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HomeMy WebLinkAboutResolution No. 2019-50 Oaklawn Ave Prelimary Plat with VariancesRESOLUTION NO. 20 1 9-50 APPROVING A PRELIMINARY PLAT WITH VARIANCES AT 5841 OAKLAWN AVENUE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section I. BACKGROUND. 1.01 Steve Sandberg is proposing to subdivide his property at 5841 Oaklawn into two lots. The existing home on the lot would be torn down, and two new homes built on the new parcels. Both lots would gain access off of Oaklawn Avenue. There is an existing pedestrian and utility easement located over a vacated right-of-way of a portion of 59th Street, that would remain in place. 1.02 Within this neighborhood, the median lot area is 6,721 square feet, median lot depth is 134 feet, and the median lot width is 50 feet. 1.03 The following described tract of land is requested to be divided: Lots 13 and 14, Fairfax Addition, Hennepin County, Minnesota. 1.04 To accommodate the request the following is required: 1. A subdivision; 2. Lot width variances from 75 feet to 50 feet for Lot 2; 3. Lot area variances from 9,000 square feet to 8,793 and 6,694 square feet; and 4. Setback variances for Lot I — from 25 feet to 10 feet from 59th Street and 10 feet to 5 feet on the north lot line. 1.05 The Subject Property is guided Single Family Residential under the City's Comprehensive Plan and is zoned R-1, Single Dwelling Unit District. 1.06 On June 26, 2019 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. The Planning Commission recommended approval of the Preliminary Plat and Variances. Vote: 7 Ayes and 0 Nays. 1.07 On July 16, 2019, the City Council held a public hearing on the proposed subdivision and variances. CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0390 Resolution No. 2019-50 Page 2 Section 2. FINDINGS 2.01 Approval is based on the following findings: I. Except for the variances, the proposal meets the required standards and ordinance for a subdivision. 2. The proposal re-establishes the original plat of two lots, with the exception of the vacated right-of-way. 3. The proposed lots would be similar in size than all lots on Oaklawn Avenue. 4. The utility and pedestrian easement located over the south 30 feet of Lot I shall remain in place. 5. The proposal meets the required standards for a variance, because: a. There is a unique practical difficulty to the property caused by actions of a previous property owner that developed two lots into one. b. The requested variances are reasonable in the context of the immediate neighborhood. The existing lot is both larger and wider than most properties in the area, including the adjacent lots to the east, west and south. The proposed subdivision would result in two lots more characteristic of the neighborhood. c. The practical difficulty in regard to the setback is caused by the location of the 59th Street right-of-way located in the southeast corner of the property, and the pedestrian and utility easement over the south 30 feet of Lot I. d. The ten foot setback requested to the 59th Street right-of-way is similar to a variance received by the property to the south. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves the Preliminary Plat and lot width variances from 75 feet to 50 feet for Lot 2, lot area variances from 9,000 square feet to 8,793 and 6,694 square feet, and setback variances for Lot I — from 25 feet to 10 feet from 59th Street and 10 feet to 5 feet on the north lot line. Approval is subject to the following Conditions: I. The City must approve the final plat within one year of preliminary approval or receive a written application for a time extension or the preliminary approval will be void. 2. Prior to issuance of a building permit, the following items must be submitted: Resolution No. 2019-50 Page 3 a. Submit evidence of Minnehaha Creek Watershed District approval. The City may require revisions to the preliminary plat to meet the district's requirements. b. A curb-cut permit must be obtained from the Edina engineering department. c. A grading, drainage and erosion control plan subject to review and approval of the city engineer. The proposed plans shall meet all conditions outlined in the engineering memo dated June 18, 2019. d. There shall be no increase in peak rate or volume to neighboring private property. e. Any disturbance to the roadway caused by the construction of the new homes must be repaired by replacing the asphalt pavement from curb-to-curb and from saw-cut to saw-cut. f. A construction management plan will be required for the construction of the new homes. g. Utility hook-ups are subject to review of the city engineer. 3. No structure shall be constructed within the utility and pedestrian easement located over the south 30 feet of Lot I. 4. The building height on Lot I shall be regulated as a 50 foot wide lot. No taller than 35 feet to the ridge line. 5. The existing driveway connected to 59th Street shall be eliminated. 6. The drainage plans shall connect to the drain tile system along the east lot line subject to review and approval of the city engineer. 7. The pedestrian and utility easement along the south lot line of Lot I shall be increased from 10 feet to 20 feet and shown on the Final Plat. Of ° Sharon Lison, City Clerk James B. Hovland, Mayor ATTEST: Resolution No. 2019-50 Page 4 Adopted this 16th day of July 2019. STATE OF MINNESOTA COUNTY OF HENNEPIN )SS CITY OF EDINA CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of July 16, 2019, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this t_____ day of , 2019. City Clerk