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04-23-19 BZA Agenda 7800 Golden Vailey Road(Golden Vailey,MN 55427 ` � � 763-593-3992�TTY 763-593-3968(763-593-8109(fax)�www.goldenvalleymn.gov �f"��Q� �ll L Board of Zoning Appeals ��N � V�1 l �� Apr 23,2019—7 pm Council Chambers Golden Valley City Hall REGULAR MEETING AGENDA 7800GoIdenValleyRoad 1. Call To Order 2. Approval of Agenda 3. Approval of Minutes March 26, 2019, Regular Meeting 4. 4240 Bassett Creek Drive Paul and Dawn Speltz, Applicants Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)�1)(a) Front Yard Setback Requirements • 14.52 ft. off of the required 35 ft. to a distance of 20.48 ft. at its closest point to the front yard (west) property line to allow for the construction of a new garage and mudroom addition. 5. Adjournment This tlocument is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (1TY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette,etc. 7800 Golden Valley Road�Golden Valley,MN 55427 ' ' ` ` � �"'� 763-593-3992�TTY 763-593-3968�763-593-8109(fax)�www.goldenvalleymn.gov �4��Lf� �s Board of Zoning Appeals � � v� l � �v Mar 26,2019—7 pm Council Chambers Golden Valley City Hall REG U LAR M E ETI NG M I N UTES 7800 Golden Valley Road Call to Order The meeting was called to order at 7:03 pm by Vice Chair Orenstein. Roll Call Board Members present: Richard Orenstein, David Perich, Andy Snope and Planning Commissioner Ron Blum Board Members absent: Nancy Nelson Staff present: Senior Planner/Grant Writer Emily Goellner and Administrative Assistant Lisa Wittman Approval of Agenda MOTION made by Snope, seconded by Blum to approve the agenda of March 26, 2019, as submitted and the motion carried. Approval of Minutes MOTION made by Perich, seconded by Snope to approve the minutes of February 26, 2019, as submitted and the motion carried. Commissioner Blum abstained. Agenda Items e�: � 2560 Byrd Avenue North Eric Munt and Bridget Foss, Applicants Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)(1)(a) Front Yard Setback Requirements • 28.75 ft. off of the required 35 ft. to a distance of 6.25 ft. at its closest point to the front yard (north) property line to allow for the construction of a new garage and screened porch addition. Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)(1)(c)(2) Side Yard Setback Requirements • 7.8 ft. off of the required 12.5 ft. to a distance of 4.7 ft. at its closest point to the side yard (south) property line to bring the existing home into conformance. Goellner referred to a site plan of the property and explained the applicants' request to build a new garage and screened porch addition on the north side of the existing house. She explained that the This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TfY: 763-593-3968)to make a request. Examples of alternate formats may inclutle large print, electronic, Braille, audiocassette,etc. City of Golden Valley BZA Regular Meeting 2 Mar 26, 2019—7 pm existing home is 29 feet from the north property and that the proposed new garage would be 6.25 feet from the north property line. The required front (north) setback is 35 feet. Perich asked about the amount of right-of-way along the north property line. Goellner said there is approximately 20 feet of right-of-way. Goellner explained that the second variance request is needed in order to bring the existing home into conformance with Code requirements because the existing house is located 4.7 feet from the side (south) yard property line rather than the required 12.5 feet. Goellner stated that the applicants said the unique circumstances in this case include the fact that the home was built into a hill, they want to maintain the distinct front window, the proposed addition would be the same height as the existing home, and there are other screened porches over garages in this area so their proposal would be consistent with the neighborhood character. Goellner referred to a topographic map of the area and stated that there is an approximate 12 foot elevation change across the lot. She discussed the staff analysis which includes: additional garage space and a screened porch are reasonable uses of the property; the existing home was built in a non- conforming location; the proposed new garage size is reasonable; it would be difficult if not impossible to build a second garage stall onto the existing garage without a variance;this is a relatively large front yard setback variance request, and it does not appear that all options to reduce or eliminate the need for a front yard setback variance have been explored or deemed completely impractical. Goellner referred to a map of the area that illustrated the front yard setbacks of other corner lots along 26t" Avenue and stated that the applicants' request to build a garage 6.25 feet from the north property line seems too close. Goellner stated that staff is recommending denial of the requested front yard variance because the variance is too large and because the applicants could explore other options to relocate the garage that would reduce or eliminate the variance request. She stated that staff is recommending approval of the side yard variance request in order to bring the existing house into conformance with the Code. Perich asked when the house was built. Eric Munt, Applicant, said the house was built in 1947. Orenstein asked if there were alternative solutions or options provided. Goellner said no other alternatives were mentioned in the application. Snope stated that there is 20 feet of right-of-way and questioned if cars parked in the driveway would be located in that right-of-way. Goellner said yes. She stated that she talked to the City of Robbinsdale because that City's border is the north side of 26th Avenue and they said their front yard setback requirement is 30 feet and that they would not recommend allowing parking in the right-of-way. City of Golden Valley BZA Regular Meeting 3 Mar 26, 2019—7 pm Munt said that their front door and address is on the Byrd side of the property and when reviewing the corner lots in this area the driveways are consistently in what he would consider to be a side yard. He said they do have one of the largest front yards but they have a big elevation difference from the back to the front and to put the garage in a different location they would have to build into the hill, would have 50 feet of excavation for gas lines, and a 60 foot long driveway. He discussed other properties in the area that have a similar amount of right-of-way. He said the only other option is to add onto the east side of the house but that is the only flat, usable area and the idea of taking away usable space is not appealing. He said that the way they've proposed the garage addition will have the minimum amount of excavation and will be a minimal loss of space. He added that if they built a garage on the west side of the property it would most likely be detached and there would have to be retaining walls and stairs. Orenstein asked about the existing deck on the back of the house. Munt said that could be removed with the porch addition they are proposing. Orenstein asked if they could build in that deck area. Munt said they would lose all of the usable, flat area and that space is very small. Perich asked if the proposed new garage would be in the same space as the existing garage. Munt said it would basically be in the same space. Perich asked about the size of the proposed new garage. Munt said it would be 22 feet x 24 feet in size. Perich asked if that is typical. Goellner said yes. Orenstein opened the public hearing. Seeing and hearing no one wishing to comment, Orenstein closed the public hearing. Blum said it looks like there is a lot of space to work with and he doesn't think it would be impossible to build without a variance. Perich said the property has two front yards which makes it difficult. The east side of the property will require a variance no matter what and the west side of the property has a large tree which the Board does take into account. He added that a two-stall garage is a reasonable request and that he knows the Board doesn't factor in cost, but building to the west on this property seems a bit much. Orenstein said that this is a pretty aggressive front yard variance request and even though there are other properties in the area that have garages closer to the property lines than allowed, that is not really a consideration or a valid reason to grant this request. Perich said the proposed garage fits within the character of the area and noted that there is another 20 feet of right-of-way. Orenstein stated that he has no issues with the side yard variance request to bring the existing home into conformance. Blum asked why the Board tends to grant those types of variance requests so easily. Goellner stated that it's been a practice for many years to grant variances to existing non-conforming City of Golden Valley BZA Regular Meeting 4 Mar 26, 2019—7 pm structures in order to bring them into conformance. She suggested that the Board also consider granting a variance for the existing garage if they deny the variance for the proposed new garage so that the existing garage would be brought into conformance. MOTION made by Snope, seconded by Perich to approve a variance for 7.8 ft. off of the required 12.5 ft. to a distance of 4.7 ft. at its closest point to the side yard (south) property line to bring the existing home into conformance and the motion carried unanimously. Snope asked about moving the driveway entrance to the west side of the property. Blum said he is hearing that grade is an issue on the west side. He stated that there are some severe grade changes in Golden Valley and he would not consider the grade so severe in this case that it would require them to build elsewhere. Goellner noted that the applicant could also explore adding a second garage stall to what is already there. Munt reiterated that their back yard is their only usable space and that they don't want to take a large portion of it away. He explained that the existing garage is low in height and narrow so they couldn't really add onto it. MOTION made by Blum, seconded by Snope to deny the variance request for 28.75 ft. off of the required 35 ft. to a distance of 6.25 ft. at its closest point to the front yard (north) property line to allow for the construction of a new garage and screened porch addition and the motion carried 3 to 1. Perich voted no. Blum stated that the applicants can re-visit the Board with new plans if needed. MOTION made by Snope, seconded by Blum to approve a variance request for 6.1 ft. off of the required 35 ft. to a distance of 28.9 ft. at its closest point to the front yard (north) property line to bring the existing home into conformance and the motion carried unanimously. 4240 Bassett Creek Drive Paul and Dawn Speltz, Applicants Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)(1)(a) Front Yard Setback Requirements • 14.52 ft. off of the required 35 ft. to a distance of 20.48 ft. at its closest point to the front yard (west) property line to allow for the construction of a new garage and mudroom addition. Goellner explained that upon review of the application for this variance request staff realized that they needed additional floodplain information and information about the home's distance from Bassett Creek. She said she is waiting to get the information and will bring this item to next month's meeting. City of Golden Valley BZA Regular Meeting 5 Mar 26, 2019—7 pm MOTION made Orenstein, seconded by Perich to table this variance request to the April 23, 2019, Board of Zoning Appeals meeting and the motion carried unanimously. 2018 Annual Report Goellner discussed highlights from the report. She stated that there was a pattern in fence height variances and that staff is continuing to work with people in order to help them avoid asking for variances. Blum stated that the Planning Commission discussed the BZA annual report and it was brought up that the BZA tends to grant variance requests. He stated that if exceptions are granted to rules all the time they become the norm. Orenstein asked if the Board has been too liberal in granting variances. Blum said the Planning Commission opinion seemed to be that the Board could be a little tighter in applying the rutes. Goellner added they also should consider if applicants have exhausted all of their options and if they are asking for the smallest variance necessary. � Adjournment MOTION made by Snope, seconded by Blum and the motion carried unanimously to adjourn the meeting at 7:55 pm. Nancy Nelson, Chair Lisa Wittman, Administrative Assistant �;. �.`1�� . :,�� ;;��`�. ��;, � �, ,� ��.. .� �y; �,� �,�� . � � �, �9 i �� , � � %�u� 4 � �� ,� ��.;/ P� �ic�l I�ev�ela► rneant I)e artrn+�nt 3� � � ��-��-s��r��-��-s�c�s t�� Date: April 23, 2019 To: Golden Valley Board of Zoning Appeals From: Emily Goellner, Senior Planner/Grant Writer Subject: 4240 Bassett Creek Drive Paul and Dawn Speltz, Property Owners Introduction This application was tabled at the meeting on March 26, 2019 so that the applicant could obtain more topographical and floodplain information. Paul and Dawn Speltz, owners of the property at 4240 Bassett Creek Drive, are seeking the following variance from the City Code to construct a garage, mudroom, and storage addition: __ _ __ . _ _ ___ __ _ _ ____ ' Variance Request City Code Requirement _...��.�_.._..____ � ___.�..____,._ �_ .;�___,..__�._.__._..__..�..�.___.__ __�. .�... i The applicants are requesting a variance of ; § 113-88, Single Family Residential (R-1) Zoning � 14.52 feet off the required 35 feet to a � District, Subd. (f)(1)(a), Front Yard Setback f distance of 20.48 feet at its closest point � Requirement: the minimum front yard (west) to the front yard (west) property line. ; setback requirement is 35 feet. ___ _ . _ __ _ Background • The lot is approximately 14,000 square feet and zoned for Single-Family Residential use. • It is a corner lot with two front yards facing Kyle Avenue to the west and Bassett Creek Drive to the south. The house and garage currently face Bassett Creek Drive. • The lot is surrounded by Bassett Creek to the east and single-family homes to the north, west, and south. • The home was constructed in 1969. • The footprint of the existing home is approximately 1,821 square feet. • The existing home is three stories -the lower story is a "walkout"to the rear yard on the northeast side of the home. • The footprint of the existing 2-car garage is approximately 480 square feet. It is approximately 20 feet long and 24 feet wide. • The applicant is proposing to convert the existing garage to living space and build a new garage with a mudroom and storage space on the west side of the home. • The proposed front yard setback is 20.48 from the front yard (west) property line. The required setback is 35 feet. • The distance between the curb and the property line along Kyle Avenue is 14.12 feet. • The proposed garage is 24 feet (ong and 24 feet wide, totaling 576 square feet in size. • The proposed mudroom is 24 feet wide and 7.5 feet long, totaling 180 square feet. It will provide a transitional space between the proposed garage and the existing dining room. • The additional storage space is labeled as a shed on the survey (see attached). This space is 92 square feet in size. It is 4.6 feet in width and 20 feet in length. The applicants note that this would be used to store large equipment. • The total size of the proposed addition is approximately 28.6 feet wide and 31.5 feet long, totaling 848 square feet. This would expand the existing footprint of the home by 47%. • There is a gazebo is in a non-conforming location on the northwest side of the property. The applicants plan to remove the gazebo as part of this proposal. • The applicant notes that the existing home was built on a hill sloping down toward Bassett Creek. The home was built about 55 feet from the Ordinary High Water Mark of Bassett Creek, which is the line used to measure compliance with Shoreland setback requirements. A minimum of 50 feet is required, which limits the buildable area on the east side of the home. • The minimum setback requirement on the east side of the home is 25 feet. The home is currently 14.58 feet from the east property line, so expansion here requires a variance. • Buildable area in the northeast part of the lot is limited by the floodplain established by Bassett Creek Watershed Management Commission (BCWMC) (see survey attached). • The minimum setback on the north side ofthe lot is 12.5 feet. The proposed side yard (north) setback is 19.39 feet. • The applicant notes that the existing garage is supported by a "spancrete" floor. It is in disrepair and must be replaced in order for the playroom underneath the garage to continue being utilized. Since it is structurally unsafe at this time, cars cannot be parked inside. • It is also noted that the existing garage is not wide enough for two cars. It is 20 feet wide. Expanding the garage to the east by 2-4 feet is possible with a rear yard variance, but it would bring the house very close to the floodplain line and the Shoreland setback line. • Expanding to the east is also complicated by the presence of retaining walls. • The applicant notes that the presence of two front yards and steep slopes limits the buildable area on the property. • It is also noted in the application that the placement of the proposed addition was chosen in order to stay away from the creek and floodplain. By not building within the required minimum side yard (north) setback of 12.5 feet, large trees would be preserved. • The applicant currently stores recreational and maintenance equipment outside. The additional storage space would allow this equipment to be stored indoors instead. • The neighbor to the north at 2340 Kyle Avenue submitted a letter to the City with questions and concerns about tree preservation, stormwater drainage, intersection visibility for vehicles, property values, and inconsistency with the other front yards in the neighborhood. Staff has prepared responses to each of these questions and they will be addressed during the presentation to the Board of Zoning Appeals. 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. In order to constitute practical difficulties: 1. The property owner must propose to use the property in a reasonable manner. Garage, storage, and mudroom space are reasonable uses of the property. 2. The landowners' problem must be due to circumstances unique to the property that is not caused by the landowner. The buildable area in the northeast and east parts of the lot are limited by topography, floodplain, and Shoreland setback requirements. The existing home was built with a narrow 2-car garage for today's standards, which is 24 feet in width. The existence of a "spancrete" garage in need of repair is primarily an economic circumstance of the property owner and in staff's opinion, should not be considered in this analysis. 3. And the variance, if granted, must not alter the essential character of the locality The proposed addition would alter the essential character of the locality since the addition would be located approximately 20 feet from the front yard property line. While the garage is a size that is consistent with the neighborhood, its placement in the front yard is not consistent. The proposal includes the removal of a non-conforming gazebo in the front yard. While gazebos are seen throughout this area, they are not allowed in front yards. Additionally, staff assesses whether other options are available to meet the applicant's needs without requiring a variance. It appears that one option would be to replace the "spancrete" floor so that the garage and playroom underneath it can continue to be utilized. A shed could be built to store equipment. The applicant noted that this would be a large financial investment, but would not result in any additional room in the narrow garage. Lastly, staff assesses whether the proposal requests the smallest variance necessary to meet the applicant's needs. The applicant could change the shape and location of the addition to meet the setback requirements. If the mudroom and attached storage space were removed,the variance request for the front yard setback could be reduced by approximately 9 feet. Since other options exist that have less impact on the character of the locality, staff is recommending denial of this variance request. Staff suggests that other options to reduce or eliminate the need for the variance are explored further. Recommendation Staff recommends denial of the request for a variance of 14.52 feet off the required 35 feet to a distance of 20.48 feet from the front yard (west) property line. 2�0 2 421 � 2440 24D1 4120 � � `=' a 2400 . � 23 65 � 2360 2361 � Y 2360 � �'? Subject Property #�:v` 2340 ` '�; ,�� 4121 4101 � 23 40 �`"� 4141 4330 2321 c c � , w . > e> �, <. , ...::Y .' � � 4240 , ` �� 4201 ��? 2311 23 40 � Y ,`� i: ass� as2� asi� B��Se�: 4241 � 4227 2301 k� ';t � 2241 2211 ,'�, 2260 2240 2250 2234 2221 2i49 21 2240 Planning� 7800GoIdenValleyRoad,GoldenValley,MN 55427-4588 �rtr nr 763-593-8095�TTY:763-593-3968�www.goldenvalleymn.gov�planning@goldenvalleymn.gov p�j��?y1 L� valley PLAN N I NG APPLICATION • • • • - . . - Street address of property in this application: 4240 Bassett Creek Drive . • • . � � . � Name (individual, or corporate entitiy): Paul and Dawn Speltz Address:4240 Bassett Creek Drive Phonenumber: Email address: Authorized Representative(if otherthan applicant): Name: Joe Iverson-Iverson Homes Address:2605 Campus Drive, Plymouth, 55441 Phonenumber: Email address: Property0wner(if otherthan applicant): Name: Same as applicant Address: Phonenumber: Email address: • • � � Provide a detailed description of the variance(s)being requested: e are seeking a variance in the allowed setback on our west property line to allow construction of a new garege and mudroom space to connect the new garage to the xisting dining room.Because our lot is a corner lot,our side yard(to the west)is considered a"front yard"and has a 35 foot setback.We are requesting a variance of 15feet to distance of 20 feet to the closest point of the west property line. 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: Our current garage is an "elevated"garage made of spancrete, and there is a fully finished playroom underneath the garage.We have recently had water intrusion into the playroom which lead us to discover that there had been a long-term water intrusion from the front of the house(between driveway and house)in conjunction with the salt and water from vehicles in the garage, that has resulted in over half of the spancrete spans being deemed structurally unsafe.We have been advised to not park vehides in our existing garage at this time by a structural engineer. Our existing garage is only 20x24.We have difficulty parking both of our vehides in the garage and still being able to open the car doors. During the summer months we cannot park one of our vehicles in the garage to allow for bikes,scooters etc.We have had our vehide parked in our driveway gone through on at least three occasions, induding theft of personal items.We do our best to keep the vehide locked, but parking it outside,exposes us to ongoing theft concerns.The expense to repair the existing garage space,where we will continue to have overall space issues, has caused us to seek alternative garage options. In order to expand the garage in existing location would also require a variance and push us toward the creek. It also would have to be a two-story addition, given the elevation of our lot in that area.We are also concerned about rebuilding an elevated garage to face future similar issues of water intrusion and structural deterioration. We anticipate removing the deteriorated concrete spans and installing wood floor joists to create a living space in the existing garage. We have reviewed the lot and are faced with a significant elevation change across the yard, and flood plain and creek issues on our northern and eastern property lines.The only viable alternative for building a new, appropriately sized garage is to remove our existing patio and expand the house out to the west.We have shifted the garage structure as far back to the North as possible while still preserving two existing trees.We need a mudroom to allow transition from the new garage into the existing house,where entry will be into the existing dining room.We also have to accommodate the elevation change, as the engineer has indicated the garage will have to be entered from Kyle Ave,which is at a higher grade than Bassett Creek.We are also requesting a small storage area within the garage to accommodate storage of our jet ski and lawn tractor, both of which we currently store outside in the backyard as we have no other storage options. Planning� 7800GoIdenValleyRoad,GoldenValley,MN 55427-4588 �itl nj 763-593-8095�TTY:763-593-3968�www.goldenvalleymn.gov�planning@goldenvalleymn.gov p�l��?y� L� valle� • • • • ' . . • - • 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 � arebasedonaproblemthatisuniquetotheproperty � arenotcausedbythelandowner � do not alter the essential character of the locality Todemonstrate how your request will complywith 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. Our house is a corner lot, and therefore under the code we are considered to have two front yards.We are requesting a variance to the west,which is our home's true side yard. Because it is considered a"front yard"we have a 35 foot setback.The existing house at the dosest point is at 35 feet.Our existing garage is not structurally sound and is 20x24.To expand the existing garage we would also need a variance to the east. Presently we cannot park any vehides in the garage, and if repaired can only park one vehide. In addition to our vehicles,we have a jet ski and lawn tractor, presently stored in the yard. Building a new garage will enable us to park our vehides, and store our additional items concealed from neighborhood view.This will increase the overall appeal of the neighborhood.The requested new garage and mudroom is in line with today's vehide sizes and storage needs, is a reasonable use of our residential property. Whatisuniqueaboutyourpropertyand howdoyoufeelthatitnecessitatesavariance? Our property is unique in that we are a corner lot, and therefore per the City Code we have two front yard setbacks(our actual Front yard along Bassett Cr Drive and also along Kyle Avenue to the West). In addition,we are on a hill with a significant elevation change along the property(our backyard grade chang from Kyle Ave to the creek is over 11 feet).We are also adjacent to the creek and have flood plain concerns on the northeast corner of the property.There i no other feasible location for an expanded garage that is not"elevated"as our existing garage is. If we were not a corner lot,we would not need a variance s the proposed structure would be within the normal side yard setback.We also have two large existing trees on the North property line that we are seeking to preserve. Explain how the need for a variance is based on circumstances that are not a result of a landowner action. Our home was built in the 1960s when garages were smaller,and the home was built at that time with a 20x24 garage.We also had no disclosure of the wate intrusion at the time of purchase, and did not become aware of the issue until water leaked into our playroom.We have met with architects and contractors and have determined there is no other viable location for a garage on the property other than the requested location.We have spent the entire winter unabl to park in the garage due to the structural issues with our current garage. Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole. We purchased our house,in large part because of the traditional colonial look of our home.We fully intend to maintain the character of home,and have worked closely with our contractor and architect to ensure that we maintain the front fa4ade and that the addition does not result in a feeling of a disproportionate garage to the existing structur . We are going to tie the rooflines into the existing home,so that they are symmetrical to the other side of the house.(see Photo below).Golden Valley as a whole is benefited when houses are updated to conform with the current standards,which include at least a 24x24 garage plus additional storage and a mudroom as you enter the home.This wi I benefit not only us,but also future owners.Our neighbor's view will be improved in that we will be able to park our vehicles,and jet ski and tractor inside a garege.It will also create some additional privacy in our backyard,that does not currently exist due to the corner lot.Finally is should be noted that there is a substantial boulevard between our property line and the actual curb on Kyle Ave (14 feet),therefore our proposed structure will still be roughly 34 feet from the actual street,even with the variance. Planning� 7800GoIdenValleyRoad,GoldenValley,MN55427-4588 �itv��l '�y 763-593-8095 I TTY:763-593-3968�www.goldenvalleymn.gov�planning@goldenvalleymn.gov gnl��rz 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. We have not determined any location on the property that would allow us to build (or expand the existing)garage to a 24x24 garage without requiring a variance.We do not desire to expand the existing garage because it would require a variance toward the creek,and potential flood plain,further elevated construction and continued elevated parking,which has already resulted in structure issues. If we were to fill in to rebuild the existing garage we would lose the existing living space of our playroom,which was a selling feature when we purchased the home, as we have young active children. Because of the unique layout of our lot, the proximity to the creek, and the significant elevation change on lot there is no other viable location to build. • � • • O Current survey of your property,induding proposed addition and new proposed building and structure setbacks(a copy of Golden Valley'ssurvey requirements is available upon request;application considered incompletewithout 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 emailadigitalimagetoplanningCgoldenvalleymn.gov;submitadditional photographsasneeded) 0 Fee:$200 apptication fee for Single-Family Residential,$300 application fee for all other Zoning Districts 0 Legal description:Exact legal description of the land involved in this application(attach a separate sheet if necessary): . • Tothe 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 oneyear,the variance expires.I haveconsidered all options afforded to methroughtheCity'sZoningCodeand feelthereis noalternatewaytoachievemyobjectiveexcepttoseekavarianceto zoning rules and regulations.I give permission for Golden Valley staff,as well as members of the Board of Zoning Appeats,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(ifotherthanapplicant),orpropertyowner(if otherthanapplicant). r� Name of Applicant (please print�, � .....,.� .. ....___ ......_n , Signature of Applicant; , Date: Authorized Representative(if other than applicant) Name (please pnnt�; Signature; Date: Property Owner(if otherthan applicant) Name (please pnnt�; Signature: Date; Please note:The City of Gold en Valley will send notice of your variance request to all adjoining property owners as well as owners of properties directly across streefs or alleys. Your neighbors have the right to address the Board of Zoning Appeals at your public hearing. Youare advised to personallycontactyourneighborsand explain yourprojectto them before the public hearing. This document is availabie in alternate formats upon a 72-hour request.Please call 763-593-8006(TTY:763-593-3968)to � make a request. 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"::`�:' :"S -�.. ' • • • • � • • Planning� 7800 Golden Valley Road,Golden Valley,MN 55427-4588 �t�'�'��J 763-593-8095�TTY:763-593-3968�www.goldenvalleymn.gov�planning@goldenvalleymn.gov �ol d en valley � �� , � i� x :�� 1 �r ,,�, �, � - } , ��` � � � t � t � � - �€-� � I _`,' � �;. � .. � _ 5. � ��,�� / l��{��; �+"' � �� '�� l�-r�_ � � rt_ � x > �+ } 5.. ``� ,+ .'�i ;r� � +,�� ,/ /'�/ . • ;�-e: . , . ' , t �� , , . z � -. . . .�� . . ��..f'` � ;. �, ,�-,.1 ' T � i . '�/� ` ; �� y, �,. � ,, '� '�• _ � ` a `� ��,-.� �'�' ,�;{ - '.-'� � �= -�''• �� . . ,.; �� , . � �. ,� i , � ; �, ,I j� '� � �I � � � � II61� "`,S�-v �`.�; � ±. �. , , x� - ; , r. F �� , . .t...., . .� �„,_ <<. � � -�,.;,. � , k, _ . . � . � � � s. Current View of property from Kyle Ave standing at the curb. a, ;Y r. �,�" �' r ��,,� r;� J� .�4 s � 1'1� r .--' ''�\i"'+ /� �'.�_ r; -�t , _ � �`_---�----- �-''-------_._,_—__ , ; I�—^" ---__------._— __ '------__ ��',�1 _'-'•-----._.1��' _! '�'� __�`�._.__._ . � ''� l: lti --------- � -----^---- __�-. ' r---- � ..,. _. -__--i �� I' �,��, � �(f1� � - —- ------ . . , � �' � '� 1/ ;i Current view of home from creek looking at current garage. (Garage is on second level, playroom underneath, Jet Ski stored outside(right corner of photo). .�.+.► ��` .�f' �c° �, � � c �� } �� zt X, . :Tr.� � . .. 5�. �k.'; � - `L� � .. }� ,i ..�� J" : x. � y , ( ..... _. _ .. ... ` y � � }� � ��' � � . � `i y ... Y a �„ .�..... . � ,fi' .• � • . -•t'� ` � t � C � _. rv�. � ' � � �, . .. �rt j , �. _ 1 ' _ � � - .. { ` ' � � � �ss_ . . . ' � « Jt ) : . t ' . ': . .r � . ..... � . ..... i . � k � } y�*�..'Yd:1 f xt t � . .. . . � :55� , p �; ::.� .: ..., , ,, .,. ..... . P � ' , . .� ,M; �4�J£P ;�t . :Y' +;a' _ w ,. i w « ' t `5, Ilj� ` . : � . �,:� �,. . �- z �: Y :,, .,j F � � �.-�'�� "� r . View of current patio area,where proposed garage would go. From the North looking south. Planning� 7800GoIdenValleyRoad,GoldenValley,MN 55427-4588 cih'n! 763-593-8095�TTY:763-593-3968�www.goldenvalleymn.gov�planning@goldenvalleymn.gov gOI�E'j1 valley r � � � , -� � .. �n � � �, . .�.�.:,- ; � f �� F� �� ,. �. � � � i, ,p „ `�� , � � �'�' �.. 1.. � ��i�� ,, , �� ,� w�� .� `� ��. _�� Planned new roofline view from Kyle Ave � C O M 0 L E T C � U I 4 Q 1 N G � G i U S I Ct N 5 October 23, 2018 Paul Speltz 4240 Bassett Creek Drive, Golden Valley, MN Re: 4240 Bassett Creek Drive, Golden Valley, MN Dear Paul Speltz: On Tuesday, October 16th, 2018, an engineer from Complete Building Solutions(CBS) inspected your home and discussed the issues that are concerning you. Our findings and analysis are summarized below, a scope of work to update the house is not provided in this report. A non-intrusive investigation was performed, as many of the structural members were hidden, some assumptions based on traditional construction methods and visible members were taken. Gara�e Svstems: The concrete slab topper has experienced some water infiltration that caused cracking(Figure 1).This is a structural concern as that topper helps keep water from affecting the precast concrete members. Seal the spacing between the garage slab and driveway with a vulkem sealant to reduce the ability of water entering the side of the precast members. The existing cracks in the precast structural slab members are a structural concern and have failed (Figure 3). We have also observed rusting on the reinforcement.This is another concern as rust causes damage 2 ways: 1) rust reduces the strength of the reinforcement; 2) rust expands the diameter of the reinforcement, causing more cracking throughout the length of the reinforcement. Based on these observations the precast slab members need to be replaced. Conclusion: Six separate precast concrete slab members have failed and need to be replaced. CBS does not recommend that you place any load, including driving your vehicles, on the garage slab without replacing the failed members. If you have any questions or comments, please feel free to contact Complete Building Solutions at or email . Yours truly, `!s%sZ�� _� `� VrafessionalErucfneer t � 1 hereby certify thai this plan,specification,or report was r prepared by me or under my direct supervision a�d that I am a duly licensed Professional Engineer u�der the laws of the Stephen Hammill� P. E. stateofMinnesflta. // Signature:�'/��.�'f� , l�lc— '='—— --�1- MN License#48070 Typed orPrinted Name:Stephen Hammill Date:_ 10/23/2018 license Number:48070 Complete Building Solutions ■ 2525 Nevada Ave North ■Suite 302 • Golden Valley, MN 55427 , C tl M P L 6 T 8 B U 1 l D 1 M 6 S O l U T 1 O N E . W.�"� �.� �. .., �.� � . + • �� . ,� ... '., r. .�; . , �. ' . _, �a �..� : .. . .. ...��:.. , .� , .: '. . , . ..... � �� , :r^l .� .� `.�:. � .. . � w � � � ��"� � . .. �� . .... � 57 - . � . ",+^ ��} „ . ' . ^�.,. . � '?�. .'r t�� '. „r�s +a��(. � .. . .� I � r'��``.� .. w r� �,.. � r�'�� :� ,� � i,: ti � �� s} �,-,m �r5` �� , ��h'�� , �, t: # { �; � � "�`c`�_�.t�'�� , � t , � � ¢ : � � . . f ,„,. �� :. '�' ,�Ea^+t-a+4 , g. . �. .tx}a.. �� .;•_. _,._s...,..,vc .... _. ,..... .. • r. F��-.e L Cracks and Water�� ;noy�.0 51uL �vN�,:��y 7 -,.;.ii,ia��uucern � ,�� '� � ��`�� ,.� `' '"��' *'r.t�� ;�':` .��r*�� ,=J, � � � . , a • u' ..- . ,, �,,. . s , x'� . . ,� �� ,� � ;'",�,'`� *��61� �"`�`'' A ;-.�„.,� �.`"�� , '" ��,-� �� " a��+ `«+�' ��, .� �, . ., _ e. A:�� , , ,, 7. . . < �.,�� r""'�,,,, � ��, *3��r�"`", F. �,�}� �. F}�� "� s�r€ Figure 2:SealSpacing between Garage Slab and Driveway Complete Building Solutions • 2525 Nevada Ave North •Suite 302 • Golden Valley, MN 55427 � C O M P L E T E B U 1 L D 1 N G 5 o t.u r �o d 5 �.-�, . � . s . . . � ns- . . . 7� 'wr` .. I� a'� �� ' �; ��,„ � � �'j. " A�+e zw ."�� .. . . , � 3-. '� � 'xn � ',:�..^�'��`� „yi �' -�` .� > � � �y � � � , s, x. ��.� �'" ;�'°'�� #�,� � �. �, .�. �� `� �� • ,��r' , � 9�,� �'��: �� r - . � ..� � �µ �� . � f ��q �� r;' � � a� �c... ._ ... .�.t'..� ,�..�. ..�;;�.��,;, � � �� „ a . ,. � 1�19Jt�1� � �� r"'�* �a�� .a . ,� k u�., �_ �� . .. + �`a�:,, f- �"�'n,. � � * ��5�� ,��, %�� ,. �t�rrt�5{ ��'�, �� r :� ,� € ,.,*� �., �> ��",� . ��,�, , ty.�.. � � ;�, NY. } � �u"' r � � a 'aeMII�N4��ar:�.�.�s� �. � - - �' � � � + 4 �' u « Figure 3:Cracks and Reinforcement Failure of Precast Slab Members—Failed Members Complete Building Solutions ■ 2525 Nevada Ave North ■Suite 302 • Golden Valley, MN 55427 ��G��G MAR 2 2 2019 Variance: Single family zoning variance request for the property�� 4240 Bassett Creek Drive — Paul and Dawn Speltz, Applicants Adjacent property owners — 2340 Kyle Ave. - Thomas and Julie Theiringer This is a neighborhood of spacious yards and plentiful mature trees. At times many of our neighbors have placed little neon men with "Slow, children at play" warnings at the corner of Bassett Creek Drive and along the sides of the road of Kyle Ave. The Speltz's are among these parents. We do not feel a zoning variance is in the best interest of our property or the neighborhood in general. We have the following concerns and questions: 1) To build an additional garage and driveway, heavy equipment will need to be brought in. Our two properties share a very large cottonwood tree. We estimate the diameter of the tree to be 3 feet with a height of at least 60 to 70 feet. We are assuming roots will be cut and soil will need to be compacted to lay a foundation and a driveway. The cutting of the roots could destabilize the tree and compacting of the soil could cutoff oxygen to the tree, further weakening or harming the tree. This is a large tree and could cause damage and / or significant injury should it fall due to weakening of root conditions. If it needed to be cutdown, it would cost in the thousands of dollars. Would the Speltz's be required to bear this expense or would we be accountable as well since the tree is on the property line? Would we need to take legal action to try and prove that the construction caused the 1 damage? What if the Speltz's move? Would the new property owners be liable for tree damage? If we were to move would we need to disclose potential damage to the tree similar to a disclosure of water damage? 2) How close to 2340 Kyle Ave property line would the structure be? How close to our property is the proposed driveway? Will they need to raise the level of the existing soil for the proposed driveway? How will this affect waterflow to our property and/or Kyle Ave. Can we be assured that any water run-off will not have any impact to our property? i.e. Home or yard. 3) Would they be able to build a second level, if desired in the future, say an apartment? Now or at an undetermined time in the future? Perhaps if the property was sold the new owner might decide to do this even if the Speltz's have no plans at this time. With a car in the driveway entering and exiting on a regular basis we would have three driveways converging together in a very small amount of space? How will this affect additional waterflow onto Kyle Ave. and potentially our property? 4) This is a busy neighborhood intersection for cars, cyclists, dog walkers and most importantly, children. Children, including theirs play in the street on a regular basis. How is traffic flow impacted by another driveway in perhaps the busiest area of Kyle Ave., especially in the mornings and evenings? 5) Would the structure have the potential to cutoff a drivers, walkers or cyclist view of Bassett Creek Drive at corner? How will this impact safety and traffic flow? z 6) The sight line of all the houses up and down the east side of Kyle Ave. will be altered. Right now, all the houses are aligned and set back according to existing City code. If this variance is approved can the city assure all Kyle Ave. Homeowners that no other Residence along Kyle Ave. will be permitted to add onto their property and therefore alter the existing set back requirement? How will the proposed variance alter the open sight line to Bassett Creek Drive? 7) The sight line for pedestrians and vehicles entering onto and exiting off of Bassett Creek Dr. to Kyle Ave. would be hindered by vehicles parked on this driveway and therefore, a dangerous situation could be created? 8) Would they be able to build closer to our property in the future if a zoning variance was given? 9) What, if any impact will there be on our property value? Now and in the future? What about other properties in the area? 10) If a zoning exception is approved, how will this affect neighborhood aesthetics? Our backyard view would certainly be affected. Instead of looking at green space and landscape we would be looking at a garage and mudroom. How would other homes in the direct sightline of this property be affected? This is a significant zoning variance of almost 15 feet. We are adamantly opposed to this request for a zoning variance. 3 � � O � Z O o w � � J M W � � 'C O � o � / ) m O Q N � Z �y� � a� 3 � > �. Q, � w Z o o m ... � } z w � a � � z m � E 3 � � o Z Z � w J Z Z a W �- O � � � � W � o c � � � m O J a W cWn � Z Q O Z � � � J Q W � m u� Q o � � c� w ? W ZZ � uWi � Q '��` � zQ a o � � W ? = W a � � � � o � > � Q c� :=. 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