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BZA_ Meeting Minutes - 11-28-20237800 Golden Valley Road I Golden Valley, MN 55427 763-593-3992 I TTY 763-593-3968 I 763-593-8109 (fax) I www.goldenvalleymn.gov gocidfJii" Board of Zoning Appeal� ____ v_a_e_y_ REGULAR MEETING MINUTES November 28, 2023 -7:00 pm Hybrid Meeting 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 7pm and the land acknowledgement was read by Chair Nelson. Roll Call Members present: Anthony Corrado, Nancy Nelson, Richard Orenstein, Elizabeth Parkes, Gary Cohen - Planning Commissioner Members absent: Staff present: Myles Campbell -Planner Approval of Agenda Chair Nelson asked for a motion to approve the agenda. MOTION made by Orenstein, seconded by Corrado to approve the agenda of November 28, 2023. Motion carried Previous meeting minutes were not submitted 1. Address: 208 Meander Road Applicant: Greater Metropolitan Housing Corporation (GMHC) Request:§ 113-88, Single-Family Residential (R-1) Zoning District, Subd. (e}{l}{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. Nelson noted this item was tabled at the previous BZA meeting. Myles Campbell, Planner, reviewed the item and original request for the variance. Due to the BZA offering feedback and they came up with two other variance request options; staff reviewed those. Original Request (Option A)-Front Yard Setback: 6.1 feet off of the required 35 feet to a distance of 28.9 feet from the front (west) property line Option B -Rear Yard Setback: 6.5 feet off of the required 25 feet to a distance of 18.5 feet from the rear (east) property line Option C-Rear Yard Setback: 7.7 feet off of the required 25 feet to a distance of 17.3 feet from the rear (east) property line This document is available in alternate formats upon a 72-hour request. Please call IJ 763-593-8006 (TTY: 763-593-3968) to make a re quest. Examples of alternate formatsmay include large print, electronic, Braille, audiocassette, etc. City of Golden Valley BZA Regular Meeting Minutes Nov 28 2023 7 pm 2 Staff reviewed the property’s location in the City and noted it’s currently an undeveloped lot.It was tax forfeited to the City in 1973,rezoned from open space to single family residential by City Council earlier this year for construction of an affordable single family home.The irregularly shaped lot follows the curve in Meander Road and Meander is offset from its ROW,with 10 15’off the curb on the west side and 20 25’on the east. Staff reviewed comments from the City Forester regarding the health of existing trees and aside from a Willow leaning towards the house,the other trees are healthy and likely will not impact the home. Practical Difficulties The variance allows for a reasonably scaled home with attached garage,and ample greenspace between the home and the back of curb.Staff does find this request reasonable. The lot has an irregular shape that limits where a conforming building footprint can be located. Additionally,an alternative that may reduce or eliminate the variance,providing a detached garage to the north of the home,would require the removal of several existing mature trees. Staff believes the site exhibits unique circumstances. The resulting setback and distance to the curb would not be at odds with other homes in and around the neighborhood,and the applicant’s design seeks to fit the character of the neighborhood with elements like the attached garage.Staff believes that the requested variances will not alter the essential character of the neighborhood and city. With a better chance to preserve existing Oak and Walnut trees closer to the street,Options B&C further minimize any impacts on the surrounding neighborhood Recommendations 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. There were a few questions about the trees and Commissioner Cohen asked if the Forester commented on the number of Ash trees and Emerald Ash Borer.Staff noted that a few trees were labeled incorrectly, originally,and the City requires final landscape permits be done by a master forester so there is greater detail in the identification. Chair Nelson invited the applicant to speak. Julia Spencer,Applicant,the team originally proposed a reduction of the front yard setback and at the October meeting the Board asked the applicant to explore different options to preserve the front yard City of Golden Valley BZA Regular Meeting Minutes Nov 28 2023 7 pm 3 setback.Now we bring two additional concepts and they take into consideration feedback from the City Forester.The willow will likely come down and be replaced per the City’s requirement and the determined by the forester.If the original request is not preferred and approved,we prefer Option C. Chair Nelson opened the public hearing 7:27pm. In person comments were taken first. Mark Westby 204 Meander Road I believe the updated proposals impact the neighborhood’s character as it’s characterized by large lots with homes set back a considerable distance from the front.This uniformity contributes to the visual appeal and charm of the area.The request to modify the rear setback also seems to deviate from the norm.In this neighborhood the average distance between the rear property line and the closest structure is over 70 feet and the closest is 25 and the aforementioned request is 18 feet.In a recorded conversation with the City Forester,he did acknowledge the 15 foot critical root zone for the walnut,but also stated due to the condition of the tree and the angle,he wouldn't recommend doing anything within 20 feet of that tree.All the proposed plans have the garage within 15 feet of the tree.It was also noted at the Council meeting that it is possible to build on this lot without a variance,I think this option should be explored. Online comments were taken. Aaron Brden 209 Meander Road I agree with the last commenter that these plans do not appear to preserve the essential character of the neighborhood as the lot is smaller than others and the proposed home is close to the road. Chair Nelson closed the hearing at 7:32pm. Chair Nelson opened the Board discussion. Orenstein noted the practical difficulty standards have all been met and he believes option C is a good request;Parkes echoed this statement.Chair Nelson stated it’s a reasonable use and the lot is oddly shaped and doesn’t believe the essential character is altered as long as they follow the front yard setback.Corrado noted that the new plan submissions meet the essential character whereas he felt like the original did not.He added that no home would have an impact and this group can’t stop a home from being built there.Commissioner Cohen pointed out that any lot leftover for residential development will be odd shaped like this one.The City’s goal is to increase single family housing and there are studies proving that there’s a need for housing in Golden Valley. City of Golden Valley Nov 28 2023 - 7 pm BZA Regular Meeting Minutes 4 MOTION made by Orenstein seconded Parkes by to adopt staff findings and approve the variance of 7.7 feet off of the required 25 feet to a distance of 17.3 feet from the rear (east) property line for a new home. Motion carried Council Updates No Council Updates but the big topic right now is budgets. Adjournment MOTION made by Orenstein, seconded by Parkes and the motion carried unanimously to adjour n the meeting at 7:42 pm. Motion carried