Minneapolis Zoning Board of Adjustment
Actions
 
Regular Meeting
4:30 p.m., Thursday, September 26, 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.
Committee Clerk: Julie Biesemeier 612-673-3965
 
Board Members Absent: Eric Johannessen and Dick Sandberg.
The meeting was called to order at 4:32 p.m.
Minutes were approved for the meeting held on September 12, 2013
 
Public Hearings
 
Introduction to the Public Hearing
 
Public Hearing
1.   1529 Hillside Ave N (BZZ #6236, Ward 5) (Shanna Sether)
Variance: Juliee Oden has applied for a variance to reduce the required front yard setback along Hillside Ave N from 20 feet to approximately 13 feet to allow for an extension of an existing open front porch accessory to an existing single-family dwelling located at 1529 Hillside Ave N in the R2B Two-Family District. 
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the required front yard setback along Hillside Ave N from 20 feet to approximately 13 feet to allow for an extension of an existing open front porch accessory to an existing single-family dwelling located at 1529 Hillside Avenue North in the R2B Two-Family District, subject to the following conditions of approval:
  1.  The materials of the porch shall be replaced in with materials consistent with the existing materials.
  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 September 26, 2015, unless extended by the Zoning Administrator, or the permit may be  revoked for non-compliance.
Approved on consent
2.   501 Nicollet Mall(BZZ #6224, Ward 7) (Shanna Sether)
Variance: Eric Galatz of Leonard, Street and Deinard, on behalf of United Properties Investment, LLC, has applied for a variance to the NM Nicollet Mall Overlay standards requiring street level retail or restaurant uses to occupy at least 60% of the gross floor area of the first floor and must extend along at least 60% of the first floor façade fronting on Nicollet Mall for the property located at 501 Nicollet Mall in the B4-2 Downtown Business District, NM Nicollet Mall Overlay District and DP Downtown Parking Overlay District.
Action: The Board of Adjustment continued the variance for 501 Nicollet Mall to the October 10th, 2013 Zoning Board of Adjustment meeting.
Motion Passes
3.   2504 West Lake of the Isles Parkway (BZZ #6233, Ward 7) (Shanna Sether)
Variance: Darren Vigil of Healthy Exposure, Inc., on behalf of Lynn and Kate Christianson, has applied for a variance to reduce the east interior side yard setback from 5 feet to approximately 1 foot to allow for a roof over an existing stair with ADA chair lift accessory to an existing single-family dwelling located at 2504 West Lake of the Isles Parkway 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 east interior side yard setback from 5 feet to approximately 1 foot to allow for a roof over an existing stair with accessible chair lift accessory to an existing single-family dwelling located at 2504 West Lake of the Isles Parkway in the R1A Single-Family District and SH Shoreland Overlay District, subject to the following conditions of approval:
  1. The proposed roof shall be made of durable materials, consistent with the appearance and architecture of the 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 September 26, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Approved on consent
4.   4316 Lyndale Ave S (BZZ #6225, Ward 13) (Shanna Sether)
Variance: Kathy Allen has requested a variance to reduce the minimum lot area requirement from 5,000 square feet to approximately 4,986 square feet to allow for the lot division of 4316 Lyndale Ave S in the R1A Single-Family District.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the minimum lot area requirement from 5,000 square feet to approximately 4,986 square feet to allow for the lot division of 4316 Lyndale Ave in the R1A Single-Family District, subject to the following conditions of approval:
  1.    Approval of the lot division by the Department of Community Planning and Economic Development.
Approved on consent
5.   4952 York Ave S (BZZ #6235, Ward 13) (Shanna Sether)
Variance: Gregg Hanson of Sylvestre Construction, Inc., on behalf of Stacey Mollis, has applied for a variance to reduce the required front yard setback along 50th St W from 20 feet to approximately 9 feet to allow for a second story addition and a new one-story rear addition to an existing single-family dwelling on a reverse corner lot located at 4952 York Ave S in the R2B Two-Family District.  
Action: The Board of Adjustment adopted staff findings and approved the variance reduce the required front yard setback along 50th St W from 20 feet to approximately 9 feet to allow for a second story addition and a new one-story rear addition to an existing single-family dwelling on a reverse corner lot located at 4952 York Ave S in the R2B Two-Family District, subject to the following conditions of approval:
  1. The exterior materials used for the addition shall be of a durable material and shall complement the exterior materials of the principal structure on the property.
  2. Windows shall comply with section 535.80(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 September 26, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Approved on consent
6.   4116 Queen Ave S (BZZ #6239, Ward 13) (Michael Wee)
A. Variance: Rob Eldridge, on behalf of AKARE Company, LLC, has applied for a variance to reduce the required front yard from a line established by connecting the two adjacent neighboring buildings, from approximately 64 feet to 45 feet for the property located at 4116 Queen Ave S.
Action: The Board of Adjustment adopted staff findings and approved the variance to reduce the front yard setback for property located at 4116 Queen Ave S as established by the line connecting the front of the adjacent dwellings along Queen Ave from 64 feet to 45 feet, measured to the open front porch, subject to the following conditions of approval:
  1.  Approval of the project will require the applicant to complete the City’s administrative site plan review process prior to issuance of building permits.
  2.  The enclosed/habitable portion of the dwelling shall be setback not less than 53 feet from the front property line.
  3. CPED staff shall review and approve the final site, building and elevation plans prior to the issuance of building permits. 
  4.  All site improvements shall be completed by September 26, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
B. Variance: Rob Eldridge, on behalf of AKARE Company, LLC, has applied for a variance to allow an open front porch projecting over 6 feet into the required front yard for a total depth of 10 feet 10 inches and front steps of 8 feet in width for the property located at 4116 Queen Ave S.
Action: The Board of Adjustment adopted staff findings and approved the variance to allow an open front porch projecting over 6 feet into the required front yard for a total depth of 12 feet for the property located at 4116 Queen Ave S, subject to the following conditions of approval:
  1. Approval of the project will require the applicant to complete the City’s administrative site plan review process prior to issuance of building permits.
  2. CPED staff shall review and approve the final site, building and elevation plans prior to the issuance of building permits. 
  3. All site improvements shall be completed by September 26, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
Action: The Board of Adjustment adopted the following findings and denied the variance to allow front steps of 8 feet in width for the property located at 4116 Queen Ave S.
Finding #1: The front yard setback variance above consequently triggered a separate variance for the proposed open front porch as well. An open front porch can project 6 feet into the required front yard provided that the total depth of the porch shall not exceed 8 feet (Table 535-1). There was staff error in measuring total depth of proposed open porch. The proposed front porch actually is 12 feet in total depth and has front steps of 8 feet in width. The justification for practical difficulty for the open front porch is the same as described on the first variance request.
Finding #2: The proposed use is a single family dwelling which is consistent in R1 district and in keeping with the spirit and intent of the ordinance and comprehensive plan. Staff has completed the initial review as part of the Administrative Site Plan for 1 to 4 new construction application, and determined that the proposed design complies with the code in terms of floor area ratio, lot coverage, impervious surface, windows, and height.
C. Variance: Rob Eldridge, on behalf of AKARE Company, LLC, has applied for a variance to allow a second floor balcony projecting over 4 feet into the required front yard with total floor area exceeding 50 square feet for the property located at 4116 Queen Ave S.
Action: The Board of Adjustment adopted staff findings and approved the variance to allow a second floor balcony projecting over 4 feet into the required front yard and a floor area exceeding 50 square feet for the property located at 4116 Queen Ave S, subject to the following conditions of approval:
  1. Approval of the project will require the applicant to complete the City’s administrative site plan review process prior to issuance of building permits.
  2. CPED staff shall review and approve the final site, building and elevation plans prior to the issuance of building permits. 
  3. All site improvements shall be completed by September 26, 2015, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.
  4.  
Aye: Cahill, Ogiba, Thompson
Nay: Ditzler, Finlayson
Absent: Johannessen, Sandberg
7.   2615 Brighton Ave NE (BZZ #6223, Ward 1) (Brad Ellis)
Variance: Jeffrey Schieman has applied for a variance to increase the maximum height of a fence from three (3) feet to six (6) feet in a required front and corner side yard at 2615 Brighton Ave NE in the R1A Single Family District.
Action: The Board of Adjustment accepted the return of the variance to increase the maximum height of a fence from three (3) feet to six (6) feet in a required front yard located at 2615 Brighton Ave NE in the R1A Single-Family District.
Action: The Board of Adjustment adopted the findings and approved the variance to increase the maximum height of a fence from three (3) feet to six (6) feet in a required corner side yard located at 2615 Brighton Ave NE in the R1A Single-Family District.
Approved on consent
For Discussion
Unfinished Business
 
New Business
 
Adjournment
The meeting adjourned at 6:02 p.m.
The next Board of Adjustment meeting: October 10, 2013
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Last updated Oct. 10, 2013