HomeMy WebLinkAboutResolution No. 2019-92 Upholding Staff's Decision for new home at 5712 Woodland LaRESOLUTION NO. 2019-92
UPHOLDING STAFF'S ADMINISTRATIVE DECISION TO DENY BUILDING PERMIT
NO. 163990 FOR A NEW HOME PLAN AT 5712 WOODLAND LANE
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section I. BACKGROUND.
1.01 Chad Holder, (property owner), submitted a building permit #163990 to construct a new
home at 5712 Woodland Lane. The owner represents they are intending to construct a two-
story house with a full basement foundation on the property and that it complies with all
zoning ordinances.
1.02 The property is legally described as follows:
Lot 4, Colonial Grove Fourth Addition, Hennepin County, Minnesota.
1.03 Edina City Code Chapter 36 requires that the maximum allowable building height for the lot
is 2 '/z-stories or 40 feet whichever is less. "Story" is defined as that portion of a building
included between the surface of any floor and the surface of the floor next above, or if there
is not a floor above, the space between the floor and the ceiling above. A basement with
more than 50 percent of its exterior wall area located entirely below the proposed ground
elevation adjoining the basement shall not be counted as a story.
1.04 The applicant contends that it is a two-story house because the basement has more than 50%
of the exterior wall located entirely below the proposed ground elevation adjoining the
basement, and therefore is not counted as a story. Staff disagrees because less than 50% of
the exterior walls of the basement are not below ground elevation.
1.05 Minnesota Statutes, Section 462.354, Subdivision 12, and City Code Chapter 36 Division II
Administration authorizes the Board of Adjustment and Appeals to hear administrative
decisions to the City Code.
1.06 On, August 28, 2019, the Edina Planning Commission, acting as the Board of Adjustments and
Appeals, held a public hearing on this application. The applicant was provided the opportunity
to present information. The Board considered all of the hearing testimony and the staff
report. The Board of Adjustments upheld Staff's administrative decision of denial for building
permit #163990 for a new home plan for the property located at 5712 Woodland Lane. Vote:
7 Ayes and 0 Nays.
CITY OF EDINA
4801 West 50th Street . Edina, Minnesota 55424
www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389
RESOLUTION NO. 2019-92
Page 2
Section 2. FINDINGS
Edina City Code Chapter 36 Article II Division 3 states that a person who deems himself aggrieved by
an alleged error in any order, requirement, decision or determination made by an administrative
officer in the interpretation and enforcement of this chapter may appeal to the board by filing a
written appeal with the planning department within 30 days after the date of such order,
requirement, decision or determination. The appeal shall fully state the order to be appealed and the
relevant facts of the matter
2.01 Denial of building permit #163990 is based on the following findings:
I. The maximum height to the highest point on a roof of a single or double dwelling unit
shall be 30 feet. For lots that exceed 75 feet in width, the maximum height to the ridge
line shall be 35 feet, and 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
or 21/2-stories whichever is less.
2. A basement with more than 50 percent of its exterior wall area located entirely below the
proposed ground elevation adjoining the basement shall not be counted as a story.
3. The house plan has two full stories above the basement floor. The basement has less than
50% of the exterior wall area below grade.
4. The proposed home is 3 stories including the basement and does not comply with the
maximum allowable height of 2 1/2-stories.
5. The two "planter boxes" holding a thin area of soil adjacent to the south west basement
walls, do not establish the filled soil area as the proposed ground elevation adjoining the
basement.
6. "Ground" is the surface of the earth. Placing a small amount of dirt between the concrete
walls and the basement does not change the ground elevation.
Section 3. Denial
NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, upholds
the administrative decision of city staff and denies building permit #163990 for a new home plan for
the property located at 5712 Woodland Lane.
RESOLUTION NO. 2019-92
Page 3
Adopted by the City Council of the City of Edina, Minnesot. , •ctober 15, 2019, 2019.
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 October 15, 2019, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of , 2019.
City Clerk