09-27-16 BZA Agenda Board of Zoning Appeals
Regular Meeting
Tuesday, September 27, 2016
7 pm
7800 Golden Valley Road
Council Chambers
I. Approval of Minutes—August 23, 2016, Regular Meeting
II. The Petition(s) are:
4805 Markay Ridge — (Continued Item)
Kirk & Pamela Hyatt, Applicants
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12
(A)(1) Accessory Structure Location Requirements
• Detached accessory structures shall be located completely to the rear of the
principal structure.
Purpose: To allow the recently constructed shed to remain.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12
(A)(4) Separation Between Structure Requirements
• 9.75 ft. off the required 10 ft. to a distance of .25 ft. between the principal
structure and the accessory structure.
Purpose: To allow the recently constructed shed to remain.
4601 Elmdale Road
James P Van Heel, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(1) Front Yard Setback Requirements
• 14ft. off of the required 30 ft. to a distance of 16 ft. at its closest point to the
front yard (north) property line.
Purpose: To allow for the construction of an open front porch.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11
(A)(1) Front Yard Setback Requirements
• 15ft. off of the required 35 ft. to a distance of 20 ft. at its closest point to the
front yard (north) property line.
Purpose: To allow for the construction of a new attached garage
1825 York Avenue North
Gordon Huser, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11
(A)(1) FrontYard Setback Requirements
• 6.5ft. off of the required 35 ft. to a distance of 28.5 ft. at its closest point to the
front yard (east) property line.
Purpose: To allow for the construction of a screened porch/garage relocation.
1115 Hampshire Avenue North
Kevin O'Brien, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(1) �ront Yard Setback Requirements
• 10.9 ft. off of the required 30 ft. to a distance of 19.1 ft. at its closest point to
the front yard (east) property line.
Purpose: To allow for the construction of an open front porch.
III. Other Business
IV. Adjournment
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
August 23, 2016
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
August 23, 2016, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Vice
Chair Maxwell called the meeting to order at 7 pm.
Those present were Members Maxwell, Nelson, Orenstein, and Planning Commission
Representatives Johnson and Kluchka. Also present were Associate Planner/Grant Writer
Emily Goellner, Planning Intern Chloe McGuire Brigl, and Administrative Assistant Lisa
Wittman. Member Perich was absent.
I. Approval of Minutes— July 26, 2016, Regular Meeting
MOVED by Nelson, seconded by Kluchka and motion carried unanimously to approve the
July 26, 2016, minutes as submitted.
II. The Petition(s) are:
1315 Angelo Drive
Mohammad Vedadi, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11
(B) Height Limitations
• 3.5 ft. over the 25 ft. of height allowed for a total height of 28.5 ft.
Purpose: To allow for the construction of a new home.
McGuire Brigl reminded the Board that at their June 28 meeting a variance to allow a
new home with an 8 ft. x 22 ft. rooftop access room was granted. Since that meeting,
the applicant's plans have changed and he is now asking to build a 14 ft. x 22 ft. rooftop
access room. The height of the home remains the same as the original proposal at 28.5
ft.
McGuire Brigl said that the applicant's stated unique circumstances are that the rooftop
access room is not easily visible from Angelo Drive, the view from Angelo Drive would
not change as a result of a larger rooftop access room, and they need more space to
access the rooftop to maintain solar panels and remove snow.
McGuire Brigl stated that staff is recommending denial of the requested variance
because the new proposal doubles the length of the addition, above the maximum
height allowed. Staff feels the previously approved plans were sufficient for a rooftop
access, with a bathroom, stairs, and elevator. Also, the larger addition would
significantly increase the impact to the neighboring properties.
Minutes of the Golden Valley Board of Zoning Appeals
August 23, 2016
Page 2
Maxwell asked if this proposed, larger rooftop access addition would still fit within the
building envelope. McGuire Brigl said the proposed home would still fit within the
building envelope, but the rooftop access portion is much larger and more impactful
than the original proposal. She reiterated that the original proposed size of the space is
sufficient for an elevator, stairs and bathroom without causing as much impact.
Kluchka asked about the space to the left of the rooftop access structure. Goellner
explained that that space is rooftop terrace area and where the solar collectors would
be located.
Mohammed Vedadi, Applicant, said he thought his proposed new structure would be ok
without requiring another variance. He clarified that the structure to the left of the
rooftop access is deck space and a chimney. He stated that the originally proposed 8 ft.
wide structure was just the minimal amount needed for a staircase. He said that after
he received approval of his variance in June, he decided that he wants the area to be
slightly larger than just an area to exit out onto the rooftop. He said the view from the
street won't change and the house will still fit within the building envelope. He said it
sounds like the code is going to be changed in the future to allow flat roofed houses to
be 28 ft. in height, but it would be more expensive to wait until that happens to make
the proposed changes to the rooftop access.
Orenstein asked about the use of the space and questioned if it would have windows or
if it could be used as a bedroom or additional living space. Vedadi said there will be two
sliding-glass doors, but it will not be livable space. There will be room for a sitting area
and room to exit the elevator and access the rooftop space.
Maxwell asked Vedadi if he needed all 6 additional feet or if he could build the rooftop
access space any smaller. Vedadi explained that it is a structural issue because the
wall of the rooftop access sits on a wall beneath it for support. He added that ideally, his
plan was to have a full third story. He said that if the code regarding the height of flat-
roofed homes is changed he thinks he could do that within the building envelope. He
reiterated that the proposed rooftop access won't change the view from the street and
that they just want the space to be a little more usable.
Maxwell opened the publ,ic hearing.
Nancy Skophammer, 1250 Angelo Drive, said she looks at the applicant's home from
her front door. She said that she doesn't see any reason not to allow the proposed
addition.
Vedadi added that the neighbors on both sides of his property are also in full support of
his proposal.
Seeing and hearing no one else wishing to comment, Maxwell closed the public
hearing.
Johnson asked how the height of the home would be measured if it had a pitched roof.
Goellner explained that the zoning code has different height regulations for pitched
Minutes of the Golden Valley Board of Zoning Appeals
August 23, 2016
Page 3
roofs and for flat roofs. The reason for the two different height regulations is because
previously the code didn't include the "tent-shaped" method for determining the building
envelope. She added that if this proposal was for a pitched-roof home it would still fit
within the building envelope because the height would be determined at the midpoint of
the pitched roof. She stated that the key difference in this case is that the applicant isn't
trying to minimize the amount of space that requires a variance. McGuire Brigl noted
that part of the reason for the original approval was to gain access to the rooftop, not for
the extra amount of space now being proposed.
Johnson asked if there are ADA requirements for access in the rooftop space. Goellner
said that was considered by the architect.
Orenstein said the issue is the additional space. Maxwell agreed but noted that if the
roof was pitched they could create additional space.
Kluchka noted that at last month's meeting they denied a variance request for a rooftop
access addition. Maxwell said that proposal was taller than the 28 ft. allowed even for a
pitched roof home. Johnson said this proposal is less intrusive than a pitched roof
would be.
MOVED by Kluchka, seconded by Johnson and motion carried unanimously to approve
the requested variance for 3.5 ft. over the 25 ft. of height allowed for a total height of
28.5 ft. to allow for the construction of a new home.
1250 Angelo Drive
Kevin Bostrom & Nancy Skophammer, Applicants
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(b) Requirements
• 2.5 ft. off the required 12.5 ft. to a distance of 10 ft. at its closest point to the
side yard (north) property line.
Purpose: To allow for the construction of a home addition.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11
(D) Side Wall Articulation
• Any wall longer than 32 feet in length must be articulated, with a shift of at least
2 feet in depth for at least 8 feet in length. The applicant is requesting a variance
from this regulation to build an addition 35.5 feet in length with no articulation.
McGuire Brigl referred to a site plan of the property and explained the applicant's request
to build an addition that includes garage storage, an office, a mudroom/entry, and a
powder room along the north side of the property. The setback requirement along the
north side of the property is 12.5 ft. and the applicant is requesting that the proposed
Minutes of the Golden Valley Board of Zoning Appeals
August 23, 2016
Page 4
addition be located 10 ft. at its closest point to the side yard property line, without any
articulation.
McGuire Brigl referred to photos of the inside of the existing garage and explained that the
applicant is proposing to remove a vestibule that juts into the garage. The new garage
would not increase in width, but removing the vestibule would help increase the depth of
the garage. She added that there is enough space to build a 23-foot wide garage without
variances so staff is recommending denial of the request.
Kluchka asked for clarification about the garage remaining the same width. McGuire Brigl
explained that the vestibule inside the garage will be removed, but the width of the garage
door will be the same.
Johnson asked about the current distance from the garage to t'he north side yard property
line. McGuire Brigl said the existing garage is 16.3 ft. away from the north property line.
Nelson added that there is approximately 4 ft. they could still use without needing a
variance.
Nancy Skophammer, Applicant, stated that when they purchased this home it was
marketed as having a two-stall garage and they didn't realize t'he vestibule inside the
garage affected the depth. She explained that the previous owners took some of the
interior garage space and created an entry into the kitchen. She stated that the proposed
new garage would be slightly wider inside because they are going to be removing some
existing shelves. She said they've gone through a lot of different design ideas and this
proposal will give them a nice mudroom, powder room and office. She added that the
neighbors approve of the proposed addition and she does not feel that it will decrease
anyone's value or alter anyone's perspective.
Nelson asked Skophammer what room they would enter if they just expanded the garage
and removed the vestibule. Skophammer said they would enter into a small hallway.
Nelson asked which rooms are behind the garage. Skophammer said there is a kitchen
and a living area leading out to a deck.
Orenstein asked Skophammer why the new addition can't be articulated. Skophammer
said she thinks they could work with the articulation requirements and asked what qualifies
as articulation. Maxwell explained that walls can be 32 ft. in length before they have to be
bumped in or out 2 ft. for a distance of 8 ft. Skophammer asked if a canopy of the
entrance would count as articulation. Goellner said no.
Kluchka asked Skophammer how critical the proposed workbench space and bathroom
are. Skophammer said currently the only bathroom on the main level is in the master
bedroom and the workbench area would be used for storage of garage items.
Maxwell opened the public hearing.
Mohammed Vedadi, 1315 Angelo Drive, said a narrow garage is the same issue they have
with their home. He said they all want to stay in their neighborhood and make their spaces
Minutes of the Golden Valley Board of Zoning Appeals
August 23, 2016
Page 5
better. He said he is in favor of this small variance request and noted that the property to
the north has a garage along the side property line so it would not be impactfui to them.
Seeing and hearing no one else wishing to comment, Maxweil closed the public hearing.
Orenstein noted that the appiicant is not asking for a three-stall garage and that the Board
has granted larger variance requests in the past so granting the request would not be
inconsistent. Nelson agreed and said she is sympathetic, but the applicant in this case
could build a wider garage without variances.
Orenstein said he would like the articulation requirement to be met. The Board agreed.
Kluchka suggested that in order to meet the articulation requirement and have a functional
space the applicant could remove the vestibule inside the garage, create a bump-out for
the mudroom addition and then remove the proposed office in the back of the proposed
addition or the workbench area in the front of the proposed addition. Maxwell suggested
asking the applicant if she would like to do that. Kluchka said the Board has to address the
application that was submitted.
Nelson said it sounds like the Board is ok with the side yard variance request but not with
the request for no articulation. Johnson said it doesn't make sense to knock down the
garage for an additional 2 or 3 feet or to build a 4-foot wide office. Maxwell said they could
remove the proposed office or workbench and they probably wouldn't need articulation.
Skophammer said she thinks they can come up with articulation ideas.
MOVED by Nelson, seconded by Kluchka and motion carried unanimously to approve a
variance for 2.5 ft. off the required 12.5 ft. to a distance of 10 ft. at its closest point to
the side yard (north) property line to allow for the construction of a home addition.
MOVED by Nelson, seconded by Johnson and motion carried unanimously to deny the
variance request to build an addition 35.5 feet in length with no articulation.
4805 Markay Ridge
Kirk & Pamela Hyatt, Applicants
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12
(A)(1) Accessory Structure Location Requirements
• Detached accessory structures shall be located completely to the rear of the
principal structure.
Purpose: To allow the recently constructed shed to remain.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12
(A)(4) Separation Between Structure Requirements
• 9.75 ft. off the required 10 ft. to a distance of .25 ft. between the principal
structure and the accessory structure.
Minutes of the Golden Valley Board of Zoning Appeals
August 23, 2016
Page 6
Purpose: To allow the recently constructed shed to remain.
McGuire Brigl referred to a photo of the property and stated that the applicant is
requesting variances in order to maintain a recently built, non-conforming shed. She
explained that the shed should have been built completely to the rear of the home and
that there should be 10 ft. of separation between the home and the shed.
McGuire Brigl said that the applicant's stated unique circumstances are that his corner
lot limits the rear yard area because of the two front yards, the rear yard is largely
mature gardens and trees, and he needs the shed close the driveway to store his snow
blower.
Kluchka noted that a big part of this issue is that the shed is not attached to the garage.
McGuire Brigl agreed and explained that the applicant could put frost footings under the
shed and bolt the shed to the garage and it could remain where it is, or it could be
moved to a conforming location. Maxwell noted that the Board has denied similar
requests in the past and asked the reason for the footings and bolting it to the garage.
McGuire Brigl said that is what it would take to make the shed compliant with the
building code.
Orenstein questioned why the homeowner does not want to put the shed in the
buildable area. Johnson stated that the conforming area is heavily landscaped.
Goellner added that there is a lot of conforming space the homeowner could use for the
shed location, he just built it without knowing the regulations.
Kirk Hyatt, Applicant, said they are d`oing significant interior remodeling to their house
and part of that project was to address their storage area. He said they have historically
stored their gardening items, etc. under a blue tarp. He stated that he thought he had
the proper permits for the shed and that he didn't willingly or knowingly try to subvert the
codes. He stated that 80 to 85% of the buildable area is not buildable because it has
gardens, lighting, or irrigation.
Maxwell asked Hyatt why he is opposed to putting in frost footing and bolting the shed
to the garage. Hyatt said it seems like a sham. Orenstein said the Board can't pass
judgement on the building code, they can only address zoning code issues.
Nelson said she thinks the request is reasonable but the issue was caused by the
landowner. She said the Board has to be consistent regarding the variances they grant
and that another person asking for the same variance might not have as nice of a shed,
so she is sympathetic, but it is beyond what the Board reviews.
Maxwell reiterated that the shed doesn't have to be moved. Hyatt asked the Board if
they would feel differently if there was discussion that says his shed does meet the
building code requirements. Maxwell suggested tabling the variance requests so that
the applicant can get clarity from the Inspections Department and maybe he won't be
forced to move the shed. The applicant agreed.
Maxwell opened the public hearing.
Minutes of the Golden Valley Board of Zoning Appeals
August 23, 2016
Page 7
Dave Hoberg, 2157 Orchard Avenue North, said he is an engineer and he questions
why frost footings would be needed because he thinks the garage is a floating slab so
putting frost footings under the shed would not work. He said this is a unique
neighborhood and he doesn't want to lose much of the character.
Seeing and hearing no one else wishing to comment, Maxwell closed the public
hearing.
MOVED by Kluchka, seconded by Orenstein and motion carried unanimously to table
this proposal to the next Board of Zoning Appeals meeting.
III. Other Business
No other business was discussed.
IV. Adjournment
The meeting was adjourned at 8:23 pm.
George Maxwell, Vice Chair Lisa Wittman, Administrative Assistant
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Date: September 27, 2016
To: Golden Valley Board of Zoning Appeals
From: Chloe McGuire Brigl, Planning Intern
Subject: 4805 Markay Ridge
Kirk and Pamela Hyatt, Applicant
Kirk and Pamela Hyatt, owners of the property at 4805 Markay Ridge, are seeking variances from
the City Code to maintain a non-conforming accessory structure. The applicants are seeking a
variance of 9.75 feet off the required 10 feet between an accessory structure and a principal
structure, as well as a variance from the requirement that all accessory structures must be
compietely to the rear of the principal structure.
The applicants recently built a shed on the west side of the home in a non-compliant location;
they have applied for variances in order to prevent the need to remove and relocate the shed.
Accessory structures must be completely behind the home. Accessory structures must not be
within 10 feet of another structure. As it stands, the shed is not completely to the rear of the
home and is .25 feet from the existing two-stall garage. The property is a corner lot on Markay
Ridge and Orchard Avenue. Due to regulations on corner lots, there is limited area for an
accessorystructure.
On August 23, 2016, the applicant and Board decided to table these variances due to confusion
around the applicant's options surrounding the Building Code. Staff has clarified the applicants'
options as they relate to the Building Code. As the shed currently sits, it is only non-compliant
with the Zoning Code; as long as the shed remains unattached from the principle structure, it
remains compliant with the Building Code.
The Zoning Code requires that accessory structures be completely to the rear of the structure
unless built with frost footings (this shed does not have frost footings). The code was written this
way to prevent a common issue seen in the past. It was common to build a garage without frost
footings and attach it to the house several years later with a breezeway. However, it should be
noted that it is less likely that a homeowner will connect a breezeway to a shed of this size.
Now, frost footings are required to prepare detached structures for later attachment. This
portion of City Code treats all accessory structures (detached garages, sheds, etc.) in the same
way, and was written to ensure that detached garages are built with footings, in case the
homeowner later wishes to attach the detached garage to the home with a breezeway and make
it livable space.
The proposal requires variances from the following sections of City Code:
Section 11.21, Single Family Zoning District, Subd. 12(A)(1): A detached accessory structure shall
be located completely to the rear of the principal structure unless it is built with frost footings.
The applicant is requesting a variance from the requirement in order to keep a detached
accessory structure in a location that is not completely to the rear of the principal structure.
Section 11.21, Single Family Zoning District, Subd. 12(A)(4): Accessory structures shall be located
no less than 10 feet from any principal structure and from any other accessory structure. The
applicant is requesting a variance of 9.75 feet off the required separation of 10 feet to a distance
of.25 feet between the accessory structure and the principal structure.
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.
The Zoning regulations related to this proposal were created to determine location and
aesthetics of the shed. The variances from the Zoning Code do not oppose the Building Code.
Each section of the City Code that the applicant is requesting variances from were written with
specific safety measures in mind. Since the shed is so close to the house (.25 feet), Staff feels that
the distance between the structures is not an issue. There is adequate space on the lot.
Additionally, having a shed near the home is a reasonable use, and the aesthetics of the lot are
unique to this property. The closeness of the shed and the home does not seem to alter the
character of the locality; many neighbors have written Staff to express their approval of the shed.
The applicants' request to maintain a shed not completely to the rear of the home is a unique
circumstance, and a reasonable use of the property. Staff does not feel that the existing look of
the shed alters the essential character of the locality.
The Board is able to grant the proposed variances without creating a non-conformance with the
Building Code if the variances are approved. The shed is able to stay as-is without pouring
footings and still be in compliance with the Building Code.
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Minutes of the Golden Valley Board of Zoning Appeals
August 23, 2016
Page 5
better. He said he is in favor of this smal ariance request and noted that the property to
e north has a garage along the side pr erty line so it would not be impactful to them.
Seei and hearing no one else wishing o comment, Maxwell closed the publi hearing.
Orenst noted that the applicant is not sking for a three-stall garage an t�the Board
has grant larger variance requests in e past so granting the reque ould not be
inconsisten . elson agreed and said sh is sympathetic, but the icant in this case
could build a r garage without varia es.
Orenstein said he w d like the articulat n requireme be met. The Board agreed.
Kluchka suggested tha order to meet e articul ' requirement and have a functional
space the applicant could ove the ve ibule i de the garage, create a bump-out for
the mudroom addition and the remove t p osed office in the back of the proposed
addition or the workbench area i° e fron the proposed addition. Maxwell suggested
asking the applicant if she would lik hat. Kluchka said the Board has to address the
application that was submitted.
%
Nelson said it sounds like the ard is ok i . .the side yard variance request but not with
the request for no articulati . Johnson sa it ' sn't make sense to knock down the
garage for an additional r 3 feet or to b d a 4= ��t wide office. Maxwell said they could
remove the proposed ice or workbench d they ably wouldn't need articulation.
Skophammer said e thinks they can co up with a �lation ideas.
_ �,�
MOVED by N on, seconded by Kluchka d motion carried` nimously to approve a
variance for .5 ft. off the required 12.5 ft. t a distance of 10 ft. � closest point to
the side y d (north) property Iine to allow f r the construction of a hc��addition.
�
MOVED by Nelson, seconded by Johnson d motion carried unanimously to deny the
variance request to build an addition 35.5 f t in length with no articulation.
4805 Markay Ridge
Kirk & Pamela Hyatt, Applicants
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12
(A)(1) Accessory Structure Location Requirements
• Detached accessory structures shall be located completely to the rear of the
principal structure.
Purpose: To allow the recently constructed shed to remain.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12
(A)(4) Separation Between Structure Requirements
• 9.75 ft. off the required 10 ft. to a distance of .25 ft. between the principal
structure and the accessory structure.
Minutes of the Golden Valley Board of Zoning Appeals
August 23, 2016
Page 6
Purpose: To allow the recently constructed shed to remain.
McGuire Brigl referred to a photo of the property and stated that the applicant is
requesting variances in order to maintain a recently built, non-conforming shed. She
explained that the shed should have been buiit completely to the rear of the home and
that there should be 10 ft. of separation between the home and the shed.
McGuire Brigl said that the applicant's stated unique circumstances are that his corner
lot limits the rear yard area because of the two front yards, the rear yard is largely
mature gardens and trees, and he needs the shed close the driveway to store his snow
blower.
Kluchka noted that a big part of this issue is that the shed is not attached to the garage.
McGuire Brigl agreed and explained that the applicant could put frost footings under the
shed and bolt the shed to the garage and it could remain where it is, or it could be
moved to a conforming location. Maxwell noted that the Board has denied similar
requests in the past and asked the reason for the footings and bolting it to the garage.
McGuire Brigl said that is what it would take to make the shed compliant with the
building code.
Orenstein questioned why the homeowner does not want to put the shed in the
buildable area. Johnson stated that the conforming area is heavily landscaped.
Goellner added that there is a lot of conforming space the homeowner could use for the
shed location, he just built it without knowing the regulations.
Kirk Hyatt, Applicant, said they are doing significant interior remodeling to their house
and part of that project was to address their storage area. He said they have historically
stored their gardening items, etc. under a blue tarp. He stated that he thought he had
the proper permits for the shed and that he didn't willingly or knowingly try to subvert the
codes. He stated that 80 to 85% of the buildable area is not buildable because it has
gardens, lighting, or irrigation.
Maxwell asked Hyatt why he is opposed to putting in frost footing and bolting the shed
to the garage. Hyatt said it seems like a sham. Orenstein said the Board can't pass
judgement on the building code, they can only address zoning code issues.
Nelson said she thinks the request is reasonable but the issue was caused by the
landowner. She said the Board has to be consistent regarding the variances they grant
and that another person asking for the same variance might not have as nice of a shed,
so she is sympathetic, but it is beyond what the Board reviews.
Maxwell reiterated that the shed doesn't have to be moved. Hyatt asked the Board if
they would feel differently if there was discussion that says his shed does meet the
building code requirements. Maxwell suggested tabling the variance requests so that
the applicant can get clarity from the Inspections Department and maybe he won't be
forced to move the shed. The applicant agreed.
Maxwell opened the public hearing.
Minutes of the Golden Valley Board of Zoning Appeals
August 23, 2016
Page 7
Dave Hoberg, 2157 Orchard Avenue North, said he is an engineer and he questions
why frost footings would be needed because he thinks the garage is a floating slab so
putting frost footings under the shed would not work. He said this is a unique
neighborhood and he doesn't want to lose much of the character.
Seeing and hearing no one else wishing to comment, Maxwell closed the public
hearing.
MOVED by Kluchka, seconded by Orenstein and motion carried unanimousJy to table
this proposal to the next Board of Zoning Appeals meeting.
I. Other usiness
No her busi ess was discussed.
IV. 'ou ment
The meeting as ad' rned at 8:23 pm.
A
George Maxwell,`°Vice Chair Lisa Wittman, Administrative Assistant
PLANNING APPLICATION,ZONING CODE VARIANCE
Hyatt Property at 4805 Markay Ridge
ATTACHMENT ONE
SITE INFORMATION
We are requesting two variances from the City Code:
Section 11.21, Single Family Zoning District, Subd. 12(A)(1):A detached accessory structure shail be located
completely to the rear of the principal structure. We are requesting a variance so we may retain a detached
accessory structure in a location that is not completely to the rear of the principal structure, because:
1. We have no usable, unoccupied property which is completely to the rear,
2. The necessity of pouring a 70'sidewalk from the rear of the yard to the driveway would constitute a
substantial practical di�culty,
3. Needing to maneuver a snow blower 70'to the driveway constitutes a substantial practical difficulty.
Section 1121, Single Family Zoning District, Subd. 12(A)(4):Accessory structures shall be located no less than ten
(10)feet from any principal structure and from any other accessory structure. We are requesting a variance of 9.75
feet from the required separation of 10 feet, to a total distance of three inches between the accessory structure and
the principal structure (garage wall) because the 10 foot requirement would result in practical difficulties and visual
barriers to at least one neighbor.
DETAILED DESCRIPTION/OVERVIEW
We are remodeling our home through Silvermark DB this summer.We expressed a desire to improve our outdoor
storage capability as part of the project, eliminating the need to store yard machinery/tools/garbage bins adjacent to
the garage,fully-exposed.After inspection of the property, our design team and us came to the conclusion that the
most practical location for an external storage structure was immediately adjacent to the garage, allowing the most
convenient driveway access,for the snow blower in particular. This location also allows us to conform to the City's
written desire that garbage and recycling bins be hidden from street view, since we store the bins inside the shed.
We ordered an 8'x12'with 8' max height lean-to shed from Tuff-Shed (photos one and two). It sits on a new concrete
slab adjacent to the western garage wall. It is custom-painted to match the house colors.
As homeowners we thought(incorrectly as it turns out)the necessary paperwork was filed as part of the whole
remodeling project to insure the shed was in conformance with Code.We ordered the shed and it was installed on
July 24;we received a letter a few days later indicating we were not in conformance,which came as a surprise to us
and precipitated these requests.
NEED FOR VARIANCES
Without the variances we will be left with nowhere on our lot to store yard machinery and tools in an aesthetically
pleasing fashion and in a fashion that allows reasonable use of the property. Replacing the shed completely in the
rear will require destruction of existing gardens, re-routing of irrigation lines and removal of low-voltage landscape
lighting system (see photos three-five). It would also necessitate pouring a long (70 feet plus) concrete sidewalk to
allow snow blower access to driveway.
UNIQUE FEATURES OF PROPERTY
Our corner lot means we don't have much land that would be considered truly a"rear"part of the lot. Nearly all of the
rear property, as defined by the City, is covered by mature gardens,trees, plantings, bluestone patio and other area
which is not buildable. In addition, much of our property sits on sloping, non-flat land and the flat land we do have is
fully planted with trees and ornamentals.
LANDOWNER ACTION(S)
The facts that we have a corner lot with minimal usable at-rear space, mature trees, gardens, sloping land are all
beyond our control, not cause by our action(s). Neither is the fact that for us to have reasonable access to get the
snow blower to our driveway necessitates close proximity between the shed and principal structure. This is the
practical difficulty of the scenario absent the variances.
ESSENTIAL CHARACTER
The shed fits well on our property and looks very natural.The neighbors really like it and believe,as do we, that it's a
vast improvement from what we used to have(exposed garbage bins, machinery, stacked chairs, etc).All of our
surrounding neighbors we have spoken with have been very supportive of the improvement. None can conceive of a
reasonable alternative location.We believe the shed not only preserves the essential character of the neighborhood,
it improves the character.
ALTERNATIVES
Joe Kauth of the City met with us on August 3. He and the President of Silvermark DB concluded that it may be
possible to remove the shed from iYs slab, pour footings and bolt the shed to the garage. This may make it an
attached structure and possibly in conformance with building code. However,this approach is expensive and seems
to undermine the principal reason for an attached structure code;to insure the safety of occupants, of which this shed
will have none.
ATTACHMENT TWO
We filed a new survey with the City prior to remodeling project in Spring, 2009.
ATTACHMENT THREE
Photo one-Shed,from street
Photo two-Shed,from west
Photo three-Gardens in rear, looking southwest
Photo four-Gardens in rear, looking west
Photo five-Gardens in rear, looking north towards garage
ATTACHMENT FOUR
Check enclosed
ATTACHMENT FIVE
Property Legal description
ATTACHMENT SIX
Site drawing of property with current shed location noted by X.
August 8, 2016
V`� `�l ��� _.. �/1
. �---�-{-c c c,� •.,n-�,,,r�- j �C
. � ��
� 2006 IRC BUII.DING CODE
2007 MINNESOTA BUILDING COdE
MINNESOTA ENERGY CODE
ZONED: R1 SINGLE FAMILY DWELLING
SETBACKS: FRQNT YARD: 35'
S1DE YARD: 15'
RFAR: 20%OF I.OT DEPTH
GARAGE ARF1�: 1000 SF TOTAL,ATTACHED&DETACHED
HEIGHT: 2$'
LOT COVE�2AGE: 30%MAX. =.30x18,864 SF=5659 SF
NO CHANGE PROPOSED
IMPERVIOUS SURFACE: 50°Io =.50x11,218 SF=3A32 SF
NO CHANGE PROPOSED
2. CODE INFORMATIaN
--.__ ,
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1, SITE PLAN SGALE, 1 -34 3•
Planning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 titv of
763-593-8095 � TTY:763-593-3968 � www.goldenvalleymn.gov � planning@goldenvalleymn.gov golden
PLANNING APPLICATION valley
. . . . - . . -
Street address of property in this application� J
G���';? � �/��`,4�- �;� .�,j ,Jc �-��t�:::%
� "
. • • • � •
Name(indi idual,or corpora�ntitiy): �/'
�j�l�-- '� (/ 0.�.+„� (� // '��
Address: /V., � /��t �/ �-e���t� � 1�/ ��� /_� Z
���� 1��Ic�.r l�� �_ , �.( �_ �
Phone number: q� Email address: �) /
�L 3 � c�� y-� f) / �.��1 `� •r�`a '�'G,i v `V"�t�i'�.,,/�r L-1c'�
Authorized Representative(if other than applicant):
Name:
Address:
Phone number: Email address:
Property Owner(if other than applicant):
Name:
Address:
Phone number: Email address:
• � •
Provide a detailed description of the variance(s)being requested:
� l'�.� C�:.�L� "-� �1 �n"�""' t? +i'�L
Provide a detailed description of need for a variance from the Zoning Code, including description of building(s),description of proposed
addition(s),and description of proposed alteration(s)to property:
�-�`'.�.—. �" C--l�'( 4"�,1 �c%t/�-� �/Yt.�-.
��� �
Planning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 tity of
7b3-593-8095 � TTY:763-593-3968 � www.goldenvalleymn.gov � planning@goldenvalleymn.gov golden
valley
. . . . - . . - . - .
Minnesota State Statue 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.
���'�'��" �/��C`�" �ti�.Q�'C�'Y��.
What is unique about your property and how do you feel that it necessitates a variance?
�U�---�')'� C".�.�,-t�'��""�`_ C,�.
��°;,;�-_ ,V .�-
c�—`°
Explain how the need for a variance is based on circumstances that are not a result of a landowner action.
_ �.�'� � ;�`��C�.'�l i�v�%.-t.�� G' ��
�. `_
Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole.
�,��. ���'���_ C"-�/t 1.('�'.�—'C�c.� ��,
`��'�--
Planning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city of ��°
763-593-8095 � TTY:763-593-3968 � www.goldenvalleymn.gov � planning@goldenvalleymn.gov golden
valley
� • • • - . . . - .
The City requests that you consider all available project options permitted by the Zoning Code before 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 from the Zoning Code.
y�� _ �V G�VLt-��� 6��
"-C'� '
� . , .
O Current survey of your property,including proposed addition and new proposed building and structure setbacks(a copy of Golden
Valley's survey requirements is available upon request;application considered incomplete without a current property survey)
O One current color photograph of the area afFected by the proposed variance(attach a printed photograph to this application or
email a digital image to planning@goldenvalleymn.gov;submit additional photographs as needed)
O Fee:$20o application fee for Single-Family Residential,$30o application fee for all other Zoning Districts
O Legal description:Exact legal description of the land involved in this application(attach a separate sheet if necessary):
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 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 before the public hearing to inspect the area afFected by this request.Please include printed name,signature,and date for ap-
plicant,authorized representative(if other than applicant),or roperty ower(if other than applicant).
)
Name of Applicant(please print): �� �'y L � CI, �
Signature of Applicant: ��' ``'*'-'�f Date: � �� f(;;�
Authorized Representative(if other th�n applicant)
Name(please print):
Signature:_ Date:
Property Owner(if other than applicant)
Name(please print):
Signature: Date:
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 direcfly 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 before the public hearing.
� This tlocument 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 alternate formats may include large print,electronic,Braille,audiocassette,etc.
�
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Date: September 27, 2016
To: Golden Valley Board of Zoning Appeals
From: Chloe McGuire Brigl, Planning Intern
Subject: 4601 Elmdale Road
James P Van Heel, Applicant
James P Van Heel of Van Heel Dream Buiiders Inc., representing the owner of the property at
4601 Elmdale Road, has requested variances from the City Code to build a home addition that
includes an attached garage.
The existing home is 21.8 feet from the front (north) property line. The property is a corner lot,
and according to City Code technically has two front yards, one for each abutting street. As stated
by the applicant, this limits the buildable area, and almost any remodel would require a variance.
A previous front yard setback variance of 2.5 feet off the required 35 feet was granted in 2007 in
order to bring the existing home into conformance and to allow the construction of a deck.
The front yard setback requirement is 30 feet for open front porches with no screens, and 35 feet
for other structures. The applicant is seeking a variance of 14 feet off the required front yard
setback of 30 feet to build an open front porch 16 feet at its closest point to the front yard
(north) property line. The applicant is also seeking a variance of 15 feet off the required front
yard setback of 35 feet to build an attached garage 20 feet at its closest point to the front yard
(north) property line.
The proposed open front porch would be 4 feet by 9 feet and match the design of the home. The
rest of the addition would extend the existing front plane of the home. The proposed home
addition is 1,022 square feet; it would include a dining room, attached garage, and a mudroom
with a half-bathroom, providing a second bathroom for the home. The proposed garage is
average size, 23.5 feet by 24 feet (564 square feet). The existing detached garage would be
removed.
The applicant states that the home has not been updated since it was built in 1948. At this time,
the homeowner has difficulties arising from the detached garage 45 feet from the home, the lack
of a second bathroom in the home, and the laundry room's current location in the basement. The
remodel would create a half-bathroom for the home, and increase the comfort of the home by
moving the laundry to the first fioor mudroom and creating an attached garage. The appiicant
looked into alternatives within the Zoning Code, but due to the home being located 20 feet from
the property line, there is little buildable area and additions conforming to the Zoning Code
would not be as functional, aesthetic, or fit with the neighborhood character.
The proposal requires variances from the following sections of City Code:
Section 11.21, Single Family Zoning District, Subd. 11(A)(1) Front Yard Setback Requirements: The
minimum front yard (north) setback requirement for decks and open front porches, with no
screens, is 30 feet. The applicant is requesting a variance of 14 feet off the required 30 feet to a
distance of 16 feet at its closest point to the front yard (north) property line.
Section 11.21, Single Family Zoning District, Subd. 11(A)(1) Front Yard Setback Requirements: The
minimum front yard (north) setback requirement is 35 feet. The applicant is requesting a variance
of 15 feet off the required 35 feet to a distance of 20 feet at its closest point to the front yard
(north) 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.
Staff recognizes the existing difficulty of any home addition on a corner lot. The buildable area is
limited, and the existing detached garage poses difficulties for the homeowner. Staff finds the
proposed addition to be reasonable and does not believe it will alter the essential character of
the locality. The homeowner presents practical difficulties uncaused by the landowner, as the
home has not been updated since it was built, including a detached garage and the existing home
being set 20 feet from the property line. The home addition would continue the existing front of
the home. This lessens the impact on the surrounding neighborhood, and fits with the character
of the neighborhood by creating an attached garage and front porch. The home addition is a
reasonable use of the property.
Staff recommends approval of the request for a variance of 14 feet off the required front yard
setback of 30 feet (for an open front porch) to a distance of 16 feet at its closest point to the
front yard (north) property line.
Staff recommends approval of the request for a variance of 15 feet off the required front yard
setback of 35 feet to a distance of 20 feet at its closest point to the front yard (north) property
line for an attached garage.
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'"' Jim Van Heel,CR p:763-542-9058
President f 763-542-19I8
1VINLicense#1592 c:763-438-9920
1,� 2375 Orklu Drive un.vw.vanheeldreams.com
Dre� ^ l L(.Ler�. Golden Yalley MN 55427 e:jim@vanheeldreams.cmn
City of Golden Valley - �� � _ , t .;, ..
Pianning �epartment _ � �;
Re: 4601 Elmdale Rd Variance Application, Homeowner: Cheryl Wilson �
To Whom It Muy Concern: �
We plan to build a 1,022 sq ft addition to the Wilson home as follows:
• Remove existing detuched two-cur garage which is 45' from the side dvor
• Build addition on home that includes a two-car attached 564 sq ft gara,ge,
��
mudroom/first-floor laundry, half-bath and dining area which will be 458 sq ft of living i��
spaee. �-
��
. ���
The addition will be in line with the existing home, which is currently 21.8' from the front
property line, but becnuse the roc►d is not parallel to the house, the closest corner of the
addition wil) end up 20' from the front property (ine.
There are several precedents in the neighborhood. All of the neighboring homes on that ��
block of Elmdale Rd encroach on the current setbQck st4ndards.
t ;�
The home to the west has a garage that is 20.8' from the property line, and the NW ��
corner of the house is npproximately 18' from the Elmdale property line.
Across the street and to the west is a home on which we did work several years ago. It is
22' from the property (ine.
The homeowner is a retired widow. This addition will make her life easier. As stated
above, the garage is not close to the house and this is a hardship for her, especially in the
winter. The house also does not currently have a dining are4,and only has �ne bathroom.
The addition will include both. The first-floor laundry will eliminate the nQed for her to go
to the basement to do laundry. '
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�Idnning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 <<ty'�j��� -'��
763-593-8095 � TTY:763-593-3968 � www.goldenvaHeymn.gov � planning@go�denvaileymn.c�ov Yh������?�� -�
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. . . . - . .
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�re�i ati�iress of property in this application:
4601 Elmdale Rd �
. . . • � •
Name(individual,or corporate entitiy):
James P Van Heel, Van Heel Dream Builders Inc
Add ress:
2375 Orkla Dr, Golden Valley MN 55427
Phone number: Email address:
763-438-9920 jimC�vanheeldreams.com
Authorized Representative(if other than applicant):
Name:
Address:
Phone number: Email address:
Property Owner(if other than applicant}:
Name:
Cheryl Wilson
Address:
4601 Elmdale Rd
Phone number: Email address:
612-558-0779 cherylwilson5221C�comcast.net
• . . .
Provide a detailed description of the variance(s)being requested:
This variance is needed to build a 1,022 sq ft addition to the home. The variance is to waive the
setback requirement to allow the setback at the NW corner to be 20'. The open entry porch/stoop
will be 4' x 9'.
Provide a detailed description of need for a variance from the Zoning Code,including description of building(s),description of proposed
addition(s),and description of proposed alteration(s)to property:
The variance is needed to be able to do the pro ject. The proposed pro ject is as follows:
{ The existing two-cnr detached garage wil) be removed. The nddition will include a 564 sq ft garage
I (23.5' x 24') and 458 sq ft added to the house, consisting of a mudroom/first-floor laundry, half-
bath and dining area. The variance is to waive the setback requirement to allow the setback at the
NW corner to be 20'. There will be a 4' x 9' open porch on the front of the house.
P�dttiting � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 �,a}%z+t ,, �:��
763-593-8095 , TTY:763-593-3968 � www.goldenvalleymn.gov � planning@goldenvalleymn.gov ���j������ ` `'fi''
� ��11��T
. • • • - . . . - .
' The City requests that you consider al)available project options permitted by the Zoning Code before 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 from the Zoning Code.
There is no reasonable way to do this pro ject without the vnriance. The requirements would create a
house that would look strange and wouldn't be aesthetically acceptable. Also the dining area would e d
up 8' wide, which would not be functional.
• � � � .
� Current survey of your property,including proposed addition and new proposed building and structure setbacks(a copy of Golden
Valley's survey requirements is available upon request;application considered incomplete without a current property survey)
O One current color photograph of the area affected by the proposed variance(attach a printed photograph to this application or
email a digital image to planning@goldenvalleymn.gov;submit additional photographs as needed}
O Fee:$20o application fee for Single-Family Residential,$30o application fee for all other Zoning Districts
O Legal description:Exact legal description of the land involved in this application(attach a separate sheet if necessary):
. •
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 there is no alternate way to achieve my objective except to seek a variance to
zoning rules and regulations. (give permission for Golden Valley staff,as well as members of the Board of Zoning Appeals,to enter my
property before the public hearing to inspect the area afFected by this request. Please include printed name,signature,and date for ap-
plicant,authorized representative(if other than applicant),or property ower(if other than applicant).
Name of App{icant(please print): `rQmeS P VQt1 H22I, Van Heel DreQm Builders Inc
Signature of Applicant: Date:
Authorized Representative(if other than applicant)
Name(please print):
Signature: Date:
Property ner ' other n applicant)
Nam (plea e pri er I�SOt1
Signa ure: Date:
� � /
Please note:The � of Gofden Val(ey wifl send notice of your variance request to alf adjoining property owners as we(f as owners of
properties directly across streets or a((eys. Your neighbors have the right to address the Board of Zoning Appeals at your pubfic hearing.
You are advised to personally contact your neighbors and explain your project to them before the pub(ic hearing.
� 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 alternate formats may include large print,electronic,Braille,audiocassette,etc.
Pl�nning � '800 Goiden Valley Road,Golden Valley,MN 55427-45&8 G ttV of=�� , '=�
763-593-8095 � TTY:7b3-593-3968 � www.goldenvalieymn.gov � planning@go�denvalleymn.gov *�(���('}���
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• • • • ' . . • � •
Minnesota State Statue 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 462357,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.
This addition wiil allow the homeowner to have an attached garage ns well as a first-floor laundry,
mudroom, half-bath (currently only one bathroom in the house), and dining area, none of which exist
in the house currently. The existing garage is 45' from her door.
What is unique about your property and how do you feel that it necessitates a variance?
According to current standards, this lot is not even buildable, hence any change at all requires a
variance. In addition, neighboring homes have similar setbacks. Lot #14 to the west is only 20.8'
from the property line at the garage corner, and approximately 18' at the NW corner of the house.
Explain how the need for a variance is based on circumstances that are not a result of a landowner action.
The house was built in 1948 and has not changed since that time.
Explain how, if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole.
This variance will improve both the appearance and function of this home. It will add value to the
property as well as the neighborhood and 6olden Vall ey.
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��" ��3-�9�-8U9517�3�59�-81 C}� (�ax}
Date: September 27, 2016
To: Golden Valley Board of Zoning Appeals
From: Chloe McGuire Brigl, Planning Intern
Subject: 1825 York Avenue North
Gordon Huser, Applicant
Gordon Huser, owner of the property at 1825 York Avenue North, is requesting a variance from
the City Code for a screened porch and garage relocation. The applicant is seeking a variance of
6.5 feet off the required front yard setback of 35 feet to a distance of 28.5 feet at its closest point
to the front yard (east) property line. The existing garage is 34.59 feet from the property line. The
existing home is on a triangular shaped lot and is 30.92 feet from the front yard (northeast)
property line at its closest point.
The current garage is situated above a walkout basement, and is at street level and frequently
has puddled water in the back half of the garage. The remodel would extend the garage 6 feet
towards the road and the back portion of the garage would be converted into an unheated
screened porch with a "man door." The existing garage floor would be replaced and steel
supports put in. The applicant notes that they would like to make improvements to the home
during the needed garage remodel.
The existing garage is approximately 17.5 feet wide by 21.5 feet deep (376 square feet), and the
proposed garage is approximately 17.5 feet wide by 19.5 feet square feet deep (341 square feet).
The proposed screened porch would replace the rear of the existing garage and would be
approximately 18.6 feet wide and 8 feet deep (149 square feet).
The applicant states unique circumstances. The buildable area on this lot with the existing home
is limited. Additionally, they state that the existing garage is in disrepair and that they would like
to extend the garage during the necessary replacing of the garage floor, creating a screened
porch and side door access into the garage. The applicant states that while the water and safety
issues with the garage existed at purchase, the applicant was unaware of the problem. Finally,
the applicant states that the view from the street would be relatively unchanged with the
proposed addition. The existing garage would move forward toward the street and a screened
porch would be constructed in place of the existing garage.
The proposal requires a variance from the following section of City Code:
Section 11.21, Single Family Zoning District, Subd. 11(A)(1) Front Yard Setback Requirements: The
minimum front yard (east) setback requirement is 35 feet. The applicant is requesting a variance
of 6.5 feet off the required 35 feet to a distance of 28.5 feet at its closest point to the front yard
(east) 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.
Staff recognizes the existing difficulty of any home remodel or addition on this triangular-shaped
lot. The existing home does not conform to the existing Zoning Code on the front or side yard
yards, which makes additions difficult and not caused by the landowner. Staff recognizes that the
proposed addition would keep the view from the street relatively unchanged and not alter the
essential character of the locality. It is a reasonable use of the property.
Staff recommends approval of the request for a variance of 6.5 feet off the required front yard
setback of 35 feet to a distance of 28.5 feet at its closest point to the front yard (east) property
line.
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Pianning � 78U0 Gc�irlen Valley iiGad,Goi�ien Valley,MN 55427-45f38 citv n�
763-59:i-A095 ! T7'Y:7fi3-593-3968 ( www.goldenvalieyrnn.gov � planningc�agold�nvalleynin.gav (rU����
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Street address of property in this appfication:
l 2 0�1� �e� v�.- �n�r�, C�D���e� �1�.���2 , N�!�. �j��2�-
. �� , • � •
Name(individual,or corporate entitiy):
Cc��C�vh r �Gl��,. W t(��'1� �
Address:.
141 Z� �c�►^k ��. IV���• Cv�c��e� �)�-�1�e , ��v• ���2�'
phone number: Email address:
C��� - 333 �- y�-� � ��i��se�- �a;� . ���
Au#horiied Representative(if other than applicant):
Name:
Address
Phone number. Email address:
Property Owner(if'bther than applicant}:
Name:
Address:
Phone number: Email address:
•� �
Provide a detailed description of the variance(s)being requested:
Requesting variance for a front setback for a 6'addition to the front of the existing garage.
Section 11.21 Subdivision 11. Principal Structures A.1.Front setback.
Provide a detailed description of need for a variance from the Zoning Code,including description of building(s),description of proposed
addition{s),and description of proposed alteration(s)to property:
Existing garage is at street level and has a similarly sized walkout ro�m beneath it. 7he garage flaor is cracked,
spalling,and failing. Water from vehicies puddles in back half of garage. A structural eng+neer,working with
Concrete Science has engineered structural steei supports and concrete that will replace existing garage floor once
existing floor is rernoved. Considerin�the costs involved residents would like some improvement to dwelling. By
extending garage 6'toward the sireet,the back of the garage can be converted to an unheated screen porch within
the existing footprint. This would be a welcome amenity for the wooded yard. The additian also wilt include a"man
door"aHowing access from the garage to the outside currently only possible through the garage door.
Planning � 78t�fl Ge�ic�en VaEley Ru�3cl,Golden Vafley,NIN 554"27-4588 citt c�� °�
763-.59:3-8Q95 � TT Y:7C3-593-3968 � www.goider3vaNeyrnn.gc>v � planninc3t�ugoldenvalleyrnn.c�ov �1"(�j���('��
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• • • • - . . . - .
Minnesota State Statue 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�ot alter the essential character of the locality
To demonstrate how your request will comply with Minnesota State Statute 462.357,p�ease respond to the following questions.
Explain the need for your variance request and how it wil)result in a reasonable use of the property.
7he foremost concern is to correct the prob{ems with the garage floor resolving safety and water issues. The
addition of a screen porch within the existing footprint of the garage will add value to the house and creating more
(iving space within the existing faotprint. This is the best location because of the triangular shape of the lot.
What is unique about your property and how do you feel that it necessitates a variance?
Existing house is located an a triangular lot thet precludes locating of a screen porch on the sides of the house.
Building a screened structure off the back of the hause would ruin the view from the living room,be very costly
and disallow light to lower level(iving space. The addition of a"man daor"allows direct access to outside from
garage.
Explain how the need for a variance is based on circumstances that are not a result of a landowner action.
The problem existed at purchase. Previous owner did not disclose extent of the problem and tried to cover it up.
Over time the condition of the garage floor worsened. Wameowners have been trying to resolve the problem for
the past three years having hired two structural engineers,bringing in several concrete companies and four
construction companies. All of which either never returned,said it was too big of a job,or wented to tear the
entire structure down and rebuild it.
Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole.
The addition will be in the same style as the existing house. The majority of the existing structure will be
maintained. Same materials and colors will be used on exterior. A hip roof that matches the existing house will be
added to the new structure. Our neighborhood is unique and has several housing styles built over many years.
From the street,the house will essentially look the same. In our neighborhood in"Old Golden Valley",several
properties exceed the front setback of 35 feet.
Piarinfng ( 7800 Golden VaNey Ruaci,Golden Valley,MN 55427-4538 citL�n f �:
7fi3-59:3-809.5 � 1TY:7b3-59:3-3968 � www.golderavalleyrnn.gov � planniny��c�c>Id�rivalic�ymr�.c�c�v �{�r������
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• • • • - . . . - .
The City requests that you consider all available project options permitted by the Zoning Code before requesting a variance.The Board
of Zoning Appeals wil)discuss alternative options to seeking variance with you ak the public hearing.Please describe alternate ways to
do your project that do not require variances from the Zoning Code.
We first considered buiiding a small sun porch behind the garage, but the shape of the lot and the property
setback wouid require it be a very sma{I space. Also the structure o#the roof and building an elevated structure
would become very difficuit and costly.
Another alternative would be to build the sun porch off the back of the house. That would block the view from the
living room and disallow natural light into the lower level. It would also necessitate expensive roof work and
building an elevated structure.
. e � � .
O Current survey of your property,including proposed addition and new proposed building and structure setbacks(a copy of Golden
Valley's survey requirements is available upon request;application considered incomplete without a current property survey)
O One curre�t color photograph of the area affected by the proposed varia�ce(attach a printed photograph to this application or
email a digital image to planning�agoldenvalleymn.gov;submitadditional photographs as needed)
O Fee:$20o application fee for Single-Family Residential,$30o application fee for all other Zoning Districts
O Legal description:Exact legal description of the(and involved in this applicafion(attach a separate sheet if necessary):
. •
To the best of my knowledge the statements found in this application are true and correct.I a(so 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 al)options
afforded to me through the City's Zoning Code and feel 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 before the public hearing to inspect the area affected by this request. Please include printed name,signature,and date for ap-
plicant,authorized representative(if other than applicant),or property ower(if other than applicant).
Name of Applicant(please printj: yU►r'�(��l t�V 52�C'
.ti, G� f � /
Signature of Applicant: �'`y Date: J ���
Authorized Representetive(if other�khan applican#)
Name(please print):
Signature: Date:
Property Owner(if other than applicant)
Name(please print):
Signature: Date:
Please note:The City of Golden Vatley will send notice of your variance request to a!1 adjoining property owners as well as owners of
properties directly across streefs or a(Ieys. Your neighbors have the right to address the Boarcl of Zoning Appeals at your public hearing.
Yau are advised to personally contacf your neighbors and exp(ain your project to them before the public hearing.
This document is available in alternate formats upon a 72-hour request.Piease call 763-593-8Q06(TTY:763-5933968)to �
� make a request. ExamPles of alternate formats may inclutle large print,electronic,Braille,audiocassette,etc. ��
�
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Date: September 27, 2016
To: Goiden Valley Board of Zoning Appeals
From: Chloe McGuire Brigl, Planning Intern
Subject: 1115 Hampshire Avenue North
Kevin 0'Brien, Applicant
Kevin O'Brien, the owner of the property at 1115 Hampshire Avenue North, has requested a
variance from the City Code to build an open front porch in place of concrete steps. The existing
home is 24.1 feet from the front (east) property line. The front yard setback requirement is 30
feet for an open front porch with no screens, and 35 feet for other structures. The applicant is
seeking a variance of 10.9 feet off the required front yard setback of 30 feet to build an open
front porch 19.1 feet at its closest point.
Previous variances were granted to this property and homeowners, in 1996 and 1997 in order to
bring the home into conformance and to construct the garage seen today, as well as to construct
a kitchen on the southwest side of the home.
The proposed open front porch would be 9.6 feet wide and 5 feet deep, and replace the existing
the front concrete steps. Any porch greater than 25 square feet would require a variance in this
location. The proposed porch would be designed with wood, and match the design of two
neighboring properties. The porch would not have a roof, and would provide space on both sides
of the top landing for flowerpots. The applicant states that the existing home and the
neighboring homes are within the 35 foot setback, due to the right-of-way on Hampshire Avenue.
The applicant also notes that the neighboring homes have similar open front porches.
The proposa) requires a variance from the following section of City Code:
Section 11.21, Single Family Zoning District, Subd. 11(A)(1) Front Yard Setback Requirements: The
minimum front yard (east) setback requirement for decks and open front porches, with no
screens, is 30 feet. The applicant is requesting a variance of 10.9 feet off the required 30 feet to a
distance of 19.1 feet at its closest point to the front yard (east) 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.
Staff finds the proposal to replace concrete steps with an open front porch a reasonable use of
the property that would not alter the essential character of the locality. The proposed open front
porch would match the style of the two homes neighboring homes. The open front porch would
replace the existing concrete steps, and create little impact to the neighboring properties. The
applicant faces practical difficulties uncaused by the landowner, since the home is already set
within the existing front yard setback area, which makes any front yard improvements or
additions impossible without a variance.
Staff recommends approval of the request for a variance of 10.9 feet off the required front yard
setback of 30 feet to a distance of 19.1 feet at its closest point to the front yard (east) property
line.
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763-593-8095 � TTY:763-593-3968 � www.goldenvalleymn.gov � planning@goldenvalleymn.gov golden
� � � ��;� �IING APPLICATI {JN va11e�
. . . . - . . -
Street address of property in this application:
. 1 -f r'nr �/�'ti 1(�..r /�i'� N, �� �/".� ,�
. • � � . �
Name(individual,or corporate entitiy):
.1�J�1 �,� fi�f' � �ol
Address:
i�rs �-���rn s�,'r� ��r �l: �;�-�� 1���'�k� ����:�_ i����� ��ti�; �, �,�y-:���
Phone number: Email address:
l�'� �.� - � "�7 �e�� `1 y /C` /�Ct`P;r6�; :_ , , t� ���'n�
Authorized Representative(if other than applicant):
Name:
Address:
Phone number: Email address:
Property Owner(if other than applicant):
Name:
Address:
Phone number: Email address:
• � •
Provide a detailed description of the variance(s)being requested:
,r i
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Provide a detailed description of need for a variance from the Zoning Code,including description of building(s),description of proposed
addition(s),and description of proposed alteration(s)to property: / �
, . ,{,�e S�[, 5 c, r n {;"•G';.T ,�d��i � r�`> `3.�.
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. Planning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city of
763-593-8095 ( TTY:763-593-3968 � www.goldenvalleymn.gov � planning@goldenvalleymn.gov golden
valle�
• • • • - . . ' . - .
Minnesota State Statue 462•357 requires that a property exhibit"practical dif{iculties"in order for a variance to be considered.Practica)
difficulties:
• result in a use that is reasonable
• are based on a problem that is unique to the property
• are not caused by the landowner
• do not alter the essential character of the locality
To demonstrate how your request will comply with Minnesota State Statute 462.357,please respond to the following questions.
Explain the need for your variance request and how it will result in a reasonable use of the pro(perty. , _�
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What is unique about your property and how do you feel that it necessitates a variance? � ` � ��i��
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Explain how the need for a variance is based on circumstances that are not a result of a landowner action.
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Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole.
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Planning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city of
' golden
763-593-8095 ( TTY:763-593-3968 � www.goldenvalleymn.gov ( planning@goldenvalleymn.gov
valley
• � • � - . . • . - .
The City requests that you consider all available project options permitted by the Zoning Code before 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!o
do your project that do not require variances from ttie Zoning Code.
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_� ct {.,. TC;�( ���[?l i i t��f`:aTr�.a � L'��.et `[._'v:� I �i:`%"1- �r�' � k; 5 li'.� t�SS
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� Current survey of your property,including proposed addition and new proposed building and structure setbacks(a copy of Golden
Valley's survey requirements is available upon request;application considered incomplete without a current property survey)
� One current color photograpti of the area affected by the proposed variance(attach a printed photograph to this application or
email a digital image to planning@goldenvalleymn.gov;submit additional photographs as needed)
0 Fee:$20o application fee for Single-Family Residential,$30o applicatio�fee for all other Zoning Districts
O Legal description:Exact legal description of the land involved in this application(attach a separate sheet if necessary):
. •
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 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 before the public hearing to inspect the area affected by this request.Please include printed name,signature,and date for ap-
plicant,authorized representative(if other than applicant),or property ower(if other than applicant).
Name of Applicant(please print): {'� U�l.'r It/ �'(`�f i c'�7
Signature of Applicant: %1�,4'C�h,�-�' '�..��'��� Date• `t�%'ilr�
Authorized Representative(if other than applicant)
Name(please print):
Signature• Dale•
Property Owner(if other than applicant)
Name(please print):
Signature• Date•
Please note:The City of Golden 1/aliey will send notice of your variance request to all adjoining property owners as well as owners of
properties directly across streets or a(leys. Your neighbors have the right fo address the Board of Zoning Appeals at your public hearing.
You are advised to persona(ly contact your neighbors and explain your project to them before the public hearing.
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 alternate formats may include large print,electronic,Braille,audiocassette,etc.
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