HomeMy WebLinkAbout1997 06-05 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETING
OF THE EDINA ZONING BOARD OF APPEALS
HELD ON THURSDAY, JUNE 5,1997,5:30 P.M.
EDINA CITY HALL MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT:
Chair Rose Mary Utne, Ann Swenson, Meg Mannix, John
Lonsbury and Don Patton
The minutes of the April 3, 1997, meet were filed as submitted.
11. NEW BUSINESS:
B-97-20 Phyllis M. Paul
4416 Curve Avenue
Lot 39, Auditor's Subdivision
No. 161, Hennepin County
Request: A 1.5 foot north sideyard setback variance
and a .5 foot west sideyard setback variance
to replace an existing non -conforming garage
Ms. Aaker informed the Board the subject property is located on the west
side of Curve Avenue consisting of a 1 Y2 story home with a detached 20X22 foot
garage. The existing detached garage is located 1.5 feet from the north property
boundary and 2.5 feet to the west property boundary. The minimum side and
rearyard setback requirement for a detached garage is three feet. The
homeowner is hoping to replace the garage in the same location.
Ms. Aaker pointed out if the homeowner were repairing the structure, no
variance would be required. The homeowner is requesting the same location
with the same size garage. Ms. Aaker concluded staff believes the homeowner
should be able to replace the garage and continue the right to enjoy use of the
structure in the same non -conforming location.
The proponent Ms. Paul was present.
Mrs. Swenson asked Ms. Aaker if staff has received any response from
nearby neighbors. Ms. Aaker said she received a call from an unidentified
neighbor. The neighbor asked questions about the retaining wall, but made no
other comments.
Ms. Paul told members of the board the existing retaining wall will be
completely replaced.
Mrs. Swenson asked Ms. Paul the type of siding that will be used on the
proposed garage. Ms. Paul responded the garage will be sided to match the
house.
Mrs. Swenson moved variance approval subject to the plans
presented, and the use of matching materials. Mrs. Mannix seconded the
motion. All voted aye; motion carried.
B-97-21 Ray S. Clarke
6609 Cahill Road
Lot 4, Block 1, Brookview Heights 41' Addition
Request: A 9.5 foot setback variance from creek edge
and a 5 foot rearyard setback variance
Ms., Aaker informed the board the subject property is located on the east
side of Cahill Road, north of West 68th Street and consists of a walkout rambler
with attached two car garage. The home backs up to Nine Mile Creek. The
home owner is proposing to remove the deck located behind the house and
replace it with a family room addition. The family room will provide a setback of
20 feet to the rear lot line and a setback of 40.5 feet to the edge of Nine Mile
creek. The minimum rearyard setback requirement is 25 feet and 50 feet to the
edge of the creek.
Ms. Aaker concluded given site conditions and limited impact, staff is
supportive of the request.
The proponent, Mr. Clarke was present to respond to questions.
Mrs. Swenson asked if there are any concerns regarding the stability of
the retaining wall if the creek were to meander.
Ms. Aaker explained the retaining wall is re -enforced, and the proponent
indicated during the storm of 1987 the creek water rose only as far as the steps
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with no notable damage to the retaining wall. Mrs. Swenson noted the terrain is
very steep. Ms. Aaker agreed, reiterating the wall has remained stable.
Ms. Mannix asked if the proponents experienced any difficulties with the
DNR. Ms. Aaker said the DNR indicated they have no problem with the retaining
wall.
Mr. Patton noted the existing survey does not identify the need for a
variance, and questioned how this mistake was identified. Ms. Aaker explained
she asked the proponent for a new survey because when she visited the site the
survey appeared not to indicate what was constructed. Ms. Aaker explained
many of our surveys are "proposed", not "as built", which is the reason she visits
the site during plan review.
Mr. Clarke interjected they were very surprised with the results of the new
survey.
Mrs. Mannix said as presented she does not have a problem with the
proposal, noting the proponents acted in good faith believing the survey on file
was correct.
Mrs. Mannix moved variance approval subject to the plans
presented, and the use of matching materials. Mr. Lonsbury seconded the
motion. All voted aye; motion carried.
B-97-22 Herb Karow
6000 Zenith Avenue South
Lot 1, Block 3, Town Realty's Edina Terrace
Request: A 10' sidestreet setback variance for a garage addition
Ms. Aaker informed the Board the subject property is a corner lot located
in the southwest comer of West 60th Street and Zenith Avenue South consisting
of a rambler with an attached two car garage. The homeowner would like to add
onto their garage. The north building wall would be extended west to allow for
an additional 26 feet of depth. The existing north wall is located five feet to the
side street property line. The Zoning Ordinance requires a minimum setback of
15 feet.
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The homeowner had approached the City to accomplish a detached
garage in the rearyard area with access from West 60th Street. The City of
Edina's Engineering Department reviewed the plans for a detached garage and
indicated they would not grant a curb cut permit to access West 60th Street. The
homeowner was instead encouraged to seek a variance to expand their existing
garage.
Ms. Aaker concluded there are limited options available to the applicant.
A detached garage cannot be accomplished without access from West 60'
Street, however, the engineering department will not approve access. Adding to
the existing non -conforming garage cannot be accomplished without a variance.
Staff believes the site demonstrates hardship and therefore supports the
request.
The proponent, Mr. Karow was present to respond to questions.
Mrs. Utne asked if the garage is tandem loading. Ms. Aaker said the
garage is a tandem garage.
Mrs. Utne asked if the shrubs/bushes on the side of the house/garage will
remain. Ms. Aaker said according to the plans the vegetation remains.
Mrs. Utne explained usually when the board is presented with such a long
building wall we ask for landscaping and/or the inclusion of windows to break up
the mass. Mrs. Utne pointed out the existing vegetation looks tired, and may
need to be replaced.
Mr. Karow interjected if the existing vegetation needs to be replaced it will
be replaced.
Mrs. Swenson pointed out in her opinion the proposed room looks more
like a hobby room. Ms. Aaker agreed, but pointed out the addition is not
accessed from the house. Ms. Aaker added if the addition were to have access
to/from the house the setback would remain the same. Mrs. Swenson asked Ms.
Aaker if the board can tag on an no access condition to the variance. Ms. Aaker
said if the board would feel more comfortable with adding that as a condition of
approval, it would be proper, reiterating the setback remains the same.
Mrs. Swenson asked if roof materials for the proposed addition will match
the house. Mr. Karow stated the shingles will match what exists on the house.
Mr. Lonsbury asked Mr. Karow if he will be adding more windows. Mr.
Karow pointed out there are already windows in the existing garage. Mrs.
Swenson said she would prefer if windows are added to the addition that they
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give the appearance of residential windows. Mr. Karow added upon reflection he
may add some additional windows.
Mr. Patton asked Mr. Karow if he feels the proposed sliding door may
pose a security issue. Mr. Karow responded the house has a security system,
and the addition will be added to the system.
Mrs. Swenson moved variance approval subject to the plans
presented, that the siding and roofing materials match the existing house,
and that the existing plantings be maintained, and added to if needed. Mr.
Lonsbury seconded the motion. All voted aye; motion carried.
B-97-23 Raymond and Patrice Holton
5604 Woodcrest Drive
Lot 2, Block 1, Colonial Grove 6' Addition
Request: A frontyard setback variance to allow a swing
set in the front yard area
Ms. Aaker informed the Board the subject property is located on the west
side of Woodcrest Drive just north of Park Place. The home fronts Woodcrest
with the garage loading from Park Place. The lot is wide, however, shallow in
depth with limited rearyard area. The homeowners are requesting a variance to
allow a play structure/swing set in the frontyard. The Ordinance indicates that all
accessory structures must respect the frontyard setback standard.
Ms. Aaker explained review of the neighborhood indicates that most of the
usable yard area for play structure location for the subject lot is in the front and
sidestreet area. It would appear that the most affected properties would be
across the street along Woodcrest Drive and Park Place. Homes directly
adjacent will have a side view of the structure.
Ms. Aaker concluded play structures/swing sets seem to be getting more
elaborate and larger in scale and while the Ordinance does not specifically
address them, staff believes they may be considered an accessory structure.
Customarily staff has discouraged any accessory structure in the frontyard or
side street area. It would appear, however, that the site is limited for structure
location and a case for hardship maybe argued. Staff would suggest that any
approval by the board be a temporary variance, tied to the proposed structure
and that removal of the structure would void the variance.
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The proponent, Mrs. Holton was present.
Mrs. Utne said in her travels throughout the City she has noticed play
areas have become more elaborate compared with the metal swing -sets of old,
and acknowledged this is a hard call, pointing out the rearyard area is very
limited, and it is not unreasonable for parents of small children to want play areas
on their property for their children.
Mr. Lonsbury asked if the proposed play area could be located near the
existing rearyard patio. Ms. Aaker said there is not enough room in the area
between the patio and property line to accommodate the play structure.
Mrs. Swenson asked Ms. Aaker if the play area can be located on a lot
line. Ms. Aaker explained an accessory structure must maintain a 5 foot setback
from rear and side property lines.
Mr. Patton stated he has a problem with the proposed pay area location
because of its proximity to the street, and in his opinion this location could
compromise the safety of the children. Mr. Patton asked if the play area could
be moved closer to the garage, farther from the street.
Mrs. Holton said when they viewed their survey, and yard area, their first
though was to construct the play structure near the garage, but the driveway
became a problem because of the required swing clearance. It appeared if the
children were to swing very high they would be over the driveway, which would
pose a danger to them if they fell.
Mrs. Utne stated while she would like the children to be able to have a
play area, she cannot support the proposed location, adding the board has
always been very protective of encroachments into frontyard setback areas.
Mrs. Swenson agreed with Mrs. Utne's comments, adding even though
the variance for the structure would be temporary in nature, the structure will
probably be in use for 12 years.
Mrs. Holton interjected the proposed play structure is one of the smallest
structures this company makes.
Mr. Patton questioned the area behind the garage, adding he would be
willing to grant a rear or side setback variance versus allowing the structure to be
located in the front.
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Mrs. Holton said they also looked at that location, but the children would
swing into the garage, possibly hit the large tree in that area, and trespass onto
neighboring property while playing.
Mrs. Swenson asked Ms. Aaker if the board were to recommend denial
could the proponents appeal the decision to the Council. Ms. Aaker responded
they have the right to appeal to the Council.
Mrs. Mannix said she has children, and believes there are even smaller
play systems available on the market.
Mrs. Utne said in her opinion if there are smaller systems on the market
the proponents may want this item tabled allowing them time to look further into
the play structure market, and maybe find a structure that could be
accommodated in the rear yard.
Mr. Patton moved to table B-97-23 allowing the proponent time to
study the play structure market, and maybe find a system that meets their
needs, and meets the City's requirements. Mr. Lonsbury seconded the
motion. All vote aye; motion carried.
B-97-24 Mark and Mary Swenson
5501 Dever Drive
Lot 2, Block 2, Shady Pines Addition
Request: A 3.25 foot frontyard setback variance
Ms. Aaker told the board the subject property is located on the east side
of Dever Drive and consists of a one story walkout rambler. The homeowners
are proposing to add four feet onto their dining room in the frontyard area. The
average frontyard setback along the block would allow a .75 foot frontyard
addition.
Ms. Aaker explained the property owner submitted building permit
application under the assumption that because the addition would not extend out
beyond the front wall of the garage they were OK. The subject home is one of
the closer homes to the front lot line along the block. Unfortunately a permit
could not be issued for the project, and a variance must now be processed. The
extension is a hipped former with windows. The homeowner wants to make the
exterior more architecturally attractive.
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Ms. Aaker concluded given the hardship of a shallow lot and original
house placement and given that the addition will not extend beyond the existing
garage, staff supports the request.
The proponents, Mr. and Mrs. Swenson were present.
A discussion ensued with the board in agreement any impact will be
minimal due to the fact that the proposed addition does not come closer to the
street than the existing attached garage.
Mrs. Swenson moved variance approval subject to the plans
presented, and the use of matching materials. Mr. Lonsbury seconded the
motion. All voted aye; motion carried.
The meeting was adjourned at 7:00 p.m.
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