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07-24-12 BZA Agenda Board of Zoning Appeals Regular Meeting Tuesday, July 24, 2012 7 pm 7800 Golden Valley Road Council Chambers I. Approval of Minutes — June 26, 2012 Regular Meeting II. The Petition(sj are: 1231 Unity Avenue North Brett Cummings, Applicant (12-07-10) Request: Waiver from Section 11.72 Fences Subd, 3(A)(1) Fence Regulations • 2 ft. taller than the 6 ft. height allowed for fences located in side yards Purpose: To allow for the constructian of an 8 ft. tall fence along the side yard (north) property line. III. Other Business IV. Adjournment �, This document is available in alternate#ormats upon a 72-hour request.Please call : 7b3-593-8006{TTY: 763-593-3968)to make a request. 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" . .. �'�'"i3"�`�� '�� r"`v� a �� . � � � . .. , xi ,• , �� . � � �• a , . . - .. �rt . � _ ��. x. ; , ' <_. . „ . , . ,; ._ ;r Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals June 26, 2012 A regular meeting of the Golden Valley Board of Zoning Appeals was held an Tuesday, June 27, 2012 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, Maxwell and Nelson, and Planning Commission Representatives McCarty and Waldhauser. Alsa present were Director of Planning and Qevelopment Mark Grimes and Administrative Assistant Lisa Wittman. I. Approval of Minutes — May 22, 2012 Regular Meeting MOVED by McCarty, seconded by Boudreau-Landis and motion carried unanimously to approve the May 22, 2012 minutes as submitted. II. The Petitions are: 6931 Olson Memorial Highway RHT Properties, Applicant (12-06-09) ` Request: Waiver from Section 11.72 Fences Subd. 3(A)(1) Fence Regulations • 2 ft. taller than the 4 ft. tieight allawed for fences located in front yards Purpose; To allow for the construction of a 6 ft. tall fence in the front yard. Grimes referred to a Iocation map and explained the applicant's request to build a 6- foot tall fence in the front yard. He stated that the Single Family Residential zoning district allows fences tc� be 4 feet tall in frant yards but the applicant requires a taller fence because the home wi11 be used as a foster home and will have children with special ne�ds living there so they need the taller fence for safety. McGarty asked about fihe differences between a group home and foster home. Grimes explained that bo�h uses are permitted, per state statute, in the Single Family Residential zoning district. Maxwell asked if the applicant could build a 6-faot tall fence if it was located 35 feet or more away fram the front property line. Grimes said yes. Waldhauser and McCarty both said they thought that no 6-foot tall fences were allowed in front yards at all. Grimes explained that the 35-foot setback area is considered to be the frant yard. He added that no 6-foot tall fences could be built in the setback area but fences, or structures much taller, could be built up to the 35-foot setback line. Pete Thomley, Meridian Services, representing the applicant, explained that they are attempting to fence off the two front entrances as a safety precaution. Minutes of the Golden Valley Board of Zoning Appeals June 26, 2012 Page 2 Waldhauser asked about the type af fencing material being used. Thomley said it will be a no-maintenance, vinyl fence in a darker color to match the hause. Waldhauser said she understands that the fence can't be scalable, but asked if there can be some space between the fence boards. Thomley said there won't be any space between the boards for the safety of the children and that is also the way the panels are manufactured. McCarty asked if there would be a gate across the driveway. Thomtey drew on the survey where he is proposing to build the fence. The Board concluded that since`the fence will be not be in the 35-foot front yard setback area the applicant does not ne�d to apply for a variance. Since there were people in the audience wishing to comment, Nelson opened the public hearing, even though it was determined that no variance will be required for the proposed fence. Dan Browdie, 70Q1 Olson Memorial Highway, said he is concerned that the proposed fence will be attractive to criminals because it will provide cover and`there is easy access to Olson Memorial Highway. He said this house has been broken into in the past and someone also attempted to break in to his home. He questioned why the applicant is buying a home right on Highway 55 if they are concerned abaut the safety of the kids, He stated that a fence on this prop�rty would also block his access to the other neighboring houses and he wauid be forced to walk in the street to visit neighboring houses. He said he daesn't generally see 6-foot tall fences in front yards and installing one will really c,hange the [ook of the neighborhood. Boudreau-Landis explained that most houses are built closer to the 35-foot setback line and not set as far back as the house in question. Marilyn Weisberg, 6800 Kingston Circle, said she too has had break-ins. She said there are people in her neighbarhood who have purposefully installed 6-foot high fences and non-egress windows in their basements because Golden Valley is very poor at enforcing its a�ws..She sai� this proposed foster home is a business and she didn't realize there could be a'�!business located in a residential area like this. She added that the people that will be living in this house won't care as much abaut it as a mom and dad with children would. She agreed that the applicant shouldn't buy a house on Highway 55 if they have children they can't control. Grimes expTained that companies can own homes and reiterated that rental properties, group homes and foster care homes are all permitted, legal uses in the Single Family zoning district. He stated that the City Council has tried to work with the State Legislature regarding group home issues to no avail. Laura King, 6921 Olson Memorial Highway, said she bought her home seven years ago and it was broken into within months. She stated that the first thing the police told her was that the fence they had, which was similar to the one being proposed, should be Minutes of the Golden Valley Board of Zoning Appeals June 26, 2012 Page 3 removed because it makes the house a target for criminals. She said they are their own community of four lots and they have to keep an eye on one anather and the proposed fence, put right in the middle, will cut everybody else off. She said this proposed fence will also reduce her property value which has already gone down $100,000 since she bought it. She said if the houses in this area take another hit, they are going to end up being empty. She said if the applicant needs to build a fence like this to keep the children safe then it is probably not the ideal tocation for them to purchase. She added that there are 11 properties in a five mile radius that offer the same square footage for the same price or less that are not on a highway and three of them already have a ; fenced-in back yard. She said this proposal does not make sense at all fcir anyone involved. Gina Hyun, 6837 Olson Memorial Highway, said she is concefned about the children in the neighborhood. She said she was told this was going to be a group home and now she is hearing that it is going to be a foster home but she has never heard af a foster home with staff and this is an unusual foster situation. She asked what kind of people will be living in the house, if they are sex offenders and if children wauld still be able to play outside. She said she doesn't understand the nature of their program and she wants to be safe in her house and not live in fear. �he asked if the neighbors are going to be chased out of Golden Valley and if the City is on the neighbor's side or this company's side. Nelson thanked people for expressing their concerns. She reiterated that the Board of Zoning Appeals really can't address any ofi the concerns because their job is to hear variance requests and it has been determined that this proposal doesn't need a variance. Waldhauser agreed that the �oard's hands are completely tied, She suggested people take their,conc�rns ta'their State Legislature. Nelson closed the public hearin�. III. Other Bu'�iness Election of Officers MOVED by Ma�cwell, seconded by McCarty and motion carried unanimously to continue the current sl�te of�fficers for another year (Nelson as Chair and Boudreau-Landis as Vice Chair). IV. Adjournment The meeting was adjourned at 7:43 pm. Nancy J. Nelson, Chair Joseph S. Hogeboom, Staff Liaison . ��ty c� Planning Department 763-593-8095/763-593-8109(fax) Date: July 16, 2012 To: Board of Zoning Appeals From: Joe Hogeboom, City Planner Subject: 1231 Unity Avenue North Brett and Kristina Cummings, Applicants Background Brett and Kristina Cummins, owners of the property at 1231 Unity Avenue North, are seeking a variance from City Code to allow for the construction of a fence that is higher than permitted by City Code. Fences in the R-1 Single Family Zoning District may be constructed up to 4 feet in height in front yards and up to 6 feet in height in side and rear yards. Front yards are defined as any part of the yard within 35 feet to property lines abutting a street. The applicants live adjacent to Redeemer Reformed Church. They are requesting to have an $-foot tali fence along the north side af their property, which is adjacent to the church. The 8-foot tall section of fence would not be located in the front yard. The residents would like to construct the fence in order to achieve greater protection from lighting, noise and other activities associated with an institutional use. It should be noted that fences are permitted to be up to 8 feet in height in the Institutional Zoning District. Therefore, the church would be able to construct an 8-foot tall fence on its property without a variance. All fences that exceed 6 feet in height, regardless of where they are located, are required to be built with a building permit. Variances The proposal requires a variance from the following section of City Code: • Section 11.72, Subd. 3(A)(1) Fence Regulations. The applicants are requesting a waiver to this requirement to allow an 8-foot tall fence to be constructed along the north side property line, within the rear yard of the home. #�fl5 � � �" ? i ' 1�2fl 1425 1a$6 1429 ( ', , � ; __L___ � � ' 14f1E 1415 � t�'f& 1 '� � 1 [ � 4 �� ' : � , � � 3 f 6 � '1415 TesfeddfNnyefo�+rtf � � � s 5350 53�b 536D 1�ilU ` � � _ ....--- I I; �v i � _ ---- � �� 1� � a € ` ' 1345 :, u � a� _' �op�lRd ` " _ 3 � `� � m �. 1380 � --- � ' , � 5355 5335 53U5 ' 1335 i346 � ° � � � _ _...___�.._� _,___ �� ' � 1338 ' 136� � � � 17�41 � 5 4 1355 ; 1325 � � � ; � ' � 1320 � � � i3�0 131T y 1215 , t ! r i335 � � � � ' ..... � '1310 __.__.1 ' •3 ,. �.��w . { � } ��° �� ubject Property �� .� � 112D k � 13ti5 � I 130U 12A1 12�4D 511U � � , ._..__.._ � �a5 ° �+ ____m._�� ; r� � � .. .. .e . .. 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I 1 �� ."° ¢ �_ ' ` .. k kwutk��y�t � r 1 59+#1 53�7 � f 522'I � t�T W_� i . 5301 i 1041 104t0 51�1 51'I1 505T 5537 583�'��SS25 i 11;K:<:,w>s.i.ar,L��:n+t3� �a✓r fi+�.e:.��:�. .�s;�,t>.�t:N E 3 3 i3 � z+,3akir . f . . 1 t �� • � �_ c�lc�e�t v�. +��- Zoning Code Variance Application 1. Street address: �7�� 'U�J.i� �J�� 2. Applicant Information: N a me: �'K.�—,.�.�l.�'`nl r�.,$ Address: �Z�1 L��.�.�� E.,.��}'� �-,��-�.� �[��M��422- Email Address: � i��15 i 1rlA � e-�MA{L • Coul Phone Number: �( 12� �'$� -�$I 3. Provide a detailed description of need for a variance from the Zoning Code, ineluding: • Description of building(s) • Description of proposed addition(s) • Description of proposed alteration(s) to property VVQ-��'� �S �� p�. St+�'tL� '�1Y\lL`( �lD'Er�l'tl�L �ao o ue.. ��.�c ►s (��qs'��a,T --ro �A��e.�t� �PcZ.�,rn�.t�-Y �'�-�.+ae�c��.c. i�� o..�rs� 1�1s�-n.n-�oa��. 1�� .�a,� Ta �.�s-r¢.�e.r f� s=►n�. � -�,.ic� A�c��.a� —r� '�e.�c.�c� �,� r �...�o�� L��L� —ta �u�� A-� g T�� . �L. �-� dZ�-t�- — 2oP � � 1g S tD� ��,e—�-�— �'d �-� ��.Sc-. Lo�r- Tt�.. -�..�r�. T �,��... �� oeisrR.v C�'+ED c�F '�otX(Z.. 4. Minnesota State Statute 462.357 requires that a property exhibit "practical difficulties" in order for a variance to be considered. Practical Difficulties: • result in a use that is reasonable. • are based on a problem that is unique to the property. • are not caused by the landowner. • do not alter the essential character of the locality. To demonstrate how your request will comply with Minnesota State Statute 462.357, please respond to the following questions: Explain the need for your variance request and how it will result in a reasonable use af the property. '�,�.1�. �� !��_�ac, --� A �a�,t� �4 �aa�. �•c� oF Pe��c� �� a2 -��. �aen -��a.��, ,—� , �Ro��1 Tt�-1�►s� �,� -n.c� e�F -� �`�3E.r1.� `1�.f�-K�.r�—�r?� 3�t las-�w�.1�, A�4 �,�rsr �t-�- r�ef� orl-�� r�2� S� c� T�-�. What is unique about yaur property and how do you feel that it necessitates a variance? '�-`��A• L-r ts�-+��.�. �.�. fk �.s��,�� --ra��r �e�" T A-� ��-��oaaL �g€�,�-� A�.n ��r- �s -€��a�� .��na�c_ 'T�1-�P� �-r �s A�AC�- -ra -Ti�4� ;�,ea��14, l�-r- A-wEA ��t,��. ,R- -ta -t-�E.. L.t�t�TS ��u►�o� P� P�-T-��lc�-t�5 `f'N�-r �:� �� tr. Explain how the need for a variance is based on circumstances that are not a result of a landowner action. 1E1�._ -1�a.r��_�a�� ov�.2.. -r�-� �,��-,.,t��s -��-r T�� R�e� ('.�wl� `T�!'E t��t Q-,1��G�-� �1 g�PE._o-r..;� Q,�D -"f�� 7�.a.L.J�, �-'c�� 2 rt�..`I' '�u.oWs us A M�-��n.x� 1��-r�� e�. I�s,-E.�.r o� 8'-rA� A-s , ._.�'� �.-�o��D 1�2E.rF'Ee, Explain how, if granted, the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole. ��-�- rn-tt�2 S�Q�..s oF —rwE �l.��. �� `�I'a `I"'�k� 1� � 3-i�A.ac.�rwt�n �,�L�,H-T. � �rA�FE. ��5�SS� C?�� '��C!E '4��, �t�- a,Ete�u3oe.� 1� -T� �-A A�D"[}�� .�. Su(�o2T- pv2 Pc,,o...�. 5. The City requests that you consider all available project options that are permitted by the Zoning Code prior to requesting a variance. The Board of Zoning Appeals will discuss alternative options to seeking variance with you at the public hearing. Please describe alternate ways to do your project that do not require variances to the Zoning Code. \J.� �� R� 1�' -�-a�.L �e.� 3�,- u-lo�� -r-a �-,�.�� t.�_so�_ oF o�cL �e�.�ac.� Sc� ��a .-�-E. -�.�,� ,�� .�. -c�-��.� �� au..o�1� a, 8r M�A-x.�+��n }�E.s��H-r�� se�ss�ae, rt"'�� c�n�,.t �.1� —��.. �� r��s.,� 1�.1�� t�-c� +R�e,er�� k �ad�� .-,� c� d� d� _&�� .�. �tE 1Ftoc�u� P+nfl-�•�-�-'��a ��-_ 6. Please submit a current survey of your property. You must indicate the proposed addition, including new proposed building and structure setbacks, on the survey. A copy of Golden Valley's survey requirements is available upon request. Please note that this application is considered incomplete without the submittal of a current property survey. 7. Please submit at least one current calor photograph af the area affected by the proposed variance. Yau may attach a printed photograph to this application, or you may email a digital image to plannin�@�oldenvallevmn.�av, You may submit additional photographs as needed. To the best of my knowledge the statements found in this application are true and correct. I also understand that unless construction of the action applicable to this variance request, if granted, is not taken within one year,the variance expires. I have considered all options afforded to me through the City's Zvning Code, and feel that there is no alternate way to achieve my objective except to seek a variance to zoning rules and regulations. I give permission for Golden Valley staff, as well as members of the Board of Zoning Appeals,to enter my property prior to the public hearing to inspect the area affected by this request. .�, Signature of Applicant If the applicant is not the owner of all property involved in this application, please name the owner of this property: Print Name of owner Signature of owner $150 Application Fee Attached Please note: The City of Golden Valley will send notice of your variance request to all adjoining property owners as well as awners of properties directly across streets or alleys. Your neighbors have the right to address the Board vf Zoning Appeals at your public hearing. You are advised to personally contact your neighbors and explain your project to them prior to the public hearing.