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HomeMy WebLinkAbout2009 03-19 Zoning Board of Appeals Meeting Minutes RegularEDINA ZONING BOARD OF APPEALS MINUTE SUMMARY THURSDAY, MARCH 19,2009,5:30 PM EDINA COMMUNITY ROOM 4801 WEST 50TH STREET, EDINA, MN MEMBERS PRESENT: Chair Arlene Forrest, Helen Winder and Jeff Carpenter STAFF PRESENT: Kris Aaker and Jackie Hoogenakker I. APPROVAL OF THE MINUTES: The minutes of the November 20, 2008, meeting were filed as submitted. II. NEW BUSINESS: B-09-3 Tim and Jennifer Ehde 4315 Branson Street, Edina Request: 3 foot side yard setback variance Planner Presentation Planner Aaker informed the Board the subject property is a two story home with an attached two stall garage located on the south side of Branson St. The homeowners are hoping to remove and rebuild the existing attached two car garage. The garage is proposed to be replaced in approximately the same location with a 4 foot expansion to the back and with a new a family room above. The home was built in 1917 with a detached garage added in the 1970's and an addition to the back of the home connecting the detached garage in 1991. A previous homeowner received a variance to add onto the back of the home and attach the existing detached garage. A 2 foot side yard setback variance was approved by the Zoning Board of Appeals to allow a 3 foot side yard setback instead of the 5 foot side yard setback required for attached garages. It had been assumed that the detached garage conformed to the minimum 3 foot side yard setback required for detached garages in rear yards. No survey was required for the 1991 variance request. An updated survey illustrates that the existing garage is actually 2.6 feet from the side lot line instead of 3 feet as assumed. Planner Aaker explained that the homeowner has indicated that the new garage would be re -built in accordance with the 1991 variance approval and would be located 3 feet to the side lot line instead of 2.6 feet. A variance had been granted to allow a 3 foot setback and staff believes continuation of that condition to be a reasonable request. The owners would like to add to the depth of their garage and to add a half story above the rebuilt garage. The owners have no other option given the previous addition to the back of their home, but to pursue the opportunity to allow living space above the garage. The owners also desire to improve the aesthetics of the garage. The existing garage has a modern roofline that doesn't match the circa 1917 house. The variance needed to accomplish the homeowner's goal is a 3 foot side yard setback variance, (2 feet for the proximity of the garage and 1 foot for the height of the new %2 story family room). The owners have indicated that the current garage is suspected of not having proper footings to be attached to the house, so a rebuild is necessary to provide the necessary foundation. Planner Aaker concluded that staff recommends approval of the requested 3 foot side yard setback variance. Approval is based on the following findings: 1) There is a unique hardship to the property caused by: a. The location of the existing garage relative to the side lot line. b. The addition would match the exiting home and would be more in -keeping with the look of the home than the existing garage. c. The addition will not alter the character of the property in a negative way; it will instead enhance the home. 2) The variance would meet the intent of the ordinance since: a. The encroachment will allow consistency with a variance approved in 1991: b. The improvements would follow the existing wall lines and architecture of the home and should have no impact on sight lines. c. The addition would be a reasonable use given the hardship imposed by the required setback and proximity of the existing side wall of the garage. Approval is also based on the following conditions: 1) The addition must be constructed as per the submitted plan. 2) The variance will expire on March 19, 2010, unless the city has Issued a building permit for the project covered by this variance or or approved a time extension. Appearing for the Applicant Tim and Jennifer Ehde Applicant Presentation Mr. Ehde addressed the Board and explained the non -conforming location of the garage posed a problem for them, adding one of their goals was to create a more aesthetically pleasing period appropriate garage. Mr. Ehde asked the Board for their su pport. Board Action Member Carpenter moved variance approval based on staff findings and subject to staff conditions. Member Winder seconded the motion. All voted aye; motion carried. Planner Aaker explained to Mr. Ehde that there is a 10 -day appeal period whereby a neighbor could appeal the decision of the Board to the City Council. Planner Aaker said after the 10 -day appeal period is over a building permit can be applied for from Edina's building department. III. ADJOURNMENT: Member Carpenter moved to adjourn the meeting of the Edina Zoning Board at 5:50 pm. Member Winder seconded the motion. All voted aye; motion to adjourn carried. N 0,,,WwslRRiI1>, ► - d- - �