HomeMy WebLinkAboutResolution No. 2016-047 Rezoning 3923 49th Street e
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RESOLUTION NO. 2016-47
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,Auditors Subd. No. 172, Hennepin County,Minnesota,except the South 177.5 feet
thereof.
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 an variances. Vote: 8 Ayes and 1 Nay.
1.05 On July 7,2015, the City Council held a public hearing and considered the request.
1.06 On July 15,2015,the City Council adopted Resolution No. 2015-68,which approved the
Rezoning and Variances.
1.07 A condition of approval was that per state building code,any new duplex constructed on the
site would be required to be installed with a fire sprinkler system.
1.08 The state building code has since been revised to eliminate the requirement to install fire
sprinkler systems;therefore,the property owner is requesting the original condition of
installation of a fire sprinkler system to be eliminated.
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.
CITY OF EDINA
4801 West 50th Street•Edina,Minnesota 55424
www.EdinaMN.gov.952-927-8861 •Fax 952-826-0390
RESOLUTION NO. 2016-47
Page 2
2.02 The rezoning criteria per Section 36-216 of the City Code is found to be met.
2.03 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.
2.04 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.
RESOLUTION NO. 2016-47
Page 3
Adopted by the city council of the City of Edina,Minnesota,on May 3rd,2016.
ATTEST:
Debra A. Mangen,CAy Qak James B. Hovland, Mayor
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, 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 May 3, 2016, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of ,2016.
City Clerk