06-26-12 BZA Minutes 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 Zaning Appeals was held on 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. Also present were Director of
Planning and Development Mark Grimes and Administrative Assistant Lisa Wittman.
I. Appraval 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 (12-06-091
Request: Waiver from Section 11.72 Fences Subd. 3�A)(1) Fence Regulations
• 2 ft. taller than the 4 ft. height allowed 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 location 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 to be 4 feet tall in front yards but the applicant requires a taller
fence because the home will be used as a foster home and will have children with
special needs living there so they need the taller fence for safety.
McCarty asked about the differences between a group home and foster home. Grimes
explained that both uses are permitted, per state statute, in the Single Family
Residential zoning district.
Maxwell asked if the applicant could build a 6-foot tall fence if it was located 35 feet or
more away from the front property line. Grimes said yes. Waldhauser and McCarty both
said they thought that na 6-foot tall fences were allowed in front yards at all. Grimes
explained that the 35-foot setback area is considered to be the front 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 of fencing material being used. Thamley said it will
be a no-maintenance, vinyl fence in a darker color to match the house. 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. Thomley 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 need
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 Brawdie, 7001 Olson Memarial Highway, said he is concerned that the proposed
fence will be attractive to criminals because it will provide cQVer and there is easy
access ta Olson Memorial Highway. He said this hause has been broken into in the
past and sameone 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 about the safety
of the kids. He stated that a fence on this property would alsa block his access to the
other neighbaring houses and he wauld be forced to walk in the street to visit
neighboring houses. He said he doesn't generally see 6-foot tall fences in front yards
and installing one will really change the look 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 neighborhood who have purposefully installed 6-foot high fences and
non-egress windows in their basements because Golden Valley is very poor at
enforcing its laws. She said 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 about it as a mom and
dad with children would. She agreed that the applicant shauldn't buy a house on
Highway 55 if they have children they can't control.
Grimes explained 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 Couneil 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 mak�s 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 another 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 ta 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 location 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 nat on a highway and three of them already have a
fenced-in back yard. She said this proposal does not make sense at all for anyone
involved.
Gina Hyun, 6837 Qlson Memarial Highway, said she is concerned 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 of a foster
home with staff and this is an unusual faster situation. She asked what kind of people
will be living in the house, if they are sex offenders and if children would still be able ta
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. She 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 of 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 Board's hands ar� completely tied. She
suggested people take their concerns to their State Legislature.
Nelson closed the public hearing.
III. Other Business
Election of Officers
MOVED by Maxwell, seconded by McCarty and motion carried unanimously ta continue
the current slate of afficers for anather year (Nelson as Chair and Boudreau-Landis as
Vice Ghair).
IV. Adjournment
The meeting was adjourned at 7:43 pm.
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Nancy J. Nelson, Chair Joseph S. Hogeboom, Staff Liaison