HomeMy WebLinkAboutResolution No. 2009-013 Approving Variances for a Building Expansion of a Home Located at 5349 Kelloff Avenue RESOLUTION NO. 2009-13
A,
APPROVING VARIANCES FOR A BUILDING EXPANSION
o e OF A HOME LOCATED AT 5349 KELLOGG AVENUE
City of Edina
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section 1. BACKGROUND.
1.01 Jon and Alyssa Hammar, 5349 Kellogg Avenue have appealed to the City Council the Zoning
Board of Appeals denial of variances on their property for the purposes of adding onto their
home. The requested variances are as follows:
1. A .9 foot (10 inch) side yard setback variance.
2. A 219 square foot lot coverage variance.
1.02 The specific proposal is to add to the north side of the home on the main floor to expand the
kitchen, add a pantry and a new dinette area.
1.03 On December 18, 2008, the Zoning Board of Appeals heard the applicant's variance request.
The four-member Board denied the variances on a split vote. The variances were moved for
approval and seconded, however, two voted for and two members voted against the motion.
The variances were denied due to a lack of voting majority.
• 1.04 On December 20, 2008, the property owners, Jon and Alyssa Hammar appealed the decision
in order for the City Council to take final action.
Section 2. FINDINGS
2.01 The proposal meets the required standards for a variance, because:
1. There is an undue hardship relative to the property. The existing kitchen is very small
and cannot be expanded internally. No other viable alternative for kitchen space
expansion is available. The proposed use is reasonable.
2. The variance would meet the intent of the ordinance because the building was
designed and built slightly over current coverage requirements and does not have the
benefit of more coverage than allowed by code without variance approval.
3. The coverage proposed is consistent with the goal of maintaining equitable building
mass and coverage in existing established neighborhoods in Edina.
4. The variance would not negatively impact the neighborhood.
5. The variance supports the intent of the ordinance by maintaining consistent coverage
within the immediate neighborhood.
Section 3. CITY COUNCIL ACTION
NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, the
approval of variances and over-turning of the Zoning Board of Appeals denial of variances for
a .9 foot, (10 inch), side yard setback variance and a 219 square foot lot coverage variance
• for property located at 5349 Kellogg Ave, legally described as lot 12, block 5 South Harriet
Park, subject to the following conditions:
City Hall 952-927-8861
4801 WEST 50TH STREET FAX 952-826-0390
EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379
RESOLUTION NO. 2009-13
Page Two
1. No future building shall be allowed above the car port.
2. No change in roofline shall be allowed on the second floor.
Adopted by the city council of the City of Edin:zmes
zHovland,tMEyor -
STATE
ATTEST. �-� � �
Debra A. Mangen, ity rk OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
•
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the
attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting
of January 20, 2009, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of 2009.
City Clerk