Minneapolis Zoning Board of Adjustment Actions 

Regular Meeting

4:30 p.m., Thursday, June 6, 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, Ami Thompson

Committee Clerk: Lisa Baldwin, 612.673.3710

The meeting was called to order at 4:32 p.m.

Minutes were approved for the meeting held on May 23, 2013

 

Public Hearings

 

Public Hearing

1.   247 Chicago Avenue South (BZZ #5910, Ward 7) (Steen)
This item was Continued from the February 14, March 21, April 4, and April 18 Board of Adjustment meetings.

Appeal: Application by Eric H. Galatz, on behalf of Megabus USA, LLC, for an appeal of the Zoning Administrator’s determination that the bus passenger loading and unloading at 247 Chicago Avenue South is classified as a Bus Turnaround under the Minneapolis Code of Ordinances, thus requiring a conditional use permit (CUP).

Action: Notwithstanding staff recommendation, the Board of Adjustment granted the appeal of the Zoning Administrator’s determination that the bus passenger loading and unloading at 247 Chicago Avenue South is classified as a Bus Turnaround under the Minneapolis Code of Ordinances, based on the following findings:

1.    Megabus, an intercity bus carrier, utilizes the commercial parking lot located at 247 Chicago Avenue as a bus stop for the regular loading and unloading of passengers.

2.    Megabus’ use of the parking lot, in conjunction with the right-of-way, is not a Bus Turnaround.

Aye: Finlayson, Johannessen, Meier and Ogiba

Nay: Ditzler, Sandberg and Thompson

Abstain: Cahill

Motion Passed

2.   101 32nd Street East (BZZ #6019, Ward 10) (Sether)
This item was Continued from the May 23, 2013, Board of Adjustment meeting.

Variance: Eric Vagle of Minnesota Teen Challenge has applied for a variance of the specific development standards for a community residential facility which permits on-site services for residents of the facility only, except where part of a regimen of scheduled post-residential treatment. Minnesota Teen Challenge is proposing to allow for on-site outpatient chemical dependency treatment services to clients who have not completed a residential treatment program located at 101 32nd Street East in the R5 Multiple Family District.

Action: The Board of Adjustment adopted staff findings and approved the variance of the specific development standards to allow for a community residential facility providing on-site, outpatient chemical dependency treatment services to clients who have not completed a residential treatment program located at 101 32nd Street East in the R5 Multiple Family District, subject to the following condition of approval:

1.    On-site services shall be allowed for residents of the facility, those participating in a scheduled post-residential treatment program and up to fifteen (15) outpatient clients per day who have not completed a residential treatment program.

Absent: Cahill

Approved on Consent

3.   3033 Excelsior Boulevard (BZZ #6061, Ward 13) (Sether)

Variance A: Thatcher Imboden of The Ackerberg Group, on behalf of Acky-Calhoun, LLC, has applied for a variance to increase the maximum height of a freestanding sign from 8 feet to approximately 20 feet to allow for a new freestanding sign accessory to an existing office building located at 3033 Excelsior Boulevard in the OR2 High Density Office Residence District.

Action: The Board of Adjustment adopted staff findings and denied the variance to increase the maximum height of a freestanding sign from 8 feet to approximately 20 feet to allow for a new freestanding sign accessory to an existing office building located at 3033 Excelsior Boulevard in the OR2 High Density Office Residence District.

Aye: Cahill, Ditzler, Johannessen, Meier, Ogiba, Sandberg and Thompson

Nay: Finlayson

Motion Passed

Variance B: Thatcher Imboden of The Ackerberg Group, on behalf of Acky-Calhoun, LLC, has applied for a variance to increase the maximum area of a freestanding sign from 32 square feet to approximately 208 square feet to allow for a new freestanding sign accessory to an existing office building located at 3033 Excelsior Boulevard in the OR2 High Density Office Residence District.

Action: The Board of Adjustment adopted staff findings and denied the variance to increase the maximum area of a freestanding sign from 32 square feet to approximately 208 square feet to allow for a new freestanding sign accessory to an existing office building located at 3033 Excelsior Boulevard in the OR2 High Density Office Residence District.

Aye: Cahill, Ditzler, Johannessen, Meier, Ogiba, Sandberg and Thompson

Nay: Finlayson

Motion Passed

Variance C: Thatcher Imboden of The Ackerberg Group, on behalf of Acky-Calhoun, LLC, has applied for a variance of the permitted sign type to allow for a freestanding sign that is not a monument sign to allow for a new freestanding sign accessory to an existing office building located at 3033 Excelsior Boulevard in the OR2 High Density Office Residence District.

Action: The Board of Adjustment adopted staff findings and denied the variance of the permitted sign type to allow for a freestanding sign that is not a monument sign to allow for a new freestanding sign accessory to an existing office building located at 3033 Excelsior Boulevard in the OR2 High Density Office Residence District.

Aye: Cahill, Ditzler, Johannessen, Meier, Ogiba, Sandberg and Thompson

Nay: Finlayson

Motion Passed

4.   2803 Polk Street Northeast (BZZ #6031, Ward 1) (Smoley)

Variance: Tim Rysgaard has applied for a variance to reduce the required front yard setback on a reverse corner lot along 28th Avenue Northeast from the established front yard to 15 feet, to construct a new single family dwelling located at 2803 Polk Street Northeast in the R2B Two Family District. 

Action: The Board of Adjustment adopted staff findings and approved a variance to reduce the required front yard setback on a reverse corner lot along 28th Avenue Northeast from the established front yard to 15 feet, to construct a new single family dwelling located at 2803 Polk Street Northeast in the R2B Two Family District subject to the following condition:

1.    Final site and elevation plans must be approved by CPED staff.

Absent: Cahill

Approved on Consent

5.   401 Logan Avenue North (BZZ #6048, Ward 5) (Vrchota)

Variance: Kathryn Wetzel-Mastel of PRG, Inc. has applied for a variance to reduce the front yard setback along 4th Avenue North from 20.5 feet to 13.5 feet to allow for the construction of a new single-family dwelling on a reverse corner lot for the property located at 401 Logan Avenue North in the R1A Single-Family Residence District.

Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the front yard setback along 4th Avenue North from 20.5 feet to 13.5 feet to allow for the construction of a new single-family dwelling on a reverse corner lot for the property located at 401 Logan Avenue North in the R1A Single-Family Residence District, subject to the following conditions:

1.    The applicant shall apply to obtain necessary approvals for administrative site plan review.

2.    CPED staff review and approve the final site plan, building plans, and elevations. 

3.    All site improvements shall be completed by June 6, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

Absent: Cahill

Approved on Consent

6.   2565 Burnham Road (BZZ #6040, Ward 7) (Vrchota)

Variance: Michael Roehr of Roehr Schmitt Architecture has applied for a variance to allow for development, including the construction of a new single-family dwelling with attached garage, on or within 40 feet of the top of a steep slope for the property located at 2565 Burnham Road 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, including the construction of a single-family dwelling with attached garage, on or within 40 feet of the top of a steep slope for the property located at 2565 Burnham Road in the R1 Single Family District and SH Shoreland Overlay District subject to the following conditions of approval:

1.    The applicant shall apply to obtain necessary approvals for administrative site plan review.

2.    Prior to applying for site plan review, the Applicant shall provide a report from a licensed arborist assessing the condition and feasibility of preserving any trees over 12” in diameter at breast height (4.5 feet above the ground) that are not shown as being preserved on the proposed site plan.  All trees that can feasibly be preserved shall be maintained and protected through the construction process. 

3.    The Applicant shall provide a detailed tree protection plan with the site plan review application.

4.    The Applicant shall include a landscaping plan with the site plan review application. The landscaping plan shall include a plan to mitigate the loss of trees over 12” in diameter at breast height (4.5 feet above the ground) that are removed for the construction of the house.

5.    CPED staff review and approve the final site plan, building plans, and elevations. 

6.    All site improvements shall be completed by June 6, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

Aye: Cahill, Ditzler, Finlayson, Johannessen, Meier, Ogiba, Sandberg and Thompson

Motion Passed

7.   1616 Mount Curve Avenue (BZZ #6068, Ward 7) (Sether)

Variance: David Steingas of Steiner & Koppelman, LLC, 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 the remodel of an existing attached garage, including a re-roof from a gable roof to a gambrel roof and exterior modifications to the existing doors and walls and a new patio, 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 allow for the remodel of an existing attached garage, including a re-roof from a gable roof to a gambrel roof and exterior modifications to the existing doors and walls and a new patio, 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 June 6, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

Absent: Cahill

Approved on Consent

For Discussion

Adjournment

The meeting adjourned at 7:02 p.m.

The next Board of Adjustment meeting: June 20, 2013

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Last updated Jun 7, 2013