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HomeMy WebLinkAbout2018/03/22 - ADMIN - Agenda Packets - Board of Zoning Appeals - Regular AGENDA BOARD OF ZONING APPEALS COUNCIL CHAMBERS 6:00 P.M. MARCH 22, 2018 1. Call to Order – Roll Call 2. Approval of Minutes of February 22, 2018 3. Consent Agenda A. Resolution No. 01-18-Approving variance at 4317 Browndale Ave S. 4. Public Hearing 5. Old Business 6. New Business 7. Communications 8. Miscellaneous 9. 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. 1 UNOFFICIAL MINUTES OF FEBRUARY 22, 2018 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK Members Present: James Gainsley, Anthony Howard, Justin Kaufman Members Absent: Paul Roberts, Henry Solmer Staff Present: Gary Morrison, Assistant Zoning Administrator 1. Call to Order – Roll Call 2. Approval of Minutes of July 27, 2017 Commissioner Howard made a motion to approve the minutes of July 27, 2017. The motion passed on a vote of 3-0. 3. Consent Agenda: None 4. Public Hearings A. Variance: Variance to the side yard for an attached garage Location: 4317 Browndale Ave. S. Applicant: Andre LaTondresse, on behalf of Kevin Johnston Case No.: 18-03-VAR Gary Morrison, Assistant Zoning Administrator, presented the staff report. The applicant is requesting a 5 foot, 11 inch variance to the required 11 foot 8 inch side yard for construction of an attached garage. If approved the house and attached garage would be a total of 79.8 feet deep and located between 4.9 feet and 5.8 feet from the side lot line. He said the home has an existing tuck-under garage located on the back side of the home. Mr. Morrison presented the survey of the property and discussed setbacks. He presented the existing and proposed floor plan. He presented existing and proposed elevations. Mr. Morrison discussed the applicable zoning regulations. Mr. Morrison discussed the variance criteria. He stated that the variance is not required to preserve the applicant’s reasonable use and enjoyment of the property. A two-car detached garage is a legal alternative and an attached garage currently exists. The kitchen, mudroom and bathroom addition can be built without a 2 variance. He noted the variance is not required to provide off-street parking as existing conditions exceed two off-street parking spaces. He stated staff does not find that the property owner has a plight requiring a variance as a two-car detached garage can be legally constructed in the back yard. There are no unique circumstances preventing the owner from having a detached two-car garage. He noted attached garages are not viewed as a substantial property right. A two-car garage is a legal and common option. Attached garages are not viewed as a necessity, but as a convenience. And, a practical difficulty does not exist. Mr. Morrison stated that staff recommends denial of the required 5 foot, 11 inch variance to the required side yard as criterion are not met. Chair Gainsley opened the public hearing. Andre LaTondresse, applicant, discussed items which form a hardship for the applicant and are unique to the city zoning ordinance. He said the minimum property width for the R-1 zoning district is 75 feet. This property is 50 feet wide and one is forced to build the house perpendicular to the street. The sideyard setback width then becomes a hardship. He said the ordinance doesn’t anticipate that hardship because the ordinance is referring to larger lots. Mr. LaTondresse said the homeowners wish to vacate the current attached garage because it is not usable as the ceiling height is 7 feet and the garage door height is 6’4”. They are attempting to achieve the attached garage the house already has by setting it back a foot from the existing line of the house to acknowledge the impact on the neighbor. Basically asking the approval for a basement addition. Mr. LaTondresse discussed the code’s requirement that a detached garage needs to have the same character as the house. In this case it would be a 12:12 gable roof, making it virtually a 2-story structure. It would go straight out to the end of back yard. Adjacent properties would then lose their views of Browndale Park. He presented photographs. He said denying the variance would impact the park, the neighbors, and the homeowner’s back yard. Granting the variance would result in a low impact project such as they are proposing. He read a statement from the homeowners. Commissioner Kaufman asked if there has been any feedback from neighbors. Kevin Johnston, applicant, said they have received quite a bit of support and no opposition. Mr. Morrison stated with regard to detached garages the code does address aesthetics in two stages. He explained if a garage is less than 15 feet to the peak residents can do what they want with roof pitch and siding, including a flat roof, even if it is out of character with the house. He said if the house is from 15 feet to 3 a maximum of 24 feet to the peak then the roof pitch and siding is required to match the house. There are also some window requirements. The Chair closed the public hearing. Commissioner Kaufman said Mr. Morrison and staff do a tremendous job of enforcing zoning laws which are written with a particular purpose. He said he takes those into mind with the Comprehensive Plan. The problem he runs into is the issue of what the zoning laws are intended to do with one size fits all and what makes common sense. He said it was helpful to hear about 75’ minimum width. In looking at the low impact of the variance he stated he struggles because he’s not sure it meets the requirements of the variance at the end of the day. But he said he finds that the variance does have a certain common sense that is much more logical to him than requiring the detached garage, even if the peak may be different from the house. Mr. Morrison commented that most lots are 50 ft. wide, or don’t meet the 75’ width, in St. Louis Park. Commissioner Howard said he agreed with Commissioner Kaufman’s remarks. Chair Gainsley said he didn’t understand all the architectural aspects of the application. He said he doesn’t see a reason for a variance. The homeowners do have reasonable use. There is nothing that appears to be counter to that or that is a down side of that. He said he agrees with staff that a variance isn’t a good solution for this. Commissioner Kaufman made a motion to accept the variance for the project as presented to the BOZA. The motion to accept the variance passed on a vote of 2- 1 (Gainsley opposed). Mr. Morrison stated that he will bring the Resolution approving the variance to the Board at the next meeting for approval. The Chair directed staff to prepare the resolution approving the variance. Mr. Morrison read the standard 10 day appeal process. Mr. Morrison said since a resolution will be brought to the board next month we will need a quorum to vote on it. The Board at that time may vote for or against the resolution. Commissioner Kaufman responded that a decision was made and there is a quorum. He said his understanding was that a motion was passed that includes a resolution and that it is just a matter of signing the resolution once it is prepared. 4 Mr. Morrison said when the resolution comes forward for approval the board votes on it at that time. He said he will put together findings and present those to the board for approval of the variance. He said he will verify that process. 4. New Business A. Election of Chair and Vice Chair Chair Gainsley made a motion nominating Justin Kaufman as Chair and Anthony Howard as Vice Chair. The motion passed on a vote of 3-0. 5. Unfinished Business 6. New Business: None 7. Communications 8. Adjournment The meeting was adjourned at 6:35 p.m. Respectfully submitted, Nancy Sells Recording Secretary Board of Zoning Appeals Meeting Date: March 22, 2018 Consent Agenda Item: 3A EXECUTIVE SUMMARY TITLE: Resolution No. 01-18 Approving variance at 4317 Browndale Ave S. RECOMMENDED ACTION: Motion to Adopt Resolution approving a 5 foot 11 inch variance to the required 11 foot 8 inch side yard for an attached garage SUMMARY: The property is improved with a single-family home constructed in 1939. The existing home is legally non-conforming to the required six foot side yard. City code requires a six foot side yard, but the home has a 4.9 foot side yard. The home is also legally non-conforming to the code that requires a greater side yard for homes with a side wall longer than 40 feet. The side wall for the existing home is 49.8 feet long, which requires a 6.4 foot side yard. The Applicant is requesting a 5 foot, 11 inch variance to the required 11 foot 8 inch side yard for the construction of an attached garage. If approved the house and attached garage would be a total of 79.8 feet deep and located between 4.9 feet and 5.8 feet from the side lot line. Drawings of the proposal are attached. The applicant would like to construct an attached garage on the back side of the home. The proposed garage would access the basement of the home in a similar manner as the existing tuck-under garage. The proposed garage would not have living space above it. Instead, it would have a flat roof with a deck constructed on top of the entire roof. The garage will open to the north and would be accessed by the existing driveway. The existing tuck-under garage will be converted to a recreation room. A small bathroom and mudroom will also be added onto the backside of the house, but on the north and east side of the existing tuck-under garage. At the February 22, 2018 meeting the BOZA voted to approve the requested variance, and directed staff to prepare a resolution for consideration at the March meeting. The Resolution is placed on the consent agenda, as a discussion is not required, and the BOZA can simply approve the consent agenda. If the BOZA desires to amend the Resolution, it can removed it from the consent agenda and place it under “Old Business”. Under Old Business it can be discussed and amended, then acted on. SUPPORTING DOCUMENTS: Draft Resolution Exhibits Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Jennifer Monson, Planner Board of Zoning Appeals Meeting of March 22, 2018 (Item No. 3A) Page 2 Title: Resolution No. 01-18 Approving variance at 4317 Browndale Ave S. BOZA RESOLUTION NO. _____ A RESOLUTION APPROVING A 5 FOOT 11 INCH VARIANCE TO THE REQUIRED 11 FOOT 8 INCH SIDE YARD FOR THE CONSTRUCTION OF AN ATTACHED GARAGE LOCATED AT 4317 BROWNDALE AVE S BE IT RESOLVED BY the Board of Zoning Appeals of St. Louis Park, Minnesota: FINDINGS 1. On January 22, 2018, Andre LaTondresse, on behalf of the property owner Kevin Johnston applied for a variance from the requirements of the Zoning Ordinance (Section 36- 163(f)(7) to allow a 5 foot 9 inch side yard instead of the required 11 feet 8 inch side yard required in the R-1 Single-Family Residence District. 2. The property is located at 4317 Browndale Ave S and described below as follows, to wit: That part of Lot 23, lying West of the Easterly 100 feet thereof, Block 2, ”Browndale Park,” Hennepin County, Minnesota, according to the recorded plat thereof. 3. The Board of Zoning Appeals has reviewed the application for variance Case No. 18-03- VAR on February 22, 2018. 4. Based on the testimony, evidence presented, and files and records, the Board of Zoning Appeals has determined that the requested variance meets the requirements of Section 36- 34(a)(2) of the Zoning Ordinance necessary to be met for the Board of Zoning Appeals to grant variances, and makes the following findings: a. There are factors related to the shape, size or other extraordinary conditions on the lot. The garage is proposed to be constructed into a hill which will minimize the visual impact from adjacent properties. b. The variance does not have an impact on the health, safety and welfare of the community. c. The request is in harmony with the general purpose and intent of the zoning ordinance. The additional setback required for long side wall is mitigated by the fact that the wall will be constructed into the hill located between the subject property and the neighboring property. Therefore, much of the long sidewall will be below grade. d. The subject property is zoned R-2 Single-Family Residence. A single-family home and an attached garage is a permitted use in this district. e. The variance will not alter the essential character of the locality. The attached garage constructed into the side hill will have less of an impact on the views into the park than a detached garage located would. Board of Zoning Appeals Meeting of March 22, 2018 (Item No. 3A) Page 3 Title: Resolution No. 01-18 Approving variance at 4317 Browndale Ave S. 5. The contents of the Board of Zoning Appeals Case File 18-03-VAR are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION The Board of Zoning Appeals hereby approves the requested 5 foot 11 inch variance to the required 11 foot 8 inch side yard required for the proposed addition to the home located at 4317 Browndale Ave S subject to the following conditions: 1. The variance applies to the project as presented to the BOZA, and as shown on the attached exhibits. Future additions to the home and garage must meet the requirements of the zoning district at the time the additions are requested. Adopted by the Board of Zoning Appeals: March 22, 2018 Effective date: April 2, 2018 ___________________________ Justin Kaufman, Chairperson ATTEST: _______________________________________ Gary Morrison, Assistant Zoning Administrator ISSUE DATE1/22/18DRAWN BYJALPROJECTJOHNSTONVARIANCEPROJECT NO.17.07PROJECT ADDRESSOF 44317 Browndale Ave SSt. Louis Park, MN 55424KEVIN & KATEJOHNSTONVARIANCE APPLICATION FOR1 PROPOSED KITCHEN /BATH ADDITION PROPOSED GARAGE /DECK ADDITION SURVEYThat part of Lot 23, Block 2, BROWNDALE PARK, Hennepin County, Minnesota,lying Westerly of the Easterly 100 feet thereof. ISSUE DATE1/22/18DRAWN BYJALPROJECTJOHNSTONVARIANCEPROJECT NO.17.07PROJECT ADDRESSOF 44317 Browndale Ave SSt. Louis Park, MN 55424KEVIN & KATEJOHNSTONVARIANCE APPLICATION FOR20'-0"7'-8"23'-10"13'-0"5'-6" EXISTING PLANTER - REBUILD WITH FRONT ENTRANCE AREA 30'-0" WINDOW WELL WINDOW WELL TRENCH DRAIN 1 main level plan scale: 1/4" = 1'- 0" plan north 2 lower level plan scale: 1/4" = 1'- 0" DOWN UP TRASH RECYC. GAS GRILL 2 FLOOR PLANSTO DAYLIGHT DOWN 23'-4"6'-8" EGRESS WINDOW BATH REC. ROOM LAUNDRY NEW WINDOWS TO DAYLIGHT HALLWAY GUEST BEDROOM UP UP DOWN MASTER BEDROOM HALLWAY MSTR. BATH KITCHEN FOYER UP 2R UP 2R NEW DECK FL: AZEK DECKING NEW WINDOWS REMOVE WINDOW BRICK-IN OPENING SL. GL. DR.DINING ROOM ENTRY TERRACE EXISTING PLANTER - REBUILD WITH FRONT TERRACE AREA MUD RM. NEW GARAGE MECH. LIVING ROOM NEW CLOSET - OUTFITTING T.B.D.EXISTING BEAM STORAGE SUMMARY OF WORK - MAIN LEVEL LIVING ROOM ARCHWAY TO FOYER OTHER? DINING ROOM MODIFY WALL TO KITCHEN OTHER? KITCHEN REMOVE DIVIDING WALL EXPANSION TO EAST NEW WOOD FLOOR ALL NEW FINISHES ALL NEW CABINETS ALL NEW APPLIANCES HALLWAY DOORS TO BATH & BEDROOM REPAIRS TO FINISHES & FLOORS MASTER BATH RECONFIGURE TO SHARED SPACE NEW TILE FLOOR NEW TILE SHOWER ALL NEW FINISHES NEW VANITY CABINET ALL NEW FIXTURES MASTER BEDROOM RECONFIGURED ENTRANCE RECONFIGURED CLOSET NEW CARPET FLOOR ALL NEW FINISHES NEW WINDOWS & SL. GL. DR. LIGHTING - TBD HVAC - MODIFY AS REQ. SUMMARY OF WORK - LOWER LEVEL GUEST BEDROOM ADD CLOSET ADD EGRESS WINDOW WINDOW WELL - DRAINAGE? OTHER? HALLWAY OPEN UP TO REC. ROOM DOORS TO LAUNDRY & UNDERSTAIR REPAIRS TO FINISHES & FLOORS FAMILY ROOM COLUMN RECONFIG? CEILING HGTS/DUCTS RECONFIG? NEW FLOOR SLAB INSULATE EXTERIOR WALLS EXPAND OPENING TO HALLWAY REPAIR WALL - SE CORNER NEW WINDOWS BATHROOM NEW SPACE BELOW KITCHEN NEW TILE FLOOR NEW TILE SHOWER ALL NEW FINISHES NEW VANITY CABINET ALL NEW FIXTURES MUDROOM NEW SPACE UNDER DECK ALL NEW FINISHES NEW LOCKERS/CUBBIES GARAGE NEW SPACE UNDER DECK NOTE 6'-6" HIGH O.H. DOORS LEVEL OF FINISHES? FLOOR FINISH? LIGHTING - TBD HVAC - MODIFY AS REQ. SEE SHT. 2 FOR SUMMARY OF EXTERIOR WORK RECOMMENDED STEP AND TERRACE MODIFICATIONS (FUTURE) PROPOSED BASEMENT ADDITION 1'-0"20'-0"EXISTING CONSTRUCTION 1'-0"NEW WALL CONST. EXIST. WALL CONST. EXIST. WALL TO REMOVE LEGEND NEW WALL CONST. EXIST. WALL CONST. EXIST. WALL TO REMOVE LEGEND PROPOSED BASEMENT & DECK ADDITION EXISTING CONSTRUCTION NEW WINDOW23'-4"6'-8" 30'-0" 0 5 10 15 20 ISSUE DATE1/22/18DRAWN BYJALPROJECTJOHNSTONVARIANCEPROJECT NO.17.07PROJECT ADDRESSOF 44317 Browndale Ave SSt. Louis Park, MN 55424KEVIN & KATEJOHNSTONVARIANCE APPLICATION FOR6'-6"1 north elevation scale: 1/4" = 1'- 0" 3 east elevation scale: 1/4" = 1'- 0" 3EXTERIOR ELEVATIONSSTUCCO STUCCO ALUM. CLAD WOOD WDWS. STUCCO ALUM. CLAD WOOD WDWS. LAMINATED ASPHALT SHINGLES STUCCO STUCCO 2 south elevation scale: 1/4" = 1'- 0" LAMINATED ASPHALT SHINGLES ALUM. CLAD WOOD WDWS. STUCCO BRICK-IN EXISTING OPENING STUCCO PROPOSED ADDITION PROPOSED ADDITION NEW CONSTRUCTION EXIST. CONSTRUCTION BEYOND NEW EGRESS WDW. AND WINDOW WELL EXIST. GLASS BLK. WDW. AND WINDOW WELL WINDOW REPLACEMENTWINDOW REPLACEMENT WINDOW REPLACEMENT WINDOW REPLACEMENT WINDOW REPLACEMENT WINDOW REPLACEMENT WINDOW REPLACEMENT WINDOW REPLACEMENT WINDOW REPLACEMENT ALUM. CLAD WOOD WDW. ALUM. CLAD SL. GL. DR. DORMER WINDOW REPLACEMENT EXIST. WINDOW EXIST. WINDOW EXIST. ENTRY DOOR NEW COPPER CAP NEW COPPER CAP REFACE EXIST. BAY REFACE EXIST. BAY REFACE EXIST. BAY REFACE EXIST. BAY SEE PLAN FOR PLANTER REDESIGN NEW ALUM. CLAD WOOD WDWS. AND WINDOW WELL EXIST. CONSTRUCTION EXIST. FNDN. REPAIR EXISTING ROOF - PROVIDE COST OF REROOFING WITH LAMINATED ASPHALT SHINGLES EXISTING ROOF - PROVIDE COST OF REROOFING WITH LAMINATED ASPHALT SHINGLES WINDOW REPLACEMENT WINDOW REPLACEMENT PROPOSED ADDITION EXIST. CONSTRUCTION EXISTING ROOF - PROVIDE COST OF REROOFING WITH LAMINATED ASPHALT SHINGLES LAMINATED ASPHALT SHINGLES NEW CONSTR. EXIST. BEYOND REPAIR & REPOINT EXISTING BRICK INSTALL REPELLANT REPAIR & REPOINT EXISTING BRICK INSTALL REPELLANT REPAIR & REPOINT EXISTING BRICK INSTALL REPELLANT SUMMARY OF EXTERIOR WORK DECK NEW DECK, STAIR, RAILINGS AZEk DECK & RAILING BRICK LIMITED REPOINTING/REPAIR APPLY REPELLANT PROVIDE SUPPORT OVER KITCHEN EXTERIOR SIDING. STUCCO COULD BE LAP SIDING ON MAIN LEVEL ROOFING NEW ROOF @ KITCHEN/MBR. REPLACE EXISTING - WHEN? WINDOWS NEW MARVIN CLAD WINDOWS REPLACE EXSITING??? NEW WINDOWS TO BE SDL W/ BRICK-MOLD FRONT STEPS/RETAINING WALLS/PLANTER EVENTUAL REPLACEMENT CONSIDER LIMESTONE STEPS & WALL STONE SEE SHEET 1 . APPROX. MAIN FLOOR LEVEL OF HOME TO THE SOUTH APPROX. MAIN FLOOR SEATED EYE-LEVEL IN HOME TO THE SOUTH APPROX. MAIN FLOOR STANDING EYE- LEVEL IN HOME TO THE SOUTH APPROX. GRADE AT PROPERTY LINE PER SURVEY SWALE BETWEEN WALL AND PROPERTY LINE 0 5 10 15 20