Minneapolis Zoning Board of Adjustment Actions

Regular Meeting
4:30 p.m., Thursday, September 13, 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: Nutt
The meeting was called to order at 4:32 p.m.
Minutes were approved for the meeting held on August 23, 2012

Public Hearings

Introduction to the Public Hearing
Public Hearing
1.  1785 Logan Avenue South (BZZ #5709, Ward: 7) (Sether)
A. Variance: Mike Russell of Sussel Corporation, on behalf of Dave Upin, has applied for a variance to reduce the minimum north interior side yard setback from 5 feet to approximately 2 feet for an existing garage to allow for an addition connecting an existing single family dwelling to an existing detached garage, thereby making an attached garage, for the property located at 1785 Logan Avenue South in the R2 Two-Family Residence District.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the minimum north interior side yard setback from 5 feet to approximately 2 feet to allow for an attached garage addition connecting an existing single family dwelling to an existing detached garage, thereby making an attached garage, for the property located at 1785 Logan Avenue South in the R2 Two-Family Residence District, subject to the following conditions of approval:
  1. The attached garage addition shall be setback 11 feet from the north interior property line.
  2. The exterior materials used for the attached garage addition shall complement the exterior materials of the principal structure on the property.
  3. The existing driveway located along the north propertyline shall be removed.
  4. The existing curb cut located along Logan Avenue South shall be removed. New curb, gutter, and a grass boulevard shall be provided.
  5. Approval of the final site and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  6. All site improvements shall be completed by September 13, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Aye: Cahill, Ditzler, Finlayson, Meier, Sandberg, Thompson
Nay: Ogiba
Absent: Nutt
Motion Passed
B. Variance: Mike Russell of Sussel Corporation, on behalf of Dave Upin, has applied for a variance to reduce the minimum rear yard setback from 5 feet to approximately 2 feet for an existing garage to allow for an addition connecting an existing single family dwelling to an existing detached garage, thereby making an attached garage, for the property located at 1785 Logan Avenue South in the R2 Two-Family Residence District.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the minimum rear side yard setback from 5 feet to approximately 2 feet to allow for an attached garage addition connecting an existing single family dwelling to an existing detached garage, thereby making an attached garage, for the property located at 1785 Logan Avenue South in the R2 Two-Family Residence District, subject to the following conditions of approval:
  1. The exterior materials used for the attached garage addition shall complement the exterior materials of the principal structure on the property.
  2. Approval of the final site and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  3. All site improvements shall be completed by September 13, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Aye:Cahill, Ditzler, Finlayson, Meier, Sandberg, Thompson
Nay: Ogiba
Absent: Nutt
Motion Passed
2.  2732 Thomas Avenue South (BZZ #5714, Ward: 7) (Smoley)
A. Variance: Craig Roberts has applied for a variance to reduce the required front yard setback along Thomas Avenue South from the setback established by connecting a line between the two adjacent neighbors to 20 feet 8 inches, in order to construct a 67 square foot addition on the front of the existing single family dwelling located at 2732 Thomas Avenue South in the R1/Single Family and SH/Shoreland Overlay districts.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the required front yard setback along Thomas Avenue South from the setback established by connecting a line between the two adjacent neighbors to 20 feet 8 inches, in order to construct a 67 square foot addition on the front of the existing single family dwelling located at 2732 Thomas Avenue South in the R1/Single Family and SH/Shoreland Overlay districts, subject to the following conditions:
  1. The vestibule may be reduced in area if the owner and Applicant feel that the approved steps or entrance landing are inappropriately scaled for the size of the vestibule.
  2. Final site and elevation plans must be approved by CPED-Planning staff.
Aye: Cahill, Ditzler, Finlayson, Meier, Ogiba, Sandberg, Thompson
Absent: Nutt
Motion Passed
B. Variance: Craig Roberts has applied for a variance to reduce the required front yard setback along Thomas Avenue South from the setback established by connecting a line between the two adjacent neighbors to 20 feet 8 inches, in order to construct a 45.7 square foot entrance landing on the front of the existing single family dwelling located at 2732 Thomas Avenue South in the R1/Single Family and SH/Shoreland Overlay districts.
Action: Notwithstanding staff recommendation, the Board of Adjustment approved the variance to reduce the required front yard setback along Thomas Avenue South from the setback established by connecting a line between the two adjacent neighbors to 20 feet 8 inches, in order to construct a 45.7 square foot entrance landing on the front of the existing single family dwelling located at 2732 Thomas Avenue South in the R1/Single Family and SH/Shoreland Overlay districts, based on the following findings:
  1. Practical difficulties existing in complying with the ordinance due to the unique architectural feature on the front of the dwelling. The applicants are proposing to match the width of the stoop with the vestibule width. These circumstances have not been created by the applicant.
  2. The applicants are proposing to use the property in a reasonable manner consistent with the zoning ordinance and comprehensive plan. The proposed stoop is within scale of the structure and the lot.
  3. Approval of the variances will not alter the essential character of the locality or be injurious to the use and enjoyment of others in the vicinity. The homes in the area are larger in scale and the distance between them is greater than other areas in the City of Minneapolis.
Aye: Cahill, Ditzler, Finlayson, Meier, Ogiba, Sandberg, Thompson
Absent: Nutt
Motion Passed
C. Variance: Craig Roberts has applied for a variance to reduce the required front yard setback along Thomas Avenue South from the setback established by connecting a line between the two adjacent neighbors to 20 feet 8 inches, in order to construct a 11 foot 2 inch-wide stairway on the front of the existing single family dwelling located at 2732 Thomas Avenue South in the R1/Single Family and SH/Shoreland Overlay districts.
Action: Notwithstanding staff recommendation, the Board of Adjustment approved the variance to reduce the required front yard setback along Thomas Avenue South from the setback established by connecting a line between the two adjacent neighbors to 20 feet 8 inches, in order to construct a 11 foot 2 inch-wide stairway on the front of the existing single family dwelling located at 2732 Thomas Avenue South in the R1/Single Family and SH/Shoreland Overlay districts, based on the following findings:
  1. Practical difficulties existing in complying with the ordinance due to the location of the tuck-under garage and walkway at the front and interior side of the property. These circumstances have not been created by the applicant.
  2. The applicants are proposing to use the property in a reasonable manner consistent with the zoning ordinance and comprehensive plan. The proposed stairs is within scale of the structure and the lot.
  3. Approval of the variances will not alter the essential character of the locality or be injurious to the use and enjoyment of others in the vicinity. The homes in the area are larger in scale and the distance between them is greater than other areas in the City of Minneapolis.
Aye: Cahill, Ditzler, Finlayson, Meier, Ogiba, Sandberg, Thompson
Absent: Nutt
Motion Passed
3.  3824 Grand Avenue South (BZZ #5687, Ward: 8) (Steen)
Variance: Alex Gese, on behalf of The Lander Group, has applied for a variance to reduce the required front-yard setback, along Grand Avenue South, from twenty-four (24) feet, seven (7) inches to twenty (20) feet to permit an enclosed front porch and a roof-top deck for a proposed four-family dwelling located at 3824 Grand Avenue South in the R5 Multiple-Family District.
Action: The Board of Adjustment adopted staff findings and denied the variance to reduce the required front-yard setback, along Grand Avenue South, from twenty-four (24) feet, seven (7) inches to twenty (20) feet to permit an enclosed front porch and a roof-top deck, and in lieu thereof, approve the variance to reduce the required front-yard setback, along Grand Avenue South, from twenty-four (24) feet, seven (7) inches to twenty-one (21) feet and six (6) inches to permit an enclosed front porch and a roof-top deck for a proposed four-family dwelling located at 3824 Grand Avenue South in the R5 Multiple-Family District, subject to the following conditions of approval:
  1. Approval of the application for Administrative Site Plan Review for Single and Two Family Dwellings and Multiple Family Dwellings Having 3 or 4 Dwelling Units by the Department of Community Planning and Economic Development – Planning Division.
  2. All site improvements shall be completed by September 13, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Aye: Cahill, Ditzler, Finlayson, Meier, Ogiba, Sandberg, Thompson
Absent: Nutt
Motion Passed
4.  5949 2nd Avenue South (BZZ #5707, Ward: 11) (Sether)
A. Variance: DeAnna Evjen has applied for a variance to reduce the required front yard setback along Chester Street from 25 feet to approximately 9.5 feet to allow for a rear addition and enclosed porch to an existing single-family dwelling on a reverse corner lot for the property located at 5949 2nd Avenue South in the R1 Single-Family District, AP Airport Overlay District and SH Shoreland Overlay District.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the required front yard setback along Chester Street from 25 feet to approximately 9.5 feet to allow for a rear addition and enclosed porch to an existing single-family dwelling on a reverse corner lot located at 5949 2nd Avenue South in the R1 Single-Family District, SH Shoreland Overlay District and AP Airport Overlay District, subject to the following conditions of approval:
  1. The exterior materials used for the addition shall complement the exterior materials of the principal structure on the property.
  2. Approval of the final site, floor and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  3. All site improvements shall be completed by September 13, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Approved on Consent
B. Variance: DeAnna Evjen has applied for a variance to reduce the required front yard setback along Chester Street from 25 feet to approximately 8 feet to allow for a ground level patio accessory to an existing single-family dwelling on a reverse corner lot for the property located at 5949 2nd Avenue South in the R1 Single-Family District, AP Airport Overlay District and SH Shoreland Overlay District.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the required front yard setback along Chester Street from 25 feet to approximately 8 feet to allow for a ground level patio accessory to an existing single-family dwelling on a reverse corner lot located at 5949 2nd Avenue South in the R1 Single-Family District, SH Shoreland Overlay District and AP Airport Overlay District, subject to the following conditions of approval:
  1. Approval of the final site plan by the Department of Community Planning and Economic Development – Planning Division.
  2. All site improvements shall be completed by September 13, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Approved on Consent
C. Variance: DeAnna Evjen has applied for a variance to reduce the required front yard setback along Chester Street from 25 feet to approximately 16 feet to allow for a new detached garage accessory to an existing single-family dwelling on a reverse corner lot for the property located at 5949 2nd Avenue South in the R1 Single-Family District, AP Airport Overlay District and SH Shoreland Overlay District.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the required front yard setback along Chester Street from 25 feet to approximately 16 feet to allow for a new detached garage accessory to an existing single-family dwelling on a reverse corner lot located at 5949 2nd Avenue South in the R1 Single-Family District, SH Shoreland Overlay District and AP Airport Overlay District, subject to the following conditions of approval:
  1. The exterior materials used for the detached garage shall complement the exterior materials of the principal structure on the property.
  2. Approval of the final site, floor and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  3. All site improvements shall be completed by September 13, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Approved on Consent
D. Variance: DeAnna Evjen has applied for a variance to reduce the north interior side yard setback from 6 feet to 2 feet to allow for a new detached garage accessory to an existing single-family dwelling on a reverse corner lot for the property located at 5949 2nd Avenue South in the R1 Single-Family District, AP Airport Overlay District and SH Shoreland Overlay District.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the north interior side yard setback from 6 feet to 2 feet to allow for a new detached garage accessory to an existing single-family dwelling on a reverse corner lot located at 5949 2nd Avenue South in the R1 Single-Family District, SH Shoreland Overlay District and AP Airport Overlay District, subject to the following conditions of approval:
  1. The exterior materials used for the detached garage shall complement the exterior materials of the principal structure on the property.
  2. Approval of the final site and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  3. All site improvements shall be completed by September 13, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Approved on Consent
5.  4008 Beard Avenue South (BZZ #5712, Ward: 13) (Sether)
A. Variance: Heidi and Kevin Clarity have applied for a variance to reduce the required front yard along Beard Avenue South from approximately 31 feet to approximately 27 feet to allow for an open front porch for the existing single family dwelling located at 4008 Beard Avenue South in the R1A Single-Family Residence District.
Action: The Board of Adjustment continued the variance to reduce the required front yard along Beard Avenue South from approximately 31 feet to 27 feet to allow for an open front porch for the property located at 4008 Beard Avenue South in the R1A Single-Family District, one-cycle, to the September 27, 2012, Zoning Board of Adjustment public hearing.
Continued to the September 27, 2012, Board of Adjustment meeting.
B. Variance: Heidi and Kevin Clarity have applied for Variance to reduce the minimum north interior side yard setback from 5 feet to approximately 3 feet to allow for a new open front porch for the existing single family dwelling located at 4008 Beard Avenue South in the R1A Single-Family Residence District.
Action: The Board of Adjustment continued the variance to reduce the minimum north interior side yard setback from 5 feet to approximately 3 feet to allow for a new open front porch for the property located at 4008 Beard Avenue South in the R1A Single-Family District, one-cycle, to the September 27, 2012, Zoning Board of Adjustment public hearing.
Continued to the September 27, 2012, Board of Adjustment meeting.
C. Variance: Heidi and Kevin Clarity have applied for Variance to increase the maximum width of stairs from 6 feet to 7 feet 6 inches located in the required front yard setback for the existing single family dwelling located at 4008 Beard Avenue South in the R1A Single-Family Residence District.
Action: The Board of Adjustment continued the variance to increase the maximum width of stairs from 6 feet to 7 feet 6 inches located in the required front yard setback for the property located at 4008 Beard Avenue South in the R1A Single-Family District, one-cycle, to the September 27, 2012, Zoning Board of Adjustment public hearing.
Continued to the September 27, 2012, Board of Adjustment meeting.
6.  5005 Oliver Avenue South (BZZ #5713, Ward: 13) (Smoley)
Variance: John Jorde has applied for a variance toincrease the square footage of an accessory structure (detached garage) from 676 to 816 square feetat 5005 Oliver Avenue South in the R2B/Two Family District.
Action: The Board of Adjustment adopted staff findings and denied the variance to increase the square footage of an accessory structure (detached garage) from 676 to 816 square feet located at 5005 Oliver Avenue South in the R2B/Two Family District.
Aye: Cahill, Ditzler, Finlayson, Meier, Ogiba, Sandberg, Thompson
Absent: Nutt
Motion Passed
7.  3660 Technology Drive Northeast (BZZ #5734, Ward: 1) (Sether)
Variance: David Heim of Open Access Technology International, Inc., on behalf of the City of Minneapolis – Community Planning and Economic Development, has applied for a variance to increase the maximum height of two walls signs from 28 feet to approximately 46 feet 8 inches for the property located at 3660 Technology Drive Northeast in the I1 Light Industrial District, MR Mississippi River Critical Area Overlay District and SH Shoreland Overlay District.
Action: The Board of Adjustment adopted staff findings and approved the variance to increase the maximum height of two walls signs from 28 feet to approximately 46 feet 8 inches for the property located at 3660 Technology Drive Northeast in the I1 Light Industrial District, MR Mississippi River Critical Area Overlay District and SH Shoreland Overlay District, subject to the following condition of approval:
  1. Approval of the final signs plans by the Department of Community Planning and Economic Development – Planning Division.
Approved on Consent

For Discussion

Unfinished Business
Adoption of the amended bylaws introduced on December 15, 2011.
New Business
Adjournment
The meeting adjourned at 7:00 p.m.
The next Board of Adjustment meeting: September 27, 2012
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Last updated Sep. 14, 2012