Hello everyone. Before we begin the meeting, I want to offer a friendly reminder to all members, staff, and the public that these meetings are broadcast live to enable greater public participation. These broadcasts include real-time captioning as a further method to increase the accessibility of our proceedings to the community. Therefore, all speakers need to be mindful of the rate of their speech so that our captioners can fully capture and transcribe all comments for the broadcast. We ask all speakers to moderate the speed and clarity of their comments. So with that, good afternoon. This is the August 20th 2026 Zoning Board of Adjustment regular meeting. My name is Matt Perry and I'm chair of the board. I will now call this meeting to order and ask the clerk to call the roll so that we may verify the presence of quorum. >> Board member Callahan is absent. Board member Ikolt? >> Here. >> Board member Hutchens? >> Here. >> Board member Ingram? >> I. >> Board member Israel? >> Present. >> Board member Shannon? >> Here. >> Board member Samir Karva is absent. Vice Chair Wang is absent. Chair Perry? >> Here. >> There are six members present. >> We do have quorum. And with that, we'll proceed to our agenda, a copy of which was posted for public access to the city's legislative information management system available at lims. minneapolis.mn.gov. Is there a motion to approve this agenda? >> So moved. >> Is there a It's moved and seconded. Is there any discussion on the motion? Hearing none, all in favor of the motion indicate by saying I. >> I. >> I. Any against indicate by saying nay. Any abstentions? And with that the motion passes and the agenda is approved. I believe all the board members have seen a copy of the minutes from the August 6th, 2026 zoning board of adjustment meeting. Is there a motion to approve? >> So moved. >> Is there a second? >> Second. >> It's seconded. So we have a motion and a second. Is there any discussion on that motion? Hearing none. All in favor of the motion indicate by saying I. Any against indicate by saying nay. Any abstentions? If you weren't here last meeting you should abstain. And with that the motion passes. The minutes from the zoning board of adjustments August 6th, 2026 meeting are approved. Some general instructions. A reminder to applicants that if you're going to speak at the public hearing, please sign in on the sheet available from the clerk and speak clearly into the microphone. If you have not signed in you can do so on your way out. Also to applicants and others, please contact staff after the hearing with any questions regarding your projects. Let's review the agenda. I will read the agenda number and address of the project and state whether it's slated for consent, continuance, withdrawal, return, or discussion. We only have one item, land use item, on our agenda today. So it's a discussion item. I'll just talk a little bit about what these are. These are items from which the board will take public testimony, deliberate on, and make a decision. After the public testimony has been heard for each particular discussion item, I will close the public hearing for that agenda item. Once I close public hearing for an item, no additional public testimony will be taken, but staff may be asked to address board questions. After the public hearing for an item is closed, board members will then discuss and act on motions. And the chair only votes in the case of a tie. So, as I said, we have one uh land use uh request on our agenda. It's agenda item number four. It's 53 23rd Avenue Northeast, and this is a discussion item. And so, we don't have any consent items, so we can move right into that. And um before we start, I'll just say the way this works is the staff presents, then the applicant speaks. You have up to 10 minutes. There's a timer. Um anybody who would like to speak in favor, other than the applicant, gets 2 minutes. And then anybody who would like to speak against gets 2 minutes each. And then we close the public hearing, and then the board, as I said, discusses and uh votes on motions. So, with that, um let's go. And it's um Ms. Oluga. >> Cody. >> Yes. Good afternoon, Chair Perry, board members. The application before you at 53 23rd Avenue Northeast is for a um interior side setback. Um you've seen this application before. The garage is set to the front of the principal structure, and we approved a variance last year, July, um for its location. Since then, the applicant is proposing to um reduce the interior side setback from the required 5 ft to 1 ft at the north lot line. Um And so, in evaluating this request, we find that it does not that the property presents the property does not present unique circumstances that create a practical difficulty in complying with the ordinance for the setback. Um they're in proposing to increase the size of the existing nonconformity. So, the existing garage before teardown is set to 1 ft from the property line. Um However, in increasing the size of the garage, the applicant would be increasing the nonconformity conformity if he leaves it at the same setback. So, we require the 5-ft setback for the new garage. Um so, we find that the applicant is proposing this. Um so, the set circumstances that's necessitating the variance is being created by the proposed expansion. Um staff finds that the proposed use is reasonable and consistent with the spirit and intent of the ordinance. Although the proposed 1-ft setback does not meet the zoning requirement, the adjacent property is set 26 ft from the shared property line. Staff therefore finds that the proposal would not significantly significantly impact the light, air, or open space of the adjoining property. So, this finding is met. Um staff finds that the proposed variance would not alter the essential character of the neighborhood or be injurious to surrounding properties. The garage would generally maintain the existing garage's location and orientation. And they are keeping the existing curb cut and driveway, um which will continue to serve the new garage. That's this finding is met. So, only because we could not find for all three findings, staff recommends denial of the variance to reduce the required interior side yard from 5 ft to 1 ft. And with that, I'll stand for questions. >> Thanks for the presentation. Uh any questions of staff? Yeah. >> Thanks for the presentation. Uh this is more for my education more than anything, but uh since they're going after a new garage, that wouldn't uh carry the non-conforming rights. What's the rule about the curb cut existing when they have an alley? Now that they lose Do they lose the curb cut? >> Uh they're uh uh exception? >> No, with the they do not lose the curb cut exception in this particular case. Um because the garage is still being oriented >> Okay. >> Um towards 23rd Avenue Northeast. >> Okay. >> They can keep their curb cut. >> Okay. Well, and then uh would you educate me on the old application? Was the old application that we Did we pass it on consent? Do you know offhand? >> It was on consent. >> Was it the same size and now we're just upscaling it? That's the only difference? >> So, it was the same size as what's being proposed. Um the difference is at the time of the application last year, um all of the other zoning requirements, except for being placed in front of the principal structure, were met. Since then, the applicant has had some changes to design and things like that, and as I think presented in the paperwork, there's a sewer line that runs through the property. >> Mhm. >> And the applicant is concerned about replacing that sewer line. If there's a garage on top of the sewer line, you know, it's additional expense and more work. So, since last year he's proposing to move the new garage to the existing garages setback versus the 5 ft that we require. >> But the old application was for the same size garages we're looking at today. >> Yes. >> Okay. Thank you. Appreciate it. >> Mhm. >> Any other questions of staff? I don't see any. Thank you very much. I will now open the public hearing and I understand the applicant has a representative. If you could come forward and give your name and address. And as I said, you'll get 10 minutes to present. Um we we have you can assume we've read the packet. Um >> Is that where it's supposed to be? >> Uh we can't see what you have. >> Oh, it's over here. Thank you. Thank you. >> Okay, now we can. All right. Great. >> Okay. Um good evening. Thank you for taking time to hear Matt's case. I am Timothy Kramer. I live at 229 22nd Avenue Northeast in the lovely uh neighborhood of Botno. I first met Matt Ruby 20 years ago serving on the Botno Neighborhood Association board. Um he and I maintained a good friendship ever since. Um I'm going to read you to start what Matt wanted to say. Um and then I will just add to that. Um good evening, members of the board. I'm asking for a side setback variance from 5 ft to 1 ft to replace a 75-year-old garage on its existing footprint. I want to clarify that is not about convenience or cost. It is about physical site safety and lot geometry. Directly beneath the 5-ft setback zone lies my home's 100-year-old clay sewer main running heavy construction equipment and digging deep fittings directly over century-old clay sewer line creates an immediate risk of collapse and renders any future maintenance or repairs virtually impossible. Further, any irregular corner Further, as an irregular corner lot facing 23rd Avenue, the Grand Street setback rule applies awkwardly what is principally my side yard. His neighbor's garage sits 1 ft off that same property line and is connected by a fence. Granting this 1-ft variance preserves a 50-year neighborhood development pattern, protects critical infrastructure, and keeps the property looking clean and uniform. Thank you for your time. Okay. Um Matt has 27 neighbors who've all signed off on this variance request, including the neighbor who he uh is directly to the north, the actual neighbor to the direct north of him, whose garage is 1 ft off of this line. When we look at the property line, here's the existing garage. And here is the curb cut. So, when we've used this curb cut to access that garage, um that's how you got to the garage. What I want to point out here is this existing house. This is the front yard. This is the front address. This is the front curb cut. This is the front yard. The rules of that apply for a 5-ft setback are being applied as if this is the front yard. It's the backyard. The rule has been misapplied. So, let's magically take this house, pick it up, transport it over here, rotate it 90°, and it'll be in front with the existing house on the same parallel as all of the other houses on Grand Avenue. The footprint of that house would still not get to where his new garage is. That's how far back this is. That's how awkward this side yard is. Because it's not a front yard. His front yard is small. It's right over here. This rule that's being applied should not be applied in this case. So, in my prepared remarks, the front yard is the area between the house and the street. This house belonged to Matt's grandfather and has been in his in his family for 75 years. It has always faced 23rd Street. It's postal address is 23rd Street. It's curb cut is 23rd Street. The only reasonable interpretation of the definition of a front yard, the area between the house and the street, the only reasonable interpretation of what a front yard is in this case is here, along 23rd, not Grand Avenue. We agree that it's an irregular spot, and that why it deserves a second look, and we are happy to have you have a second look, and we're happy to meet these concerns that the the board might have. The purpose of this meeting is to make sure that the code is followed in a way that enhances visual consistency in the neighborhood, preserves the neighborhood character, and maintains property values. Matt Ruby's design meets all of those requirements. He's not building some grandiose garage. He's merely replacing a 75-year-old dilapidated one-car garage with a modern two-stall garage with a very similar feel. A 5-yard a 5-ft setback would impede his use of the driveway, safety for those vehicles, and create a 5-yard dead zone between him and his neighbor. The neighbor already has his garage 1 ft from that existing property line. A 1-ft variance in this backyard, if I may, makes sense because it's not a front yard. And that rule should not apply. I appreciate your time, and I hope you find in Matt's favor because he's been a valuable member of the community, a stalwart of the Botno Neighborhood Association, and he does care deeply about this neighborhood. So, thank you for taking the extra time. I appreciate the second look that you've given this project. I appreciate your time. >> Sure. There might be questions. >> Yeah, any questions? >> Any questions? Yeah. >> Yes. >> Uh thanks for your presentation. Uh if you could pull back that that back up. Can you point out where the sewer line would be? >> Um it is uh Matt and I visited about this the other It is roughly from this mark through that mark to the street. >> Okay, thank you. Um, I I have a question. >> Yes, sir. >> What I did not um staff may be able to help out. I Can I again uh be told what we approved on consent last year that you were or that Matt was trying to uh >> I I I I don't know if I can answer that question. Maybe staff can, but um um I I know that it was it was um um uh he had thought about making some changes and then when he went to come back and and visit some changes and then he started having some sticky wickets. So, I don't I don't know exactly um the the all for that. I'm sorry. >> Okay. I I'm just curious about that. >> Mhm. >> It certainly would make a difference in my mind >> Mhm. >> of whether we approve it or not. >> My my my my my impression is that this is virtually the same as to what was consent approved last year. >> Uh. >> Virtually. >> All right. Do you Do you have a Staff may be able to step in here for a minute. >> Yeah. >> If you don't mind leaving that, we'll just use this. So, last year's application addressed the fact that although the address is on 23rd Avenue, yes, the driveway is on 23rd Avenue, this property's front is actually on Grand Street. Um, it's platted towards Grand >> Yeah. >> and thus this whole section is the front yard. So, in this case, the garage, which is an accessory structure, was in front of the principal dwelling, which is against zoning code. So, we brought the project before you last year to allow him to just have a garage in the place that where it is, essentially. >> Got it. >> Um and of course he was, you know, making a larger garage, as well. So, now we're talking strictly about the setback. The location of the garage closer to the north side property line versus the 5 ft that we require. He wants to put it back where it is where the existing is. He wants to build where the existing is off the property line. >> But bigger. >> But bigger, right. Cuz if he built the exact same thing in the same location, we would not be before you. >> I Okay. Thank you. Any other questions? Yes. >> [snorts] >> Um and it's for staff. So, if he built the same garage in the same place, it would be 1 ft off the property line, correct? >> Correct. >> And then my second question is, you're saying it's platted for Grand Street, but yet the address is 23rd Avenue Northeast, right? >> Yes, addressing and platting are different. >> Is Is it a long explanation? >> [laughter] >> If it is, don't worry about it. I just >> Um and I I do apologize. I did not bring >> Okay. I withdraw question. Withdraw question. Withdraw. Thank you. >> Are there any other questions of either uh Mr. Kramer or Ms. Olukoga? >> One last one. >> Yep. >> Uh you may not be able to speak to this, but just uh as the applicant's representative, why not shrink the garage depth 1 ft to alleviate the issue of covering up the sewer line? Cuz the contention is that the sewer line will be covered by the foundation of the garage. Why not uh just decrease the depth? >> Um >> So that it doesn't matter. >> So So the size of the garage um it is is is not the deciding factor. The The It's the 5-ft setback that pushes the garage 4 ft towards 23rd St or from 1 ft to 5 ft. So it pushes the garage 4 ft closer to 23rd St. That is what is causing the um over of the sewer effect. The sewer's uh is not over The garage is is north of the sewer now. And if you um uh apply the 5-ft setback, it pushes the garage as designed over on top of the sewer. Whereas if it's at the 1 ft it doesn't reach that far. >> Yeah, I would agree. So then why not I mean it's a 24-ft depth garage now. Why not knock it down to 22-ft depth so that it doesn't touch the sewer line? That's the question. So that it doesn't bury the sewer line. >> Um I I I don't know. He He He does have a very uh He does have a large truck. Um that might be one of the reasons why he needs that that that length. I I I I can't answer the question as to what his design parameters were on that. >> Okay. Thanks. >> Thank you for the question. >> Yeah, and I'll just say um regardless of the outcome, the variance goes with the land, not with the person. So let's say he had a larger truck that he was trying to make sure he had a garage that he could get his truck into. >> Right. >> Um And the next owner of the property would still have this variance, but >> Right. >> not the same reason anymore. So that that's when you hear us thinking like that. That's That's the reason why. >> Well, I just uh you know, I I I I I think that uh the existing structure um and the modifications to the in the existing structure don't warrant the change in direction of the property from the existing 23rd Street address and curb cut to this platting that was done 100 years ago um to pick it for phase Grand Avenue that has not been in effect on this property. >> Mhm. Yeah, I I I think uh that message was conveyed well. >> Any other questions? >> I don't see any. So, >> for your time. >> Yep, thank you. Thanks for coming down. >> Mhm. >> Um there's no one else here. So, I'm going to close the public hearing. Board comment or motions? >> Um if um >> Yes. >> before a motion, I just wanted to note that the it seems that so the current in order to stay in compliance, it would be a a one-car garage which is essentially obsolete in this day and age and the plat versus city address um I I don't I don't find it compelling to deny the or to not approve the the um plans as submitted. So, I just wanted to say that first >> Mhm. >> and then see if um fellow board members have any comments on that before making a motion. >> Sure, thanks for those comments. Anybody else? You have? >> Yeah, I got just uh I think we run into the problem all the time. Uh the corner lots >> Mhm. >> facing the wrong direction quote unquote wrong direction. I wish the city down the road would come up with some language to give us framework to move this through a little smarter, faster, and not make the applicants go through all this. I would echo all my fellow board members' comments that I think the location of the house and the platting is a difficulty. Uh that wasn't enough to move me, but I would say the sewer utility location in my opinion that I would make a motion if we want to >> Sure. >> Go for I'll make a motion to notwithstanding of staff findings uh just for I think it was just the first finding I had to find for, right? I think two and three are good. So, first finding I would say due to the location of the house uh age of the house, location of the house in the back say 20% of the property as well as the sewer line utility location having to go to Grand versus being allowed to go to uh 23rd I would approve the variance. >> Okay. Can I just make a suggestion is that you include the fact that it is the old clay line main lines which are very easily damaged with any kind of work. >> Yep, absolutely due to the sewer lines location and material type. >> Okay, great. Is there a second? >> Second. >> It's moved and seconded. Any further discussion on the motion? I don't hear any. So, will the clerk please call the roll? >> Board member Eykhholt. >> Aye. >> Board member Hutchins. >> Aye. >> Board member Ingram. >> Aye. >> Board member Israel. >> Aye. >> Board member Shannon. >> Aye. >> There are five ayes. >> So, that motion passes and your friend's um variance is approved. Uh wish him good luck and uh thanks for coming down. Yep. So, Mr. Ellis, are there any updates? I think we're under that. No. Uh how about um the open appointment process? >> Uh Chair Perry, members of the board, yes, the uh uh the the application for the board and other bodies, but primarily for the board is what we're interested in, is still open and will be open till the end of the month. So, we encourage anybody to apply. Also, if you're interested in reapplying, please do so. Yep. Great. Okay. >> Do we have an empty seat? >> Yes, that's my question. >> Uh no. >> Are any of us up that we should be applying to reapply? >> [laughter] >> I'm up. >> Okay. >> Derek is up and Taylor is up. >> Okay. >> So, with that, are there any other items that members have before us that would they'd like to bring up? Seeing none, I think I'll we have completed all our items on the agenda for this meeting, and I would entertain one other thing, our next meeting is September 10th, 2026, and I would entertain a motion to adjourn. >> So moved. >> Second. >> All in favor, indicate by saying I. We are adjourned. >> Mhm.