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HomeMy WebLinkAbout1994 12-15 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE EDINA ZONING BOARD OF APPEALS HELD ON THURSDAY, DECEMBER 15, 1994 5:30 P.M., MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Chairman Gordon Johnson, Mike Lewis, Geof Workinger MEMBERS ABSENT: Don Patton, Helen McClelland STAFF PRESENT: Joyce Repya, Jackie Hoogenakker I. APPROVAL OF THE MINUTES: The minutes of the November 17, 1994 meeting were filed as presented. II. OLD BUSINESS: B-95-56 - Jerry Nelson Continuation 4116 West 44th Street Request: A 2 foot driveway width variance Ms. Repya informed the board the original variance request was for a substandard drive along the west property line, adding this approach would require an easement from the neighboring property in order to avoid trespass. Ms. Repya stated the request was continued by the board to allow time to resolve the situation. Ms. Repya explained the proponent has opted not to pursue the easement, but instead has proposed a new drive along his easterly property line. The new drive would be approximately 10 feet wide. Thus, a two foot driveway width easement is required. Ms. Repya concluded the revised variance request provides a realistic private drive width and avoids the need to encroach on a neighboring properties. Staff recommends approval of the two foot driveway width variance with the following conditions. 1. Curb cut permit for new drive to include removal and restoration of existing curb cut and driveway. 2. New drive to be constructed with hard surface material as required by the Zoning Ordinance. The proponent, Mr. Nelson was present. Chairman Johnson asked Mr. Nelson if he has any comments or additions he would like to voice. Mr. Nelson stated he has no additional comments or additions. Mr. Lewis moved variance approval subject to staff conditions. Mr. Workinger seconded the motion. All voted aye; motion carried. III. NEW BUSINESS B-94-62 Jim and Jan Tyson 5101 Arden Avenue Lot 1, Block 4, Brucewood Request: A 4.65 foot frontyard setback variance Ms. Repya informed the board the subject property is located on the southeast corner of Arden Avenue and West 51 st Street. The property consists of a two story colonial built in 1941. The homeowners are proposing a front overhang with posts which will encroach into the required frontyard setback area. Ms. Repya concluded staff supports the request as submitted. Mr. Noonan, Noonan Construction was present representing the proponents. A brief discussion ensued with board members acknowledging over the past year it has become common to hear variance requests to "dress up" front entry ways. Mr. Lewis moved variance approval subject to the entry way remaining unenclosed, and the use of consistent materials. Mr. Workinger seconded the motion. All voted aye; motion carried. B-94-63 James Froeber 5616 Wooddale Avenue Lot 5, Block 4, Subdivision of Littel Park Request: A 30 foot lot width variance and a 585 square foot lot area 2 variance Ms. Repya explained the subject property is an existing platted lot which is developed with a single family home and a large detached garage. The dimensions of the lot are 45' X 187' providing a total lot area of 8,415 square feet. The property is in a line of six 45 foot lots. Four of the lots have been combined into two 90 foot lots. The subject property and an adjacent property continue to maintain the 45 foot lot width. The proponent is proposing to tear down the existing dwelling and construct a new home with an attached garage. The existing detached garage will be modified to a 15' X 24' storage shed. Ms. Repya concluded staff finds the proposed dwelling will blend in well with the surrounding neighborhood and will be a vast improvement to the property which has come into a state of disrepair. Ms. Repya said considering that the proposal meets all ordinance requirements and requires variances only for the non -conforming nature of the lot, staff recommends approval of the variance request subject to the plans presented. The proponent, Mr. Froeber was present. Mrs. Sally Lee, neighbor to the north, told board members she wants assurance that the house that will be constructed is the same as depicted on the plans. Ms. Repya stated a condition of approval is subject to the plans presented. Mr. Workinger asked the proponent why he is proposing to use the old garage as a shed. Mr. Froeber said due to the small width of the lot, creating tight setbacks, it is beneficial to have a storage shed in the rearyard area. Continuing, Mr. Froeber said he plans to modify the existing garage, and reconstruct in its place a storage shed that will look similar to the proposed new home. Mr. Workinger said his question regarding the garage/shed was more for curiosity, adding he also wants assurance that the shed will not be used as living area, or as a home business office. Mr. Arnold stressed the shed will only be used for storage. Mrs. Lee interjected she represents Mrs. Gunn immediate neighbor to the north and wants it noted that Mrs. Gunn would not appreciate anyone using her property for construction equipment. A discussion ensued with board members agreeing the proposed new home better suits the neighborhood, adding as a condition of approval, that it be noted the existing garage (new shed) can be used only for storage, not as living space. Mr. Lewis moved approval subject to the plans presented, with the additional conditions that all materials used for the existing garage/shed renovation match the 3 new house, that the proponent supply staff with a copy of the purchase agreement option, acknowledging that the immediate neighbor to the north Mr. Gunn is sensitive to construction disruption, and care must be taken to not trespass. Mr. Workinger seconded the motion. All voted aye; motion carried. B-94-64 Robert A. Arnold 5113 Lake Ridge Road. Lot 6, Mirror Lake Ridge Request: 20 foot rearyard setback variance Ms. Repya informed board members the owners are proposing to substantially remodel and expand the existing dwelling. The additions include a new garage stall, new entry, partial second floor, kitchen expansion, and new deck and patio. The proposed kitchen/breakfast area and deck and patio encroach in the required 75 foot setback from the Ordinary High Water Mark (OHW) of Mirror Lake. The proposed deck comes within 55 feet of the OHW, thus, a 20 foot setback variance is requested. Ms. Repya explained as part of remodeling the existing deck areas will be removed. The deck areas were constructed in 1984 and are slightly closer to the lake than the proposed new deck and patio. Ms. Repya said the 75 foot lake setback requirement was added in 1992 to provide a standard which was more protective than the standard 25 foot rearyard setback. In this instance the location of the existing home precludes any improvements on the lake side. The homes along Lake Ridge Drive sit relatively high relative to the shore line. The rearyards slope gently then drop abruptly to the lake. There is a heavy tree line near the drop off point. Ms. Repya concluded staff recommends approval of the variance. The variance does not violate the intent of the ordinance. It would allow improvements which are similar to that of other properties in the vicinity without altering the character of the shoreline as viewed from the lake. Further, the new improvements will have a slightly greater setback than that provided by the existing improvements. Approval should be conditioned on the plans presented. The proponent, Mrs. Arnold was present. CI Mrs. Arnold told board members she has spoken with neighbors on either side and they indicated they do not object to the proposal. Mrs. Arnold added to date she has not heard anything negative regarding the proposed remodeling. Mr. Norm Garnezy, 5115 Lake Ridge Road, questioned how far away from the lake will the house be located after the remodelling. Mrs. Arnold explained the remodelled home will not be any closer to the lake than what exists today. Mr. Garnezy questioned if construction will be sensitive to the rearyard area. Mrs. Arnold said straw bails will be used to prevent any erosion. Mr. and Mrs. Brenny 5121 Blake Road were present and explained they are new to the city and expressed their pleasure in living in Edina, and the care the city takes in reviewing plans. Mr. Garnezy told Mr. and Mrs. Brenny he enjoys the plantings they have planted and extended a welcome to Mrs. Arnold, adding he is in favor of their remodelling. Mr. Workinger noted it appears from the site plan that the home appears to sit farther up from the lake. Mrs. Arnold said that is correct, the rearyard of the property slopes gently away, and then takes a steep drop. Continuing, Mrs. Arnold noted the new decks will not be as close to the lake as the existing deck, and the remodelling in her opinion will benefit the neighborhood. She added all exterior materials will match, and will be new. Mrs. Arnold concluded in her opinion the entire exterior of the house will improve. Mr. Workinger acknowledged the uniqueness of the site and moved approval of the variance subject to the plans presented. Mr. Lewis seconded the motion. All voted aye; motion carried. IV. ADJOURNMENT The meeting adjourned at 6:10 p.m. -c' Hoogenak r