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HomeMy WebLinkAbout2014/05/27 - ADMIN - Minutes - Board of Zoning Appeals - RegularOFFICIAL MINUTES OF MAY 27, 2014 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals conducted a meeting on May 27, 2014, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota – Council Chambers. Members Present: Susan Bloyer, Justin Kaufman, James Gainsley, Paul Roberts, Henry Solmer Members Absent: None Staff Present: Gary Morrison, Assistant Zoning Administrator Emily Goellner, Community Development Intern Nancy Sells, Administrative Secretary 1. CALL TO ORDER – ROLL CALL Chair Gainsley called the meeting to order at 6:00 p.m. 2. APPROVAL OF MINUTES OF MARCH 27, 2014 Commissioner Bloyer made a motion to approve the minutes of March 27, 2014. The motion passed on a vote of 4-0. (Commissioner Kaufman arrived at 6:02 p.m.) 3. CONSENT AGENDA: None 4. PUBLIC HEARINGS A. Variance: Variance to the front yard fence height Location: 3011 Decatur Avenue South Applicant: Bradley and Leah Rolling Case No. 14-12-VAR Gary Morrison, Assistant Zoning Administrator, introduced Emily Goellner, Community Development Dept. intern. Ms. Goellner presented the staff report. She explained that the applicant applied for a variance to allow a fence with a 6 ft. height in the front yard instead of the maximum allowed 4 ft. in order to build a front yard privacy fence. She stated that 3011 Decatur Ave. S. is a corner lot which faces Decatur Ave. and Minnetonka Blvd. The house faces Decatur Ave. to the west. The yard facing Minnetonka Blvd. is considered the applicant’s front yard since it is the shorter lot Official Minutes Board of Zoning Appeals May 27, 2014 Page 2 line. Ms. Goellner reviewed existing conditions and the proposal. She stated that staff finds that the application meets the required criterion and recommends approval of the requested variance. Ms. Goellner stated the requirements regarding appeal. She noted that the applicant was not able to attend the public hearing and staff is available to answer questions. Commissioner Bloyer asked if the next door neighbor’s fence, which would be connected to the applicant’s fence, is a legal size fence. Ms. Goellner responded that the neighbor’s fence is a legal size fence. Commissioner Bloyer spoke about a previous case regarding a fence on Minnetonka Blvd. in similar circumstances, which was denied a variance. She asked if this case was looked at when making the recommendation for the current request. Ms. Goellner responded staff didn’t look at that case. She said she wondered if that home had a closer setback, making the fence closer to the corner, which could have been an obstruction to the visibility triangle. Chair Gainsley said he remembered the case but didn’t recall the setbacks. Chair Gainsley opened the public hearing. As no one was present wishing to speak, he closed the public hearing. Commissioner Bloyer said she did remember the earlier case. She stated that she sees nothing about the current request that calls for a variance. Commissioner Roberts commented that the earlier request being discussed had a conventional layout with a true front yard. He said the house on the Decatur property is oriented differently. He said he believes a hardship does exist because everyone else in that neighborhood can build a backyard fence to screen their side yards and backyards. Commissioner Kaufman said he presumed a variance was not needed for the new construction that is behind the Decatur property because that would have been the side yard of that property. Mr. Morrison responded that was correct, that was a side yard and backyard. Commissioner Solmer said he is not familiar with the earlier case which is being referred to. He stated that he did look at the Decatur property and could see what the side yard is in practical terms. He noted that questions about side and front in corner lots has come to the board before. He added that this is the only way the applicants on Decatur are going to get any useful privacy in the backyard. Official Minutes Board of Zoning Appeals May 27, 2014 Page 3 Chair Gainsley stated he had no problem in granting the variance. Chair Gainsley made a motion to adopt a resolution approving a variance to allow a fence with a 6.0 foot height in the front yard instead of the maximum allowed 4.0 feet for a privacy fence in the front yard on 3011 Decatur Avenue South. The motion was approved on a vote of 4-1 (Bloyer opposed). 5. UNFINISHED BUSINESS 6. NEW BUSINESS A. Variance: Extension to variances granted to the front and side yards, and the visibility triangle Location: 4637 Excelsior Boulevard Applicant: Michael J. Jennings Case No.: 13-15-VAR Gary Morrison, Assistant Zoning Administrator, presented the staff report. The request is for a one year extension to the three variances granted by the Board of Zoning Appeals on May 23, 2013. Commissioner Solmer said he believed that since the time these variances were granted the City has initiated a study regarding land use districts on the south side of Excelsior Blvd. Mr. Morrison said the City has begun a study of south side of Excelsior Blvd. Design Guidelines which may include setbacks and parking, etc.; but it is not specifically a study of land use. Commissioner Bloyer said she thought the study was initiated because of a specific complaint about truck parking at the liquor store at 4637 Excelsior Blvd. She asked if there was any resolution to concerns about truck parking. Mr. Morrison responded that the study came out of an application to redevelop the BP station at 4701 Excelsior Blvd. The proposal was to remove the BP building, add new construction 5 feet off of Excelsior Blvd. and parking in the back. He said as a separate matter there was a complaint about trucks at Jennings Liquor. That was dealt with as a zoning violation. Commissioner Kaufman asked if the neighborhood has been notified about the request for extension. Official Minutes Board of Zoning Appeals May 27, 2014 Page 4 Mr. Morrison stated that notices did not go out to the neighborhood as the request is not a public hearing. This follows the same procedure used by City Council for extension requests. William Thibault, representing Michael Jennings, stated the applicant has not yet prepared detailed construction plans. Commissioner Kaufman asked about the procedure for extensions versus the applicant coming back with a new request when they are prepared to move forward. Mr. Morrison responded that typically, at Board of Zoning Appeals and City Council, first extension requests are approved. Commissioner Solmer said in light of circumstances regarding the BP request, the City has decided to look at zoning on the south side of Excelsior. He stated that what the City is going to decide to do about the south side is an issue. He said for the board to preemptively cut-off anything when the applicant does not have any concrete plans would be a mistake. He added that the board should have plans before deciding whether or not to proceed. He suggested allowing the variance to expire and have the applicant return when ready. Chair Gainsley asked staff about the City study. Mr. Morrison responded that the study is not specifically about land uses but is looking at design guidelines, including setbacks and parking. Commissioner Bloyer said she is not comfortable with the extension if plans are not ready and available. Mr. Thibault responded that the plans for development which the board reviewed in 2013 still remain. But the detailed construction plans such as electrical, ventilation, and mechanical needed for the building permit are not completed. Chair Gainsley made a motion to adopt a resolution authorizing a one year extension to the variances granted to the front and side yards, and the visibility triangle for a building addition to the existing commercial building at 4637 Excelsior Blvd., as approved by BOZA on May 23, 2013. The motion was approved on a vote of 4-1 (Solmer opposed). 7. COMMUNICATIONS 8. ADJOURN The meeting was adjourned at 6:30 p.m. Official Minutes Board of Zoning Appeals May 27, 2014 Page 5 Respectfully submitted, Nancy Sells Administrative Secretary