Loading...
HomeMy WebLinkAbout2007 09-06 Zoning Board of Appeals Meeting Minutes Regular�-4I N \Y CORPs ' MINUTES OF THE REGULAR MEETING EDINA ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 6, 2007, 5:30 PM EDINA CITY HALL COUNCIL CHAMBERS 4801 WEST 50'" STREET MEMBERS PRESENT: Chair Michael Schroeder, Rose -Mary Utne and Ed Schwartzbauer MEMBERS ABSENT: Mary Vasaly and Nancy Scherer. STAFF PRESENT: Kris Aaker and Jackie Hoogenakker 1. APPROVAL OF THE MINUTES:. , The minutes of the July 5, 2007, meeting were filed as submitted. 11. OLD BUSINESS: i B-07-31 Will and Michelle Murray 5549 Warden Avenue ; Request: 6.4' front yard setback variance Ms. Aaker informed the board that on August 3, 2007, the Zoning Board of Appeals heard and tabled the request of Will and Michelle Murray for a 10.9 ft front yard setback, variance from Johnson Drive for a 12 ft wide addition to their garage to include an office addition to the south. The property is a corner lot that is subjected to two front yard setbacks along Warden and Johnson. The Zoning Board expressed concerns regarding the variance given its size as compared with other homes in the vicinity. There are no other three car garages within the immediate neighborhood. The Board was concerned about the impact of the addition along Johnson Drive. The Board expressed that there is hardship given that the home was built closer to the side street and at an angle to all lot lines. The Board acknowledged that the two front yard setbacks make an addition difficult. The board tabled the request and suggested that the home owner look at options that would minimize the variance and reduce the impact along Johnson Drive. Ms. Aaker explained the home owners have reduced their request for variance from 10.9 ft to 6.4 ft. The corner of the garage storage area will over -lap the setback at only the front corner. The storage area added to the garage will be 8 ft in width and will no longer have a third garage door. The office area proposed behind the garage will comply with the setback. Ms. Aaker concluded staff supports the revised plan as presented. The proponents, Mr. and Mrs. Murray were present to respond to questions. Mr. Murray addressed board members and told they took to heart the suggestions from the zoning board and reduced their proposal accordingly. Mr. Murray said he believes the revisions meet the intent of board members. Mr. Schwartzbauer moved variance approval based on staff findings and subject to staff conditions. Mrs. Utne seconded the motion. All voted aye; motion carried. III. NEW BUSINESS: B-07-37 Michael Kimmel 5005 Windsor Avenue Request: A 2 ft fence height variance for a fence replacement Ms. AAker informed. -the board the subject property is a corner lot located in the South West corner of WJ_O%*W, Ave. and Normandale Road. Normandale Road functions as a frontage,trr 100, with the highway located east of the property. The home is a rambler Ai"i ditached two car garage. The applicant is proposing to construct an 8 ft fence akyng the easterly and westerly border of his property. The proposed 8 ft fence wod replace a chain link fence on the east and west lot lines. The south lot line will mainW the existing chain link fence. Ms. Aaker expl l the applicant is requesting a 2 ft fence height variance to allow an 8 f#,, nce aga t the frontage road along Hwy 100 and the pedestrian bridge next to the ponent's fide street and along the westerly lot line. The Zoning Ordir�,i 'flows for a maximum fence height of 6 ft in the side and rear yard areas and,*, axirnum height of 4 ft in the front yard area. The owner would like to screen Hwy 100 and an elevated pedestrian bridge from his property. The homeowner has indicated that the removal of several tall buckthorn bushes along the east lot line has prompted a need for screening. Noise and the visibility of the bridge and highway have become excessively intrusive. The owner has stated that the neighbor to the west has expressed concern regarding the removal of the buckthorn, exposing her property to the same noise and traffic. The neighbor to the west also has an elevated deck that is a challenge to screen from the highway. To address the neighbor's concerns, the applicant has proposed to build an 8 ft tall section of fence along the proponent's westerly lot line. Ms. Aaker concluded staff recommends approval of the request based on the following findings: 1) There is unique hardship to the property caused by: a. The existence of Hwy 100, the frontage road and the pedestrian bridge. b. The inability to properly screen the hwy from the subject property. c. The fence would allow a buffer between conflicting land uses, (Hwy verses residential home). 2) The variance would meet the intent of the ordinance since: a. The variance would be similar to other 8 ft fence installations that pre date the 6 ft maximum height ordinance change that occurred approximately 2 Y2 years ago. b. The variance would protect and maintain the residential character of the property and the neighborhood. and approval should be based on the following conditions: 1) The fence is installed as per the submitted plan dated August, 2007. 2) This variance will expire on September 6, 2008, unless the city has issued a building permit for the project covered by this variance or approved a time extension. The proponent Mr. Kimmell was present to respond to questions. Mr. Kimmel submitted letters of support from adjoinisip property owners. Board members expressed their agreement that the proposed request is reasonable and would not negatively impact surrounding properties. Mrs. Utne moved variance approval based on staff findings and subject to staff conditions. Mr. Schwartzbauer seconded the motion.>,All voted aye; motion carried. B-07-38 Dee Dee Drays Hill 5633 Woodcrest Drive Request: a 3 foot and a 1.1 foot side yard setback variance and a 3.4 foot basement height variance Ms. Aaker informed the board the subject property is a walk -out rambler with an attached two car garage that backs up to Minehaha Creek. The homeowner filed a building permit application with the city in early May for additions to the home including an expansion of the garage behind the home, some small extensions to the front of the house and a new second floor above the existing first floor. A total transformation in how the home will look is planned, although, very little footprint expansion is proposed with the exception of a garage expansion behind the existing garage. The initial set of plans reviewed conformed to all of the zoning setback, height and coverage requirements. Ms. Aaker explained the survey included with the permit application did not initially have the 100 year flood elevation indicated. Upon review of the amended survey, it was discovered that the existing basement elevation of the home is below the 100 year flood elevation and therefore subject to the FEMA flood plain rules. The basement floor is at an elevation of 858.7 and the 100 year flood elevation is 862. The owner and contractor were informed that the structure is considered a nonconforming obstruction in the floodplain and may not be added to or improved by more than 50% of the value of the existing structure. It is apparent that the FEMA floodplain ordinances are intended to limit improvements to property in the flood zone, given that those properties are vulnerable to periodic flooding. City records indicate that the subject home has experianced periodic flooding since the time of construction. Ms. Aaker asked the board to note that since May the property owner has been trying to resolve the issues relating to the flood plain ordinance and has moved forward with the only feasable option short of abandoning the project or a complete tear- down/re-build. The proposed plan lifts the walk -out basement by 4 ft 4 inches to provide a new basement elevation that will be one foot above the flood zone and therefore conforming to the flood plain ordinance. The 50% improvement limit imposed by the FEMA ordinances, (based on the structure value), would no longer apply so improvements as proposed could be accomplished. Unfortunately, raising the basement elevation impacts the zoning ordinance as it relates to altered basement elevations and side yard shack. Ms. Aaker pointed out the zoning ordinance was recently amended requiring that any new basements on developed property be raised no higher than 1 ft above the former, or existing basement elevation. The intent of the ordinance is to limit, at least to some degree, the over-all change that occurs with rebuilt homes by caping the opportunity to raise basements far and above those that exist today. The "starting point" has been limited to 1 ft above an existing basement elevation. The new rule encourages builders to dig foundations lower, if higher ceilings in basements are desired. The Planning Commision and City Council commented durring ordinance amelment that in cases where there are water table of flood plain issues limiting lower founttions, that variances from the rule should be considered. The FEMA flood plain rules spesifically limits expansion opportunity for property below the flood zone. It is the goal of the FEMA rules to remove properties that are obstructions. The homeowner is proposing to comply with the FEMA regulations but cannot with out benefit of variances granted from the zoning ordinance. Raising the basement also has the affect of inceasing the side wall heights of the design, forcing it out of height conformance for side yard setback. The original plan was design to fit within the setback requirements, however, lifting the basement up by 4 ft - 4 inches impacts the over-all side wall height. The plan does not bring the side walls any closer to the side lot lines than existing side walls. The basic building footprint remains the same. The north elevation requires a 1.1 ft side yard setback variance due to height. The lot is pie shaped and the side walls are at an angle to the side lot lines with the front corners of the home closer to the side lot lines. The front corner of the north side of home overlaps the required setback due to height, while the back corner conforms to the requirement. The south wall requires a 3 ft setback variance due to height. It should be noted that only the middle portion of the side wall, (gable above the garage), requires the height variance. The applicant is trying to maintain the basic 4 building footprint, preserve existing setbacks while conforming with the FEMA flood plain requirements. If it were possible to build the plan without raising the basement, no side yard setback variances would be required. Ms. Aaker concluded that staff recommends approval of the side yard and basement elevation variance based on the following findings: 1) Strict enforcement would cause undue hardship because of the following circumstances that are unique to this property: a. The basement is well below the flood zone. b. The existing location of the building on the lot. C. The plan will retain the basic building footprint. 2) The variance would be consistent with the spirit and intent of this ordinance for the following reasons: a. It will allow conformance with the FEMA flood plain ordinance b. It would allow a continuation and improvement of the home given the floodplain. Approval is also subject to the following conditions: 1. This variance will end one year from the date of approval, unless the city has issued a building permit for the project covered by this variance, or approved a time extension. 2. Watershed District permit approval. The proponent Ms. Drays Hill and her builder Mr. John Koch were present to respond to questions from the board. Interested neighbors were also present. Mrs. Utne told Ms. Aaker she understands the requirement about raising the grade so the proposed house is above the flood elevation and asked if the house as proposed meets the City's height requirement. Mrs. Utne pointed out in the past the City has been very careful when it comes to building height. Ms. Aaker responded that the proposed house meets Code at 28 feet, adding the house could actually be taller than presented. Ms. Aaker noted building height is measured from grade. Mrs. Utne asked what the square footage of the new house would be. Mr. Koch responded the new house would be around 6,000 square feet. Mr. Curtin, 5629 Woodcrest Drive commented that in the past the basement area of the subject home did "take on" water, especially during heavy rains, adding raising the grade does make sense. Mr. Schwartzbauer asked Ms. Aaker if raising the house out of the flood plain created the need for variances. Ms. Aaker responded yes and no. She said the subject property is caught between "rules". FEMA requires that the house be constructed above the flood elevation and City Code recently changed with regard to "fill" and raising the elevation of lots. Chair Schroeder said he is aware that in this neighborhood there are homes that were constructed without basements, questioning if that was ever considered. Continuing, Chair Schroeder said his concern is with building height and the extra effort the City has put into amending the Code to address building height. Chair Schroeder said he fully understands removing the proposed house from the flood plain; however, height is an issue regardless of flood plain or not. Mrs. Utne said she is also concerned with the mass of the proposed house. Ms. Drays Hill addressed the board and told them designing this home was a huge challenge for her. She added it was never her intent to build something not allowed. Ms. Hill agreed there are homes in the immediate area without basements and there are ramblers in the area, but there are also two story homes similar to the house she is proposing. Continuing, Ms. Hill said when she purchased her home it was never disclosed to her that the house flooded, adding now she has to correct that "issue". Ms. Hill said if she understands correctly if FEMA didn't require the "raising" of the grade to prevent future flooding a variance wouldn't be needed. She pointed out she could construct the house at the existing grade and not require a variance. Mrs. Utne commented that she didn't believe Ms. Hill would want to construct a house that would flood. Ms. Hill agreed with that comment, but asked what else she could do if she isn't granted variances. Mrs. Utne asked Ms. Hill if her proposal has received approval from the watershed district. Mr. Koch responded to date the watershed district hasn't approved Ms. Hills plan. Mr. Schwartzbauer said he is uncomfortable with this proposal, adding it really isn't the boards business to redesign plans; however, in this instance, in his opinion, the roof line appears too high and it could be lowered to reduce the magnitude of the variances while at the same time reducing mass. Ms. Hill responded if the roof line is altered she wouldn't be able to have a two- story home. Ms. Brooke Crane, 5636 Woodcrest Drive, told the board she believes the proposed house is just too massive, especially at this section of the road where it curves. Ms. Crane also said she is disappointed in the way the property has been maintained over the past few months. Continuing, Ms. Crane said if the house is permitted to be constructed as proposed the new house would completely overshadow all the other homes on the block. Mr. Crane stated the proposed house is just too tall and if build as depicted would negatively impact neighborhood privacy. Concluding, Ms. Crane said she really hates to "get off on the wrong foot" with a new neighbor, adding she really believes the house could be redesigned to better fit the lot and the neighborhood while at the same time "lifting" it out of the flood plain to avoid flooding. Mr. Freeman, 5637 Woodcrest Drive, told the board he believes the proposed house is well designed; however, as presented the house would tower over all the other homes along the block. Mr. Freeman told the board the majority of houses in the area were built in the 1960's and 1970's by Bloomberg, adding to raise the grade (which is needed due to continued basement flooding) and construct a full two story house would create the image of a giant house on a hill. Concluding, Mr. Freeman said to him it boils down to height. Mr. Freeman acknowledged the previous owners had to contend with sandbagging and continued flooding of their rear yard and basement area, reiterating, he understands raising the grade, but believes the proposed house is just too tall and would be out of character with houses in the neighborhood. Mrs. Utne asked Mr. Freeman if he ever had any water problems in his home. Mr. Freeman said his problem isn't with the creek it's with run-off. Mr. Freeman added it is common knowledge that homes in this area flood, including the subject site, which on numerous occasions needed to be sandbagged to minimize flooding in their home. Mr. Rogers, 5641 Woodcrest Drive told the board the neighborhood has been very frustrated with the flooding that has occurred over the years in their area, (including the subject site) adding in this instance while it is a good idea to construct the house at a higher elevation (to avoid flooding) the height of the house should be toned down — it's just too tall. Mr. Rogers said it also may be difficult to gain approval from the watershed district, concluding he had difficulty working with the watershed district. Ms. Eickhorn-Hicks, 5708 Woodland Lane, addressed the board and told them she resides across the creek from the subject site, adding her house doesn't flood, and she wants to keep it that way. Ms. Hicks said she has a concern that if the grade is changed to prevent flooding from occurring on the opposite side of the creek her property could be negatively impacted. Concluding, Ms. Hicks said her concern is with creek flow. Ms. Eickhorn-Hicks acknowledged that she is very aware flooding occurs on the subject site; adding she doesn't wish flooding on anyone but reiterated she doesn't want a change in elevation to change the flow of the creek. Mrs. Utne told the board in her opinion this is a very difficult project, adding she believes the proponent has the right to construct a house on this lot, and eliminate the potential for flooding, but with that said, Mrs. Utne stated she can't support the request as submitted. In her opinion the house could be redesigned to better match the neighborhood. It is just too tall, especially with the change in grade. Mrs. Utne suggested to Ms. Hill that she table her request to allow time to redesign the plan to reduce the height of the house. Mrs. Utne acknowledged Ms. Hills point about constructing the house without raising the grade, but reiterated she doesn't think she (Ms. Hill) would want to do that. Mr. Schwartzbauer said he doesn't want to prevent the property owner from raising the grade, but the proposed house doesn't have to be a full two-story home. Mr. Schwartzbauer stated he doesn't like the design of the house, there are too many peaks and grooves in it, and it is too tall. Mr. Schwartzbauer told the board he can't support the request as presented. Ms. Hill told the board she would like some direction. She said if she understands the FEMA ordinance correctly it would be possible to construct the home incrementally avoiding the 50% rule. A discussion ensued regarding Ms Hills point of the 50% rule and the height of the proposed house and measures that could be taken to reduce the massing while removing the house from the flood plain. Board members stressed their concern centers on height of the proposed house after it is raised out of the flood plain. Board members acknowledged they don't believe it would be of benefit to Ms. Hill to incrementally construct her house because a variance could still be required with regard to fill. Chair Schroeder said at this time he would like to entertain a motion. Mr. Schwartzbauer moved to deny B-07-38. Mrs. Utne seconded the motion. Mrs. Utne asked Ms. Hill if she was interested in tabling her request before the motion is called. Chair Schroeder interjected that he doesn't want anyone to assume if tabled that the proponent can "shop around" for a new board. Ms. Aaker said that is correct proponents can't "shop" boards. They are rotated via schedule into the next board. Ms. Hill asked the board to table her request. Mr. Schwartzbauer withdrew his motion. Mrs. Utne withdrew her second. Mr. Schwartzbauer moved to table B-07-38. Mrs. Utne seconded the motion. All voted aye; motion carried. B-07-39 Tim Harris 6100 Chowen Avenue Request: 4' side yard setback variance Ms. Aaker informed the board the subject property is a corner lot consisting of a one story home with an attached one car garage fronting Chowen Ave. So. and with a detached two car garage fronting West 61 st St. The property has had two access points for each garage, however, the driveway for the single stall garage fronting Chowen has been removed. The applicant is proposing to convert the attached single stall garage into a den. The over -head garage door will be removed and replaced with a window. The service door on the back wall will also be removed and replace with a window. The siding will be patched to match and the entire house and will be repainted after the exterior work is complete. Ms. Aaker explained the zoning ordinance allows a 5 ft side yard setback for attached garages. Living space is required to maintain a 10 ft setback. The existing one car garage is located 6 ft from the side lot line. To comply with the ordinance requires that 4 ft of the existing structure be removed or a variance is granted to allow the use conversion. The homeowner was surprised that a variance would be required for the den conversion. Ms. Aaker concluded staff recommends approval of requested side yard setback variance based on the following findings: 1) There is a unique hardship to the property caused by: a. The location of the existing single stall garage relative to the side lot line. b. There is no benefit to the property if the garage were to be reduced in size. c. There are limited design options. 2) The variance would meet the intent of the ordinance since: a. The encroachment is an existing condition and is minimal in amount and scale. b. The improvements maintain the existing wall lines and architecture of the home and would have no impact on sight lines. c. The additions would be consistent with the neighborhood character. Approval is also based on the following conditions: 1) The addition must be constructed as per the submitted plan dated August 2007. 2) The variance will expire on September 6, 2008, unless the city has Issued a building permit for the project covered by this variance or or approved a time extension. The proponent, Mr. Harris was present. Mr. Schwartzbauer moved variance approval based on staff findings and subject to staff conditions. Mrs. Utne seconded the motion. All voted aye; motion carried. IV. ADJOURNMENT: The meeting adjourned at 6:55 pm NX Somitted byT", 9