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BZA_ Meeting Minutes - 05-28-2024 CITY OF GOLDEN VALLEY BZA MEETING MINUTES Tuesday, May 28, 2024 – 7 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 1. CALL TO ORDER • Chair Nelson called the meeting to order at 7:01 p.m. & read the Land Acknowledgement a. Members Present: Nelson, Orenstein, Corrado, Commissioner Cohen b. Members Absent: Parkes c. Student Member, Status: Vacant d. Staff Members Present: Darren Groth, Assistant Community Development Director Kendra Lindahl, City Planning Consultant e. Council Liaison Present: Councilmember Denise La Mere-Anderson 2. CONSENT AGENDA: Corrado motioned to approve the consent agenda. Orenstein seconded. Commission voted 4-0 to approve. • Chair Nelson gave an overview of the Board of Zoning Appeals process and requirements for approval, alternatives, and consistency. She further informed all participants that the process is staff will present the request followed by a Q and A with the board, then the applicant is invited to speak followed by a Q and A with the board, then the public hearing is opened for the public to comment, the public hearing is closed after public comments are received, then the board deliberates and votes on the request. In addition, Chair Nelson informed applicants that if their request is denied, they can appeal to City Council. 3. PUBLIC HEARINGS a. Setback Variance, 1320 Fairlawn Way (PID 3002924420095) At 7: 05 p.m., Lindahl started the presentation to share the details and summarize the staff report of the request. She noted that this is an after-the-fact variance request for an accessory structure in the front yard for a 152.25 sq. ft. (10.5 feet by 14.5 feet) sauna that was constructed without a permit. The variance would reduce the required front yard setback from 35 feet to 5.7 feet and allow the accessory structure in the front yard closer to the lot line than the principal structure, which is not currently allowed. The property is a corner lot, having two front yards. Lindahl mentioned the 10-foot Drainage and Utility (D&U) easement (DUE) along Wayzata Blvd. At the end of her presentation, Lindahl recommended that the Board should review the applicant’s request and the three findings needed to grant a variance and that they have three options: 1. Move to approve variance request for a setback of 10-foot setback from Wayzata Blvd with four conditions as outlined in staff report. 2. Move to deny variance for the findings outlined in the staff report that the variance standards have not been met and require that the sauna be moved to comply with the setback requirements. 3. Move to approve variance request, as requested by the applicant, for a setback of 5.7 feet for the accessory structure from the side front yard property line, where 35 feet is required, based on the CITY OF GOLDEN VALLEY BZA MEETING MINUTES Tuesday, May 28, 2024 – 7 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 finding that the variance standards have been met as outlined in the Staff Report Staff does not recommend this option. Chair Nelson then asked if the board had any questions for Lindahl. Board Member Orenstein asked if Wayzata is a side yard. Lindahl noted that is what the applicant asked for to have a 5-foot setback. Orenstein asked if the existing fence needed a permit and Lindahl noted that a permit is required. Nelson asked if a 6-foot fence is allowed on an arterial. Lindahl responded that a 6-foot fence is allowed, but that Wayzata is not classified as an arterial. Orenstein asked how tall the fence along Fairlawn is and Lindahl stated it is a 6-foot fence. Orenstein asked if the patio meets the required setback. Lindahl noted that flatwork does not require a permit nor has a zoning setback. Orenstein asked if the sauna required an electrical permit. Lindahl noted that one is required, but none were pulled. Nelson asked if this request was for all items or just the sauna. Lindahl indicated that she spoke with the City Attorney’s Office (CAO) to ask about the other violations on the property and that the CAO limited this request to just the sauna because that was the only item noticed on the agenda. Board Member Corrado asked if the sauna being near any drainage was more of a concern. Lindahl stated that it is not any more of a concern. Corrado asked how the City found out about this violation and Lindahl noted that she was not sure. Orenstein asked if the shed in the northwest corner of the property was being considered. Lindahl reiterated that while the shed was also in violation because no permit was obtained and it also does not meet setbacks, the consideration for tonight is only the sauna. At 7:19 p.m., the Applicant, Mitchel Nelson, was invited to speak. He stated that he had nothing to add and was surprised to learn that Wayzata is a front yard. He also indicated that he replaced the old wood fence with a vinyl fence and checked with his neighbors about the location. He chose this spot to avoid visibility to others and disturbing neighbors. Chair Nelson asked if he hired a fence contractor and Mitch Nelson responded yes. She asked if he hired a contractor for the sauna and Mitch Nelson responded no. Orenstein asked if the 6-foot fence facing Fairlawn was put up by a contractor and Mitch Nelson said yes and that the contractor said it was okay. Planning Commissioner Cohen shared that he has a unique perspective because he lives on Fairlawn. He indicated that the fence seemed tall in his opinion and that he had to go through the BZA process 20 years ago and encouraged all applicants to meet with the City before doing any work. Corrado asked if the applicant could speak to the hardships of placing the sauna at the required 35-foot setback. Mitch Nelson stated that the neighbors liked this placement and if it were to move, it would alter the community. Orenstein asked if the sauna were moved, where would he move it and Mitch Nelson said he would have to check with his neighbors. Orenstein asked if the neighbors could even see it and Mitch Nelson indicated that the homeowners south, west, and across Fairlawn all support this location. Lindahl mentioned that the 6-foot fence facing Fairlawn was mostly okay because the majority is not in front of the house. Chair Nelson stated that Wayzata Boulevard does not seem like a front yard, but the structures still cannot be in a DUE. Mitch Nelson asked the size of the DUE and Lindahl stated that it was 10 feet, and he has a 4.3-foot encroachment. Commissioner Cohen asked where the sauna could be located and Lindahl showed the location map in her presentation and explained in detail. Chair Nelson asked if the sauna needed to move regardless of the front yard issue and Lindahl indicated that yes, it would have to be moved out of the DUE. Corrado asked how far along was the construction and Mitch Nelson stated that when the City stopped him it was not finished but was now complete. Mitch Nelson said that the Planning Department in an email said it was okay for him to move forward. Orenstein asked to see the email and Mitch Nelson said he would find it. CITY OF GOLDEN VALLEY BZA MEETING MINUTES Tuesday, May 28, 2024 – 7 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 At 7:32 p.m., Chair Nelson opened the public hearing. There were no audience members present to speak. At 7:32 p.m., Chair Nelson closed the public hearing. Orenstein then asked what they were voting on. Lindahl noted that the request was to allow a 5.7-foot setback in a front yard. Orenstein noted that he cannot see approving the request. Corrado stated same. Commissioner Cohen agreed that it would be hard to approve. Chair Nelson indicated that if Mitch Nelson had come before them prior to doing the work, then she could maybe say yes, but it would still have to be located outside of the DUE. Orenstein asked if the sauna was the only request and Lindahl reiterated yes. Orenstein asked if they approved, would they only be deciding on the variance request. Chair Nelson stated that the sauna would still have to be moved out of the DUE. Orenstein said no fence and Lindahl repeated that the fence and other shed violations are not part of the consideration. Corrado stated that bringing the fence into compliance could also impact the neighbors. Commissioner Cohen stated that there is an appeal process and Lindahl verified everyone that a denial can be appealed to City Council. Orenstein moved to deny the variance request. Corrado seconded. The board voted unanimously to deny. Chair Nelson told Mitch Nelson that he could go to City Council and that going forward, she could treat Wayzata Boulevard as a side yard for his fence and would not approve a 6-foot fence on Fairlawn. Corrado noted that he was sympathetic to the applicant because he also has a property with two front yards, but that he was making decisions for the City. Orenstein noted that he was sworn to uphold an oath and that while the Board has some discretion, this is not one of them. Chair Nelson said she was sorry it was built, but you [Mitch Nelson] can go to City Council and going forward you should talk with staff before starting a project. b. File No. 24-001: Deck Variance, 6630 Glenwood Ave (PID 3211821440046) At 7:39 p.m., Lindahl started the presentation and shared details of the variance and summarized the staff report of the request. At 7:43 p.m., the Board began asking questions of staff. Orenstein asked the reasoning for the stair configuration and Lindahl mentioned that the applicant, Chris Kuyava, was present to answer. Orenstein asked about stair alternatives and Lindahl highlighted the options shown in her presentation. At 7:45 p.m., the applicant was invited to speak. Kuyava mentioned that his front yard does not match the angle of the street frontage and stated that he was confused on the stairs encroaching on the setback. Lindahl offered an interpretation of the code. Orenstein asked if the applicant was only opposed to moving the steps. Kuyava indicated that he wants to maximize his back yard and any alternatives would look strange. Chair Nelson asked if he had any plans drawn up for the deck. Kuyava stated that he did not have plans yet, but he was an engineer and could read code to draw his options for this deck. Chair Nelson asked if he had a walk-out and Kuyava said yes. Corrado asked if he considered reducing the size of the deck to accommodate the stairs. Kuyava stated that if the northeast point were only 7.5 feet from the side yard, the deck would not fit a dining table and the 9-foot request is still cutting it close. Chair Nelson asked for the dimensions of the deck and Lindahl highlighted them in her presentation. At 7:51 p.m., Chair Nelson opened the public hearing. Two neighbors were in the audience and shouted that they are in support because they have a fence and shrubs blocking their view and they don’t use that portion of their yard. At 7:52, Chair Nelson closed the public hearing. Orenstein noted that this request meets all the criteria for approval. Chair Nelson noted that the wetland behind the home makes some of the back yard unusable and this seems like a normal deck. Corrado noted that requests to find a usable way to enjoy a deck of this size is consistent with prior actions. Commissioner Cohen stated that the unique lot circumstances meant that the applicant has no CITY OF GOLDEN VALLEY BZA MEETING MINUTES Tuesday, May 28, 2024 – 7 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 alternatives. Corrado moved to approve the variance request. Commissioner Cohen seconded. The board voted unanimously to approve. c. File No. 24-0007: Fence Variance, 900 Ottawa Ave North (PID# 1902924240013) Corrado shared with the board that due to prior interactions with the applicant, he would recuse himself from deliberating and voting on this item. At 7: 56p.m., Lindahl started the presentation and shared details of the variance and summarized the staff report of the request. At 8 p.m., the Board began asking questions of staff. Chair Nelson asked to see the 6-foot fence location. Lindahl clarified that the 6-foot fence would be along the trail and partially along Ottawa Ave. Orenstein asked for the wording of the request because he did not want to make an ad hoc approval. Chair Nelson also asked for the wording of the variance request because it was not stated in the agenda. Lindahl read the request from the staff report. Orenstein stated that he was not sure how many feet the fence would go along Ottawa. At 8:03 p.m., the applicant, Stacy Anderson, was invited to speak. She noted that the request was for 12 feet of 6-foot fence along Ottawa because this area serves as a loading zone for people visiting Sweeney Lake and the fence at this corner would help block the impact. Chair Nelson shared that she understood why this was being requested, but that the Board does not typically allow a 6-foot fence in the front yard. Anderson invited the board members to come visit the site. Chair Nelson indicated that she had been there before. Anderson stated that her husband has always lived in this neighborhood, and this is the worst it has ever been. She stated that this is a unique property, and she has been working with the City for a long time to get something done. Orenstein asked if she could place a 4-foot fence along Ottawa. Anderson said yes, but the taller fence was better to block the impacts of people throwing stuff in her yard and would be less accessible for people wanting to come into her yard. Chair Nelson stated that Anderson made a good point. At 8:07 p.m., Chair Nelson opened the public hearing. The applicant from the first case, Mitchel Nelson, was still in the audience and shouted that he knew this site was difficult because he is a real estate agent and has tried to buy and sell properties in this neighborhood and attested that it is a unique site. At 8:08, Chair Nelson closed the public hearing. Commissioner Cohen stated that the board has a precedent of not allowing fences taller than four feet in front yards, but he was in Minneapolis when they made exceptions to their code along hidden beach. Cohen shared that he is constantly disappointed by how rude people can be and that he is sympathetic to the request because the applicant cannot plant trees to solve the problem and the extra two feet might be the best solution, but the precedent is important. Orenstein asked if Cohen was in favor. Cohen said he was willing to support the 6-foot fence for a 12-foot length along Ottawa. Orenstein asked the applicant if that was the request. Anderson noted that Ottawa was included in her request. Orenstein noted that the request meets all the approval criteria, but said he thinks the 4-foot precedent is important. Chair Nelson stated that she supports the 6-foot fence along the Luce Line Trail and that many times she comes in with her mind made up but can sometimes be persuaded and Commissioner Cohen may have done that because the situation was not caused by the applicant along Luce Line; however, Ottawa would be self-imposed. Anderson stated that they do have trees planted along Ottawa. Chair Nelson stated that she found Mitchel Nelson’s comments interesting. Orenstein stated that the board can approve, deny, or modify the request and that he was in favor of the 6-foot fence along Luce Line and a 4-foot fence on Ottawa. Chair Nelson agreed. Anderson stated that a 4-foot fence was pointless. Orenstein stated that was her choice. Chair Nelson asked if she would do the fence if only four feet and Anderson said no because the impact is people going to the beach and not bikers. Chair Nelson asked if beachgoers park there and Anderson said yes. Orenstein asked if she could CITY OF GOLDEN VALLEY BZA MEETING MINUTES Tuesday, May 28, 2024 – 7 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 plant more trees along Ottawa and Anderson stated that there are three large trees there now. Chair Nelson stated that others had asked for a 6-foot fence in their front yard and were denied, so she was sympathetic, but has not approved a 6-foot fence before. Commissioner Cohen also stated that he was sympathetic to the concerns, and he pulled up a street view of the property. Cohen indicated that he supports the 6-foot fence everywhere, but he was okay if the rest of the board supports a 4-foot fence. Chair Nelson told the applicant that she could go to City Council if the request was denied and asked Orenstein if he felt the same way. Orenstein noted that he understands the request and reasoning, but since a 4-foot fence is an option, he was opposed to allowing a 6-foot fence along Ottawa. Chair Nelson moved to approve the requested 6-foot fence along the Luce Line Trail and to deny the request to continue the 6-foot fence along Ottawa Avenue North. Orenstein seconded the motion. The board voted unanimously to approve the requested 6-foot fence along the Luce Line Trail and deny the request to continue the 6-foot fence along Ottawa Avenue North. Chair Nelson told the applicant that she understands, and that City Council may see it differently. Anderson stated that living there was horrible. Chair Nelson reiterated that City Council may see it differently. Corrado shared his experience with the property and that the 6-foot fence for just a 12-foot stretch along Ottawa would seem to make a difference and that he thought the hardship is there. Chair Nelson stated that Commissioner Cohen made the same comments and that she hoped that the applicant would go to City Council. Orenstein agreed. 4. NO NEW BUSINESS 5. COUNCIL LIASION REPORT At 8:20 p.m., Councilmember La Mere-Anderson noted that she had a lot of updates and events to share. She shared the following updates: 1. New Commissioner Orientation was rescheduled to June 6, 2024, and commissioners needed to register by June 2. 2. The Golden Valley Pride Festival will be Saturday, June 8, 2024, at Brookview Park. 3. An upcoming discussion regarding Building & Retaining An Equitable City Workforce & Supplier Pool will be held on Thursday, June 13 from 6:30–8 p.m. at Brookview Golden Valley, Bassett Creek Room North. 4. Market in the Valley opens this summer on June 16. 5. City Council passed a proclamation recognizing June as Pride Month. 6. May 19-25 was Public Works week. 7. The last City Council meeting included a public hearing for an application to the Minnesota Department of Employment and Economic Development (DEED) for job creation by Baxter Health Care, which was a CUP previously heard by the commission. 8. The City’s Pavement Management Plan (PMP) is mostly complete and her neighborhood near Zane Avenue and Lindsey Street will begin construction soon. 9. Highway 55 West will be closed at Hwy 169 to Revere on May 28 and closed for two weeks with traffic detoured onto Hwy 169 S to I-394. 10. The City is working on water mains around Duluth Lane to replace hydrants and valves through August, but no road closures are anticipated. CITY OF GOLDEN VALLEY BZA MEETING MINUTES Tuesday, May 28, 2024 – 7 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 Chair Nelson asked about lead pipes in Golden Valley. Councilmember La Mere-Anderson noted that she read about that in the City News and that people can get their pipes tested. Chair Nelson asked who pays for the testing and Councilmember La Mere-Anderson said she would have to look that up. Commissioner Cohen asked about the work session update on the new fire station. Councilmember La Mere-Anderson noted there was a spirited dialogue regarding the east side station. She stated there is a need to upgrade the building due to equity and safety concerns. She further stated that City Council instructed staff to look at four locations only and limited residential displacement, but staff could look at commercial sites and Schaper Park. The work session uncovered limitations to all four locations and staff is going to come back to City Council with additional options. Corrado asked if there were any conversations in the City regarding the use of AI. Councilmember La Mere-Anderson stated that was a great question and she would have to get back to you on whether it could be used. 6. STAFF COMMENTS: NONE 7. COMMISSIONER COMMENTS NONE 8. ADJOURNMENT: Chair Nelson adjourned the meeting at 8:31 p.m.