HomeMy WebLinkAboutResolution No. 2012-033 Finding of Fact Denying Preliminary Plat 6109 Oaklawn Avenue /vl��1ti1
RESOLUTION NO.2012-33
DENYING A PRELIMINARY PLAT AND VARIANCES
FOR PROPERTY AT 6109 OAKLAWN AVENUE IN EDINA
BE IT RESOLVED by the City Council of the City of Edina,Minnesota,as follows: ay Of Edina
Section 1. BACKGROUND.
1.01 The Applicant, Refined, LLC,is requesting Preliminary Plat approval and zoning ordinance
variances for property with a street address of 6109 Oaklawn Avenue legally described as:
Lots 22 and 23, Block 23,Fairfax, Hennepin County, Minnesota ("Subject Property").
1.02 The two lots that constitute the Subject Property are held in common ownership. Subsection
850.07,Subd. 20B4a of the Zoning Ordinance provides: "If a non-conforming 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
Section, then such non-conforming 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. 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."
1.03 The Subject Property is guided Single Family Residential under the City's Comprehensive
Plan and is zoned R-1,Single Dwelling Unit District.
1.04 The Applicant proposes to subdivide and plat the Subject Property into two lots: Lots 1 and 2,
Block 1,Annabelle Addition.
1.05 The lots in the proposed subdivision require the following zoning ordinance variances:
1. Lot width variances from the 75 feet required in the R-1 zoning district to 50 feet for each
lot.
2. Lot area variances from the 9,000 square feet required in the R-1 zoning district to 6,699 for
the proposed Lot 1 and 6,693 square feet for the proposed Lot 2.
1.06 On January 11, 2012, the Planning Commission recommended approval of the Preliminary
Plat and Variances on a vote of 6-3.
1.07 On February 6, 2012, the City Council considered the Preliminary Plat and Variances. A
motion to approve the requests failed on a vote of 2 Ayes and 3 Nays.
1.08 On February 6, 2012, the City Council directed preparation of findings for denial of the
Preliminary Plat and Variances.
City Hall 952-927-8861
4801 WEST 50TH STREET FAX 952-826-0390
EDINA,MINNESOTA,55424-1394 www.CityofEdina.com TTY 952-826-0379
RESOLUTION NO. 2012-33
Page Two
Section 2. FINDINGS.
2.01 The lots in the preliminary plat do not meet the minimum zoning ordinance standards for lot
width and lot area in the R-1 zoning district.
2.02 The standards for variances have not been met:
a. The property exists as a conforming single-family residential lot with a single-family
home. Reasonable use of the property exists today.
b. The size of the Subject Property does not create practical difficulties. The Subject
Property is only 4,392 square feet larger than the minimum lot size. This is not a
practical difficulty. There are no circumstances unique to the property that justifies
multiple variances.
c. The practical difficulty is self-created by the applicant's proposal to subdivide the
property.
d. The proposed lots do not meet the 6,701 square foot median lot area for lots in this
neighborhood.
e. The Subject Property is similar in size to several lots in the neighborhood including
four lots to the north on Oaklawn Avenue,and five lots to the east on Brookview
Avenue.
Section 3. DENIAL. The Preliminary Plat and Variances are denied.
Adopted this 21St day of February, 2012.
ATTEST:
Debra A. Mangen,City 6erk James B. Hovland,Mayor
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss.
CITY OF EDINA )
RESOLUTION NO. 2012-33
Page Two
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 February 21,2012,and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of ,2012.
City Clerk