HomeMy WebLinkAbout2008 10-02 Zoning Board of Appeals Meeting Minutes Regular9Z�A,1 MINUTE SUMMARY
� Regular Meeting of the Edina Zoning Board of Appeals
p e �� Thursday, October 2, 2008, 5:30 PM
O Edina City Hall Council Chambers
4801 West 50th Street
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MEMBERS PRESENT:
Chair Mike Fischer, Kevin Staunton and Scott Davidson
MEMBERS ABSENT:
Mary Vasaly and Bernadette Hornig
STAFF PRESENT:
Kris Aaker and Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
The August 7, 2008, Zoning Board minutes were filed as submitted.
II. NEW BUSINESS:
B-08-57 Caroyln Goedken
30 Woodland Road
Request: A 1.5 foot floor elevation variance
Planner Aaker informed the Board the subject property is a 12,600 square foot lot
located on the east side of Woodland Road. The property consists of a one story home
with an attached tuck -under garage. The homeowners are planning to remove the
existing home and replace it with a one and one half story home with a tuck -under
garage. The home will be in the same basic footprint as the existing home and will have
a tuck -under garage in the same location as the existing garage. All of the proposed
improvements conform to the zoning ordinance requirements with the exception of the
new first floor elevation of the home. The new home is proposed to have a first floor
elevation 2.5 feet higher than the existing home on the site. The zoning ordinance
allows for a rebuilt home to have a new first floor no higher than 1 foot above the
existing home's first floor. The owners are requesting a variance to allow a higher first
floor than currently provided by ordinance.
Planner Aaker explained the zoning ordinance was recently amended for the specific
purpose of preventing new homes from being built up and out of the ground and at
higher elevations than those that are existing within the neighborhood. There has been
a general perception that new homes built in Edina are ever larger, higher and taller
than those that exist. The perception has been that the proposed new homes do not fit
in with the fabric and feel of the neighborhood. The code was changed to modify new
home construction to the extent that height and first floor elevation must take into
consideration what currently exists on site.
Planner Aaker concluded staff recommends approval of the requested 1.5 foot first floor
elevation variance based on the following findings:
1) There is unique hardship to the property caused by:
a. A new home with a tuck -under garage in the same location cannot be
reasonably built on the property without affecting the drainage
b. The proposed home is in the same location as the exiting home and will
have roughly the same footprint, however, will be a story and one half
and not even close to the maximum allowable height.
c. The variance is not self imposed. The ordinances were changed prior to
the finalization of their plan. Prior to the ordinance change, no variances
would have been required to accomplish the plan.
2) The variance would meet the intent of the ordinance since:
a. The variance would be similar to existing conditions within the
neighborhood and would not interrupt the pattern of development
intended by the ordinance.
b. The variance would not disrupt the goal of maintaining consistent first
floor elevations. The variance would allow proper driveway drainage
given the proposed tuck -under garage.
c. The variance would not compromise the intent of the ordinance to protect
the existing neighborhood.
The proponents, Mr. and Mrs. Goedken were present to respond to questions
Board Discussion
Member Staunton asked Planner Aaker if problems arise from the tuck under garage
situation. Ms. Aaker responded in the affirmative.
Mr. Goedken told the Board his family loves their home, the location and neighbors.
Mr. Goedken said when considering renovations to the existing house constructing a
new house appeared to be the best approach, adding their goal was to resolve existing
drainage problems and construct a new home while maintaining the low profile of the
existing home. Mr. Goedken added they are also keeping ceiling height to a minimum.
Concluding, Mr. Goedken explained it is very important that drainage is controlled and
the variance helps us do that.
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Member Davidson stated this appears to be a good solution to the drainage issues
pointing out the new house could actually be built taller. Member Staunton agreed,
adding it is evident there is no height manipulation and the ceilings are actually low
compared to what the Board has seen in the past.
Chair Fischer agreed and acknowledged that in the past most new construction was
built to the max — and this isn't. Chair Fischer concluded in his opinion this is a good
plan.
Board Action
Member Staunton moved variance approval based on staff findings and subject
to staff conditions. Member Davidson seconded the motion. All voted aye;
motion carried.
B-08-58 Tom and Kristi Butterfield
5300 Forslin Drive
Request: 5 foot setback variance from Birchcrest Lake and a
1.5 foot side yard setback variance for height
Staff Presentation
Planner Aaker informed the Board the subject property is located south of Birchcrest
Lake and north of Forslin Drive consisting of a one story walk -out home with an
attached two car garage. The applicant is proposing to construct a second story
addition to the existing home above the garage. This application is a "return" item
presented to the Zoning Board because the homeowner received variances for the
property on July 10, 2008, to construct an addition above the south east part of the first
floor. The proposed addition was to be closer to Birchcrest Lake than the current
proposal. Since July, the homeowners have revised their plan and shifted the second
floor above the garage which still needs a variance from the lake, however, would be
farther from Birchcrest Lake than the original plan. The new design eliminates the porch
and need for a front yard setback variance, however, requires a side yard setback
variance due to side wall height exceeding 15 feet.
Planner Aaker explained the minimum setback required from a naturally occurring water
body is 50 feet. A survey of the property reveals that the home is located 22.5 feet to
the edge of Birchcrest Lake. The home is currently nonconforming regarding lake
setback. The lake edge wraps the side and back of the home with the existing home
nonconforming to the current 50 foot setback requirement.
Planner Aaker concluded staff recommends approval of the 5 foot setback variance for
proximity to Birchcrest Lake and the 1.5 side yard setback variance based on the
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following findings:
There is unique hardship to the property caused by:
a. The limited opportunity for expansion given current setback
requirements.
b. The home was built prior to current lake setback requirements.
c. The additions will improve the existing conditions on site by allowing
maintaining an existing nonconforming lake setback and allowing a
minimal side yard setback variance.
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 September
18, 2008. A resolution tied to the plan presented will replace the recorded
resolution for the variances approved for the property on July 10, 2008.
2) This variance will expire on October, 2009, unless the city has issued a
building permit for the project covered by this variance or approved a time
extension.
The proponent, Ms. Butterfield was present.
Board Discussion
Member Davidson commented that in his opinion the request seems reasonable.
Board Members agreed.
Board Action
Member Davidson moved variance approval based on staff findings and subject
to staff conditions. Member Staunton seconded the motion. All voted aye;
motion carried.
III. PUBLIC COMMENT:
No additional public comment.
IV. ADJOURNMENT:
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The meeting was adjourned at 6:15 PM
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