Minneapolis Zoning Board of Adjustment

Actions

 

Regular Meeting

4:30 p.m., Thursday, July 25, 2013

Room 317, City Hall

350 South Fifth Street

Minneapolis, MN  55415-1385

Board Membership: Sean Cahill, Matt Ditzler, John Finlayson, Eric Johannessen, Dan Ogiba, Matt Perry, Dick Sandberg, and Ami Thompson

Committee Clerk: Julie Biesemeier 612-673-3965

The meeting was called to order at 4:30 p.m.

Minutes were approved for the meeting held on July 11, 2013

 

Public Hearings

 

Introduction to the Public Hearing

Public Hearing

1.   4272 Queen Ave S (BZZ #6130, Ward 13) (Shanna Sether)

Variance: Application by Rod Helm, on behalf of Mark Tilton, for a variance to reduce the required front yard setback along Queen Ave S from the setback established by connecting a line between the two adjacent structures from approximately 64 feet 8 inches to approximately 52 feet 6 inches to allow for a second story addition and to approximately 46 feet 6 inches a new open front porch to an existing single-family dwelling located at 4272 Queen Ave S 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 required front yard setback along Queen Ave S from the setback established by connecting a line between the two adjacent structures from approximately 64 feet 8 inches to approximately 52 feet 6 inches to allow for a second story addition and to approximately 46 feet 6 inches a new open front porch to an existing single-family dwelling located at 4272 Queen Ave S in the R1 Single-Family District and SH Shoreland Overlay District, subject to the following conditions of approval:

  1. The exterior materials of the addition shall match the existing dwelling.
  2. Approval of the final site, elevation and floor plans by the Department of Community Planning and Economic Development.
  3. All site improvements shall be completed by July 25, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

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

      Approved on consent

2.   2905 Brookwood Terrace (BZZ #6134, Ward 13) (Shanna Sether)

A. Variance: Application by Al Theisen, on behalf of Aaron Youngdahl, for a variance to reduce the minimum south interior side yard setback from 6 feet to approximately 3 feet to allow for an addition to the existing attached garage located at 2905 Brookwood Terrace in the R1 Single-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.

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

      Approved on consent

B. Variance: Application by Al Theisen, on behalf of Aaron Youngdahl, for a variance to allow for development within 40 feet of the top of a steep slope or bluff in the SH Shoreland Overlay District located at 2905 Brookwood Terrace in the R1 Single-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. The proposed addition shall comply with the minimum window requirements per 535.90(c) of the zoning code.
  2. Approval of the final site plans by the Department of Community Planning and Economic Development.
  3. 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: Cahill, Ditzler, Finlayson, Johannessen, Ogiba, Sandberg, Thompson

      Approved on consent

 3.  1100 Marquette Ave (BZZ #6132, Ward 7) (Shanna Sether)

A. Variance: Application by Frank Hickey of Signia Design, Inc., on behalf of Minnesota Orchestral Association, LLC, for a variance to allow for more than one freestanding sign on a zoning lot to allow for two new monument signs located at Orchestra Hall - 1100 Marquette Ave in the B4S-2 Downtown Service District, NM Nicollet Mall Overlay District, DP Downtown Parking Overlay District.

Action: The Board of Adjustment adopted staff findings and denied the variance to allow for more than one freestanding sign on a zoning lot accessory Orchestra Hall, an indoor theater located at 1100 Marquette Ave in the B4S-2 Downtown Service District, NM Nicollet Mall Overlay District, DP Downtown Parking Overlay District.

      Aye: Cahill, Ditzler, Finlayson, Johannessen, Sandberg, Thompson

      Nay: Ogiba

      Motion passed

B. Variance: Application by Frank Hickey of Signia Design, Inc., on behalf of Minnesota Orchestral Association, LLC, for a variance to increase the maximum height of two new monument signs from 8 feet to approximately 10 feet 4 inches located at Orchestra Hall - 1100 Marquette Ave in the B4S-2 Downtown Service District, NM Nicollet Mall Overlay District, DP Downtown Parking Overlay District.

Action: The Board of Adjustment adopted staff findings and denied the variance to increase the maximum height of two new monument signs from 8 feet to approximately 10 feet 4 inches accessory Orchestra Hall, an indoor theater located at 1100 Marquette Ave in the B4S-2 Downtown Service District, NM Nicollet Mall Overlay District, DP Downtown Parking Overlay District.

      Aye: Cahill, Ditzler, Finlayson, Johannessen, Sandberg, Thompson

      Nay: Ogiba

      Motion passed

4.   2514 Thomas Ave S (BZZ #6135, Ward 7) (Shanna Sether)

A. Variance: Application by Benjamin Lockhart for a variance to reduce the minimum south interior side yard setback from 5 feet to approximately 1 foot 2 inches to allow for a rear two and a half story addition to an existing dwelling located at 2514 Thomas Ave S in the R1A Single-Family District and SH Shoreland Overlay District.

Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the minimum south interior side yard setback from 5 feet to approximately 1 foot 2 inches to allow for a rear two and a half story addition to an existing dwelling located at 2514 Thomas Ave S in the R1A Single-Family District and SH Shoreland Overlay District, subject to the following conditions of approval:

  1. The exterior materials of the addition shall match the existing dwelling.
  2. Approval of the final site, elevation and floor plans by the Department of Community Planning and Economic Development.
  3. All site improvements shall be completed by July 25, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

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

      Approved on consent

5.   4843 35th Ave S (BZZ #6106, Ward 12) (Shanna Sether)

A. Variance: Application by Robert LeVasseur for a variance to reduce the required front yard setback along 35th Ave S from the setback established by connecting a line between the front of the homes on the two adjacent properties from approximately 29 feet to approximately 23 feet 7 inches to allow for a second story addition over the existing first floor for the property located at 4843 35th Ave S in the R1 Single-Family District.

Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the required front yard setback along 35th Ave S from the setback established by connecting a line between the front of the homes on the two adjacent properties from approximately 28 feet to approximately 23 feet 7 inches to allow for a second story addition over the existing first floor for the property located at 4843 35th Avenue South in the R1 Single-Family District, subject to the following conditions of approval:

  1. The exterior materials of the addition shall match the existing dwelling.
  2. Approval of the final site, elevation and floor plans by the Department of Community Planning and Economic Development.
  3. All site improvements shall be completed by July 25, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

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

      Motion passed

B. Variance: Application by Robert LeVasseur for a variance to reduce the required front yard setback along 35th Ave S from approximately 29 feet to approximately 5 feet to allow for a ground level patio for the property located at 4843 35th Ave S in the R1 Single-Family District.

Action: Notwithstanding the staff recommendation, the Board of Adjustment approved the variance to reduce the required front yard setback along 35th Ave S from approximately 28 feet to approximately 5 feet to allow for a ground level patio for the property located at 4843 35th Ave S in the R1 Single-Family District, based on the following findings:

 

Finding #1: There are unique circumstances of the property, including the location of the adjacent neighbor’s house, the lack of an alley and the substandard lot size and these circumstances create a practical difficulty in complying with the ordinance. The minimum front yard setback in the R1 District is 25 feet, but has been increased to 28 feet due to the location of the adjacent neighbor to the north. The applicant added a stamped concrete patio and walkway at the front of the existing dwelling. A ground level patio, 50 square feet or less in area, and a walkway not exceeding 4 feet width are both permitted obstructions in the required front yard setback.

 

Finding #2: The minimum front yard setback in the R1 District is 25 feet, but has been increased to 28 feet due to the location of the adjacent neighbor to the north. 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 existing dwelling to the south includes an enclosed front porch, located approximately 18 feet to the front property line. The next neighbor to the south has a two-story open front porch and a walkway that exceeds 4 feet in width. The applicant added a stamped concrete patio and walkway to the front of the existing dwelling. The patio and walkway would allow for a reasonable use of the property that is consistent with the spirit and intent of the ordinance.

Finding #3: Granting of these variances would not negatively alter the essential character of the area. Many of the dwellings in the area have porches, both open and enclosed, and patios in the surrounding area. The applicant is added a stamped concrete patio and walkway at the front of the existing dwelling. If granted, the proposed variances will not be detrimental to the health, safety or welfare of the public or those utilizing the property.

 

      Aye: Cahill, Finlayson, Ogiba, Sandberg, Thompson

      Nay: Ditzler, Johannessen

      Motion passed

C. Variance: Application by Robert LeVasseur for a variance to increase the permitted width of a walkway in the required front yard setback along 35th Ave S from four feet to six feet for the property located at 4843 35th Ave S in the R1 Single-Family District.

Action: Notwithstanding the staff recommendation, the Board of Adjustment approved the variance to increase the permitted width of a walkway in the required front yard setback along 35th Ave S from four feet to six feet for the property located at 4843 35th Ave S in the R1 Single-Family District, based on the following findings:

 

Finding #1: There are unique circumstances of the property, including the location of the adjacent neighbor’s house, the lack of an alley and the substandard lot size and these circumstances create a practical difficulty in complying with the ordinance. The minimum front yard setback in the R1 District is 25 feet, but has been increased to 28 feet due to the location of the adjacent neighbor to the north. The applicant added a stamped concrete patio and walkway at the front of the existing dwelling. A ground level patio, 50 square feet or less in area, and a walkway not exceeding 4 feet width are both permitted obstructions in the required front yard setback.

 

Finding #2: The minimum front yard setback in the R1 District is 25 feet, but has been increased to 28 feet due to the location of the adjacent neighbor to the north. 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 existing dwelling to the south includes an enclosed front porch, located approximately 18 feet to the front property line. The next neighbor to the south has a two-story open front porch and a walkway that exceeds 4 feet in width. The applicant added a stamped concrete patio and walkway to the front of the existing dwelling. The patio and walkway would allow for a reasonable use of the property that is consistent with the spirit and intent of the ordinance.

Finding #3: Granting of these variances would not negatively alter the essential character of the area. Many of the dwellings in the area have porches, both open and enclosed, and patios in the surrounding area. The applicant is added a stamped concrete patio and walkway at the front of the existing dwelling. If granted, the proposed variances will not be detrimental to the health, safety or welfare of the public or those utilizing the property.

 

      Aye: Cahill, Finlayson, Ogiba, Sandberg, Thompson

      Nay: Ditzler, Johannessen

      Motion passed

 

For Discussion

Unfinished Business: BOA retreat on 9/10/13 at Common Grounds (Sether)

New Business:

Adjournment

The meeting adjourned at 5:55 p.m.

The next Board of Adjustment meeting: August 8, 2013

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Last updated Jul. 26, 2013