HomeMy WebLinkAbout2008 02-07 Zoning Board of Appeals Meeting Minutes RegularMINUTE SUMMARY
Zoning Board of Appeals
Thursday, February 7, 2008, 5:30 PM
Edina City Hall Council Chambers
4801 West 50th Street
MEMBERS PRESENT:
Chair Mike Fischer, Kevin Staunton, and Edward Schwartzbauer
STAFF PRESENT:
Kris Aaker and Jackie Hoogenakker
I. APPROVAL OF MINUTE SUMMARY:
The minutes of the December 6, 2007, meeting were filed as submitted.
II. NEW BUSINESS:
B-08-2 Diane Miller/Jason Kourkoules MA Peterson
4814 Lakeview Drive, Edina
Request: A 2.42 ft setback variance from Lake Harvey for a deck addn
Ms. Aaker informed the Board the subject property is located along Lakeview
Drive, backs up to Lake Harvey and consists of a one story walk -out home with an
attached tuck -under two car garage and a detached two car garage located east of the
home. The applicants are proposing to construct a 280 sq ft addition to the kitchen
behind the home to include an elevated 6' —10" x 20' concrete and steel deck. The
addition to the home expands the small kitchen which will conform to all required
setbacks. The deck is the only portion of the addition that will encroach by 2.42 ft into
the 50 ft setback required from Lake Harvey. The deck encroachment will consist of
approximately 35 sq ft. A survey of the property reveals that the home is located
approximately 64.3 ft from the Lake and the detached garage is located approximately
37 ft from the lake edge.
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 living space on the main
level kitchen. The addition is to include a small deck that will allow a shallow area for
grilling and sitting. It should be noted that the property has received variances in the
past. A variance was granted in 1997 to locate the detached garage within the 50 ft
setback from Lake Harvey. It was indicated at that time that because the attached
garage is a tuck -under, with living space above, there is limited space to achieve the
desired garage entrance height and that hardship existed because of the DNR
mandated setbacks from water bodies in areas developed before the regulations
changed. In 2004 variances were granted on the property for an addition on the back of
the home including a connection to a new loft area to be above the detached garage.
The addition was to create a larger more serviceable kitchen and add a family room in
addition to connecting to the detached garage. The Zoning Board indicated that the
setbacks created a hardship limiting the ability for a reasonable addition with the
driveway to the tuck -under garage preventing any building opportunity to the east. The
plan approved in 2004 was never submitted for permit and the variance has since
lapsed. Ms. Aaker pointed out the proposed kitchen with deck addition is a far more
modest proposal and less impacting than the plan approved in 2004. All of the interior
space conforms to the required setback. Only 35 sq ft of the proposed deck will
encroach.
Ms. Aaker concluded staff recommends approval of the 2.42 ft setback variance
for proximity to Lake Harvey based on the following findings:
1) There is unique hardship to the property caused by:
a. The existence of other homes and structures closer to the lake than the
proposed deck.
b. The home was built prior to current setback requirements
c. The addition will improve the existing conditions on site by allowing a
minimal encroachment into setback.
d. The variance would be similar to existing surrounding conditions.
e. 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 January
15, 2008.
2) This variance will expire on February 7, 2009, unless the city has issued a
building permit for the project covered by this variance or approved a time
extension.
Mr. Kourkoules was present to respond to questions from the Board.
Member Staunton asked Ms. Aaker if she knows when the pool was installed.
Ms. Aaker responded she isn't sure of that date, adding the pool is an older pool.
Member Staunton stated as he views this site it's fair to say one can't really go
anywhere, especially to the front without the need for a variance. Ms. Aaker responded
that is correct, adding the configuration of the lot and its relationship to Lake Harvey
create a challenged site. The location of the existing pool also compromises deck
placement.
Mr. Kourkoules told the Board other locations were considered but the existing
pool and required pool decking made it difficult to design without the need for a
variance.
A discussion ensued with Board Members in agreement that the "allowed"
building pad on this lot is very small and locating the deck in another location would
impact the pool.
Member Schwartzbauer moved variance approval based on staff findings and
subject to staff conditions. Member Staunton seconded the motion. All voted aye;
motion carried.
III. ADJOURNMENT:
The meeting adjourned at 6:00 PM
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