HomeMy WebLinkAboutResolution No. 2019-64 Conditional Use Permit for OLG, 5501 Eden AveRESOLUTION NO. 2019-64
APPROVING A CONDITIONAL USE PERMIT WITH VARIANCES FOR OUR LADY
OF GRACE CHURCH, 5051 EDEN AVENUE
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section I. BACKGROUND.
1.01 Our Lady of Grace is proposing a multi-phased master development plan for improvements
that include a priest residence, activity center, parish gathering space expansion and a school
expansion with remodeled areas within existing buildings.
1.02 The property is legally described as follows:
That part of Government Lot 8 of Section 28, Township 117 North, Range 21 West of the
Fifth Principal Meridian described as follows: Commencing 26 2/3 rods East of Southwest
corner of Lot 8; thence North to East line of Minneapolis, Northfield and Southern Railway
right of way; thence Northerly along said right of way line to a point distant 703 7/10 feet
Southerly along same from Southerly line of Eden Prairie Road; thence East 193 2/10 feet;
thence North to center of said road; thence Northeasterly along same to North line of Lot 8;
thence East to Northeast corner of Lot 8; thence South to Southeast corner; thence West to
beginning. Except that part thereof lying northeasterly and easterly of the southwesterly and
westerly line of the highway taking described in Doc. No. 3799189. Also except the southerly
40 feet of said Eden Prairie Road.
And
All that part of Government Lot Eight (8), in Section Twenty-Eight (28), Township One
Hundred Seventeen (117) North, Range Twenty-One (21) West, of the Fifth Principal
Meridian, according to the Government Survey thereof, bounded and described as follows:
Commencing at the point where the Easterly line of the right of way of the Minneapolis,
Northfield and Southern Railway was located and constructed across said section is
intersected by a line parallel with and forty (40) feet southerly at right angles from the center
line of the Eden Prairie Road, so-called, as laid out and located through said Section, which
point is hereinafter designated as Point "A", and running thence North Sixty-seven degrees,
two (2) minutes East, along said parallel line and at an angle of One Hundred Sixteen (116)
degrees, forty-seven (47) minutes, with said right of way line, a distance of One Hundred
Twenty (120) feet, thence South two (2) degrees, thirty-three (33) minutes East 408.5 feet to
a point which is the actual place of beginning of the land hereby conveyed.
Thence from said actual place of beginning South two (2) degrees, thirty-three (33) minutes
East 340 feet; thence South Eighty-nine (89) degrees, Thirty-eight (38) minutes west 193.2 feet
to said Easterly line of right of way; thence Northerly 340 feet along said right of way line to a •
C
„ point 363.7 southerly from said Point
IT Y O
A , measure d along said right of way line; thence
F EDINA
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RESOLUTION NO. 2019-64
Page 2
Northeasterly at an angle of Ninety-four (94) degrees, Forty-eight (48) minutes with said right
of way line a distance of 154.3 feet to the actual place of beginning.
And
All that part of Government Lot 8, Section 28, Township 117, Range 21, West of the 5th
Principal Meridian bounded and described as follows: Commencing at the point where the
Easterly line of the right of way of the Minneapolis, Northfield, and Southern Railway as
located and constructed across said section, is intersected by a line parallel with and 40 feet
Southerly at right angles from the center line of Eden Prairie Road, so called, as laid out and
located through said Section, and running thence North 67 degrees 2 minutes, East along said
parallel line and at an angle of 116 degrees 47 minutes with said right of way line, a distance of
120 feet; thence South 2 degrees 33 minutes, East 408.5 feet; thence West 154.3 feet to said
Easterly line of Railway right of way at a point 363.7 feet South from the place of beginning,
measured along said right of way line; thence North along said Easterly line of Railway right of
way to place of beginning, Hennepin County, Minnesota.
And
The north 150 feet of that part of Government Lot I of Section 33, Township 117 North,
Range 21 West, lying east of the railroad right of way and west of the west line of the highway
taking described in Doc. No. 3799189.
Property is located in Hennepin County, Minnesota.
1.03 To accommodate the request, the following land use applications are requested:
I. A Conditional Use Permit.
2. A height variance to allow the tallest addition on site to be 47'6".
3. A 63' variance to the east property line (Normandale Road).
4. A 25' variance to the west property line.
5. A 51' rear yard setback variance to the south property line.
6. A 15' variance to allow the fence and preschool play area to be placed up to the property
line.
7. A sign variance to allow a 100 square foot building sign.
1.04 On August 14, 2019, the Planning Commission recommended approval of the Conditional
Use Permit, height variance, and the setback variance requests.
1.05 On August 14, 2019, the Planning Commission recommended denial of the sign variance to
allow for a 100 square foot building sign.
1.06 On September 4, 2019 the City Council held a public hearing on the Conditional Use Permit
and variances.
RESOLUTION NO. 2019-64
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Section 2. FINDINGS
2.01 Approval of the conditional use permit, height variance to allow the tallest addition to be
47'6", 63' variance to the east property line, 25' variance to the west property line, 51'
variance to the south property line and 15' variance to allow for the fence and preschool play
area to be placed up to the property line is based on the following findings:
The proposal meets the conditional use permit criteria in Section 36-305 of the City Code.
2. The criteria for the proposed height variance are met. The proposed building additions are
placed low on the site to minimize impact to the surrounding neighborhood. The needs for
the types of buildings have different height needs to be functional than single family homes.
The sanctuary steeple (existing) will remain the tallest structure on the subject property.
3. The criteria for the proposed setback variances are met. The practical difficulties include the
location of the existing church and associated parking on the subject property. There are
currently non-conforming setbacks that have been approved with previous projects. The
location of the proposed buildings appropriately tie the uses in the buildings together while
preserving mature trees and maximizing green space.
4. The criteria for the proposed play area and fence are met. Fences in single family zoning
districts are allowed to be placed up to the property line. The location of the play area avoids
mature trees and will break up the surface area of the proposed gym wall.
5. The variances will not alter the character of the neighborhood. Our Lady of Grace currently
exists within the neighborhood. The tallest structure on sight will remain the sanctuary
steeple, the existing setback to the south will be maintained with the building additions, the
setback to the west is for the proposed residence and will provide a transition into the
neighborhood, and the proposed materials match the existing building.
6. The criteria for the proposed sign variance are met. The proposed signage will have limited
impact to the surrounding residential neighborhoods and fits within the size and scale of the
proposed building.
Section 3. APPROVAL
NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves
the Conditional Use Permit, a height variance to allow the tallest addition on site to be 47'6", a 63'
variance to the east property line, a 25' variance to the west property line, a 5 I' variance to the
south property line, a sign variance to allow a 100 square foot building sign, and a 15' variance to
allow for the fence and the preschool play area to be placed up to the property line for Our Lady of
Grace, 5051 Eden Avenue.
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Approval is subject to the following conditions:
I. Subject to staff approval, the site must be developed and maintained in substantial conformance
with the following plans, unless modified by the conditions below:
• Site & building plans date stamped August 7, 2019.
• Building materials presented at the Planning Commission and City Council meeting.
2. The property owner is responsible for replacing any required landscaping that dies.
3. Compliance with the conditions and comments listed in the revised Engineer's memo dated
August 2, 2019 & August 13, 2019.
4. Compliance with the conditions and comments listed in the Fire memo dated August 2, 2019.
5. Compliance with the conditions and comments listed in the Building Official's memo dated
August 2, 2019.
6. The building signage is subject to a sign permit and staff approval.
Adopted by the city council of the City of Edina, Minnesota, on September 4, 2019.
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ATTEST:
Sharon Allison, City Clerk James B. Hovland, Mayor
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 September 4, 2019, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this i day of t_c ei,"„.441 , 2019.
City Clerk