12-27-11 BZA Minutes Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
December 27, 2011
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
December 27, 2011 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota.
Chair Nelson called the meeting to order at 7 pm.
Those present were Members Boudreau-Landis and Nelson, and Planning Commission
Representatives Cera and McCarty. Also present were City Planner Joe Hogeboom and
Administrative Assistant Lisa Wittman. Member Maxwell was absent.
I. Approval of Minutes — September 27, 2011 Regular Meeting
MOVED by McCarty, seconded by Boudreau-Landis and motion carried to approve the
September 27, 2011 minutes as submitted.
II. The Petitions are:
1324 Tyrol Trail
Aaron and Debra Lerner, Applicants (11-12-18)
Request: Waiver from Section 11.21, Single Family Zoning District (R-1),
Subd. 11(B) Height Limitations
• 3 feet taller than the allowed 25 feet to a total height of 28 feet
Purpose: To allow for the construction of a second story addition
Hogeboom reviewed the applicant's request to construct a second story addition that
would exceed the 25-foot maximum height regulation. He explained that the height of a
house is measured by taking the average grade at the front fa�ade. He stated that the
applicants thought they could build the proposed addition to a height of 28 feet but were
informed during the building permit application process that flat-roofed houses are
allowed to be 25 feet in height compared to pitched roof houses which are allowed to
be 28 feet in height.
Nelson noted that several houses in the area are taller than the applicant's house would
be after the proposed addition. She asked when the 25-foot height regulation was put in
place. Hogeboom stated that the new height regulations were adopted in 2008. Before
that time, houses were allowed to be 2 '/2 stories or 30 feet in height.
Aaron Lerner, Applicant, explained that the proposed addition won't be 11 feet in height
it will just have typical 8-foot high ceilings. He added that he feels what they are
proposing will fit in perfectly with the neighborhood and they would like to stay in
Golden Valley.
Minutes of the Golden Valley Board of Zoning Appeals
December 27, 2011
Page 2
Debra Lerner, Applicant, explained that the entry level of their home is essentially a
mudroom, laundry room and storage area, not living space. She added that they are
bound by setback requirements in the side and front yards and the angle of the lot, so
the only option they have to get more living space is to "build up." She showed the
Board a rendering of the house with the proposed addition.
Nelson questioned the impact to the neighboring houses along Wayzata Boulevard.
Mrs. Lerner showed a photo from the neighboring property's perspective.
Cera asked the applicants how tall their house is currently. Mr. Lerner said the house is
approximately 19 feet in height. Cera asked about the height of the neighboring houses.
Mr. Lerner said that the houses across the street from him are approximately 30 feet in
height.
McCarty asked the applicants why they couldn't construct an addition in their back yard.
Mr. Lerner stated that the side yards are too steep to get construction equipment into
the back yard.
Nelson asked the applicants how long they have lived in the house. Mr. Lerner said
they've lived there 17 years.
McCarty referred to a past "proposed addition" on the northwest corner of the home
shown on the survey and asked if that addition was ever constructed. Mr. Lerner said
yes and noted that it was a bedroom addition.
Nelson asked about the size of the proposed new addition. Mr. Lerner said the
proposed new addition is approximately 1,000 square feet. Nelson noted that there
would be no need for a variance if the height of the house in the back yard was greater
than 25 feet and there would also be no need for a variance if the proposed addition
had a pitched roof.
Nelson opened the public hearing.
Paul Kaminski, 1404 Alpine Pass, President of the South Tyrol Hills Homeowner's
Association, stated that he has heard no opposition to the proposal from any neighbors
and he wants the Lerners to stay in the neighborhood. He added that the proposed
second story addition will help the house fit in better with the other houses in the area
than it currently does and that this proposal is a great thing for the neighborhood.
Seeing and hearing no one else wishing to comment, Nelson closed the public hearing.
McCarty stated that he is concerned about this proposal because several people in the
Tyrol area were very vocal in 2008 when the City was working on trying to limit the
height of houses. Cera said he feels this situation is different because the zoning code
changes done in 2008 were geared toward teardowns.
Minutes of the Golden Valley Board of Zoning Appeals
December 27, 2011
Page 3
He said he thinks this property is unique, the request is reasonable and the house will
still be shorter than houses next to it.
Nelson agreed with Cera and added that she feels the property is unique; the proposal
will not alter the character of the neighborhood and it would meet the intent of the
zoning code. Boudreau-Landis agreed and said the proposed addition seems
appropriate and it would make the home fit in better with the character of the
neighborhood.
Cera referred to another variance granted in the past for a garage addition and asked if
that variance has since expired. Hogeboom said yes and added that variances not
acted upon expire one year from the date the variance was approved.
MOVED by Cera, seconded by Boudreau-Landis and motion carried to grant the
requested variance to allow the home to be 3 feet taller than the allowed 25 feet to a
total height of 28 feet. Commissioner McCarty voted no.
The Board based its decision on the following findings:
• The proposal uses the property in a reasonable manner
• The proposal won't alter the essential character of the locality
• The property has a unique slope
• The property is meeting the intent of the zoning code
III. Other Business
McCarty referred to the amended variance application and suggested a question be
added that requires applicants to discuss how they could build what they want without
requiring a variance or have them explain what alternatives they have considered
before asking for a variance. The Board agreed that they would like what McCarty
suggested added to the variance application.
IV. Adjournment
The meeting adjourned at 8:15 pm.
Nancy J. Nelson, Chair Jo ph . ogeboom, Staff Liaison