bza-agenda-nov-28-2023
REGULAR MEETING AGENDA
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1. Call to Order & Land Acknowledgement
2. Approval of Agenda
3. Address: 208 Meander Road
Applicant: Greater Metropolitan Housing Corporation (GMHC)
Request: § 113-88, Single-Family Residential (R-1) Zoning District, Subd. (e)(1)(a) Principal Structure
Front Setback: 6.1 feet off the required 35 feet to a total distance of 28.9 feet from the front
property line for a new home.
4. Council Updates
5. Adjournment
November 28, 2023 – 7 pm
City Council Chambers
Hybrid Meeting
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Date: November 28, 2023
To: Golden Valley Board of Zoning Appeals
From: Myles Campbell, Planner
Subject: 208 Meander Road
Greater Metropolitan Housing Corporation (GMHC), Applicant
Introduction
GMHC, the applicant, is seeking a variance from the City Code to construct a new home within
the front yard setback. The applicant is seeking the following:
Original Variance Request City Code Requirement
The applicant is
requesting a variance of
6.1’ off the required 35’ to
a total distance of 28.9’
from the front property
line for a new home.
§ 113-88, Single-Family Residential (R-1) Zoning District, Subd. (e)(1)(a)
Principal Structure Front Setback
Front Setback. The required minimum front setback shall be 35 feet from
any front lot line along a street right-of-way line. Decks and open front
porches, with no screens, may be built to within 30 feet of a front lot line
along a street right-of-way line. This requirement shall not reduce the
building envelope on any corner lot to less than 27 feet in width.
Background
208 Meander Road is an undeveloped parcel of land, originally
platted for development as a single-family home in 1939 as part
of the Tralee addition. The City acquired the property through
tax forfeiture in 1973, and since then it has been zoned for
open space. In the summer of 2023, The Planning Commission
and City Council held public hearings on the topic of rezoning
the property to allow for a single-family home, as part of the
larger Home Ownership Program for Equity (HOPE).
208 Meander is a 13,604 sq.ft. Bounded by Meander Road to the
west, single-family homes to the north and south and railroad ROW
to the east. The lot is of an irregular shape with a curved front lot
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line that follows the curve of Meander Road. Topography is relatively flat across the lot, and the
bulk of the north portion is wooded with a mix of deciduous trees.
The applicant, Greater Metropolitan Housing Corporation (GMHC) was selected as a development
partner through a Request for Qualifications to build a new home. They are seeking a variance to
reduce the required front setback to have a building footprint that includes an attached garage.
This request was originally heard at the October Board of Zoning Appeals meeting, at which time
the Board requested that the applicant provide alternate building footprints and for staff to consult
with the City Forester on the mature trees closest to the home.
City Forester Comments
The City Forester had an opportunity both to review revised alternatives submitted by the applicant
as well as to walk the site. He noted that the three closest trees to the building would be a willow
tree to the rear of the home (labeled a 48” locust on the original plan), as well as a 15” walnut and
18” oak, both to the west. The willow and oak would be considered “significant” trees under the
City’s tree and landscaping ordinance, and therefore require replacement if removed.
In terms of minimum recommended spacing from the critical root zone, the Forester recommended
that the home and any construction activity be located 15 feet from the walnut tree, and 18 feet
from the oak. The willow in his estimation will be more challenging to save due to it leaning towards
the future location of the home, and in it being a softwood tree species that tends to suffer from
woodrot in its trunk. As will be discussed below, the two alternatives with a reduction in the rear
setback would leave 15 feet to the walnut, but the original request would be just shy of that at 14.4
feet.
Summary of Requests
The applicant has provided 3 options for the building footprint:
• The original location with a 6.1’ reduction in front setback
• A reduction in the rear setback of 6.5’ and shifting the original design back on the lot to
meet the front setback
• A reduction in the rear setback of 7.7, but angling the structure so less of the footprint
falls within the rear setback itself
In staff’s view, each of these options meets the intent of code and the Comprehensive Plan
goals highlighted at the previous meeting, but each does have pros and cons associated with it.
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Option A
Pros
- Maintains ~50 feet of distance to the back of curb
- Preserves some backyard space before lot begins
to drop in topography
Cons
- Still closest to the ROW of the options
- Less than 15’ to the walnut tree
- Does not guarantee the willow would not be
impacted even with the full rear setback
Option B
Pros
- Full tree protection for oak and walnut trees
- Further back from ROW in response to neighbor
and BZA concerns
Cons
- Of the three options, this puts the largest sq.ft. of
the building footprint outside of setbacks
- Less backyard space to the rear of the home
Option C
Pros
- Full tree protection for oak and walnut trees
- Further back from ROW in response to neighbor
and BZA concerns
Cons
- Of the two rear yard options, this results in the
shortest setback at its closest point (overall less of
the building however)
- Less backyard space to the rear of the home
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Analysis
For a full analysis on the request, see the attached copy of the October BZA Memo, as the
circumstances regarding the property are largely unchanged with the two new proposals.
• The home design remains the same and of a reasonable scale with the
neighborhood
• The offset ROW taking up 20-25’ of the front yard creates challenges with building,
and mature trees to the north side of the property are maintained by the plan
• In all cases, while a change from the vacant parcel today, staff does not think a
single-family home would be out of place in this neighborhood
Recommendations
Given the information on critical root zones for the mature oak and walnut trees, Staff
recommends approval of a variance for either Option B or C, which preserve a 15’ buffer
around those trees.
Option B: A variance of 6.5’ off the required 25’ to a total distance of 18.5’ from the rear
property line for a new home.
Option C: A variance of 7.7’ off the required 25’ to a total distance of 17.3’ from the rear
property line for a new home.
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?
Detached garage
1
Date: October 24, 2023
To: Golden Valley Board of Zoning Appeals
From: Myles Campbell, Planner
Subject: 208 Meander Road
Greater Metropolitan Housing Corporation (GMHC), Applicant
Introduction
GMHC, the applicant, is seeking a variance from the City Code to allow an addition to the rear
of their home. The applicants are seeking the following variance from City Code:
Variance Request City Code Requirement
The applicant is
requesting a variance
of 6.1’ off the
required 35’ to a
total distance of
28.9’ from the front
property line for a
new home.
§ 113‐88, Single‐Family Residential (R‐1) Zoning District, Subd. (e)(1)(a) Principal
Structure Front Setback
Front Setback. The required minimum front setback shall be 35 feet from any
front lot line along a street right‐of‐way line. Decks and open front porches,
with no screens, may be built to within 30 feet of a front lot line along a street
right‐of‐way line. This requirement shall not reduce the building envelope on
any corner lot to less than 27 feet in width.
Background
208 Meander Road is an undeveloped parcel of land, originally
platted for development as a single‐family home in 1939 as
part of the Tralee addition. The City acquired the property
through tax forfeiture in 1973, and since then it has been
zoned for open space. In the summer of 2023, The Planning
Commission and City Council held public hearings on the topic
of rezoning the property to allow for a single‐family home, as
part of the larger Home Ownership Program for Equity (HOPE).
208 Meander is a 13,604 sq.ft. Bounded by Meander Road to
the west, single‐family homes to the north and south and
railroad ROW to the east. The lot is of an irregular shape with a
curved front lot line that follows the curve of Meander Road.
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Topography is relatively flat across the lot, and the bulk of the north portion is wooded with a mix of
deciduous trees.
The applicant, Greater Metropolitan Housing Corporation (GMHC) was selected as a development
partner through a Request for Qualifications to build a new home. They are seeking a variance to
reduce the required front setback to have a building footprint that includes an attached garage.
Summary of Requests
Chapter 113‐88 of zoning code handles the Single‐Family Residential zoning district. Under
Subd. (e)(1)(a) Principal Structure Front Setback the required setback from the front property
line is established as 35 feet, or 30 feet for an open porch or deck. At the public hearings for
rezoning the property, the need for a potential variance was discussed at length. Staff at the
time noted that the lot’s shape and large amount of ROW along Meander Rd would support a
possible front setback variance. That said an alternative raised was to have a detached garage
further north on the lot and using the deeper southern portion of the property for the home
footprint.
GMHC has submitted a plan for a single‐family home with an attached garage, which would be
28.9’ at its closest point to the front property line. As noted above, the ROW along Meander is
offset, putting the closest point slightly over 50’ back from the curb.
35’ Setback
28.9’ Setback
Property Line
Curb
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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 and
the Single‐Family Zoning District chapter, in that it does not change the intent of the lot to serve
as a single residential property.
Staff also finds the request reasonable in light of the 2040 Comprehensive Plan, which has
among its goals,
Support the production of new, high‐quality, affordable housing in the City
Support long‐term affordability of single‐family homes through home ownership
programs and the community land trust model
In order to constitute practical difficulties:
1. The property owner must propose to use the property in a reasonable manner.
The reduction in front setback allows for an attached garage for the home, and the
reduction still leaves over 50’ to the curb from the home at its closest point. Staff does
find this request reasonable.
2. The landowners’ problem must be due to circumstances unique to the property that is
not caused by the landowner.
The lot has an irregular shape that leaves a narrow building footprint, and an offset
ROW further eats into the lot’s front yard. In addition, while a detached garage north of
the home is a potential option, it would likely require the removal of a number of
existing mature trees. Staff believes the site exhibits unique circumstances.
3. And the variance, if granted, must not alter the essential character of the locality.
Multiple homes along Meander, Cutacross Rd and Paisley Ln have reduced front
setbacks of less than 30 feet. 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.
Alternatives to the proposed variance would be either to reduce the overall building
footprint, or to pursue a detached garage to the north of the home (detached accessory
structures having less significant sed/rear setbacks)
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Recommendations
Staff recommends approval of a variance of 6.1’ off the required 35’ to a total distance of 28.9’
from the front property line for a home.
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?
Detached garage