pc-minutes-07-10-2023
REGULAR MEETING MINUTES
This meeting was conducted in a hybrid format with in‐person and remote options for attending,
participating, and commenting. The City used Webex to conduct this meeting and members of the
public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it
on CCXmedia.org, or by dialing in to the public call‐in line.
1. Call to Order
The meeting was called to order at 6:30 pm by Chair Brookins.
Roll Call
Commissioners present: A. Brookins, M. McCormick, M. Ruby, C. Segelbaum
Commissioners absent:
Staff present: Myles Campbell – Planner, Lia Siro – Planning Intern
Council Liaison: Denise La Mere‐Anderson – not present
2. Land Acknowledgement
3. Approval of Agenda
MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to approve the
agenda of July 10, 2023.
MOTION CARRIED
4. Approval of Minutes
June 12, 2023, Regular Meeting
MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to approve the
minutes of June 12, 2023.
MOTION CARRIED
5. Informal Public Hearing – Conditional Use Permit (CUP)
Address: 1840 Major Drive
Applicant: Jessica Roe
Request: To allow for the continued use of an existing boathouse/shed within the shoreland setback
area.
Lia Siro – Planning Intern, started with a summary of the request and said Conditional Use Permit
176 would allow for the continued use of an existing boathouse/shed within the shoreland overlay
setback from Sweeney Lake. He noted the home’s location in the City and that the home was built
prior to state or city shoreland management requirements.
July 10, 2023 – 6:30 pm
Council Chambers
Hybrid
City of Golden Valley Planning Commission Regular Meeting
July 10, 2023 – 6:30 pm
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The applicant had a variance approved in May for deck improvements, this required additional
landscaping and either the removal or acquirement of a CUP for the boathouse in the rear yard. This
boathouse was built by the previous owner without building permits or a CUP.
Staff went on to describe the boathouse:
Built in late 2010’s
Fully within shoreland setback
Dimensions are 8’x12.5’
5 feet off the side property line
Less than 10 feet in height
Applicant hopes to keep the shed in order to use it for storage of lake and outdoors equipment
Landscaping Work
A recommended condition of the deck variance was restoration work along the shoreland
o Bid sheet from Ecologist is included in the agenda packet
Restoration would include removal of turf and invasive weeds with an herbicide safe for aquatic
use, replaced with native plant species, 20 shrubs and 2 trees.
o Would also include maintenance visits through winter of 2024
Environmental staff have reviewed the bid sheet and are supportive of the efforts to improve
the shoreland ecology
CUP Evaluation – 11 Findings and Evaluations for Review
1. Demonstrated Need – Met
2. Consistency with Comprehensive Plan – Met
3. Effect upon Property Values – Met
4. Effect on Traffic Flow and Congestion – Met
5. Effect on Population and Density – Met
6. Compliance with City’s Mixed‐Income Housing Policy – Not applicable
7. Increase in Noise; Generation of Odors, Dust, Smoke, Gas, or Vibration; Increase in Pests or
Vermin – Conditionally met
8. Visual Appearance – Conditionally met
9. Other Effects upon the General Public Health, Safety, and Welfare – Conditionally met
Recommended Action
As the proposed use meets all the factors of evaluation outlined in the City Code, staff recommends
approval of the Conditional Use Permit subject to the following conditions:
1. Applicant shall follow through with proposed shoreland restoration as described in the
provided bid sheet
2. Shed shall continue to be used solely for equipment storage
3. This approval is subject to all other state, federal, and local ordinances, regulations, or laws
with authority over this development.
City of Golden Valley Planning Commission Regular Meeting
July 10, 2023 – 6:30 pm
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Commissioner Segelbaum noticed that the ecologist will make visits for a few years but wanted to
clarify that isn’t a condition. Myles Campbell noted that the evaluation wasn’t required but it was a
part of the bid and thus part of the application.
Chair Brookins asked if the shoreland restoration was tied to the shed and he asked what the
correlation is. Staff responded that it’s due to the visual appearance from the lake as well as to create
an ecological benefit. The shoreland setback is partly for structure maintenance but also to maintain
aesthetic. Adding the landscaping would reduce the visual impact.
Brookins followed up by noting the call out to the shed being used only for storage, and asked if uses
beyond that were allowed. Staff responded the boathouse/shed can’t be used for living space or
sanitary. Segelbaum asked if there was a way to reconcile competing restrictions, in this case the
shoreland setback restricts the lot buildability. Staff discussed the variance that was recently
approved in May and reminded the group that the home’s deck and sunroom had been approved via
variance in the 1990s. The home was built two years before Minnesota’s Shoreland Management Act
and all these pieces lead to a home being legally non‐conforming. Additionally, the code understands
that some rear yards are in these setbacks and that led to the CUP allowance so there’s reasonable
review for these cases.
Chair Brookins invited the applicant to speak.
Jessica Roe, applicant, noted the trees she’s planting to shield the boathouse from the lake view. The
applicant added that she’d prefer to replace the shed but acknowledges the restrictions and plans to
repair the shed as best she can to enhance its appearance and usability. The shoreline restoration
company will be out this year and next year to ensure compliance.
Commissioner Segelbaum asked the applicant if she’d like to rebuild the shed. The applicant
responded that she would prefer to rebuild it completely because there are holes in the shed.
However, she acknowledges the City requirements and will do what needs to happen to meet those
requirements. Commissioner Ruby asked staff if they could approve her ability to replace it while
they approve the CUP. Staff clarified that in this moment, replacing the shed isn’t allowed because
the original was build illegally, yet once the CUP is approved, the footprint is also approved. This all
means that the applicant can replace the shed in kind but can not expand. The applicant responded
she would prefer that option the most.
Chair Brookins opened the public hearing at 6:43.
Chair Brookins noted there were no Golden Valley Speaks comments left prior to the meeting and
that staff did not receive comments otherwise in advance.
Chair Brookins invited in person commenters to speak first.
There were no in person commenters.
Chair Brookins invited remote callers to speak.
There were no remote callers.
Chair Brookins closed the public comment portion at 6:45pm.
Commissioner Ruby said he was present at BZA when this item was before them, he added that the
homeowner is doing everything she can to come into compliance. He added that the group should
approve this given all the things the applicant would like to do to accommodate the city and enhance
City of Golden Valley Planning Commission Regular Meeting
July 10, 2023 – 6:30 pm
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the area for her neighbors. Commissioner Segelbaum echoed that. Chair Brookins asked if there are
conditions around size to consider. The conversation continued on the flooring of the shed, current
foundation, allowing the applicant to expand the size, and impervious surface limitations. They
discussed adding a clause that the setbacks to the neighboring properties and lake maintain the
same, so if the size expands, it does so towards the applicant’s property.
MOTION made by Commissioner Ruby, seconded by Commissioner Segelbaum, moved to
recommend approval of the Conditional Use Permit 176 subject to the following conditions:
1. Applicant shall follow through with proposed shoreland restoration as described in the
provided bid sheet
2. Shed shall continue to be used solely for equipment storage
3. This approval is subject to all other state, federal, and local ordinances, regulations, or laws
with authority over this development.
4. To allow one extra foot in width or length, while maintaining the current setbacks to the
lake and neighbor.
MOTION CARRIED
– End of Televised Portion of Meeting –
6. Council Liaison Report
Council Member La Mere‐Anderson was not present
7. Other Business
Staff gave an update on the approvals for the zoning and subdivision actions for 208 Meander Rd and
4707 Circle Down, which were approved by the Council. Commissioners had questions on if
additional details had been provided for 208 Meander, which staff confirmed they had.
8. Adjournment
Meeting adjourned at 7:00pm.
________________________________
________________________________ Secretary, Mary McCormick
Amie Kolesar, Planning Assistant