05-24-16 Minutes Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
May 24, 2016
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
May 24, 2016, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Perich called the meeting to order at 7:03 pm.
Those present were Members Maxwell, Nelson, Orenstein, Perich and Planning
Commission Representative Waldhauser. Also present were Associate Planner/Grant
Writer Emily Goellner, and Administrative Assistant Lisa Wittman.
I. Approval of Minutes—April 26, 2016, Regular Meeting
MOVED by Orenstein, seconded by Maxwell and motion carried 4 to 1 to approve the
April 26, 2016, minutes as submitted. Waldhauser abstained.
II. The Petition(s) are:
6100 Olson Memorial Highway
Verizon Wireless, Applicant
Request: Waiver from Section 11.36, Industrial Zoning District, Subd. 6 (C)(3)
Setback Requirements
• 4.5 ft. off of the required 20 ft. to a distance of 15.5 ft. at its closest point to
the rear yard (north) property line.
Purpose: To allow for the construction of a telecommunications tower.
Request: Waiver from Section 11.36, Industrial Zoning District, Subd. 6 (C)(3)
Setback Requirements
• .3 ft. off of the required 20 ft. to a distance of 19.7 ft. at its closest point to the
rear yard (west) property line.
Purpose: To allow for the construction of a telecommunications tower.
Goellner informed the Board that the applicant for this proposal withdrew their application
and submitted plans for a telecommunications tower that meets setback requirements.
1015 Quebec Avenue North
Walter Swierczek, Applicant
Request: Waiver from Section 11.65, Shoreland Management Subd. 5(A)
Setback Requirements
• 6 ft. off of the required 50 ft. to a distance of 44 ft. at its closest point to the
Ordinary High Water Line along the south property line.
Minutes of the Golden Valley Board of Zoning Appeals
May 24, 2016
Page 2
Purpose: To allow for the construction of a new porch.
Goellner referred to a location map of the property and explained the applicant's request
to remove an existing non-conforming deck and replace it with a front porch in the same
location. She stated that the required setback from the Ordinary High Water Line is 50 ft.
and the applicant is proposing to construct the porch 44 ft. from the Ordinary High Water
Line of Bassett Creek.
Goellner noted that the applicant's stated unique circumstance is that due to the City's
stream bank stabilization project, the Ordinary High Water Line of the creek has changed.
Goellner explained that the applicant submitted a survey from 1994 showing that the
porch currently being proposed would have met the 50-foot setback requirement at that
time. She explained that if the City worsens a non-conforming setback with a public
improvement project a property owner is entitled to obtain a variance by right for the non-
conforming setback.
Goellner stated that staff is recommending approval of the requested variance due to the
City's stabilization project, the triangular shape of the lot which restricts the buildable area,
the existing deck was built by a previous owner, and the location of the existing house and
the topography on the lot is challenging. She added that the proposed porch is reasonably
sized and will provide a typical front entrance to the house.
Waldhauser noted that the stream bank stabilization project made most areas of the creek
more meandering, but this section of it may have been straightened because the homes
on the opposite side of this home are much closer to the creek.
Walter Swierczek, Applicant, said he has lived in this home for 14 years and would like to
put a front entry on the house. He said he has been discussing his proposal with the City
since February and that the only other thing he can do without a variance is put a 25
square foot landing where the deck is currently located. He said he thinks the existing
deck is 42 ft. away from the Ordinary High Water Line and the proposed new porch will be
44 ft. away and no matter what he builds, it would still be located within the 50 ft. setback
area.
Waldhauser asked about the dimensions of the proposed porch. Swierczek said it will be
18 ft. x 6 ft. in size. Waldhauser asked Swierczek if he has checked the soils to make sure
it can support the proposed porch. Swierczek said yes.
Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich
closed the public hearing.
MOVED by Nelson, seconded by Maxwell and motion carried unanimously to approve
the variance request for 6 ft. off of the required 50 ft. to a distance of 44 ft. at its closest
point to the Ordinary High Water Line along the south property line.
Minutes of the Golden Valley Board of Zoning Appeals
May 24, 2016
Page 3
6824 Knoll Street North
Alex Barnett, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11
(A)(3)(a) Side Yard Setback Requirements
• 7.6 ft. off of the required 15 ft. to a distance of 7.4 ft. at its closest point to the
side yard (east) property line.
Purpose: To allow for the construction of a two-stall garage.
Goellner referred to a survey of the property and explained the applicant's request to
construct a second garage stall 7.4 ft. away from the side yard property line that would
line up with the edge of the existing driveway. She stated that the applicant is also
proposing to have 36-inch wide eaves on the garage addition in order to match the size
of the eaves on the rest of the house. She stated that the Zoning Code allows 30-inch
wide eaves/overhangs to be located in the setback area.
Goellner noted that the applicant's stated unique circumstances include the fact that the
home was built with a one-stall garage, a detached garage located in the rear yard
would not be as practical, and 36-inch wide overhangs already exist on the rest of the
home. She stated that staff is recommending approval of the requested variance
because it is unique to have a one stall garage, the home was not built by the current
landowner, the proposed size of the two-stall garage is reasonable and consistent with
the homes in the neighborhood, and the existing home has 36-inch wide eaves.
Waldhauser asked if the neighboring property to the east was informed of this proposal.
Goellner said a hearing notice for this meeting was sent to them. She added that the
neighboring home to the east is located approximately 19 ft. from the property line.
Alex Barnett, Applicant, stated that it would be nice to be able to put two cars in a
garage. He stated that this is the only house in the neighborhood with a one-stall
garage so his proposed garage would fit in better with the rest of the homes around his
if it has two-stalls. He added that the homes on both sides of his also have 36-inch wide
eaves and that they have said they are ok with his proposaL
Waldhauser asked if there will be a wall between the two garage stalls. Barnett said no,
the space will be open inside and it will have one 16-foot wide garage door.
Waldhauser asked if the space will be used to store a boat. Barnett said yes, he would
like to put his boat in the garage in the summer and only have one car outside.
Perich opened the public hearing. Seeing and hearing no one wishing to comment,
Perich closed the public hearing.
Nelson said the Board usually does what it can to allow people to have two garage
stalls. She added that a detached garage would be much more impactful to the
neighborhood. Perich agreed and said that in regard to the request for 36-inch wide
Minutes of the Golden Valley Board of Zoning Appeals
May 24, 2016
Page 4
eaves he thinks it would look odd to have one eave be a different size than the others
on the house.
MOVED by Nelson, seconded by Maxwell and motion carried unanimously to approve
the variance request for 7.6 ft. off of the required 15 ft. to a distance of 7.4 ft. at its
closest point to the side yard (east) property line.
III. Other Business
Election of Officers
MOVED by Nelson, seconded by Maxwell and motion carried unanimously to elect Perich
as Chair. Perich accepted the nomination.
MOVED by Nelson, seconded by Perich and motion carried unanimously to elect Maxwell
as Vice Chair. Maxwell accepted the nomination.
IV. Adjournment
David Perich, Chair Lisa Wittman, Administrative Assistant