HomeMy WebLinkAbout1996 02-15 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF
THE EDINA ZONING BOARD OF APPEALS
HELD ON THURSDAY, FEBRUARY 15, 1996
5:30 P.M., MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Chair, Helen McClelland, David Byron, Mike Lewis, Lorelei
Bergman
MEMBERS ABSENT: Don Patton
STAFF PRESENT: Kris Aaker, Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
Minutes of the December 21, 1995, meeting were filed as submitted.
II. NEW BUSINESS:
B-96-6 Joy Pearsons and Felix Veliath
5116 Skyline Drive
Lot 12
Request: A 12 foot frontyard setback variance
Ms. Aaker informed the Board the subject property is located west of Skyline Drive
and consists of a one story rambler with an attached two car garage. The property owners
are hoping to add a 10 X 20 foot addition to the east of the garage to align with an existing
front building wall. The addition is to accommodate a new kitchen, mudroom connection
between garage and kitchen and a service entrance from the driveway to the new
mudroom.
Ms. Aaker concluded that given that the addition will not extend beyond the front
wall of the existing house staff can support their request as submitted.
The proponent, Ms. Pearson was present to respond to questions.
Ms. McClelland pointed out if the street continued in a straight line instead of
curving into the subject site a variance would probably not be required. Ms. Aaker agreed,
she added the curvature of the street in this instance may create the need for a variance.
Mr. Lewis moved approval subject to the use of matching materials noting a
hardship was created because of the curve in the street and the steep topography to the
rear of the site. Ms. Bergman seconded the motion. All voted aye; motion carried.
B-96-7 Nancy and Chris Doan
5809 South Drive
Lot 1, Block 7, Mirror Lakes in Edina
Request: A 10.44 foot frontyard setback variance
Ms. Aaker informed the Board the subject property is a corner lot located in the
south east quadrant of the intersection of Dundee Road and South Drive. The home
consists of an L-shaped rambler with an attached two car garage. The property owners
are proposing to add onto their master bedroom in the frontyard area.
Ms. Aaker explained the Zoning Ordinance requires that all additions to the front
of a home must maintain the average frontyard setback that is occurring along that side
of the block between intersections. The average frontyard setback along the block is
45.44 feet, the homeowners are hoping to add 11'4" onto the front of their home. The
property owners had hoped to add 16 feet onto the master bedroom, however, the
architect in charge of the project believes that a 12 foot addition would accommodate the
homeowners's needs, upon further review the architect suggested a 11'4" addition to
maintain a minimum 35 foot frontyard setback.
Ms. Aaker concluded the city has been very protective of frontyard setbacks and
has been very cautious in approving them. Staff as always agreed with this approach,
however, believes the addition would have limited impact on the block.
The proponents, Mr. and Mrs. Doan were present. Mr. Jay Anderson, architect for
the proponents was also present to respond to questions.
Mr. Lewis asked Ms. Aaker if a variance was required for the garage addition. Ms.
Aaker said a variance was not required.
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Mr. Lewis questioned if the property is close to the maximum allowed for lot
coverage. Ms. Aaker said with the proposed addition lot coverage is just under the
allowed 25%. Continuing, Ms. Aaker pointed out the lot is very wide and sideyard spacing
is adequate.
Ms. McClelland said she has a real problem with this proposal. She pointed out the
Board is very protective of frontyard setbacks, noting the houses across the street all have
very deep uniform frontyard setbacks.
Mr. Lewis asked the reason the addition cannot be constructed out the rear. Mr.
Anderson explained because of the internal layout of the house the orientation of the
addition need to stay to the front of the house. Continuing, Mr. Anderson said he believes
the design is sensitive to the existing character of the house, and pointed out all neighbors
within 200 feet have expressed their support. Mr. Anderson asked the Board to note the
house immediately next door has an encroachment into the frontyard setback area.
Ms. McClelland said this issue does not only affect this block, it is the entire
neighborhood. Ms. McClelland pointed out a great deal of remodeling is occurring within
the City, reiterating maintaining the character of the Citys streetscape is very important.
Mr. Doan explained to Board Members he believes they have a real hardship
because the house was constructed without a basement. He added additional storage is
needed in the house, and as mentioned previously, the addition needs to be oriented to
the front.
Mr. Byron stated he also has concerns. He asked Mr. Anderson if the exterior
window treatments will remain. Mr. Anderson responded that visually the appearance of
the house from the street remains unchanged. Mr. Byron asked if the roof line will change.
Mr. Anderson said the appearance of the roof will not change, it will just be extended.
Mrs. Bergman asked Mr. Anderson what is actually changing in the interior. Mr.
Doan responded what we are really trying to add is additional closet area, and also the
desire for a larger master bedroom.
Ms. McClelland said that while she understands the desire for additional storage
space, it does not constitute a hardship. Mr. Doan reiterated there is no basement, and
the house was originally constructed with the roof at a very low pitch making it impossible
to expand up.
Mr. Lewis said he struggles with this request because he cannot find a hardship.
He added he is very concerned with the setting of a precedent. The variance requested
is large and out of character for the neighborhood, especially across the street.
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Mr. Doan explained to Board Members he has worked very hard with the architect
to design an addition that compliments the character of the house, with virtually no visual
change from the street.
Mrs. Bergman asked Mr. Doan if the plans continue the glass block. Mr. Doan said
that has not been decided but if the Board feels strongly that the glass blocks should be
extended they will be extended.
Mr. Anderson reiterated any impact from the street will be minimal, and will not be
noticed. Mr. Anderson pointed out the property next door has an overhang that protrudes
into the frontyard setback area.
Ms. McClelland addressed the proponents explaining it appears a majority of Board
Members are struggling with the magnitude of the frontyard setback variance requested.
Ms. McClelland asked the proponents if they would be willing to redesign their plans to
reduce the setback
Mr. Anderson asked the Board if they would be comfortable in approving a frontyard
setback variance of around 8 feet if the addition is redesigned to match the frontyard
setback of the adjoining house. Ms. McClelland said without viewing revised plans she is
not willing to commit.
Mr. Byron said he would be willing to take a good look at an 8 foot variance if the
addition is redesigned to match the setback of the adjoining house, but concluded he
cannot make a decision without viewing the plans.
Mrs. Bergman moved to recommend the variance be continued allow the
proponents time to redesign the addition. Mr. Lewis seconded the motion. All voted aye;
motion carried.
B-96-8 Paul O. Sanderson
5117 Schaefer Road
Lot 24, Auditor's Subdivision No. 325
Zoning: R-1
Request: A variance from Ordinance 850.07, Subd. 20, B.I. regarding
alterations to a non -conforming structure
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Ms. Aaker informed the Board the subject property is located on the east side of
Schaefer Road, south of Interlachen Boulevard. The property consists of a two story home
and an accessory stable barn. The variance request is to allow the rehabilitation and
remodeling of the existing non -conforming stable that is presently in a state of disrepair.
Ms. Aaker pointed out the stable building pre -dates our current Ordinance
standards, and is non -conforming in terms of size, height and use. The Ordinance allows
for repairs, maintenance and remodeling of non -conforming buildings, however, alterations
cannot involve more than 50 percent or more of the gross floor area without obtaining a
variance, and the proposed alterations are more than 50 percent. Ms. Aaker also noted
the property owners are hoping to repair and restore the exterior facade that is similar in
design and materials to the home located on the property.
Ms. Aaker remarked the original purpose of the building is no longer an allowed
use in the City. The building had been constructed for, and had been used as a horse
stable, and horses can no longer be kept within the City limits. Ms. Aaker said in her
opinion it would be unreasonable to expect that the building be refurbished as a stable
when the use is no longer an allowed or appropriate use for the setting.
Ms. Aaker concluded by reiterating staff is of the opinion it is unreasonable to
expect the homeowner to repair the building to maintain it as a stable. All of the physical
conditions with regard to the building are existing and pre -date the Ordinance. There has
been no request to increase the size or scale of the building. The changes to the building
occur in the interior and involve the use of the building. Staff supports the refurbishing
of the structure and believes it is a reasonable use of the structure given its' existing size
and floor area and given the overall lot area of the parcel. Any approval of the project
should include the following condition:
*The recording of a deed restriction with Hennepin County prohibiting the use of the
building as a separate dwelling unit
The proponents were present along with their architect, Mr. Porth to respond to
questions.
Mr. Lewis asked Ms. Aaker if she has been inside the stable. Ms. Aaker said she
visited the stable, and found there have been no recent improvements made to the
structure, possibly since it was constructed. Ms Aaker added that she believes the
structure may be sound, but is in need of immediate securing. Continuing, Ms. Aaker
reiterated the stable needs to be secured, and major refurbishing done to the interior to
make it livable.
Mr. Lewis remarked at present the stable can be considered an attractive nuisance.
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Ms. Aaker said that is correct.
Ms. McClelland asked if the stable has plumbing. Mr. Sanderson said the stable
is plumbed and served by a private well. He added it is our intent to tie the stable into the
plumbing for the house.
Ms. McClelland noted as she visited the site the stable appears to be very close to
the property line. Ms. Aaker said that is correct, it is very close. The City does not have
a survey on record depicting the location of the stable.
Mr. Lewis said he is convinced the stable has historic value, and questioned Ms.
Aaker if she is aware of any other similar accessory buildings on large lots that have
plumbing.
Ms. Aaker said she has no idea if there are other properties in Edina that have out
buildings with plumbing similar in nature to the stable/carriage house.
Mr. Byron said he understands the significance in preserving the stable, but has a
concern that in the future the property could be subdivided, and the stable used as a
separate dwelling unit. Ms. McClelland interjected that possibility has also crossed her
mind, adding if the Board agrees to approve the variance, as a condition of approval we
could require hooking the stable plumbing to the house, and recommending no separate
plumbing. She concluded this should prevent the stable becoming a separate dwelling
unit.
Mr. Roy Jensen, 5124 Blake Road told Board Members he has lived in the
neighborhood for many years, and pointed out the area near the stable is very low and
swampy, and in the past water has almost reached the doors of the stable. Mr. Jensen
said he has no objection to the proposal, and realizes the Board has to make a decision
to either allow restoration of the stable, or because of its deteriorating condition, have it
razed. Mr. Jensen remarked that he wanted the new property owners to be aware of the
potential water problems near the stable.
Mr. Porth agreed the building does appear near the low area, acknowledging it may
be a good idea to speak with representatives from the DNR regarding the potential for
flooding.
Ms. McClelland asked Ms. Aaker if she feels that the DNR may have solutions to
the standing water problem that Mr. Jensen said occurs. Ms. Aaker said in her opinion
contacting the DNR would be up to the property owners, and may be a good idea if it is felt
changes need to occur in the low area to prevent flooding of the existing stable.
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Mr. Byron reiterated that while he does not have a problem with this proposal, he
is unclear on the Boards options. Continuing, Mr. Byron said as he understands the
Ordinance the variance only relates to the alteration of the gross floor area or exterior wall
area of the building, not the use of the building Mr. Byron said the potential for
subdivision of this property, because of the creation of a separate dwelling is a concern.
Mr. Byron pointed out the Ordinance specifically states one dwelling unit per lot, and while
this is an e)dsting non -conforming structure the renovations technically create a separate
unit. Mr. Byron questioned if the Boards decision may not be in our jurisdiction.
Concluding Mr. Byron said in his opinion this item should be continued, with staff gathering
information on the Boards authority, watershed input, etc.
Mrs. Bergman said she does not have a problem with renovation of the stable, and
agreed that continuing the request is best.
Mr. Lewis moved to continue item B-96-8 requesting that staff request a memo from
Mr. Gilligan, City Attorney regarding the Boards authority in this matter, addressing the
drainage issue, and recommending that staff study properties in the City to see if any have
similar out buildings. Mrs. Bergman seconded the motion. All vote aye; motion carried.
III. ADJOURNMENT
The meeting was adjourned at 6:35 p.m.
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