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07-23-19 BZA Minutes 7800 Golden Valley Road�Golden Valley,MN 55427 � ���� f� 763-593-3992�TTY 763-593-3968�763-593-8109(fax)�www.goldenvalleymn.gov ����den � • Va1Ie Board of Zoning Appeals � July 23,2019—7 pm Council Chambers R EG U LAR M E ETI NG M I N UTES Golden Valley City Hall 7800 Golden Valley Road Call to Order The meeting was called to order at 7 pm by Chair Nelson. Roll Call Board Members present: Kade Arms-Regenold, Nancy Nelson, Richard Orenstein, David Perich, Andy Snope, and Planning Commissioner Chuck Segelbaum Board Members absent: None Staff present: Planning Manager Jason Zimmerman and Administrative Assistant Lisa Wittman Approval of Agenda Nelson stated that two variance requests regarding the location of the existing shed should also be listed for 4701 33�d Avenue North. MOTION made by Orenstein, seconded by Snope to approve the agenda of July 23, 2019, with the above noted change and the motion carried unanimously. Approval of Minutes Nelson referred to the last sentence in the first paragraph on page five and stated that it should be amended to read "He said he would recommend approval because they are making every effort to make the new house blend in..." Snope noted that he did not second the adjournment of the meeting because he was absent from the June 25 meeting. The Board agreed that Johnson, not Snope seconded the motion. MOTION made by Snope, seconded by Orenstein to approve the minutes of June 25, 2019, with the above noted correction and the motion carried unanimously. 470133�d Avenue North David Kopischke, Applicant Request: Waiver from Section 113-152, Screening and Outdoor Storage, Subd. (c)(1)(a) Height Requirements • To allow a fence along a portion of Noble Avenue North to be 2 ft. taller than the allowed 4 ft. in height for fences in a front yard. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette,etc. City �f Galden Valley BZA Regular Meeting 2 July 23, 2019— 7 pm Request: Waiver from Section 113-88 (g)(1)(a), Accessory Structure Location Requirements • To allow the existing shed to remain and not be located completely to the rear of the principal structure. Request: Waiver from Section 113-88 (g)(1)(b),Accessory Structure Front Setback Requirements • To allow the existing shed to remain closer than 35 ft. to the front yard property line. Zimmerman referred to a location map of the property and explained the applicant's proposal to install a new 6 ft. tall fence in a front yard rather than the allowed 4 ft. He stated that during the review process staff also realized that the existing shed on the property is located in a non-conforming tocation. The shed is not located completely to the rear of the house and it is not 35 ft. away from the front property line along Noble Ave as required by Code. Zimmerman referred to an aeriat photo of the property and showed the Board the front yard setback area and the conforming location for the shed. Zimmerman discussed the staff analysis and alternatives and said the use of a 4 ft. tall, not a 6 ft. tall security fence is reasonable and added that a 6 ft. fence could be installed if it shifted to the side/rear yard. He explained that the fact that this is a corner lot is not a unique circumstance because corner lots are prevalent throughout the City, the placement of the house leaves space for side and rear yards, and a 6 ft. tall fence would alter the essential character of the locality because there are no other 6 ft. tall fences is front yards nearby. He stated that the use of a shed is reasonable, however there is space available to relocate it to a conforming location in the southwest corner of the property, or it could be removed. He noted that there are other sheds in the area that are located in conforming locations. Zimmerman stated that staff is recommending denial of the variance request to allow for an additional 2 ft. of fence height for the portion of the fence in a front yard along Noble Ave. Staff is also recommending denial of a variance to allow the existing shed to remain in its nonconforming location, but is recommending approval of a modified variance request to relocate the shed to be at least 35 ft. from the front yard (east) property line. Nelson asked about the setback requirements for the shed. Zimmerman explained that accessory structures are required to be located behind the front plane of the house so in this case that would be the southwest corner of the property. Orenstein asked if the appficant requested the variances for the shed. Zimmerman said no, staff suggested they be added to the variance request for the fence height. Orenstein asked about the consequences if the shed wasn't moved. Zimmerman said it would be in violation of the Zoning Code. Segelbaum asked if part of a structure is nonconforming if there are limitations on what a person can do with the rest of the property. Zimmerman explained that if something is built legally, in a conforming �ity af Gaiden Valley BZA Regular Meeting 3 luly 23, 2019—7 pm location and if the codes change later it is considered to be legally nonconforming. However, sheds have never been allowed in front yards. Segelbaum said his recollection is that the Board seldom grants fence variances. Zimmerman said there have been a few granted because there were unique circumstances. Arms-Regenold asked if the City receives complaints about shed locations. Zimmerman said yes, but not in this case. Nelson asked if this were not a corner lot if the shed would still have to be moved behind the house. Zimmerman said the shed would be conforming if this were not a corner lot. David Kopischke, Applicant, said when he walks on Noble Avenue he sees 4 or 5 fences that are 6 ft. in height. Zimmerman stated that variances are looked at on a case by case basis and that the other 6 ft. tall fences may exist for other reasons or they may have been installed before the current rules applied. Kopischke asked if Noble Ave. being a collector street affects him building on his property. Zimmerman said no and explained that properties on arterial streets are allowed to have taller fences. Orenstein asked Kopischke how he felt about moving his shed. Kopischke said he would like to avoid moving it because it is old. He said he plans to rebuild it in a conforming location in the future. Nelson asked Kopischke when he bought the property. Kopischke said he bought it in 2015. Segelbaum asked Kopischke what the shed is made of and what it sits on. Kopischke said it is made of cedar and sits on a wood platform. Segelbaum asked if there is a way to allow a limited amount of time to keep the shed where is currently located. Zimmerman said no, variances run with the land. Snope asked about the procedure if the Board refuses to consider the variance requests regarding the shed. Zimmerman stated that the Board could vote on the requests, or table the requests. Segelbaum questioned who the applicant is for the shed variances. Zimmerman said Mr. Kopischke is the applicant, staff just noticed the nonconforming location of the shed when the variance application was submitted so the necessary requests were added. MOTION made Orenstein, seconded by Snope to deny the variance request to allow a fence along a portion of Noble Avenue North to be 2 ft. taller than the allowed 4 ft. in height for fences in a front yard and the motion carried unanimously. Segelbaum made the following findings: a 6 ft. tall fence alters the essential character of the locality, the fence could be 6 ft. tall if it were 35 ft. from the front (east) property line, or the applicant could build a 4 ft. tall fence is the proposed location. City of Golden Vailey BZA Regular Meeting q luly 23, 2019— 7 pm MOTION made by Orenstein, seconded by Nelson to table the two variance requests regarding the location of the shed and the motion carried unanimously. Adjournment MOTION made by Nelson, seconded by Orenstein and the motion carried unanimously to adjourn the meeting at 7:30 pm. ._...., - ��.,�.�,�,� Nancy Nelson, Chair '�`• �1 Vv� Lisa ittman, Administrative Assistant