HomeMy WebLinkAbout2015-06-24 Planning Commission PacketsAGENDA
REGULAR MEETING OF THE PLANNING COMMISSION
CITY OF EDINA, MINNESOTA
CITY COUNCIL CHAMBERS
JUNE 24, 2015
7:00 PM
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1
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MEETING AGENDA
IV. APPROVAL OF CONSENT AGENDA
Minutes of the Planning Commission Meeting June 10, 2015
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 some 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. STAFF BRIEFING
A. Cindy Larson, Residential Redevelopment Coordinator
VII. PUBLIC HEARINGS r
A. Variance. Chris & Kimberly Lawrence. 4545 Meadow Road, Edina, MN
VIII. CORRESPONDENCE AND PETITIONS
A. Attendance and Council Report
IX. CHAIR AND COMMISSION COMMENTS
X. STAFF COMMENT
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 952-917-8861 72 hours in advance of the meeting. Next
Meeting of the Edina Planning Commission July 8, 2015
Originator
Meeting Date
Agenda #
Kris Aaker
June 24, 2014
B-15-11
Assistant City Planner
Recommended Action: Approve a 4.1 foot side yard setback variance to the
required 10 foot side yard setback to allow for the construction of a bedroom
addition above the existing attached garage at 4545 Meadow Road.
Project Description: Chris and Kimberly Lawrence (the applicants) are
requesting a 4.1 foot side yard setback variance to remodel their home and
construct an addition above the attached garage to be located 5.9 feet from the
north interior side property line.
INFORMATION/BACKGROUND
The subject property is approximately 96 feet in width and is 12,258 square feet
in area. There is an existing one story single-family home with an attached two
car garage on the property. The applicant is requesting to remodel and add onto
a portion of the existing home. The proposal is to add a bedroom on the north
side of their existing home above their garage.
There are existing single-family homes abutting the north lot line and on the
south lot, both facing Meadow Road. The home located on 4541 Meadow Road
directly to the north has living space on the south side of the home, with the
existing spacing between the applicant's garage and home to the north at 10.3
feet. The home to the north is located 6.4 feet from the lot line shared by the
applicant. Spacing between the new addition and the home to the north will be
11.3 feet, one foot farther from the side yard than the existing garage.
Section 36 of the zoning code, requires a minimum setback of 10 feet for
sidewall additions to the home.
SUPPORTING INFORMATION
Surrounding Land Uses
This property is located on the end of Meadow Road and is surrounded by
single-family residential homes. There is a mix of home types nearby with a
variety of housing styles.
Existing Site Features
The subject lot is 12,258 square feet in area and 96 feet in width.
Planning
Guide Plan designation:
Zoning:
Building Design
Single -Family District
R-1, Single Dwelling Unit District
The proposal is to remodel the existing home and add a bedroom above the
garage. The two car garage is 22.6 feet in width with the new addition above to
be 21.6 feet in width, (1 foot farther from the north lot line than the garage below),
and necessitates a variance to be located 5.9 feet from the adjacent north
property line.
Compliance Table
* Variance Required
Primary Issues
Is the proposed development reasonable for this site?
Given the existence of the nonconforming garage at 4.9 feet to the side lot
line, the addition of a bedroom above at a greater side yard setback is
reasonable. The garage is a tuck -under with the living space expansion
proposed above on the main floor.
2
City Standard
Proposed
Front -
Average of adjacent: 21.3 feet
31.5 feet
Side-
10 feet
5.9 feet*
Rear-
25 feet
41 feet
Building Height
2 1/2 stories, 30 Ft
1stories, 25 feet from
Lot Area
existing grade
Lot Width
9,000 Sq. Ft or age of nbad
12,258 square feet
75 feet or avg of nbad
96 feet
Lot coverage
25%
21%
* Variance Required
Primary Issues
Is the proposed development reasonable for this site?
Given the existence of the nonconforming garage at 4.9 feet to the side lot
line, the addition of a bedroom above at a greater side yard setback is
reasonable. The garage is a tuck -under with the living space expansion
proposed above on the main floor.
2
• Is the proposed variance justified?
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:
Minnesota Statues and Section 36-98 of the Edina Zoning Ordinance require that
the following conditions must be satisfied affirmatively. The proposed variance
will:
9) Relieve practical difficulties that prevent a reasonable use from
complying with ordinance requirements.
The practical difficulty is that the home was built prior to the current setback
requirements with both sides of the home nonconforming regarding the
minimum 10 foot side yard setback. The lot is pie shaped as is the
neighbors, so structures move farther from one another as they go back in
their respective properties.
2) There are circumstances that are unique to the property, not
common to every similarly zoned property, and that are not self-
created?
The garage is at the basement level of the house with the main floor at a
level above the garage. The addition makes sense given the existing floor
plan and location of the garage below.
3) Will the variance alter the essential character of the neighborhood?
Granting this will not alter the character of the neighborhood. The
applicants are hoping to maximize the existing footprint pf the home by
building over the garage instead of adding more building coverage or
adding a full 2nd floor above the main floor. The addition will be a seamless
addition and will look as if were part of the original plan for the home.
Staff Recommendation
Recommend that the Planning Commission approve the variance.
Approval is based on the following findings:
1. The property with an addition of a bedroom above the garage, and
the request to deviate from the side yard is a reasonable use of the
property.
2. The home is appropriate in size and scale with the addition of a
bedroom above the garage,
3. There is a practical difficulty in meeting the ordinance requirements
due to the existing floor plan and desire to maintain the one-story
character of the home.
4. There are circumstances unique to the property that necessitates a
variance to make reasonable use of the property. The garage is
currently nonconforming with the proposed addition above will be
farther from the side yard than the garage and more conforming to
setback.
Subject to staff approval, the site must be developed and maintained in
substantial conformance with the following plans, unless modified by the
conditions below:
• Architectural site plans date stamped: 6/8/2015
Building plans/ elevations date stamped: 6/8/2015
Deadline for a City Decision: August 7, 2015.
4
VARIANCE APPLICATION
jot
CASE NUMBER DA`M&
FEE PAID Lr
City of Edina Planning Department * www.citvofedina.com
4801 West Fiftieth Street * Edina, MN 55424 * (952) 826-0369
fax (952) 826.0389
FEE: RES - $450.00
APPLICANT:
NON -RES - $700.00
NAME; Christopher Lawrence (Signature required on back page)
ADDRESS: 4545 Meadow Rd, Edina 55424 P"ONE:612-860-0190
EMAIL: cm1aw30 mail.com
PROPERTY OWNER:
NAME: Christopher Lawrence (Signature required on back page)
ADDRESS:4545 Meadow Rd, Edina 55424 PHONE: 612-860-0190
LEGAL DESCRIPTION OF PROPERTY (written and electronic form):
Lot 3, White Oaks 7th Addition
**You must provide a full legal description. If more space is needed, please use a separate sheet.
Note: The County may not accept the resolution approving your project if the legal description does not match their
records. This may delay your project.
PROPERTY
4545 Meadow Rd, Edina 55424
PRESENT ZONING: P.I.D.#
EXPLANATION OF REQUEST:
Please see full answer on ANSWERS document
(Use reverse side or additional pages if necessary)
ARCHITECT: NAME:
EMAIL:
PHONE:
SURVEYOR: NAME: Woodrow Brown PHONE: 952-854-4268
EMAIL• wblandsurvey@aol.com
Minnesota Statues and Edina Ordinances require that the following conditions
must be satisfied affirmatively. Please fully explain your answers using
additional sheets of paper as necessary.
The Proposed Variance will:
YES � NO
Relieve practical difficulties in complying(
with the zoning ordinance and that the use 1�
Is reasonable
Correct extraordinary circumstances
applicable to this property but not
applicable to other property In the vicinity
or zoning district
Be in harmony with the general purposes
and intent of the zoning ordinance
Not alter the essential Character of a
neighborhood
F� ■
19
Detailed Application Requirements: Unless waived by the Planning Department, you must
complete all of the following items with this application. An incomplete application will not be
accepted.
Completed and signed application form.
j Application fee (not refundable). Make check payable to "City of Edina."
i" One (1) Copy of drawings to scale.
Seventeen (17) 11x17 copies of drawings, including elevations and survey, photographs
and other information to explain and support the application. Copies must be collated.
X� A current survey is required. Please refer to "Exhibit A."
Grading, drainage, erosion control and stormwater management plan. Grading plan
must include existing and proposed two -foot contours, and location and size of pipes
and water storage areas. The grading and erosion control plan along with a stormwater
management plan must be signed by a licensed professional engineer. The stormwater
management plan must detail how stormwater will be controlled to prevent damage to
adjacent property and adverse impacts to the public stormwater drainage system.
Variance requests require scale drawings to explain and document the proposal. The
drawings are not required to be prepared by a professional, but must be neat, accurate
and drawn to an acceptable scale. The drawings may vary with the proposal, but should
include a site plan, floor plans and elevations of the sides of the building which are
affected by the variance.
Elevation drawings of all new buildings or additions and enlargements to existing
buildings including a description of existing and proposed exterior building materials. For
single-family home projects, elevations drawings must include a rendering of the
proposed home AND the existing homes on either side as seen from the street.
VARIANCE GUIDELINES AND APPLICATION INFORMATION
The City of Edina Planning Department encourages healthy development within the city of
Edina. Although this document is meant to serve as a guide for the application process for
development through the Planning Department it is by no means comprehensive. The Planning
Staff recommend that you schedule a meeting to answer any questions or to discuss issues that
may accompany your project. It is much easier to tackle problems early on in the process. The
office number for the Planning Staff is (952) 826-0465.
Variance information
The Edina Planning Commission has been established to consider exceptions (variances) from
the Land Use, Platting and Zoning Ordinance (Chapter 36), the Antenna Ordinance (Chapter
34), the Sign Ordinance (Chapter 36) and the Parking and Storage of Vehicles and Equipment
Ordinance (Chapter 26).
The variance procedure is a "safety valve" to handle the unusual circumstances that could not
be anticipated by these ordinances. The Commission is charged to only grant a petition for a
variance if it finds:
1. That strict enforcement of the ordinance would cause practical difficulties because of
circumstances unique to the petitioner's property
2. That the granting of the variance is in keeping with the spirit and intent of the ordinance.
3. Would not alter the essential character of the neighborhood.
"Practical Difficulties" means that:
1. The property in question cannot put to a reasonable use as allowed by the ordinance
2. The plight of the petitioner is due to circumstances unique to his/her property which were
not created by the petitioner
3. The variance, if granted, will not alter the essential character of the property or its
surroundings.
**Economic considerations alone shall not constitute an undue hardship if reasonable
use for the petitioner's property exists under the terms of the ordinance.
Application: Applications are submitted to the Planning Department. Offices are open Monday
through Friday, 8 AM to 4:30 PM.
Deadlines for Applications: Applications need to be submitted at least thirty days before the
meeting. This allows the City of Edina time to notify surrounding property owners of the date of
the hearing and details of the variance. It is helpful to submit the application as soon as possible
to secure an early hearing position.
Notice of Public Hearing: Notice is mailed to all property owners (of record at City Hall) that
are located within 200 feet of the site. Notice is mailed ten (10) days prior to the hearing. You
are encouraged to contact adjacent or close owners and advise them of your proposal prior to
the notice of the hearing. You may wish to provide statements of "no objection to the variance"
from the nearby property owners.
Meetings and Public Hearings: Meetings of the Planning Commission are scheduled on the
second and fourth Wednesday of each month. The meetings are held at 7:00 pm in the Edina
City Hall Council Chambers, 4801 West 50"' Street. Each meeting is limited to five variance
cases on a first come, first serve basis. Additional requests are delayed until subsequent
meetings. Meetings are formal public hearings with a staff report, comments from the proponent
and comments from the audience. It is important the owner or a representative attend the
meeting to answer questions.
Staff Report: After review of the drawings submitted and a visit to the site staff prepares a
report. This report, along with any supporting drawings and materials, are sent to the Zoning
Board in advance of the meetings. Board members may visit the site before the meeting. All
plans, emails and written information are public information, and may be used in the staff report
and distributed to the public.
Board Membership: The Planning Commission serves as the Zoning Board. Five members
are required for a quorum.
Decisions by the Planning Commission: The Planning Commission may approve, deny or
amend the variance request and establish conditions to ensure compliance or protect
surrounding property owners. The Planning Commission generally makes a decision at the
scheduled hearing. Occasionally, however, a continuance to another meeting may be
necessary.
Appeals: Decisions of the Planning Commissionare final unless appealed to the City Council in writing
within 10 days. The proponents, any owner receiving notice of the hearing or the staff may appeal
decisions. Appeals are rare and they can be time consuming because a new hearing is required before
the full City Council. Appeals must be filed with the City Clerk.
Legal Fee: It is the policy of the City to charge applicants for the actual cost billed by our attorneys for all
legal work associated with the application. An itemized bill will be provided which is due and payable
within thirty (k) days.
** Filing an Approved Variance: The applicant is required to file an approved variance resolution with
the County. Documents necessary for filing will be provided by the Planning Department.
APPLICANT'S STATEMENT
This application should be processed in my name, and I am the party whom the City should
contact about this application. By signing this application, I certify that all fees, charges, utility
bills, taxes, special assessments and other debts or obligations due to the City by me or for this
property have been paid. I further certify that I am in compliance with all ordinance requirements
and conditions regarding other City approvals that have been granted to me for any matter.
I have completed all of the applicable filing requirements and, to the best of my knowledge, the
documents anN infomation I have submitted are true and correct.
Wa
OWNER'S STATEMENT
I am the fee title owner of the above described property, and I agree to this application.
(If a corporation or partnership is the fee title holder, attach a resolution authorizing this
application on joehc3fjof the board of directors or partnership.)
Owner's
Date
G -S—/5
Date
Note. Both signatures are required (if the owner is different than the applicant) before we
can process the application, otherwise it is considered incomplete.
Answer Document
June 10, 2015
Chris and Kimberly Lawrence
4545 Meadow Rd, Edina, MN 55424
612-860-0190
Explanation of Request
Reason: Build above our garage and maximize the footprint for living
quarters.
Details:
• Side Yard
o Back corner; THE CLOSEST POINT to property line
■ 1' floor: 4'8" from property line
■ 2nd story: 5'8" from property line
■ Requires 5'8" of 10' of the variance
o Front corner:
■ TO floor: 4'9" from property line
■ 2nd story: 5'9" from property line
■ Requires 5'9" of 10' of the variance
• Survey shows the garage face is 21'6" wide
• 2nd story addition will be 20'6" wide
• For the roof line between the 1s` and 2nd story, there will be a 12"
overhang past the garage
Answer Document
June 10, 2015
M
Relieve practical difficulties in complying with the zoning ordinance and
that the use is reasonable
Yes. The side of our house where the garage resides and we are remodeling
is 4'8" to the property line. We want to maximize our houses footprint by
building over the garage. We are fortunate that our house resides on a pie
shaped property. As does our neighbors. This means the neighboring house
and our house move away from one another as the property goes deeper
into the property.
Correct extraordinary circumstances applicable to this property but not
applicable to other property in the vicinity or zoning district
Yes. The remodel of our house will simply leverage the existing foundation
of our garage where we will build living quarters. Our property is pie
shaped so the neighboring house on the side of the remodel will not be
encroached on because our houses move away from one another as they
go back in their respective properties.
Be in harmony with the general purposes and intent of the zoning
ordinance
Yes. We are in harmony with the intent of the zoning ordinance. We are
looking to maximize the footprint of our house by building over the garage.
With the pie shape property our house is on, just like our neighbors that
resides next to the new addition, we avoid the towering affect of two
homes next two each other.
Not after the essential Character of a neighborhood
Yes. Preservation of our precious cul -da -sac is paramount as we want to
maximize our houses footprint. This will be done by building the addition
with flowing lines from the existing part of the house but also not create a
stacked big block feel with the house next to us because each of us have pie
shaped lots where the houses move father apart from each other as they
go deeper into the respective properties.
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Residential Redevelopment
2015 Update
www.EdinaMN.gov
Background Data
Demolition permits applied for:
1/1/15 -
6/15/15
1/1/14 -
6/15/14
1/1/13-6/15/13
41 permits
49 permits
58 permits
Current open new residential construction permits
(June 2014 -June 2015): 114
www.tainaMN.gov
New Residential Construction (as of May 2015)
�1
www.EdinaMN.gov
Common Inquiry Topics
• Misc. general questions about upcoming projects
• Parking congestion
• Drainage questions
• Construction hour questions/complaints
• Property damage/encroachment claims
• Tree removal concerns
www.EdinaMN.gov
Recent Changes
/-k
OI
Creation of demolition application checklist with new
policies:
• Dust control
guidelines
• Hazardous materials
abatement
verification
• City and small utility
disconnect
verification
www.EdinaMN.gov
Recent Changes
"Toolkit for
Neighbors" website
presence created
with
redevelopment
information for
citizens
A,
o. e
0
AA
•
CQRPMO
1888
0 The CITY of
Ij
INA
FORR]MIDUM PORBUME
Overview
2014-15 Work Plan
All Staff Directory
Administration 0
communications I,
&Technology
Selvices
City Government News & Publications Parks & Places , Blogs Resou
Toolldt for Neighbors
Below is a listing of frequently asked questions by neighbors who live next to
residential redevelopment now construction sites.
Development Review
Plans for all new construction permits are reviewed by the City before a building permit is
issued..
read more
Before Corusilruebon Begins
There are a number of steps you can take to gain familianty, with the construction activities
near your home, and to protect yourself in the case of any property damage.
Is the Work Permitted?
Permit information can be obtained here. Once you enter the address and get a result, click
on the permit number to review the permit details.
read more
www.EdinaMN.gov
o Le
@1 R
Upcoming Changes
• Enforcement of Tree Preservation Ordinance
• Effective July 1, 2015
• Permit approval process will include review of tree plan & site
inspection by City Forester
www.EdinaMN.gov
Next Steps
Explore possible site perimeter fencing options
Chain link fence option similar to Chicago suburbs
www.EdinaMN.gov
Next Steps
• Incorporate additional information into Toolkit
such as:
• Explanation for types of issues that are enforceable by Edina
City Code
• Descriptions for situations that property owners adjacent to
a redevelopment site might encounter
• Contact information for appropriate parties should citizens
have a dispute with a MN Licensed contractor
Questions?
www.EdinaMN.gov