Loading...
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