HomeMy WebLinkAbout2014-18 Amending Chapter 36 ORDINANCE NO. 2014-18
AN ORDINANCE AMENDMENT REGARDING FRONT YARD SETBACK REQUIREMENTS&
FIRST FLOOR ELEVATION REGULATIONS FOR TEAR DOWN REBUILDS
THE CITY COUNCIL OF EDINA ORDAINS:
Section 1. Subsection 36-439 of the Edina City Code. Special Requirements are amended as
follows:
Sec. 36-439. Special requirements
(1) Special setback requirements for single dwelling unit lots.
a. Established front street setback. When more than 25 percent of the lots on one
side of a street between street intersections, on one side of a street that ends in
a cul-de-sac, or on one side of a dead-end street, are occupied by dwelling units,
the front street setback for any lot shall be determined as follows:
1. If there is an existing dwelling unit on an abutting lot on only one side of the
lot that has a front street setback on the same street, the front street
setback requirement shall be the same as the front street setback of the
dwelling unit on the abutting lot on the same street; or the front street
setback shall be the average front street setback of all other dwelling units
on the same side of that street, between intersections.
2. If there are existing dwelling units on abutting lots on both sides of the lot
that both have a front street setback on the same street, the front street
setback shall be the average of the front street setbacks of the dwelling
units on the two abutting lots on the same street; or the front street
setback shall be the average front street setback of all other dwelling units
on the same side of that street, between intersections.
b. Side street setback. The required side street setback shall be increased to that
required for a front street setback where there is an adjoining interior lot facing
on the same street. The required side street setback for a garage shall be
increased to 20 feet if the garage opening faces the side street.
C. Interior side yard setback. The required interior side yard setback shall be
increased by six inches for each foot the building height exceeds 15 feet. For
purposes of this subsection, building height shall be the height of that side of the
building adjoining the side lot line and shall be measured from the average
proposed elevation of the ground along and on the side of the building adjoining
the side lot line to the top of the cornice of a flat roof, to the deck line of a
Mansard roof, to a point on the roof directly above the highest wall of a shed
roof, to the uppermost point on a round or other arch-type roof, to the average
Ordinance No. 2014-18
Page 2
distance of the highest gable on a pitched roof, or to the top of a cornice of a hip
roof.
d. Rear yard setback, interior lots. If the rear lot line is less than 30 feet in length, or
if the lot forms a point at the rear and there is no rear lot line, then, for setback
purposes, the rear lot line shall be deemed to be a straight line segment within
the lot not less than 30 feet in length, perpendicular to a line drawn from the
midpoint of the front lot line to the junction of the interior lot lines, and at the
maximum distance from the front lot line.
e. Rear yard setback, corner lots required to maintain two front street setbacks. The
owner of a corner lot required to maintain two front street setbacks may
designate any interior lot line measuring 30 feet or more in length as the rear lot
line for setback purposes. In the alternative, the owner of a corner lot required to
maintain two front street setbacks may deem the rear lot line to be a straight line
segment within the lot not less than 30 feet in length, perpendicular to a line
drawn from the junction of the street frontages to the junction of the interior lot
lines,the line segment being the maximum distance from the junction of the
street frontages.
f. Through lots. For a through lot,the required setback for all buildings and
structures from the street upon which the single dwelling unit building does not
front shall be not less than 25 feet.
Section 2. Subsection 36-439 of the Edina City Code. Special Requirements are amended as
follows:
Sec. 36-439. Special requirements
(7) Additions to, or replacement of, single dwelling unit buildings and buildings containing
two dwelling units. For additions, alterations and changes to, or rebuilds of, existing
single dwelling unit buildings and buildings containing two dwellings,the first floor
elevation may not be more than one foot above the existing first floor elevation. If a
split level dwelling is torn down and a new home is built, the first floor elevation of the
dwelling unit being torn down is deemed to be the lowest elevation of an entrance to
the dwelling, excluding entrance to the garage and entrances that do not face a street.
(8) Additions to, or replacement of, single dwelling unit buildings with a first floor
elevation of more than one foot above the existing first floor elevation of the existing
dwelling unit building require a Variance per Sec. 36-69. Division 3. Such additions to,
or replacements of, single dwelling unit buildings must meet one or more of conditions
a-c and always meet condition d:
a. The first floor elevation may be increased to the extent necessary to elevate
the lowest level of the dwelling to an elevation of two feet above the 100-year
flood elevation, as established by the Federal Emergency Management Agency
(FEMA), or the city's comprehensive water resource management plan; or
Ordinance No. 2014-18
Page 3
b. The first floor elevation may be increased to the extent necessary to reasonably
protect the dwelling from groundwater intrusion. Existing and potential
groundwater elevations shall be determined in accordance with accepted
hydrologic and hydraulic engineering practices. Determinations shall be
undertaken by a professional civil engineer licensed under Minn. Stats. ch. 326,
or a hydrologist certified by the American Institute of Hydrology. Studies,
analyses and computations shall be submitted in sufficient detail to allow
thorough review and approval; or
C. The first floor elevation may be increased to the extent necessary to allow the
new building to meet the state building code, this Code or other statutory
requirements; and
d. An increase in first floor elevation will only be permitted if the new structure or
addition fits the character of the neighborhood in height, mass and scale.
Section 3. Subsection 36-434, Conditional Uses is amended as follows:
(9) n,d.di+iens to• r nr ranlaGement of single .dwelling • buildings with f +f1• • no +
elevation of Mere than nne feet above the existing f• +f1 1 +• f+h +• „
dwelling nit buildin�bS"ch addp itiens o, yr rcpIiaceicn+s vf, single dwelling URit
buildings must Fneet nnrinr n^ .dA.
f the first „ •+' 1' + d h +' (9)
a
Af this tion n.d always Fneet n.di+ien fe.. listed OR h +' (9)b f+h' see+'
a The fi...-+fle Ale +ie ., he e.d +.,the + + r + elevate
the Ie a-s+ level of the dwelling+e an elevation of+,..e feet above the 100 yea
as established by the Federal E=FneFgeFwy ManageMeAt AgeAGY
(FEIVIA)..er the rit y'S 6erv.nrehensiye . ate se Wee m n+ plaRj erthe
ffirrr#flee.- eleyatie Fnay he in e•d +e the extent nneessaFy+ hl
nre+eet the .dwelling fres. .. nrlwater in+...e-ien Existing and ne+ential
ere..n•d. ate elevations shall he determineedd in a669.-.donee with aGeep+ .d
by d.-eleeie and by dFauli. ., pFae+iees DeteFFAinatien.- shall he
u_ndor+tel en h f 11/I'nn 326
vTa�rv�cSSicri�al cIVl1 ensIF122r lisen3e� aeder„Th„T-�tatS. Ehh�t ,
er a hydFelegiSt eer+•f•ed by t le•,.. Studies
o, a ��Ta�cncrs�rcc�ziiica vTche-�lmeriEan Institute of HTc-t�c�,� �;
the extent n y to ..Ile..,+he Re., building to meet the tate building merle
•
thiTCR- A-thff Statues-Fes ements,; and
.,Alli+ion fits the •h�.�.+e.of+hen ebbe.heed in height, Ad- .•,le
~~
Section 4. Subsection 36-527 (2), Special requirements is amended as follows:
Sec. 36-527. Special requirements.
Ordinance No. 2014-18
Page 4
In addition to the general requirements described in article XII, division 2 of this chapter, the
following special requirements shall apply:
(2) 444449umf4eer-area. Per d;-AVe"ing unit.
PSR (Or e feet) non 1,,.(,ept PRI) 5)� I'
'��7
-DKK}
98
f9eFnS8
walk; and- frem the eenteF ef inteFieF walls beuRding the dwel!*Rg unit, but shall A9t i1;6IWde fuFna
i Utility F09FAS, St9Fage aFeas net within the dwelliRg unit,
i
baleenies
.,d p ahe
Section S. Subsection 36-1260 of the Edina City Code. Lighting is amended as follows:
Sec. 36-1260. Lighting.
All exterior lighting and illuminating devices shall be provided with lenses, reflectors or shades
so as to concentrate illumination on the property of the owner or operator of the lighting or
illuminating devices. Rays of light or illumination shall not pass beyond the property lines of
the premises utilizing the lights or illumination at an intensity greater than 0.5 footcandle
measured at property lines abutting property zoned residential and 1 footcandle measured at
property lines abutting streets or property zoned nonresidential. No light source, lamp or
luminaire shall be directed beyond the boundaries of the lighted or illuminated premises.
Section S. This ordinance is effective immediately upon its passage.
First Reading: October 21, 2014
Second Reading: November 18, 2014
Published: December 3, 2014
Attest
Debra A. Mangen, City Clek James B. Hovland, Mayor
City of Edina
(Official Publiction)
AFFIDAVIT OF PUBLICATION ORDINANCE NO•2014-18
STATE OF MINNESOTA AN ORDINANCE AMENDMENT REGARDING FRONT YARD
COUNTY M NNESOTAHENNEPI )ss SETBACK REQUIREMENTS&FIRST FLOOR
ELEVATION REGULATIONS FOR TEAR DOWN REBUILDS
THE CITY COUNCIL OF EDINA ORDAINS:
Charlene Vold being duly sworn on an oath, Section 1.Subsection 36-439 of the Edina City Code.Special Require-
states or affirms that they are the Authorized ments are amended as follows:
Agent of the newspaper(s)known as: Sec.36-439.Special requirements
(1)Special setback requirements for single dwelling unit lots.
a.Established front street setback.When more than 25 percent of the
SC Edina lots on one side of a street between street intersections,on one side of a
street that ends in a cul-de-sac,or on one side of a dead-end street,are
occupied by dwelling units,the front street setback for any lot shall be
and has full knowledge of the facts stated determined as follows:
below: 1. If there is an existing dwelling unit on an abutting lot on only one
(A)The newspaper has complied with all of side of the lot that has a front street setback on the same street,the front
street setback requirement shall be the same as the front street setback of
the requirements constituting qualifica- the dwelling unit on the abutting lot on the same street;or the front street
tion as a qualified newspaper as provided setback shall be the average front street setback of all other dwelling units
by Minn. Stat. §331A.02, §331A.07, and on the same side of that street,between intersections.
other applicable laws as amended. 2. If there are existing dwelling units on abutting lots on both sides
of the lot that both have a front street setback on the same street,the
(B)This Public Notice was printed and pub- front street setback shall be the average of the front street setbacks of
lished in said newspaper(s) for I succes- the dwelling units on the two abutting lots on the same street;or the front
sive issues; the first insertion being on street setback shall be the average front street setback of all other dwelling
units on the same side of that street,between intersections.
12/04/2014 and the last insertion being on
b. Side street setback. The required side street setback shall be in-
12/04/2014. creased to that required for a front street setback where there is an adjoin-
ing interior lot facing on the same street.The required side street setback
for a garage shall be increased to 20 feet if the garage opening faces the
side street.
c.Interior side yard setback. The required interior side yard setback
shall be increased by six inches for each foot the building height exceeds
By: 15 feet.For purposes of this subsection,building height shall be the height
Authorized Agent of that side of the building adjoining the side lot line and shall be measured
from the average proposed elevation of the ground along and on the side
of the building adjoining the side lot line to the top of the cornice of a flat
Subscribed and sworn to or affirmed before roof,to the deck line of a Mansard roof, to a point on the roof directly
me on 12/04/2014. above the highest wall of a shed roof,to the uppermost point on a round
or other arch-type roof,to the average distance of the highest gable on a
pitched roof,or to the top of a cornice of a hip roof.
d. Rear yard setback, interior lots. If the rear lot line is less than 30
feet in length,or if the lot forms a point at the rear and there is no rear lot
line,then,for setback purposes,the rear lot line shall be deemed to be a
Notary Public straight line segment within the lot not less than 30 feet in length,perpen-
dicular to a line drawn from the midpoint of the front lot line to the junction
of the interior lot lines,and at the maximum distance from the front lot line.
e.Rear yard setback, corner lots required to maintain two front street
�W� �n���•�����p�wvWVV�VCVp~Q setbacks.The owner of a corner lot required to maintain two front street
+tNlfM.r��C iWr E iYNli�ft�i 0 setbacks may designate any interior lot line measuring 30 feet or more in
length as the rear lot line for setback purposes.In the alternative,the own-
NOWY PU�l��O-A�tif{ WtR er of a corner lot required to maintain two front street setbacks may deem
IIAy CaeeAWm l *"Jsn'1,2019 the rear lot line to be a straight line segment within the lot not less than 30
feet in length,perpendicular to a line drawn from the junction of the street
frontages to the junction of the interior lot lines,the line segment being the
maximum distance from the junction of the street frontages.
f.Through lots. For a through lot,the required setback for all buildings
and structures from the street upon which the single dwelling unit building
does not front shall be not less than 25 feet.
Section 2.Subsection 36-439 of the Edina City Code.Special Require-
ments are amended as follows:
Sec.36-439.Special requirements
(T)Additions to,.or replacement of,single dwelling unit buildings and
buildings containing two dwelling units. For additions, alterations and
changes to,or rebuilds of,existing single dwelling unit buildings and build-
ings containing two dwellings,the first floor elevation may not be more
than one foot above the existing first floor elevation.If a split level dwell-
ing is torn down and a new home is built,the first floor elevation of the
dwelling unit being torn down is deemed to be the lowest elevation of an
entrance to the dwelling,excluding entrance to the garage and entrances
that do not face a street.
(8)Additions to,or replacement of,single dwelling unit buildings with
a first floor elevation of more than one foot above the existing first floor
elevation of the existing dwelling unit building require a Variance per Sec.
36-69.Division 3.Such additions to,or replacements of,single dwelling
unit buildings must meet one or more of conditions a-c and always meet
condition d:
Rate Information: a.The first floor elevation may be increased to the extent necessary to
] Lowest classified rate elevate the lowest level of the dwelling to an elevation of two feet above
O paid by commercial users the 100-year flood elevation, as established by the Federal Emergency
for comparable space: Management Agency(FEMA),or the city's comprehensive water resource
$34.45 per column inch magqg�mer{ plqp;,pr
b:The 696 floor elevation may be increased to the extent necessary
to reasonably protect the dwelling from groundwater intrusion. Existing
and potential groundwater elevations shall be determined in accordance
with accepted hydrologic and hydraulic engineering practices.Determina-
tions shall be undertaken by a professional civil engineer licensed under
Ad I D 316558 Minn.Stats.ch.326,or a hydrologist certified by the American Institute of
Hydrology.Studies,analyses and computations shall be submitted in suf-
ficient detail to allow thorough review and approval;or
c.The first floor elevation may be increased to the extent necessary to
allow the new building to meet the state building code,this Code or other
statutory requirements;and
d.An increase in first floor elevation will only be permitted if the new
iuracier or me neignborhood in height,mass
and scale. •�
Section 3. Subsection 36-434, Conditional Uses is amended as fol-
lows:
(9)Additi
Overlie of-1-
is !eve e exteM-eeesser"&
tomf "a Y to
fist fee
and-reale:
Section 4.Subsection 36-527(2), Special requirements is amended
as follows:
Sec.36-527.Special requirements.
In addition to the general requirements described in article XII,division
2 of this chapter,the following special requirements shall apply:
PSR NR seltiere#eet) lB-Sj
EHieie-y — 509
Ane-bedroom Sgg W" 7-50
7091nMrir4nr»
Twebedeeorn 750'MM6.9urtr 959
850_ �
' iffenel badreorns — 459
two
Section 5. Subsection 36-1260 of the Edina City Code. Lighting is
amended as follows:
Sea 36-1260.Lighting.
All exterior lighting and illuminating devices shall be provided with lens-
es,reflectors or shades so as to concentrate illumination on the property
of the owner or operator of the lighting or illuminating devices. Rays of
light or illumination shall not pass beyond the property lines of the prem-
ises utilizing the lights or illumination at an intensity greater than 0.5 foot-
candle measured at property lines abutting property zoned residential and
1 footcandle measured at property lines abutting streets or property zoned
nonresidential.No light source,lamp or luminaire shall be directed beyond
the boundaries of the lighted or illuminated premises.
Section 5.This ordinance is effective immediately upon its passage.
First Reading: October 21,2014
Second Reading: November 18,2014
Published: December 2,2014
Attest
Debra A.Mangen,City ClerkJames B.Hovland,Mayor
1
12/4/14,3SC1,Ordinance 2014-18,316558