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HomeMy WebLinkAbout1996 03-21 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE EDINA ZONING BOARD OF APPEALS HELD ON THURSDAY, MARCH 21,1996,5:30 P.M. MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Chair, Gordon Johnson, Helen McClelland, Don Patton, Geof Workinger MEMBERS ABSENT: Mike Lewis STAFF PRESENT: Kris Aaker, Jackie Hoogenakker L APPROVAL OF THE MINUTES: Minutes from the January 189 1996, meeting were filed as submitted. H. OLD BUSINESS: B-96-10 Michael Wood 5430 Grove Street Request: A 1.7 foot sideyard setback variance for a garage addition Ms. Aaker presented her staff report noting the proponent is asking for an extension of a previously granted variance explaining no construction has occurred on the site and the year time period has lapsed. The proponent, Mr. Michael Wood was present. Mr. Johnson asked Mr. Wood if anything has been changed to the plan since last approval. Mr. Wood said the plan is exactly the same. Continuing, he explained his business went soft, which was the reason for the delay in beginning construction. Mr. Johnson asked Mr. Wood when he would plans to begin construction. Mr. Wood said he would like to begin the project after the road restrictions have been lifted. Ms. Aaker told Board Members she received a telephone call from the neighbor immediately west of the subject site, and they expressed to her they have no problem with the plan as presented. Ms. McClelland said she is not happy with the proposal, she explained in her opinion the house is already to large for the lot and if another garage stall is allowed on the site the lot is over built. Ms. McClelland concluded in her opinion there is no hardship to support construction of a third garage stall. Mr. Johnson stated before he would consider granting this variance that he would like to see a letter from the immediate neighbor to the west supporting the proposal. Mr. Workinger asked what the required setback is for an attached garage. Ms. Aaker said the required setback is five feet. Mr. Workinger questioned who owns the retaining wall that runs along the property line. Mr. Wood said the retaining wall belongs to him. Mr. Workinger asked what will happen to the wall if variance approval is granted. Mr. Wood said the wall will be removed and a walkway constructed. Mr. Workinger said he would like to see plans that indicate the proposed walkway, and removal of the retaining wall. He added without viewing plans that depict this, he cannot make an educated decision. Mr. Workinger said he agrees with the observation expressed by Ms. McClelland adding if this variance were presented as a new request today he would not support it. Mr. Workinger asked Mr Wood the width of the proposed walkway. Mr. Wood said the walkway will be around five feet in width. Mr. Patton moved variance approval extension subject to the receipt of a letter of support of the neighbor to the immediate west. Mr. Johnson seconded the motion. Ms. McClelland said she cannot support the request, the mass is too extreme. Mr. Workinger said he also cannot support the request until he is able to view plans that show the walkway, and that a letter of support from the neighbor to the west is in hand. Mr. Johnson suggested to Mr. Wood that he request that the meeting be continued to the identical Board until a letter from the immediate neighbor to the west is submitted and that plans are drawn to indicate the walkway and removal of the retaining wall. Ms. McClelland moved to continued variance item B-93-10 allowing the proponent time to obtain a letter from the neighbor to the west and present plans depicting the walkway. Mr. Workinger seconded the motion. All voted aye; motion carried. Ms. McClelland asked Mr. Wood when the house was constructed. Mr. Wood said the Pa house was built in 1987. B-96-7 Nancy and Chris Doan 5809 South Drive Request: A 2.83 foot frontyard setback variance Ms. Aaker informed the Board this item was continued from a previous meeting requesting that the proponents redeisgn the plan to reduce the original request for a frontyard setback. The proponents, Mr. and Mrs. Doan were present. Ms. McClelland said in reviewing the plans in her opinion the proponents made a good effort to reduce the impact of the addition. Mr. Don pointed out a majority of the house meets the required frontyard setback with only a small portion encroaching into that setback. Mr. Johnson asked if the addition will have windows. Mr. Doan said the existing windows along the north elevation will be relocated, with a fireplace located in the east elevation. Continuing, Mr. Doan said the fireplace will be for supplemental heat, and any impact will be blocked from the street by the existing large evergreen tree. Mr. Johnson asked if any windows will be located in the east elevation. Mr. Doan said he is not sure, but if windows are located in the east elevation they will be matching block windows. Ms. McClelland moved variance approval subject to revised plans presented, requesting if any openings are made in the east elevation that they be glass block to match the existing glass block windows, and that approval be conditioned on the use of matching building materials. Mr. Patton seconded the motion. All voted aye; Motion carried. B-96-8 Paul O. Sanderson 5117 Schaefer Road Request: A variance from Ordinance 850.07, Subd. 20, Bl., regarding alterations to a non -conforming structure 3 Ms. Aaker informed the Board the variance was continued to allow time for the City Attorney to respond to questions regarding precedent with respect to non -conforming structures. The proponents, Dr. and Mrs. Sanderson were present. Mr. Johnson asked the proponents if they know where their rear property line is. Dr. Sanderson said the property ends at the dike. Mrs. Sanderson said noting will be done on this site to compromise the integrity of the existing carriage house. Mr. Johnson questioned if the possibility of flooding the carriage house has been addressed. Ms. Aaker said she believes a plan will be implemented to protect the existing structure. Mr. Patton asked if staff has found similar non -conforming structures within the City that could be converted into a separate dwelling unit. Ms. Aaker said there are no records depicting freestanding structures with this potential, but there could be similar conditions unrecorded. Mrs. Sanderson interjected it is not their intent to rent out the carriage house. Mr. Patton asked the size of the lot. Mrs. Sanderson responded the lot is over 2 1/2acres. Mr. Johnson said he has some concern that the next property owner may want to rent out the carriage house, adding he believes the structure should be allowed to be renovated with conditions that would prevent the possibility of subdivision and the creation of a separate dwelling unit. Ms. McClelland moved to approve the variance from Ordinance 850.07, Subd 20 subject to; plumbing and sewer hook up through main house, deed restriction filed and recorded prohibiting more than one dwelling unit on the property, no kitchen facilities constructed in the carriage house, and the footprint of the structure will remain as is. Mr. Workinger seconded the motion. All voted aye; motion carried. III. ADJOURNMENT The meeting was adjourned at 6:30 p.m. e Hoogenakke 4