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HomeMy WebLinkAbout1993 07-15 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF APPEALS HELD ON THURSDAY, JULY 15, 1993 EDINA CITY HALL MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Adting Chair Helen McClelland, Gordon Johnson and Geof Workinger MEMBERS ABSENT: Mike Lewis, and Don Patton I. APPROVAL OF THE MINUTES: Mr. Workinger moved approval of the June 17, 1993 meeting minutes. Mrs. McClelland seconded the motion. all voted aye; motion carried. II. NEW BUSINESS: B-93-24 Elmer Robert Salovich 12 Overholt Pass Lot 21 Block 1, Overholt Hills Georgia 2nd Addition Request: An 11 foot front yard setback variance for a deck extension. Ms. Aaker informed the Board the subject property is located on the west side of Overholt Pass just north of Shawnee Circle. The house was built in 1976 and required a variance to allow the home to be located closer than 30 feet from the front property boundary. The characteristics of the lot imposed an undue burden and hardship for design and development of the lot. The lot drops off in excess of 40 feet from front to rear with an average depth of 115 feet. The board approved house placement acknowledging that the subject lot was one of the most difficult to develop in the city due to the sever grade changes of the lot and difficulty with which a home could be connected to the narrow and steep street adjacent to it. Ms. Aaker explained the home was constructed to deal with a difficult lot and included a deck and front walkway which encroaches beyond the setback of the front building wall. The front of the house is actually two stories with the second story connected to Overholt Pass by the deck and walkway. The homeowners are proposing a slight increase in the deck as highlighted on the attached plans. Ms. Aaker said that given the site conditions and hardship with which development can occur, staff supports the request subject to limiting construction to the plans submitted. The proponent, Mr. Salovich was present to answer any questions. A brief discussion ensued with the board in agreement that the request is reasonable and would not negatively impact the neighborhood. The board also noted the extreme difficulty in the development of this lot and it's limitations for development. Mr. Worki ger moved approval subject to the staff condition of limiting construction to the plans submitted and the use of like materials. Mrs. McClelland seconded the motion. All voted aye; motion carried B-93-25 Request: Mark E. and Jacqueline Hegman 4913 Sunnyslope Road Lot 5, Block 3, Sunnyside Section Country Club A 4 foot rear yard setback variance for addition to the house and a 37 foot rear yard setback variance for a gazebo Ms. Aaker told the Board the subject property is located on the east side of Sunnyslope Road across from the intersection of Dale Drive. he home consists of a one and three quarter story brick cape cod. The home over -looks Minnehaha Creek from its' back side with the creek running along the eastern property boundary. The homeowners are requesting two separate variances from the rear yard setback requirement. The homeowners are requesting a variance to accomplish an addition to the back of the home and a separate variance fort the purposes of locating a new gazebo structure in the rear yard area Ms. Aaker noted the Edina City Code was amended in August of 1992. The amendment included an increase in setback requirements from ponds, lakes and streams. The Minnesota Department of Natural Resources has mandated that all local units of government adopt the structure setback standards of the state's shoreland management program. The standards adopted in August of 1992 increased the required rearr ideyard setback from Minnehaha Creek from 25 feet to 50 feet : T e amended city code is now in conformance with the state requirem nts. Ms. Aaker�explained the homeowners are proposing to replace an existing one tory addition to the back of the home with a two story addition. The addition includes a rounded one story element with curved glass windows which protrudes into the setback area. The second story portion of the addition will not encroach into the setback area. The Board should note an existing one story addition to the home currently does not conform to the minimum 50 foot setback standard. The design as proposed would increase the non- conformity by approximately three feet. Ms. Aaker concluded the state has mandated the adoption of new setback standards from Edina's lakes, ponds, and streams. Given the amount of existing development adjacent to waterbodies in the city it becomes a challenge to balance the goals of shoreland management with existing conditions. Based on site conditions and the findings mentioned in this report staff supports the addition to the house tied to the plans submitted. Staff, cannot however support the location of the gazebo. The proponents, Mr. and Mrs. Hegman were present, and Ms. Mahady a representative from Mulfinger, Susanka & Mahady was present. Mrs. McClelland said in her option this variance should be handled in two parts. Mrs. McClelland stated she supports the request for the addition but does have some concerns about the proposed gazebo. Board members were in agreement with Mrs. McClelland. Mr. Workinger moved approval of a 4 foot rearyard setback variance for an addition to the house. Mrs. McClelland seconded the motion. All voted aye; motion carried. Mr. Workinger asked Ms. Aaker if the flood plain is an issue in this situation. Ms. Aaker stated the flood plain is not an issue. Mrs. McClelland questioned the status of the concrete steps leading down to the creek and the concrete pad. Ms. Aaker pointed out along the creek in this area one can view similar structures. The steps and pad are non -conforming. Today the pad and the steps would not be allowed. Mrs. McClelland noted when she visited the property the water level was lower than the concrete pad. Mr. Hegman interjected that he believes the creek is at a 13 year high so the proposed gazebo will not be. in any danger of flooding. Mr. Hegman pointed out the existing playhouse (where the proposed gazebo will be located) has never had problems. Mr. Hegman said the steps, concrete pad and playhouse were constructed many years ago. Mrs. Hegman explained that the design of the proposed gazebo will be in keeping with the proposed addition to the rear of the home. Ms. Mahady explained to board members impacted neighbors expressed support for the gazebo. She pointed out the gazebo will be located in the same place as the existing playhouse, and the playhouse will be removed. Mrs. McClelland asked if the proposed gazebo will be constructed with the same support system incorporated in the existing play -house. Ms. Mahady stated she is unsure, she added they have not addressed that issue. Mr. Workinger said he is uncomfortable granting the variance for the gazebo without seeing exact plans for it. Mr. Workinger questioned the height of the gazebo. Ms. Mahady stated the proposed gazebo will be constructed within the existing playhouse footprint and will be between 8-10 feet in height. Mrs. McClelland noted it is difficult for the city to overrule state regulations, but she pointed out the gazebo is not in the flood plain, and will not impede the flow of the creek. Mrs. McClelland asked Ms. Aaker if the DNR needs to review the plans for the gazebo. Ms. Aaker said the plans do not have to be reviewed by the DNR. The DNR has no authority over this. Continuing, Mrs. McClelland agreed with Mr. Workinger suggestion that he would like to see a scaled drawing of the gazebo. Ms. Aaker explained that the city does not require scaled drawings for a gazebo. A discussion ensued with the board recognizing in this part of Edina many structures do not comply with the present ordinance setback standards from waterbodies, noting the gazebo is not located in the floodplain, the gazebo will be replacing an existing structure, and the neighbors support the request as presented. Mr. Workinger moved approval of the gazebo with the condition that the new structure be constructed on the footprint of the existing structure, and will be no higher than the existing structure. The board recognizes that the gazebo will be constructed on a hill, out of the floodplain and will not negatively impact the neighborhood. Mr. Gordon Johnson abstained. Motion carried. III. ADJOURNMENT: The meeting was adjourned at 5:55 p.m. eenakAe F-