HomeMy WebLinkAbout1995 02-02 Zoning Board of Appeals Meeting Minutes Regulars
MINUTES OF THE REGULAR MEETING OF THE
EDINA ZONING BOARD OF APPEALS
HELD ON THURSDAY, FEBRUARY 2, 1995
5:30 P.M., MANAGERS CONFERENCE ROOM
MEMBERS PRESENT: Acting Chair, Lee Johnson, Nan Faust, Len Olson, Ann
Swenson
STAFF PRESENT: Kris Aaker, Jackie Hoogenakker
I. APPROVAL OF THE MINUTES
Minutes of the December 1, 1994 meeting were filed as presented.
II. NEW BUSINESS:
B-95-1 Michael and Susan Burnett
4514 Wooddale Avenue
Lot 13, Block 7, Country Club District
Request: A 7.7 foot sideyard setback variance
Ms. Aaker informed the board the subject property is located on the west side
of Wooddale Avenue between Sunnyside Road and West 46th Street. The home is
an English -cottage style home built in 1935 and is listed as pivotal in the historical and
architectural survey of the Country Club District. "Pivotal" buildings are buildings of
historical and or architectural importance that define the significance of the district,
and are those encouraged to maintain their original character from the street view.
Ms. Aaker added the property owners are planning to remodel the existing
attached two car garage into a family room, and to add a new detached two car
garage in the southwest corner of the rearyard. None of the improvements would
change the appearance from the streetscape with the exception of the new detached
garage in the rearyard.
Ms. Aaker pointed out the existing garage is 2.3-3.3 feet from the north side
yard property boundary. The current minimum sideyard setback for a garage is five
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feet. Setback for living area on lot widths greater than 75 feet is 10 feet. The lot in
question has a width of 80 feet so a deeper 10 foot setback applies to all living area.
Ms. Aaker said the homeowners have modified their desired plan so that the
garage conversion will not decrease an already existing non -conforming setback. The
homeowners had originally planned to add four feet onto the back end of the existing
garage to provide a wider area for the family room and to add an area near the kitchen
along the north building wall. The add-ons would have decreased the existing non-
conforming setback farther so the homeowners had their architect redesign to not
introduce added encroachment. The plan also included a trellis area which would have
decreased sideyard setback allowed for an overhang to 2.08'.
Ms. Aaker concluded the zoning ordinance allows the repair and maintenance
of existing non -conforming structures, it does not however, allow the conversion of
the garage to living area at an existing substandard setback without review by the
zoning board of appeals. The house was constructed closer to the north property
boundary than what is currently allowed. Ms. Aaker explained it should also be noted
that the north building wall does not run parallel with the north lot line, which creates
a closer setback as the north wall extends towards the rearyard. Although the board
has not generally approved setbacks closer than three feet to the sideyard for new
construction, this proposal is for a conversion of existing space with no change in
building mass.
The proponents, Mr. and Mrs. Burnett were present.
Mrs. Swenson questioned if the proposed fireplace will encroach into the
setback. Mr. Burnett stated the fireplace will not project into the sideyard setback,
any indication of a fireplace is only from the roof. Mrs. Swenson commented if the
fireplace will not project into the setback it will have to be constructed within the
existing building wall, noting that wall will have to be rebuilt. Mrs. Swenson asked
what material will be used for the exterior of the proposed freestanding garage. Mr.
Burnett stated the freestanding garage will be constructed with like materials, stucco
and shakes.
Mrs. Faust asked Mr. Burnett if the proposed garage roof will have a high pitch.
Mr. Burnett said the garage roof is not designed with a high pitched.
Mr. Olson questioned if the large elm tree will be removed as a result of this
proposal. Mrs. Burnett said the large elm tree will not be removed, but the flowering
crab tree may have to go. Mr. Olson asked if the same driveway will be used to serve
the new garage. Mr. Burnett said the same driveway will be used, but the turn around
will be removed.
Mr. Johnson asked Mr. Burnett how much of the existing garage will remain
after all the renovations. Mr. Burnett said the north building wall should remain pretty
intact, the west wall will have the addition of a bay window, and the south building
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wall will be moved in about three feet. Mr. Johnson asked what type of roof is
proposed over the addition. Mr. Burnett stated the roof will remain as is, flat. Mr.
Johnson asked if the interior floor will remain at the same grade. Mr. Burnett stated
it will be raised, and will be approximately one step below the grade of the kitchen.
Mr. Olson asked Mr. and Mrs. Burnett their plans for windows along the north
building wall. Mr. Burnett stated the windows planned for the north building wall are
small and will be located along the top of the building wall.
Mrs. Faust asked Mr. and Mrs. Burnett if they have received any comments or
letters from their neighbors, especially the neighbor to the north. Mrs. Burnett
submitted letters of support, one letter was from the neighbor to the north.
Mr. Johnson noted in reviewing the building plans submitted it appears there
will be considerable disruption to the building walls of the existing garage to create the
family room. Mr. Johnson asked the proponents if they considered moving the garage
wall over three or four feet. Mr. Burnett explained if they move the entire building
wall over three feet it will come too close to the existing dining room windows.
Mr. Johnson stated he has a problem approving anything, (especially living
space) with a setback under three feet, adding he is not aware of any property in the
city that has been granted a variance to allow living space less than three feet from
a lot line. Continuing, Mr. Johnson reiterated, the walls of the existing garage will be
considerably altered, if not removed, and in reviewing the proposal it appears the only
thing that will be salvaged are the footings. Mr. Johnson concluded that in his opinion
there is adequate space to move the building wall over three feet, and maintain a five
foot setback. A 2.4" setback is too close!
Mr. Burnett said he can understand the hesitation in approving a variance of this
magnitude, adding he believes they do not have a choice. If the building wall is
moved over, the dining room windows will be compromised, and the result will be a
long thin family room. Mr. Burnett concluded it is not the configuration we wanted
to achieve.
Mrs. Burnett interjected another concern of hers is access to the rear of the
home. She pointed out the rear entry access has always been undesirable, and the
proposal as submitted addresses this unusual existing configuration.
Mr. and Mrs. Burnett approached board members, discussed and reviewed with
them the proposal.
Mr. Johnson, after discussion at the table, stated he cannot support a setback
for living space less than five feet from an interior property line. He pointed out
adequate circulation around the addition is a necessity for maintenance and to avoid
trespass. Mr. Johnson pointed out, in his opinion, because of the magnitude of the
disruption to the building walls, (the possibility of their removal) this should be
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considered new construction, and we can ask that new construction be brought into
compliance. Mr. Johnson reiterated, he in good faith, cannot support a setback of
less than five feet.
Mrs. Faust explained to Mr. and Mrs. Burnett their lot is 80 feet in width, and
city ordinance requires on lots 75 feet in width and larger that they maintain a 10 foot
sideyard setback for living space. Mrs. Faust pointed out if this board were to
consider approving living space at five feet, you would still require a five foot sideyard
setback variance. Continuing, Mrs. Faust stated it has been her experience on this
board that the board has approved variances under five feet only for garages, adding
the boards comfort level for garages from a lot line is three feet, concluding, living
space has always been a minimum of five feet.
Mr. Burnett stated they have struggled with plans for an addition to this house
for quite some time, and believe what is presented is best. Continuing, Mr. Burnett
stated they do not want the family room appearing to be hanging off the dining room.
Mrs. Burnett reiterated their struggle with the rearyard access. Commenting there
never has been an adequate rear entrance into the house.
Mrs. Swenson asked Ms. Aaker why the lot line is so strange for this property.
Ms. Aaker commented the house was constructed a number of years ago, there may
have been a field error, or they may have chosen to construct the house this way.
Mrs. Swenson pointed out the corner of the existing garage at present is non-
conforming. Ms. Aaker said that is correct, the corner of the existing garage is non-
conforming. Mrs. Swenson stated, as she views the situation, she agrees, the
building wall should be moved over to maintain the minimum five foot sideyard
setback. Mr. Johnson interjected he feels the same, adding he cannot support
anything under five feet.
Mr. Burnett said he is not sure this can be redesigned to meet a five foot
sideyard setback. Mrs. Faust reiterated, if the board approves a five foot sideyard
setback, we are still granting you a considerable variance. Your lot is 80 feet in
width, and the setback for living space on an 80 foot lot is ten feet, not five.
Mrs. Swenson commented it appears after listening to the discussion this
evening the feeling of the board is to suggest that you redesign to maintain a five foot
sideyard setback. Mr. Burnett pointed out if we have to maintain a five foot setback
the existing garage will have to be removed.
Mr. Johnson said in his opinion there are two options. Option one would be to
continue this to allow time for redesign, or option two, we can vote, and if denied,
our decision can be heard by the city council in the form of an appeal.
Mr. Burnett requested that the meeting be continued to allow time to reconsider
and possibly redesign.
Mrs. Swenson asked the minutes to reflect if this issue is re -heard by a different
board they understand this board indicated support for maintaining a five foot sideyard
setback for living space.
111. ADJOURNMENT:
The meeting was adjourned at 6:30 p.m.
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