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HomeMy WebLinkAbout1992 09-07 Zoning Board of Appeals Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE - ZONING BOARD OF APPEALS HELD ON THURSDAY, SEPTEMBER 17, 1992, 5:30 P.M. EDINA CITY HALL MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Chair Gordon Johnson, Mike Lewis, Helen McClelland, Geof Workinger, Don Patton STAFF PRESENT: Kris Aaker Jackie Hoogenakker I. APPROVAL OF THE MINUTES: Mrs. McClelland moved approval of the July 16, 1992 meeting minutes. Mr. Workinger seconded the motion. All voted aye; motion carried. II. NEW BUSINESS: B-92-37 Dale H. Renner 5114 Arden Avenue Lot 2, Block 1, Brucewood, and part of Lot 5, Block 1, Brucewood and lying northerly of the line drawn westerly from the northwesterly corner of Lot 1 in said Block 1, parallel with northerly line of said Lot 5. zoning: R-1 Request: A 4 foot sideyard setback variance Ms. Aaker informed the board the homeowners are planning a substantial addition to the rear of their home. All aspects of the project conform to the zoning ordinance with one exception; the north sideyard setback. The zoning ordinance requires a minimum 10 foot sideyard setback for lots 75 feet or greater in width and 5 feet for lot widths less than 75 feet. Ms. Aaker concluded staff recommends approval of the variance as submitted subject to the following conditions: 1 1. That plans are reviewed and approved by the Minnehaha Creek Watershed District. 2. All living area located in the flood fringe be elevated on fill so that the lowest floor elevation is one foot above the 867' flood plain elevation. 3. All finish materials of the new addition match the existing structure. The proponents, Mr. and Mrs. Renner were present. Ms. Aaker reported that Ceil Strauss indicated to staff that the DNR has no problem with the proposal as submitted and a permit is not required. Mr. Lewis asked Ms. Aaker if she has a concern that the Watershed District may not approved it. Ms. Aaker said the watershed district should not have a problem with their plan if they stay above the flood elevation. Chairman Johnson asked Ms. Aaker if she has received any comments from neighbors. Ms. Aaker said to date she has received no negative comments. Mr. Remmer told the board he spoke with a majority of the immediate neighbors and they indicated they support the proposal as submitted. Continuing, Mr. Remmer said it surprised him that they needed a variance. He explained they were just continuing the existing building wall and since their lot measures 70 feet across the front they believed they were in compliance keeping it at 6 1/2 feet. He stated it came as a surprise to him that the frontyard setback measurement is taken 50 feet from the property line which meant that instead of being allowed to construction their addition five feet from the side property line they had to maintain a 10 foot sideyard setback. Mr. Workinger questioned what the existing sideyard setbacks are. Ms. Aaker said the subject site will maintain the existing setbacks of around 6 1/2 feet on each side. Mr. Workinger said he has a concern about the slab effect of the addition adding it is not very aesthetically pleasing to the neighbors. It is very bare. Mr. Renner explained the reason for the starkness of the design is that the immediate neighbors have their master bedroom on their south, our north, and they indicated they prefer that the addition not have windows. Mrs. McClelland suggested using wood slatting, or something similar, as a decoration to help soften the impact of the addition and lessen the mass. 2 Mr. Patton noted that in reviewing -the plans he observed that there appears to be an external access from the rearyard into the basement. Ms. Aaker said the watershed district also expressed concern due to the walkout door. Mr. Renner explained that that door is there only by definition. He added since it was realized the proposal required a variance and he became familiar with FEMA rules it was understood that the door must be eliminated. Mr. Patton suggested that they could possibly place the door pointed south or turned at a 900 angle. Mr. Patton stressed he has a concern and does not want to see the basement flooded. Mrs. McClelland moved approval noting that the proposed addition met the requirements that existed when the home was constructed, subject to staff conditions and the additional conditions that the neighbors to the north and south submit a letter to the file, that living area remain above the 867 flood plain elevation, that the plan receives approval from the watershed district if it is necessary, and subject to the materials used must match the existing materials on the house. Mr. Lewis seconded the motion. All voted aye; motion carried. B-92-38 John and Stephanie Mullaney 4429 Brookside Terrace All of Lot 30, except the west 111 feet thereof, on file and record in the office of the registrar of titles in and for said Hennepin county. Subject to easement over the west 16 feet thereof and together with an easement over the east 16 feet of the west 127 feet of Lots 27,28, and 29, Brookside Terrace Zoning: R-1 Request: A 2.25 foot sideyard setback variance for building height Ms. Aaker told the board the subject home is located on the east side of Brookside Terrace, between the Soo Line right-of-way and Minnehaha Creek. The home is currently a one story rambler. The applicants are proposing to add a full second story to the existing structure. The lot width is 77 feet which requires a minimum 10 foot sideyard setback plus 6" for each foot the building height exceeds 15 feet. The site provides an 11 foot south sideyard setback which is greater than the 10 foot minimum, however, the added building height requires an additional 2.25 feet of setback. 3 Ms. Aaker concluded staff believes that the addition is appropriate for the site and recommends approval subject to the use of consistent materials on the exterior facade. Mrs. McClelland said in this instance there is a hardship but stated she has a concern that the size of the house is almost doubling. Mass is a problem. Mr. Mullaney said that what he desires is to stay in the neighborhood and provide his growing family with more room. Mr. Workinger moved approval subject to staff conditions noting that a hardship exists due to the creek. Mrs. McClelland seconded the motion. All voted aye; motion carried. III. ADJOURNMENT: The meeting adjourned at 6:00 p.m. 4