HomeMy WebLinkAbout1997 05-15 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETINGOF
THE EDINA ZONING BOARD OF APPEALS
HELD ON MAY 15,1997,5:30 P.M.
EDINA CITY HALL MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Chair, Gordon Johnson, Helen McClelland, Mike
Lewis, Rodney Hardy, Geof Workinger
STAFF PRESENT: Kris Aaker, Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
Ms. McClelland moved approval of the March 20, 1997 meeting minutes.
Mr. Lewis seconded the motion. All voted aye; motion carried.
II. NEW BUSINESS:
B-97-17 Stephen and Linda Smithson
6800 Galway Drive
Lot 1, Block 4, LaBuena Vista Addition
Request: A 5 foot frontyard setback variance for a proposed new
front entry
Ms. Aaker informed the Board the subject property is a corner lot located
in the southwest quadrant of West 68th Street and Galway Drive. The home is a
front walkout with an attached three car garage. The homeowners are proposing
to add an enclosed front entry to the front of their home.
Ms. Aaker explained the proposed front entry will include both the 1St and
2"d floor. As mentioned previously, the home is a front walkout so living room,
dining, kitchen and bedrooms are upstairs on the second level. The home
owners have indicated the existing staircase up to the main (2"d) level provides a
head room clearance for only those less than 5' 10" tall. The front entry would
allow for a new open stair case that would provide adequate headroom. The
homeowners have also mentioned that the current front entry concrete walkway
does not allow the storm door to open more than 12 inches during winter
months. A lack of adequate frost footings causes the concrete walkway to heave
two inches in the winter.
Ms. Aaker concluded the home is a front walkout that requires traveling a
flight of stairs to access the main level. The current stairs are substandard and
the front door cannot be opened in the winter. The options are limited for
improving the situation without a variance. The variance would have little if any
impact on adjacent properties. Staff supports the request.
The proponents, Mr. and Mrs. Smithson were present.
Ms. McClelland stated in reviewing the proposal she does not have a
problem approving a variance. She said it appears the house was constructed
with this problem, and is not the fault of the present homeowner.
Mr. Smithson introduced pictures of the house depicting the condition that
exists during winter months making it impossible for them to use their front
entryway. He pointed out when entertaining guests have to enter through the
garage.
Mr. Lewis moved approval of a 5 foot frontyard setback variance subject
to the plans presented, and the use of matching materials. Mr. Workinger
seconded the motion. All voted aye; motion carried.
B-97-18 Ken and Nancy Kaufmann
#4 Merilane
Request: A 62.8 foot frontyard setback variance for a garage and
mudroom addition
Ms. Aaker informed the Board the subject property is located on the south
side of Merilane cul-de-sac consisting of a one story brick and frame walkout.
The home is located 55 feet from Merilane. The homeowners are proposing to
add a second story to the home, and add a new mudroom and garage onto the
east side of the home. Ms. Aaker pointed out none of the improvements will
reduce the frontyard setback however, the required frontyard setback is 142 feet.
Ms. Aaker pointed out the frontyard setback requirement is determined by
the setback of the homes on the same side of Merilane as the subject property.
All of the homes are setback farther from Merilane than the subject home. there
is no clear sense of streetscape or setback uniformity. Ms. Aaker asked the
Board to note the area consists of dense vegetation and steep slopes which
eliminate reference points for uniform setback.
Ms. Aaker concluded staff believe the setback requirement is a hardship
imposed upon the property as it falls behind the existing dwelling virtually
eliminating all possible additions to the home. Staff supports the request as
submitted.
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The proponents, Ken and Nancy Kaufmann were present.
Chairman Johnson said he is a bit confused at the names on the
application. Ms. Aaker explained the Kaufmanns are not the property owners of
record. They have a purchase agreement on the property contingent on
obtaining the requested variance.
Ms. McClelland said she does not know the height of the adjoining homes,
and questioned Ms. Aaker on their height. Ms. Aaker explained both homes are
two story. Ms. Aaker pointed out because of the topography, and dense
vegetation the houses are not visible from the subject site.
Mr. Workinger questioned if any adjustments are going to be made to the
driveway. Mr. Kaufmann said there will be a slight elevation change.
Mr. Workinger said his only concern regarding this proposal is with
building height. Mrs. Kaufmann interjected the adjoining houses are large, and
do have considerable height, and cannot be seen.
Mr. Hardy asked Ms. Aaker the distance between houses. Ms. Aaker said
the distance between the adjoining houses is more than 100 feet, reiterating one
cannot see the neighboring houses from the subject site.
Mr. Hardy said in visiting the site it appears this property is in its own
"environment", and any impact to adjoining homes is minimal.
Mrs. Kaufmann said the reason they desire to construct up, is to preserve
the dense vegetation, and large trees that exist on the lot. Continuing, Mrs.
Kaufmann said the intent is to add a two story addition over the main structure,
with the garage and mudroom off the original pad.
Ms. McClelland moved to grant variance approval noting the setback from
the pond is a problem if one would desire to construct out the rear, subject to
restricting the 2"d story addition to the plans presented on site, noting a hardship
exists because of the placement of neighboring homes, and the variance is
granted only to Mr. and Mrs. Kaufmann, who at this time, have an option to
purchase the property if this variance is approved. Mr. Workinger seconded the
motion. All voted aye. Motion carried.
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B-97-19 Jeffrey and Anne Sather
5407 Abbott Place
Request: A two foot sideyard setback variance for a garage
addition
Ms. Aaker informed the board the subject property is located on the east
side of Abbott Place backing up to Minnehaha Creek. The home consists for a 1
'/Z story home with an attached one stall garage. The homeowners are
proposing a dramatic remodeling to include a number of additions to the home.
The property received a variance in October from north sideyard setback due to
building height to accomplish improvements to the home. The south side
(garage side) of the home had additions proposed, however, within the setback
requirements. The previous plan indicates a 14'X 4" X 30'3" garage which is
less than a comfortable tandem garage. The homeowners are now returning to
the Zoning Board of Appeals to widen their garage to be within the minimum five
foot sideyard setback. At the closest point the new garage would be three feet to
the side lot line. The plans that received variance approval have not been acted
upon, however, may receive a permit until expiration on October 14, 1997.
Review of the subject two foot variance will not negate the previous variance nor
will it extend it to May 1998.
The variance will allow a garage width (outside dimension) of 16'4" which
is still not considered a two stall garage. The Ordinance requires a minimum two
car garage per single dwelling unit. The side lot line does not run parallel to the
side wall of the garage. The front corner would provide a setback of three feet,
and the back corner would provide a setback of six feet. The lot is narrow at 58
feet in width, however, is 135.5 feet deep and with enough lot area to
accommodate the additions and proposed garage increase.
A letter dated October 14, 1996, was received from the neighbor directly
adjacent to the garage expansion concerning the previous variance. The
neighbor expressed concern with the garage expansion within the allowable
limits. The homeowner in fact requested a reduction in the garage width
although it did not require a variance. Staff has (as of May 7, 1997), not
received comment regarding this most recent proposal that will reduce garage
setback.
Ms. Aaker concluded staff appreciates that increasing the garage area will
move the project closer to conforming to a minimum two car garage requirement.
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The garage still won't however be large enough to be considered a two car
garage. Staff believes that the remodeling and additions to the home are
aggressive given the width of the lot and proximity of the neighboring homes and
that reducing setback farther may negatively impact adjacent property.
The proponent, Mr. Sather was present to respond to questions.
Chairman Johnson asked the proponent the reason there is no response
from the neighboring property owners at 5409 Abbott Place, since they
expressed interest in the last project, and concern about the garage if
constructed, would require a variance.
Mr. Sather said in his opinion if they did not respond, they must support
the proposal.
Ms. McClelland stated in her opinion the proposed garage is still too tight
to support two cars even with the additional two feet. Mr. Sather said he
believes their vehicles will fit, acknowledging it will be tight. Ms. McClelland
asked the depth of the garage. Ms. Aaker said the depth of the garage is 31
feet. Ms. McClelland noted even if the present vehicles would fit in the proposed
garage, future homeowners may desire larger vehicles, which may not fit.
Ms. McClelland stated she has concerns regarding this proposal. She
said in her opinion the previous expansion granted a variance, and those not
requiring a variance are very aggressive, added along with this request,
massing becomes a relevant issue. Mr. Sather agreed the expansion(s) may
appear large, adding they took that into consideration, which is the reason they
brought the roof down to lessen the impact.
Chairman Johnson said in some areas of Edina because of the size of the
lots it is difficult for property owners to achieve what they desire without obtaining
a variance, continuing, Chairman Johnson asked Mr. Sather what the living
space is at 5409 that adjoins their proposed garage addition. Mr. Sather
responded the neighbors kitchen is located on the side where their garage
addition is proposed.
Chairman Johnson asked, out of curiosity, if one were to drive by the
home and the garage addition was granted, how often would cars be on the
driveway, and not in the garage. Mr. Sather said in all honesty because of the
activities of the household during warmer months one would find cars on the
driveway 50% of the time.
Mr. Hardy pointed out the impact on the neighboring house has not really
changed because the property line is at an angle, and there is a standing
approved variance on the north, with additions on the garage side that did not
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require a variance. Continuing, Mr. Hardy asked if the most impacted neighbors
were present at the first variance hearing, and if they were, was the issue clear
to them. Ms. Aaker responded the neighbors were present at the first hearing,
and understood the proposal, and expressed some concern as mentioned in the
staff report, about a possible garage addition in the future that may require a
variance. She said as cited earlier by Mr. Sather there has been no input from
those neighbors this time around, either for, or against, the proposal.
Mr. Workinger said in reviewing the plans, and visiting the site that he
believes he has problems with supporting the request. He pointed out the
elevation, in his opinion is imposing, and in this instance this has become a case
of overbuilding. Mr. Workinger pointed out in this area the setbacks are minimal,
and while he sympathizes with residents trying to modernize their home this
proposal, on this lot is too much! He acknowledged part of the variance has
already been approved which created a majority of the mass, and pondered if
they only wanted the garage addition, and the additional two feet , and the rest
was not going to be constructed he probably could support it, he added it can't
be separated, one approved variance exists, but he does have hesitation in
supporting the request, especially since the creation of the garage (if approved)
still is substandard. Mr. Workinger said he understands Mr. Hardy's point that a
majority of the building mass has already been approved, with some not
requiring variances, and the lot line angles, adding this is a struggle for him.
Chairman Johnson reflected on the past variance wondering if that could
be revisited to reduce some of the mass to more accommodate the proposed
wider garage.
Mr. Workinger said his concern is with the most impacted property owner
if they are not present, and to date have expressed no opinion either way.
Ms. McClelland pointed out that the garage will also create a long building
wall.
Mr. Hardy asked the proponent if something could be redesigned on the
2nd floor to reduce the mass. Mr. Sather responded if that were to be done, the
whole design plan would need to be reworked. Mr. Sather added he believes
the past proposal, and the proposal before you this evening is superior, and was
done with much thought
Chairman Johnson said in viewing the plans the sideyard massing is
caused by trying to achieve a staggered two car garage. He said he does not
believe the depth can be eliminated.
Mr. Sather addressed the Board and explained to them they have
considered this for a long time, and plan to landscape along the property line of
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5409, construct a small wall, add flowering plantings, and bushes, and a trellis to
soften the impact on that adjoining neighbor. Mr. Sather said they are willing to
do whatever the Board desires to soften the mass, lessen the impact on the
neighbor, and achieve what they desire.
Chairman Johnson suggested adding "residential style" windows along
the building wall which would break up the mass. Mr. Sather said he was
planning on doing that.
A discussion ensued with Board Members expressing concern over the
project but acknowledging since a variance has already been approved, what is
before them this evening does not necessarily create an issue, if as Mr. Sather
has reported he plans to landscape, etc. the property, thereby reducing impact.
The Board said this has been a difficult issue for them, especially in light of the
existing variance.
Mr. Lewis moved variance approval subject to the use of matching
materials, subject to the plans presented at the meeting of May 15, 1997,
(elevation and plans depicted on page 2 of the project presented by Mr. Sather),
subject to landscaping with the addition of a trellis, and a sketch of the
landscaping, trellis, and plantings to be approved by planning staff, with
sensitivity to the adjoining property owner, and it is to be noted that the prior
variance is not extended by the granting of this 2 foot sideyard setback variance
for construction of a garage. Ms. McClelland seconded the motion. All voted
aye; motion carried.
Mr. Workinger asked Mr. Sather when his plans for construction would be
executed. Mr. Sather said he plans construction to begin in one month.
III. ADJOURNMENT:
The meeting adjourned at 6:40 p.m.
ie Hoogena r
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