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HomeMy WebLinkAbout30486609 Blackfoot Pass Indian Hills 4th I IIIIIII IIIIIIIIIIdIIIIRnAIIIIIIIIIIIIIIIIIVIVIIIIINIIIIIIIIIIIIVVIIRIIIIId a RESOLUTION NO. 2013-114 APPROVING A FINAL PLAT AT 6609 BLACKFOOT PASS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 Great Neighborhood Homes Inc. on behalf of Douglas Johnson is requesting a Final Plat of 6609 Blackfoot Pass to divide the existing parcel into two lots. 1.02 The following described tract of land is requested to be divided: Lot 4, Block 3, Indian Hills, Hennepin County, Minnesota. 1.03 The owner of the described land desires to subdivide said tract in to the following described new and separate parcels (herein called "parcels") described as follows: Lots 1 and 2, Block 1, Indian Hills 4th Addition. 1.04 Within this neighborhood, the median lot area is 27,131 square feet, median lot depth is 183 feet, and the median lot width is 146 feet. The proposed new lots would meet these median width, depth, and lot size requirements. 1.05 On October 14, 2013, the City Council approved the Preliminary Plat; Vote 3-2. Section 2. FINDINGS 2.01 Approval is based on the following findings: 1. The proposed Final Plat is the same as the approved Preliminary Plat. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves the Final Plat for the proposed subdivision of 6609 Blackfoot Pass. Approval is subject to the following Conditions: 1. Prior to issuance of a building permit, the following items must be submitted: CITY OF EDINA 4801 West 50th Street . Edina, Minnesota 55424 www.EdinaMN.gov . 952-927-8861 • Fax 952-826-0390 Poor Quality Document Disclaimer The original or copy of a document or page of a document presented at the time of digital scanning contained within this digital file may be of substandard quality for viewing, printing or faxing needs. RESOLUTION NO. 2013-114 Page Two a. If required, submit evidence of Nine Mile 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. Utility hook-ups are subject to review of the city engineer. d. Grading and drainage plans specific to any proposed house would be reviewed at the time of building permit, and shall be subject to review and approval of the city engineer. Drainage from any new home, garage or driveway would have to be directed to the street, and shall not allow any additional drainage onto the property to the south of the subject property. e. The applicant work with the city forester in regard to tree preservation and removal of Buckthorn. 2. Park dedication fee of $5,000 must be paid prior to release of the final plat. 3. Drainage for construction of the new homes shall be directed away from adjacent property and toward the street to greatest extent possible. Drainage plans for individual homes would subject to review and approval of the city engineer at the time of building permit approval. 4. A 10 -foot preservation easement must be established along the lot lines to preserve the vegetation areas along the streets and along the north and south lot lines; and to assist with drainage and runoff from the site. The preservation easement shall be generally consistent with the staff rendering labeled A14 in the Planning Commission staff report. 5. Trees removed for construction on Lot 2 shall be replaced in accordance with a landscape plan to be approved by city staff. The number of trees removed and replaced shall be 1 to 1. Adopted this day of 2013. ATTEST: V'""`' U Debra A. Mangen, City Cl rk James . Hovland, Mayor v - I. R1 SOLUTION NO. 2013-114 Page Two STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA SS 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 101, 2013, and as recorded in the Minutes of said Regular Meeting. 1 WITNESS my hand and seal of said City this 1Q day of 2013. City'Clerk C.V. filed C.V. not req._X_ No delinquent taxes Current year taxes for whole parcel are paid Transfer Entered Jan 15, 2014 2:00 PM Hennepin County, Minnesota Mark V. Chapin County Auditor and Treasurer Doc No Al0046030 Certified, filed and/or recorded on Jan 15, 2014 2:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 89 Pkg ID 1073768C Doc Name: Plat Plat Fee $56.00 Document Total $56.00 PID(s) 06-116-21-42-0010 OFFICIAL PLAT Addition No. 09921 WfDIA,VJ HILL-Is-,`i' YX This cover sheet is now a permanent part of the recorded document. eIIIINIIIIIIIIIIIIIIIIIIIIII nlllllllllllllllllDoeNoA10047747 Certified, filed and/or recorded on Jan 21, 2014 1:07 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 89 Pkg ID 1075278C Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. TREE AND SLOPE PRESERVATION EASEMENT THIS INSTRUMENT is made ILP , 20N) by and between the CITY OF EDINA, a Minnesota municipal corp tion ("Grantee") and DOUGLAS L. JOHNSON, a single person ("Grantor"). A. Grantor is the owner of certain real property located in the City of Edina, County of Hennepin, State of Minnesota, legally described as Lots 1 and 2. Block 1, Indian Hills 4t1i Addition, Hennepin County, Minnesota, according to the plat recorded therein (the Property"). B. As a condition of approval of the subdivision creating Lots 1 and 2, Grantee required Grantor to grant a tree and slope preservation easement ("Easement") for the protection of trees and slopes over a portion of the Property, as legally described in Exhibit A (the Easement Property"). NOW THEREFORE, in consideration of the City's approval and in satisfaction of the condition imposed, Grantor hereby grants and conveys unto the Grantee a tree and slope preservation easement over, under and across the Property for the protection of the slope and trees. The terms of this Easement are as follows: 1. Except as permitted by this Agreement, no action of any kind may be undertaken to disturb the slopes or harm the trees within the area shown by Exhibit A as of this date. The following activities are prohibited within the Easement Property identified: A. Cutting or removing trees within the areas identified in Exhibit A without a special permit granted by the City of Edina. Removal of Buckthorn or undergrowth shall be allowed without City approval. If any trees need to be removed for some reason, new trees having a total cumulative diameter equal or greater to the trees removed must be planted to replace it (species approved by the city) with a minimum caliper of 3 inches. B. The deposit of waste, yard waste, or debris. C. Activity detrimental to the preservation of the slopes or specified trees. D. Locating any exterior lighting within that portion of the Easement Property located within the east half of Lot 2 or abutting the southerly lot line of Lot 2. 173234A 2. Grantor may encroach within the portion of the Easement Property abutting Blackfoot Pass and Cheyenne Trail for purposes of constructing driveways, sidewalks, utilities and landscape features provided that the permit required under Paragraph 1 A is obtained if trees are to be removed or slopes disturbed. Grantor hereby grants to the Grantee the affirmative right, but not the obligation to enter upon the Easement Property for the put -poses of inspection and enforcement of this Tree and Slope Preservation Easement and to take whatever actions are necessary to restore the Easement Property to its agreed upon nature. Grantee may assess the reasonable costs of this restoration against the Property, and Grantor waives all rights to contest those costs. Further Grantee may enforce the terms of this Easement by any proceeding in law or in equity to restrain violation, to compel compliance, or to recover damages, including attorneys' fees and costs of the enforcement actions. Grantor is not liable for the actions of any third party, other than its employees, agents or contractors, which may violate the terms of this Easement, unless Grantor, his employees, agents or contractors had actual knowledge of the violation and failed to take reasonable action to stop the violation. Failure to enforce any provision of this Tree and Slope Preservation Easement upon a violation of it cannot be deemed a waiver of the right to do so as to that or any subsequent violation. 5. Invalidation of any of the terms of this Tree and Slope Preservation Easement will in no way affect any of the other terms, which will remain in full force and effect. 6. This Tree and Slope Preservation Easement does not convey a right to the public to use the Easement Property nor does it convey any right of possession in the Easement Property to the public or the Grantee. Access by the Grantee to the Easement Property is limited to access necessary for purposes of inspection and enforcement as specified in paragraph 2 above, Grantee is not entitled to share in any award or other compensation given in connection with a condemnation or negotiated acquisition of all or any part of the Easement Property by any authority having the power of eminent domain. Grantee hereby waives any right it may have to such an award or compensation. 7. This Tree and Slope Preservation Easement runs with the Easement Property and is binding on. the Grantor, his heirs, successors and assigns, and inures to the benefit of the Grantee, its successors and assigns. 8. This Tree and Slope Preservation Easement may be amended or released in whole or in part by an instrument signed by the Grantee and Grantor or their respective successors and assigns in interest. 173234A 9. The above named Grantor, for himself, his heirs, successors and assigns does covenant with the Grantee, its successors and assigns, that he is well seized in fee title of the above described Easement Property; that he has the sole right to grant and convey this Easement to the Grantee; that there are no unrecorded interests in the Easement Property; and that lie indemnifies and holds the Grantee harmless for any breach of the foregoing covenants. 10. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Easement Property. Grantor shall hold harmless, indemnify and defend the Grantee its officers, employees, and agents from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including without limitation, reasonable attorneys' fees arising from or in any way connected with: (1) the result of a violation or alleged violation of' any State environmental statute or regulation; (2) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition or other matter related to or incurring on or about the premises, regardless of costs, unless due solely to the gross negligence of any of the Grantee, its officers, employees or agents; and (3) existence and administration of this Easement. IN WITNESS WHEREOF, Grantor has executed this instrument on the date first written above. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN GRANTOR: 9 6 1.44 k. Aaw, Douglas L. Johnson The foregoing instrument was acknowledged before me this lb 'th day of 20j/, by Douglas L. Johnson, a single person, Grantor. c WCHELLE LEE DAMS NOTARY PMO- MNE80TA V My COMM18910n Expired wr January 81, 2016 173234v4 GRANTEE: CITY OF EDI A 1 SEAL) By: colt Neal, Chy Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Tforegoing instrument was acknowledged before me this 1 r' day of 20A by James B. Hovland and Scott Neal, respectively the Mayor and CityManager0he6ityofEdina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council, SHEILA THOMPSON NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRESTyQ4;' JANUARY31,2015 INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON ProfessionalAssociation 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 612 452-5000 AMP/cjh 173234v4 EXHIBIT "A" Legal Description of Property: A tree and slope preservation easement over, under, on and across the north 10 feet, east 10 feet and west 10 feet of Lot 1, Block 1, Indian Hills 4`h Addition Hennepin County, Minnesota, according to the recorded plat thereof; except the southerly 10 feet of Lot 1. A tree and slope preservation easement over, under, on and across the east 10 feet, south 10 feet and west 10 feet of Lot 2, Block 1, Indian Hills 41' Addition, Hennepin County, Minnesota according to the recorded plat thereof, together with the south 70 feet of the east 145 feet of Lot 2, and except the northerly 10 feet ofLot 2. 1732344 81- Doc No A10041285 Certified, filed and/or recorded on Dec 30, 2013 1:55 PM Office of the County Recorder Hennepin County, Minnesota y Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 89 Pkg ID 1068458M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague September 11, 2013 VI.B Director of Planning INFORMATION & BACKGROUND Project Description Great Neighborhood Homes Inc. on behalf of Douglas Johnson is proposing to subdivide the property at 6609 Blackfoot Pass into two lots. (See property location on pages Al—A3.) The existing home would be torn down, and two new homes built on the new lots. (See applicant narrative and plans on pages A4— A16.) The new home on Lot 1 would be located generally where the existing home is located. The home on Lot 2, would be located toward the street in an area away from the adjacent home to the south, to avoid large Oak trees and some of the steeper slopes on the site. (See page A14.) To accommodate the request the following is required: 1. A subdivision; 2. Front yard setback variance from 100 feet to 45 feet for proposed Lot 2. Both lots would gain access off Blackfoot Pass. Within this neighborhood, the median lot area is 27,131 square feet, median lot depth is 183 feet, and the median lot width is 146 feet. (See attached median calculations on page A16.) The new lots would meet the median width, depth, and lot size requirements. A new home could be built on Lot 2 without the need for a variance, however, in doing so some of the best trees on the site would be removed (large Oak trees); more slopes would be disturbed, and the home would be located much closer to the existing home at 6705 Cheyenne Trail. (See page A.) Surrounding Land Uses The lots on all sides of the subject properties are zoned and guided low- density residential. Existing Site Features The existing site contains a single-family home and attached garage. This lot is larger than most in the neighborhood, contains slopes with mature trees. See pages Al, A2 and Al 1.) Planning Guide Plan designation Zoning: Lot Dimensions Single -dwelling residential R-1, Single -dwelling district As demonstrated above, the proposed subdivision would meet all minimum lot size requirements. Grading/Drainage and Utilities Grading and drainage plans specific to any proposed house would be reviewed at the time of building permit. Drainage from any new home, garage or driveway would have to be directed to Blackfoot Pass and Cheyenne Trail. Sewer and water are available to the site. Specific hook-up locations would be reviewed at the time of a building permit for each lot. A Nine Mile Creek Watershed District permit would also be required. Primary Issue Is the proposed Plat with a front Yard Setback Variance reasonable for this site? Yes. Staff believes that the proposed Plat with the front yard setback variance for Lot 2 is reasonable for the site for the following reasons: 1. Both of the proposed lots meet the City of Edina's minimum lot size requirements. (See above table.) 2 Area Lot Width Depth REQUIRED 27,131 s.f. 146 feet 183 feet Lot 1 46,473s.f. 153 feet 268 feet Lot 2 30,920 s.f. 150 feet 323 feet As demonstrated above, the proposed subdivision would meet all minimum lot size requirements. Grading/Drainage and Utilities Grading and drainage plans specific to any proposed house would be reviewed at the time of building permit. Drainage from any new home, garage or driveway would have to be directed to Blackfoot Pass and Cheyenne Trail. Sewer and water are available to the site. Specific hook-up locations would be reviewed at the time of a building permit for each lot. A Nine Mile Creek Watershed District permit would also be required. Primary Issue Is the proposed Plat with a front Yard Setback Variance reasonable for this site? Yes. Staff believes that the proposed Plat with the front yard setback variance for Lot 2 is reasonable for the site for the following reasons: 1. Both of the proposed lots meet the City of Edina's minimum lot size requirements. (See above table.) 2 2. Building pads have been located on the site to cause the least amount of impact on the sites mature trees and slopes. (See page A14.) 3. The proposed building pad for Lot 2 would be located further away from the existing home at 6705 Cheyenne Trail, than would a code compliant home. (See pages A14—A15.) 4. The findings for a variance for the building pad for Lot 2 would be met. Per state law and the Zoning Ordinance, a variance should not be granted unless it is found that the enforcement of the ordinance would cause practical difficulties in complying with the zoning ordinance and that the use is reasonable. As demonstrated below, staff believes the proposal meets the variance standards, when applying the three conditions: a) Will the proposal relieve practical difficulties that prevent a reasonable use from complying with the ordinance requirements? Yes. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without the variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable. "Practical difficulties" may include functional and aesthetic concerns. The practical difficulty is caused by the existing high quality mature Oak trees and slopes located in the area where a code compliant building pad would be. (See pages A14—A15.) In addition, if a home were constructed in the code compliant building pad area, it would be located closer to the home at 6705 Cheyenne Trail. By moving the home on Lot 2 up closer to the street, it would not only preserve the mature Oaks and slopes, but also the vegetation that provides a natural screen between the two properties. (See page A14.) Staff would recommend requiring a conservation easement over the slope and Oak trees that are to be preserved to permanently preserve those resources. b) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self- created? The circumstances of the mature trees, slopes and proximity of the adjacent home to the south are not created by the applicant and are generally unique in the R-1 District. 3 Additionally, there is an extra area of green space within the right-of- way of Cheyenne Trail. This area is between 18-20 feet, which from the street would give the appearance of a greater front yard setback. A typical green space within the right-of-way is between 5-8 feet. Therefore, the home would be set 65 feet back from the edge of the paved roadway. (See page A14.) c) Will the variance alter the essential character of the neighborhood? No. The proposed building location at 45 feet from Blackfoot Pass and Cheyenne Trail would not alter the character of the neighborhood. The home at 6621 Cheyenne Trail has a front yard setback of 42 feet and 6624 Cheyenne Trail has a front yard setback of 45 feet. (See page Ala and A2.) The applicant is also agreeable to not construct a home to maximize the height allowed by code. He would limit the total building height to 35 feet, when the code would allow a home to be 40 feet tall to the ridge line of the home. Staff Recommendation Recommend that the City Council approve the proposed two lot subdivision of 6609 Blackfoot Pass with a Front Yard Setback variance for Lot 2 from 100 feet to 45 feet from Blackfoot Pass and Cheyenne Trail. Approval is based on the following findings: The proposed Plat meets all required standards and ordinances for a subdivision. 2. The subdivision would meet the neighborhood medians for lot width and depth and area. 3. The proposal meets the required standards for a variance, because: a. The practical difficult unique to the property is caused by the large mature Oak trees and slopes on the east half of Lot 2 where a code compliant building pad would be located. These are natural conditions, not caused by property owner. b. The requested variances are reasonable in the context of the immediate neighborhood. There are two homes with similar front yard setbacks at 6621 and 6624 Cheyenne Trail. 4 C. There is 18-20 feet of green space in the right-of-way of Cheyenne Trail, which would result in a 65 -foot setback from the edge of the paved roadway. d. The variance results in the saving of mature Oak trees, protection of slopes, and moves the home further away from the existing home at 6705 Cheyenne Trail. Approval is subject to the following conditions: 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: a. If required, submit evidence of Nine Mile 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. Utility hook-ups are subject to review of the city engineer. d. Grading and drainage plans specific to any proposed house would be reviewed at the time of building permit, and shall be subject to review and approval of the city engineer. Drainage from any new home, garage or driveway would have to be directed to the street. 3. Any new home on Lot 2 would be limited to a ridge line height of 35 feet. 4. A 10 -foot conservation easement must be established along the lot lines to preserve the vegetation areas along the streets and along the north and south lot lines. 5. A slope and tree conservation easement must be placed over the large Oak trees and slope areas to be preserved by moving the home toward the street. Deadline for a City Decision: November 4, 2013 Interacts e Property Maps M a p t2 Y r G EALGER LA z LL, LL; z Pig STAJB. iA;S Cf j WDIANHEAD LAKE Parcel Map Scale: 1" = 400 ft. N 06-116-21-42-0010ID: Print Date: 9/5/2013 AT Parcel 6609 Blackfoot Pass Address: Edina, MN 55439 Property Residential Type: This map is a compilation of data from various sources and is furnished "AS IS" with no Home- representation or warranty expressed or stead: Homestead implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. Parcel 1.76 acres Sale Area: 76,652 sq ft Code: COPYRIGHT© HENNEPIN COUNTY 2013 A Think Green! Interactive Property Maps7 Map 6;C.8 6600 6F,05 E602 6609 6 104 612 6400 6604 6E01 6613 6617 6612 6F,16 660 C 6 6608 E621 617 05, 6605 6620 GLIF 5r.,,Pd 1ER 6401 6621L6609 6624 6628 6632 O66206212 6208E204 6216 6200 . 24 6E,24 ST4C frS OR 6705 6215 i 6209 6205, 6700 6201 a 24 6704 6709 6708 6713 Parcel 06 116-21-42-0010 Map Scale: 1" = 200 ft. N ID: Print Date: 9/5/2013 Owner D L Johnson EtalName: Parcel 6609 Blackfoot Pass Address: Edina, MN 55439 Property ResidentialType: This map is a compilation of data from various sources and is furnished "AS IS" with no Home- Homestead representation or warranty expressed or stead: implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. Parcel 1.76 acres Area: 76,652 sq ft COPYRIGHT © HENNEPIN COUNTY 2013 A skink Green'. y ` Interactive Property J' Maps, /fk Maq Aa Interac Mapsy Parcel 06-116-21-42-0010ID: Owner D L Johnson EtalName: F: Parcel 6609 Blackfoot Pass Address: Edina, MN 55439 Property ResidentialType: Home- Homestead stead: Parcel 1.76 acres Area: 76,652 sq ft A3 Map Scale: 1" = 50 ft Print Date: 9/5/2013 Property Map This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT© HENNEPIN COUNTY 2013 Think Green! i i From: Scott Busyn — Great Neighborhood Homes'1 To: Corey Teague Community Development Director City of EdinaCA Subject: Subdivision of6609 Blackfoot Pass into Two Separate Lots Date: July 17, 2013, Revised September 3, 2013 Please find the attached Subdivision Application for 6609 Blackfoot Pass. Great Neighborhood Homes will be purchasing this property from Mr. Douglas L. Johnson contingent upon obtaining a successful subdivision from the City. It is our intention to subdivide the parcel into two separate lots, noted as Lot 1 and Lot 2 on the survey. Per the attached 500 foot area study, the subdivided lots will be above the mean lot size, width, and depth of the lots in the neighborhood. Upon obtaining approval, we will be building single family homes on each lot. The survey shows the potential building pads of each home. The proposed building pad for Lot 1 will be close to the location of the exiting home on the site. We are adjusting the building pad to have a better presence on the lot (entry facing Blackfoot Pass) and to allow for better main floor exposure to the back yard (the current home has the first floor elevation at 927.0 feet and a lower level entry at 918.9 feet). The front setback of the home on Lot 1 is being proposed no closer than 53.5 feet from Blackfoot Pass. This is the average setback of the existing home at 6605 Blackfoot Pass and the proposed home on Lot 2 of 6609 Blackfoot pass. The first level floor height of the Lot 1 home will have a maximum elevation of 928. The proposed home will meet all other zoning requirements. The proposed building paA for the Lot 2 will have a proposed front yard setback no closer than 45' from Blackfoot Pass and no closer than 45' from Cheyenne Trail. This is in character with other front yard setbacks in the neighborhood, specifically the two other homes at the intersection of Blackfoot Pass and Cheyenne Trail. 6621 Cheyenne Trail has a front yard setback of 42' and 6624 Cheyenne Trail has a front yard setback of 45'. Positioning the Lot 2 building pad in the proposed location will maximize the distance of the home from 6705 Cheyenne Trail, minimize the disruption of the >18% slope, and keep the new home away from the grove of oak trees in the rear of Lot 2. In addition, there is an existing opening on the natural forest where we are locating the driveway entrance (see exhibit A). The proposed home on Lot 2 will have a maximum first floor height of 901. This will allow adequate drainage around the home. The new home will meet all zoning setbacks except for the front setback. We sent a letter out to all homeowners within 500' and held a neighbor meeting at the site on August 8t'. The meeting was attended by the adjacent neighbors at 6605 Blackfoot Pass, 6601 Blackfoot Pass, 6621 Cheyenne Trail, and 6705 Cheyenne Trail. The feedback 0 from the meeting was that we do what we can to maintain the wooded look of the front and sides of the lot. There is also a stone retaining wall on the south end of the corner of Blackfoot Pass and Cheyenne Trail that the neighbors hoped we did not remove. Based on this feedback, we are proposing a 10' conservation easement to maintain the wooded look of the property from the street (see exhibit B and C). This easement is shown on the survey and will cover the north and south lot lines, as well as the front portions of the lot as shown on the survey. The only exceptions to this easement will be the driveway entrances for Lots 1 and Lots 2. Please let me know if you have any questions about this application. I can be reached at 952-807-8765 or scott,ggreatneighborhoodhomes.com. Thank you for reviewing this application. A5" A S 6609 Blackfoot Pass Variance Application stO Great Neighborhood Homes We are proposing a variance for the front yard setback for the pro'Posed home on Lot 2 of 6609 Blackfoot Pass. As lot 2 is a corner lot, city ordinance requires the home to meet the front setbacks of 6605 Blackfoot Pass (62.0 feet) and 6705 Cheyenne Trail (100.9 feet). We are proposing a front setback of 45 feet from Blackfoot Pass and 45 feet from Cheyenne Trail. The proposed variance will relieve practical difficulties in complying with the zoning ordinance for front setbacks on corner lots. Meeting the setback of the home at 6705 Cheyenne Trail (100.9 feet) would require the home to be built far back on the lot and into a steep slope (survey shows where position of home would be without a variance). Placing the home in this location would create the following practical difficulties: 1. The home would need to be built into a steep slope, requiring substantial retaining walls to access the rear yard. 2. The home would be built much closer to the neighbor at 6705 Cheyenne Trail. When 1 toured the site with here she much preferred the home be built further away. 3. Building the home here would be much more disruptive to the virgin forest and require the removal of many more mature oak trees than on the pad closer to the street. 4. The deeper location would require a much longer driveway, increasing the impervious surface on the site. S. The home would have to be built at a much higher elevation and appear much taller from the street. 6. The home would block the natural drainage flow of the slope on Lot 2. 7. The homeowner would have minimal backyard without building a tall retaining wall. The use of Lot 2 for building a home is a reasonable use of the property. The proposed variance will correct the following extraordinary circumstances applicable to this property but not applicable to other properties in the vicinity: 1. Most lots in Indian Hills are not corner lots and thus do not need to meet the zoning requirements of 6609 Blackfoot Pass. In addition, other existing corner lots in Indian Hills do not have adjacent homes built as far back from the street as seen at 6705 Cheyenne Trail (see 6617 Cheyenne Trail, 6621 Cheyenne Trail, 6821 Cheyenne Trail, 6601 Blackfoot Pass, 6600 Blackfoot Pass, 6401 Indian Hills Road), or were built without having to meet the setbacks of both adjacent homes (see 6820 Cheyenne Trail,). 2. Allow for 45 foot front setbacks similar to adjacent properties at 6621 Cheyenne Trail (42 feet) and 6624 Cheyenne Trail (45 feet). k6 3. Allow for flat front and backyard area as is found on most homes in the area. The proposed variance will be in harmony and intent of the zoning ordinance as follows: 1. I believe the ordinance for corner lots was written to avoid homes being built that would break up the streetscape on more dense urban, gridded streets. 6609 Blackfoot Pass is a very wooded site and the proposed home will be built almost 100 feet from the next closest home. The existing woods and our proposed conservation easement will prevent the proposed home from breaking up the streetscape. 2. Our proposed conservation easement and positioning of the driveway entrance will maintain the same streetscape that exists today. There is a natural opening in the forest where we are positioning the driveway entrance. The proposed variance will not alter the essential character of the neighborhood as follows: 1. Our proposed conservation easements will maintain the wooded look of the property from the front streets as well as the adjacent neighbors. 2. As stated above, there are homes near the corner of Blackfoot Pass and Cheyenne Trail that have approximately 45' front setbacks. 3. Indian Hills is Edina's most eclectic neighborhood. There are no two lots that are alike as far as setbacks, position of the homes, etc. This variance is in character with the overall eclecticism of the neighborhood. The building pad at the 45 foot front setback is a much more optimal location for the home. In addition, I can limit the building height to 35' if we build on this more level location. S R Q "ice i • rs• _ fA_ .. . r• ' • • t _ ' . ^`` ` a ` w . lt' Address is approx,mate gr K IM PAMry J i w . coos tsiacwom vans, Address Is approximate l^P talna, minnesota, unnea states 1 i f J f t, r ,' ` + 71 •1= T-- A {( , , . e..• ry ' • i Sr1E ADDRESS: 6609 BLACKFOOT PASS EDINk MN 65139 PRELIMINARY PLAT FOR: 126-13 REF: 31-13 128/63 GREAT NEIGHBORHOOD HOMES Legend sw— sambrY s..r I m o ue nau 4 u9b pJ. I p Nyarmt 0 9. vera n.. Camels Lvn (: 7 Hole.. Wetaeruq wa. I Kgabn. • Meg Woe _ Prvpe..a R.lJnNq WJI eao.9 Eaau9 Tl..auan I - 9x.OTN Tap J Wa0 EMrativn I __ r90o- U.tln9 Centaur I - r.qp9. Pm — Cenbur I -` FIS Fant YM SJLach 55 90. Tab SJeace Wry Rmr YaN SJtrrk I I 9emW eon YenunauFaana I I - O tic Cv I l ix ImalbG 0.L5 15Lb. p xaa. - 2w v Q e MSTiletlW - 92JA a 0 ry TQJ / LOWF]i ENIRy . et6B T+ 4i _ rroixP• cc NA I NOT TO SCALE V) F_ VICINITY MAP NOi M SfKE 7I u ye F_ o Y7 427 .4o aur u48.13Y/ Prave.a ld 1 - 40AF] SFr I" A>_ R r I111YIArJ39' Sdes1) - 1SlH PnP.wa 1<! 2 - 9LIg0 >: a an PamrlYwrawsJerN) 9.P1N - ixJ.e R emf Cxl19NE 1Wei - 429'4 tee24CHIENZ1N2 . 450S PP9PWIY efS(%P99x lot 4. Poad ]. 91oPN HLS. Nemepn cwnry. Wimmb. 9M—RK Tdlm I— N.X. an lx. Wnt 9d. J CM1ymn. Tr. 9.lwvmj0T04aMPe]m. Orvtlen - 091.Oe. NOiE Na S.vmA Wm Yvde Fr P+0' Fn..mmb NO2: Th. bcetlan J m u19W. Ne.n m. M1am pla•. nm:.nee q q. uab vanPv^I.e ane aRU16pn .xawa a Warlea r°° wp. mNleanu.n 6JJa•.. eunp ony ••e^••uan I xweq c.N'ly tmt W..unay, pla\ w report .w propendHarvWtllr.ct .upmlWan and Vr! a a duly MW—d p sawyr angeru. m.. ar u. sbe. ar umn..em. Lawr Fllmu.r° i.xnpw. eROwN ux9 suRrtrNc, we 9 0•wl n°1na) Ir' i.", li eu PPn lux sl - 0. 8— R.LS. UN REG 152]9 x+v.e (',also 9.mx.al' Il.mu r x1a rrN 1me' arenec tatnuar< xa SS.+ew Fwmae Nc1J W. • x . W x Nem. Putieud at 1009' n. t]veae.a 09-e.-xel] Wam.n J ]Ss Nlwaw pyr Ha. Wd YW M SM Wainm.rb E NOT TO SCALE V) F_ VICINITY MAP NOi M SfKE 7I u Concrete Curb Timber Retaining Wall Keystone Retaining Wall Proposed Retalning Wall 1 , ExWWK Elevation Top of Wall Elevation I I -- Existing Contour Proposed Contour Front Yard Setback Side Yard Setback Rear Yard Setback f I I I Monument Found _ I L _ L- 1 z 14 re.411l2sCapLS. 15230. eE 1 g 1 aeiA i 5 S8r4a* I f 247.10 P14T F (/ Ir .> 46.:3 A4Marosinry 7 IMM N awonee 428 SF Aeoer. e4u.1 7453 SF — I r OOT PASS 1927.6 O h v awo 918.9 918.0 hq y rrv ee%n E J A1 s POWPOND Nam mTq N30'14'38 -E 22.70 PLAT— 22.66 MEAS. \ r w HS r r `M A r e Y s to Coo ` rp Mea r en. U y Ifro tr d orae Au \ Ir ij or.a A 4Y 4er ° 27 01 MEAS" AD PIAT II or 1.07 Acres I / 045 8 753.8 FZ. me r:s or 0,71 Acne rea 150.1 Ft. Q\ w.rexa a rea tJF(7TS: 4. Block 3, INDIAN HILLS, iepin County, Minnesota. \ i last Side of Cheyenne Tr. Between OB. Elevation = 891.08. au el°A. area — J O O aisa OD a r+` r ie• cwsuwttaM 1-r`-j L — t CJ L VICINITY NOT TO Wall Elevation I Contour r Id Contour L Ord Setback rd Setback I Ord Setback I 1 Ont Found a 14. Cap30. eStu 1revBa1 1 E nv 0 aB" S87'46'45'W II 1 247.10 PU746.93 MEAS. t v, 7 v142.6SF Qsv-t B J rsx+ azaz SB t t aysvo k V r a y^ p"Drom HUM 0 ..C,' • OF U1 I / O NB a3B.1 ta362 3)a O 10 Nfir N30'14'3B-E t ann., 4rs 22.70 PLAT-z cb e 22.66 MEAS. \ Ma Eo 5 ss' e' iC toss 3 kkt nye r e Be.2 e• \ I t V''` rearto• Bae r , miB B°°,soca °' \ cur Flll 32• d' q F N4 -rbbe wm r 01 WEAS. L< ae 40'PLAT Iw4845W 7esy1.0A r 153 8 Ft. 27 r 0.71 Aone 150.1 FL 4 q, AMU= 14 —7 Block 3, INDIAN HILLS. \ / pin County, Minnesota. \ eBs est Side of Cheyenne Tr. Between \ \ 18. Elevation — 891.08. Wi / or Any Easements ties 'hoes' are from plans / At 3companiesandare ampanies should be notified rtion. VICINITY NOT TO S j 62 iY 169 11 Elevation ontour Contour d Setback Setback I setback Found ILff 4- 3p Op 4 247.10 pLT46.915 MEAS. _ 6 SIF O / e44, 2 so% 0 J0 4- EAS. 11 4 Mu N 45-E IV 0 2401 WE;7— 40PPIAT% 48. 45W 4 lop 11 34 HILLS, enre Tr. Between 89 .08. \ \ '''eos is r.m plan. Al ore be notified VICINITY MAP NOT TO SCALE F iback Sock ack I I 1 nd I 1 ("\ -T- II 1 1 .e99.41 C I .eaaw e9e.e .e99.e I saa]F 1 e99.a II S87'48'45"WW247.10 PLAT a 246.93 MEAS. ROROS6O t0' 7 ° s roNs RVAroN B'srs Q%9e.sF _ _ x911.2 O c4 098.4, 20 09e.1 22 922.3. O GJ• / //' sf ocE ai 9o°B890.3E d, S 8917.e lop: OP89].98 939101Ig• .9R].R ccc333c . 929.3 1.2 Be]s / / 91o.q a o I 1 i6e z 1 °e Q / \^/,\'i..•.. 4171 + PROPOSED HOUESE o.. _.• ,,., FIRS! FLOOR -(928.0) a z. a2s 902.D. 900. lal / G e 1 2 930.1 0 -2X009 897.6 Sax •. _ uez. n. 60. 01 \\\ ae ,9x6.1 / .v2e.1 926.2 89].4,_ 5 B e 2 .00 s 10 E s 4cx e9e.] G 922 - fr, .A' , O 936.9" ppOS x / 0.0" { I L`\ i e9 4 m' I 8 8'45"E •* Bss Ew °" r 46" EEue " F q M'NE 1j.0'2y JN a V.I 1 -`:,. 0 OECN 4 Bi 00 ONw00D !`7 EW 2 1 s 26- °- iJ ls' e9e J 096 z2 6 ° .898.5 N9N g. h ON< .915.3 EW FLu EW tlP — J zs ON to 0x092.0 2- 99.4 \E9 .91G.8 g29yl892 09e.] ° 1 \ 896.6 m° .e9e., /1 o.x gas— 'BN 2.zF °MI pP°_ 3S 0 app — 0 PRO sc. f0' CONSER AEON M A a 6 T e9 1 0 27 .01 MEAS. 1 e a.1 4i A h .Baas .B9s.e 27 .40 PLAT S 7'4845"W Y a9s.3 L- 00. I T r U I `,I eae 3 e9 eB5.9 .092.8 895.6 C- g9e.BF NOT TO SCALE PROPERTY AREA, LOT DEPTH, LOT WIDTH & MEDIAN VALUE EXHIBIT FOR POSSIBLE LOT SPILT OF 6609 BLACKFOOT PASS, LOT 4, BLOCK 3, INDIAN HILLS a b \ 9r '? CLEASON TERRACE i 4 r i 3--711 u "..d„ 4 wri[ xr2 Ieawalxi N INDIAN \ yyao P2x 41 1 41 aeezi x -$ 3 ar leery \ r 0S 3 s 4 a b \ 9r '? CLEASON TERRACE i 4 r i 3--711 u "..d„ wee .e.<ry wi w. emmq ... pewee h ... s Imee Swvgv ube,ilW lm d Ine SIM N uuvweburee W. BRJxIz LVID 9rWeil'W<, W<. waaerv. A &"m, q.5 •ux qfG- 1535W pone 4 wri[ xr2 1, AL A'S a•$°'"a[n»rt ,x n.r a .. 14 9 O U i q i iafrf*Wf rx. wee .e.<ry wi w. emmq ... pewee h ... s Imee Swvgv ube,ilW lm d I ne SIM N uuvweburee W. BRJxIz LVID 9rWeil'W<, W<. waaerv. A &"m, q.5 •ux qfG- 1535W pone Cary Teague From: Lynn Laaksonen <goldielax@comcast.net> Sent: Thursday, September 05, 2013 5:59 PM To: Cary Teague Subject: proposed subdivision of 6609 Blackfoot Pass This letter is to state our opposition to the subdivision of 6609 Blackfoot Pass. We have been residents of Indian hills for over 36 years and we strongly oppose this subdivision. Indian Hills has always been the part of Edina where you could have a big lot — or 2 big lots — with a wild area surrounding your home and see the deer, fox, coyotes, raccoons and wild turkeys. You can picture what it was like before the highways and the shopping areas and you can enjoy the quiet. You can have a big house or a very big house and no one complains that you're too big because the lots are big enough to still give you privacy. We don't want to be the Country Club area. We don't want to be a "renamed neighborhood" of Indian Hills. This proposed subdivision is in the heart of the original Indian Hills and all of the homes that were added to the new neighborhood are adding data and averages that are making it look like we all have smaller lots with homes close to the street . Several homeowners in the heart of Indian Hills actually have 2 lots so they have a bigger footprint. Over 30 years ago there was a proposed subdivision at 6520 Indian Hills Road. The threat was that if the lot wasn't subdivided, a HUGE house would be built. Well, the subdivision was strongly opposed in the neighborhood and it did NOT go through. A HUGE house was built — it has since been torn down and an even bigger house was built and no one complained because the lot was big enough to support it. We don't want 6609 Blackfoot Pass subdivided. The proposed lots are out of scale and will not provide the 30' conservation easement. This will NOT be good for Indian Hills. This will NOT be good for Edina. You have the chance to avoid the problems that we are seeing in Country Club — don't bring them to Indian Hills. Kay and Lynn Laaksonen 6404 Indian Hills Road RESOLUTION NO. 2013-114 APPROVING A FINAL PLAT AT 6609 BLACKFOOT PASS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 Great Neighborhood Homes Inc. on behalf of Douglas Johnson is requesting a Final Plat of 6609 Blackfoot Pass to divide the existing parcel into two lots. 1.02 The following described tract of land is requested to be divided: Lot 4, Block 3, Indian Hills, Hennepin County, Minnesota. 1.03 The owner of the described land desires to subdivide said tract in to the following described new and separate parcels (herein called "parcels') described as follows: Lots 1 and 2, Block 1, Indian Hills 4th Addition. 1.04 Within this neighborhood, the median lot area is 27,131 square feet, median lot depth is 183 feet, and the median lot width is 146 feet. The proposed new lots would meet these median width, depth, and lot size requirements. 1.05 On October 14, 2013, the City Council approved the Preliminary Plat; Vote 3-2. Section 2. FINDINGS 2.01 Approval is based on the following findings: 1. The proposed Final Plat is the same as the approved Preliminary Plat. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves the Final Plat for the proposed subdivision of 6609 Blackfoot Pass. Approval is subject to the following Conditions: 1. Prior to. issuance of a building permit, the following items must be submitted: CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 www.EdinaMN.gov o 952-927-8861 olax 952-826-039.0 RESQLUTION NO. 2013-114 Pag2 Two a. If required, submit evidence of Nine Mile 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. Utility hook-ups are subject to review of the city engineer. d. Grading and drainage plans specific to any proposed house would be reviewed at the time of building permit, and shall be subject to review and approval of the city engineer. Drainage from any new home, garage or driveway would have to be directed to the street, and shall not allow any additional drainage onto the property to the south of the subject property. e. The applicant work with the city forester in regard to tree preservation and removal of Buckthorn. 2. Park dedication fee of $5,000 must be paid prior to release of the final plat. 3. Drainage for construction of the new homes shall be directed away from adjacent property and toward the street to greatest extent possible. Drainage plans for individual homes would subject to review and approval of the city engineer at the time of building permit approval. 4. A 10 -foot preservation easement must be established along the lot lines to preserve the vegetation areas along the streets and along the north and south lot lines; and to assist with drainage and runoff from the site. The preservation easement shall be generally consistent with the staff rendering labeled A14 in the Planning Commission staff report. 5. Trees removed for construction on Lot 2 shall be replaced in accordance with a landscape plan to be approved by city staff. The number of trees removed and replaced shall be 1 to 1. Adopted this F-? day of 2013. ATTEST: U Debra A. Mangen, Ci er James B. Hovland, Mayor Minutes/Edina City Council/November 19, 2013 VII.C. POLICY COUNCIL MINUTES Clerk Mangen presented the Council Minutes Policy and answered questions of the Council. The Council proposed an amendment to the draft policy. Member -Swenson made a motion, seconded by Member Bennett, approving Council Minutes Policy as modified. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. VII.D. RESOLUTION NO. 2013-114 APPROVING FINAL PLAT AND TREE AND SLOPE PRESERVATION EASEMENT, 6609 BLACKFOOT PASS — ADOPTED Community Development Director Teague presented the Final Plat, noting it was consistent with the approved Preliminary Plat, and Tree and Slope Preservation Easement for 6609 Blackfoot Pass. He indicated the applicant had agreed to revisions as recommended by Attorney Knutson concluding that staff recommended approval. The Council discussed whether to prohibit a sport court, lighting, and amplified music within the easement due to the close proximity of 6705 Cheyenne Trail. Attorney Knutson answered questions of the Council relating to what the easement language prohibited and what it allowed. The Council determined the language of Exhibit A was adequate to prevent the construction of a sport court along the south edge but would not address prohibition of lighting. Member Brindle introduced and moved adoption of Resolution No. 2013-114, Approving a Final Plat at 6609 Blackfoot Pass, subject to the following conditions: 1. Prior to issuance of a building permit, the following items must be submitted: a. If required, submit evidence of Nine Mile 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. Utility hook-ups are subject to review of the City Engineer. d. Grading and drainage plans specific to any proposed house would be reviewed at the time of building permit, and shall be subject to review and approval of the City Engineer. Drainage from any new home, garage or driveway would have to be directed to the street, and shall not allow any additional drainage onto the property to the south of the subject property. e. The applicant work with the City Forester in regard to tree preservation and removal of buckthorn. 2. Park dedication fee of $5,000 must be paid prior to release of the final plat. 3. Drainage for construction of the new homes shall be directed away from adjacent property and toward the street to greatest extent possible. Drainage plans for individual homes would be subject to review and approval of the City Engineer at the time of building permit approval. 4. A 10 -foot preservation easement must be established along the lot lines to preserve the vegetation areas along the streets and along the north and south lot lines; and to assist with drainage and runoff from the site. The preservation easement shall be generally consistent with the staff rendering labeled A14 in the Planning Commission staff report. S. Trees removed for construction on Lot 2 shall be replaced in accordance with a landscape plan to be approved by City staff. The number of trees removed and replaced shall be 1 to 1. And to revise Exhibit A to add: 1d. No artificial lighting shall be allowed within that portion of the easement property abutting 6705 Cheyenne Trail. Member Swenson seconded the motion. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. VII.E. AUTHORIZING PROFESSIONAL SERVICES— PARKING RAMP INSPECTIONS —APPROVED Manager Neal recommended an agreement with Kimley Horn for mandated parking lot inspections for a five-year term at a cost of $33,200.00. Member Swenson made a motion, seconded by Member Bennett, Page 3 Minutes/Edina City Council/November 19, 2013 authorizing the City Manager to sign professional services agreement with Kimley-Horn Associates to conduct annual inspections of the City -owned public parking ramps. Ayes: Bennett, Brindle, Swenson, Hovland Motion carried. VIII. CORRESPONDENCE AND PETITIONS VIII.A. CORRESPONDENCE Mayor Hovland acknowledged the Council's receipt of various correspondence. VIII.B. MINUTES: 1. PARK BOARD MINUTES, OCTOBER 8, 2013 2. HERITAGE PRESERVATION BOARD MINUTES, OCTOBER 8, 2013 3. PLANNING COMMISSION MINUTES, OCTOBER 23, 2013 Informational; no action required. IX. AVIATION NOISE UPDATE— Received X. MAYOR AND COUNCIL COMMENTS — Received Xl. MANAGER'S COMMENTS — Received XII. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 9:24 p.m. Respectfully submitted, Debra A. Mangen, City Clerk Minutes approved by Edina City Council, December 3, 2013. James B. Hovland, Mayor Video Copy of the November 19, 2013, meeting available. Page 4 RESOLUTION NO. 2013-114 Page Two 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 1.11Z,1 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City thijl y of 2013. September 16, 2013 Mr. Scott Busyn Mr. John Wanninger 6609 Blackfoot Pass Edina, MN 55424 RE: Extension of the 60 -day rule Mr. Busyn & Wanninger: This letter is to inform you that the City of Edina will be taking longer than 60 days to review your application. State law requires that the city act on your application within 60 days of receiving a complete application. The city may take an additional 60 days after notifying the applicant. The additional time would be to ensure adequate review of your application by the city and to meet public hearing requirements. Your application is scheduled to be heard by the City Council on October 1S`, 2013. If you have any questions, please contact Cary Teague, at 952-826-0460, or at e-mail, cteague@ci.edina.mn.us. A copy of the meeting agenda and staff report will be mailed to you the week before the meeting. CARY TEAGUE, AICP—COMMUNITY DEVELOPMENT DIRECTOR CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 www.EdinaMN.gov 9 952-927-8861 • Fax 952-826-0390 INDIAN HILLS 4TH ADDITION I I I II I I I I I I 47 W 1 1 T n / f 2663' 50'42Y FI •( Z 2a6.93 c7 BLOCK J . 1 I w • Q J. LQ Qy.^=' / 46,415.1 SF s 1.06 AC LOT 1 I X7X7 I 4yl ggN•N.. N3TI4'36'E 22.70 PUT---- L7 23.66 MFRS. • +i \ \ J 1 1 auTc'-- ufn m 31.002.3 SF LOT 0.71 AC 6C1 rpQ pYj,. 27a.ot uFAS. o. I nrJ L.v I 271.x0 PIAT ssr4e•asw j rr C 10 teal Nae p .:U Ib vbl.. w,'. I, a Lao I aM 2. Bbd. 1. 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YC J6J6.66'1 (1969), lob pbt Mp peenvn _E•y a 30. elery v I L Iry cem..udan np '6Nsm P. q•.n. Guar 1- h MdW rEC0161CN. "EMEM COt . NNfE k ne.ml —,y Ina U..:qx Ila If u -u OE°n Pp T 3M ADDm e a .n .. era _ e.> •r . 3p_. a — deli uaNe. Nac.a:a. c.,,nly Me..m, pr .newt/ EUMT / R3C ®MMS M -M OO N • J oma; To: MAYOR AND COUNCIL Agenda Item #: VII.D. From: Cary Teague, Community Development Director Action 0 Discussion Date: November 19, 2013 Information Subject: Resolution No. 2013-114 Approving a Final Plat and Tree and Slope Preservation Easement at 6609 Blackfoot Pass. Action Requested: Adopt the attached resolution and approve the Tree and Slope Preservation Easement. Information / Background: On October 14, 2013, the City Council approved the Preliminary Plat. The Final Plat is the same as the approved Preliminary Plat. ATTACHMENTS: o Preliminary & Final Plats c Tree and Slope Preservation Easement o Resolution 2013-114 o City Council Minutes October 14, 2013 City of Edina • 4801 W. 50' Sc • Edina, MN 55424 SIZE ADORF54 6609 BLACIff00T PA55 ' PRELIMINARY PLAT, FOR: 126-13 REF: 31-13 128,63 GREAT NEIGHBORHOOD HOMES 2: 1 I y e. OT TO SCALE cn LJ r 91 I- 4— Yatl<( d pt. r) .10 rut1e'45V 1 aj' headW1 . Km ... 6)1 Arw Pstl. - iL10 M1 1. L] N[5fVnPWf IA4 . [Ltl L t re.•setrce6ui[[Pt ..a:b[L[ell tO)3. . re°rJnna n)u rnl sa.r r. [.n.rw a'elE: Ra S.vr. Y<. Y.4 [v!q G.wnla tort: l.wltw d <[ J3'n re.n en inn [1n. Ys<G : du. diq ry . wwY.v nrmW rg1G.0 rbAn[ aJ L+i'I len'r 1l rK+WN \ Y w••"=-fit' V.I Snrp roe+ . J 4+ al.i. .l raeu4. r. eaMll kW 51[[.[1'JC, [:e M..'< rt yfaM9 ' • . tuj a.ir. hx+Rd[.Ir l.tv .+.te'n[V Y rt1VYf°.rrd .r.rM1e .mr. mm o vtAlak tw t rw4 y Wn - .W 1ar.. Lt'11 W. (<. u... u] an.a.l4•. t f . W [..t+l Kcsam. 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InaW l .vv edmvtiaaBva avlv.a me In'v _eay d . 20_ wJ waaen. Bm.n. Nvleryammtl:r. W c :pan no- aTA1NI'J 1EZaIOER NEYNEPM paMx, ICNNESOfA wby nrOJy rout a..Bnn Prof d Y -Y aEVCIOPNUJT sw0 •UOITIOX wv ar In WJ attwe OS e.Y .I 20—. a a'pbce YmLw Y[fnmGak caunlY Rvamam, 0y Aah J l 4, Bead . MaYJ NaLs, n.,n.dn canny. 14.n.nm. 1py AN6 IR r'Y 7 EO Om n„eran;a n -1 uYnln .,.t d MDMA PILLS 4M 4000NN va. — pY W Cb GvicA m 31.002.3 SF LOT L J Naa nuaA Il. sem. t. n. auru.yw a.e dmtw va Na4N rails aM wa Gt' y 0 E— a .lro rrwtwqm:rw tu_ Yuc \ Pavan .na awe nmvq a.a:cm. to M. wP. tnmua .m m. vaakwce1alw/.eerM.b° p(.) tm na.ne.n a dv<onaa u«°r.c:ww.na an.n.t: c -a °..Ymm.r°ewbne. n°vPaaeParo u°°e spiarvl... 0.71 AC i m me°aCtY iYCb. M . a en m. Awl Sevtwn Sal.ay Siva. 2. w:laEson4 F O 0 0 qtr ..yrar —- X41 COJ. C)q 270.01 YEAS. ftoarael feE awaw. L Jannaan, lws nenrunla .et tM,r Mipv Lti'a arya!®° 20_. 0. I /1T 271.40 PLAT LV 1 S87- 8'451Y I 4wo L Jaron BE9MIYEM, NFfgEVM CWxxoYMnLSOTAcw'lIM ^e.b Y 20_ona nar Yeah Mw nem Daa 1. 10A f VAXVAXDi r amc L d.t. Y4, aq al inw Ina ;--t .0. admv.wepn —. m. _aaY e! ID ny Dw9 I-- Yam v. Cradn, ammlY MelDar, y .0.Pu1Yn 1 stlwrn al+9aa. YEwrcoN county. wMlssmw rJn, sMT. SEc. 5 4.5 1t°a°l. IMa dd rws am doPI 20_. alv P eppasaE W. wy miaen .0— WJ . P. mow, c—Y Smq.r, nY aTA1NI'J 1 EZaIOER NEYNEPM paMx, ICNNESOfA wby nrOJy rout a..Bnn Prof d Y -Y aEVCIOPNUJT sw0 •UOITIOX wv ar In WJ attwe OS e.Y .I 20—. a a'pbce YmLw Y[fnmGak caunlY Rvamam, 0y Aah TREE AND SLOPE PRESERVATION EASEMENT THIS INSTRUMENT, is made , 20 , by and between the CITY OF EDINA, a Minnesota municipal corporation ("Grantee") and Douglas L. Johnson Grantor") A. Grantor is the owner of certain real property located in the City of Edina, County of Hennepin, State of Minnesota, legally described as Lot 4, Block 3, Indian Hills, Hennepin County, Minnesota, according to the plat recorded therein (the "Property"). B. Grantor submitted to Grantee an application for subdivision of the Property. C. As a condition of approval of the subdivision, Grantee required Grantor to grant a tree and slope preservation easement ("Easement") for the protection of trees and slopes over a portion of the Property, as legally described in Exhibit A (the "Easement Property"). NOW THEREFORE, in consideration of the City's approval and in satisfaction of the condition imposed, Grantor hereby grants and conveys unto the Grantee a tree and slope preservation easement over, under and across the Property for the protection of the slope and trees. The terms of this Easement are as follows: Except as permitted by this Agreement, no action of any kind may be undertaken to disturb the slopes or harm the trees within the area shown by Exhibit A as of this date. The following activities are prohibited within the Easement Property identified: A. Cutting or removing trees within the areas identified in Exhibit A without a special permit granted by the City of Edina. If any trees need to be removed for some reason, new trees having a cumulative total equal in diameter or greater must be planted to replace it (species approved by the city). B. The deposit of waste, yard waste, or debris. C. Activity detrimental to the preservation of the slopes or specified trees 2. Allowable activities within the Easement Property: A. Grantor may encroach within the Easement Property for purposes of constructing driveways, sidewalks, utilities, accessory buildings, or landscape features. 173234 Grantor reserves the right to construct driveways, sidewalks, utilities, accessory buildings, or other landscape features within the Easement Property. Grantor reserves full rights for determination of location of driveways, sidewalks, utilities, buildings, or other landscape features. B. Grantor reserves the right to manage the grade, trees, the undergrowth and surface growth within the Easement Property. Removal of trees within the Easement Property will be subject to the terms of paragraph I.A. of this agreement. Grantor hereby grants to the Grantee the affirmative right, but not the obligation to enter upon the Easement Property for the purposes of inspection and enforcement of this Tree and Slope Preservation Easement and to take whatever actions are necessary to restore the Easement Property to its agreed upon nature. Grantee may assess the reasonable costs of this restoration against the Property, and Grantor waives all rights to contest those costs. Further Grantee may enforce the terms of this Easement by any proceeding in law or in equity to restrain violation, to compel compliance, or to recover damages, including attorneys' fees and costs of the enforcement actions. Grantor is not liable for the actions of any third party, other than its employees, agents or contractors, which may violate the terms of this Easement, unless Grantor, its employees, agents or contractors had actual knowledge of the violation and failed to take reasonable action to stop the violation. 4. Failure to enforce any provision of this Tree and Slope Preservation Easement upon a violation of it cannot be deemed a waiver of the right to do so as to that or any subsequent violation. Invalidation of any of the terms of this Tree and Slope Preservation Easement will in no way affect any of the other terms, which will remain in full force and effect. 6. This Tree and Slope Preservation Easement does not convey a right to the public to use the Easement Property nor does it convey any right of possession in the Easement Property to the public or the Grantee. Access by the Grantee to the Easement Property is limited to access necessary for purposes of inspection and enforcement as specified in paragraph 2 above. Grantee is not entitled to share in any award or other compensation given in connection with a condemnation or negotiated acquisition of all or any part of the Easement Property by any authority having the power of eminent domain. Grantee hereby waives any right it may have to such an award or compensation. 7. This Tree and Slope Preservation Easement runs with the Easement Property and is binding on the Grantor, its successors and assigns, and inures to the benefit of the Grantee, its successors and assigns. 173234 2 8. This Tree and Slope Preservation Easement may be amended or released in whole or in part by an instrument signed by the Grantee and Grantor or its respective successors and assigns in interest. 9. The above named Grantor, for itself, its successors and assigns does covenant with the Grantee, its successors and assigns, that it is well seized in fee title of the above described Easement Property; that it has the sole right to grant and convey the Tree and Slope Preservation Easement to the Grantee; that there are no unrecorded interests in the Easement Property; and that it indemnifies and holds the Grantee harmless for any breach ofthe foregoing covenants. 10. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Easement Property. Grantor shall hold harmless, indemnify and defend the Grantee its officers, employees, and agents from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including without limitation, reasonable attorneys' fees arising from or in any way connected with: (1) the result of a violation or alleged violation of any State environmental statute or regulation; (2) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition or other matter related to or incurring on or about the premises, regardless of costs, unless due solely to the gross negligence of any of the Grantee, its officers, employees or agents; and (3) existence and administration of this Tree Preservation Easement. IN WITNESS WHEREOF, Grantor(s) (has/have) executed this instrument on the date first written above. GRANTOR: DOUGLAS L. JOHNSON STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2013, by Douglas L. Johnson, ("Grantor"), on his behalf. Notary Public 173234 GRANTEE: CITY OF EDINA M. SEAL) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott Neal, City Manager The foregoing instrument was acknowledged before me this day of 2013, by James B. Hovland and Scott Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 612 452-5000 AMP/cj h 173234 4