07-25-17 BZA Minutes Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
July 25, 2017
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
April 25, 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 Nelson, Orenstein, Perich and Planning Commission
Representative Blenker. Also present were Associate Planner/Grant Writer Emily Goellner
and Administrative Assistant Lisa Wittman. Member Maxwell was absent.
I. Approval of Minutes—April 25, 2017, Regular Meeting
MOVED by Orenstein, seconded by Nelson and motion carried 3 to 1 to approve the April
25, 2017, minutes as submitted. Commissioner Blenker abstained.
II. The Petition(s) are:
2800 Noble Avenue North
Alexys & Luke Eskola, Applicants
Request: Waiver from Section 11.72 Fences, Subd. 3(A)(1) Fence Height
• 2 ft. taller than the allowed 4 ft. of height along a portion of the front yard
(west) property line.
Purpose: To allow for the construction of a fence.
Goellner referred to a survey and photos of the property and explained the applicants'
proposal to build a 6-foot tall fence across a portion of the front yard. She noted that the
applicants' stated unique circumstances are that they lost a tree in the front yard that used
to provide screening, the location of their property at the intersection of Dawnview Terrace
and Noble Avenue creates a high traffic zone, the home was built on top of a hill so an
allowed 4-foot fence would not provide an adequate barrier, and landscaping instead of
building a fence would take more time and money compared to a fence project.
Goellner stated that staff is recommending denial of the proposed fence. She noted that
staff feels that the proposed fence is a reasonable use, and the T-intersection of
Dawnview and Noble is a unique circumstance, but the proposed fence would alter the
essential character of its locality. She referred to a street classification map and explained
that streets in the City that carry a higher volume of traffic are allowed to have 6-foot tall
fences in the front yard, but that does not apply in this case.
Blenker asked if a fence in a side yard could be 6 ft. tall. Goellner said yes. Blenker asked
if there is any information available about the slope of the yard. Goellner referred to
photos of the property and noted that a 6-foot tall fence in the front yard of this property
might look taller and would have more visual impact. Blenker asked if the trees shown in
the photos are still there. Goellner said she didn't know and suggested that the applicant
address that question.
Minutes of the Golden Valley Board of Zoning Appeals
July 25, 2017
Page 2
Luke Eskola, Applicant, stated that the lights from cars on Dawnview are constantly
shining their headlights into their windows especially in the winter. He said their property is
on a pretty steep slope and from the house side of the property the fence would visually
look like it is 4 ft. tall. He said his neighbors have expressed support of the proposed
fence and added that they don't want to isolate themselves from the community.
Alexys Eskola, Applicant, stated that when the trees have no leaves in the winter the
whole house is exposed. She added that there used to be a big evergreen tree in the front
yard that provided some privacy, but that tree is gone.
Mr. Eskola said his goal is to add greenery along with the proposed fence in the future and
said there are two homes down the street from his with fences in the front yard. He added
that safety is also a factor.
Orenstein asked the applicants what other alternatives they have explored. Ms. Eskola
stated that they could build up the front yard and put landscaping on top of that, but she
would have to pay to get a design plan done, so she is waiting to see if this variance
request is approved first. Orenstein said he is curious about the cost difference between
the proposed fence and landscaping. He said he doesn't think any other alternatives have
been explored. Mr. Eskola stated that they have lost four trees in the past few years and
that their options have been well thought out and they believe this is the best option. He
added that there are also power lines in their front yard that have to be considered.
Perich questioned if a 6-foot tall fence would be tall enough to block headlights from cars.
Mr. Eskola said yes, he thinks it would be.
Blenker said it would also be possible to put in a 4-foot tall fence along with landscaping
that would grow above the fence. Mr. Eskola reiterated that winter is a big factor with
landscaping and there is also more maintenance with landscaping.
Nelson asked the applicants if they had the same issues when there were trees in the
front yard. Ms. Eskola said no, and added that they felt really exposed to the
neighborhood when they lost the evergreen tree in the front yard. Nelson noted that there
are many homes along Noble that are much closer to the street than the applicants.
Orenstein said he understands and sympathizes with the applicant, but he hasn't seen
any other alternatives presented. Blenker agreed that there are other alternatives in this
case. Nelson also agreed and explained that the Board tries to be consistent when
granting variances, especially in the front yard.
Orenstein questioned if the request could be tabled to allow the applicants to get a
landscaping quote. Perich stated that cost isn't something the Board considers when
granting variances and said he doesn't want to set a precedent for others to build 6-foot
tall fences in their front yards.
MOVED by Perich, seconded by Nelson and motion carried unanimously to deny the
requested variance.
Minutes of the Golden Valley Board of Zoning Appeals
July 25, 2017
Page 3
III. Other Business
• Election of Officers
Nelson nominated Perich to be Chair, Blenker seconded, and Perich accepted the role of
Chair.
Nelson nominated Orenstein to be Vice Chair, Perich seconded, and Orenstein accepted
the role of Vice Chair.
IV. Adjournment
The meeting was adjourned at 7:27 pm.
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David Perich, Chair Lisa Wittman, Administrative Assistant