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HomeMy WebLinkAbout2011-08-31 Planning Commission PacketsAGENDA CITY OF EDINA, MINNESOTA PLANNING COMMISSION CITY COUNCIL CHAMBERS AUGUST 31, 2011 7:00 PM I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. APPROVAL OF CONSENT AGENDA A. Minutes of the August 17, 2011 Planning Commission Meeting. V. COMMUNITY COMMENT During "Community Comment," the Planning Commission will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Commission or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on this morning's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commission Members to respond to their comments today. Instead, the Commission might refer the matter to staff for consideration at a future meeting. VI. PUBLIC HEARINGS During "Public Hearings," the Chair will ask for public testimony after City staff members make their presentations. If you wish to testify on the topic, you are welcome to do so as long as your testimony is relevant to the discussion. To ensure fairness to an speakers and to allow the efficient conduct of a public hearing, speakers must observe the following guidelines: Individuals must limit their testimony to three minutes. The Chair may modify times as deemed necessary. Try not to repeat remarks or points of view made by prior speakers and limit testimony to the matter under consideration. In order to maintain a respectful environment for all those in attendance, the use of signs, clapping, cheering or booing or any other form of verbal or nonverbal communication is not allowed. B-11-5 Variance St. Peter's Lutheran Church/JMS Homes 3713 Fuller Street Lot Width Variance VII. REPORTS/RECOMMENDATIONS VIII. CORRESPONDENCE AND PETITIONS • Council Connection • Tree City USA Award Program IX. CHAIR AND COMMISSION MEMBER COMMENTS X. STAFF COMMENTS XI. ADJOURNMENT The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-927-886172 hours in advance of the meeting. d 9 PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda 9 Kris Aaker August 31, 2011 Assistant Planner Recommended Action: Approve the variance as requested. St, Peters Lutheran Church located at 5421 France Ave, So. in Edina, has entered into an a agreement with JMS Custom Homes to sell a single dwelling unit lot that is just southlacross the street frorn the Church site at 3713 Fuller Street, for the purposes of building a new home. The lot requires a 5 lot width variance from the minimurn 75 foot width that is currently required. The lot conforms to the depth and area requirements, however, was platted when narrower lot widths were acceptable. The lot is 6o feet in width, therefore a 15 foot lot width variance is requested. See attached survey and house plans a Figure A.1— A. The subject property is located on the south side of Fuller Street and consists of a vacant single dwelling unit lot. The property was acquired by St, Peters Church on April 1, 2003 and at the tirne was developed with a home. The home was removed by the Church on October 24, 2003, St, Peters Church also owns a parking lot oil the south side of Fuller on the corner of France Ave, and Fuller St. along with two lots east of the parking lot at 3717 and 3721 Fuller St, The property at 3721 Fuller Street is developed with a single family home and the property at 3717 Fuller is vacant, The two properties east of the parking lot are part of a Proof of Parking Agreement that the church entered in to in 1983 in lieu of developing the lots for expansion of the parking lot. Both 3717 and 3721 Fuller are tied to the Parking Agreement in case future parking becomes necessary and neither lot can be sold without adjustillent to the Prbof of Parking Agreement. The Church expanded in 1983 and was granted a parking variance that allows less improved parking spaces as part of the agreement with an agreed plan to be implemented for parking expansion oil 3717 and 3721 Fuller if deemed necessary. The lot in question is not part of the 1983 parking agreement and would have been allowed to be rebuilt on within a year after the home was torn down given that the property was platted under different ordinances at the time,and was considered a legal nonconforming lot. The ordinance allows continuation of nonconforming Situations as long as the condition is not discontinued for one calendar year. After a year has passed with no rebuilt home on the property, the legal nonconformity is considered lapsed with variances from the minimum lot standards required to rebuild on the lot. A building plan has been provided to demonstrate the type of home that is anticipated to be built on the site, The proposed home has been designed to conform to the zoning ordinance. Surrounding Land Uses Northerly: St, Peters Lutheran Church Easterly: Single-family homes, Southerly; Single-family homes. Westerly: Vacant lot/Single-farvily home/Church parking lot. Existing Site Features The subject property is 9,902 square feet in area and is platted vacant lot. Planning Guide Plan designation: Single-family detached Zoning: R-1, Single Dwelling Unit District Building Design The proposed home is an example of what will be built on 3713 Fuller, The plans conform to the zoning ordinance requirements, Compliance Table ....... .... . y Lot Width 75 Feet '160 Feet Lot Depth 120 Feet 165.04 feet J� 00 �� C, �i:� __­ '___r"__9,902 Sa—uare—F rie� t N Primary Issues 0 Is the proposed development reasonable for this site? Yes. Staff believes the proposal is reasonable for four reasons: 1. The proposed use is permitted in the R-1, Single Dwelling Unit Zoning District. 2. The lot is appropriate in width given adjacent lot widths and lot configurations within the neighborhood, 3. The home demonstrated would maintain the character of the neighborhood and would conform to the ordinance requirements, 4 Yes. Per the Zoning Ordinance, a variance should not be granted unless it is found that the enforcement of the ordinance would cause practical difficulties in complying with the zoning ordinance and that the use is reasonable. As demonstrated below, staff believes the proposal does meet the variance standards, when applying the three conditions: Section 850,0.Subd., requires the following findings for approval of a variance: Minnesota Statues and Edina Ordinances require that the following conditionto tnust be satisfied affirmatively. The Proposed Variance will: 1) Relieve practical difficulties that prevent a reasonable u�e from complying with ordinance requirements. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without the variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable, "Practical difficulties" may include functional and aesthetic concerns. Staff believes the proposed variance is reasonable. The lot was developed with single family home previously, It has been demonstrated that a new home may be built within the current standards required by the city. 3 2) There are circtimstante s that are unique to the property, not common to every similarly zoned property, and that are not soft - created? Yes. The unique circumstance is that the property was acquired by the Church with a home on it; however it was in such disrepair that the home was removed to reduce blight in the neighborhood. The Church no longer desires to own the property with the selling not affecting the status of the Church property. The variances would allow reconstruction on the property with a new conforming single family home. 3) Will the variance alter the essential character of the neighborhood? No, The proposed ifriprove ments would not alter the essential character of the neighborhood. The improvements would replace a home that had previously occupied the lot. Staff Recommenclatior Recommend that variance approval is based on the following findings: 1) With the exception of the variance requested, the proposal would meet the required standards and ordinances for the R-1, Single Dwelling Unit District. 2) The proposal would meet the required standards for a variance, because: a, The proposed use of the property is reasonable; as it is consistent with the Comprehensive wide Plan. b. The request is reasonable given that a home had occupied the lot in the past. c. rhe lot widths of the subject properties are consistent and similar to those near it. I 3) The proposal is in harmony with the intent of the ordinance since it will allow replacement of a home that had occupied the lot in the past and was originally platted for that purpose. 4) The unique circumstances are that the property was acquired by the Church with a home subsequently torn down with no option now for redevelopment of the lot Without the benefit of a lot width variance. 4 Approval of the variance is subject to the following conditions: Subject to staff approval, the site must be developed and maintained in substantial conformance with the following plans, unless modified by the conditions below: 0 Survey date stamped: August 1, 2011 Deadline for a city decision-. September 4, 2011 9 V A R IAS 1\1CI-. A 1`44 xIL lid,)� i KI >e NUM l6i'i'i City of Edina l'laniiiirrDepartment "vuvv����cf%�+�f�cittt c�n� tiol West Fiftieth 'Strout I Edina, MN 56424 " (9 62) 826, 369 " fay, (954 826- 0369 6w0369 APPLICANT, itIllature required tura back Page) ADDRESS; ' iw ° r�.t ? �< f . ti.i t,� � . PHON P`� t...�., �.�.. _...r.m �._ PROPERTY OWNER: NAME,__L_'_ ,I i;_.._(sjUnatura required oil back pate) LEGAL DESCRIPTION OF PROPERTY (written and electronic fora'): •, �. •rc N . "You must provide ra fiatl legal desviptio,j. if rraote space is twe ded, please use a sz PtOtO S11001 - Note; The county May Ilot aroept the fusolution approving your project if the legal description does tint malch their records. This may delay your laroject. PROPERTY ADDREM -A _ PRESENT itii C) iiC+l M.. .. mm P.l i . EXPLANATION OF REQUEs'n 2 (Use rcavel'setqlde or additional pages if tiews.sary) Aid HI t 5 NAr it . EMAIL: 7 6..3KI`a'` ; OK: MAIVIE, _......... �...'it.................... PHONE: Mi 1,.* .�,,, ...v,.,.. w_._.,,� .. .__. . !Mile esot.a SWUM'S and EdI Ordinances rtariative th"it ill,, followi-fi c On,I'liti as i,ou t be satisfied �aftil°rraatly ly. mita � fttily �w,clal��i�� yr�tII° ��IMAVWPS U61110 additional she�,,ts of paper as necess,,,�vy. The Proposed vaiiance will- YES NO R llev r t;ll l ciifticultie s in a:camplyia1 � [��,� ..... With the zoning arr;ia, tic:eM and that the kis is reasonable applicable to this pj'op l,ty but not applic able to othev lar0la rty In the viclaiity Bein ]IRMa011y With tine general Ptiv"Se : and liltat t of thea zoning ordinance s L L t4 t alter the sea ti l Ch ra0tc:r Of neighborhood } } I -lie proposed variance Wiii 1. Relive practical difficulties III complying with the zoning ordinance and that the Use is reasonable. This pplication is only required dine to one difficulty that being when the church purchased the obsolete: property and removed the: !alight more than a year existed J lapsed before JMS applied for a building permit, Alternatively, ly had the building permit application occurred within 12 months of demo it would have been a traditional 'over the counter' tipplicatiO'I, , Correct extraordinary circumstances applicable to tills property but not applicable to other property in the vicinity or zoning district. -tile scope of cork contemplated is consistent with the surrounding neighborhood and virtually identical in scope to the five other new construction projects that have occurred over the last few years within this grime block, . Be in harmony with the general purposes and intent of the zoning ordinance. This project is absolutely consistent with the surrounding residential single-fani ly uses in this neighborhood. This project is consistent in both size of fared and size of struhure. 4, Not alter the essential Character of the neighborhood. -'his project is coalslstent with the neighborhood and does not in any way alter the integrity of the community, p }p, , p+y *y A pNT Y This tat lallcaticrrr = hoi.rld be lar°oce secl ira rely r1atra�e, 81'1(1 t rsrrj thre }party` G��laol'r1 the Gty sl 10 lit contact about a pplic ation. By signing this application, I certify that 811 fees, charegr:s, utility bills, taxes, sl ee ra)i assessnients and other debts or obligations due, to the; City by erre or for this property have been paid. 1 further certify that I am in �i:��on7laliartce with all ordinance re,elcrii`rznlents and conditions regarding other City approvals that have been granted to me for any 'T'atter. I harvc compalf.-Anxi all of (Ile aapplimlale filing r€ quiremerrts raand, to tho best Of illy Knowledge, the; clo€.trrra€ants 'RIA irstc ern €ti()r`j I ljnVC� : rrtan'ritted are tetra°wa nerd rat`reot. a f,. t, f r•�y .'j.., 7. i i' .a gt . ftj...T.✓fj+� if �.{j.�/} L/�.^. Irf�•. ^@�"`"F �r�r� ✓'"q`y`ff�R,,....!*j)� rf J)J 9 t"`ttalat�.�` rr�atrar°e k' i OWNER'S SI I i -.MIEN t I ii) the foe title owner of the above rlegscr�iiaect parojx€ lty, and I n9ree to this application, (If as corporation or paartnership is the fee title holder, attach a resolution autlr€arrzi,19 this opplic.atio on behalf of than board of directors or partnersh p) Ow ' t rrattrr r Nato. Both Sifirlafrrr-CIS Mkt'O re °[fir'ee/ (if the diff rserrf thane the pro t carlf) before we cera pl-ocoss the application, otherwise it Is c onsl 'e"ecHIWOrrriaiete. 9 5 Le Pal t qitfo 3713 Fuller- Street Lot 000 Block 000 t.Jnplatted Ott 028 24 t„ 60 H. of VU 4S3 Ft of N V, of SX, of N V� of NW X ref NW % Ex St. Hennepio County The West 60 feet of tiro Erase 120 feet of tho Wet st 480 feat of that part of tire North 112 of the South 112 of the North 112 of the Northwest Quarter of the Northwest Quarter of Section 20,, Township 28 North, Range 24 Wet of the Fourth Principal Meridian, lying Fast of the East line of France Avenue, Hennepin County Minn050ta, ' Torro as Property ` orcens Certificate No: 1109833 3717 Fu ter, Street Lot f3ttCipBlock 000 Unpkittod 20 028 24 E 60 R of W 391 Ft of N Ii'4 of S M of N 'l2 of NW 14 of NW Y4 Ex St Hennepin County 'The East 60 feat of the West 333 feet ofthe North half of the South half of the North half of Northwest Quarter of the Northwest Grader of SeCtion 20, "Fownship 28 Nrarlh, Range 24 West of thf, Fourth Principal Meridian, Hennepin County, Minnesota, Torrents Property Torrens Certificate No 563646 Jackie rra k r° From: archer@aol.cogi Sett; `aatUrday, August 13, 201112:42 PM T Jackie Hoo enakk r StIbject. B-11-05 1 am againe t the 16 -foot variance to each lot located at 3713 &3717 Fuller, I think they need to guild without the variance and follow the building rules that Edina has. `thank! Ardelle Barr 3712 W, 55th SL Edina, MN 55410 L,i 4 ISi'v'lap OLttpttt P lg(,' Pae i til' l littp.-//p,is.logis.org/.f.,0(31'� _ r ltv/i.tiis.)ScrvioeN, tiaio==c ti. T.�o(iC,,��xp....OVSD['AC;lioo(V... 8/25/2011 BOW1,19,1 0hawi, are ammad Denotes WsOng VOY01W -O.MCION Okoitlori of ()rqlnaqa � Thwites rron WWW"Ont CPAP 9P CWT tLb 40 v qq, vc) M4 f�� t. rA L , V -m a I U, f,6 4 1 t 4 3 ,W P W "'IN G uuc', MU 35014 Variance Exhibitfog: ims WSTOM HOME'S, LLC ............ I lauso 120.00 LEGAL DESrRiP710'k me cost 00 feet of tho Wv$t 303 foot of the North halt of (Ila SO(ith bait of the North halt of lho j&thWo$I ouarlr of the Northw4vt Ouffbir Of Seaton 70, To-spitie 39 North, RWIVO 24 00 Of file Fmirth PlIn0pot morwion. 14MIA001 clmmty, mfnpaaolo. C&tjqCo!o Na a07040 lotol Lot '000--- ............. 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