HomeMy WebLinkAbout1998 10-15 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE
EDINA ZONING BOARD OF APPEALS
OCTOBER 15,1998,5:30 P.M.
EDINA MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Helen McClelland, Mike Lewis, Lorelei Bergman,
David Byron
MEMBERS ABSENT: Rodney Hardy
APPROVAL OF THE MINUTES:
The minutes of the August 20, 1998, meet were filed as submitted.
II. OLD BUSINESS:
B-97-41 Scott and Leslie Losey
5105 West 49th Street
Request: A one year extension of variances for a 14 foot frontyard setback
and an 8 foot sideyard setback.
Ms. Aaker explained to the Board Mr. and Mrs. Losey are requesting a one year
extension of their variance B-97-41. The homeowners have been unable to retain a
building contractor within the anniversary date of their approval by the Zoning Board of
Appeals.
The proponents, Mr. and Mrs. Losey were present.
Mrs. Losey explained it has been difficult to hire a building contractor because of
the spring storms. She added they are hopeful construction will begin soon.
Mr. Lewis moved to grant the extension for variance B-98-41. Mrs. Bergman
seconded the motion. All voted aye; motion carried.
III. NEW BUSINESS:
B-98-49 * Paul and Kristen Comers
5601 Brookview Avenue
Lot 38, Colonial Grove 2nd
Request: A 11.7 foot sidestreet setback variance for a
garage expansion
Ms. Aaker informed the Board the property is a corner lot located in the southeast
corner of West 56th Street and Brookview Avenue consisting of a two story home with an
attached 18 X 20 garage. The applicants are proposing a two story addition to the back of
their home. The homeowners would also like to expand their rather small two car garage
by increasing both the width and the depth. All aspects of the home remodel and addition
conform to Ordinance requirements with the exception of setback to the sidestreet of the
new garage.
Ms. Aaker explained the existing attached garage is rear loading from West 56th
Street with the north sidewall of the garage located 5.3 feet to the sidestreet lot line. The
existing sidewall of the garage is non -conforming. The minimum side street setback
required is 15 feet. The current garage is encroaching into the setback area by 9.7 feet.
Ms. Aaker pointed out the garage is narrow at 18 feet in width, so the home owners
are proposing a 2 foot expansion of the garage width towards the sidestreet. The
homeowners are also proposing an expansion of the depth of the garage by 5 feet,
allowing for a new garage size of 20 feet in width by 25 feet in depth.
Ms. Aaker concluded the proposed sidestreet setback will be 3 feet to the lot line
and 17.7 feet to the edge of the street. The Engineering Department has indicated that it
is highly unlikely that West 56th Street will ever be widened. Given the existing dimensions
of the garage and existing non -conforming setback to the side street staff is supportive of
allowing a larger garage.
The proponents, Mr. and Mrs. Comers were present.
Mrs. Bergman noted the property is already non -conforming to the street, adding
she can support the request as presented as long as no living space is constructed above
the proposed garage addition.
Mr. Lewis moved variance approval subject to the plans presented, noting the
existing non -conformity of the lot, and subject to the use of matching exterior materials.
Mr. Byron seconded the motion. All voted aye; motion carried
B-98-50 Pam Lien and Bill Belkamp
5624 Woodcrest Drive
Lot 9, Block 3, Colonial Grove 6t" Addition
Request: A 2.5 foot sideyard setback variance and an 8.5 foot
variance from the ponds edge
Ms. Aaker told the Board the subject property is located on the west side of
Woodcrest Drive consisting of a split entry walk -out rambler. The homeowners are
proposing to replace a one story family room addition that was constructed in 1968 with a
two story addition. The home is a "walk -out" on the main floor with the "second floor" at
street level. The family room will be on the lower level and the home office, storage area
with porch will be on the main level.
Ms. Aaker pointed out two variances are being requested to accomplish the
addition. A sideyard setback variance is required and a variance from pond setback is
requested.
Ms. Aaker said the new family room as proposed will be larger than the existing
family room. The dimensions of the existing family room are 12 X 15 feet. As indicated on
the survey there is little if any opportunity for expansion.
Ms. Aaker concluded it is clear that there is little if any buildable area provided on
the lot due to the required setbacks and that imposing the required setbacks would pose a
hardship for any alteration to the home.
The proponents, Ms. Lien and Mr. Belkamp were present to respond to questions.
Ms. Diana Willey, immediate neighbor to the north stated she has no objections to
the proposal, and supports it as presented.
Ms. McClelland questioned if the proponents heard from the neighbor to the south.
Mt. Belkamp stated the neighbors to the south have also indicated their support.
Mr. Belkamp presented to the Board a signed petition supporting the proposal as
presented.
Brook Crane, 5610 Woodcrest Drive, said she is present with hesitation, and did
sign a petition supporting the proposal. She added her concern is the view she has from
her home. She added she can look out her kitchen window and see the pond, and is
concerned this view will be lost to her. She acknowledged she is less involved than the
north/south neighbors.
Ms. McClelland told members of the audience the Board is concerned with massing,
and is very careful reviewing the plans.
Mrs. Bergman said the plans as presented, in her opinion, maintain the character
of the house. She pointed out and agreed with Ms. McClelland that the Board is careful in
reviewing plans, but in this instance she agrees with staff that on this lot there is little if any
buildable area provided on the lot due to the required setbacks, and the additional setback
from the pond. Mrs. Bergman stated she can support the proposal as presented.
Mrs. McClelland addressed the question from Ms. Crane, informing her the City
does not regulate view. She added she in unsure if the proposed addition will impact
views, adding she can understand the concern.
Mr. Lewis moved variance approval subject to the plans presented and the use of
matching materials. Mrs. Bergman seconded the motion. All voted aye; motion carried.
B-98-49 Sandy Senn
4511 Grimes Avenue South
Lot 11, Auditors Subdivision No. 172
Request: A variance to allow a deck structure on the lot line that is
the subject property's sidestreet and the neighbors front -
street. A 30 foot setback variance.
Ms. Aaker informed the Board the subject property is a corner lot located in the
northeast corner of Grimes Avenue and Sunnyside Road. The home faces Grimes
Avenue with sidestreet frontage along Sunnyside Road. There are homes fronting both
Grimes and Sunnyside, which requires that the property respect two front street setbacks
most of the yard area is exposed to either Grimes Avenue or Sunnyside Road. The home
owner is hoping to accomplish a deck in the side street area adjacent to Sunnyside Road.
The proposed structure will be a two level deck with an upper level adjacent to the house
and the lower level three steps below providing access to the driveway.
Ms. Aaker explained the imposed setbacks indicate that nearly the entire existing
home is non -conforming in terms of setback. Any addition to this home would require a
variance. The homeowner has indicated that the deck and landscaping is intended to
provide a bit of privacy and simulate the feel of a small backyard. The homeowner is also
trying to gain more usable yard area. The homeowner had hoped to construct a privacy
fence however, the maximum fence height allowed in the frontyard area is four feet.
Imposing the required setbacks does poise a hardship for the property, nothing can be
accomplished without a variance. The addition is for a deck and not for fully enclosed
living space, which can be viewed as less intrusive on the streetscape for all four seasons.
The Zoning Board has however been reluctant to grant variances that allow no setback
from a lot line.
The proponent, Ms. Senn was present to respond to questions.
Ms. McClelland commented in all her years serving as a member of the Zoning
Board she has rarely reviewed a variance that so completely meets the hardship standard.
Board members voiced their agreement with Ms. McClellands observation.
A discussion ensued with Board members agreeing the hardship standard has
been met in this instance, noting they cannot support a zero -lot line variance, even with
such difficult circumstances and constraints.
Ms. Bergman suggested re -designing the porch/deck to provide a deeper setback
than submitted. Mrs. Bergman said if the deck is redesigned correctly the same result the
proponent desired can be achieved.
After a brief discussion the Board agreed to allow the porch to be constructed no
closer than two feet from the property line.
Mr. Byron moved variance approval noting the severe hardship that exists on this
lot with approval conditioned on: the deck/porch area cannot be constructed less than two
feet from the lot line, with the final layout of the proposed deck/porch area to be approved
by City staff. Mrs. Bergman seconded the motion. All voted aye; motion carried.
IV. ADJOURNMENT
The meeting was adjourned at 6:15 p.m.
r9� _6 "61 "kN
,i FIS,
-