Loading...
HomeMy WebLinkAbout1994 08-18 Zoning Board of Appeals Meeting Minutes Regulary REGULAR MEETING OF THE EDINA ZONING BOARD OF APPEALS HELD ON THURSDAY, AUGUST 18, 1994 5:30 P.M. MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Chair, Helen McClelland, Dave Byron, Don Patton, Geof Workinger MEMBERS ABSENT: Mike Lewis STAFF PRESENT: Kris Aaker, Jackie Hoogenakker APPROVAL OF THE MINUTES: Ms. McClelland order the minutes filed with no corrections. II. NEW BUSINESS: B-94-39 Arlen and Elizabeth Holter 3501 Fuller Street Lot 13 except the west 6 feet thereof, West Fuller Street Addition to Minneapolis according to the recorded plat thereof Request: A 21.3 foot lot width variance, a 1750.0 square foot lot area variance and a 2.3 foot sidestreet setback variance Ms. Aaker reported the subject property is located in the southwest quadrant of the intersection of Fuller Street and Beard Avenue. The property has a lot width of 53.7 feet and depth of 135 feet and consists of 7245.5 square feet of lot area. The lot is non -conforming in terms of lot width and area. The zoning ordinance requires a minimum lot width of 75 feet and lot area of 9,000 square feet. Ms. Aaker explained the existing home is a one and three quarter story, two 1 4 bedroom home with attached two car garage. The existing home is non -conforming in terms of frontyard and side street setback. The ordinance requires that a home or addition to a home must be no closer to the front property boundary than the adjacent neighboring property which has a setback of 35 feet. The existing frontyard setback is 25 feet which means the home is encroaching 10 feet into the frontyard setback area. The home affords no side street setback from Beard Avenue. Ms. Aaker concluded the proposed home meets all of the ordinance requirements with the exception of side street setback for the supported overhang and will bring the property more in compliance with current standards. The proponents, Mr. and Mrs. Hoelter were present. Ms. McClelland asked Ms. Aaker to clarify the variance request. Ms. Aaker explained what is being requested is bringing a non -conforming lot into compliance, and a minimal front yard setback variance for a new front stoop. Mr. Tom Yuleman, 3504 West 55th Street told board members he supports the variance request as submitted. Mr. Dan Dearsdorf, 5410 Abbott Place, told board members he believes eventually a number of properties within this area will be upgraded, and will require variances. Mr. Dearsdorf said in his opinion many area homes need upgrading to re- generate the neighborhood. Mrs. Hoelter introduced herself, and submitted 16 letters of support for the proposal. Ms. Nordstrum, 3617 West 55th Street told the board in her opinion any improvements to properties within this neighborhood are desired, and a newly constructed home is a plus for the neighborhood. Ms. Nordstrum said most property owners in this neighborhood want to increase their property values, adding the only way this can happen is with people taking care of, and upgrading their property. Ms. Nordstrum concluded she supports the variance request. Mr. Pearson, 3516 West Fuller told board members he supports the request to raze the existing house, and construct a new house. Ms. Grien, 3608 West 55th Street told board members she supports the request as explained. Mr. Madsen, 3525 Fuller, announced his support. Mr. and Mrs. Hesch, 3505 Fuller explained to board members they are the adjacent property owners, and do not agree that the home needs to be removed, and another home constructed. Ms. Hesch pointed out the house that will be razed is the oldest house in the neighborhood, and in her opinion it is not necessarily bad to have 2 a variety of house styles and ages in a neighborhood. Ms. Hesch commented if a new house is constructed next door the character of the neighborhood will change, and the privacy they have enjoyed with the present house location will be lost. Ms. Hesch pointed out if a new house is constructed as proposed her family will be looking at the rear of a house. Tree loss will occur, and as mentioned earlier the character of the neighborhood will be changed. Ms. Hesch also expressed concern that her property may experience tree loss around the perimeter if a new house is constructed as indicated. Mr. Byron told Ms. Hesch he understands her concern but pointed out portions of the new house will have shallow footings making any tree loss minimal. Mr. Byron also noted the new house will actually be farther from the property line, and as he reviews the plan, the new house should not be a problem. Ms. Hesch told board members she would like something in writing stating if trees on our property die within five years they have to be replaced by the Hoelters. Mr. Workinger commented he believes pine trees have a shallow root system, adding that we as a board can only suggest that care be taken during construction that would minimize tree loss on the subject site, and on the adjoining property. Ms. Hesch asked what can we do if our trees die as a result of construction of a new home on the subject site. Mr. Byron responded that that issue is beyond the regulation of this board and is a private matter. Mr. Byron added he agrees with Mr. Workingers comments that we can suggest care be taken during construction to prevent tree loss. Mr. Workinger commented that he believes the proponents want to save as many trees as possible, and should be sensitive to the request to reduce impact. Ms. McClelland encouraged the proponents to speak with their builder, and share the concerns expressed at this meeting regarding potential tree loss. Mr. Patton asked the proponents if the house is going to be removed or razed. Ms. Hoelter responded the house will be razed. Mr. Hesch reiterated he is opposed to the proposal. He stated his property values will be reduced and his family's privacy will be lost. Mr. Hesch stated he is not convinced of the greater good if this variance is granted. Mr. Workinger asked if access to the garage will be off Fuller. Ms. Hoelter said the garage will gain access from Fuller. Mr. Byron moved variance approval subject to staff conditions, noting as a 3 I result of granting the variance there is a reduction in encroachment into the front and side yard, and this reduction creates an overall improvement bringing the lot more into conformance. Mr. Byron acknowledged this may be a neighborhood in transition, with the potential for future variance requests, but it should be understood that variance requests are heard and acted on on an individual basis. Each situation is different. Mr. Patton seconded the motion. All voted aye; motion carried. B-94-40 Gerald and Esther Williams 5301 Kellogg Avenue Lot 20, Block 5, South Harriet Park Request: A 13.92 sidestreet setback variance for a garage addition and a 5.92 foot side street setback variance for living area Ms. Aaker informed the board ;`:e subject property is located in the southwest corner of Kellogg Avenue and West 53rd Street. The property consists of a two story home with a single stall detached garage. The homeowners are proposing an addition to the home which will include a family room, breakfast area, two car garage, and 2nd story master bath and walk-in closet. Ms. Aaker concluded given the limitations of the subject narrow corner lot supports the request. Ms. Aaker stated staff would recommend that the applicant oe made aware that Ordinance 1046 indicates that cars cannot be parked within 15 feet of the traveled portion of the street therefore parking on the proposed driveway may be prohibited. The proponents Mr. and Mrs. Williams were present. Mr. Patton questioned if the fence will be removed. Mr. Williams responded the fence will be removed from city property. Ms. McClelland asked if the existing garage slab will also be removed. Mr. Williams said the slab will be removed, and the area will be returned to grass. Mr. Byron noted staff's comments that vehicle parking in the driveway may be prohibited because of setback requirements and asked Ms. Aaker if 15 feet is maintained can a vehicle be parked legally. Ms. Aaker explained a vehicle can legally be parked 15 feet from the curb but much depends on the size of the vehicle that will be parked. Mr. Byron questioned what is accomplished by informing the proponents they may not be able to legally park it ; eir driveway. Ms. Aaker explained the reason for informing them of the ordinance requirement is as a courtesy, and an acknowledgement from the city there may be a possibility that the parking of certain 9 r sized vehicles may violate Ordinance 1046, which could result in a citation. Ms. Aaker concluded this ordinance is enforced on a complaint basis, adding she believes in this situation vehicle parking should not create any problems. Mr. Patton asked if the proposed addition will have a full basement. Mr. Williams said the addition will have a full basement. Mr. Byron asked the proponents if they feel they can park their vehicles in the driveway without jutting out into the street. Mr. Williams stated he can park his car in his driveway without jutting into the street. Mr. Patton observed the proposed addition will cause loss of trees. Mr. Williams responded that is correct, there will be tree loss as a result of the proposal. Mr. Williams submitted letters of support for the proposal. Mr. Workinger stated in his opinion it is a shame that mature trees will be lost as a result of the addition, but in his opinion the project is good, and he supports the request as submitted. Mr. Patton moved variance approval subject to staff conditions and the additional condition that materials used are to match the existing structure. Mr. Workinger seconded the motion. All voted aye; motion carried. B-94-41 Paul and Becky Walser 4609 Browndale Avenue Lot 5, Block 12, Country Club District Browndale Section Zoning: R-1 Request: A 5.16 foot frontyard setback variance for a front terrace. Ms. Aaker told board members the subject property is located on the East side of Browndale Avenue within the historic Country Club district. The home is a two story "Pivotal" New England Colonial Revival style home built in 1937. Homes that are listed as "Pivotal" within the district are those homes which accurately represent a particular identified style. 5 The homeowners are proposing the addition of an 8' X 17' extension of the front steps. The Edina city ordinance allows unenclosed stoops or steps not exceeding 50 square feet in area, sidewalks and driveways to encroach into frontyard areas however, not patios or a terrace as proposed. The average frontyard setback along the block (to curb) is 58 feet. The homeowners hope to accomplish a setback of 52.83 feet. Ms. Aaker concluded given the aforementioned finoings staff can support the reque as submitted subject to: That the patio remain unenc: .. nd uncovered. * Materials match the existing st ^.Is. Alison Wilson architect for the Walsers gnt. Ms. Mc .1elland asked if the base would be brick. N's. Wilson responded that is correct, the base will be matching brick. Mr. Patton moved variance approval subject to the condition that materials match the existing structure, and the overhang remains unenclosed. Mr. Byron seconded the motion. All voted aye; motion carried. II1. ADJOURNMENT: The meeting was adjourned at 6:45 p.m. Jac ie nnraenakker R