HomeMy WebLinkAbout2015-07 Zoning Ordinance Amendments ORDINANCE NO. 2015-07
AN ORDINANCE AMENDING CHAPTERS 32
AND 36 OF THE EDINA CITY CODE
The City Council Of Edina Ordains:
Section 1. Section 32 of the Edina City Code is amended to read as follows:
Sec. 32-6. Plat not required.
(a) Double dwelling units. No plat shall be required for subdivisions of lots in Double Dwelling
Unit Districts but only a Party wall division pursuant to subsection (c) of this section shall be required.
(b) Lot line adjustment No plat shall be required for any lot line adjustment which adjusts or
relocates a common lot line separating two lots and which does not create a new undeveloped parcel, tract
or lot that complies, alone or in combination with one or more other parcels, tracts or lots, with the
applicable minimum lot area and other requirements of this chapter and section.
(c) Procedure. Lot line adjustments may be approved by the city planner if the following conditions are
met:
(1) Lot Line Adjustment Conditions.
a. The new legal descriptions for the properties are metes and bounds;
b. The adjustment does not result in the creation of a new lot, does not make one of
the lots large enough to be eligible for further subdivision, and does not make an
unbuildable lot buildable; and
C. The resulting parcels meet all applicable ordinance requirements, except that if one
of the parcels was previously non-conforming, it must become more conforming as
a result of the subdivision.
(2) Party Wall Division Conditions.
a. The new legal descriptions for the properties are metes and bounds;
b. The multi-family building is already built;
C. The lot line(s) is along an existing, common wall;
d. The division does not make one of the lots large enough to be eligible for further
subdivision;
e. Verification has been provided that the building would meet building code
requirements with the new lot line;
f. The following items are submitted for review by the city attorney, who will
designate which items must be recorded:
. Documents establishing how the building, common sr ler and water lines and
any common drives will be maintained and who will be responsible; and
2. Common access easements for each lot.
ordinance No. 2015-07
Page 2
(3) Application Process.
a. An application to adjust a lot line between two existing lots or divide a lot along an
existing party wall(s) of a multi-family building must submitted to the planning
division. The application must be accompanied by all of the following:
I. An application fee.
2. A full legal description of the existing properties, as documented by current
land title records.
3. An existing conditions survey. The survey must include: lot dimensions, all
platted and recorded easements, all existing structures with dimensions to
show size and location, structure setbacks from all property lines, and the
location of existing driveways and utility lines.
4. A proposed conditions survey. The survey must include: the proposed lot
lines, all platted, recorded, and proposed easements, all existing structures
with dimensions to show size and location, structure setbacks from all
property lines, and the location of existing driveways and utility lines.
5. Evidence of the current condition of title to the land affected by the lot line
adjustment, which may include an abstract of title or registered property
abstract or a commitment for an owner's policy of title insurance. The city
attorney may require the applicant to also provide copies of recorded
instruments that are referenced in the submitted title evidence.
b. After receipt of the application, the city planner will consider the subdivision's
consistency with this ordinance.
Section 2. Sec. 36-10, Definitions is amended to add the following definition:
Window well. Means the space maintained around a below-grade window and the surrounding soil. Required
setback for window wells shall be measured from the outer edge of the supporting structure of the window
well.
Section 3. Sec. 36-130, Plan Modifications is amended to read as follows:
Sec. 36-130. - Plan modifications.
(a) Minor changes may be authorized by the planner only one time. Changes are considered
minor if.
(1) There is no increase to the proposed number of dwelling units;
(2) Any proposed increase in the floor area of structures on site does not exceed five
percent of the gross floor area;
(3) All proposed revisions comply with Code requirements;
(4) There is no change to any condition required in a site plan approval, including building
materials and color;
(5) The property is not located in an Edina Heritage Landmark District;
(6) Impervious surface does not increase by more than five percent, unless to add required
parking stalls to comply with a proof of parking plan;
(7) There is no change to on-site circulation patterns or access to the site; and
Ordinance No. 2015-07
Page 3
(8) Trees to be planted as part of the approved site plan may be relocated but not
decreased in number.
(b) All other plan modifications shall be acted on, reviewed and processed by the commission
and council in the same manner as they reviewed and processed the site plan.
Section 4. Chapter 36. Article IV. Subdivision 11, procedure for rezoning in the Edina City
Code is amended to read as follows:
Subdivision I1. - Procedure for Rezoning
Sec. 36-212. Rezoning and site plan.
The petition for rezoning shall include a site plan with the required data and information in article III of
this chapter.
Sec. 36-213. Planning commission review and hearing.
Upon receipt of the petition, fee and all other required information, in form and substance acceptable to
the planner, the planner will review the petition, site plan and the other information provided by the
petitioner, and forward a report to the planning commission. The commission shall conduct a public hearing
regarding the petition and site plan. A notice of the date, time, place and purpose of the hearing shall be
published in the official newspaper of the city at least ten days prior to the date of the hearing. A similar
notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property
situated, wholly or partly, within 1,000 feet of the tract to which the petition relates, insofar as the names
and addresses of such owners can reasonably be determined by the clerk from records maintained by the
assessor or from other appropriate records. After reviewing the report of the planner and hearing the oral
or written views of all interested persons, the commission shall make its decision at the same meeting or at
a specified future date and send its recommendation to the council. No new notice need be given for
hearings that are continued by the commission to a specified future date.
The commission may recommend approval by the council based upon, but not limited to, the following
factors:
(1) Is consistent with the comprehensive plan;
(2) Will not be detrimental to properties surrounding the tract;
(3) Will not result in an overly intensive land use;
(4) Will not result in undue traffic congestion or traffic hazards;
(5) Conforms to the provisions of this section and other applicable provisions of this Code; and
(6) Provides a proper relationship between the proposed improvements, existing structures, open space
and natural features.
Sec. 36-214. Council hearings and decision; zoning approval.
After review and recommendation by the planning commission, the city council shall conduct a public
hearing regarding the rezoning petition and site plan.A notice of the date, time, place and purpose of the
hearing shall be published in the official newspaper of the city at least ten days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each
owner of property situated, wholly or partly, within 1,000 feet of the tract to which the petition relates,
Ordinance No. 2015-07
Page 4
insofar as the names and addresses of such owners can reasonably be determined by the clerk from
records maintained by the assessor or from other appropriate records. After hearing the oral or written
views of all interested persons, the council shall make its decision at the same meeting or at a specified
future date. No new notice need be given for hearings that are continued by the council to a specified
future date. An affirmative vote of three-fifths of all members of the council shall be required to grant
rezoning approval. Provided, however, a rezoning from any residential zoning district to any nonresidential
zoning district shall require an affirmative vote of four-fifths of all members of the council. In granting
rezoning approval, the council may make modifications to the site plan and may impose conditions on its
approval of the site plan.
Sec. 36-21 S. Filing.
The approved site plan shall be filed in the planning department.
Sec. 36-216. Development.
The development of the tract shall be done and accomplished in full compliance with the approved €mal--site
plan, as modified by, and with the conditions made by,the council, and in full compliance with this chapter
and other applicable provisions of this Code. Applications for building permits shall be reviewed by the
planning department prior to issuance of such permits to determine if they conform to the provisions of
this chapter, the approved site plan, as modified by, and with the conditions made by, the council, and other
applicable provisions of this Code.
Sec. 36-217. - Changes to approved site plan.
Minor changes in the location and placement of buildings or other improvements may be authorized by the
planner. Proposed changes to the approved site plan affecting structural types, building coverage, mass,
intensity or height, allocation of open space and all other changes which affect the overall design of the
property shall be acted on, reviewed and processed by the commission and council in the same manner as
they reviewed and processed the fiW site plan, except that a three-fifths favorable vote of the council shall
be required to authorize the proposed change.
Sec. 36-218. Lapse of approved site plan by nonuser; extension of time.
(a) If a building permit has not been obtained, and if erection or alteration of a building, as described in
the application for site plan, has not begun within two years after site plan approval, the approval shall be
null and void unless a petition for extension of time in which to commence the proposed work or
improvements has been granted.
(b)A petition for extension shall be made in writing and filed with the city clerk within such two-year
period.The petition shall state reasons showing why a building permit has not been obtained, or why
erection or alterations have not commenced, and shall state the additional time requested to begin the
proposed work or improvement. The petition shall be presented to the council for hearing and decision in
the same manner as then required for an original application. The council may grant an extension of up to
one year upon finding that:
(1) There is a reasonable expectation that the proposed work or improvement will commence
during the extension; and
(2) The facts which were the basis for approving the final development plan have not materially
changed.
No more than one extension shall be granted.
Ordinance No. 2015-07
Page 5
Sec. 36-219. - Restriction on rezoning after denial of petition.
After the council has denied a petition for rezoning, the owner of the tract to which the petition related
may not file a new petition for a period of one year following the date of such denial for transferring the
same tract, or any part, to the same district or subdistrict (if the district has been divided into subdistricts)
to which such transfer was previously denied. Provided, however, that such petition may be filed if so
directed by the council on a three-fifths favorable vote of all members of the council after presentation to
the council of evidence of a change of facts or circumstances affecting the tract.
Section S. Section 36-255 of the Edina City Code is amended to read as follows:
Sec. 36-255. - Procedures.
(a) Preapplication conference. Prior to filing of an application for a PUD, the applicant must arrange for
and attend a conference with city staff. The primary purpose of the conference shall be to provide
the applicant with an opportunity to gather information and obtain guidance as to the general
suitability of the proposal for the area for which it is proposed and its conformity to the provisions
of this chapter before incurring substantial expense in the preparation of plans, surveys and other
data.
(b) Preapplication sketch plan review. Prior to filing of a PUD, the applicant is encouraged to submit a
sketch plan of the project to the city planner pursuant to section 36-126. The submittal should
include a statement providing justification for the PUD, including, but not limited to, the intended
utilization of the items listed in the purpose, intent and criteria in this subdivision.
(c) Planning commission and city council review. The planner shall refer the sketch plan to the planning
commission and city council for discussion, review and informal comment. Any opinions or
comments provided to the applicant by the planner, planning commission and city council shall be
considered advisory only and shall not constitute a binding decision on the request. There shall be
no official application made for a sketch plan. It is an informal review and comment by planning
commission and city council.
(d) Preliminary development plan and preliminary rezoning. Preliminary development plan submissions may
depict and outline the proposed implementation of the sketch plan for the PUD. The preliminary
development plan submissions shall include, but not be limited to, the submission requirements
stipulated in article 111 of this chapter. Preliminary rezoning process is stipulated in section 36 - 212-
214. Preliminary rezoning shall include first reading of an Ordinance Amendment creating a PUD
zoning district.
(e) Final development plan and final rezoning. After approval of the preliminary development plan, the
applicant may apply for a final development plan and final rezoning approval for all or a portion of
the PUD. The final development plan submissions shall include, but not be limited to, the
submission requirements stipulated in article III of this chapter. Final development plan and final
rezoning shall be heard before the city council. The final development plan and final PUD are
reviewed to ensure that the proposed final development plan is consistent with the preliminary
development plan and to address any new or outstanding concerns from preliminary approval.
Should the plans be revised by the applicant beyond the allowed plan modifications outlined in
section 36-130, the final development plan and final rezoning shall therefore follow the process
outlined in section 36-212-214, which requires review by both planning commission and city
council.
(f) Final rezoning to PUD. Final rezoning to PUD becomes official upon adoption of an ordinance
rezoning the property.
Ordinance No. 2015-07
Page 6
Section 6. Section 36-438 of the Edina City Code is amended to read as follows:
Sec. 36-438. Requirements for building coverage, setbacks and height.
(1) Building coverage.
e. The following improvements shall be excluded when computing building coverage:
I. Driveways and sidewalks, but not patios, subject to subsection (I)d.I of this
section.
2. Parking lots and parking ramps.
3. Accessory recreational facilities not enclosed by solid walls and not covered by a
roof, including outdoor swimming pools, tennis courts and shuffleboard courts.
4. Unenclosed steps and stoops less than 50 square feet.
S. Overhanging eaves and roof projections not supported by posts or pillars.
(2) Setbacks. Table is revised as follows:
......................... ..._......._.. ........_ _... .......... _.... _.....,_ _� _ .... _.._._ ........ _� _. _ .
Minimum setbacks, (subject to the FrontRear
requirements of subsection 36- Street !Side Street; Interior Side Yard Yard;
439_(1).
I. Single dwelling unit buildings on30'. ** 15' 10' 25'
lots 75 feet or more in width.
2. Single dwelling unit buildings on - �
lots more than 60 feet in width, E 30'** 15' The required interior yard setback shall; 25'
but less than 75 feet in width. I meet the table below:
_..............................: __.........................: _ _..W..............�. .. .... _ __._._ _......._......
_.._. _..._ _ ..
i
Lot Width Total Side Yard Setbacks from both Interior Side Lot Lines
-
� �� �.._.._ _.�.- ...
. _..
74 20'with no less than 10 feet on one side
73 20'with no less than 10 feet on one side
...._...._....._. m..... - ..... _. ....,.........._........�...._ _.._. . ...
.. _.
72 20'with no less than 10 feet on one side
71 19' 4" with no less than-9-feet on one side j
70 18' 8" with no less than 9 feet on one side
69 18'with no less than 9 feet on one side
_. _.f.. __
68 1 T 4" with no less than 8 feet on one side-
16' 8"
ide
67 16' 8" with no less than 8 feet on one side
..._._._._..�... ................. __ ,_ .._ __.._� ..W ..�.....__._ __. _...._. _ ._
66 16'with no less than 8 feet on one side
_.._ _._.._........_.... .w....
65
15'4" with no Tess than 7 feet on one side
6414'8" with no less than 7 feet on one side
63 14' with no less than 7 feet on one side
. .......... .e_ ......... _ i
62
13' 4" with no less than 6 feet on one side _.
12' 8" total with no less than 6 feet on one side
Interior Side
Front ( Side Yard °Ream;
Street Street Yard;
_
l
3. Single dwelling unit buildings onj 30'** 15' 12'total, with no less than 5' on one 125'
:lots between 50 and 60 feet in I j side
Ordinance No. 2015-07
Page 7
.. ._ _... _. ..... . ........_ . �.....i _ . �.. .
Minimum setbacks, (subject to the
requirements of subsection3b Front Side Street' Interior Side Yard Rearj
439(1) Street Yard
width
4. Single dwelling unit buildings on ,
* ,
lots less than 50 feet in width. 15 5 25
_......_...._.
5. Buildings and structures accessory to single dwelling unit buildings:
a. Detached garages, tool sheds,
greenhouses and garden houses **
30' 15' 3' 3'
entirely within the rear yard, j 1
.including the eaves. _ I
�s
b. Detached garages, tool sheds,
greenhouses and garden houses 30'** j 15' 5' S' j
not entirely within the rear yard. j
_. ._ ___. _�.. ._ ----- ------ . ................... _..._..
c. Unenclosed decks and patios. 30'** 15' 5' S'
__ __. �_._. - _.___-___._ ' .._..
_ __._.�.... ... ..�..
_-_
d. Swimming pools, including
appurtenant equipment and30'** 15' 10' 10'
required decking.
........._
e. Tennis courts, basketball -----------T -
t
courts, sports courts, hockey and
skating rinks, and other similar 30'** 15' 5' 5'
,recreational accessory uses
';including appurtenant fencing and
lighting. i
f. All other accessory buildings 30'** 15' 5' S'
and structures. € j
j (Window wells are exempt from the
g. Window wells. NA NA side yard setback requirement on one NA
j side.)
6. Other Uses:
a. All conditional use buildings or I 3
structures including accessory I
buildings less than 1,000 square 50' 50' i 50' 50'
feet; except parking lots, day care
facilities, pre-schools and nursery
schools
b. All conditional use accessory
buildings 1,000 square feet or 1 95' I 95' l 95' 95'
larger. I
c. Driving ranges, tennis courts, i _
maintenance buildings and
swimming pools accessory to a golfs 50' 50' SO' 50'
3
course. j
__..._..�. ..,.w_ .......
d. Daycare facilities, pre-schools 30' 35' 35' 35'
and nursery schools.
_._ _ ............._...._._.�......._.�....... _ _....._.
** See subsection_36�439(I) below for required 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.
Ordinance No. 2015-07
Page 8
Section 7. Section 36-439(1) of the Edina City Code is amended to read as follows:
(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:
I. 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. 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.
d. 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.
e. 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 8. Sections 36-466, and 36-467 of the Edina City Code are amended to read as
follows:
Sec. 36-466. Requirements for building coverage, setbacks and height.
(a) The requirements for building coverage, setbacks and height in the R-2 Double Dwelling Unit District
are as follows:
Ordinance No. 2015-07
Page 9
(1) Maximum building coverage: 25 percent.
(2) Setbacks (subject to the provisions of subsection (d) of this section).
a. Principal use buildings.
1. Front street setback: 30 feet.**
2. Side street setback: 15 feet.
3. Interior side yard setback:ten feet.
4. Rear yard setback: 35 feet.
b. Accessory buildings and structures. Setbacks for accessory buildings and structures shall be the
same as those required by this chapter for building and structures accessory to single dwelling
unit buildings in the R-I district.
**See section 36-439(1) for required 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.
(3) Height: 2%2 stories or 35 feet, whichever is less.
(b) The maximum height to the highest point on a roof of a double dwelling unit shall be 35 feet. The
maximum height may be increased by one inch for each foot that the lot exceeds 75 feet in width. In no
event shall the maximum height exceed 40 feet.
Sec. 36-467. Special requirements.
(a) Generally. In addition to the general requirements described in article XII, division 2 of this chapter, the
following special requirements shall apply:
(1) Application of requirements. Requirements for lot area and dimensions, building coverage,
setbacks and height shall be applied to the entire double dwelling unit building and the entire
lot, and shall ignore any subdivision of building and lot which has been, or may be, made in
order to convey each dwelling unit separately.
(2) Sewer and water connections. Each dwelling unit must be separately and independently connected
to public sanitary sewer and water mains, or shall have been granted a waiver thereof in
accordance with article X of chapter 10
(3) Subdivided R-2 lots. A double dwelling unit building and lot may be subdivided pursuant to
chapter 32 along the common party walls between the dwelling units, provided that:
a. A building permit has been issued and the building foundation is in place;
b. Each parcel resulting from the subdivision must have frontage on a public street of not less
than 25 feet;
c. The parcels resulting from the subdivision shall each comprise approximately the same
number of square feet; and
d. A rear yard not less than 25 feet in depth must be provided for each dwelling unit.
Section 9. Section 36-525 of the Edina City Code is amended to read as follows:
Ordinance No. 2015-07
Page 10
Division 6. Planned Residence District (PRD).
Sec. 36-525. Requirements for building coverage, setbacks and height.
(c) Maximum building height
PRDy-1, 2 See article XI, division 2 of this chapter, Building Height Overlay District and appendix A of
he city's official zoning map
PRD-3 See article XI,mdivision 2 of this chapter, Building Height Overlay District and appendix A of
the city's official zoning map
PRD-4, 5 See article XI, division 2 of this chapter, Building Height Overlay District and appendix A of
(the city's official zoning map
_.._... ....... ._.. �,--------------- .... ............................ ......... ..,.....
PSR-3
S
ee article XI, division 2 of this chapter, Building Height Overlay District and appendix A of
city's official zoning map _
PSR-4_ See article XI, division-2of this chapter, Building Height Overlay District and appendix A of
he city's official zoning map
Section 10. Section 36-1270 of the Edina City Code is amended to add the following:
Sec. 36-1270. - Nonconforming uses, buildings and lots.
(a) Nonconforming buildings.
(1) Alterations, additions and enlargements.
a. A nonconforming building, other than a single dwelling unit building, shall not be added
to or enlarged, in any manner, or subjected to an alteration involving 50 percent or
more of the gross floor area of the building, or 50 percent or more of the exterior wall
area of the building, unless such nonconforming building, including all additions,
alterations and enlargements, shall conform to all of the restrictions of the district in
which it is located. The percentage of the gross floor area or exterior wall area
subjected to an alteration shall be the aggregate percentage for any consecutive three-
year period.
b. Alternate setbacks. An addition to a single dwelling unit building with a nonconforming
setback, or an addition to a structure accessory to a single dwelling unit building with a
nonconforming setback, may be constructed within the existing nonconforming setback,
which is the shortest distance from the applicable lot line to the existing structure,
subject to the following limitations:
1. The addition shall not exceed the existing square footage encroachment into the
nonconforming setback or 200 square feet, whichever is less; and
2. The addition may only be constructed on the same floor as the existing
encroachment into the nonconforming setback.
(2) Nonconformities. Except as provided in article X of this chapter, any nonconformity, including
the lawful use or occupation of land or premises existing at the time of the adoption of an
additional control under the ordinance from which this chapter is derived, may be
continued, including through repair, replacement, restoration, maintenance or
Ordinance No. 2015-07
Page I I
improvement, but not including expansion, except as specifically provided in this chapter,
unless:
a. The nonconformity or occupancy is discontinued for a period of more than one year; or
b. Any nonconforming use is destroyed by fire or other peril to the extent of greater than
50 percent of its market value and no building permit has been applied for within 180
days of when the property is damaged. In these cases, the city may impose reasonable
conditions upon a building permit in order to mitigate any newly created impact on
adjacent property. Any subsequent use or occupancy of the land or premises shall be a
conforming use or occupancy.
(b) Nonconforming lots. A nonconforming lot in the R-I district used or intended for a single dwelling
unit building shall be exempt from the width, depth, area and lot width to perimeter ratio
requirements of this chapter, provided, that the lot:
(1) Is not less than 50 feet in width;
(2) Is not less than 100 feet in depth;
(3) Has at least 30 feet frontage on a street; and
(4) Has not been, at any time since October 22, 1951, held in common ownership with all or
part of an adjoining or abutting lot or parcel which, together, complied with the minimum
width, depth and area and lot width to perimeter ratio requirements imposed by this
chapter. If such lot and adjoining or abutting lot or parcel has been held in such common
ownership, then the property so held in common ownership shall be subject to the
following:
a. If a nonconforming lot or parcel is, or at any time since October 22, 1951, has been, held
in common ownership with all or part of an adjoining or abutting parcel or lot which
together comply with, or come close to complying with, the minimum width, depth,
area, and lot width to perimeter ratio, requirements of this chapter, then such
nonconforming lot or parcel and such adjoining or abutting parcel or lot shall be
considered as one lot and shall not be decreased in size below such minimum
requirements.
b. If in a group of two or more adjoining or abutting lots or parcels owned or controlled by
the same person, any single lot or parcel does not meet the full minimum depth, width,
area or lot width to perimeter ratio requirements of this section, such single lot or
parcel shall not be considered as a separate lot or parcel able to be conveyed and
developed under this Code.
(c) Nonconforming lots. An existing nonconforming lot in the R-2 district used or intended for a double
dwelling unit building shall be exempt from the width, depth, area and lot width to perimeter ratio
requirements of this chapter provided the lot is at least 50 feet in width and has at least 30 feet of
frontage on a street.
Section 11. This ordinance is effective upon publication.
First Reading: May 6, 2015
Second Reading: May 19, 2015
Published: June 4, 2015
Ordinance No. 2015-07
Page 12
Attest
Debra A. Mangen, City Clerk/j Hovland, Mayor
PLEASE PUBLISH IN THE Edina SUN CURRENT, THURSDAY, JUNE 4, 2015
SEND TWO AFFIDAVITS OF PUBLICATION
BILL TO EDINA CITY CLERK
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN )
Charlene Vold being duly sworn on an oath,
states or affirms that they are the Authorized
Agent of the newspaper(s)known as:
SC Edina
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02, §331A.07, and
other applicable laws as amended.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) for 1 succes-
sive issues; the first insertion being on
06/04/2015 and the last insertion being on
06/04/2015.
By: Cw �1,I V )LL
Authorized Agent
Subscribed and sworn to or affirmed before
me on 06/04/2015.
Notary Public
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Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
534.45 per column inch
Ad ID 399047
14 Edina Sun Current Current.mnsun.com ThursdaY,June ,2015
LEGAL NOTICES
City of Edina e.The following improvements shall be excluded when computing building coverage:
1 Driveways and sidewalks,but not patios,subject to subsection(1)d.t of this section.
(Official Publication) 2.parking lots and parking ramps.
ORDINANCE NO.2015-07 3.Accessory recreational facilities not enclosed by solid walls and not covered by a roof,including
AN ORDINANCE AMENDING CHAPTERS 32 outdoor swimming pools,tennis courts and shufFleboard courts.
AND 36 OF THE EDINA CITY CODE 4.Unenclosed steps and stoops less than 50 square feet.
5.Overhanging eaves and roof projections not supported by posts or pillars.
The City Council Of Edina Ordains: (2)Setbacks.Table is revised as follows:
Section 1.Section 32 of the Edina City Code is amended to read as follows: -
Sec.32-6.Plat not required.
(a)Double dwelling units.No plat shall be required for subdivisions of lots in Double Dwelling Unit Districts but Minimum setbacks, (subject to Front Side Interior Rear
only a Party wall division pursuant to subsection(c)of this section shall be required. the requirements of subsection 36- Street Street Side Yard Yard
(b)Lot line adjustment.No plat shall be required for any lot line adjustment which adjusts or relocates a com- 439(1).
mon lot line separating two lots and which does not create a new undeveloped parcel,tract or lot that complies, 1.Single dwelling unit buildings 30'^ 15' 10' 25'
alone or In combination with one or more other parcels,tracts or lots,with the applicable minimum lot area and on lots 75 feet or more in width.
other requirements of this chapter and section.
(c)Procedure.Lot line adjustments may be approved by the city planner rt the fallowing conditions are met: 2.Single dwelling unit buildings 30'^ 15' The required interior yard set- 25'
(1)Lot Line Adjustment Conditions. on lots more than 60 feet in width, back shall meet the table below:
a.The new legal descriptions for the properties are metes and bounds; but fess than 75 feet in width.
b.The adjustment does not result in the creation of a new lot,does not make one of the lots large
enough to be eligible for further subdivision,and does not make an unbuildable lot buildable;and Lot Width Total Side Yard Setbacks from both Interior Side Lot Lines
c.The resulting parcels meet all applicable ordinance requirements,except that if one of the parcels
was previously non-conforming,it must become more conforming as a resurt of the subdivision. 74 20'with no less than 10 feet on one side
(2)Party all Division Conditions, 73 20'with no less than 10 teat on one side
.The new legal descnptions for the properties are metes and bounds;
b.The multi-family building is already built; 72 20'with no less than 10 feet on one side -
c.The lot insist Is along an existing,common wall;
d.The division does not make one of the lots large enough to be eligible for further subdivision; 71 19'4"with no less than 9 feet on one side
new lot line;
e.Verification has been provided that the building would meet building code requirements with the 70 18'8"with no less than 9 feet on one aide
f.The following items are submitted for review by the city attomey,who will designate which items 69 18'with no less than 9 feet on one side
must be recorded:
1. Documents establishing how the building,common sewer and water lines and any common drives will be 68 17'4"with no less than 8 feet on one side
maintained and who will be responsible;and 67 16'8"with no less than 8 feet on one side
2.Common access easements for each lot.
(3)Application Process. 66 16'with no lass than 8 feet on one side
a.An application to adjust a lot line between two existing lots or divide a lot along an existing parry wall(s)of 65 15'4"with no less than 7 feet on one side-
a multi-family building must submitted to the planning division.The application must be accompanied by all of
the following: 64 14'8"with no lass than 7 feet on one side
1.An application fee.
2.A full legal description of the existing properties,as documented by current land title records. 63 14'with no less than 7 feet on one side
3.An existing conditions survey.The survey must include:lot dimensions,all platted and recorded easements, 62 13'4"with no less than 6 feet on one side
all existing structures with dimensions to show size and location,structure setbacks from all property lines,and
the location of existing driveways and utility lines. 61 12'8"total with no less than 6 feet on one side
4.A proposed conditions survey.The survey must include:the proposed lot lines,all platted,recorded,and
proposed easements,all existing structures with dimensions to show size and location,structure setbacks from Front Side Interior Side Yard Rear
all property lines,and the location of existing driveways and utility lines. StreetStreet Yard
5.Evidence of the current condition of title to the land affected by the lot line adjustment,which may include
an abstract of title or registered property abstract or a commitment for an owner's policy of title insurance.The 3.Single dwelling unit buildings on 101- 15' 12'total,with no less 25'
city attorney may require the applicant to also provide copies of recorded instruments that are referenced in the lots between 50 and 60 feet in width. than 5'on one side
submitted title evidence.
b.After receipt of the application,the city planner will consider the subdivision's consistency with this ordi- 4 Single dwelling unit buildings on 30'^ 15' S' 25'
nonce
Tots less than 50 feet in width.
Section 2.Sec.36-10,Definitions is amended to add the following definition: 5.Buildings and structures acces-
Window well.Means the space maintained around a below-grade window and the surrounding soil.Required scry to single dwelling unit buildings:
setback for window wells shall be measured from the outer edge of the supporting structure of the window well.
Section 3.Sec.36-130,Plan Modifications is amended to read as follows: Detached garages,.tool sheds, 30'^ 15' 3' 3'
Sec.36-130.-Plan modifications. greenhouses and garden houses entirety
(a)Minor changes may be authorized by the planner only one time.Changes are considered minor if: within the rear yard,including the eaves.
(1)There is no Increase to the proposed number of dwelling units; b. Detached
(2)Any proposed increase in the floor area of structures on site does not exceed five percent of the garages,tool sheds, 30'^ 15' S' S'
gross tire
floor area; greenhouses and garden houses not an-
(3)All proposed rely within the rear yam.visions comply with Code requirements; ,
(4)There is no change to any condition required in a site plan approval,including building materials c. Unenclosed decks and patios. 30' 15' 5' 5'
and calor;
(5)The property is not located in an Edina Heritage Landmark District; d. Swimming pools,including appur- 30'^ 15' 10' 10'
(6)Impervious surface does not increase by more than five percent,unless to add required parking tenant equipment and required decking.
stalls to comply with a proof of parking plan; e. Tennis courts,basketball courts, 30'" 15' 5' 5'
(7)There is no change to on-site circulation patterns or access to the site;and sports courts,hockey and skating ranks,
(8)Trees to be planted as part oftheapproved site plan may be relocated but not decreased in number. and other similar recreational accessory
(b)All other plan modifications shall be acted on,reviewed and processed by the commission and council in he
including appurtenant fencing and
the same manner as they reviewed and processed the site plan. lighting.
Section 4.Chapter 36.Article IV.Subdivision II,procedure for rezoning in the Edina City Code is amended to
read as follows: C All other accessory buildings and 30' 15' 5' 5'
Subdivision H.-Procedure for Rezoning structures.
Sec.36-212.Rezoning and site plan. g. Window wells. NA NA 3'
The petition for rezoning shall include a site plan with the required data and information in article III of this
chapter. (Window wells are exempt from the NA
Sec.36-213.Planning commission review and hearing. side yard setback requirement on one
Upon receipt of the petition,fee and all other required information,in form and substance acceptable to the side.)
planner,the planner will review the petition,site plan and the other information provided by the petitioner,and for-
ward a report to the planning commission.The commission shall conduct a public hearing regarding the petition 6.Other Law:
and site plan.A notice of the date,time,place and purpose of the hearing shall be published in the official news- . All conditional use buildings or 50' 50' 50' S0'
paper of the city at least ten days prior to the date of the hearing.A similar notice of hearing shall be mailed at structures including accessory buildings
least ten days before the date of the hearing to each owner of property situated,wholly or partly,within 1,000 feet less than 1,000 square feet;except park-
of the tract to which the petition relates,insofar as the names and addresses of such owners can reasonably be ing lots day care facilities,pre-schools
determined by the clerk from records maintained by the assessor or from other appropriate records Atter haw - a nurseschools I�
ing the report of the planner and hearing the oral or written views of all interested persons,the commission shall
Mits decision at the same meeting or at a specified future date and send its recommendation to the council. b. A11"'c onditional use accessory 95' 95' 95' 95'
No—nntiln—H to liven fnr hna� Thal aro m..fi�,ten h.i lite�,..,..-,�«�.....,..,�..�..�5...0 r�.w..e a_.., w...u..,__. en__.._._s__.
i
i
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._-. ................_....p_..._._.-__...uncil_'_._..-,............no.,mited.........efol,.o..e.
The commission may recommend approval by the council based upon,but not limited to,the following factors: Driving(1)Is consistent with the comprehensive plan; 9 ranges, tennis courts, 50' 50' 50' S0'
(2)Will not be detrimental to properties surrounding the tract; aintenance buildings and swimming
(3)Will not mauft in an overly intensive land use; pools accessory to a golf coume.lm
(4)Will not result in undue traffic congestion or traffic hazards; d. Daycare facilities, pre-schools 30' 35' 35' 35'
(5)Conforms to the provisions of this section and other applicable provisions of this Code;and and nursery schools.
(6)Provides a proper relationship between the proposed improvements,existing structures,open space and
mat ral features. "See subsection 36-439(1)below for required setback when more than 25 percent of the lots on one side of
sec.36-214.Council hearings and decision;zoning approval. a street between street intersections,on one[side]of a street that ends in a cul-de-sac,or on one sitle of a dead
After review and recommendation by the planning commission,the city council shall conduct a public hearing end street are occupied by dwelling unhs.
arding the rezoning petition and site plan.A notice of the date,time,place and purpose of the hearing shall Section r Section 36-439(1)of the Edina City Code is amended to read as follows:
to published 1 in the official newspaper of the city at least ten days prior to the date of the hearing.A similar notice (1)Special setback requirements for single dwelling unit lots.
II nrg shall be mailed at least ten days before the date of the hearing to each owner of property situated, (1 Established front street setback.When more than it percent of the lots on one side of a street between
wF+o y
or-partly,y,within 1,000 feet of the tract to which the petition relates,insofar as the names and addresses of street intersections,o t one side of a street that ends in a cul-de-sac,or on one side of a dead-end street,are
such owners can reasonably be determined by the clerk from records maintained by the assessor or from other occupied by dwelling units,the front street setback for any lot shall be determined as follows:
appropriate records.After hearing the oral or written views of all interested persons,the council shall make its 1.If there is an existing dwelling unit on an abutting lot on only one side of the lot that has afront street setback
decision at the same meeting or at a specified future date.No new notice need be given for hearings that are on the same street,the front street setback requirement shall be the same as the front street setback of the dwell-
coptinued by the council to a specified future date.An affirmative vote of three-fifths of all members of the council ing unit on the abutting lot on the same street;or the front street setback shall be the average front street setback
shhllbbrquired to grant rezoning approval.Provided,however,a rezoning from any residential zoning district to of all other dwelling units on the same side of that street,between intersections.
arty nonresidential zoning district shall require an affirmative vote of four-fifths of all members of the council.In 2.If there are existing dwelling units on abutting lots on both sides of the lot that both have a front street
griming rezoning approval,the council may make modifications to the site plan and may impose contlitions on setback on the same street,the front street setback shall be the average of the from street setbacks of the dwell-
Rslapproval of the site plan. 9
Sec.36-215.Filing. Ing units on the two abutting lots on the same street;or the front street setback shall be the average front street
The approved site plan shall be filed in the planning department. setback of all other dwelling units on the same side of that street,between intersections.
Sec.36-216.Development. b.Side street setback.The required side street setback shall be increased to that required for a front street
The development of the tract shall be done and accomplished in full compliance with he approved final site setback where there is an adjoining Interior lot facing on the same street.The required side street setback for a
Firm,as modified by,and with the conditions made by,the council,and in full compliance with this chapter and garage shall be increased to 20 feet if the garage opening faces the side street.
other applicable provisions of this Code.Applications for building permits shall be reviewed by the planning .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
department to Issuance of such permits to determine if the conform to the rearadip and there is no rear lot line,then,for setback purposes,the rear lot line shall be deemed to be a straight line
roved site
jr p y provisions of this chapter,the segment within the lot not less than 30 feet in length,perpendicular to a line drawn from the midpoint of the front
pan,as modified by,and with the conditions made by,the council,and other applicable provisions lot line to the junction of the interior lot lines,and at the maximum distance from the front lot line.
W This Code. J.Rear yard setback,corner lots required to maintain two front street setbacks.The owner of a corner to
Sec.36-217.-Changes to approved site plan. required to maintain two front street setbacks may designate any interior lot line measuring 30 feel or more in
Minor changes in the location and placement of buildings or other improvements may be authorized by the length as the rear lot line for setback purposes.In the alternative,the owner of a corner lot required to maintain
planner.Proposed changes to the approved site plan affecting structural types,builtling coverage,mass,intensity qui
or'hei ht,allocation of opens g design property shall two front street setbacks may deem the rear lot line to be a straight line segment within the lot not less than 30
9 pace and all other changes which affect the overall manner
of the feet in length,perpendicular to a line drawn from the junction of the street frontages to the junction of the interior
b9 acted on,reviewed and processed by the commission and council in the same manner as they reviewed and lot lines,the line segment being the maximum distance from the junction of the street frontages.
prpcessed the final site plan,except that a three-fifths favorable vote of the council shall be required to authorize e.Thmugh lots.For a through lot,the required setback for all buildings and structures from the street upon
hg proposed change. which the single dwelling unit building does not front shall be not less than 25 fee[.
Sec.a build.Lapse of approved site plan by nonuser;extension al time. Section 8.Sections 36-466,and 36-467 of the Edina City Code are amended to read as follows:
()If a building permit
unit has not begun wbeen b hin two and R erection or alteration a a building,al described in the Sec.36-466.Requirements for building coverage,setbacks and height.
lication for site Ian,has not years after site plan approval,the approval shall be null and (a)The re uirements for buildin
tl unless a petition for extension of time in which to commence the proposed work or improvements has been q g coverage,setbacks and height in the R-2 Double Dwelling Unit District are
g tried. - as follows:
(b)A petition for extension shall be made in writingd filed with the city clerk within such two-year (1)Maximum building coverage:25 percent.
an ty y period.The (2)Setbacks(subject to the provisions of subsection(d)of this section).
Rion shall state reasons showing why a building permit has not been obtained,or why erection or alterations a.Principal use buildings.
e not commenced,and shall state the additional time requested to begin the proposed work or improvement. 1.Front street setback:30 feet.-
petition
shall be presented to the council for hearing and decision in the same manner as then required for an 2.Side street setback:15 feet.
o ginal application.The council may grant an extension of up to one year upon finding that: 3.Interior side yam setback:ten feet
(1)There is a reasonable expectation that the proposed work or improvement will commence during the exten 4.Rear yard setback:35 feet.
Sion;and b.Accessorybuildings and structures.Setbacks for accessory buildings
(2)The facts which were the basis for approving the final development plan have not materially changed. g ry in and structures shall be the same as
No more than one extension shall be ted. those required by this chapter for building and structures accessory to single dwelling unit buildings in the R-1
gran district.
Sec.36-219.-Restriction on rezoning after denial of petition. See section 36-439(1)for required setback when more than 25 percent of the lots on one side of a street
After the council has denied a petition for rezoning,the owner of the tract to which the petition related may not 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
fil anew petition for a period of one year following the date of such denial for transferring the same tract,or any are occupied by dwelling units.
,,to the same district or subdistrict(if the district has been divided into subdistricts)to which such transfer was (3)Height 2h stories or 35 feet,whichever is less.
ously denied.Provided,however,that such petition may be filed if so directed by the council on a three-fifths (b)The maximum height to the highest point on a roof of a double dwelling unit shall be 35 feet.The maximum
f ombie vote of all members of the council after presentation to the council of evidence of a change of facts or height may be increased by on inch for each foot that the lot exceeds 75 feet in width.In no event shall the
ci umstances affecting the tract. um height exceed 40 feet.
Section 5.Section 36-255 of the Edina City Code is amended to mad as follows: maxim.m height
Special requirements.
Sec.36-255.-Procedures. (a)Generally.In addition to the I r
(a)Preapplication conference.Prior to filing of an application for a PUD,the applicant must arange for and y genera requirements described in article XII,division 2 of this chapter,the fol-
and a conference with citystaff.The lowing special requirements shall apply:
primary purpose of the conference shall be to provide the applicant with (1)Application of requirements.Ra
opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area double
dwelling
for lot area and dimensions,building coverage,set-
ty provisions m this chapter before incurring backs and height shall be applied to the entire double dwelling unit building and the entire lot,and shell ignore any
which R is proposed and its conformity to the p g substantial expense subdivision of buildingand lot which has been,or may be,made in order to cone each dwellin
in the preparation of plans,surveys and other data. Y y e unit separately.
(b)Preapplication sketch plan review.Prior to fling of a PUD,the applicant is encouraged to submit a sketch public Sewer and water connections.Each dwelling unit must be separately and independently with
p n of the project to the city planner pursuant to section 36-126.The submittal should include a statement netted to public sanitary sewer and water mains,or shall have been granted a waiver thereof in accordance with
p viding justification for the PUD,including,but not limited to,the intended utilization of the items listed in the article X of chapter 10
P
MOSS,
p. intent and criteria in this subdivision. (3)Subdivided R-2 lots.A double dwelling unit building and lot may be subdivided pursuant to chapter
j (c)Planning commission and city council review.The planner shall refer the sketch plan to the planning coo- 32 along the common paA building permit has been issued and the building foundation is in place;walls between the dwelling units,provided that:
.
ssion and city council for discussion,review and informal comment.Any opinions or comments provided to the b.Each parcel resulting from the subdivision must have frontage on a public
nstreet of not
applicant by the planner,planning commission and city council shall be considered advisory only and shall not less than 25 feet;
constituate a binng decision on the Thre shall be no request. eofficial application made for a sketch plan.It is an c.The parcels resulting from the subdivision shall each comprise approximately the same
orml reviewdiand comment by planning commission and city council number of square feet;and
(d)Preliminary development plan and preliminary rezoning.Preliminary development plan submissions may d.A rear yard not less than 25 feet in depth must be provided for each dwelling unit.
ddpict and outline the proposed implementation of the sketch plan for the PUD.The preliminary development Section 9.Section 36-525 of the not l ssCitt Code is amended h read as follows:
pn submissions shall include,but not be limited to,the submission requirements stipulated in article III of this Division B.Planned Residence District(PRD).
S
pter.Preliminary rezoning process is stipulated in section 36-212-214.Preliminary rezoning shall include first Sec.36-525.Requirements for building coverage,setbacks and height.
reading of an Ordinance Amendment creating a PUD zoning district. (c)Maximum building height.
(e)Final development plan and final rezoning.After approval of the preliminary development plan,the applicant PRD-1,2 Sae article XI,division 2 of this chapter,Building Height Overlay District and appendix A of the city's
rrlay apply for a final development plan and final rezoning approval for all or a portion of the PUD.The final level- official zoning ma
opment plan submissions shall include,but not be limited to,the submission requirements stipulated in article III PRD-3 S article XI,division 2 of this chapter,Building Height Overlay District and appendix A of the city's
of this chapter Final development rezoning city council.The final develop-
p pment plan and final rezonin hall be heard before the ci P- official zoning map
Ment plan and final PUD are reviewed to ensure that the proposed final development plan is consistent with the PRD-4,5 See article XI,division 2 of this chapter,Building Height Overlay Distinct and appendix A of the city's
pleimin ry development plan and to address any new or outstanding concerns from preliminary approval.Should official zoning map
the plans be revised by the applicant beyond the allowed plan modifications outlined in section 36-130,the final pSR-3 See article A.division 2 of this chapter,Building Height Overlay District and appendix A of the city's
dlvelopment plan and final rezoning shall therefore follow the process outlined in section 36-212-214,which official zoning map
requires review by both planning commission and city council. PSR-4 See article XI,division 2 of this chapter,Building Height Overlay District and appendix A of the city's
(f)Final rezoning to PUD.Final rezoning to PUD becomes official upon adoption of an ordinance rezoning the official zoning map
property. Section 10.Section 36-1270 of the Edina City Code is amended to add the following:
Section 36-438 of the Edina City Code is amended to read as follows: Sec.36-1270.-Nonconforming uses,buildings and lots.
Sec.36-438.Requirements for building coverage,setbacks and height.
(1)Building coverage, (a)Nonconforming buildings.
Continues Next Page
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN )
Charlene Vold being duly sworn on an oath,
states or affirms that they are the Authorized
Agent of the newspaper(s)known as:
SC Edina
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02, §331A.07, and
other applicable laws as amended.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) for 1 succes-
sive issues; the first insertion being on
06/04/2015 and the last insertion being on
06/04/2015.
By: Ct" ,Y c
Authorized Agent
Subscribed and sworn to or affirmed before
me on 06/04/2015.
Notary Public
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INLINE tPU:ibNC4AW%9ft
ACPHE W
Notary MyCorm�ltag0w Jen 81,ZQ19
Rate Information:
(I)Lowest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 399123
(1)Alterations,additions and enlargements.
a.A nonconforming building,other than a single dwelling unit building,shall not be added to or enlarged,in
any manner,or subjected to an alteration involving 50 percent or more of the gross floor area of the building,or 50
percent or more of the exterior wall area of the building,unless such nonconforming building,including all addi-
tions,alterations and enlargements,shall conform to all of the restrictions of the district in which it is located.The
percentage of the gross floor area or exterior wall area subjected to an alteration shall be the aggregate percentage
for any consecutive three-year period.
b.Alternate setbacks.An addition to a single dwelling unit building with a nonconforming setback,or an addi-
tion to a structure accessory to a single dwelling unit building with a nonconforming setback,may be constructed
within the existing nonconforming setback,which is the shortest distance from the applicable lot line to the exist-
ing structure,subject to the following limitations:
1.The addition shall not exceed the existing square footage encroachment into the nonconforming setback or
200 square feet,whichever is less;and
2.The addition may only be constructed on the same floor as the existing encroachment into the nonconform-
ing setback.
(2) Nonconformities. Except as provided in article X of this chapter,any nonconformity, including the lawful
use or occupation of land or premises existing at the time of the adoption of an additional control under the ordi-
nance from which this chapter is derived,may be continued,including through repair,replacement,restoration,
maintenance or improvement,but not including expansion,except as specifically provided in this chapter,unless:
a.The nonconformity or occupancy is discontinued for a period of more than one year;or
b.Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of
its market value and no building permit has been applied for within 180 days of when the property is damaged.In
these cases,the city may impose reasonable conditions upon a building permit in order to mitigate any newly cre-
ated impact on adjacent property.Any subsequent use or occupancy of the land or premises shall be a conforming
use or occupancy.
(b) Nonconforming lots.A nonconforming lot in the R-1 district used or intended for a single dwelling unit
building shall be exempt from the width,depth,area and lot width to perimeter ratio requirements of this chapter,
provided,that the lot:
(1)Is not less than 50 feet in width;
(2)Is not less than 100 feet in depth;
(3)Has at least 30 feet frontage on a street;and
(4)Has not been,at any time since October 22,1951,held in common ownership with all or part of an
adjoining or abutting lot or parcel which,together,complied with the minimum width,depth and area and lot width
to perimeter ratio requirements imposed by this chapter.If such lot and adjoining or abutting lot or parcel has been
held in such common ownership,then the property so held in common ownership shall be subject to the following:
a.If a nonconforming lot or parcel is,or at any time since October 22,1951,has been,held in common
ownership with all or part of an adjoining or abutting parcel or lot which together comply with,or come close to
complying with,the minimum width,depth,area,and lot width to perimeter ratio,requirements of this chapter,
then such nonconforming lot or parcel and such adjoining or abutting parcel or lot shall be considered as one lot
and shall not be decreased in size below such minimum requirements.
b.If in a group of two or more adjoining or abutting lots or parcels owned or controlled by the same
person,any single lot or parcel does not meet the full minimum depth,width,area or lot width to perimeter ratio
requirements of this section,such single lot or parcel shall not be considered as a separate lot or parcel able to be
conveyed and developed under this Code.
(c)Nonconforming lots.An existing nonconforming lot in the R-2 district used or intended for a double dwell-
ing unit building shall be exempt from the width,depth,area and lot width to perimeter ratio requirements of this
chapter provided the lot is at least 50 feet in width and has at least 30 feet of frontage on a street.
Section 11.This ordinance is effective upon publication.
First Reading:May 6,2015
Second Reading:May 19,2015
Published:June 4,2015
Attest
Debra A.Mangen,City Clerk James B.Hovland,Mayor
PLEASE PUBLISH IN THE Edina SUN CURRENT,THURSDAY, JUNE 4,2015
SEND TWO AFFIDAVITS OF PUBLICATION
BILL TO EDINA CITY CLERK
399123 Ordinance 2015-07 6/4/15