09-24-19 BZA Agenda 7800 Golden Valley Road�Goiden Valley,MN 55427 t f l,' C�
763-593-3992�TTY 763-593-3968�763-593-8109(fax)�www.goldenvalleymn.gov ���den
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Board of Zoning Appeals �
September 24, 2019—7 pm
Council Chambers
R EG U LAR M E ETI NG AG E N DA Golden Valley City Hall
7800 Golden Valley Road
1. Call To Order
2. Approval of Agenda
3. Approval of Minutes
September 9, 2019, Special Meeting
4. 840 Pennsylvania Ave S
Morries 840 Pennsylvania Ave Re, LLC, Applicant
Request: Waiver from Section 113-97, I-394 Mixed Use Section, Subd. (1)(b)(3)Side and Rear
Surface Parking Setback Requirements
• 9 ft. off of the required 15 ft. to a distance of 6 ft. at the surface parking lot's closest point
to the side and rear yard property lines.
Purpose:To allow for a surface parking lot to be closer to the side and rear yard property lines
that allowed.
5. 428 Sunnyridge Lane
Greenwood Design Build, Applicant
Request: Waiver from Section 113-88, Single Family Residential, Subd. (f)(1)(a) Front Setback
Requirements
• 27 ft. off of the required 35 ft. to a distance of 8 ft. at a home's closest point to the front
�
yard (north) property line.
Purpose:To allow for the construction of new home to be closer to the front yard (north)
property line than allowed due to the un-combining of two 40-foot wide lots.
Request: Waiver from Section 113-88, Single Family Residential, Subd. (f)(1)(c)(3) Side
Setback Requirements
• 4 ft. off of the required 8 ft. to a distance of 4 ft. at a home's closest point to the side yard
(south) property line.
Purpose:To allow for the construction of a new home to closer to the side yard (south)
property line than allowed due to the un-combining of two 40-foot wide lots.
6. Adjournment
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7800 Golden Valley Road�Golden Valley,MN 55427 '' ��}� t,I
763-593-3992�TTY 763-593-3968�763-593-8109(fax)�www.goldenvalleymn.gov � �� �l d en
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Board of Zoning Appeals �
September 9,2019—6:30 pm
Council Chambers
SPECIAL MEETING MINUTES GoldenValleyCityHall
7800 Goiden Valley Road
Call to Order
The meeting was called to order at 6:30 pm.
Roll Call
Board Members present: Kade Arms-Regenold, Nancy Nelson, David Perich, and Planning
Commissioner Lauren Pockl
Board Members absent: Richard Orenstein and Andy Snope
Staff present: Planning Manager lason Zimmerman and Administrative Assistant Lisa
Wittman
Approval of Agenda
MOTION made by Perich, seconded by Pockl to approve the agenda of September 9, 2019, as submitted
and the motion carried unanimously.
Approval of Minutes
MOTION made by Perich, seconded by Pockl to approve the minutes of August 27, 2019, as submitted
and the motion carried unanimously.
Tabled Item -8805 and 8905 Wayzata Blvd �'�
Luther Auto, Applicant
Request: Waiver from Section 113-153, Outdoor Lighting Subd. (i)(2) Outdoor Lighting
• 3.5 footcandles more than the allowed 0.5 footcandles for a total of 4 footcandles along the north
property line.
• 3.4 footcandles more than the allowed 0.5 footcandles for a total of 3.9 footcandles along the east
property line.
• 4.1 footcandles more than the allowed 0.5 footcandles for a total of 4.6 footcandles along the south
property line.
• 2.7 footcandles more than the allowed 0.5 footcandles for a total of 3.2 footcandles along the west
property line.
Purpose: To allow for more than the maximum amount of illumination allowed at the property lines.
Zimmerman reminded the Board that this item was tabled at their August 27, 2019, meeting in order to
provide an updated notice to adjacent property owners.
This document is available in alternate formats upon a 72-hour request. Please call �
763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats
may inclutle large print, electronic, Braille,audiocassette, etc.
City of Golden Vailey BZA Special Meeting 2
September 9, 2019—7 pm
Zimmerman referred to a location map of the properties and explained the Code requirements regarding
outdoor lighting. He stated that the Code has three key criteria that apply to lighting in auto sales lots.
The maximum amount of light anywhere on the lot is 20 footcandles,the maximum to minimum light
ratio must not exceed 30:1, and the light trespass at the property lines must be 0.5 footcandles or less.
Zimmerman added that the definition for footcandle is a unit of illumination equivalent to the light
produced by one candle at a distance of one foot.
Zimmerman stated that the applicant has submitted an amended lighting plan that meets the 30:1
min/max ratio, and meets the 20 footcandle maximum, but exceeds the light trespass amount on all of
the property lines rather than just the north property line as originally requested. He stated that the
applicant has asked for amended variances as follows:
• 3.5 footcandles more than the allowed 0.5 footcandles for a total of 4.0 footcandles along the
north property line.
• 3.4 footcandles more than the allowed 0.5 footcandles for a total of 3.9 footcandles along the
east property line.
• 4.1 footcandles more than the allowed 0.5 footcandles for a total of 4.6 footcandles along the
south property line.
• 2.7 footcandles more than the allowed 0.5 footcandles for a total of 3.2 footcandles along the
west property line.
Zimmerman referred to the staff analysis and said that adequate lighting in an auto lot is a reasonable
use and due to the location the essential character of the area will not be altered. Also, the unique
circumstances include that the PUD allowed parking to directly abut the north property line and that
minimal separation between the property lines and the parking areas to the east, south and west
provide additional challenges. He stated that staff is recommending approval of the requested variances.
Linda McGinty, Luther Auto, Applicant thanked staff and the Board for recognizing the importance of
following protocol and for having a special meeting for their proposal.
Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the
public hearing.
Zimmerman stated that the lighting in this proposed plan is vastly reduced from what was originally
approved with the PUD.
Perich said he agrees with the staff analysis and that he thinks the proposal meets all the criteria the
Board uses when considering variance requests.
Pock agreed with Perich and added that the Board had a robust discussion about the applicant's
proposal at their last meeting and she agrees with the staff analysis.
City af Golden Valley BZA Special Meeting 3
September 9, 2019—7 pm
MOTION made by Perich, seconded by Pockl to approve the following variance requests to allow
for more than the maximum amount of illumination allowed at the property lines at 8805 and
8905 Wayzata Blvd. and the motion carried unanimously.
• 3.5 footcandles more than the allowed 0.5 footcandles for a total of 4.0 footcandles along the
north property line.
• 3.4 footcandles more than the allowed 0.5 footcandles for a total of 3.9 footcandles along the
east property line.
• 4.1 footcandles more than the allowed 0.5 footcandles for a total of 4.6 footcandles along the
south property line.
• 2.7 footcandles more than the allowed 0.5 footcandles for a total of 3.2 footcandles along the
west property line.
Adjournment
MOTION made by Nelson, seconded by Perich and the motion carried unanimously to adjourn the
meeting at 6:42 pm.
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Date: September 924, 2019
To: Golden Valley Board of Zoning Appeals
From: Jason Zimmerman, Planning Manager
Subject: 840 Pennsylvania Avenue
Morries 840 PA Ave RE LLC, Property Owner
Introduction
Morries 840 PA Ave RE LLC, owner of the property at 840 Pennsylvania Ave (since readdressed as
850 Pennsylvania Ave), is seeking a variance from the City Code in order to construct a parking lot
within 6 feet of the north (side) property line.
Variance Request ` City Code Requirement
The applicant is requesting a variance of 9 � § 113-97, I-394 Mixed Use Zoning District, Subd. �
! feet off the allowed 15 feet to a distance ; (g)(1)(b) Side and Rear Setbacks. No surface parking
; of 6 feet from the north property line. ; shall be allowed within 15 feet of a lot line
. _._._..... __ _ _ _ :
Background
In 2018, Morrie's Cadillac acquired the property at 840 Pennsylvania Avenue, generally known as
the Weavewood property. The property contained a vacant building that had numerous code
violations and was demolished in April of 2019. In January of 2019, Morrie's was granted a
Conditional Use Permit by the City in order to allow off-street parking for employees of their
dealership located to the east.
At the time of the approval, the setback for surface parking was—and remains—at 15 feet. Staff did
indicate that the City would be considering significant amendments to the I-394 Mixed Use Zoning
District which would likely reduce this setback to 6 feet. Subsequently, in September of 2019, this
change was made as part of the adoption of a new Mixed Use Zoning District that was meant to fit
with the vision for the city laid out in the new 2040 Comprehensive Plan.
However, due to ongoing conversations with the Metropolitan Council regarding unrelated sanitary
sewer issues, approval of the Comp Plan has not yet been obtained and therefore the effective date
1
of the new zoning district (and the associated reduction of the setback) was delayed until January 1
of 2020.
City Code Requirement �
The existing I-394 Mixed Use Zoning District requires 15 feet of setback from side property lines for
surface parking lots. This is meant to provide space for a vegetated buffer between the surface
parking and adjacent uses. The adopted, but not yet effective, Mixed Use Zoning District will require
only 6 feet of setback from side property lines for surface parking lots. While a vegetated buffer is
still required, the intent of the new zoning regulations is to maximize the efficiency of uses within
the targeted mixed use areas—in part by reducing the size of unnecessarily large setbacks.
Summary of Variance Request
The applicant is requesting a variance from the existing side setback requirement in order to
commence with construction of the new parking lot in 2019. The proposed lot is consistent with all
aspects of the new Mixed use Zoning District that will take effect on January 1, 2020. Without the
variance, the applicant will be forced to either delay the installation of the parking lot or to
construct it at a size that does not maximize its capacity.
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 not
permitted by the zoning ordinance.
The property in question was obtained for the express purpose of providing additional
employee parking for the dealership across the street. Early in 2019, the applicant received a
Conditional Use Permit to utilize the space for this purpose. The City has demonstrated it
believes this is a reasonable use.
2. The plight of the landowner must be due to circumstances unique to the property that are
not created by the landowner.
Due to an unrelated delay in the approval of the City's 2040 Comprehensive Plan by the
Metropolitan Council, the City has been prevented from making the new Mixed Use Zoning
District regulations effective in a timely fashion —one that would allow the construction of
the parking lot to proceed this year and to maximize the capacity of the lot. The property
owner has done everything required by the City to obtain the proper approvals for the
proposed parking lot, only to be delayed by circumstances beyond their control.
3. And the variance, if granted, must not alter the essential character of the locality.
Since the setback being proposed through the requested variance would be consistent with
the newly adopted regulations as of January 1, 2020, the variance, if granted, would not alter
the essential character of the locality. In fact, by complying with the standards of the new
2
Mixed Use Zoning District, the subject property would be in compliance while other
surrounding properties would likely be found to be nonconforming.
To aid in the analysis, staff works with the applicant to assess whether other reasonable options are
available to meet the applicant's needs without requiring a variance. In this case, staff believes that
granting the variance is the best option for allowing the construction of the parking lot to proceed in
a timely and efficient manner, as the effective date for the new Mixed Use Zoning District will
essentially make the variance unnecessary on January 1 of 2020.
Lastly, staff assesses whether the proposal requests the smallest variance necessary to meet the
applicant's needs. As outlined above, on the effective date of the new Mixed Use Zoning District, the
actual variance from the City's regulations will be reduced to zero, so the variance of 9 feet will be in
force for only three months.
Recommendation
Staff recommends approval of a variance of 9 feet off the allowed 15 feet of side setback to a
distance of 6 feet from the north property line.
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Planning � 7800 Golden Valley Road,Goiden Valley,MN 55427-4588 Grty of
763-593-8095 � TTY:763-593-3968 � www.goldenvalleymn.gov � planning@goldenvalleymn.gov p-Q�(��t�
PLANNING APPLICATION
�' valley
. . . . - . .
Street address of property in this application:
840 Pennsylvania Ave S., Golden Valley, MN 55426
, • • • � •
Name(individual,or corporate entitiy):
Morries 840 Pennsylvania Ave Re, LLC (attn: Phillip Branson)
Address:
12520 Wayzata Blvd., Minnetonka, MN 55305
Phone number:
Authorized Representative(if other than applicant):
Name:
Sambatek, Inc. (attn: Pete Moreau)
Address:
12800 Whitewater Drive Suite 300, Minnetonka, MN 55343
Phone number: Email address:
Property Owner(if other than applicant):
Name:
Address:
Phone number: Email address:
• • •
Provide a detailed description of the variance(s)being requested:
Variance requested is a 9' reduction of the parking setback from a 15'setback to 6'setback.
This adjustment to the 6'parking setback is currently being proposed by City Planning for the updated Mixed Use zoning
district standards to City Council on 9/3/19 with a goal to be effective by 01/01/2020. Therefore,the proposed parking
layout will comply with the anticipated respective 2020 zoning standards.
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:
Description of the need for variance:
The hardship is the timing of the City's implementation since the language that grants the 6'setback was expected to be
approved in September 2019 but the Met Council's approval of the associated Comp. Plan (due to an issue with unrelated
sanitary sewer calculations)causes a delay to the effective date of the 6' parking setback standard.
Description of the redevelopment: Only use proposed is for employee parking for the adjacent Morrie's Cadillac.
Redevelopment to consist of a bituminous parking lot with curb and significant landscaping.This redevelopment was
conditionally approved at the 01/02/19 City Council meeting for the respective CUP request but an amended approval is
being requested for an updated parking configuration designed to the 6'parking setback.
Planning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 �t}'of
763-593-8095 � TTY:763-593-3968 � www.goldenvalleymn.gov � planning@goldenvalleymn.gov p"��(,'��f�,
�' va�Ile�
� � • • - . . . - .
Minnesota State Statue 462.357 requires that a property exhibit"practical difficulties"in order for a variance to be considered.Practical
difFiculties:
• result in a use that is reasonable
• are based on a problem that is unique to the property
• are not caused by the landowner
• do not alter the essen�ial character of the locality
To demonstrate how your request will comply with Minnesota 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.
The need for the variance request is to:
1)Alleviate parking demands of the adjacent Cadillac business by improving available parking capacity. No dealership
inventory will be stored in the proposed parking lot. It will only be used to service existing employees.
2)To stay on track with currently scheduled construction for Fall 2019.
The use is reasonable to the property because it wil�alleviate current parking capacity constraints of the adjacent business
and will greatly improve site aesthetics through removal of the existing run-down building to be replaced with significantly
more green space 8�landscaping around the parking perimeter.
What is unique about your property and how do you fee)that it necessitates a variance?
The unique aspect of the request with regards to this property is the timing of the City's implementation of updated Mixed
Use zoning standards since the project is scheduled for construction this year in 2019(existing building demolition already
approved and underway),which necessitates the variance request for an acceptance of the 6' parking setback in advance
of the zoning code update approval anticipated to be effective 01/01/2020.
Explain how the need for a variance is based on circumstances that are not a result of a landowner action.
CUP conditional approval for this overall project was received 01/02/2019 and construction has initiated with the approval
of the existing building demolition. Landowner was given the understanding that the parking setback amendment for the
Mixed Used district (from 15'to 6')would be effective in 2019 prior to the respective phase of this construction project
(curb&paving)which are dependent on the zoning setback requirement. The updated timing of that implementation being
an unforeseen and unrelated issue between the City&Met Council for regional sanitary sewer.
Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole.
If granted,the proposed variance will not alter the essential character of this neighborhood and Golden Valley as it will
comply with the forthcoming 2020 Mixed Use zoning standards.
The redevelopment is an improvement to surrounding properties through removal of the unsafe and run-down existing
building, conversion of a 90% hard-surtaced parcel to 70% hard-surtaced parcel (20% reduction, 7,800 S.F. of less
pavemenUbuilding), and significant landscaping improvements(18 new trees&approx. 180 new shrubs).
Planning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 �tt}'Q,�
763-593-8095 � TTY:763-593-3968 � www.goldenvalleymn.gov � planning@goldenvalleymn.gov (T(��(,���
�` V�.�I��T
• � • • � . . ' . - .
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.
An alternate to completing this project without variance(variance requested is temporary by approx. 3-month timing)
would be to have the contractor re-mobilize off-site and return to complete construction in Spring of 2020 after the updated
code is expected to be effective{delaying use of the parking lot by approx. 6 months given the seasonal &construction
timing constraints).
� � �
O Current survey of your property,including proposed addition and new proposed building and structure setbacks(a copy of Golden
Valley's survey requirements is available upon request;application considered incomplete without a current property survey)
O One curren!color photograph of the area afFected by the proposed variance(attach a printed photograph to this application or
email a digital image to planning@goldenvalleymn.gov;submit additional photographs as needed)
O Fee:$20o application fee for Single-Family Residential,$30o application fee for all other Zoning Districts
O Legal description:Exact legal description of the land involved in this application(attach a separate sheet if necessary):
To the best of my knowledge the statements found in this application are true and correct. I also understand that unless construction of
the action applicable to this variance request,if granted,is not taken within one year,the variance expires.I have considered all options
afforded to me through the City's Zoning Code and feel there is no alternate way to achieve my objective except to seek a variance to
zoning rules and regulations. I give permission for Golden Valley stafF,as well as members of the Board of Zoning Appeals,to enter my
property before the public hearing to inspect the area afFected by this request.Please include printed name,signature,and date for ap-
plicant,authorized representative(if other than applicant),or property ower(if other than applicant).
Name of Applicant(pless rint PhIIG B�811SOn
Signature of Applican :
� Date• 08/27/19
Authorized Representative(if other n applicant)
Name(please print): Pet�MOI'�8U
Signature:
�.�%6��^-'--' Date: 08/27/19
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 fo all adjoining property owners as well as owners of
properties directly across streets or afleys. Your neighbors have the right to address the Board of Zoning Appea(s at your pubfic hearing.
You are advised fo personally confact your neighbors and explain your project to them before the public hearing.
� This document is available in alternate formats upon a 72-hour requesi.Please call 763-593-80Q6(TTY:763-593-3968)to �
make a request. Examples of alternate formats may include large print,electronic,Braille,audiocassette,etc.
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Date: September 24, 2019
To: Golden Valley Board of Zoning Appeals
From: Jason Zimmerman, Planning Manager
Subject: 428 Sunnyridge Lane
Lisa McGuire, Property Owner
Introduction
Greenwood Design Build, on behalf of the property owner at 428 Sunnyridge Lane, Lisa McGuire, is
seeking setback variances from the City Code in order to construct two new homes on two 40 foot
wide lots.
Variance Request ; City Code Requirement
� The applicant is requesting a variance of � § 113-88, Single-family Residential (R-1) Zoning
27 feet off the allowed 35 feet to a ; District, Subd. (f)(1)(a) Front Setback. The required
distance of 8 feet from the north (front) '. minimum front setback shall be 35 feet from any
property line for the new north lot� � E front lot line along a street right-of-way line.
The applicant is requesting a variance of 4 ! § 113-88, Single-family Residential (R-1) Zoning
feet off the allowed 8 feet to a distance of ; District, Subd. (f)(1)(b)(3) Side Setbacks. In the case
4 feet from the south (side) property line of lots having a width of 65 feet or less, the side
for the new north lot. ' setbacks along the south side shall be 20 percent of
the lot width.
__ _ � __ _ _ _ _ _. ___ _
Background
The property at 428 Sunnyridge Lane was platted in 1915 prior to the establishment of any zoning
regulations in the Village. The entire Glenwood plat is made up of 40 foot wide lots, similar in size to
those being platted in Minneapolis to the east at the time. As these lots were developed, it was not
uncommon for property owners to purchase two lots and construct one house, giving the
appearance of and functioning as an 80 foot wide lot. However, two legal lots remained in place.
As these homes aged, many have reached the point at which they are in need of significant
rehabilitation or, alternatively, are slated for tear down. Once a single home that straddles the
platted central lot line is removed, the two underlying 40 foot lots may be sold and developed
1
separately. This is the case for the property at 428 Sunnyridge Lane, where the current single-family
home is only 2.4 feet from the north property line and 12.8 feet from the south property line.
While it can be challenging to design modern homes for 40 foot wide lots, the situation at 428
Sunnyridge Lane is exacerbated by the fact that it is a corner lot and the northernmost of the two
newly uncombined lots is subject to a 35 foot front yard setback on two sides—the west and the
north.
City Code Requirements
All single-family zoned properties in Golden Valley are subject to a 35 foot front yard setback.
Corner lots have two front yards and each of the front yards are subject to this regulation. The
Board of Zoning Appeals has maintained the importance of the front yard setback in order to
preserve an unobstructed viewshed along public streets.
Side yard setbacks for lots that are under 65 feet wide are established at 10 percent of the lot width
along the north side of the property and 20 percent of the lot width along the south side of the
property. For a 40 foot lot, this translates to a 4 foot setback to the north and an 8 foot setback to
the south. This maintains consistent spacing in order to provide sufficient southern exposure for the
homes on these lots.
In addition to these regulations, § 113-88, Single-family Residential (R-1) Zoning District, Subd. (f)(3)
requires that each home have a minimum width of 22 feet.
Summary of Variance Requests
The applicant is requesting two variances for the new northernmost lot. The first is from the 35 foot
front yard setback requirement in order to reduce the north setback to only 8 feet. The second is
from the 8 foot side yard setback in order to reduce the south setback to only 4 feet.
The applicant has stated that these variances are necessary in order to provide a building envelope
sufficient to construct a new home. The width of the proposed building envelope would be 28 feet.
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 not
permitted by the zoning ordinance.
The use of a property zoned Single-family Residential for a new home is consistent with the
vision of the City's Comprehensive Plan. Utilizing a legally platted 40 foot wide lot is
reasonable; the setbacks established through the City's zoning regulations for corner lots of
this size do not allow a home to be built without relief.
2
2. The plight of the landowner must be due to circumstances unique to the property that are
not created by the landowner.
While hundreds of corner lots exist across the city—each subject to the limitations of having
two front yards and the accompanying 35 foot setbacks—only a handful of these lots are 40
foot wide. Even fewer are on the north or east side of the block and so have the larger
interior side setback. Applying the 35 foot front yard setback as well as the 8 foot side yard
setback, these properties are left with 43 feet of required setbacks on a 40 foot lot. Without
variances, these lots would be rendered unbuildable.
In previous iterations of the City's zoning regulations, exceptions to the challenges of a
second front yard were carved out in order to preserve a buildable envelope at least 20 feet
wide. This regulation was removed from the City Code in 1983 as part of a larger code clean-
up with no details recorded as to why this particular change was made.
The situation faced by the current property owner is a result of past actions taken by the City
with respect to setbacks, and is not caused by the landowner.
3. And the variances, if granted, must not alter the essential character of the locality.
The property directly to the west of the subject property was granted a variance in 1977 to
reduce the second front yard to 10 feet for the primary structure and again in 2000 to
approve a variance for a detached garage at the same distance. Many of the existing homes
�n corner 40 foot wide lots in the area were constructed under the previous code exception
mentioned above. Due to the number of homes legally constructed at distances less than 35
feet from the front property line in the area, the proposed variances would not alter the
essential character of the locality.
Corner Homes Le�ally Constructed or Granted Variances to Build in the Front Yard Setback
40 foot lots
• 425 Sunnyridge— 1977 variance to construct a home 10 feet from the property line;
2000 variance to construct a detached garage at the same distance
• 500 Indiana Ave - 1962 variance to construct a detached garage 15 feet from the
property line
60 foor lors
• 300 Ardmore—home legally constructed only 13 feet from the property line in 1956
• 422 Ardmore—2018 variance to construct a new home 11.5 feet from the property
line
80 foot lots
• 300 Sunnyridge— 1996 variance make existing home conforming 12 feet from the
property line
• 303 Sunnyridge— 1953 variance to construct a home 18.4 feet from the property line;
2006 variance to construct an addition at the same distance
3
• 500 Ardmore—home legally constructed approximately 10 feet from property line in
1941
To aid in the analysis, staff works with the applicant to assess whether other reasonable options are
available to meet the applicant's needs without requiring a variance. In this case, staff believes there
are no other options aside from not building a home. Staff maintains that property owners should
reasonably expect to be able to utilize a legally platted residential lot.
Lastly, staff assesses whether the proposal requests the smallest variances necessary to meet the
applicant's needs. If granted as requested, the width of the buildable area remaining on the lot
would be 28 feet. Other homes on nearby 40 foot lots have recently been approved within building
envelopes as small as 24.35 feet (2008), 26.5 feet (2018), 27.5 feet (2019), and 28 feet (2013). Staff
recommends approving a smaller front yard variance in order to maximize the size of the setback
while still maintaining the minimally required 22 foot buildable width. Additionally, in order to
maintain adequate separation between the two new homes, staff recommends maintaining the
entire 8 foot side yard setback width, consistent with other new homes that have recently been
built on 40 foot lots.
Recommendation
Staff recommends denial of a variance of 27 feet off the allowed 35 feet of front yard setback to a
distance of 8 feet from the north property line. Staff recommends approval of a modified variance
of 25 feet off the allowed 35 feet of front yard setback to a distance of 10 feet.
Staff recommends denial of a variance of 4 feet off the allowed 8 feet of side yard setback to a
distance of 4 feet from the south property line.
Because the variance would not be needed if the two lots are not uncombined, staff also
recommends one condition of approval be included:
1. The applicant shall provide evidence in the form of documentation from Hennepin County
that the two 40 foots lots have been separated prior to the variance taking effect.
4
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Planning � 7800 Golden Valley Road,Golden Vailey,MN 55427-4588 city a��
763-593-8C95 � TTY:763-593-3968 ( www.goidenvalleymn.gov � planning@goldenvalleymn.gov �Ol��?�
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. . . . - . . -
Street ad�lress of property in this application:
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. • • • � •
Name(individual,or corporate entitiy):
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Address:
fss�" : 7 �'' s•r s��, � �-- �+v�a M ti 55�3
Phone number:
,
Authorized Represe�tative(if other than appiicant): '
Name:
sd��.'E A� i ' T
Address:
Phone number: Emaii address:
Property Owner(if other than applicant):
Name: ,�/�
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Address:
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Phone number: Email address:
• � •
Provide a detailed description of the variance(s)being requested:
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Provide a detailed description of need for a variance from the Zoning Code,including description of building(s),description of proposed
addition(s),and description of proposed alteration(s)to property:
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Planning � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 ��f 1'�t�•-:
763-593-8095 � TTY:763-593-3968 � www.goldenvalleymn.gov � planning@goldenvalleyrr�n.gov ���(,��f�
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• • • � - . . - • - •
MinnesoEa State Statue 46z•357 requires that a property exhibit"practical difficulties"in order for a variance to be considered.Practical
difficulties:
• result in a use that is reasonable
• are based on a problem that is unique to the property
• are not caused by the landowner
� do not alter the essential character of the locality
To demonstrate how your request will comply with Minnesota State Statute 462357.please respond to the following questions.
Explain the need for your variance request and how it will resuit in a reasonable use of the property.
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What is unique about your property and how do you feel that it necessitates a variance?
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Explain how the need for a variance is based on circumstances that are not a result of a landowner action.
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Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole.
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DocuSign Envelope ID:8FEC47A9-477C-4896-ADE3-3C2BF1ADF560
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The City requests that you consider ali avaifable project options permitted by the Zoning Code before requesting a variance.The t3oard
of Zoning Appeals wi11 discuss alternative options to seeking variance with you at the public h2aring.Please describe al#ernate ways to
do yasur prajeet that do nat require var'sae�ees from the Zoning Code.
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• � �
� Gurrent survey of your praperty,induding pro�osed addition ai�d new pra�osed buiicling an�structure setbaeks(a cony of Go{den
Va��ey's survey requirements is available u�on request;a�plication consiclered incomplete wiEhoi�t a current property survey)
L�'� L7ne current ca$or photograph of the area a�fectecl by�he proposed var•iance(�ttacf7 a printecl pnetograph to this application or
emaif a digitai image to planningQa gold�nvalleymi�.gov;`submit adciiEional photographs as nee�ed)
C� fee:$20o applicalian fee for 5i�igfe-Family Residential,$300 a{aplication fee for ai!other Zoning Districts
�` L,egaE c�escriptiesnc Exact 1ega1 description of t:he lanc�involved in this application(attach a se��rate sl�eet if necessary):
.
To tl�e best of�r�y knowledge the statements found in this application are true and correct.i also uncierstand that unless construction of
the acEion applicabie to this variance reque�t,if granted.is not taken within one year,the variance expires.I have conslclered a!I olations
afforded lo me through the City's Zoning Code and fee)there is no alkernate way to achieve my objective excep�to seek a variance to
zoning ruies and regu!ations.I give permission for Golden Va(ley staff,as we11 as members of the Board of Zoning Appeals,to enler my
. property before the public hearing to inspect the area afFected by this request.Please include printed name,signature,and date far ap-
; plicant,authorized representative(if other than applicant),or property ower(if other than app3icant}.
I Narne of Applicant(p{ease pri : ��a! ` �' �� ���`�� �'�t��
' ,,� _.. � t�
Signature of App{icars�: ,%!� Da$e:
Authoriz�d#2epresentative{i ather than appiicantj
Name(please prin#): `��'`��^ �"�' ��?����
S9gnature• E}ate: _
�ropecty Owner{if atl�er than app[icant}
Lisa McGuire, Trustee
tJame{piaase print}:
DocuSigned by:
�;� Date:9/3/2019
Signature: �,�i,,�/����fi -
'�..._
Please note:The City of Golden Va((ey wif(send notice of your variance request to a!1 adjoining property owners as well as owners of
properties direcfly across sEreets or at(eys. Your neighbors have fhe right to address the Board of Zoning Appeals at your pt;b(ic hearing.
You are actvised to personally contact your neiyhbors and exp(ain your project to fhem hefare the public hearing.
' 'This docw3ient is avapabie in alteraate iorna�ts upon�72-hour request.Please Gall 763-593-800b('TN:753-593-34fi8)ta , i
� make a requ�st. Examp{es of alternate for�nats may inelutle Ia�ge print,eleckronk,8raifle,audiQeassette,et�.
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