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HomeMy WebLinkAbout2025/03/19 - ADMIN - Agenda Packets - Board of Zoning Appeals - Regular Board of zoning appeals and Planning commission study session March 19, 2025 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 and planning commission study session The St. Louis Park board of zoning appeals meeting and planning commission study session are 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. You can provide comment on board of zoning appeals agenda items in person at the meeting or by emailing your comments to info@stlouispark.org by noon the day of the meeting. Comments must be related to an item on the meeting agenda. Public comments will not be accepted during the planning commission study session. Agenda Board of zoning appeals 1.Call to order – roll call 2.Approval of minutes – December 18, 2024 3.Hearing 3a. Application for variance at 8000 Minnetonka Boulevard Applicant: Tom Schoenberger Case No: 24-28-VAR 4.Other business – none 5.Communications 5a. City now accepting applications for boards and commissions members 5b. Vision 4.0 facilitator training/community conversations 6.Adjournment Planning commission study session 1.Focused conversation reflecting on zoning code update phase 1 (30-45 minutes) Future scheduled meeting/event dates: April 2, 2025 - planning commission study session April 16, 2025 - planning commission regular meeting May 7, 2025 - planning commission regular meeting May 21, 2025 - planning commission regular meeting 1 2 Board of zoning appeals December 18, 2024 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, Mia Divecha, Matt Eckholm, Tom Weber, Estella Hughes (youth member) Members absent: Sylvie Hyman, Jan Youngquist, John Flanagan Staff present: Gary Morrison Guests: none 1. Call to order – roll call 2. Approval of minutes – Dec. 4, 2024. The minutes were approved unanimously. 3. Hearings 4. Other Business 4a. Application for variance at 3900 Natchez Ave. S. Appellants: Danny and Aubrey van der Steeg Case No: 24-20-VAR There was no staff report. Commissioner Beneke made a motion, seconded by Commissioner Weber to approve the application for variance at 3900 Natchez Ave. S. as presented by staff. The motion passed 4-0. 5. Communications 6. Adjournment – 6:02 p.m. ______________________________________ ______________________________________ Gary Morrison, liaison Mia Divecha, chair member 3 4 Board of zoning appeals: Regular meeting Meeting date: March 19, 2025 Agenda item: 1 1 Request for amendment to Texa-Tonka parking variance – 8000 Minnetonka Blvd Executive summary Location: 8000 Minnetonka Boulevard Case Number: 24-28-VAR Applicant: Tom Schoenberger, Westside Market Owner: Paster Properties Review Deadline: 60 days: April 19, 2025 120 days: June 8, 2025 Recommended motions: Chair to open the public hearing, take testimony and close the hearing. Motion to adopt resolution amending and restating BOZA Resolution 04-18 to increase the amount of restaurant space that can occupy the Texa-Tonka shopping center from 5,500 square feet to 7,300 square feet. Summary of request: Thomas Schoenberger owns the Westside Market. The business would like to add 26 seats to the deli located in the market. Adding seats would change the land use classification of the business from food service to a restaurant. Restaurants are limited to a cumulative 5,500 square feet in the Texa-Tonka Shopping Center by a parking variance granted in 2018. Therefore, to convert the deli to a restaurant, they request the city amend the variance to increase the amount of restaurant space that can occupy the Texa-Tonka Shopping Center from 5,500 square feet to 7,300 square feet. Site information: 5 Regular meeting of the Board of Zoning Appeals: March 19, 2025 (Item No. 1) Title: Request for amendment to Texa-Tonka parking variance – 8000 Minnetonka Blvd Current land use guidance: COM-Commercial Surrounding land uses: North: residential East: residential South: commercial West: commercial Current zoning: MX-1 Mixed Use Current use: Shopping Center Site area: Property: 141,500 square Feet (3.25 acres) Mall: 48,000 square feet approx. Market: 1,200 sf Background: Paster Properties completed a remodel to enhance and update the Texa-Tonka Shopping Center in 2018. The project involved reducing the shopping center’s size from 52,000 to 48,000 square feet to create an outdoor gathering space. Improvements were also made to the mall façade, improving landscaping, and adding bicycle parking. Despite these updates, the site remained non-conforming to the minimum required parking spaces, and a variance was granted to reduce the required spaces from 251 to 160 spaces. According to the parking study, there are currently 164 parking spaces in the parking lot. As a condition of the variance, restaurants were limited to a total cumulative area of 5,500 square feet. Present considerations: Westside market is a food retail business in the Texa-Tonka Shopping Center at 8016 Minnetonka Blvd. It is owned by Tom Schoenberger who is also the applicant for this variance. The market currently sells deli sandwiches which are primarily served for take- out. While the deli currently has no seats, up to 10 seats are allowed by code for a food service use, such as a deli. More than 10 seats classify the use as a restaurant. The applicant would like to expand the deli by replacing some of the retail fixtures with 26 seats. In the variance requested, they are proposing a total of 26 seats, which changes their use from food service (retail market with a deli) to a restaurant. The parking variance granted on November 27, 2018, included a condition that the total area of restaurants within the shopping center cannot exceed 5,500 square feet. The shopping center is currently at the maximum floor area of restaurants allowed by the variance granted in 2018. The seats for the deli cannot be approved unless the variance is amended to increase the amount of restaurant space that can occupy the Texa-Tonka Shopping Center from 5,500 square feet to 7,300 square feet. Applicable zoning regulations: The existing market/deli is classified as a combination of retail and food service. The proposal would change it to a restaurant classification. The minimum parking requirements for each use is shown below. City Code Section 36-361(c)(2): • Parking minimum for restaurant: One space per each 60 sq. ft. floor area. • Parking minimum for retail: One space per each 250 sq. ft. floor area • Parking minimum for food service: One space per 25 square feet of customer service area. 6 Regular meeting of the Board of Zoning Appeals: March 19, 2025 (Item No. 1) Title: Request for amendment to Texa-Tonka parking variance – 8000 Minnetonka Blvd The minimum parking required for the current market/deli is 12 spaces. If the variance is approved, and the market/deli is allowed to convert to a restaurant, then the minimum parking required for the restaurant use would increase to 20 spaces. This is an increase of 8 parking spaces required for the restaurant use. Parking study: The applicant hired SRF consulting to conduct a parking study that that analyzed the parking demand during the lunch and dinner hours. Parking counts were conducted over a period of 14 days in September and October of 2024. There are 164 parking spaces in the parking lot. During the lunch period, the most cars parked at the shopping center was 108, which represents a 66% use of the parking lot. On average, there were 88 cars in the parking lot during the lunch hours, which represents a 54% use of the parking lot. During the dinner hours, the most cars in the parking lot was 127, which represents 77% use of the parking lot. On average, there were at most 84 cars in the parking lot during the dinner hours, which represents a 51% use of the parking lot. As noted above, the zoning ordinance would require an additional eight parking spaces to convert the market/deli to a restaurant. The parking study indicates that at the highest use, there were 127 parking spaces use, and 37 parking spaces still available, and the highest average use of the parking lot during the lunch and dinner hours was 88 parking spaces. The parking study concludes there is a sufficient supply of parking spaces to accommodate the increase in restaurant space in the mall. Variance analysis: Requested is an amendment to BOZA Resolution 04-18, granting a variance to Section 36-361(c)(2) to reduce the minimum required parking spaces at the Texa-Tonka Shopping Center by amending the conditions of the variance to allow up to 7,300 square feet of restaurant space instead of the current limit of 5,500 square feet. The applicant proposes the following: 1. Remodel Westside Market to add 26 dining seats. 2. Amend the existing variance for minimum parking requirements, 2018, by increasing the amount of restaurant space that can occupy the Texa- Tonka Shopping Center from 5,500 square feet to 7,300 square feet. Without increasing the required parking spaces for the Texa-Tonka Shopping Center. Findings: As required by city code, the board of zoning appeals (BOZA) considers the following findings prior to ruling on a variance. City staff provided an analysis of each point below. The applicant submitted a letter explaining the need for the variance. The letter is attached to this staff report. 1. The effect of the proposed variance upon the health, safety, and welfare of the community. The Texa-Tonka Shopping Center has 164 parking spaces. The westside market is one of a variety of business whose patrons use this lot already designed for efficient traffic flow. 7 Regular meeting of the Board of Zoning Appeals: March 19, 2025 (Item No. 1) Title: Request for amendment to Texa-Tonka parking variance – 8000 Minnetonka Blvd According to the parking study during the busiest timeframes/days, the overall utilization of the Texa-Tonka Shopping Center was only approximately 70 percent, resulting in a surplus of 50 or more parking spaces. This data from the parking study indicates there will likely not be an overflow of parking or traffic, therefore, should not generate complaints or become a nuisance. Staff believes this criterion has been met. 2. Whether or not the request is in harmony with the general purposes and intent of the zoning ordinance. The intent of the ordinance is to accommodate, on the shopping center property, the customer and employee parking generated by the tenants of the shopping center. As shown by the parking study, which includes actual parking counts, granting the amendment to the variance will not result in a shortage of parking spaces at the shopping center. Staff believe this criterion has been met. 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. The request for the variance is to allow restaurant seating/service in the existing retail space of the Westside Market, which is consistent with the Comprehensive Plan. Staff believe this criterion has been met. 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 required in the zoning ordinance, including but not limited to setbacks and height limitations. Food service is a permitted use 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 condition of the existing variance to limit the amount of restaurant square footage to 5,500 was created to accommodate the existing and planned restaurants at the time the shopping center was to be remodeled. It is reasonable that the restriction would be revisited in the future if actual use of the parking lot showed it could accommodate more parking if the 5,500 square foot restaurant restriction was increased to allow more restaurants. c. The variance, if granted, will not alter the essential character of the locality. As shown by the parking study, the essential character of the site and the surrounding area would not be altered if this variance were granted. 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 variance requested is not appliable to any unique physical conditions of the building or property. Staff believe this criterion is met. 8 Regular meeting of the Board of Zoning Appeals: March 19, 2025 (Item No. 1) Title: Request for amendment to Texa-Tonka parking variance – 8000 Minnetonka Blvd 6. Whether or not the granting of the variance is necessary for the preservation and enjoyment of a substantial property right. The amendment to the variance allows the Westside Market to expand its deli with take- out service to accommodate dine-in customers. While the intent of the original variance was to ensure sufficient parking options, an amendment to the variance is needed to allow Westside Market to remodel and add seating to its previously established food service and retail business. As shown by the parking study, the existing limit of 5,500 square feet of restaurant space required by the existing variance can be increased to allow more restaurant space without being contradictory to the intent of the ordinance. Therefore, an amendment to the existing variance is needed to preserve a substantial property right of the shopping center owners by allowing additional restaurant space as requested. Staff believe this criterion has been met. 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 the requested variance amendment will not impact the supply of light and air to the adjacent property. The amendment to the variance will add increased customers and parking in the Texa-Tonka Shopping Center parking lot, however, the applicant had a traffic study conducted 09/26/2024 - 10/12/2024, by a third party at the request of city staff. The Results conclude that there is adequate parking in the parking lot and adding 26 seats of dining will not add unnecessary congestion to the street and would not reasonably increase any risk to public safety. Staff believe this criterion has been met. 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 variance is necessary to allow Westside Market to convert to a restaurant. As shown by the parking study, there is sufficient capacity in the parking lot to allow the market to convert to a restaurant as requested. The condition of the existing variance to restrict restaurant to 5,500 square feet can be increased as requested without resulting in a shortage of parking spaces at the shopping center. Additionally, staff believes that it is reasonable that the condition can be revisited and revised after several years of operation. Staff believes this criterion has been met. Staff Recommendation: Staff recommend BOZA, amend and restate BOZA Resolution No. 04-18 by increasing the amount of restaurant space that can occupy the Texa-Tonka Shopping Center from 5,500 square feet to 7,300 square feet. Supporting documents: Draft resolution, market floor plan, letters from neighborhood Prepared by: Marcus Hansen, Community Development Intern Reviewed by: Gary Morrison, Zoning Administrator 9 Regular meeting of the Board of Zoning Appeals: March 19, 2025 (Item No. 1) Title: Request for amendment to Texa-Tonka parking variance – 8000 Minnetonka Blvd DRAFT RESOLUTION BOZA RESOLUTION NO. ___ A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 04-18 GRANTING A VARIANCE FROM SECTIONS 36-194(D)(4) AND 36-361(B)(2) OF THE ZONING ORDINANCE TO ALLOW A SETBACK OF 12 FEET FOR RESTAURANTS WITH INTOXICATING LIQUOR LICENSE, AND ALLOW 160 PARKING SPACES INSTEAD OF THE REQUIRED 251 PARKING SPACES AT 8000 MINNETONKA BOULEVARD. BE IT RESOLVED BY the Board of Zoning Appeals of St. Louis Park, Minnesota: FINDINGS 1. On October 8, 2018, Mike Sturdivant (Paster Properties) applied for a variance from the requirements of Section 36-233(D)(4) and Section 36-361(C)(3) of the Zoning Ordinance to allow a setback of 12 feet from residential properties for restaurants with intoxicating liquor licenses and to allow 160 parking spaces instead of the required 251 spaces to operate a shopping center with retail, up to 5,500 square feet of restaurant uses and up to 3,000 square feet for coffee shop uses in the C-2 General Commercial District at the following location, to-wit: PARCEL 1: LOTS 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 AND LOT 15, EXCEPT THAT PART THEREOF LYING SOUTHEASTERLY OF A LINE DRAWN FROM A POINT ON THE SOUTH LINE OF SAID LOT DISTANT 18 FEET WEST OF THE SOUTHEAST COMER OF SAID LOT 15 TO A POINT ON THE EAST LINE OF SAID LOT DISTANT 18 FEET NORTH OF SAID SOUTHEAST COMER, ALL IN BLOCK 2, TEXA-TONKA ADDITION, HENNEPIN COUNTY, MINNESOTA. PARCEL 2: THAT PART OF LOT 1 LYING WEST OF A LINE DRAWN FROM A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 1 DISTANT 76.85 FEET NORTHEASTERLY FROM THE MOST WESTERLY COMER THEREOF TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 1 DISTANT 61.8 FEET EASTERLY FROM THE MOST WESTERLY COMER THEREOF, REARRANGEMENT IN PART OF BLOCK 2, TEXA-TONKA ADDITION, HENNEPIN COUNTY, MINNESOTA. TORRENS PROPERTY 2. The Board of Zoning Appeals has reviewed the application for Variance Case No. 18-61- VAR, 18-62-VAR. 10 Regular meeting of the Board of Zoning Appeals: March 19, 2025 (Item No. 1) Title: Request for amendment to Texa-Tonka parking variance – 8000 Minnetonka Blvd 3. The shopping center has been in existence since 1951 and has operated successfully with a variety of uses with less parking than required by zoning. 4. The Board of Zoning Appeals has considered the effect of the proposed variances upon the health, safety and welfare of the community, and existing and anticipated traffic conditions. Past businesses have operated as full service restaurants serving alcohol. The reduction in parking requirements will not have a significant impact on the community as the shopping center has operated with sufficient parking for many years. The applicant is proposing a reduction in the overall square footage of the property and is also increasing the number of bicycle parking. This will not only reduce the amount of leasable space, but also increases the amount of public gathering space and landscaping. 5. There are significant grade changes between the property and adjacent residential uses to the north, including an eight foot high terraced retaining wall with a six foot high fence on top. The difference in topography between uses reduces the impact of a restaurant use on adjacent residential properties, lessening the need for a large setback. 6. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The need for the variances is due to the unique circumstances of the property and the location of the existing building. When the building was constructed in the 1950s, it was constructed as a typical strip commercial center, with the building placed near the rear property line and parking in front. The existing onsite parking stall counts do not meet the current code. The existing center is located in a transit connected, walkable and bikeable community. The variances will allow for the enhancement of these elements with greater pedestrian connections, bike parking, and public gathering space which encourages different modes of transportation other than vehicular traffic. 7. The variances will not alter the essential character of the locality and will improve the site conditions and area walkability with a redesigned parking lot and greater opportunities for landscaping. 8. The need for the variance is due to the unique needs of the existing shopping center’s site design, which was constructed in 1951 and is being revitalized and reused. 9. The primary use of the site is a shopping center which offers a mix of uses and opportunities to facilitate shared parking between those uses. The high traffic generating uses will be a small portion of the overall site and are limited in size to reduce the parking impacts. 10. Because of conditions on the subject property and surrounding property, it is possible to use the property in such a way that the proposed variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and the Comprehensive Plan. 11 Regular meeting of the Board of Zoning Appeals: March 19, 2025 (Item No. 1) Title: Request for amendment to Texa-Tonka parking variance – 8000 Minnetonka Blvd 11. The contents of Board of Zoning Appeals Case File 18-61-VAR, 18-62-VAR, and 24-28- VAR are hereby entered into and made part of the public record. 12. The code reference of 36-361(c)(3) has changed to 36-361(c)(2) as a result of amendments made to the parking ordinance. 13. On February 18, 2024 Thomas Schoenberger, owner of Westside Market, a tenant of Texa-Tonka shopping center, and Paster Properties, owner of the Texa-Tonka shopping center submitted a complete application to amend an existing variance, BOZA Resolution 04-18 to allow an increase in restaurant uses from 5,500 sf to 7,300 sf. 14. A public hearing on the requested amendment was conducted on March 19, 2025. 15. 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 36-361-(c)(2) of the zoning ordinance necessary to be met for the Board of Zoning Appeals to grant variances, and makes the following findings: a. The variance will not have an adverse effect on the health, safety, and welfare of the community. The existing structure to be remodeled does not have a history of complaints or nuisances. b. The proposed amended variance has no impact on the community. This variance is in keeping with the character of the 2018 variance and will provide a small modification in reducing the parking minimum to allow the remodel of 8016 Minnetonka to occur and provide dining to their existing food service business. c. The Comprehensive Plan designates the land use of this site as MX-1 vertical mixed use. Food service and restaurants are consistent with this designation. 16. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to initiate the work on or before one year after the variance is granted. 17. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION The application for a variance from Section 36-233(D)(4) and Section 36-361(c)(2) of the Zoning Ordinance to allow a setback of 12 feet for restaurants with intoxicating liquor licenses and to allow 160 parking spaces instead of the required 251 spaces to operate a shopping center with retail, up to 7,300 square feet of restaurant uses and up to 3,000 square feet for coffee shop uses in the MX-1 Mixed-Use District is granted based upon the findings set forth above and with the following conditions: 12 Regular meeting of the Board of Zoning Appeals: March 19, 2025 (Item No. 1) Title: Request for amendment to Texa-Tonka parking variance – 8000 Minnetonka Blvd 1. The variance applies to the project as presented to the BOZA, and as shown on the attached exhibits; Exhibit A – Site Plan 2. The combined restaurant uses shall be a maximum of 5,500 7,300 square feet in floor area. 3. The outdoor seating areas shall be a maximum of 1,280 square feet in size. 4. The coffee shop uses shall be a maximum of 3,000 square feet in floor area. 5. The property owner shall implement and enforce a parking plan for customer and employee vehicles which minimizes conflicts during the peak parking times and discourages parking in residential areas. 6. Required bicycle parking shall be provided on-site. 7. If parking becomes an issue, the city reserves the right to deny occupancy of tenant spaces prior to the property owner resolving the parking issue. 8. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 9. In addition to other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 10. The variance shall be amended on March 19, 2025, to incorporate all of the preceding conditions with the amendment as shown to condition 2. Adopted by the Board of Zoning Appeals: March 19, 2025 Effective date: March 31, 2025 _______________________________ Mia Divecha, chair member ATTEST: ______________________________________ Gary Morrison, zoning administrator 13 Regular meeting of the Board of Zoning Appeals: March 19, 2025 (Item No. 1) Title: Request for amendment to Texa-Tonka parking variance – 8000 Minnetonka Blvd Market Floor Plan Existing floor plan Proposed floor plan 14 Regular meeting of the Board of Zoning Appeals: March 19, 2025 (Item No. 1) Title: Request for amendment to Texa-Tonka parking variance – 8000 Minnetonka Blvd Letters from neighborhood From Geena Brown <12geenab@gmail.com> Sent: Friday, March 7, 10:08 AM To: Marcus Hansen <mhansen@stlouisparkmn.gov> Subject: Variances application CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Marcus, I'm writing to express my support for the variance from Westside Market. Westside has been an amazing addition to the thriving Texa-Tonka area and an excellent neighbor. It's wonderful having a high-quality lunch option within walking distance and adding seating would make the market an even better experience. I appreciate the focus on local vendors that Westside has, via their sandwich ingredients, market offerings, and even providing pop-up space for up-and-coming local brands. For me and many others, the shopping center is walkable and bikeable, therefore I am not concerned about the parking needs. In addition, it looks like the parking study was done before the closure of Revival, which often drew lots of cars during peak meal times. We're lucky to have great food and shopping options at Texa-Tonka, and Westside Market is a key component of what makes the area great! Thank you, Geena Brown 3011 Texas Ave From: Wok In The Park <wokinthepark@gmail.com> Sent: Saturday, March 8, 2025 10:28 PM To: Marcus Hansen <mhansen@stlouisparkmn.gov> Subject: Variances application CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Marcus, I’m writing to support the variance that has been requested by Tom Schoenberger at 8016 Minnetonka blvd. I think it will be great for the area and am excited to see it happen! Thank you! Charis Fishbein Wok in the Park 3005 Utah Ave So Sent from my iPhone 15 5)A written explanation for each variance request as to how the proposed variance request complies with the criteria listed for granting a variance a) The effect of the proposed variance upon the health, safety and welfare of the community. Zero impact. We will operate within the established city guidelines and ordinances, providing a new place for sit down dining. b) The request is in harmony with the general purposes and intent of the zoning ordinance. Yes, our Market is already established in the neighborhood, and adding sit down dining enhances our offerings to the community. c) The request is consistent with the comprehensive plan. Yes d) The applicant establishes that there are practical difficulties in complying with the zoning ordinance. This means that: i) The proposed use is permitted in the zoning district in which the land is located. A variance can be requested for dimensional items. ii) The plight of the landowner is due to circumstances unique to the property and not created by the landowner. iii) The variance, if granted, will not alter the essential character of the locality. iv) Economic considerations alone do not constitute practical difficulties. v) Practical difficulties include inadequate access to direct sunlight for solar energy systems. We are currently zoned retail food with Take-out only sandwiches, we will need a variance to add a sit down dining restaurant e) There are circumstances unique to the shape, topography, water conditions or other physical conditions of the property. No f) The granting of the variance is necessary for the preservation and enjoyment of a substantial property right. g) The granting of the variance will not impair light and air to the surrounding properties, unreasonably increase congestion, increase the danger of fire, or endanger public safety. It will not h) The granting of the variance will not merely serve as a convenience but is necessary to alleviate a practical difficulty. Applicant response to variance criteria 16 Regular meeting of the Board of Zoning Appeals: March 19, 2025 (Item No. 1) Title: Request for amendment to Texa-Tonka parking variance – 8000 Minnetonka Blvd Planning commission: Study session Meeting date: March 19, 2025 Agenda item: 1. 1.Focused conversation reflecting on the zoning code update phase 1 Executive summary Title: Focused conversation reflecting on the zoning code update phase 1 Recommended action: Commissioners should come prepared to share your perspectives. Summary: The city council adopted the zoning code updates related to expanded housing options in the city on March 3, 2025, and the ordinance is expected to go into effect on March 28, 2025. The zoning code audit, preparation and review of the new code was a two-year effort. Some commissioners were part of that from start to finish. While others joined the conversation at various points along the way. Regardless of when commissioners were appointed, staff would like to take time to reflect on the effort and learn from commissioners’ experiences with the process and the ordinance. Staff will facilitate a focused conversation to mark the moment and to help us prepare for a consensus workshop currently planned for April 2, 2025 regarding the next phase of work. Prepared by: Sean Walther, planning manager/deputy community development director 17