bza-agenda-jul-26-22
REGULAR MEETING AGENDA
Board of Zoning Appeals meetings are being conducted in a hybrid format with in‐person and remote
options for attending, participating, and commenting. The public can make statements in person at
this meeting during the public comment sections.
Remote Attendance/Comment Options: Members of the public may attend this meeting by streaming
via Webex, or by calling 1‐415‐655‐0001 and entering access code 2458 212 8910.
Members of the public wishing to address the Board remotely have two options:
• Via web stream ‐ Stream via Webex and use the ‘raise hand’ feature during public comment.
• Via phone ‐ Call 1‐415‐655‐0001 and enter meeting code 2458 212 8910. Press *3 to raise your
hand during public comment sections.
1. Call to Order & Land Acknowledgement
2. Approval of Agenda
3. Approval of Minutes
June 28, 2022, Regular Meeting
4. Address: 30 Western Terr
Applicant: Josh Bitz, Bitz Exteriors
Request: 9.8 feet off the required 15 feet for a side yard setback to a distance of 5.2 feet for the
construction of a deck.
§ 113‐88, Single‐Family Residential (R‐1) Zoning District, Subd. (e)(1)(c)(1) Principal Structure Side
Setback
5. Address: 8020 Wynwood Road
Applicant: Aaron Johnson
Request: To waive the building envelope requirements from the side yard setback for a portion of
the new structure for the construction of a home addition
§ 113‐88, Single‐Family Residential (R‐1) Zoning District, Subd. (e)(1)(c)(1) Principal Structure Side
Setback
6. Adjournment
July 26, 2022 – 7 pm
Hybrid Meeting
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 meeting and provide comment by calling in.
Call To Order
The meeting was called to order at 7 pm by Chair Chris Carlson.
Roll Call
Members present: Chris Carlson, Nancy Nelson, Richard Orenstein, Mike Ruby – Planning
Commissioner
Members absent: Kade Arms‐Regenold
Staff present: Myles Campbell – Planner, Jason Zimmerman – Planning Manager
Approval of Agenda
MOTION made by Orenstein, seconded by Nelson to approve the agenda of June 28, 2022, as submitted.
Motion carried
Approval of Minutes
MOTION made by Nelson, seconded by Orenstein to approve the April 27, 2021 meeting minutes.
Motion carried
1. Address: 5901 Westbrook Rd.
Applicant: Rebekah and Ryan Bailey
Request: 1 foot over the maximum allowed height of 4 feet to a total height of 5 feet.
§ 113‐152, Screening and Outdoor Storage, Subd. (c)(1) All Residential Zoning Districts (a)
Max Gort, Planning Intern, reviewed the request, the property, lot regulations for a corner lot, and in
ground pool regulations. Staff displayed numerous photos to illustrate the request and detailed a
pool has a requirement to have a 5ft fence around it, the homeowner would like a 5ft privacy fence
around the entire yard, and that their corner lot legally has two front yards which has a max height
requirement 4ft.
Practical Difficulties
The conflicting ordinances of § 113‐152(c)(1) and § 103‐7(d)(1) make it difficult for the applicant
to build the required fence enclosing her pool while maintaining the character of the property.
Although the yard facing Zane Ave. is legally a front yard, staff finds that in practice it is a
rear/side yard, since the front door and driveway of the house face Westbrook Rd. The north
June 28, 2022 – 7 pm
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yard of the house facing Westbrook Rd. will remain visible which is in line with the purpose of
the zoning code requiring that front yard fences not exceed 4 ft in height. Furthermore, a 5 ft
fence enclosing the east side of the back yard facing Zane Ave. will not obstruct view of the
intersection on the corner of the lot, as the fence will be set back with the northeast corner of
the house. Staff finds this request to be a reasonable use.
While being a corner lot is typically not considered a unique circumstance when reviewing
variances, this in combination with the existing site layout creates issues with following code
requirements for fences. Building a five‐foot fence in a conforming location, behind the east
face of the home, would cut the usable rear yard almost in half. The need for a variance is due
to two conflicting ordinances rather than a desire to alter the property outside of the zoning
code entirely. The need for the fence to be constructed in the proposed location is to connect
with the already existing fence along the southern property line constructed by the applicants’
neighbor. Staff finds that the circumstances are unique to the property and not caused by the
landowner.
The request details a fence enclosing the backyard of the home that is one foot taller than the
maximum allowed. The fence will be placed behind already existing trees and an arborvitae
row, meaning that the nonconforming fence will not be easily visible from the street. The
applicant states that the fence will not be a privacy fence and will therefore not hinder visibility
into the backyard, although the fence itself will be hidden by the landscaping features. Staff
believes that the requested fence will not alter the essential character of the neighborhood.
Other Considerations
Staff assesses whether the request represents the smallest feasible variance or if there are other
options available:
The applicant did propose an alternative variance to §103‐7(d)(1) which would allow the pool
to be enclosed by a 4 ft fence, but this presents a life safety issue for our building officials and
would not be allowed. A conforming fence could be built behind the east face of the home;
however, this would create a barrier through the middle of the backyard.
Recommendations
Staff recommends approval of the variance for 1 foot added to the required 4‐foot maximum height
of a front yard fence resulting in a total height of 5 feet.
Chair Carlson invited the applicant to speak.
Rebekah Bailey, Applicant, discussed their plans to get a pool started a year ago and how it would
add to the usability of the yard. Applicant added that if this height variance wasn’t approved, the
yard would be split by a fence and decrease its functionality. Members did not have questions for the
applicant.
Chair Carlson opened the open forum at 7:16pm.
There were no in person commenters.
City of Golden Valley BZA Regular Meeting
June 28, 2022 – 7 pm
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There were no callers.
Chair Carlson closed the open forum at 7:18pm.
Chair Carlson opened the Board Discussion.
Commissioner Ruby asked staff to clarify the regulation statement that a pool must be enclosed by a
5‐foot fence when this will be a fence enclosing a yard with a pool. Staff noted the building code
requires a fence to enclose the area with a pool and that could be defined as the barrier of the pool
or it could be the yard a pool is in. The regulation is to address public safety.
A MOTION was made by Orenstein and seconded by Carlson to approve the request for 1 foot
added to the required 4‐foot maximum height of a front yard fence resulting in a total height of 5
feet.
Motion carried
2. Address: 1109 Tyrol Trail
Applicant: SKD Architects on behalf of Matt and Maddy Goeden
Request: 7 ft of the required 35 ft front yard setback for a triangular portion of garage addition
§ 113‐88, Single‐Family Residential (R‐1) Zoning District, Subd. (e)(1)(a) Principal Structure Front
Setback
Request: An increase of the 15‐foot setback at a 2:1 ratio with encroachments height exceeding 15
feet due to second story master bedroom height
§ 113‐88, Single‐Family Residential (R‐1) Zoning District, Subd. (e)(1)(c)(1) Principal Structure Side
Setback
Request: 4.7 feet off the required 15 ft side yard setback for portion of garage addition to be in line
with existing non‐conforming wall
§ 113‐88, Single‐Family Residential (R‐1) Zoning District, Subd. (e)(1)(c)(1) Principal Structure Side
Setback
Request: A variance to the side wall articulation requirement for the existing garage and addition
§ 113‐88, Single‐Family Residential (R‐1) Zoning District, Subd. (e)(4) Side Wall Articulation
Max Gort, Planning Intern, reviewed the requests by the applicant and gave a background on the
property. The lot is constrained by a wooded area to the east and the lot to the south is
undeveloped. Staff reviewed the narrowness of the lot as well as the multitude of legally non‐
conforming elements due to the construction date being 1938.
Practical Difficulties
A larger garage allowing for both applicant‐owned vehicles to be stored will protect the
vehicles from exposure to weather and keep them out of sight from the street. At 24.5’ in
City of Golden Valley BZA Regular Meeting
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width, the proposed design keeps the garage minimal in scale relative to the rest of the
property and neighboring properties. With the encroachment on the north setback being
flush with the existing garage wall, the impact on the northern neighbor will be minimal. The
encroachment on the front setback remains a considerable distance from the street, which
will not cause disruption to the use of the front yard or close encroachment on the west side
property line. Staff finds this request reasonable.
The master suite addition on the second floor is within similar scale to the rest of the existing
home, with similar room sizes and ceiling heights. The addition brings the home from 2
bedrooms to 3 bedrooms, accommodating the needs of the homeowners’ family with
children. The building envelope encroachment to the south would be minimal, especially
considering the existing gabled roof and chimney which will remain. The encroachment on
the north side with the garage addition would be even smaller, and should have little impact
on surrounding properties. Given that the encroachments will not disrupt the essential
character of the home and neighborhood while allowing the homeowners to comfortably live
in their home, staff finds this request reasonable.
Given that the existing wall is over 32’ in length and the home is already encroaching on the
side setback, articulation would require more significant reconstruction of the home, and
would further eat into the existing homes floor area by pushing the garage further south by at
least 2 feet. Because of the roof gables on the second story, staff is not concerned with a flat
wall “canyon effect” and finds this request reasonable.
The home was constructed in 1938 in line with the building standards of the time, and with
specific design elements that give the home the special character such as the roof orientation.
Since the existing garage footprint extends into the north setback, and essential living space
exists behind the garage to the east, the applicants state that the only possible directions for
expansion are to the west and south. Furthermore, the property is well buffered by trees with
Theodore Wirth Park to the east, such that building outward onto the rest of the lot may
necessitate more significant removal of vegetation. Staff believes the site exhibits unique
circumstances that are not caused by the landowner.
The applicants have stated that the plans to expand the capacity of their home was done with
careful intent to preserve the character and scale of the home. Exterior finishes and roof
orientation are being taken into consideration to this end. The visual impacts of the variances
are minimal, with encroachments onto various setback lines kept within a few feet. The
applicants also highlight that Tyrol Trail is a dead‐end road, and therefore impacts on traffic
will be kept to a greater than usual minimum. Staff believes that the requested variances will
not alter the essential character of the neighborhood and city.
Other Considerations
Staff assesses whether the variance represents the smallest feasible variance or if there are other
options available:
Front and Side Setback Variances: With the existing garage already extending into the north
setback line by 4.7 ft and essential living space to the east, there are no existing options for
expansion of the garage but to the south and west, encroaching on the front setback.
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o Staff met with the architects from SKD and agreed that this approach was the most
viable option
Side Setback Variance: Building the additional master bedroom suite above the living room is
the only reasonable location, as there is no additional space on the second level or the main
level that would meet the applicants’ needs without incurring significant cost.
o Building the master bedroom above the living room while being in line with the required
2:1 setback ratio with make the bedroom much smaller and require a hip roof and
breaking the character of the home.
Recommendation
Staff recommends approval of a variance of 7 feet off the required 35 feet for a triangular
portion of a garage addition on the west side property line, to a total distance of 28 feet.
Staff recommends approval of a variance for an existing living space and garage wall
encroaching 4.7 feet into the north side yard, reducing the setback from 15 feet to 10.3 feet.
Staff recommends approval of a variance waiving the building envelope requirements for a
portion of the garage and master bedroom additions, subject to consistency with the plans as
submitted.
Staff recommends approval of a variance waiving the side wall articulation requirements for
the north side wall.
Members asked about the vacant lot to the south and staff addressed that it is zoned single family
and the long‐term plan is for a home to be there. Staff approved building plans for the lot to the
south last year and based on the design, the bulk of the home will be to the east of the second
story addition.
Chair Carlson invited the applicant to speak.
Steven Kleineman, addressed the southern property line concerns and the proposed south wall is
offset so the character is carried while being sensitive to the southern property owner.
Chair Carlson opened the open forum at 7:44pm.
There were no in person commenters.
There were no callers.
Staff noted an email from the northern neighbor and they support the variance.
Chair Carlson closed the open forum at 7:46pm.
Chair Carlson opened the Board Discussion.
Orenstein commented on the analysis of staff and they discussed the addition, that it is reasonable,
and noting the wooded areas around the house. Commissioner Ruby noted the good fortune that
staff has seen the plans for the vacant lot south of the home and thus having the knowledge that the
variance will not impact them. He added to be aware in the future of situations similar to this where
a variance may negatively impact a future build next door and notifying that owner beyond a generic
mailing.
City of Golden Valley BZA Regular Meeting
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A MOTION was made by Nelson and seconded by Orenstein to follow staff recommendation and
approve the variance of 7 feet off the required 35 feet for a triangular portion of a garage addition
on the west side property line, to a total distance of 28 feet.
Motion carried
A MOTION was made by Nelson and seconded by Carlson to follow staff recommendation and
approve the variance for an existing living space and garage wall encroaching 4.7 feet into the north
side yard, reducing the setback from 15 feet to 10.3 feet.
Motion carried
A MOTION was made by Nelson and seconded by Carlson to follow staff recommendation and
approve the variance waiving the building envelope requirements for a portion of the garage and
master bedroom additions, subject to consistency with the plans as submitted.
Motion carried
A MOTION was made by Nelson and seconded by Orenstein to follow staff recommendation and
approve the variance waiving the side wall articulation requirements for the north side wall.
Motion carried
3. Orientation
New member/role orientation for BZA members
Staff presented the annual Board of Zoning Appeals Orientation.
4. Adjournment
MOTION made by Orenstein, seconded by Carlson and the motion carried unanimously to adjourn the
meeting at 8:04 pm.
Motion carried.
________________________________
Chris Carlson, Chair
_________________________________
Amie Kolesar, Planning Assistant
Date: July 26, 2022
To: Golden Valley Board of Zoning Appeals
From: Myles Campbell, Planner
Subject: 30 Western Terrace
Bitz Exteriors on behalf of Nathan Stein, Applicant
Introduction
Nathan Stein, the property owner, is seeking a variance from the City Code in order to replace an
aging deck located at the above address. The applicant is seeking the following variances from City
Code:
Variance Request City Code Requirement
The applicant is requesting
a variance of 9.8 feet into
the west side yard, reducing
the setback from 15 feet to
5.2 feet.
§ 113‐88, Single‐Family Residential (R‐1) Zoning District, Subd.
(e)(1)(c)(1) Principal Structure Side Setback
In the case of lots having a width of 100 feet or greater, the side
setbacks for any portion of a structure 15 feet or less in height
shall be 15 feet.
Background
30 Western Terrace is the current address for a single‐family home
built in 1964. The lot is 13,666 sq. ft. and is considered a corner lot,
facing Western Terrace on its east and south sides. The home itself is
setback from the west side property line with sufficient space to meet
side yard setback requirements, however an existing deck on this part
of the property is 2 feet from the property line at its closest point.
The applicant plans to replace this existing deck with a design that runs
roughly parallel with the property line, and which would pull it further
back off said property line. At its closest point the new deck would be
5.2 feet to the side property line. Because of being a corner lot and the
2
garage taking up yard space to the north of the home, the applicant notes that this area to the west
functions as their outdoor living space, and that the new deck will be more useable by its design.
Summary of Requests
The applicant is requesting a variance from the side yard setback requirements for principal
structures – Chapter 113‐88 of zoning code handles the single‐family (R‐1) zoning district. Under
Subsec. (e)(1)(c)(1) the requirements for side setbacks for lots over 100’ in width are laid out. For
any portion of the principal structure (here including attached decks) under 15’ in height, as
measured from average grade, the setback from a side property line shall be 15’.
For this lot, home itself meets this required setback, however
the existing deck is only 2’ off the property line at its closest
point. This existing deck has been place at least as far back as
2002 based on analysis of aerial photography. The outline for
this original deck is shown outlined in red on the image to the
left from a site survey.
Shown in green is the footprint of the proposed deck. The deck
would be 25’x16’ along with a small set of steps down to the
yard itself. By straightening the design to follow the wall of the
house, the applicant ends up with slightly more floor area than
the existing deck while pushing it slightly further off the property
line. At the north end the deck would be 5.2 feet off the
property line, and 6.5 feet on the south end.
Analysis
In reviewing this application, staff has maintained the points
of examination to the considerations outlined in Minnesota
State Statute 462.357 – that the requested variance is in
harmony with the general purposes and intent of the Zoning
Chapter, that it is consistent with the City’s Comprehensive Plan, and that a property exhibit
“practical difficulties” in order for a variance to be granted.
Staff finds that the variance is generally in line with both the purpose of the Zoning Code, as it does
not impact or change the principal use of the lot as a single‐family residence, nor does it allow for
additional density of population. Staff also finds the request reasonable in light of the 2040
Comprehensive Plan, which has as one of its goals to “support the rehabilitation and reinvestment
of the housing stock as structures continue to age.”
In order to constitute practical difficulties:
1. The property owner must propose to use the property in a reasonable manner.
The new deck is proposed in a location that has had a deck of comparable size for over
twenty years, and which reduces the degree of encroachment on the side setback. The area
3
in question functions as the lot’s rear/back yard and the deck would be used for outdoor
living/recreation. Staff finds this request reasonable.
2. The landowners’ problem must be due to circumstances unique to the property that is not
caused by the landowner.
As the current homeowner purchased the home in 2020, neither the home’s layout on the
lot or the existing deck were created by them. The home being built so close to the side
property line, and the side loading garage, reduce the amount of yard space to be used for
outdoor living and where a deck could be located in the first place. Staff believes the site
exhibits unique circumstances.
3. And the variance, if granted, must not alter the essential character of the locality
The deck is located in a similar area to the existing deck, which has been in place for a
number of years. The new proposal also pushes the structure further off the shared property
line to minimize impact on adjacent resident. Staff believes that the requested variances
will not alter the essential character of the neighborhood and city.
Additionally, staff assesses whether other options are available to meet the applicant’s needs
without requiring a variance, or whether the proposal requests the smallest variance necessary to
meet the applicant’s needs.
A patio could be located in this area without a variance, but would not be level with the main
floor of the home and require steps down to it, which may require a variance, lesser, of their
own.
The deck width could be further reduced to minimize the setback encroachment
Recommendations
Staff recommends approval of a variance of 9.8 feet off the required 15 feet for a new deck on the
west side property line, to a total distance of 5.2 feet.
Points of Consideration for “Practical Difficulty” Test Met Not Met
Property proposed to be used in a reasonable manner X
Problem due to circumstances unique to the property and not
caused by the landowner
X
If granted, would not alter the essential character of the
locality
X
Are other reasonable options available?
Yes, a patio could be constructed in place of the deck or the width of the deck further reduced.
5709 McGUIRE ROAD
EDINA MN 55439
952-854-9002
www.state-engineering.com
State
Engineering
and Surveying
Company
PREPARED FOR
BITZ EXTERIORS LLC
8032 EDGEWOOD AVE N
BROOKLYN PARK MN 55445
SITE LOCATION
30 WESTERN TERRACE
GOLDEN VALLEY MN 55426
JUNE 23, 2022
Date: July 26, 2022
To: Golden Valley Board of Zoning Appeals
From: Myles Campbell, Planner
Subject: 8020 Wynnwood Road
Aaron Johnson, Applicant
Introduction
Aaron Johnson, the property owner, is seeking a variance from the City Code in order to add an
addition on to the existing home. The applicant is seeking the following variances from City Code:
Variance Request City Code Requirement
The applicant is requesting
a variance to waive the
building envelope
requirements from the side
yard setback for a portion
of the new structure.
§ 113‐88, Single‐Family Residential (R‐1) Zoning District, Subd.
(e)(1)(c)(2) Principal Structure Side Setback
In the case of lots having a width of 100 feet or greater, the side
setbacks for any portion of a structure 15 feet or less in height
shall be 15 feet. The side setbacks for any portion of a structure
greater than 15 feet in height shall be measured to an inwardly
sloping plane at a ratio of 2:1 beginning at a point 15 feet directly
above the side setback line.
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Background
8020 Wynnwood Rd is the current address for a single‐family
home built in 1964. The lot is 12,737 sq. ft. and is of a regular
shape and faces Wynnwood Rd to the south. The home itself is
two‐stories, with a tuck under garage and walkout basement
facing towards the street.
The applicant plans to add to the home – a new two‐story
addition to the east of what is existing. The basement of the new
addition would remain mostly unfinished with the main level
including a new family room and bedroom suite. The addition
would be roughly 8 feet taller than the existing structure but still
under the maximum height restrictions for R‐1 zoning, and
matching the roof orientation from the existing home. While the
addition’s footprint would be built outside of the east side
setback, the addition’s height would require a waiver of the
building envelope requirements in order to be permitted under
code.
Summary of Requests
The applicant is requesting a variance from the side yard setback requirements for principal
structures – Chapter 113‐88 of zoning code handles the single‐family (R‐1) zoning district. Under
Subsec. (e)(1)(c)(2) the requirements for side setbacks for lots over 100 feet in width are laid out.
For any portion of the principal structure (here including attached decks) under 15 feet in height, as
measured from average grade, the setback from a side property line shall be 15 feet. For those
portions above the 15 feet limit, they must be stepped back from the setback line, at a ratio of 1
foot inwards off the setback for 2 feet of additional height.
For this home, the exposed basement level on the front of the home drops the average grade which is
used to calculate all building height requirements. Rather than being 15 feet above the main floor level,
it is based on the average grade which is set roughly 2 feet below the main floor.
Because of the difference in average grade compared to the grade along the east side of the proposed
addition, and the fact that the structure would be built right up to the side setback line, a portion of the
addition would extend outside of the building envelope. This is what triggers the need for a variance.
The applicant notes in his application that if the height of the structure were measured from the grade
along the side of the home, then the building envelope would not be a problem. However, that is not
how the City establishes the building envelope.
In the diagrams below, the average grade is shown as the red dashed line which is calculated by
averaging the three elevations circled in red. The blue line shows the tent‐shaped building envelope at
the setback line. Areas in yellow are projected to be outside the building envelope.
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South elevation
East elevation
It should be noted that the home adjacent to this property to the east sits approximately 15 feet from
the property (at the minimum side sideback). If this addition is constructed as proposed, the distance
between the two structures would be the minimum allowed under the zoning code (30 feet) given the
lot widths.
Analysis
In reviewing this application, staff has maintained the points of examination to the considerations
outlined in Minnesota State Statute 462.357 – that the requested variance is in harmony with the
general purposes and intent of the Zoning Chapter, that it is consistent with the City’s
Comprehensive Plan, and that a property exhibit “practical difficulties” in order for a variance to be
granted.
Staff finds that the variance is generally in line with both the purpose of the Zoning Code, as it does
not impact or change the principal use of the lot as a single‐family residence, nor does it allow for
additional density of population. Staff also finds the request reasonable in light of the 2040
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Comprehensive Plan, which has as one of its goals to “support the rehabilitation and reinvestment
of the housing stock as structures continue to age.”
In order to constitute practical difficulties:
1. The property owner must propose to use the property in a reasonable manner. As
proposed, the addition would add a master suite and a family room to the east end of the
existing home. Due to the time period in which the home was constructed, a larger, more
modern, living space is a reasonable request. The design of the addition, though, does not
take into account the site conditions that create the building envelope. Staff believes a
smaller or reconfigured design is possible, and therefore does not believe the proposal is
reasonable in its current form.
2. The landowners’ problem must be due to circumstances unique to the property that is not
caused by the landowner. The design of the current home, which has the garage and
basement constructed at a lower level than the main floor, was not caused by the current
owner but constructed decades ago. At the same time, homes that sit on lots with a sloping
grade and include a tuck‐under garage are not uncommon in the city and many properties
are constrained by the average height calculation. Adjustments to the desired design are
often needed. Staff does not believe the issue being debated is due to a unique
circumstance.
3. And the variance, if granted, must not alter the essential character of the locality. As
proposed, the addition would not be excessively tall and would not be out of line with the
rest of the neighborhood. While a majority of the homes along Wynwood are single‐story,
there are also a handful that have second stories. However, the height of the addition
directly on the setback line could have impacts on the adjacent property and home.
Therefore, staff believes granting the variance would alter the essential character.
Additionally, staff assesses whether other options are available to meet the applicant’s needs
without requiring a variance, or whether the proposal requests the smallest variance necessary to
meet the applicant’s needs.
Lowering the height of the addition to match that of the existing roofline, possibly by
removing the row of windows near the peak, could reduce or remove the needed variance
for the addition. Alternatively, the width of the addition could be reduced to move it further
from the side setback line.
Recommendations
Staff recommends denial of a variance to waive the building envelope requirements from the side
yard setback for a portion of the new structure.
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Points of Consideration for “Practical Difficulty” Test Met Not Met
Property proposed to be used in a reasonable manner X
Problem due to circumstances unique to the property and not
caused by the landowner
X
If granted, would not alter the essential character of the
locality
X
Are other reasonable options available?
Yes, the height or width of the addition could be reduced.