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HomeMy WebLinkAbout2009 09-03 Zoning Board of Appeals Meeting Minutes RegularMINUTES Regular Meeting of the Edina Zoning Board of Appeals Thursday, September 3, 2009, 5:30 PM Edina City Hall Council Chambers 4801 50th Street West MEMBERS PRESENT: Chair Michael Schroeder, Mary Vasaly, Scott Davidson, and Nancy Scherer MEMBERS ABSENT: Bernadette Hornig STAFF PRESENT: Cary Teague and Jackie Hoogenakker 1. APPROVAL OF THE MINUTES: Member Vasaly moved approval of the May 7, 2009, meeting minutes. Member Scherer seconded the motion. All voted aye; motion carried. II. NEW BUSINESS: B-09-17 Hellmuth & Johnson Law 805078 th Street West, Edina Request: Side Yard and Building Height Variances Planner Presentation Planner Teague informed the Board the applicant is proposing to build a 5 -story, 35,000 square foot office building with three stories of parking below two stories of office at 8050 West 78th Street. The existing site is vacant. The request requires the following variances: 1. Side yard setback variances from 50 feet to 36 & 38 feet. (4th floor) 2. Side yard setback variances from 64 feet to 57 & 56 feet. (5th floor) 3. Building Height variance from 4 stories and 50 feet to 5 stories and 64 feet. Approve the following variances for the Hellmuth & Johnson Law Office at 8050 West 78th Street. 1. A Side yard setback variances from 50 feet to 36 & 38 feet. (4th floor) 2. Side yard setback variances from 64 feet to 57 & 56 feet. (5th floor) 3. Building Height variance from 4 stories and 50 feet to 5 stories and 64 feet. The proposal meets the required standards for a variance, because: 1. There is a unique hardship to the property caused by the shape of the lot, and the significant wetlands located over the north half of the site. 2. The variance would meet the intent of the ordinance because the building is reasonably sized given the allowed FAR in the POD -1 district is .50. The proposed FAR is .33. 3. The increase in the height of the building is due to minimizing the impact of the wetland by building a surface parking lot. The office portion of the building is two stories and the parking ramp three stories. 4. The building height is generally consistent with buildings and ramps in the area, and approved plan for an 8 -story building and 5 -story parking ramp for the property to the west. 5. The site's location adjacent to Interstate -494. 6. The high water table prevents the parking from being constructed under ground. 7. The increase in density could be supported by existing roadways, as determined in the traffic study done by Westwood. Approval is also subject to the following conditions: 1. City Council approval of the Overall and Final Development Plan. 2. This variance will expire on September 3, 2010, unless the city has issued a building permit for the project covered by this variance or approved a time extension. Appearing for the Applicant Dean Dovolis, DJR Architects Applicant Presentation Mr. Dovolis informed Board Members that the project recently received preliminary approval from the watershed district. Mr. Dovolis said in his opinion a hardship on the property is the "land taking" by the County. Board Comments Chair Schroeder told Zoning Board Members that this project also received approval from both the Planning Commission and City Council. Board Action Member Scherer moved variance approval of B-09-17 based on staff findings and subject to staff conditions. Member Davidson seconded the motion. All voted aye; motion carried. III. COMMUNITY COMMENT: None IV. NEXT MEETING DATE: September 17, 2009 V. ADJOURNMENT: The meeting adjourned at 5:45 PM q, RT P12,