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Home My WebLink About2008 11-11 Zoning Board of Appeals Meeting Minutes RegularA, MINUTE SUMMAR 4i91j�, Regular Meeting of the Edina Zoning Board of Appeals O e tA Thursday, November 11, 2008, 5:30 PM Edina Communit Room �y 4801 West 50 Street less MEMBERS PRESENT: Chair John Lonsbury, James Nelson, and Arlene Forrest MEMBERS ABSENT: Rod Hardy and Helen Winder STAFF PRESENT: Kris Aaker and Jackie Hoogenakker I. APPROVAL OF THE MINUTES: The minutes of the September 18, 2008, meeting were filed as submitted. II. NEW BUSINESS: B-08-63 Mark Epple 5336 Kellogg Avenue Request: 10 foot rear yard setback variance, 5 foot side street setback variance and an 18 square foot lot coverage variance Planner Presentation Planner Aaker informed the Board the subject property is a one story rambler with an attached two car garage located on a corner lot. The existing home is nonconforming regarding side street setback, rear yard setback and lot coverage. The home is "original' in construction and has had no additions to it since it was built in 1945. There were no variances granted to build the home so it is assumed that it conformed to code at the time. The homeowner would like to add a second story within the same building footprint as existing. The second floor will be beneath a new roof line so it would appear as a 1 Y2 story home. The owner wanted to minimize the second floor massing as much as possible, so it was kept within the rooflines. The only change to the "footprint" is an 18 square foot cantilevered landing on the north side of the house to provide stair case access to the second floor. The cantilevered landing will be elevated approximately 5 feet above grade and will not actually increase foundation area. Planner Aaker explained the existing home is 6 square feet over the maximum allowed lot coverage of 2, 250 square feet with the owner hoping to add 18, (elevated), square feet for a stair landing. The home is also nonconforming regarding rear yard and side street location. The home is 15.22 feet from the rear lot line with a required setback of 25 feet. The home is 10.19 feet from the south side street lot line with a required setback of 15 feet. The property offers few options for expansion. There is literally no opportunity to expand the footprint given the coverage limits and given that the home already overlaps setback. The only viable option is to add a second story to the home. Adding above the building footprint still requires variances given the nonconforming location of the existing home. Planner Aaker concluded staff recommends approval of the requested variances based on the following findings: 1) There is a unique hardship to the property caused by: a. The location of the existing home relative to the side street and rear lot lines. b. The addition would match the existing foot print of the home. c. The addition will not reduce setback and will have minimal impact on surrounding property. 2) The variance would meet the intent of the ordinance since: a. The encroachment will match the existing setback. b. The improvements would follow the existing wall lines and architecture 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 conditions present on site. Approval is also based on the following conditions: 1) The addition must be constructed as per the submitted plan dated October 8, 2008. 2) The variance will expire on November 20, 2009, unless the city has Issued a building permit for the project covered by this variance or or approved a time extension. a Appearing for the Applicant Mark Epple, applicant and property owner. Applicant Presentation Mr. Epple addressed the Board and informed them due to the non-conformining aspects of the property the only way to increase livable area was to go up. Mr. Epple said increasing the square footage in the proposed stairway is important because it provides "safer" space and adds natural light. Concluding, Mr. Epple asked Board Members for their support. Board Member Comments and Questions A discussion ensued with Board Members discussing if the proposed stairway would be constructed at grade instead of cantilevered as depicted would the stairway be excluded when calculating lot coverage. It was pointed out that fireplaces can intrude into the setback and that intrusion is not included as lot coverage. Mr. Epple told the Board his design plans did not include a foundation under the proposed stairway, adding he believes that cantilevering the stairway would reduce mass. Board Members complimented Mr. Epple on his thoughtful design. Board Action Member Nelson moved variance approval based on staff findings and subject to staff conditions. Member Forrest seconded the motion and suggested that the staff report be modified by the following: Under #1. Remove b & c and relocate them under #2 as items d & e. Member Forrest explained that in her opinion the two items fit better under "meeting the intent of the ordinance". Ayes; Nelson, Forrest, Lonsbury. Motion carried. B-08-64 Dwight and Heather Larson 370855 th Street West, Edina Request: 2 foot side yard setback variance Planner Aaker told the Board the subject property is a two story home with an attached single stall garage located on the north side of west 55th St. The homeowners are hoping to add onto their home to include a two car garage, mudroom, porch and dining area on the first floor, with three bedrooms above the garage addition. All portions of the expansion plan conform to the ordinance requirements with the exception of the two car garage addition. The homeowners would like to expand the width of the garage to accommodate two cars and to be 3 feet from the side lot line. The minimum side yard setback for an attached garage is five feet. The homeowners faced the dilemma of whether to reconstruct a one car garage or expand the garage into a two car garage. Either choice would require a variance. The ordinance requires a minimum two car garage per single dwelling unit, so removal of the one car garage forces the owners to address their single stall garage. Widening the garage to an acceptable two car garage standard requires a variance from the minimum 5 foot side yard setback. Planner Aaker concluded staff recommends approval of the requested 2 foot side yard setback variance based on the following findings: 1. There is a unique hardship to the property caused by: a. The location of the existing single stall garage relative to the side lot line. b. The addition would match many of the surrounding homes that have two and even three car garages. c. The addition will not alter the character of the neighborhood while complying with ordinance. 2. The variance would meet the intent of the ordinance since: a. The encroachment will allow compliance with the minimum two car garage requirement. b. The improvements would follow the existing wall lines and architecture 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 setback and existing single stall garage. Approval is also based on the following conditions: 1.The addition must be constructed as per the submitted plan dated September 15, 2008. 2.The variance will expire on November 20, 2009, unless the city has Issued a building permit for the project covered by this variance or approved a time extension. Appearing for the Applicant Dwight Larson, applicant and property owner. Board Action Member Forrest moved approval of B-08-64 based on staff findings and subject to staff conditions. Member Forrest suggested that the staff report be modified by moving 1.c. under #2. Member Nelson seconded the motion. Ayes; Forrest, Nelson, Lonsbury. Motion carried. 4 III. PUBLIC COMMENT: None IV. NEXT MEETING DATE: December 4, 2008 V. ADJOURNMENT: -Sub itted by {