bza-minutes-may-23-23REGULAR 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 and the land acknowledgement was read by Chair Carlson.
Roll Call
Members present: Chris Carlson, Elizabeth Greiter, Nancy Nelson, Richard Orenstein, Mike Ruby
–Planning Commissioner
Members absent:
Staff present: Myles Campbell – Planner
Approval of Agenda
MOTION made by Orenstein, seconded by Ruby to approve the agenda of May 23, 2023, as submitted.
Motion carried.
Approval of Minutes
MOTION made by Orenstein, seconded by Carlson to approve the April 25, 2023 meeting minutes.
Motion carried.
1.Address: 3350 Kyle Avenue North
Applicant: Peter Bisila
Request: Variance of 27.1 feet off the required 35 feet to a distance of 7.9 feet for a front yard
setback.
Myles Campbell, Planner, reviewed the location and noted this variance was to allow for a detached
garage at the rear of the existing home. Campbell noted the home’s location in the City, gave
background on the lot as well as listed existing conditions. Of particular note, there is an
undeveloped right of way to the north of the lot, thus making it a “corner lot”. Details on the lot,
request, and the ROW were discussed.
Practical Difficulties
The proposed reduction in front setback appears more drastic and impactful than what the
resulting structure will be. Compared to the typical side setback for accessory structures of 5’
the new structure has some additional spacing from the property line, and also preserves the
majority of the backyard for outdoor living space. Therefore, staff believes the variance
requests propose to use the property in a reasonable manner.
May 23, 2022 – 7 pm
City of Golden Valley BZA Regular Meeting
May 25, 2023 – 7 pm
2
The platted but undeveloped right‐of‐way to the north of the property is an oddity that is
fairly unique to a few properties west of June Ave. While practically it is the rear yard, the
undeveloped right‐of‐way is almost entirely the reason why a conforming garage is
impractical here. Staff believe the site does exhibit unique circumstances.
The new garage would only be minimally visible from the public street along Kyle Ave, and
would be over 70 feet from the nearest home in Robbinsdale to the north. Staff believes the
proposed use would not alter the essential character of the area.
Other Considerations
Staff assesses whether the request represents the smallest feasible variance or if there are other
options available:
Moving the garage to meet the setback is possible, but results in the loss of a large amount of
backyard living space and additional hardscape, which staff does not feel are a reasonable tradeoff
given this option.
Recommendations
Based on the factors above, staff recommends approval of the variance request for 27.1 feet off the
required 35 feet to a distance of 7.9 feet for a front yard setback.
Nelson asked if the right of way was vacated and staff confirmed it is not. There are utilities in the
ROW and so it will stay in place. The discussion continued around the overhead power lines but those
regulations will be addressed during permitting. They also discussed the topography and the steep
grade drop behind the home.
Chair Carlson invited the applicant to speak.
Peter Bisila, applicant, thanked staff for the presentation and added the variance is necessary so the
garage can be in a reasonable location. The Board did not have questions for the applicant.
Chair Carlson opened the public hearing 7:11pm.
There were no in person comments.
There were no online/remote comments.
Chair Carlson closed the hearing at 7:13pm.
Nelson said the variance is reasonable, the grading is very unusual and won’t impact the character of the
area. This seems like the only option and she’s inclined to approve. Chair Carlson echoed this statement.
MOTION made by Orenstein, seconded by Nelson to approve the variance request for 27.1 feet off
the required 35 feet to a distance of 7.9 feet for a front yard setback.
Motion carried
2. Address: 7001 Golden Valley Road
Applicant: Anders Melby on behalf of the Golden Valley Country Club
City of Golden Valley BZA Regular Meeting
May 25, 2023 – 7 pm
3
Request: Variance to allow 36 poles, ranging from 35 to 100 feet in height, along the east side of the
driving range.
Jason Zimmerman, Planning Manager, started by discussing the golf course location in the City,
where the range is, and where the poles would be located. Staff gave a background on the property
while adding the proposed plans for the new housing development. The new poles and netting are
needed to protect the adjacent properties, club house, and parking lot. Staff displayed maps and
images for understanding.
Practical Difficulties
As proposed, the new poles and netting would allow the continued use of the driving range,
which is a key component of the golf course operations. Without the netting, balls could be
hit onto the adjacent commercial property, causing damage and impacting public safety. Staff
believes the proposed use is reasonable.
The Golden Valley Country Club operates in an urban area that has developed significantly
subsequent to its establishment. New commercial development on the adjacent property was
not caused by the landowner, but has resulted in a situation that requires additional
protections in order to limit impacts from the driving range. The circumstances of the
landowner’s situation are unique.
Given the long‐standing operations of the golf course, the presence of some existing poles
and netting, and the size of the property and relative distance from most other property
owners, the new poles and netting should not impact the overall feel of the locality.
Therefore, staff believes granting the variance would not alter the essential character.
Other Considerations
Staff assesses whether the request represents the smallest feasible variance or if there are other
options available:
Staff is not aware of any other option beyond closing the driving range operations, which would
threaten the viability of the golf course. The absence of netting, or even lower netting, would not
protect adjacent users and therefore would put other properties at risk.
Recommendations
Based on the factors above, staff recommends approval of the variance to allow driving range poles
and netting to rise to a height of up to 100 feet, with the following condition:
Engineering plans for the poles and netting must be reviewed and approved by the Building
Official prior to permitting and installation.
Orenstein asked the distance from the tee box to the furthest point and staff responded 300 yards.
Commissioner Ruby confirmed that the request was poles and netting only, not lighting. Staff
confirmed and said the lighting will need to meet regulations.
City of Golden Valley BZA Regular Meeting
May 25, 2023 – 7 pm
4
Chair Carlson invited the applicant to speak.
Don Kovacovich, Country Club General Manager, thanked staff for the presentation and noted they
don’t plan on adding lights. Nelson asked why the driving range was changing orientation and the
applicant responded that it was due to the property being sold for the Artessa development as well
as most golfers being right handed and it meeting their orientation needs.
Chair Carlson opened the public hearing 7:21pm.
There were no in person comments.
There were no online/remote comments.
Chair Carlson closed the hearing at 7:23pm.
Nelson noted that this variance was needed for a safety issue, it doesn’t impact the character and
meets the needs.
MOTION made by Commissioner Ruby, seconded by Greiter to approve the variance request to
allow driving range poles and netting to rise to a height of up to 100 feet, with the following
condition:
Engineering plans for the poles and netting must be reviewed and approved by the Building
Official prior to permitting and installation.
Motion carried
3. Address: 425 France Avenue North
Applicant: A.L. Woolhouse on behalf of Sam Hinton
Request: Variance to reduce the front yard setback from 35 feet to 10 feet in order to construct a
detached garage.
Jason Zimmerman, Planning Manager discussed the request, noted its location in the City and
pointed out that this is a corner lot: it has two front yards. The property is also across the street from
Theo Wirth Park and an apartment complex. The request is to have access from the alley, there will
not be a new curb cut. Other homes in the area have variances for the front yard setback regulations
along Woodstock.
Practical Difficulties
As proposed, the new detached garage would be in line with the front plane of the existing
home, though due to the angle of the structure it would in reality be slightly closer to the
street. Access would be provided off the alley, preserving the front yard along Woodstock. A
small one‐stall tuck‐under garage is typically viewed as insufficient to meet modern living and
staff has supported garage expansions in the past. Staff believes the proposed use is
reasonable.
While corner lots present additional challenges for siting structures on the lot, there are
thousands of them across the city and staff does not view this condition in and of itself to be a
unique circumstance. The lot in question has no notable topography and the presence of the
City of Golden Valley BZA Regular Meeting
May 25, 2023 – 7 pm
5
alley behind the lot provides potential garage access all along the west property line. Given the
conditions present, staff believes the landowners’ problem is not due to circumstances unique
to the property.
Initially staff found there were no unique circumstances but upon further investigation noted
other unique circumstances due to topography. The topography of the rear yard, which has
been terraced to create a patio flanked by boulders adjacent to a lawn, creates an impediment
to locating the proposed garage in the southwest corner of the lot. While the patio and shed
could in theory be relocated, extensive earthwork would need to be carried out to achieve this
option, including the removal of a large stump along the alley. Therefore, staff believes there
are unique circumstances associated with the property.
Given the approval of other variances in the area to allow structures to be located closer to the street
than the front yard setback allows for secondary front yards, staff believes the construction of the
garage in the proposed location would not alter the essential character of the locality.
Other Considerations
Staff assesses whether the request represents the smallest feasible variance or if there are other
options available:
While it would necessitate the relocation/removal of an existing shed and impacts to a patio,
constructing the detached garage in the southwest portion of the lot would still provide access
from the alley while avoiding the need for any variances.
The other conforming location would require extensive work to adjust the grade of the yard,
relocate structures, and disrupt landscaping, making this option appear unreasonable.
Recommendations
Based on the factors above, staff recommends approval of the variance to allow an accessory
structure to be located closer to the front setback than the principal structure.
Staff recommends approval for the variance of 14.1 feet off of the required 35 feet to a
distance of 20.9 feet for an accessory structure from the front property line.
Members and staff discussed neighboring variances, the large ROW, the lot’s topography, and the
pervious to impervious comparison.
Chair Carlson invited the applicant to speak. Sam Hinton, the applicants’ son, thanked staff for the
presentation and stated the situation was accurately represented.
Chair Carlson opened the public hearing 7:32pm.
There were no in person comments.
There were no online/remote comments.
Chair Carlson closed the hearing at 7:34pm.
City of Golden Valley BZA Regular Meeting
May 25, 2023 – 7 pm
6
Orenstein stated he agreed with staff that there are circumstances that are not within their control.
Alternate options don’t seem to be very workable. Nelson noted the house is already nonconforming.
MOTION made by Commissioner Ruby, seconded by Orenstein to approve the variance to allow an
accessory structure to be located closer to the front setback than the principal structure.
Motion carried
MOTION made by Commissioner Ruby, seconded by Orenstein to approve the variance of 14.1 feet
off of the required 35 feet to a distance of 20.9 feet for an accessory structure from the front
property line.
Motion carried
4. Address: 1840 Major Drive
Applicant: Jessica Roe
Request: Variance from the shoreland setback requirement to add a new staircase to an existing
deck within the setback, 50.9 ft. at its closest point.
Myles Campbell, Planner, introduced the request, noted its location in the City and along Sweeny
Lake. Campbell added that the home was built before state or city shoreland management
requirements existed. Additionally, the existing deck and porch off the rear of the home were
approved via variance in 1992. The deck was later expanded slightly without approval by previous
owner.
The proposal is to replace existing stairs to the backyard with decking, add new stairs, and the
revision would allow for a grill and family seating. New stairs would fall within the shoreland setback
but not bring the existing deck closer to the lake, setback of 50.9’ compared to the required 75’
shoreland setback. Existing paved area at base of stairs today would be removed, and new stair
landing would mostly fall outside the setback (reducing impervious surface overall by 63 sq.ft).
Staff noted that the Environmental Staff reviewed the plans and visited the site to discuss the
shoreland with the applicant. They have recommended some options for conditions on the approval
of the variance that would mitigate its physical/visual impact on the shoreland
Removal of existing shed or acquiring a conditional use permit
Landscaping plan for backyard to reintroduce native plants and screen view of the deck from
Sweeney Lake
Practical Difficulties
The proposed deck replacement does not expand its existing footprint any closer to the lake
and attempts to minimize the overall impact (visually and in terms of soil disturbance) on the
shoreland. Therefore, staff believes the variance requests propose to use the property in a
reasonable manner.
While many homes throughout Golden Valley have a portion of their lot that is subject to a
shoreland setback, it is uncommon for entire portions of the structure to have been built
City of Golden Valley BZA Regular Meeting
May 25, 2023 – 7 pm
7
within the shoreland setback. The shoreland setback restricts most of the rear yard and the
home is also built at the 35’ front setback as well. Staff believe the site does exhibit unique
circumstances.
The revised deck would appear largely as it does today, with the exception that there no
longer would be stair access facing towards the lake. Given the relatively minor change
compared to what exists now, staff believes the proposed use would not alter the essential
character of the area.
Other Considerations
Staff assesses whether the request represents the smallest feasible variance or if there are other
options available:
Without a variance, the applicant would be able to rebuild the deck but only to its original
footprint approved in 1992
A variance for the deck as it stands today would eliminate 36 sq.ft. of stairs being added
Recommendations
Based on the factors above, staff recommends approval of the variance request for a waiver from
the shoreland setback requirement to replace the existing deck and add new stairs, resulting in a
setback of 50.9 ft. at its closest point to the ordinary high‐water level.
Staff recommends this approval be conditioned on either the removal of the existing
boathouse/shed in the rear yard or application for a conditional use permit for the structure.
Optionally, the approval could be conditioned on provision of a landscaping plan to further
improve the shoreland and to screen the deck from the lake.
Members and staff discussed the idea of a Conditional Use Permit and its process. They also
reviewed the shed/boathouse, deck area, shoreland area, and the process for approving a variance
to bring a previously illegally nonconforming structure into conformity.
Chair Carlson invited the applicant to speak.
Jessica Roe, applicant, stated that she learned about the illegal aspect of the stairs when in a
conversation with Planning staff. She added that parts of the home were built on top of the deck
which causes a lot of difficulty when replacing the deck as they need to go to greater lengths to
ensure the home is stabilized. She added that she hasn’t applied for a CUP for the boathouse yet but
has already started the process for restoring the shoreline and is working with Environmental staff.
Commissioner Ruby thanked the homeowner for her commitment and asked about her maintenance
plan. The applicant noted the company she called has a 5 year follow up plan to assist in
maintenance.
Chair Carlson opened the public hearing 8:04pm.
There were no in person comments.
City of Golden Valley BZA Regular Meeting
May 25, 2023 – 7 pm
8
There were no online/remote comments.
Chair Carlson closed the hearing at 8:06pm.
Commissioner Ruby noted the applicant seems willing to do the restoration project and asked if they still
need to have a CUP for the boathouse. Staff responded that the shoreline issue is resolving itself already
and may not need to be added as a condition. The conversation continued around both conditions, the
deck, the boathouse, and the benefit of bringing everything into compliance.
MOTION made by Commissioner Ruby, seconded by Carlson to approve the variance request for a
waiver from the shoreland setback requirement to replace the existing deck and add new stairs,
resulting in a setback of 50.9 ft. at its closest point to the ordinary high‐water level with the following
two conditions:
The applicant either remove of existing boathouse/shed in the rear yard or application for a
conditional use permit for the structure.
The applicant agrees to implement a landscaping plan to further improve the shoreland and
to screen the deck from the lake.
Motion carried
5. Council Updates
Council Member Rosenquist welcomed new member Elizabeth to the team and announced that
Planning Commissioner Sophia Ginis was moved up to City Council to fulfill CM Sandburg’s term.
Council will swear her in on June 6, 2023. Rosenquist noted that a few seats are open on Planning
Commission and asked everyone to share the word and encourage folks to join.
6. Election of Officers
Chair Carlson was voted in for his second year as Chair.
Member Nelson was voted in for her second year as Vice‐Chair.
7. Adjournment
MOTION made by Orenstein, seconded by Chair Carlson and the motion carried unanimously to
adjourn the meeting at 8:31 pm.
Motion carried.
________________________________
Chris Carlson, Chair
_________________________________
Amie Kolesar, Planning Assistant