11-25-14 BZA Minutes Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
November 25, 2014
A regular meeting of the Golden Valley Board af Zoning Appeals was held on Tuesday,
November 25, 2014, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota.
Chair Maxwell called the meeting to order at 7 pm.
Those present were Members Maxwell, Nelson, Orenstein, Perich and Planning
Commission Representative Kluchka. Also present were Associate Planner/Grant Writer
Emily Goellner, and Administrative Assistant Lisa Wittman.
I. Approval of Minutes — September 23, 2014, Regular Meeting
MOVED by Nelson, seconded by Perich and motion carried unanimously to approve the
September 23, 2014, minutes as submitted.
II. The Petition(s) are:
1309 Tyrol Trail
Cvnthia Cattell and John Wvqant, Applicants
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(b) Side Yard Setback Requirements
• 2.5 ft. off of the required 12.5 ft. to a distance of 10 ft. at its closest point to
the side yard (southwest) property line.
Purpose: To allow for the construction of a screen parch addition.
Goellner referred to a site plan of the property and explained the applicant's request to
construct a screen porch addition on the southwest side of their home. The proposed
addition would be located 10 ft. from the side yard property line rather than the required
12.5 feet. She added that the stairs on the proposed screen porch are allowed to
encroach into the setback area.
Goellner said that the applicants stated in their application that the unique
circumstances in this case are the way the house was situated on the property, the fact
that this a corner lot, and the fact that the proposed porch would be inaccessible from
any other side of the home.
Nelson asked about the dimensions of the proposed new porch. Goellner said it will be
approximately 11 ft. x 12 ft. in size.
Orenstein asked if the proposal received consent from the neighbars. Goellner
explained that consent by the neighbors is not required, but that the neighbors did
receive a hearing notice regarding this meeting.
Minutes of the Golden Valley Board of Zoning Appeals
November 25, 2014
Page 2
Maxwell asked about the existing tree that is located near the proposed new porch.
John Wygant, Applicant, said they like the tree and they want to keep it.
Maxwell asked Wygant if he has talked with his neighbors about this proposal. Wygant
said yes, and that the neighbors have said they are fine with what he is proposing.
Nelson asked if the proposed porch would be visible from either street. Wygant said no.
Maxwell referred to the application and asked the applicant to address the option of
angling the proposed porch so that a variance would not be required. Wygant stated
that is one option they considered, however the screen porch would be awkward, and
not rectangular� in shape if they did that. Laura Orfield, Designer/General Contractor for
the proposal, added that if the proposed porch were built at an angle in order to meet
the setback requirements, the porch would be much smaller and would look strange.
Nelson referred to the criteria the Board the uses when considering variances and
stated that this lot shape is unique, where the house sits an the lot is unique, the porch
will be somewhat hidden from view, and the applicant has examined other alternatives.
Maxwell asked why a porch couldn't be built on top of the existing garage. Wygant
stated they would have to build three steps up in order ta access the top of the garage
and that the ceilings are not high enough to do that. He stated that it would also cause
problems with the layout of the dining room. Orfield added that it would also interfere
with building code requirements regarding the step height. She stated that putting a
porch above the garage would be very visible from the street, would look monstrously
huge and unattractive from all sides, and would be oversized for the era of this home.
Kluchka asked why the porch couldn't just be built smaller without the angled side.
Wygant stated that the porch they are proposing is already pretty small. Orfield added
that building the porch without the angled wall would make the dimensions
approximately 9 ft. x 12 ft. which would make the space awkward.
Maxwell asked the applicant to address any other unique features of the property.
Orfield stated that the house is set far back on the lot, the plans have already been
approved by a structural engineer so the applicants don't want to waste the money they
already spent, and with Mr. Wygant's wife's health issues this is the only way for her to
go outside.
Perich asked when the existing patio was built. Wygant said he wasn't sure, but that it
was built before they bought the house.
Maacwell opened the public hearing. Seeing and hearing no one wishing to comment,
Maxwell closed the public hearing.
Nelson stated that there are many house in this neighborhood that would require
variances according to today's requirements. She said she thinks the proposal is in
harmony with the intent of the ordinance, the Comprehensive Plan and the
neighborhood. The proposal is reasonable, the property has a steep slope, and the
Minutes of the Golden Valley Board of Zoning Appeals
November 25, 2014
Page 3
existing patio already has a bigger impact than the proposed porch will, so she is in
favor of granting the requested variance. Kluchka said he doesn't think a slope on the
property means that they can't meet the requirements.
Perich said the unique feature to him is where the house was placed on the lot and if
the proposed porch were smaller it wouldn't really be worth building. He added that the
unique circumstances in this case were not caused by the landowner and that the
proposed porch won't alter the essential character of its locality. Orenstein agreed that
the proposal is reasonable.
Kluchka stated that the existing patio already encroaches more than the proposed
porch will and that this proposal won't make the situation worse. He agreed that the
proposal is reasonable.
MOVED by Nelson, seconded by Orenstein and motion carried unanimously to approve
the variance request for 2.5 ft. off of the required 12.5 ft. to a distance of 10 ft. at its
closest point to the side yard (southwest) property line to allow for the construction of a
screen porch addition.
III. Other Business
Maxwell suggested that since Andy Johnson is no longer on the Board, he would be the
Chair and the Board should elect a new Vice Chair. Nelson nominated Perich to be the
Vice Chair, Perich accepted and the Board unanimously agreed.
IV. Adjournment
The meeting was adjourned at 7:24 pm.
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� eor Ma ell, hair Li Wittman, Administrative Assistant