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HomeMy WebLinkAbout2009 05-07 Zoning Board of Appeals Meeting Minutes RegularA MINUTE SUMMARY w91/N'-1j�, Regular Meeting of the Edina Zoning Board of Appeals e Thursday, May 7, 2009, 5:30 PM to Edina City Hall Council Chambers N. sir 1 4801 West 50th Street •vv• MEMBERS PRESENT: Chair Michael Schroeder, Scott Davidson and Nancy Scherer MEMBERS ABSENT: Bernadette Hornig and Mary Vasaly STAFF PRESENT: Kris Aaker and Jackie Hoogenakker I. APPROVAL OF THE MINUTES: The minutes of the March 5, 2009, meeting were filed as submitted II. NEW BUSINESS: B-09-04 Steve Elie 5700 Wooddale Avenue, Edina Request: 10 and 21 foot front/side street setback variance Planner Presentation Planner Aaker informed the Board the subject property is a corner lot located in the southwest intersection of Woodland Road and Wooddale Ave. consisting of a single story rambler with an attached two car garage loading from Wooddale Ave. The home fronts and addresses off of Wooddale Ave. The applicant is proposing to reorient the home towards Woodland Road, add a second story and include a new attached garage fronting Woodland Road. As part of this project the applicant has contacted the building department to change the address of the property to a Woodland Road address. It is proposed that the existing garage facing Wooddale Ave. would be converted to living space with the floor plan altered to have the front door and "front" of the house changed to face Woodland Road. The rambler would be transformed into a 1 and '/z story cottage style home. The existing home is located 14.1 feet from the north property line adjacent to Woodland Road. The minimum setback required from the north lot line is Zoning Board Meeting Minutes May 7, 2009 Page 2 of 5 established by the front yard setback of the home fronting Woodland Road to the west. The home located to the west at 4505 Woodland Road provides a 35 foot setback from Woodland Road. The subject home is located a little over 14 feet from the north lot line and extends into the required setback by 20.9 feet. The existing home is legal nonconforming regarding north street setback. Planner Aaker explained that the property is subjected to two front yard setbacks from both Woodland Road and Wooddale Ave. reducing building footprint opportunity as compared with nearby interior lots. The existing home is already forward of the adjacent home to the west encroaching into the north setback and overlapping the interior side yard setback required from the south lot line as well. Approximately two thirds of the home is overlapping setback. Planner Aaker pointed out the most affected home is adjacent to the west fronting Woodland Road and has always had the subject home overlapping the required front yard setback by a little over 14 feet. The level of encroachment will not change and will remain at 14 feet. The new garage will be recessed farther back from the existing north wall of the subject home by 10 feet, providing a 25 foot setback from Woodland Road. The new second floor above will maintain the existing nonconforming setback of the north wall and will not be any closer to the north lot line than the existing first floor of the home. The request will not reduce setback to the north lot line; it will increase setback in the new addition, (garage portion). The required setback negatively affects opportunity for expansion of the home and is a hardship. Planner Aaker concluded that staff recommends approval of the 10 and 21 foot side/front street setback variances based on the following findings: 1) There is unique hardship to the property caused by: a. The original home placement and required setbacks. b. The home was built well within the current required setbacks limiting logical expansion of the existing structure. c. The addition will encroach into the front yard setback by equal or less amounts than existing portions of the building, with all other portions of the proposed addition conforming to the ordinance requirements. 2) The variances would meet the intent of the ordinance since: a. The variances would allow the additions to match existing conditions or improve upon them and would not compound impact of the nonconforming structure. b. The variances would maintain the existing nonconforming setbacks that Zoning Board Meeting Minutes May 7, 2009 Page 3 of 5 have historically been enjoyed and been in place since the home was constructed and in the case of the new garage, the setbacks will actually improve. c. The variances would not interfere with sight lines or negatively impact the character along Wooddale Ave. or Woodland Road. Approval should also be based on the following conditions: 1) The addition shall be constructed as per the submitted plan dated April 22, 2009. 2) This variance will expire on May 7, 2010, unless the city has issued a building permit for the project covered by this variance or approved a time extension. Appearing for the Applicant Steve Elie, property owner Comments and Questions from the Board Member Davidson said if he reads the plans correctly that the problem is with the placement of the house. Planner Aaker responded in the affirmative, pointing out the house as it exists today is legal non -conforming. Chair Schroeder asked Ms. Aaker if the height of the house after renovation meets code. Planner Aaker responded in the affirmative. Chair Schroeder asked Planner Aaker if the grade is changing. Planner Aaker responded it isn't demonstrated on the plan; however, they will be held to the ordinance requirement. Applicant Presentation Mr. Elie, 4520 Tower told the Board he has looked for three years to find the right house, adding he believes he found it with this house. Mr. Elie added that the subject house is in foreclosure and the bank accepted his offer. Mr. Elie informed the Board that he made an effort to share his plans with as many neighbors as he could contact. Continuing, Mr. Elie said he has never been through the variance process before, but firmly believes the proposal as presented will be of value to the neighborhood and Edina. Concluding,. Mr. Elie clarified for the Board that the floor elevation will remain as is. Public Comment Mike Collins, 4 Woodland Road, addressed the Board and told them he has reviewed all plans submitted by Mr. Elie and in his opinion this renovation will add great value to Zoning Board Meeting Minutes May 7, 2009 Page 4 of 5 the neighborhood. Concluding, Mr. Collins stated he really likes what the Elie's are proposing. Comments and Questions from the Board Chair Schroeder commented that staff will review the final plan and will catch any irregularities and if lot coverage and/or grade don't meet ordinance requirements the applicant will need to request another variance and re -appear before a variance board. Member Davidson said in his opinion this renovation will add value to the neighborhood, adding it is beneficial to the community to have foreclosed homes purchased and occupied. Board Action Member Davidson moved variance approval based on staff findings and subject to staff conditions. Member Scherer seconded the motion. All voted aye; motion carried. Chair Schroeder complimented Mr. Elie on his application, especially engaging the neighborhood in the process. Continuing, Chair Schroeder told Mr. Elie that while the Board feels the plan as presented is a good plan; one that they support he would caution against further variances. 111. PUBLIC COMMENT: No public comment. IV. ADJOURNMENT: The meeting was adjourned at 5:55 PM �. '• by ��