Minneapolis Zoning Board of Adjustment Agenda

Regular Meeting
4:30 p.m., Thursday, November 29, 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

Call to Order

 
Roll Call Vote
Approval of Actions from the November 8, 2012, meeting.
Approval of Agenda
Petitions and Communications

Public Hearings

 
Introduction to the Public Hearing
 
Public Hearing
1.   1900 Marshall Street NE (BZZ #5847, Ward 3) (Steen) (Staff Report)
Variance: Leslie Bock has applied for a variance to allow for a deck addition within 40 feet of the top of a steep slope at 1900 Marshall Street NE in the C2 Neighborhood Corridor Commercial District, MR Mississippi River Critical Area Overlay, and SH Shoreland Overlay Districts.
Staff Recommendation: The Department of Community Planning and Economic Development – Planning Division recommends that the Board of Adjustment adopt staff findings and approve a variance to allow a second-story deck addition within forty (40) feet of the top of a steep slope, and within fifty (50) feet of the ordinary high water mark at 1900 Marshall Street NE in the C2 Neighborhood Corridor Commercial District, FP Floodplain Overlay District, MR Mississippi River Critical Area Overlay, and SH Shoreland Overlay District.
2.   5433 Cumberland Road (BZZ #5845, Ward 13) (Sether) (Staff Report)
Variance: James Krcma, on behalf of David Miller, has applied for a variance to reduce the required front yard along Cumberland Road from approximately 48 feet to approximately 38 feet to allow for a new open front porch and vestibule addition to an existing single-family dwelling located at 5433 Cumberland Road in the R1 Single-Family District.
Staff Recommendation: The Department of Community Planning and Economic Development – Planning Division recommends that the Board of Adjustment adopt staff findings and approve the variance to reduce the required front yard setback along Cumberland Road from approximately 48 feet to approximately 32 feet to allow for a new vestibule and open front porch to an existing single-family dwelling located at 5433 Cumberland Road 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 November 29, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
  3. The vestibule shall have compatible materials to the existing structure.
  4. The handrails of the porch shall not exceed 3 feet in height or be more than 50 percent opaque.
  5. The finish of the porch shall match the finish of the dwelling or the trim on the dwelling.
  6. Raw or unfinished lumber shall not be permitted on an open front porch.
3.  2358 Stinson Parkway (BZZ #5835, Ward: 1) (Sether) (Staff Report)
A. Variance: Karen O’Connor of Mother Earth Gardens (Crackpaw and Poppies, LLC) has applied for a variance to reduce the required front yard along Stinson Parkway to allow for outdoor sales and display area to allow for a new greenhouse, lawn and garden supply store located at 2358 Stinson Parkway in the C1 Neighborhood Commercial District.
Staff Recommendation: The Department of Community Planning and Economic Development – Planning Division recommends that the Board of Adjustment adopt staff findings and approve the variance to reduce the front yard setback along Stinson Parkway from approximately 32 feet to approximately 17 feet to allow for an outdoor sales and display area accessory to a lawn and garden supply store located at 2358 Stinson Parkway in the C1 Neighborhood Commercial 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 November 29, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
B. Variance: Karen O’Connor of Mother Earth Gardens (Crackpaw and Poppies, LLC) has applied for a variance of the enclosed building requirement to allow for outdoor sales and display area closer than twenty (20) feet from an adjacent residence district boundary for a new greenhouse, lawn and garden supply store located at 2358 Stinson Parkway in the C1 Neighborhood Commercial District.
Staff Recommendation: The Department of Community Planning and Economic Development – Planning Division recommends that the Board of Adjustment adopt staff findings and approve the variance to allow an outdoor sales and display area accessory to a lawn and garden supply store closer than twenty (20) feet from an adjacent residence district boundary located at 2358 Stinson Parkway in the C1 Neighborhood Commercial District, subject to the following conditions of approval:
  1. Approval of the final site plans by the Department of Community Planning and Economic Development – Planning Division.
  2. The applicant shall provide a minimum 5-foot wide, dense buffer and landscaped yard along the south property line.
  3. All site improvements shall be completed by November 29, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
C. Variance: Karen O’Connor of Mother Earth Gardens (Crackpaw and Poppies, LLC) has applied for a variance to increase the maximum height of a fence from 4 feet to 8 feet in the required front yard along Stinson Parkway to allow for a new greenhouse, lawn and garden supply store located at 2358 Stinson Parkway in the C1 Neighborhood Commercial District.
Staff Recommendation: The Department of Community Planning and Economic Development – Planning Division recommends that the Board of Adjustment adopt staff findings and approve the variance to increase the maximum height of an open and decorative fence from 4 feet to 6 feet in the required front yard along Stinson Parkway accessory to a lawn and garden supply store closer located at 2358 Stinson Parkway in the C1 Neighborhood Commercial District, subject to the following conditions of approval:
  1. Approval of the final site plans by the Department of Community Planning and Economic Development – Planning Division.
  2. The applicant shall provide a minimum 5-foot wide, dense buffer and landscaped yard along the south property line.
  3. All site improvements shall be completed by November 29, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
D. Variance: Karen O’Connor of Mother Earth Gardens (Crackpaw and Poppies, LLC) has applied for a variance to increase the maximum height of a fence from 6 feet to 8 feet and located within 5 feet of public sidewalk along Lowry Avenue NE, to allow for a new greenhouse, lawn and garden supply store located at 2358 Stinson Parkway in the C1 Neighborhood Commercial District.
Staff Recommendation: The Department of Community Planning and Economic Development – Planning Division recommends that the Board of Adjustment adopt staff findings and deny the variance to increase the maximum height of an open and decorative fence from 6 feet to 8 feet, located within 5 feet of public sidewalk along Lowry Avenue NE, located at 2358 Stinson Parkway in the C1 Neighborhood Commercial District.
4.  1319 Marshall Street Northeast (BZZ #5816, Ward: 3) (Sether) (Staff Report)
Variance: Laura Boyd of Alcohol Compliance Services, on behalf of Dusty’s Inc., has applied for a certificate of nonconforming use to establish legal nonconforming rights to a nightclub located at 1319 Marshall Street NE in the C1 Neighborhood Commercial District.
Staff Recommendation: The Department of Community Planning and Economic Development – Planning Division recommends that the Board of Adjustment adopt staff findings and deny the nonconforming use certificate to establish legal nonconforming rights to a nightclub located at 1319 Marshall Street NE in the C1 Neighborhood Commercial District.

For Discussion

Unfinished Business
New Business
Adjournment
The next regular Board of Adjustment meeting is scheduled for December 13, 2012.
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Last updated Nov 20, 2012