HomeMy WebLinkAboutResolution No. 2008-126 Final Development Plan with Variences 3930 49-1/2 Street West RESOLUTION NO. 2008-126
A, APPROVING A FINAL DEVELOPMENT PLAN WITH
o� e '` '`' VARIANCES FOR EBERHARDT REAL ESTATE ADVISORY SERVICES
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City of Edina
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section 1. BACKGROUND.
1.01 Eberhardt Real Estate Advisory Services are requesting a Development Plan review with a 3-
foot, rear yard setback variance from 10 feet to 7 feet for the rear parking lot for the property at
3930 49-1/2 Street West.
1.02 The specific proposal is to tear down the existing two-story 14,000 square foot office building,
and rebuild a new two-story 13,130 square foot office building.
1.03 On October 29, 2008, the Planning Commission recommended approval of the Final
Development Plan and Variance.
1.04 On December 4, 2008, the Zoning Board of Appeals approved the variance. Staff appealed the
decision in order for the City Council to take final action on the Final Development Plan and
Variance.
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Section 2. FINDINGS
2.01 With the exception of the variance, the proposal would meet the required standards and
ordinances for a Final Development Plan.
2.02 The proposal meets the required standards for a variance,because:
1) There is unique hardship to the property caused by:
a. The property elevation drop of 12 feet from the north lot line. The
encroachment would be located into a hill that separates the site from the
adjacent residential property to the north.
2) The variance would meet the intent of the ordinance since:
a. The proposed use is reasonable. It provides a reasonable on-site parking area
for a new building that would be the same size as the existing building.
b. The new parking area is a minor encroachment into the rear yard setback.
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C. The encroachment would not be visible from the residential property to the
north.
City Hall 952-927-8861
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EDINA,MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379
RESOLUTION NO. 2008-126
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Section 3. APPROVAL
NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina,approves
the Final Development Plan and variance for the proposed building at 3930 49-1/2 Street West.
Approval of the Final Development Plan is subject to the following conditions:
1) The site must be developed and maintained in conformance with the following plans,
unless modified by the conditions below:
• Site plan date stamped September 26,2008.
• Building elevations date stamped October 23, 2008.
• Grading plan date stamped September 26, 2008.
• Landscape plan date October 23,2008.
• Building materials must be consistent with the materials presented to the City
Council on December 16, 2008, and on file in the planning department.
• 2) Submit a copy of the Minnehaha Creek Watershed District Permit. The city may
require revisions to the approved plans to meet the District's requirements.
3) Per Section 850.10. Subd.3.B of the City's Zoning Ordinance, a letter of credit,
performance bond or cash deposit must be submitted in the amount equal to 150% of
the proposed landscaping prior to issuance of a certificate of occupancy for the
building.
4) The basement area shall not be remodeled into office space. The basement may be used
for storage and mechanical space only.
5) Pavers along the front, side and rear of the building must be pervious, and subject to
approval of the city engineer.
6) The on-site parking stalls must be striped.
7) Compliance with all conditions listed by the city engineer in his memo dated October
24, 2008.
8) The property owner must enter into a Skyway Agreement with the City of Edina to
connect the second story walkway to the parking ramp. Cost of the connection would
be the responsibility of the property owner of 3930 49-1/2 Street West. The Skyway
• Agreement is subject to approval of the Edina Housing and Redevelopment Authority.
RVSOLUTION NO. 2008-126
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Adopted by the city council of the City of Edina,Minnesota, on De ember 16,2008.
ATTEST:
Debra A. Mangen,Ci Cled 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 December 16,2008, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of 2008.
City Clerk
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