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HomeMy WebLinkAbout2013/06/27 - ADMIN - Minutes - Board of Zoning Appeals - Regular OFFICIAL MINUTES OF JUNE 27, 2013 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals conducted a meeting on June 27, 2013 at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota – Council Chambers. Members Present: Susan Bloyer, James Gainsley, Justin Kaufman, Paul Roberts, Henry Solmer Members Absent: None Staff Present: Gary Morrison, Assistant Zoning Administrator Nancy Sells, Administrative Secretary 1. CALL TO ORDER – ROLL CALL Chair Bloyer called the meeting to order at 6:00 p.m. 2. APPROVAL OF MINUTES OF May 23, 2013 Commissioner Gainsley made a motion to approve the minutes of May 23, 2013. The motion passed on a vote of 4-0. 3. CONSENT AGENDA: None 4. PUBLIC HEARINGS A. Variance: Side Yard Location: 3333 Huntington Avenue South Applicant: Matthew Wyatt Case No.: 13-25-VAR Gary Morrison, Assistant Zoning Administrator, presented the staff report. A variance is requested to replace the existing 1 ½ car attached garage with a two car attached garage with additional storage off the back of the garage. The variance request is from the side yard setback to allow an attached two car garage with a 3.1 foot setback instead of the required five foot setback. Mr. Morrison explained that staff proposes a compromise to the Board which is more consistent with the way variances related to garages have been treated in the past. He said the Board has granted variances for a typical two car garage, 24 x Official Minutes Board of Zoning Appeals June 27, 2013 Page 2 24, and not getting any closer to the side property line than 3 feet. Variances that have been approved in the past included the condition that any future additions have to meet current zoning requirements. He said those future additions not only extend out the front or the back, but also up. A variance was typically granted for a 1-story encroachment into the setback that didn’t exceed 24 feet. Mr. Morrison went on to explain that any of those variances allowed additions on to the back of the garage as long as it met the 5 ft. setback requirement. He said in the request being considered, for example, had the applicant just been requesting a 24 ft. garage with a 3 ft. setback they could have come back at any time without a variance, or without amending a variance, and added on the back just with a building permit. Also, storage isn’t a substantial property right as is a garage. Storage areas can be shaped in many ways; whereas a garage is pretty much bound to 24 x 24 for a two car garage. Mr. Morrison stated it was difficult for staff to try to argue for the full 38 ft. variance when it would just be storage. Mr. Morrison stated that staff is recommending an approval of a variance with a 24 ft. garage at 3 ft.; however with a modification that says it is only for the 24 ft., the rest of the addition has to meet standard zoning of 5 ft. setback. Mr. Morrison went through the findings. Commissioner Solmer asked if there is a limitation on the height of the side wall. He noted, as proposed, the side wall would shade the neighbor’s yard. Mr. Morrison responded the limitation is 30 ft. to the midpoint of the gable. Chair Bloyer opened the public hearing. Matthew Wyatt, applicant, said the existing attached garage is built without a foundation and is starting to rot the north wall at the base. He said the intent was to remove the attached garage as well as the existing concrete of the driveway and garage floor. He proposes to build a new garage in the same basic style except about 2 ½ ft. wider which would make the garage much more practical to have a two car garage and the additional depth would be for storage. Commissioner Gainsley asked the applicant how he feels about staff’s alternative suggestion. Mr. Wyatt said it is acceptable. Commissioner Solmer asked if the applicant has parked two cars in the existing garage. Mr. Wyatt responded they do park two cars side by side very tightly at times. Official Minutes Board of Zoning Appeals June 27, 2013 Page 3 Commissioner Solmer asked if the applicant would consider redesigning so that the axis of peak ran east/west instead of north/south which would have a sloping aspect on the side towards the neighbor and allow more light onto their yard. Mr. Wyatt said he tried any number of varieties, including the peak running the other direction. He said the main reason it didn’t work is because of the reverse gables on the house. There is no way for the water to flow off the quadrant that is the part of the house that is by the garage with the ridge running the other direction. He said it’s very constrained and that is the reason why the original garage was built that way, and the water issue. Commissioner Solmer asked if it would be possible to have a clipped gable to reduce the extra height right next to the edge of the property. Mr. Wyatt responded that he didn’t consider that because the house has two reverse gables. Lisa Wyatt said the proposed design kept it looking as the original design of the home. She said they have met with the neighbors to the north that would be affected and the neighbors have not shared any concerns about the proposed design. The Chair closed the public hearing as there was no one else present wishing to speak. Commissioner Gainsley made a motion to adopt a resolution approving a 1.9 foot variance to the required 5.0 foot side yard for the construction of an attached garage with the condition that the variance applies to up to 24 feet of garage wall. All other portions of the addition must meet the required 5.0 foot setback. Commissioner Solmer commented that it appeared the variance was going to be approved, even though the applicant had legal ways to meet his needs. The motion passed on a vote of 4-1 (Solmer opposed). Mr. Morrison read the statement regarding appeal to City Council. 5. Unfinished Business 6. New Business 7. Communications Commissioner Gainsley said he would like to see an in-depth study session held on the new variance ruling. Official Minutes Board of Zoning Appeals June 27, 2013 Page 4 BOZA will not be meeting on July 25th as no public hearings have been scheduled. 8. The meeting was adjourned at 6:27 p.m. Respectfully submitted, Nancy Sells Administrative Secretary