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HomeMy WebLinkAbout1996 6-20 Zoning board of Appeals Meeting Minutes RegularREGULAR MEETING OF THE EDINA ZONING BOARD OF APPEALS HELD ON THURSDAY, JUNE 11, 1996 5:30 P.M., MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Chair, Helen McClelland, Don Patton, Lorelei Bergman, David Byron MEMBERS ABSENT: Mike Lewis I. APPROVAL OF THE MINUTES: The minutes of the April 18, 1996 meeting were filed as submitted. II. NEW BUSINESS: B-96-32 J & R Herda 4501 Drexel Avenue South Lot 31, Block 5, Country Club District Request: A 13 foot rearyard setback variance Ms. Aaker informed the board the property is located on the southeast corner of Drexel Avenue and Sunnyside Road and consists of a two story home. The property owners are hoping to remodel the existing garage by turning it into a family room and adding a new attached two car garage. The homeowners have indicated that the corner lot requirement of 20 feet to the sidestreet and 25 feet to the rearyard creates a burden in trying to design an addition to the home. It would appear that a detached garage could be accomplished within three feet of the rear lot line. This would create a nine foot space between the garage and the home. . Ms. Aaker added It should be noted that the plans specify attic trusses over the garage addition. While it would appear that no living space above the garage is planned for this addition, no subsequent finishing of the attic space would be allowed without an additional variance. Ms. Aaker concluded that it would appear that there is some opportunity to detach the garage within the parameters of the Ordinance. Detaching the garage may not however reduce the impact of the garage, it may in fact be more impacting to neighboring properties. The proponent, Mr. Herda was present to respond to questions. Mr. Herda explained to Board Members the attic space will only be used as attic space. Continuing. Mr. Herda said in his opinion this proposal maintains more green area and less hardsurface. Mr. Byron asked Ms. Aaker if the variance is granted as requested is the variance for 12 feet. Ms. Aaker responded that is correct. Mr. Byron questioned the setbacks for a detached garage. Mr. Aaker said if a detached garage is constructed in the rearyard the setbacks are three feet from the rear and side property boundaries. Mr. Byron asked if this property required architectural review. Ms. Aaker said it did not require any review. Ms. McClelland said she has a concern with the attic space. She acknowledged this property does have legitimate hardships because of the corner lot situation, but wants some assurance that in the future the attic space is not converted into living space. Mr. Byron moved approval subject to the plans presented and the use of matching materials. Mr. Byron added it is the intent of this motion to include the condition that the property owner is to acknowledge with a letter for the file that he understands the space above the garage cannot be converted into living space. Mr. Patton seconded the motion. All voted aye; motion carried. B-96-33 Steven and Cheryl Lange 6600 Pawnee Road Lot 1, Block 1, Indian Hills Arrowhead Addition Request: A 24.54 foot sidestreet setback variance Ms. Aaker explained the subject property is located west of Pawnee Road and south of Indian Hills Road. The property is a corner lot with the home facing Pawnee Road. The property owners are hoping to add an addition to the rear of their home. The home consists of a walkout rambler. The addition will expand the master bedroom to include a walk-in closet. The addition will be to the main level of the home and will be supported by posts. Ms. Aaker pointed out the Edina Zoning Ordinance requires that on a corner lot, all new structures and additions must maintain the setback of the neighboring adjacent property if a home faces the side street. In this instance there is a home (6711 Indian Hills Road) facing the sidestreet with a front yard setback of 41.54 feet. The current sidestreet setback of the subject home is 17 feet. To maintain the required setback would push any addition much farther to the south of the proposed location. It would appear that roughly one third of the house is non -conforming in terms of sidestreet setback. The homes fronting Indian Hills Road were built after the subject home creating the non -conforming situation. Ms. Aaker concluded given the hardship imposed by the development of the adjacent property staff supports the request as submitted. Mr. Steven Lange, proponent was present. Mr. Lange addressed the board and told them he spoke with the homeowner to the rear (impacted neighbor) and they indicated they do not have a problem with the proposal. Mr. Byron asked Ms. Aaker the dimensions of the addition. Ms. Aaker said the addition is 12 X 24 Y2 feet. Ms. McClelland noted that essentially what is being proposed is enclosing the existing deck. Mr. Lange said that is correct. Mrs. Bergman asked Mr. Lange if he intends to maintain the existing wooded character of the lot. Mr. Lange said their goal is to maintain the existing conditions, adding only one tree will be lost as a result of the proposal. Mr. Byron said in reviewing the plans he believes there is a hardship, and given the fact the addition is being positioned over an existing structure, he can support the proposal as presented. Mr. Byron moved variance approval subject to the plans presented. Mr. Patton seconded the motion. All voted aye; motion carried. B-96-34 Robert Hopf/David and Margaret Swanson 5720 Long Brake Trail Lot 6, Block 1, Dewey Hill, 2nd Addition Request: A 17.64 foot frontyard setback variance Ms. Aaker informed the Board the subject property is located on the north side of Long Brake Trail and consists of a rambler. The property owners are hoping to add onto the east side of their home. The addition consists of an 11 X 17.5 foot master bedroom and closet on the main level and a basement bath and closet below. The addition requires a frontyard setback variance. Ms. Aaker concluded the lot required a variance to construct the home. Given the hardship established by the surrounding properties' frontyard setbacks, staff supports the request as submitted. Mr. Robert Hopf was present to represent the proponents. Mr. Byron asked Ms. Aaker what portion of the proposal requires the variance. With graphics Ms. Aaker pointed out only a small corner of the addition requires a variance. Mrs. Bergman asked Mr. Hopf if the neighbor to the east supports the request. Mr. Hopf said he has not spoken to the neighbor to the east, but believes they do not have a problem with the proposal. Continuing, Mr. Hopf explained because of the vegetation and landscaping the addition will not be seen by the adjoining property owner. Ms. McClelland asked Mr. Hopf the square footage of the house. Mr. Hopf said by his calculations the house is 4,000 square feet is size with lot coverage at 20%. Mr. Patton said he does not have a problem with the proposal as presented, pointing out when the lot was platted it was apparent any structure would require a variance. The present property owners should have the right to expand their home. Ms. McClelland said she has a problem with this, she pointed out this lot already has received a variance to construct the existing home, and what exists today fits the site. Mr. Byron said he does not have a problem with the proposal. He pointed out the impact is minimal, lot coverage is not exceeded, and the addition is screened with landscaping. Mr. Byron moved variance approval subject to the plans presented and the use of like materials. Mr. Patton seconded the motion. Ayes; Patton, Bergman, Byron. Nays, McClelland. Motion approved. B-96-35 Jenson Homes, Inc./Carl Pohlad 4812 Bywood West Lot 7, Block 1, Beckstrom Purpose: A 34 foot setback variance from a pond Ms. Aaker explained the subject property is located on the west side of Bywood West. The property owner is planning on moving the existing home on the subject lot and relocating it to a lot across the street. The lot in question will have a new house constructed on the property. All aspects of the new home conform to Ordinance requirements with one exception, the home will be within the 50 foot setback mandated by the Department of Natural Resources from a ponding area. Ms. Aaker pointed out the existing home is approximately 19 feet from the edge of the pond. The new house as proposed would be 16 feet to the pond. In 1992 the City Ordinance was amended to reflect the mandated setbacks from lakes, ponds, streams, and wetlands as determined by the DNR. A minimum 50 foot setback was established for the subject pond. Ms. Aaker concluded prior to 1992 setbacks from water bodies would have been 25 feet in place of a rearyard setback and 10 feet in place of a sideyard setback. Given that the 50 foot setback requirement severely restricts the buildable area of the lot staff supports the request. The proponents, Mr. and Mrs. Pohlad were present, and their representatives, Mr. Jensen and Mr. Smith. Mrs. McClelland asked Ms. Aaker who has the authority over this ponding area, the City or the DNR. Ms. Aaker said the City has the authority. Mr. Patton questioned if soil tests were conducted on the site. Mr. Jensen said soil tests were made, and found to be acceptable. He added the elevation of the new house will be one foot higher than the existing home. Mrs. Bergman asked Mr. and Mrs. Pohlad if they ever experienced water problems in their home. Mr. Pohlad said there have been no water problems. Mr. Robert Smith explained the proposed house was shifted to accommodate the driveway design. Ms. McClelland noted the proposed house places more building into the setback, adding with new construction usually the goal is to reduce impact. Mr. Patton asked Mr. Smith if the building can be rotated to reduce the variance. Mr. Smith said the goal of the Pohlads is to construct a new house with one level living. He explained it would be difficult to rotate the proposed structure. Mr. Patton said he can support the request as presented. He pointed out in his opinion the depth of the lot is shallow, and a hardship exists on the lot because so much of the lot is encumbered with the restriction from the water body. Mr. Byron moved variance approval subject to the plans presented, noting the hardship of the lot as it relates to the pond. Mr. Patton seconded the motion. Ayes; Bergman, Byron, Patton. Nays, McClelland. III. ADJOURNMENT The meeting was adjourned at 6:30 p.m. �k� — ac ie Hoogenakker