HomeMy WebLinkAbout2007 05-17 Zoning Board of Appeals Meeting Minutes Regularr -k
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MINUTES OF THE REGULAR MEETING OF
THE EDINA ZONING BOARD OF APEALS
THURSDAY, MAY 17,2007,5:30 PM
EDINA CITY HALL COMMUNITY ROOM
4801 WEST 50TH STREET
MEMBERS PRESENT:
Chair John Lonsbury, Bill Skallerud, and Rod Hardy
MEMBERS ABSENT:
Arlene Forrest and Jim Nelson
I. APPROVAL OF THE MINUTES:
The minutes of the March 15, 2007, meeting were filed as submitted.
II. NEW BUSINESS:
B-07-19 Aandahl Construction/Dorothy Kvam
4925 East Sunnyslope Road
Request: front yard setback variance
Ms. Aaker informed the board the subject property consists of a rambler
with attached garage located on the east side of Sunnyslope Road E with the lot
backing up to Minnehaha Creek. The home was built in 1950 and has been
maintained with few improvements. Ms. Aaker said at this time the applicant is
proposing to remove the existing home and re -build on the site. The proposal is
for a five bedroom, two story home with an attached three car garage.
Ms. Aaker explained once a home is removed the lot is considered vacant
with all new construction requiring conformance with the current code. Ms. Aaker
noted because the ordinance requires that the setback of the new home matches
the setback of the homes on either side a variance is needed. Ms. Aaker said in
this instance because of those setbacks the building pad for a new home would
be severely compromised because the homes on either side of the subject lot
were constructed farther back on the lot than the existing home was.
Ms. Aaker concluded staff recommends approval of the variance as
submitted noting if granted the new house would enjoy the 30.5 foot
nonconforming setback enjoyed by the original house that was constructed in
1950. Approval is subject to the plans presented.
Mr. John Kosmos with KK design was present representing the property
owner.
Mr. Hardy asked Ms. Aaker if she knows if the original house was
constructed to code. Ms. Aaker responded it probably was constructed
according to code, adding there was no mention of a variance in the building file;
concluding, she really doesn't know for sure.
Mr. Scott Massie addressed the board and told them he represents the
property owners, Mr. and Mrs. Faris at 4929 East Sunnyslope Road. Mr. Massie
said Mr. and Mrs. Faris have a concern that no one really knows for sure where
the south property line is. Mr. Massie explained there have been conflicting
surveys done on both properties. Mr. Massie pointed out the Faris house was
constructed in 1936 but the land wasn't platted until 1939. Mr. Massie said there
is an existing fence along the south property line that has been there for at least
50 years. Mr. Massie concluded he just wanted this issue brought to the
attention of the board.
Chair Lonsbury asked Mr. Massie where his clients believe the south
property line is. Mr. Massie said they believe the existing fence is the property
line. Chair Lonsbury said if he understands correctly with regard to the variance
request the new house would not encroach on that south setback, adding the
proposed house meets side yard setback requirements. Ms. Aaker responded
that is correct, adding the only variance required to construct the new house is a
front yard setback variance allowing the new house to maintain the front yard
setback enjoyed by the old house.
A discussion ensued with board members suggesting that Mr. Massie
advise his clients to work with Ms. Kvan on resolving the issue with their common
lot line.
Mr. Skallerud moved variance approval subject to the plans presented and
subject to staff conditions. Mr. Hardy seconded the motion noting this property
has a unique hardship because of the original placement of the home. All voted
aye; motion carried.
NI. ADJOURNMENT:
The meeting was adjourned at 6:00 pm
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