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01-24-17 BZA Agenda Board of Zoning Appeals Regular Meeting Tuesday, January 24, 2017 7 pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes— December 27, 2016, Regular Meeting II. The Petition(s) are: 1401 Winnetka Avenue North Luis Hector Perez Silva, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12 (B) Height Limitations • 2 ft. over the 10 ft. of height allowed for a total height of 12 ft. Purpose: To allow for the recently constructed shed to remain 12 ft. tall. 1315 Angelo Drive Jim Klem Construction Inc, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11 (B) Height Limitations • 5.5 ft. over the 25 ft. of height allowed for a total height of 30.5 ft. Purpose: To allow for the recently constructed rooftop access to remain 30.5 ft. tall. III. Other Business Discussion of 2016 Board of Zoning Appeals Annual Report IV. Adjournment � Ihis cl�cutnent is available in altern�te formais upon a 72-ha�Er req��est. Please c�ll 763-593-80Q6(TTY; 763-593-396�}ko mal«� request. Examples of alternate forrnats ' may incl��de large print,efectronic,Br�ille,audiocassette,etc, Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals December 27, 2016 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, December 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, Perich and Planning Commission Representative Johnson. Also present were Associate Planner/Grant Writer Emily Goellner and Administrative Assistant Lisa Wittman. Member Orenstein was,absent, I. Approval of Minutes— November 22, 2016, Regular Meetir�g MOVED by Maxwell, seconded by Nelson and motion carried unanimausly ta approve the November 22, 2016 minutes as submitted. II. The Petition(s) are: 1350 Boone Avenue North (continued item) , Adrian Mov, Applicant Request: Waiver from Sectiar� 1'1.21, Single Family Zoning District, Subd. 11(Aj(3)(c) Side Yard Setback Requirements • .21 ft. off of the required 4 ft. t4 a distance of 3.79 ft. at its closest point to the side yard (north) property line. . Purpose: To allow for the construction of a second story addition. Request: Waiver from S+�ction 11.21, Single Family Zoning District, Subd. 11(A)(3)(c) Side Yard Setback Requirements • :47 ft. off of'the'required 8 ft. to a distance of 7.53 ft. at its closest point to the side yard (south) property line. Purpose; To allow for the construction of a second story addition. Goellner reminded the Board that this item was heard at the October Board of Zoning Appeals meeting and tabled at the November Board of Zoning Appeals meeting. She referred to the site plan and stated that a front yard variance was granted in October. She explained that one of the original variance requests was to allow the side walls to be longer than the altowed 32 feet without articulation. Since then, the applicant has changed his plans and has added articulation to the proposed second story addition and is now requesting variances from the side yard setback requirements instead. She noted that the applicants have stated their unique circumstances are that there is a relatively small buildable area on the property, they have a growing family and would like to stay in the Minutes of the Golden Valley Board of Zoning Appeals December 27, 2016 Page 2 same home and neighborhood, and that this proposed new plan meets the articulation requirement. Goellner discussed some alternatives which could include: waiving the articulation requirement, reducing the side wall to 32 feet in length to avoid the articulation requirement, or articulating the proposed second story walls inward rather than outward. Maxwell stated that another unique circumstance is the fact that this is a very narrow lot and the applicant can't do much else. Goellner agreed and stated that in �his case the side yard setback requirements and the articulation requirement are in conflicf with ea�h, other because of the size of the lot. Adrian Moy, Applicant, explained the changes he has made to his plan$ �and hc�w fhose changes meet the articulation requirement, but still require slight side yard setback variances. Perich asked Moy if he had considered articulating the walls i�ward. Moy said he did not. Perich opened the public hearing. Hearing and seeing no on� wishing to comment, Perich closed the public hearing. Maxwell said he likes this plan better than the ap�licant's �riginal proposal. Perich agreed and said he thinks the applicant considered everything the Board discussed at their meeting in October. He added that the r�que�t is reasonable and meets the criteria used when considering variance requests. Nelson agreed and added that the variances requested are very minimal. Johnson noted that all of th�e houses on this street are the same height and questioned if allowing this home to be two �#ories in height would be altering the character of the locality. Nelson clarified that the applicant is allowed to build a second story without a variance and that the variances in this case are from other requirements, not height. Johnson agreed. MOVED by Nelson, seconded by Maxwell and motion carried unanimously to approve the following variance requests: • .21 ft. off of the required 4 ft. to a distance of 3.79 ft. at its closest point to the side yard (north�);property line. • .47 ft. off of the required 8 ft. to a distance of 7.53 ft. at its closest point to the side yard (south) property line. 1509 Alpine Pass James Rutherford, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3)(b) Side Yard Setback Requirements Minutes of the Golden Valley Board of Zoning Appeals December 27, 2016 Page 3 • 1.9 ft. off of the required 12.5 ft. to a distance of 10.6 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(A)(1) Front Yard Setback Requirements • 2.6 ft. off of the required 35 ft. to a distance of 32.4 ft. at its closest point to the front yard (east) property line. Purpose: To allow for the construction of a home addition. ' Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3)(b) Side Yard Setback Requirements • 3.5 ft. off of the required 12.5 ft. to a distance vf 9 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the constructian c�f a home addition. Goellner explained the applicanYs proposal to cc�nstruct a garage and master bedroom/bathroom addition on the nrarkh side of the existing home and a porch/office addition on the south side of the existing home. She referred to the variances requested and noted that upon the submittal af more detailed drawings it was determined that the front yard variance request is nat needecl. It was also determined that the requested side yard variances differ slightly as well due to a rounding error. The variance request for the addition on the north side s'ht�uld :be changed to 1.83 ft. off the required 12.5 ft. to a distance of 10.67 ft. at its closesf point to the north property line. The variance request for the addition on the sauth side shc�uld be changed to 3.34 ft. off the required 12.5 ft. to a distance of 9.16 ft. at its closest point to the south property line. Goellner n4ted that the applicants have stated their unique circumstances include the challenging topography, #he relatively small lot with a limited buildable area and existing patio and retaining walls,`there is currently only a one-stall, tuck-under garage, and it is difficult to renovate a 1940s home with its small rooms, ductwork, etc. She added that the alternative would be to build smaller additions. Maxwell ask+ed if the applicant would need a variance in order to construct a standard size second garage stall. Goellner said they would not need a variance to construct a typical 12- foot wide garage stall. Johnson asked Goellner if she has documentation from the applicant showing other possibilities and why they would not work. Goellner said no. Maxwell referred to the variance request on the south side of the property and asked if the applicants are adding a new porch and turning the existing porch into an office. Goellner Minutes of the Golden Valley Board of Zoning Appeals December 27, 2016 Page 4 said yes. Nelson asked if a variance would be needed on the south side of the property no matter what was built. Goellner said yes and explained that the existing porch is approximately 10.5 ft. x 12 ft. in size and that the proposed new porch addition would be would be 7 ft. x 12 ft. in size. Maxwell asked if the existing oak tree on the north side of the property would be removed. Goellner said yes, the oak tree and the existing steps would be removed for the new garage addition. James Rutherford, Applicant, stated that this is the first house they've bought. He said they love the neighborhood and one of the first things they want to do is rnakeithis house a place where they want to stay and raise a family. He stated that th�e'size of the propc�sed garage addition has to do partially with the size of the proposed liuing sp�ce ab�ve it. He said the costs to make a smaller addition are practically the same as the size they are proposing and they want to have enough space for there to be a nursery and an office. He referred to the oak tree on the north side of the property and said it is p�rt af the charm of the property, but it is leaning and deteriorating and causing part of#he foundation to crack. He added that they want a two-stall garage and what tney are prQposing fits in with the neighborhood. He gave the Board floorplans of the'existing h�use, floorplans of the house with the proposed additions, and emails from two neighbors expressing their support of the proposal. Perich asked RutherFord what other options he has considered that wouldn't need a variance. Rutherford stated that the couple of extra feet he is asking for is to make the master bedroom a more useful space. He said they have looked at other, smaller options but that would be less desirable. Nelson noted that the proposed bedroom would be approximately 14 ft. x 11 ft. which is na#enormous. Gary RutherFord, Representinc� the Applicant, stated that the trapezoid-shaped lot is unique. He referred to the plans and explained where the existing beams are located, how the center walls hold the duct work for the home, and the difficulties in finding alternate ways to get heat to the �ecand flqor. He referred to the existing porch and stated that by adding on to it and heating it they can make it a useful part of the house. He noted that the size of the rnain floor withQut the porch is only 1,100 square feet and that only a small portion of the proposed garage addition on the north side would be located in the setback area. Maxwell asked about adding on to the back of the house toward the rear property line. Rutherford stated that the house is not square to any of the property lines and that the variances requested are critical in making the proposed additions work. He reiterated that this is not a big house and that even with the addition it would only be approximately 1,600 square feet. He said the goal is to make the house fit in with the neighborhood with a 21St century home. He added that it will look essentially the same as it does now and if they make the additions smaller it might not be worth it. Johnson asked Rutherford if he considered keeping the proposed porch parallel with the property line. Rutherford said that would mean cutting off the back corner of the porch. He said it could be done, but it would look odd. He added that there is a lot of space between Minutes of the Golden Valley Board of Zoning Appeals December 27, 2016 Page 5 their house and the house to the south. James Rutherford added that his desk would fit best in the addition they are proposing. Johnson asked the applicants if they had considered placing the master bedroom addition in the back of the house. Gary Rutherford said yes, and explained that it wouldn't work that way with the plumbing and the beams. He added that there is also a steep hill in the back yard and it would be clumsy to build the additions toward the back yard. Perich opened the public hearing. Seeing and hearing no one wishing to comm:ent, Perich closed the public hearing. Johnson said he recalls considering variances for lots like this in the past. Nelson agreed and stated that this neighborhood in particular has several lots that are addly shaped with topography issues. Perich said he thinks the applicant's request meets the factors the,Board :uses when considering variances. He said it is difficult to say that the r�eed for the variances aren't being caused by the landowner, but he understand� that this is nQt �n overly large house and that the applicant isn't asking for huge varian�es. He stated that cutting off the corner of the porch would look odd and he would be in favor of granting both variance requests. Nelson agreed that this is not a very big house wifih big rooms and that the applicant's request is very reasonable. She said this is a charrnin� neighborhood but there are odd lot sizes and shapes. She said she thinks'the unique circumstance in this case is the size of the lot and the placement of the h�use on the lot and that she is in favor of proposal. Johnson said he understands the logic of the proposed additions, but he is inclined to vote no because he doesn't knaw what the alternatives are and what the additions would look like if they met the setback requirements. He agreed that he would not want a "trapezoidal- shaped" office but he;daesn't want to grant variances because the applicant has a good plan when he doesn'f know the afternatives. Nelson stated that the applicant has considered other alternativ�s and has explained why they won't fit or won't work. Maxwell agreed and stated that there are a lot of structural issues with this old home and that limits what they can dc�. He said there are unique circumstances in this case and that just a small sliver of the garage addition would be located in the setback area. Perich agreed that the applicants have talked through many other options and that they have good reasons for the variances they are asking for. He added that he would rather have a 1940s home brought up to today's standards. MOVED by Maxwell, seconded by Perich and motion carried 3 to 1 to approve the following variance requests. Commissioner Johnson voted no. • 1.83 ft. off of the required 12.5 ft. to a distance of 10.67 ft. at its closest point to the side yard (north) property line to allow for the construction of a garage/master bedroom addition. • 3.34 ft. off of the required 12.5 ft. to a distance of 9.16 ft. at its closest point to the side yard (south) property line to allow for the construction of a porch addition. Minutes of the Golden Valley Board of Zoning Appeals December 27, 2016 Page 6 8640 Winsdale Street North Jav Isenberq, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(1) Front Yard Setback Requirements • 11.4 ft. off of the required 35 ft. to a distance of 23.6 ft. at its closest point to the front yard (south) property line. Purpose: To allow for the construction of a garage. Goellner referred to a photo of the property and explained the applicant's;requ�st to replace the existing carport with an enclosed two-stall garage 24 ft, x 24 ft. in siz�. She noted that the applicant has stated that the unique circumstanc�s in t�is case include that the existing house is built right at the 35-foot front setback line, and the �xi�ting carport is only 12 feet deep rather than the typical depth of at least 2l� feet far a garage. She noted that the alternatives could include building a garage to the east af#he existing carport, extending a garage deeper into the footprint of the existing home, or building a garage on the west side of the home and relocating the driveway. Perich asked when the home was built. Goellner said she thinks it was built in the 1950s. Johnson referred to the narrative subm'itted by the applicant and asked what a "sloping interior wall" means. Jay Isenberg, Applicant, stated that the house was built in 1958. He said there are a couple of other homes in the neighborhood that were built with carports but he doesn't know why this home was built with a 12-foot deep carport. He referred to the interior sloping wall in the carport and stated that the back wall of the garage slopes inward which limits the ability to store things or get a car into the carport. He added that building a new garage on the west side of the property would ruin the view of the nature area across the stree# which is ane of the main attractions of this home and he really doesn't see any t�ther aptions. Johnson asked about the total square footage of the home after the proposed additions are cornplete. Isenberg stated that the additions would add approximately 1,500 square feet to the home and that it will be a substantial investment. Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich closed the pub(ic hearing. Maxwell stated that the Board is usually supportive of applicant's wanting to build a two- stall garage and usually not supportive of front yard variances but he thinks this case is an exception. Perich agreed and said he thinks it meets all of the criteria used when considering variances. Nelson also agreed and noted that other homes in the neighborhood are close to the front property line as well so this proposal will not change the character of the neighborhood. Johnson agreed and said other alternatives have been thoroughly explored and he would be supportive of the requested variance for this unique house. Minutes of the Golden Valley Board of Zoning Appeals December 27, 2016 Page 7 MOVED by Maxwell, seconded by Johnson and motion carried unanimously to approve the variance request for 11.4 ft. off of the required 35 ft. to a distance of 23.6 ft. at its closest point to the front yard (south) property line to allow for the construction of a garage. 111. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 8:08 pm. David Perich, Chair �isa Wittman, Administrative Assistant GZ�� . P'h�sYca1 II7►ev�lvpment I�+e�a�tm�n� ��-��-so��-s��-s�o�� Date: January 24, 2017 To: Golden Valley Board of Zoning Appeals From: lason Zimmerman, Planning Manager Subject: 1401 Winnetka Avenue North Luis Hector Perez, Applicant Introduction Luis Hector Perez Silva, owner of the property at 1401 Winnetka Avenue North, is seeking a variance from the City Code to allow an accessory structure to remain in place which has been constructed in violation of the maximum height requirement: _ ___ _ , _ _. Variance Request ; City Code Requirement ; ; I 2 feet off of the maximum of 10 feet in ; Section 11.21, Single Family Zoning District, Subd. height for an accessory structure. ; 12(B) Accessory Structures–Height Limitations: , The maximum allowed height of an accessory ' ' : structure is 10 feet from the floor to the top : horizontal member of a frame building to which the rafters are fastened, known as the top plate. __ . � .. _ __ ; Background • The lot at 1401 Winnetka Avenue North is zoned R-1 Single Family Residential. • The new accessory structure—a shed—is located to the rear of and attached to an existing garage. • An approved building permit for the shed, dated September 21, 2015, indicates that the wall height cannot exceed 10 feet. • The height of the shed is approximately 12 feet from the floor to the top horizontal member to which the rafters are fastened (the top plate). • A neighbor brought the height of the shed to the attention of the City in May of 2016 while it was still partially constructed and prior to it being attached to the garage. Staff contacted the appticant and informed him that the shed was too tall and located too close to the garage for a stand-alone structure. He agreed to attach the shed to the garage in order to satisfy the distance requirement and also indicated he could modify the roofline to meet the height requirement. • Throughout the summer, the deadlines for compliance were ignored and the applicant generated fines of$100, $250, and $500. In November of 2016, the applicant appealed the City's fine of$500 and agreed to a hearing before an Administrative Hearing Officer. The applicant did not attend the hearing and the case was found in the City's favor. Shortly afterwards the applicant attached the shed to the garage and completed all other work. The City issued a second $500 fine as the height of the shed was still out of compliance. • In December of 2016, the applicant appealed the City's second fine of$500 and agreed to a hearing before an Administrative Hearing Officer. In January of 2017, the Hearing Officer found in the City's favor but stayed the second $500 fine in order to allow the variance process to be resolved before the Board of Zoning Appeals. • If approval of the variance is not granted, the applicant will be required to modify the height of the shed within 14 days or else pay the $500 fine. Failure to do so could result in criminal charges brought by the City Attorney. • The applicant has argued that he can modify the shed by installing a second "top plate" at a point in the wall approximately 10 feet high. The City's Building Official has indicated this does not conform to the City's Zoning Code as there would still be a hori2ontal member at 12 feet to which the rafters are attached. • Finally, the applicant states that he needs the shed to be 12 feet tall in order to store his tools and equipment. Analysis 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 eonstitute practical difficulties: 1. The property owner must propose to use the property in a reasonable manner An accessory structure in this location does constitute a reasonable use of the property. 2. The landowners' problem must be due to circumstances unique to the property that is not caused by the landowner There are no circumstances unique to the property that require an accessory building (shed) to be constructed to a height greater than 10 feet. The decision to design the roofline of the shed in this manner was made by the applicant and maintained over an extended period of time despite repeated efforts by the City to have it modified to a height of 10 feet prior to its completion. 3. And the variance, if granted, must not alter the essential character of the locality A number of other homes in the area have accessory structures (detached garages or sheds) but none appear to exceed the maximum height of 10 feet. In addition, the rising grade in the rear yard of this property emphasizes the increased height. This proposal would alter the essential character of the locality. Additionally, staff assesses whether other options are available to meet the applicant's needs and that do not require a variance. Staff has suggested an alternate roofline that would comply with the height limit but the applicant disagrees that it is a practical solution. Lastly, staff assesses whether the proposal requests the smallest variance necessary to meet the applicant's needs. As the applicant has provided no verifiable information regarding the height or size of the equipment he intends to store in the shed, staff cannot determine if the additional 2 feet in height is necessary. Conclusion The request does not meet the second or third points of examination required for a variance and there exist alternatives which would allow the shed to remain while still meeting the 10 foot height requirement for an accessory structure. Recommendation Staff recommends denial of the request for a variance of 2 feet off of the maximum of 10 feet in height for an accessory structure. 1A06 9 1 1440 1406 1 1401 1434 *1400 1400 1439 1430 � Ki,��1i�� 1425 13 42 142 0 1339 Subject Property 13 48 1336 1413 � 1408 7333 1338 1330 1401 L i 1400 �$ 132 7 ,i 1332 1325 ' 132 4 - r., .� � 1321 . 1318 1319 7821 7813 132 0 1315 132 0 1312 1313 1309 1306 1307 ^ 1300 8026 8008 8000 7900 7520 7812 1300 w 1401 Winnetka Avenue North Chronology September 21, 2015 Building permit issued for new shed at the subject property. Building Official notes on plans wall height may not exceed 10 feet. Late May, 2016 Complaint from resident regarding the subject property; specifically, the partial construction of the shed. June 3 First notice issued to the property requiring correction of violations, including the height of the shed and its distance from the existing garage. June 22 Property owner stopped at City Hall to discuss violations and talked with the Planning Manager and the Building Official at the counter. Owner said the height and location of the shed would be corrected by August 1. Late July Property owner stopped at City Hall to ask for an extension through September 1. August 8 City issued a new letter giving a September 1 deadline for compliance. September 6 Inspector visited the site and the corrections had not been made. September 8 First citation of$100 was issued and a deadline of September 28 was set for compliance. September 29 Inspector visited the site and the corrections had not been made. October 3 Second citation of$250 was issued and a deadline of October 24 was set for compliance. October 25 Inspector visited the site and the corrections had not been made. Third citation of$500 was issued and a deadline of November 14 was set for compliance. November 10 Having gotten no response from the property owner, Planning Manager asked that a copy of the citation be left at the front door of the property. November 14 Property owner stopped at City Hall and filed an Administrative Appeal of the $500 citation. December 2 An Administrative Appeal Hearing was held; property owner did not attend. The Hearing Officer ruled in favor of the City. Work was completed on the construction of the shed that afternoon. December 5 Property owner stopped at City Hall and was told by Planning Manager and Building Official that his proposal to address the shed height did not satisfy the Zoning Code. Owner indicated he would ask for a variance. December 6 Inspector visited the site and the correction to the height of the shed had not been made. Fourth citation of$500 was issued and a deadline of December 27 was set for compliance. December 14 Property owner stopped at City hall and filed an Administrative Appeal of the second $500 citation. January 3, 2017 Property owner submitted an application for a variance from the maximum height requirement. January 5 An Administrative Appeal Hearing was held. The Hearing Officer ruled in favor of the City but stayed the $500 fine pending the outcome of the variance decision by the Board of Zoning Appeals on January 24. If the variance is not granted, the $500 fine will be reinstated and the property owner will have 14 days to complete the necessary modifications to the shed. January 24 Variance hearing scheduled before the Board of Zoning Appeals. 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DE�TROY P EVfOUS OUTDATED SETS. � � �� EVIEWE e }� D F(�I� �� Z �CaDE CCJMY�LIla,I�,T�l BUILDING OFFICIAL REVIEW A D 1 2 '_ 2,,, ��, AUTHORIZATION REQUIR�D�PRI TO � CHANGES, MODIFICATIONS OR ALTE TIONS. WO�D EXPOSED TO GROUND, W . I� --� t OR LOCATED ON CONCREl'E SHALL BE OF NATURAL RESISTANCE TO DECAY �R � ( S TREATED. ' ~ -�- . I �� ` � / � � ��((��C�� i�'.c�-f✓•��-f�-i� l'.9-A! ��I=�`�%� ��',7`��'� � ' ► 6 � r �--._- � � �� 6 � �� 5 �-� . � . , ;,..� Z � rr � Z� I `.�- � 0 ' �_ w� �r // � S � �, I � o Z- � Z- � � � Z I � �s 1 G � 6-�- � Cq �-� ��E��Eo � l CITY OF �,,,i,,� GOLDEN VALLEY ��. � �� IG=��I'� C;��vc�� t f c � � C�� ' /',�'�� /~'�t ��,� �7-c � � <;,4�� " SEP 15 2015 ' �'C�' + r . Frevel, Jerry From: Frevel,Jerry Sent: Monday, September 21, 2015 9:33 AM Ta: 'cv07@live.com' Subject: 14Q1 Winnetka Ave N Please respond to the following so plan review can continue for 1401 Winnetka Ave N: 1. Confirm the shed addition is floating,and is not on frost footings. 2. Show number and location of posts supporting shed structure. 3. Which direction do the floorjoists go? 4. Confirm wall height is less than 10 feet from fioor to double top plate. Thanks, Jerry Frevei � Building Official � Gty of Golden Valiey � �;��,� j� � E�� ' �r�ldi n Vallny Roid I Ciolden Valiey,MN>SA27 I 763 593-8007� 763-SS3-3997{Fax)�763-593-3968{TTY)� ��,; �?�O0 ��.�.�. �XigP _ �.,: „, . � „� 1 ' U)° <, U-�iJ .'L:)��:,�I ; . �• �i. iJ� .` i i��dl�" �i� � LAND SURVEYOR j REGISTERED UNDER LAWg pF gTATE OF MINNEBpTA IICENSED BY OROINANCE OF CITY OF ! � MINNEAPpL19 � / 3616 EAST ' � 55TH STREEt- � JCF�(.�"; �••_ �� PA. 4-4681 � � ' �-,�-s�-�� $urbe r' X,.; j , � g �crtifi i f � i .,,--= - F , �; ��E� tate • � � r..,.r.� . � � �C_:_I- P;z ��„S� �4 ' � L��! <.�,�, ! � i;,,M. < ; , � � �+ TU�1 F.;� i i �� ! r . �} t /c�.� --._ ' , � � . �- , � � � � '—�.�S � ` - --- c /...� %l3? - ------- t ---•--•------ . --.__._ , � . —__._.`.---- _..�_..__._..W. _._.� , ; � � - ---�------_...------�------- (y /D,�I,_, � �- � i � f , � \ �� ' g�-� ----Z 4-- �o.3�-- --.. .. ' • ;� ! ! i 3�..7 � �� ,� f ,, , , , ff � ^ � \`.� t�7 f pr� � +' � q �t �jNl 'Ei�� \I n� 1 k - n � ` �,0� � � , �) 1 ' `�" �; L�� /��-1 �� r O � °` `� i-c � � �� 1 I �+ �. �, - �I `— _-� =n V ,_._ �i � . � t' � 'i f !� � �' ---- - V V !1 J �' � l'� �� ' � � ( � W 4� � � � .j _ j r; �� -, { - i ;)- s 4 �I y; �� .J ! v,j � i �` y � 4 !, k! �:i = � ti �- �1 � �? . 16..— _ �� _ I �� , ..� _-- �� _� � - - �..._ �:�---�! - �- I :�, -�-=. _______---.�._..�_____--�.__ __ ��.�,.�� I , { � ' . -...._-.-_" - —L-•'--_--_ 1 . . .}.�. . �SZ.,�j ' ' .(��'J, � ��r� � �. . , /`-�-7-�-� _. 4�o.� ._.�_ U ��. �� HERE6Y CERT71�y T'HAT,TMB ABOyg IB A 7RUE ANp � �/�� / � � I I CORRHCT RAT OF A SURYEY OF I � Lot 5 :31��ck 4, Go:lden Oaks �Iennopin i:oi�rl��r,IvIinzi, 2nd !►dclitioi�. < T � � � �� AS &URVEYED BY ME THIS_.� �ii/�.._._.DAV OP�..��R 4' '� , . . • �--.A.D..._._..�.��+.� . ..� .. . � �r_�) �� I � �_''r �'� f 5lGNED_ �� • �.! f � � _.f._ ��_ �. F. C. JACKSO `�-'�� --�-tr.�k..:___,."`r' _ R'11NNES0 A REG�gTRAT10N. Wn z�n� Plar�ning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 ci o J 763-593-8095 � TTY:763-593-3968 � www.goldenvalleymn.gov � planning@goldenvalleymn.gov �Olde PLANNING APPLICATION valley • • � • • . . - Street address of property in this application: � � o� W � ,�N�—r� �� N . . .. . . . Name(individual,or corporate entitiy): I... J L. �� a�c-' -�j` � . Address: , � � 1rJ �� - Phone number: Email address: ' S Z-2 3 Z— G � Authorized Representative(if other than applicant): Name: Address: Phone number: Email address: Property Owner{�{other than applicant): Name: Address: Phone number: Email address: • � . • Provide a detailed description of the variance(s)being requested: � �11� �� Y\� 1��\5 $ �Z' �\C��11 �� W C�� tiS�� `��9\L�` us Z� � 90'�v ��'u! t�z�1 w� 1� t.w�� c,�r�� t�c�� zS 1�:� �s 1 `��nj�.�� ►�� v� �OF � +�� L,�r�� '�A'�t,r �1d� �� t� �"�C' S�"�� Q{ ��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: , 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 g�ld n valley • • • • - . . - . - . Minnesota State Statue 4b2•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#he 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. � �z'�-t.� ��s �•E ��c��5 �QO��+'� sc��a �� Q�z�� ; e��-, � �12�(�c '�o � �� y�� a�- ��s� �►z11 �o b� ��, � s��. ��r��-�`,� ;�� _ t't11 �� .� be-��--��- �o � k t I�� e�, � o�s z��l s�2--C�1�� u�- �� 1� �z��-d _ � y What is unique about your property and how do you fee)that it necessitates a variance? 1 � '� ��c c� � �� , �.�C �,r�`��c� 0� ��e C��,� � y P � �5 r � . �� ;� �n �� -�� ; ��S � � ti �� v�� s�r�r�-, M �.� 1 �� s bc1s�c� � �-�c� fss -� �� €� o�e � s � � r?�� 5 �sse��-� � t' „�-� � Explain how the need for a variance is based on circumstances that are not a result of a landowner action. ��5 �c� z ��-�--�r 'r v�s� �( c�� a �1n� Prc�tr�- � yr e I�, z�--� r�a�.L� ��Cz.�� a l�v�(�� c�� S�. ��4� Iz�t� i P ��c� s c��-� ��-c� j ��n+e� �'�� c� c��l�;t' ! �� 1 +�'�o �� a� c o p s a ��v � a o ��►�c e � �Q � M r ez�r`�� `��- s��'� �'� 5�� v�. �1v� b 2.c,� ��.z�...� v�.� � r�`�- �� e� �n . Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole. �oak 2�- '�-� p�L�vr�� z��1�d � g �� c� � ��r�� i� �Qo�� r��'�� v�o� z�� .�� -�o �i� c ��r � I�� -�rocess s 1��C-� � �y �.� � �-�� 's � -4 �11 � z�s G e �n �e � _ \ � _r-` - � �'V� Q?9i.��.� � �VCi� ��TC� � � 5��. �p,� ��' i�1� � �� Planning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 city of 763-593-$095 � 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 th t do not requir�variances from the Zoning Code. -[I�� v�21� �;s 12 I w� i�C 1'� c c�� `� �� l � �� ,�-, �d�e R�� u��L� � �.P�rt� �� v.�� -�d cc��.. � c�� 1 �ca�r s�-� �C-1 � �Pt��r.� T �� r `T. �N� �vP�t�l.. �r t l� �� JIU'(...�-t (�(Ac�;�. 5 ��— 1�-5 1 `� � �P�-�o,�� t� �c_, � e • . . f� 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 photograph of the area affected by the proposed variance(attach a printed photograph to this application or ( email a digital image to planning�a goldenvalleymn.gov;submit additional photographs as needed) I� 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 property ower(if other than applicant). Name of Applicant(please printj: L�1\� �`\Q� �Q��-� ��`y � > Signalure of Applicant: �c�� oete• d i a 31�- Authorized ReprQsenta�ive(if other than applican#) Name(please print): Signature• Date• Property Owner(if other than applicant) Name(please print): Signature• Date• Please note:The City of Golden 1/alley will send notice of your variance request to all adjoining property owners as well as owners of properties directly across streets or alleys. Your neighbors have the right to address the Board of Zoning Appeals at your public hearing. You are advised to personally contact your neighbors and explain your project to them before the public hearing. � This document is available in alternate formats upon a 72-hour request.Please call 7b3-593-8006(TTY:763-5933968)to � make a request. Examples of alternate formats may include large print,electronic,Braille,audiocassette,etc. �� , �. Physi�al D�eveloprnent �lepaartmen�t ?63-5�3-8a9�17�i3-59�3-81 tI9{fax) Date: January 24, 2017 To: Golden Valley Board of Zoning Appeals From: Emily Goellner, Associate Planner/Grant Writer Subject: 1315 Angelo Drive Mohammad Vedadi, Applicant Jim Klem Construction Inc. representing Mohammad Vedadi, owner of the property at 1315 Angelo Drive, is seeking a variance from the City Code to bring an existing structure into conformance. The applicant is seeking the following variance from City Code: ''' Variance Request � City Code Requirement __. _ ___�_ � ________ _ _� _.__�_ __ _ _... .._. � . __.� _. ...__ ..._ . _. __.__. . ' S.5 feet off the required 25 feet to a Section 11.21, Single Family Zoning District, Subd. total height of 30.5 feet. ; 11(B) Height Limitations:The maximum allowed height for a flat roof house is 25 feet. ; __ __ _ _ _ . _ . _ _ Background • The lot at 1315 Angelo Drive is zoned R-1 Single Family Residential. • A new home is currently under construction. It received height variances at two previous BZA meetings. • The first height variance for this home was received on June 28, 2016. It allowed the home to be 3.5 feet over the maximum allowed height of 25 feet to a total height of 28.5 feet. This plan included a room on the rooftop that was 8 feet deep and 21.5 feet wide. • The Board approved this variance because the proposed rooftop room fit within the allowable building envelope. The Board viewed the 25 feet maximum height requirement as inconsistent with the building envelope regulation. • The applicant returned to the Board on August 23 to request the same height variance but for a larger room on the rooftop, measuring 14 feet deep and 21.5 feet wide. • In January 2017, it was discovered by a Golden Valley Building Inspector that the existing rooftop room was not built according to the plans submitted to the City. • The rooftop room was built to a total height of 30.5 feet, rather than the approved height of 28.5 feet. • The contractor made field adjustments to the plans which resulted in the structure exceeding the approved variance. • The application notes that the change to the plans was necessary in order to achieve adequate water runoff and structural support. They also note that the new design was necessary in order to maintain the unique look of the home, which includes a flat roof. • The rooftop room is set back 24 feet from the front of the home. It is staff's understanding that the width and depth of the rooftop room was built according to the plans submitted to the City. Analysis 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: 1. The property owner must propose to use the property in a reasonable manner The proposed home with a rooftop access room constitutes a reasonable use of the p ro pe rty. 2. The landowners' problem must be due to circumstances unique to the property that is not caused by the landowner Staff recognizes that the previous variance was granted for 3.5 feet over the 25 feet of height allowed for flat roof homes to build a total height of 28.5 feet due to the ability for the home to fit within the building envelope regulations. The proposed height of 30.5 feet would also fit within the building envelope regulations. In this case, the building envelope and height requirements are inconsistent regulations when applied to this home, which constitutes a practical difficulty. 3. And the variance, if granted, must not alter the essential character of the locality The proposed height would not alter the character of the locality, as other homes in the area have a similar height and the rooftop access room is set back toward the geographic center of the property to minimize its visual impact. Conclusion The request meets all points of examination required for a variance. Recommendation Staff recommends approval of the request for a variance of 5.5 feet over the 25 feet of height allowed for a total height of 30.5 feet. --- ---- -- ____.__ _ ____.__ a__� —___ —- - _ __ __-� - _.� _ __ _ __--�_---- ..� _� _ � 1415 �1415 � 1410 a.. � iaoi 1345 1400 `,.ilv �ytv ��:.�� _ 1335 1335 1346 ` `r� `�:•i; i . :,�v_..,k.'-ylr�;�'_ �7 � Subject Property 1330 � 7340 �--.•-� 1305 1325 vJt( �,� 1325 �� .�� li! ��wY � �.��„. ,... 1317t 1320 ��-�,� 1315 {� i � _ � ',;,�,rul_f Y,ii�,.y f=.. 1305 1310 1317 1301 13� 1301 1300 7241 1240 5110 1245 1250 "•,i n� � F izaz , ,� � ~�� **.r. ". Planning � 7800 Golden Valley Road,Golden VaBley,MN 55427-4588 cityof 763-593-8095 � TTY:763-593-3968 � www.goldenvaileymn.gov ( planning@goldenvalleymn.gov �o�� PLANNING APPLICATION valle� • • • • - . , - Street address of property in this application: �3�s ��i�b I��'6V� • " • • � • Name(individual,or corporate entitiy): Ji N► I�.t,�wt e.6Nl ST1wur�o�l I NL - J t wl �t-�w� Address: ��I gs o �3 v n� S�- nl �T�u.w�a-f�� M.�J ss�g2 Phone number: Email address: 6 I 2'"��" (o$'y 3 ��rK W.t,a�coN,c hM,v�h.6w @ yM�,� . �o v�.,. Authorized Representative(if other#han appiicant): Name: � o s�r 1��,�n'1 � t f�o �6�t Coe2D��vATa� Address: Phone number: Email address: b��- �03 -g 4�� ' os►uN,k��.�,o. -w�.an � - ca� property Owner(if other than applicant): Name: MO A�hM�wGe V�b�D t Address: 1315 k�6�o TJ(1�l,�/� Phone number: r 12 ��b _��6C Email address: , t� 7 J ('�P,�ad� C W�.c�t ( . C 0+�11 • � . • Provide a detailed description of the variance(s)being req�ested: ��t�UE�r�v�b 2 kVDG11 er�1 a�. F��r .�drL �ryr� 'far�c� Lfi�l6u- fi Q.6Q,U►�N�.En�4' �N o�s� � ,�ec�Uwr �o� �e�oe�2 �oo� GN Ctk.wbrrf.��l �a �� w�� C�-�� a�� 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: P�AIE,tir t�W�f►zv�W�) �,1.6p WOL Fl./rr Wc)t)F . �UiR�Nb wi� oN p'��1�c,r � �N owp� P�lL �D azW�r� �rA��,�� whTE� �'ln1 o f�f ,Y+�{�1�� (�A.kIN'f k+ N�N 6 b�ba�.t� iN f F,,K,�,o�,�. 6�K�i"yqiLoft pfybl b� � I�b�V ST NN1�N TS ll�l 'il?id 41 G6N Sj1t�tl�,p-�� /p�S Wrc Ll. f'�S '!'Wt� �D(l�l/i� -� P�� 'P�r W/�I„LS WIaQ� W i%�Q t�j- Planning ( 7800 Golden Valley Road,Golde�Valley,MN 55427-4588 ctty of 763-593-8095 � TTY:763-593-3968 � www.goldenvalleymn.gov � pianning@goidenvalleymn.gov �� valley • • • . - . . . - . Minnesota State Statue 462.357 requires that a property exhibit"practica!difFiculties"in order for a variance to be considered.Practical difficulties • result in a use that is reasonable • are based on a probiem that is unique to the property • are not caused by;the(andowner � do not alter the essential characte�of the 14eality To demonstrate howyour request will comply with Minneso�a State 5tatute 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. '�'� NEED f'�� (l�rYi��IV1.E 2� �ar IC T► ��I.cU�G r�OPs,� S�oP� o� R-c�� nw vrirr� Q�uNo�� . �awS�vcru� a� f�t/SS�.r al.s'o p��u �x. � w�rc�rwEu � � CF��'N a� �v� 4�u� 6�-v'r.+v� �v�a+�t- What is unique about your property and how do you feel that it necessitates a variance? � u N�QU� fi�si 6� o� � Pa-�P�r� �S 7�� FL� i-a�� . �� wo�E�c ta n�k��►�� r v�1 t@�� I�zvw�. r TN�- N`cE s 5�� v� n�r� �M�/�� r�—�—��_.:. ��N�t'1'1�� f�s ppv�flnw�-L 2 ' dF P-t�i� 1X�I btkfi Ir��F�v�ni b olL�t,�N�-�. �CPP b-�-�-. '11� S t,o P� �� t� �oc�� irs w�� j P/�r2� o c� w�n.�- e.�n,srwu,�rv�J is NE EO �f) Na fi o�'� � P��-�. �� vr w��s -j-w.� ov��- c.�� 1�' P R��-�t" Explain how the need for a variance is based on circumstances that are not a result of a landowner action. -t�,-�v�.�� r�or+- � �►Kr�•+�Kn�t,� �s ��v e n! �sr,�wG�dvv dut-�,d�vt.Es +b�f FivavrtvHvb �7�tnP� P-od� ��i1fi11 K�E WW��fz �Wit-lnl�ArrN,lM6 Drc S'� �n) ��r�(l•�S Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Gofden Valley as a whole. � � �,v�S nc v v�m, �v c,�- �s �-o� �- srn,u.c�rv�� s�- �,ov��- Zy ' ��'�l "f�t'E �OiM�i' 0� 'flr�- l'tB�SG- , '� fy`.�DIt7�iNh� (�f6�1'T ��vES'( j�S �utrr- C�Knl b F � e�cyrnrnr� �s tn-�c,��,v sr�,�-r L�N�S U R 1 nITf�R-1�F��S v�tf�r kN� N ��6(�8e�rivr�f 6 6inu.uvt2 G—S� Planning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 c1t�of 763-593-8095 � TTY:763-593-3968 � www.goldenvalleymn.gov � pianning@goldenvalleymn.gov ��d�� valley • • • • - . , . - , 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.Rlease describe aFterrtate ways to do your project that do not require variances from the Zoning Code. (,dNanzv�co�J u� sw�Pco ,(Lou� wt�s / ,S �� 6Esr so�urt,��l �c. ��J6�T ��F �,v�Tt��s � car�G�.�Cnl s �E'Ft�r+� �GI�EG UV�p � 1M,E6 r rrv � � �!N f�ta-a�2 l � �o v/a-��^73 c,.� t'b Ka��ss Tl1�o�� c,p�l c�er�v s o�( s iT� � • e � � . � 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 incomple�e without a current property survey) C1 One current calor photograph of the area affected by the proposed variance(attach a printed photograph to Ehis application or emaii a dig'rta!image to plann�ng@goldenuaAeymn.gov;submit additiona!photographs as needed) O Feee$20o application fee for Single-Farnily Residential,$3oU application fee for atl other Zoning Districts � Legal description:Exact legal description of the land involved in this appfication(attach a sepa�ate 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 ta 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 ' tj: v�� Y�� Signature of Applicant: pate, ('10�'� Authorized Representative(if other than appiicant) Name{p�ease print): �Ub�f �� • Signature• Date• � �v� �7 property 4wner(if other than applicantj Name(please print): Signature: Date• Ptease note:The City af Gofden 1/a(iey wilf send notice of your variance request to all adjoining property owners as well as owners of properties ctirectty across streets or atteys. Your neighbors have the right to address the Board of Zoning Appeals at your public hearing. You are advised to persona(ly contact your neigh6ors and exp(ain your project to them before the pubtic hearing. 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