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HomeMy WebLinkAbout1998 07-16 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE EDINA ZONING BOARD OF APPEALS JULY 16,1998,5:30 P.M., MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Chair Gordon Johnson, William Skallerud, Helen McClelland, Rodney Hardy MEMBERS ABSENT: Geof Workinger STAFF PRESENT: Kris Aaker, Jackie Hoogenakker I. APPROVAL OF THE MINUTES: The minutes of the May 21, 1998, meeting were filed as submitted. 11. NEW BUSINESS: B-98-32 Bradley and Susan Baker 5036 Bruce Place Lot 7, Block 1, Brucewood Request: A 20 foot setback variance from Minnehaha Creek Ms. Aaker informed the Board the subject property is located along Bruce Avenue and backs up to Minnehaha Creek. The home consists of a two story colonial style home with an attached two car garage. The homeowners are hoping to remove a 12 X 12 foot porch from the south side of the home and replace it with a family room addition on the main floor with a master bedroom with bath above. The existing porch is setback 39 feet to Minnehaha Creek. The new addition would be located 30 feet from the creek. A survey of the property indicates that the buildable area of the lot is quite minimal given the required setbacks for the lot. The existing house is non -conforming with regards to all required setbacks. It should be noted that much of the lot area is southeast of the home and does not provide opportunity for house expansion. In addition, the creek is located at a much lower elevation than the home with a portion of the lot unusable because it is creek bank bluff. Ms. Aaker explained the addition has been designed to compliment the existing home and will balance the front facade by mirroring the garage area with living space above opposite to the addition. The home owners are planning to redo the siding and touch up the trim paint. Ms. Aaker concluded given the limited amount of buildable area provided on site and given that the existing home is non -conforming in almost every respect staff is supportive of the request. Staff believes the elevation difference between the addition and the creek reduces and minimizes any impact on the creek. Staff supports the request as submitted. The proponents, Mr. and Mrs. Baker were present. Mr. Johnson asked how far the original foot print is from the creek. Ms. Aaker said the house was constructed with a 30 foot setback from the creek. Ms. Aaker asked the Board to recall the existing structure was constructed under the "old code" requirement of 25 feet from waterbodies. The DNR now has mandated that all cities at least meet their required minimum setback of 50 feet. Ms. McClelland asked the proponents if they ever experienced flooding problems. Mr. Baker said flooding has not been a problem on this lot. Mr. Baker added we carefully considered this project, and feel we have been sensitive to the environmental area, and neighborhood. Mr. Baker informed the Board they visited their neighbors with the proposed plans, and all the neighbors expressed their support for the project. Mr. Skallerud stated he can support the request. He added he is very familiar with the existing house, and believes the addition fits well with the house, and should not negatively impact neighbors nor the creek. Ms. McClelland agreed, she pointed out it is difficult along our creeks to maintain the DNR mandated 50 foot setback, especially when a majority of our homes along the creeks are closer then 50 feet. Ms. McClelland moved variance approval subject to the plans presented and the use of matching materials. Mr. Skallerud seconded the motion. All voted aye; motion carried. Walk -On Agenda Item III. OLD BUSINESS: B-98-30 Mr. and Mrs. Joyce 4342 Oakdale Avenue Request: A 68 square foot lot coverage variance Ms. Aaker explained Mr. and Mrs. Joyce expressed their desire to come before the Board this evening as a walk-in item. Mr. and Mrs. Joyce applied for a 68 square foot lot coverage variance on June 22, 1998, and were heard by the July 9, 1998, Zoning Board. The Board at that time recommended that Mr. and Mrs. Joyce reduce the magnitude of their variance stating members who serve on the Zoning Board have been consistently conservative when granting lot coverage variances. The Board tabled item B-98-30 to allow Mr. and Mrs. Joyce the opportunity to re -design their plans. Mr. and Mrs. Joyce have submitted revised plans, and are now requesting a 4 square foot lot coverage variance. Ms. Aaker concluded if the Board approves the revised variance request, approval should be conditioned on if/when the deck is repaired or replaced four square feet is to be removed to bring the property into compliance. The proponents, Mr. and Mrs. Joyce were present. Ms. McClelland agreed with staff's suggestion when the deck needs maintenance etc., that it is reduced 4 square feet. Ms. McClelland asked Ms. Aaker if there is a system to flag their file if or when they repair the deck. Ms. Aaker said when a deck is re -designed or reduced a permit needs to be obtained from the building department, and that permit is routed to the Planning and Engineering Departments as part of the review and inspection process. Mr. Skallerud said he was present at the last hearing, and is not speaking for the past Board, but a concern still exists regarding the "slippery slope" aspect of this request. Mr. Skallerud pointed out the lot is a small lot with a large house on it, and a large deck that can be reduced. Continuing, Mr. Skallerud said he still wonders about the potential for water run-off problems. Concluding, Mr. Skallerud stated every request needs to be looked at individually, and the proponents have redesigned their proposal, at the direction of the last Board. Mr. Skallerud stated he can support the request with the additional condition noted by staff of removing four square feet when the deck requires maintenance or is redesigned. Mr. Skallerud moved approval of a 4 foot lot coverage variance subject to the revised plans presented, subject to matching paint and exterior materials, and the additional condition that if repaired or remodeled the existing deck be reduced 4 square feet. Ms. McClelland seconded the motion. All voted aye; motion carried. IV. ADJOURNMENT