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MINUTES <br /> OF THE REGULAR MEETING OF THE <br /> EDINA CITY COUNCIL <br /> HELD AT CITY HALL <br /> JANUARY 20, 2009 <br /> 7:06 P.M. <br /> ROLLCALL Answering rollcall were Members Bennett, Brindle, Housh, Swenson and Mayor Hovland. <br /> CONSENT AGENDA ITEMS APPROVED Motion made by Member Bennett and seconded by <br /> Member Housh approving the Council Consent Agenda with the exception of Item 5.C., <br /> Resolution No. 2009-12, Calling Public Hearing for Vacation of a Portion of Belmore Lane <br /> (02/17109). <br /> Rollcall: <br /> Ayes: Bennett, Brindle, Housh, Swenson, Hovland <br /> Motion carried. <br /> *MINUTES - REGULAR MEETING OF JANUARY 6 2009 AND WORK SESSION OF JANUARY 6, <br /> 2009, APPROVED Motion made by Member Bennett and seconded by Member Housh <br /> approving the minutes of the Regular Meeting of January 6, 2009, and Work Session of <br /> January 6, 2009. <br /> Motion carried on rollcall vote —five ayes. <br /> PUBLIC HEARING HELD ON APPEAL OF VARIANCE DENIAL — 5349 KELLOGG AVENUE — <br /> VARIANCE GRANTED DECISION OF ZONING BOARD OVERTURNED Affidavits of Notice <br /> presented and ordered placed on file. <br /> Assistant Planner Presentation <br /> Assistant Planner Aaker presented the appeal of Alyssa and Jon Hammar to the Zoning Board's <br /> denial of their .9-foot side yard setback variance and a 219 square-foot lot coverage variance. She <br /> displayed a map depicting the location of the home, presented exterior elevations, and a survey <br /> illustrating the building footprint and area of the proposed addition to the kitchen area, resulting in the <br /> need for the two variances. Ms. Aaker stated the maximum coverage allowed for the lot was 2,250 <br /> square feet. The existing structures cover 2,292 square feet, approximately 42 square feet over the <br /> allowed maximum. The proposed addition would increase the lot coverage to 2,511 square feet, or <br /> 261 square feet over the maximum allowed. The Zoning Board unanimously supported approval of <br /> the side yard variance but not all supported the lot coverage variance. Ms. Aaker advised that since <br /> two voted in support and two voted against, the variances were denied since there was not a majority <br /> to carry the motion. In response to Council's questions, Ms. Aaker explained how lot coverage was <br /> calculated and described the two tiers of consideration based on property size. It was noted the <br /> current kitchen was small and the interior size could not be increased because of the stairway location <br /> that accessed the downstairs. <br /> Proponent Presentation <br /> Jon Hammar, applicant, stated that the Zoning Board was short one member the night their variance <br /> was considered, resulting in a two-two tied vote. He explained their galley kitchen was 9 by 15 feet <br /> and not large enough to serve their growing family of five. As mentioned, it cannot be expanded into <br /> the interior of the home due to the location of stairway and a hallway that exits the home. Mr. <br /> Hammar described the home renovation completed by the previous owner that incorporated a <br /> decorative portico that was not suitable for living or storage. He explained their consideration to <br /> create additional bedrooms as a second story but instead decided to save the front fagade and <br /> portico. He stated the variance process was available to be a "safety valve" to consider unique <br /> situations. He believed their requested variances, if granted, would not alter the essential character of <br /> the property or its surroundings since it would maintain a modest single-family home in a similar <br /> neighborhood. The proposed kitchen would tuck into an existing notch in the back wall of the home <br /> and be barely visible to neighboring homes. Mr. Hammar commented on the nearby larger-sized <br /> Page 1 <br />