09-25-18 BZA Agenda Board of Zoning Appeals
Regular Meeting
Tuesday, September 25, 2018
7 pm
7800 Golden Valley Road
Council Chambers
I. Approval of Minutes—August 28, 2018, Regular Meeting
II. The Petition(s) are:
2800 Noble Avenue North
Alexys & Luke Eskola, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(a) Side Yard Setback Requirements
• 1.5 ft. off the required 15 ft. to a distance of 13.5 ft. at its closest point to the side
yard (north) property line.
Purpose: To allow for an expansion of the garage.
II1. Other Business
IV. Adjournment
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
August 28, 2018
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
August 28, 2018, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Vice
Chair Orenstein called the meeting to order at 7 pm.
Those present were Members Orenstein, Perich and Planning Commissi:an
Representatives Baker, Blum (arrived at 7:10) and Johnson. Also preser�t were AssQciate
Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Witfiman.
I. Approval of Minutes— July 24, 2018, Regular Meeting
MOVED by Perich, seconded by Orenstein and motion carried �tnanimr�usly to approve
the July 24, 2018, minutes as submitted.
II. The Petition(s) are:
2145 Brunswick Avenue North
Grant Tsuchiya, Applicant
Request: Waiver from Sectivn "I 1.21, Single Family Zoning District, Subd.
11(A)(3)(b) Side Yard Setback Requirements
• 5.5 ft. off the required 12.5 ft. to a distance of 7 ft. at its closest point to the side
yard (north) property line.
Purpose: To allow for the reconstruction of a deck.
Goellner referr�d to a si#e plan af the property and explained the applicant's request to
reconstruct an existing deck in the same location. The deck will be located 7 ft. from the
north property line rather than the required 12.5 ft. Goellner explained that the existing deck
was built;by a previaus homeowner in a nonconforming location, the current footprint of the
deck is not expanding, and that a doorway to the deck already exists.
Goellner stated that staff is recommending approval of the requested variance because
replacing the deck in the same location would not alter the character of the neighborhood
and the siz� ofi'the variance cannot be reduced in a practical way.
Perich asked if there have been different side yard setback requirements in the past.
Goellner said she didn't know the history of the side yard setback requirements for this
property, but that staff was unable to locate an original building permit for the existing deck.
Randal Thole, representing the property owner, said the existing deck is in disrepair. He
stated that they are planning on moving the deck forward slightly, but no closer to the side
yard (north) property line.
Minutes of the Golden Valley Board of Zoning Appeals
August 28, 2018
Page 2
Orenstein opened the public hearing. Seeing and hearing no one wishing to comment,
Orenstein closed the public hearing.
Johnson said the request is reasonable and the deck at this point is part of the locality.
MOVED by Perich, seconded by Johnson, and motion carried unanimously to approve the
variance request for 5.5 ft. off the required 12.5 ft. to a distance of 7 ft. at its closest point
to the side yard (north) property line to allow for the reconstruction of a deck. Blum
abstained from voting.
1250 Zane Avenue North
Acoustics Associates, Applicant
Request: Waiver from Section 11.35, Light Industrial Zoning .District, Subd.
6(C)(4) Rear and Side Yard Landscape Setback Requir�ments `
• 10 ft. off of the required 10 ft. to a distance of 0 ft. at the parking lot's closest point
to the side yard (south) property line.
Purpose: To allow for the repaving of the existing parking lot
Goellner referred to a location map and a site plan of the property and explained the
applicanYs proposal to repave their existing parking lot. She noted that the parking lot is in
poor condition and that the existing pavement goes right up to the south property line without
the 10 ft. of required landscaped area;
Goellner stated that staff is recornmending approval of the requested variance because
resurfacing the parking lot in the same footprint would not alter the essential character of the
area, the parking lot tc� the south was recently reconstructed and includes the proper
landscaped buffer, and the requested variance allows the building's loading docks to be
utilized for activities consis#ent with the Comprehensive Plan and Zoning Code.
Perich aSked where or� the site the 10 ft. buffer area would be located. Goellner showed the
approximate IoGation on the site plan.
Baker asked why the parking lot is shaped the way it is and why the paved area isn't along
the entire south�rn property line. Johnson said that the amount of pavement is probably the
area they need for their semi-trucks to maneuver.
Blum asked about the distance from the building to the south property line. Sean Grefsheim,
Project Manager, Acoustics Associates, stated that there is 76 ft. between the building and
the edge of the parking lot.
Blum asked Goellner how current the photos she referred to in her presentation were.
Goellner said she took the photos two weeks ago.
Minutes of the Golden Valley Board of Zoning Appeals
August 28, 2018
Page 3
Johnson asked if there is supposed to be a curb around the parking lot. Goellner said it
depends if the parking lot is being repaved or reconstructed. If the applicant reconstructs the
parking lot curb and gutter would be required.
Blum asked if the variance request is to allow pavement along the entire length of the side
yard. Goellner explained that the request is to allow for the same footprint as is there today.
Grefsheim stated that if they don't receive the variance they just won't repave the parking lot
because they won't be able to use it if they meet the setback requirement. He added that
they would like the pavement to be at zero feet for the entire length of the south property line
and that staff has told him that they will have to install curb and gutter.
Blum noted that the photos show cars parking along the southern property line and asked if
that is normal. Grefsheim said yes and added that a semi-truck clipped one of tY�e pick-up
trucks parked in that area. Blum stated that cars parking in that area is a factor as to why
semi-trucks can't maneuver.
Blum asked if there are three loading docks. Grefsheim said ther� are two loading docks that
are approximately 10 feet wide. Blum asked if the dumpster shown in the photos is blocking
one of the loading docks. Grefsheim said yes. Blum asked Grefsheim if they store pallets on
the property. Grefsheim said yes, they store some pallets on the property. Blum questioned if
they need the entire parking lot area to rnaneuver trucks if they are only using one loading
dock. Grefsheim said yes and explained how th� semis have to curve around and back into
the loading docks.
Johnson stated that in logistics it is typical to plan for 125 ft. to maneuver so what the
applicant is saying seems right.
Orenstein opened the public hearing. Seeing and hearing no one wishing to comment,
Orenstein closed the public hearing.
Baker said the request seems reasonable and it appears that the applicant needs this much
space to maneuver#heir trucks.
Johnson agreed and added that there needs to be some alignment with staff regarding the
need for curb and gutter. Goellner reiterated that requiring curb and gutter depends on
whether a parking 1ot is being repaved or reconstructed. Baker asked Grefsheim if they are
planning on reconstructing the parking lot. Grefsheim said yes, they are planning on
reconstructing the parking lot and adding curb and gutter.
Perich said the variance request seems reasonable. He added that if they don't repave the
parking lot it will just look worse, the current landowner didn't construct the parking lot, and a
new parking lot will improve the character of the area.
Blum said he doesn't feel comfortable justifying a variance by using the idea that the current
landowner didn't cause the non-conformity because he thinks that is a good way for the
current landowner to wash away the fact that there was a nonconforming parking lot when
Minutes of the Golden Valley Board of Zoning Appeals
August 28, 2018
Page 4
they purchased the property. Baker asked Blum what a better way for this to unfold would
have been. Blum said it might include requiring a Conditional Use Permit or a Planned Unit
Development which requires a thorough review when requests are made. He added that
asking for carte blanche variances because the nonconformity was just there already makes
him uncomfortable. Johnson stated that if that is the case then the City should be policing
what is nonconforming and requiring that they be made conforming because the person
taking the initiative should not bear the sins of the former property owner.
Blum questioned if there isn't a better vehicle to use than the variance prQcess. Gtaellner
explained that a Conditional Use Permit is used in regard to the use of the property and that
requesting a variance is the proper and only process to use for waivir�g frorn the setback
requirements of the Zoning Code. Blum said he doesn't agree and he doesn't think the Board
is restricted from asking for certain things. He said they are being �sked to give fhe whole
thing away just because the property is currently nonconforming. Perich stated that the
nonconforming status of the property is just one of the justifications, not th� only reason,
used in determining a variance request. He added that he wauld be in favor of granting the
requested variance. Blum stated that it is a justificatian as long as the other elements are
fulfilled and questioned if the property was nonconforming, but the request was totally
unreasonable if the Board would grant a variance. Perich said no, and reiterated that the
nonconforming status is one of the elements th�y consider.
MOVED by Baker, seconded by Perich and motiort carried unanimously to approve the
variance request for 10 ft. off of the required 10 ft. to a distance of 0 ft. at the parking lot's
closest point to the side yard (south) property line to allow for the repaving/reconstruction of
the existing parking lot.
III. Other Business
No other business w�s discussed.
IV. Adjournment
The meeting was adj4urned at 7:36 pm.
Richard Orenstein, Vice Chair Lisa Wittman, Administrative Assistant
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Date: September 25, 2018
To: Golden Valley Board of Zoning Appeals
From: Emily Goellner, Associate Planner/Grant Writer
Subject: 2800 Noble Avenue North
Alexys and Luke Eskola, Applicants
Introduction
Alexys and Luke Eskola, owners of the property at 2800 Noble Avenue North, are seeking a variance
from the City Code to expand the garage on their property. The applicants are seeking the following
variance from City Code:
_ _. , _ ,
i
Variance Request ��� ��� � City Code Requirement �
The applicants are requesting a variance of � Section 11.21, Single Family Zoning District, Subd.
1.5 feet off the required 15 feet to a 11(A)(3), Side Yard Setback Requirement: the
distance of 13.5 feet at its closest point to , minimum side yard (north) setback requirement is
E
the side yard (north) property line. ; 15 feet. `
Background
• The lot is approximately 17,267 square feet and zoned for R-1 Single-Family Residential use.
• The applicant would like to expand the 2-car garage to accommodate additional space for
cars and other storage.
• The existing garage is approximately 22.2 feet wide and 22.2 feet long, totaling
approximately 493 square feet.
• The proposed garage addition is 1.8 feet wide, which would bring the width of the new
garage to 24 feet. This is the standard width of a 2-car garage.
• The proposed addition includes 9.8 feet of additional space on the rear side of the garage,
which would bring the length of the new garage to a total of 32 feet.
• At 24 feet wide and 32 feet long, the new garage would be 768 square feet in size. The
maximum size for all garages and accessory structures combined is 1,000 square feet.
• The existing garage is located 15.6 feet from the side yard (north) property line and the
required setback is 15 feet. The proposed setback is 13.5 feet.
• The home to the north, 2820 Noble Avenue North, is located approximately 28 feet from the
property line.
• The applicants noted that the property is unique in that the original garage was built in 1950
when the average car was smaller than cars today.
• The applicant notes that the additional storage space would keep items such as their trailers
and motorcycle indoors rather than stored outdoors.
• The applicant notes that the renovation would include a new garage door and the addition
would keep in the same general style as the existing Cape Cod home.
• The applicants have included a "Plan B" on the attached survey, which is related to a kitchen-
remodeling project. The applicants intend to move forward with that addition whether or
not the garage expansion is approved. It complies with Zoning Code requirements. No
variances are necessary for "Plan B."
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 inclusion of an attached 2-car garage 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 the size of the existing garage in its current location is a unique circumstance
to the property that constitutes a practical difficulty. The lot is relatively large, but the home
was placed in a way that does not allow for the expansion of a 2-car garage to today's size
standards (24 feet x 24 feet) without a variance.
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
13.5 foot setback is somewhat common in this neighborhood. Many houses in the
neighborhood have 2-car garages.
Additionally, staff assesses whether other options are available to meet the applicant's needs
without requiring a variance. Another option is to build a garage that is longer but no wider than the
existing garage. However,the key issue for the applicants is that the width of the garage is too small
to open car doors easily.
Lastly, staff assesses whether the applicant has requested the smallest variance necessary to meet
their needs. Staff finds that the length of the proposed garage could be reduced from 32 feet, but
the proposed with of 24 feet is the standard size for a 2-car garage.
Recommendation
• Staff recommends approval for a variance of 1.5 feet off the required 15 feet to a distance of
13.5 feet from the side yard (north) property line.
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Planni�g � 7800 Golden Valley Road,Golden Valley,MN 55427-4588 City of
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Street address of property in this application:
2800 Noble Ave N
. • • • • •
Name(individual,or corporate entitiy):
Alexys&Luke Eskola
Address:
2800 Noble Ave N, Golden Valley, MN 55422
Phone number: Email address:
612-850-3002 alexys.eskola@gmail.com
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Name:
Address:
Phone number: Email address:
• • . •
Provide a detailed description of the variance(s)being requested:
We are requesting a variance in the allowed setback from our north property line to our exterior garage wall. We would like to widen our
garage to 24 feet, which will cut into the allowed setback on the side property line(see more details below). We are currently planning on
changing the garage door, but once inside the garage, we still do not have enough room to open up our car doors and,therefore, we need to
push out an entire wall.
Provide a detailed description of need for a variance from the Zoning Code,including description of building(s),description of proposed
addition(s),and description of proposed alteration(s)to property:
Our current garage is not big enough to park both of our vehicles in. Our garage is currently 22' 2
3/8" wide and we would like to widen it to 24'. The north wall of our garage is currently 15' 6" away
from our property line. To push this wall out by 1' 9 5/8", we would require a variance of 1'3 5/8" (city
code is for the structure to be 15' away from a side property line). Our garage is attached to our
house, so we can only widen the garage to the north. Without this additional 1' 9 5/8", we cannot
park both of our vehicles in the garage and still be able to open our vehicle doors.
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Explain the need for your variance request and how it will result in a reasonable use of the property.
Our house was built in 1950, when the average car was quite a bit smaller than today's vehicles. While
the previous owners of our house may have been able to park their vehicles in the garage, we are not
able to, because we drive a pick-up truck and an SUV. Luke is a residential remodeler and it is
necessary for him to drive a truck and store many tools. In addition to these large vehicles, we also
have two trailers and a motorcycle. Increasing the size of our garage would enable us to park these
trailers in our garage as well. We prefer to store these items in a garage, versus in the driveway or
outside, where they could be an eyesore. We believe the request to build a bigger garage is a
reasonable request for today's modern family
What is unique about your property and how do you feel that it necessitates a variance?
We met with Jason Zimmerman, Golden Valley's City Planner, to discuss our situation and Jason
informed us that most new homes being built in Golden Valley have a 24 foot wide garage. Jason felt
that our request for this variance would have a good chance of getting approved.
Explain how the need for a variance is based on circumstances that are not a result of a landowner action.
Our home was built 70 years ago and just like most other aspects of the home, it needs to be updated—
functionally and cosmetically. We purposely purchased a home with a 2-car garage, because we knew
our lifestyle required a bigger garage. However, standard garage sizes in the 50's are different than
standard garage sizes today. This variance brings our house up to current standards, which will benefit
us and any future owners of our property.
Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole.
Because we're keeping the same general style of our Cape Cod home, we believe it will still
maintain the character and charm that Golden Valley represents. Golden Valley is often making
changes to keep up with modern times (whether esthetically or functionally) and we believe we are
requesting to do the same. Our neighbor to the north, Mary Nielson, has a tall privacy fence, so it
should very minimally affect her views in her backyard.
P'�anning I 7800 Golden Valley Raad,Golden Valley,MN 55427-4588 city af
763-593-8Q95 { TTY:763-593-3968 � www.goldenvaileymn.gov ( planning@goidenvalleymn.gov (�'�����
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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.
-We could possibly widen the garage to the south, but this would cut into our living space, since our
garage is attached to our home. This would be difficult because the garage would then span over our
basement and it would be very expensive.
-We already plan to lengthen the garage into our backyard, so that we have room for our trailers and a
motorcycle. If we were to lengthen our garage back even farther, we could possibly stagger our cars
inside of the garage, so that we can open doors. However, in order to lengthen the garage more than
the 9.8 feet we plan to do already, we would have to jog the side wall.
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. •
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 print): Alexys&Luke Eskola
Signature of Applicant: C-w� �� �� Date: 8�19�18
i i � ,,// �i, , ,�;ii �;i/ �,�,
,� ���/, � j%/�� /,,. ���%/ ��iii
Name(please print):
Signature: Date:
� �,� i o��; � ,, �o,
o�i�„i:,,�; j //" i/�i�/� �/�,�,i /i�/��i/i� ,�i �j� i . //i;
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��,� ii;-.,,i/�i�/� i,,, �,�%��� %�" i � �; , /�/, ,
Name(please print):
Signature: Date:
Please note:The City of Golden 1/a(fey will send notice of your variance request to al(adjoining property owners as well as owners of
properties directfy across streets or alleys. Your neighbors have the right to address the Board of Zoning Appeals at your pubfic hearing.
You are advised to persona(Iy contact your neighbors and expiain your project to them before the pub(ic hearing.
��,,, �,
7his docum�nt is avai[able in atterraaie#�trmats u�on a 72-hs7ur request Please c�ll 743-593-�Ob(Tfl':7b3-593-39b$)ta
make�requ�st. Ex�m�les 4€aiter�te farmats may in�lutle large p€i�t,eleetrQnic,Br�ille,a�acassette,etc. ���
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