Minneapolis Zoning Board of Adjustment Actions 

Regular Meeting
4:30 p.m., Thursday, May 2, 2013
Room 317, City Hall
350 South Fifth Street
Minneapolis, MN 55415-1385
Board Membership: Sean Cahill, Matt Ditzler, John Finlayson, Eric Johannessen, Pam Meier, Dan Ogiba, Matt Perry, Dick Sandberg, and Ami Thompson
Committee Clerk: Diana Armstrong, 612.673.2615
 
Board members absent: Pam Meier
The meeting was called to order at 4:31 p.m.
Minutes were approved for the meeting held on April 18, 2013

Public Hearings

 
Introduction to the Public Hearing
Public Hearing
1.   4957 Park Avenue South (BZZ #5985, Ward 8) (Steen)
Variance: Ben Baird has applied for a variance to decrease the required corner side yard setback from 8 feet to 5.4 feet to allow for a deck accessory to a single family home located at 4957 Park Avenue South in the R1A 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 decrease the required corner side yard setback from 8 feet to 5 feet, to allow for a deck accessory to a single family home, located at 4957 Park Avenue South, in the R1A Single-Family District, AP Airport Overlay District, and SH Shoreland Overlay District.
Approved on Consent
2.   2516 Humboldt Avenue South (BZZ #5983, Ward 10) (Sether)
Certificate of Nonconforming Use: Kathy and Aaron Hanson have applied for a Certificate of Nonconforming Use to establish legal nonconforming rights to a three-unit, multiple-family residence in an existing structure located at 2516 Humboldt Avenue South in the R2B Two-Family District.
Action: The Board of Adjustment adopted staff findings and approved the Certificate of Nonconforming Use to establish legal nonconforming rights to a three-unit, multiple-family residence in an existing structure located at 2516 Humboldt Avenue South in the R2B Two-Family District.
Approved on Consent
3.   2115 Aldrich Avenue South (BZZ #5998, Ward 10) (Sether)
Variance: Terri and Daniel Burks have applied for a variance to reduce the minimum north interior side yard setback from 5 feet to approximately 1 foot 9 inches measured to the exterior wall to allow the construction of a two-story addition to an existing single-family dwelling located at 2115 Aldrich Avenue South in the R6 Multiple-Family District. 
Action: Notwithstanding staff recommendation, the Board of Adjustment approved the variance to reduce the minimum north interior side yard setback from 5 feet to approximately 1 foot 9 inches to allow for the construction of a one-story addition and two-story rear addition to an existing single-family dwelling located at 2115 Aldrich Avenue South in the R6 Multiple-Family District, based on the following findings:
  1. There are practical difficulties in complying with the ordinance due to unique circumstances of the property, including the existing location of the dwelling and cantilever and the grade change and land use of the rear of the property. The dwelling was constructed in its present location, approximately 1 foot 9 inches to the north property line in 1896. The applicant is proposing to construct an addition to the existing first floor, under the existing cantilever and constructing a 16 foot by 19 foot 7 inch, two-story addition to the rear of the dwelling. Both additions would be located 1 foot 9 inches to the north property line.
  2. The applicant is seeking a variance to reduce the required north interior side yard setback from 5 feet to approximately 1 foot 9 inches to allow for a one-story addition to the first floor and a two-story addition to the rear of the existing single-family dwelling. 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 dwelling was built in 1896 in its present location, with 2 foot cantilevers on the north and south sides of the existing dwelling. The existing condition requires that the property owners maintain their structure 1 foot 9 inches from the north property line. The proposed remodel would increase from a second floor cantilever 1 foot 9 inches to the property line, to a two-story cantilever, 29 feet in length 1 foot 9 inches to the property line. The minimum interior side yard setback for a single-family dwelling in the R6 Multiple-Family District is 5 feet. The adjacent structure to the north is presently located approximately 10 feet from the shared property line. Therefore, applicant is proposing to use the property in a reasonable manner consistent with the zoning code.
  3. The Board of Adjustment finds that the granting of this variance to allow a first floor addition and a two-story rear addition approximately 1 foot 9 inches to the north property line will not alter the essential character of the locality and may be injurious to the use or enjoyment of other property in the vicinity. The proposed addition located within the required setback will be consistent with the block, area and city and will improve the property.
Finally, granting of the variance will not be detrimental to the health, safety, or welfare of the general public or of those utilizing the property or nearby properties, as long as it is constructed to current building codes and subject to the following conditions of approval:
  1. The exterior materials of the addition shall match the existing dwelling.
  2. The north elevation shall comply with the minimum window requirements per 535.90(c) of the zoning code.
  3. Approval of the final site, elevation and floor plans by the Department of Community Planning and Economic Development.
  4. All site improvements shall be completed by May 2, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Aye: Finlayson, Ogiba, Sandberg, Thompson
Nay: Cahill, Ditzler, Johannessen
Absent: Meier
Motion Passed
4.   1616 Mount Curve Avenue (BZZ #6011, Ward 7) (Sether)
Variance: Thomas Owens, on behalf of Andrew and Lisa Duff, has applied for a variance to allow for development on and within 40 feet of the top of a steep slope to allow for a new in-ground swimming pool with apron and fence and the repair and/or replacement of an existing retaining wall accessory to an existing single-family dwelling located at 1616 Mount Curve Avenue in the R2 Two-Family District and SH Shoreland Overlay District
Action: The Board of Adjustment adopted staff findings and approved the variance to allow for development on and within 40 feet of the top of a steep slope to allow for a new in-ground swimming pool with apron and fence and the repair and/or replacement of an existing retaining wall accessory to an existing single-family dwelling located at 1616 Mount Curve Avenue in the R2 Two-Family District and SH Shoreland Overlay District, subject to the following conditions of approval:
  1. Approval of the final site plans by the Department of Community Planning and Economic Development.
  2. All site improvements shall be completed by May 2, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Approved on Consent

For Discussion

Unfinished Business
New Business
Adjournment
The meeting adjourned at 5:15 p.m.
The next Board of Adjustment meeting: May 23, 2013
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Last updated May 3, 2013