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HomeMy WebLinkAbout2017/04/27 - ADMIN - Minutes - Board of Zoning Appeals - Regular OFFICIAL MINUTES OF APRIL 27, 2017 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals conducted a meeting on April 27, 2017, 6:00 p.m., at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota – Council Chambers. Members Present: Susan Bloyer, James Gainsley, Paul Roberts, Henry Solmer Members Absent: Justin Kaufman Staff Present: Gary Morrison, Assistant Zoning Administrator 1. CALL TO ORDER – ROLL CALL 2. APPROVAL OF MINUTES OF MARCH 23, 2017 Commissioner Gainsley made a motion to approve the minutes of March 23, 2017. The motion passed on a vote of 4-0. 3. CONSENT AGENDA: None 4. PUBLIC HEARINGS A. Variance: Variance to the side setback Location: 4306 West 36th Street Applicant: Kristy and Nigel Dahlvang Case No.: 17-14-VAR Gary Morrison, Assistant Zoning Administrator, presented the staff report. The applicants are requesting a one foot variance to the six foot side yard required for two-family homes in the R-3 Two-Family Residence zoning district. Mr. Morrison explained that the single family home was built in 1958. Within a few years after construction, city records show that an apartment was constructed in the basement. He explained how code changes in 1959 to side yards made the home legally non-conforming. He discussed additional history of the property. Mr. Morrison added that there is some question as to whether or not the property is still considered legally non-conforming as a result of intensification when it was converted to a two-family dwelling. Mr. Morrison stated that the problem that needs to be addressed is proving that the property was used as a two-family dwelling continuously since it was Official Minutes Board of Zoning Appeals April 27, 2017 Page 2 established to present. He said it has been confirmed by the applicant that they purchased the property in June 2015 with the intent of using the property as a two-family dwelling, however they occupied it as a single-family dwelling since purchasing the property. Mr. Morrison stated that the home can be established as a legal two-family dwelling if a variance is granted to the 6.0 foot side yard required for two-family dwellings. Mr. Morrison reviewed criteria for granting the variance. Mr. Morrison said staff does find that the proposed application for variance is supported by the criteria for granting a variance. He said staff recommends adoption of the resolution approving the requested one foot variance to allow a five foot side yard for a two-family dwelling instead of the required six feet with the condition that the variance applies to the structure as it currently exists and as shown on the exhibit. Additions, including a second story, to the two-family dwelling must meet the requirements of the zoning district at the time the additions are requested. Commissioner Gainsley asked if this is a case of oversight by a building inspector. Mr. Morrison responded that building inspectors don’t go through a house when it’s sold, property maintenance inspectors do. They look for minor items that are obvious building code violations. Property maintenance inspectors do not do a zoning review. The details of non-conforming status would not be part of their inspection. Commissioner Gainsley asked then if the city overlooked this problem. Mr. Morrison said it’s not something the city usually looks for. With a business decision it is pretty much set up that anyone buying a business would check on licensing and things like that. Kristy Dahlvang, applicant, stated they love the property and it is very unfortunate that they purchased it without the understanding of the non-conforming status. She said being that it was permitted in 1960 to have a second dwelling, they hope that the board will overlook some of the shortcomings of the property and the sideyard setback and grant the variance. Nigel Dahlvang, applicant, said in purchasing the home they thought they did their due diligence. They saw that it had two addresses and maps showed it as two addresses. He added that neighbors understood it to be a two-family dwelling. Official Minutes Board of Zoning Appeals April 27, 2017 Page 3 Commissioner Bloyer asked how long it was between the time they took possession of the house and the time they applied for a permit. Ms. Dahlvang responded it was about 1½ years. She said not until they decided to move forward with remodeling did they discover the non-conformity. Chair Roberts opened the public hearing. As no one was present wishing to speak he closed the public hearing. Chair Roberts said he agreed with the staff recommendation. Commissioner Bloyer said she agreed with the staff recommendation. She added that the only thing that bothers her is the time span between purchase of the house and applying for permits. She commented that it has appeared as a duplex for so long that she doesn’t see any reason not to grant the variance. Commissioner Gainsley said he couldn’t see any benefit in denying the variance. There isn’t any other viable solution. Commissioner Solmer said he’s in favor of granting the variance. He noted the staff condition that basically says the applicant can’t extend the non-conformity. Commissioner Gainsley recommended adoption of the resolution approving the requested one foot variance to allow a five foot side yard for a two-family dwelling instead of the required six feet with conditions. The motion passed on a vote of 4-0. Mr. Morrison read the statement regarding appeal to the City Council. The 10- day appeal period expires on May 8, 2017. 5. Unfinished Business 6. New Business A. Election of Chair and Vice Chair Commissioner Bloyer nominated James Gainsley for Chair and Henry Solmer for Vice Chair. Both nominations passed on a vote of 4-0. 7. Communications Official Minutes Board of Zoning Appeals April 27, 2017 Page 4 8. Adjournment Commissioner Gainsley made a motion to adjourn the meeting at 6:20 p.m. Respectfully submitted, Nancy Sells Recording Secretary