HomeMy WebLinkAboutResolution No. 2022-114 Denying A Request to Modify Existing Open Space Conservation Restriction Easement, 6800 Indian Hills RdRESOLUTION NO. 2022-114
DENYING A REQUEST TO MODIFY AN EXISTING OPEN SPACE CONSERVATION
RESTRICTION EASEMENT FOR 6800 INDIAN HILLS ROAD
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section I. BACKGROUND.
1.00 Cassandra and Rohan Lall requested an open space conservation restriction easement
modification in the rear yard of their property. The homeowners proposed a modified
restriction easement to replace an existing conservation restriction easement encompassing
most of the rear yard of their property located at 6800 Indian Hills Road. The property backs
up to Arrowhead Lake. The modified easement allows parts of the original home and a newly
constructed detached screened porch, currently in violation and located in the easement, to
remain in the rear yard.
1.01 The property is legally described as follows:
LOT 2, BLOCK I, ARROWHEAD HEIGHTS, ACCORDING TO THE RECORDED PLAT
THEREOF: TOGETHER WITH THAT PART OF LOT I, BLOCK I, SAID ARROWHEAD
HEIGHTS, WHICH LIES SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE MOST WESTERLY CORNER OF LOT I, BLOCK I, SAID
ARROWHEAD HEIGHTS: THENCE SOUTHEASTERLY, ON AN ASSUMED BEARING OF
SOUTH 50 DEGREES 22 MINUTES 27 SECONDS EAST, ALONG THE SOUTHWEST LINE
OF LOT I, BLOCK I, SAID ARROWHEAD HEIGHTS, A DISTANCE OF 46.33 FEET TO
THE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED: THENCE NORTH 33
DEGREES 37 MINUTES 37 SECONDS EAST A DISTANCE OF 184.48 FEET, THENCE
NORTH 46 DEGREES 27 MINUTES 51 SECONDS EAST A DISTANCE OF 111.68 FEET:
THENCE NORTH 72 DEGREES 00 MINUTES 51 SECONDS EAST TO THE MOST
NORTHEASTERLY LINE OF LOT I, BLOCK I, OF SAID ARROWHEAD HEIGHTS AND
SAID LINE THERE TERMINATING.
1.02 The existing conservation restriction easement is approximately 100 feet upland from the
Lake edge and overlaps some back walls of the home, a deck and a new detached, 116 sq ft
screened porch.
1.03 Required building setback from the Lake is 75 feet from the ordinary high-water elevation,
(OHWE), of Arrowhead Lake. The home conforms to the 75-foot setback; however, the new
detached screened porch does not conform to required setback.
1.04 A 24-foot setback variance from the lake will be needed from the Planning Commission to
allow a detached screened porch to remain within setback.
CITY OF EDINA
4801 West 50th Street • Edina, Minnesota 55424
www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389
RESOLUTION NO. 2022-114
Page 2
1.05 To accommodate the request, the following is requested:
â Approval of the revised conservation restriction request by the City Council at 6800
Indian Hills Road subject to a variance approval for setback from the 75-foot
requirement to 51 feet to the OHWE of Arrowhead Lake from the Planning
Commission for the existing detached screened porch.
1.06 On January 17, 2023, the City Council denied the request.
Section 2. FINDINGS
2.01 Denial is based on the following findings:
I The site area is a reasonable size and can accommodate some improvements without
requesting a change to the conservation restriction or variance request.
2. The proposed project would not meet the criteria for variance given location All properties
along Arrowhead Lake are subjected to the same 75-foot setback from the OHWE. There are
no extenuating circumstances present on the site that are different from neighboring properties
that allow location within the 75-foot setback area.
3. The proposal is not consistent with the intent of a conservation restriction. The conservation
restriction states: "The purpose of this Conservation Restriction is to assure that the Easement
Area shall at all times remain as open space and constitute scenic surroundings."
Section 3. DENIAL
NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, denies the
request to modify existing Conservation Restriction Easement at 6800 Indian Hills Road with the
condition the 116 square foot free standing screen porch is removed from the conservation
restriction easement by no later than July 17, 2023.
ATTEST:
RESOLUTION NO. 2022-114
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Adopted by the City Council of the City of Edina, Minnesota, on Janu..ry 17, 2023.
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
January 17, 2023, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this 'It; of 6VAvVik 2023.
City Clerk