HomeMy WebLinkAbout19310528_REGULARUinutes of the regular meeting of the Council of-the Village of Edina, held in,Gran@e Hall on Xay 28, 1931 at 8 E&.
The me.eting was called to order by President NcGuire and %he roll on being called found alX members of the Council 3reseilt' except True tee Presc o t t
'A letter was read from Nr McGill, Vice President of Xinneapolis E:
St Paul Suburban Railroad Cornpaw, daked May 19, 1931, with reference
to complssints on the loud and ratker indiscriminate tvhistling by ' the
xlvise& that the Sta%e Law demands bloving of whistles aL street
crossings and that he knew of no solution except to put in overhead bridges at the grade crossingse and others present it was agreed that a petition be gotten up for to be subraitted to Railroad and Warehouse Commission, which would
afford relief from this nuisance.
Railroad Company at the Yooddale and Brovmdale crossings. Xr 1~1~G13.X
After discussion by the Council
PersuanL to advertisement in Hennepin County Review on Eay 14 19 31, and Cou.nci1 action on Nay 11, 1931, bids were opened for one police CaJr 'Bids were received from Edina Garage, Dahlberg Bros. and
Bert Baston Company, all of whom accompanied their bids with a cer- tified check. After c onsidersble discussion and the tabulation
of bids it was thought best to accept the bid of the Edina Garage
for one 2 door PXymnou-th automobile, fu-lly equipped and with spare
tire and bumpers, on which a price of $665eQ0 was quoted with allow- ance for present 1929 Ford Coach of $315*00, making net balance of
$350.000 The Ydina Garage further agreed to install present heater
and cow1 lights in the nevi car without any additional cost. It was
therefore moved Eeimnn that the bid;of tfie mina Garwde, be accepted
8,s set for'c'xz, motion seconded by Yillson and. carried unanimously.
_. Arden Avenue and 'West 50th Street, and by Fred Sailson at corner of Halifax Avenue and West 50th Street, viere on motion Reimann, be granted Q:ecokaed3.ZL&on and carrM?L
After examination of Time book it was moved Villson, that advances
in amounts less that due be made Road crew and Xarshalls, seconded Reirnznn and carried,
Surety Compaqy bonds in behalf of WeJ.Oxboro and Ed Port, as special policemen, were 'offered and which on motion Reiinann, be accepted,
seconded Xoore and carried.
Xr George Vessey appeared before the Cou.mil. with reference to the
pollution of Nine Mile Creek in Edina, on account of sewerage being
emptied into it by the Village of Eopkins. Xr Vessejr presented'a .letter from Druar & T&iLinotTSki, Consulting bhgineers, St Paul, who I advised the disposal. plant at Hopkins W~~S overloaded at the present time . After discussion by the Council it was descied *bo request
Dr Campbell, Village Health Officer for further report to Council.
The matter of liability on the part of a municipality tlirough the granting a license %o sell. fire works was discussed and. it was de- cided to ask Village Attorney'for written opinion in the case of the Village of &dina*
Application for building permit hy IoV.C:ummings, to erect a private dwelling on 2 acre plot at 58$h Street and Drew Avenue, size 22' x
32' one story and to cost about $2500. with a set back of 30 feet
was oriJ motion '!?illson, be granted, seconded Eeiunann and carried,
pplication in fom for building permit Qy A.W.Johnson, 4543 Grand
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J" Avenue South, to 'build 10' x 24' tool house , costing $165.00, was on
, motion Yillson 'be granted, second-ed Reimann and carriede
Application in form for building permit by We Syrup, to build a barn on &st 23+ acres of Lot 2 Section 9, 175 feet back from street and /costing $800.00 vas on motion Villson, be granted, seconded Reixann
and' carried,
Application ii1 Porn for building permit by '17. Syrup, for building gersnit to build a chicken house cqsting $500.00 on &st 2S$ acres
of Lot 2 Section 9, vas on motion Villson, be granted, seconded
Reimnn and carriedo
Application in form by P.S.Hansen for building permit to build a barn 32' x 42' costing $900.00 on 23.86 acre tract Lofk 3. Section 9, and under the express conditions that if said pernit is granted
applicant agrees to keep premises 'between said barn and Vest 7Otho
Street, free from sheds, yard fences and manure, ';;as on Dotion
Tillson be granted, seconded Heimann, and carried.
Application in form for buildinf: permit by B.A.Goetze, to build a private residence at 4610 Drexel Avenue, cos'Ci~~~15,000, vas on mot ion Reimnn, be granted, seconded Villson and carried.
Apslication in Tom for .building permit by Louis Hansen, to build
a private residence at 4511 Roorland Avenue, costi-ng $20,000 was
on motion Reimann, be granted, seconded I'lillson and carried.
Application in form for building permit by Peter Hedbloom, to build
a private residxnce at 4525 Arden Avenue, costing $11,000. TE,S on
motion Eeirmnn, be granted, seconded Villson and carried,
Application in forxi for building permit by Anton Duoos ,-to build- a yrivate residence at 4517 Drexel Avenue, vas rm motion Keirmnn,
be granted, seconded ?'!illson and carried.
The matter of Euilding and Zoning Ordinmces vihich by agreement of
the Council at last meetin?, to be disposed of at this meeting, next cane before the C0unclI.e After discussion regardilw z
?Jildins Ordinance, it vas agreed that an ordinance requiTing a permit only be enacted at this time and vhich would Porn c?,-n..3cXqp
for a more qorngTehenaive ordinance later.
heiDann offered the follot7ing resolution to be knovm a-s the Euild-
5ng Ordinance for the Village of ddinag Seconded 3Joore and carried
At this poil'lt Trustee
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AN ORDIIGANCE REGULATING TEE BUILDINGj CONSTRUCTION, ERECTION, ES-
T AEL I SFTl iENT j AL T ERATI ON j EliJLARGEXEHT j MOVI NG > DESiOL IT ION OF AIJY
SUILDIBG, STRUCTURE, IPPBaOTETIENT; FOR 'THE PURPOSE OF PROEOTING TKE
REALTHj SAFETY j ORDER CONVENIENCE, PROSPERIETY AND GEJ3CJERAL VELFARE
IN THE VILLAGE OF EDINA.
TRE VILLAGg COUNCIL OF EDINA DO ORDAIN AS FOLLOW:
No person, firm or ccqoration shall erect, establish, alter, en-
Isrge, movc, derrrolish any building, structurs, or premises Tiithout first securinz a permit to da so fzom the Village Council 03 said village. Application for permit shall be made qon form prescribsd
by the Village Council and upon approval snl accsptance of said ap- plication by the Council, the Village Recoraer shaJ.1 issue a permit
shall state specifically the nature of the buildig, structure, ia- 72.rovenent or premises to he erected, established, altereS, enlarFed, moved or demolished and the uses or occupancy thereof together 31th
the estimsted coat of said iniprovement and its location in the VU- lage of Edina.
one dollar ($1.00) and shall be psii3. at the time of application.
All fees collected under the term3 of this qrdinance shall be paid into the General Fund of said village.
Any per3011, f irm or corporst ion violating any of the provia ions of
this Ordinmce shall be gui&ty of a misdemeanor and ahall qon con- vfotion thereof be punished by a fine or" not ![:ore than one ?undreL
dollars (@oo.OO)
The fee for ea& saia permit shall be the sur11 of
Pasee3 the Council this 25 day 02 Elay, 1931.
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Tlie proposed Zoning Ordi-mnce for the Village of MiiIP,, next came
before the Council for consideration and passage. details vere reviewed by the Council in.its consideratidn of the pro-ooeed ordinanc eo
The following
The petition signed by approximately 125 residents of adina,, and presented to the Council on April 13, 1931, suggesting that the pro- posed Civic Center, to be located. at 1'Jo.oddale Avenue, Xinneha32a Creek and Vest 50th Street, be zoned for Religious, Educational and Civic purposes only and .protesting any such private enterprises as drug stores, confectionary counters- etc, being permitted to locate acrose the street from the Public School. and that the signers believed if when occasion might arrise for corierical enterprises at. this location
'chat it would be better to make provisions for them then than to change commesfcal to non-commercial territory after erection of
bu.ildingso The petition presented on Kay 11, 1931, having 57 signers adild praying the sme :cequssts, tvz& also rea6 and placed before
the Council.
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A letter dated 12~~ 23, 1931, by I& George
the Zoning Commission WRS read as r"ollo~7~s- Strons, as Chairillan of
"At the request of mr Hay, I am enclosing to you. hEre*,7fith a petition signed %y eight members of the Zoning Eonmission of Edina, sug- gesting to the Village Council that the lsst paragraph of Section
6 of t.he paposed ordinance as submitted t.0 your Council, be amend-
ed and. cllz.iIged to read as in the enclosed petition set fortho T.bis
pro~osnl. makes a material change, You.tvill note I have not sign- ed this recommendation as Chai-man, 1 ayn not in sympathy with the groposed chansen at this theeff
- @YOU will find 'qy refwing to ri letter of Karch 2lst refering this popoeed ordinance to the Villzge Council that the action of fhe
Commisnfon was almost unanimous with reference to the Cicic CenterD In rny j?xdgement the question of a, change of the regulations 8s to
the civic center in the proposed ordinance might h6"GteF be left to
a, fi~*ti-rce d.at,e when B specific d-efinate proposal for the impove-
men% of =ai& civic center is presented to the Cou.ncil, At such time it nay readily b3 seen th&t the 80 feet provid-ed iii the pro-
posed ord.irimce is more than is necessmy, but until the State and County shall have d.efinately determined. what they are going 'Go do
wffh 50th Street, i'c does not seen to me that this ordinance can
properly desinate 3, lees distance tlazn 80 feet, especially if it should develop that no entrznce to the civic csnteer could- be made
from Test 50th Street. In that event, entrance must be fyom Vood-
dale 14ven~1e and sufficient space prorrided. pherein cars may turn
arlounA in the civic centero 1'
"It is xqy Peeling that this matter may well be left to the judge- ment of the Village Council when a definate program for the improve men% of the civic center is presented. It would be strarge indeed
if a zoning commission could prepare and present to your Council
an ordinance that could in advance anticipate the exigencies of Suture development of a growing village so that no further c'l.larges
- would be necessary, It is inevitable that future changes must be
mde, all of which must be left to the best judgement of the *hen
vill-cge council directed ai they should be by the wishes of the c i t i zens"
!?he Recorder read from the minu-tees of the meeting of %be Zonins Com-
riission held. on EIarcfi 13, 1~31, as fgil~~~
\' At this poL1-t GFai-rrnx-i Strang amouncad he had nothin3 before him unless it ,":as the pleasure of the Golnmis3ion to reconsider a motion carried at the last meeting ivith reference to colnmercidl zoning of
the three remaining corners at Wooddale Avanue Etnd West 50th Street,
4;f1ieraupon it 37a8 moved Kay that t%e Cumission recomi3er a motion
. carried at the meetin, of February 27, 1931, relative t3 the comi msrcial zoning re2omxfndation for t3e three corners at Paoodcble Ave- nue and West 50th Street, the motion ivae seceded by Kinsaley, the roll wm called and the 9olloi;Jing members voted to reconsider, Fletober,
Carletrom, Vessey, Rasrnuasen, . B~wjger, Willson, Jones, Kingsley, Del-
sney and Hay. Thoae opposed MacNeil and Chance. Chairman Strong an-
nounced the motion carried 10 to 2 and so ordered. At this Point Hay
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offered the following motion and moved it,B adoption:"That a Ciyic
Center be establishes 3eing aJ.1 %hat part of the HEF of the SRj of Section 18 lyir?,g South of Feet 50th Street, West of gooddale Avenue
End North and East of Minnehaha Creek 8s it non runs, in the Civic Center, no buildirigs or prenlises shzll be used and no builhinp c. '
shall be erected or altered except for the !-'allowing uses, and then only after plans arid specif icationa for auzh buildings, iz.provements or 2ren;ises zn6 use bave beee appraved.. b;Y. the Viliage Council at a public meet ins.
Tam H%l1 Theatre Church Lodge Hall Sch col Telephone Exchange
Library Telegralph Office Cor~sunity Garage Stage Terminal
Drug Store Laundry ~nci Dry Rardmare St ore Cleaning Agency
St at ionery IJillinery
Cab Off ice Notions Confect ionary
Bank .
Barber Shop Beauty Parlor
Rest suz en t
Cow€o rt Stat ion Ne2t s Grocery Store had buildings
with flats above.
02 other enterprises or business which in the opinion of the Village Council are no more obnoxious or detrimental to the melfare of the comunity than the enterprises or bushesses enumerated in this sub- amtion, provided that no building sh.13. Be neiirer %he South 3ide
1be of Test 50th Street than ei;.hty (80) feet, and twenty (20) feet from the Best side line of Wooddale Avenue, snd proviGe3 further,
that all Suilliin,-s fa;ing Rest 50th Stme$, shall be placed on EL neb? street t-o ke created lyiag south or' and approxiir.ately parallel to the above il'amed thorou2hfsre" motion was seconded by Brugger.
After diexasion by ?IzcNeil, Gieshe; Kiqsly, Fletcher, and others and'the question being callea, the Chairmn oraered the roll called and the r"ollovi-?.1g voted in favor of the motion--Kingsley, Delmy,
Johnes, Brugger, Vessey, Rasn;ussen, Carlstrom an& Hay, total, (6).
I Those opposed 3,cI?eil, Fletcher, Chance and Rillson,, toa:;l four (4),
.:hereuFon it vzr3 announced by the Chsirrnsn the motion ma carried an% so ordered.
At this point Cfiairman Strong announced his belief %hat the proposed Zoning Ordinance %a3 novt ready for submission to the Village Council
aad it was moved Hay IfTlnat the Zoning Ordiance as prepared be 3u5-
mitted to Village Cou11sil as its mcomrnendation for Zoning Ordinance for the Vill.age of Edinafl, motion seconded by Csrlstrom and carried unanimous 1 y .
It vas moved by Hay "That Nr, George H, Hersold, Village ZOnSng E* gineer, be given a vate of thanks for. his very able guidance and assis- C,sLnce to the Zoning Conmhsion in cazrying out their i.rorkn, motion
seconded by Fletcher and unanimously carried.
It was.rnoved by Jones "That Chairman George W. Strong, be given a
vote of thanks by the membexs of the Zoning Commission, for the great
amount of time a-nd effort put forth by Mr. Strong in performing 80 outstading a GAYILc duty as Chairman of the Zoning at all timesn, motion seconded Hay and csrried unanimously. 41
A fetter $at& Xay 23, 1931 ;vas read from Trustee Prescott aS follows:
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D. F. Lfc Guire Pres ident Edina Village Council
Dear Sir: .-
I ail1 not be able to attend Council Heeting Nay 255h as I hnvz been called to Illason City on Company businese and
sm leaving Sunday night.
A% our 1~3t meting it i7aa decided to make the adopting of the zoning ordinance a special order of business at the meeting May 25th. Sorry I can't be present to vote
but woul;3. like to go on record as being in favor of and
would v@%e for the adoption of the zoniag ordinance as it coriieij from the zoning cornnittee.
Over and think it should be adwted ~ithout further delay
90 the Village si11 have the benefit of ita rSpktiOn8.
I have read the ordinance .
Yours truly, (Signed) C. F. Prescott Trustee
Whereupon ths prq~osal zoning ordinance o€ the billage .of Edina
i~as read as follo'jvs:
THE ZONING ORDII?AWCE OF EDINA
An ordinance regulating the location, size, use and height
Of buildings, the arrangement of buildings on lots and the density of population in the Village of Edina, and for the purpose of promoting the health, safety, order, convenience, prosperity and general welfare in the said Village, and for
said purpose to divide the Village into districts.
The Council of the Village of Edina does ordain as follows:
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SECTION 1.
The short form title by which this ordinance may be referred to ahall be "The Zoning Ordinance of Edina.'#
For the purpose of this ordinance the Village of Edins is divided into the following districts. and lands, the '?eight of buildiqy and the arez of premises
for buildings are uniform in each district.
The uses of structures
1. Open Development District.
2. Community Store District.
3. Commercial District .
4. Civic Center
These distqicts and their boundaries are hereby established.
No building or premises shall be erected or used for any pur- pose that does not comply with the use, heiglit and area regula-
tion of the diatrict in kvhich such buildins or premises is loca-
t od.
SECTION 3.
OPEN DEVELOPMENT DISTRICT
For the purpose of the ordinance and for no other purpose, all
of the insorporated territory of the Village of Edina within the County of Hennepin be and the same is hereby established as and
I placed in the Open Development District, excepting therefrora subh
port ions of such territory hereinafter specifically placed in and established as some other district.
Any building, structare, improvement or premiaea may be erected,
established, altereci, enlarged, used occupied or mzintained in the Open Development District under the provisions Qf this or- dinance for the following purpose8, if and &en a building per- mit shall have been issued by the Village Recorder and, it shall be unlawful for any person> firm or corporation to erect, 6s-
tablish, alter, enlarge, use, occupy or maintain any building, structure, improvement or premises without first having obtsined such permit.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11 s
12.
Country Estates and Dnellings.
Country Clubs and club grounds excepting those carried on a8 a business such as miniature golf, or a public
bcwling alley.
Golf Courses.
Po10 Fields.
Grounds for colleges and seminaries.
Fraternity Housea .
Farming, truck gardening and orchards
Private and public forests. Horticultural nurseries and greenhauses .
Conservatories for plants and flotuera. Public libraries, schools, churches, parish 'house.
Parks, pub1 ic recreation buildings, playgrounds and museuma .
13 .
14.
15.
16.
17.
18 .
Private gr eenhQuoe9. TEansgortat ion rights-of-bTay.
Inconspicuous seal estate rents1 or for sale signs of not more than 4 square feet in area. Office or studio of a profesaional mn accessory to
his dwelling customary home occupations--boardin5
and rental of room$ to not more than three people. &me plates not exceeding 1 sq. ft. shall be per- mitted, and such nane plates shall contain only the name and occupation of an occupant of the premises.
Accisssory building3 including a private garsge or
private stable when located not less than fifty feet from the front 10% line and not less than five feet
from any side atzeet line, unless designed and con- structed as a part of flke =in building and one bui- lding to be used as a dvelling for servants, provided
the aggregate ground this covers shall not exceed fifteen per cent of the total lot area.
(b) Vhere the land is platted or subdivided and the plat is
recorded, a single family home may be erected or altered and used by one fan;ily on any lot.
(c) Bo land shall be platted or aubdivided hereafter so as to create any lot of a ;!tidth less than 50 feet dnd zP area Qf less thsn 6500 Sq. ft.
(d) The standar3 of residence requirements in the’0pen Devel- opement Dietrict shall be a lot or premises of 6500 sq. ft. for one family; 10,000 sq. ft. for. tivo families housed in one
building and €or more than tivo families 2000 sq, ft. adaitional
I for each additional family housed.
(e) Pkenever land is platted into building lots, the corner at intersectirg streets shall be rounded off to a radius of 10 ft, or cut off dia~omlly on a line connecting two points mesaured
(f) Tlhert? land is platted into buil3in;- lots no permit shall be
issued for any building or house on the adjoiniq unplatted
lancl near3T than 50 feet, except by unanimous vote of the Council.
(g) The open spaces about any building nos existin,t or hereafker eredted shall not be so reduced or diminished that the yards or lot area shall be smller than required by this orlinance.
(h) There shall be a front yard, a rear yard and tmo 3ide yards
provided for all drrrellirgss No rear yard shall be less than 25% of the lot depth in any case, No side yard shall be less than
five feet in midth and no front yard shall bo, lesa than 20% Of the lot depth, excepting where on one side of the street be- taesn ti70 intersecting streets there are already buildings, no buildingL shd.1 hereafter be erected or extecded so as to pro- ject beyond a 1im drawn betveen the nearest front of the first
adjacent building on each side, Vhere this rule ~0rk3 a hard-
ship because of the unusual placing of the older buil9iqa or the curved line of the street the Village Council shall decide the depth of the front yard.
I , 10 ft. on eazh street,
(i) On a corner lot the midth of a side yard abutting upon a street shall be nnt less than the minimum frontyard depth re- quired on an adjoining interior lot fronting upon the sa~e street, but this shall not reduce the buildable midth of any corner lot to less than thirty-two feet at the ground story I. eve1 ,
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(j) Between the lines of intersecting streets and a line joining points on such linea twenty-five feet distant from their point of intersection or, in the case of a rounded cor-
ner, the point of intersection of the tangents, no buildirg or structure a-ay be erected and no vegetation oth.er than shade
trees trimmed up to a distance of at least 10 feet above the curb line, may be maintained above a heisht of three feet
above the glane through their curb gradeslfor the purpose af
.:orner visability.
(k) Cornices and eaves may project not to exceed thirty in-
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ches into. a required open space, provided that no such pro- jection shall extend over any lot.1ine.
(1) An open porch one story in heighkor a,bay ivindotr may project into the re%r yard or side yard a distance of not to exceed three feet.
(m) No building shall be erected to exceed. two and one-half storiea in height in the Open Development District provided
that for inst itutions on large grounds the Village Counc il
may in their discretion permit buildings ~17 ich conform to other aistrict regulations to be extended to a height beyond the height limit of this section. Church spires, belfries, chimneys, architectural finals nay be permitted to exceed the maximum provision of this section mhen erec%ed in accor- dance vYith the ordinaces of this Village.
(n) For the purpose of maintaining the Open Develb2rient oharac- ter of this district, EO .public, semi-public or institutional buildings shall be located except as folloivs:
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Upon premises facing or adjoining a public park, play- ground, school ground, college grounds, public fnstitu- t ions, zhurch, soc ial center, railziay station or other
inst itut ional buildings or on land entirely surrounded
by etrezts and alleys or on land at least three aides
of which abut on public streets or upon premises facing a3joining or across an alley or street from a railtray right-of-may and provided that if the public semi-public or institutional buildings or uses o,ccupy not to exceed
30% of the azea'of the lot or premises and do not extend nearer than 30' to an adjoining; omnership wed for dwell- ing the above restriction shall not apply.
(0) Recognizing the necessity for hospitals, sanitariums and cemeteries and at the same .time the fact that they may be ,
inimical to the health, safety and general welfare of the comcunity if located without due conaideration of the condi-
tions and surroundings, no hospital, sanitarium Or cernetary
shall be permitted except after a public hearing and upon the
unanimous vote of the Council. The Council shall on request of the applicsnt fix a date nhich shall not be less than ten
days or more than thirty day.s away for a hearing on the nec- essity and convenience to t.he comaunity and ',Thether it will
be detrimental to the health, safety and general 5.relfare. Notice of such hearing shall be posted in at 1ess.t tkree con-
* s9icuous public places in the Village of EBina.
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SECTION 4.
CO3€;IlUPITITY STORE DISTRICT
rCcrmuitg store distr.ic-is %re established as follows:
(a) In the northeast corner of the village a square area measuring 125' on France Avenue and 125' on the north village limit line,
(b) On France Avenue at 50th'Street a strip of land 125' deep and extendiw from 50th Street north 330' and south 330' and a strip of land 125' deep on each side of 50th Street and.ex-
tendin?; west from France Avenue a distance of 480'.
(c) Three squares of land at France Avenue and 54th Street be- ing the three c0rner.s in the Village of Edina measuring 125' on France Avenue and 125'. on 54th Street.
(d) The triangulm piece of ground at the intersection of
Interlachen Boulevard and Main Street measuring 125' on each
street,
(e) Lots 8, 9 and 10, Block 21, and Lots 11, 12 and 13, Block
22, Fairfax Addition and the miscellaneous trianzular .r,iece of lanl containing approximstely 1.38 acres lying-.south of
West 62nd Street and East of Vooddale Avenue extended.
\ (ff The lan3 on the northeast corner of Highway No, 5 a;nd
Poor Farm Road measured 150 ft. on Righnray No, 5 and 1% ft,
on the Poor Farm Road.
(g) In the CQ.mmubity Store Distict no buildings or premiaea shall be used and no buil3ing shallbe erected or altered ex-
cest for purposes sustomarily necessary to serve a residen-
Bial cQirmunity having access to the larger market of an.ad-
j o ining c ity ,
The folloving uses are permitted, if and when a building per- mit shall have been issued by the Village Recorder, and it
shall be unlawful for any person, firm or corporation to
ermect, alter, enlar2e, move, demolis- use, occupy or main- tain amy building, structure, improvement or premises with- out ffirst havinz obtained such permit.
1. All uses permitted in the Open Developement District.
2 Amusement Places .
3, Bakeries.
40 Barber Shops ar,d or beauty parlok:,
5 . Cater ing Est ab1 ishment 8 ,
6. Comfort Stations,
7. Cosservat or ies .
8 . Dressmaking Establishments.
9, ElectricRepair Shops.
10. F inane ial Inst itut i ona .
11. Fire Station or police station. 12. Furniture Stores.
13. Gasoline Filling Station.
14. Hotels,
15. Lodge Halls.
16, Eessenger or Telegraph ServTce Stations.
17. MLLlinery Shope.
18. Offices.
19. Painting and Decorating Shops,
20. Photogrziph Galleries.
21. Piuflbing Shope,
22. Post Office,
23. Printing Shopa.
24. Public Garage.
25. Recreation Buildings and Structures.
25. Restaurants.
27. Sales or Shoiv Rooma.
88. Shoe Repairing Shops.
29. Skating Rinks.
30. Stores and Shops for the conduct of retail business with
or ;.rithout flats above,
31. Stu3ios and Theatres.
32. Tailor Shops eriiplayiq not more than five (5) persons.
(h) It0 building shall be erected to a height greater %\an 40’ and each building shall be so arrarged on its ground as to permit of all lozding and unloafiing on its own premises and not Prom the street,
(i) No preqises shall be used rvholly or in part for the storage of any materbl mhstsoever except where such materials are stmad in a builAing and nbere the character of such building conforms
with the general develqpnient of a community store diatrict.
(5) No building or premi3es shall be used for any kin5 03
manufacture, repairing, alteration, converting or finishing vhich uses mec3anical poirer aggregating more than five (5)
Horse Poxer pes 2000 sq, ft. 02 ground pea.
SECTION 5,
COl,f,’EER C IAL D IS TR f C T
Comt-fiercial Districts are establ iebed as fOllOas:
The west one-half of Block 2, Grand Vien Heights; the miacell- aneoua tract of land immediately south of the zest merhaIf of
.said Block 2 and north of the Eden Prairie Road.
A strip of 1-md EO0 ft, wide extending from the Eden Prairie
Road to the southern line of Section 28, the center line of
said strip being the main line track of the Ibfinneapolis, Northf ield & Southern Rail-avay.
No building shall be erected to a greater height than 40’ along State Trunk Highmay No. 5 and the Hopkins RQad for a
distance of 100’ *back thereof, otherwise there are no height reatr ict ions in the commercial district. All buildings shall
be so placed and arranged on their grounds as to permit Of all loading and unloading on their own premises and not from the street,
(a) The following uses are permitted, if and when a buil3ing permit shall have bees issued by the Village Recorder and it
shall be unlawful for my person, firm or corporation to erect, alter, enlarge, move, demolish, use, occupy or maintain any buildin?, structure, improvement of: premisea without first hav in,: zktth ined such permit.
1. All uees permitted in the Open Development District, 2. A11 uses permitted in the Community Store District.
3. CDal tipples and.etorage under cover.
4. Lumber yard in builahgs:.
5. EuilIing mterirzl yard.
6. Pub1 ia garages $or repair ins snd st or ins cars.
7, Eattery and tire service.
8; Gasoline fillin: station.
9. Blacksmith repair, raachine shop or t insriith.
10. Carting, express or moving van ivith storage yard con- nected therewith.
11. Ice plant.
12 . St eam . Laundry,
13. XIilk distribut ins station.
14. St orage warehouse
15. Loading facilities for stock.
16. Feed mills. 17, Freisht stations.
18. Gasoline and oil storage subject ta approval of the Village Council as to location, aryangement and quanti$Y.
19. Dry cleaning establishments subject to approval of: vil- lage council subject to location and arraqgement.
z
Or other enterprises or businesses which in the opknion of the Village Council are no more obnoxious or detrimental to the vel-
fare of’tfre comaunity than the enterprises or businesses en=- merated in this section.
SECTION 60
CIVIC CEHTER
A Civic Center is hersby established being all that part of the
Northeast $ of the Southvest & of Section 18 lying south of 50th
St.? west of Rooddale Avs. an? north and east of Minnehaha Creek
as it nog runs.
In the Civic Center, no %uil&ings or gremfBes shall be used and no bujildingp shaU be FrBoted 03: al.S;era# 6xcp~t for the follavl- Ing med, -qnd then only after plans and specifications for such builiing, structure, improvemenb, premiaes or me. have been ap- proved by the Villase Council at a public meeting.
1. To%n Hall.
2. Church.
3. School.
4. Library.
5. Cornrnunity Garage.
6. Drug Store.
7. TTarYIvare Store.
8. Eooks an3 Stationery.
9’. Cab Office.
10. Confect ianery.
11. Theatre.
12, Lodge Hall.
13, Telephone Exchmge.
14. Telegraph Office.
12. Stage Terminal.
16 . Laundry- Dry- Clean ins Agency.
17 %illiriery,
18. Bsnk,
19. Barber Shop,
20, Beauty Parlor.
21. Restaurant .
22. Comfort Station.
23. Xeata;,
24. Grocery Store.
25. Stores aith or vithout flats above,
26, Post Office.
Or other uses, enterprises or busifiesses which in the opinion of the Village Council are no more obnoxious ar detrimental to the xelfare of the coram1inity than the enterprises or businesses enumrated in this section, provided that no buiiiting shall be nearer the south line of West 50th Street than ei.-Aty (80) ft., and ?he !?est 1 ine of 'Wooddale Avenue than tiqenty (20) f t ., and
proI*ided Curther, that all buildi%a shall be placed on a ne%
street to be created lying south of and approxaately par&llel
, to the above nal;i,ed thoroughfare,
SECTION '7.
#
'1
DEFINITIONS
For the purpose of this.ordinance certain terms aid rJords are defined as Pollovs:
1. Words used in the present tense shall include the fut- ure; ivords in the singular knclude the plurzLl and the plural the sinLular; the xord ?building1! ahsll incl u3,e
the ;lord "structure;" an6 the xord "lot" shall include the t-rord "plot;" and the zFmrd 11~hall~~ is mandatory znd not directory,
2. flAcessory Buildingn-A Subordinate building or pact ion
of the main building vhich is located on the lot of the
=in building and the use of nhiuh is ~learly inciden- tal to the use of the rmin buS19ing.
feet in sidth.
3, ilAlleyll--A public thomughfare less than thirty (30)
4, ,,l$o~rd..Q-g _Hog,,&--Any dwell in& other thm w hatel .{here 'mekIwiorAc8ape sation are provided for fine or rrore persons, pursuant to previous arrrangemaent and not to -
anyone cho may Bpply.
5. V3uilding"--Any structure for the shelter, support or enclosure of persona, animals, chattels or property of any kind, and ahen aeparzted by party vJalls without opelairrzs, escrtl po2t ion of such building so separated
shall be deemed a separate building;,
6. nCorner Lot1l-A lot situated at the junction of and fronting on two or more streets, and having alxldth not greater than sixty (60) feet, and keir+g of ordi-
mry lot depth,
7. nCurb Level"--The curb level is the level of the es-
bablished curb, in front of the building neasured at the center E$ auzh front. "&ere no curb level has been established the Village Council shEll establish such
curb level or ifs equivalent for the purpme of this or linanc e ;,
8 IlDepth of Lot I1--the ze5n hor izontzl distance between
the mem front street and the.meaa rear lot Line. The greater frontage of a zorner lot is its depth and its
lemer frontage is its Tiidth.
9. 1lBepth of Rear Yard"--The man horizontal. distance be- .tween the reEr line of the building and the center
. 3ine of an alley tvhess an alley exists, ptheraise a rear lot line.
10. f1Dists:ictf1--8 section of the village for vvhich the
xegula3ions governing the height, area, use of build-
"ings and premises are the sane.
11. f'Dwellingf1--P!y building or part thereof which is de- signed or used exclusively for residential purposes of .one or more hurran beings either permanently or transiently,
12. llDvfellirgll--One Farriily: A building designed for or oc- cupied exclusively by one family.
13, llDvrellingfl--Two Families: A building designed for or oc- cupied by two. fiLmilies.
14. 11D;RI.ell ing"--Mcrc than two families: A building designed or occupied by more than two fzrnilies including tene-
menthouse, apsx2trnent house and apartment hotels,
the premises as a single housekeeping unit aa di'stin- guished from a group occupying a boardin3 hou.-:e, lodging
house or hotel as heredn defined.
15 . "Familyll--hny nurrber of indiv iduale 1 ivinz together on
16, ~~Garagef~--?RLVATE: A =&rage with a capacity Of not more than four power drivm vehicles for storage 0nI.Y. .and
which is erected a8 an accesaory to the buildingc A private prase may exceed a four vehicle capacity pro- vided the ares of the lot %hereon. such a pxivate ga-fage is to be located shall contair, not lesa than 1200 sg. ft.
for each v4hicle skbredl
17. ltGaragelf--PUBLIC: Any prerniaes except those described as a private or cammunity garage, used for the storase or care of poxer driven 'vzhicles, or where any such vehicles are equipped for operat ion, repair, or kept for rermnera- -tion , hire or sale,
18. llGaragc"--C.O~~~UNITY: A ne ishbcrhood, carmunity or group
g'arage for my number of notor vehicles where all. sez- vice and selling facilities sha'illbe aithin the building and sbLlbe for the use only of owners and tenants of
such garage.
19. Wotels'.': Any building occupied as abidinj plece of per- sons w30 are lodged with or without meals; in ryVhich as a rule the rooms are occupied singly €or hire in which provision is not made for cooking by indivi.luals, and in which there are more than twenty-five (25) sleeping
rooms .
20. "Lodging TSoufiel1: A building or premises where lodging is provided for corigensation for five or more persons but not excekding tnenty-five persons.
21. ltLot": One unit of a recorde& plat or subdivision accupied or to be,ocoupied by a building and its accessory buildings and inzluding a8 a rninimum auch open spaces as are required under this ordinance, and
having frontage on a public street
22, '[Lot Areal': The lot area is the land arm within the lot
1 ines.
23. I1Lot area per family": The lot area, per family is the
lot area required by this ord-inance to be provided for each family in a dwelling.
24. '!Lot cornerfl: See Corner Lot.
2.5. llLot 1nteriorl1: A lot other than a corner lot,
26. "Lot, Through": An interior lot having frontitge on two street 9.
27. flLot Lines": The lines bounding a lot as defined herein.
When a lot line abuts on a street, Svenue, park or other public property except an alley, such line shall be
knovn a8 a, street line, an9 vhen a lot abuts on an
alley, it shall be knoan as zn all~,y line.
28. ttPremisesll: A lot or plot with the required front, side and rea yards for a dwelling.
29. "Rear Yard": An open space unoccupied except for accessory buildings on the sLme lot with EL 'builiiing betneen the rear lines of the buildins and the rezr line of the lot for the full width of the lot.
30. "Side Yard": An open unoccupied space on tbe sme lot with the building between the buildin3 and the side line of the lot and extending from the front lot line to the rear of the back yard.
31 , llSinc$e f rmily dwellingfl: See Dwelling, One FsJrily
32. "Street'': A. Fublic thoroughfare thirty (30) feet or more
in width.
33. Width of Lot": The -Jri&th of a lot is its own mean .%idth
. 34. "Yar%": Any space in the same lot with a building open md
lieasured at right angles $0 its mean depth, .
and unobstructed from the ground to the sky.
SECTIOM 80
ADIJINI STRAT ION
(a) building is being use9 or any building is being constructed, move4 w- Pltered under the authority 02 a iouiiirmg permit
issued by the Village of Edina in a manner or for a purpose
~hich does not conform with the requiren;ents of this ordinance,
but which is not prohibited by any other existing .ordinance of the village, such use, manner or purpose may be contirmed.
destroyed by fire, wind, earthquake, .or explosion may be res-
tored to its former use, and physical lizensions, provided that no such buil3.ing does not conform to the use and height dis- trict in Ghich it is located and is thus destroyed, according to the estirmte of the Village Council or some official de- signated 'i.y it, to the extent of fifty per cent or Kore, shall
be rebuilt or reconstructed.
If at the time of the ensct'ment of this ordiknce any
I
I (b) Any building located in any district which is partially
(c) dering service to the community and not for warehouse purposes,
or for the storage of bulky naterials, vhen the Village Council
shall deem them to be clearly necessary for the SGblic con-
venience ray be permitted in any district. Such variation
from the height and area district regulation rmy be alloned for such building by the Village Council &ts .they deem necessary.
(d) All yard regulLtions shall be waived in the Comri.ercial District, but in the Comnunity Store District any building erected or altered that is vithin 50* of the line dividing the Comxunity Store District from the Open Development Dis-
trict liiust have the sme front yard as is required in the Open DeveloprLent District.
(e)
and shzJi not be reversed.
Public utility buildings to be use6 for purposes of ren-
I
The frontage as laid out in the original platting of any
district shall be retained in the construction of buildings
(f) districts or in the use, heiiht or are2 regul8tion of any aistrict except after a public hearing arid upon the two-thirds
vote of the Council. The Council may, or upon a petition of
ten per cent by nulxber of tbe property Oiiners mithin 200' Of the property to be affected by the proposed chanze shall, fix a date z%ich shall nat be less than ten days or nore thax thirty days aaay for a hearing upon the subject of such chanze.
No change shall be mde in the boundary line of the
I Notice of such meeting and proposed chanse shall be posted
in at least three conspicupus public places in the Village of Edina.
notice the Council shall hsar all objections and recornmenda- tions relative to such amendment, supplement, change or repeal of the existing provision.
(g) It shall be the duty of the Village Council to see that the provisions of this ordinance are enforced through the proper legal channels, but they may delegate the duty Of
administering it to any enployee as they rfiay deemnpruger. Any person objectins to the ruling of any official on the administering of the provisions of this law s%11 have the rbgh'c to appeal to the.CDuncil at arg regular meeting.
At the time an& place fixed in. the published
(h) The ommr of a building or premises in or upon Lvhich a violation of any provlaion of this ordinance has been committeed or shall exiet; or the lessee of en3ire building or entire premises in or upon which violation has been comrfiitted or shall exist; or the ovmer, lessee of any part of the building or premise in or upon which such viol&tion has been conimitted or shall exist, shall be guilty of a misdemeanor, punishable
by a fine of not nore than One Rundred Dollars ($100.00) for each and every day that such violation contirues. Any such
. person, who having been served with an order to remove any . such violation, shall fail to coxply wi$h said order within ten days after such service, or shall contiriue to violate any provision of the regulations made under authority of this
ordinance in the respect named in such order, shall also be
subject to a civil penalty of not to exceed One Hundred Dol- lars ($loo .OO) .
(i) In interpreting and applying the pyovbions of this or-
, dinance, they shall be held to be the minimum requireKent@ for the prornoti.cn of the public safety, health, convenience,
comfort, prosperity and genersl welfare.+ It is not the Ween-
~ tion of this ordinmce to Interfere with or abrogate or anriul
~ any eawments, covenmts or other agreerrent betzeen parties;
, provided., ho'lcrever, that where this ordinance imposes a greater restrict ion upon the use of building or. premises 01' upon height of building, or requires larger open spaces than are imposed . or required by other ordinances, rules, regulations, or permits,
or by easements, convenants or agreemnts, the proGsions of . tbis ordinance shall govern.
. (j 1 If any sect ion, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional,
auch decision shall not affect $he .validity of the remLining . portions of this ordinance.
This act shall take effect and be in force from and after its adoption.
After discussion by the Council, and. others for period. of ove~
one hour, Recorder Moore offered resolution reccrmrnending the
proposed Zoning Ordinance as read, to be known as the Zoning
Ordinknce of the Village of Ed5na, Trustee Willaon rfioyed the adoption of the resolution, which was seconded by Trustee Feimann who offered an amendment "that the word ar,d figure
eighty (80) where it appears in sixth line of Last pmsgraph of Section six, be changed to fif%y (50)" The afiendmen% was
seconded. by Koore and the vote on the'adoption of the amend- ment was eaenlLr divided two to two, whereupon the President
with the ad.v.ice and. consent of all members of the Council $;rho vexats presents d-eclared the amenbent failed ~9 passage and was declared losto The vote vms then called for and duly taken
on the origninl, resrrlution, vlrherein there were four ayes and no nays as follov~s- Noore aye, IlcGuire aye, Refrnann aye, and Vil11,son aye. adopted and so orderedo
Bo further business to come before the Council motion to ad- journ carried at 2@38 AIL
The President then declared the resolution _- duly _-
3 Village Eocord.er