HomeMy WebLinkAbout2024/06/26 - ADMIN - Agenda Packets - Board of Zoning Appeals - Regular Board of zoning appeals meeting
June 26, 2024
6:00 p.m.
If you need special accommodations or have questions about the meeting, please call Sean Walther at 952.924.2574 or the
administration department at 952.924.2505.
Board of zoning appeals meeting
The St. Louis Park board of zoning appeals is meeting in person at St. Louis Park City Hall, 5005
Minnetonka Blvd. Members of the public can attend the meeting in person.
Visit bit.ly/slppcagendas to view the agenda and reports.
Agenda
1.Call to order – roll call
2.Approval of minutes – July 5, 2023
3.Hearing
3a. Amend and restate variances for 2625 Louisiana Ave S.
Applicant: Web Development LLC
Case No: 24-24-VAR
4.Other business
5.Communications
6.Adjournment
Future scheduled meeting/event dates:
July 3, 2024 – canceled
July 17, 2024 – planning commission meeting
August 7, 2024 – planning commission meeting
August 21, 2024 – planning commission meeting
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Board of zoning appeals
July 5, 2023
6:00 p.m.
If you need special accommodations or have questions about the meeting, please call Sean Walther or the administration
department at 952.924.2525.
Board of zoning appeals
Members present: Jim Beneke, Matt Eckholm, Katie Merten, Jan Youngquist
Members absent: Tom Weber, Michael Salzer, Mia Divecha
Staff present: Gary Morrison, Sean Walther
1. Call to order – roll call
2. Approval of minutes – April 12, 2023
Commissioner Beneke made a motion, seconded by Commissioner Merten to approve
the April 12, 2023, BOZA minutes as presented. The motion passed unanimously.
3. Hearings
3a. Variance for 8901 Stanlen Road
Applicant: Barry Novak
Case No: 23-06-VAR
Mr. Morrison presented the report.
Commissioner Youngquist asked if the 1981 decision had the correct set back, would
this be an issue today or is this because the owners are adding on to the current
construction. Mr. Morrison stated the variance is required for both reasons noted – the
setback and the living space being added below the current structure.
Acting Chair Eckholm opened the public hearing.
Barry Novak, the owner of the home, stated he was available for questions.
No questions were asked.
Acting Chair Eckholm closed the public hearing.
Commissioner Merten made a motion, seconded by Commissioner Youngquist to
rescind city council resolution 6975 and approve resolution granting a variance to allow
a 7.7-foot rear yard setback at 8901 Stanlen Rd, with conditions noted in the staff
report. The motion passed unanimously.
4. Other Business - none
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Unofficial minutes
BOZA
July 5, 2023
Page 2
5. Communications - none
6. Adjournment – 6:10 p.m.
______________________________________ ______________________________________
Gary Morrison, liaison Mia Divecha, chair member
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Board of zoning appeals: Regular meeting
Meeting date: June 26, 2024
Agenda item: 3a
3a Amend and restate variances for 2625 Louisiana Ave. S.
Location: 2625 Louisiana Ave. S.
Case Number: 24-14-VAR
Applicant: Web Development, LLC
Owner: Web Development, LLC
Review Deadline: 60 days: July 8, 2024 120 days: September 6, 2024
Recommended
actions:
Chair to open public hearing, take public testimony, and close public
hearing.
Motion to adopt resolution amending and restating BOZA Resolution
No. 22-01 adopted on July 6, 2022, and amending the expiration date
to existing variance to allow lot line coverage of 66 percent instead of
the minimum 80 percent in the MX-1 district for 2625 Louisiana
Avenue South.
Motion to adopt resolution amending and restating BOZA Resolution
No. 22-02 adopted on July 6, 2022, and amending the expiration date
to existing variance to allow for an off-street parking area drive aisle
width of 22 feet instead of the minimum requirement of 24 feet for
2625 Louisiana Avenue South.
Summary of request: The board of zoning appeals approved two variances for the property at
2625 Louisiana Ave. S on July 6, 2022:
• Variance to reduce the minimum lot line coverage from 80% to 66% in the MX-1
district.
• Variance to reduce the total width of a parking drive aisle from 24 feet to 22 feet.
These variances are associated with a development plan put forth by the applicant to develop a
proposed 57-unit, four-story, mixed-use building. The conditions of the variances require
sitework related to the variance to be completed within two years of the variance approval.
The applicant has not submitted any permit applications for the project, nor have they begun
site work related to the project. As such, the original variance approvals will expire on July 6,
2024.
The applicant has applied for an amendment to the expiration date of these variance approvals,
which requires a public hearing and reconsideration by the board of zoning appeals. The
attached resolutions amend and restate the previous resolutions, with updated dates and
conditions where applicable.
For more information about the original variance approvals or zoning analysis for the project,
please review the BOZA staff reports from 2022:
• June 15, 2022
• July 6, 2022
5
Regular meeting of June 26, 2024 (Item No. 3a)
Title: Amend and restate variances for 2625 Louisiana Ave. S.
Site information:
Site area (acres): 0.89 acre
Current use: One-story commercial Surrounding land uses:
North: Regional trail and railroad
East: One-family residences
South: Retail and services
West: Industrial
2040 land use guidance: Zoning:
MX - mixed use MX-1 vertical mixed use
6
Regular meeting of June 26, 2024 (Item No. 3a)
Title: Amend and restate variances for 2625 Louisiana Ave. S.
Background:
The applicant initially contacted city staff in February 2022 to discuss their interest in
developing a mixed-use development on the site at 2625 Louisiana Ave. S. As one of the first
new developments proposed in the MX-1 vertical mixed-use district, the applicant worked with
city staff to try to meet the provisions of the zoning district. Due to some constraints on the site
and challenges with frontage, terrain, and stormwater, the applicant eventually requested
three variances from the zoning code to develop the proposed 57-unit, four-story, mixed-use
building. Aside from the variances, all other aspects of the development may be reviewed and
approved or denied administratively. Staff conducted a preliminary zoning review related to
these administrative elements in 2022 and shared them with the BOZA as part of the staff
report.
The existing conditions of the site include a
one-story commercial building with a
driveway at the southwest corner of the
property onto Louisiana Avenue. The
topography of the site then drops and slopes
to the northeast away from Louisiana Avenue;
the elevation changes by 20 feet when going
from west to east on the site. In addition to
the elevation change on the property,
northbound Louisiana Avenue rises into a
bridge over the Burlington Northern railroad
tracks and North Cedar Lake Regional Trail
along the west property line.
Also running along the western property line
is a slope easement granted in favor of the
City of St. Louis Park. The purpose of the
easement is to maintain the structural
integrity of the Louisiana Avenue bridge or
any future reconstruction of the bridge
through maintenance of the slope. The
easement is 38 feet wide for over half the
property and then increases to 50 feet wide
when the property juts out to the west.
Buildings may be constructed in the slope easement if the structural integrity of the slope and
bridge is maintained.
Previous approvals:
In 2022, the applicant applied for three variances to the zoning code:
1. Variance from section 36-264(g)(3) to allow for a lot line coverage of 66% instead of the
80% minimum required lot line coverage in the MX-1 zoning district.
2. Variance from section 36-361(l)(2) to allow a driveway aisle width of 22 feet instead of
the minimum 24 feet.
3. Variance from section 36-73(b)(1) to allow for balconies that encroach beyond the build-
to-zone by 4.8 feet rather than the allowed maximum of three feet.
Slope Easement Diagram
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Regular meeting of June 26, 2024 (Item No. 3a)
Title: Amend and restate variances for 2625 Louisiana Ave. S.
The board of zoning appeals held a public hearing on June 18, 2022; the BOZA’s decision was
tabled, as additional information was needed from the applicant to show that stormwater
management could work on the site and not require additional approvals. On July 6, 2022 the
board of zoning appeals approved the first two variance requests via BOZA Resolutions No. 22-
01 and 22-02. The BOZA denied the third variance request via BOZA Resolution No. 22-03.
Present Considerations:
BOZA Resolutions No. 22-01 and 22-02 both have conditions that the work associated with the
variance requests must be substantially completed within two years of the variance approval.
The expiration of those conditions will be July 6, 2024.
The applicant has requested an amendment to the approving resolutions to extend the
expiration date two years, to July 6, 2026. All other conditions and details of the original
development plan remain the same.
Variance Findings (same as 2022): As required by city code, the BOZA considers the following
prior to ruling on a variance:
Variance Request 1: Variance to allow for lot line coverage of 66% instead of the minimum
requirement of 80% lot line coverage in the MX-1 zoning district:
1. The effect of the proposed variance upon the health, safety, and welfare of the
community. The neighboring property to the north is a regional trail and railroad property,
with the Louisiana Avenue bridge crossing above it. Therefore, reducing the lot line
coverage at the north end of the lot frontage facing Louisiana Avenue will not impact the
health safety or welfare of this block, particularly for the property to the north, where the
variance is requested. The variance also allows less encroachment into a slope easement
which is beneficial to the public interest in the adjacent bridge.
2. Whether or not the request is in harmony with the general purposes and intent of the
Zoning Ordinance. The general purpose and intent of the lot line coverage standard for the
MX-1 district is to ensure active ground-floor uses are concentrated at the street frontage,
creating pedestrian-scale engagement. The subject site has a street frontage that includes
the Louisiana Avenue bridge, presenting changes in elevation as well as restricting direct
access to the lot’s frontage from the right of way.
3. Whether or not the request is consistent with the Comprehensive Plan. The
Comprehensive Plan designates the land use of this site as MX – mixed-use, which requires
a mix of uses on a property, with retail, service, or other commercial uses on the ground
floor and residential or office on the upper floors, with residential densities ranging from 20
to 75 units per acre. The request for the variance is for a four-story, mixed-use building,
with commercial fronting on Louisiana Avenue South with pedestrian access and with
residential density of 65 units per acre, which is 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. Mixed-use buildings with ground-
floor commercial and upper-floor multi-family residential are permitted uses with
conditions in the MX-1 vertical mixed-use district.
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Regular meeting of June 26, 2024 (Item No. 3a)
Title: Amend and restate variances for 2625 Louisiana Ave. S.
b. The plight of the landowner is due to circumstances unique to the property and not
created by the landowner. The primary street frontage of the property is Louisiana
Avenue South, with a portion of the site fronting onto the Louisiana Avenue bridge.
These circumstances are unique to this property’s location and are not the result of
action by the landowner.
c. The variance, if granted, will not alter the essential character of the locality. The
essential character of the site and the surrounding area would not be altered if this
variance were granted. Although the proposed development will bring with it change to
the area, it is consistent with the intent of the zoning and land use guidance. The
approval of this variance would not change the character of the type of development
allowed.
d. Economic considerations alone do not constitute practical difficulties. Economic
considerations are not considered as part of this application.
e. Practical difficulties include inadequate access to direct sunlight for solar energy
systems. This is not applicable to the application.
5. Whether or not there are circumstances unique to the shape, topography, water
conditions, or other physical conditions of the property. The physical conditions of the
property are unique in that the grade of the north half of the property drops 22 feet below
the street level of the Louisiana Avenue bridge.
6. Whether or not the granting of the variance is necessary for the preservation and
enjoyment of a substantial property right. The variance allows a mixed-use development
that is allowed in the district and reduces the degree to which the building encroaches on
the slope easement. While there might be a way to extend the building frontage north, so
that more of the frontage was covered, the usability of that space would be extremely
limited, thanks to the dramatic grade changes between the Louisiana Avenue bridge and
the sloping terrain. Therefore, the intent of the regulation, to have more active uses on the
ground level of the street frontage would not be met, and the variance is needed to meet
that intent.
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. The granting of this variance will not impair light or air to the surrounding
properties; rather, granting this variance would relieve development impact on the regional
trail and railroad property to the north. The traffic expected to be generated from the
planned residential density and commercial development were broadly reviewed in the
comprehensive plan for this and other areas where the land use changes were considered,
as well as background growth in the city’s comprehensive plan.
8. Whether or not the granting of the variance will merely serve as a convenience or is it
necessary to alleviate a practical difficulty. Staff finds this criterion has been met.
Requiring that the building take up 80% of the lot coverage, or 231 feet, will create a
practical difficulty by greatly reducing the usability of the ground floor uses facing an
elevated Louisiana Avenue bridge and extend the building encroachment farther into the
slope easement.
9
Regular meeting of June 26, 2024 (Item No. 3a)
Title: Amend and restate variances for 2625 Louisiana Ave. S.
Variance Request 2: Variance to allow a driveway aisle width of 22 feet instead of the
minimum 24 feet:
1. The effect of the proposed variance upon the health, safety, and welfare of the
community. The reduction of the drive aisle width from 24 feet to 22 feet will enable the
eastern portion of the site to maintain a landscaped buffer between the parking lot and the
adjacent properties to the east, as well as a pedestrian walkway along the east side of the
building, which provides Americans with Disabilities Act (ADA) accessible route through the
site from Louisiana Avenue South to the North Cedar Lake Regional Trail. In that regard, by
allowing this variance, the health, safety, and welfare of the community may be improved
beyond the alternative if the variance was not allowed.
2. Whether or not the request is in harmony with the general purposes and intent of the
Zoning Ordinance. The intent of the zoning ordinance is to safely accommodate on-site
parking facilities while also creating buffers between different uses. The reduction of the
drive aisle width is allowed in the C-1 district to address similar conditions on this site as
most C-1 properties, including narrow lot depths and parking lots adjacent to residences, so
the variance request is not outside of what has been allowed through the zoning ordinance
before. The variance has the added benefit of resulting in the parking stalls being two feet
farther away from the east property line, which slightly reduces the impact of the parking
onto the neighboring one-family residences to the east.
3. Whether or not the request is consistent with the Comprehensive Plan. The
comprehensive plan designates the land use of this site as MX – mixed-use, which requires a
mix of uses on a property, with retail, service, or other commercial uses on the ground floor
and residential or office on the upper floors, with residential densities ranging from 20 to 75
units per acre. The request for the variance is for a four-story, mixed-use building, with
commercial fronting on Louisiana Avenue South with pedestrian access and with residential
density of 65 units per acre, which is 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. Mixed-Use buildings with ground-
floor commercial and upper-floor multi-family residential are permitted uses with
conditions in the MX-1 vertical mixed-use district.
b. The plight of the landowner is due to circumstances unique to the property and not
created by the landowner. The unique topography and shape of the property make it
difficult to accommodate the mixed use building as well as adequate on-site parking for
the uses while also maintaining a buffer between parking and the adjacent properties to
the east without the variance. These conditions of the lot were not created by the
landowner.
c. The variance, if granted, will not alter the essential character of the locality. The
essential character of the area will not be impacted by this variance. The MX-1 district
allows for a maximum driveway curb cut width of 22 feet, so maintaining the drive aisle
width at 22 feet will not alter the character of the district.
d. Economic considerations alone do not constitute practical difficulties. Economic
considerations are not considered as part of this application.
e. Practical difficulties include inadequate access to direct sunlight for solar energy
systems. This is not applicable to the application.
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Regular meeting of June 26, 2024 (Item No. 3a)
Title: Amend and restate variances for 2625 Louisiana Ave. S.
5. Whether or not there are circumstances unique to the shape, topography, water
conditions, or other physical conditions of the property. The topography and shape of the
property are unique in that the topographic challenges of the lot limit where the building
may be placed, which also limits where adequate parking on the lot may go. To
accommodate the appropriate amount of parking, while giving access to the building and
creating a buffer from the neighboring properties to the east, the variance becomes
necessary.
6. Whether or not the granting of the variance is necessary for the preservation and
enjoyment of a substantial property right. Providing a mix of uses on the property and
providing adequate parking facilities for those uses are part of the intention of the MX-1
vertical mixed-use district. To meet the intent of having off-street parking, and not having
those facilities in the front yard of the property (facing Louisiana Avenue South), the
configuration of the parking around the east yard and over to underground facilities in the
building becomes necessary. These elements in the narrow lot, along with a needed buffer
between the parking facilities and neighboring properties to the east and provide ADA
accessible sidewalk to the regional trail, warrant a variance in drive aisle width.
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. Granting this variance will not impair light or air access for surrounding
properties. There are examples in other districts and circumstances where a 22-foot drive
aisle is allowed, so there is no endangerment to safety with this variance.
8. Whether or not the granting of the variance will merely serve as a convenience or is it
necessary to alleviate a practical difficulty. Staff finds this criterion has been met. The
reduced drive aisle width will allow for the use of the property as intended within the
zoning district and enable other regulations, such as parking space requirements and
landscaping buffers, to be installed.
For more information about the original variance approvals or zoning analysis for the project,
please review the BOZA staff reports from 2022:
• June 15, 2022
• July 6, 2022
STAFF RECOMMENDATION: Staff recommend the board of zoning appeals holds the public
hearing for this request and takes the following actions:
1. Motion to adopt resolution amending and restating BOZA Resolution No. 22-01 adopted
on July 6, 2022, and amending the expiration date to existing variance to allow lot line
coverage of 66 percent instead of the minimum 80 percent in the MX-1 district for 2625
Louisiana Avenue South.
2. Motion to adopt resolution amending and restating BOZA Resolution No. 22-02 adopted
on July 6, 2022, and amending the expiration date to existing variance to allow for an
off-street parking area drive aisle width of 22 feet instead of the minimum requirement
of 24 feet for 2625 Louisiana Avenue South.
Supporting documents: Draft resolutions
Prepared by: Laura Chamberlain, senior planner
Reviewed by: Gary Morrison, zoning administrator
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Regular meeting of June 26, 2024 (Item No. 3a)
Title: Amend and restate variances for 2625 Louisiana Ave. S.
BOZA Resolution No. 24-01
Amends and Restates BOZA Resolution No. 22-01
Amending and restating BOZA Resolution No. 22-01 adopted on July 6, 2022, by
amending the expiration date to existing variance to allow lot line coverage of
66 percent instead of the minimum 80 percent in the MX-1 district for 2625
Louisiana Avenue South
Whereas, on April 18, 2022, Jeremy Exley, representing Web Development LLC, applied
for a variance from the requirements of the Zoning Ordinance (Section 36-264(g)(3)) to allow
for a lot line coverage of 66% instead of the minimum requirement of 80% lot line coverage in
the MX-1 zoning district.
Whereas, the subject property is located at 2625 Louisiana Ave. S. and described below
as follows, to wit:
Lots 19 and 20;
Lots 21 and 22 except the Westerly 12 feet of said lots;
All in Block 3, “Earlsfort Terrance”, Hennepin County, Minnesota.
Whereas, the subject property is zoned MX-1 vertical mixed-use.
Whereas, a variance was approved by the Board of Zoning Appeals on July 6, 2022, via
Resolution No. 22-01.
Whereas, it is the intent of this resolution to continue and restate the conditions of the
variance granted by BOZA Resolution No. 22-01 and to extend the approval window two years
from the previous approval date.
Now therefore be it resolved that BOZA Resolution No. 22-01 is hereby restated and
amended by this resolution which continues and amends the variance on the subject property
at the location described above based on the following conditions:
1. The building shall be constructed in accordance with the following exhibits:
a. Exhibit A – Ground Floor Architectural Plan showing the proposed building width
of 193.2 feet, representing 66.9% of the coverage on the west lot line, which
totals 288.9 feet.
2. The building’s lot line coverage may not be reduced further unless this variance is
amended to reflect the proposed change.
3. The construction of the retaining wall on the eastern edge of the property shall be
conducted completely on the subject property, unless the owner has obtained a
temporary easement for construction access; this shall apply to initial construction of
the wall and any future maintenance or reconstruction of the wall.
4. The stormwater management facility for this project shall be designed to accommodate
all of the existing drainage areas directed to this site. The volume of runoff draining to a 12
Regular meeting of June 26, 2024 (Item No. 3a)
Title: Amend and restate variances for 2625 Louisiana Ave. S.
landlocked receiving area may not increase due to a project unless the applicant can
demonstrate that any additional runoff volume from the project will be effectively
abstracted. The 100-year runoff event, as determined by Atlas 14, will be used to
determine holding capacity and high-water elevation for this area.
5. The variance is automatically revoked and canceled if construction of the proposed
building is not substantially completed within two years as outlined in city code section
36-38(a)(9) by July 6, 2026.
Adopted by the Board of Zoning Appeals: June 26, 2024
Effective date: July 8, 2024
______________________________
Mia Divecha, Chair
ATTEST:
_______________________________________
Gary Morrison, Zoning Administrator
13
Regular meeting of June 26, 2024 (Item No. 3a)
Title: Amend and restate variances for 2625 Louisiana Ave. S.
“Exhibit A”
Floor Plan – Level 1
06/02/2022
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Regular meeting of June 26, 2024 (Item No. 3a)
Title: Amend and restate variances for 2625 Louisiana Ave. S.
BOZA Resolution No. 24-02
Amends and Restates BOZA Resolution No. 22-02
Amending and restating BOZA Resolution No. 22-02 adopted on July 6, 2022, by
amending the expiration date to existing variance to allow for an off-street
parking area drive aisle width of 22 feet instead of the minimum requirement of
24 feet for 2625 Louisiana Avenue South
Whereas, on April 18, 2022, Jeremy Exley, representing Web Development LLC, applied
for a variance from the requirements of the Zoning Ordinance (Section 36-361(l)(2)) to allow for
an off-street parking area drive aisle width of 22 feet.
Whereas, the subject property is located at 2625 Louisiana Ave. S. and described below
as follows, to wit:
Lots 19 and 20;
Lots 21 and 22 except the Westerly 12 feet of said lots;
All in Block 3, “Earlsfort Terrance”, Hennepin County, Minnesota.
Whereas, the subject property is zoned MX-1 vertical mixed-use.
Whereas, a variance was approved by the Board of Zoning Appeals on July 6, 2022, via
Resolution No. 22-02.
Whereas, it is the intent of this resolution to continue and restate the conditions of the
variance granted by BOZA Resolution No. 22-02 and to extend the approval window two years
from this resolution’s approval date.
Now therefore be it resolved that BOZA Resolution No. 22-02 is hereby restated and
amended by this resolution which continues and amends the variance on the subject property
at the location described above based on the following conditions:
1. The off-street parking area shall be constructed in accordance with the following
exhibits:
a. Exhibit A – Site Plan showing the proposed drive aisle width of 22 feet.
2. The off-street parking area’s drive aisle width may not be reduced further unless this
variance is amended to reflect the proposed change.
3. The construction of the retaining wall on the eastern edge of the property shall be
conducted completely on the subject property, unless the owner has obtained a
temporary easement for construction access; this shall apply to initial construction of
the wall and any future maintenance or reconstruction of the wall.
4. The stormwater management facility for this project shall be designed to accommodate
all of the existing drainage areas directed to this site. The volume of runoff draining to a 15
Regular meeting of June 26, 2024 (Item No. 3a)
Title: Amend and restate variances for 2625 Louisiana Ave. S.
landlocked receiving area may not increase due to a project unless the applicant can
demonstrate that any additional runoff volume from the project will be effectively
abstracted. The 100-year runoff event, as determined by Atlas 14, will be used to
determine holding capacity and high-water elevation for this area.
5. The variance is automatically revoked and canceled if construction of the proposed off-
street parking area is not substantially completed within two years as outlined in city
code section 36-38(a)(9) by July 6, 2026.
Adopted by the Board of Zoning Appeals: June 26, 2024
Effective date: July 8, 2024
______________________________
Mia Divecha, Chair
ATTEST:
_______________________________________
Gary Morrison, Zoning Administrator
16
Regular meeting of June 26, 2024 (Item No. 3a)
Title: Amend and restate variances for 2625 Louisiana Ave. S.
“Exhibit A”
Site Plan
06/02/2022
17