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HomeMy WebLinkAbout2015-10-28 Planning Commission PacketsAgenda Planning Commission City Of Edina, Minnesota Edina City Hall 4801 West 50rh Street Edina, MN 55424 Wednesday, October 28, 2015 7:00 PM I. Call To Order II. Roll Call III. Approval Of Meeting Agenda IV. Approval Of Meeting Minutes A. October 14, 2015 Planning Commission Meeting Minutes V. Public Hearings A. Variance. Pat Hennessy, 5817 Bernard Place, Edina MN VI. Community Comment During "Community Comment," the Board/Commission will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Board/Commission Members to respond to their comments tonight. Instead, the Board/Commission might refer the matter to staff for consideration at a future meeting. VII. Reports/Recommendations VIII.Correspondence And Petitions IX. Chair And Member Comments X. Staff Comments XI. Adjournment The City of Edina wants all residents to be comfortable being part of the public process. if you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. �9IN�\lam ok e • �NWRPon+�'�9 � PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Kris Aaker October 28, 2015 B-15-22 Assistant Planner Recommended Action: Approve the 3.4 foot front yard setback variance as requested for property located at 5817 Bernard Place, for owner Pat and Jennifer Hennessy. Project Description A 3.4 foot front yard setback variance is requested to add a kitchen "bump -out" in the same location and at the same distance from the street as a bay window in front of the subject home located on the east side of Bernard Place. The owners are requesting a variance to allow a small bay window to be replaced by a kitchen extension that would be approximately 2 feet 8 inches deep, (See property location, aerial photos, photos of the subject and neighboring homes). The project is a remodel to the interior to include the bay window replacement towards the front to add front fagade interest and a small extension of floor area for an expanded kitchen. All of the improvements will match and enhance the existing fagade. The required setback from Bernard Place is established by the average front yard setback of the homes along the east side of the block. The average front yard setback between all of the properties is 127.5 feet. The kitchen addition will be located 124.1 feet to the front lot line, which is the same existing nonconforming setback as the front bay window. The improvements will replace the bay window and will be no closer to the street than the existing structure. INFORMATION/BACKGROUND The subject property is located on the east side of Bernard Place. The lot is 32,727 square feet in area. The owner is proposing the kitchen improvement to be setback from the front, (east), lot line approximately 124.1 feet. Surrounding Land Uses Northerly: Single dwelling units, zoned R-1, single dwelling unit district and guided residential. Easterly/Westerly: Single dwelling units, zoned R-1, single dwelling unit district and guided residential. Southerly: Single dwelling units, zoned R-1, single dwelling unit district and guided residential. Existing Site Features The subject property is 32,727 square foot lot with a story and one half home that has an attached garage built in 1939. Planning Guide Plan designation: Single Dwelling Unit Zoning: R-1, Single Dwelling Unit District Building Design The finish on the home will be the same as existing conditions. Compliance Table * Variance Required Primary Issue: • Is the proposed development reasonable for this site? Yes. Staff believes the proposal is reasonable for four reasons: 1. The proposed use is permitted in the R-1, Single Dwelling Unit Zoning District and complies with all requirements with the exception of setback from Bernard Place. 2. The home is appropriate in size and scale for the lot. The improvement will enhance the property and not detract from the neighborhood. 2 City Standard Proposed Front - 127.5 feet *124.1 feet Side- 10 12.5/11.4feet Rear- 25 feet 152.2feet Building Height 2 1/2 stories 1 1/2 story, 30 feet to the ridge, 19 feet Lot coverage 25% 8% * Variance Required Primary Issue: • Is the proposed development reasonable for this site? Yes. Staff believes the proposal is reasonable for four reasons: 1. The proposed use is permitted in the R-1, Single Dwelling Unit Zoning District and complies with all requirements with the exception of setback from Bernard Place. 2. The home is appropriate in size and scale for the lot. The improvement will enhance the property and not detract from the neighborhood. 2 3. The improvements will provide a reasonable use of a rather compact kitchen. The existing stair well is on the other side of the kitchen preventing an expansion into the back of the home. 4. The kitchen extension is a minor intrusion into the front yard area and will be the same distance from the street and provide the same front yard setback as an existing bay window. • Is the proposed variance justified? Yes. Per the Zoning Ordinance, a variance should not be granted unless it is found that the enforcement of the ordinance would cause practical difficulties in complying with the zoning ordinance and that the use is reasonable. As demonstrated below, staff believes the proposal does meet the variance standards, when applying the three conditions: Section 850.0.Subd., requires the following findings for approval of a variance: Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively. The Proposed Variance will: 1) Relieve practical difficulties that prevent a reasonable use from complying with ordinance requirements. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without the variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable. "Practical difficulties" may include functional and aesthetic concerns. Staff believes the proposed variance is reasonable and very minor. The lot is large, with generous spacing between the subject home and the adjacent homes. The purpose behind the ordinance is to maintain an established front yard sight line and street scape. The ordinance is meant to prevent a continual erosion of the established front yard setback pattern in an existing neighborhood by holding all new construction to the existing neighborhood standard and to avoid new structure build -out beyond existing conditions. The kitchen addition will match the setback of the bay window and will not compromise the intent of the ordinance. The addition to the existing home will maintain the existing pattern of setback on the block. 2) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self- created? Yes. The unique circumstances are that the existing lot is subjected to a front yard setback that is deeper than the location of the existing subject home. The required setback eliminates the opportunity for the small improvement. 3) Will the variance alter the essential character of the neighborhood? No. The proposed addition will be consistent with the location of the existing home and will not change the streetscape along Bernard Place. The character of the neighborhood consists of a variety of housing styles. The applicant is asking to preserve a setback pattern along the block that has included a closer setback of the existing bay window. Staff Recommendation Approve the requested variance based on the following findings: 1. The proposal meets the required standards for a variance, because: a) The practical difficult is caused by the location of the homes to the north. b) The encroachment into the setback continues a setback pattern and will not affect neighboring properties or the street scape. c) The request is reasonable given the location of the existing home and existing floor plan. Approval of the variance is subject to the following condition: 1. The home must be construction per the proposed plans date stamped September 28, 2015. Deadline for a City decision: November 27, 2015 El Variance Request Explanation 5817 Bernard Place 9/23/2015 To the Edina Planning Commission, My name is Pat Hennessy and I am writing you today to ask for a variance so I can improve the look and function of my 1939 Cape Cod home. My wife, our 3 children and I live at 5817 Bernard Place. We have lived here for 12 years. We love the neighborhood, the city, the school district and our old home. While we love our home we have had to manage with our small, outdated and dis-functional kitchen. Over the past 12 years, we have looked at every imaginable solution to update and expand our small kitchen (^'9.5' x 13') and the only affordable and workable solution we can find is to move functionality to where the bay window is in our kitchen by replacing the bay window with a bump out wall. Currently the bay window is not functional and only allows for windows on that kitchen wall. We'd like to update the kitchen to be more usable while maintaining the character and charm of the Cape Cod style home. A bump out wall would allow us to keep the windows, add much needed countertop space, add additional cabinets and add space to greatly improve the traffic flow. The proposed changes will not move the front of the house any closer to the lot line. We are currently back 124.1' from the front lot line. Our neighbors are 125.5', 128.3', 128.4' and 127.8' from their lot lines. Our house is the oldest. The other houses were built later between 1950 and 2010. Options to expand the kitchen in other directions have significant hurdles and costs involved. These issues include dealing with stairs, floor and ceiling level changes, and/or moving walls. These options cost enough that tear down and rebuild becomes a better option at that point. Tear down and rebuild is not a viable option for us but we believe our house has enough character to justify improving verses replacing anyway. Our changes would maintain the character of our home as well as the character of our neighborhood. We really hope we can move forward with this project and stay in our home for many more years to come. Thank you, ���, 01o�Q Pat Hennessy 1`0 �h Ste �� �� Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively. Please fully explain your answers using additional sheets of paper as necessary. The Proposed Variance will: YES NO Relieve practical difficulties in complying ❑ with the zoning ordinance and that the use 7� is reasonable LI,4 tZ a i /! ;r/.;g7 oL.0 9� (If dA) �i�� �L��ic ��iS � t T / % ��%�%� fd y�/ oTu � AOUJ-�s ARS l'k'Zk- 6if7 OF /,v 107 Aeij A), 7 ?a ✓ W, �tilf -4� c. d; wk . Correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district �J xwf A lftdze 01711 PT t y G Y""s t it ❑ ft,L7 rdlCoiJr SII �� �-�°���v� �P��2 k17���� O� � 7N� ����J�a �l :Syai2,r �'�,��? �G�o2 /�Ill✓F Ci✓.�vz-rf- 0ZPf/ -)J0t/6rv.1" 6.,I)Y7 T/vif, Be in harmony with the general purposes and intent of the zoning ordinance au,e Ck4kirX /So Aive' 0Z, Y;ION69C 1A) �-✓c`.��J� UJrLL 1e'�� f� A�✓� C�b� 1f(Lllld�J�l= Not alter the essential Character of a neighborhood toot.) 1 Y�lJ C,VPg a 0 a APPLICANT'S STATEMENT This application should be processed in my name, and I am the party whom the City should contact about this application. By signing this application, I certify that all fees, charges, utility bills, taxes, special assessments and other debts or obligations due to the City by me or for this property have been paid. I further certify that I am in compliance with all ordinance requirements and conditions regarding other City approvals that have been granted to me for any matter. I have completed all of the applicable filing requirements and, to the best of my knowledge, the documents and information I have submitted are true and correct. Applicant's Signature V Date OWNER'S STATEMENT I am the fee title owner of the above described property, and I agree to this application. (If a corporation or partnership is the fee title holder, attach a resolution authorizing this application on behalf of the board of directors or partnership.) 7 Owner's Signature V Date Note. Both signatures are required (if the owner is different than the applicant) before we can process the application, otherwise it is considered incomplete. Detailed Application Requirements: Unless waived by the Planning Department, you must complete all of the following items with this application. An incomplete application will not be accepted. Completed and signed application form. Application fee (not refundable). Make check payable to "City of Edina." One (1) Copy of drawings to scale. _ Seventeen (17) 11x17 copies of drawings, including elevations and survey, photographs and other information to explain and support the application. Copies must be collated. A current survey is required. Please refer to "Exhibit A." _ Grading, drainage, erosion control and stormwater management plan. Grading plan O f s� must include existing and proposed two -foot contours, and location and size of pipes �P4 and water storage areas. The grading and erosion control plan along with a stormwater management plan must be signed by a licensed professional engineer. The stormwater rc management plan must detail how stormwater will be controlled to prevent damage to 6,f ALK. adjacent property and adverse impacts to the public stormwater drainage system. _ Variance requests require scale drawings to explain and document the proposal. The drawings are not required to be prepared by a professional, but must be neat, accurate and drawn to an acceptable scale. The drawings may vary with the proposal, but should include a site plan, floor plans and elevations of the sides of the building which are affected by the variance. _ Elevation drawings of all new buildings or additions and enlargements to existing buildings including a description of existing and proposed exterior building materials. For single family home proiects elevations drawings must include a renderina of the proposed home AND the existing homes on either side as seen from the street. VARIANCE GUIDELINES AND APPLICATION INFORMATION The City of Edina Planning Department encourages healthy development within the city of Edina. Although this document is meant to serve as a guide for the application process for development through the Planning Department it is by no means comprehensive. The Planning Staff recommend that you schedule a meeting to answer any questions or to discuss issues that may accompany your project. It is much easier to tackle problems early on in the process. The office number for the Planning Staff is (952) 826-0465. Variance Information The Edina Planning Commission has been established to consider exceptions (variances) from the Land Use, Platting and Zoning Ordinance (Chapter 36), the Antenna Ordinance (Chapter 34), the Sign Ordinance (Chapter 36) and the Parking and Storage of Vehicles and Equipment Ordinance (Chapter 26). The variance procedure is a "safety valve" to handle the unusual circumstances that could not be anticipated by these ordinances. The Commission is charged to only grant a petition for a variance if it finds: 1. That strict enforcement of the ordinance would cause practical, difficulties because of circumstances unique to the petitioner's property Pat Hennessy From: Charlie Gerk Sent: Friday, September 25, 2015 12:54 PM To: 'Pat Hennessy' Cc: Kris Aaker Subject: RE: variance application Pat, If it is just a bump out of the bay window, I would not require a stormwater plan. Charlie Gerk EIT, Engineering Technician - Water Resources 952-826-03211 Fax 952-826-0392LO g 1 cgerk@edinamn.gov I www.EdinaMN.gov ...For Living, Learning, Raising Families & Doing Business From: Pat Hennessy [mailto:pat@dcipllc.com] Sent: Friday, September 25, 2015 11:46 AM To: Charlie Gerk Subject: variance application Hi Charles, I am Pat Hennessy. I live at 5817 Bernard Pace. I am applying for a variance so I can replace a bay window in my kitchen with a bumped out wall instead. It will create about 3 times the interior space as the current bay window. I am hoping this minor change does not require a grading, drainage, erosion, and storm water management plan. The current grade does not need to be changed. Our block has large lots (106'x^'306'). This change to the front of our house won't have any affect on drainage to my neighbors or public storm water drainage system. I've attached the plan drawings (showing the change and at the bottom the current bay window) and our survey showing the lots on the block. Can you look this over, send or call me with any questions, and get back to me on if I can get a waiver for this requirement? Thanks, Pat Pat Hennessy@msn.com 651-324-9663 �N�NG QEP P��E� S�Q �-�, 0 01 Dear Neighbor, My -name is Pat Hennessy. I live at 5817 Bernard Place. My wife and I are asking for a variance from the Edina Planning Commission to enable us to replace the bay window in our kitchen with a bump out wall. The change will not move the front of our home closer to the street. We will remain 124.1' from the property line. The change will allow us to update our kitchen to a much more functional design and improve the external character of our home while maintaining the house's original charm. In the coming days, the city will also be notifying you of these proposed changes as part of the variance request process. Current house approximate i 1 ' Proposed Changes If you agree these changes are in alignment with the essential character of the neighborhood, I ask that you please sign and return this letter to me so I can add this to the documentation to the variance request. Thank you. Name: ?—t►�C�i,/ d ��,�� Address: �� �.� fcniti� Nil Cg *AV Signature: Signature: Hennepin County GIS - Printable Map Parcel ID: 33-117-21-32-0027 A -T -B: Owner Market Name: Total: Parcel 5817 Bernard PI Tax Address: Edina, MN 55436 Total: Property Sale _ Type: I Price: Home- Sale stead: Date: Parcel Sale , Area: Code: Map Scale: 1" = 200 ft. Print Date: 10/22/2015 Page I of 1 This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT© HENNEPIN COUNTY 2015 A Think,Green! httnc•//c,k hennenin.rns/Pronerty/print/default.a.Snx?C=471724.1 1 8569991 2.4971574.6625... 10/22/2015 Hennepin County GIS - Printable Map Page 1 of 1 - j t p, 4 r,[1l14 nil i � = 1 i ParcelMap Scale: V = 100 ft. N 33-117-21-32-0027 A -T-13: ID: Print Date: 10/22/2015 Al Owner Market Name: Total: Parcel 5817 Bernard PI Tax Address: Edina, MN 55436 Total' Property Sale { Type; Price: ; This map is a compilation of data from various sources and is furnished "AS IS" with no tion or warranty expressed or Home- Sale representa implied, including fitness of any particular stead: ®ate' purpose, merchantability, or the accuracy and I completeness of the information shown. Parcel Sale Code: COPYRIGHT ©HENNEPIN COUNTY 2015 Area: sh Think Green! httns -//gi s.hennenin.us/PTonertV/print/default.asnx?C=471768.4099085739.4971618.1601... 10/22/2015 Report Name: Images City of Edina Printed: 10/22/2015 PID: 33-117-21-32-0027 Page: 1 Property Images Certificate of Survey Prepared for: Pat Hennessy G r o v_e S t N Centerline N 20 9/11/15 --------- 127.8 --------- hennessydwg 24 E .c m y p/ I W Z/ �i y p/ W =/ Imo' `�-------- 128.4----------� / X 1 20 - - - - - - - - - - � 21 ------- 125.5----------� S894.108'E rn 307.43 (meas.)+30767 (plat)`O ------- 131.7 __________ o --____ 124.1 --------- 20 " o kx Shed i S89'46'02 "E 4 4 307.56 (meas.) 307.7 (plat) SC 6 BORG LAND SERVICES INC.fl 763-972-3221 8997 Co. Rd. 73 SE www.SchoborgLand.com Delano, MN 55328 Lecend ® Found Iron Monument Site Address 5817 Bernard Place Edina, MN 55436 Boundory Descriation (suoolied by client) Lot 20, Block 1, CODES HIGH�IEW PARK, according to the recorded plot thereof, Hennepin County, Minnesota. Subject to any and all easements of record. � o �o O - 152.7 (�r1 c `. 0, O scat,E D zs 50 P NINO'bEFq�nl9Fjy� 1 inch = 50 feet SEP 2,y 2015 Bearings based on assumed datum. 7 } c I hereby certify that this certificate of surve�jl prepared by me or under my direct supervision and that l am a duly Registered Land Surveyor under the laws of the Sto Minnesota. Poul B. Schoborg Date:-1__�ZG75 Registration No. 14700 Job Number., 8074 Book/Page: LL Survey Date: 9/11/15 ---------- 728.3 ----------^- hennessydwg Drown by. E 1 20 - - - - - - - - - - � 21 ------- 125.5----------� S894.108'E rn 307.43 (meas.)+30767 (plat)`O ------- 131.7 __________ o --____ 124.1 --------- 20 " o kx Shed i S89'46'02 "E 4 4 307.56 (meas.) 307.7 (plat) SC 6 BORG LAND SERVICES INC.fl 763-972-3221 8997 Co. Rd. 73 SE www.SchoborgLand.com Delano, MN 55328 Lecend ® Found Iron Monument Site Address 5817 Bernard Place Edina, MN 55436 Boundory Descriation (suoolied by client) Lot 20, Block 1, CODES HIGH�IEW PARK, according to the recorded plot thereof, Hennepin County, Minnesota. Subject to any and all easements of record. � o �o O - 152.7 (�r1 c `. 0, O scat,E D zs 50 P NINO'bEFq�nl9Fjy� 1 inch = 50 feet SEP 2,y 2015 Bearings based on assumed datum. 7 } c I hereby certify that this certificate of surve�jl prepared by me or under my direct supervision and that l am a duly Registered Land Surveyor under the laws of the Sto Minnesota. Poul B. Schoborg Date:-1__�ZG75 Registration No. 14700 Job Number., 8074 Book/Page: LL Survey Date: 9/11/15 Drawing Name: hennessydwg Drown by. DMS V.LOS9NNM `VNTQ3 "s aAV C'JVMXgg LT85 :13NIQIS3W ASSaNN21H Nw 0 =Qo ��-LL 2I03 �JN['I3QONI32[ N � ¢ PAP 4 aim Ali C r t �4 - a{ ZZ 7 � Variance Request Explanation 5817 Bernard Place 9/23/2015 To the Edina Planning Commission, My name is Pat Hennessy and I am writing you today to ask for a variance so I can improve the look and function of my 1939 Cape Cod home. My wife, our 3 children and I live at 5817 Bernard Place. We have lived here for 12 years. We love the neighborhood, the city, the school district and our old home. While we love our home we have had to manage with our small, outdated and dis-functional kitchen. Over the past 12 years, we have looked at every imaginable solution to update and expand our small kitchen (^'9.5' x 13') and the only affordable and workable solution we can find is to move functionality to where the bay window is in our kitchen by replacing the bay window with a bump out wall. Currently the bay window is not functional and only allows for windows on that kitchen wall. We'd like to update the kitchen to be more usable while maintaining the character and charm of the Cape Cod style home. A bump out wall would allow us to keep the windows, add much needed countertop space, add additional cabinets and add space to greatly improve the traffic flow. The proposed changes will not move the front of the house any closer to the lot line. We are currently back 124.1' from the front lot line. Our neighbors are 125.5', 128.3', 128.4' and 127.8' from their lot lines. Our house is the oldest. The other houses were built later between 1950 and 2010. Options to expand the kitchen in other directions have significant hurdles and costs involved. These issues include dealing with stairs, floor and ceiling level changes, and/or moving walls. These options cost enough that tear down and rebuild becomes a better option at that point. Tear down and rebuild is not a viable option for us but we believe our house has enough character to justify improving verses replacing anyway. Our changes would maintain the character of our home as well as the character of our neighborhood. We really hope we can move forward with this project and stay in our home for many more years to come. Thank you, Pat Hennessy Pat Hennessy From: Charlie Gerk Sent: Friday, September 25, 2015 12:54 PM To: 'Pat Hennessy' Cc: Kris Aaker Subject: RE: variance application Pat, If it is just a bump out of the bay window„ I would not require a stormwater plan. Charlie Gerk, EIT, Engineering Technician -Water Resources 8 > 952-826-03211 Fax 952-826-0392 cgerk@edinamn.gov I www.EdinaMN.gov ...For Living, Learning, Raising Families & Doing Business From: Pat Hennessy [mailto:pat@dcipllc.com] Sent: Friday, September 25, 2015 11:46 AM To: Charlie Gerk Subject: variance application Hi Charles, 1 am Pat Hennessy. I live at 5817 Bernard Pace. I am applying for a variance so I can replace a bay window in my kitchen with a bumped out wall instead. It will create about 3 times the interior space as the current bay window. I am hoping this minor change does not require a grading, drainage, erosion, and storm water management plan. The current grade does not need to be changed. Our block has large lots (^'106'x306'). This change to the front of our house won't have any affect on drainage to my neighbors or public storm water drainage system. I've attached the plan drawings (showing the change and at the bottom the current bay window) and our survey showing the lots on the block. Can you look this over, send or call me with any questions, and get back to me on if I can get a waiver for this requirement? 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