HomeMy WebLinkAbout2008 08-21 Zoning Board of Appeals Meeting Minutes Regular (2)MINUTE SUMMARY
Meeting of the Edina Zoning Board of Appeals
Thursday, August 21, 2008
Edina Communit� Room
4801 West 50 Street
MEMBERS PRESENT:
Chair Floyd Grabiel, Julie Risser and Helen Winder
MEMBERS ABSENT:
Rod Hardy and Jim Nelson
STAFF PRESENT:
Kris Aaker and Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
Chair Grabiel moved to file the minutes of the June 19, 2008, Zoning
Board meeting.
11. NEW BUSINESS:
B-08-41 Rink Properties, LLC
7300 Bush Lake Road
Request: Variance to allow spectator seating
Planner Aaker informed the Board on August 15, 2006, the City Council
approved a Final Development Plan and variance to build a rigid frame
(temporary) structure as a third indoor ice sheet.
Planner Aaker explained at this time the applicant is proposing to build a
permanent structure in the same location. The structure would include indoor
seating, which was not included in the original plan. Variances were granted to
allow spectator seating in the first two rinks built on this site.
Planner Aaker concluded staff recommends approval of the variance based on
the following findings:
a. The proposed use is reasonable, given the existing two rinks on the
site contain spectator seating. The proposed new rink would have a
similar capacity to the first two rinks.
b. There would be adequate parking to support the new rink and
seating.
C. Existing roadways would support the project.
Approval is also subject to:
a. This variance will expire one year from the date of this approval,
August 21, 2009.
No one was present representing Rink Properties LLC/Minnesota Made.
Member Risser asked Planner Aaker if she is aware of changes made to the
circulation pattern and parking stall delineation as directed by the Commission at
their last meeting. Planner Aaker responded to the best of her knowledge the
proponent has addressed those issues, which will be heard by the Planning
Commission at their August 27, 2008, meeting. Member Risser commented the
Commission was concerned with safety, especially as it related to children being
dropped off.
Member Winder asked if the Boards focus this evening is limited to spectator
seating. Planner Aaker responded in the affirmative.
Chair Grabiel noted that the subject site is located at a dead end. Ms. Aaker
responded that is correct.
Member Winder moved variance approval based on staff findings and
subject to the staff condition. Member Risser seconded the motion. All
voted aye; motion carried.
B-08-42 Ralph Lindell and Mona Selim
330955 th Street West
Request: 3.65 foot side yard setback variance
Planner Aaker told the Board the subject property is located on the south .side of
West 55th St. consisting of a one and one half story home with an attached two
car garage. There is an in ground swimming pool east of the home within the
side yard. The applicant is proposing to replace the existing attached two car
garage with a slightly wider two car garage to include a mudroom behind with
living space above. All aspects of the plan conform to the zoning ordinance
requirements with the exception of side yard setback for the proposed living
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space above the garage. The garage would be relocated so the new mudroom
would be 14 feet forward of the existing back wall of the garage. The owner
wishes to move the garage forward and closer to the front wall of the home.
Planner Aaker explained the minimum side yard setback required for living space
10 feet however, 6 inches of side yard setback must be added for each 12 inches
the side wall height exceeds 15 feet. The proposed side wall of the garage will
comply with the ordinance requirements with the exception of the second story
dormer wall along the west side of the new garage. The garage is proposed to be
located 5.6 feet from the west side lot line and the second floor will be farther
from the side lot line at 8.1 feet. The height of the second floor dormer will be
18.5 feet requiring a side yard setback of 11.75 feet. A variance of 3.65 feet is
requested given the proposed 8.1 foot setback of the second floor. The purpose
of the setback requirement is to provide adequate spacing between structures.
The homeowner recessed the second floor to minimize second floor impact on
the adjacent property. The owner has stated that the purpose of the addition is to
allow an aging parent to move into their home so that they can care take. The
floor plan of the house, in ground pool and extensive landscaping east of the
house does not allow for a logical extension to accomplish an additional
bedroom. The home owner has stated that entire exterior of the home will be
resided.
Planner Aaker concluded staff recommends approval of the 3.65 foot side yard
setback variance based on the following findings:
1) There is unique hardship to the property caused by:
a. The existence of other homes and structures with similar setbacks.
b. The home was built on the west side of the lot with improvements
on the east side limiting design options.
c. The addition will improve the existing conditions on site by allowing
the wider two car garage while providing expansion of living space
above.
2) The variances would meet the intent of the ordinance since:
a. The variances would be similar to existing surrounding conditions.
b. The variances would maintain the residential character of the
property and the neighborhood.
c. The variances would not interfere with sight lines.
Approval should also be based on the following conditions:
1) The addition shall be constructed as per the submitted plan dated July
28, 2008.
2) This variance will expire on August 21, 2009, unless the city has
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issued a building permit for the project covered by this variance or
approved a time extension.
The proponents, Mr. Lindell and Ms. Selim were present to respond to questions.
Chair Grabiel asked Planner Aaker if the variance was limited to the dormer.
Planner Aaker responded in the affirmative.
Ms. Selim addressed the Board and explained their reason for the renovation to
their home is to add additional space to accommodate an aging parent.
Chair Grabiel commented that he toured the neighborhood and found a variety of
house types and design styles, adding the proposal as presented shouldn't have
a negative impact on the neighborhood. Chair Grabiel noted a letter from a
neighbor who resides across the street was submitted in support of the project.
Member Risser moved to recommend variance approval based on staff
findings and subject to staff conditions. Member Winder seconded the
motion. All voted aye; motion carried.
B-08-43 Christopher Chase
4004 Monterey Avenue
Request: 6 inch driveway width variance
Planner Aaker told the Board the subject property is located on the west side of
Monterey Ave., consisting of a one and one half story home with an attached
single stall garage. The property is being marketed for sale. The homeowner has
received negative input from potential buyers on the property regarding the lack
of a two stall garage. The homeowner is pursuing a variance to allow a driveway
installation along the south part of the property to access the rear yard for the -
purposes of constructing a two car garage. The homeowner would like to market
the property with the potential for a buyer to have the ability to construct a
driveway and two car garage on site. The original survey of the property
illustrates a 13 foot distance from the south wall of the home and the south lot
line. The home was built closer to the south lot line than indicated on the original
survey, requiring a modest variance to allow for driveway width.
Planner Aaker explained the ordinance requires a minimum 12 foot wide
driveway for all new or relocated driveways and a minimum two car garage per
home in the R-1 Zoning District. There are no setbacks required for driveways
and they may be installed next to buildings A survey of the site indicates that the
south wall of the subject home is located 11.8 feet from the west lot line. The
property owner is proposing an 11.5 foot driveway. The neighbor directly affected
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by the new driveway, to the west, has 4.5 feet between the shared lot line and
their home. There have been inquires regarding the ability to construct a
conforming two car garage which could only be accomplished in the rear yard
with the benefit of variance approval to allow a narrower driveway than allowed
per code. The proposed driveway would be narrower than required however; it
would be more typical of existing conditions within the neighborhood. Most
surrounding homes have detached garages located near south lot lines with
driveways typically narrower than 12 feet located along the south lot line
accessing the rear yard. Many of the surrounding properties have driveways less
than 12 feet in width.
Planner Aaker concluded staff recommends approval of the requested variance
based on the following findings:
1) There is a unique hardship to the property caused by:
a. The existing single stall garage.
b. The inability to provide a two car garage without access gained to
the rear yard.
c. There are limited design options given the location of the existing
one car attached garage.
2) The variance would meet the intent of the ordinance since:
a. The property would be brought into compliance with the minimum
two car garage requirement.
b. The improvements would be consistent with conditions within the
neighborhood.
c. The driveway width would maintain neighborhood character.
Approval is also based on the following conditions:
1) The addition must be constructed as per the submitted plan dated
March 2008.
2) The variance will expire on March 20, 2009, unless the city has
Issued a building permit for the project covered by this variance or
approved a time extension.
3) The existing driveway must be removed and replaced with sod or other
landscape materials.
4) The curb must be replaced after driveway removal according to
specifications required by the city's Engineering Department.
5) The single stall garage door must be removed and replaced with
consistent exterior building materials, windows, etc. as existing on the
outside of the structure.
The proponent, Ms. Chase was present to respond to questions from the Board.
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Member Risser asked Planner Aaker if the Board can grant a variance for a
driveway width less than what is proposed. Planner Aaker responded the City is
required to notify residents within 200 feet of the subject property of the variance.
The public hearing notice indicated that the proponents were seeking a 6 -inch
variance, approving anything more than 6 inches would require re -notification.
Member Risser commented that in her opinion less concrete is better for the
environment especially as it relates to ground cover and water run-off.
Chair Grabiel asked if any trees would be impacted as a result of the new
driveway, noting it appears that the neighbors Birch tree was planted very close
to the common property line.
Ms. Chase addressed the Board and explained in 2008 due to corporate budget
restraints and takeovers she and her husband lost their jobs and found new jobs
in a different state. Ms. Chase said since that time their house has been on the
market. Continuing, Ms. Chase said the open houses and agent walk-throughs
have indicated that more people would be interested in the home if it offered a
two stall garage. Ms. Chase added they would have no problem proposing a
less wide driveway if that were the will of the Board.
Chair Grabiel asked Ms. Chase what their intent is at this time. Ms. Chase
responded that their first objective was to receive variance approval that would
allow a new homeowner the option to construct a detached two stall garage in
the rear yard and convert the present attached single garage into living space.
Ms. Chase added after further downturns in the market they believe they may
have to undertake the project in order to sell their home.
Mrs. Rita Eigen, 4006 Monterey, addressed the Board and explained she has a
Birch tree is her front yard that was planted many years ago and is close to the
property line. Mrs. Eigen stated she doesn't want to lose her tree, adding she
believes if the applicants are allowed to construct a driveway that close of the
property line her tree will be harmed. Concluding, Mrs. Eigen stated she strongly
opposes anything done on the neighboring lot that would jeopardize her tree.
Member Risser said her initial comment about having a less wide driveway
appears to be the best solution to achieving the variance and reducing the
concern expressed by Mrs. Eigen.
Ms. Chase reiterated they would be more than willing to pour a less wide
driveway.
A discussion ensued with Board Members acknowledging the majority of
driveways in the immediate area are less than 12 feet wide; however, the
importance of the Birch tree to Mr. and Mrs. Eigen should also be considered.
Board Members suggested that Mr. and Mrs. Chase revise their plans by
C.
reducing the width of the driveway or curving the drive so it minimizes impact to
the neighbors Birch tree. Board Members also indicated to Ms. Chase that the
best action at this time would be for her to request that the Board table her
variance request to the next meeting of the Zoning Board.
Ms. Chase stressed how very important it is for them to sell their house, adding
maintaining two households is very hard emotionally and financially. Ms. Chase
pointed out, as acknowledged by the Board, that the majority of the driveways in
the neighborhood are less than 12 feet in width. Concluding, Ms. Chase stated it
would also be very difficult to guarantee that nothing would ever happen to the
Eigen's Birth tree, adding she would be willing to do everything within her power
to ensure that all appropriate measures are implemented to minimize impact and
disruption to their tree.
Chair Grabiel told the Board maintaining the health of the Birch tree is very
important. He also suggested that Mr. and Mrs. Chase contact a tree expert on
how to best minimize disruption to the tree and its root system.
Further discussion ensued with regard to tabling the variance request to a date
specific. Ms. Chase asked that their application be tabled to the September 18,
2008, meeting of the Zoning Board.
Member Risser moved to table B-0843 to the September 18, 2008, meeting
of the Zoning Board to allow the applicants' time to redesign their driveway
at a lesser width. Member Winder seconded the motion. All voted aye;
motion carried.
B-08-44 Jill Mironer
4382 Mackey Avenue
Request: 5.32 foot side yard setback variance
Planner Aaker informed the Board the subject property is a two story home with a
detached two car garage located on the west side of Mackey Ave. The applicant
is proposing to construct a 21 square foot in -fill addition on the second floor of
their home. Currently there is a very small flat roofed portion, (northwest corner),
of the home that is proposed for a bathroom expansion. The home owner would
like to fill in the flat roof gap on the second floor. The addition is very minimal in
scope and scale and will match the outer north wall in height, roof line and finish
materials.
Planner Aaker explained the applicant is requesting to build a modest addition to
the back of his home for much needed bathroom space. The existing north side
wall of the home is located 7.6 feet from the north lot line. The minimum side
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yard setback required is 10 feet, plus 6 inches of setback must be added for each
12 inches the side wall height exceeds 15 feet. The side wall height is
approximately 20.84 feet requiring a side yard setback of 12.92 feet. A variance
of 5.32 feet is required to match the existing nonconforming north side wall of the
home. There is a driveway between the proposed addition and the north lot line.
The adjacent home has a porch located 12.1 feet from the common lot line.
Spacing between the subject improvement and the home to the north will remain
at 19 Y2 feet.
Planner Aaker concluded staff recommends approval of the requested 5.32 foot
side yard setback variance for proximity based on the following findings:
There is unique hardship to the property caused by:
a. The existence of the nonconforming north side wall.
b. The addition is minimal in scope and scale and would have no impact on
surrounding properties and will match the existing conditions on site.
The variance would meet the intent of the ordinance since:
a. The variance would not reduce spacing between structures or existing
setback.
b. The variance would maintain the residential character of the property and
the neighborhood.
c. The variance would be consistent with similar setbacks provided by other
homes within the neighborhood.
Approval should also be based on the following conditions:
1) The addition shall be constructed as per the submitted plan dated July 31,
2008.
2) This variance will expire on August 21, 2009, 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. Mironer were present to respond to questions from
the Board.
Mr. Mironer addressed the Board and explained their home has only one shower
and with our children approaching their teen years the additional bathroom space
is really needed. Mr. Mironer told the Board the immediate neighbors have
expressed support for the project.
Member Risser commented the Board received a very nice letter from the
neighbor to the North.
Member Risser moved variance approval based on staff findings and
subject to staff conditions. Member Winder seconded the motion. All
voted aye; motion carried.
B-08-45 Laurie and David Fleming
4406 Grimes Avenue
Request: 5 foot side yard setback variance
Planner Aaker told the Board the subject property is a 1 and Y2 story home with a
detached two car garage located on the west side of Grimes Ave. The applicant
is proposing to construct a 352 square foot addition above an existing flat roofed
family room located in the southwest corner of the home. A survey of the
property reveals that the home is located a little over 6 feet from the south side
lot line. The minimum side yard setback for lots with widths between 60 and 75
feet has recently been increased, prior to the ordinance amendment; the side
yard setback minimum had been 5 feet. The ordinance now requires a 5 foot
setback plus an additional 4 inches of side yard setback for each foot of lot width
beyond 60 feet. The existing first floor is 2 feet short of the new side yard setback
requirement. The change in zoning ordinance requirements caused the existing
structure to be nonconforming regarding side yard setback. The addition is
proposed to be a little over 21 feet in height increasing the required side yard
setback due to building height to approximately 11 feet. A 5 foot side yard
setback variance is requested for proximity and height.
Planner Aaker explained the applicant is requesting to build a modest addition
above the existing family room to accommodate an additional bathroom.
Currently the home has three bedrooms on the second floor with one bathroom.
All exterior finish materials will be consistent with the existing exterior materials.
Conformance with the required setback would eliminate a reasonable bathroom
addition.
Planner Aaker concluded staff recommends approval of the requested 5 foot side
yard setback variance for proximity and height based on the following findings:
There is unique hardship to the property caused by:
a. The narrowing of the lot towards the back property line causes limited and
diminishing opportunities for an addition.
b. The addition is minimal in scope and scale and would have no impact on
surrounding properties.
c. The addition will match the existing conditions on site.
The variance would meet the intent of the ordinance since:
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a. The variance would not reduce spacing between structures or existing
setback.
b. The variance would maintain the residential character of the property and
the neighborhood.
c. The variance would be consistent with similar setbacks provided by other
homes in the neighborhood.
Approval should also be based on the following conditions:
1) The addition shall be constructed as per the submitted plan dated
July 31, 2008.
2) This variance will expire on August 21, 2009, 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. Fleming were present.
Chair Grabiel acknowledged a letter of support from the most impacted neighbor
to the South, adding the Planning Department also received numerous letters of
support from near neighbors for this project.
Member Risser moved variance approval based on staff findings and
subject to staff conditions. Member Winder seconded the motion. All
voted aye; motion carried.
III. PUBLIC COMMENT:
No public comment.
IV. ADJOURNMENT:
The meeting adjourned at 6:35 pm.
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