Loading...
HomeMy WebLinkAbout2007 08-16 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE EDINA ZONING BOARD OF APPEALS Thursday, August 16, 2007, 5:30 PM Edina City Hall Communitx Room 4801 West 50 Street MEMBERS PRESENT: Acting Chair Floyd Grabiel, Jim Nelson and Julie Risser MEMBERS ABSENT: Bill Skallerud and Rod Hardy STAFF PRESENT: Kris Aaker and Jackie Hoogenakker 1. APPROVAL OF THE MINUTES: The minutes of the June 21, 2007, m were filed as submitted. 11. NEW BUSINESS: $ .' B-07-32 Cirilo and Kimberli Zamora 5720 Ewing Avenue Request: 1 foot side yard setback variance Ms. Aaker informed the Board the subject property is a single family home with an attached two car tandem garage. The applicants are proposing to construct a 12'-6" x 40 ft addition above their existing tandem garage for a future master bedroom addition. The addition is to allow enough clearance in the attic space above the attached garage to allow for a comfortable room space. The garage with attic space above received a building permit in August of 2005. The original design for the attic room above the garage dropped the roof line and ceiling height to conform to the ordinance requirements. The homeowners have stated that they didn't fully comprehend how the roof line and wall height would affect the interior space above the garage. They did not proceed with the attic space above the garage and have not completed their project. A new design was drafted by their architect; however, it requires a 1 ft variance. The garage was designed with a 12.5 ft width and is about as narrow as a single stall garage width should be. The previous garage was detached and closer to the side lot line. The new garage is minimal in width and farther from the side lot line than the old garage. The homeowners are hoping to maximize clearance in a narrow 12.5 ft wide space and to provide a reasonable allowance for window placement on the north side of the addition. The plans indicate that the homeowner is hoping to add a future addition by raising the roof. The proposed roof above the garage would be at the proper height to connect with the future 2ndfloor addition. Ms. Aaker explained the applicants are requesting a 1 ft side yard setback variance to allow the side wall to exceed 15 ft in height. The proposed over-all average side wall height is 20.5 ft, requiring a side yard setback of 7.75 ft. The garage is located 6.79 ft from the side property line. Ms. Aaker concluded staff recommends approval of the setback variance for height based on the following findings: a. The grade along the side wall increases the setback requirement, with much of the addition complying with the ordinance. b. The addition is minimal in width with few opportunities to allow reasonable room space. c. The addition will match the existing conditions on site. Ms. Aaker added approval should be based on the following conditions: 1) The addition shall be coxiiijiied as per the submitted plan dated July 2007. 2) This variance will expire on August 16, 2008, unless the city has issued a building permit for the project covered by this variance or approved a time extension...w The proponents, Mr. and Mrs. Zamora were present to respond to questions from the Board. Mrs. Risser questioned if in the future the proponents proceed with their plan to raise the roof would a variance be required. Ms. Aaker responded until she views those plans she won't know, adding it is a possibility. Mrs. Risser moved variance approval based on staff findings and subject to staff conditions. Mr. Nelson seconded the motion. All voted aye; motion carried. B-07-33 Pat and Joni Bennett 4003 Lynn Avenue Request: A 9.2 foot rear yard setback variance Ms. Aaker informed the Board the subject property is a one and one half story home with an attached two car tandem garage. The tandem garage is 32.2 ft in depth a and has an 8 ft wide garage door. Some of the garage area is taken up by the mudroom space, door opening and a stoop. The garage is minimal in depth for a tandem garage. A variance was granted in 1982 for the property to replace a single stall detached garage with the tandem garage. The homeowners are proposing to add a 5 ft x 9 ft addition on to the end of the garage to allow a vehicle to park farther forward to allow for spacing to pass between cars parked in the garage. Currently the depth is so minimal that cars must be parked up against each other. The existing tandem garage is located 20.8 ft from the rear lot line. The minimum required rear yard setback is 25 ft. The addition would be located approximately 15.8 ft from the rear lot line. Ms. Aaker explained the applicants are requesting a slight bump -out of the garage to accommodate the "nose" of a car. The addition will be no taller than 10 ft as it connects to the existing garage and will slope down to a 7 ft height. The addition will look much like a storage shed attachment. The property to the east, located at 4004 Kipling has back yard and an attached garage adjacent to the improvements. The neighbor's back yard is at a slightly higher elevation than the subject property. Ms. Aaker concluded staff recommends approval of the requested 9.2 ft rear yard setback variance based on the following findings: There is unique hardship to the property caused by: a. The size of the garage and inabTty to alter width or depth with out the benefit of a variance. V b. The addition is minimal consisting of less than 50 sq ft. c. The addition will match the existing conditions.on site. The variance would meet the intent of the ordinance since: t a. The variance would be a minor point intrusion into the setback. b. The variance would maintain the residential character of the property and the neighborhood. Approval should also be based on the following conditions: 3) The addition shall be constructed as per the submitted plan dated April, 5 2007. 4) This variance will expire on August 16, 2008, unless the city has issued a building permit for the project covered by this variance or approved a time extension. The proponent Mrs. Bennett and her Builder, Mr. Pearson were present. Mr. Nelson commented as he viewed the plans it appeared to him the garage is already rather limited in size. Ms. Aaker agreed, adding it is a very difficult fit for two vehicles. Mr. Grabiel noted this property already received a variance and questioned when the other variance was granted. Ms. Aaker responded a variance was granted in 1982. Mr. Pearson, 4247 Lynn Avenue, told the Board in this instance because of the limited size of the garage it is difficult to get two vehicles in the garage so the increased size is really needed. Mrs. Risser asked if staff has received any comments from neighbors. Ms. Aaker responded to date staff hasn't received any comments. Mrs. Bennett addressed the Board and explained she spoke with the majority of her neighbors apprising them of their plans. Mr. Nicholas near neighbor told the Board he has no problem with the plans. Mr. Nelson moved variance based on staff findings and subject to staff conditions. Mr. Risser seconded the motion. All voted aye; motion carried. B-07-34 Todd and Kelly Schnell 5712 Melody Lane Request: Front yard/side street setback variance Ms. Aaker told the Board the subject property is a corner lot consisting of a one story home with an attached two car tuck -under garage. The applicant is proposing to replace a four season porch damaged by a June storm with a larger addition to the west side of the home. The property is subjected to two front yard setbacks along both street frontages. The subject home is required to maintain the front yard setback established along Melody Lane and also along Melody Lake Drive. The home fronts Melody Lane with the "side street" along Melody Lake Drive. Typically the required side street setback is 15 ft; however, since there are homes fronting Melody Lake Drive, the side street setback is increased to match the adjacent home fronting Melody Lake Drive. The setback required from Melody Lane is 35.8 ft and the setback required from Melody Lake Drive is 38.8 ft. The subject home is currently located 33.7 ft from Melody Lane and 31.6 ft from Melody Lake Drive. The home is currently nonconforming regarding street setback from both Melody Lane and Melody Lake Drive. Ms. Aaker explained the applicant is requesting a 4.8 ft front yard setback variance from Melody Lane and an 11.9 ft street setback variance from Melody Lake Drive to replace the four season porch with a 16 x 45.67 ft addition to include a remodeled kitchen, dining room, den and porch. The storm damage necessitates the need to remodel the sun room and the kitchen since both were damaged in the storm. The property owners have looked upon their misfortune as an opportunity to improve and expand their home. The expansion would push out the existing walls both at grade and in the basement on the side and in front of the house. The intent is to match the east side of the home so that the addition is symmetrical. The existing floor plan dictates where these expansions may occur. The homeowners have stated that they would like to maintain the rambler nature of the home and blend with the establish character of the neighborhood. Ms. Aaker concluded staff recommends approval of the requested 4.8 ft and 11.9 ft front yard/side street setback variance based on the following findings: 1) There is a unique hardship to the property caused by: a. The location of the existing home relative to the required corner lot setbacks. b. The existing home is nonconforming regarding setback. c. The lot arrangement and original home placement limit design options. 2) The variance would meet the intent of the ordinance since: a. The encroachment will be similar to a typical corner lot. b. The improvements would follow the existing wall lines and architecture of the home and should have no impact on sight lines. c. The addition would be a reasonable use given the hardship imposed by the required setbacks. Approval is also based on the following conditions: 1) The addition must be constructed as per the submitted plan dated AuJ"s1, 2007. 2) The variance will expire on August 16, 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. Schnell were present. Mr. Grabiel pointed out on this lot the topography makes any conforming location very difficult. Ms. Aaker agreed and commented adding to the difficulty is that the lot is also a corner lot which creates an even more difficult design position to be in. Mr. Nelson said in his opinion given the circumstances that created the need for the variance it appears to him that a lot of thought was given to this project and the proposed addition isn't "overbuilt", adding the home is remaining a rambler. Ms. Aaker stated she agrees with that observation. She added she doesn't see too many add-ons that retain the rambler. , Mr. Schnell told the Board when the tree came down on a portion of their home they knew something needed to be done; there was a big hole in the roof. Continuing, Mr. Schnell said it was important to them to retain the character of the rambler adding he believes this design accomplishes that. Mrs. Risser moved variance approval based on staff findings and subject to staff conditions. Mr. Nelson seconded the motion. All voted aye; motion carried. B-07-35 Paul Cavanor 5107 Arden avenue Request: 7.4' front yard setback variance and a .3 foot side yard setback variance Ms. Aaker informed the Board the subject property is a two story home with an attached garage. The property owner is hoping to add to the front of their home, convert some of the area where the existing garage space is into a mechanical/ mudroom area and add a porch behind the old garage space. The improvements as designed require two variances. A 7.4 ft front yard setback variance is needed to pull the garage forward and a .3 ft side yard setback variance is needed to re -build at the same setback as provided by the nonconforming north side building wall of the garage. The owner is also hoping to add a bedroom area above the new garage at the same nonconforming side yard setback. The second story addition will not exceed 15 ft in height according to the plan, so no height variance is requested. The plan is to teardown the existing nonconforming garage and replaces it with a new garage with Living space above and behind it. The new garage and living space above are proposed at the same nonconforming side yard setback of 4.7 ft, (as the existing garage). The mudroom/mechanical room and new porch behind the garage will be setback a conforming 5 ft from the north lot line. Ms. Aaker concluded staff recommends approval of the requested 7.4 ft front yard setback variance and .3 ft side yard setback variance based on the following findings: There is a unique hardship to the property caused by: • The nonconforming location of the existing garage and its narrow width. • The proposed front yard setback is similar to other front yard setbacks and will not impact the streetscape. • The minor variances would allow for substantial improvements to the property. The variance w(Qld meet the intent of the ordinance because: • The encroachment will be similar to other front yard setbacks provided on the block and will match an existing nonconforming setback. • The improvements would follow the architecture and character of the exiting home and should have no impact on sight lines. • The addition would be a reasonable use given the hardship imposed by the required setbacks and given existing site conditions. Ms. Aaker said approval is also based on the following conditions: 1) The addition must be constructed as per the submitted plan dated July 30, 2007. 2) The variance will expire on August 16, 2008, unless the city has Issued a building permit for the project covered by this variance or approved a time extension. The proponent, Mr. Chris Dorman, builder was present to respond to questions. Mr. Nelson questioned if the curve in the street causes discrepancies. Ms. Aaker agreed the curve in the street makes it difficult to work within Code. Mr. Nelson said he also believes the non -conforming placement of the garage also make it difficult. Ms. Aaker agreed. Mr. Dorman addressed the Board and told them the neighbors to the immediate north support the project. Mr. Nelson moved variance approval based on staff findings and subject to staff conditions. Mrs. Risser seconded the motion. All voted aye; motion carried. B-07-36 Paul Nicholas 4016 Lynn Avenue South Request: 5.65 foot front yard setback variance Ms. Aaker explained the subject property is a two story home with an attached one car garage located on the west side of Lynn Ave. The owners are proposing a small addition to the front of their house to expand the front entry. The addition will be 5 ft x 10 ft and consist of 50 sq ft. The plan also includes a 3 ft x 13 ft overhang along the front face of the garage to tie-in the addition to the existing structure. The addition would be constructed with board and batten siding and will incorporate the existing color scheme. A shed roof extension is proposed over the new entryway and approximately 3 ft over the garage. The Zoning Ordinance requires that any new addition to the front of a home maintain the average front yard setback occurring on that side of the block between intersections or match the setbacks of the neighbors on either side. The neighbors on either side are slightly farther back than the subject home so that a 5 ft addition to the front of the house requires a 5.65 ft front yard setback. Ms. Aaker pointed out the homeowners have indicated that the front entrance is the primary accessible entrance to the home. The existing entry opens directly into the living room with no transition area for coats, boots, etc. The entrance into the living room exposes the room space to heat/cooling loss whenever the door is opened. There is no other convenient spot on the property to allow an easily accessible, energy efficient entrance and providing space for a closet mudroom. The entry would be very similar to the entry that exists at 4014 Lynn Ave. that extends 6 ft beyond the front face of the home. It should be noted that the front yard setbacks along Lynn Ave. vary greatly with a number of full size garages constructed in front of homes along the east side of Lynn. Ms. Aaker concluded staff recommends approval of the requested 5.65 ft front yard setback variance based on the following findings: There is a unique hardship to the property caused by: a. The location of the existing home relative to the required front yard setback. b. The existing home was designed with the front door loading directly in to the living room with no transition entry area. c. The energy inefficiency of the existing door opening. The variance would meet the intent of the ordinance since: d. The encroachment would actually be smaller than many of the structures protruding into the front yard setback along the block. e. The improvements would follow the architecture of the home, would be similar to an entry on a home down the block and should have no impact on sight lines. f. The addition would be a reasonable use given the hardship imposed by the required setback and inability to relocate the improvement. Approval is also based on the following conditions: • The addition must be constructed as per the submitted plan dated August, 2007. • The variance will expire on August 16, 2008, unless the city has Issued a building permit for the project covered by this variance or approved a time extension. The proponent, Mr. Nicholas was present to respond to questions. Mr. Nelson commented that it appears the plans presented are reasonable. Mr. Nicholas addressed the Board and explained he has a growing family and the design of the plan is intended to maintain the character of the neighborhood. Mr. Nicholas also noted the proposal creates a more emergency efficient home. Mrs. Bennett, 4003 Lynn Avenue, told the Board she supports the variance request as presented. Mrs. Risser moved variance approval based on staff findings and subject to staff conditions. Mr. Nelson seconded the motion. All voted aye; motion carried. III. ADJOURNMENT: The meeting adjourned at 6:15 PM i