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HomeMy WebLinkAbout2007 04-19 Zoning Board of Appeals Meeting Minutes RegularMINUTES Regular Meeting of the Edina Zoning Board of Appeals Thursday, April 19, 2007, 5:30 PM City of Edina Communitx Room 4801 West 50 Street MEMBERS PRESENT: Chair Skallerud, Rod Hardy, Julie Risser, Floyd Grabiel and Jim Nelson STAFF PRESENT: Kris Aaker and Jackie Hoogenakker 1. APPROVAL OF THE MINUTES: The minutes of the February 15, 2007 meeting were filed as submitted. II. NEW BUSINESS: B-07-08 Cary Schilling 5017 Bruce Avenue Request: 1.708' side yard setback variance for garage Ms. Aaker informed the Board the applicant is proposing to replace the previous attached garage that was approximately 16 ft in width and had a bedroom above with a 20.5 ft wide garage with a master bedroom above. A garage requires a side yard setback of 5 ft with living space requiring additional setback for height. The home is currently under construction with a permit issued to allow other portions of the project including interior remodeling and a sun room addition to proceed. All permitted portions of the project conform to the ordinance requirements. Ms. Aaker explained the proposal was originally scheduled to be heard by the Zoning Board on March 1, 2007. The hearing was cancelled due to weather. The property owner has since requested delays in hearing the variance application to allow time for redesign. The original plan requested two north side yard setback variances to allow the new attached garage to encroach 2.5 ft into the required minimum 5 ft setback and a 2.94 ft side yard setback to allow the second floor master bedroom to encroach into the 8 ft setback area required due to side wall height in excess of 15 ft. Ms. Aaker explained the proponent submitted new design plans requesting a 1.708 ft side yard setback variance to allow garage encroachment into the required minimum 5 ft setback and eliminating a variance request for the master bedroom. Both the first and second floor have been redesigned to minimize the request and eliminate the second floor variance. Ms. Aaker concluded staff recommends approval of the plans as presented. Mr. Cary Schilling property owner and his architect Mr. Dean Dovolis were present to respond to questions from the board. Interested neighbors were also present. Mr. Grabiel said it appears to him no demolition permit was issued for removal of the garage. Ms. Aaker responded building permits and demolition permits are usually issued hand in hand. Ms. Aaker added she cannot speak to what the property owner may have understood about the City's process. Mr. Hardy questioned the size of the garage door opening. Mr. Dovolis responded it is 16 feet. Mr. Hardy commented as he understands the plans presented that in order to achieve the desired garage size without the aide of a variance the garage would have to be moved farther back on the lot. Ms. Aaker responded that is correct. Mr. Schilling addressed the board and informed them he presently resides on Halifax Avenue, in Edina, and is in the process of renovating the subject house to live in with his family. Mr. Schilling apologized if he was remiss in obtaining the proper demolition permit. Continuing, Mr. Schilling said he retained Mr. Dovolis to design a plan that would renovate the existing house while retaining the character of the existing house and neighborhood. Mr. Dovolis addressed the board and explained the requested variance is limited to the corner of the garage. Mr. Dovolis with the aide of architectural drawings pointed out the additions to the home and the area that requires a variance. Mr. Dovolis said he made every effort to minimize impact to neighboring properties while preserving the character of the house and neighborhood, while providing an adequate sized two stall garage. Mr. Art Heim, 50XX Arden Avenue, told the Board he was Mr. Schilling's realtor and believes no malice was intended by the removal of the garage. Ms. Pat Lawrence, 5015 Bruce Avenue, with the aide of graphics explained to the board her reasons in objecting to the proposed garage addition. Ms. Lawrence stated the proposed renovation to the existing house would be a tremendous invasion of her privacy. Ms. Lawrence pointed out this garage addition isn't just a simple addition it is a major overhaul of the existing house, adding the old garage area was demolished without permit. Ms. Lawrence told the board she has lived in her house for many many years and enjoys her backyard and sun porch. The proposed renovation would negatively impact her property, not only with shade but with bulk. Ms. Lawrence said to the best of her knowledge this is the third home renovation Mr. Schilling has done in Edina. Ms. Lawrence requested that the board deny Mr. Schillings request pointing out there is no hardship. A garage can be constructed either smaller or that conforms to the established setbacks. A discussion ensued focusing on garage size and acceptable measurements of two stall garages, observing in many areas achieving the "standard" two stall garage isn't possible. Mr. Tom Kiehn told the board he represents Ms. Lawrence and believes no hardship exists that would support the granting of this variance, adding the lot at present is being reasonably used and the request as submitted would negatively impact Ms. Lawrence and her property. Mr. Kiehn asked the board to deny Mr. Schilling's request. Mr. Scott Busyn, 5018 Arden Avenue, told the board he recently received a similar variance, adding in his opinion the proposal as presented is very good. Mr. Busyn said it is important especially in today's market to have at minimum a two stall garage, pointing out the proposed garage isn't that large. Mr. Busyn suggested that the City review the Code to establish perimeters for a two -stall garage. Concluding, Mr. Busyn said he believes the request is reasonable and he supports the request. Mr. Grabiel commented that the market doesn't create hardship. Mrs. Mitchell, 5011 Bruce Avenue, told the board she recently added onto her house and followed Code, adding she believes the Code should be followed. Mr. T. Madison, 5250 Grandview Square told the board he believes the Code should be adhered to. Mr. Mike Palm 5034 Bruce Place, commented that the neighbors who object to the proposal should "be careful what they wish for' because a conforming location may be more objectionable. Mrs. Risser commented to her this situation is difficult because if the garage were moved farther back on the lot (to comply with Code) more hard surface would be added to accommodate the longer driveway. Chair Skallerud stated he supports the request as submitted and believes it is reasonable. Mr. Grabiel said in his opinion the hardship test has not been met, adding to him it appears the proposed addition could be scaled back. Mr. Grabiel stated he cannot support the request as submitted. Mr. Hardy said he is torn with this proposal pointing out it appears to him the neighborhood is already starting to change. Mr. Hardy added the streetscape of Bruce Avenue/Place is beautiful; pointing out it is a challenge to achieve two stall garages in this area. Mr. Hardy said to him it comes down to volume and this, at least in his opinion, is too much. Mr. Nelson moved to deny B-07-08. Mr. Grabiel seconded the motion. Ayes; Nelson, Grabiel, Hardy, Risser. Nay, Skalierud. Motion carried. Chair Skallerud advised Mr. Schilling of his right to appeal this decision to the City Council. B-07-15 Mike Palm 5034 Bruce Request: 2' side yard setback variance for garage Ms. Aaker told the Board the applicant is proposing to widen the attached garage that is currently located approximately 6.4 ft from the east property line. The property owner is hoping to in -fill a 3 ft 4 inch area to increase the width of the current garage. The existing front loading garage is approximately 17.5 ft in width as measured at the front facade. The interior width of the garage is narrower with closet space and an entry door narrowing interior garage width to between 14 Y2- 13 ft. The existing garage door is 14 ft in width. The existing garage does not accommodate 2 current standard size automobiles. Section 850.08, Subd. 1, A., of the zoning ordinance requires a minimum of two fully enclosed parking spaces per single dwelling unit. A mudroom behind the garage is also proposed as part of the project and does not require a variance. Ms. Aaker pointed out the applicant is requesting a 2 ft side yard setback variance to allow the side wall of the garage to be located 3 ft to the side lot line instead. of the required 5 ft distance. The zoning ordinance requires a minimum two car garage per single dwelling unit. The owner will bring the property in compliance with the minimum two car garage rule. Ms. Aaker concluded staff recommends approval of the requested two -foot variance from the five foot requirement to the easterly side yard at 5043 Bruce Place for Mike Palm. Approval is based on the following findings: There is a unique hardship to the property caused by: drainage. Mr. Tyson told the board the driveway will be constructed in a manner that directs run-off properly. Mrs. Risser asked Ms. Aaker if the City requires that all driveways be constructed of impervious materials. Ms. Aaker responded in the affirmative. Mrs. Risser commented it may be beneficial for the City to look into ways to "go green" especially when considering driveways. Ms. Aaker agreed. Mrs. Risser questioned if the old driveway area would be re -sodded. Mr. Tyson responded the old driveway area will be re -sodded and landscaped. Mr. Nelson moved variance approval subject to the plans presented and subject to staff conditions. Mr. Grabiel seconded the motion. All voted aye; motion carried. B-07-17 John Marshall 6404 Stauder Circle Request: 2.8' setback variance from pond Ms. Aaker told the board the subject property consists of a rambler with an attached three car garage that was built without a basement. The applicant is proposing to add basement area and main floor living space behind the home. The addition would accommodate a family room, bath and mechanical room in the new basement with a master bedroom, sunroom and deck proposed for the main level. The property backs up to a pond. The zoning ordinance requires a 50 ft setback from the normal water level of a pond. Ms. Aaker explained the applicant is requesting a 2.8 ft setback variance from the 50 ft pond setback to allow an addition to the back of their home. The encroachment would consist of approximately 11 sq ft and would overlap the 50 ft setback in the westerly corner of the addition by 2.8 ft. Ms. Aaker concluded staff recommends approval of the requested 2.8 ft variance from the 50 ft pond setback requirement for 6404 Stauder Circle. Approval is based on the following findings: There is a unique hardship to the property caused by: • The location of the existing home relative to the edge of the pond. • There is no basement in the home that could allow for a bedroom expansion The irregular lot shape and original home placement limit design options. The variance would meet the intent of the ordinance since: • The encroachment is minimal in amount and scale. • The improvements would follow the existing wall lines and architecture of the home and would have no impact on pond sight lines. • The addition would be a minor point intrusion into the setback that would not be perceivable. Approval is based on the following conditions: The addition must be -constructed as per the submitted plan dated April 4, 2007. The variance will expire on April 19, 2008, unless the city has Issued a building permit for the project covered by this variance or approved a time extension. The proponent, Mr. Marshall was present to respond to questions. Mr. Grabiei commented in the staff report "flood line" was mentioned and asked Ms. Aaker if the proposed addition encroaches into that area. Ms. Aaker responded the addition does not encroach into that area, adding it isn't even close. Mrs. Risser asked for clarification of the DNR mandate. Ms. Aaker explained in the early 90's the DNR mandated that local governments comply with designated setbacks from waterbodies with local control. Ms. Aaker explained in Edina the mandated setbacks created a hardship for a majority of City properties; pointing out many properties in Edina met the previously required setback from waterbodies of 25 feet - which is now considered legally non -conforming. Ms. Aaker concluded the new setback requirements made it difficult, if not impossible, for properties located on waterbodies to expand their footprint without the benefit of a variance. Mr. Marshall told the board he has the support of his neighbors. Mr. Hardy moved variance approval subject to the plans presented and subject to staff conditions. Mr. Nelson seconded the motion. Ayes; Skallerud, Hardy, Nelson, Grabiel. Nay, Risser. Motion carried. 4-1. III. ADJOURNMENT AND PUBLIC COMMENT: The meeting was adjourned at 7:25 PM r �•��! fir► . �,.,,�;,t � �►�� ��► !�. a. The location of the existing home and garage on the lot. b. The interior width of the garage is substandard and is compounded by a closet and entry. c. Compliance with the two car requirement is the goal of the applicant and cannot be attained without a variance. The variance would meet the intent of the ordinance since: d. The new garage would be more in keeping with the zoning ordinance requirement to provide a garage to accommodate two cars. e. Presumably there would be fewer cars parked out doors on the driveway and/or on the street which is the intended goal of the city code. f. The addition and garage sidewall setback maintain adequate spacing from the lot line and to adjacent property. Approval is based on the following conditions: 1) The garage must be constructed as per the submitted plan dated March 23, 2007. 2) The variance will expire on April 19, 2008, unless the city has Issued a building permit for the project covered by this variance or or approved a time extension. The proponents, Mr. and Mrs. Palm were present. Mr. Hardy asked if the only request is to widen the garage. Mr. Palm responded in the affirmative. Mr. Hardy moved variance approval subject to the plans presented and staff conditions. Mr. Nelson seconded the motion. All voted aye; motion carried. B-07-16 Mark Tyson 5421 Brookview Avenue Request: a 1.2' driveway width variance Ms. Aaker informed the board the applicant is proposing to construct a detached garage to be located in the back yard of the property to be accessed by a 10.88 ft wide driveway adjacent to the south lot line. The property owner is hoping to in -fill the existing front loading garage with living space. The existing garage does not accommodate current standard size automobiles. The new garage and improvements to the existing garage will conform to all of the zoning ordinance setback, height and coverage requirements. The driveway width variance would allow access to a detached three car garage that would be constructed in the south east corner of the property. Section 850.08, Subd. 6, D., of the zoning ordinance requires a minimum 12 ft wide driveway width for driveway design. A majority of the driveway will comply with the 12 ft width requirement; however a 15.07 ft section of the driveway will narrow to 10.88 ft in width. Ms. Aaker concluded staff recommends approval of the requested 1.2 ft driveway width variance for property located at 5421 Brookview Ave., for Mark Tyson. Approval is based on the following findings: There is unique hardship to the property caused by: a. The existence of a substandard nonfunctional front loading garage. b. The 15.07 ft section of the south wall of the home prevents compliance full with the minimum 12 ft driveway width requirement. c. The property would remain in noncompliance with the minimum two car garage requirement without the benefit of variance approval. The variance would meet the intent of the ordinance since: b. The variance would be a minor reduction in the driveway width requirement c. The variance would maintain a greater driveway width than required for a standard parking stall. d. The driveway would be similar in width to surrounding driveways. e. The variance would allow compliance to the ordinance requiring a minimum two car garage. Approval is based on the following: 1) The driveway must be constructed in compliance with plans dated march 21, 2007. 2) Removal of the existing concrete driveway to be replaced with landscaping. 3) Approval of a curb cut permit by the City Engineer. 4) This variance will expire on April 19, 2008, unless the city has issued a building permit for the project covered by this variance or approved a time extension. The proponent, Mr. Tyson was present to respond to questions from the board. Mr. Grabiel questioned if all driveways are 12 feet in width. Ms. Aaker responded most driveways, especially in this area, are not 12 feet in width. Mr. Grabiel asked if the garage meets code. Ms. Aaker responded the garage meets code. Continuing, Mr. Grabiel asked if the driveway has been reviewed for drainage. Ms. Aaker responded as part of the building permit process all driveways are reviewed for 6