HomeMy WebLinkAbout2010 03-18 Zoning Board of Appeals Meeting Minutes RegularMINUTES
Regular Meeting of the Edina Zoning Board of Appeals
Thursday, March 18, 2010, 5:30 PM
Edina City Hall Council Chambers
4801 West 50th Street
MEMBERS PRESENT:
Chair Brown, Winder, Birdman, Adiyia, Carpenter
STAFF PRESENT:
Kris Aaker and Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
The minutes of the November 19, 2009, meeting were filed as submitted.
II. NEW BUSINESS:
B-10-05 Gary Aulick/Kreea and Mark Ashton
4610 Browndale Avenue, Edina
Request: A 6 -foot setback variance from Minnehaha Creek
Staff Presentation
Planner Aaker informed the Board the subject property is located on the west side of
Browndale Ave. consisting of a two and one half story English Tudor with Norman
influence style home built in 1933. The home is located within the historic Country Club
District and is listed as one of the "Pivotal' homes in the district. The property backs up
to Minnehaha Creek. The applicant is proposing to expand the kitchen area in the back
part of the home. The addition will extend the back wall of the kitchen and breakfast
nook by 4 feet to match the back wall of the attached garage. The addition would be
supported on posts and would not expand the basement level of the house. The
addition will be less than 100 square feet in area and would encroach into the required
50 foot setback from Minnehaha Creek by 6 feet. The encroachment into the setback
area would consist of approximately 32 square feet. Much of the home is already
nonconforming regarding setback from the creek with approximately 2/3rds of the
garage encroaching. The home predates the current 50 foot setback requirement from
the creek.
Planner Aaker explained that the purpose of the setback requirement is to provide an
adequate distance between structure and the Creek edge. In this instance, spacing to
the creek will remain the same with the improvements matching the existing back wall
of the garage. All portions of the addition will have similar materials as those used on
the existing exterior of the home. The addition is minor in scope and scale and would
appear to be a seamless extension of the kitchen. The minimal 4 foot addition would
have a positive impact on the small existing kitchen space. The expansion allows a
much more usable and functional kitchen without being over -sized.
Planner Aaker concluded that staff recommends approval of the 6 foot setback
variance based on the following findings:
1) There is unique hardship to the property caused by:
a. The nonconforming placement of the home and the existence of other
homes and structures all built under different ordinances with similar
setbacks or that are even closer to the creek than the subject property.
b. The home was built prior to current setback requirements with a change
from a 25 foot setback to a 50 foot setback from the creek in the early
1990's.
c. The addition of the kitchen cannot be accomplished without the benefit
of a variance given proximity of the home to the creek.
2) The variances would meet the intent of the ordinance since:
a. The variance would be similar to existing surrounding conditions within
the neighborhood.
b. The variances would match the garage and would not be as close to the
creek as other existing portions of the house.
c. The variances would not alter the character of the district; instead would
be consistent with the architecture of the home and surrounding
properties.
Approval should also be based on the following conditions:
1) The addition shall be constructed as per the submitted plan dated February
2010.
2) This variance will expire on March 18, 2011, unless the city has issued a
building permit for the project covered by this variance or approved a time
extension.
Appearing for the Applicant:
Gary Aulick and Ms. Ashton, property owner.
Discussion:
Mr. Aulick addressed the board and explained that the present kitchen is very small and
the property owners wanted to achieve a bit more room. He pointed out the proposed
expansion is minimal; noting much of the house is already non -conforming by current
ordinance standards. Planner Aaker agreed, adding a majority of Edina's homes were
constructed less than 50 feet from the ordinary high water mark of the creek.
Previously the ordinance required a 25 foot setback from waterbodies and that
requirement changed in the 1990's.
Chair Brown noted that an adjacent neighbor submitted a letter asking that during the
construction phase of the project that careful attention be paid to not damage her
property (staging of equipment, erosion control, etc.). Mr. Aulick stated they would be
very careful during the staging of the project.
Ms. Virginia Lindow, 4604 Browndale Avenue introduced herself as the neighbor who
wrote the letter referenced by Chair Brown and pointed out the grade change to the rear
makes staging of equipment difficult and asked that the property owners be very careful
with their equipment during the construction phase of the project. Mr. Aulick told Ms.
Lindow that when equipment is too large wheelbarrows will be used to move dirt and
materials.
Board Action
Member Birdman moved variance approval based on staff findings and subject to
staff conditions with the additional condition that no staging of materials and
erosion control materials will be placed on the neighboring property at 4604
Browndale Avenue.
Member Winder said in her opinion that legally the motion should only refer to the
variance. The staging of materials etc. should be noted; however, not part of the
motion. Board Members agreed recommending removal of the statement that
reads "with the additional condition that no staging of materials and erosion
control materials will be placed on the neighboring property at 4604 Browndale
Avenue".
Member Adiyia seconded the motion. All voted aye; motion carried.
III. NEXT MEETING DATE:
April 1, 2010
IV. ADJOURNMENT:
The meeting was adjourned at 6:00 pm.
Respectfully submitted by: JC16ZLe FtDOOMAleleer