bza-minutes-jun-22-21
REGULAR MEETING MINUTES
This meeting was held via Webex in accordance with the local emergency declaration made by
the City under Minn. Stat. § 12.37. In accordance with that declaration, beginning on March 16,
2020, all Board of Zoning Appeals meetings held during the emergency were conducted
electronically. The City used Webex to conduct this meeting and members of the public were
able to monitor the meeting by calling in.
Call To Order
The meeting was called to order at 7 pm by Richard Orenstein.
Roll Call
Members present: Chris Carlson, Sophia Ginis, Nancy Nelson, Richard Orenstein, Rich Baker–
Planning Commissioner
Staff present: Planning Manager Jason Zimmerman and Planner Myles Campbell
Approval of Agenda
MOTION made by Carlson, seconded by Nelson to approve the agenda of June 22, 2021, as submitted.
Staff took a roll call vote and the motion carried.
Approval of Minutes
MOTION made by Ginis, seconded by Orenstein to approve the May 25, 2021, meeting minutes.
Staff took a roll call vote and the motion carried with Baker abstaining.
1. Address: 4404 Sunset Ridge
Applicant: Jared Kevitt
Request: § 113‐88, Single‐Family Zoning District, Subd. (f)(1)(c)(1) Side Yard Setback Requirements
5 ft. off the required 15 ft. to a total distance of 10 ft. at its closest point to the side yard property
line, to allow for the expansion of an existing garage.
Myles Campbell, Planner, gave a brief background on the address, its location on a map, and
summarized that this item was presented at the previous BZA meeting but was tabled.
This lot was a vacant lot subdivided in 2019, the applicant wishes to build a new home. According to
City Code requirements, lots that are greater than 100ft in width, the side setbacks for any portion of
a structure 15 feet or less in height shall be 15 feet.
The applicant is requesting a reduction in that setback, their lot is steeply sloped, moving the house
to the west creates a wider buffer from the existing wetland to the east and it preserves existing
trees on the eastern side of the property. Campbell displayed a number of images, an elevation
survey, and comments from the Environmental Resources Staff that support the variance.
June 22, 2021 – 7 pm
City of Golden Valley BZA Regular Meeting
June 22, 2021 – 7 pm
2
Practical Difficulties
1. The proposed home is in‐scale with others in the surrounding neighborhood and its non‐
conforming location is cognizant of both the neighboring residential property, as well as nearby
natural resources. The applicant’s proposal is seen as reasonable.
2. The parcel in question has two principal circumstances that create difficulties in developing a
by‐right home: the steep slopes down towards the east, and the presence of the wetlands
nearby and to the east.
3. A 10’ side setback, while not allowed today, would not be too dissimilar than those of other
older homes along Sunset Ridge. The impact on the neighboring property is mitigated by the
lower elevation of the lot (~7 ft. lower than the closest point on the adjacent home) and the
closest points between them being garages rather than living space.
Other Considerations
Staff assesses whether the variance represents the smallest feasible variance or if there are other
options available:
Reducing the home’s width, such as by reducing the garage to two stalls, could eliminate the
need for the variance
o The City has no way to impose this however, since there is still space to move the home
east on the lot without changing the design.
Applicant has let staff know they could also work with a lesser variance for a 12.5’ setback
instead of 10’
o This again would either require the home to move closer to the wetland
Recommendation
Staff recommends approval of the variance request of 5 ft. off the required 15 ft. to a total
distance of 10 ft. at its closest point to the side yard property line.
o Staff recommends this approval be conditioned on the footprint of the principal
structure remaining 20’ off the side (east) property line, as shown in the site plan.
Chair Orenstein opened the discussion for comments. Members discussed the previous meeting,
new details, and specifics about the wetland next to the home.
The Chair invited the applicant to present.
Jared Kevitt, applicant, thanked staff for the summary and added that if the 10‐foot setback was
unreasonable, he could work with a 12.5’ setback. He added that due to the lot shape, the front
width is the widest point and the lot width in the middle decreases. Applicant added he’d prefer
the full 5‐foot request.
City of Golden Valley BZA Regular Meeting
June 22, 2021 – 7 pm
3
Ginis asked the applicant about reducing the roofline to match the setback and if it alters the
layout. Applicant stated that these alterations do not significantly impact the architecture plans.
The Chair opened the open forum 7:24pm.
The neighbors, Aaron and Connie Lahn, sent an emailed comment to staff; Campbell read the email
to the Board Members for the record.
There were no other public comments on this item.
The Chair closed the open forum at 7:27pm
Board members discussed the application, Ginis expressed gratitude to staff and the applicant for
addressing questions and concerns presented to them at the prior meeting. Ginis added that
having the neighbor’s support for the variance and the public benefit of staying away from the
wetlands leads to her support for the variance as requested. Nelson thanked the applicant for
pointing out the unique shape of the lot and how that alters the width through the lot. Carlson
echoed both previous comments and expressed support for the 10‐ft setback. Planning
Commissioner Baker thanked the applicant for a thought‐out presentation, he thanked staff for
pointing to the roofline outside of the building envelope, and added his concern was the impact to
the neighbor. The neighbor’s email alleviated Baker’s concern.
A MOTION was made by Nelson and seconded by Baker to approve staff recommendation with the
condition as stated.
Staff took a roll call vote and the motion carried.
2.Annual Board Member Orientation‐Officer Elections
Staff reviewed current roles and responsibilities and said each member may remain in the Chair
and Vice‐Chair role for two consecutive roles. Nelson proposed the current structure remain.
Richard Orenstein remains as Chair of the BZA and Sophia Ginis remains as Vice‐Chair.
3.Adjournment
MOTION made by Orenstein, seconded by Carlson and the motion carried unanimously to adjourn the
meeting at 8:40 pm.
Staff called a roll call vote and the motion passed unanimously.
________________________________
Richard Orenstein, Chair
_________________________________
Amie Kolesar, Planning Assistant