HomeMy WebLinkAboutResolution No. 2012-159 Denying Preliminary Plat , 5945 Concord Avenue �1
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RESOLUTION NO. 2012-159
DENYING A PRELIMINARY PLAT, SUBDIVISION, AND VARIANCES
FOR PROPERTY AT 5945 CONCORD AVENUE IN EDINA
BE IT RESOLVED by the City Council of the City of Edina,Minnesota, as follows:
Section 1. BACKGROUND.
1.01 Jerrod Lindquist("Applicant")has applied for preliminary plat approval,subdivision
approval,and zoning variances for property with a street address of 5945 Concord Avenue
legally described as:
Lots 13 (a 50 x 135 foot lot) and 14 (a 50 x 135 foot lot),Block 9,Fairfax,Hennepin County,
Minnesota ("Subject Property").
Area Lot Width Depth
City Code Requirement-Median 10,028 s.f. 77 feet 135 feet
Lot 1 6,794 s.f.' 50 feet' 135 feet
Lot 2 6,800 s.f.' 50 feet" 135 feet
1.02 The applicant is the property owner and resides at the subject property.
1.03 Applicant purchased the Subject Property in 1996.
1.04 The two lots that constitute the Subject Property are held in common ownership by Applicant.
Subsection 850.07,Subd. 20B4a of the Zoning Ordinance provides: "If a non-conforming lot or
parcel is,or at any time since October 22,1951,has been,held in common ownership with all
or part of an adjoining or abutting parcel or lot which together comply with,or come close to
complying with,the minimum width, depth, area,and lot width to perimeter ratio,
requirements of this Section,then such non-conforming lot or parcel and such adjoining or
abutting parcel or lot shall be considered as one lot and shall not be decreased in size below
such minimum requirements. If in a group of two or more adjoining or abutting lots or
parcels owned or controlled by the same person,any single lot or parcel does not meet the full
minimum depth,width,area or lot width to perimeter ratio requirements of this Section,such
single lot or parcel shall not be considered as a separate lot or parcel able to be conveyed and
developed under this Code."
CITY OF EDINA
4801 West 50th Street•Edina,Minnesota 55424
www.EdinaMN.gov•952-927-8861 • Fax 952-826-0389
RESOLUTION NO. 2012-62 A,
Page 3
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1.05 The Subject Property is guided Single Fa A esidential under the City's Comprehensive
Plan and is zoned R-1,Single Dwelling Unit District.
1.06 Applicant proposes to subdivide and plat the Subject Property into two lots: Lots 1 and 2,
Block 1,Lindquist Addition.
1.07 Applicant has applied for multiple zoning variances:
1. Lot width variances from the 77 feet required in the R-1 zoning district to 50 feet for each
lot.
2. Lot area variances from the 10,028 square feet required in the R-1 zoning district to 6,794
and 6,800 square feet.
1.08 On October 10,2012,the Planning Commission recommended denial of the preliminary plat,
subdivision and variances.
1.09 On December 4,2012,the City Council held a public hearing on the proposed subdivision.
Section 2. FINDINGS.
2.01 The proposed plat and subdivision do not meet ordinance standards for a subdivision,
because the proposed lots do not meet the minimum Zoning Ordinance requirements for lot
area,lot width,and lot depth.
2.02 The variance standards have not been met:
1. The Subject Property is a conforming single-family residential lot with a new single-family
house and has a taxable market value of$266,900. Reasonable use of the property exists
today.
2. The proposed variances are not in harmony with the general purpose and intent of the
zoning ordinance which is to require nonconforming lots in common ownership to be
developed as a single parcel.
3. There are no practical difficulties in complying with the zoning ordinance standards.
Applicant does not propose to use the property in a reasonable manner prohibited by the
zoning ordinance. The Subject Property is only 3,566 square feet larger than the required
minimum lot size.The proposed lots which are approximately 32% below the minimum
lot size requirement are not reasonable.
4. The practical difficulty alleged by the applicant's proposal to subdivide the property is
self-created.
CITY OF EDINA
4801 West 50th Street•Edina,Minnesota 55424
www.EdinaMN.gov•952-927-8861 • Fax 952-826-0389
RESOLUTION NO. 2012-159
Page Two
5. The need for the variance is created only by Applicant's desire to maximize the return on
its investment.Such economic considerations alone do not constitute practical difficulties.
6. There are no circumstances unique to the Subject Property that justify granting multiple
variance to enable the Applicant to create nonconforming lots.The Subject Property is
similar in size to several lots to the east.
Section 3. The preliminary plat,subdivision and variances are denied.
Adopted this 4th day of December, 2012.
ATTEST:
Debra A. Mangen,City C'erk James B. Hovland,Mayor
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss. CERTIFICATE OF CITY CLERK
CITY OF EDINA )
1,the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that
the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular
Meeting of December 4,2012,and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of .2012.
City Clerk