Loading...
HomeMy WebLinkAbout2007 11-15 Zoning Board of Appeals Meeting Minutes Regularo'Vto MINUTE SUMMARY Edina Zoning Board of Appeals November 15, 2007 Edina City Hall CommunilRoom 4801 West 50 Street MEMBERS PRESENT: Acting Chair Rod Hardy, James Nelson and Arlene Forrest STAFF PRESENT: Cary Teague, Kris Aaker and Jackie Hoogenakker I. APPROVAL OF THE MINUTES:. The minutes of the September 20, 2007 meeting were filed as submitted. I1. NEW BUSINESS: B-07-47 Cypress Equities 7311 France Avenue, Edina, MN Request: Variance to allow signage to face City Park Mr. Teague informed the Board the applicant has received final development plan approval to tear down the old 40,000 square foot AMC movie theater, and build the following: A 31,000 square foot single level retail building along France Avenue and a 22,000 square foot retail building with a 5 level parking ramp above. Mr. Teague explained the development has been designed to face Centennial Lakes Park. It has been designed to encourage pedestrian movement to and from the site by providing a large sidewalk along France Avenue, and providing connections to the Centennial Lakes Park. Mr. Teague said at this time the developer is requesting a variance to allow signage above the store fronts that face the park. All other signage within the development would meet Code. Mr. Teague concluded that staff recommends approval of the requested variance to allow signage to face a public park. Approval is based on the following findings: 1. The proposed use of the property is reasonable. The store fronts face Centennial Lakes Park. The approved plan encourages ground level retail and service uses that create an active pedestrian environment including access to Centennial Lakes Park. A hardship would be brought upon the applicant and future tenants, if no signage were allowed at the store fronts. 2. The intent of the ordinance is to prevent signage on the backs of buildings that face Centennial Lake. 3. Approval of this variance would not set a precedent for future requests, as the only other retail development in the MDD-6 District does not have store fronts that face Centennial Lakes Park. Mr. Teague stated approval is also subject to the following conditions: 1. All other signage must comply with the zoning and sign ordinance. 2. No signage shall be allowed on the walls of Buildings B and C that face east, as there are no store entrances at that elevation. Mr. Brett Witzig was present representing Cypress Equities. Member Forrest asked Mr. Teague if the proposed signs will be lighted. Mr. Teague responded in the affirmative. Member Hardy commented that it appears to him that the pedestrian walkway around the lake is at a lower elevation and questioned if a landscaping plan was submitted and approved. Continuing, Member Hardy said it is possible due to the lower elevation of the park path that building signage may not be visible from the park path. Mr. Teague responded there is an approved landscaping plan, agreeing with Member Hardy's observation that it is possible that from certain areas along the path signage may not be visible. Continuing, Member Hardy questioned if any signage is planned for France Avenue. Mr. Teague pointed out a monument sign is proposed and there will be signage on the elevation of the west building wall (France Avenue). Mr. Brett Witzig addressed the Board and explained that it is very important for retail tenants to have signage on their storefronts. Mr. Witzig pointed out that the entrance door(s) to the shops are located on the east elevation of the building, not the west, reiterating signage is needed to identify individual building entrances. Member Forrest told the Board she is very concerned with the signage package as presented. Member Forrest said, at least in her opinion that signage is also important along France Avenue as an identifier, and any signage on the interior (east) wall could be reduced and illuminated differently so light doesn't spill across the lake to the residential properties. Member Forrest suggested that the signs on the east elevation be reduced in size and any lighting be directed down so it doesn't spill out toward the lake, park and residential properties across the lake. Mr. Witzig told the Board the lit signs would not be on all evening, adding they would be receptive to turning off the lit signs at a specific time. Member Nelson asked Mr. Witzig if the residents across the lake are aware of the proposed signage on the east elevation. Mr. Witzig responded in the affirmative. Mr. Witzig said his team worked closely with the residential neighborhood to the east on this proposal, and those residents were aware there would be signage on the east elevation of the retail building(s). Member Nelson asked Mr. Witzig if the proposed signs will be neon. Mr. Witzig responded Cypress doesn't allow neon signage on their buildings. Mr. Witzig added he assumes the signage will be internally lit panels. Continuing, Mr. Witzig stated there would be no problem working within the guidelines of Edina's Sign Code. Mr. Witzig pointed out the variance request is to allow signage to face the park. The individual tenant identification signs would comply with Code. Member Hardy asked Mr. Witzig if Cypress would have any problem if a time limit was placed on the illuminated signs, especially for the restaurants. Mr. Witzig said there would be no problem limiting the hours the illuminated signs could be on. Member Forrest reiterated she struggles with this request especially in light of the fact that most of the traffic will be coming from France Avenue, adding in her opinion that is where the bulk of the signage should be. Continuing, Member Forrest stated if the sign variance is approved the signage facing the park should be reduced in size, and reiterated any illumination should be down lit or indirect to prevent spill onto the park. Member Forrest commented that she believes signage could be tastefully designed to meet the identification needs of the individual tenants with minimal impact on surrounding properties. Member Hardy pointed out there doesn't appear to be a high degree of sign design presented in the plans. Mr. Teague agreed. He pointed out at this time the proponents are requesting that the City grant them a variance to allow signage to face the City park. Mr. Teague said at this time he doesn't believe Cypress knows the final tenant mix; pointing out when that is known all signs would need to comply with the Sign Code. Member Forrest commented that she understands the need for signage; however, believes that any signage facing the park could be capped at 10% not the allowed 15%. Member Hardy said he doesn't feel he has enough education with regard to signage on if 10% or 15% is better; however, he does feel lighting is important and it should be minimal, and the hours the signs are lit should be addressed. Member Hardy suggested that during the week the signs should be turned off by 10 PM, and on the weekend allow the signs on the restaurants to be lit longer, maybe until midnight. Mr. Witzig reiterated Cypress is willing to work with staff and the Board. Mr. Witzig said he believes the majority of retailers will close their doors at 9 PM, with the restaurants open longer. A discussion ensued with Board Members agreeing that tabling the requested variance would be best. It would allow the proponent more time to look at different lighting scenarios that would reduce or eliminate light spillage and also allow them time to look at reducing the size of the signage. Board Members acknowledged 15% is allowed but that may be too large facing a park. Member Hardy moved to table B-07-47. Member Forrest seconded the motion. All voted aye; motion carried. B-07-46 Scott Benning 6821 Southdale Road Request: 1.1 foot side yard setback variance Ms. Aaker informed the Board the subject property is located on the east side of Southdale Road consisting of a rambler with an attached single stall garage. The applicant is proposing to construct a detached two car garage to be located in the back yard of the property to be accessed by a 12 wide driveway adjacent to the south lot line. The detached garage and driveway conform to all of the zoning ordinance requirements and do not require a variance. The property owner is hoping to in -fill the existing front loading garage on the north side with living space and remove the existing driveway access and curb cut. The area would be landscaped where the driveway had been removed. The existing garage is a single stall garage. Section 850.08, Subd. 1, A., of the zoning ordinance requires a minimum two car garage per single dwelling unit. The property is nonconforming, however, will exceed the minimum requirement with the installation of the two car detached garage. It is the home owner's desire to eliminate the single stall attached garage by converting it into living space. The existing attached garage conforms to the minimum 5 ft side yard setback, however, would not conform to the 10 setback required for living space. The garage wall is located 8.8 ft to the side lot line. Ms. Aaker explained the applicant is requesting a 1.1 ft side yard setback variance to allow the conversion of garage area to living space. Ms. Aaker concluded staff recommends approval of the requested 1.1 ft side yard setback variance for 6821 Southdale Road, Scott Benning, owner based on the following findings: a. The existence of a substandard front loading attached garage. b. There is no opportunity to add on to the existing garage to accomplish a two car garage. c. The property would comply with the minimum two car garage requirement, however, with an unnecessary single stall attached garage. 4 Ms. Aaker stated approval is also conditioned on the following: 1) Removal of the existing driveway to be replaced with landscaping. 2) Removal of the existing curb cut. 3) This variance will expire on November 15, 2008, unless the city has issued a building permit for the project covered by this variance or approved a time extension. The proponent, Mr. Benning was present. Member Forrest moved variance approval based on staff findings and subject to staff conditions. Member Nelson seconded the motion. All voted aye; motion carried. B-07-48 Matt and Amy Olson 5028 Yvonne Terrace Request: 4.5' side yard setback variance Ms. Aaker told the Board the subject property is a one story home with an attached two car garage located on the north side of Yvonne Terrace. The applicant is proposing to construct a master bathroom, great room and breakfast nook addition to the back of the home. To maintain the 25% maximum allowable lot coverage, the homeowners are proposing to reduce the size of their garage. A survey of the property reveals that the home is nonconforming regarding the minimum 10 ft side yard setback requirement on the east side. The home is located 5.4 ft from the east side yard instead of the required 10 ft. The homeowner would like to extend the same nonconforming side wall 12 ft into the rear yard. Ms. Aaker explained the applicant is requesting a 4.4 ft side yard setback variance to allow the continuation of an existing nonconforming side wall into the rear yard. Ms. Aaker said the homeowner has also stated that there would be no impact on grading and drainage on the east side. The builder has indicated that the existing master bedroom cannot be expanded properly without extending the existing nonconforming side wall. The master bedroom is currently quite small. Ms. Aaker concluded staff recommends approval of the requested 4.4 ft side yard setback variance for proximity based on the following findings: • The existence of the nonconforming easterly side wall. • The home was located closer to the easterly lot line. • The addition will match the existing conditions on site. • the variance would be similar to existing conditions. • The variance would maintain the residential character of the property and the neighborhood. Ms. Aaker concluded approval is also based on the following conditions: 4) The addition shall be constructed as per the submitted plan dated July 29, 2005. 5) This variance will expire on November 15, 2008, unless the city has issued a building permit for the project covered by this variance or approved a time extension. Mr. Matt Anderson was present representing Mr. and Mrs. Olson. Member Nelson moved variance approval based on staff findings and subject to staff conditions. Member Forrest seconded the motion. All voted aye; motion carried. III. ADJOURNMENT: The meeting was adjourned at 6:45 pm 6