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10-25-16 BZA Agenda Board of Zoning Appeals Regular Meeting Tuesday, October 25, 2016 7 pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes— September 27, 2016, Regular Meeting II. The Petition(s) are: 1350 Boone Avenue North Adrian Mov, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11 (A)(1) Front Yard Setback Requirements • 0.8ft. off of the required 35 ft. to a distance of 34.2 ft. at its closest point to the front yard (west) property line. Purpose: To allow for the construction of a second story 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 a second story addition with side walls 38'-1" in length with no articulation. Purpose: To allow for the construction of a second story addition. III. Other Business IV. Adjournment � Tf�is clacument is availa�ile in�lterr�ate formats u�ar�a 72-I�Qur r�quest. Please c�l! � ?63-593-�00G (TTY. 7�3-593-396�}t�lnake� request, Examples of alternate f�rmats � n��y include lar�e prit�t,electranic, Br�ille,audioc4��sette,etc. Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals September 27, 2016 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, September 27, 2016, 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 Ptanner/Grant Writer Emily Goellner, Planning Intern Chloe McGuire Brigl, and Administrati�e Assi�tant Lisa Wittman. I. Approval of Minutes—August 23, 2016, Regular Meeting ' MOVED by Nelson, seconded by Maxwell and motion carried 3 to 2 to approve the August 23, 2016, minutes as submitted. Waldhauser and Perich abstain�d.': 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 Lt�c�tion 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. McGuire Brigl reminded the Board that this item was tabled at their last meeting. She explained the applicant's request to maintain a recently constructed shed in a non- conforming location next to the garage, not completely to the rear of the home, and not 10 feet away from the home as required. McGuire Brigl clarified the requirements between the Building Code and the Zoning Code and noted that the shed can remain as is and be considered conforming to the Building Code, but that it would still be considered non-conforming with the Zoning Minutes of the Golden Valley Board of Zoning Appeals September 27, 2016 Page 2 Code. Nelson asked if the shed could be attached to the house/garage. McGuire Brigl said yes, if it has frost footings. McGuire Brigl discussed the applicant's stated unique circumstances including: corner lots have a limited rear yard area, the rear yard on his property is largely mature gardens and trees, the shed improves the home, and the neighbors like it. Waldhauser asked if the 10-foot separation requirement is really an issue with this proposal because there is enough room to move around the shed. McGwire Brigl agreed that the separation requirement probably isn't as big of an issue in this case as it might be in other cases. Maxwell asked McGuire Brigl what staff is recommending. McCuire Bric�l stated'that if the Board feels the location of the shed is ok then they should appraue the variance. Staff did not give a recommendation. Kirk Hyatt, Applicant, stated that he thought the sh�d was part of the overall plan of the remodeling project he is doing. He found out that it`was not, but even`if he had known, there isn't any place else to put it. He stated that this is a corner lot with mature landscaping and trees and that there are issues wifh putting a'shed in the side or rear yard because it would impact the neighbor's aesthetic. He added that if he put the shed in a conforming location he would have to �ut in a sidewalk in order to get his snow blower to the driveway. Waldhauser asked the applicant if there is room in his garage to store his snow blower. Hyatt said yes, but he has garbage cans to store as well. Nelson said she understands the (ocation of the shed, and it looks nice where it was built, but the Board has to be consistent with everyone. She questioned why the shed couldn't be attached to the house and frost footings added. Hyatt said that is an option. Waldhauser asked if the reason for requiring frost footings is in case a homeowner wants to attach an accessory structure later. McGuire Brigl said yes. Hyatt stated that he's created a mare func#ional and better looking option and location for the shed. Perich asked Hyatt if the`variance is denied if he would put frost footings under the shed. Hyatt said no, that would not be the plan. He added that it is encouraging to him that staff is more supportive of his request than they were last month. Maxwell said his understanding is that the homeowner thought a permit had been pulled for the shed and found out later that it had not. Hyatt agreed. Orenstein asked if a City Inspector noticed the shed. Hyatt said yes, that is what he was told. Perich opened the public hearing. Linda Buchanan, 2164 Perry Avenue North, stated that her backyard is adjacent to the applicant's back yard and what she sees now is beautiful gardens and mature trees. Minutes of the Golden Valley Board of Zoning Appeals September 27, 2016 Page 3 She stated that if the applicant moved his shed to his back yard it would impact her view so she is supportive of allowing the shed to remain where it is. Lucy Feneis, 4825 Markay Ridge, said she can see the shed from her property and it just looks like a part of the house. She added that it now holds the stuff she used to have to look at so she is also supportive of keeping the shed where it is. Seeing and hearing no one else wishing to comment, Perich closed the public hearing. Waldhauser said she is persuaded by two things, the combination of the Building and Zoning Codes don't really accommodate this type of situation and fc��tings �eem to not be necessary in this case. She said the location of the shed works best for the homeowner and neighbors. She stated that normally landscaping isn't a reason`' not to follow the code, but the location works and seems to make sense. Sh� added that she will discuss this issue with the Planning Commission. Perich said this situation is unique because the shed is already built:: He said he thinks the request is reasonable, the property is unique, and the Board has taken trees into account in the past, but he is not sure this is a situation not caused by the landowner. He said he is concerned about this becoming a slipp�ry slope for others to do the same thing. Nelson agreed and said she is syrnpatheti� and in this case the shed looks good, but it might not in other situations. Orenstein said he is also sympathetic and in this case he would like to see the shed remain. He added that this seems to be a gray area and they don't have a mechanisrn to address it. Perich noted that he thinks the Board would feel differently if the applicant Game`to thern with this request before he built his shed. Nelson agreed. Maxwell said he agrees the proposal is reasonable and it won't alter the character of its locality, but he questions the need for the variance not being caused by the landowner. He said he is somewhat pers�aded because he knows that the applicant thought it was ok to build the shed where he did so that wasn't really his fault, and the Board has taken trees and landscaping into consideration in the past, and the neighbors are supportive whi�h are all unique features in this case. Waldhauser said she doesn't think the homeowner caused the need for a variance in this case, but this property is not unique and there are a lot of other options and locations to put the shed. Goellner noted that the City Attorney has advised staff that the Board can look at each variance case individually and not just consider the precedent granting variances may set. MOVED by Maxwell, seconded by Orenstein and motion carried 4 to 1 to approve the following variance requests. Nelson voted no. Minutes of the Golden Valley Board of Zoning Appeals September 27, 2016 Page 4 • The existing detached accessory structures does not have be located completely to the rear of the principal structure. • 9.75 ft. off the required 10 ft. to a distance of .25 ft. between the principal structure and the accessory structure. 4601 Elmdale Road James P Van Heel, Applicant Request: Waiver from Section 11.21, Single Family Zoninc� District, Subd. 11(A)(1) FrontYard Setback Requirements • 14 ft. off of the required 30 ft. to a distance of 16 ft. at its clasest point to the front yard (north) property line. Purpose: To allow for the construction of an open front parch. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11 (A)(1) FrontYard Setback Requirements • 15 ft. 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 cc�nstru�tion of a new attached garage McGuire Brigl referred to a survey of the property and explained the applicant's request to build an open front porch and an addition fo the house that would include an attached garage, a dining room, a mud room and a half-bathroom. She explained that the applicant's stated unique circumstances are that the current structure was built in 1948 and has not changed since that time, the existing home is already non-conforming, the existing detached garage is 45 feet away from the home, and the corner lot limits the buildable ar�a. She stated that staff is recommending approval of the requested variances. Maxwell questioned,if there should also be a variance from the articulation requirements. Goellner said no because articulation is only required for side walls. Orenstein referred to the tree shown in the photos and asked if it would remain. McGuire Brigl said she didn't think the tree would be affected. Waldhauser stated that a lot of the houses in this neighborhood are set back differently and this proposal doesn't seem to aggravate that. Jim Van Heel, representing the property owner, said he feels the addition is nothing out of the ordinary, just an attached garage with a small bathroom, dining room and mudroom. Minutes of the Golden Valley Board of Zoning Appeals September 27, 2016 Page 5 He stated that the addition was designed to be straight in line with the front of the house and that the open front porch addition will add visual interest. He noted that by today's codes this lot would be unbuildable. He referred to the house to the west and noted that the front of that house is 18 feet from the front property line at its closest point so he feels what they are proposing for this property will fit in with the other houses in the neighborhood. Waldhauser asked if it would make a difference in the variance request if the rnudroom and laundry room weren't part of the proposed addition. Van Heel said nc�, because those rooms are not part of the depth of the proposed addition, they are part of the length. Maxwell noted that the unique circumstances in this case are the two front praperty lines, the fact that the house was built close to the north front property line, and that the buildable area is limited on this lot. Perich opened the public hearing. Seeing and hearing no ane wishing to comment, Perich closed the public hearing. Nelson said she thinks the proposal is in harmony with the City's ordinances, it is consistent with the comprehensive plan, it is 'rrEasor�able, there are unique circumstances not created by the landowner, and it won'� alter the essential character of the locality, so she is supportive of the variances as requested. MOVED by Maxwell, seconded by Perich and motion carried unanimously to approve the following variance requests: • 14 ft. off of the required 30 ft. to a distance of 16 ft. at its closest point to the front yard (north) property line to allaw far the construction of an open front porch. • 15 ft. off of the required 35 ft. #o a distance of 20 ft. at its closest point to the front yard (north) property line to allow fior the construction of a new attached garage/home addition. 1825 York Avenue North Gordon Huser, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11 (A)(1) Front Yard Setback Requirements • 6.5 ft. 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. Minutes of the Golden Valley Board of Zoning Appeals September 27, 2016 Page 6 McGuire Brigl referred to a survey of the property and explained the applicant's request to move the front of the garage forward and create a screened porch behind the garage. She explained that the applicant's stated unique circumstances include the triangular shaped lot limits the buildable area, the existing home is in a non-conforming location, and the existing garage has water and safety issues and needs to be replaced. Perich asked if the entire garage had to be re-built if the applicant would need variances. Goellner said no, the homeowner would be allowed to replace the existing garage in its current location without variances. Gordon Huser, Applicant, explained that they have to replace the entire garage floor, so they would like to move the garage forward 6 feet and add a porch on to the back pf the garage. He noted that this neighborhood is full of properties that haue had variances or are non-conforming. He stated that his house will look the same frorn #he street, the condition of the garage floor existed before he bought the house, and fhe;shape of the lot makes it impossible to put a garage or screened porch elsewhere on the property without a variance. Waldhauser asked if the garage floor leaks. Huser�tated that it doesn't leak but it is cracked and spalling so they have to replace'it �nd have been''advised not to park on it. Orenstein asked if the square footage of the garage is changing. Huser said there will be a minor change in the size of the garage. Waldhauser said this seems like a reasonable way to fix a grading issue. Orenstein agreed and said that there aren't a lof Qf other options with a triangular shaped lot. He added that the proposed garage addition won't alter the view from the street or impact the neighbors. MOVED by Nelson, s�conded by �renstein and motion carried unanimously to approve 6.5 ft. off of the required 35:fi�. to a distance of 28.5 ft. at its closest point to the front yard (east) property line to allow for the construction of a screened porch/garage relocation. 111'5 Harnpshire Avenue North Kevin O'Brien, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(1) Front 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/deck. Minutes of the Golden Valley Board of Zoning Appeals September 27, 2016 Page 7 McGuire Brigl referred to a survey of the property and explained the applicant's proposal to replace his front steps with a deck/porch with no roof expansion or pillars. She noted that the existing home is located 24.1 feet from the front property line rather than the required 35 feet and that the proposed deck would be 19.1 feet from the front property line. Kevin O'Brien, Applicant, stated that he would like to replace the concrete steps with a 5 ft. x 9.6 ft. deck/porch for aesthetic reasons and to have some room for potted plants off of the steps. He added that the curb is approximately 15 additional feet from''the property line so there is a lot more space from the proposed deck to the street. Nelson asked if the house is already in the front setback area. McGuire Brigl s�id yes. Waldhauser asked if the proposed deck were smaller if it would still r�eed a variance. Goellner stated that a landing up to 25 square feet in size could be locate� in the front setback area. Nelson said she thinks the proposal is in harmony with the City's ordinances, it is reasonable, it is consistent with the comprehensive plan, it won't alter the character of the locality, and the house is already in the front setback area so she is supportive of the variance as requested. MOVED by Orenstein, seconded by MaxweH and motion carried unanimously to approve 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 to allow for the construction of an open front porch/deck. III. Other Business No other business was discussed. IV. Adjournmer�t The meetin� was adjourned at 7:55 pm. David Perich, Chair Lisa Wittman, Administrative Assistant �� ,- , �, . - . �'�. . '4r �i � . . l�'h��i��I I��ev+�l+�pment I�+ep��t�en� 7fi3-,�3�-8�M951763wa9�3-��i�'��fax} Date: October 25, 2016 To: Golden Valley Board of Zoning Appeals From: Chloe McGuire Brigl, Planning Intern Subject: 1350 Boone Avenue North Adrian Moy, Applicant Adrian Moy, owner of the property at 1350 Boone Avenue North, is seeking two variances from the City Code to build a second story on an existing one-story home. The applicant is seeking a waiver from the side wall articulation requirement to build side walls 38'-1" long without articulation. The applicant is also seeking a variance of 0.8 feet off the required front yard setback of 35 feet to construct an addition a distance of 34.2 feet from the front property line. The existing home is 34.2 feet at its closest point to the front property line. The existing home is a 912 square foot, one-story home with a tuck-under garage. A front yard variance was granted to a previous owner in 1987 to bring the home into conformance and allow for a fully conforming second floor addition. At the time, the Zoning Code permitted up to three stories of construction. The addition was never built. The applicant would like to add an additional story for more living space. The second story would not change the footprint of the existing home, and would mirror the style of the first floor, which has side walls 38'-1" long. The proposed second story would include 3 bedrooms, 2 bathrooms, and a den. The first floor would be converted to a living room, dining room, kitchen and foyer. The applicant states that while the need for the variance is caused by the landowner,the variance will allow them to improve the value of their home and grow their family without moving. The applicant has explored alternatives to comply with the articulation requirement, including reducing the proposed second floor walls to 32 feet, or narrowing the last 6 feet of the proposed second story, but these are not their preferred options. The proposal requires a variance from the following section of City Code: 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 waiver from this regulation to build side (north and south) walls on a second story addition with no articulation. Section 11.21, Single Family Zoning District, Subd. 11(A)(1) Front Yard Setback Requirements: The minimum front yard (west) setback requirement is 35 feet. The applicant is requesting a variance of 0.8 feet off the required 35 feet to a distance of 34.2 feet at its closest point to the front yard (west) 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. The small size of the lot limits the buildable area on the ground floor of the home, making a second story addition a viable option for expansion. The home is currently set 34.2 feet from the front (west) property line. Staff is supportive of the small variance requested by the landowner to maintain the same front setback; the existing setback is a practical difficulty, not caused by the landowner, and the small lot is a unique circumstance. The small variance will not change the essential character of the locality. Due to the closeness of the existing home to the neighboring homes, staff finds that a second story addition without articulation would be impactful to the neighboring properties and the character of the neighborhood since all of the neighboring homes are one-story homes with tuck under garages. This would be the first home with an additional story on the block. While the addition of a second story is a reasonable use of the property, the articulation waiver request is due to landowner actions, and does not constitute a practical difficulty. The City Code states "economic considerations alone do not constitute practical difficulties." Other options are available that would not alter the essential character of the locality. Staff recommends approval of the request for a variance of 0.8 feet off the required front yard setback of 35 feet to build a distance of 34.2 feet from the front (west) property line. Staff recommends denial of the request for a waiver from the side wall articulation regulation to build side walls 38'-1" long without articulation. 141G 1401 � . � y��:,._`:�� . P` 1412 \ �� \ ��. \ � .. .. ... . � 1340 � ',�..� Subject Property o , 7361 / � 13 54 ...,4n. 7350 7355 133 5 7320 1346 73� t315 1330 1309 1320 130t 8542 8540 j 86�6 (3 �1, �� CLARK ENGINEERING COMPANY ❑ 28�5 WAYZATA BOULEVARD ❑ MfNNEAPOUS,M1NN.55405 ❑ (612) 374-4740 � ''.:; Z N 88°ii'S5"E 134.55 , 0.5 � . W � ."'.-.,34'a�----- � 5.4 0� 2� � � � 38.1 m Q M �,-'.., a QNE STORY � �tl � tv WD./FRAME MOUSEN 14 � W �"' ` - � �;__ 34.2 ' 38.i CHAtN 41WK FENCE Q Z o --- , � . � z �;, o.s N p o, _ o� � 5 88'►1'26"W 136.67 . •;, . ,: SCALE:, 1" = 30' � • Denotes iron monument found o Denotes iron monument set � �Or3 entati on of thi s bear�ng system i s as.ssamed. This survey was completed without the benefit of an abstract or title opinion. AREA: 5,422 square feet or 0.124 Ac. DESCRIPTION: Lot , �Tock 6, GLENWOOD VIEW I hereby certify that this survey, plan or report was prepared by me or under my direct sup�rvision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Reg. No.��Z�.Date�.s�^�C� n . a ee, . �ATE Aug., 1986 sHeeT Certificate of survey for NUMeER DRAWN PEni GAftY W. BOX 1 8686 1350 Boone Ave. N., Golden Valley, MN oF1 SHTS, � Planning � 7800 Gaiden Valley Road,Golden Valley,MN 55427-4588 �{ o 763-593-&095 � TTY:763-593-3968 � www.goldenvalleymn.gov ( planning@goldenvalleymn.gov $Old n PLANNING APPLICATION valley • � • • - . . - Street address of property in this application: 1 �� .�c�o�e ve� .� � C� ��, �a��,e .1�.7 ��..�- . .. � . � Name(individual,or corporate entitiy): � �� Address: �`��6 e. �� C� �. i/�.�e �� '�— Phone number: Ema' address: � ��- ��C� c�� -'�`�1��;�- �'c�P�- 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: � t�.+N�- �oo�(.�� C�`�- Q. ��cc��- �P��,` � ��e� �€�5�� 1�,� Curt'c+o,��'. �c�� s ��'S ��,� a `z ��v �� ;�� ?�ak� `��n,c_. ��cr�,�. ��I� � �� a�� .N��r.� `�s� �1. �c,� �'` �`e �p� �� . �. �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: a 1n,e,. ��.� C�� b�C�.�.c� �.c �t�c�. ��-- �n.'�'� �n.v�A�.. r�� ow ;� � c��,., 1��. ��C'eCS o� ��..�e. t�� ,�e.e� 1�5 � N c`��. ,�. ,s� . .�� `� 1 e�'� b�� - Ca r� ��,e�. I,��.c� a��-- �..�e.�.� c��n �a`a�. s�� o� �(..e ��. �� ex�e�. � I.� �-- �n��" �-��` —�1� C�� I�� s �,�- ��S �� .L��.c.1�. �'i wc�� 1�� ,�� a, c�-► �-la�` � `��Sv.r �t�r ��ac�- ��, '<�,'4-� a.n. � �M � � , Planning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 ci o 763-593-8095 � TTY:763-593-3968 � www.goldenvalleymn.gov � planning@goldenvalleymn.gov p�0�� 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 essentia)character of#he 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. �,��. � ..9 � a , ��. ��` .�o� �,�� ... U��.c�r�� . 3�.. 1�- � � � ��,�.�� e ��- �� b�-��. e�, �.� �� ,C U�- � P ,� .� ��-�-� �p � K��-p�� ..� � . � c��— �-e- �^-� �� -e .�� n�- P�-;�-�t-�- �{E� ��e�P �C,.� ��`-� u� �� - a�.,�.. � �p,X.�n�,� � �..��e. ll��u��,. � ��-�:c ��,I • What is unique about your property and how do you feel that it necessitates a variance? � ��. �J�n�.`�'�- ��S G�=-��1,��e�t-�� :+� �� `��,�.. c��P�` G�neJl.. G� 1/d��Le �v� M�Z. �� l°«'� � �,,� �C.. •�SC�S`�tl�'1� . �., 5� l�0��--. � . � • c-d�C.� - �'�� -��c,�-�s- � �Z � �.e�,rd5-�-. � �, �)P� LY�� ` � �4� l�-P.C.�lV�� J Rl� �� ' �t" `�+�.e.. . � ` Y c v�o� �. V�� ,�� , �� d�� . � ��. ��, � �� Explain how the need for a variance is based on circumstances that are not a result of a landowner action. p �� .d e�5u� �� G�-�.A-e1-` Q..G�1��r1. � o cJ S` `�-a L �� d�� . �,:,� . ��. lUv�. ��.e �;�,�. u�.�. ��. � � �� 4 � '� �� <--�� a�e_- �� c�c �o-� ��- � 1��- , b��-� t��E��-- �.�,,,� ��,��:� �,.�,-L ;s �� -��.�-- ��,, �-� �� s��., Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole. �C� V�t1�-c... �S rc�,�c� �t,,e �l� '�/e� i�� <�, (�g`�- � �. �vd r S� V�.s h �i., ar�' �� , �;' �jf.��n.a c�. �.G�^�'v�c'��a�. '� � e, �. � e.Y � � �,,,� C;�\�,�\Ia�,�e �- �� . C�4��:�� s �rar�� - ��-�- � � ; �.�c. � 2- �c�t- �.� �,,� i�,v.�es� I��t�� J�. a n. ��.e� b�d � ( � `�� t_ . ��, 8 l '� t�. b�- � �J'�- y 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 lhat do not require variances from the Zoning Code. .�� a= �� ,�-�- � � � � ��y 3�.� _ ��`"'�� °�'`- ��`� �� - �� -��1a�--r �,� �� ,,�;�- �5�c..�� `�e �� `�� . � . . . � Current survey of your propsrty,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 pho4ograph of the area afFected by the proposed variance(attach a printed photograph to this application or emai)a digita)image to planning(.,algoldenvalleymn.gov;submit additional photographs as needed) O Feee$20o application fee for Single-Family Residential,$30o application fee for all other Zoning Districts O Legal deuription:Exact legal description of the land irnolved 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 printj: r (y� Signalure of Applicanl: Date• Authorized R�spresQntative(if olher than applican!) Name(please print): Signature• Date• Property Owner(if other lhan applicant) Name(pleaae print): Signature• Date• Please note:The City of Gofden 1/alley wi(f send nofice of your variance request to all adjoining property owners as weI(as owners of properties direcfly across streets or a(leys. Your neighbors have the right to address the Board of Zoning Appeals at your public hearing. 1�ou are advised to personally contact your neighbors and explain your project fo them before the public hearing. � This document is available in alternate formats upon a 72-hour request.Please ca11763-593-8006(ffY:763-593-3968)to � make a request. Examples of alternate formats may include large print,electronic,Braille,audiocassette,etc. � ,7:'._., �Q I I'.. ._� . -. . « � - � ,5 � I a*^ ,�,,i Y�. � � . � ��f ��` �.: �` a� u �" �� _ =a ti' d� i �S _ w.�'��. b T -��{{��''f i' , � 3`� �'� �_� E� h' s �z: � o,. �,�� `F-' IIIII, I � r , x � t l� � ��, � r r`'ti. - k �� ,I;�I ��. z , ��-� i, ��;�,�;fi' � � �;� 4'•� 11 �.fi�. � ,�� I > D r ��t�ill x ,�a� �' '" � I� I x '¢}' s ��, � . � �.'t . b• � ! t` »� - . . t( �,{/ 'a�S� ' _ � �' y ,.n � ±:• �. t ��_: �"° .�:�� ,�w:'" 9✓X" 1 ,++�'t�-. . .:'�.; ' 7' +�;: .fi � ��.. � �` . . " ��d,.� � m � � � $ •A � ��''�i�, r ¢ f i '�Y aF- .�}.. �� "� � .t.. . jA. ' } � _.� . `o�T,, *`-r _ ,. , sA : , . ,.. � � � � . ; � . . � - ,,. � � .. . . . . . .,.. w .�� : �:"'� � . �, � ._: . j� y. �" �"� ` �,;`� � I y,,� � "� � �'�� ,� '- � °, fk" : � . ; . . . �� . =� �V� ,�i`�,,� � # �✓;. 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' �.+ � .+� � �'£'"�j, k��i�,.`E� �. `� �, . ^+ Y', .. },�, �"�'ez x i .� , : ,,. . �,� y� „ xt ' L � , �r�. .. . .. . . .. . y 5^ � � �, �sP" � �+ � .. .�8�, � �. .1'v� p . t � -��c '. �y�. .,.� a 1 � "�y„,�" ��r„' y�� . . .. �� i'�,`�{}.�� '�� '.,�x �� D `�'��iC" . �*� }{k�,x z.. � � � �.�� " '�°�"��'"�� K� � � �� 3�"'��y �:�. �Q�'�n �`� �'*.,�� +� �� .. ��..�'.� ,.. .tda , .,.k . ",�'z'�.`w. . x.�'�',�_m.+ :..4 :a"m�s�� , r�`...a.._ ,�> . : . . . -�_; � , � MINUT€S .OF A REGULAR MEETING OF THE GOLDEN VALLEY BOARD OF ZONING APPEALS . : Wednesday, April 15, 1987 The regular meeting of the Golden Yalley Board of Zonin:g Appeals was fie1d Wednesday, April 15, 1987, at 7:30 P.M. in the Council Chambe,rs:of the CiVic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The following Board member were present: . Mike Sell , Chairman Mahlon Swedberg Art Flannagan _ Kevin McAleese erb Polachek, alternat , Absent b priar arrangement ecause of the change in da of the meeting, Larry Smit . The meeting was lled to ord r by the Board retary,-L1oyd Becker. The , secretary explaine o those i attendance at April of each year a new chairperson is electe or the next 12 nths. To provide a11 members the opportunity for nominati th secr ary (who is not a Soard member) opens the meeting. Nominations w e c ed for. Mike Sell nominated Mahlon Swedberg for Chairman. The s etary called three additional times for further nominations and he ng n , nominations were` closed. Herb Polachek moved to appoint Mahlon edber Cha an of the Board of Zaning Appeals, second by Art Flanna and upo vote ca 'ed unanimously. ' Mahlon Swedberg sumed the eha r and as a firs rder of business introduced and welcomed in McAleese, Vi e Chair of the Pla ng Commission, as a new member the Board of Zoni Appeals. The ne order of business was a proval of the minutes of a egular meeting held uesday, March 10, 1987, co ies of which had previously b n distributed to he. Board. Mike Sell moved t approve the minutes as'written and esented, second by Herb Polach k and upon vote carried unanimously. 87-4-5 (Map 21) Residential oone venue ort Gary W., Box The Petition is for-waiver of Section 3A.06C1) front setback for 0.8 feet off the requir�d 35 :foot front setback to a distance of 34.2 feet from the front lot line to the house as it now exists at the closest point. (Purpose of the wa3ver is to allow a fully conforming 2nd floor addition). � � .- Board of Zoning Appeals ' Page 2 April 15, 1987 Mr. and Mrs. Box were present. The designer of the addition and several adjacent neighbors were also present. The petition orig'na11y cantained signatures of consent by several neighbors and one as un�ecided. Prior to the meeting, several neighbors submitted notor3zed letters with- drawing their signatures of consent and another neighbor presented the Board with a letter withdrawing consent and signature. The contents of the letters were alleged misrepresentation by Mr. and Mrs. Box of what the w�iver proposal was for. The week before the meeting, the Boxes had a wooden fence constructed around their property. The fence is strongly objected to by �l1 the neighbor,s. The neighbors stated that the fence is what Mr. and Mrs. Box repre- sented to them and not the construction of a second floor on their existing home. _ Mr. Box explained to the Board they had lived in the house since 1978. The neighborhood is predominately 40 foot lots with similar single-family homes on the 1ots. When their home was constructed, through error, it was set slightly angled from the 1ot lines. This created an error of front setback to .a distance of 34.2 feet from the front 1ot line to the house at 3ts closest point as it now exists (35.0 feet required). Iri this situation, the house is in a non-conforming status, with the Zoning Code and "cannot be expanded or altered in scope" without the waiver. Mrs. Box said she did not disc�ss the second floor addition with the neighbors because of differences oVer the years. She said she explained :the non-conforming status. She felt the second floor. addition was irrelevant because it is proposed to be constructed in conformance with the Zoning Code. Mrs. Box said she had discussed construction with adjacent neighbors Mr. and Mrs. Lee over a year ago. CMairman Swedberg recalled a previous Board of Zoning Appeal 's appearance by Mr. and Mrs. Lee and requested the minutes of that action. On July 13, 1982, the Board approved a waiver of front setback to allow a deck to be constructed on the Lee residence at 1354 Boone Avenue. Chairman Swedberg reviewed the minutes with the Board. After hearing further corr�nents from Mr. and Mrs. Box, Chairman Swedberg opened the floor for comments from ad,jacent neighbors present. Mrs. Ching Lee was present with her husband. Mrs. Lee noted the intrusion on their property by the fence installers for Mr. and Mrs. Box. Mrs. Lee said the fence diminishes air around their house, interferes with their view out �heir door and the workmen laid posts and boards on their property. Mrs. Lee also objected to the second floor additon because there would be windaws facing her side and they v�ould lose their privacy. She said she is home al1 day with her mother and she would feel confined. Mrs. Box responded that the only windows proposed were in a bathroom and a sta3rway. Mr. William H. Birno, 1355 Mandan, an adjacent neighbor to the rear of the Box resi dence, presented h i s wri tten wi thdrawal of hi s si gnature f rom the petiti on form. Chairman Swedberg noted he had signed as undecided. Mr. �irno's letter and verbal comments addressed what he feit was misrepresentation by Mr. and Mrs. Box about the fence and that he was never told about any pTans for a second story addition. He objects .�o the architectural appearance of the proposed addition and dislikes the fence. . , Board of Zonin9 :ApPeals Page 3 Apri 1 15, 1987 Mr. John Orndorf had previously submitted a letter to city stafF rescinding his signature of approval to the waiver request. Mr. 0rndorf said the addition was never discussed with him, only the fence. Mr. Orndorf des- cribed his current status of health which does not allaw fiim to work. "Any construction dust wi11 seriously aggravate his fibrosis 'of the lungs" and he described ather recent serious health problems. The fence was also a concern to him for fire protection. Secretary Lloyd Becker noted the Boxes' fence . is within legal height, was placed on line by a recent survey. The Fire Marshal has examined the site and fence and determined it is not a hazard nar limits access. The Board, the proponent and the neighbors discussed for over an hour infor- mation and opinions on the fence, the proposed addition of a second story and neighbor relationships and conditions in the area. Mike Sell noted he 1`ives next door to a two-story house and on the other side his neighbor has a 6 foot high board-on-board privacy fence. If the Box house had not been placed slightly in error 26 years ago, a building permit could have been issued this : very day. The neighbor debate appears more to be about the fence rather than eight-tenths of a foot foundation error. In summary, Chairman Swedberg, said the fence appears to be :an issue but does not require Board attention. The Residentfal Zoning Code permits u'p to three stories of constructian and the issue is the waiver to correct what is a hardship because of a minor survey error many years ago, compounded by a narrow lot. Mike Sell moved to approve the waiver as requested, second by Art Flannagan and upon vate carried unan3mously. 7-4-6 fM_a_��2��0) Residential Or a�ri ve Alan Tourville The Pe 'on is for waiver of Section 3A.06(1) front se back for 1.3 f f the required feet om 23rd ue to a distance of 33. et as house now exists at it's closes nt from 23rd Avenue. (Purpose o e wai e to allow a fully conforming addition t be a d). Mr, Tourvill as present The pet tion was irr er and consent obtained from all adJa property owners. No thers were pres t. . � , . � ! , . � i � 4: � : �. I �� z >: � � Q= � N �, ' •.x (' . _ . . . ` i . . f � � ' � � 4; - 1 � , � �, � � � ; �� . � o .. � . .. ' . . .. . . .. t. . .' . \./ ..�. ., d• } . . ... . � . � � . � �,~; ; �� . ` _ � �'., Q � . . . J . . O � � / � I �' � � + . i= � - �m � . '- � �'u : � . Z . . a f �3 . �� jt �: .. �k � • • # - ��.: � '� _ . ��., . . . . _ . - . . . -4? . . . . .. .. . �� I � ' . �. . . 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