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Home My WebLink About2008 12-04 Zoning Board of Appeals Meeting Minutes RegularIr� MINUTE SUMMARY o e �� Edina Zoning Board of Appeals Thursday, December 4,2008,5:30 PM �o �° Edina City Hall Council Chambers 4801 West 50th MEMBERS PRESENT: Chair Fischer, Mary Vasaly, Kevin Staunton, STAFF PRESENT: Kris Aaker and Jackie Hoogenakker APPROVAL OF THE MINUTES: The minutes of the October 2, 2008, NEW BUSINESS: Eberhardt Prope 3930 49 '/z Street 3 -foot setbacl being built at Planne - setback v a new office the following There is unique from 10 ;the building. Davidson for the new parking lot 0�1t° is proposing to tear down the existing iIdinQ � *fid rebuild a new two-story 13,130 square t requires a 3 -foot setback variance from 10 feet built at the rear of the building. commends approval of the 3 -foot rear yard rom 10 feet to 7 feet for the new parking lot behind Street West for Eberhardt Properties LLC based on p to the property caused by: a. The property elevation drop of 12 feet from the north lot line. The encroachment would be located into a hill that separates the site from the adjacent residential property to the north. 2) The variance would meet the intent of the ordinance since: a. The proposed use is reasonable. It provides a reasonable on-site parking area for a new building that would be the same size as the existing building. b. The new parking area is a minor encroachment into the rear yard setback. C. The encroachment would not be visible from the residential property to the north. Approval should also be based on the following condjtions, 1 � 1) City Council approval of the Final Develop"'� Plan y 2) The variance will expire one year from th ruval, urs( a time extension has been granted from th cil or Zon Appeals. ,,., Appearing for the Applicant: Jim Nelson, Eberhardt Properties LLC, #mr_ Ben Ha Com Member Staunton told the Board Eberhardt request for Final Deve that needed clarification was if th 49 %2 Street is covered by a affirmative; adding the "easemi Subdivision 172 dedicated ea laffling 900, dmissidr, eard and approved the Int Plan �, eeting; however, one item gyred" dnv -ay entrance (east) off of cross er. Harper responded in the underlying condition that is part of Auditor's Chair Fisc V tion way in with the exit from the site's parking he City Green r`` .., onded in the affirmative, adding if parking is not a on the subj harking is available in the adjacent City ramp. ed the heari' $ public testimony. None Member Vasaly a approval based on staff findings and subject to staff conditions. taunton seconded the motion. All voted aye; motion carried. g Chair Fischer commented that the Final Development Plan with variances actually benefits the neighbors because of the increased landscaping. He also pointing out the variance encroachment would not be noticed from their vantage point. B-08-65 MJ Jones Construction/Bill McLean 4602 Bruce Avenue Request 3 foot driveway width variance Presentation by Planner anner Aaker informed the Board the subject pre W ated on t ° of Bruce Ave., consisting of a one story home with an o-car/from garage. The house was built in 1972 and is conterri The property is located within the historic Country Club District; however, th° ;t _ 's not considered a historic landmark or a preservation resource Qperty is eted for sale. The homeowner has received an offer on t", 's a tear a applicant is pursuing a variance to allow a new drive w g the n ii part of the property to access the rear yard for the es Q�t gz' a new home with a garage in the rear yard similar to surrou pro F e 4 scant is hoping to construct a driveway with a width cornpale e t se ex Ion the block. + 9 Planner Aaker explained the ordr , Y required 12 foot wide driveway for all new or relocated driveways'la., are no se Mired for driveways and driveways may be installed n Idings or up t Teri `a property line. Most surrounding homes have gars d in the rear yard and accessed by driveways that are typical l r than 1` st of the driveways that are wider than 12 feet are sha any oftnding properties with non -shared driveways X12 fee "average width of 9.73 feet. Plan er reported the untry Club District is zoned Heritage Landmark Dis. a Plan of Treatm m`` ired for certain building activity within the district. Er The ctive of the He Landmark District is to preserve existing historic house fa streetscap,r, a subject home is not considered historic or worthy of preserva istingxl ading garage, 16.4 foot wide driveway and house design are not e a District Design Guidelines. Regarding new construction, the _ , Club District Plan of Treatment states that driveways "should be compatibl and material with historic driveways in the district and should be designed in s a manner that they do not radically change, obscure, or destroy the historic character -defining spatial organization and landscape features of residential lots, yards and streetscapes." The applicant is trying to accomplish a narrower driveway than the existing 16.8 foot wide driveway, which is out of character for the block and for the District as a whole. A new driveway that is similar and compatible in width to others near by is the hope of the applicant. The new home 3 Appearinq for the Applicant Andy Porter Board Discussion Member Vasaly stated that she understands the standan of Treatment/Design Review Guidelines, and asked Plan ordinances. Planner Aaker responded the guideline arE Member Vasaly pointed out that it appears the it, fi Planner Aaker agreed they are in conflict. Contig ; M without building plans it is difficult to ascertain if rt variance, adding without plans it's difficult for he Planner Aaker pointed out Mr. Vogel, HPB Consu a position of the HPB with regard to driveway width, a the driveway width not the building plans. forth in the HPB's Plan �ik -,the Guidelines are HPB ordinance. ordinances. mmented a memo s'l us of the 699 is with Chair Fischer asked Planner the HPB revre 6.3"ouse plans taking into consideration the mass and �e home. Planner Aaker responded in the affirmative. Chair Fisc In€ Comte as expressed concern that a driveway width of or wider i small to `.. Ighborhoods may just be too much. Conti F ;, hair Fischer s ommission has indicated they are receptive to driv Jdths less than 12 those small lot neighborhoods; however, the issue has" _ kled at the Com „ "fin level. Member V -acted shE - uncomfortable with two conflicting standards. � u... Andy Porter, 6525 Wes a Blvd., addressed the Board and stated the City's approval process is very challenging, and pointed out it is possible if he goes before the HPB, they could send him back to the Zoning Board. Mr. Porter pointed out the majority of driveways in the Country Club District are less than 12 -feet in width with the average driveway width around 9 -feet. Mr. Porter concluded that it is his understanding that the HPB's Plan of Treatment wants consistency, adding he would like some direction from the Board on how to proceed. Public Comment Mr. Spartz, 4603 Bruce Avenue, told the Board that in his opinion a driveway width of 12 -feet is not appropriate in the Country Club District. Mr. Spartz said he thinks that 9- Feet may be too narrow, adding between the 9 and 10�pof range may be best. Concluding, Mr. Spartz stated he would like to see the ne se�.mply with all setback requirements. �� Mr. R. Tully, 4619 Bruce Avenue said he believe, the Zshould not make a decision without house plans. Ms. K. O'Dea, 4610 Bruce Avenue, told the Board",",rts the HPC Vis, but in her opinion a 9 -foot wide driveway is just too narr u, "Dea added th in her opinion 10 feet may be more practical; however w6� nmg radius, a driveway width of 12 -feet is best. *"r ,. Chair Fischer closed the public hearing. Zoning Board Discussion A discussion ensu course to take. Board Members indicated it would be in the best interest o0111156nt to request that the Board table B-08-65 until after .,. the Heritage Preservati w .pard hears the request and comments on the driveway width. Board Members also noted they want Mr. Porter to make sure that the proposed house meets all setback and lot coverage requirements. 6 Board Action Member Staunton moved to table B-08-65 until the Heritage Preservation Board hears and comments on the proposed 9 -foot driveway. Member Hornig seconded the motion. All voted aye; motion carried. PUBLIC COMMENT: ADJOURNMENT: The meeting adjourned at 7:00 PM