11-26-19 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, Andy
Snope, and Planning Commissioner Adam Brookins
Board Members absent: None
Staff present: Planning Manager Jason Zimmerman and Planner Myles Campbell
Approval of Agenda
MOTION made by Perich, seconded by Snope to approve the agenda of November 26, 2019, as
submitted and the motion carried unanimously.
Approval of Minutes
MOTION made by Perich, seconded by Orenstein to approve the October 22, 2019, meeting minutes as
submitted and the motion carried unanimously.
901 Ottawa Ave
Jacqueline Kantor, Applicant
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 along Ottawa Avenue.
Campbell noted that this application request was a continuation from October’s Board meeting. He
explained that the applicant had worked with staff and revised their initial plans, reducing the total
number of variances being requested. Campbell described the modifications to the pool location and
the plan to limit the height of the deck so that it would be handled similarly to a patio. Campbell
explained that the remaining variance request for a 5 foot tall fence had also been modified to recess the
gate further away from the property line, and that an existing row of vegetation would help screen it
from public view. Campbell explained part of the purpose for the variance request is a requirement of
the state health department to enclose below ground pools with a fence of at least 5 feet.
November 26, 2019 – 7 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley BZA Regular Meeting
November 26, 2019 – 7 pm
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Campbell explained that staff felt the variance met the three findings for variances: being a reasonable
use and design, necessary due to unique circumstances with the lot layout, and in that it would not
impact 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 from 4 ft. to 5 ft.
Jacqueline and Alexis Kantor, applicants, explained their plan for the fence. The design would be wrought
iron both for design considerations and to meet other standards for pool fences. Snope asked what
would be done with an existing fence at the south end of the property. The applicants explained that
particular fence section had been removed.
Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the
public hearing.
Board members generally commended the revised plan and the compromise found between staff and
the applicant.
MOTION made by Perich, seconded by Orenstein to approve the variance request for 1 ft. of additional
height than allowed in a front yard to allow for a 5 foot tall fence along Ottawa Avenue and the motion
carried 5 to 0.
535 Ardmore Drive
Jordan Romine and Amanda Malmin, Applicants
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 Olson Memorial Boulevard Frontage Road and
Ardmore Drive.
Campbell described the background of the property and the existing site conditions. The lot itself is a
corner lot abutting Ardmore Drive and a frontage road for Olson Memorial Highway. The applicant is
seeking to replace an existing older fence that was beginning to collapse in sections. The applicant was
seeking a higher fence to provide greater privacy and noise protection from Highway 55, as well as to
work around an existing oak tree in the southern yard.
Campbell described that the city has an exception to allow for fences up to 6 feet in height on a
residential property that abuts a minor arterial roadway. Snope and Orenstein asked for clarification as
to whether or not the frontage road was not already considered an arterial given the rate of traffic on
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November 26, 2019 – 7 pm
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Olson Memorial Highway. Campbell and Zimmerman explained that the frontage road is considered a
local road, necessitating the variance despite the clear impact the highway has on the property.
Campbell continued to describe the proposed layout of 6 foot fences, which would create a closed back
yard area as well as a detached fence section in the front yard around a small paved patio.
In reviewing, the application against variance findings Campbell explained that staff felt that the two
northern fence sections had a clear and reasonable purpose in mitigating noise impacts from the
highway, while the southern section did not have as clearly defined a purpose, other than avoiding the
existing oak. The lot’s location abutting Olson Memorial highway was a unique circumstance that
necessitated the variance. Finally, staff explained that while screening was common along the frontage
road, a tall fence would be slightly out of place along Ardmore.
Staff recommended approval of the two northern fence sections and denial of the southern section.
Campbell offered that options such as moving that fence section behind the front plane of the house
would allow the applicant to build to their requested six feet in height without a variance.
Perich asked if a variance would be required if the frontage road carried the same street designation as
the highway. Campbell answered that they would not, given the previously discussed exemption, but
that the southern section still would. Arms‐Regenold asked whether this would also be true if was an
arterial class road. Campbell clarified that a variance would not be required to build a 6 foot fence in the
front yard of any residential property abutting a minor arterial class road. Snope asked for clarification
about moving the southern section behind the house and Campbell answered that the applicant could
build up to 6 feet by right as long as it was behind the front plane of them home, however that there
may be some concerns about impact on the tree root system.
Jordan Romine and Amanda Malmin approached the podium to address the Board. The applicants
explained their thinking for the southern section of fence. They had concerns with moving the fence
back, namely around the impact on the oak tree, potentially impacting basement windows along the side
of the house, and citing that Ardmore saw relatively high traffic coming on to or off of the frontage road.
They explained that cars sometimes pull off the highway and park along the street and that these
reasons are why they were seeking more privacy screening.
Nelson asked for the applicants’ thoughts on building the southern fence to 4 feet in the front yard
without a variance. Romine answered that they would prefer a consistent fence height across the
property. Board members asked further clarifying questions and there was some confusion about
whether the fences would be placed in sections or if they would enclose the yard. Applicants explained
that the two sections near the rear of the home would fully enclose the backyard, but that the additional
fencing was not shown since they would not require a variance. The only stand alone section would be
the second northern section around the paved patio.
Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the
public hearing.
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Commissioners discussed previous instances where they had approved variances for taller fences along
major roadways that were not covered under the minor arterial height exemption. Commissioners
generally agreed with staff’s determination and that approving the two northern sections would be
consistent with their previous decisions.
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 the two 6 foot tall fences along the frontage road and the
motion carried 5 to 0.
MOTION made by Snope, seconded by Brookins to deny the variance request for 2 ft. of additional
height than allowed in a front yard to allow for the southern 6 foot tall fence along Ardmore Drive and
the motion carried 5 to 0.
708 Tyrol Trail
Rachael and Jonathan Rongoonwala, Applicants
Request: Waiver from Section 113‐88, Single Family Residential, Subd. (f)(1)(c)(2) Side Setback
Requirements
5.5 ft. off of the required 12.5 ft. to a distance of 7 ft. at its closest point to the side yard
(south) property line.
An area of approximately 7.25 sq. ft. of gabled roof outside of the building envelope.
Purpose: To allow for the construction of a second attached garage stall and additional living
space within a side yard setback.
Zimmerman described the existing site conditions and adjacent properties. The applicant was proposing
to redesign an existing garage to allow for more usable space and to open up some additional space in
the home above it. This would require two variances, one for a reduction in the side yard setback since
the garage would be expanding and an allowance for more 7.25 sq. ft. of gabled roof that would fall
outside of the required building envelope.
Zimmerman explained that the home to the south, which would be most impacted by a side setback
reduction, is actually set back significantly further from the road than 708 Tyrol Trail, and as such would
not be as impacted by the redevelopment than if the two homes were parallel to one another.
Zimmerman explained how the city’s building envelope requirements were determined and showed
illustrations identifying the portion of the roof that would extend outside of the envelope. Nelson noted
that the graphics were useful in determining what exactly was the issue requiring a variance.
Staff analysis found that a two car garage is a reasonable request, the home’s location was not due to
the actions of the applicant, and finally that the design and architecture took into account both the
existing home and the surrounding properties’ character.
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Orenstein asked if there were any issues with wall articulation. Zimmerman answered that the south wall
was not long enough to require articulation. Brookins asked if a separate variance would be required for
the deck in addition to the garage. Zimmerman replied that the variance is for the setback generally, and
would apply to all structures on the site. Brookins asked if any additional hardship needed to be
demonstrated for structures other than the garage. Zimmerman answered that he believed that the deck
and garage and the living spaces above were all connected, and that the practical difficulties of the lot
would apply to them all.
Charlie Peterson, an architect for Aulik Design and Build, addressed the board. He explained the design
decisions that went into the project such as making the garages deeper but more narrow, or providing a
bay window to add some articulation to the south wall. Peterson noted that the neighbors to the south
have signed off on the proposed project.
Board members asked some general questions and made some comments to the architect. Brookins
asked whether shifting any of the plans around to not require a variance would make any elements of
the design unfeasible. Peterson answered that alternatives could potentially be explored but that any
changes would impact the location of the stairs and the access to the rear yard. The design was
accounting for people to travel from the front yard to the rear via the garage rather than walking around
the southern side of the home. If the stairs could not be included, then there would be some loss of
greenspace on the southern side so that a paved path could be installed.
Rachael and Jonathan Rongoonwala came up to address the Board, explained that they bought the home
with the intention to keep it in its original form but to make improvements to bring into a more modern
use. They noted that this was by far their preferred layout and design out of many iterations.
The Board discussed the findings and the explanations given by the property owner and architects.
Orenstein, Nelson, and Perich complimented the fact that this improvement kept the character of the
existing home. Brookins noted he initially had concerns about the deeper garage increasing the
necessary variance but felt that the design and choices made were reasonable and would improve the
home. Snope agreed that the deeper garage increasing the setback variance was a concern but that he
preferred that option to a walking path along the south end of the home.
MOTION made by Brookins, seconded by Orenstein to approve both variance requests for 5.5 feet off
the required 12.5 feet side setback and the 7.25 sq. ft. of gabled roof outside the building envelope and
motion carried unanimously.