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BZA_ Meeting Minutes - 03-26-2024 CITY OF GOLDEN VALLEY BOARD OF ZONING APPEALS MEETING MINUTES Tuesday, March 26, 2024 – 7 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 1. CALL TO ORDER AND LAND ACKNOWLEDGEMENT: Chair Nelson called the meeting to order at 7:06 p.m. and read the Land Acknowledgement. a. Regular Members Present: Nelson, Orenstein, Parkes, Corrado, and Commissioner Segelbaum b. Regular Members Absent: None c. Student Member, Status: Vacant d. Staff Members Present: Darren Groth, Assistant Community Development Director Kendra Lindahl, City Planning Consultant e. Council Liaison Present: Council Member Denise La Mere-Anderson 2. APPROVAL OF AGENDA: Orenstein motioned to approve. Parkes seconded. Board voted 5-0 to approve, as presented. 3. APPROVAL OF MINUTES: Minutes from 12/28/2023 continued to next meeting. 4. STAFF INTRODUCTION(S): Groth introduced himself to the Board. 5. REQUEST: a. Applicant(s) Donald and Katherine Carmer request a variance from Section 113-149 (Shoreland Management), Subd. (e)(1) (structure setback from ordinary high water) for the property located at 1860 Major Drive. b. Variance request would 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. c. Lindahl presented the request to the board. She mentioned that the subject site contains an existing legal, non-conforming structure that can be maintained. Shoreland is regulated, and based of MNDNR, DNR had no comment. Burden of proof rests on applicant to show all standards are met. d. Lindahl presented the following two options to the Board. i. Move to deny the variance for a 29-.3’ setback where 75’ is required from Sweeney Lake based on the finding that the variance standards have not been met. ii. Move to approve the variance for a 29-.3’ setback where 75’ is required from Sweeney Lake, based on the finding that the variance standards have been met and subject to the five conditions in their staff report. e. The board asked for details regarding the five conditions that must be met to approve. Lindahl referenced the conditions found on page 4 of the staff report. f. The board asked for details regarding specifics of replacing foliage/vegetation. Lindahl mentioned that no specific number or percentage is given. CITY OF GOLDEN VALLEY BOARD OF ZONING APPEALS MEETING MINUTES Tuesday, March 26, 2024-7 p.m. I City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 g.Applicant(s) called to the lectern to speak on the request. The applicant representative expressed the lack of use in current deck and lack of ability to use land based on topography, mentioned that the change would be consistent to neighboring houses deck and functional, and answered questions regarding the height and impact to sightline. h.Chair Nelson opened the Public Hearing at 7:46 p.m. i.The board asked if all letters received by the City are included in the public comment record. Lindahl confirmed. j.Chair Nelson closed the Public Hearing at 7:49 p.m. k.The board discussed concern in creating this legal non-compliant structure further deviant to regulation. Comment of efficient use of land based on changes given the limitations of property. l.Segelbaum moved to approve applicant variance request as stated 45. 7' off the required 75' to a distance of 29.3' closest point to the ordinary water line of Sweeney Lake. However, suggest adopting the findings in Lindahl's Staff Report memo in favor, make subject to five conditions in memo not including or excluding any thing in bullet points. m.Parkes seconded. n.The board voted unanimously to approve the variance. 6.COUNCIL UPDATES: a.Council Member La Mere-Anderson provided an update of recent City Council discussions. She mentioned that Noah Schuchman was introduced as the Interim City Manager, shared that Chief Green presented the 2023 Police annual report during the City Council meeting, gave an update on the Community Service Officer program and its expected growth, and provided further details regarding the construction of a new build for the HOPE initiative. 7.ADJOURNMENT:Chair Nelson adjourned the meeting at 8:11 p.m.