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HomeMy WebLinkAboutResolution No. 2015-068 Rezoning 3923 49th Street RESOLUTION NO. 2015-68 APPROVING A REZONING FROM R-1 TO R-2 WITH; LOT AREA AND WIDTH VARAINCES AT 3923 49TH STREET BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 Mathias Mortenson is proposing to tear down a single-family home and construct a new double dwelling unit at 3923 49th Street. The property is legally described as follows: Lot 32, Auditor's Subd. No. 172 1.02 To accommodate the request,the following land use applications are requested: 1. Rezoning from R-1,Single Dwelling Unit District to R-2,Double Dwelling Unit District; 2. Lot Area Variance from 15,000 s.f. to 8,816 s.f.; 3. Lot Width Variance from 90 feet to 65 feet; 1.04 On June 10,2015 the Planning Commission held a public hearing and recommended approval of the requested rezoning and variances.Vote: 8 Ayes and 1 Nay. 1.05 On July 7,2014,the City Council held a public hearing and considered the request. Section 2. FINDINGS 2.01 The proposal is consistent with the Comprehensive Plan.The Plan guides this site for low density attached residential which is described as two-family and attached dwellings of low densities and moderate heights. This category recognizes the historical role of these housing types as transitional districts between single-family residential areas and major thoroughfares or commercial districts." The proposed rezoning precisely fits this category. 2.02 The rezoning criteria per Section 36-216 of the City Code is found to be met. 3. The proposed use would fit in to the neighborhood.This neighborhood consists of both single-family and two-family dwellings;however,two dwelling units are the predominant uses on this block. CITY OF EDINA 4801 West 50th Street•Edina,Minnesota 55424 www.EdinaMN.gov•952-927-8861 • Fax 952-826-0389 RESOLUTION NO. 2015-68 Page 2 • 4. The findings for variance regarding the lot area and width are found to be met as follows: a. The practical difficulty is caused by the location of the existing home adjacent to a duplex to the west,and apartment building to the east,and commercial property to the south. This is site is better fitted as a transitional zone (duplex)between commercial property to the south and single family homes to the north. It is reasonable for this site to function as a transitional area. b. The circumstance of the undersized lot is not unique to this neighborhood.There are several undersized R-2 lots on this block. These circumstances however are unique in regard to other R-2 property in Edina. C. The variance will not alter the essential character of the neighborhood. Section 3. APPROVAL NOW THEREFORE,it is hereby resolved by the City Council of the City of Edina,approves the Rezoning and Lot Area and Width Variances at 3923 49th Street. Approval is subject to the following Conditions: 1. Any new structure on this property shall conform to the minimum Zoning Ordinance requirements of R-2 Zoning District. 2. Compliance with all of the conditions outlined in the director of engineering's memo dated June 3,2015. 3. Any new duplex structure would be required to be installed with a fire sprinkler system, per the state building code. RESOLUTION NO. 2015-68 Page 3 Adopted by the city council of the City of Edina,Minnesota, on my 7, 2015. ATTEST: Debra A. Mangen, i Cler James B. Hovland,Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK 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 July 7,2015,and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 2015. City Clerk