04-25-17 BZA Agenda Board of Zoning Appeals
Regular Meeting
Tuesday, April 25, 2017
7 pm
7800 Golden Valley Road
Council Chambers
I. Approval of Minutes— February 28, 2017, Regular Meeting
II. The Petition(s) are:
6484 Westchester Circle
Meredith Freeman, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District,
Subd. 11(A)(1) Front Yard Setback Requirements
• 3.23 ft. off of the required 35 ft. to a distance of 31.77 ft. at its closest point to
the front 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(A)(3)(a) Side Yard Setback Requirements
• 4.37 ft. off of the required 15 ft. to a distance of 10.63 ft. at its closest point to
the side yard (east) property line.
Purpose: To allow for the construction of a garage addition.
III. Other Business
IV. Adjournment
Tl�is document is availabie in alternate formafs upon a 72-haur request.Please call �
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
February 28, 2017
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
February 28, 2017, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota.
Chair Perich called the meeting to order at 7 pm.
Those present were Members Maxwell, Orenstein, Perich and Planning Commission
Representative Segelbaum. Also present were Associate Planner/Grant Writer Emily
Goellner and Administrative Assistant Lisa Wittman. Member Nelsc�n was absent.
I. Approval of Minutes— January 24, 2017, Regular Meeting
MOVED by Baker, seconded by Perich and motion carried tc� approve the January 24,
2017, minutes as submitted. Segelbaum abstained.
II. The Petition(s) are:
1509 Alpine Pass
James Rutherford, Applicant
Request: Waiver from Secfion 1'1,21, Single Family Zoning District,
Subd. 10 Impervious Surf`ace Requirements
• 2.55% more than the alltawed maximum total impervious surFace of 50% of
the lot area.
Purpose; To allow far the canstruction of a driveway expansion.
Goellner reminded the Board that this property received variances in December to
construct a garage, master bedroom/bathroom, and porch/office addition. She stated that
the applicant is now pr�posing a driveway expansion and is seeking a variance to have
more imper+Eious surface than the maximum amount allowed. She added that the proposed
driv�way shown on the plans in December was narrower and did not require a variance.
Segelbaum asked about the variances approved in December. Goellner stated that the
applicant was granted a variance to allow a garage addition to be located approximately 10
ft. from the north side yard property line and a variance to allow a house addition to be
located approximately 9 ft. from the south side yard property line.
Goellner referred to a survey of the property and explained the applicant's current proposal.
She noted that the Zoning Code allows lots to have a total impervious surface coverage
amount of 50%. The existing impervious surface amount on the property is 44.7%. After
the approved building additions are constructed the impervious surface amount will be
47.18% and if the proposed driveway expansion is allowed the total amount of impervious
surface would be 52.55%.
Minutes of the Golden Valley Board of Zoning Appeals
February 28, 2017
Page 2
Goellner explained that the proposed width of the new driveway is 27 ft. and the maximum
width allowed by the Engineering Division is 25 ft. measured at the back of the driveway
apron. Segelbaum asked if the 25-foot driveway width is addressed in the City Code or if it
is an Engineering requirement. Goellner said it is her understanding that it is an
Engineering policy. Segelbaum asked if the allowed driveway width is also 25 feet for
properties with three garage stalls. Goellner said yes, and reiterated that the width of the
driveway is measured at the back of the driveway apron but driveways can be wider
beyond that point. Maxwell asked why the width requirement is 25 ft. Goellner said it is a
best practice to try and limit the amount of impervious surFace on a property and keep
visual green space on each lot.
Maxwell said it seems like the applicant could access the proposed second garage stall
with the first proposal he submitted. Goellner agreed and said the applicant has stated that
the unique circumstances are that the challenging topography requ�res a large driveway in
order to drive in at an angle and that the relatively small lot limits the amount c�f impervious
surface he can have. She stated that staff is recommending denial of the requested
variance because there are other options available that would work and meet the
requirements of the Code. She showed the Board severaf pictures of,properties in the area
that have steeper slopes with driveways that are le�s than 27 ft. in width. She added that if
the Board approves the requested variance staff recommends adding a condition of
approval to mitigate negative visual and enviranmental effects: Possible options for this
particular project could include one of the following: planting new trees to mitigate the
removal of the two large trees that provide stormwater infiltration and other benefits at a
ratio of 2:1 or 1:1, or the applicant cc�uld construct or install one stormwater management
tool of their choice, including vege#ated swale/depression, rain barrel, rain garden, or
French drain.
Orenstein asked if the existing large pin�; tree near the street will be removed. Goellner
said yes. Maxwell asked if that tree could stay if the driveway were narrower. Goellner said
probably not, because theproposed garage addition and any driveway expansion would
probably call for the removal of that:tree.
Segelbaum asked about the amount of impervious surFace on other parts of the property.
Goellner referr�d the survey of the property and pointed out a patio, sidewalk, stairs, and
planters that are all cantributing to the amount of impervious surface. She added that the
applicant is proposing to add a new grass area behind the garage addition. Segelbaum
asked if the proposed new deck shown on the surface is pervious. Goellner said yes, if
what is underneath it is pervious as well.
Segelbaum asked if the houses are typically larger compared to their lots in this area.
Goellner said no, the houses in this area are typically smaller compared to their lots, but
there are many retaining walls in the area.
James RutherFord, Applicant, said this is a strange shaped lot and there are a lot of big
homes in the neighborhood that are double the value. He said they bought this small house
with plans to do renovation and modernize the home and they want to have a simple entry
and exit into the new garage. He stated that when backing out of their garage it is tight
between the retaining walls. He gave the Board a photo of his driveway that showed the
Minutes of the Golden Valley Board of Zoning Appeals
February 28, 2017
Page 3
retaining walls and said that they have nicked their car doors on the walls. He also stated
that a person's van has slid down the driveway into the street and he has spun out trying to
climb the driveway so he needs a straight shot up the driveway because turning could
cause sliding and accidents. He explained that the driveway expansion they are proposing
would go 1 to 2 ft. beyond the edge of the garage entry and won't end right at the edge of
the new garage stall. He stated that there was confusion with the plans at the meeting in
December, but the plans he submitted for this variance request are the plans he always
meant to propose. He said they care about the look of the house and with the
house/garage addition two trees will need to be removed. One of the trees has aJot of
dead branches and would need to be removed anyway. He said he would be happy to
plant new trees and added that there are many trees in the backyard and there is pervious
surface under the proposed new deck.
Mandy Rutherford, Applicant, said the high retaining walls on both sides of the driveway
have been dangerous to alpine skiers in the neighborhood and'she would love to have
extra room to be able to see better because it is dangerous.
Segelbaum asked the applicants if they had considered installing a �ervious driveway
instead. Mr. RutherFord said they have thought about it, but considering the incline of the
driveway he is concerned about longevity and if it would wash away. Ms. Rutherford
reiterated that they have explored the idea vf a pe�ic�us driveway but they've been warned
against it because of the incline of the driveway.
Perich asked the applicants if they,had thought about moving the retaining walls, because
they would still be an issue even with a new driveway. Mr. Rutherford said if they expand
their driveway there would only be`a retaining wall on one side of it because they are going
to grade the other side diff�rently.
Segelbaum asked the applicants if they have thought about removing the concrete patio in
the back yard. Mr. Rutherford said it really isn't a patio, it is part of an addition done in the
1960s. Maxwell asked if the patia �s;,part of the basement. Mr. Rutherford said yes, it is
really a ceiling and there have t�een some drainage issues.
Segelbaum asl�ed the app(icants if the steps in the front yard could be replaced with a
pervious material. Mr. Rutherford said the front steps match the rest of the property.
Segelbaum asked about the concrete around the landscaping. Ms. Rutherford stated that
the house is built into the landscaping in the back yard.
Mr. Rutherford handed out emails of support from the neighbors to their right and left. He
said he hatl a conversation with the Engineering staff who said the plans look good and
make sense.
Segelbaum referred to some existing steps on the driveway side of the property and asked
if those will be removed. Mr. Rutherford said they will be removed, but the new
garage/house addition will be in that space. Ms. Rutherford added that there are also some
steps in the back yard that are part of landscaping, but lead to nowhere. Orenstein noted
that removing the steps that lead to nowhere might be enough to get the property under the
50% of impervious surface allowed. Ms. Rutherford said she thinks those steps are already
Minutes of the Golden Valley Board of Zoning Appeals
February 28, 2017
Page 4
pervious. Mr. Rutherford agreed that the steps have probably been improperly classified as
impervious because there is dirt and plants on the steps. Goellner said she could work with
the architect to help figure out if the steps are pervious or not. Orenstein said he thinks that
would be the simplest solution because the applicant's only need to remove 225 square
feet of impervious surface to make the plan work.
Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich
closed the public hearing.
Maxwell suggested tabling the proposal in order to get a re-calculation of the amo�nt of
impervious surface. Orenstein agreed. Segelbaum said he would be willirtg to table the
proposal as well, but he would be inclined to deny this plan because if they da some re-
calculations, it might work and he doesn't like the idea of a huge driveway on this property.
Perich said he would be inclined to deny this proposal because there are many ofher
options.
MOVED by Segelbaum, seconded by Maxwell and motion carried unanimously to table this
request.
III. Other Business
Discussion of 2017 Board of Zoning Appeals Bylaws
Goellner stated that the City Council is considering appointing a teen member to each
board and commission. She expfained that a te�n member on the BZA would not be a
voting member they would just observe. She added that the Planning Commission
discussed this at their last meeting and the consensus was not to appoint a teen member
to the BZA because they vate on things that affect property owners directly.
Segelbaum stated that th�e Planning Commission's sentiment was that a teen member
would not be equipped to make the types of decisions that the BZA makes. He said the
Planning Commission f�lt that a t�en member could be helpful on other boards and
commissions and that it rnay be worthwhile for a teen to observe, but not to participate in
BZA mestings. He added that the Planning Commission also discussed being mentors to
teens and bringing them to BZA meetings with them to observe.
IV. Adjournment
The meetin;g was adjourned at 7:49 pm.
David Perich, Chair Lisa �ttman, Administrative Assistant
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Ph�s�eal D+��+�lopmertt I�epa�trnent
7t53-593-8€I'95 t 763-s'�3-e"I t39(fax}
Date: April 25, 2017
To: Golden Valley Board of Zoning Appeals
From: Emily Goellner, Associate Planner/Grant Writer
Subject: 6484 Westchester Circle
Meredith Freeman, Applicant
Introduction
Meredith Freeman, owner of the property at 6484 Westchester Circle, is seeking two variances from
the City Code to expand the garage on her property. The applicant is seeking the following variances
from City Code:
,
Variance Request City Code Requirement
" The applicant is requesting a variance of � Section 11.21, Single Family Zoning District, Subd.
; 3.23 feet off of the required 35 feet to a j 11(A)(1), Front Yard Setback Requirement: the
distance of 31.77 feet at its closest point � minimum front yard (north) setback requirement is
to the front yard (north) property line. 35 feet.
The applicant is requesting a variance of � Section 11.21, Single Family Zoning District, Subd.
4.37 feet off of the required 15 feet to a � 11(A)(3), Side Yard Setback Requirement: the
distance of 10.63 feet at its closest point � minimum side yard (east) setback requirement is 15 :
; to the side yard (east) property line. feet.
Background
• The applicant would like to expand the garage to accommodate a third garage stall. The lot is
approximately 18,500 square feet and zoned for Single-Family Residential use.
• The existing garage is approximately 20 feet wide and 22 feet long,totaling approximately
440 square feet. The proposed garage addition is approximately 11 feet wide and 22 feet
long, totaling approximately 242 square feet. The size of the proposed three-stall garage
would be 682 square feet.
• The existing two-stall garage is located 32.17 feet from the front yard (north) property line,
but the required setback is 35 feet. The proposed front yard setback for the garage addition
is 31.77 feet.
• The existing two-stall garage is located 21.63 feet from the side yard (east) property line and
the proposed setback with the addition is 10.63 feet. The required setback is 15 feet.
• The home to the east, 6490 Westchester Circle, is located 39.21 feet from the property line.
• The applicant stated that a three-stall garage is preferred in order to fit two cars and other
items such as tools, bicycles, strollers, and other similar items. It is noted that several other
properties in the area have three stall garages.
• The applicant notes that while the lot is relatively large and includes a significant amount of
open space in the back yard, the side yard space is limited due to the shape of the lot and
the placement of the existing home.
Analysis
In reviewing this application, staff has maintained the points of examination to the considerations
outlined in Minnesota State Statute 462.357, requiring that a property exhibit "practical difficulties"
in order for a variance to be granted. In order to constitute practical difficulties:
1. The property owner must propose to use the property in a reasonable manner
The expansion of the garage to accommodate a third garage stall constitutes a reasonable
use of the property.
2. The landowners' problem must be due to circumstances unique to the property that is not
caused by the landowner
Staff finds that there are not any unique circumstances to the property that constitute a
practical difficulty. The lot is relatively large in size. While there is a slope in the back yard,
there is adequate space on the lot for a shed or a smaller garage addition.
3. And the variance, if granted, must not alter the essential character of the locality
The proposed garage expansion would not alter the essential character of the locality since a
10.63 foot setback is somewhat common in this neighborhood. Many houses in the
neighborhood have three-stall garages. Some property owners have received variances for
practical difficulties caused by constricted lot shapes and sizes as well as topography.
Additionally, staff assesses whether other options are available to meet the applicant's needs
without requiring a variance. Since the third garage stall will be used to store tools and other items
intended for outdoor use, the applicant has the option to build a small shed in the rear or side yards
to store these items. Lastly, staff assesses whether the proposal requests the smallest variance
necessary to meet the applicant's needs. Staff finds that the size of the proposed addition is the
standard size for a garage addition. Reducing the size of the addition is possible if only tools and
other items are stored there.
Recommendation
• Staff recommends denial of the request for a variance of 3.23 feet off the required 35 feet to
a distance of 31.77 feet from the front yard (north) property line.
• Staff recommends denial of the request for a variance of 4.37 feet off the required 15 feet to
a distance of 10.63 feet from the side yard (east) property line.
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Street address of property in this application:
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Name(individual,or corporate entitiy):
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Provide a detailed description of the variance(s)being requested:
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addition(s),and description of proposed alteration(s)to property:
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Minnesot�State Statue 4b2.357 requires that a �rop�rty�xhikait"�ractical difficulties'" in ard�r for�vari�nce�a i�e ce�n�id ere�. Pra�tica.l '
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� result in a use that is reasonable
Y-• are based an a prablem that'is unique to�he properEy
�-• are not caused by the landawn�r
a'• do not alter the essential character of the locality :
To demonstrate haw your rsquest will comply with Minnesota Stat�Statute 4bz.357, please respand'tc�the folfowing que�tians.
Explain the need for your variance request and how it will result in a reasonable use of the property.
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What is unique about your property and how do you feel that it necessitates a variance?
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Explain how the need for a variance is based on circumstances that are not a result of a landowner action.
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Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole.
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The City requests that you consider all available project options permitted by the Zoning Code before 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 from the Zoning Code.
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Curren#survey of ynur prdperty,in�luding;�rQp4s�d ac�diticrn and new prapased buildirrg and structure setbacks(a ccspy c�f Gc�lden '
Valley's sur+rey requi�ern�nts is available upon request;applicatiQn considered incc+mplete withdut a curr�nt prc�perty sur�rey}'
= Qne current color photograph oF the area affected by#he propas�;d varianc�(attach a printed phatcrgraph to this a�r�alicatic�n or
email;a digital ima�e to planning@gpldenwalleymn.gou;submit additional phcrtflgraphs as needed)
�eQ:$zo4 ap�lication€e�fvr SingCe';Family Residential,$3t�o applicatic�n f€�e far a(I other Zcinir�g I�istricts
' Le�al slescriptian:�xact leg�!descripti�sn cif the lan�involved in this app[icatian,(at�a�h'a s�parate sheet if necessary);
.
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 Zoning Code and feel 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 before the public hearing to inspect the area affected by this request. Please include printed name,signature,and date for ap-
plicant,authorized representative(if other than applicant),or property ower(if other than applicant).
Name of Applicant(please prin ): �U'CQ�,I'�-�1 �Y'-�P.tN�OW�
Signature of Applicant: � Date: �' �'�
Aufharized Repre�ent�tive(i#ot er#han applican#) '
Name(please print):
Signature: Date:
Property Owner(if other�han appticantj
Name(please print):
Signature: Date:
P(ease note:The City of Golden Valley will send notice of your variance request to all adjoining property owners as well as owners of
properties directly across streets or alleys. Your neighbors have the right to address the Board of Zoning Appeals at your pubfic hearing.
You are advised to personafly contact your neighbors and expfain your project to them before the pubfic hearing.
� This document is available in alternate formats upon a 72-hour request.Please cafC 7b3-593-8�06(TfY:763-593-3968}tQ
make a request. Examples of altecnate formats may includE large print,electronic,BraiUe,audiocassette,etc. ' �:
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