bza-minutes-aug-22-23REGULAR MEETING MINUTES
This meeting was conducted in a hybrid format with in‐person and remote options for attending,
participating, and commenting. The City used Webex to conduct this meeting and members of the public
were able to monitor the meeting and provide comment by calling in.
Call to Order
The meeting was called to order at 7 pm and the land acknowledgement was read by Chair Carlson.
Roll Call
Members present: Chris Carlson, Elizabeth Greiter, Richard Orenstein, Chuck Segelbaum –
Planning Commissioner
Members absent: Nancy Nelson
Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner, Lia Siro –
Planning Intern
Approval of Agenda
Chair Carlson noted that the listed applicants will be rearranged to accommodate an online attendee in
another country.
MOTION made by Commissioner Segelbaum, seconded by Orenstein to approve the agenda of August
22, 2023, as submitted.
Motion carried.
Approval of Minutes
MOTION made by Orenstein, seconded by Chair Carlson to approve the July 25, 2023 meeting minutes.
Motion carried.
1.Address: 617 Westwood Drive S
Applicant: Traci Toomey & Frank Beeck
Request: A variance of 6” off the required 25’ to a total distance of 24’6” from the rear property line
for a home addition.
Myles Campbell, Planner, noted the location in the City, the neighborhood, and the angles of the lot.
The location has two variances; one brought the home into conformity and another for a 2‐car
garage. Staff displayed the site plan from the second variance, setbacks, and existing conditions. Staff
displayed and explained the site plan proposed for the porch.
Practical Difficulties
The proposed reduction in setback is minor, being less than a foot, and the addition is in line
with the existing rear façade. The area already has a patio today so the addition is not
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creating any new impacts in terms of outdoor living space. Staff does find this request
reasonable.
The home’s original footprint and angled orientation to its property lines creates challenges
with a conforming addition. Staff believe the site does exhibit unique circumstances.
The addition would not be visible from the street and the design considers the existing
home’s façade. Many other homes in the surrounding area also have non‐conforming
setbacks due to their early construction in the 1940’s. Staff believes the proposed use would
not alter the essential character of the area.
Other Considerations
Staff assesses whether the request represents the smallest feasible variance or if there are other
options available:
Maintaining the existing patio is an option but without the benefits of a roof or ability to
enclose the outdoor space
Recommendations
Staff recommends approval of a variance of 6” off the required 25’ to a total distance of 24’6” from a
rear property line for a home addition.
Commissioner Segelbaum reviewed the apron, overhang, and eaves in the plan. He asked if the
apron and step grade were relevant to the request. Staff stated that they’re looking at the area with
the structure, specifically. The zoning code allows roof eaves to extend into the setbacks and 25sq
feet of stairs to exceed the setback requirement. Staff clarified further exceptions to the setback
requirement. Segelbaum noted the step extension and potential future confusion and asked staff if
there was a way to clarify approval to ensure the applicants maintain compliance in the future. Staff
clarified approvals are limited to the plan as approved.
Chair Carlson invited the applicant to speak.
Traci Toomey & Frank Beeck, applicants, discussed the plan to align with the previous additions.
They discussed the character of the home and the importance to maintain the harmony of the
architecture. The applicants contacted the neighbors and have received approval from all of them on
the design.
Chair Carlson opened the public hearing 7:18pm.
There were no in person comments
There were no online/remote comments.
Chair Carlson closed the hearing at 7:20pm.
Chair Carlson opened the Board discussion.
Orenstein noted the criteria was met and staff analysis shows that. Chair Carlson echoed this statement
and added he agrees with staff assessment. Commissioner Segelbaum noted the enhancement the
request will provide and acknowledged the minimal variance requested. The request appears to be due
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to the relative property line and not a hardship caused by the homeowner. He added he agrees with the
staff assessment.
MOTION made by Chair Carlson, seconded by Orenstein to adopt staff findings and approve the
variance of 6” off the required 25’ to a total distance of 24’6” from a rear property line for a home
addition.
Motion carried
2. Address: 1000 Tyrol Trail
Applicant: Mike Huhn
Requests: A variance of 2.22’ off the required 35’ to a total distance of 32.78’ from the front
property line for an attached garage.
Lia Siro, Planning Intern, introduced the applicant’s request and added the goal is to allow the
property owner to expand an existing attached garage. Staff noted the property location in the City
as well as provided a background history on the property and home. There is an existing two‐car
attached garage and currently a 6.5‐foot clearance at the garage door opening and a 5.6 foot
clearance at the end of the garage door tracks. The existing principal structure above the garage is
supporting the home’s structural integrity. Staff pointed out the topography at the north property
line (approximately a 14‐foot slope).
Practical Difficulties
Given the topography at the north lot line and the size of the existing garage, which would be
viewed as insufficient by today’s standards and the principal structure currently above the
attached garage, staff believes it is reasonable to construct an expanded attached garage. The
garage expansion is reasonably scaled to what applicants are trying to achieve, the overall
encroachment into the setback is minor. Overall staff finds this request reasonable.
The lot’s curved front property line and topography causing a sloped driveway creates a
unique circumstance not created by the owner in regards to future additions. Staff believe
the site does exhibit unique circumstances.
The garage addition will be closer to the front property line with more visibility from Tyrol
Trail and is being completed by‐right. A number of properties along Tyrol Trail have two‐car
garages that are located as an addition onto or under the principal structure. Staff believes
that the requested variances will not alter the essential character of the neighborhood and
city.
Other Considerations
Staff assesses whether the request represents the smallest feasible variance or if there are other
options available:
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Existing garage currently sits within the 35’ setback. The garage is insufficient by today’s
standards and needs to be replaced, which could be done without a variance, but would not
address the height challenges and safety concerns present.
Applicant could meet 35’ setback by demolishing existing structure but this would significantly
increase the budget and labor of the project as it would require removing the existing case‐in‐
place structure of the garage that supports the home above.
Recommendations
Based on the factors above, staff recommends approval of the variance request for 2.22’ off the
required 35’ to a total distance of 32.78’ from the front property line for an accessory addition.
Staff and members discussed the lot line, front setback, and clearance on the current garage
opening. The new garage with have a depth of over 23ft and Commissioner Segelbaum asked how
that number came to pass. Staff responded that 23.8” is standard but 24” is ideal and the depth
allows for parking and an additional foot or so for storage and space to exit the vehicle while parked.
The existing garage columns will also limit the ability to expand beyond that.
Chair Carlson invited the applicant to speak.
Jack Bertram, architect for applicant, stated that the previous architect used a cast in place beam
which limits any future modifications without completely removing the existing structure. Through
extensive design, the current proposal came about so the existing garage could be used, the owner
would gain ceiling height, and the garage would remain in line with the deck (also cast in place). The
goal was to use as much of the existing garage as possible without altering the look or feel of the
home. The addition of the garage does allow the deck above to be expanded and the applicant
believes this increases curb appeal.
The conversation continued around garage height, door opening, and potential future needs.
Chair Carlson opened the public hearing 7:43pm.
There were no in person comments.
Remote callers were invited to speak.
Debbie Chmielewski
1001 Tyrol Trail
I reside across the street and our home faces the home seeking the variance. My husband and I do not
object to this request and we see value in allowing them to extend the garage and above porch.
Chair Carlson closed the hearing at 7:45pm.
Chair Carlson opened the Board discussion.
Greiter commented that the request makes sense and supports staff analysis. Commissioner
Segelbaum commented that the two‐car garage request, even in the front yard setback, is often
granted. He went on to note the practical difficulties and is in favor of granting the request.
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MOTION made by Chair Carlson, seconded by Commissioner Segelbaum to adopt staff findings and
approve the variance of 2.22’ off the required 35’ to a total distance of 32.78’ from the front
property line for an attached garage as described in the plan.
Motion carried
There was not a Council update.
3.Adjournment
MOTION made by Orenstein, seconded by Chair Carlson and the motion carried unanimously to
adjourn the meeting at 7:48 pm.
Motion carried.
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Chris Carlson, Chair
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Amie Kolesar, Planning Assistant