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08-25-15 BZA Agenda Board of Zoning Appeals Regular Meeting Tuesday, August 25, 2015 7 pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes — July 28, 2015 Regular Meeting II. The Petition(s) are: 8025 Medicine Lake Road New Hope Christian Life Center, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12(A)(2) Front Yard Setback Requirements Request: Waiver from Section 11.46, Institutional Zoning District, Subd. 8 Front Yard Requirements • City Code requires that all front yards in the Institutional Zoning District be planted, and landscaped, and contain no off-street parking. The applicant is proposing to construct a driveway with parking in the front yard along the south property line. Request: Waiver from Section 11.46, Institutional Zoning District, Subd. 9(B)(2) Accessory Uses - Front Yard Requirements • 25 ft. off of the required 35 ft. to a distance of 10 ft. at its closest point to the front yard (south) property line. Purpose: To allow for the construction of a detached garage. Request: Waiver from Section 11.46, Institutional Zoning District, Subd. 9(B)(3) Accessory Uses - Yard Requirements • 5 ft. off of the required 50 ft. to a distance of 45 ft. at its closest point to the side yard (east) property line. Purpose: To allow for the construction of a detached garage. Request: Waiver from Section 11.46, Institutional Zoning District, Subd. 9(B)(6) Accessory Uses — Height Limitations • 2 ft. taller than the allowed 10 ft. to a height of 12 ft. from the floor to the top plate. Purpose: To allow for the construction of a detached garage. Request: Waiver from Section 11.46, Institutional Zoning District, Subd. 9(6)(8) Accessory Uses — Size of Accessory Structure • 152 sq. ft. more than the allowed 1,000 sq. ft. of accessory structure space. Purpose: To allow for the construction of a detached garage. III. Other Business • Review of recently amended Single Family Zoning District (R-1) setback requirements. IV. Adjournment This docurnent is available in alternate formats upon a 72-hour request.Please call � 763-593-80Q6(TTY: 763-593-3968)tn make a request. Examples of alternate forrnats � ��ay include large print,elecironic, Braille,atidiocassette,etc. Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals July 28, 2015 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, July 28, 2015, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Perich called the meeting to order at 7 pm. Those present were Members Maxwell, Nelson, Orenstein, Perich and Planning Commission Representative Waldhauser. Also present were Associate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman. I. Approval of Minutes — June 23, 2015 Regular Meeting MOVED by Nelson, seconded by Orenstein and motion carried unanimously to approve the June 23, 2015, minutes as submitted. Waldhauser abstained from vating. II. The Petition(s) are: 1440 Winnetka Avenue North Kvle Anderson, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12(A)(2) Front Yard Setback Requirements • 4 ft. off of the required 35 ft. to a distance of 31 ft. at its closest point to the front yard (north) property line. Purpose: To allow for the.construction of a 2-stall garage. � . Goellner explained the �pplicant's request to build a 672 square foot, detached garage in the southeast corner of his property. Currently, this property has no garage located on it. Goellner stated that the proposed garage would be located 31 feet from the front yard (north) property line: She stated that the applicant has said his unique circumstances are that the lot is a narrow, corner lot with two front yard setback areas which creates a smaller buildable area. Orensteir�;asked if the Board's approval would be subject to the existing shed on the property being located 10 feet away from the proposed new garage. Goellner said yes, she would like the applicant to verify that there will be 10 feet of separation between the existing shed and the proposed new garage. Waldhauser asked if the existing shed is located 10 feet away from the house. Goellner said she thinks it is. Kyle Anderson, Applicant, stated that the only place to put a garage on this lot is where he is proposing because the lot is only 60 feet wide and there would not be enough room Minutes of the Golden Valley Board of Zoning Appeals July 27, 2015 Page 2 anyplace else. He said he needs the size garage he is proposing (24 feet x 28 feet) because of the type of vehicle he drives. He said the proposed garage won't affect his neighbors and the house will look better with a garage and a finished driveway. He referred to the questions regarding the existing shed and stated that there is currently 10' 10" between the house and shed, and that there will be 10 to 14 feet between the existing shed and the proposed new garage. Maxwell asked if there is any garage space on the property. Anderson said no and added that there was a tuck-under garage, but that has been converted to living space. Waldhauser noted that there are curb cuts along Winnetka Avenue and along Winsdale Street and questioned which one would be used for the proposed new garage, Anderson said the new driveway would be on Winsdale Street. Perich opened the public hearing. Hearing and seeing no one wishing to comment, Perich closed the public hearing. Nelson stated that the Board tries to allow two-stai'I garages when possible and that she is sympathetic to corner lots because they have two front yards. She said she thinks the proposal is reasonable and meets all of the criteria used when granting variances. Waldhauser said she is concerned about't�e n�w garage being so wide that it will enclose the neighboring property to the south; but the proposed'garage is meeting the side and rear yard setback requirements so she is;.pk with the variance as requested. Orenstein said he thinks the criteria used for granting variances have been met. Perich agreed that this is a reasonable request. MOVED by Nelson, seconded by Orenstein and motion carried unanimously to approve the variance request for 4 ft, off of the required 35 ft. to a distance of 31 ft. at its closest point to the front yard (north) p�q�erty line to allow for the construction of a 2-stall garage. 705 Hanley Road James & Linda F�rnham, Applicants Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(D) Side Wall Articulation Requirements • City Code requires any wall longer than 32 feet in length to be articulated. The applicant is asking that the proposed new south wall be 47 feet in length without articulation. Purpose: To allow for the construction of a bedroom/sunroom addition. Goellner explained the applicant's request to construct a bedroom/sunroom addition. She stated that the applicants are proposing to meet the side yard setback requirement, Minutes of the Golden Valley Board of Zoning Appeals July 27, 2015 Page 3 however they would like a variance from the articulation requirement. She explained that the applicant has explored other options including an addition with outward articulation of 1 ft. and an addition with inward articulation of .5 ft. both of which would require a variance because the Zoning Code requires that articulation be either inward or outward for a distance of 2 ft. for any wall long that 32 feet in length. She stated that the applicant has said their unique circumstances are that it is more expensive and difficult to articulate an addition versus new construction, an inward articulation would create small rooms, and an outward articulation of 2 ft. would encroach into the side yard setback area so they would still need a variance. She stated that staff is recommending denial of th��request-for a waiver of the side wall articulation requirement, however staff would r�commend approval of a variance request for 1 ft. off the required 15 ft. to a distance of "14 ft. to`the side yard (south) property line instead. Maxwell questioned if it really is more expensive to articulate the side wall 2 ft.'versus 1 ft. Waldhauser asked if the applicant explored moving the entire addition in 2 feet to the north. Goellner said they are limited by a bay window. Jim Farnham, Applicant, stated that they purchased the house in March of this year with the idea of extending the sunroom and didn't know about the articulation requirements. He said they would consider articulating the proposed addition outward 2 ft. but going inward 2 ft. is not an option because the rooms would:become too small. Waldhauser said if the living space were taken away from a bedroom she can understand why it would be too small, but if the space were taken away frqm a sunroom she doesn't see the problem. Farnham said the sunroom would only be '8.5 ft. wide if they articulated the wall inward, and if they built the addition iong�r, rafiher than wider they would have odd shaped rooms. He said he would like to ch�nge his variance request to ask for a side yard variance instead of a variance from the ��kiculation requirements. Goellner clarified that the variance request in t��#,xc�ase`wt��ld be 1 ft. off of the required 15 ft. to a distance of 14 ft. at its closest point to t�te ��de,yard (south) property line. ,;;��. � Waldhauser asked the applicant if he is certain about the distance from the house to the property line. Farnham said no, he thinks the fence is a couple of feet off the property line so he is not sure if a va�'iance for 1 foot will be enough. Ma�cwell said he wants to promote articulation and that a variance from the side yard setback requirernents instead would not be out of character in this neighborhood, so he thinks a'variance for 2 ft. off of the required 15 ft. to a distance of 13 ft. for the proposed addition would be appropriate. Nelson and Orenstein agreed. MOVED by Maxwell, seconded by Waldhauser and motion carried unanimously to approve a variance for 2 ft. off of the required 15 ft. to a distance of 13 ft. at its closest point to the side yard (south) property line to allow for the construction of a bedroom/sunroom addition. Minutes of the Golden Valley Board of Zoning Appeals July 27, 2015 Page 4 . 43 Western Terrace Charles Rue and Tracv Rue, Applicants Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(2) Rear Yard Setback Requirements • 17 ft. off of the required 25 ft. to a distance of 8 ft. at its closest point to the rear yard (west) property line. �, Purpose: To allow for the construction of a home/garage addition. Request: Waiver from Section 11.21, Single Family Zoning pis�trict, ��rbd. 12(E) Accessory Structure Requirements • 9 sq. ft. more than the allowed 1,000 square feet of accessory structure space. Purpose: To allow for the construction of a home/garage addition Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(D) Side Wall Articulation Requirements • City Code requires any wall longer than 32 feet in length to be articulated. The applicant is asking that the proposed new west wall be 32.5 feet in length without articulation. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(D) Side Wall Articulat��n Requirements • City Code requires any wall longer than 32 feet in length to be articulated. The applicarnt is �sking that the proposed new east wall be 36.4 feet in length without articulation. Goellner explained the applicant's request to construct a two story addition with an attached garage and an addition on the back of the house. She stated that the garage addition is on the side of the home, however the property line along the west is considered to be a rear yard property line. She noted that the lot originally faced Ridgeway Road and that the'applicants received a variance in 2013 regarding the location of the existing tree house. Maxwell asked if the existing detached garage will remain. Goellner said yes, and stated that the applicant has said that they can't expand that garage because there are power lines above it and they can't get Xcel to bury them or move them temporarily in order to demolish and reconstruct a larger garage. Minutes of the Golden Valley Board of Zoning Appeals July 27, 2015 Page 5 Goellner discussed the requested variances regarding articulation and explained that the Zoning Code requires articulation for side walls longer than 32 feet. She stated that the new west wall of the home would be 32.5 feet in length without articulation and the proposed new east wall of the home would be 36.4 in length without articulation. She referred to the amount of accessory structure space and noted that the Zoning Code allows 1,000 square feet of accessory structure space, and in this case the applicants would have 1,009 square feet of accessory structure space when considering the treehouse, the existing and proposed new attached garage space and the e�tisting detached garage. Goellner stated that the applicant has said their unique circumstances are that the h�use is not oriented toward the driveway, the rear yard is on the side of#he house, th�� Exi'sting detached garage is only one stall, and they haven't been successful in working with Xcel regarding the power lines above it. Maxwell asked if there is a reason the driveway doesn't enter from Ridgeway Road. Goellner stated that the property used to have access from Ridgeway Road and that staff realizes the landowner did not cause the unique orientation of the house or the configuration of the streets. Maxwell referred to the proposed addition on the back on the house and noted that it could be moved over 2 ft. and the variances regarding articulation would no longer be needed. Goellner noted that the exist�ng;deta�hed garage really is the size of a two-stall garage and suggested that mayb� it couf��be reconfigured to function as a two-stall garage. e� Waldhauser said she understands that r�vith unique lots staff has to determine the front and rear lot lines and that the intent behind the articulation requirement is to break up the view for the neighboring property, but the property to the north is really the one that would benefit from articulation in �his case. Charles Rue, Applicant,`s#ated that none of their plans have been finalized yet, so he is willing to make changes if needed. He asked about the criteria the Board uses when considering variances, F'erich explained that the Board considers the reasonableness of the request; if the need for a variance is being caused by the landowner, and whether the proposal will alter the character of the locality. Nelson added that the Board also tries to be consistent in their decision making. Maxwell asked the applicant if there are ways to minimize the number of variances being requested. Rue stated that he could drop the requests regarding articulation. He stated that adding another garage stall on to the existing garage is important and will have a huge impact on the house. Nelson asked Rue how long he has lived in this house. Rue said they have lived there since 1998, but the house was brought to the lot in 1948. Minutes of the Golden Valley Board of Zoning Appeals July 27, 2015 Page 6 . Maxwell asked if there is a way to reduce the amount of accessory structure space. Rue said the proposed new attached garage would be 22 ft. wide which will be tight. He stated that he has thought about expanding the existing detached garage and has tried to contact the power company about moving the power lines, but it has been impossible. Maxwell asked Rue if he has considered removing the detached garage. Rue said yes, but they would rather put that money into the new addition. Orenstein noted that there are also power lines on the west side of the property and asked how close to the proposed new addition they would be. Rue said those,pt�wer lin�s are further away than the treehouse. Rue said he would be willing to make the proposed new garage 6 inches narrower in order to be within the allowed amount of accessory structure space. Perich stated that if the attached garage is smaller the variance request would be smaller as well. Maxwell stated that the side yard variance request would be amended to 16.5 ft. off of'the required 25 ft. to a distance of 8.5 ft. to the rear yard (west) property line. Waldhauser noted that the main reason for the attached garage addition is to build the second story addition. She asked if the proposed addition on the back of the house could be moved over and the second garage stall not buil�. Rue said he doesn't want to have a two-story house with a one-stall garage. He said he is tryi�g to update the "1948 dump on the block" and add value to the neighborhood. Maxwell noted that if the applicant is willing to articulate the side walls and to reduce the amount accessory structure space, he would be requesting one variance instead of four. Perich opened the public h�:aring. ; .� ,_ �¢: Daniel Goodwin, 135"'Hanley �ioad, said he is the property owner to the west and he has no issues with the applicant's ad�h�i,on coming closer to his yard. ArtF'j £� `i�' Seeing and hearing no one else wishing to comment, Perich closed the public hearing. Orenstein referred to an email received by neighbor and asked the applicant if he has any reaction to their concerns. Rue said he would still snow-blow their driveway and won't make them move the fence that is located on his property. Orenstein ask�� about the treehouse being used for storage. Rue said there are two chairs and h'!pitching net underneath the treehouse so he feels that complaint is a little misguided. He said he thinks the main concern is that the proposed project won't get finished and stated that he is hiring professional contractors to do the work and will not be doing it himself. Nelson said the email they received sounds like the treehouse is more of an issue than the proposed addition. She clarified that the Board of Zoning Appeals granted the variance for Minutes of the Golden Valley Board of Zoning Appeals July 27, 2015 Page 7 the treehouse because it was originally built using information from an old survey, a variance was not granted to allow for the construction of the treehouse. Maxwell stated that this lot does have a unique configuration and the neighbor immediately impacted is far away from the proposed addition. He said he is inclined to grant the side yard variance request to 8.5 ft. because the unique character of the property was not caused by the landowner. Perich asked Goellner what staff would think about just granting a varianCe from the side yard setback requirements. Goellner said that seems to be a better idea because ti�e west side of this property does act more like a side yard than a rear yard. ' Perich said he thinks granting one variance from the rear yard setback requirement is ok, but he wasn't in favor of granting the variances from the articulation requirement or for additional accessory structure space. Waldhauser said she can support the rear yard vari�nee requestFif it,really provides two attached garage stalls. She said she thinks the ap�licant could be persistent with the utility company and reconfigure the detached garage as;�nother option. Nelson said in this neighborhood having a two-stall, attached gar�ge is typical and appropriate. Orenstein agreed and said the proposed addition will be a vast improvement to this property. MOVED by Maxwell, seconded by Nefson and motion'carried unanimously to approve a variance for 16.5 ft. off of the required 25 ft. to a distance of 8.5 ft. at its closest point to the rear yard (west) property line to allow`"``for the construction of a garage/home addition. The applicant agreed to withdraw the ather three variance requests listed on the agenda. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 8:08 pm. � ��, r�� ;x; �r� David Perich, Chair Lisa Wittman, Administrative Assistant �l�� t�� , ��'1 � 1� Ph sical Develo ment De artrnent ��. �� Y P P 763-593-8095/763-593-81 Q9(fax) Date: August 25, 2015 To: Golden Valley Board of Zoning Appeals From: Emily Goellner, Associate Planner/Grant Writer Subject: 8025 Medicine Lake Road New Hope Christian Life Center, Applicant Pastor David W. Kent, president of New Hope Christian Life Center at 8025 Medicine Lake Road, is seeking 4 variances from the City Code to build a detached garage, driveway, and additional parking spaces. The property is zoned I-1 for Institutional use. Structure and Parking Spaces within Front Yard The City Code requires that all front yards in the Institutional Zoning District must be planted and landscaped and contain no off-street parking. The applicant is seeking a variance to construct a driveway, parking spaces, and garage within the front yard on the south side of the property facing 25th Avenue North. The driveway is proposed to be 36 feet in width. According to the Zoning Code, a two-way drive aisle requires a minimum width of 24 feet. Staff encourages a driveway no wider than 24 feet in order to reduce the amount of impervious surface on a lot. The applicant would like to use the additional width for parking spaces. However, the parking spaces are not shown on the proposed site plan. It is not clear how many spaces are proposed nor the angle at which they would be positioned on the driveway. With 12 additional feet remaining for the parking use (24 feet subtracted from 36 feet), the applicant's only option would be parallel parking. The applicant is also proposing to build the majority of the detached garage within the front yard setback. This area borders single-family homes to the south. Front Yard Setback The applicant is seeking a variance of 25.0 feet off the required front yard setback of 35.0 feet to a distance of 10.0 feet from the front yard (south) property line to build the detached garage. This area of the lot borders a single-family home to the south. The applicant is proposing to construct a 1,152 square foot detached garage to be used for storage of materials currently violating the City Code's outdoor storage ordinance. The proposed garage would require driveway access that is not currently existing on the lot. Side Yard Setback The proposed location of the garage also requires a variance from the side yard setback requirement. The applicant is seeking a variance of 5.0 feet off the required side yard setback of 50.0 feet to a distance of 45.0 feet from the side yard (east) property line, which borders the City's cemetery. Height Limitation The applicant is also requesting a variance from the maximum allowable height of an accessory structure on the property. Each accessory structure is limited to a total of 10.0 feet in height. The applicant is seeking a variance of 2.0 feet from the allowed 10.0 feet to a height of 12.0 feet, measured from the floor to the top plate. This would allow for a taller garage door to fit the church's bus and van. Applicant Notes The applicant notes that this proposal allows the New Hope Christian Life Center to more fully and effectively use the property. They note that the detached garage will allow for the storage of vehicles and supplies that are currently stored outside. It is also noted that the property has two front yards (the yards facing Medicine Lake Road and 25th Avenue North), which restricts the area on the property that can be used for parking (parking is not permitted in the front yard). The applicant notes that the proposed location of the garage would cause less visual impact on surrounding properties and the expanded parking area would cause less parking overflow on 25tn Avenue. City staff confirmed that on-street parking is allowed on 25th Avenue. The proposal requires a variance from the following sections of City Code: Section 11.46, Institutional Zoning District, Subd. S, Front Yard Requirements: All front yards in the Institutional Zoning District be planted, and landscaped, and contain no off-street parking. The applicant is proposing to construct a driveway with parking in the front yard along the south property line. Section 11.46, Institutional Zoning District, Subd. 9(B)(2) Accessory Uses - Front Yard Requirements: The minimum front yard setback if 35.0 feet. The Applicant is requesting a variance of 25.0 feet off of the required 35.0 feet to a distance of 10.0 feet at its closest point to the front yard (south) property line. Section 11.46, Institutional Zoning District, Subd. 9(B)(3) Accessory Uses - Yard Requirements: The minimum side yard setback requirement is 50.0 feet. The Applicant is requesting a variance of 5.0 feet off of the required 50.0 feet to a distance of 45.0 feet at its closest point to the side yard (east) property line. Section 11.46, Institutional Zoning District, Subd. 9(B)(6) Accessory Uses— Height Limitations: The maximum height of an accessory structure is 10.0 feet. The Applicant is requesting a variance of 2 feet from the allowed 10 feet to a height of 12 feet from the floor to the top plate. 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 there is a need for additional indoor storage on this property. Currently, the property owner is violating City Code by storing a boat as well as other items outdoors. Since staff finds that the garage is a reasonable use for this property, a driveway connecting the garage to the street is also a reasonable use. The standard width for a drive aisle or driveway is 24 feet. Staff recommends a variance up to only this width in order to reduce the impact to the locatity. While the applicant is requesting a width of 36 feet to accommodate additional parking, staff finds that this use negatively affects the essential character of the locality. While there are already some parking spaces located in the front yard of this property (the area adjacent to 25tn Avenue), the parking spaces were added without permission from the City and should be removed. Staff does not recommend the expansion of parking in the front yard of this property due to its impact on the locality. On-street parking is available when necessary. Staff encourages the applicant to utilize the existing impervious surface on 25th Street for parking instead of increasing the amount of impervious surface on the property for parking, especially since there is not a parking shortage every day. Along with the recommendation to allow a 24 foot driveway in the front yard setback, staff recommends that the variance include a condition that the driveway must be 10 feet from the property line. This setback between the property line and the driveway should be landscaped with trees and shrubs to minimize the impact on the character of the locality. As previously stated, staff find that a garage is a reasonable use for this property. However, staff finds that the requests for variances from the front yard and side yard setback requirements are not reasonable given the large amount of buildable area on the property that could still provide driveway access. Staff finds that granting a variance of 25.0 feet off of the required 35.0 feet to a distance of 10.0 feet at its closest point to the front yard (south) property line would be impactful to the character of the locality. It would be particularly impactful to the property owner immediately to the south. The proposed height of the garage is considered reasonable by staff. Allowing a height of 12 feet instead of 10 feet for the proposed garage is reasonable since a van and bus will be stored there. Summary of Recommendations: Section 11.46, Institutional Zoning District, Subd. 8, Front Yard Requirements. Staff recommends Approval with the following Conditions: 1. The driveway may not exceed 24 feet in width 2. The distance between the driveway and the south property line must be no less than 10 feet and shall be landscaped with trees and shrubs in a design acceptable to the Planning Manager. Section 11.46, Institutional Zoning District, Subd. 9(B)(2) Accessory Uses - Front Yard Requirements: The applicant is proposing to construct a driveway with parking in the front yard along the south property line. Staff recommends denial of this request. Section 11.46, Institutional Zoning District, Subd. 9(B)(3) Accessory Uses -Yard Requirements: The Applicant is requesting a variance of 5.0 feet off of the required 50.0 feet to a distance of 45.0 feet at its closest point to the side yard (east) property line. Staff recommends denial of this request. Section 11.46, Institutional Zoning District, Subd. 9(B)(6) Accessory Uses— Height Limitations: The maximum height of an accessory structure is 10.0 feet. The Applicant is requesting a variance of 2 feet from the allowed 10 feet to a height of 12 feet from the floor to the top plate. Staff recommends approval of this request. i � � ' --: ' � . _ � Z z ZI � > a Q �: � NEW HOPE a z " i Io ai m � J � _.._ .. . �. . I T •. .. .-. � C ZI !, " � ' Subject Property � 3 > . ; .,_.�.._.,_.._.._,._.._.._,._.._...,,_.._.._.,a�.�.,� .�. .. � �,._.�..�,. .:.,,_.�.._,._.._.._,:_..�..�.,_._.._..��.�.,_.�.._„ ..._...�,.,. 2585 - 8239 2550 818181756139 8101 � 7825 2550 � _ 8229 . • �77 2 St5 2540 8025 2575 � � , 2505 2500 8110 8100 � � 2505 2500 � ��,y � 2485\ �-:th.a.ct�� .. .._. . <,�.. \ 2480 2495 2490 Y_r- �\ 8159� 8701 2480 2485 2500 1 1435 �` 2 i15 � __ t 2465 2460 2400 2405 2440 2445 . 2450 J 2445 2405 �--- 2430 2425 2430 l , �,;�r ,-... N 2380 2385 8020 2425 - J � soao 2aao + 8350 8300 �.��2�pp 2375 _ 2300 • 2360 2365 ; 2415 • F' �. , �, r 2355 l 2390 6045 8015 8005 2190 23A0 2345 7979 2409 2375 2335 2370 2370 2320 8100 SQyO 8�0 8000 2530 2355 23�5 7g80 2337 2350 2350 _-� ,� ., . .. . I330 2335 2J30 8155 8135 8105 8045 8015 2315 - 2�20 2325 �onn �230i� -_. 8340 ,. li 2300 2J00 8250 8200 8180 8100 City of Golden Valley ��r� Zoning Code Variance Application AUG o � 20» � � 1. Street Address: 8025 Medicine Lake Road gy; � 2. Applicant Information: Name: New Hope Christian Life Center Address: 8025 Medicine Lake Road,Golden Valley, MN 55427 Email Address: cicmetro@�mail.com Phone Number: (763) 208-4673 Cell number(612)269-9902 3. Provide a detailed description of the variance (s) being requested: 1. Subdivision 7.Yard Requirements—We are requesting a variance from the setbacks on both the front yard set-back of 35 feet and the side yard setback of 50 feet. First,the front yard. We are requesting a variance of the front yard set-back to 15 feet North of the existing curb on 25th Avenue North. This will allow for 15 feet of grass from the curb to our new driveway.We are planning on improving this side of our properry by grading the current area (36 feet wide by 180 feet long), installing class 5 material,and new asphalt pavement. This would enable our church to create a drivable access to the back side of our property on a hard surface,and improve our current parking area.The width of 36 feet is outside of a normal 24 foot driveway to provide additional parking space. 2. We are requesting a variance from the 50 foot side yard set-back to 45 feet. The five additional feet will allow us to position our new garage structure away from the major drop in elevation (922 to 916)towards the cemetery and position it in an area not requiring as much dirt work. 3. Subdivision 9.Accessory Uses—This variance request is for#"s, (2,3�4,6,and 8). We are requesting a variance so that we can position the garage 75 feet from the SW corner of the church which is a variance from#4(Separation between structures). This allows us to place the garage in a direct pathway from the new asphalt driveway. It also preserves the current area for the possible reconstruction of our Sanctuary. 4. Height limitation(#6)-We are requesting a variance of the height limitation to be twelve feet from the floor to the top plate. This will allow us to install a 10'foot high door so we can park our bus,van, and snow-plow. 5. We are requesting a variance to construct a 32'x 36'garage which would be 152 square feet more than the existing code (#8, Number and Size of accessory structures.) 4. Provide a detailed description of need for a variance from the Zoning Code, including: • Description of building(s) • Description of proposed addition(s0 • Description of proposed alteration(s to property We are requesting a variance from the Zoning Code so that we can: 1. Improve our current parking area and at the same time give us a garage that can give us the ability to park our church vehicles out of sight. And, provide additional storage space for tables, chairs, etc. The garage will be 32'x 36'with a 10 foot high door garage door. The alteration to our property will replace a 36'x 180'area with asphalt instead of the mixed gravel and grass. This will bring a significant improvement in the appearance of the property both to the church and the neighborhood. 5. Minnesota State Stature 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 and how your request will comply with Minnesota State Statute 462.357, please respond to the following question: Explain the need for your variance request and how it will result in a reasonable use of the property. Our church property is unique in that it has two (2)side yards and (2)front yards. The set-backs as presently set by the city code effectively restrict the development and improvement of our property, both presently and in the future. The new proposed driveway and parking area will help to alleviate overflow parking problems unto 25th Avenue North, thus, improving traffic flow and neighborhood complaints. It will allow us to construct a garage on our property that would be inconspicuously located in the far SE corner of our property.And it would allow us to put our church vehicles into a secure location which is out of sight. What is unique about your property and how do you feel that it necessitates a variance? Our property is located in between Medicine Lake Road and 25`h Avenue North. The Medicine Lake side of our property has a very steep grade drop which would make it more difficult and more expensive to bring a driveway to the rear of our property. By locating the driveway and extended parking area on the SE corner,we can build an aesthetically pleasing garage and reduce the effect of a building to neighboring properties. Explain how the need for a variance is based on circumstances that are not a result of a landowner action. The need for a variance is being requested so that we can more fully and effectively use our property. Explain how, if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole. By adding a garage and driveway into the location requested we would not alter our property in any way that is different than the many other churches and places of worship in our city. We are only asking to beautify our existing property by putting in asphalt over gravel and put a garage that can store our vehicles and tables,chairs,etc. 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 you project that do not require variances to the Zoning Code. We cannot effectively complete our desired project without somehow requiring a variance. Whether it is the size of the garage or the disturbance of our current land,all require a variance. 7. Please submit a current survey of your property. You must indicate the proposed addition, including new proposed building ad structure setbacks,on the survey. A copy of Golden Valle�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 y 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 arte 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. 1 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. (�� '��" � �r.l- .. Signature of Applicant If the applicant is not the owner of the property involved in this application, please name the owner of this property: i / New Hoae Christian Life Center �C� �/� W_ �C��/��s.c�� 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 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. c. ��.��l��;`. . � . ' - � ', �' � �' � '� ✓ . ' t , ��. �: ;4 ` • .�3� :s�' � , � �� 1�—�, , � � w,��,., `'� a � '' ' � i •.� - . . � . . 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C1��.� t�� ; w�� .��- ��; � � ��C-C�+��Z � � �� Ph sical Develo ment De ar#ment �V�. �'� y - - -p p 763 593 8095/763 593 8109(fax) Date: August 25, 2015 To: Board of Zoning Appeals From: Emily Goellner, Associate Planner/Grant Writer Subject: Review of Recent Setback changes in Single Family (R-1) Zoning District As a result of the recent Subdivision Study, the City Council adopted ordinances on March 17, 2015, which made several amendments to the setback requirements in the Single Family R-1 Zoning District. Staff will present an overview of these amendments (see attached) at the August 25 Board of Zoning Appeals meeting in order to prepare the Board for potential variance requests in the future. Attachments Zoning Code amendments with underlined-overstruck language *Subdivision li. Principal Structures Subject to the modifications in Subdivision 12, below, principal structures in the R-1 Zoning District shall be governed by the following requirements: A. Setback Requirements. The following structure setbacks shall be required for principal structures in the R-1 zoning district. Garages or other accessory structures which are attached to the house or main structure shall also be governed by these setback requirements, except for stairs and stair landings up to twenty-five (2S) square feet in size and for I��+e�pe� accessible ramps. Source: Ordinance No. 29Z, 2nd Series Effective Date: 3-12-04 1. Front Setback. The required minimum front setback shall be thirty-five (35) feet from any front property line along a street right-of-way line. Decks and open front porches, with no screens, may be built to within thirty (30) feet of a front property line along a street right-of-way line. Source: Ordinance No. 429, 2nd Series Effective Date: 2-19-10 2. Rear Setback. The required rear setback shall be twenty-five (25) feet. Source: Ordinance No. 547, 2nd Series Effective Date: 3-26-I S 3. Side Setback. Side yard setbacks are determined by the lot width at the minimum required front setback 1ine. The distance between a structure and the side Iot lines shall be governed by the following requirements: a. In the case of lots having a width of one hundred (100) feet or greater, the side setbacks for any portion of a structures fifteen (15} feet or less in height shall be fifteen (15) feet. The side setbacks for any portion of a structure greater than fifteen (15) feet in height shall be . measured to an inwardly sloping plane at a ratio of 2:1 beginning at a point fifteen (15) feet directly above the side setback line�see Figure � b. In the case of lots having a width greater than sixty-five (65) feet and less than one hundred (100) feet, the side setbacks for an�portion of a structures fifteen (15) feet or less in height shall be twelve and one- half (12.5) feet. The side setbacks for any portion of a structure greater than fifteen (15) feet in height shall be measured to an inward� slo�ing plane at a ratio of 2:1 beginninq at a point fifteen (15) feet directly above the side setback line �see Figure 2]; c. In the case of lots having a width of sixty-five (65) feet or less, the side setbacks for any portion of a structures fifteen (15) feet or less in height along the north or west side shall be ten percent (10%) of the lot width and along the south or east side shall be twenty percent (20%) of the lot width (up to twelve and one-half (12.5) feet). The side setback for any portion of a structure greater than fifteen (15) feet in height shall be . measured to an inwardlv sloping plane at a ratio of 4:1 beginning at a point fifteen �15) feet directly above the side setback line [see Figure 31; , , , , , €ee�-e€-�a+�: . , , -�e�ies �eettr'e-oat�-3-�-0-� 4. Corner Lot Setbacks. To determine the side yard setback, use the shorter front lot line. 5. Buildina Envelope. Taken toaether�the front, rear and side setbacks and the heiaht limitation shall constitute the building envelope [see Fiqure 41. No portion of a structure may extend outside the buildinq envelope except for: a. cornices and eaves, no more than thirty (30) inches; b. bay windows or chimney chases, no more than twenty-four (24) inches; c. chimneysj vents, or antennas; d. stairs and stair landin�s up to twenty-five (25� square feet in size; e. accessible ramps. Source: Ordinance No. 347, 2nd Series Effective Date: 3-26-15 B. Height Limitations. No principal structure shall be erected in the R-1 Zoning District with a building height exceeding twenty-eight (28) feet for pitched roof houses and twenty-five (25) feet for flat roof houses. Source: Ordinance No. 382, 2"d Series Effective Dafe: 3-28-08 C. Structure Width Requirements. No principal structure shall be less than twenty-two (22) feet in width as measured from the exterior of the exterior walls. D. , . Side Wall Articulation. For any new construction, whether a new house, addition, or replacement through a tear- down, any resultin,g side wall longer than thirty-two (32) feet in length must be articulated, with a shift of at least two (2) feet in depth, for at least eight (8) feet in length, for every thirty-two (32) feet of wall. �viir=cc:-�r�'c@-ri8. �z��-�G'fF23 ccc..�:,,,, n-.�,.. > >� nn E. Decks. Decks over eight (8) inches from ground level shall meet the same setbacks as the principal structure in the side and rear yards. Source: Ordinance No. 429, 2nd Series Effective Date: 2-19-10 F. Fences. 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