bza-minutes-jul-26-22
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 and the land acknowledgement was read by Chair Carlson.
Roll Call
Members present: Chris Carlson, Nancy Nelson, Richard Orenstein, Lauren Pockl – Planning
Commissioner
Members absent: Kade Arms‐Regenold
Staff present: Max Gort – Planning Intern, Jason Zimmerman – Planning Manager
Approval of Agenda
MOTION made by Nelson, seconded by Orenstein to approve the agenda of July 26, 2022, as submitted.
Motion carried
Approval of Minutes
MOTION made by Nelson, seconded by Orenstein to approve the June 28, 2022 meeting minutes.
Motion carried with Commissioner Pockl abstaining.
1. 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
Max Gort, Planning Intern, reviewed the request, the property, lot regulations for a corner lot. While
the home is set in a way that meets setback requirements, a current deck is 2 feet off the property
line. Proposed re‐construction with a rectangular deck aligned with the wall off the house, gives
owners more surface area while reducing encroachment to 5.2 ft.
Practical Difficulties
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 in question
functions as the lot’s rear/backyard and the deck would be used for outdoor living/recreation.
Staff finds this request reasonable.
July 26, 2022 – 7 pm
City of Golden Valley BZA Regular Meeting
July 26, 2022 – 7 pm
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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.
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.
Other Considerations
Staff assesses whether the request represents the smallest feasible variance or if there are other
options available:
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, which may require a variance, lesser, of its own.
The deck width could be further reduced to minimize the setback encroachment
Recommendations
Based on the factors above, 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.
Chair Carlson invited the applicant to speak.
Applicant reiterated many things staff said and thanked Board for their consideration.
Chair Carlson opened the open forum and invited in person commenters.
Mary and Tom Ruff
36 Western Terrace
Neighbors of the proposed variance and spoke in support of it.
There were no callers.
Chair Carlson closed the open forum.
Chair Carlson opened the Board Discussion.
Members discussed the application and reviewed staff findings. Members agreed that the request
met the necessary findings.
A MOTION was made by Nelson and seconded by Commissioner Pockl to approve the request for
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. Motion carried.
City of Golden Valley BZA Regular Meeting
July 26, 2022 – 7 pm
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2. 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
Jason Zimmerman, Planning Manager, reviewed the request, location of the lot in Golden Valley,
and gave a background on the property.
Practical Difficulties
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
in to 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.
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.
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.
Other Considerations
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.
Recommendation
Based on the factors above, staff recommends denial of a variance to waive the building
envelope requirements from the side yard setback for a portion of the new structure.
Members and staff clarified the building envelope and how much of the structure would be outside
of it.
City of Golden Valley BZA Regular Meeting
July 26, 2022 – 7 pm
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Chair Carlson invited the applicant to speak.
Greg Kunze, builder, spoke on behalf of the applicant and indicated the way height is measured for a
lot with a partial walkout made it difficult to construct the addition and stay under the envelope. He
added that he had to go to the setback line to get the layout the homeowners wanted and the lot
slopes up to the back yard thus requiring a higher pitched roof.
Staff inquired about removal of ribbon windows to reduce height. The applicant responded that
aside from the homeowners wanting natural light, but not skylights, that removal of the windows
would only reduce height by 8 inches.
Aaron Johnson, homeowner, added that the surrounding cities would approve this variance and thus
it should be so in Golden Valley. He stated the added space is to accommodate his family and their
neighbors are in favor of the variance.
Chair Carlson opened the open forum.
There were no in person commenters.
There were no callers.
Chair Carlson closed the open forum.
Chair Carlson opened the Board Discussion.
Members discussed the size of the addition and that it was out of scale with the existing home. They
discussed potentially accepting a reduced variance and it was recommended to table the item and
allow the applicant to return with an amended plan.
The applicant responded that the request was unfair but acquiesced.
A MOTION was made by Nelson and seconded by Orenstein to table the item to the August 2022
BZA meeting.
Motion carried
3. Adjournment
MOTION made by Orenstein, seconded by Commissioner Pockl and the motion carried unanimously to
adjourn the meeting at 8:10 pm.
Motion carried.
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Chris Carlson, Chair
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Amie Kolesar, Planning Assistant