would like a nice big deck for a sitting area, toy area��nd gr��ting�area. He added that he met with staff and was told he could build a deck 12.5 fee��rom;�e south property line, in line with the plane of the house, but they don't want ts� build a�3��oot wide deck, and they don't want to cover the window we I I. � � �� 3 ��e, � � Nelson said the pt�c�pos��+�eck seems to be infringing on the back yard of the neighbor to the south.,�IJr. John�on s�id their proposed deck would be located near the middle of the neighb�r's�b��1�y�fd_�t��ha�point. He said if the Board is uncomfortable with the 6-foot wide portion ��'�the de��ck wrapping around the side of the house, he would be willing to accept a smaller va�i�nce.�� _ Perich opened �he public hearing. Hearing and seeing no one wishing to comment, Perich closed th�;��ic hearing. Orenstein said he would be inclined to the support the variance request subject to the new property owner to the south being ok with it. Nelson said a pretty large deck can be built on this property without a variance. She stated that even if the new property owner to the south is ok with the applicant's proposal, future property owners may not be. She said she would be supportive of the proposed deck being built to match the plane of the existing house. Minutes of the Golden Valley Board of Zoning Appeals April 28, 2015 Page 7 Perich said he would also be supportive of allowing the proposed deck to be built to match the plane of the existing house. He added that this is new construction and the buyers knew what they were buying. Orenstein asked if the window well area was for an egress window. Mr. Johnson said yes. Board Member Johnson said he didn't see anything in the application stating why a deck couldn't be built within the setback requirements and he doesn't see what is driving the need for a variance. He said he does like the articulation of the proposed deck and thinks bumping it out toward the south property line a foot or two will look better than a "long tunnel" if it matches the plane of the existing house. Nelson said she thinks 16 ft. x 13 it. is a nice sized deck and that it won't make the house look too long. She added that she thirik$ th�.�equest is reasonable, but that it would affect the character of its locality: ��. Perich said he thinks the location of the window well is unique ar►d sugc�estet� granting a variance to allow the proposed deck to be in line with the~plane of the hot��e. He told the applicant that he could table his request in order to be h�ard in front of a full Board. Mr. Johnson said the proposed deck would not be 16 fit: x 16 ffi. in size�when considering the staircase. He said he would consider building the deck further to the west, but being allowed to build a foot or two to the south would mak� a big difference. He said he does not wish to table his request. MOVED by Perich, seconded by Nel�on and motion carried unanimously to approve a variance for 2.5 ft. off of the requir�,d 15 ft. to a distance of 12.5 ft. at its closest point to the side yard (south) property line to allow for the construction of a deck. �': ��, III. Other Business Election of Of��ers �� MOVED by Nels�n, se�on��t��zby .��hnson and motion carried unanimously to elect Perich as Chair. Perich a��epted the nomination. MOVE� by �;�e�s�in,��c�nded by Johnson and motion carried unanimously to elect Nelson a�.�Yice=Ghair. �Neison accepted the nomination. IV. Adjourr��ne'rit The meet'Pn��was adjourned at 8:45 pm. David Perich, Vice Chair Lisa Wittman, Administrative Assistant �a �g r , Cl 1��.� U� �� • *� ..� � .:f. � �: 11 Ph sical Develo ment De artment ��. +�� y p p 763-593-8095/763-593-8109(fax) Date: May 20, 2015 To: Golden Valley Board of Zoning Appeals From: Emily Goellner, Associate Planner/Grant Writer Subject: 125 Meadow Lane North LeeAnn Bell and Paul Romslo, Applicants This application was presented to the Board of Zoning Appeals on April 28, 2015, and was tabled by the applicant. Four of five Board Members were present. LeeAnn Bell and Paul Romslo, owners of the property at 125 Meadow Lane North, are seeking a variance from the City Code to add a third stall to a two-stall attached garage. The applicant is seeking a variance of 14.2 feet off the required side yard setback of 21.5 feet to a distance of 7.3 feet from the side yard (south) property line. The applicant is also seeking a variance to build an attached garage greater than 1,000 square feet in size. The property currently has a two-stall garage that is approximately 575 square feet (22 feet wide and 28 feet deep). The proposed addition would increase the size of the garage to approximately 999 square feet for the three-stall garage. The proposed third stall garage would increase the width of the garage by 11 feet to the south (side yard) and 4 feet to the east (front yard). It meets the front yard setback requirement. The new stall would be built to match the gables of the existing garage. The driveway currently extends to the area where the proposed third stall would be located. If a variance from the side yard setback requirement is granted, the distance between the home at 125 Meadow Lane and the neighboring home to the south, 105 Meadow Lane, would be approximately 29.8 feet at the closest point. The neighboring home is located approximately 22.5 feet from the property line. The home at 105 Meadow Lane has a two-stall garage. The applicants note that the property is unique in that the home was built with a two-stall garage near the south end of the lot, requiring a variance to the side yard setback in order to build an attached third stall. They also noted that the garage is narrow and difficult to maneuver within and it is difficult to store items in. This addition would meet tfieir needs as a family. There is not a reasonable location for an additional detached garage on the lot. If it were located behind the home, the driveway would need to extend around the south end of the home to the rear yard. This would significantly alter the character of the locality. The Building Official noted that a detached garage, as well as an attached garage, would need to be built on pilings due to poor soil conditions. The home is also built on pilings. To understand how this variance could affect the character of the locality, the applicants provided a list of nearby homes with three-stall garages. While 200 Sunnyridge Lane, 120 Meadow Lane, 221 Meadow Lane, and 4260 Glenwood Avenue have three-stall garages, no variances were necessary in order to build them. The applicants also noted two homes with side yard setbacks comparable to the setback they are requesting. However, the properties at 513 Meadow Lane and 521 Meadow Lane have smaller setback requirements because the lots are smaller in width than the applicant's lot. The proposal requires variances from the following sections of City Code: Section 11.21, Single Family Zoning District, Subd. 11(A)(3) Side Yard Setback Requirements: The minimum side yard (south) setback requirement is 21.5 feet. The Applicant is requesting a variance of 14.2 feet off of the required 21.5 feet to a distance of 7.3 feet at its closest point to the side yard (south) property line. Staff Recommendation: In reviewing this application, staff has maintained the points of examination to the considerations outlined in Minnesota State Statute 462.357, requiring that a property exhibit "practical difficulties" in order for a variance to be granted. To constitute practical difficulties, the property owner must propose to use the property in a reasonable manner, the landowners' problem must be due to circumstances unique to the property not caused by the landowner, and that the variance, if granted, must not alter the essential character of the locality. City staff finds that a third-stall addition to a two-stall garage is a reasonable use for this property. tiowever, staff finds that compromising the side yard setback requirement to the extent requested is not reasonable. The extent of this change in a side yard setback would compromise the essential character of the locality. Even though the landowner did not take any action that caused this issue to arise, staff finds that a two-stall garage on this lot is sufficient and that the current driveway allows the space for an additional car to park on the lot. Staff understands the safety concerns and personal needs of the applicants, but must focus this analysis on how the addition will affect the locality. Staff recommends denial of the request for a variance of 14.2 feet off the required side yard setback of 21.5 feet to a distance of 7.3 feet from the side yard (south) property line. Minutes of the Golden Valley Board of Zoning Appeals April 28, 2015 Page 3 VED by N Iso nded by Johnson and motion carried unanimously to approve the v � e est for 5 ft. off of the required 35 ft. to a distance of 30 ft. at its closest point to �(north) property line to allow for the construction of a two-stall gar . 125 Meadow Lane North LeeAnn Bell & Paul Romslo, Applicants � : Request: Waiver from Section 11.21, Single Family Zoning Di��r��ct, ��d. 11(A)(3) Side Yard Setback Requirements • 14.2 ft. off of the required 21.5 ft. to a distance of 7.3 ft, at��its closes� po,��to the side yard (south) property line. Purpose: To allow for the construction of a garage additivn. Goellner explained the applicants' request to construct a third-stall garage addition 7.3 feet away from the side yard property line. She referred to a survey and photos of the property and stated that there is an existing paved area where the proposed garage addition would be built. She explained that the existin,g garag�'is approximately 22 ft. x 28 ft. in size and the applicants are proposing to add �1 fe�t.�f garage space on the south side and 4 feet of garage space on;the fr�nt, The applicants have stated that the unique circumstances on their propert� are th�at'the �xisting home, built with a two-stall garage was placed near the minirnum setback line, their current garage is narrow, there is no place to build a detached gara�e, and ther� are poor soil conditions on their lot. Goellner stated that staff is r��n�er�di�g denial of this variance request because a third garage stall is reason�ble in �eneral, but not this far into a side yard setback area, the garage addition would �r�p�Q�nise th��character of the locality, and the applicants can continue to use t��ir extet��d driveway in place of a third garage stall. �; 2� Perich asked if�,�e ho��i.�e��'�ginally built within the correct setback areas. Goellner � said yes. She ex��ned� , �w�he�side yard setback requirements are different now from when the I��u�� was��rig��t�lly built. She added that due to the height of the house the side yard set��kF��,��;,rr�°�nt is 21.5 ft. ��.� ��,�,�, Jo�ir�son re��rre� ��,the site plan of the property and asked if the tennis court shown is part�f this prt��rty�`and if so, had it been considered as a location for a new garage. Goelln��aid t� tennis court is a part of the applicant's property and that they had considere�l�.k��i�ding a new garage next to it, but not in place of it. Johnson questioned if a variance would be required for a carpo�t next to the existing garage instead of a third stall. Goellner said yes. LeeAnn Bell, Applicant, said the house was built in 1964. She said they want a three- stall garage because their existing garage is incredibly tight and they need more room for storage. She said she met with staff and found out that the house was built on pilings and that the Building Official expressed concern about building a detached garage considering the soil conditions. She said she has spoken with the neighbors and Minutes of the Goiden Valley Board of Zoning Appeals April 28, 2015 Page 4 they've expressed support for their proposal, otherwise they would not do it. She said their proposal is reasonable and consistent with the neighborhood and there is no place else on the property to build additional garage space. She said approximately 50% of the homes in their area have three-stall garages and given the size of their home, a three-stall garage won't be disproportionate. She said her mother lives with them and the chance is good that future owners of the house will likely have children and will need a third garage stall. She said she has considered other options and that she would like to revitalize the tennis court. She said she understands the City's,�oncerns, but when she thinks about setbacks it is not a number, it is the character and diversity of the architecture and promoting the feeling of openness. Goellner stated that she verified that the nearby homes with three-stall garag s listed in � f the application did not require variances. Perich asked the applicant if she had considered expanding the exisfing gar�ge, just not as wide as a third garage stall. Bell said they really need a th`ird stall g�rage. She said that they had a break-in in one of their cars, and that jus�`expanding the existing garage slightly won't address their needs. Nelson stated that the applicants just bought:this house knovriing it had a two-stall garage. She asked the applicant if a third garage stalt��l�yed into their decision to purchase the home. Bell said she was hoping a third gara�e stall would work. She said she didn't know how the setback requirements worked�, and she didn't know about the soil conditions when they purchased the property. Johnson questioned if they cort�ider+�d building a storage shed instead of a garage addition. Bell said they ha�r�� sfi��l, but ihey still want to build a third garage stall because they have troubler��enir�g their �ar doors inside the garage. She explained that there is a stairw�y inside`;��'house that takes up a portion of the inside of the garage. She said they'v� really tt�ed to make this work and address the criteria that the Board uses wh�� con�i�Jerir�g�r�ri��ces. She said she understands they are asking for a large variance but she f��ls if`i� reasonable and there will still be openness between their house and neighbors, Perich op�,�edthe pub��i��hearing. Seeing and hearing no one wishing to comment, P��r�ch clo�� ,��th��ublic hearing. Johns� said �� thinks there are a couple of unique circumstances with this property. He said r�t��assive house that was placed close to one side of the lot which contributes to the predicament. Nelson said she is sensitive to granting variances to allow for a second garage stall, but not as sensitive to granting variances for third stalls. She stated that the Board has to follow the criteria required when granting variances, but they also try to remain consistent. She said it is too bad the lot has bad soils but she is not sure they should grant a variance based on that. Minutes of the Golden Valley Board of Zoning Appeals April 28, 2015 Page 5 Perich said it is hard to say the existing garage is a true two-stall garage because some of the space is taken away by the staircase. He said it seems that the applicants have exhausted their options and there are other three-stall garages in the neighborhood. Johnson agreed that the existing garage has a weird configuration. He said the soil condition isn't an issue to him, but there are other unique issues with the property. Nelson said she is a real estate agent and she has her clients measure their cars and the garage space if it is important to them to help them make a decision. She said in this case the existing garage is a part of what the applicants bought. She questi4ned if a third stall was built if they could add an addition above it in the future. Goellner said no, not without applying for another variance. � Orenstein said since this house was purchased so recently, he is �urio�as�`v�rhy t�.��" � garage wasn't a factor in the applicant's decision to buy it. He said ths applica�ts may have assumed they could get a variance, but his approach would have been fio think it through before he bought it and not hope he'd get a vari�nce later: Nelson agreed and added that granting this variance request would not be consistent with what the Board has done in the past, and might set a precedent. Johnson stated that if the variance isn't granted the house might not get the TLC it needs. Perich explained to the applicants that they coufd asl��#hat their request be tabled to the next meeting in order to have a full.�oard present. Bell agreed that it is their fat��t thp�:bought the house. She said she looked at the City's website and only fo�u� the��tba�k requirements regarding detached accessory structures. E �' ,. Nelson asked Bell w}�,�t��th�y pa�„for the house. Bell said they paid $485,000 minus $10,000 in closing cost�. Sl�e�s�i�°�he would like to table her request to the next Board meeting. She referred tc� tMe comments regarding the consistency of the neighborhood and said th�t she fe�ls her request is reasonable and that the new homes in her neighborhaod a�e;being:buiit with three-stall garages. MpVED by��rerr�t�in, seconded by Nelson and motion carried unanimously to table the �i�,plicant'�;��eqi�st to the May Board of Zoning Appeals meeting. ��;�; 3��:��r�kla D ve Johnson nd Britt Ba licants Reques a rom Section 11.21, Single Family Zoning District, Subd. 11(A)(3) Si rd Setback Requirements • . ft. off the req 15 ft. to a distance of 6.5 ft. at its closest point to the side yard outh) prope line. i �� .__.. . . !' 235� �—' . .... . ��_ ,,,�..�r .�.� 300\'. f�.., � i 2 OS � `— �'�i 4215 2 45 _ /}l 227 �....� ��.- /� 4125 �� 235 ; 234 39 _ I ~ � 1^ -,_ �� 2�� 211�-. �'-`----�� / /� � 1.19_�� 227 , 2Y0 221 � - 2pp 215 220 � 221 Z� 209 211 2 07 2t� /r -- 156 _ Subject Property 203 /Z�z .. 130 l' 127 205 202 S��''.� =-., I 1'. .` , 12S iG5 Ot �•.r•i�� . `I 120 185 \ + Z _-�'�,`� J�204 Zpg`� 2 115 112 1;5 = 200 � � 100 � .. 101 41a0 � 120 4007 40 ' !. --`. 100 4120 125 -- +;y�o V".1'".�il, � "� 4135 3020 4010 4008 - '"-25'-:, � \ y:�, .' 24 � 105 � 40 � \ . 4125 �� l 22 '_� } 20 � - y A230 .. 4CI25 l4015 J ao�s -0011 az�o �� /� y 4115 y� '� $ 9 A000 � �.�iW �� ' 12 s '�` 6 �-�'�`�'-'�' C 4300 4260 5250 ' � � ,yp2Cyp12 3940 3920 g �_�� (bi�-n�:,oa�l,1v,. 4409 4933 �37� 4309 4301 4253 J. `a 15 4263 � ' 9 a r 9 3 4115 16 �7 �` 42 43 �� s t � city of olden g va � Zoning Code Variance Application 1. Street address: �ZS N�ec�Cta 4.! �rl� (�(O��h 2. Applicant Information: Name: �e,r1Y7i'1 ��.LL -�- �L (�t�S�G Address: f 25� N�eG'doVv� (�Gt�. �� Email Address: �ee�'i.t'l h—g�� hd�/�� • GvM Phone Number: ��P�Z� �05-Z1q�'j 3. Provide a detailed description of the variance(s) being requested: �lea�e �.e,e a 4-��.hfc,( -Fa r G rs wr.r-s -fa � L� �t�s�hr,+�s 4. Provide a detailed description of need for a variance from the Zoning Code, including: • Description of building(s) • Description of proposed addition(sj • 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 property. What is unique about your property and how do you feel that it necessitates a variance? Explain how the need for a variance is based on circumstances that are not a result of a landowner action. Explain how, if granted, the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole. 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. 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 plannin�@�oldenvallevmngov. 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. Sign ure of Applicant If the applicant is not the owner of all property involved in this application, please name the owner of this property: �Acnc. �.or�sl o _� �- Print Name of owner Signature of owner � � $200 Application Fee Attached (for Single Family Residential) $300 Application Fee Attached (for all other Zoning Districts) Please note: The City of Go/den Valley will send notice of your variance request to all adjoining property owners as well as owners of properties directly across streets or alleys. Vour neighbors have the right to address the eoard of Zoning Appea/s at your public hearing. You are advised to personally contact your neighbors and explain your project to them prior to the public hearing. 125 MEADOW LANE NORTH VARIANCE REQUEST 3. We are requesting a variance for the south side setback in order to build a three- car garage. The current survey shows that the garage is 18.3-18.7 feet from the property line and the current set back is 15 feet. We are requesting a variance to build a third stall resulting in a requested variance of the setback to down to 7.3-7.7 feet. 4. We currently have a two car attached garage which is located to the south of the residence. We would like to build an expanded three car garage for various reasons. First, there are three adults living on the property (one parent lives with us) and we have three vehicles which we would like to park inside. Unfortunately, within a few weeks of moving in, we had a family member's vehicle broken into while parked in the driveway overnight. The third garage stall would allow us to park all of the vehicles in the garage. Second, the current garage is barely wide enough to permit the opening of car doors given the snow blower, bikes, lawn mower etc. that need to be stored. The new garage would add a third stall to the south of the existing garage as well as deepen the garage by moving the front of the garage forward 4 feet in order to line up with the front of the main residence (the forward expansion does not require a variance). . 5. The variance is necessary because of the soil conditions of the property. Due to unstable soil, the house and existing attached garage were built on pilings. According to conversations with the Building Official, Jerry Frevel, per building code, any attached garage on the property would be required to be built on pilings (or whatever the current engineering requirements would be). A non-attached garage would not have those engineering requirements and could be structurally unstable over the long term. Thus, it is in the best interest of long-term use of the property to build an attached garage. The location of the house on the lot, the conditions of the soil and the available locations for an attached garage were fixed before we purchased the residence in the summer of 2014. The house itself is to the north of the current garage, preventing expansion in that direction. To the rear, there is an existing three-season porch with windows on three sides, and a gas heater which vents at the rear of the garage. As a result, the garage cannot be expanded to the rear. The garage cannot be expanded forward because the depth necessary for a third car stall would violate the setback 1 requirements for the front of the property and would not function given the shape of the existing driveway. LeeAnn has personally visited with the Building Official and Planning Manager, Jason Zimmerman, as well has had multiple telephone conversations with the Planning office to discuss the project before making this request. With regard to impact on the character of the neighborhood and Golden Valley, a three car garage is not out of proportion to the size of the house (appx. 3,600 square feet). A three car garage is also consistent with other houses in the immediate vicinity that have at least a three car garage, including the two houses directly across the street (200 Sunnyridge Ln, 120 Meadow Ln N) and other houses on the street (e.g. 221 Meadow Ln N) and two new builds just a block away (1 Meadow Lane N and 4251 Glenwood Av. —4 car). Additionally, a smaller setback is not inconsistent with the properties in the area. On Meadow Lane, there are properties that appear to have setbacks smaller than 15 feet (e.g. 513 and 521 Meadow Ln N and well as the house between them). Furthermore, the side of the property where the variance is requested is the location where our garage meets the neighbor's garage, and thus, it is less disruptive to the overall feel of the neighborhood. On the North side, the house is setback almost 70 feet from the property line, thus, the character of the neighborhood will not be altered by having a smaller setback on the South side because the North side maintains a large open area. Thus, given all these considerations a three car garage it is not only a reasonable use of the property, it is consistent with other properties in the area and a variance in the setback on just one side of the residence will not alter the character of the locality. 6. As explained above, given the location of the house on the lot, there is no option to build an attached garage to accommodate 3 car widths without a zoning variance given the location of the house on the property and the other limits of the lot. Despite the serious concern of stability issues addressed above, we have considered where we could build a detached garage despite the soil conditions. As a preliminary matter the lot has no rear access, so there is no option to build a detached garage in the rear of the lot accessed by an alley. Because there is no rear access to the lot, as well as the presence of a city storm drain and a swing set in the back yard, the only possible location for a detached garage would be directly behind the current garage (it is 2 not clear that it would actually fit in the space given the issues set forth below). This would result in placing a garage in the sight lines of the Southside neighbors' deck and the windows of the existing three season porch, which would be esthetically unappealing. A detached garage in this location would also result in what would appear to be a long line of garage wall along the south side of the property (although there would be a break in the wall, it would have the visual effect of appearing continuous), which is also esthetically unappealing and not in keeping with the character of the neighborhood (as evidenced by the zoning requirement that no walls to the side of the property shall be more than 32 consecutive feet long). Furthermore, the grade behind the current attached garage slopes downward and there is a 3-4 foot high retaining wall directly behind the current garage running the length of the garage. Because a detached garage would need to be built where the grade is changing significantly, it will require modifying the slope of the yard to accommodate a flat foundation for a detached garage which could further exacerbate the soil issues noted by the Building Inspector. It would also require expanding the paved square footage of the property in order to accommodate a long extension to the existing driveway past the current garage and up to and including the foundation for the new garage. Given all of these facts, building a separate detached garage is simply not viable and not in keeping with the character of the neighborhood. 3 ; \e . R�..+.�� :..�;�'. Tf t" �.i:i '�¢ . . r; ��. 1 - � �"�t i � � �,, � `��,`�� F �r t.-.ls:-i"Jr:. �'' �• ., . � � .. \�j,� 'R � �z �' � � `!L1! ��li� `. R ti .,��''.�! +0 �� ,��,� :€' ` �� '� �t F 4� 4J . `o p� ~ -. k ' �� -��.� �i 1 �,� � � �_� .. .�� ~ p , . 3�I� 1 i �'7"��"�4�'��r��gl_,\1 ��G .� ,�. � 1�,�i1`s ( �l,:. �,,� �1 . . � 1` �?L� '��f t . a ' t i � �y k.' /J �yy,\ � 1 � ;. 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I L�� —�� SI'191 �� W��.• �` •�'�� 1 �I � �• M . . . . . . . � Ph sical Develo ment De artrnent ��. �� y - - -P P 763 593 8095/763 593 8109(fax) Date: May 20, 2015 To: Golden Valley Board of Zoning Appeals From: Emily Goellner, Associate Planner/Grant Writer Subject: 1319 Tyrol Trail Dan and Sheila Broughton, Applicants Dan and Sheila Broughton, owners of the property at 1319 Tyrol Trail, are seeking variances from the City Code to replace the existing one-stall garage with a two-stall garage and building addition. The applicants are seeking a variance of 6.0 feet off the required side yard setback of 17.0 feet to a distance of 11.0 feet from the side yard (northeast) property line. The applicants are seeking an additional variance to construct a new porch on the southeast side of the home. This is a request for a variance of 2.3 feet of the required side yard setback of 17.0 feet to a distance of 14.7 feet from the side yard (southeast) property line. The property currently has a one-stall garage that would be re-constructed in order to increase its height. The current garage door height is 5 feet, 6 inches tall. It would also be re-constructed so that it is built in line with the front of the home. Currently, the garage is angled away from the home. The rock wall in the center of the front yard near the front door of the home would be relocated along the new driveway path. The second garage stall would be built up to the existing retaining wall along the northeastern property line. Additional living space would be constructed above the second stall. If the variance is granted,the home would be Iocated approximately 40 feet from the neighboring home to the east. The applicants plan to build a new porch on the rear of the home. The rear yard in this case is considered a side yard for zoning purposes due to the triangular shaped lot which is located on a corner. Since staff is not able to determine a "true" front yard (the shorter of the two front lot lines), there is no rear yard on this property. The porch is approximately 182 square feet in size and would be located 14.7 feet from the southeast property line. If a variance for the porch is granted, the porch would be approximately 40 feet from the neighboring home to the south. The applicant notes that the property is unique in that the home was built with a small and short 1-stall garage. The applicant also notes that the lot is triangular and located on a corner Iot, which significantly reduces the buildable area, Building a second garage stall requires a variance. In order to build the new porch within the side yard setback requirement, the size of the porch would have to be reduced by approximately 6 feet in length. This would reduce the size of the porch from 182 square feet to 140 square feet. The proposal requires variances from the following sections of City Code: Section 11.21, Single Family Zoning District, Subd. 11(A)(3) Side Yard Setback Requirements: The minimum side yard (northeast) setback requirement is 17.0 feet. The Applicant is requesting a variance of 6.0 feet off of the required 17.0 feet to a distance of 11.0 feet at its closest point to the side yard (northeast) property line. The applicant is also requesting a variance of 2.3 feet off the required 17.0 feet to a distance of 14.7 feet at its closest point to the side yard (southeast) property line. Staff Recommendation: In reviewing this application, staff has maintained the points of examination to the considerations outlined in Minnesota State Statute 462.357, requiring that a property exhibit "practical difficulties" in order for a variance to be granted. To constitute practical difficulties, the property owner must propose to use the property in a reasonable manner, the landowners' problem must be due to circumstances unique to the property not caused by the landowner, and that the variance, if granted, must not alter the essential character of the locality. City staff recognizes that the buildable area on this property is very limited due to its location on the corner and its triangular shape. A second garage stall addition to a one-stall garage is a reasonable use for this property. Even though the proposed porch requires a small variance, it would be slightly farther away from the neighboring home than the applicants' home stands today. Staff finds that these additions would not compromise the essential character of the locality. Staff recommends approval of the request for a variance of 6.0 feet off of the required 17.0 feet to a distance of 11.0 feet at its closest point to the side yard (northeast) property line for a garage and house addition. Staff recommends approval of the request for a variance of 2.3 feet off the required 17.0 feet to a distance of 14.7 feet at its closest point to the side yard (southeast) property line for a porch addition. 1300 � 4121 4101 4015 '�� \ % 4777 4111 `��____ � i � 1301 1307 / r 1\ t30A / , / � 13�4 � ��._-.—-- / I� 1308\ / �_ 1315 1340 / 1320 ' � /i 1 1312� 1307 i I _. :�. � is�s r_ 1323 -�,`'•> ~ 1370 �..::y1¢�`�. 1309 1407 C Subject Property ,3„ "��,, ,�, '.�- . � 1300 v�i � " 7315\ �i� � U4 � 1 .��,;._ —c� 7377 1416 �� yl�l4 J � 1407 �� 7379 + 13�15 / 1439 �s �140-0 � 1475 1_-' ,>' � 1435 �1 140G \ 1429 -- ! � 1 taoa �_ i iaio istt -- • � \�� — 1423 c _ _ �y�° 1500 1410 1521 f • 1575 i tA31 + 1507 4 141G 1515 1414 rr - 1 7425 �'�- 1 S1 5 1501 1512 1510 J 1 509 � ,'� � �1-020 7 521 �Sa$` South Tyrol Pa�k t ass �'f_ �� \ � 1 52 0 1545 1500 7350 . _ _ � city of olden g va e Zoning Code Variance Application 1. Street address: 1319 Tvrol Trail, Minneaqolis, MN 554� 2. Applicant Information: Name: Dan &Sheila Brou�hton Address: / �Pt�sb,� Email Address: dbrou�hton@mavo.edu shlbr�htn@charter.net AG�curl . d��t�er�' � Phone Number: 507-254-2124 3. Provide a detailed description of the variance(s) being requested: The variance would be to add an addition that encroaches into the 15'-6" side vard setback. The new addition would still be 11-0" from the propertv 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 The current tuck-under�ara�e is not able to accommodate a modern vehicle due to an existin� cast- in-place concrete beam that has a vertical clearance of only 6'-0". The hei�ht of this beam requires the �ara�e door to be around 5'-6" tall. This is not sufficient enou�h space for a family sized vehicle. In order to reconfigure the gara�e the current�ara�e and a portion of the house above will need be removed. A new�ara�e footprint will be constructed as well as an addition the same size above. This will allow for a steel flush beam to be installed to �ive a reasonable head hei�ht to the �ara�e and the �ara�e door access. This is a corner lot that has a verv ti�ht buildin�footprint accordin�to the current rear and side vard setbacks. The existin� house is not in compliance with the current setbacks and anv work done to the current �ara�e to make it useable would need a variance. 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. • The proposed addition would be into the side vard setback 4'-6" and would still be 11'-0" awav from the property line. • Th_e_neighborin� house is uphill from this lot and is a reasonable distance awav from the adjoinin� propertv line causin� no obstructions to their site sunli�ht or views. • A lar�e portion of the existing retainin�wall will be able to remain in place. • The current �ara�e is an�led causin�the North corner to be outside of the side vard setback by about 1'-0". This desi�n will ali�n the new�ara�e to the same orientation as the main part of the house. • The current �ara�e location will be maintained to utilize the existin�curb cut. What is unique about your property and how do you feel that it necessitates a variance? This is a corner lot that with the current setback requirements causes an unrealistic buildin�footprint to accommodate a usable �ara�e. Explain how the need for a variance is based on circumstances that are not a result of a landowner action. • The existin��ara�e head hei�ht is too low • The current side and rear vard setbacks cause the existin� buildin�footprint to be outside of the setback lines Explain how, if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole. The majority of the current buildin�would remain intact. This would allow the house to be one of a handful of ori�inal buildin�s left in this particular nei�hborhood. . The addition will be architecturally compatible with the existin� house and the existin�ori�inal nei�hborhood houses. 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. In order to make a usable �arage on the Site the only other alternate not requirin� a variance would be to tear down the existin� buildin� and then build within the ti�ht footprint created by the current setback requirements. Other options would either require a variance, block the front of the house, and require a new curb cut. 4 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 planning@�oldenvalleymn.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. . Signature of Applica If the applicant is not the owner of all property involved in this application, please name the owner of this property: Print Name of owner Signature of owner X $200 Application Fee Attached (for Single Family Residential) $300 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 eoard of Zoning Appeals at your public hearing. You are advised to personally contact your neighbors and explain your project to them prior to the public hearing. N ��Z-�6 -�+ o � o e � z z � 3 Z � U Q J � Q m ¢ � o �w�3 + ..--- __._.— -..._. __.... -- ----� --...___._. 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N ��' Print Date:4/8/2015 �` � r N�e� Colorado Federal Savings Bk MaO��t $384,000 Parcel 1319 Tyrol Tr Tax $6,829.44 Address: Golden Valley, MN 55416 Total: (Payable:2015) Property Residential Sa� $375,000 Typ@: P�iCe: This map is a compilation of data from various sources and is fumished"AS IS"with no Home- Homestead Sa� 12/2001 �P�sentation orwaRanty expressed or stead: D8t@: implied, inGuding fitness of any particular purpose,merchantability,or the accuracy and completeness of the infortnation shown. 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' . _ , , ti _ _ ` � . �►r� � R= i �,�. k' �`'�'��c; ^t '�� ' r : : y ^ � ;�� &�` - - -� s�.p:,��.' �'�` ..� r�- '.�l } � ��C,+��.�� k ,31� p�'s `': P �`>'Tx �S� Rk�.,�`� € '4,`'^�"°�+''+R` '� - 2-.� 4`:.4 '�< ,�' � '�e,..�r � � �.. . �� '� Ym.vr+r a" ,u� '�.e.;� .f �'�, �� 4-r � �.9�' c��' � '" '� ;�;". �^2�yJ ��..x $�� 3��a t,�. .�� , "'�".�,.�i'S`vvs ';:�£ . �.L*.. The Gregory Group INVOICE NO. 83804 d.b.a. F.B.NO. 1054-61, 62 LOT SURVEYS COMPANY, INC. SCALE: 1�� = 30' Established in 1962 LAND SURVEYORS • Denotes Found Iron Monument O Denotes Iron Monument REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA � Denotes Wood Hub Set for excavation only 760] 73rd Avenue North (763)5603093 x000.0 Denotes Existing Elevation Minneapolis,Minnesota 55428 Fax No.560-3522 �� i f�� O� Denotes Proposed Elevation � Denotes Surface Drainage / — � _ � Denotes Existing Contour Basis for /—\�/ Denotes Proposed Contour bearings is �ISTING CONDITIONS SURVEY WITI1 PROPOSED ADDITIONS FOR: assumed Proposed grades are subject to results of soil tests.Proposed U +' B ARCHITECTS building information must be checked with approved building plan and development plan before excavation and construction. Proposed grades shown on this survey are interpolations of proposed contours from the grading and/or development plans. Property located in Section 30,Township 29,Range 24, The relationship between prop.floor elev.to be verified by builder. Hennepin County,Minnesota. Proposed Top of Block Property Address: 1319 Tyrol Trail,Golden Valley,MN Proposed Garage Floor Proposed Lowest Floor Benchmark:Top nut of hydrant located opposite of House No. 1429 Tyrol Trail. Type of euilding Elevation= 861.38 feet(City of Golden Valley records) / / / / / / ``/ tcc cb / / � 866.7 / conc ed /�B60 � 865.44 //// /860 0 � O �� / � / � � // 8 � ��\\ e63.74 ' ' ' �/ /� 'B�y 86326 1�� \ � i ��3 � 3 �I � z � �cs � o,� 9 Q226� � �z�� ,��n 862.39 rp� / 875.2 / � S l �e�a.i � /' I MOVE EXIST.ROCK � � i� � ao�0 � gak w ris/ e�s.s ea�� -S-Pr RETAINING WAL i �Q � � e�asl e�i.i No. l 3/7 /� � // 0 � � .1 �873.3 0�6• NEW LANDSCAPE / � � � WB7�� i e�n.6 PAVERS i �j- •\ � 1 � � °a . a ec� � �: / � 1 ffi " 86/.6/ 1^h��N l �, � � �� 1 i2 ��Pl' . . . e�z� ��j��,c� 1 �/ � / � �� B>' \ 3• Ln Is � �� 8 i -v�' � �' i- �_'�� ».s� _ � � �/ �`i' � �@ 7 � / �' ti � � ,� � �c�� / � � �' \� �� ROPOSED�DDITION �o / � �co ��n /, � y,�fr ^ � .3 � ccc � '7 ¢� �NEW C9N /� � / e es�.z 'i3' � � .e7y 86/./9 `� � � � ST�PS��S�'p0� / o �3— � /e�� ' �s� I I � / // � ��i /� �\ ` o isero-eie� �e� ee�� \ -)� u�e ' � 9 �,��z � � � 0 0 p �^ i y �' 876.2 � � . � 5�� (� I e n�d il i i 1 �„ i ess.� 0� i � ,y EW WINDOV�a<"°�' yw� � �� °� t«�b I\ � vw \ I �.6. �'� WELL P� p J � �-�q'� � � /P o w e r �� 86/.3 \\ \1 �N ea. H o�a is e J��1\,�\ < \3 Pa��N o� p � �B6/.l3 1� I\ �1 � 6 .9 Z v .6 b� p�*/��y, NEW PORCH �� 873.8 � � � \ � �1 � \ �B � / � � � `��` 3�8 � ? B� � � �— �a'p �set&ack � a�s.o � � p ' w�oe/F„« srone wall � 2i6i.2� �e.e /��s � Q � m�5�re�t� �+�.so�cn of i,�� \ �J< \ � � � � '� p`� -toe� 8�2, �� LS e�m � � 11 � � � � a� �� es � � 1 0�-�— — — — � tcc \ \ \ N�C� �69.7/ �„A 36� �8��• 861.43 � � \ � \ w \ �^ — — — — — U � 1 \ 1 , �7 / / � � ` _ _ — _ — 8�0 � � ��'3 5.l � \ �� 869.3 � � I�wer pole 1 � \ 69.0 �� ( � 7.6 �W 1 I \ � ��_�es�s �W�w�W � l � \ 1 2-5-Stone \��8-7�1 No. /4// � � � Lot 5,Block 2,'I'YROL HILLS Existing Hardcover Calculations Proposed Hardcover Calculations Hennepin County,Minnesota House-1429 sq.ft House+Addition- 1545 sq.ft Driveway-665 sq.ft Prop. Porch-626 sq.ft Concrete-96 sq.ft Driveway-1301 sq.ft Total Hardcover=2190 sq.ft Steps&stoop- 155 sq.ft Area of Parcel=9842 sq.ft Total Hardcover=3627 sq.ft The only easements shown are from plats of record or information Percentage of Hardcover=22.3% Area of Parcel=9842 sq.ft provided by client. Percentage of Hardcover=36.9% I certify that this plan,specification,or report was prepared by me or under my direct supervision and that I am a duly Licensed land Surveyor under the laws of the State of Minnesota. Surveyed this 30th day of April 2015. Rev Drawn By �'��' Signed File Name th-5-2inv83804siteplan.dwg Grego R Pra h,Minn.Reg.No.24992 C t t�` ()� >a,� ��2 1 1 Ph sical Develo ment De artment ��. �,'.� Y p P 7S3 593 8095/763-593-8109(fax) Date: May 20, 2015 To: Golden Valley Board of Zoning Appeals From: Emily Goellner, Associate Planner/Grant Writer Subject: 413 Rhode Island Avenue North Travis Kierstead, Applicant Travis Kierstead, owner of the property at 413 Rhode Island Avenue North, is seeking a variance from the City Code to build a fence in the rear and side yards. The applicant is seeking a set of three related variance requests to construct an 8-foot tall fence along the north and west property lines and a 6-foot tall fence along the south and east property lines. More specifically, the requests include: • 4.0 feet taller than the allowed 4.0 feet for a total height of 8.0 feet along the front (north) property line • 2.0 feet taller than the allowed 6.0 feet for a total height of 8.0 feet along the rear (west) property line • 2.0 feet taller than the allowed 4.0 feet for a total height of 6.0 feet along the front (east) property line The applicant notes that the property is unique in that the home was built on a corner, so there is a 4 foot fence height requirement along Highway 55 (northern property line) and Rhode Island Avenue North (eastern property line), The proposed privacy fence would maintain a safe area for children to play and it would block noise and sightlines from Highway 55. The applicant is seeking an increased height of 8.0 feet along the northern and western property lines for this purpose. The property is situated at a slightly lower grade than Highway 55. Along Rhode Island Avenue (eastern property line) and along the neighboring driveway to the south, 6.0 foot tall fences are proposed in order to maintain continuity and uniformity with nearby properties. The fence along the southern property does not require a variance because it is located within the side yard where 6.0 foot tall fences are permitted. The proposal requires variances from the following section of City Code: Section 11.72, Fences, Subd. 3(A)(1) Front and Rear Regulations: The maximum fence height requirement for fences is 4.0 feet in front yards and 6.0 feet in rear yards. Staff Recommendation: In reviewing this application, staff has maintained the points of examination to the considerations outlined in Minnesota State Statute 462.357, requiring that a property exhibit "practical difficulties" in order for a variance to be granted. To constitute practical difficulties, the property owner must propose to use the property in a reasonable manner, the landowners' problem must be due to circumstances unique to the property not caused by the landowner, and that the variance, if granted, must not alter the essential character of the locality. City staff finds that a privacy fence is a reasonable use for this property. The 6.0 foot tall fence meets the applicant's need for a safe and private area. A 6.0 foot tall fence also blocks noise and traffic sightlines, even with the different in grade between the applicant's property and Highway 55. Granting a variance in order to build an 8.0 foot tall fence is not necessary in order to meet the needs of the applicant. Particularly, the proposed 8.0 foot tall fence along the western property line would alter the essential character of the locality and it would negatively impact the property owner to the west. For rear yards in this district, 6.0 foot tall fences are permitted. Staff recommends approval of the following variance request: • 2.0 feet taller than the allowed 4.0 feet for a total height of 6.0 feet along the front (east) property line Staff recommends approval of an amended variance request for the following: • 4.0 feet taller than the allowed 4.0 feet for a total height of 8.0 feet along the front (north) property line o Amended: 2.0 feet taller than the allowed 4.0 foot for a total height of 6.0 feet along the front (north) property line Staff recommends denial of the following request: • 2.0 feet taller than the allowed 6.0 feet for a total height of 8.0 feet along the rear (west) property line If these recommendations are approved, this would result in the applicant's ability to build a 6.0 foot tall fence around the perimeter of the property as shown on the attached plan. , - _ 160 150e n � a" " `-_ ..... 130 17 5 - _ �� - 75 "'A..,_ _ - �f:. '� , i �y;��!�, �, . '•�+.,�� .. ' .. ""Wr � .'_. .._.. �"_� .... .._�...•—...�,�,� 831 ~~�� .� • Subject Property _._.�_._._.�� `� �. � __.,... _.. 411 413 � I t � i 40g — Z a 407 � 410 405 406 7732 7724 T710 q03 .. 404 7830 7700 7650 tt.u, .,;i�vF '. vl.� v1c " 7655 �,.�-�^'} � ',,i, � �-r�'1 1 ' 760576� 75257St3 75177513750575 7653 �` 76297�5 76137609 753375317529 76377633 7521. 't ''1 �,', 7651 � 7617 7527 u4: . �_�.yl,;, 7649 � ':�:.L �-'iti47 � -.� � ;.. �.+.,,,sa,�_,�_.K.,..,. ..� . 'ylv _ Q I:\City Logos and Style Guides\New Log o\city-gv-logo-bw.j pg Zoning Code Variance Application 1. Street address: 413 Rhode Island Ave N 2. Applicant Information: Name: Travis Kierstead Address: 413 Rhode Island Ave N Email Address: travis.kierstead@gmail.com Phone Number: 952 807 7312 3. Provide a detailed description of the variance(s) being requested: 8 foot fence height along North and West sections of wood fence enclosing back yard of single-family residential property. East and South sections 6 foot in height. 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 No fence currently exists on property. Proposed fence would enclose back yard and portions of North and South side yards- please refer to attached draft of proposal. Due t� variation in grade, Highway 55 sits slightly elevated to property and an 8 foot fence height is necessary along the North and West sections to effectively reduce noise and traffic sightlines. ,A 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. • The need for a fence and enclosed back yard is reasonable for purposes of maintaining a safe play area for the young child of the property owners.The request for variance in certain sections of fence height is reasonable for purposes of reducing noise and traffic sightlines. What is unique about your property and how do you feel that it necessitates a variance? , The property is uniquely located in close proximity and slightly lower grade in relation to Highway 55, increasing noise and visual clutter inside the home and in the lawn. Explain how the need for a variance is based on circumstances that are not a result of a landowner action. Highway 55 is a very important roadway, however variations in traffic volume outside of property owner control can impact livability factors to the extent of making normal conversation outside of the home difficult at peak times. Explain how, if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole. Sections of the proposed fence remain 6 foot to maintain continuity and uniformity with nearby properties. Increased privacy and noise reduction should enhance property value.There is precedence of 8 foot fences in the community along major roadways. 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. The primary alternative of establishing a hedge or other natural barrier is complicated by the presence of three large maple trees which reduce sunlight and impede plant growth. Removing the maple trees would further contribute to difficulties with noise control and potentially worsen the overall effect. 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 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 Cit�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. Sign ure o Applicant If the applicant is not the owner of all property involved in this application, please name the owner of this property: � � l��-� iC��-�-�� " Print Name of owner Signa e o'f owner �✓ / $200 Application Fee Attached(for Single Family Residential) $300 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 at your public hearing. You are advised to personally contact your neighbors and explain your project to them prior to the public hearing. Z �-- �.vM �0 1H�ia N 3�V ONF+�SI 300Ha i n � i O O O �� .Foi-,Zz ✓� �� .DI'.6Z �id 3�N3� H�IH ,g �' o o ��,,, � Q Q ��S C� N � � Z Z S W H Q - p Q WJ O � UI Z� U W I�J �� W N — � . � � 2V't� W} O a � ... . �i=\ O� ��: �u� = n> '� a� 'iz- a N W W • iV H Q � I� , . Z 3 . � w � N o0 h O � W d 2 =C� i� �-(Y I o � 3�N3� H�IH ,8 � � .�a-,oa r �� . , ,- - - . . ,..�. / - ,.._. .� � '� ( -----� . ��.-,-- ".� •- �-s'� r. Z--�. / ��_1 . �� r-----�✓ ,--� G— -� j__--. �.� = - �. p, ry� /' tT*TT' `� '�'� � �:R'�G°-�a �'� � �'� � � t�� €:�:: �`� �.ry►��.;`',.��'.a�!'� � r--,4. �1 �� fy��.=.�cv-1 �!�f!� V M��''y�r�;','>.,�L�� .r�_"_'"`� :.��r,.�o s�.L��• A � . —� y --��_.►��t � _ ---,�_ ��- � �. �`'��---- ---�� • r4�r,` � 74151:'AYZATA E�Wa `�° �E�� '� A�INNcAF0�1S, h91N�lESOTA �s«s. 1� �„�r / �'e > ``°`� �� :�t�'��t�'�' Fo� Willis Ellig s -�- ----I . . � �-�- , :: � /7' ,, `/ •�% 5ca1e: lt� = 30' � `rake,� {, /��r`� !" ,/ , or h�9h�Q'y PU� o �V O J� .�• /�' Se,, �RO . �`✓ .. , � - - �: _ : • � . r � % R=38 y� 72 � � ; "� L'�SQ,Jn � ; �� O � ' -- _,� , I � �1 �;," i�;o�� `.:� ,,;, „a i�. •• ., ( � � . ` '4! � . . • � � . .•;' '� m �'• � ` l5.;.. ..^�-9 hiini�e�. M � '.� � � ZS,/s S � � . M ' �2.65�� -'1"� . . � . v, � ^ + '�r . l- - - N /-STp,qy S.OS � , N 11 �' `��` o dG/:U/ �!'''4/k'E :` N ) N �� 4/3 `�`� ✓• o� � . o' . �� ' �� . . /5,45 ci . . �� - T9,35 � _�_ . . , ► ,,.• , 1 �S'9- -- , � . N � , � M __�— � ; —^�; ;�+—M , "_'- -- — � __ _. — ...__ � 1 . • . �L ' '!6 �'f'' i P oa d N Ease � ' � � , : � me�f, • � �.� �D,7�.N::.�.'2'0457� . � : �t+ , , �,�, � ` - - - - _ _ — 138.73 -- -- - - - o � , � .. DESG`R.IPTIOi�: Lots 3 and 4, except that portion thereo£ taken for highway purposes and I� all of Iat 5, BZock 3, "Cottage Cxrove�i. S�.ib�ect to ease;nent over tbe � � ' South 16 feet of I�ot 5 fo.r road purp�ses. �+e �ereby certify that this is a true and correct representation of a survey of the boundaries of the ( an6 �bove described and ;�f the location ofati building� if any, thereon, ond ali visible encroachments, if any, frorn or on said land. Oa ted t h i s 22n`� day o f �ctobei• � � 1976 � �GhN, F EL� b NOY��K, iNC � � /� rveyors -� � l � i le �to 5� �� Book No� 4'•�'39-�- b� ------ bY / �t.,, ) ,l. r;� .� i�.�.�.J .` l_ . . .�-- . . . . _ . . . , - _ . ___. . . . . . .. . ... - .. . : _ __�_ ___ _ _ _ .,� .