HomeMy WebLinkAbout2006 03-16 Zoning Board of Appeals Meeting Minutes RegularAGENDA
REGULAR MEETING OF THE EDINA ZONING BOARD
THURSDAY, MARCH 16,2006,5:30 PM
EDINA CITY HALL COUNCIL CHAMBERS
4801 WEST 50TH STREET
MEMBERS PRESENT:
Chair John Lonsbury, William Skallerud, James Nelson and Rodney Hardy
MEMBERS ABSENT:
Stephen Brown
STAFF PRESENT:
Kris Aaker and Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
The minutes of the November 15, 2005, meeting were filed as
submitted.
II. ADJOURNMENT:
Ms. Aaker informed the Board on February 17, 2006, the Zoning Board of
Appeals heard and denied Thomas Spicola's 13.5 ft setback variance request to
allow deck to within 75 ft of the shoreline of Lake Cornelia. The property owner is
planning to tear down his existing home at 6712 Point Drive and rebuild on the
site with a new two story home. All aspects of the proposed new home conform
to the ordinance requirements with the exception of the required setback from
Lake Cornelia for the deck. A 75 ft Lake setback is required for all structures
including decks. There were four members present at the February 17, 2006
meeting. Two of the Board members voted in favor of granting the variance and
two voted to deny the request. The variance was denied due to lack of a majority
vote.
Ms.Aaker explained the homeowner has re-applied to the Zoning Board of
Appeals to allow a deck encroachment into the 75 ft setback required from Lake
Cornelia. The home and deck have been redesigned so that deck encroachment
has been reduced from a 13.5 to a 9.7 ft encroachment into the setback area.
The deck will be unenclosed and uncovered and will be elevated to the first floor
of the new home. There are similar encroachments around Lake Cornelia.
The proponent, Mr. Spicola was present to respond to questions.
Mr. Spicola addressed the board and informed them the constraints of the
lot triggered the need to request a variance. Mr. Spicola said the lot is not very
deep. Mr. Spicola submitted to Board Members letters of support from
neighboring property owners.
Mr. Nelson told the Board he was at the meeting that considered the
variance for Mr. Spicola, adding he conveyed at that meeting that the deck could
be redesigned to minimize its impact. Mr. Nelson said he believes Mr. Spicola
has made a good effort in minimizing the variance and he can support this
revised request as submitted.
Mr. Nelson moved variance approval subject to the revised plans
presented. Mr. Skallerud seconded the motion. All voted aye; motion carried.
B-06-13 Christopher and Angela Larson
5008 Bruce Ave.
Lot 21, Block 1, Brucewood
Request: A 2.7 ft side yard setback variance
Ms. Aaker informed the Board the subject property is located on the west
side of Bruce Ave. consisting of a two story home with an attached two car
garage. The homeowners are planning an addition to their home to include
increased living space in the basement, first and second floors. The plan also
widens the garage. All of the improvements conform to the ordinance
requirements with the exception of the proposed rebuilding of an existing
nonconforming porch on the south side of the home. The existing porch is
located 8 ft to the side lot line. The minimum side yard setback is 10 ft. The porch
also exceeds 15 ft in height due to the walk -out nature of the back side of the
home. The setback increases slightly due to the side wall height of the porch. A
variance of 2.7 ft is requested to rebuild the porch in the same location, on the
same foundation and with the same dimensions as the existing porch.
Ms. Aaker explained the homeowners suspect that the original owners of
the house built the sunroom shortly after the home was complete including a
separate furnace to heat the add-on space. Over the years the porch was not
maintained; some of the single pane, non tempered glass windows have
cracked, the furnace is now unsafe and water damage has occurred in some of
the walls. It has been recommended by the contractor that all but the foundation
be removed and that the porch be rebuilt over the existing foundation. Currently
there is an excavated brick wall foundation beneath the porch that the owners
would like to rebuild upon. The "new" porch would allow the use of double hung,
insulated windows, widening of the entry into the dining room with double French
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doors and conditioning it with heat and central air-conditioning as used
throughout the house.
Ms. Aaker concluded the request is to maintain the existing
nonconforming setback by allowing the necessary rebuild of the porch. Staff
supports the request subject to the plans presented.
Mr. Larson addressed the Board and informed them the porch was
constructed in the 1940's and is in need of replacement. Mr. Larson told the
Board the most impacted neighbor at 5010 supports the request.
Chair Lonsbury asked Mr. Larson if all exterior building materials will
match. Mr. Larson responded in the affirmative.
Mr. Skallerud moved variance approval subject to the plans presented and
the use of like materials. Mr. Nelson seconded the motion. All voted aye; motion
carried.
B-06-14 George Sorenson
4024 Wood End Drive
Request: A 264 sq ft addition over the maximum 1000
sq. ft. allowed for accessory structures
Ms. Aaker told the Board the subject property is located on the dead-end
of Wood End cul-de-sac consisting of a two story home, detached garage and a
wood -working shed. The homeowner applied for a permit to allow an expansion
of the wood -working shed, however, was not granted a permit because the
addition to the existing shed exceeded the total combined allowed square
footage for all out -buildings on a property. The Zoning Ordinance limits the total
square feet of all out -buildings to 1000 sq ft per single dwelling unit site. The
existing detached garage and wood shed have a combined square footage of
1438 sq ft. The out -buildings currently exceed the maximum allowed by 438 sq ft.
Ms. Aaker explained the property owner would like to add on to an existing
detached wood shop. The proposed addition would increase the floor area by
264 sq ft so a variance of 264 sq ft is requested from the 1000 sq ft maximum
allowed. The total proposed out -building combined would be 1702 sq ft.
Ms. Aaker concluded the property is unique in that it is quite large with
minimal building coverage. It is evident that the property can absorb the small
proposed addition. The Zoning Ordinance was crafted to control the total size of
out -buildings on a single dwelling lot, however, not the total number of out
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buildings. The ordinance does not limit the number of accessory structures so
any number of structures may occupy one site. The ordinance also does not
recognize that some larger properties can absorb additional out -building area
without any perceivable impact. The ordinance does not address the type of use
an out building may be occupied with, except for specifically not allowing for an
additional dwelling unit on a lot. Staff can appreciate that the homeowner's
hobbies are not something one would want to conduct in the house and that the
addition would accommodate his needs without any negative impact to the site or
surrounding neighbors. Staff supports the request subject to the plans submitted
The proponents, Mr. and Mrs. Sorenson were present to respond to
questions.
Ms. Aaker told the Board neighbors have indicated their support for the
project.
Mr. Sorenson addressed the Board and with photo's showed Board
Members the interior of his wood -working "shop". Mr. Sorenson told the Board
his hobby is designing and making wood furniture and he would like to expand
his workshop to include an area where he could also do stain glass.
Mr. Lonsbury told Mr. Sorenson his workshop is beautiful and nicely
maintained inside and out, adding he wants it known that the workshop can
never be used as a "dwelling unit". Mr. Sorenson told the Board that is not his
intent, adding his hobby is woodworking and he would now like to add working
with glass as another interest.
Ms. Aaker echoed Chair Lonsbury's comments that converting this
workshop into a separate dwelling unit is strictly prohibited.
Mr. Hardy moved variance approval subject to the plans presented and
noting this structure is an accessory structure and cannot be used as a dwelling
unit. Mr. Hardy added building materials are required to match the existing
workshop. Mr. Nelson seconded the motion. All voted aye; motion carried.
B-06-15 Gina and Steven Abbott
5533 Concord Ave.
South 90ft of Lot 11 and 12, Block 2
Subd. Of Little Park
Request: A 25.1 ft side street setback variance
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The subject propertY is a corner lot located in the north east quadrant of
Concord Ave. and west 56 h St. The property consists of a rambler with an
attached one car garage. The homeowners are planning to add onto their home
to include an addition into the rear yard and a new two car garage. The property
must respect two front yard setbacks along both the Concord and west 56th St.
frontages. The variance is requested from the side street along West 56th St.
There is an adjacent home fronting West 56th St. that is 35 ft to the front lot line
requiring that the subject property maintain a 35 ft side street setback from west
56t St. The existing and proposed side wall of the garage is and will continue to
be located 9.8 ft to the side street lot line. A variance of 25.1 ft is requested to
allow construction at the existing nonconforming setback.
The homeowners are hoping to replace their existing one car garage with
a two car garage in the same location as their single stall garage. The plan will
remove a breeze -way to widen the garage at the existing nonconforming
setback. The proposal also includes an addition to the back of the home for
bedroom space in the basement a sitting/dining area on the main floor and a
small deck. Much of the addition overlaps the side street setback.
It is evident that any addition or improvement to the garage requires a
variance. Any plan to tie living space into garage area also requires a side street
setback variance. There is a clear hardship with regard to the required setback
along west 56th St.
Ms. Aaker concluded very little can be done to improve the property and
nothing can be done to the garage without benefit of a variance. Staff supports
the request as submitted and subject to the plans presented.
The proponents Mr. and Mrs. Abbott were present to respond to
questions.
Mr. Nelson said if he understands correctly this request isn't creating
another variance. Ms. Aaker responded that is correct.
Mrs. Abbott told the Board their neighbors completely support their project.
Mr. Skallerud moved variance approval subject to the plans presented and
the use of matching materials. Mr. Hardy seconded the motion. All voted aye;
motion carried.
111. ADJOURNMENT:
The meeting adjourned at 6:15 PM
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submitted by: Jackie Hoogenakker