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