HomeMy WebLinkAbout1993 03-18 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE
EDINA ZONING BOARD OF APPEALS
HELD ON THURSDAY, MARCH 18, 1993, AT
5:30 P.M., EDINA CITY HALL MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Acting Chair, Helen McClelland, Mike Lewis,
Don Patton and Goof Workinger
STAFF PRESENT: Kris Aaker, Joyce Repya, Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
Mr. Workinger moved approval of the December 7, 1993, meeting
minutes. Mr. Lewis seconded the motion. All voted aye; motion
carried.
II. NEW BUSINESS:
B-93-4 Katherine F. and Roger S. Fullerton
4315 Grimes Avenue South
The south 75 feet of the north 150 feet of lot
92, Morningside
Request: A 3.4 foot sideyard setback variance
Ms.•Aaker informed the board the subject property is located
north of west 44th Street and east of Grimes Avenue. The lot is a
relatively narrow and shallow substandard lot with a total lot area
of approximately 7449.75 square feet. The cape cod styled home on
the lot is a one and one half story rock front, frame dwelling.
The homeowners are proposing to remove an existing porch and
replace it with a two story addition at the existing 7.9 foot
sideyard setback.
Ms. Aaker pointed out Edina City Ordinance requires a minimum
10 foot sideyard setback for living area on lots 75 feet in width
or greater. Lots less than 75 feet in width require a minimum five
foot sideyard setback for living areas. In both cases, however,
setback is increased six inches for each one foot of building
height in excess of 15 feet.
The subject lot is exactly 75 feet in width, therefore a 10
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foot living area setback requirement is imposed. The homeowners
are proposing to add a second story to include a bedroom and
bathroom. The added building height requires that an additional
1.3 feet of setback be provided which increases the required
setback to 11.3 feet. If the lot had been less than 75 feet in
width the sideyard requirement would be 5.3 feet, which would have
allowed the addition without variance.
Ms. Aaker concluded Staff acknowledges the proponents desire
to maintain the architectural integrity of the home and finds the
following conditions present in support of the variance request.
1. The shallow lot depth and relatively narrow lot width
reduce the available options for a logical building
expansion.
2. If the lot had been slightly less than 75 feet in width,
the addition would not require a setback variance.
3. The addition will be preserving the existing sideyard
setback.
4. Spacing between homes will remain at a comfortable
distance.
5. The homeowner will be preserving the architectural
integrity of the home.
The proponent, Mr. Fullerton was present.
Mrs. McClelland said she has a concern, not with the design,
but with the materials that will be used for the addition.
Mr. Workinger stated he is uncomfortable with the loss of the
tree due to this proposal. Mr. Fullerton noted the tree is
diseased and would have to be removed regardless.
Mr. Patton commented he does not have a problem with the
proposal as presented but questioned Ms. Aaker if with the addition
lot coverage becomes an issue. Ms. Aaker responded that lot
coverage is not a problem with the addition.
Mr. Workinger pointed out in reviewing the plans the chimney
appears to encroach into the setback. Ms. Aaker explained that the
chimney can encroach into the setback. A chimney can encroach into
a setback not more than three feet and no closer than three feet to
a property line. Mr. Workinger stated he has no objection to the
proposal as presented.
Mr. Workinger moved variance approval subject to staff
conditions. Mr. Lewis seconded the motion with the additional
condition that materials are to match. All voted aye; motion
carried.
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B-93-5 Gary and Gretchen Holland
6312 Indian Hills Road
Lot 90 Block 2, Indian Hills
Request: A five foot sideyard setback variance to allow
living space above the garage
Ms. Aaker informed the Board the applicants are requesting a
five foot setback variance from the required 10 foot sideyard
setback variance to allow living area above a proposed garage
expansion to the west of the home. The lot on which the
contemporary styled home is located is slightly less than one acre
and is one of many large lots within the Indian Hills subdivision.
The new garage stall is proposed to be located at the minimum
required five foot sideyard setback and therefore would be legal,
however, the homeowner desires to add a studio space above the new
garage stall, which requires a greater setback.
Ms. Aaker stated the applicant's design complements the
existing structure and can be appreciated for its balance and
consistency in matching materials. In addition, it could be
acknowledged that the original house placement and slope of the lot
can be viewed as a hinderance or hardship when reviewing expansion
options. Ms. Aaker pointed out it would appear however that the
property could be put to reasonable use as allowed by the ordinance
and that garage storage capacity could be increased without a
variance. It would also appear that the ample lot area provides an
opportunity for a conforming location of the studio.
Ms. Aaker concluded that staff appreciates the applicant's
dedication to preserving the design integrity of the home, however,
cannot recommend approval of the studio addition.
The proponent, Mrs. Holland was present.
Mrs. McClelland noted the letters of support that were
submitted regarding the variance request.
Mrs. McClelland said she has one question to ask before
discussion begins. She questioned Mr. Dunn on his assertation that
the survey for the Holland property may not be correct. Mrs. Aaker
presented to Mrs. McClelland a copy of the survey on file with the
city.
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In response Mr. Dunn stated in the past the Holland's had a
surveyor measure the site for new landscaping. Mr. Dunn said in
his opinion it seems odd that the Hollands used the survey in the
city file that conveniently depicts a five foot setback for the
proposed garage. Mrs. Holland said at that time the surveying
company was used to find the irons, so the landscaping would be
planted correctly. We did not have a survey drawn.
Mrs. Holland explained the survey they have been working with
is the survey on file with the city, and the proposed garage meets
the required five foot setback. Continuing, Mrs. Holland said when
Mr. Dunn mentioned that he thought the survey may be incorrect she
called Ms. Aaker and questioned how she should proceed. Ms. Aaker
responded that the survey on file with the city was completed by a
licensed surveyor and at this point that is what staff uses, and
that is what Mrs. Holland was directed to use.
Mrs. McClelland questioned Mr. Dunn on when he had his survey
completed. Mr. Dunn said his survey was completed in 1987. Ms.
Aaker clarified for the board when someone brings in plans the city
functions under the survey that is on file, and in our experience
the surveys on file with the city are usually accurate.
Continuing, Ms. Aaker said when there is a lot line dispute the
building department carefully inspects the project as it proceeds.
Ms. Aaker noted at this time the city does not require as -built
surveys for residents seeking building permits, although there are
a number of cities that require as -built surveys to issue building
permits.
Mrs. McClelland questioned when the Holland survey was
completed. Ms. Aaker said the survey was completed in 1956. She
added if it becomes an issue during the variance process we may
have to ask for an as -built survey, but it is expensive, and it is
something the city has not and does not require. As a rule the
city has been careful requesting a new survey when one is on file.
Mr. Patton asked Mrs. Holland if she accepts the staff
recommendation that the garage can be constructed and staff's
recommendation that the studio not be constructed.
Mrs. McClelland interjected that in her opinion she views no
hardship to support the request for a studio. She pointed out the
house in 80 feet in length and the Holland house has already had
three additions. Mrs. McClelland pointed out as you drive Indian
Hills Road the Dunn and Holland house are the closest houses on the
block. Mrs. McClelland stated in her opinion the proponents should
be able to add the studio to some other portion of the house. She
added she believes Mr. Dunn has some rights and according to Mr.
Dunn he will be adding an addition easterly (toward the Holland
house) which will decrease the spacing between the houses. Mrs.
McClelland said in fairness the Holland home has already had three
additions and she feels maybe a studio could be constructed on the
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lower level where wood appears to be stored. Mrs. McClelland
concluded that massing is a concern, setting a precedent is a
concern, and reiterated the existing house is very large, the lot
is huge, and as mentioned previously the house has already had
three additions.
Mrs. Holland responded that she feels the board has questions
that must be resolved, and she would like to be able to work with
the board towards an agreeable solution. Continuing, Mrs. Holland
acknowledged the concern board members may have that a precedent
could be set if the studio were allowed to be constructed five feet
from the property line. Continuing, and in response to Mr.
Patton's question, Mrs. Holland stated the third garage stall is
very important to them, and can be legally constructed, but the
studio is also as important. Mrs. Holland said in her opinion, and
the opinion of her architect the addition of the studio has been
placed in a logical location consistent with the architectural
integrity of the house. She acknowledged that the "burden of
proof" for hardship is on her. Mrs. Holland reiterated that the
studio is very important to her family. Mrs. Holland noted that
the board has commented on the project as it relates to the size of
their lot. Mrs. Holland asserted they have investigated other
locations for the studio with the architect on a number of
occasions. Mrs. Holland acknowledged it can be difficult for the
board to understand when you have a lot of this size that there is
no location for the studio that works as well as the location we
proposed. Mrs. Holland pointed out that they are not looking at
enlarging an existing room, but on constructing a whole new room.
She stated this is the reason it is so difficult to find the proper
space for this addition. Mrs. Holland remarked the proposed
addition of the studio makes sense with the interior layout of the
house, and she reiterated it maintains the architectural balance of
the exterior. Mrs. Holland told the board they considered
expanding up, into the roof, but due to the air conditioning ducts
in the roof they realized it is impossible to expand up.
Mrs. Holland acknowledged that the board may find in
impossible to understand that the studio has been placed in the
best location. She added you view the house which is 80 feet
across the front, appearing very large, on a large lot so your
natural assumption is that there must be some place to locate the
studio that conforms. Mrs. Holland said in should be noted that
the entire house is a front tuck -under style home. Mrs. Holland
described the lower level as consisting of one bedroom, one office,
laundry room, and furnace room. The house has no basement. The
upper level is where all the "living" area is, and while the house
is large, in comparison with homes in Indian Hills it is not overly
large. Continuing, Mrs. Holland pointed out the land slopes up,
away from the street with two stories visible in the front. This
topography limits development because there is only one story to
feed from and that is the upper level. Mrs. Holland asked the
board to note off the rear of the house there is a porch and a
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green house extension, which makes it difficult to construct the
studio toward the rear. Mrs. Holland explained in the rear of the
house the bedrooms and the kitchen are located, which is not the
most desirable location to construct a studio. Mrs. Holland said
one place they also investigated locating the studio was placing
the addition on the east end and attaching it to the family room
area. The only problem is underneath the family room area is dead
space, and you'd have to cut into the hill. Mrs. Holland
concluded they entertained the idea of constructing a separate
building for the studio but found that may be questionable. The
detached studio would have heating and plumbing and could be viewed
as a separate living area which is not allowed on a single family
lot site.
Mrs. McClelland observed that maybe the "dead space" under the
family room could be converted into the studio. Mrs. Holland
pointed out that area is only crawl space.
Continuing, Mrs. Holland remarked that she does not understand
why the original builder constructed their house so close to the
property line. She pointed out the way the house is laid out there
is no other place to locate the garage. Mrs. Holland referred to
the letters received in support of the proposal and noted that the
Indian Hills neighborhood is not very transient. The majority of
the residents who moved into this neighborhood did so because they
appreciated the trees, size of lots and the feeling of the rolling
hills. Mrs. Holland commented that she was amazed at the support
this proposal has been given throughout the neighborhood. She
explained that everyone who was contacted regarding this proposal
viewed the plans for our addition, and were also told the immediate
neighbors, the Dunns opposed their expansion proposal. Mrs.
Holland also said she informed neighbors that the Dunns are
planning to construct a garage addition of their own. Mrs. Holland
said in her opinion it is important to understand that all
neighbors who responded by letter were aware that both houses are
proposing additions. Mrs. Holland concluded by stating she cannot
stand before this board and convey that once the additions go up
the houses will not appear closer, but it should be noted that
there will still be over 20 feet between them. Mrs. Holland said
she found that residents of the area appear to be more concerned
with the new construction occurring within the neighborhood
placing houses the minimum distance apart.
Mr. Patton questioned Ms. Aaker on how much distance would be
between the houses when both additions are completed. Ms. Aaker
said the distance between houses after the additions will be
approximately 22 feet. Mrs. McClelland interjected that she also
has an objection to the garage stall. Ms. Aaker pointed out the
garage without the studio above it will be legal, including the
overhang.
Mrs. McClelland questioned with recodification didn't we
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increase the distance between garages. Ms. Aaker said the distance
between garages without living space above it remains at five feet.
Mr. Dunn referred to his letter and commented that he has been
transferred here from New York and picked this neighborhood because
of the spacing between houses. Mr. Dunn said for a house to be
constructed on one acre and be so close to the property line is
suspect. He pointed out when you come up Indian Hills Road the
addition to the Holland house will block the view of their house.
He pointed out when you construct a house that close to the
property line, it will appear that the Holland house owns some of
our property. Mr. Dunn acknowledged that the garage and overhang
may be legal but still feels it will be too close to the property
line. Mrs. McClelland said it has been very helpful knowing that
you are proposing an addition. Mrs. McClelland commented that
while the board cannot comment on the future addition by the Dunns
it should be considered.
Mr. Lewis said his concern with the proposal is the "question"
of the survey. He added it appears that Mr. Dunn does not feel
comfortable with the existing survey, and the fact when the garage
is completed it will be at minimum, five feet from the property
line. Mr. Lewis concluded that it is important to him when making
an educated decision that he feels comfortable with the facts.
Mrs. McClelland said her concern is that in her opinion no
hardship exists.
Mr. Workinger questioned Ms. Aaker on what the frontyard
setback for both properties is. Ms. Aaker said due to the curve in
the road it is hard to compute, but she feels the houses are
setback around 120 feet from the curb. Mr. Workinger said that Mr.
Dunn's concern in preserving the site lines to his home and his
assertation that they may be lost due to the Holland addition is
something we should not comment on. The site lines to the Dunn
home may be compromised by the Holland garage, but also by their
own proposal.
Mrs. Holland reported to the board the plans for this proposal
were drawn up in February of last year, and at that time we did not
realize we would need a variance. The reason the proposed garage
stall juts out is to compliment the architectural facade of the
house and keep it aesthetically pleasing. Mrs. Holland said it is
extremely important to them to ensure that the addition is
architecturally compatible with the existing house.
Mrs. McClelland noted regardless of architectural
compatibility her problem is with massing, and as she has indicated
on many occasions massing is a concern. Mrs. McClelland said
another concern is that within this area houses are not usually
constructed so close together.
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Mr. Patton questioned how deep the garage is. Mrs. Holland
said she is unsure, adding we can fit our two cars in the garage.
Mrs. Holland pointed out our house has 3,200 square feet of living
area. Mr. Patton said if he reads the plans correctly the existing
garage is about 32-36 feet deep, and suggested the possibility of
a tandem solution to achieve the extra garage space. He explained
this would give you four garage spaces, and allow the addition of
the studio on the east side of the house in the crawl space area.
Mr. Lewis said in his opinion it would be best to table this
issue, allowing you time to speak with your architect and surveyor.
Mr. Lewis said you could explain to your architect that board
members have expressed a concern about the proposal, and have
him/her look at the possibility of constructing a tandem garage and
placing the studio addition under the family room in the existing
crawl space. Mr. Lewis said he is also sensitive to the massing
issue. This area contains very beautiful homes and the spacing in
Indian Hills between the homes is large.
Mrs. Holland pointed out that- legally we can construct the
garage. The board acknowledged that fact but stated their problem
is with the studio.
Mrs. McClelland said as far as this proposal is concerned we
may, as a board, have to say to you, that you cannot have a
greenhouse, a swimming pool, a tennis court, etc. You may have to
choose what is important to you to retain.
Ms. Aaker pointed out that if Mrs. Holland takes these
considerations to her architect she may not have to come back
before a variance board.
Mr. Lewis moved to table the meeting to an undetermined date.
Mr. Patton seconded the motion. All voted aye; motion carried.
B-93-6 Edina Realty, Inc.
4015 West 65th Street
Lot 00, Block 02, Southdale Office
Park Second Addition
Zoning: POD -1, Planned Office District
Request: Variance from the Sign Ordinance No. 460 to
allow signage on a building elevation that
does not have street frontage
Ms. Repya informed the board the subject property is an office
building located on the southeast corner of West 65th Street and
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Valley View Road. The Edina Sign Ordinance allows buildings in the
Planned Office District one building identification sign per street
frontage. The first sign may be no larger than 50 square feet in
area; each additional sign shall not exceed 36 square feet.
Ms. Repya explained that last year new signage was permitted
for the building. A 42.5 square foot illuminated wall sign was
permitted for the north elevation (West 65th Street) and a 28
square foot illuminated wall sign was permitted for the west
elevation (Valley View Road).
Ms. Repya pointed out that prior to the sign permits being
released, the City ordered the following changes on the site to
bring the building into conformance with the sign ordinance:
1. The monument sign must be removed on the north elevation
(West 65th Street) - only one building identification
sign allowed per street frontage
2. The address numerals on the west elevation (Valley View
Road) must be reduced to six square feet or removed -
address numerals larger than six square feet are
considered building identification signs.
Ms. Repya said the proponent complied with these orders,
however, the sign permitted for the west elevation (Valley View
Road) was erected on the east elevation (no street frontage). The
proponent requests a variance to allow the sign incorrectly
installed on the east elevation to remain.
Staff finds it difficult to identify a hardship situation in
this case. As the proponent has pointed out, since 1979 the
subject property has grown to be the largest real estate office in
the United States; all without the benefit of signage on the east
elevation of the building.
Ms. Repya concluded if the Board chooses to approve the
variance, Staff would recommend that the following conditions be
imposed:
1. The wall sign on the west elevation be removed, and
2. The address numerals on the east elevation be removed.
Mr. K. Johnson was present representing Edina Realty.
Mr. Workinger asked Mr. Johnson why the sign was erected on
the wrong side of the building. Mr. Johnson responded that he was
not aware that a sign on the east side of the building was wrong.
Mr. Johnson explained to the board the history of the growth
of Edina Realty informing them Edina Realty at this location has a
staff of 78 people and at times up to 150 people when sales people
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use the office with clients and for staff meetings. Continuing,
Mr. Johnson pointed out that because of the traffic flow on Valley
View Road and the barriers it is almost impossible for anyone on
Valley View Road to get to our building. France Avenue is the
street we direct people to use to get to our building.
Mr. Lewis agreed, he pointed out when one is traveling south
on Valley View Road you cannot get to the Edina Realty Building
without making a U-turn and backtracking.
A discussion ensued between board members with them in
agreement that the site in question is unique acknowledging that
France Avenue is the main street one would use to get to this
building. The board also noted that adequate identification for
those traveling down France Avenue is important for safety reasons.
Clients need to be able to see the building identification sign in
time to make a turn.
Mr. Lewis moved variance approval noting that the site in
question does not have adequate access from Valley View Road and
the visual orientation for this building is from France Avenue,
safety is also a concern because of the location of the building,
conditions of approval are that the signage on the west wall must
be removed and the numerals must be removed off the east elevation.
Mr. Workinger seconded the motion. All voted aye; motion carried.
III. ADJOURNMENT:
The meeting was adjourned at 6:45 p.m.
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