MINNEAPOLIS ZONING BOARD OF ADJUSTMENT

REGULAR MEETING AGENDA: THURSDAY, OCTOBER 24, 2019

4:30 p.m. | City Hall, Room 317 | 350 South 5th Street | Minneapolis, MN 55415

Committee Clerk

Rachel Blanford - 612.673.3153

Board Members

Matt Perry, Chair | Jacob Saufley, Vice Chair | Taylor Cooper

John Finlayson |Adam Hutchens | Eric Johannessen | Dan Ogiba | Dick Sandberg

CALL TO ORDER

ROLL CALL

APPROVAL OF ACTIONS FROM THE SEPTEMBER 26, 2019, MEETING

APPROVAL OF AGENDA

The commission may take action on items as part of a consent agenda at the beginning of the meeting. In these instances, the commission president will open the public hearing at the beginning of the meeting and will ask whether anyone would like to provide testimony or express concerns about items recommended for the consent agenda. If you plan to speak to an issue on the agenda, it is recommended that you arrive at the meeting at 4:30 or contact the assigned city staff person in advance. Please contact CPED staff with any questions that you have about the consent agenda.

PETITIONS AND COMMUNICATIONS

ACTION ITEMS

1.      Proposed by-law change

Recommended motion: Approve the change

 

From:

4.4 Quorum Five (5) members of the Board shall constitute a quorum.

To:

4.4 Quorum Fifty (50) percent of the members of the Board plus one (1) shall constitute a quorum.

2.      2020 Board of Adjustment Calendar

Recommended motion: Approve the proposed 2020 calendar
 

PUBLIC HEARING

Please note: If you plan on speaking, please sign in on the sheet located in the hallway, and then state your name and address clearly into the microphone when you come up to speak.

1.      3421 Cleveland St NE, Ward 1

Staff report by Alex Kohlhaas, PLAN9534

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the application by Carol Hall for the property located at 3421 Cleveland St NE:

A.     Variance to increase the maximum height of a fence.

Recommended motion: Deny the variance to increase the maximum height of a fence from 8 feet to 9 feet 10 inches.

2.      2550 7th St NE, Ward 1

Staff report by Alyssa Brandt, PLAN9660

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the applications by Dorothy Petrowski for the property located at 2550 7th St NE:

A.     Variance to reduce the front yard setback.

Recommended motion: Approve the variance for a reduction to the front yard setback, subject to the following conditions:

1.      Approval of the final site, elevation, and floor plans by the Department of Community Planning and Economic Development;

2.      All site improvements shall be completed by October 10, 2021 unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance

B.     Variance to reduce the interior side yard setback.

Recommended motion: Approve the variance for a reduction to the interior side yard setback, subject to the following conditions:

1.      Approval of the final site, elevation, and floor plans by the Department of Community Planning and Economic Development;

2.      All site improvements shall be completed by October 10, 2021 unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance

C.     Variance to reduce the rear yard setback.

Recommended motion: Approve the variance for a reduction to the rear yard setback, subject to the following conditions:

1.      Approval of the final site, elevation, and floor plans by the Department of Community Planning and Economic Development;

2.      All site improvements shall be completed by October 10, 2021 unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance 

D.     Variance to the width and location restrictions on attached garages facing the front lot line for residential uses.

Recommended motion: Approve the variance to permit an attached garage to extend no more than five (5) feet closer to the front lot line than the façade of a habitable portion of the first story of the dwelling when the garage door or doors face the front lot line subject to the following conditions:

1.      Approval of the final site, elevation, and floor plans by the Department of Community Planning and Economic Development;

2.      All site improvements shall be completed by October 10, 2021 unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance

3.      523 7th St SE, Ward 3

Staff report by Alex Kohlhaas, PLAN9174

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the applications by Samuel Brown for the property located at 523 7th St SE:

A.     Variance to reduce the minimum rear yard requirement.

Recommended motion: Continue the variance to reduce the minimum rear yard for an accessory dwelling unit from 3 feet to 1.04 feet.

B.     Variance to reduce the minimum interior side yard requirement along the west lot line.

Recommended motion: Continue the variance to reduce the minimum interior side yard for a detached accessory dwelling unit from 3 feet to 1.31 feet from the west lot line.

C.     Variance to reduce the minimum interior side yard requirement along the east lot line.

Recommended motion: Continue the variance to reduce the minimum interior side yard for a detached accessory dwelling unit from 3 feet to 1.31 feet from the west lot line.

4.      1309 5th St NE, Ward 3

Staff report by Andrew Liska, PLAN9761

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the application by Dalton Scott for the property located at 1309 5th Street NE:

A.     Variance to increase the maximum permitted gross floor area for a new detached ADU.

Recommended motion: Deny the application to increase the maximum permitted gross floor area to 774 square feet for a new detached ADU.

B.     Variance to increase the maximum permitted height for a new detached ADU.

Recommended motion: Deny the application to increase the maximum permitted height to 21.5 feet for a new detached ADU.

5.      1222 Washburn Ave N, Ward 5

Staff report by Alex Kohlhaas, PLAN9582

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the application(s) by Brittany Lewis for the properties located at 1222 Washburn Ave N: 

A.     Variance to reduce the rear yard setback.

Recommended motion: Approve the variance to reduce the minimum rear yard requirement for a detached accessory dwelling unit from 3 feet to 0.8 feet:

1.      Approval of the Accessory Dwelling Unit application and final site, elevation, and floor plans by the Department of Community Planning and Economic Development.

2.      All site improvements shall be completed by October 24, 2021, unless extended by the Zoning Administrator, or the permit may be revoked for noncompliance.

3.      The applicant shall submit an erosion control plan along with the building permit application demonstrating best management practices.

4.      Erosion control measures shall be implemented prior to construction and shall remain in place until construction is complete.

B.     Variance to reduce the interior side yard setback.

Recommended motion: Approve the variance to reduce the minimum interior side yard requirement for a detached accessory dwelling unit from 3 feet to 1.9 feet, subject to the following conditions:

1.      Approval of the Accessory Dwelling Unit application and final site, elevation, and floor plans by the Department of Community Planning and Economic Development.

2.      All site improvements shall be completed by October 24, 2021, unless extended by the Zoning Administrator, or the permit may be revoked for noncompliance.

3.      The applicant shall submit an erosion control plan along with the building permit application demonstrating best management practices.

4.      Erosion control measures shall be implemented prior to construction and shall remain in place until construction is complete. 

C.     Variance to reduce the distance between a detached accessory dwelling unit and the habitable portion of the principal structure.

Recommended motion: Approve the variance to reduce the minimum distance between a detached accessory dwelling unit and the habitable portion of the principal structure from 20 feet to 18.9 feet, subject to the following conditions:

1.      Approval of the Accessory Dwelling Unit application and final site, elevation, and floor plans by the Department of Community Planning and Economic Development.

2.      All site improvements shall be completed by October 24, 2021, unless extended by the Zoning Administrator, or the permit may be revoked for noncompliance.

3.      The applicant shall submit an erosion control plan along with the building permit application demonstrating best management practices.

4.      Erosion control measures shall be implemented prior to construction and shall remain in place until construction is complete.

6.      801 Nicollet Mall, Ward 7

Staff report by Andrew Frenz, PLAN9612

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the applications by Jamie Lynch for the property located at 801 Nicollet Mall: 

A.     Variance to increase the size of a projecting sign.

Recommended motion: Approve the variance to the NM Nicollet Mall Overlay District standards to increase the maximum size of a projecting sign from twelve square feet to 40.4 square feet, subject to the following conditions:

1.      Approval of the final sign plans by the Department of Community Planning and Economic Development.

2.      All site improvements shall be completed by October 10, 2021, unless extended by the Zoning Administrator, or the permit may be revoked for noncompliance.

B.     Variance to reduce allow an internally-illuminated projecting sign.

Recommended motion: Approve the variance to the NM Nicollet Mall Overlay District standards to allow an internally-illuminated projecting sign, subject to the following conditions:

1.      Approval of the final sign plans by the Department of Community Planning and Economic Development.

2.      All site improvements shall be completed by October 10, 2021, unless extended by the Zoning Administrator, or the permit may be revoked for noncompliance.

C.     Variance to increase the size of a projecting sign.

Recommended motion: Approve the variance to the NM Nicollet Mall Overlay District standards to increase the maximum size of a projecting sign from twelve square feet to 35 square feet, subject to the following conditions:

1.      Approval of the final sign plans by the Department of Community Planning and Economic Development.

2.      All site improvements shall be completed by October 10, 2021, unless extended by the Zoning Administrator, or the permit may be revoked for noncompliance.

7.      2747 Thomas Ave S, Ward 7

Staff report by Andrew Liska, PLAN9726

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the application by Lon Oberpriller for the property located at 2747 Thomas Ave S:

A.     Variance to reduce the rear yard setback.

Recommended motion: Approve the application to reduce the rear yard setback from 6 feet to 5 feet for an addition to the detached garage.

8.      3725 5th Ave S, Ward 8

Staff report by Alyssa Brandt, PLAN9392

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the application(s) by J Nieves Atilano for the properties located at 3725 5th Ave S:

A.     Variance to reduce the side yard setback.

Recommended motion: Approve the variance to reduce the interior side yard, subject to the following conditions:

1.      Approval of the final site, elevation, and floor plans by the Department of Community Planning and Economic Development;

2.      All site improvements shall be completed by October 10, 2021 unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance

3.      All work on the first floor shall be in-kind repair or replace or shall be in compliance with current zoning regulations. No expansion of the portion of the main floor less than 3 feet to the property line shall be permitted

4.      The first-floor north elevation of the house shall be 5% windows, as required by MCO 535.90(b)

5.      No part of the structure--including but not limited to gutters, eaves, and rakes--shall overhang the lot line or encroach on the neighboring property

9.      3122 Minnehaha Ave, Ward 9

Staff report by Chris Vrchota, PLAN9689

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the applications by Mahmoud Abumayyaleh for the property located at 3122 Minnehaha Ave:

A.     Variance to reduce the interior side yard setbacks.

Recommended motion: Approve the variance to reduce both interior side yard setbacks from 5 feet to 3 feet, subject to the following conditions:

1.      Approval of administrative site plan review application and final site and construction plans by the Department of Community Planning and Economic Development.

2.      All site improvements shall be completed by October 10, 2021, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance. 

B.     Variance to reduce the minimum width of the habitable floor area of a single-family dwelling.

Recommended motion: Approve the variance to reduce the minimum width of the habitable floor area for a single-family dwelling from 20 feet to 19.5 feet, subject to the following conditions:

1.      Approval of administrative site plan review application and final site and construction plans by the Department of Community Planning and Economic Development.

2.      All site improvements shall be completed by October 10, 2021, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

10.  511 W 25th St, Ward 10

Staff report by Andrew Liska, PLAN9782

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the application by Zarah Jacobsen for the property located at 511 25th St W:

A.     Variance to the parking location.

Recommended motion: Approve the application to allow off-street parking that does not comply with location requirements and distance to the dwelling, subject to the following condition:

1.      The applicant shall obtain an approved curb cut application prior to starting work.  

B.     Variance to the side yard setback.

Recommended motion: Approve the application to reduce the side yard setback from 5 feet to 0 feet to allow the parking pad, subject to the following condition:

1.      The applicant shall obtain an approved curb cut application prior to starting work.  

11.  4149 Dupont Ave S, Ward 10

Staff report by Leah Dawkins, PLAN9721

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the application(s) by Aaron Frazier for the property located at 4149 Dupont Ave S:

A.     Variance to reduce the north side yard setback

Recommended motion: Approve the variance for a reduction of the side yard setback, subject to the following conditions:

1.      Approval of the final site, elevation, and floor plans by the Department of Community Planning and Economic Development. 

2.      All site improvements shall be completed by October 24, 2021 unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

12.  4153 Dupont Ave S, Ward 10

Staff report by Chris Vrchota, PLAN9600

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the application by Aaron Frazier of TEA2 Architects on behalf of Nazar Khan for the property located at 4153 Dupont Ave S:

A.     Variance to reduce the front yard setback.

Recommended motion: Approve the variance to reduce the front yard setback from 41.7 feet to 34.75 feet, subject to the following conditions:

1.      Approval of administrative site plan review application and final site and construction plans by the Department of Community Planning and Economic Development.

2.      All site improvements shall be completed by October 24, 2021, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

13.  4709 Drew Ave S, Ward 13

Staff report by Leah Dawkins, PLAN9767

The Department of Community Planning and Economic Development recommends that the Zoning Board of Adjustment adopt staff findings for the application by Stephen Roche for the property located at 4709 Drew Ave S:

A.     Variance to reduce the front yard setback

Recommended motion: Approve the variance to reduce of the established front yard setback from 26.2 feet to 21.3 feet, subject to the following conditions:

1.      Approval of the final site, elevation, and floor plans by the Department of Community Planning and Economic Development.

2.      All site improvements shall be completed by October 24, 2021 unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance. 

BOARD BUSINESS

BOARD UPDATES

ADJOURNMENT

NEXT REGULAR ZONING BOARD OF ADJUSTMENT MEETING: NOVEMBER 7, 2019

·        The Chair reserves the right to limit discussion on agenda items.

·        Please contact staff after the hearing if you have any questions regarding your project.

·        Zoning Board of Adjustment decisions are final unless appealed.

·        The meeting site is wheelchair accessible. For other reasonable accommodations, such as a sign language interpreter or materials in an alternative format, please contact Rachel Blanford (612-673-3153) at least five days prior to the meeting. The lead time needed to provide reasonable accommodations (physical, visual, language interpretation and American Sign Language) are five business days.

·        Para asistencia 612-673-2700 - Rau kev pab 612-673-2800 - Hadii aad Caawimaad u baahantahay 612-673-3500

http://www.minneapolismn.gov/cped/    

http://www.minneapolismn.gov/meetings/zba/index.htm

 

Last updated Nov 8, 2019

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