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HomeMy WebLinkAbout2017/07/27 - ADMIN - Agenda Packets - Board of Zoning Appeals - Regular AGENDA BOARD OF ZONING APPEALS COMMUNITY ROOM 1ST FLOOR 6:00 P.M. JULY 27, 2017 1. Call to Order – Roll Call 2. Approval of Minutes: June 22, 2017 3. Consent Agenda: None 4. Unfinished Business A. Variance: Variance to the side yard (continued from June 22, 2017) Location: 9018 Minnehaha Circle North Applicant: Tom Muralt Case No. 17-18-VAR 5. Public Hearings A. Variance: Variance to required minimum number of parking spaces Location: 3402 Library Lane Applicant: Lara Dietrich Case No. 17-15-VAR B. Variance: Variance to the maximum allowed floor area Location: 3947 Excelsior Blvd. Applicant: Patrick Crowe/Salt Salon Spa Case No. 17-22-VAR 5. Unfinished Business 6. New Business 7. Communications 8. Adjournment If you cannot attend the meeting, please call the Community Development Office, 952/924-2572. Auxiliary aides for individuals with disabilities are available upon request. To make arrangements, please call 952/928-2840 at least 96 hours in advance of meeting. UNOFFICIAL MINUTES OF JUNE 22, 2017 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals conducted a meeting on June 22, 2017, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota – Council Chambers Members Present: James Gainsley, Justin Kaufman, Paul Roberts Members Absent: Anthony Howard, Henry Solmer Staff Present: Gary Morrison, Assistant Zoning Administrator Nancy Sells, Office Assistant 1. CALL TO ORDER – ROLL CALL The meeting was called to order at 6:00 p.m. 2. APPROVAL OF MINUTES OF APRIL 27, 2017 Chair Gainsley made a motion to approve the minutes of April 27, 2017. The motion was approved on a vote of 3-0. 3. CONSENT AGENDA: None 4. PUBLIC HEARINGS A. Variance: Variance to the side yard Location: 9018 Minnehaha Circle North Applicant: Tom Muralt Case No: 17-18-VAR Gary Morrison, Assistant Zoning Administrator, presented the staff report. He explained the applicant is requesting a 6.0 foot variance to the required 15 foot side yard abutting a street to expand and reconfigure an existing attached garage. The applicant wants to rebuild the garage so that the orientation of the garage can be moved from Flag Avenue to Minnehaha Circle North. Mr. Morrison stated that on June 21, 2017, he received a request from the applicant to table the variance request to the July 27 meeting as the applicant is currently considering some design alternatives to the current application. Chair Gainsley opened the public hearing. Unofficial Minutes Board of Zoning Appeals June 22, 2017 Page 2 Chair Gainsley made a motion to continue the public hearing to July 27, 2017. The motion was passed on a vote of 3-0. 5. UNFINISHED BUSINESS: None 6. NEW BUSINESS: None 7. COMMUNICATIONS Mr. Morrison said that there will be two variance applications for the July 27 meeting. Mr. Morrison stated that Susan Bloyer has resigned her position as board member. She has become a member of the city’s Environmental and Sustainability Commission. Anthony Howard has replaced her on the Board of Zoning Appeals. 8. ADJOURN The meeting was adjourned at 6:10 p.m. Respectfully submitted, Nancy Sells Recording Secretary Board of Zoning Appeals Meeting of July 27, 2017 4A Variance to the side yard Location: 9018 Minnehaha Circle North Applicant: Tom Muralt Case No.: 17-18-VAR Recommended Action: Close public hearing. No further action required. REQUEST: The Applicant, Tom Muralt requested a 6.0 foot variance to the required 15 foot side yard abutting a street to expand and reconfigure an existing attached garage. The Application was presented to the BOZA on June 22, 2017. The applicant, however, requested the application be tabled as he is considering alternatives for remodeling the garage. As a result, the BOZA opened the public hearing, and tabled consideration of the application to a future meeting. On July 19, 2017, the applicant submitted a written statement that he is withdrawing the application. As a result, the BOZA should close the public hearing, and no further action is required as the application has been withdrawn. Board of Zoning Appeals Meeting of July 27, 2017 5A Variance to the required minimum number of parking spaces. Location: 3402 Library Lane Applicant: Lara Dietrich Case No.: 17-15-VAR Recommended Action: Motion to adopt a resolution approving a variance from Section 36-361(c) to allow three parking spaces instead of the required seven spaces for the Maestoso Music Studio expansion. REQUEST: The Applicant operates the Maestoso Music Studio located at 3402 Library Lane. She is planning a 2,900 square foot expansion into the existing space located directly adjacent to the current business. Board of Zoning Appeals – July 27, 2017 Maestoso Music Studio, 3402 Library Lane 2 BACKGROUND: The following is a summary of the application. Maestoso Music Studio: Maestoso is a music studio where students attend lessons and practice music instruments. The existing studio is made up of six individual practice rooms, a larger ensemble room where groups can practice together, storage areas and office space for staff. The propose addition would add eight additional individual practice rooms, significant storage space, an office and restrooms. Existing Conditions: The following is a summary of the existing property conditions. Comprehensive Plan: Commercial Zoning: C-2 General Commercial Neighborhood: Sorenson The property is 11,120 square feet in area, and is improved with a multi-tenant building constructed in 1954. The Applicant currently occupies the ground floor of the third tenant space identified above with the solid outline. They intend to expand into the adjacent space identified with the dashed outline. The existing studio is approximately 1,500 sf. The proposed space is approximately 2,900 sf. The total area of the combined space is approximately 4,400 sf. Zoning Regulation: Maestoso is classified in the zoning ordinance as a “Studio” land use. Studio is defined as: Studio means a facility where the practice or study of the visual and audio arts occurs. This use may include painting, sculpturing, photography, recording, radio and television studios. This use also includes dance studios and studios for the martial arts. This use does not include large industrial photography or printing processes. Studios are a permitted use in the C-2 General Commercial zoning district, meaning the use can be approved administratively as long as it meets all other zoning regulations such as meeting the minimum parking requirement. In this case, the proposed expansion meets all zoning requirements except that it does not meet the minimum number of parking required. Board of Zoning Appeals – July 27, 2017 Maestoso Music Studio, 3402 Library Lane 3 Parking: The subject property does not have any on-site parking spaces. There are 12 on-street parking spaces adjacent to the building that can be used to meet the parking requirement for the entire building. The building is a multi-tenant building consisting of two apartments on the second level and four commercial spaces on the ground floor. Below is a table comparing the parking requirements for the existing and proposed uses. The only change in use occurs in Unit 2 where the applicant is expanding into a space previously occupied by Thompson Medical. This change results in an increased parking demand of 4 spaces for the property. Since there are only 12 existing spaces and 20.35 parking spaces required for the existing uses, the property is considered to be legally non-conforming to the parking requirements. In this situation, the uses are allowed to continue as is without a variance. Additionally, the uses can change over time as long as the overall parking demand for the property does not increase. The applicant, however, is proposing to increase the overall parking demand by four parking spaces, therefore, a variance is required to increase the cumulative parking demand on the property. The demand increases from 20.35 to 24.09 parking spaces (4 spaces). Additionally there is a significant amount of on-street parking in the area that can’t be counted to meet the minimum parking requirement, but can be used by the businesses as they are all public parking spaces. Maestoso cannot count on-street parking spaces not adjacent to their building as part of their required parking, because city code states that a business can only count the on-street spaces directly adjacent to their property toward the parking requirement. See aerial photo below for a view of all available on-street parking. Uses Existing parking Requirement Proposed Parking Requirement Second Story Apartments (4 bedrooms) 4 4 Unit 4 Monkey Bridge Arts (Studio) 3.55 3.55 Unit 3 Maestoso 3.75 3.75 Unit 2 Thompson Medical (Storage) 3.51 ---- Unit 2 Maestoso ---- 7.25 Unit 1 Upstage (Retail) 5.54 5.54 Required Parking: 20.35 24.09 Board of Zoning Appeals – July 27, 2017 Maestoso Music Studio, 3402 Library Lane 4 ANALYSIS: As required by City Code, the Board of Zoning Appeals (BOZA) considers the following prior to ruling on a variance. Staff has provided an analysis of each point below, and the Applicant has also provided an analysis of each point in the attached letter. 1. The effect of the proposed variance upon the health, safety, and welfare of the community. Maestoso is a music studio that currently operates at this location. The use is permitted by the zoning ordinance, and there are no complaints, including parking complaints, on file resulting from the business. There are 125 parking spaces located on the sections of Library Lane and Walker Street, and in the municipal parking lot pictured on the aerial above. While the subject property requires 24.09 parking spaces with the proposed expansion, there are 42 parking spaces located on Library Lane alone. The only properties other than the subject property utilizing these parking spaces include the small office building adjacent to the subject property. There is more on- street parking available than required for these two properties. On a side note, the football stadium utilizes all on-street parking in the area when there is a significant event occurring at the stadium, such as a football game. These events typically occur in the evening and on weekends when most of the area businesses are closed. Staff believes the variance will not have an adverse impact on the health, safety and welfare of the area. Board of Zoning Appeals – July 27, 2017 Maestoso Music Studio, 3402 Library Lane 5 2. Whether or not the request is in harmony with the general purposes and intent of the Zoning Ordinance. The buildings in the area were constructed at a time when the city relied on on-street parking more than we do today. As a result, there is an abundance of on-street parking in this area. The intent is that the on-street parking and the municipal parking lot would provide parking for the businesses in the area. Staff believes the request is in harmony with the general purposes and intent of the Zoning Ordinance. 3. Whether or not the request is consistent with the Comprehensive Plan. The property is guided commercial, and the music studio is a commercial use consistent with the comprehensive plan. 4. Whether or not the applicant establishes that there are practical difficulties in complying with the Zoning Ordinance. Practical Difficulty means: a. The proposed use is permitted in the zoning district in which the land is located. A variance can be requested for dimensional items only. The studio use is permitted in the C-2 zoning district. b. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. This block is part of the original downtown of St. Louis Park. It was constructed entirely dependent upon on-street parking. c. The variance, if granted, will not alter the essential character of the locality. As noted above, the area is the original St. Louis Park down town. On-street parking is a dominant feature of the area, and the businesses are dependent upon it. Requiring additional on-site parking would alter the character of the area. d. Economic considerations alone do not constitute practical difficulties. Economic considerations do not play into the variance request. e. Practical difficulties include inadequate access to direct sunlight for solar energy systems. Access to direct sunlight is not a factor in the request or the project. 5. Whether or not there are circumstances unique to the shape, topography, water conditions, or other physical conditions of the property. This area is unique to St. Louis Park in that it is the original downtown, and the properties along this block do not have any on -site parking. They rely entirely on the abundant on-street parking in the area. 6. Whether or not the granting of the variance is necessary for the preservation and enjoyment of a substantial property right. Board of Zoning Appeals – July 27, 2017 Maestoso Music Studio, 3402 Library Lane 6 While other uses could occupy the space without a variance, the requested use is a reasonable use and size for the area. It results in a variance of only four parking spaces. In comparison, a 4,400 sf restaurant would require a variance of 69 parking spaces. 7. Whether or not the granting of the variance will impair light and air to the surrounding properties, unreasonably increase congestion, increase the danger of fire, or endanger public safety. As noted above, the variance is for four spaces, and there is sufficient on-street parking to accommodate the request. Additionally, not all uses in the area utilize the parking at the same time. Therefore, the variety of uses in the area creates a shared parking arrangement that avoids congestion on the streets. 8. Whether or not the granting of the variance will merely serve as a convenience or is it necessary to alleviate a practical difficulty. The space that Maestoso is expanding into was previously a storage use, which required only four parking spaces. Storage is a land use that requires the least amount of parking, therefore, any use other than storage that occupies the space will require a variance. This is a practical difficulty for this commercial property located in a neighborhood dominated with commercial uses. The music studio expanding into this space is a reasonable use resulting in a minimal variance request. STAFF RECOMMENDATION: Staff finds the requested variance to the parking requirements meets the criterion required for granting a variance. Therefore, staff recommends adoption of the attached Resolution approving the requested variance to allow three parking spaces instead of the required seven spaces for the Maestoso Music Studio located at 3402 Library Lane. PREPARED BY: Gary Morrison, Assistant Zoning Administrator REVIEWED BY: Jennifer Monson, Planner ATTACHMENTS: Aerial Photo Proposed Resolution Letter from Applicant Floor Plan Site Plan Survey Board of Zoning Appeals – July 27, 2017 Maestoso Music Studio, 3402 Library Lane 7 Aerial Photo SITE N Board of Zoning Appeals – July 27, 2017 Maestoso Music Studio, 3402 Library Lane 8 BOZA RESOLUTION NO. _____ A RESOLUTION ADOPTING FINDINGS AND APPROVING A FOUR PARKING SPACE VARIANCE TO ALLOW THREE PARKING SPACES INSTEAD OF THE REQUIRED SEVEN SPACES FOR THE MAESTOSO MUSIC STUDIO EXPANSION LOCATED AT 3402 LIBRARY LANE BE IT RESOLVED BY the Board of Zoning Appeals of St. Louis Park, Minnesota: BE IT RESOLVED by the Board of Zoning Appeals (BOZA) of the City of St. Louis Park, Minnesota, that the following Findings and Decision are adopted approving the Maestoso Music Studio application for a variance to the minimum number of parking spaces required for the proposed expansion. PROCEDURAL BACKGROUND 1. On or about June 23, 2017, Lara Dietrich, on behalf of Maestoso Music Studio, filed a written request for a variance related to the minimum number of parking spaces required for an expansion to the music studio in the C-2 General Commercial zoning district. Specifically, the applicant is requesting a variance of four parking spaces to allow three parking spaces instead of the required seven spaces. 2. On July 27, 2017, BOZA conducted a public hearing regarding the application. 3. The record consists of the following: a. BOZA staff report – June 27, 2017. b. Application requesting the variance. c. Letter from applicant, received April 17, 2017. d. Existing and proposed floor plans. e. Property survey. 4. The BOZA closed the public hearing, and voted to adopt a Resolution approving the variance application. FINDINGS OF FACT 1. The property is located at 4302 and 4304 Library Lane, St. Louis Park, Minnesota (“Subject Property”). 2. The Subject Property is zoned C-2 General Commercial. 3. The applicant is currently occupying 1,500 square feet of space, and is seeking to add an additional 2,900 square feet. The proposed expansion requires seven parking spaces per the zoning requirement of one space per 400 square feet of studio space. The expansion, however is adjacent to only three on-street parking spaces, and has no other parking spaces it can claim to meet the parking requirement. Board of Zoning Appeals – July 27, 2017 Maestoso Music Studio, 3402 Library Lane 9 4. When reviewing a variance, the following criteria are examined: A. The effect of the proposed variance upon the health, safety, and welfare of the community. Maestoso is a music studio that currently operates at this location. The use is permitted by the zoning ordinance, and there are no complaints, including parking complaints, on file resulting from the business. While the combined uses located at the subject property requires 24 parking spaces with the proposed expansion, there are 42 parking spaces located on Library Lane alone. The only properties other than the subject property utilizing these parking spaces include the small office building adjacent to the subject property. There is more on-street parking available than required for these two properties. B. Whether or not the request is in harmony with the general purposes and intent of the Zoning Ordinance. The Studio use is permitted in the C-2 General Commercial district. C. Whether or not the request is consistent with the Comprehensive Plan. The property is guided commercial in the Comprehensive Plan. A Studio use is consistent with commercial zoning and land use designations. D. Whether or not the applicant establishes that there are practical difficulties in complying with the Zoning Ordinance. Practical Difficulty means: 1. The proposed use is permitted in the zoning district in which the land is located. A variance can be requested for dimensional items only. The Studio use is permitted in this zoning district. 2. The plight of the landowner is due to circumstances unique to the property and not created by the landowner, and 3. The variance, if granted, will not alter the essential character of the locality. This block is part of the original downtown of St. Louis Park. It was constructed entirely dependent upon on-street parking. 4. Economic considerations alone do not constitute practical difficulties. Economic conditions are not a consideration. Board of Zoning Appeals – July 27, 2017 Maestoso Music Studio, 3402 Library Lane 10 5. Practical difficulties include inadequate access to direct sunlight for solar energy systems. Access to direct sunlight is not a factor in the request or the project. E. Whether or not there are circumstances unique to the shape, topography, water conditions, or other physical conditions of the property. This area is unique to St. Louis Park in that it is the original downtown, and the properties along this block do not have any on-site parking. They rely entirely on the abundant on-street parking in the area. F. Whether or not the granting of the variance is necessary for the preservation and enjoyment of a substantial property right. While other uses could occupy the space without a variance, the requested use is a reasonable use and size for the area. It results in a variance of only four parking spaces. G. Whether or not the granting of the variance will impair light and air to the surrounding properties, unreasonably increase congestion, increase the danger of fire, or endanger public safety. The variance is for four spaces, and there is sufficient on-street parking to accommodate the request. Additionally, not all uses in the area use the parking at the same time. Therefore, the variety of uses in the area creates a shared parking arrangement that avoids congestion on the streets. H. Whether or not the granting of the variance will merely serve as a convenience or is it necessary to alleviate a practical difficulty. The space that Maestoso is expanding into was previously a storage use, which required only four parking spaces. Storage is a land use that requires the least amount of parking, therefore, any use other than storage that occupies the space will require a variance. This is a practical difficulty for this commercial property located in a neighborhood dominated with commercial uses. The music studio expanding into this space is a reasonable use resulting in a minimal variance request. DECISION Based upon the above findings, the Board of Zoning Appeals hereby approves the requested four parking space variance to allow three parking spaces instead of the required seven spaces for the expansion of the Maestoso Music Studio located at 4302 Library Lane, with the following conditions: Board of Zoning Appeals – July 27, 2017 Maestoso Music Studio, 3402 Library Lane 11 1. The variance is for the music studio as proposed only. The variance cannot be applied to future tenants of the space proposed to be occupied by Maestoso. Adopted by the Board of Zoning Appeals: July 27, 2017 Effective date: August 6, 2017 ___________________________ James Gainsley, Chair ATTEST: _______________________________________ Gary Morrison, Assistant Zoning Administrator Board of Zoning Appeals Meeting of July 27, 2017 5B Variance to the maximum allowed floor area. Location: 3947 Excelsior Boulevard Applicant: Patrick Crowe on behalf of Salt Salon Spa Case No.: 17-22-VAR Recommended Action: Motion to adopt a resolution approving a variance from Section 36-193(c)(11) to increase the maximum allowed floor area from 2,500 square feet to 3,750 square feet for Salon Concepts. REQUEST: The Applicant purchased the property with the intent of opening a 3,750 square foot Salon/Spa business. The C-1 Neighborhood Commercial district allows service uses, including salons, up to 2,500 square feet in area. A variance is requested to increase the allowed floor area from 2,500 square feet to 3,750 square feet for the proposed salon business named Salt Salon Spa. Board of Zoning Appeals – July 27, 2017 Salt Salon Spa, 3947 Excelsior Blvd 2 BACKGROUND: The following is a summary of the application. Existing Conditions: The following is a summary of the existing property conditions. Comprehensive Plan: Commercial Zoning: C-1 Neighborhood Commercial Neighborhood: Minikahda Vista The building was constructed in 1965 as a multi-tenant office building. The building is one story with a full basement. Each floor is 8,250 square feet, for a total gross floor area of 16,500 square feet. There are 28 parking spaces, and three garage spaces. The building is occupied mostly with office uses. Salt Salon Spa (Salt): Salt is a salon offering hair, nail, pedicure, massage and salt air treatment. A floor plan is attached showing how the tenant space will be remodeled. The space is proposed to be divided into two areas. The north side of the space will consist of hair, nail and pedicure services, while the south half of the space will consist of massage and salt air therapy. The two spaces function as individual businesses, each with their own lobby and check-in area. They will, however, be connected by one door allowing customers to freely move from one service to another. Zoning Regulation: The salon use is classified as a “Service” land use in the zoning ordinance. Service is defined as: Service means on-site service provided directly to an individual. This use includes barbershops, beauty shops, therapeutic massage, nail salon, laundromats, shoe repair shops, and dry cleaners where articles to be cleaned are picked up and delivered by the patron. This use excludes pawnshops. Section 36-193(c)(11) of the zoning ordinance states that Service is permitted with conditions in the C-1 Neighborhood Commercial zoning district. It also states that the maximum floor area allowed for a Service use is 2,500 square feet. Request: Salt is requesting a building permit to occupy 3,731 square feet of the building. This requires a variance to the above provision to allow a Service use that is 3,731 square feet in area instead of the 2,500 square feet maximum allowed. Parking: The property is legally non-conforming to the parking regulations. As an office building with 16,500 square feet of floor area, the city code requires 66 parking spaces. The code allows a 10% reduction to the minimum parking requirement because the building is located on a bus line, which reduces the minimum requirement to 60 parking spaces. The property, however, has only 31 spaces on-site, and an additional six on-street parking spaces that it can count toward meeting the minimum parking requirement. This leaves the property short by 23 spaces. As a property that is non-conforming to the parking regulations, the uses inside the building can continue as is. They can also change as long as the parking demand is not increased. In this case, Board of Zoning Appeals – July 27, 2017 Salt Salon Spa, 3947 Excelsior Blvd 3 both the office and service uses require one space per 250 square feet of floor area. Therefore, the salon/spa can replace office space without increasing the parking demand. To assist with the non-conforming parking situation, the property owner secured 16 parking spaces on a vacant lot located on Excelsior Blvd, just 200 feet to the east of the subject property. These spaces will be used by employees of the salon and other office users. The parking situation will be improved by the salon use as the peak demand time for parking for a salon use is different than a typical office use. The peak demand time for a typical office is business hours, Monday-Friday, and the salon/spa peak is will be evening and weekends. The off-set peak time is a more efficient use of the parking lot. ANALYSIS: As required by City Code, the Board of Zoning Appeals (BOZA) considers the following prior to ruling on a variance. Staff has provided an analysis of each point below, and the Applicant has also provided an analysis of each point in the attached letter. 1. The effect of the proposed variance upon the health, safety, and welfare of the community. The salon/spa will operate entirely within the existing building. Additions to the building are not proposed or required. They will utilize some patio seating along Excelsior Blvd which is a desired amenity that enhances the pedestrian experience along Excelsior Blvd. The parking demand should be improved as the peak parking demand times for office and salon uses are off-set. This will have a positive impact on the safety, health and welfare of the community. 2. Whether or not the request is in harmony with the general purposes and intent of the Zoning Ordinance. The salon use is a permitted use in the C-1 Neighborhood Commercial district, albeit with a maximum floor area of 2,500 square feet. Staff researched the origin of this requirement, but has been unable to determine why this limitation was established. The larger salon use does not increase the parking demand on the property, or have any other adverse impact on the property or the neighborhood. 3. Whether or not the request is consistent with the Comprehensive Plan. The request to allow more floor area than is otherwise allowed per the zoning ordinance is not addressed by the Comprehensive Plan. 4. Whether or not the applicant establishes that there are practical difficulties in complying with the Zoning Ordinance. Practical Difficulty means: a. The proposed use is permitted in the zoning district in which the land is located. A variance can be requested for dimensional items only. A salon is permitted in this district, albeit, limited to 2,500 square feet in area. b. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. Board of Zoning Appeals – July 27, 2017 Salt Salon Spa, 3947 Excelsior Blvd 4 The Applicant is requesting a variance to occupy an existing building. They are not creating the plight by constructing the building, or expanding an existing building. c. The variance, if granted, will not alter the essential character of the locality. The building is located on the corner of Excelsior Boulevard and Glenhurst Avenue. It is a commercial use, occupying an existing commercial building. The variance will not result in a larger building than what exists today. The variance is to allow the Applicant to occupy a larger portion of the multi-tenant office building. Staff believes the variance would not alter the essential character of the area. d. Economic considerations alone do not constitute practical difficulties. Salt Salon Spa needs at least 3,731 square feet to operate, so economic conditions are a consideration. As noted in this analysis, however, there are additional factors to consider such as having a positive impact on the character and welfare of the neighborhood, establishing a large and unique tenant in the existing building, meeting the intent of the zoning ordinance, and meeting all other zoning requirements, including parking. e. Practical difficulties include inadequate access to direct sunlight for solar energy systems. Access to direct sunlight is not a factor in the request or the project. 5. Whether or not there are circumstances unique to the shape, topography, water conditions, or other physical conditions of the property. There are no unique physical conditions of the property that prevent a reasonable use of the property. The proposed salon/spa is a reasonable use of the property, and there have been smaller salons in the building in the past. The off-set peak parking demands between the salon/spa and the other office uses in the building will improve the parking situation, and reduce potential parking problems that could result if the building were fully occupied by uses that had same or similar peak parking demand times. 6. Whether or not the granting of the variance is necessary for the preservation and enjoyment of a substantial property right. As noted above, the salon use is permitted in the zoning district, and it is a reasonable use for the building. 7. Whether or not the granting of the variance will impair light and air to the surrounding properties, unreasonably increase congestion, increase the danger of fire, or endanger public safety. If approved, the proposed variance would not impair light and air to the surrounding properties, or increase the danger of fire, or endanger public safety. The site may experience some congestion during peak times, but the congestion should be contained to the site, and not effect adjacent neighborhoods. Additionally, the property owner secured 16 off-site parking spaces for staff at a parking lot located 200 feet to the east on Excelsior Blvd. 8. Whether or not the granting of the variance will merely serve as a convenience or is it necessary to alleviate a practical difficulty. Board of Zoning Appeals – July 27, 2017 Salt Salon Spa, 3947 Excelsior Blvd 5 Granting the variance will alleviate a practical difficulty. The variance will allow a larger portion of the building to be occupied by a tenant that has a peak operating time different than the other office uses in the building. This will avoid potential parking problems resulting from the existing legally non-conforming parking situation. STAFF RECOMMENDATION: Staff finds the proposed application for a 3,731 square foot Service use instead of the maximum allowed 2,500 square feet meets the criterion required for granting a variance. Therefore, staff recommends adoption of the attached Resolution approving the requested variance for a 3,750 square foot salon instead of the maximum 2,500 square feet allowed. PREPARED BY: Gary Morrison, Assistant Zoning Administrator REVIEWED BY: Jennifer Monson, Planner ATTACHMENTS: Aerial Photo Proposed Resolution Floor Plan Site Plan Survey Board of Zoning Appeals – July 27, 2017 Salt Salon Spa, 3947 Excelsior Blvd 6 Aerial Photo Board of Zoning Appeals – July 27, 2017 Salt Salon Spa, 3947 Excelsior Blvd 7 BOZA RESOLUTION NO. _____ A RESOLUTION ADOPTING FINDINGS AND APPROVING A 3,750 SQUARE FOOT SERVICE USE INSTEAD OF THE ALLOWED MAXIMUM OF 2,500 SQUARE FEET FOR A PROPOSED SALON FACILITY LOCATED AT 3747 EXCELSIOR BOULEVARD BE IT RESOLVED BY the Board of Zoning Appeals of St. Louis Park, Minnesota: BE IT RESOLVED by the Board of Zoning Appeals (BOZA) of the City of St. Louis Park, Minnesota, that the following Findings and Decision are adopted approving Patrick Crowe’s application for variance to the maximum allowed size allowed for a Service use in the C-1 Neighborhood Commercial zoning district. PROCEDURAL BACKGROUND 1. On or about June 19, 2017, Patrick Crowe filed a written request for a variance related to the maximum size allowed for a Service use in the C-1 Neighborhood Commercial zoning district. Specifically, the applicant is requesting 3,750 square feet where only 2,500 square feet is allowed. 2. On July 27, 2017, BOZA conducted a public hearing regarding the application. 3. The record consists of the following: a. BOZA staff report. b. Application requesting the variance. c. Letter from applicant, dated June 19, 2017 with enclosure. d. Property survey e. Space plan and site plan 4. The BOZA closed the public hearing, and voted to adopt a Resolution approving the variance application. FINDINGS OF FACT 1. The property is located at 3749 Excelsior Boulevard, St. Louis Park, Minnesota (“Subject Property”). 2. The Subject Property is zoned C-1 Neighborhood Commercial. 3. The applicant is seeking to occupy 3751 square feet of the existing building with a Service use where up to 2,500 square feet is allowed. 4. When reviewing a variance, the following criteria are examined: A. The effect of the proposed variance upon the health, safety, and welfare of the community. Board of Zoning Appeals – July 27, 2017 Salt Salon Spa, 3947 Excelsior Blvd 8 The salon/spa will operate entirely within the existing building. Additions to the building are not proposed or required. B. Whether or not the request is in harmony with the general purposes and intent of the Zoning Ordinance. The Service use is permitted in the C-1 Neighborhood Commercial district. C. Whether or not the request is consistent with the Comprehensive Plan. The request to allow a floor area greater than is otherwise allowed per the zoning ordinance is not addressed by the Comprehensive Plan. D. Whether or not the applicant establishes that there are practical difficulties in complying with the Zoning Ordinance. Practical Difficulty means: 1. The proposed use is permitted in the zoning district in which the land is located. A variance can be requested for dimensional items only. The Service use is permitted in this zoning district. 2. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. The plight of the landowner is due to circumstances unique to the property and specifically the existing structure on the property. The applicant is not expanding the existing building. The Service use will be contained entirely within the existing building. 3. The variance, if granted, will not alter the essential character of the locality. The Service use is a commercial use, occupying an existing commercial building. The variance will not result in a larger building than what exists today. 4. Practical difficulties include inadequate access to direct sunlight for solar energy systems. Access to direct sunlight is not a factor in the request or the project. E. Whether or not there are circumstances unique to the shape, topography, water conditions, or other physical conditions of the property. The proposed salon/spa is a reasonable use of the property, and there have been smaller salons in the building in the past. Board of Zoning Appeals – July 27, 2017 Salt Salon Spa, 3947 Excelsior Blvd 9 The off-set peak parking demands between the salon/spa and the other office uses in the building will improve the parking situation, and reduce potential parking problems that could result if the building were fully occupied by uses that had the same or similar peak parking demand times. F. Whether or not the granting of the variance is necessary for the preservation and enjoyment of a substantial property right. The salon use is permitted in the zoning district, and it is a reasonable use for the building. G. Whether or not the granting of the variance will impair light and air to the surrounding properties, unreasonably increase congestion, increase the danger of fire, or endanger public safety. The variance would not impair light and air to the surrounding properties, or increase the danger of fire, or endanger public safety. H. Whether or not the granting of the variance will merely serve as a convenience or is it necessary to alleviate a practical difficulty. Granting the variance will alleviate a practical difficulty. The variance will allow a larger portion of the building to be occupied by a tenant that has a peak operating time different than the other office uses in the building. This will avoid potential parking problems resulting from the existing legally non-conforming parking situation. DECISION Based upon the above findings, the Board of Zoning Appeals hereby approves the requested variance for 3,750 square feet of Service use instead of the 2,500 square feet maximum allowed by the zoning ordinance at 3749 Excelsior Blvd, with the following conditions: 1. The site shall be developed, used and maintained in conformance with the following Official Exhibits: a. Space plan and site plan. Adopted by the Board of Zoning Appeals: July 27, 2017 Effective date: August 6, 2017 ___________________________ James Gainsley, Chair ATTEST: _______________________________________ Gary Morrison, Assistant Zoning Administrator