Minneapolis Zoning Board of Adjustment Actions

Regular Meeting
4:30 p.m., Thursday, September 27, 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
The meeting was called to order at 4:30 p.m.
Minutes were approved for the meeting held on September 13, 2012

Public Hearings

 
Introduction to the Public Hearing
 
Public Hearing
1.  4008 Beard (BZZ #5712, Ward: 13) (Sether)
A. Variance: Heidi and Kevin Clarity have applied for a variance to reduce the required front yard setback along Beard Avenue South from approximately 31 feet to approximately 27 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 Zoning Board of Adjustment adopted staff findings and approved the variance to reduce the required front yard setback 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, subject to the following conditions of approval:
  1. The handrails shall not exceed 3 feet in height or be more than 50 percent opaque.
  2. The finish of the porch shall match the finish of the dwelling or the trim on the dwelling.
  3. Raw or unfinished lumber shall not be permitted on an open front porch.
Aye: Cahill, Ditzler, Finlayson, Meier, Nutt, Ogiba, Sandberg, Thompson
Motion Passed
B. Variance: Heidi and Kevin Clarity have applied for a 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 Zoning Board of Adjustment adopted staff findings and approved 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, subject to the following conditions of approval:
  1. The handrails shall not exceed 3 feet in height or be more than 50 percent opaque.
  2. The finish of the porch shall match the finish of the dwelling or the trim on the dwelling.
  3. Raw or unfinished lumber shall not be permitted on an open front porch.
Aye: Cahill, Ditzler, Finlayson, Meier, Nutt, Ogiba, Sandberg, Thompson
Motion Passed
C. Variance: Heidi and Kevin Clarity have applied for a 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 Zoning Board of Adjustment adopted staff findings and denied 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.
Aye: Cahill, Ditzler, Finlayson, Meier, Nutt, Ogiba, Sandberg, Thompson
Motion Passed
2.  2548 Pleasant Avenue (BZZ #5738, Ward: 6) (Sether)
A. Variance: Andrew Rasmussen, of Accessible Homes, on behalf of REM Hennepin Inc., has applied for a variance to reduce the required front yard setback along Pleasant Avenue from 20 feet to approximately 13.5 feet to allow for the construction of an accessible lift for an existing place of assembly and a convent, monastery or religious retreat center located at 2548 Pleasant Avenue in the R2B Two Family District.
Action: Notwithstanding staff recommendation the Board of Adjustment approved the variance to reduce the required front yard setback along Pleasant Avenue South from 20 feet to approximately 13.5 feet to allow for an accessible lift accessory to an existing place of assembly and convent, monastery or religious retreat center located at 2548 Pleasant Avenue South, based on the following findings:
  1. Practical difficulties exist in complying with the ordinance due to circumstances unique to the property. The existing single-family structure was constructed in 1899 and a large rear addition was constructed in 1955. The proposed lift is approximately 5 feet deep and 4.5 feet wide and any location on the property, would project into the required yard(s).
  2. The applicant is seeking variances to reduce the required front yard setbacks to allow for an accessible lift. The purpose of yard requirements is to provide for orderly development and use of land and to minimize conflicts among land uses by governing the location of accessory uses and structures. The proposed location of the accessible lift and the off-street bicycle parking is reasonable given the placement of the existing structure on the lot. The addition that was added in 1955 is built out to West 26th Street. The proposed accessible lift will be located in such a way as to provide reasonable access to the use.
  3. The placement of the lift would not change the essential character of the surrounding area. The proposed location of the accessible lift on the front of the structure will not eliminate sightlines and it will be safer to allow for access. Further, the proposed accessible lift will not be injurious to the use or enjoyment of others in the vicinity; the adjacent property to the north is set closer to the front property line along Pleasant Avenue and will not have their sightlines obstructed.  
Aye: Cahill, Ditzler, Finlayson, Meier, Nutt, Ogiba, Sandberg
Nay: Thompson
Motion Passed
B. Variance: Andrew Rasmussen, of Accessible Homes, on behalf of REM Hennepin Inc., has applied for a variance to reduce the required corner side yard setback along 26th Street West from 10 feet to 4 feet to allow for the construction of bicycle racks for an existing place of assembly and a convent, monastery or religious retreat center located at 2548 Pleasant Avenue in the R2B Two Family District.
Action: Notwithstanding the staff recommendation, the Board of Adjustment denied the variance to reduce the required corner side yard setback along 26th Street West from 10 feet to 4 feet to allow for bicycle racks accessory to an existing place of assembly and convent, monastery or religious retreat center located at 2548 Pleasant Avenue South.
Aye: Cahill, Ditzler, Finlayson, Meier, Nutt, Ogiba, Sandberg
Nay: Thompson
Motion Passed
C. Variance: Andrew Rasmussen, of Accessible Homes, on behalf of REM Hennepin Inc., has applied for a variance to reduce the required corner side yard setback to allow for the construction of bicycle racks for an existing place of assembly and a convent, monastery or religious retreat center located at 2548 Pleasant Avenue in the R2B Two Family District.
Action: The Board of Adjustment adopted the findings and approved the variance to reduce the required corner side yard setback along 26th Street West from 10 feet to 4 feet to allow for bicycle racks accessory to an existing place of assembly and convent, monastery or religious retreat center located at 2548 Pleasant Avenue South, 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 September 27, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Aye: Cahill, Ditzler, Finlayson, Meier, Nutt, Ogiba, Sandberg
Nay: Thompson
Motion Passed
 3. 801 8th Street South, 802 9th Street South, and 814 9th Street South (BZZ #5753, Ward: 7) (Sether)
Variance: Brian Maupin of Allied Parking has applied for a variance to increase the maximum area of two projecting signs from 12 square feet to 56 square feet located on an existing principal parking facility (parking ramp) located at 801 8th Street South, 802 9th Street South, and 814 9th Street South in the OR3 Institutional Office Residence District.
Action: The Board of Adjustment adopted staff findings and approved the variance to increase the maximum area of two projecting signs from 12 square feet to 56 square feet located on an existing principal parking facility (parking ramp) located at 801 8th Street South, 802 9th Street South and 814 9th Street South in the OR3 Institutional Office Residence District, subject to the following condition of approval:
  1. Approval of the final sign plans by the Department of Community Planning and Economic Development – Planning Division.
  2. Four existing wall signs shall be removed; one located on 8th Street South, one located on Chicago Avenue, one located at the corner of 8th Avenue South and Chicago Avenue and one located at the corner of the 9th Avenue South and Chicago Avenue.
Approved on Consent
4.  1937 Ewing Avenue South (BZZ #5756, Ward: 7) (Sether)
Variance: Bruce Yerigan of Yerigan Construction, on behalf of Chris and Mario Levy, has applied for a variance to allow for development on or within 40 feet of the top of a steep slope to allow for the construction of an addition to the front of an existing single family dwelling located at 1937 Ewing Avenue South in the R1 Single Family District and SH Shoreland Overlay District.
Action: The Board of Adjustment adopted staff findings and approved a variance to allow for development on or within 40 feet of the top of a steep slope to allow for the construction of an addition to the front of an existing single-family dwelling located at 1937 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 September 27, 2014, 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
5.  4053 11th Avenue South (BZZ #5686, Ward: 8) (Steen)
Variance: Dustin Endres, on behalf of Endres Custom Homes, Inc., has applied for a variance to reduce the required side yard setback from one (1) foot to 9.6 inches to permit a detached garage accessory to a single family dwelling located at 4053 11th Avenue South in the R1A Single Family District.
Action: The Board of Adjustment adopted staff findings and denied the variance to reduce the south interior side yard setback from one (1) foot to 9.6 inches to permit a detached garage accessory to a single family dwelling located at 4053 11th Avenue South in the R1A Single Family District.
Aye: Cahill, Ditzler, Finlayson, Meier, Nutt, Ogiba, Sandberg, Thompson
Motion Passed
6.  3133 East Lake Calhoun Parkway (BZZ #5737, Ward: 10) (Sether)
Variance: Paul Udris, of U+B Architecture and Design, on behalf of Michael Keller, has applied for a variance to reduce the required north interior side yard setback from 5 feet to approximately 3 feet to allow for the construction of a rear addition to an existing single family dwelling located at 3133 East Lake Calhoun Parkway in the R1A Single Family District and SH Shoreland Overlay District.
Action: This item was Withdrawn.

For Discussion

Unfinished Business
New Business
Adjournment
The meeting adjourned at 6:10 p.m.
The next Board of Adjustment meeting: October 11, 2012
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Last updated Sep 28, 2012