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03 26 24 BZA Packet 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 2467 185 8024. 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, enter meeting code 2467 185 8024, and password 1234. Press *3 to raise your hand during public comment sections. 1. Call to Order & Land Acknowledgement 2. Approval of Agenda 3. Approval of Minutes December 28, 2023 Minutes – continue to next meeting 4. Staff Introduction Darren Groth, Assistant Community Development Director 5. Address: 1860 Major Drive Applicant: Donald and Katherine Carmen Request: Waiver from Section 113-149 (Shoreland Management), Subd. (e)(1) (structure setback from ordinary high water). Request for a variance to allow a 29.3-foot setback from the ordinary high water line of Sweeney Lake where 75 feet is required for a 14’ x 21’ deck and related stairs. 6. Council Updates 7. Adjournment March 26, 2024 – 7 pm City Council Chambers Hybrid Meeting 1 Date: March 26, 2024 To: Golden Valley Board of Zoning Appeals From: Kendra Lindahl, AICP Consulting City Planner Subject: 1860 Major Drive Donald and Katherine Carmen, Applicant Introduction Donald and Katherine Carmen, the property owners, are seeking a variance from the City Code to replace the deck on their existing home with a larger deck. The deck depth is proposed to be increased from 8 feet to 14 feet. This would result in a shoreland setback of 29.3 feet from the ordinary high water level (OHWL) of Sweeney Lake (a recreational development water) where 75 feet is required. The applicant is seeking the following: Variance Request City Code Requirement The applicant is requesting a variance of 45.7 ft. off of the required 75 ft. to a distance of 29.3 ft. at its closest point to ordinary water line of Sweeney lake (east property line). § 113-149, Shoreland Management, Subd. (e)(1) zoning provisions Standards. The following standards shall apply to all shorelands of the protected standard waters listed in this section. Where the requirements of the underlying zoning district as set forth in the zoning provisions are more restrictive than those set forth herein, then the more restrictive standards shall apply: Natural Environment Waters Recreational Development Waters General Development Waters Water frontage and lot width at building line (ft.) 125 80 80 Structure setback from ordinary high water (ft.) 150 75 50 2 Background 1860 Major is a developed lot and the home was originally built in 1968. The lot is 12,816 sq. ft. and 117.76 feet wide at the street and wide at the front property line and approximately 95 ft. at the lake OHWL. It is zoned R-1, single-family residential. The home and existing deck are legal, non-conformities as they do not currently comply with the 75-foot setback from the lake. The majority of the structure is within this required setback. The applicant would like to remove the existing deck and replace it with a larger deck that encroaches six feet closer to the lake. The addition of the larger deck would increase the impervious surface from 33.28% to 33.63% according the survey provided by the applicant. However, there is an error in the impervious calculation showing the 14 x 21 deck as 334 sq. ft when the actual hardcover for a deck of that size would be 294 sq. ft. Summary of Request The applicant is requesting a shoreland variance to make the existing deck more functional. § 113-89 establishes the shoreland management standards. The applicant’s plan does not comply with the shoreland standards. They are requesting approval of a variance subject to the standards in §113-27 of the City Code. Staff notes that §113-26 of the City Code allows the applicant to replace the existing non-conforming deck provided it is not expanded. If the variance is not approved, the applicant could replace the existing deck with a new deck of the same size in the same location as the existing deck. Staff did provide notice of the request to the MnDNR and they responded that they had no comment on the variance request. Analysis In reviewing this application, staff has reviewed the request against the standards in §113-27(c) of the Code, which provides the variance standards in compliance with Minnesota State Statute §462.357. The burden of proof is on the applicant to show that the request is in harmony with the general purposes and intent of this chapter and consistent with the Comprehensive Plan. A variance may only be granted when the petitioner for the variance establishes that there are practical difficulties in complying with this chapter. The term "practical difficulties," as used in 3 connection with the granting of a variance, means the applicant shows compliance with the following: 1. The property owner must propose to use the property in a reasonable manner. The applicant states that the lot has no usable outdoor space for entertaining on the lakeside of the home and that this larger deck is similar to neighboring properties. Staff agrees that most of the homes on Sweeney Lake appear to encroach into the required shoreland setback and are a similar setback, but we were not able to identify any variances for decks or structures this close to the lake. The proposed deck would encroach closer to the lake than the two immediately adjacent lots according to the survey provided by the applicant. The Board could find that the existing 8-foot x 30-foot deck allows reasonable use of the shoreland property and that the variance is not needed to allow reasonable use of the property. Alternatively, the Board could find that the proposal for a 14-foot x 21-foot deck as shown on the site plan is a reasonable use of the property. (Staff notes that the narrative asks for a 14x22 deck. We have reviewed the request based on the survey drawing.) 2. The landowners’ problem must be due to circumstances unique to the property that is not caused by the landowner. This is an existing home that was built prior to adoption of the shoreland ordinance. Most of the existing home is in the shoreland setback and any improvements to expand the existing structure would require a variance. The size of the lot places most of the lot in the shoreland district and the applicant’s options for expansion are limited. Staff finds there are unique circumstances. 3. And the variance, if granted, must not alter the essential character of the locality Along Major Drive are more than a few homes with shoreland setbacks less than the 75 feet required by code. These insufficient setbacks largely stem from the fact that the homes were built mostly prior to adoption of the shoreland standards. Staff finds that variance if granted would not alter the essential character. As noted earlier, the applicant does have the option to retain the existing deck or replace the deck in the same size and location by right. 4 If the Board finds that the variance standards are met, staff recommends that Board also consider some conditions that could mitigate the effect of the reduced setback. Some conditions for consideration could include the following: • Require the applicant to plant trees and shrubs between the home and lake to screen the structure as viewed from the lake. • Require the applicant to redirect gutters and downspouts on the front portions of the house/roof to drain away from the lake and toward street where it would flow to the City’s stormwater treatment structure before discharge to the lake. • Require removal of some of the landscape rock and plastic (if there is plastic present below, as plastic is considered impervious) in the shoreland area and convert it to natural vegetation (pervious). • Require removal of other hardscape/impervious surfaces and install a native/natural vegetation buffer along the shoreline a minimum of 15 feet wide (except for the allowable access corridor to the lake). • Require planting of shrubs and perennials in the existing rock gardens in the shoreland area such that stormwater is intercepted, slowed, and taken up by the plants. If the variance is granted, staff suggests the following conditions be included in the approvals: 1. The applicant must update the survey to ensure that the impervious surface calculations accurately reflect the 14x21 deck. 2. The applicant must verify whether or not there is plastic under the landscape rock. Staff checked the file and there are no site permits on file for landscaping or shoreline improvements. 3. The applicant must remove some of the existing landscape rock and plastic (if there is plastic present below, as plastic is considered impervious) in the shoreland area and convert it to natural vegetation (pervious). 4. The applicant shall add shrubs and perennials in the existing rocks gardens to help intercept and slow stormwater run off and allow it to be absorbed by the plants. 5. Work with City staff to finalize the plan for shoreland improvements and potential securities to ensure completion of the work. Recommendations The Board should review the applicant’s request and the three findings needed to grant a variance. The Board has two options: 1. Move to deny the variance request for a setback of 29.3 feet from the ordinary high water level (OHWL) of Sweeney Lake (a recreational development water) where 75 feet is required, based on the finding that the variance standards have been met. 5 OR 2. Move to approve the variance request for a setback of 29.3 feet from the ordinary high water level (OHWL) of Sweeney Lake (a recreational development water) where 75 feet is required, based on the finding that the variance standards have been met and subject to the five conditions identified in the staff report to mitigate the impact of the variance. Points of Consideration for “Practical Difficulty” Test Met Not Met Property proposed to be used in a reasonable manner Problem due to circumstances unique to the property and not caused by the landowner If granted, would not alter the essential character of the locality Are other reasonable options available? Yes, see notes above on alternatives Attachments: a. Location map b. Applicant’s variance findings narrative c. Applicant’s site survey dated March 5, 2024 d. Applicant’s building plans dated January 2, 2024 e. MNDNR email dated March 5, 2024 BCWMC Mode le d1% C hanceInundation BC WMCJurisdiction City Jurisdictio n Sh orelan dOverlay Zo ningDistrict FEMA FloodInsurance Ra teMap 1% C hance(1 00-yr)Floo dpla in 0.2 % Ch ance(5 00-yr)Floo dpla inMarch 12, 2024 1 inch = 376 feet I 828.2829.1827.1827.0827.1827.26-6" twin828.7tnh845.23tcc839.84tcc840.26840.3840.2tcc840.00tcc840.30840.4840.6840.07840.5us b840.5us1 b840.8us840.9us1841.1Manholerim=840.97tcc841.00tcc841.23840.52SSanitary Manholerim=841.90San841.0841.224"842.0841.6841.8841.8841.7840.9841.2841.6841.8841.8841.8841.0841.2841.7841.7841.1841.1840.7840.8840.9840.7835.6EElec.Meter841.0842.18 4 2 . 2842.1842.1841.64" Cedar/PCluster842.024"842.8842.1842.2842.1840.7839.8839.6839.0839.2840.2839.8833.9843.5844.1841.9842.1CcpedTtped 837.2838.0837.6840.3840.3838.3839.2839.0838.9837.183 7 . 1 6" 18835.46" 18835.04" 16834.94-6-8" 16834.8835.1835.9834.530"834.5833.8834.1834.0833.9833.8833.7833.7833.6834.0834.3834.1834.2834.3834.1833.9833.9833.6833.2833.0833.0833.5833.8LightPole836.2828.5827.0828.7827.0827.1829.0828.4827.1827.0828.6828.8827.1829.1833.0831.8831.7831.4831.4831.0830.9830.8832.5834.0833.9833.810-10" 18834.5833.5834.0834.0834.2A/C834.4834.137.25.01.96.072 . 9 35.914 . 8 35.232.714.9N 64°55'24" W 262.68S 89°25'24" E 34.00S 2 1 ° 0 3 ' 1 4 " W 8 9 . 2 536.31 7 . 1 S 53°46'29" E 216.88101014.4S 1 7 ° 3 3 ' 2 6 " W 9 8 . 7 7 S u r v e y - l i n e Existing HardcoverLot Area Aboveshoreline12,816 sq ftHouse2,634 sq ftDeck270 sq ftConc. Aprons43 sq ftConcrete patio158 sq ftConc. walk/porch386 sq ftBrick Walls37 sq ftDriveway737 sq ftTotal4,265 sq ftPercentage33.28%D e c k 21 ' 0 "14'0"10 ' 0 "4'0"St a i r s Proposed HardcoverLot Area Aboveshoreline12,816 sq ftHouse2,634 sq ftProposed Deck334 sq ftConc. Patio139 sq ftConc. Aprons43 sq ftConc. walk/porch386 sq ftBrick Walls37 sq ftDriveway737 sq ftTotal4,310 sq ftPercentage33.63%P r o p o s e d 842844 840 838 8368 3 4 832 8 2 8 83 2 83 4 834 83684084029.3CatchBasinResidence20 . 7 22.33. 0 14.925 . 7 8.95. 7 7.9 7 . 9 8. 6 C o n c r e t e P a t i o Conc.ApronConc.padB i t u m i n o u sD r i v e w a yD e c kResidenceResidenceS h e dtw836.4bw833.4Major Drive Sweeney LakeS h o r e l i n eLake Elev. = 927.3 on 12/09/23ResidenceL a n d s c a p e Roc k L a n d s c a p i n gRock LandscapingD e c k FireplaceC u r b P o r c h No. 1860L o w e r l e v e l g a r a g e d o o r tim b e r l a n d s c a p e e d g i n g bri c k w a l l ( t y p i c a l )Sweeney Lake in Flood zone A per FEMA map27053C0352F effective date 11/04/2016100-year flood elevation per Bassett CreekWatershed is 831.64 feet (NVGD 29)Chain Link fenceChain Link fence on wallChain link fenceL=117.76R=543.72=12°24'34" Dr a i n a g e & Uti l i t y Ea s e m e n t R o c k La n d s c a p i n g Limits of flood zone A per scanned flood mapL=90.00R=543.73=09°29'03"OHW = 827.7 (NGVD 29) per DNRBenchmarkNOTE: The only easements shown are from plats ofrecord or information provided by client.Drawn BySignedGregory R. Prasch, Minn. Reg. No. 24992Scale: 1" = 20'F.B.No.Project No.I certify that this survey, plan, or report was prepared by me or under mydirect supervision and that I am a duly Licensed Land Surveyor underthe laws of the State of MinnesotarevAddress:Legal Description7601 73rd Avenue NorthMinneapolis, Minnesota 55428(763) 560-3093DemarcInc.com90569-Site Plan Survey For:1860 Major DriveGolden Valley, MNPrepared this 12th day of January 2024. KATHY CARMAN Lot 6, Block 3, HEATHBROOKEHennepin County, MinnesotaProperty located in Section18, Township 29, Range 24,Hennepin County, MinnesotaF:\survey\heathbrooke - hennepin\6-3 heathbrooke\01 Surveying -90569\01 CAD\01 Source\01 Survey Base.dwgBasis forbearings isassumedSurveyors Certificate000.0x000.0Denotes Wood Hub Set for excavation onlyDenotes Existing ElevationDenotes Proposed ElevationDenotes Surface DrainageDenotes Iron MonumentDenotes Found Iron MonumentDenotes Proposed ContoursDenotes Existing ContoursProperty Zoned: Single Family Residential (R-1) Zoning DistrictSetbacks:Front - 35 feetSide - 15 feetRear - 25 feetBenchmark Elevation = 845.23 ( NGVD 29)03/05/24 city commentsTop Nut of Hydrant, located at the corner ofLots 15 & 16, Block 2 of Heathbrooke This message may be from an external email source. Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center. From:Saunders-Pearce, Wes (DNR) To:Kendra Lindahl, AICP Cc:Amie Kolesar; Alma Flores Subject:RE: Variance at 1860 Major Date:Tuesday, March 5, 2024 11:02:54 AM Attachments:image003.png image007.png image009.png image011.png image013.png image015.png Thanks Kendra. I have no questions or comments. Wes Saunders-Pearce, CFM North Metro Area Hydrologist | Ecological and Water Resources Anoka & Hennepin Counties Minnesota Department of Natural Resources 1200 Warner Road Saint Paul, MN 55106 Phone: 651-259-5822 From: Kendra Lindahl, AICP <KLindahl@landform.net> Sent: Friday, February 16, 2024 10:03 AM To: Saunders-Pearce, Wes (DNR) <Wes.Saunders-Pearce@state.mn.us> Cc: Amie Kolesar <AKolesar@goldenvalleymn.gov>; Alma Flores <AFlores@goldenvalleymn.gov> Subject: Variance at 1860 Major Wes, I am the consulting planner for the City of Golden Valley. The City has received an application for a shoreland setback variance at 1860 Major. The item is scheduled for consideration at the March 26th Board of Zoning Appeals. Please provide any written comments by March 13th so that they may be incorporated into the packet. If you have any questions, please contact me at 612.638.0225. Kendra Lindahl, AICP LANDFORM, Principal Planner Direct: 612-638-0225 NOTICE: All drawings, specifications, instruments of service, and other documents, data, or information of any kind, including all electronic files and data ("Documents")attached to or "linked" from this E-mail are protected by copyright pursuant to U.S. and international copyright laws. Your use of the Documents is controlled andrestricted by the terms of use. By downloading the attached files or by accessing the links contained in this E-mail message, you are agreeing to the terms of use.COPYRIGHT © 1994-2020 LANDFORM. ALL RIGHTS RESERVED. 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