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HomeMy WebLinkAbout2016/11/29 - ADMIN - Minutes - Board of Zoning Appeals - Regular OFFICIAL MINUTES OF NOVEMBER 29, 2016 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals conducted a meeting on November 29, 2016, 6:00 p.m., at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota – Council Chambers Members Present: James Gainsley, Justin Kaufman, Paul Roberts, Henry Solmer Members Absent: Susan Bloyer Staff Present: Gary Morrison, Assistant Zoning Administrator 1. CALL TO ORDER – ROLL CALL Chair Roberts called the meeting to order. 2. APPROVAL OF MINUTES OF JUNE 23, 2016 Commissioner Gainsley made a motion recommending approval of the minutes of June 23, 2016. The motion passed on a vote of 4-0. 3. CONSENT AGENDA: None 4. PUBLIC HEARINGS A. Variance: Square footage accessory buildings Location: 3338 Library Lane Applicant: Library Lane, LLC (Marge Nelson) Case No.: 16-42-VAR Gary Morrison, Assistant Zoning Administrator, presented the staff report. He stated that the applicant, Marge Nelson, is requesting a 256 square foot variance to the required 800 square foot ground floor area maximum for accessory buildings. She is the owner of a duplex, and would like to have two detached garages (one per dwelling unit) for a total of 1,056 square feet. Mr. Morrison said the property is zoned R-2 Single Family Residential. The duplex became legally non-conforming in 1959 when the current R-2 SF district was established. There is one existing garage and one proposed garage. Mr. Morrison explained that the applicant approached the city in the summer of 2016 and expressed interest in building two garages in the backyard. They asked what Official Minutes Board of Zoning Appeals November 29, 2016 Page 2 they can do and they were informed that they could have up to 1200 sq. ft. of accessory building. They put together a proposal which totaled 1056 sq. ft. They ordered the materials and submitted the building permit. At that time during the zoning review it was discovered that the duplex is a legally non-conforming duplex which means it does not qualify for the 1200 sq. ft. exception. It is bound by the 800 sq. ft. limit that is applicable to all single family properties in the R-2 zoning district. Options were discussed with the applicant. Mr. Morrison said the applicant ultimately decided to proceed with the plans presented and constructed the first garage and decided to hold off on construction of the second garage until they could apply for a variance. Mr. Morrison reviewed City Code Section 36-162(d)(2)a regarding accessory buildings ground floor area 800 sq. ft. maximum allowed for non-conforming two-family lots. Mr. Morrison reviewed the R-2 District standards comparison of minimum requirement and proposed/existing dimension. Mr. Morrison provided the staff analysis of the criteria used to review a variance application. He said though staff recognizes the effect of the variance on neighboring properties would be minimal, some of the findings are not met to necessitate a variance. Primarily that the applicant had other options to meet code, so in a way they created the hardship. Staff finds the proposed application for a 256 square foot variance to the required 800 square foot maximum ground floor area for accessory buildings does not meet the criterion required for granting a variance. Mr. Morrison stated that staff recommends adoption of a resolution denying the variance. Commissioner Gainsley asked if there were restrictions from any utilities on the land. Mr. Morrison responded there are no restrictions from utility companies. He added that the property line is about 15 ft. away from the street curb. Chair Roberts opened the public hearing. Gene Nelson, 9133 Breckenridge Lane, Eden Prairie, stated that he’s had a business in St. Louis Park at 4601 Excelsior Blvd since 1974. He said his son lives at 3338 Library Lane and intends to continue living there. He spoke about the improvements that have been made to the property. He spoke about the need for garages for safety and aesthetics reasons. Neighbors have remarked on the improvements made to the property. He stated that the applicant got bids for the garages. The construction companies told them they knew what was allowed in the city. He said the applicant decided to proceed and purchased their materials. The slab was laid. Mr. Nelson said when they went to city they found out that Official Minutes Board of Zoning Appeals November 29, 2016 Page 3 they had 800 sq. allowed for accessory buildings on which they could build. The city told them they might not be granted a variance. Mr. Nelson spoke about the large size of the lot. Marge Nelson, applicant, said they have invested a lot into the property. Their son Spencer is living there. They didn’t go into the process thinking they would build something against the code. Ms. Nelson said it wasn’t until the contractor submitted the plans that they were told what was allowed. She said they had one day to decide and materials were purchased. She spoke about community support for their improvements. Ms. Nelson stated their goal was to get vehicles and sports equipment under a roof. She said they were told three times by the construction companies that they could proceed with their plans. Commissioner Solmer asked the applicant when she learned that the property was zoned R-2. Ms. Nelson said they learned the zoning designation when they submitted the plans. Spencer Nelson, 3336 Library Lane, spoke about the great location of the property. He said he is a cyclist and sports enthusiast and has sports equipment, lawn equipment, and large vehicles to keep in the garage. He said he wants the same situation for the tenant. He forwarded neighborhood petitions in support of the variance to the board. As no one else was present wishing to speak, the Chair closed the public hearing. Commissioner Gainsley said the desire for the variance goes against the Comprehensive Plan. He said there is difficulty seeing hardship as it is based on convenience and desire to have the garages. He commented that money has been spent, but if it goes against the code, it is the law. He said an inspector or city employee doesn’t have the authority to vary a zoning law. It’s the law. Commissioner Kaufman spoke about hardship and practical difficulties, and said the late discovery of the zoning designation might provide some justification for practical difficulties. He said the rules generally make sense but they don’t account for the specific nature of a specific property. He said perhaps there is some hardship and some ability to go that direction. Commissioner Solmer said it was stated repeatedly that the property is a triple lot. He asked if the lot was empty could three single family residential homes be built on it. Mr. Morrison responded that it is a triple lot in the sense that when it was originally platted the whole area was platted with 25 ft. wide lots. People Official Minutes Board of Zoning Appeals November 29, 2016 Page 4 typically bought two, and sometimes three, of them to create their lot. He said in this case these have been combined in one lot and today the city would not let it be split again. Commissioner Solmer stated it is a legally non-conforming use of the property and the board is being asked to expand the non-conformity and to treat it as though it is a conforming property. He said that is in effect a rezoning and he stated he doesn’t think that is appropriate here. Chair Roberts stated he agrees with Commissioner Solmer. He said the applicant has done a great job with the property but it is a non-conforming property. He said the zoning code is pretty clear here and the board is not in the business of rewriting code, it interprets code. Commissioner Gainsley made a motion to deny the variance, based upon the staff report, adding that he sees no reason to grant the variance. The motion to deny the variance passed on a vote of 3-1 (Kaufman opposed). Mr. Morrison read the statement regarding appeal to the City Council. The 10- day appeal period ends December 9. 5. Unfinished Business: None 6. New Business: None 7. Communications Mr. Morrison said a board meeting is scheduled for December 22. It was determined that there will be a quorum. Mr. Morrison said he expects to have a 2016 annual report for the board available for review at that meeting. 8. Adjournment The meeting was adjourned at 6:43 p.m. Respectfully submitted, Nancy Sells Recording Secretary