HomeMy WebLinkAbout2008 09-07 Zoning Board of Appeals Meeting Minutes RegularA, lMINUTE SUMMARY
�� Edina Zoning Board of Appeals
O e Thursday, August 7, 2008
Edina City Hall Council Chambers
N'�v �0 4801 West 50th Street
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MEMBERS PRESENT:
Chair Mike Fischer, Scott Davidson and Bernadette Hornig
STAFF PRESENT:
Cary Teague, Kris Aaker and Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
The minutes of the June 5, 2008, meet were filed as submitted.
II. NEW BUSINESS:
B-08-22 Crosstown Medical LLC
4010 65th Street West, Edina, MN
Request: Multiple Variances
Planner Teague informed the Board the applicant is proposing to tear down the
existing two-story, 26,000 square foot office building to build a 75,017 square
foot, four-story medical office building with a five -level attached parking ramp.
Continuing, Planner Teague reported the project has received preliminary
approval by the City Council as recommended by the Planning Commission.
Planner Teague stated the proposal requires the following variances:
a. Front building setback variance from 74 feet to 52 feet. (A 22 -foot
variance.)
b. Rear building setback variance from 74 feet to 20 feet. (A 54 -foot
variance.)
c. Side building setback variance from 74 feet to 20 feet. (A 54 -foot
variance.)
d. Front parking structure setback variance from 67 feet to 18 feet. (A
49 -foot variance.)
e. Rear parking structure setback variance from 67 feet to 20 feet. (A
47 -foot variance.)
Side parking structure setback variance from 57 feet to 10 feet. (A
47 -foot variance.)
g. A side yard drive -aisle setback variance from 10 feet to 3 feet. (A
6.7 -foot variance.)
h. Minimum tract area variance from 10 acres to 2 acres. (An 8 acre
variance.)
i. A parking stall variance from 393 stalls to 373 stalls. (A 20 -stall
variance.)
Planner Teague concluded staff recommends approval of the requested
variances based on the following findings:
1. There is a unique hardship to the property caused by the shape
and limited depth of the lot, especially the western half of the site.
2. The variance would meet the intent of the ordinance because the
building is reasonably sized given the allowed FAR in the RMD
district is 1.0. The proposed FAR is .85.
3. The height of the ramp and building are generally consistent with
buildings and ramps in the area.
4. The site's location adjacent to Crosstown Highway 62.
5. The high water table prevents the parking from being constructed
under ground.
6. The site is an extension of the RMD District to the east.
7. The site would have adequate parking.
8. The site is located in close proximity to bus lines and bicycle
parking will be provided.
Mark Hansen with Mohagen Hansen Arch Group was present representing
Crosstown Medical LLC.
Member Davidson asked the reasoning behind reducing the height of the
proposed ramp.. Planner Teague explained reducing the ramp would soften
the overall mass of the project.
Chair Fischer explained he also serves on the Planning Commission and the
Commission was also concerned with sustainability, adding a number of
Commissioners felt the current Code (in some instances) requires more
parking than needed. Continuing Chair Fischer pointed out the convenient
location of the proposed medical office building to mass -transit and other
amenities were important factors in reducing the mass of the ramp.
Chair Fischer asked if anyone in the audience would like to speak on the
project. No public was present.
Mr. Hansen, Mohagen Hansen Arch Group, Wayzata, MN, addressed the
Board and with graphics highlighted aspects of the project. Mr. Hansen said
their goal was to be respectful to the neighborhood with the development
team taking a more sensitive approach in designing the ramp and office
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building. Continuing, Mr. Hansen explained the site is encumbered with an
existing high water table that made it very difficult to have below -grade
parking. Mr. Hansen said with further study it was found that they would be
able to extend the north bay partially below -grade to reduce mass.
Concluding, Mr. Hansen asked for support from the Board.
Member Davidson said in his opinion a hardship exists on this site because of
the unique shape, size and depth of the lot. Member Davison said the
proposed building matches the character of the neighborhood and is of
reasonable size. Continuing, Member Davidson complimented the
development team, adding the LEED Certification, and addition of 20 bike
stalls, the location to mass- transit, the quality of the design, the significant
improvement to the site, and attention paid to landscaping created a project
worth supporting
Member Davidson moved variance approval based on the unique shape
and depth of the lot and the high water table found in the area reduces
the opportunity to construct parking stalls below ground; these two
points are significant in approval. Approval is also based on staff
findings. Member Hornig seconded the motion. All voted aye; motion
carried.
B-08-34 Murphy Automotive
5415 70th Street West, Edina, MN
Request: Lot size variance and setback variance from a residential
area
Planner Teague told the Board the applicant is proposing to build a one-story
8,863 square foot automobile repair center with car wash. Planner Teague said
the building would be made of stucco with brick accents. Continuing, Planner
Teague noted two variances are required; a minimum lot size variance from
50,000 square feet to 34,517 square feet to allow nine service bays, and a
setback variance from a residential area from 110 feet to 75 feet.
With graphics Planner Teague illustrated to the Board other Murphy Automotive
sites that were granted Final Development Plan approval with variances.
Planner Teague concluded staff recommends approval for the redevelopment of
the subject site as an automotive service center based on the following findings:
a. There is a unique hardship to the property caused by the existing
location of the lot in relation to residential property across 70th
Street.
b. The variances would meet the intent of the ordinance because the
building is reasonably sized given the lot area.
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C. The lot size variance is similar to the variances granted for two
other Murphy Automotive Stations within the City of Edina at 5100
Vernon and 5354 France.
d. The setback from residential property is an existing condition.
Mr. Rick Murphy and Mr. Steve Kaspers were present representing Murphy
Automotive.
Mr. Kaspers addressed the Board and explained that the size of the lot works
well with their facility pointing out the proposed building meets setback and
parking requirements. Mr. Kaspers explained the automotive service business
has changed over the years, pointing out to the best of his knowledge Edina's
Code is at least 42 years old, reiterating times have changed in the automotive
business. Continuing, Mr. Kaspers said the Commission expressed concern with
the number of bays, adding two of the bays are lube bays with vehicles moving in
and out quickly, the other 7 bays will be manned with four technicians, explaining
not all seven bays are "in use" at the same time.
Chair Fischer opened the public hearing.
Peggy and Joe Jennings, 5545 70th Street West. Mrs. Jennings addressed the
Board and stated everyone should be aware of their carbon footprint and she is
concerned about loss of green space, the potential for noise, and lighting on the
signage.
Mr. Jennings commented that nine bays is a larger operation than what exists
questioning if there would be an increase in traffic.
Chair Fischer asked if anyone else would like to comment. There being no one
Member Davidson moved to close the public hearing. Member Hornig seconded
the motion. All voted aye; public hearing closed.
Mr. Murphy responded to comments from residents acknowledging there will be
a loss of "green space'; however, their proposal includes removal and re -sodding
of an existing curb cut, and the additional planting of 12 over -story trees and 53
small bushes. Continuing, Mr. Murphy said it is his belief that the additional
landscaping along with the natural downward slope of the site from West 70th
Street should help minimize noise. Mr. Murphy pointed out the subject site is
located adjacent to commercial and industrial areas as well as residential.
In response to the question on illuminated signage Mr. Murphy said the site will
comply with the City's Sign Code; adding if he remembers correctly any
illuminated signs will be turned off by 10 PM. Continuing, Mr. Murphy said the
signs will be ambient.
Chair Fischer in response to the question on the number of bays and traffic
generated by those bays explained that the project as presented with seven
service bays, two lube bays and one carwash actually reduce traffic, adding it
appears a gas and repair service station generates more traffic.
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the existing attached three car garage. The homeowners had originally wanted to
replace their attached three car garage with a detached three car garage
however; the plan exceeded the maximum allowable lot coverage of 25% of the
lot. The owners understood that a lot coverage variance would not be supported
by staff and difficult to achieve, so they scaled back the detached garage plan to
comply with the lot coverage requirements.
Planner Teague concluded staff recommends approval of the 5.95 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
or are even closer to the side lot lines.
b. The home was built prior to current side yard requirements.
c. The addition will improve the existing conditions on site by allowing;
the addition to maintain an existing side yard setback and providingw
a minimal addition. The footprint of the addition will be much less
than the existing three car garage.
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,
2008.
2) This variance will expire on August 7, 2009, unless the city has issued
a building permit for the project covered by this variance or approved a
time extension.
3) The garage receives a certificate of appropriateness from the Heritage
Preservation Board.
Ms. Kathy Alexander was present representing the proponents.
Chair Fischer asked if anyone was in the audience that would like to speak to this
issue. No one was present.
Member Davidson said as he reviewed the proposal it made sense to him and is
a classic re -do.
Member Hornig moved variance approval based on staff findings and
subject to staff conditions. Member Davidson seconded the motion. All
voted aye; motion carried.
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III. PUBLIC COMMENT:
No additional public comment.
IV. NEXT MEETING DATE:
August 21, 2008
V. ADJOURNMENT:
The meeting was adjourned at 7:15 PM
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Member Hornig told the Board she focused on the hardship, adding it appears to
her that based on previous similar variance approvals a hardship exists due to
the small size of the lot and its direct location to residential properties.
Member Davidson asked if the majority of gas/repair stations in the City meet
Code. Planner Teague responded the majority don't meet Code, adding if
another one of our existing service stations adds on or is completely rebuilt from
the bottom up variances would probably be needed.
Member Hornig moved variance approval based on staff findings and
subject to staff conditions. Member Davidson seconded the motion. All
voted aye; motion carried.
B-08-39 Laurie and Michael Solari
4805 44th Street West
Edina, MN
Request: 9.9 foot setback variance
Planner Teague informed the Board the subject property is a one story home
with an attached two car garage located on the south side of west 44th St. The lot
was platted from the old street car line that ran parallel to and along west 44th St.
The street car line was approximately 94 feet in width, providing for a much
shallower lot than the minimum lot depth now required of 120 feet. The.,existin%.
home was built just a little more than 15 feet from the rear property line instw d of
the required 25 feet. The property owner is hoping to add a walk-in closet and
expand a bathroom in the south east corner of the home at the same exiting
nonconforming rear yard setback. The addition would be constructed including
three windows and of materials that would match the existing exterior.
Planner Teague concluded staff recommends approval of the requested 9.9 foot
rear yard setback variance for a room expansion based on the following findings:
1) There is a unique hardship to the property caused by:
a. The location of the existing home at the 15 foot nonconforming
setback.
b. The proposed setback is similar to setbacks provided by other
homes on the platted street car line and will not impact the adjacent
property or neighborhood.
c. The minor variance would allow for substantial improvements to the
property.
2) The variance would meet the intent of the ordinance since:
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a. The encroachment will be similar to other setbacks provided on the
block.
b. The improvements would follow the architecture and character of
the home 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 given existing site
conditions.
Approval is also based on the following conditions:
1) The addition must be constructed as per the submitted plan dated July
19, 2008.
2) The variance will expire on August 7, 2009 unless the city has
Issued a building permit for the project covered by this variance or
or approved a time extension.
The proponents, Mr. and Mrs. Solari were present to respond to questions from
the Board.
Chair Fischer asked if anyone in the audience would like to speak to this issue:
Mr. Kelsey Smith, 4801 44th Street West responded and told the Board he
supports the request as presented.
Member Davidson moved to close the public hearing. Member Hornig
seconded the motion. All voted aye; motion carried.
Member Davidson moved variance approval based on staff findings and
subject to staff conditions. Member Hornig seconded the motion. All
voted aye; motion carried.
B-08-40 Steve and Jodi Swaim
4511 Edina Boulevard
Request: 5.95 foot side yard setback variance
Planner Teague told the Board the subject property is an 80 foot wide lot located
on the east side of Edina Blvd. consisting of a two and one half story Tudor style
home with an attached side loading three car garage that was built in 1936. The
home is located within the historic Country Club District and is listed as one of
the "Pivotal' homes in the district. The applicant is proposing to replace the
existing attached three car garage with a 12.33 foot by 28 foot, two story
addition. The addition will maintain the existing north side yard setback of 5.8 feet
provided by the current three car garage. The length of the existing building area,
(north garage wall), would be reduced from 34.1 feet to 12.33 feet. A new
detached two car garage located in the south east corner of the lot would replace
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