HomeMy WebLinkAbout2007 12-06 Zoning Board of Appeals Meeting Minutes Reglarr,§
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MEMBERS PRESENT:
MINUTE SUMMARY
ZONING BOARD OF APPEALS
THURSDAY, DECEMBER 6, 2007, 5:30 PM
EDINA CITY HALL COUNCIL CHAMBERS
4801 WEST 50TH STREET
Rose -Mary Utne, Mike Fischer, Kevin Staunton, Mary Vasaly and Ed
Schwartzbauer
STAFF PRESENT:
Kris Aaker and Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
The minutes of the October 4, 2007, meeting were filed as submitted.
II. NEW BUSINESS:
B-07-49 Anthony and Elizabeth Burger
6629 West Shore Drive
Request: 8.57' side yard setback variance and a 4' side yard
setback variance for deck and a 9.6' rear yard setback
variance for a porch
Ms. Aaker informed the Board the subject property is a one story home with an
attached tuck -under three car garage located on the east side of West Shore Drive.
The property is large, odd shaped, deep lot that backs up to park property adjacent to
Lake Cornelia. The park property is unimproved and does not have direct public
access. All of the lots along the east side of Lake Cornelia and north of Laguna have
public property along Lake Cornelia beyond their rear lot lines. Visually it looks as if the
residential lots extend down to the lake; however, they all have public property adjacent
and along Lake Cornelia. All of the homes along West shore drive are located closer to
the street than the subject home. Review of the site survey reveals that the subject
home was built at the far eastern end of the lot and with substandard setbacks. The
north side yard setback is 5 ft from the side lot line and the rear, (east), setback is 20 ft.
The required side yard setback is 10 ft plus more must be added given wall height and
25 ft for the rear yard setback. Visually it appears that there is plenty of lot area around
the north and east sides of the home, however, the house is actually right up against
park property.
The owners are proposing a %2 story addition to their existing home, a porch
addition to the lower level and deck rebuild on the main level. The additions will be part
of a dramatic transformation of the home. The plan requires an 8.25 ft side yard
setback variance to add a second story given the existing nonconforming, north side
yard setback and given the added height. The second floor will not bring the north
building wall any closer to the side yard than the existing side wall. The proposed porch
and second story addition requires a variance from the 25 ft rear yard setback. The
home is currently 20 ft from the rear lot line and is nonconforming. The second floor
addition would maintain the existing nonconforming 20 ft rear yard setback. The
proposed porch is an expansion of the building footprint with a 9.6 ft encroachment
proposed into the rear yard setback. The new deck on the main level will replace an
existing deck, however, would be closer to the side lot line than the existing deck. The
new deck will allow a walkway connection to the open porch remodeled above the
garage. The deck is proposed to be approximately 1 ft from the north side lot line. The
Zoning Ordinance requires that all new additions maintain the current required setback.
The subject home is already nonconforming with most improvements requiring a
variance from the current code.
The homeowners have indicated that the original house was built with setbacks
allowed to be less than current standards and that the granting of variances would
correct extraordinary conditions not created by the applicant.
Ms. Aaker concluded staff recommends approval of the requested setback variances
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 setbacks.
b. The existing home was designed at an angle to the lot lines and with
nonconforming setbacks which allows for impressive views, but has
severely limited the expansion potential of the structure.
c. The variances would allow for the original structure to remain with limited
impact on existing setback.
2) The variance would meet the intent of the ordinance since:
a. The encroachment would be adjacent to vacant property held by the City
of Edina that would remain as a buffer around the lot.
b. The improvements would follow the architecture of the home, would be
similar to improvements down the block and should have no impact on
sight lines.
c. The addition would be a reasonable use given the hardship imposed by
the required setbacks and inability to relocate the improvements.
Approval is also based on the following conditions:
1) The addition must be constructed as per the submitted plan dated November
16, 2007.
2) The variance will expire on December 6, 2008, unless the city has
Issued a building permit for the project covered by this variance or approved
a time extension.
3) Subject to the restrictions as requested by John Keprios - Park and
Recreation Director in a memorandum date November 21, 2007 and attached
for reference.
The proponent, Mr. and Mrs. Burger were present. Mr. Scott Durand, architect
and Mr. Gordon Johnson attorney were also present.
Member Fischer referred to the survey and questioned if any structures are
located on city property. Ms. Aaker responded there is a play system and driveway that
are partially located on city property. Ms. Aaker said this isn't really a problem, pointing
out the driveway will be relocated.
Member Staunton questioned how this house ever got to be located where it is.
Ms. Aaker explained the original property was very large and the lots were developed
then platted, which created non -conforming structure(s). Ms. Aaker stated this house is
in a very unusual location based on the size of the lot.
Member Utne told Board Members this is her neighborhood, adding the original
owner of this house also developed and constructed the 6 other adjacent homes.
Member Utne explained the original plat contained only two lots, adding the original
"homestead" also contained a small golf course and Ball Park, the subject house was
constructed and after construction the property was divided up.
Mr. Durand, told the Board this property was very carefully reviewed during the
design process, adding there is plenty of space on this lot, it's large, but because of the
house placement any addition or changes to the house creates the necessity to seek
variances. Continuing, Mr. Durand added he honestly doesn't know why the existing
house was constructed in this location, maybe to take better advantage of views,
reiterating no one really knows the reasoning behind the present house placement. Mr.
Durand said he believes in this instance a hardship really exists, nothing can be done to
this house without variances. Mr. Durand noted the house isn't that visible from West
Shore Drive, and if the City wants the property owners to remove the existing sand box
and swing -set they will.
Mr. Johnson told the Board Mr. and Mrs. Burger agree to the conditions laid out
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in the staff report.
A brief discussion ensued with Board Members in agreement that this lot is very
unique in Edina, acknowledging there is a clear hardship present due to the unusual
placement of the house.
Mrs. Vasaly moved variance approval based on staff findings and subject
to staff conditions. Mr. Fischer seconded the motion. All voted aye; motion
carried.
B-07-50 Wade and Anne Tallman
6009 Ashcroft Avenue
Request: Approve the 4.04 ft side yard variance request.
Ms. Aaker told the Board the subject property is a one story, walk -out home with
an attached two car garage located on the east side of Ashcroft Ave. The applicants are
proposing to construct a 232 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 5.15 ft from the north side yard instead of
the required 10 ft. The addition is proposed to be 7.21 ft from the north side lot line. The
addition requires added setback due to height of the addition. The lower level and the
first floor are exposed with the height of the addition from grade to the top of the first
floor proposed to be 17.5 ft. The proposed height adds 1.25 ft to the minimum 10 ft side
yard setback requirement. The ordinance requires that 6 inches of setback be added to
the minimum 10 ft setback for each 12 inches wall height exceeds 15 ft. The required
setback for the addition is 11.25 ft. The proposed setback is 7.21 ft. The homeowner
would like to extend a nonconforming side wall into the rear yard.
Ms. Aaker explained the homeowners have stated that their wish is to build a
modest addition to the back of the house that will increase the bedroom space on the
main and lower level. The homeowners had submitted a building permit for the addition
to continue the north sidewall into the rear yard. It was indicated to them by city staff
that the proposal would require a variance and it was asked if other alternatives had
been considered. The homeowners adjusted the setback so that the side wall is two
feet farther from the lot line than the existing side wall. The addition cannot be shifted
farther south due to existing window placement.
Ms. Aaker concluded staff recommends approval of the requested 4.04 ft side
yard setback variance for proximity based on the following findings:
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There is unique hardship to the property caused by:
• The existence of the nonconforming northerly side wall.
• The home was located closer to the northerly lot line with little opportunity
for adjustment due to window placement.
• The addition will improve the existing conditions on site.
Approval should also be based on the following conditions:
1) The addition shall be constructed as per the submitted plan dated November
7, 2007.
2) This variance will expire on December 6, 2008, unless the city has issued a
building permit for the project covered by this variance or approved a time
extension.
The proponents, Mr. and Mrs. Tallman were present.
After a brief discussion Member Schwartzbauer moved variance approval
based on staff findings and subject to staff conditions. Member Vasaly seconded
the motion. All voted aye; motion carried.
III. ADJOURNMENT:
The meeting was adjourned at 6:15 PM
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