Zoning Committee Issues

Address

(City Planner)

Issue

Meeting (if applicable)

3925 Washburn Avenue S
Planner: Alyson Pennucci

4101 Beard Avenue S
No planner yet.

12/4/08: City Zoning Board of Adjustments reviews the issue including multiple variances. View minutes here.

11/17/08: Zoning Committee reviews site plan for a new single family home requring:
- a front yard setback
- a south side yard setback
- a variance from the required distance to existing homes

Zoning Board of Adjustments:
Action: Voted to approve multiple variances with several consitions.

LHiNC Zoning:
Action: Voted not to oppose 3 varainces. View the letter sent to the City here.

11/20/08: City Zoning Board of Adjustments reviews request for a variance to build a home in the Shoreland Overlay District. View the minutes here.

11/17/08: Zoning Committee reviews request for a variance to build a home in the Shoreland Overlay District.

Zoning Board of Adjustments:
Action: Voted to approve the variance with 2 conditions:
1.) City of Minneapolis Public Works review and approve the final plans including the erosion control plan;
2.) CPED-Planning and all other applicable City departments review and approve the final plans, including a landscape plan.

LHiNC Zoning:
Action: Voted not to oppose variance to Shoreland Overlay District. View the letter sent to the City here.

LHINC Zoning:
Action: Voted not to oppose front and side yard variances. View letter to the City here.

LHINC Zoning:
Action: Voted not to oppose parking variance.
View letter to City here.

1. Compromised Sils and High Water Table. Soil tests performed reveal that the soil has a heavy peat content and is unstable for development without pilings and a thick structural slab. The water table is only 6' below grade in the middle of the site. Therefore we are proposing the footings for the home one foot above the water table and will be on pilings.

2. The property is below the neighboring properties in elevation. Due to the low topography and high water table, the City's measurement method to determine Floor Area Ratio includes the basement square footage of the proposed home, therefore the FAR is above the allowable code percentage. Therefore we are making improvements to the overall look. The front door height will be equal to that of the north and south neighboring homes, we will level out the grade to make a more smooth transition between the three lots.

Building plans
Full Variance Letter
Variance Letter to City
 

Board of Adjustment
April 10, 4:30pm
Action: --

Board of Adjustment
March 27, 4:30pm
Action: --

No variance required.

Variance Request- The project requires a height and side yard set back variance because of approximately 100 additional square feet added to third floor. The additional third floor square footage is incidental to the additional square footage added on the first, second, and basement floors while keeping the roofline consistent with the front of the house."

Board of Adjustment
November 8, 4:30pm
Action:  Approved the variance to reduce the front yard setback along West 43rd Street from 15 ft. to 5 ft. and reduce the east side yard setback from 7 ft. to 3 ft. 9 in. to allow for window enclosure of a first story screen porch

Board of Adjustment
October 11, 4:30pm
Action: Voted to approve the variance from 6 to 3.8 feet.

11/5/07: Received notice from city that a site plan review will occur to build a new single family dwelling on the existing structure.

Board of Adjustment
September 27, 4:30pm
Action: Approved the variances

Board of Adjustment
September 27, 4:30pm
Action: Approved the variance to 26.3 feet.

Board of Adjustment
September 27, 4:30pm
Action: Denied the variance to increase the height of the garage from 12 to 16 feet.

8/18: Received email from builder that request was removed.

7/23: Received email from planner Joe Bernard, "The application for 4609 Vincent was to increase the square footage of accessory structures on the property above the allowed 676 square feet. We have an administrative review process that allows a property owner to increase that number to 10% of their lot area, provided that number does not eclipse 1000 square feet. Applications are approved on two conditions, that they match both the materials and roof pitch of the accessory structure (in this case a garage) to the principal dwelling. This particular applicant increased the total parking and accessory structure space on the property to 728 square feet. There are no variances or other public hearing items on this application and it has been approved by the zoning office."

Administrative Review: approved

Board of Adjustment
June 7, 4:30pm
Action: Approved variance to reduce the front yard setback from 34 feet 6 inches to 16 feet 9 inches.

5/4: Received email from owner, "This letter comprises one step in the process I am following to apply for zoning approval from the City of Minneapolis for a deck that I am having built on my house.  The deck will be in the back of the house, with a 4-foot-wide walkway along the side to my kitchen door.  Currently, there are 4-foot-wide concrete steps outside my kitchen door (which are sinking due to the loose soil in our neighborhood), and I would like to replace the concrete steps with wooden steps that are part of the walkway. The issue is that I do not have the required 6 feet from the edge of the property line to the edge of the concrete steps.  Adding the 4-foot-wide walkway is not within Minneapolis code, although the 4-foot-wide steps were acceptable.  (Evidently, the concrete steps are not considered a permanent structure, although the wooden walkway is.)." I have sent her an email stating our process and put her on the May 21 agenda.

Board of Adjustment
June 7, 4:30pm
Action: Approve the variance to reduce the side yard setback variance from 6 ft. to 3 ft. 9in. to build a deck.

4/1: Email from architect with detailed plans on the remodel, "...transform the building by adding a second story to the southern side and blend both sides together to create three similar residential units. Each unit would have approximately 1800-2000 square feet, 2 bedrooms, 2 ½ baths. The three stall detached garage on the property would be rebuilt with the floor at a higher elevation to permit better drainage away from the building. The three townhouses would be individually sold and an association would be created to govern the common areas." There are four variances for this remodel, 1) Front-yard setback: The floor plan would not change from what currently exists, but the setback is now 5'4" and it should be nearly 30' (per Hilary Dvorak), 2) Side-yard setback: Again the floor plan will not be changing, but the current setback is 1' 7" and should be 7', 3) The Floor Area Ratio (FAR) cannot be greater than 7408 sq. ft. and they are proposing 7624 (1% change) and 4) The new garage is only allowed 10% of the lot size or 741 sq. ft. and they are proposing 841 sq. ft. See email from architect. Elevations: East, North.

Planning Commission
May 7,  4:30pm
Action: Voted to approve the rezoning; approve the variance to reduce the lot area from 7,500 to 7,408 square ft; denied the variance to increase the floor area ratio (FAR) from the maximum 1.0 to 1.029; denied the variance to increase the floor area of an accessory structure from 740 square feet to 812 square feet; approved the variance to increase the amount of impervious surface from 75 % to 85%; approved the variance to reduce the front yard setback from  20 feet to zero ft and approved the variance to reduce the north interior side yard setback from 7 feet to zero feet.

LHiNC Zoning
October 16, 7:00pm
Action: Voted not to oppose changing the zoning from an R-1 to an R-3 designation

See letter. See drawings.

Board of Adjustment
May 17, 4:30pm
Action: approved

4/13: We are asking to vary from the sign code on the South Elevation by increasing the total square footage of signs to 197.5 square feet.

Board of Adjustment
May 3, 4:30pm
Action: approve the variance to allow a projecting and freestanding sign on the same zoning lot; approve the variance to increase the max sq ftg of signage from 87 to 194 square feet

Board of Adjustment
May 3, 4:30pm
Action: Voted to approve the variance to reduce the minimum front yard setback from 29 ft. to 23 ft. to allow for an open porch

Board of Adjustment
March 22, 4:30pm CHANGED to April 19
Action: Denied the variance to allow an attached garage to exceed 676 square feet, denied the variance to reduce the east interior side yard setback from 5 feet to 3.5 feet, denied the variance to reduce the west interior side yard setback from 5 feet to 3 feet, denied the variance to reduce the rear yard setback from 5 feet to 0.18 feet.

Board of Adjustment
June 7, 4:30pm
 

4/19 message from Molly: "The Zoning and Planning Committee voted to recommend that the City Council deny the appeal filed by Blake Elliott and Cam McCambridge. The final vote was unanimous, 5-0; however, there was a lot of discussion prior to the decision/recommendation. The Zoning and Planning Committee will forward this recommendation to the full City Council for the final vote. The City Council will meet Friday, April 27. This is not a public hearing and they will not take any further testimony at this meeting."

Planning Commission
March 26,  4:30pm
Action: Denied the variance and subdivision

Zoning and Planning Committee (Z&P) of the City Council on April 19, 2007 at 9:30 am in room 317 in City Hall Action: Voted to deny the appeal

1/8: Notified via email: Two land use applications; a) approval for a minor subdivision of the property into two parcels and b) since the area of each of the new proposed parcels is just under 6,000 square feet I am also applying for a minimum lot area variance for each parcel.  The overall development plan includes limiting the proposed northerly parcel’s access to 40^th Street, closing the existing second access point onto Xerxes; I believe this will improve traffic flow. Finally, in order to allow for access to the proposed southerly parcel without the need for an added curb cut to either Xerxes or 40^th, my plan includes installing and paying for an extension of the drivable area of this block’s alley to allow for the installation of a rear driveway for the proposed southerly parcel. Letter for Variance. Proposed Plan. Letter for Subdivision.
1/12: Letter from city: a) create two lots at 4005 Xerxes, b) variance to reduce the minimum lot widths from 50 to 40 and 41.2 and c) variance to reduce the minimum lot sizes of the two proposed lots from 6,000 to 5,967 and 5.799.

Tentative
Planning Commission
February 5,  4:30pm
Action: Moved to the March 5 meeting.

Planning Commission
March 5, 4:30pm
Action: Approved

Response to hardship: While it violates the half story rule, we seriously doubt a design this clean and unobtrusive was what the authors of the ordinance had in mind. Our plan was specifically developed to respect our neighbors to the south (who have a single story home on a slightly higher elevation) and to the north (who have a 2.5 story home on a slightly lower elevation). Simply put, the south side of our new home will be low, while the north side will be taller. It considers those who live across the street by gaining height near the center of the home, back from the façade. Similarly, the roofline drops down toward the back to reduce the visual mass for those neighbors behind us. Finding 1: We will suffer “undue hardship” if we must change our design to strictly follow the ordinance for several reasons. First, the change reduces the usefulness of the attic space to nearly a hallway. Secondly, square footage for solar collectors is significantly reduced. Next, any significant change destroys the architectural aesthetic of the design. Finally, compromising the design to remove the violation is a significant added expense.
Finding 2: Our situation is unique to our property. The opening paragraph explains the circumstances best. Finding 3: Our home was specifically designed to reflect the character of Linden Hills. This design does not deviate far from the ordinance and certainly is within the spirit of the ordinance. It may be worth mentioning that our design is well within every other ordinance. We are not attempting to push the limits of what we can fit on our lot. Finding 4: There will be no increase in congestion, fire hazard, etc.

Board of Adjustment
January 18, 2007
4:30 pm (view notice)
Action: Approve the variance to increase the maximum height of a single family dwelling from 2.5 stories to 3 stories

11/22: Received information from city that this would require a variance, because the property is within 40 feet of a steep slope. Since the November LHiNC Zoning meeting already occurred, the applicant was asked to complete a Good Faith Notification anyway but would not be required to present in front of our committee.

11/27: Received the Good Faith Notification form from the applicant signed by all but two directly affected neighbors.

12/4: Spoke with one neighbor concerned with the amount of building being done, but explained that was not directly related to the variance itself.

9/14/06: Received email for four variance requests; 1) For the new garage to be located in front of the front yard setback, 2) For the roof deck above the garage, 3) For a garage greater than 60% of the structure facing the street and 4) For a garage protruding further than 5 feet past the habitable portion of the structure. Click to view full letter.

Board of Adjustment
October 19, 2006
2:00 pm (view notice)
Action: All were approved.

Board of Adjustment
October 5, 2006
2:00 pm (view notice)
Action: Approved

September 20, 2006: Via email, the group would like to present again in October. They have made accommodations for adjoining neighbor's concerns and worked through a few drawings - yet haven't arranged a face-to-face meeting.

October 30: The city planner has not yet received an application for this plan.

LHiNC Zoning
October 16, 2006, 7:00
Action: Voted not to oppose Jayson Smith's variance application to build a 4-car underground garage at his property at 4423/4425 Thomas.

Board of Adjustment  April 19, 2007, 4:30pm
Action: --

Board of Adjustment - August 3, 2006, 2:00
Action: Approved

Planning Commission
August 28, 4:30pm
Action: Approved the with following conditions, a)  Removal of vegetation on the steep slope shall be prohibited except as authorized by the zoning administrator in section 551.520 of the zoning code, b) the proposal shall comply with the grading and filling regulations of Section 551.510, including employing best management practices to prevent erosion and trap sediment, 3) submittal of final plans for the single-family home that meets the design standards in Section 530.280 and 535.90 of the Zoning Code, 4) any retaining wall on site greater than 3 feet in height shall require engineering design and approval, 5)  the applicant shall define more clearly define on the final site plan where the proposed retaining wall and fencing will be located and shall provide a detailed elevation of any proposed retaining walls/fencing with the final plans.

Board of Adjustment
July 20, 2:00 pm
Action: Approved on consent to reduce the required north interior side setback from 5 ft. to 3 ft. allow for the re-establishment of two platted lots subject to the following conditions: a) submit confirmation from Hennepin County that 2 separate PID numbers have been created prior to the issuance of a building permit, b)review and approval of the final site and elevation plans in compliance with site plan review requirements for 1-4 unit dwelling units by CPED - Planning before building permits may be issued, c) obtain a building permit for the construction of a new single-family home within one year, by July 20, 2007, or remove the existing shed on Lot 4 within one year.

Planning Commission
June 26, 2006, 4:30
Action: Denied the rezone from R1 to R4. Approved variance to reduce the front yard along 41st St from 15 feet to 0 feet to allow 2 parking spaces w/the following action: landscaping 3 feet in height and not less than 60 percent opaque shall be provided between the driveway and the adjacent property. Approved the variance to reduce the minimum rear yard requirement along the west property line from 9 feet to 0 feet to allow one parking space w/the following condition: landscaping 3 feet in height and not less than 60 percent opaque shall be provided between the driveway and the rear lot line.

June 21, 2006: Message from potential buyer, "Unfortunately, it appears that we will not be moving forward with the property after all, as we have been unable to agree on terms."

Board of Adjustment
July 6, 2006
2:00 pm
Action:  Approved the variance to reduce the required front yard setback along West 44th Street from 20 to 10 ft. Notwithstanding staff recommendation Mr. Gates motioned to approve the variance to reduce the required east interior side yard setback from 5 to 3 ft. to allow for an addition that includes an attached garage with roof top deck w/the following conditions: that the existing entrance to the dwelling on Washburn remain, that the curb cut along Washburn Avenue South be closed and the existing parking area be landscaped, and that CPED-Planning reviews and approves the final site and elevation plans that measure to an architectural or engineering scale.

Board of Adjustment
June 15, 2:00 pm
Action: Notwithstanding staff recommendation, they approved both variances with the condition to review and approve the final site and elevation plans that measure to an architectural or engineering scale.

The owners are requesting the variance because because the garage was installed at the rear of the lot line instead of next to the house, where it typically would be installed. This significantly limits the space in the backyard.

Board of Adjustment
May 4, 2006
2:00 P.M.
Action:  Approved
 

4520 Chowen Avenue South

Click here for a letter from the owners regarding these variances (4/4/06).
Click here for the Statement of Proposed Use from the owners (4/4/06).

Note:  Originally the owner asked for three (3) variances.  On 4/11/06 LHiNC received the following email from Molly McCartney with the Planning Division at CPED:  "This email is in regards to the variances for 4520 Chowen Ave S (BZZ-2916). When the plans were originally brought in to the Zoning Office, staff identified three variances; a front yard setback, the width of attached garage, and an attached garage projecting more than 5 ft. from the habitable portion of the building. The information submitted by you, the applicant, included findings for the three identified variances. Upon review of the complete variance application, staff found a fourth variance, a side yard variance to reduce the required side yard setback to approximately 3 ft. Typically when a dwelling is 3 ft. from the property line and the addition follows that line, a structure is deemed to have nonconforming setback rights and a variance is not needed. Since the addition will be the required front yard (created by the adjacent dwelling’s increased front yard), a variance is needed for the addition at 3 ft. from the interior property line (531.31(2)a).  The identification of the fourth variance should have been made by staff earlier so that you, the applicant, could have addressed that variance with the application that was submitted. I apologize for not alerting you earlier. I am happy to speak with any neighbors that have questions about the project.

LHINC Zoning
April 17, 2006
7:00 p.m./LH Park
Action:  Did not attend meeting and therefore no action was taken.
 

Board of Adjustment
April 20, 2006
2:00 p.m.
Action:  Approved the variance to reduce the required front yard setback from 55 ft. to 19 ft., approved the variance to reduce the side yard setback from 6 ft. to 3 ft., and approved the variance to extend an attached garage further than 5 ft. from the façade of the habitable portion of the building to 19 ft., due to the topographical issues of the lot and subject to the following condition:  Denied the variance to increase the width of the garage wall facing the front lot line from 60 percent to 100 percent to allow for an addition that includes a front facing garage to a single-family dwelling.

2/22:  Notified via email regarding new development.  The existing home, a 4-square unit, is to be demolished prior to the start of construction.  Their will be two new homes in place, both are traditional and should fit well into the current neighborhood.  One is another 4-square design and the other is more of a Craftsman Cottage.

City Planning Commission
June 12, 4:30 pm
Action: approved the conditional use permits

2/10:  Tim Meyerson called LHiNC to say the church is considering a 2000 foot addition, which requires two variances:  1) the City requires a front yard setback of 25 feet or the setback of the adjacent property, whichever is greater.  The church is requesting a variance to construct a new entrance 7 feet from the property line along Sheridan Avenue, to provide at-grade access to the church, and to make the interior of the church fully accessible and 2) the City requires 3 additional off-street parking spaces for the addition.  The church is requesting a variance not to provide 3 additional off-street parking spaces.

Purpose of the project is to:

• Provide at-grade access into the church (currently, you have to take stairs to get in the church);

• Add an elevator (currently, the basement is not accessible for those with impaired mobility);

• Ensure that the lower level can continue to be used for day care.

Click here to view a schematic of the project.

City Planning Commission
May 8, 2006
4:30 p.m.
Action:  approved all variance requests.

The LHiNC Zoning Committee did not hear about this issue in advance of the February 16 meeting and therefore sent a letter to Zoning.  Click here to view the letter.