09-29-15 BZA Minutes
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
September 29, 2015
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
September 29, 2015, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota.
Chair Perich called the meeting to order at 7:05 pm.
Those present were Members Maxwell (arrived at 7:15), Nelson, Orenstein Perich and
Planning Commission Representative Blum. Also present were Associate Planner/Grant
Writer Emily Goellner, and Administrative Assistant Lisa Wittman.
I. Approval of Minutes
– August 25, 2015 Regular Meeting
MOVED
by Nelson, seconded by Perich and motion carried unanimously to approve the
August 25, 2015, minutes as submitted. Blum abstained from voting.
II. The Petition(s) are:
3235 Kyle Avenue North
Dennis K. Dienst, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(1) Front Yard Requirements
3.41 ft. off of the required 35 ft. to a distance of 31.59 ft. at its closest point to
the front yard (east) property line.
Purpose:
To allow for the construction of a front porch/entryway addition.
Goellner referred to a survey of the property and explained the applicant’s request to
construct an 8 ft. x 10 ft. foot porch/entryway addition on the front of their home. The
proposed addition would be located 31.59 feet away from the east property line rather
than the required 35 feet. She added that staff is recommending approval of the
requested variance finding that this small addition would not compromise the essential
character of the locality and it is a reasonable location on the home for an entryway.
Dennis Dienst, Applicant, explained that their existing front entryway is only 8 square feet
in size and it opens right into the living room. He added that they also have a fireplace
right by the front entry that they aren’t able to use because of the wind that comes in from
the front door.
Perich opened the public hearing. Hearing and seeing no one wishing to speak, Perich
closed the public hearing.
Minutes of the Golden Valley Board of Zoning Appeals
September 29, 2015
Page 2
Nelson noted that there are other houses located on Kyle Avenue that are closer to the
front property line than the required 35 feet. She stated that normally the Board is very
sensitive to front yard setback requirements, but this proposal will improve the look of the
house and it meets all of the criteria the Board considers when granting variances. The
Board agreed.
MOVED
by Nelson, seconded by Blum and motion carried unanimously to approve the
variance request for 3.41 ft. off of the required 35 ft. to a distance of 31.59 ft. at its closest
point to the front yard (east) property line to allow for the construction of a front
porch/entryway addition.
5545 Golden Valley Road
Paulette Belgarde, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(C) Side Yard Requirements
6.4 ft. off of the required 12.5 ft. to a distance of 6.1 ft. at its closest point to the
side yard (east) property line.
Purpose:
To allow for the construction of a home office addition.
Goellner referred to a survey of the property and explained the applicant’s request to
construct a 6 ft. x 7 ft. addition on the northeast corner of the house. She stated that the
applicants have said their unique circumstances are that there is a limited area on which
to build, there is a steep slope and the driveway on the other side of the house, and there
are large trees in the rear yard. She stated that staff is recommending approval of the
requested variance as it will not compromise the essential character of the locality.
Perich asked if the existing fence along the east side of the property is on the property
line. Goellner said she believes so.
Blum asked if the property next door to the east (1415 Lilac Drive) is a business use.
Goellner said yes, and added that the property to the south is also zoned Business and
Professional Offices.
Maxwell asked if the property is also unique because of its oblong shape. Goellner said
yes and stated that it is also a steep and narrow property.
Nelson questioned if the proposed location of the addition is really the only place to build
an addition. Goellner said yes, the front east corner or the back east corner of the house
are really to the only places to add anything onto the house.
Kevin Vereecke, Studio Bauen, stated that the homeowner has seven children and every
inch of the home is utilized. He reiterated that they can’t build on the west side of the
house because of the driveway and stated that the proposed addition won’t affect the
Minutes of the Golden Valley Board of Zoning Appeals
September 29, 2015
Page 3
aesthetics of the area. He added that the neighboring property owners have said the
proposal is ok with them. He referred to the existing fence along the east property line and
confirmed that it is located right on the property line.
Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich
closed the public hearing.
Orenstein said he is supportive of the variance because it seems like a minimal request
and it borders an office building. Nelson agreed and added that there are also unique
circumstances regarding the grade and the narrowness of the lot.
MOVED
by Maxwell, seconded by Perich and motion carried unanimously to approve a
variance for 6.4 ft. off of the required 12.5 ft. to a distance of 6.1 ft. at its closest point to the
side yard (east) property line to allow for the construction of a home office addition.
1929 Glenwood Parkway
Rick Wilson, Riverside Construction, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(C) Side Yard Requirements
8.5 ft. off of the required 12.5 ft. to a distance of 4 ft. at its closest point to the
side yard (east) property line.
Purpose:
To allow for the construction of a garage addition.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(2) Rear Yard Requirements
1.7 ft. off of the required 25 ft. to a distance of 23.3 ft. at its closest point to the
rear yard (north) property line.
Purpose:
To allow for the construction of a garage addition.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(D)
Side Wall Articulation Requirements
City Code requires any wall longer than 32 feet in length to be articulated. The
applicant is asking that the proposed new east wall be 57.5 feet in length without
articulation.
Goellner referred to the survey of the property and explained the applicant’s request to
remove their existing garage and replace it with a new two-stall garage that will measure 24
ft. x 20.8 ft. in size. The current garage is 20 ft. x 20.8 ft. in size. She explained that the
proposed new garage would be 23.3 feet from the rear yard property line, rather than the
required 25 feet, 4 feet from the side yard property line, rather than the required 12.5 feet,
Minutes of the Golden Valley Board of Zoning Appeals
September 29, 2015
Page 4
in order to follow the same plane as the east wall of the house, and would create a wall that
would be 57.5 in length without articulation.
Perich asked about the size of a typical two-stall garage. Goellner said a typical two-stall
garage is anywhere between 20 ft. x 20 ft. to 24 ft. x 24 ft. in size. Nelson noted that the
proposed garage will be the size of a standard two-stall garage.
Rick Wilson, Riverside Construction, representing the homeowner, explained that the
homeowners want to have a 24 ft. x 24 ft. wide garage. He said he doesn’t think it is
unreasonable to match the existing plane of the east side of the house, and that the
requested variances will allow the homeowner to use the garage space more reasonably.
Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich
closed the public hearing.
Maxwell said there are number of unique circumstances and features with the property and
the request is reasonable. He added that it doesn’t make sense to articulate the last two
feet of the proposed new garage. The Board agreed.
MOVED
by Maxwell, seconded by Nelson, and motion carried unanimously to approve the
following variance requests:
8.5 ft. off of the required 12.5 ft. to a distance of 4 ft. at its closest point to the side yard
(east) property line to allow for the construction of a garage addition.
1.7 ft. off of the required 25 ft. to a distance of 23.3 ft. at its closest point to the rear yard
(north) property line to allow for the construction of a garage addition.
The proposed new east wall is allowed to be 57.5 feet in length without articulation.
408 Natchez Avenue South
Chris Miller, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(b) Side Yard Requirements
7.1 ft. off of the required 12.5 ft. to a distance of 5.4 ft. at its closest point to the
side yard (east) property line.
Purpose:
To allow for the construction of a garage/home addition.
Goellner referred to a survey of the property and explained the applicant’s request to
construct a second garage stall with living space behind it, onto the existing one-stall
garage. She stated that the applicant has said his unique circumstances include that the
Minutes of the Golden Valley Board of Zoning Appeals
September 29, 2015
Page 5
garage side of the house was built closer to the south property line, and that his house is
one of the only homes in the area with a one-stall garage.
Perich asked when the home was built. Chris Miller, Applicant, said the home was built in
1952.
Perich asked if the house on the lot to the south is too close to side yard property line.
Goellner said she didn't know, and that the side yard setback requirement depends on the
width of the lot, but it does appear to be close to the property line as well.
Blum questioned why the proposed addition behind the garage doesn't require a variance.
Goellner explained that variances are given for a structures closest point to the property
line. She added that the addition behind the garage would be further away from the side
yard property line than the garage in order to meet the articulation requirement.
Miller explained his request to add a second garage stall. He stated that the neighbor to
the south was concerned about this proposed addition so he offered to extend the tree
line along the property line in order to provide screening.
Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich
closed the public hearing.
Nelson stated that she is typically in favor of grating variances in order to construct a
second garage stall.
Maxwell stated that a two-stall garage would be more in character with the houses in the
area. The Board agreed.
MOVED by Maxwell, seconded by Nelson and motion carried unanimously to approve the
variance request for 7.1 ft. off of the required 12.5 ft. to a distance of 5.4 ft. at its closest
point to the side yard (east) property line to allow for the construction of a garage/home
addition.
III. Other Business
No other business was discussed.
IV. Adjournment
The meeting was adjourned at 7:38 pm.
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David Perich, Chair Lisa ittman, Administrative Assistant