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HomeMy WebLinkAboutResolution No. 2020-105_4209_Crocker_- RESOLUTION NO. 2020-105 APPROVING A - 2.6 FOOT1st FLOOR HEIGHT VARIANCE AND A 18.2 FOOT FRONT YARD SETBACK VARIANCE AT 4209 CROCKER AVE. BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 Brett and Sarah Brohl have requested a 2.6 foot 1st floor height variance and a 18.2 foot front yard setback variance from the City Code to build a home at the existing nonconforming front yard setback and to elevate the basement out of the flood plain. 1.02 On, August 26, 2020, the Planning Commission held a public hearing and approved the variance with unanimous approval. 1.03 The Planning Commission approval was appealed to the City Council on September 4, 2020. 1.04 The property is legally described as follows: 1.05 The North 90 feet of Lot 24, Block 1, Crocker and Crowells 1st Addition, Hennepin County, Minnesota. 1.06 On October 7, 2020, the City Council held a public hearing. Section 2. FINDINGS 2.01 Approval is based on the following findings: 2.02 There are practical difficulties in complying with this Section: 2.03 The petitioner’s proposed use of the property is reasonable because the proposed use is permitted in the R-1 Single Dwelling Unit District and complies with zoning standards, with exception of setback and 1st floor height. The applicant is proposing to rebuild a home at the same front yard setback as existing. This requires a variance of 18.2 feet from the west lot line and a 2.6 foot 1st floor height variance. RESOLUTION NO. 2020-105 Page 2 2.04 The need for the variance is caused by the location of the 100-year FEMA flood elevation which causes the new structure to be elevated. It is a goal of the city to remove flood prone properties when given the opportunity from the flood plain. The increased low floor height due to the flood elevation requires an increase in 1st floor height. This circumstance is unique to the property and were not created by the property owner 2.05 The installation is a replacement of an existing nonconforming home. The new home will match the nonconforming front yard setback of the previous home. The proposed home design elevates the lowest level of the dwelling two feet above the 100-year FEMA flood elevation of 869.58 removing it from the flood zone. 2.06 The variance will not alter the essential character of the neighborhood. The variance will be in harmony with the general purposes and intent of this Section because it is consistent with the existing conditions and will still conform to the maximum allowable height from existing grade. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves the requested 2.6-foot first floor height and 18.2-foot front yard setback variance to construct a new home at 4209 Crocker. Approval is subject to the following conditions: 1. Compliance with the resubmitted plans date stamped July 26, 2020. 2. Compliance with the conditions and comments listed in the Environmental Engineer’s memo. RESOLUTION NO. 2020-105 Page 3 Adopted by the City Council of the City of Edina, Minnesota, on October 20, 2020 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 20, 2020, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ____ day of __________________, 2020. _________________________________ Sharon Allison, City Clerk