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HomeMy WebLinkAbout2008 04-10 Zoning Board of Appeals Meeting Minutes RegularMINUTE SUMMARY Edina Zoning Board of Appeals Thursday, April 10, 2008, 5:30 PM Edina Commuril Room 4801 West 50 Street MEMBERS PRESENT: Kevin Staunton, Mike Fischer, Mary Vasaly, Scott Davidson and Bernadette Hornig STAFF PRESENT: Kris Aaker and Jackie Hoogenakker I. APPROVAL OF MINUTE SUMMARY: The minutes of the February 7, 2008, were filed as submitted. II. NEW BUSINESS: B-08-11 Jay and Lynn Rohkohl 5505 Woodcrest Drive, Edina, MN Request: A 5.7 foot rear yard setback variance Ms. Aaker informed the Board the subject property is located on the east side of Woodcrest Drive and backs up to Minnehaha Creek. The home is located within the Regulatory Flood Protection Elevation and has a basement floor below the 100 year flood elevation. The home is considered a "nonconforming obstruction" within the floodplain; however, all proposed improvements have been designed to comply with the floodplain ordinances. The existing home predates the city's floodplain study and corresponding ordinances that now apply. All proposed improvements have been mindful of the FEMA Floodplain regulations. Ms. Aaker explained the home is a 1 Y2 story home with an attached two car garage. The home was built in 1957 and has not been substantially improved since construction with only maintenance done to the property over the years. In December of 2007, the homeowners applied for and received variances for lot coverage, front yard, interior side yard, rear yard and setback from Minnehaha Creek for improvements to their home. The approval in 2007 was a modified plan that had been approved for variances in April 2006. A pervious homeowner had designed additions that received variances that were never implemented. The current homeowner modified the approved plan by reducing the amount of variances needed and received Zoning Board approval this last December. The applicant has switched architects and has scaled back the amount of variances needed with one exception. The homeowner is planning to relocate the bedroom that had been proposed above the garage to be above the porch located behind the house. Instead of needing a side yard setback for living space above the garage, the design requires a 5.2 foot rear yard setback variance. The new bedroom would be stacked above the existing porch matching the same nonconforming rear yard setback as the porch. The redesign will reduce the amount of encroachment and amount of variances that had been approved in previous plans. The redesign would eliminate the need for a lot coverage variance. Ms. Aaker concluded staff recommends approval based on the following findings:ngs: • The lot shape, house placement and location near the creek. • The home pre -dates the zoning and floodplain ordinances and now is. affect by both. • Similar variances were granted in 2006 and 2007 for the property to accomplish a slightly different plan. The new plan reduces the variances already granted. • The variances would be providing adequate spacing between structures and distance from the creek. • The variances would provide the ability to improve the home within reasonable parameters. • The additions and alterations would be similar to surrounding improvements in the neighborhood and allows an existing nonconforming structure to be upgraded to modern standard expected in homes today. Ms. Aaker stated approval is also subject to the following conditions: 1) The improvements must be constructed in compliance with plans as submitted with the variance application dated March 5, 2008. 2) This variance will expire on, April 10, 2009 unless the city has issued a building permit for the project covered by this variance or approved a time extension. The proponents Jay and Lynne Rohkohl were present to respond to questions. Chair Staunton asked Ms. Aaker how long variances have before they lapse. Ms. Aaker responded variances are good for one year from the date of approval. Mr. Rohkohl addressed the Board and told them in his opinion their plan is sensitive to the neighborhood and an improvement to what was previously approved; noting the elimination of a variance for lot coverage is a plus. Board Members expressed their approval for the new plan. Member Fischer moved variance approval based on staff findings and subject to staff conditions. Member Davidson seconded the motion. All voted aye; motion carried. B-08-13 Richwood Custom Builders 6929 Valley View Road Request: 45.5 foot front yard setback variance Ms. Aaker told the Board the subject property is a large, 32,900 square foot, corner lot consisting of a one story home with an attached two car garage. The home faces Valley View Road with its side street, to the west, along Moccasin Valley Road. There are adjacent homes fronting both streets so the proponent's property is subjected to two front yard setbacks, (from Valley View and from Moccasin Valley Road). The applicant is proposing to demolish the existing home and rebuild with the same setback from Valley View road as the existing home. The applicant has requested an address change from 6929 Valley View Road to 6919 Moccasin Valley Road. The Chief Building Official has assigned the new address for the property with the front of the proposed home built facing Moccasin Valley Road. The applicant is proposing to construct a two story home with an attached three car garage. The proposed home will conform to all of the zoning ordinance requirements with the exception of front yard setback from Valley View. Ms. Aaker concluded staff recommends approval of the requested 45.5 ft front yard setback variance for proximity based on the following findings: • The existence of the nonconforming north side wall of the current home location. • The home was located closer to the street intersection and north lot line serving as a buffer to the home adjacent to the east. • The proposed home location will preserve a legal nonconforming setback. Ms. Aaker stated approval should also be based on the following conditions: • The addition shall be constructed as per the submitted plan dated March19, 2008. • This variance will expire on April 10, 2009, unless the city has issued a building permit for the project covered by this variance or approved a time extension. Mr. Chris Walgren, of Richwood Custom Builders was present to respond to questions. Mr. Walgren thanked Board Members for their time and informed them he spoke with immediate neighbors who indicated their support for the project. Chair Staunton asked Ms. Aaker when averaging front yard setback are homes across the street included or not included. Ms. Aaker responded that homes across the street are not included. Continuing, Ms. Aaker explained Code offers two means of establishing front yard setback, adding the new house can either maintain the established average along that side of the block between intersections or the front yard setback can be established by connecting a line parallel with the front lot line connecting the most forward portion of the adjacent principal building on each side. A discussion ensued with Board Members in agreement that in this instance the variance is warranted pointing out in this neighborhood the lots are large and the street and front yard setbacks are not uniform. Member Fischer moved variance approval based on staff findings and subject to staff conditions noting the irregular nature of the street and the difficulty in applying Code in this instance. Member Vasaly seconded the motion. All voted aye; motion carried. B-08-14 Thomas Barbeau 7275 East Bush Lake Road, Edina Request: 4.3 foot rear yard setback variance for building addition Ms. Aaker informed the Board the applicant is proposing to build a two-story, 11,130 square foot addition to the back of the existing office -warehouse building at 7275 East Bush Lake Road. The request requires a 4.3 -foot rear yard setback variance from 26.2 feet to 21.9 feet. Ms. Aaker explained staff believes the request is justified and reasonable because a hardship is caused by the location of the existing building and the diagonal rear lot line. Continuing, Ms. Aaker said the addition is reasonably sized with the floor area ratio (FAR) for the building at 27 percent. The maximum FAR for this district is 50 percent. Ms. Aaker concluded staff recommends approval of the 4.3 foot variance for the building addition at 7275 E. Bush Lake Road based on the following findings: • With the exception of the rear yard setback variance, the proposal would meet the required standards and ordinances for a Final Development Plan. • There is a unique hardship to the property caused by the existing location of the building in relation to the angled rear lot line. • The variance would meet the intent of the ordinance because the building is reasonably sized given the lot area. • The encroachment into the required setback would be a minor point intrusion. Ms. Aaker said approval is also subject to the following conditions: 1) The addition shall be constructed as per the submitted site plan date stamped February 25, 2008. 2) This variance will expire on April 10, 2009, unless the city has issued a building permit for the project covered by this variance or approved a time extension. The applicant, Mr. Tom Barbeau was present to respond to questions from the Board. Chair Staunton told the Board the Final Development Plan with variance was heard and approved by the Planning Commission at their last meeting. Chair Staunton said in his opinion the hardship this site faces is that when the building was originally constructed it was located far back on the lot creating an overly large "front yard" resulting in limited rear yard area. The property is also compromised by an angled rear lot line. Mr. Barbeau thanked Ms. Aaker for her presentation and asked the Board for their support. A brief discussion ensued with Board Members in agreement that a hardship exists. Member Hornig moved variance approval based on staff findings and subject to staff conditions. Member Davidson seconded the motion. All voted aye; motion carried. III. ADDITIONAL PUBLIC COMMENT AND ADJOURNMENT: The meeting was adjourned at 6:15 PM mitted by