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HomeMy WebLinkAbout2018/02/22 - ADMIN - Minutes - Board of Zoning Appeals - Regular OFFICIAL MINUTES OF FEBRUARY 22, 2018 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK Members Present: James Gainsley, Anthony Howard, Justin Kaufman Members Absent: Paul Roberts, Henry Solmer Staff Present: Gary Morrison, Assistant Zoning Administrator 1. Call to Order – Roll Call 2. Approval of Minutes of July 27, 2017 Commissioner Howard made a motion to approve the minutes of July 27, 2017. The motion passed on a vote of 3-0. 3. Consent Agenda: None 4. Public Hearings A. Variance: Variance to the side yard for an attached garage Location: 4317 Browndale Ave. S. Applicant: Andre LaTondresse, on behalf of Kevin Johnston Case No.: 18-03-VAR Gary Morrison, Assistant Zoning Administrator, presented the staff report. The applicant is requesting a 5 foot, 11 inch variance to the required 11 foot 8 inch side yard for construction of an attached garage. If approved the house and attached garage would be a total of 79.8 feet deep and located between 4.9 feet and 5.8 feet from the side lot line. He said the home has an existing tuck-under garage located on the back side of the home. Mr. Morrison presented the survey of the property and discussed setbacks. He presented the existing and proposed floor plan. He presented existing and proposed elevations. Mr. Morrison discussed the applicable zoning regulations. Mr. Morrison discussed the variance criteria. He stated that the variance is not required to preserve the applicant’s reasonable use and enjoyment of the property. A two-car detached garage is a legal alternative and an attached garage currently exists. The kitchen, mudroom and bathroom addition can be built without a 2 variance. He noted the variance is not required to provide off-street parking as existing conditions exceed two off-street parking spaces. He stated staff does not find that the property owner has a plight requiring a variance as a two-car detached garage can be legally constructed in the back yard. There are no unique circumstances preventing the owner from having a detached two-car garage. He noted attached garages are not viewed as a substantial property right. A two-car garage is a legal and common option. Attached garages are not viewed as a necessity, but as a convenience. And, a practical difficulty does not exist. Mr. Morrison stated that staff recommends denial of the required 5 foot, 11 inch variance to the required side yard as criterion are not met. Chair Gainsley opened the public hearing. Andre LaTondresse, applicant, discussed items which form a hardship for the applicant and are unique to the city zoning ordinance. He said the minimum property width for the R-1 zoning district is 75 feet. This property is 50 feet wide and one is forced to build the house perpendicular to the street. The sideyard setback width then becomes a hardship. He said the ordinance doesn’t anticipate that hardship because the ordinance is referring to larger lots. Mr. LaTondresse said the homeowners wish to vacate the current attached garage because it is not usable as the ceiling height is 7 feet and the garage door height is 6’4”. They are attempting to achieve the attached garage the house already has by setting it back a foot from the existing line of the house to acknowledge the impact on the neighbor. Basically asking the approval for a basement addition. Mr. LaTondresse discussed the code’s requirement that a detached garage needs to have the same character as the house. In this case it would be a 12:12 gable roof, making it virtually a 2-story structure. It would go straight out to the end of back yard. Adjacent properties would then lose their views of Browndale Park. He presented photographs. He said denying the variance would impact the park, the neighbors, and the homeowner’s back yard. Granting the variance would result in a low impact project such as they are proposing. He read a statement from the homeowners. Commissioner Kaufman asked if there has been any feedback from neighbors. Kevin Johnston, applicant, said they have received quite a bit of support and no opposition. Mr. Morrison stated with regard to detached garages the code does address aesthetics in two stages. He explained if a garage is less than 15 feet to the peak residents can do what they want with roof pitch and siding, including a flat roof, even if it is out of character with the house. He said if the house is from 15 feet to 3 a maximum of 24 feet to the peak then the roof pitch and siding is required to match the house. There are also some window requirements. The Chair closed the public hearing. Commissioner Kaufman said Mr. Morrison and staff do a tremendous job of enforcing zoning laws which are written with a particular purpose. He said he takes those into mind with the Comprehensive Plan. The problem he runs into is the issue of what the zoning laws are intended to do with one size fits all and what makes common sense. He said it was helpful to hear about 75’ minimum width. In looking at the low impact of the variance he stated he struggles because he’s not sure it meets the requirements of the variance at the end of the day. But he said he finds that the variance does have a certain common sense that is much more logical to him than requiring the detached garage, even if the peak may be different from the house. Mr. Morrison commented that most lots are 50 ft. wide, or don’t meet the 75’ width, in St. Louis Park. Commissioner Howard said he agreed with Commissioner Kaufman’s remarks. Chair Gainsley said he didn’t understand all the architectural aspects of the application. He said he doesn’t see a reason for a variance. The homeowners do have reasonable use. There is nothing that appears to be counter to that or that is a down side of that. He said he agrees with staff that a variance isn’t a good solution for this. Commissioner Kaufman made a motion to accept the variance for the project as presented to the BOZA. The motion to accept the variance passed on a vote of 2- 1 (Gainsley opposed). Mr. Morrison stated that he will bring the Resolution approving the variance to the Board at the next meeting for approval. The Chair directed staff to prepare the resolution approving the variance. Mr. Morrison read the standard 10 day appeal process. Mr. Morrison said since a resolution will be brought to the board next month we will need a quorum to vote on it. The Board at that ti me may vote for or against the resolution. Commissioner Kaufman responded that a decision was made and there is a quorum. He said his understanding was that a motion was passed that includes a resolution and that it is just a matter of signing the resolution once it is prepared. 4 Mr. Morrison said when the resolution comes forward for approval the board votes on it at that time. He said he will put together findings and present those to the board for approval of the variance. He said he will verify that process. 4. New Business A. Election of Chair and Vice Chair Chair Gainsley made a motion nominating Justin Kaufman as Chair and Anthony Howard as Vice Chair. The motion passed on a vote of 3-0. 5. Unfinished Business 6. New Business: None 7. Communications 8. Adjournment The meeting was adjourned at 6:35 p.m. Respectfully submitted, Nancy Sells Recording Secretary