HomeMy WebLinkAbout1992 09-07 Zoning Board of Appeals Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE -
ZONING BOARD OF APPEALS HELD ON THURSDAY,
SEPTEMBER 17, 1992, 5:30 P.M.
EDINA CITY HALL MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Chair Gordon Johnson, Mike Lewis, Helen
McClelland, Geof Workinger, Don Patton
STAFF PRESENT: Kris Aaker
Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
Mrs. McClelland moved approval of the July 16, 1992 meeting
minutes. Mr. Workinger seconded the motion. All voted aye; motion
carried.
II. NEW BUSINESS:
B-92-37 Dale H. Renner
5114 Arden Avenue
Lot 2, Block 1, Brucewood, and part of Lot 5,
Block 1, Brucewood and lying northerly of the
line drawn westerly from the northwesterly
corner of Lot 1 in said Block 1, parallel with
northerly line of said Lot 5.
zoning: R-1
Request: A 4 foot sideyard setback variance
Ms. Aaker informed the board the homeowners are planning a
substantial addition to the rear of their home. All aspects of the
project conform to the zoning ordinance with one exception; the
north sideyard setback. The zoning ordinance requires a minimum
10 foot sideyard setback for lots 75 feet or greater in width and
5 feet for lot widths less than 75 feet.
Ms. Aaker concluded staff recommends approval of the variance
as submitted subject to the following conditions:
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1. That plans are reviewed and approved by the Minnehaha
Creek Watershed District.
2. All living area located in the flood fringe be elevated
on fill so that the lowest floor elevation is one foot
above the 867' flood plain elevation.
3. All finish materials of the new addition match the
existing structure.
The proponents, Mr. and Mrs. Renner were present.
Ms. Aaker reported that Ceil Strauss indicated to staff that
the DNR has no problem with the proposal as submitted and a permit
is not required.
Mr. Lewis asked Ms. Aaker if she has a concern that the
Watershed District may not approved it. Ms. Aaker said the
watershed district should not have a problem with their plan if
they stay above the flood elevation.
Chairman Johnson asked Ms. Aaker if she has received any
comments from neighbors. Ms. Aaker said to date she has received
no negative comments.
Mr. Remmer told the board he spoke with a majority of the
immediate neighbors and they indicated they support the proposal as
submitted. Continuing, Mr. Remmer said it surprised him that they
needed a variance. He explained they were just continuing the
existing building wall and since their lot measures 70 feet across
the front they believed they were in compliance keeping it at 6 1/2
feet. He stated it came as a surprise to him that the frontyard
setback measurement is taken 50 feet from the property line which
meant that instead of being allowed to construction their addition
five feet from the side property line they had to maintain a 10
foot sideyard setback.
Mr. Workinger questioned what the existing sideyard setbacks
are. Ms. Aaker said the subject site will maintain the existing
setbacks of around 6 1/2 feet on each side.
Mr. Workinger said he has a concern about the slab effect of
the addition adding it is not very aesthetically pleasing to the
neighbors. It is very bare.
Mr. Renner explained the reason for the starkness of the
design is that the immediate neighbors have their master bedroom on
their south, our north, and they indicated they prefer that the
addition not have windows. Mrs. McClelland suggested using wood
slatting, or something similar, as a decoration to help soften the
impact of the addition and lessen the mass.
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Mr. Patton noted that in reviewing -the plans he observed that
there appears to be an external access from the rearyard into the
basement. Ms. Aaker said the watershed district also expressed
concern due to the walkout door.
Mr. Renner explained that that door is there only by
definition. He added since it was realized the proposal required
a variance and he became familiar with FEMA rules it was understood
that the door must be eliminated. Mr. Patton suggested that they
could possibly place the door pointed south or turned at a 900
angle. Mr. Patton stressed he has a concern and does not want to
see the basement flooded.
Mrs. McClelland moved approval noting that the proposed
addition met the requirements that existed when the home was
constructed, subject to staff conditions and the additional
conditions that the neighbors to the north and south submit a
letter to the file, that living area remain above the 867 flood
plain elevation, that the plan receives approval from the watershed
district if it is necessary, and subject to the materials used must
match the existing materials on the house. Mr. Lewis seconded the
motion. All voted aye; motion carried.
B-92-38 John and Stephanie Mullaney
4429 Brookside Terrace
All of Lot 30, except the west 111 feet
thereof, on file and record in the office of
the registrar of titles in and for said
Hennepin county. Subject to easement over the
west 16 feet thereof and together with an
easement over the east 16 feet of the west 127
feet of Lots 27,28, and 29, Brookside Terrace
Zoning: R-1
Request: A 2.25 foot sideyard setback variance for
building height
Ms. Aaker told the board the subject home is located on the
east side of Brookside Terrace, between the Soo Line right-of-way
and Minnehaha Creek. The home is currently a one story rambler.
The applicants are proposing to add a full second story to the
existing structure. The lot width is 77 feet which requires a
minimum 10 foot sideyard setback plus 6" for each foot the building
height exceeds 15 feet. The site provides an 11 foot south
sideyard setback which is greater than the 10 foot minimum,
however, the added building height requires an additional 2.25 feet
of setback.
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Ms. Aaker concluded staff believes that the addition is
appropriate for the site and recommends approval subject to the use
of consistent materials on the exterior facade.
Mrs. McClelland said in this instance there is a hardship but
stated she has a concern that the size of the house is almost
doubling. Mass is a problem.
Mr. Mullaney said that what he desires is to stay in the
neighborhood and provide his growing family with more room.
Mr. Workinger moved approval subject to staff conditions
noting that a hardship exists due to the creek. Mrs. McClelland
seconded the motion. All voted aye; motion carried.
III. ADJOURNMENT:
The meeting adjourned at 6:00 p.m.
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