10-22-19 BZA Minutes
REGULAR MEETING MINUTES
Call To Order
The meeting was called to order at 7 pm by Chair Nelson.
Roll Call
Members present: Kade Arms‐Regenold, Nancy Nelson, Richard Orenstein, David Perich, and
Planning Commissioner Ron Blum
Board Members absent: Andy Snope
Staff present: Planning Manager Jason Zimmerman and Planner Myles Campbell
Approval of Agenda
MOTION made by Orenstein, seconded by Perich to approve the agenda of October 22, 2019, as
submitted and the motion carried unanimously.
Approval of Minutes
MOTION made by Orenstein, seconded by Perich to approve the September 24, 2019, Meeting minutes
as submitted and the motion carried unanimously. Commissioner Blum abstained
4400 Tyrol Crest
Brock Peterson, Applicant
Request: Waiver from Section 113‐152, Screening and Outdoor Storage, Subd. (c)(1)(a) Height
Requirements
2 ft. taller than the allowed 4 ft. in height for fences in a front yard.
Purpose: To allow for a 6‐foot tall fence along Wayzata Blvd.
Campbell referred to a location map of the property and stated that the house was built in 1952. He
noted that the property’s access is on Tyrol Crest, but it also has the Wayzata Boulevard frontage road,
which is at a different topographical height, abutting the rear lot line creating a second front setback for
the rear yard.
Campbell explained that Zoning Code states that fences in all front yards shall not exceed four feet
height and fences in side and rear yards shall not exceed six feet in height. He showed the Board a
drawing that illustrates where on the property the applicant would like to construct a 6 ft. tall fence.
Campbell stated that the staff analysis of this proposal is that the space is sufficiently separated from the
frontage road already and a privacy fence is a reasonable use in this context. The location of the frontage
October 22, 2019 – 7 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
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road was not created by the applicant which is what is creating the front yard issue, and surrounding
properties have privacy fences so a fence on this property would not alter the character of the
neighborhood.
Campbell stated that staff is recommending approval of the request to allow for an increase in the
maximum fence height allowed at the rear of the lot from 4 ft. to 6 ft.
Blum asked if there are any similar scenarios like this in the City. Nelson said the Board has been tough
on fence variances in the past. She noted that variances have been granted along the Highway 55
frontage road.
Brock Peterson, applicant, said the property along Wayzata Blvd. really acts like a rear yard.
Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the
public hearing.
MOTION made by Orenstein, seconded by Perich to approve the variance request for 2 ft. of additional
height than allowed in a front yard to allow for a 6‐foot tall fence along Wayzata Blvd and the motion
carried 4 to 0.
1109 Winnetka Avenue North
Trisha Fry and Mike Olson, Applicants
Request: Waiver from Section 113‐88, Single Family Residential, Subd. (f)(1)(c)(2) Height Requirements
7.17 ft. off of the required 12.5 ft. to a distance of 5.33 ft. at its closest point to the side yard (south)
property line.
Purpose: To allow for a garage addition.
Campbell referred to a location map of the property and explained the applicant’s request for a variance
of 7.17 ft. off the required 12.5 ft. to a distance of 5.33 feet at its closest point to the side yard (south)
property line in order to convert the existing breezeway space to livable space and to add a second
garage stall.
Campbell explained that Zoning Code required lots having a width greater than 65 ft. and less than 100
ft. the side setbacks for any portion of a structure 15 ft. or less in height shall be 12.5 ft.
Campbell stated the staff analysis is that a two stall garage is a reasonable use and is the norm for most
newly constructed home. The location of the addition would put it behind the front plane of the house
and preserve the existing front facade. The lot is somewhat undersized compared to current R‐1
requirements and the location of an emergency exit inhibits some development to the rear. He added
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that many surrounding and nearby properties have garages for one or two cars to this proposal would
not impact the essential character of the neighborhood.
Campbell stated that staff is recommending approval of the requested variance.
Orenstein asked about the setback requirement on the north side of the property and if there would be
any changes on the north side. Campbell said the setback on the north side is also 12.5 ft. and there
would be no changes made to that side of the property.
Nelson asked if the new driveway would meet the required setback. Campbell said yes, the driveway
would be 3 ft. from the side yard property line as required.
Blum said he has questions about the feasibility of other options. He asked about the size of the current
garage and the proposed new garage. Campbell said the current garage is approximately 11.5 ft. wide x
21 ft. deep and the proposed new garage would be 20.5 ft. wide x 26 ft. deep. He noted that the existing
breezeway is proposed to be used for a kitchen remodel. Blum asked about the length of the breezeway.
Campbell said it is 10.4 ft. long. Zimmerman added that the proposed new garage would be
approximately 8 ft. wider than the existing garage. Blum said he thinks the breezeway could be used for
additional garage space. Campbell said the breezeway and garage will both need foundation work to do
any type of addition. Blum asked if there is anything to the rear of the current garage and breezeway
that would prevent an addition to the rear of the property. Campbell said there is an existing deck in the
rear yard. Blum asked about the rear yard setback. Campbell said the rear yard setback is 25 ft. Blum said
it seems like there is nothing to prevent the applicant from building a tandem two stall garage to the rear
of the existing structure.
Mike Olson, applicant, stated that they want to make the home more usable and have enough space for
two cars in the garage.
Nelson asked if there is an egress window behind the house. Trisha Fry, applicant said yes, there is a
small galley kitchen that they would like to expand into the breezeway space and that there is an egress
window under the kitchen.
Nelson opened the public hearing. Seeing and hearing no one wishing to comment Nelson closed the
public hearing.
Blum said he thinks the variance request is substantial and said there would be no difficulty in
constructing a tandem garage without a variance. He said there is more than enough room between the
existing house and garage for a garage addition if the breezeway was used for garage space. He added
that is different from other garage variances he’s seen because in those cases the garage was attached
to the house and in this case there are at least two other options that could be used by the applicant to
build a two stall garage.
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Nelson said in order to allow people a two stall garage the Board has granted variances in the past that
are closer to the side yard property line than what is currently being requested. She said she
understands Blum’s concern about using the breezeway for additional garage space but to her a tandem
garage is not very desirable or useful.
Blum asked if a tandem garage, despite being undesirable, constitutes the level of hardship that is
required when approving variances. Nelson said she thinks it would.
Orenstein agreed the Board has a history of approving variances in order to allow a second garage stall.
He said he understands this is a substantial variance request but he would be supportive of it. Blum said
there are ways the applicant can build a second garage stall without needing a variance.
Nelson asked the applicants to explain the square footage of the home and their plans for the breezeway
space. Fry said there is approximately 1,300 square feet and using the breezeway would give them about
170 square feet of additional space. She stated that the existing kitchen is a tiny, galley style kitchen and
it is difficult for two people to be in it at the same time. Olson added that they would also like the
additional living and entertaining space. Fry said they would be willing to use some of the breezeway
space in order to have a side by side garage, but they have different work schedules so a tandem garage
would be difficult for them.
Perich said he thinks the proposal is reasonable and noted that a 20 foot wide garage is really the bare
minimum size for a two stall garage. He said the proposal won’t alter the essential character of the
neighborhood so he would vote in favor of the variance as requested.
Nelson said she thinks a two stall garage will improve the property and she is in favor of the variance
request as proposed.
MOTION made by Nelson, seconded by Perich to approve the variance request for 7.17 ft. off of the
required 12.5 ft. to a distance of 5.33 ft. at its closest point to the side yard (south) property line to allow
for a home/garage addition. The motion carried 3 to 1. Blum voted no.
5410 Wayzata Boulevard
Webb Golden Valley, LLC, Applicant
Request: Waiver from Section 113‐151, Off‐Street Parking and Loading, Subd. (b)(8) Design Standards
22 ft. wide drive aisles rather than the required 24 ft. in the north parking lot area.
Zimmerman referred to a location map and aerial photo of the property and stated that the property is
4.5 acres and is split by a public alley. He stated that the south portion of the property contains one
building that houses Good Day Cafe, Metropolitan Ballroom, and D’Amico Catering and that the variance
request pertains only to the north portion of the site which is a parking lot. He explained that
construction of I‐394 and the apartment/senior buildings to the east have reduced parking and that a
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better parking layout could increase the number of parking stalls from 354 to 395. He added that all of
the proposed parking stalls would meet the minimum required dimensions.
Zimmerman referred to a plan of the existing parking lot layout and the proposed new layout which
proposes 22 ft. wide drive aisles rather than the required 24 ft.
Zimmerman stated that the staff analysis of this proposal is that the use of the parking lot is reasonable
and the required drive aisle width prevents a more efficient layout from being implemented. The existing
lot dimensions create challenges in reorienting the parking stalls and previous actions by MnDOT and the
City have reduced the parking options. He added that the character of the area would not be altered
because the north portion of the lot is already being used for parking. He noted that one alternative is to
shift and reconstruct the north curb line but that would require the relocation of 5 light poles, threaten
the health of approximately ten mature trees, and reduce the amount of pervious surfaces.
Zimmerman stated that staff is recommending approval of the variance as requested.
Perich asked if a 24 ft. drive aisle is standard. Zimmerman said the 22 ft. to 24 ft. range is common.
Doug Feickert, representing the applicant, said he didn’t have anything to add but is happy to answer
questions.
Nelson said she has been to many events at this location and agrees that the existing parking lot is a
problem. Feickert agreed and said they used to use an existing vacant parking lot but that is no longer
available. He added that the proposed parking lot layout will be a substantial improvement.
Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the
public hearing.
Nelson said this is a reasonable use, the need for a variance is not caused by the landowner, and the
essential character of the area won’t be impacted so she feels it meets all the criteria used in considering
variance requests.
MOTION made by Nelson, seconded by Blum to approve the variance request for 2 feet off the required
24 feet of drive aisle width to a distance of 22 feet for two drive aisles within the north parking lot and
motion carried unanimously.
901 Ottawa Avenue North
Jacqueline Kantor, Applicant
Request: Waiver from Section 113‐88, Single Family Residential (g)(1)(a) Accessory Structure Location
Requirements
The proposed pool would be closer to the front setback than the principal structure.
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Purpose: To allow for the construction of a pool.
Request: Waiver from Section 113‐88, Single Family Residential (f)(1)(b) Rear Yard Setback
Requirements
21.83 ft. off the required 25 ft. to a distance of 3.17 ft. at its closest point to the rear yard property
line.
Purpose: To allow for the construction of a deck.
Request: Waiver from Section 113‐152, Screening and Outdoor Storage, Subd. (c)(1)(a) Height
Requirements
1 ft. taller than the allowed 4 ft. in height for fences in a front yard.
Purpose: To allow for a 5‐foot tall fence in a front yard.
Campbell referred to a location map of the property and explained the requested variances. He stated
that the applicant is requesting a fence height of five feet which is one foot above the permitted
maximum height for front yard fences. The applicant is also requesting to put a swimming pool in the
front yard that would be approximately 1 ft. closer to the property line than the home, and a deck that
would be 3.17 ft. away from the rear property line instead of the required 25 ft.
Campbell gave some background information about the property and said that it is an oddly shaped
corner lot with fronts on both Ottawa Avenue North and Killarney Drive resulting in no side yards, and
the house is set 12 ft. back from the rear property line leaving little to no room for additions to the rear
of the principal structure.
Campbell stated that the staff analysis is that the location of the proposed pool, the privacy fence, and
the deck are all unreasonable given the new site issues they create related to privacy and the view from
the street. The property shape and layout create issues for any uses that aren’t allowed in a front yard as
well as limiting the use of the rear yard, and the pool and high privacy fence would both be out of
character with the nearby homes. He added that a pool in the front yard would be especially out of
character for the area. Therefore, staff is recommending denial of all three variance requests.
Arms‐Regenold asked if staff would recommend approval of just one of the requests. Campbell explained
that without the pool request there wouldn’t need to be a 5 ft. fence in a front yard.
Perich asked about the front yard setback requirement. Campbell stated that any accessory structure
with frost footings, in this case the pool, has to be behind the front plane of the house.
Orenstein asked about the setback requirement for the proposed deck. Campbell said it is 25 ft. He
added that a patio could be 3 ft. from the rear yard property line.
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Jacqueline Kantor, applicant, said she understands the front yard setback requirements but that is not
how the house flows or how they use it. She said they made the plans with input from their neighbors
and they have a letter from the neighbors that states they think it will add value to the area and will not
change the character of the neighborhood. Alexis Kantor, applicant, said the deck is more of a step out
deck over the patio.
Nelson said she understands this is a challenging lot however, the Board is typically strict about front
yard variance requests. Jacqueline Kantor noted that there are lilac bushes along Ottawa Avenue and
that the fence would be behind those bushes so the view from the street would still be that foliage.
Perich asked what other options were considered for the pool. Jacqueline Kantor said they considered
using the other side of the property but they were discouraged by staff.
Nelson asked the applicants if they don’t get the variance for the pool if they are interested in the other
variances. Jacqueline Kantor said no.
Zimmerman referred to the site plan and discussed some other potential options. He stated that the
pool can be located where it is proposed it just has to be behind the front plane of the house so the pool
could be made smaller. He referred to the variance request regarding the fence and stated that the
Building Code requires a 5 ft. fence around pools however, the proposed fence could be brought further
away from the front property line where it is allowed to be up to 6 ft. in height. He said the deck could
be kept under 8 inches in height and could then be located 3 ft. from the property line.
Arms‐Regenold asked how much pool space they would lose if it were in a conforming location.
Zimmerman said he thinks the pool could be a different shape or shifted slightly and a variance wouldn’t
be required.
Nelson asked the applicant’s how they feel about changing their plans to avoid variances. Jacqueline
Kantor said moving the fence would take away almost the whole yard.
Orenstein said he thinks some reasonable alternatives have been offered. Perich agreed that there are
some alternatives to work with. Nelson and Blum agreed.
Alexis Kantor asked the Board if they could table the proposal and come back with a plan that is a
compromise from what they want but is closer to what the Board might feel comfortable with. Orenstein
said they would have to see a new plan first in order to make decisions.
Jacqueline Kantor reiterated that the neighbors don’t think the character of the neighborhood would be
impacted and asked the Board how much weight they place on neighbors comments. Nelson said the
Board tries to be consistent with the variances they approve throughout the City.
MOTION made by Blum, seconded by Orenstein to table the variance requests and the motion carried
unanimously.
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1601 Noble Drive
John Gabbert, Applicant
Request: Waiver from Section 113‐123, Planned Unit Development and Overlay Districts Subd.
(c)(7)(c)(6) Private Streets
2 ft. narrower than the required 20 ft. of street width.
Purpose: To allow for the existing 18 ft. wide private roadway.
Zimmerman referred to a location map of the property and gave some background. He explained that
the Sweeney Lake Woods PUD was created in 2015 and consists of three single family lots along
Sweeney Lake which are connected to Noble Drive via a private road. The private road is 18 ft. wide
within a 20 ft. wide outlot. He stated the PUD standards call for a 20 ft. wide paved road within an
easement that is at least 4 ft. wider so the existing 18 ft. wide road is nonconforming. He stated that
there is a proposed PUD amendment plan pending that would expand the PUD boundary and
incorporate additional land, however in order to address the nonconformity the applicant must widen
the existing road to 20 feet or obtain a variance to allow it to remain 18 ft. wide.
Zimmerman stated the City Code requires common sections private streets serving three or more
dwellings be paved to 20 ft. of width which ensures sufficient access for emergency (fire) vehicles. He
added that the Fire Department has stated that they would be okay with the existing 18 ft. wide
driveway if any new homes have a sprinkler system installed when they are constructed. Zimmerman
noted that it is difficult to acquire additional land to expand the existing private road and that poor soils
and minimum construction standards to support fire trucks would require complete reconstruction of
the road if it were widened.
Zimmerman discussed the staff analysis and stated that the use of the private road is reasonable and the
minimum width standards are preventing the PUD amendment from being approved, also the width of
the outlot is pre‐existing and established prior to PUD standards. If approved the road would continue to
serve a small development of single family homes so the character of the area would not be impacted
and the only other alternative is to acquire additional land or an easement to expand the road with
which would require complete reconstruction. He added that two feet is the minimum amount need to
meet the needs of the applicant and to satisfy the PUD standards.
Zimmerman stated that staff is recommending approval of the requested variance with the following
two conditions: 1) Fire sprinkler systems shall be required in all new homes subsequently constructed
within the PUD, and 2) The variance shall only take effect upon the approval of the pending PUD
amendment.
Nelson asked about the status and timeline of the pending PUD amendment. Zimmerman stated that it
will go to the Planning Commission in November and the City Council in December. He said he thinks
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generally there is support for the PUD amendment but there are some engineering details to be worked
out around stormwater management.
Nelson asked how many new homes there would be with the PUD amendment. Zimmerman said they
are proposing to take away one of the existing lots and add two more so there would be a net gain of
one lot in the development.
Orenstein asked if the surface of the driveway would change. Zimmerman said it would be kept as is if
the variance is approved. Perich asked if it was a driveway before the PUD was created. Zimmerman said
it was a driveway that was not paved. Perich asked if the 20 ft. wide road requirement was in place at
the time the PUD was created. Zimmerman said yes, and that staff and the Planning Commission
supported requiring a wider public street, however the Council ultimately approved the PUD to allow the
existing 18 ft. wide private road.
Jacquie Day, representing the applicant, said she wanted to clarify the hearing notice that was sent
which stated that up to seven lots could be created. She said they are not creating seven lots, it deals
with making changes that would touch seven lots. She referred to a map of the development and
discussed the lots that use the private road for access. She said the private road access for two lots
would be taken away so really only four homes would be using the private road.
Perich asked Day how she felt about the condition regarding adding sprinkler systems to the new houses.
Day said the applicant plans to build first class homes and is fine with that condition.
Perich asked if the applicant has considered purchasing the extra two feet in order to make the driveway
width 20 feet. Day said there are many reasons why that is not possible. She said there is an existing
home (1807 Noble Drive) that is not part of the PUD and abuts the driveway and the existing driveway
was only put in a few years ago and was very expensive to build and would have to be torn out and
reconstructed. She added that the proposal will remain low density residential and the new homes will
have sprinkler systems.
Nelson opened the public hearing.
Amar Alshash, 1807 Noble Drive, said he is concerned about this variance and he would like to keep the
road as is. He said he supported the original PUD development and preventing the driveway from
becoming a street for more homes to be developed. He said he believes that at the time it was said that
only three new homes would be developed as a result of leaving the driveway alone, not four as Ms. Day
stated, now developers want to add two more homes next to his property with a net gain of one home.
He said the character of the neighborhood will be completely altered by this development. He said he
has a legal easement on the private driveway and no one has requested his permission to move forward
with this proposal. He said he got a phone call from Ms. Day asking for two feet of land and he said he
was open to discussion about how that would work but he never heard a follow up. He said he is
disappointed that they are adding more homes than the City initially agreed to and that the developers
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have not asked his permission even though his easement will be improperly burdened by more traffic
with the addition of more homes.
Robert Meller, 1800 Major Drive, said this variance request should be denied for three reasons. The first
is that it is based on a materially inaccurate application because it says the driveway is currently serving
four lots which is not true, and it says it will serve four lots afterwards which is simply not true because
at least one lot would be added. He said it would be a horrible precedent to approve a variance based on
an inaccurate application. He said the second reason is that the application is premature. He said a
mistake was made when a nonconforming 18 foot wide driveway was allowed and if the applicant wants
to alter it that they should go through a different process to fix the mistake, they are not doing that they
are asking for a variance. He said if the variance is granted it would be for three lots which is not needed
because it is working just fine. He said either it satisfies the requirements or it doesn’t and should be
denied. He said the third reason is that they didn’t even try to negotiate to get the additional two feet
they need to widen the driveway. He added that economic hardship in regard to rebuilding the driveway
should not be considered.
Jacquie Day stated that the original road was approved for four lots. She said as far as approaching Mr.
Alshash it was prior to them investigating and finding out that they couldn’t really just add two feet, the
driveway would have to be completely taken out and rebuilt so they didn’t pursue talking to Mr. Alshash.
Seeing and hearing no one else wishing to comment, Nelson closed the public hearing.
Nelson explained that the Board isn’t here to comment on how many lots were approved or not, they
are only considering the requested variance about the width of the private road. Zimmerman added that
he would encourage people to come to the Planning Commission and City Council to speak to the
development as a whole and the changes being proposed. He stated that Ms. Day is correct that the
original road was approved for four lots and that a variance for the driveway is the appropriate process
along with the parallel process of the PUD amendment.
Blum asked if the width of the driveway was a substantial part of the Planning Commission’s discussion
when the original PUD was approved. He asked if the driveway is a substantial part of the PUD why this
isn’t a PUD amendment request instead of a variance request. Zimmerman said the Planning Commission
and staff recommendation was to require the driveway to be widened however the Council did not
approve the PUD that way so the driveway was left in a nonconforming situation. The PUD Code
language requires that nonconformities be addressed and a variance is a common way to address
nonconformities.
Arms‐Regenold asked if the applicant bought two feet of Mr. Alshash’s property if that would be City
right‐of‐way. Zimmerman said Mr. Alshash could sell the applicant two feet of property or create a
private easement.
Blum said he thinks there are some difficulties with the land in regard to the driveway construction but
that is not sufficient for him to approve the variance request.
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Orenstein noted that the Board’s decision could be appealed to the City Council.
Perich stated that the essential character shouldn’t be altered and in his opinion the essential character
would be altered.
Nelson said she isn’t comfortable at this point to approve this variance request and that the Planning
Commission or City Council might be a better forum for this discussion.
MOTION made by Perich, seconded by Orenstein to deny the variance as requested and motion carried
4 to 0.
1126 Florida Avenue North
Dan Grossman, Applicant
Section 113‐152 (c)(1)(a) – Fences in all front yards shall not exceed four feet in height. Fences in side
and rear yards shall not exceed six feet in height.
The Board of Zoning Appeals will decide whether or not staff is interpreting the above language
correctly in regard to the height of a recently constructed fence at 1126 Florida Avenue North.
Zimmerman explained that this is not a variance request, it is an interpretation of the Zoning Code
language. He said the two questions with this item are if the measurement of fence height should be
taken from grade or from the top of a retaining wall, and if it can be determined if a fence extension at
1126 Florida Ave N was added before or after 2004 when the City Code was revised.
Zimmerman gave some background information about the property and explained that in the summer of
2019 the applicant contacted staff about replacing a nonconforming fence. In August of 2019, a Zoning
Permit application was submitted and approved for a 6 ft. tall fence which included a portion in the front
yard. The neighbor at 6420 Golden Valley Road contacted staff to say the fence was too tall and there
was also an illegal fence extension in place so staff visited the site on August 23 to investigate. Staff
found that the new 6 ft. tall fence was constructed above an existing 18 inch stone wall and the total
height of the fence from grade measured approximately 7.5 ft. He stated that a fence extension of
approximately 22 inches had been added at some point in the past. The applicant believes the extension
was done in 2002, the neighbor believes it was done after 2006. If the extension was done prior to
October of 2004, it would be allowed as a legal nonconforming structure.
Zimmerman showed the Board several pictures of the subject property and explained the City Code
requirements that state “Fences in all side and rear yards shall not exceed six feet in height,” and “Any
nonconformity existing at the time of adoption of an additional control…may be continued, including
through repair, replacement, restoration, maintenance, or improvement, but not including expansion.”
Zimmerman stated that the staff analysis is that even though the Code does not say that fence height
should be measured from grade common sense dictates that the height of the fence should be measured
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from grade as it is with homes and other structures and that the new fence should be reduced in height
to match the previous height. He added that absent any other evidence, staff has no reason to believe
the fence extension was installed after 2004 and it should be allowed to remain.
Blum asked if the Hennepin County map system gives any clarity as to when the fence was constructed.
Zimmerman stated that the City has aerial photos from 2002 and 2004 and they indicate that the fence
was most likely built in 2003 or early 2004.
Arms‐Regenold asked if staff knows who constructed the fence. Zimmerman said the homeowner put in
the extension and the fence.
Perich asked if the extension is remaining and if the new fence goes up the extension. Zimmerman said
that is correct, the new fence is taller than allowed and the extension is taller still.
Orenstein asked if there are different requirements for fences on top of retaining walls. Zimmerman said
all of the fence requirements are the same.
Dan Grossman, Applicant, said there was an existing fence in place. He showed pictures of the property
and the new fence and said it is the same height and if it changed it is maybe by an inch or two. He
discussed the location of the retaining wall and the grading and drainage of the property. He added that
the fence is 6 ft. tall from the top of the retaining wall to the top of the fence. He asked if the grade was
built up more if that would solve the problem.
Orenstein asked if the top of the retaining wall was at grade at some point. Grossman said no. Orenstein
asked who owns the retaining wall. Grossman said he does.
Nelson opened the public hearing.
Jeffrey Polinchock, 6420 Golden Valley Road, said he submitted pictures showing the fence extension
was built after 2003. He said he asked Mr. Grossman at that time if the extension was permissible and he
grumbled something and laughed.
Nelson asked Polinchock how long he has lived at his property. Polinchock said since 2001 or 2002. He
referred to several pictures and discussed the height of the fence in various places and the fence
extension. He said he talked to Mr. Zimmerman as the fence was going up because it was obvious that it
was significantly taller than the previous fence.
Seeing and hearing no one else wishing to comment, Nelson closed the public hearing.
Nelson said there doesn’t seem to be definitive proof as to when the extension was built so she can’t
find a compelling reason to require the extension to be taken down. Perich and Orenstein agreed.