Minneapolis Zoning Board of Adjustment Actions 

Regular Meeting
4:30 p.m., Thursday, December 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
The meeting was called to order at 4:30 p.m.
Minutes were approved for the meeting held on November 29, 2012

Public Hearings

 
Introduction to the Public Hearing
Public Hearing
1.    1319 Marshall Street Northeast (BZZ #5816, Ward: 3) (Sether)
This item was Continued from the November 29, 2012, Board of Adjustment meeting.
Variance: Continued from the November 29, 2012, BOA meeting. 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.
Action: The Board of Adjustment adopted staff findings and approved the nonconforming use certificate to establish legal nonconforming rights to a nightclub located at 1319 Marshall Street NE in the C1 Neighborhood Commercial District.
Approved on Consent
2.  2721 East Lake of the Isles Parkway (BZZ #5869, Ward: 10) (Sether)
A. Variance: Mark Nelson of David Heide Design Studio, on behalf of David and Leni Moore, has applied for a variance to reduce the rear yard setback from 6 feet to 0 feet (measured to the eave) to allow for a new attached garage at the property located at 2721 East Lake of the Isles Parkway in the R1 Single-Family District and SH Shoreland Overlay District.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the rear yard setback from 6 feet to 0 feet (measured to the eave) for a new attached garage, for the property located at 2721 East Lake of the Isles Parkway in the R1 Single-Family District and SH Shoreland Overlay 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 December 13, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Aye: Cahill, Ditzler, Finlayson, Meier, Nutt, Ogiba, Sandberg, Thompson
Motion Passed
B. Variance: Mark Nelson of David Heide Design Studio, on behalf of David and Leni Moore, has applied for a variance to reduce the south interior side yard setback from 6 feet to 0 feet (measured to the eave) to allow for a new attached garage at the property located at 2721 East Lake of the Isles Parkway in the R1 Single-Family District and SH Shoreland Overlay District.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the south interior side yard setback from 6 feet to 0 feet (measured to the eave) for a new attached garage, for the property located at 2721 East Lake of the Isles Parkway in the R1 Single-Family District and SH Shoreland Overlay 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 December 13, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Aye: Cahill, Ditzler, Finlayson, Meier, Nutt, Ogiba, Sandberg, Thompson
Motion Passed
C. Variance: Mark Nelson of David Heide Design Studio, on behalf of David and Leni Moore, has applied for a variance to reduce the south interior side yard from 6 feet to approximately 1 foot to allow for the expansion of an existing roof terrace at the property located at 2721 East Lake of the Isles Parkway in the R1 Single-Family District and SH Shoreland Overlay District.
Action: The Board of Adjustment adopted staff findings #1 and #3 and amended staff finding #2 to read:
All variances: Staff finds that the applicant is proposing to use the property in a reasonable manner that is consistent with the zoning code and comprehensive plan. The purpose of yard requirements and regulations pertaining to the location of structures is to provide for orderly development and use of land and to minimize conflicts among land uses between principal and accessory uses. The proposed garage will be constructed in the same location and footprint as the existing detached garage. The proposed rear addition will replace an existing brick patio. The proposed roof-terrace will have an expanded footprint of 36 square feet within the required side yard and will have a new 6-foot high screen fence along the south property line. The adjacent property to the rear is located 5 feet higher in elevation and the adjacent property owners to the rear and the south have retaining walls and fences that are or exceed 6 feet in height. With the existing, retaining walls and fences, the proposed additions will be significantly screened from view. Further, the south property line is landscaped with deciduous trees, which would allow for screening of the proposed roof-terrace expansion.
and approved the variance to reduce the south interior side yard from 6 feet to approximately 1 foot to allow for the expansion of an existing roof-terrace, for the property located at 2721 East Lake of the Isles Parkway 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 December 13, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Aye: Cahill, Ditzler, Finlayson, Meier, Nutt, Ogiba, Sandberg, Thompson
Motion Passed
D. Variance: Mark Nelson of David Heide Design Studio, on behalf of David and Leni Moore, has applied for a variance to reduce the rear yard setback from 6 feet to 4 feet 6 inches to allow for a new addition to an existing single-family dwelling at the property located at 2721 East Lake of the Isles Parkway in the R1 Single-Family District and SH Shoreland Overlay District.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the rear yard setback from 6 feet to 4 feet 6 inches for a new addition to an existing single-family dwelling, for the property located at 2721 East Lake of the Isles Parkway in the R1 Single-Family District and SH Shoreland 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 and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  3. All site improvements shall be completed by December 13, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Aye: Cahill, Ditzler, Finlayson, Meier, Nutt, Ogiba, Sandberg, Thompson
Motion Passed
3.  3400 29th Street West (BZZ #5863, Ward: 7) (Sether)
Variance: Sarah Nymo of Rehkamp Larson Architects, Inc., on behalf of Don and Annie Smithmier, has applied for a variance to reduce the northerly interior side yard setback from 6 feet to 1 foot to allow for a new detached accessory structure for the property located at 3400 29th Street West in the R1 Single-Family District and SH Shoreland Overlay District.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the northerly interior side yard setback from 6 feet to 1 foot to allow for a new detached accessory structure for the property located at 3400 29th Street West in the R1 Single-Family District and SH Shoreland Overlay District, subject to the following conditions of approval:
  1. The exterior materials used for the accessory structure shall complement and be similar to the exterior materials of the principal structure on the property.
  2. The primary roof pitch of the garage is 9/12 and is a gable roof to match the pitch and roof type of the principal structure.
  3. Approval of the final site and elevation plans by the Department of Community Planning and Economic Development – Planning Division.
  4. All site improvements shall be completed by December 13, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Approved on Consent

For Discussion

Unfinished Business
New Business
The 2013 Board of Adjustment meeting calendar was approved as proposed.
Board members Cahill, Finlayson, Ogiba, and Sandberg were elected as the nominating committee for the 2013 Board of Adjustment slate of officers.
Adjournment
The meeting adjourned at 5:06 p.m.
The next Board of Adjustment meeting: January 17, 2012
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Last updated Dec. 14, 2012