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HomeMy WebLinkAbout2010 03-18 Zoning Board of Appeals Meeting Minutes RegularMINUTES Regular Meeting of the Edina Zoning Board of Appeals Thursday, March 18, 2010, 5:30 PM Edina City Hall Council Chambers 4801 West 50th Street MEMBERS PRESENT: Chair Brown, Winder, Birdman, Adiyia, Carpenter STAFF PRESENT: Kris Aaker and Jackie Hoogenakker I. APPROVAL OF THE MINUTES: The minutes of the November 19, 2009, meeting were filed as submitted. II. NEW BUSINESS: B-10-05 Gary Aulick/Kreea and Mark Ashton 4610 Browndale Avenue, Edina Request: A 6 -foot setback variance from Minnehaha Creek Staff Presentation Planner Aaker informed the Board the subject property is located on the west side of Browndale Ave. consisting of a two and one half story English Tudor with Norman influence style home built in 1933. The home is located within the historic Country Club District and is listed as one of the "Pivotal' homes in the district. The property backs up to Minnehaha Creek. The applicant is proposing to expand the kitchen area in the back part of the home. The addition will extend the back wall of the kitchen and breakfast nook by 4 feet to match the back wall of the attached garage. The addition would be supported on posts and would not expand the basement level of the house. The addition will be less than 100 square feet in area and would encroach into the required 50 foot setback from Minnehaha Creek by 6 feet. The encroachment into the setback area would consist of approximately 32 square feet. Much of the home is already nonconforming regarding setback from the creek with approximately 2/3rds of the garage encroaching. The home predates the current 50 foot setback requirement from the creek. Planner Aaker explained that the purpose of the setback requirement is to provide an adequate distance between structure and the Creek edge. In this instance, spacing to the creek will remain the same with the improvements matching the existing back wall of the garage. All portions of the addition will have similar materials as those used on the existing exterior of the home. The addition is minor in scope and scale and would appear to be a seamless extension of the kitchen. The minimal 4 foot addition would have a positive impact on the small existing kitchen space. The expansion allows a much more usable and functional kitchen without being over -sized. Planner Aaker concluded that staff recommends approval of the 6 foot setback variance based on the following findings: 1) There is unique hardship to the property caused by: a. The nonconforming placement of the home and the existence of other homes and structures all built under different ordinances with similar setbacks or that are even closer to the creek than the subject property. b. The home was built prior to current setback requirements with a change from a 25 foot setback to a 50 foot setback from the creek in the early 1990's. c. The addition of the kitchen cannot be accomplished without the benefit of a variance given proximity of the home to the creek. 2) The variances would meet the intent of the ordinance since: a. The variance would be similar to existing surrounding conditions within the neighborhood. b. The variances would match the garage and would not be as close to the creek as other existing portions of the house. c. The variances would not alter the character of the district; instead would be consistent with the architecture of the home and surrounding properties. Approval should also be based on the following conditions: 1) The addition shall be constructed as per the submitted plan dated February 2010. 2) This variance will expire on March 18, 2011, unless the city has issued a building permit for the project covered by this variance or approved a time extension. Appearing for the Applicant: Gary Aulick and Ms. Ashton, property owner. Discussion: Mr. Aulick addressed the board and explained that the present kitchen is very small and the property owners wanted to achieve a bit more room. He pointed out the proposed expansion is minimal; noting much of the house is already non -conforming by current ordinance standards. Planner Aaker agreed, adding a majority of Edina's homes were constructed less than 50 feet from the ordinary high water mark of the creek. Previously the ordinance required a 25 foot setback from waterbodies and that requirement changed in the 1990's. Chair Brown noted that an adjacent neighbor submitted a letter asking that during the construction phase of the project that careful attention be paid to not damage her property (staging of equipment, erosion control, etc.). Mr. Aulick stated they would be very careful during the staging of the project. Ms. Virginia Lindow, 4604 Browndale Avenue introduced herself as the neighbor who wrote the letter referenced by Chair Brown and pointed out the grade change to the rear makes staging of equipment difficult and asked that the property owners be very careful with their equipment during the construction phase of the project. Mr. Aulick told Ms. Lindow that when equipment is too large wheelbarrows will be used to move dirt and materials. Board Action Member Birdman moved variance approval based on staff findings and subject to staff conditions with the additional condition that no staging of materials and erosion control materials will be placed on the neighboring property at 4604 Browndale Avenue. Member Winder said in her opinion that legally the motion should only refer to the variance. The staging of materials etc. should be noted; however, not part of the motion. Board Members agreed recommending removal of the statement that reads "with the additional condition that no staging of materials and erosion control materials will be placed on the neighboring property at 4604 Browndale Avenue". Member Adiyia seconded the motion. All voted aye; motion carried. III. NEXT MEETING DATE: April 1, 2010 IV. ADJOURNMENT: The meeting was adjourned at 6:00 pm. Respectfully submitted by: JC16ZLe FtDOOMAleleer