Minneapolis Zoning Board of Adjustment Actions

 
Regular Meeting
4:30 p.m., Thursday, June 28, 2012
Room 317, City Hall
350 South Fifth Street
Minneapolis, MN 55415-1385
Board Membership: Sean Cahill, Matt Ditzler, John Finlayson, Pam Meier, James Nutt, Dan Ogiba, Matt Perry, Dick Sandberg, and Ami Thompson
Committee Clerk: Diana Armstrong, 612.673.2615
Board members absent: John Finlayson
The meeting was called to order at 4:30 p.m.
Minutes were approved for the meeting held on June 7, 2012

Public Hearings

Introduction to the Public Hearing
 
Public Hearing   
1.  5745 Clinton Avenue South (BZZ #5593, Ward: 11) (Sether)
A. Variance: Mythili Thiagarajan, of Auromira Architects, on behalf of Mauer Realty Limited Partnership, has applied for the following land use application to allow for the construction of two additions to the existing single-family dwelling located at 5745 Clinton Avenue South in the R1 Single-Family District, AP Airport Overlay District and SH Shoreland Overlay District:
  1. Variance to allow for development on or within 40 feet of the top of a steep slope
Action: The Board of Adjustment adopted staff findings and approved a variance to permit development in the SH Shoreland Overlay District within 40 feet of the top of a steep slope to allow for the construction of two additions to an existing single-family dwelling located at 5745 Clinton Avenue South in the R1 Single-Family District and SH Shoreland Overlay District, subject to the following conditions of approval: 
  1. Approval of the final site and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  2. All site improvements shall be completed by June 28, 2013, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
  3. The additions shall have compatible materials to the existing structure.
B. Variance: Mythili Thiagarajan, of Auromira Architects, on behalf of Mauer Realty Limited Partnership, has applied for the following land use application to allow for the construction of two additions to the existing single-family dwelling located at 5745 Clinton Avenue South in the R1 Single-Family District, AP Airport Overlay District and SH Shoreland Overlay District:
  1. Variance to reduce the north interior side yard setback from 6 feet to approximately 5 feet to allow for an addition to an existing attached garage.
Action: The Board of Adjustment adopted staff findings and approved a variance reduce the north interior side yard setback from 6 feet to approximately 5 feet to allow for an addition to an existing attached garage accessory to an existing single-family dwelling located at 5745 Clinton Avenue South in the R1 Single-Family District and SH Shoreland Overlay District, subject to the following conditions of approval: 
  1. Approval of the final site and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  2. All site improvements shall be completed by June 28, 2013, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
  3. The addition shall have compatible materials to the existing structure.
Approved on Consent
2.  5148 Russell Avenue South (BZZ #5590, Ward: 13) (Sether)
Variance: David Feider has applied for a variance to increase the maximum height of a fence from 6 feet to 8 feet for 22 feet in length along the north interior property line for the property located at 5148 Russell Avenue South in the R1A Single-Family District.
Action: The Board of Adjustment adopted staff findings and denied the variance to increase the maximum height of a fence from 6 feet to 8 feet for approximately 22 feet in length along the north interior property line for the property located at 5148 Russell Avenue South in the R1A Single-Family District.  
Aye: Meier, Ogiba, Nutt, Sandberg, Thompson, Ditzler
Nay: Cahill
Absent: Finlayson
Motion Passed
3.  4400 Fremont Avenue South (BZZ #5601, Ward: 13) (Sether)
Variance: Jeff Nicholson of Quartersawn, on behalf of Rich and Carrie Higgins, has applied for a variance to increase the maximum height of a single-family dwelling from 2.5 stories to 3 stories to allow for a re-roof and new addition to the existing structure located at 4400 Fremont Avenue South in the R1 Single-Family District and SH Shoreland Overlay District. The existing dwelling is three stories and is presently nonconforming to the maximum height allowed in the R1 Single-Family District.
Action: The Board of Adjustment adopted staff findings and approved the variance to increase the maximum height of a single-family dwelling from 2.5 stories to 3 stories to allow for a re-roof and new addition to the existing structure located at 4400 Fremont Avenue South in the R1 Single-Family District and SH Shoreland Overlay District. The existing dwelling is three stories and is presently nonconforming to the maximum height allowed in the R1 Single-Family District, subject to the following conditions:
  1. Approval of the final site and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  2. All site improvements shall be completed by June 28, 2013, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Approved on Consent
4.  3016 6th Street North (BZZ #5600, Ward: 3) (Sether)
A. Variance: Shalaunda Holmes of Project for Pride in Living, on behalf of the City of Minneapolis – Community Planning and Economic Development Department, has applied for the following land use applications to allow for the construction of a new single-family dwelling located at 3016 6th Street North in the R3 Multiple Family District:
Variance to reduce the minimum front yard setback along 6th Street North from approximately 23 feet to 20 feet to allow for a new open front porch.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the front yard setback along 6th Street North from approximately 23 feet to 20 feet to allow for an open front porch accessory to a new single-family dwelling located at 3016 6th Street North in the R3 Multiple Family District, subject to the following conditions of approval: 
  1. Approval of the final site and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  2. All site improvements shall be completed by June 28, 2013, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
  3. The finish of the porch must match the finish of the dwelling or the trim on the dwelling. No raw or unfinished lumber is permitted on an open porch.
Aye: Sandberg, Ditzler, Thompson, Cahill, Meier, Nutt, Ogiba
Absent: Finlayson
Motion Passed
B. Variance: Shalaunda Holmes of Project for Pride in Living, on behalf of the City of Minneapolis – Community Planning and Economic Development Department, has applied for the following land use applications to allow for the construction of a new single-family dwelling located at 3016 6th Street North in the R3 Multiple Family District:
  1. Variance to reduce the minimum north interior side yard setback from 5 feet to approximately 1 foot 4 ½ inches to allow for the new structure.
Action: Notwithstanding staff recommendation, the Board of Adjustment approved the variance to reduce the north interior side yard setback from 5 feet to approximately 2 feet to allow for the construction of a new single-family dwelling located at 3016 6th Street North in the R3 Multiple Family District, based on the following findings:
  1. Practical difficulties exist in complying with the ordinance due to circumstances unique to the property, including a combination of a non-standard lot width, the lack of alley, and the lot shape.
  2. The property is being used in a reasonable manner. The proposed project is a reasonable use and staff has stated that the intent of the ordinance is to allow for orderly development of land use and there is the ability to maintain this, even if a fence were to be constructed, Further, the future rights as described in the staff report will keep this from happening, especially as the property has had a condition worse than this before.
  3. The proposed variance will not alter the essential character of the locality or be injurious. The proposed variance would not be detrimental to the neighborhood especially if the owner builds within their rights to construct a fence adjacent to the 25 foot 8 inch blank wall. The proposed variance will not be detrimental to the health, safety given that there is ample space on the south side of the property for fire access, for light and air. Further, the proposed variance will not be injurious to the life, safety and welfare.
Aye: Sandberg, Thompson, Cahill, Nutt, Ogiba
Nay: Ditzler, Meier
Absent: Finlayson
Motion Passed
5.  1920-2022 West Broadway Avenue (BZZ #5588, Ward: 5) (Steen)
Appeal: Application by Cynthia Lee, on behalf of CommonBond Communities for an appeal of the Zoning Administrator’s determination that the proposed development (West Broadway Curve) project at 1920-2022 West Broadway Avenue is classified as a supportive housing use.
Action: The Board of Adjustment adopted staff findings and denied the appeal of the Zoning Administrator’s determination that the proposed development project at 1920-2022 West Broadway Avenue (West Broadway Curve) is a supportive housing use.
Aye: Cahill, Ditzler, Nutt, Ogiba, Sandberg, Thompson
Nay: Meier
Absent: Finlayson
Motion Passed
6.  1953 Ewing Avenue South (BZZ #5591, Ward: 7) (Sether)
A. Variance: Dave Stockdale of Edgework Builders, Inc., on behalf of Chris and Amy Balser, has applied for the following land use application to allow for the construction of a breezeway addition and the remodel and second floor addition to the existing garage accessory to an existing single-family dwelling located at 1953 Ewing Avenue South in the R1 Single-Family District and SH Shoreland Overlay District:
  1. Variance to allow for development on or within 40 feet of the top of a steep slope.
Action: The Board of Adjustment adopted staff findings and approved the variance to permit development in the SH Shoreland Overlay District within 40 feet of the top of a steep slope to allow for the construction of a breezeway and second-story addition to the existing garage accessory to an existing single-family dwelling located at 1953 Ewing Avenue South in the R1 Single-Family District and SH Shoreland Overlay District, subject to the following conditions of approval: 
  1. Approval of the final site and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  2. All site improvements shall be completed by June 28, 2013, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
  3. The additions shall have compatible materials to the existing structure.
B. Variance: Dave Stockdale of Edgework Builders, Inc., on behalf of Chris and Amy Balser, has applied for the following land use application to allow for the construction of a breezeway addition and the remodel and second floor addition to the existing garage accessory to an existing single-family dwelling located at 1953 Ewing Avenue South in the R1 Single-Family District and SH Shoreland Overlay District:
  1. Variance to reduce the corner side yard setback along Franklin Avenue West from 10 feet to approximately 8 feet 6 inches.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the corner side yard setback along Franklin Avenue West from 10 feet to approximately 8 feet 6 inches to allow for a second-story addition to the existing garage accessory to an existing single-family dwelling located at 1953 Ewing Avenue South in the R1 Single-Family District and SH Shoreland Overlay District, subject to the following conditions of approval: 
  1. Approval of the final site and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  2. All site improvements shall be completed by June 28, 2013, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
  3. The additions shall have compatible materials to the existing structure.
Approved on Consent
7.  2600 Cedar Avenue South (BZZ #5598, Ward: 9) (Steen)
Appeal: Application by Mohamed Wadi, on behalf of Cedar Food & Grill for an appeal of the Zoning Administrator’s determination that the business at 2600 Cedar Avenue South is in violation of Minneapolis Code of Ordinances Section 530.120 as a result of blocking first floor windows with cooler equipment.
Action: The Board of Adjustment accepted the withdrawal for the appeal of the Zoning Adminstrator’s determination that the business at 2600 Cedar Avenue South is in violation of the Minneapolis Code of Ordinances Section 530.120 as a result of blocking first floor windows with cooler equipment. 
Approval on the Agenda

For Discussion

Unfinished Business
New Business
Adjournment
The meeting adjourned at 7:06 p.m.
The next Board of Adjustment meeting: July 12, 2012
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Last updated Jun. 29, 2012