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Home My WebLink About2024/08/21 - ADMIN - Minutes - Board of Zoning Appeals - Regularf St.Louis ParkMilso«sots Board of zoning appeals Board of zoning appeals August 21,2024 6:00 p.m. Members present:Jim Beneke,Mia Divecha,Matt Eckholm,Sylvie Hyman,Jan Youngquist Members absent:Tom Weber,Katie Merten Staff present:Gary Morrison Guests:Residents of St.Louis Park 1.Call to order -roll call 2.Approval of minutes -June 26,2024 -The meeting minutes were approved unanimously as presented. 3.Hearings 3a.Application for appeal of zoning determination -3320 Huntington Ave.S. Applicant:Fred and Julia Ramos Case No:24-16-AP Mr.Morrison presented the report. Chair Divecha opened the public hearing. Fred Ramos,3320 Huntington Ave.,the applicant,thanked the BOZA and city staff for their time on this.He stated this application is no reflection on his neighbors but noted they do have a fundamental difference on the sports court.He stated the city has expertise on this but noted several issues with the city related to timing of appeal and delay of enforcement until the appeal is heard by his neighbors.He added these items need to be taken into account. Mr.Ramos stated there is no definition in the city code of the term "sport court",and it is his position it should have a common sense,practical meaning.He noted there is only 5 feet of setback and stated a sport court needs a buffer.He noted where the code is not clear and there is no consensus,which is a problem,so they are asking the BOZA to look at the definition of a sports court. Mr.Ramos stated they provided several pictures of sport courts,and noted it appears most designers recommend 3-10 feet of space around the sidelines,keeping safety in mind for clearance. If you need special accommodations or have questions about the meeting,please call Sean Walther or the administration department at 952.924.2525. Minutes BOZA Aug.21,2024 Mr.Ramos stated when constructing a sports court,there is additional clearance that is needed for basketball,so the 5-foot setback should be 3-10 feet past the basketball hoop.He added we should feel safe in our homes,He stated the activity generated by the sport court puts their cars and house at risk of damage,and themselves or guests at risk of being hit by a ball.He noted several photos he took in his neighborhood where basketball hoops are not on driveways but are on the street curb.The spot chosen to build this sport court is causing him concern. Julie Ramos,3320 Huntington Ave.,noted the photos and how close the area is to their house.She also noted the driveways and that there is only 10 feet on their side of the property line and there is a door to their house where the basketballs would be thrown. She stated she has been unable to work,been woken up,is afraid to leave her house, and she feels very unsafe in this situation,where basketballs are constantly being thrown in her direction.She stated the neighbor's lot is twice as wide and there are other locations on their property that are more suitable for a sport court.She stated there are no sports courts in their neighborhood because lots are too small and in no cases are there basketball hoops between houses because lots are too close together. She stated this is a dangerous precedent with putting the sports court between two driveways.She added other hoops in the neighborhood are barely used and this one is used multiple times per day and every day,so it belongs in a neutral location. Philip Hodge,3336 Huntington Ave.,stated some ofthe other basketball hoops are not placed in safe places in driveways.He stated this is a safer place to put a hoop,within a sports court.He added there is an exaggeration of the number of times the basketball hoop is used during the day at the house.He added the neighbors were also willing to put up a net which would solve the ball falling over if that is the primary safety concern. Elisabeth White,4118 Randall Ave.,stated they moved to this neighborhood in 2007 and this neighborhood stands out because it is a true neighborhood.She stated when they have issues,they find solutions and she hoped this would be solved in a nice way but she is disturbed by this.She added the neighbor Ross is shy but has been helpful and is showing goodwill.She stated the suggestion of putting up a net is goodwill.She thanked BOZA for helping with a solution to this. Douglas White,4118 Randall Ave.,stated he has lived in his home for 17 years.He stated anyone calling Ross menacing is not true,and he is actually shy.He stated it is fine his children play sports and it is better than using drugs.He stated it is best if the neighbors could work this out,and the idea of moving the court to the other side of the driveway would mean building a whole new court.He stated putting up a net would be helpful and would make this work so no balls would go into the neighbor's yard.He stated not liking the sound of a basketball is not something the city can enforce,and he feels the neighbors should come to a peaceful solution on this. Chair Divecha closed the public hearing. 2 Minutes BOZA Aug.21,2024 Commissioner Divecha stated the intention of BOZA is to determine the decisions the city makes are within the code and it is not within their purview to decide things like whether bouncing a ball is a nuisance.She stated this is a reasonable thing for residents to do and the location of the sports court is within the code and is legal.She added the BOZA is not interested in getting into the details of exact regulation and placement of basketball hoops beyond what the code requires,and added the city has important things to do and this is not a priority.She stated there are challenges living within a community and with other people,and there are things that will not be enjoyable for all parties,and if this was at a level of real nuisance,then she would consider it,but children shooting hoops is not that big of a problem. Commissioner Youngquist stated the zoning issue before BOZA is the 5-foot setback.She stated in listening to the applicants and the resolution drafted they are requesting above and beyond what is required in the code,and if we arbitrarily changed requirements for everyone,then it would set the city up for a lawsuit.She added she has also lived next to neighbors who allowed children to hit hockey pucks,and they talked to their neighbors about a solution.She stated this is not a zoning issue but is a neighborhood mediation issue and she will vote to uphold staff's determination. Commissioner Beneke stated he somewhat sympathizes as he has a neighbor also with a hoop in the driveway and the sound can be somewhat jarring.He stated,however,it will be noisy no matter where is might be located.He added the zoning requirements do not allow for getting too deep into this issue. Commissioner Eckholm stated while BOZA can get involved,he does not think it should and this is beyond reasonable discussion. It was moved by Commissioner Eckholm,seconded by Commissioner Hyman to approve the resolution and uphold staff's recommendation at 3330 Huntington Ave.S. The motion passed unanimously. 4.Other Business-none. 5.Communications •Mr.Morrison stated staff is asking for assistance from commissioners to help recruit residents for Vision 4.0 process.He stated the deadline is Labor Day. •The next upcoming meeting is a planning commission meeting on September 4. •Chair Divecha stated she and Mr.Walther worked on details related to meeting procedures and rules,and if there are any questions,please contact Mr. Walther. 3 Minutes BOZA Aug.21,2024 Chair Divecha asked when the Planning Commission will be presenting to the city council.Mr.Morrison stated that will be sometime in October. 6.Adjournment -6:46 p.m. 7MiaDivecha,chair member 4