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HomeMy WebLinkAbout1995 08-17 Zoning Board of Appeals Meeting Minutes RegularREGULAR MEETING OF THE EDINA ZONING BOARD OF APPEALS HELD ON THURSDAY, AUGUST 17, 1995 5:30 P.M., MANAGER' CONFERENCE ROOM MEMBERS PRESENT: Helen McClelland, Lorelei Bergman, Don Patton, Mike Lewis, David Byron STAFF PRESENT: Kris Aaker, Jackie Hoogenakker I. APPROVAL OF THE MINUTES: The minutes of the June 15, 1995, meeting were filed as submitted. H. NEW BUSINESS: B-95-33 Gary T. And Mary O'Brien 5112 Arden Avenue Lot 3, Block 1, Brucewood Request: An 8.25 foot sideyard setback variance Ms. Aaker informed the board the property is located on the west side of Arden Avenue just south of West 50th Street. The property consists of a two story home with a detached two car garage. The property owners are hoping to add onto the south side of their home to increase 1st and 2nd floor living space by adding approximately two - three feet onto their room spaces. Ms. Aaker explained the property owners are hoping to create a front entry foyer, covert a small den and porch on the main level into a family room and increase the area of the upstairs bedrooms to include converting a small bedroom into a master bedroom to include a bathroom. The number of bedrooms will remain at three. Ms. Aaker said the home is currently 7.93 feet to the south side property boundary. The addition to the south side of the home will provide a new setback of 5.5 feet from the property line. The Edina Zoning Ordinance requires a minimum ten foot sideyard setback for lots with widths of 75 feet or greater plus, six inches must be added to the minimum sideyard setback for each twelve inches building height exceeds fifteen feet. Building height of the addition will be 22.5 feet requiring a new sideyard setback of 13.75 feet. Ms. Aaker concluded staff believes the addition is a logical extension of the existing floor plan and supports the request. The proponents, Mr. and Mrs. O'Brien were present. Mr. Byron asked Ms. Aaker if she knows the building height. Ms. Aaker said the building height is 22 1/z feet, adding the building height has not changed. A brief discussion ensued with board members in agreement that the proposed addition will not negatively impact the neighborhood. Mr. Lewis moved variance approval subject to the plans presented and the use of like materials. Mrs. Bergman seconded the motion. All voted aye; motion carried. B-95-34 Gordon and Debbie Stofer 91 Woodland Circle Lot 5, Block 6 Request: A five foot sideyard setback variance and a variance to allow a deck in the flood plain Ms. Aaker informed the Board the subject property is located just south of Woodland Circle and consists of a walkout rambler backing up to Minnehaha Creek. The homeowners have planned an extensive remodel of the home to include adding height to the basement by adding two layers of block , picking up the house and shifting it to the west, replacing existing garage area with living area, adding to the east of the home to include a new garage, kitchen, laundry, family room and porch on the main level and game room and bedrooms on the lower level. Their plan also includes a deck to encroach into the flood zone area. Ms. Aaker explained the property owners purchased the home in 1995 and indicated to staff that they found the location, neighborhood and the creek desirable amenities which convinced them to purchase the property. Ms. Aaker concluded given the constraints and corresponding hardships with regard to the development of the property, staff supports the variances, however, would require tabling the request for a deck encroachment into the flood plain area until final plans have been drafted outlining the specific areas of encroachment. The proponents, Mr. and Mrs. Stofer were present to respond to questions. Interested neighbors were also present. Ms. McClelland commented when she visited the site she observed the proposal will result in the loss of a number of evergreens. Mr. Stofer said that is correct, adding he believes they will be able to save the large Maple tree. Continuing, Ms. McClelland asked if construction of the new driveway could create water run-off problems because of the topography, and questioned if the Engineering Department has commented on the proposed driveway location. Mr. Stofer added in his opinion the topography lends itself to natural run-off, and construction of the garage and driveway should not create any problems. Ms. Aaker responded that she spoke with Steve Lenz of the Engineering Department, who reviewed the plans, and indicated there should not be a problem with run-off if the driveway is properly constructed, and gutters are installed. Mr. Lewis commented in reviewing the proposal in his opinion the utility easement does present a legitimate hardship, and asked Mr. Stofer if he plans to replace the trees that will be lost as a result of this proposal. Mr. Stofer said the majority of tree loss will occur along the northeast border, and their plan is to install vegetation along this border which will help buffer the property visibly, and buffer any noise. Ms. McClelland pointed out because of the width of the house there is not much space available to plant large trees. Mr. Stofer agreed, large over -story trees may not be appropriate, but the planting of smaller ornamental trees, and bushes may be appropriate. Mr. Patton asked if staff believes soil conditions will support the proposal. Mr. Stofer interjected the builder will review the existing soil conditions, and will conduct soil tests to determine if the soil is adequate. Mr. Patton acknowledged there are hardships with the sewer line easement in the frontyard area, and the additional flood plain in the rear yard, and suggested constructing a swale which will benefit the neighborhood. Ms. Aaker said drainage review occurs at the building permit stage, and any conditions will be imposed at that time. Ms. McClelland responded that even if this issue is addressed at the building permit stage, it is good to note discussion on drainage. Ms. McClelland asked Mr. Stofer if he would be adverse to the board recommending the planting of trees/vegetation along the northeast border. Mr. Stofer reiterated he is willing to landscape along the northeast border of his property. Mr. Robert Dierst, 89 Woodland Circle told board members he does not have an objection to the variance request, and asked for clarification of the request. Ms. Aaker explained all renovation will occur on the subject property, and the proponents are proposing to lift the house off the foundation, and move it westerly. The required sideyard setback variance is a result of garage area being converted into living area. Living area requires a 10 foot setback , not five as depicted on the plans. The variance for the deck is a result of city setback requirements from waterbodies. Mr. Lewis moved to grant variance approval subject to the plans presented, adding the variance approval for the deck is conditioned upon review of deck plans by city staff, and the DNR regarding drainage, with the additional condition that trees are to be planted along the northeast border of the property to buffer the driveway from adjacent property owners with the suggestion that the vegetation be planted toward the street. Mr. Patton seconded the motion. All voted aye; motion carried. Mr. Byron asked if Mr. Lewis and Mr. Patton would accept a three foot encroachment limitation on the deck. Mr. Lewis and Mr. Patton accepted the amendment. The meeting was adjourned at 5:30. OJaiHoogenakker