HomeMy WebLinkAbout2007 10-04 Zoning Board of Appeals Meeting Minutes RegularMINUTES
Regular Meeting of the Edina Zoning Board
Thursday, October 4, 2007, 5:30 PM
Edina City Hall Council Chambers
4801 West 50th Street
MEMBERS PRESENT:
Chair Rose -Mary Utne, Mary Vasaly, Ed Schwartzbauer and Kevin Staunton
MEMBERS ABSENT:
Michael Fischer
STAFF PRESENT:
Kris Aaker and Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
The minutes of the August 2, 2007, meeting were approved as submitted.
11. NEW BUSINESS:
B-07-41 Howard Bolter and Susan Soranno
6990 Tupa Drive, Edina, MN
Request: 3 ft setback variance request.
Ms. Aaker informed the Board the subject property consists of a multi level home
with an attached two car garage located at the end of Tupa Drive cul-de-sac. The
applicants are proposing to construct an 18 ft x 40 ft in ground swimming pool with a
spa in the back yard area of their property.
Ms. Aaker explained the applicants are requesting a variance to allow the waters
edge of an in ground pool to be located 11 ft from the rear lot line. The ordinance
requires a 14 ft setback from the pool's edge and a 10 ft setback to the edge of the
required, (4 ft), of decking.
Ms. Aaker noted the homeowners have stated that the proposed pool/spa
locates a small portion of the pool into the required setback area. The homeowners
indicated that the variance would alleviate possible safety concerns because it allows
the pool/spa to be moved farther away from the house. Moving the pool would avoid
potential danger according to the applicant by keeping it greater than 5 ft away from the
back wall of the home. Other pool locations are out of the question given the amount of
dirt removal and retaining walls needed. The pool would back up to a heavily wooded
Ms. Aaker concluded staff is concerned about the lack of unique hardship that
would support approval of a variance. The pool addition can be accomplished within the
setback requirements. Pools can be custom designed and can fit within the parameters
of the ordinance. Mr. Aaker stated staff recommends denial of the 3 foot variance
requested based on the following findings: there is no unique hardship to the property;
the pool may be redesigned to comply and the back yard is generous in area and could
support a pool in a conforming location.
The proponents, Mr. Bolter and Ms. Soranno were present to respond to
questions.
Chair Utne stated as she reviewed the plans she came to the conclusion that the
pool could be shifted to the north reducing or eliminating the variance. Ms. Aaker
responded that is correct, the pool can be shifted and/or redesigned to comply with
Code.
Mr. Bolter addressed the Board and explained his lot is subjected to very unique
characteristics with practical difficulties with the main difficulty the steep topography.
Mr. Bolter pointed out much of the lot is unusable because of the terrain. Mr. Bolter told
the Board they did take a look at angling the pool, but repositioning the pool would
result in having to take down too many large trees and upsetting the existing vegetation.
Concluding, Mr. Bolter reiterated the characteristics of his lot make redesign of the pool
very difficult.
Mr. Staunton acknowledged the steep topography of the lot and asked what
would happen to the retaining wall if the pool were repositioned. Mr. Bolter responded it
would depend on where the pool were repositioned; adding a retaining wall would be
required regardless of pool placement.
Mrs. Vasaly asked Ms. Aaker if there is a "standard" pool size in the Code. Ms.
Aaker responded to the best of her knowledge there isn't a "standard" pool size in the
Code, adding pool size is very individual and pools come in many different shapes and
sizes.
Mr. Bolter told the Board their desire is to use their pool to swim laps, which
requires a more traditional rectangular pool 18'X 40'.
Mr. Schwartzbauer told the Board in his opinion the hardship in this situation is
the shape of the lot, the topography of the lot and house placement. Mr.
Schwartzbauer said an 18' X 40' pool isn't unusual, concluding in this instance he
doesn't agree with the position of staff.
Mrs. Utne said she understands the lot is difficult but believes more could be
done to design a pool that conforms to Code.
Mrs. Vasaly said she is leaning to deny the request; however, pool placement
conforming or nonconforming doesn't really impact anyone.
Mr. Staunton told the Board his first thought when he reviewed the plans was
that the pool could be moved and/or redesigned; adding he is also persuaded by the
topography that redesigning the pool would be a challenge. Mr. Staunton said he
agrees with Mrs. Vasaly's comment that the pool if constructed in a conforming or
nonconforming location would have little if any impact on the surrounding properties.
Mr. Staunton stated he is torn, he added the pool could be redesigned, but what would
redesign do to the trees and vegetation.
Mr. Schwartzbauer moved variance approval subject to the plans
presented. Mr. Staunton seconded the motion.
Mr. Staunton said at this time with weighing the impact he can support the
variance request as presented.
Mrs. Vasaly said at this time she is 50/50, but would feel more comfortable if the
pool were redesigned to comply with Code.
Mr. Schwartzbauer said in his opinion what the Board needs to remember is
even if this is "just a pool" the property owners have as much right to achieve their pool
as they would have if it were an addition. Mr. Schwartzbauer stated the pool does not
negatively impact surrounding properties nor does it harm the public, concluding he
stated he supports the request as submitted.
Chair Utne said Mr. Schwartzbauer has made some good points and
acknowledged the pool could be redesigned; however the topography does present a
challenge and hardship.
Chair Utne called for the vote. Ayes; Schwartzbauer, Staunton, Utne. Nay,
Vasaly. Motion carried.
B-07.42 Pat RileyNalerie Francou
5513 Halifax Lane, Edina, MN
Request: An 8 inch side yard setback variance
Ms. Aaker informed the Board the subject property is a multi-level home with an
attached two car tuck -under garage. The applicant is proposing to construct a 460 ft
addition to the back of the home. The addition will extend the existing nonconforming
north building wall into the rear yard. A survey of the property reveals that the home is
nonconforming regarding the minimum side yard setback requirement. The home is
located 6 ft from the side yard instead of the required 6 ft 8 inches. The homeowners
would like to maintain the same nonconforming side yard setback of the house for the
addition. The homeowners are also proposing an expanded garage area that would
conform to the minimum 5 ft required setback.
Ms. Aaker explained the applicant is requesting an 8 inch side yard setback
variance to allow the side wall to continue to be 8 inches inside the required 6 ft 8 inch
setback.
Ms. Aaker concluded staff recommends approval of the requested 8 inch side
yard setback variance for proximity based on the following findings:
1) There is unique hardship to the property caused by:
a. The existence of the nonconforming northerly side wall.
b. The addition will match the existing conditions on site.
2) The variance would meet the intent of the ordinance since:
a. The variance would be similar to existing conditions.
- b. The variance would maintain the residential character of the property and
the neighborhood.
Ms. Aaker stated approval should also be based on the following conditions:
1) The addition shall be constructed as per the submitted plan dated July 2007.
2) This variance will expire on October 4, 2008, unless the city has issued a
building permit for the project covered by this variance or approved a time
extension.
The proponents were present to respond to questions.
Mr. Schwartzbauer moved variance approval subject to the plans
presented, the use of matching materials, based on staff findings and subject to
staff conditions. Mrs. Vasaly seconded the motion. All voted aye; motion carried
B-07-43 Mary Beth Hamann
5308 West 62nd Street
Request: 4 ft side yard variance request.
Ms. Aaker informed the Board the subject property is a one story home with an
attached two car garage located on the north side of West 62"d St. The applicant is
proposing to construct a 267 sq ft addition to the back of the home. A survey of the
property reveals that the home is nonconforming regarding the minimum 10 ft side yard
setback requirement. The home is located 6.7 ft from the side yard instead of the
required 10 ft. The side wall of the home is not parallel with the side lot line so the
farther the side wall is extended into the rear yard, the closer it becomes to the side
yard. The addition is proposed to be 6 ft from the side lot line. The homeowner would
like to extend the same nonconforming side wall into the rear yard.
Ms. Aaker explained the applicant is requesting a 4 ft side yard setback variance
to allow the continuation of the side wall into the rear yard by 9.3 ft. The homeowner
has stated that her wish is to build a modest addition to the back of the house that will
open up the kitchen, add casual dining space, increase the bedroom space and make
the main bathroom handicapped accessible so that her life-long, live-in adult
handicapped daughter will be able to navigate around the house more easily.
Ms. Aaker concluded staff recommends approval of the requested 4 ft side yard
setback variance for proximity.
Approval should be based on the following conditions:
• The addition shall be constructed as per the submitted plan dated September 13,
2007. _
• This variance will expire on October 4, 2008, unless the city has issued a
building permit for the project covered by this variance or approved a time
extension.
The proponent, Ms. Hamann was present to respond to questions from the
Board.
Ms. Hamann told the Board her addition is modest in scope and scale and is
needed to accommodate her handicapped daughter.
Mrs. Vasaly moved variance approval subject to the plans presented the
use of like materials, based on staff findings and subject to staff conditions. Mr.
Staunton seconded the motion. All voted aye; motion carried.
B_07-44 Ronald and Kristine Erickson
5123 Lake Ridge Road, Edina, MN
Request: a 2 foot fence height variance for a 6 foot fence in
the front yard setback area
Ms. HaKer inrormea the Board the subject property is located at the end of Lake
Point Drive. The road widens at the end, but is not a full cul-de-sac. The home located
on the property is a two story home with an attached garage. The driveway accessing
the property from Lake Point Drive appears sometimes to people driving through the
neighborhood as an extension of the street. The applicant is proposing to construct a 6
ft fence along the north, south and westerly border of the property for the purposes of
defining the property by protective barrier. The proposed 6 ft fence would be gated at
the driveway and would provide a visual separation from the street.
Ms. Aaker explained rhe applicant is requesting a 2 ft fence height variance to
allow an extension` of an existing 6 ft fence to enclose the perimeter of the property. The
Zoning Ordinance allows a maximum fence height of 6 ft in the side and rear yard areas
and a maximum height of 4 ft in the front yard area. The owner would like to surround
the lot with a 6 ft, open picket steel fence.
Ms. Aaker concluded staff recommends approval of the requested 2ft fence
height variance.
Approval is based on the following findings:
• There is unique hardship to the property caused by:
a. The existence of the dead-end street connecting with the proponent's
driveway. -
b. The inability to properly secure the subject property after numerous
confused drivers.
c. The fence would allow a buffer between the end of the street and the
subject property
• The variance would meet the intent of the ordinance since:
a. The variance would be similar to other 6 ft fence installations that
pre date the current code.
b. The variance would protect and maintain the residential character
of the property and the neighborhood.
Ms. Aaker said Approval is also based on the following conditions:
• The fence is installed as per the submitted plan dated September, 2007.
• This variance will expire on October 4, 2008, unless the city has issued a
building permit for the project covered by this variance or approved a time
extension.
Mr. Mark Lumry was present representing Mr. and Mrs. Erickson.
6
Mr. Staunton asked if the requested increase in fence height is due to security.
Mr. Lumry responded yes, adding the Erickson's suffered a break-in to their home and
it is believed (the way the lot/house is placed at the end of the street) that an increase
in fence height would deter trespass.
Mrs. Utne said she usually doesn't support high fences but in this instance she
agrees the increase in fence height is a good idea.
Mrs. Vasaly said she also agrees the increase in fence height is a good idea,
adding the placement of the house and lot in relationship to the block reduce any
negative impact from the fence. Mrs. Vasaly also pointed out the property owners have
the support of their most impacted neighbor.
Mr. Staunton moved variance approval subject to the plans presented
based on staff findings and subject to staff conditions. Mrs. Vasaly seconded the
motion. All voted aye; motion carried.
III. ADJOURNMENT:
The meeting was adjourned at 6:50 PM