HomeMy WebLinkAbout1995 07-20 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETING
OF THE ZONING BOARD OF APPEALS
HELD ON THURSDAY, JULY 20, 1995
5:30 P.M., MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: G. Johnson, R. Hale, D. Patton
MEMBERS ABSENT: McClelland, Workinger, Lewis
STAFF PRESENT: Kris Aaker, Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
The minutes of the May 18, 1995 meeting were filed as submitted.
II. NEW BUSINESS:
B-95-23 Robert Seeger
5515 Grove Street
Lot 3, Block 2, Warden Acres Austin Replat
Zoning: R-1
Request: A 1.1 foot sidestreet setback variance to convert a deck
into porch area
Ms. Aaker informed the board the subject property is located in the southeast
corner of Grove Street and Oak Lane. The home faces Grove Street with the sidewall
of the house and the garage opening fronting Oak Lane. Currently there is a deck
located on the west side of the home within the sidestreet area of Oak Lane. The
homeowners are hoping to convert the deck into a screen porch. In order to
accomplish the porch within the ordinance requirements the porch would require a
reduction in depth of 1.1 feet because the existing deck protrudes into the front yard
setback standard of 30 feet provided by the neighboring property to the south which
fronts Oak Lane.
Ms. Aaker concluded given the limited impact the proposal will have on
neighboring properties, and given the home owners are not changing an already
existing setback, staff supports the request.
The proponent, Mr. Seeger was present.
Mr. Seeger submitted to the chair letters of support from impacted neighbors.
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Mr. Rick Bale, 5805 Oak Lane was present and told board member he supports the
proposal.
Mr. Hale said in viewing the proposal there appears to be little impact on
adjoining properties.
Mr. Hale moved variance approval subject to the plans presented. Mr. Patton
seconded the motion. All voted aye; motion carried.
B-95-24 Richard and Lisa Bale
5805 Oak Lane
Lot 1, Block 1, Warden Acres Austin 2nd Replat embraced
within Lot 37, Warden Acres
Zoning: R-1
Request: A 1.5 foot rearyard setback variance for a deck addition
Ms. Aaker informed the board the subject property is located on the east side
of Oak Lane and just south of Grove Street. The property owners are hoping to
accomplish a 12 foot by 6 foot deck in the back yard area of the home. Currently
there is a doorway roughly three feet above grade along the back side of the home
that would access the deck.
Ms. Aaker concluded given the house location and limited buildable lot area,
staff supports the request.
Chairman Johnson said in viewing the proposal it appears the City created the
setback issue.
Mr. Hale asked Ms. Aaker if the City is planning to complete the street. Ms.
Aaker responded she is not sure.
Mr. Hale questioned who owns Outlot A that is depicted on the site plan. Mr.
Bale said Mr. Curtis Austin owns Outlot A. Mr. Hale said he has a concern with future
development on Outlot A because of its size.
Chairman Johnson pointed out if the area is to be redeveloped the people living
on Benton Avenue will have to unite, and push for subdivision. Chairman Johnson
said the City has been aware of the potential for redevelopment in this area because
of the large lot depths, but reiterated property owners need to unite to subdivide.
Mr. Patton asked Ms. Aaker what easement is depicted on the site plan. Ms.
Aaker said the easement is for a storm sewer.
Mr. Seeger, 5515 Grove Street told board members he supports the proposal.
Mr. Hale asked Mr. Bale if he has made any attempt to purchase property from
Outlot A. Mr. Bale said he has not approached the property owner.
Mr. Patton pointed out outlots are usually an area that cannot be built on for
one reason or another, and usually it is for drainage. Mr. Bale said he is not sure what
the situation is regarding this outlot. Ms. Aaker interjected it is correct that outlots
cannot be built on unless a replatting occurs, and many times because of easement
situations they cannot be built on at all.
Mr. Hale said while he does not have a problem with the request he is
uncomfortable with it because of potential development on Outlot A. Mr. Hale
reiterated that Mr. Bale should try to purchase property from Outlot A. Mr. Bale said
the reason for the addition of the deck is because when the house was constructed
the placement of the existing door was unusual, the door floats in the air.
Mr. Patton said he does not have a problem with the proposal. He
acknowledged there is a possibility of future redevelopment in the area, but that is not
known for sure, and the proposal before us this evening has minimal impact.
Mr. Patton moved variance approval subject to the plans presented. Mr. Hale
seconded the motion. Ayes; Johnson, Patton. Nay, Hale. Motion carried.
B-95-25 Steve and Kathy Johnson
5904 Tamarac Lane
Lot 2, Block 1, Gleason 2nd Addition
Zoning: R-1
Request: A 2.5 foot rearyard setback variance
Ms. Aaker explained the subject property is located on the west side of
Tamarac Lane, just north of Aspen Road. The homeowners are hoping to add a three
season porch onto the side (northwest area) of their home. The only opportunity for
expansion of the home is in the area proposed due to it's original placement.
Ms. Aaker concluded given the placement of the house on the lot and evidence
of hardship regarding limited buildable lot area, staff supports the request as
submitted.
The proponents, Mr. and Mrs. Johnson were present.
Chairman Johnson asked if staff has received any comments from neighbors.
Mr. Johnson said he spoke with the most impacted neighbors, and they
indicated they have no problems with the request. Ms. Aaker replied to date staff has
not received any negative comments from neighbors.
Chairman Johnson asked Mr. Johnson if it would be a problem to ask the
neighbors if they would write a letter for the file. Mr. Johnson said he would speak
with the neighbors, and submit the required letters.
Mr. Patton moved variance approval subject to the plans presented, and that
letters be submitted to the planning department from the property owners to the rear
and the property owner to the immediate north. Mr. Hale seconded the motion. All
voted aye, motion carried.
B-95-27 Vance O. Bushay
6737 Indian Way West
Lot 3, Block 1, Indian Hills West
Zoning: R-1
Request: A 21 foot setback variance from the ordinary high water
mark of a pond for a pool
Ms. Aaker informed the board the subject property is located on the end (east
side) of Indian Way West cul de -sac. The homeowners are hoping to accomplish an
inground swimming pool in their rearyard area that backs up to a pond. The pool will
provide a 25 foot setback from the pond to the edge of the pond to the required
decking around the pool and a 29 foot setback to the pools edge. In August of 1992,
the zoning ordinance was amended to require a 50 foot setback for all structures from
the edges of ponds, lakes or streams instead of a 25 foot setback that had been the
requirement prior to the 1992 amendment.
Ms. Aaker concluded the proposed inground pool will be consistent with the
pool located on the property to the north. In addition, it would appear that the
proposal would have limited impact on surrounding properties and the adjacent pond.
The proponent, Mrs. Bushay was present.
Chairman Johnson asked Ms. Aaker if the DNR mandates a 50 foot setback can
the City override it. Ms. Aaker said we can implement our variance process to amend
their mandate. Ms. Aaker pointed out Edina has a number of existing homes along
waterbodies that do not meet the current standard setback of 50 feet. These
properties are legally non -conforming, and a variance is the only alternative they have
if they desire to add on to their homes.
Mr. Patton said he has a problem with the mandate, and the restrictions it
places on property owners. He said he does not have a problem supporting this
proposal.
Mr. Hale moved variance approval. Mr. Patton seconded the motion. All voted
aye; motion carried.
B-95-26 The Philip Stephen Company/Phil Dommer/Leo Evans
Vernon Avenue Property
Zoning: R-1
Request: A 13 foot frontyard setback variance to construct a new
home.
Ms. Aaker informed the board The subject property is an undeveloped 9 + acre
parcel located south of Vernon Avenue and east of Olinger Road. The property
includes a portion of Hawkes Lake. The property is zoned R-1, which allows for single
dwelling unit development. Currently the property consists of one (large) parcel that
would allow for the construction for one single dwelling unit, until such time as the
remainder of the parcel is subdivided.
Ms. Aaker explained the developer is proposing to build a home in the northeast
corner of the site, fronting Vernon and backing up to Hawkes La Ke. The parcel area
in question is illustrated on the attached site plans. The proposed plan illustrates
conforming setbacks from all lot lines with the exception of the frontyard setback
standard.
Ms. Aaker concluded Staff believes that the proposed development concept
allows for the utilization of an otherwise undevelopable portion of a lot. Regarding the
frontyard setback issue, staff believes that the proposed plan would not negatively
impact the front streetscape along the subject's side of Vernon Avenue. It would
appear also that a house in the proposed location would not affect or impact the
remaining portion of the site that in all likelihood will be developed for residential
purposes in the future.
Mr. Phil Dommer, was present representing the proponent, Mr. Leo Evans.
Chairman Johnson asked Mr. Dommer what Mr. Evans plans are for the rest of
the property. Mr. Dommer said Mr. Evans has indicated he may sell the property,
develop the property himself, or not do anything with it.
Chairman. Johnson said he has a problem breaking off a small piece of such a
large tract of land. Chairman Johnson said this proposal is reminiscent of the Dalquist
property.
Mr. Dommer pointed out in this instance this parcel is physically separated from
the rest of the parcel. He pointed out the lake separates the subject area from the rest
of the property. Mr. Dommer also pointed out this parcel abuts an improved road.
Continuing, Mr. Dommer explained as he reviewed the Ordinance he believes a
variance is not required. He explained he interpreted the Ordinance to read when the
entire frontage between intersections is less than 25% developed the frontyard
setback is 30 feet. Mr. Dommer said his calculations found development at 12.7%.
Therefore a frontyard setback variance is not required.
Mr. Hale asked Mr. Dommer where the driveway is to be located. Mr. Dommer
said the proposed driveway will be located along the eastern property boundary.
Mr. Hale told Mr. Dommer Vernon Avenue is a very busy street, and will be
difficult to access without a turn -around. Mr. Dommer said the site will have a turn-
around so vehicles will enter Vernon Avenue without having to back out. Continuing,
Mr. Dommer pointed out another hardship on this site is the impact of the right-of-way
jog. He explained that technically setbacks have to be from the right-of-way and the
jog severely cuts into the property.
Chairman Johnson noted if you use the original property line, and not the right
of -way line, you wouldn't need a variance.
Continuing, Mr. Dommer said placing the proposed house at a 30 foot setbacks
allows preservation of trees and protection of the slope. Mr. Dommer pointed out this
site has many unique features, the topography, the lake, and the large right-of-way
jog.
Mr. Hale explained he is very familiar with the property, and has a problem with
the development of it, in a piece meal fashion. Mr. Hale said he is also concerned
with the 50 foot setback from Hawkes Lake. He said in his opinion the majority of the
homes around Hawkes Lake are setback more than 50 feet. Concluding, Mr. Hale said
if the subdivision process were set in motion the house would have to be setback 100
feet from Hakes Lake, not 50 feet.
Mr. Dommer said he understands when the property is subdivided the 100 foot
setback from the lake is required, but at this time the issue we are addressing in the
frontyard setback from Vernon Avenue. The setback from the lake is 50 feet, which
is maintained with the proposed plan.
Mr. McGrath, 5721 Vernon Avenue, told Board members he would like to see
this property developed at one time, not piece -meal. Mr. McGrath said in his opinion,
this portion of the property is hard to develop because of the steep terrain. He added
the house will need to be constructed in the hill, and the rear exposure will be
significant. Continuing, Mr. McGrath said if he remembers correctly, Mr. Evans
indicated this parcel would remain undeveloped, and dedicated as park or open space
area.
Property Owner, 5717 Vernon Avenue, told Board members in his opinion the
proposed home would create a traffic hazard if it were to become a model home for
the rest of the development. He added there already is too much traffic on Vernon
Avenue.
Mr. Dommer clarified the proposed house will not be used as a model home for
the property. Mr. Dommer said the home will be used either for Mr. Evan's personal
use when he desires, or as rental property.
Mr. K. Kohler, 5909 Merold said he is very concerned with future development
of the area, pointing out a significant feature of this site is the lake.
Ms. Mary Manning, 5611 Wycliffe said that while she does not object to the
proposal this evening, she wants some assurance when the rest of the site is
redeveloped the neighborhood gets a chance to be heard.
Mr. Hale said in his opinion there is a weakness in our procedural process. The
construction of one home on a site this large is not appropriate, especially when one
knows that in the future this area will be developed. Mr. Hale said this situation
reminds him of the situation along Schaefer Road, the Dalquist property.
Ms. Aaker said it is difficult to tell someone they cannot build a house on their
property, adding it would be very hard to mandate that lots over a certain size cannot
be developed with one house.
Mr. Dommer said he understands the concern regarding future development of
the property, adding he does not know when Mr. Evans will develop the rest of the
site. Mr. Dommer reiterated, the proposal this evening is for a frontyard setback
variance to construct a single family home.
Chairman Johnson acknowledged Mr. Dommers position regarding the
difference in Ordinance interpretation, and asked Mr. Dommer if he would like the City
Attorney, Mr. Gilligan to comment. Chairman Johnson added if Mr. Gilligan agrees
with your interpretation, a variance is not required, and a building permit can be
obtained without further hearings.
Mr. Dommer said it would be helpful if Mr. Gilligan clarified the City's position
regarding frontyard setback.
Mr. D. Wagner, 5709 Olinger Road, told Board members he is very interested
in the development of the Evans property. He added he does not have a issue with
what is proposed this evening, but wants to be informed when future development
occurs.
Mr. Tom Cain, 5900 Merold, informed Board members he is concerned with the
future development of the site, and wants to be informed when the process begins.
Ms. Aaker explained when Mr. Evans submits a application to subdivide his
property informational signs are posted on all street frontages surrounding the
property. Notice is also mailed to all single family property owners informing them
when the planning commission will meet to hear the request.
Mrs. Alice McGrath stressed in her opinion the topography of the subject
property is too steep, and anything that is constructed on this site will appear too tall
from the rear.
Mr. Hale moved to deny the request, and recommend that any future
consideration of this property be referred to the Planning Commission.
There was no second to Mr. Hale's motion.
A discussion ensued regarding what the appropriate motion is for this request.
Chairman Johnson suggested that the item be tabled until staff receives an ordinance
interpretation from the City Attorney.
Mr. Patton moved to table B-95-2 until staff receives an ordinance interpretation
from the city attorney. Mr. Hale seconded the motion. Chairman Johnson added if
Mr. Gilligan agrees with the interpretation by city staff, that Mr. Hale be asked to sit
on the board. All voted aye; motion carried.
Chairman Johnson told members of the audience if the City Attorney's
interpretation supports the interpretation of Mr. Dommer, Mr. Dommer will not need
a variance, and can proceed to obtain a building permit without further board action.
III. ADJOURNMENT:
The meeting adjourned at 6:45 p.m.
ie Hoogenakker