HomeMy WebLinkAbout1992 04-02 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE
EDINA BOARD OF APPEALS AND ADJUSTMENTS
HELD ON THURSDAY, APRIL 2, 1992, 5:30 P.M.
EDINA CITY HALL MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Chairman John Palmer, Rose Mary Utne, Len
Olson, Lee Johnson, and Nan Faust
STAFF PRESENT: Kris Aaker.
Joyce Repya
Jackie Hoogenakker
*Note: Items were taken out of order.
I. APPROVAL OF THE MINUTES:
Mrs. Faust moved approval of the February 6, 1992, meeting
minutes. Mr. Johnson seconded the motion. All voted aye; motion
carried.
II. NEW BUSINESS:
B-92-11 Ena and David Carroll
4607 Casco Avenue
Edina, MN 55424
Lot 34, Block 9, Country Club Fairway Section
Request: A 3.3 foot sideyard setback variance for building
height.
Ms. Aaker informed the Board the subject property is a grey
two story colonial home with wood shake siding and white trim. The
home is located on a narrow 50 foot wide lot on the east side of
Casco. Ms. Aaker explained the homeowners are requesting a 3.3
foot sideyard setback variance to allow a small 9' X 6.71(60.3 sq.
ft.) addition to the northeast corner of the home. The current
setback provided on the north side is 4.811. The height of the
proposed addition is approximately 21.8' including the grade change
along the north building wall. The zoning ordinance requires a
minimum 5 foot sideyard setback plus an additional six inches for
every one foot average the building height of the new addition
exceed 15 feet. All of this translates into a 3.3 foot sideyard
setback variance requirement.
Ms. Aaker concluded that staff supports the request for a 3.3
foot sideyard setback variance as presented based on the following
findings:
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1. The addition will maintain the existing non -conforming
setback.
2. Similar requests have been approved by the board in the
past.
3. The additional building mass will be "filling in" the
northeast corner of the house and will not change the
balance and scale of the home to a significant degree.
4. Neighbors impacted support the request.
5. Use of matching materials to the existing home.
Mr. Johnson told board members he usually has a concern
whenever a variance for height is required. He said in this
instance he has no problem because the request is minimal and
squares off the corner of the house.
Resident, Mara Ingwalson of Arden Avenue told the board in her
opinion any reconstruction should stay within the present
guidelines.
Mr. Palmer said he believes the City of Edina has been very
careful on what is approved to ensure that standards are
maintained.
Mrs. Faust moved variance approval subject to staff conditions
and noting that the addition is very unoffensive and squares off
the corner of the house. Mr. Olson seconded the motion. All voted
aye; motion carried.
B-92-13 John and Jane Houlihan
7719 Marth Court
Lot 2, Block 2, Evanson Addition
Request: A 1.5 foot sideyard setback variance
Ms. Aaker informed the board the subject property is a single
family 1 and 3/4 story country french home built in 1988 and
located on the east side of Marth Court. The proponents are hoping
to add a new 6' X 9" wide, 17" deep, projecting Marvin bay window
to the south side of their porch/family room. The board should
note that the house was built at the minimum 10 foot south side
yard setback for all living areas. The proposed projecting bay
window however, would be located 8.5' from the south sideyard
property boundary. A 1.5 foot variance therefor, is required for
anything projecting into the required 10 foot setback.
Ms. Aaker concluded the variance is very minimal and.would
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accommodate the needs of the applicant. It also will have limited
if any impact on adjacent properties. Staff supports the request
as submitted.
Mr. Houlihan addressed the board informing them the addition
of a bay window would have little impact on neighboring property
owners, and the variance request is minimal.
Mrs. Faust questioned the kind of support the proposed bay
window would have. Mr. Houlihan said the bay window would be
cantilevered.
Mr. Olson moved variance approval subject to matching
materials. Mr. Johnson seconded the motion. All voted aye; motion
carried.
B-92-12 Mr. Ren Heroux
5508 Knoll Drive
Lot 9, Block 100 Block 10, Parkwood Knolls
Request: Variance from Ordinance No. 825, Section 1, of
Paragraph F of Section 11 for square footage of
accessory structure estimated a 440 square feet
over the maximum allowable 1,000 square feet.
Ms. Aaker told the board the subject site is the location of
an existing single family rambler with an attached tuck -under thee
stall garage. The variance request concerns a new 1440 square foot
detached accessory garage that is currently under construction and
is located northwest of the home. The garage has been built into
a hill and offers lower level walk out storage underneath car
storage bays. The garage conforms to all requirements of the
zoning ordinance with respect to setback, lot coverage and height,
however, Ordinance 825, Section 11, pertaining to all accessory
buildings and structures in the R-1 district was amended in mid
July of 1991 and included a provision that "the combined area
occupied by all accessory buildings and structures, excluding
attached garages shall not exceed 1000 square feet." Building
plans illustrate that the garage footprint is approximately 1440
square feet in area and that the concept was approved by the
building department with a permit issued in early October of 1991
to allow construction. Ms. Aaker pointed out the subject garage is
approximately 440 square feet over the amended 1,000 square foot
maximum now allowed.
Ms. Aaker concluded staff recommends approval of the variance,
however, would suggest that the applicant implement a landscape
plan along the northwest property boundary to provide screening for
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the neighbors and reduce run off and soil erosion that has already
begun to occur.
The proponents, Mr. and Mrs. Heroux were present. Their
attorney, Mark Kelly was present. Interested neighbors were
present.
Mr. Palmer noted that the situation the board is in this
evening is somewhat unusual since a variance is being requested
after construction has occurred resulting from an error on the part
of city staff.
Mr. L. Johnson agreed with Mr. Palmer, and suggested after
reviewing the plans that additional landscaping should be added to
soften the impact of the structure. The additional landscaping
should be added as a condition if approved.
Mr. Kelly introduced himself, and explained to the board when
his client decided to construct the garage he contracted with a
builder who then came to the city to apply for a permit. He
pointed out the City of Edina approved the permit, and construction
on the garage commenced. Mr. Kelly said he believes the city
received a complaint regarding the size of the garage as it was
being constructed, and then issued a stop work order. Mr. Kelly
concluded that Mr. Heroux was very surprised that work was
officially stopped by the city because he had an official permit in
hand for the garage.
Mrs. Faust asked Mr. Heroux when the garage is finished the
color he plans to paint it. Mr. Heroux said at this time he has
not determined a color.
Mr. L. Johnson asked Mr. Heroux how he plans to access the
lower level of the garage. Mrs. Faust interjected, and questioned
how many driveways are on the site at present. She added when she
viewed the site she said there appeared to be at least four
driveways.
- Mr. Heroux said there is only one driveway on site. He added
it may appear there is more due to construction. Mr. Heroux in
response to Mr. Johnson's question stated the existing driveway
would be extended to access the lower level of the garage.
Mrs. Faust said she wants to ensure there remains only one driveway
into the site.
Mrs. Beverly Ekola, resident on South Knoll Drive told the
board that Mr. and Mrs. Heroux have been excellent neighbors who
have taken great care of their property. She stated she finds
nothing offensive about the garage, and asked the board to support
the Heroux's request for a variance.
Mr. Johnson questioned Mr. Heroux on the reason the siding
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does not extend on the lower level. Mr. Heroux explained the
reason the garage is not completed is due to the stop work order
that was issued by the city, as a result the work stopped.
Mrs. Faust suggested that landscaping be implemented on site
to soften the effect of the garage. Continuing, Mrs. Faust said
she believes the Heroux's should submit a landscaping plan to staff
for approval. This will soften the impact of the garage from the
near neighbors, the Cooks. Mr. Heroux said the reason the Cook
residence.can see the garage is because they removed a considerable
amount of landscaping on their property. He said if they would not
have removed this landscaping the impact of the garage would be
lessened. Mr. Heroux asked the board what would be required on a
landscaping plan. He added he enjoys gardening and has the desire
to install the plantings himself. Mr. Palmer said Mr. Heroux could
design a plan himself or hire a landscape architect. Mr. Palmer
added you would then submit your plan for staff approval. Mr.
Palmer said in his opinion the board is flexible, and if Mr. Heroux
wants to install the vegetation himself that would be fine.
A discussion ensued on the issues of landscaping and extending
the building materials on the lower level.
Mr. L. Johnson said he would be willing to move approval if
Mr. Heroux is willing to side the concrete block on the exposed
elevation and add additional landscaping.
Mr. Johnson moved approval subject to staff conditions and the
condition that the exposed lower level be sided with similar
materials as the rest of the building, and that a landscaping plan
be submitted and reviewed by staff. Mrs. Faust seconded the
motion. All voted aye; motion carried. Chairman Palmer noted that
it is required of almost all variances that materials match the
existing structure.
B-92-14: Bruce and Laura Zimmerman
4609 Bruce Avenue
Lot 30, Block 10, Country Club Addition
Request: A 2.25 foot sideyard setback variance, a 2 foot
south sideyard setback variance and a .25 foot
north sideyard setback variance for a deck.
Ms. Aaker presented her staff report noting the subject
property is a two story colonial home. The home is located on a
narrow 50 foot wide lot on the east side of Bruce Avenue.
Ms. Aaker reported the homeowners are proposing to convert the
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existing side loading garage located in the rear yard into a
dinette, half bath, mudroom with laundry facilities and a family
room. Ms. Aaker added the applicants are also proposing to add a
master suite with bathroom and a storage area above the converted
garage. Continuing, Ms. Aaker said the proponents would like to
add an 18 x 20 foot attached garage south of the existing garage
and a 12 x 20 foot deck in back of the proposed new family room.
Ms. Aaker concluded staff believes the proposed addition would
be a logical extension of the home based "on the following findings:
1) The north setback of the home is currently non -conforming.
2) The garage structure to be converted is an existing
structure producing less visual impact than the introduction
of a completely new structure in the rear yard.
3) The second story master bedroom seems to be a logical
extension of the existing floor plan.
4) The proposed new attached garage arrangement would allow
the preservation of an oak tree.
5) The attached garage has been reduced in size from
original plans in order to be more conforming to ordinance
requirements.
6) The new south facing garage wall angles away from the
south property boundary so only the southwest corner of the
garage will be three feet from the south lot line.
7) Adjacent neighbors support the variance.
8) Similar variances have been approved in the past for
properties along Bruce, Casco, and Arden in the Country Club
district.
The proponents Mr. and Mrs. Zimmerman were present.
Interested neighbors were present.
Chairman Palmer asked Ms. Repya to comment on the proposal as
presented.
Ms. Repya told the Board from an historical standpoint the
Heritage Preservation Board (HPB) has a concern regarding the front
loading garage. Continuing, Ms. Repya reported that the majority
of homes within the Country Club District have side. loading
garages, not visible from the front street. Ms. Repya stated
maintaining the integrity of the streetscape of the Country Club is
very important, and front loading garages are in the minority
within this historical district. Ms. Repya said regarding other
aspects of the proposal the HPB has no comment. Ms. Repya
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reiterated the concern of the HPB would be with the proposed front
loading garage.
Mr. Zimmerman addressed the Board explaining that his growing
family loves their home, their neighborhood, and desire to stay.
Mr. Zimmerman said in their immediate neighborhood there are a
number of front loading garages. He pointed out his proposed
garage will be angled, and not directly facing the street..
Continuing, Mr. Zimmerman said the proposal as presented affords
this property open space, and saves a very old Burl Oak tree they
believe is around two hundred years old. Mr. Zimmerman indicated
all materials will match the existing structure, and the proposed
design maintains the character and symmetry of the home. Mr.
Zimmerman concluded that it is his belief that the proposal has
been done with sensitivity, and is best suited to the neighborhood
on the whole.
Mr. Johnson addressed the Board indicating he cannot support
the request as presented. Mr. Johnson expressed concern over the
resulting building mass. He pointed out there will be 52 feet of
building wall, and in his opinion, sideyard setbacks are very
important to maintain. Continuing, Mr. Johnson said he feels our
requirements for sideyard setbacks are not adequate when addressing
a two story home on such a small lot. Mr. Johnson suggested there
may be other options available on redesigning the home, and pointed
out a change in roof lines, possibly incorporating a hip roof could
minimize the impact. Mr. Johnson said he understands their desire
to save the large oak tree, and any redesign should try to achieve
that result.
Mrs. Faust asked Ms. Aaker the lot coverage on this proposal.
Ms. Aaker said lot coverage is below the maximum allowed at 2,250
square feet. Continuing, Mrs. Faust said reduction in sunlight is
a factor to contemplate when considering this proposal, and saving
the large oak tree in also important.
Mrs. Mara Ingwalson, 4612 Arden Avenue, explained to the Board
she is not present this evening to specifically address this issue,
but present to share her concerns regarding what is occurring
within the Country Club District. Mrs. Ingwalson said considerable
alteration, and additions are occurring that could change the
character of the whole area. She commented that while she shares
the concern the HPB has regarding streetscape, she pointed out what
is really happening within the Country Club District is happening
in the side and rear yards. She pointed out sunlight has been
compromised, air currents are changing, and open space within rear
yards have been diminished. She concluded, stating she needed to
share her concerns with a "board", and hopes the board, when making
decisions, consider these concerns.
Chairman Palmer, Mr. Olson, and Mrs. Faust expressed concern
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over the massiveness of the proposed additions indicating they are
having trouble affirming a hardship.
Mr. Zimmerman, in referring to comments from Mrs. Ingwalson
stated he also has concerns in maintaining the character and
symmetry of the Country Club District. He added he has a growing
family, and the home at present does not meet the needs of a family
in the 901s. He added he is very willing to look at redesign
options, noting he understands the comments on building mass. He
asked the Board if they have any ideas on redesign. He concluded
that many homes within the area need updating, adding he hopes the
Board understands how much they want to stay in their neighborhood.
Mr. Johnson explained that setting in the side building wall
would be an option that would reduce the impact of the proposed
addition. He explained this would break up the building mass by
creating shadow lines.
Mrs. Zimmerman reported they have "toyed" with the idea of
adding -on to their home for some time. She said maintaining the
character and symmetry of the home, and saving the large Burl Oak
tree was very important to them, which is the reason they hired an
architect. She added the architect suggested that maintaining the
side building wall would preserve the character of the house, which
is frustrating since it appears the board cannot support his
suggestion, and prefer an off -set addition. Mrs. Zimmerman asked
the Board for suggestions on a redesign plan they could support.
Mr. Zimmerman indicated they could follow the suggestion of
Mr. Johnson and off -set the addition eliminating that variance, and
redesign the deck so it does not require a variance. One variance
would then be required.
Chairman Palmer said that it is very hard for the Board to try
to redesign a plan, and approve it without viewing it. ' He
acknowledged their frustration in believing what is proposed best
complements the character of the home, and neighborhood. He
explained in his opinion there is no hardship to support this
request, and he feels uncomfortable being asked for suggestions on
redesign of the plan. He recommended that they consider softening
the impact of the addition, and reducing the number of variances
required. Chairman Palmer said he shares the concern of the HPB
regarding front loading garages, but in this instance he believes
since the proposed garage is angled, and not in direct view from&
the front street, impact would be minimal. Continuing Chairman
Palmer said the proposed garage is not the traditional 19501s,
60's, 70's front loading garage. He commented that that type of
front loading garage may be what the HPB finds disagreeable.
A discussion ensued with the Board indicating they could not
support the proposal as presented.. The Board indicated the mass of
the addition is "too much" •. The Board explained it is hard to say
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exactly what is "too much", and suggested to Mrs. and Mrs.
Zimmerman that they either redesign their plan, or present their
plan to the City Council for a vote. Chairman Palmer told Mr. and
Mrs. Zimmerman the City Council is where they can receive a final
decision. He added the Council may support their proposal as
presented, and if they do, you will be able to apply for a building
permit, and construct your proposal as presented. If the Council
were to deny your request your options for redesign would still
remain.
Mr. Zimmerman added in a way saving the large oak tree has
become a hardship for them. He reiterated it is very important to
them to save this tree, and maintain as much open space in the rear
as possible.
Mrs. Faust commented the tree could be considered a hardship
for this lot, and in her opinion, saving the tree has merit. She
remarked it would be sad if they were to loose the tree as a result
of not receiving variances. She commented this situation is very
difficult, over building of lots is a concern for board members,
variances do offer some control for the City, and there have been
offensive additions within this neighborhood that have not required
variances. She said it may become an issue on what is more
important, saving the tree, and approving variances, or loosing the
tree, and complying with our requirements. Concluding, Mrs. Faust
said the front loading garage is not as offensive to her because it
does not have living spaces above it and is angled, not a direct
front loading garage.
Mr. Johnson said he is very sympathetic to their need to add
more living space to their home, and their desire to save the large
oak tree. He added he hopes the tree can be saved, and said any
redesign should try to save the tree, He concluded they could
position a fence around the drip line, and redesign around that.
Mr. Johnson moved to deny the variance request. Mr. Olson
seconded the motion. Ayes; Olson, Faust, Johnson, Palmer. Motion
to deny carried.
Chairman Palmer informed Mr. and Mrs. Zimmerman they can
appeal this decision to the Council. They should do so within 10
days.
III. ADJOURNMENT:"
The meeting was adjourned at 7:00 p.m.
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