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2019-08-28 Planning Commission Packet
Agenda Plan n ing Com m ission City Of Edina, Minnesota City Hall, Council Chambers Wednesday, August 28, 2019 7:00 PM I.Call To Order II.Roll Call III.Approval Of Meeting Agenda IV.Approval Of Meeting Minutes A.Minutes, August 14, 2019 Planning Commission Meeting V.Community Comment During "Community Comment," the Board/Commission will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Board/Commission Members to respond to their comments tonight. Instead, the Board/Commission might refer the matter to sta% for consideration at a future meeting. VI.Public Hearings A.Appeal of an administrative decision, B-19-13, 5712 Woodland Lane VII.Reports/Recommendations A.Sketch Plan Review - Vernon Avenue/Lane & Olinger Road (5835 Vernon Lane) VIII.Correspondence And Petitions IX.Chair And Member Comments X.Sta7 Comments XI.Adjournment The City of Edina wants all res idents to be c om fortable being part of the public proc ess . If you need as sistance in the way of hearing ampli:c ation, an interpreter, large-print documents or s om ething els e, pleas e c all 952-927-8861 72 hours in advanc e of the m eeting. Date: August 28, 2019 Agenda Item #: I V.A. To:P lanning C ommission Item Type: Minutes F rom:Liz O ls on, Administrative S upport S pecialist Item Activity: Subject:Minutes , Augus t 14, 2019 P lanning C ommis s ion Meeting Ac tion C ITY O F E D IN A 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: Approve the August 14, 2019 minutes. I N TR O D U C TI O N: AT TAC HME N T S: Description Draft Minutes Draft Minutes☒ Approved Minutes☐ Approved Date: August 28, 2019 Page 1 of 5 Minutes City Of Edina, Minnesota Planning Commission Edina City Hall Council Chambers August 14, 2019 I. Call To Order Chair Olsen called the meeting to order at 7:00 PM. II. Roll Call Answering the roll call were: Commissioners Douglas, Lee, Bennett, Nemerov, Strauss, Thorsen, Berube, Miranda, and Chair Olsen. Staff Present: Cary Teague, Community Development Director, Kris Aaker, Assistant Planner, Emily Bodeker, Assistant Planner, Kaylin Eidsness, Senior Communications Coordinator, Liz Olsen, Administrative Support Specialist. Absent from the roll call: Commissioners Melton and Mangalick. III. Approval Of Meeting Agenda Commissioner Thorsen moved to approve the August 14, 2019, agenda. Commissioner Bennett seconded the motion. The motion carried unanimously. IV. Approval Of Meeting Minutes A. Minutes: Planning Commission, July 24, 2019 Commissioner Thorsen moved to approve the July 24, 2019, meeting minutes. Commissioner Douglas seconded the motion. Motion carried unanimously. V. Community Comment None. VI. Public Hearings A. Variance Request B-19-12 for 5209 Grove Street Assistant Planner Aaker presented the request of a variance for 5209 Grove Street. Planner Aaker explained the subject property is a one-story rambler built in 1959. The applicant is proposing an 8.6-foot side yard setback variance to the west property line to allow for a 301 square foot garage addition to the existing two car garage. Staff recommends approval of the Variance Request, B-19-12 for 5209 Grove Street, as requested subject to the findings and conditions listed in the staff report. Appearing for the Applicant Draft Minutes☒ Approved Minutes☐ Approved Date: August 28, 2019 Page 2 of 5 Ms. Kari Kouatli, 5209 Grover Street, owner, introduced herself and explained the right-of-way is maintained by the owners and not the City. She noted her family wants to expand their home footprint with her growing family. She noted her family has a two-car garage with two cars and only one car will fit. Chair Olsen opened the public hearing at 7:15 p.m. Public Hearing Commissioner Bennett moved to close the public hearing. Commissioner Thorsen seconded the motion. The motion carried unanimously. Discussion/Comments/Questions None. Motion Commissioner Nemerov moved that the Planning Commission recommend approval to the City Council of the Variance request for 5209 Grove Street as outlined in the staff memo subject to the conditions and findings therein. Commissioner Thorsen seconded the motion. The motion carried unanimously. B. Preliminary Plat – Platting and Existing Outlot – Oak Lane Director Teague presented the request to build on the existing Outlot for Oak Lane. Teague stated the applicant would like to build a new single-family home with a private driveway within the existing right-of- way. Staff recommends approval of the proposed Preliminary Plat and Lot Depth Variance, as requested subject to the findings and conditions listed in the staff report. Appearing for the Applicant Mr. Lance Elliott, Elliot Engineering, 5616 Delrump Road, Edina, introduced himself and explained the reason why the Outlot was not developed previously was because it was thought the road would go through and at that time the Outlot would be developed. He noted there are a number of similar properties in Edina, so a precedent has not been set with this property. He explained how the stormwater and wetland areas on the property will be dealt with. He noted he is voluntarily increasing the wetland buffer on the property to incorporate the large rainwater garden and to bring the buffer out further than what is required. Chair Olsen opened the public hearing at 7:54 p.m. Public Hearing Mr. Scott Hues, 5509 Grove Street, introduced himself and explained his opposition to this proposal due to the impact on seven adjacent properties. Chair Olsen noted the Commission has received and reviewed all of the comment. Draft Minutes☒ Approved Minutes☐ Approved Date: August 28, 2019 Page 3 of 5 Mr. Rick Bale, 5805 Oak Lane, introduced himself and noted he sent a letter to the City already and should be in the record. He explained his opposition to this proposal and requesting the driveway follow the center line of the right-of-way in order to minimize the significant impact of his property. He asked as a condition of the proposal that the utilities go on the right-of-way. Ms. Jannette Conn, 5804 Oak Lane, introduced herself and noted her concern as to where the driveway and right-of-way will be on the property due to the number of trees that will be required to be removed and the impact this development will have on the neighborhood. Mr. Tim Braun, 5809 Johnson Drive, introduced himself and explained this does not impact his property but did not believe this was a good idea. Commissioner Thorsen moved to close the public hearing. Commissioner Miranda seconded the motion. The motion carried unanimously. Discussion/Comments/Questions • Move the driveway to the center line of the right-of-way • Preserve the larger trees shown on the landscaping plan Motion Commissioner Thorsen moved that the Planning Commission recommend approval to the City Council of the approval of the proposed Preliminary Plat and Lot Depth Variance as outlined in the staff memo subject to the conditions and findings therein, with the addition of a condition to move the driveway to the center line of the right of way. Commissioner Douglas seconded the motion. Chair Olsen offered a friendly amendment to add a condition to preserve the larger trees shown on the landscaping plan. Aye - Douglas, Nemerov, Strauss, Thorsen, Berube, Miranda, and Chair Olsen Nay – Bennett, Lee The motion carried 7-2. C. Conditional Use Permit – Our Lady of Grace – 5051 Eden Avenue Assistant City Planner Bodeker presented the request of a Conditional Use Permit for Our Lady of Grace at 5051 Eden Avenue. Staff recommends approval of the Conditional Use Permit with Variances for Our Lady of Grace at 5051 Eden Avenue, as requested subject to the findings and conditions listed in the staff report. Appearing for the Applicant Mr. Jay Fourniea, Opus Architects and Engineers, 10350 Bren Road West, introduced himself and explained that Our Lady of Grace is looking forward to the next 75 years and believe there is a strong foundation in Edina. He Draft Minutes☒ Approved Minutes☐ Approved Date: August 28, 2019 Page 4 of 5 noted there was a neighborhood meeting on June 24th with positive feedback of the project. He made a clarification regarding the traffic memo, within the traffic report there was suggestions of offering the school an opportunity for a staggered start time in order for preschool, lower school and middle school could start at different times and could alleviate some of the traffic congestion instead of the payment in lieu. Our Lady of Grace is willing to participate in future discussion regarding this and the proposed round about. He reviewed the site plan with the Planning Commission. • Suggest looking at signage point on the property. Chair Olsen opened the public hearing at 8:50 p.m. Public Hearing Commissioner Miranda moved to close the public hearing. Commissioner Strauss seconded the motion. The motion carried unanimously. Commissioner Thorson left the meeting at 8:51 p.m. Discussion/Comments/Questions • Liked the idea of fixing the four-way intersection • Possibly remove the sign variance request out of the proposal for future review. Motion Commissioner Lee moved that the Planning Commission recommend approval to the City Council of the Conditional Use Permit with Variances for Our Lady of Grace at 5051 Eden Avenue as outlined in the staff memo subject to the conditions and findings therein with denial of sign variance application. Commissioner Berube seconded the motion. The motion carried unanimously. VII. Reports/Recommendations A. 2020 Planning Commission Work Plan Director Teague presented the 2020 Planning Commission Work Plan. Staff recommends approval of the 2020 Planning Commission Work Plan. Discussion/Comments/Questions • Using Form Based Code as a tool for implementing some of the newer development standards. • Small Work group to look further into Form Based Code and gather information. • Planning Commission focused learning activities. • Send out educational articles and information to Commissioners. Motion Draft Minutes☒ Approved Minutes☐ Approved Date: August 28, 2019 Page 5 of 5 Commissioner Bennett moved that the Planning Commission recommend approval to the City Council of the 2020 Planning Commission Work Plan as outlined in the staff memo. Commissioner Berube seconded the motion. The motion carried unanimously. VIII. Correspondence and Petitions None. IX. Chair and Member Comments • Large number of young families in the community on National Night Out and Night to Unite • Congratulations to the local Morningside Neighborhood Association for their event on Night to Unite. • Edina is demographically the oldest city in the Metro Area and issues with housing and things the City does and propose might be different for different parts of the City and might change over time. • Gratifying to see how many people walked or biked to Webber Park on Night to Unite. • Transit changes are being supported in the community. X. Staff Comments Planner Teague reminded the Commission that there will be a Worksession on August 28th at 5:30 p.m. XI. Adjournment Commissioner Strauss moved to adjourn the August 14, 2019, Meeting of the Edina Planning Commission at 9:36 PM. Commissioner Berube seconded the motion. The motion carried unanimously. Date: August 28, 2019 Agenda Item #: VI.A. To:P lanning C ommission Item Type: F rom:Kris Aaker, Assistant C ity P lanner Item Activity: Subject:Appeal of an administrative dec is ion, B-19-13, 5712 Woodland Lane Action C ITY O F E D IN A 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: Uphold City Staff ’s administrative decision for Building permit #163990 for a new home plan for the property located at 5712 Woodland L ane. I N TR O D U C TI O N: T he applicant has submitted a building permit #163990 to construct a new home at 5712 Woodland L ane. T he owner purchased the P roperty in October 2016, which consisted of a multi-level home built in 1952, (now demolished), that is adjacent to Minnehaha Creek. Much of the lot is within the F E M A flood plain and there is a municipal sanitary sewer main bisecting a large portion of the property both limiting home placement and construction. T he 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. T he maximum allowable building height for the lot is 2 ½ stories or 40 feet whichever is less. S taff interprets the plan as a 3 story home with the basement counting as a story. Staff contends that the house plan does not comply with the zoning ordinance and has returned the permit application to the applicant for revision AT TAC HME N T S: Description Staff Report and Attachments STAFF REPORT Date: To: From: August 28, 2019 PLANNING COMMISSION Kris Aaker, Assistant City Planner Subject: B- 1 9-13, Appeal of an administrative decision for Building permit #163990 for a new home located at 5712 Woodland Lane. Recommended Action: Uphold City staffs administrative decision to deny building permit #163990 for a new home plan for the property located at 5712 Woodland Lane. Project Description: The applicant has submitted a building permit #163990 to construct a new home at 5712 Woodland Lane. The owner purchased the property in October 2016, which consisted of a multi- level home built in 1952, (now demolished), that is adjacent to Minnehaha Creek. Much of the lot is within the FEMA flood plain and there is a municipal sanitary sewer main bisecting a large portion of the property both limiting home placement and construction. 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. The permit plan stipulates that the 1" floor of the home is the basement and that the basement does not count as a story regarding maximum height. The maximum allowable building height for the lot is 2 1/2-stories or 40 feet whichever is less. The height as measured from existing grade is 39 feet. The home consists of three floors including the basement. Staff interprets the plan as a 3-story home with the basement counting as a story. Staff contends that the house plan does not comply with the zoning ordinance and has returned the permit application to the applicant for revisions. City of Edina • 4801 W. 50th St. • Edina, MN 55424 1 1 1 1 V.ITITOIATNIE MPS • ENTER 79°2) 0 'It?, PROPOSED X WATER 80P 5 Egir SEWER .1 71 EASEMENT,:-" 'A*4 i5 -1\1 89°54' 47" W 70.00 tr, PROPOSED ROCK --tONSTRUCDON ENTRANCE • BN-663.0 HOUSE be' PROPOSE . SLT FENCE /(7TP) 000WAY AS SHOWN ON ARgAN E C4 MAP SIPPLE DMA "PROPOSED SLT FENCE YP) .v1p), -858 trorxr AST) -14‘ ODIC PET xX). 7:1 0: -. :MP STOCKPLE ' SVP) FENCE (TY :e / #5712 4" 46\5 // UTILITY N. N —EASEMENT 860.2 -P4OPOSE Row ELEvAlteN_,.. (957.4) STAFF REPORT Page 2 Planning Guide Plan designation: Low-Density Residential Zoning: R- I, Single-Dwelling District Surrounding Land Uses Northerly: Single Unit residential homes; zoned and guided low-density residential. Easterly: Single Unit residential homes; zoned and guided low-density residential. Southerly: Single Unit residential homes; zoned and guided low-density residential. Westerly: Single Unit residential homes; zoned and guided low-density residential. Existing Site Features The existing 17,896 square foot (1/3 acre) lot is located immediately adjacent north to a home, with Minnehaha Creek surrounding portions of the south, east and west lot lines. The property is within the flood zone. There is a sewer easement bisecting the property that cannot be built upon. The existing multi-level home has been removed. STAFF REPORT Page 3 Compliance Table City Standard Proposed Front — (NE) Woodland Lane Side - (NW) North Rear— (SW) West 30 feet 10 feet 25 feet 35 feet I 0 feet 47 feet Building Coverage 25% 12.2% Building Height Max 2 1/2 stories I st Floor Height 40 feet 2 1/2 stories Max I foot above existing 39 feet *3 stories (Basement is a story) Basement deemed "1" floor" *Does not comply Background The owner had previously submitted a variance application to allow a home with a I' floor height exceeding the allowable I foot maximum to construct a home plan that is similar to the subject plan. However, the variance request stipulated the lst floor was established as the floor above the basement and therefore was proposed higher than I -foot above the existing home's lst floor/entry elevation. The basement/lowest level on the property is required to be significantly elevated to be a minimum 2 feet above the flood elevation. The variance was approved by the Planning Commission on October I I, 2017. The decision was reversed on appeal by the Edina City Council on December 19, 2017, (staff report, plans and meeting minutes are attached for reference). The Owner revised the home design and established the basement as the new "first floor," (new first floor is lower than old entry elevation/first floor of previous home, no variance needed), and submitted a building permit application in May 2019. The applicant represents the new home plan as a 2-story home with the basement as the new first floor and with the basement having more than 50% of the exterior wall located entirely below the proposed ground elevation adjoining the basement and therefore not counting as a story. Staff does not agree with that interpretation. The following ordinances were taken into consideration by City Staff as part of the building permit review process addressing building height, floors and stories of the proposed home: Sec. 36-10. — Definitions. Basement means a floor level of a building which is located partly or completely underground. Stag means 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. STAFF REPORT Page 4 Sec. 36-438. - Requirements for building coverage, setbacks and height Height. 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 TA-stories whichever is less. Sec. 36-439. - Special requirements. Additions to, or replacement of, single dwelling unit buildings and buildings containing two dwelling units. For additions, alterations and changes to, or rebuilds of, existing single dwelling unit buildings and buildings containing two dwellings, the first floor elevation may not be more than one foot above the existing first floor elevation. If a split level dwelling is torn down and a new home is built, the first floor elevation of the dwelling unit being torn down is deemed to be the lowest elevation of an entrance to the dwelling, excluding entrance to the garage and entrances that do not face a street. The FEMA flood plain requirements limit the amount of fill on the property. The minimum low floor/basement elevation must be two feet above the base flood elevation of 860.2', so a minimum low floor of 862.2'. Only a small portion of the basement may be below the existing grade given the flood elevation so without regrading, all basement walls would be exposed. All grades around the new home are proposed to be altered, with some portions of the basement covered with soil and retaining walls. Both the front, (NE) and side, (NW) are proposed to be regraded with retaining walls and soil covering the foundation. There will be exposed area at an entrance/patio area along the front of the house and the garage will be at grade, (NE). The rear elevation, (SW), has two planter boxes holding a thin area of soil near the foundation wall with openings for windows and a door, (see Exhibit "A"). The perimeter of the proposed building footprint is approximately 199.5 feet in length. The building permit #163990 review included the (NE), at grade entrance/patio area, the garage wall elevation and all of the (SW), facing basement walls in establishing that those portions of the basement are above the proposed ground elevation of the property. The two planter boxes holding a thin area of soil near the foundation along the back wall were not considered by staff as proposed ground elevation adjoining the basement. Of the perimeter length, approximately 119 feet, or roughly 59% of the exterior wall area of the basement is exposed and is above grade with approximately 80 feet, or roughly 40% of wall area below proposed grade. Staff concluded the basement has more than 50% of the exterior wall area above the ground and therefore must be counted as a story. STAFF RECOMENDATION It is staff's determination the proposed home is 3 stories and does not comply with the maximum allowable height of 2 1/2-stories. On June 3, 2019, City staff denied the building permit application because the 5712 Woodland Lane plans failed to comply with the zoning ordinance. The plans submitted are for a 3-story home with the basement included as a story per zoning ordinance definition. The two planter boxes holding a thin area of soil adjacent to the south west basement STAFF REPORT Page 5 walls, do not establish the filled soil area as the proposed ground elevation adjoining the basement. "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. The basement is a story with approximately 59% of the wall length located above grade. It is City staffs interpretation the plans submitted are for a 3-story home with the basement included as a story. City staff recommends the planning commission uphold staff's administrative decision of denial for building permit #163990 for a new home plan for the property located at 5712 Woodland Lane. Deadline for a City decision: November 6, 2019 1 1 6' wall tiered on top of 3' wall retaining about 10' of soil near bottom and 2' of soil near top of wall near foundation NiP-1 L 9' retaining wall (8608) retaining between \ 7-10' of soil near \ bottom of wall and %\ C•j2-5 feel at top of 062 \\ wall near N foundation WATER BOX PROPOSED ROCK CONSTRUCTION ENTRANCE SURMOUNTABLE CURB & GUTTER 186671 (859.1) ... ... ...... 3 x 3' tiered walls retaining between about 8-30' of soil _Ash 100' ''ral %11 PROPOSED • TW=869.0 .BW-863.0 ROPOSE IbRIVEWAY Low floor elevation two feet above base flood elevation 860.2 +2'=862.2. Only a small portion may be below existing grade PROPOSE' str FENCE /(TYP) #5712 ., ,. , .- .. ...,,, TW-869 131.1860.0 PROP. 8" CONC. R WALL TW•••863. BW••••,86 "."--PROPOSED SILT FEN' (TYP) ul Two planter boxes N-Do holding thin area of \--soil near foundation 8" SILVER MAPLE ' wall / OODW AS SHOWN ON ARR G. MAP SUPPLIED Y 0 ER / (855.3) 20" -ASH PROP. 8" CONC. RET. WALL TW863.75 BW•..860.0 PROPOSED DRIVEWAY 728" ASH A \\/ Sewer Line (857..3) 16" SILVER mAPLE N --.....UTILITY EASEMENT 860.2—PkORQSED FLOOD ELEVATIOISL,_ (657.4) SANITARY GREEN-`-'7111 FLAG 30" SILVER MALE (855,6) r.' (856.7) SEWER ( / STOCKPILE (TYP)FENCE yam. f 5 5 (856.8) \\*\705. 4'1A ( • ) 4 V4IPT, 1.0, -8.6- ••••-•... )2 ---.... LAMP '-'••• , POST -4..... N N 89°541 47" W 1 1 oCCk KROCK Kutak Rock LLP 60 South Sixth Street, Suite 3400, Minneapolis, MN 55402-4018 office 612.334.5000 Timothy J. Keane 612.334.5015 timothy.keane@kutakrock.com July 3, 2019 Kris Aaker Assistant City Planner City of Edina 4801 W. 50th Street Edina, MN 55424 Re: 5712 Woodland Lane: Administrative Appeal Application Dear Ms. Aaker: Please find enclosed the Administration Appeal Application with a $500 check in support of the appeal of the administrative determination of June 3, 2019, (attached) relating to the denial of a building permit request for Building Permit Number 163990. This denial determined the basement of the structure constitutes a "story" resulting in a three story home in excess of the maximum allowable height of 2-1/2 stories. The legal arguments in support of this appeal will be submitted under separate cover next week. Sincerely, Timothy Keane cc: Chad Holder (via email) Andy Porter (via email) 4814-2397-6347.1 6/4/2019 Gmail - 5712 Woodland Road M Gmail Foster Law <timothyfosterlaw@gmail.com> 5712 Woodland Road 2 messages Kris Aaker <KAaker@edinamn.gov> Mon, Jun 3, 2019 at 4:02 PM To: Timothy I Foster Law <timothyfosterlaw@gmail.com>, Chad Holder <chad@chadholder.com>, "aporter@refinedllc.com" <aporter@refinedllc.com> Cc: Emily Bodeker <EBodeker@edinamn.gov>, Cary Teague <cteague@edinamn.gov>, Roger Knutson <RKnutson@ck- law.com>, Ross Bintner <RBintner@edinamn.gov>, David Fisher <DFisher@edinamn.gov> Dear Timothy, Chad and Andy, The new home Building permit: #163990 for 5712 Woodland Road requires corrections per Planning Department ProjectDox review. The plans submitted are for a 3 story home with the basement included as a story per zoning ordinance definition: Sec. 36-10. — Definitions Stou means 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. It is City Staff and the City Attorney's interpretation that the proposed elevated concrete walls to be erected and filled with soil between the basement and elevated concrete walls, do not establish the filled soil area as proposed ground elevation adjoining the basement. The basement, (including basement wall area behind the elevated concrete walls filled with soil), has more than 50% of the exterior wall area above the ground and therefore must be counted as a story. The zoning ordinance limits R-1, single dwelling unit buildings to 2 1/2 stories. The proposed home is 3 stories acid does not comply with the maximum allowable height of 2 1/2 stories. <(/ <ec Kris Aaker, Assistant City Planner 952-826-0461 I Fax 952-826-0389 4801 W. 50th St. I Edina, MN 55424 KAaker@EdinaMN.gov I EdinaMN.gov/Planning Timothy l Foster Law <timothyfosterlaw@gmail.com> Mon, Jun 3, 2019 at 4:09 PM To: Kris Aaker <KAaker@edinamn.gov> Cc: Chad Holder <chad@chadholder.com>, "aporter@refinedllc.com" <aporter@refinedlIc.com>, Emily Bodeker <EBodeker@edinamn.gov>, Cary Teague <cteague@edinamn.gov>, Roger Knutson <RKnutson@ck-law.com>, Ross Bintner https://mail.google.com/mail/u/0?ik=0e38747097&view-pt&search=all&permthid=thread-f%3A1635354658374739207&simpl=msg-f%3A16353546583... 1/2 KUTAKROCK Kutak Rock LLP 60 South Sixth Street, Suite 3400, Minneapolis, MN 55402-4018 office 612.334.5000 Timothy J. Keane 612.334.5015 timothy.keane@kutakrock.com July 19, 2019 Via Email: kaaker(&,edina.mn.gov Kris Aaker Assistant City Planner City of Edina 4801 W. 50th Street Edina, MN 55424 Re: 5712 Woodland Lane: Administrative Appeal Dear Ms. Aaker: This letter is offered on behalf of the Holder Family Trust (the "Owner") as the owners of 5712 Woodland Lane (the "Property") in support of the appeal of the administrative determination of June 3, 2019, (attached as Exhibit A) relating to the denial of a building permit request for Building Permit Number 163990. This denial determined the basement of the structure constitutes a "story" resulting in a three story home in excess of the maximum allowable height of 2-1/2 stories. For the reasons set forth herein, we respectfully request the approval of the Building Permit by the Edina Board of Adjustment in this appeal. Background The Owner purchased the Property in October 2016. The Owner proposes to construct a two-story house with a full basement foundation on the Property. The Owner previously submitted a variance application to construct a home which was approved by the Planning Commission in November 2017. This decision was reversed on appeal by the Edina City Council in December 2017. The Owner revised its development plan for the Property and submitted a building permit application in May 2019 (the "5712 Plans"). This revised plan provided for a 2-story home with a basement that has more than 50% of the exterior wall located entirely below the proposed ground elevation contiguous to the basement. On June 3, 2019, City staff denied the building permit application because the 5712 Plans failed to comply with the 2-1/2 story requirement of Section 36-438 of the Edina Zoning Ordinance based upon the interpretation that: "the proposed elevated concrete walls to be erected and filled with soil between the basement and elevated concrete walls, do not establish the filled soil area as proposed ground elevation adjoining the basement. The basement, (including basement wall area behind the elevated concrete walls filled with soil), has more than 50% of the exterior wall above the ground and therefore must be counted as a story." It is this determination that is the basis of this appeal. 4823-3752-1308.1 KUTAK ROCK City of Edina July 19, 2019 Page 2 Statutory Interpretation The Zoning Ordinance defines "basement" as "a floor level of a building which is located partly or completely underground." Edina City Code §36.10. The Zoning Ordinance defines "story" to mean "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." Edina City Code §36.10. Staff has determined that the ground elevation as established behind the retaining walls does not establish "a ground elevation" for purposes of conforming to the 50% coverage below ground. The Edina City Zoning Ordinance does not define "ground elevation." In the absence of an express definition in a city zoning ordinance, courts look to rules of construction to give meaning to undefined terms, and Minnesota courts have established that a zoning ordinance's language should be given its plain and ordinary meaning. SLS Partnership v. City of Apple Valley, 511 N.W.2d 738, 741 (Minn. 1994); Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604, 608-09 (Minn. 1980); and that words should be accorded their common and approved usage. In re Haslund, 781 N.W.2d 349, 354 (Minn. 2010). When an ordinance's words are clear and unambiguous, neither a zoning authority, a landowner, nor a court can disregard the language's plain meaning to pursue what they think might be the ordinance's spirit. In re Haslund at 354. Further, Minnesota courts have established that if a provision in a zoning ordinance is ambiguous, it should be construed against the zoning authority and in favor of the landowner. Frank's Nursery, at 608. The interpretation of a township's zoning code is an issue of law, which a court must review de novo. Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604, 609 (Minn. 1980). Zoning ordinances are to be construed: (1) according to their plain and ordinary meaning; (2) strictly against a city and in favor of a landowner; and (3) in light of their underlying policy goals. Id. The Court must hold the City or other governing body "strictly" to its own zoning standards. Id. The Court must give weight to the interpretation of the ordinance that, "while still within the confines of the [ordinance], is least restrictive upon the rights of the property owner to use [its] land as [it] wishes." Id. At 608-609. A local government's interpretation of an ordinance is particularly suspect when the government attempts to add a definition to an undefined term in order to make it more restrictive. Id. At 609 (concluding that the City ofRoseville's interpretation of its ordinance was not persuasive where "community pressure compelled the council to attempt to" define an otherwise undefined term). 4823-3752-1308.1 KUTAKROCK City of Edina July 19, 2019 Page 3 Courts have frequently relied upon these principles of interpretation to reverse governmental refusals to issue permits. See, e.g., Frank's Nursery Sales, 295 N.W.2d at 608-609 (rejecting City of Roseville's conclusion proposed store selling lawn, garden, plant, and some craft items was not a "lawn and garden" center under city ordinance and affirming district court's order directing issuance of building permit); Gergen v. City of Mantorville, No. A05-1717, 2006 WL 1806383, at *3 (Minn. Ct. App. July 3, 2006) (concluding that the city of Mantorville erred when it interpreted "usual farm building" phrase in ordnance and affirming district court's order directing city to issue a building permit). The on-line Dictionary of Construction Terminology defines "grade" as "ground level, or the elevation at any given point" (see https://www.completedesign.cc/client-resources/dictionary- of-construction-terminology/355-grade). Accordingly, ground level and elevation may and does vary from point to point on the subject property. Merriam-Webster's online dictionary defines "point" as "a narrowly localized place having a precisely indicated position" or "a particular place" (see https://www.merTiam-webster.com/dictionary/point). Tthe foregoing definitions are not based on any existing, average, or median point. Therefore, the grade (or ground elevation) is the level of the ground (or earth, dirt, or soil) at each particular point on the subject property, regardless of where or when such is measured. The proper location to measure the "ground elevation" under the Edina City Code is the location "adjoining the basement" to the ground. Merriam-Webster's online dictionary defines "adjoining" as "touching or bounding at a point or line" (see https://www.merriam-webster. coin/dictionary/adjoining). The one-dimensional point or two-dimensional line in this instance is necessarily right next to the proposed exterior wall of the structure. Consequently, in accordance with the Edina City Code, the proper location to measure the "ground elevation" of a particular structure is the point or line at which each particular point of the ground touches the exterior wall of the structure. The 5712 Plans submitted by the Owner for the building permit at the Property clearly depict and propose a 2 story structure with a basement that has more than 50 percent of its exterior wall area located entirely below the proposed ground elevation adjoining the basement. To comply with the Edina City Code specified above, the location of the elevated concrete wall (or retaining wall) is irrelevant. Accordingly, the basement identified and depicted in the 5712 Plans should not and cannot be counted as a story. 4823-3752-1308.1 KUTAKROCK City of Edina July 19, 2019 Page 4 Equal Protection There are plenty of examples throughout Edina of houses (at various stages in construction) with basements where more than 50% of the exterior basement wall is not located entirely below ground elevation, and with a 2-story structure above. While these examples are too numerous to chronicle here, a few recent examples can be found at: • 5716 Fairfax • 5837 Brookview • 5901 Oaklawn • 5924 Interlachen 4823-3752-1308.1 KUTAKROCK. City of Edina July 19, 2019 Page 5 • 5905 Tamarac • 5420 Halifax In State v. Vadnais, the Minnesota Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prohibits the intentional, discriminatory enforcement of municipal ordinances. 202 NW2d. 657, 659 (Minn. 1972). In Northwestern College v. City of Arden Hills, the Minnesota Supreme Court examined an equal protection challenge to a municipality's application of its zoning and building regulations. 281 NW2d. 865 (Minn. 1979). In that case, a private college sought a declaratory judgment that the decision of the city denying its application for a special-use permit to build a fine arts center in a residential district was arbitrary, capricious, and void. Id. The Minnesota Supreme Court held that the denial of the special-use permit was discriminatory when similar permits had been granted previously to other private colleges and such a use was consistent with the municipality's zoning ordinance. Id. The court noted that the sole reason the permit was denied was because a neighborhood association expressed disfavor for the project. Id. The court stated that while neighborhood sentiment may be taken into consideration in any zoning decision, it may not constitute the sole basis for granting or denying a given permit. Id. One applicant may not be preferred over another for reasons unexpressed or unrelated to the health, welfare, or safety of the community or any other permissible standard imposed by the relevant zoning ordinance. Id. Furthermore, in support of the Owner's claim for equal protection under law, the Owner incorporates by reference the arguments provided to support the Owner's position in the Statutory Interpretation section above. Most notably, the City or other governing body is "strictly" held to its own zoning standards and the ordinance must be interpreted in a manner that is the "least restrictive upon the rights of the property owner to use [its] land as [it] wishes." Frank's Nursery Sales, Inc. at 608-609. 4823-3752-1308.1 KUTAK ROCK City of Edina July 19, 2019 Page 6 To receive equal protection under law, the Owner should be given the same right and allowances given to all (or substantially all) other Edina property owners who have received building permits that do not confirm to the 50% exterior wall coverage requirement from the City of Edina. Arguably, the Owner of the Property should be allowed to construct a house on the Property without any elevated concrete walls and without any requirement that the house have a basement with more than 50 percent of its exterior wall area located entirely below the proposed ground elevation. Conclusion Based upon the foregoing, the Holder Family Trust respectfully request a determination in support of this appeal of the June 3, 2019 staff interpretation, Sincerely,. Timothy J. Keane cc: Chad Holder (via email) Andy Porter (via email) Roger Knutson, City Attorney (via email) 4823-3152-1308.1 6/4/2019 Gmail - 5712 Woodland Road EXHIBIT A M Gmail 5712 Woodland Road 2 messages Foster Law <timothyfosterlaw@gmail.com> Kris Aaker <KAaker@edinamn.gov> Mon, Jun 3, 2019 at 4:02 PM To: Timothy I Foster Law <timothyfosterlaw@gmail.com>, Chad Holder <chad@chadholder.com>, "aporter@refinedlIc.com" <aporter@refinedllc.com> Cc: Emily Bodeker <EBodeker@edinamn.gov>, Cary Teague <cteague@edinamn.gov>, Roger Knutson <RKnutson@ck- law.com>, Ross Bintner <RBintner@edinamn.gov>, David Fisher <DFisher@edinannn.gov> Dear Timothy, Chad and Andy, The new home Building permit: #163990 for 5712 Woodland Road requires corrections per Planning Department ProjectDox review. The plans submitted are for a 3 story home with the basement included as a story per zoning ordinance definition: Sec. 36-10. — Definitions Story means 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. It is City Staff and the City Attorney's interpretation that the proposed elevated concrete walls to be erected and filled with soil between the basement and elevated concrete walls, do not establish the filled soil area as proposed ground elevation adjoining the basement. The basement, (including basement wall area behind the elevated concrete walls filled with soil), has more than 50% of the exterior wall area above the ground and therefore must be counted as a story. The zoning ordinance limits R-1, single dwelling unit buildings to 2 '/z stories. The proposed home is 3 stories and does not comply with the maximum allowable height of 2 1/2 stories. Kris Aaker, Assistant City Planner 952-826-0461 I Fax 952-826-0389 4801 W. 50th St. I Edina, MN 55424 KAaker@EdinaMN.gov i EdinaMN.gov/Planning - - Timothy I Foster Law <timothyfosterlaw@gmail.com> Mon, Jun 3, 2019 at 4:09 PM To: Kris Aaker <KAaker@edinamn.gov> Cc: Chad Holder <chad@chadholder.com>, "aporter@refinedllc.com" <aporter@refinedllc.com>, Emily Bodeker <EBodeker@edinannn.gov>, Cary Teague <cteague@edinamn.gov>, Roger Knutson <RKnutson@ck-law.com>, Ross Bintner https://mail.google.com/mail/u/0?ik=0e38747097&view=Pt&search=all&Permthid=thread-f%3A1635354658374739207&simpl=msg-f%3A16353546583... 1/2 6/4/2019 Gmail - 5712 Woodland Road <RBintner@edinamn.gov>, David Fisher <DFisher@edinamn.gov> Hello. Thank you for your email. EXHIBIT A (1) Would you please provide the definitions for "ground elevation" and "adjoining" used by the City for its interpretation of the Edina City Code? (2) Also, would you please identify the Edina Code section that identifies the "filled soil area" requirement you referenced? Thanks, again. Tim, Timothy Foster 612.965.4250 • timothyfosterlaw@gmail.com mvw.linkedin.com/pub/timothy-foster/11/21/932 PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION OR ATTORNEY WORK PRODUCT Do not share this message with any other person without prior permission from counsel. This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all versions and copies of the original message. 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MEDIA RM 9 frl 11 ---- 11 II 11,1,11,71 9,01.104111100 a ludo GARAGE LIIZ,00.t. Met 1=3 01;11:;Z: z 1A(011009,- 7 GReAT ROOM ID NTNG 9 ifecrI.00 RITCTIEN 02Ct 0400 EXERCISE BEDROOM 05 WRY p II T Eo,„ II ...rOCCA '!.grotZge. 0 Ore , 110T GARAGE AGL,11 1SL012AGE .rte ." rhanc0,14. ,-.... =7-=,,„‘;,, ELQ, pp „4 ,-,—,...,„ BATH #3 9 amp .-. ---1 .„,,„„,_,,,,,,r_rn , ,. BEDROOM #4 I I .- 1 LAUND HEARTH RM II 11 j1 II 11 .1046.0.21 itVtgl• GARAGE ;7'1E7 os4r,"1”. r4"'" 101111=111 S 0 1=1 10.La ,) WriK071.000 ten0.10B1.114.0.G S-12.00.01. -5 Ilarrollarn /6001004.000,10N1130 .0400.00.11.(410, 0 C. ct?Init 11111111 11111111 EXISTING HOUSE #5700 89°54'47" ea/ AQP ,oa ° otaeA) /1 /4,T. / OF MEM< BANK (et 7) WOODLAND LANE EAR I \ I \\I" 860.2-PR0POS0O mom ";7' 16. } / 1 1 / /1/ 1 / Melei t' few) 1 4 FLO6OWAY AS %OWN CR BroyM "PLED :• 1--rE1 Ig 54' 5 fr\ _Opt 1.▪ C.,...) ft, WiE to 1 / / / / DESCAPTON pretr. HADIIA MCA 9001 18-349 CERTIFICATE OF SURVEY FOR CHAD HOLDER OF LOT .4, COLONIAL GROVE FOURTH ADDITION J HENNEPIN COUNTY, MINNESOTA LEGAL DESCRIPTION OF PREMISES : Lot 4, COLONIAL GROVE FOURTH ADDITION • : denotes iron marker found (908.3): denotes existing spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum Bearings shown ore based upon an assumed datum. This survey intends to show the boundaries of the above desc 'bed property, the location of on existing house, major trees, spot levations, topography, and all visible "hardcover" thereon. It does not pur ort to show any other Improvements or encroachments. HARDCOVER CALCULATIONS : Lot area = 17,896 Sq. ft. House = 1650 sf Driveway = 897 sf Stoop = 86 sf Sidewalk = 208 sf Patio & wok = 555 sf Total = 3396 Sq. ft. 3396 / 17,896 x 100 = 18.98% NOTE: ACCURACY OF HARDCOVER LOCATION, AND EXTENT OF ADDITIONAL HARDCOVER IS LIMITED BY ICE AND SNOW COVER. GRONBERG AND ASSOCIATES, INC. CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS T WLLOW DRIVE NG LONE,LA IR 55355 952-473-4141 I hereby certIft that th1D pion; g y eeg r I c tlors or report and atrstrt t); ?lensed Land Surveyor Ledero. the tows of the Stale of Minnesota. Mark S. Oronbera Lannesota LIsens{Number 12755 scALE 1"=20' DATE 3-4-15 Ma Na. 19-349 ,PROJECT IOCATION PART OF SO of the NES, SECTION 19, TOWNSHIP 28, RANGE 24, HENNEPIN COUNTY, MINNESOTA. TEMPORARY DEWATERING DISCHARGE DETAIL EStizzlauf-- KILT PROTECIION OPTA5. m =XX 5=45115EZIK,VAT.5! ROCK CONSTRUCTOR ENTRANCE DFTPJI SIIT FFNCE DF/All ittgentaSt. LEGAL DESCRIPTION LOT 4, COLONIAL GROVE FOURTH ADDITION, HENNEPIN COUNTY, MINNESOTA SITE LEGEND: . Existing Property Lino Existing Adjocent Property Lino 438 Existing Contour 0/Eley. Tenn Propcsed Contour w/Elev. Text P Po ed B g Proposed Silt Ponca 0 Prop,. Inlet Protection 20 40 60 0549e0 SCALE ffil FEET Survey Data By. Benchmark: Gronberg and A.ociates 445 North Willow Drive Long Lake, MN 55356 952-473-4141 Top nut of hydrant on east side of Woodland Lone cul-de-sae. Elevation re 860.83 feet City Benchmark #1247 PARK EXISTING 3 HOUSE woe A COO SILT FENCE 1 \ e,D... ,. 1 a 4 „...... ..' '......A.V`''..... .\-, ?...,'' VT 9.3 610,.,.\\ \ ./it''''r.:11.,',7 4"."' FLOODWAY AS SHOWN --treads,. \ /............/W ir..,i, \ ON SURVEY •T.- >'‘'‘, .1Vtkl \ • 9‘1"--::-., "4:',,, 411: ..„,, \ NOTES. A) 61.000 ELEVATION 860.2 INDICATED ON EXISTING 00600100$ SURVEY Ed EXISTING STRUCTURE TO DE REMOVED 15Em858.3 MACAW ON 0015060 CONOMONS SURVEY 0) PROPOSED STRUCTURE LFE-882.2 FLOM/PLAN Flu. BELOW ELVM502 810 • am 0.7516 m6011118 .2.2.5cy WON \ Proposed clec Residence • FFEMT2.7 .>„). '70 FLOOZY/Cr AS SHOWN ON SURVEY 1.66.852.2 FENCE D) PROPOSED STRUCTURE 1.20-1358.3 TEMPORARY 01006 LE TO BE r REMOVED FROM FLOODWAY 24 HRS PRIOR TO ANDCIPATE0 FLOOD OF MINNEHAHA CREEK WENDING MOVE ELEVATION 858.0 %.` PARK FLOMWAY AS SHOWN ON ARMY c\n dar 0 n. gar I &VIER SEMENT ; I ... N 89-54'47" W 70.00 IVRr FLOODPLNN COMPENSATOR.' STOCAPILE EXCAVATION BELOW SILT FENCE .av-660.2 42,627 x ovg 0.31t TEMPORARY I m788of m29.2cy STOCKPILE // ,7Y 443y / -z7" / e / s unure EASEMENT ? 44, 414/ PROVIDE MANTLE 9 st 'ATP MarCEC E c/r ...(POP-1.1P OR ECIUAQ %leo • 4*.r SILT FENCE SILT FERC I gi CLIENT: REFINED, LLC 5905 Fairfax Ave Edina, MN 55424 612-961-9101 Wa E GO i t l e § '1 '6 00 bb c kr, 8 !Hz 01 PILE NO. 00660 1/1 Grading, Drainage, Storm Water Management, and Erosion Control Plan tww 08118117 POI.../110NPNEV2NTIONNOINS I. Solid waStel Cello.. 000i mord, aaphat and concrete rnIIIInott. lloodne dol.. powr. Wat, Ma, construction deb• and ot.r mato. mat be dlsw000d of prowl., off -ate and moot cornay ath MPG reetdromenta. 2. Horandous materials: eds. good point em , borer., subs... must be properly , stored. 00.108 21.1111.1y ZZLITer .[Lfr. VOZ b:pfIrltr:% pr condo/am Storage and 01.001.1 moat 0 . A camplIonce vollh NPLA regulationo. 2. Warne, rooMIng al Intelts or other contraction vehatos lo not allowed on site. No angina dogmas., is allowed on otht. mohouts aro atoned cor vile. GENE0IA1.0500120 wortist I. Specifications applicable for Nis pronect: Current standard Dpecifications for Ma City al Elim: Ne latest Minnesota epartment of Transportation Specincoliano for Highway Construction; and off WOES regukoments except where errodifiod by them rkmantants. 2. OSIN raquiremen. sMoli by followed for all work on this 3. The Controctor shall notify -Gopher Sta. Ono Call' 48 hours prior 10 any excavation (1-1300-232-I1663 4. PI o f Controctor shall verify all to.tions and elev.., of underground tnittass with utility companies prior to any construction, and .meeiately notify tho Engineer of any confect.. 5. Ent Rat sir. govern for easement, and Al dimensions. VFOITATION GROUND COVER 6CHSOULff 6. Arty erodes control items nee spry to protect aalocant I.Permanant lurl ground cover include all sl rove arm. be proportion shall be conamotod prior to the start of comp. wIth a mlnInturn 4. tame and voralorl or se.. co excavation or grading work. 0007102 by 21., or o. proppmed City oppromd londscaps plan 7. Fronon control mointonance shall Ira performed by the for the pro eel Grading Contractor, and ramokod par the Contract 2. Temporary ground corn shall be 41nOOT woe Iso NMI 0,r, ay &ad.,' My applied of 100 led/n. tbalOT Type 1 matt Molt be opplad at necessary Motorola/h. 0, disturbed ono. lono/ac 004 disc onMored one, not or.a by md ar 8, The Grading contractor ashen provide positive <Insincere on eroaon Plasoket. -20 fed applied at ,00 Mo alto at oh lanes. Grading laloroncos shall 0, 0.10' for hard surfacer arnoo. Grading tolerances for the remainder J. Itac. Olsc !.Medi MA top of moll. 4.8188011001 reference Is anCOT2325, of thy alto chaff be 0.25'. 4Donnont aged mo ehoil ba Her Newernber 1 or when Tho Cradles Contractor Chan lump public armory, Mins temperature. do nal exceed 40. F. usIng oerne rot, opocIfisd 100. and traval trays clear of troll and debris. Daffy 0000a Ms ned shall to placed on mow or Ica greater than cleaning at Me construction antrum., be per/armed, 2. M depth, especially at AD end of each data WON. 5. My seedod areas that do not botany alabashed vgetal. Mon roseeded ot Con.clor.o oxponso. G. Ero•on blanket shell be Ina tread are. gnsond aorta., slope, or SittlY or steepe. EWOSIONCONTWOLIIISTALLaTIONSLMEDULF I. VI Iona. MAMMY or reatoroct Oar to any ortstmodon. MN fence lack he tomla as shown to intercept runoff. The ctra1oterbeyonlhoanimeter et :pt net ba 2. Amin Construction Entrance .Nell be Installed odor to eroding otterallaran. 3, NI stem aewer inlets :hall hove inlet protection inserts 1.141102. In sarts shalt ba 'Wood Din-TDs slab" or 'Rood Orain-Cur. COtter - inlet protection devices as many, acturod 111000 (or approved equal) and installed per manufactures recommendations. 4. ird woolen contml antaltstIone shall rem. In place and be maIntained In good condition by Mc contractor until b et h has ban re-vegetated, at .alt !Imo It ral( be Annoy.y te contractor. For propos. comd soya/. ems, el,. contractor moy remove nocassary min 'manna to construct roadway, while maIntoin.0 adoduote ...Nen control In adjacent mega Z. Sufficient annem1 Moll be Malaga to allow for the roparament of a. topsail for disturbed are. to be naometated. 6, The contractor ;it% grorlag. c utilay . insla MM taLlon ‘ 70 :',71dee'rre'-Telent"as he ens 7Osle ee:on' isurbanc. Aram that all not be nob.. to conatruclAn NW. 41011 be coed and mulched er sodded tottha 72 haunt or (Mot grading. L'AOSIONCOMMOL AfAINTLAIAN SCAlE040.£ I. Ens* control moor., shall be Inooced the oonbaclor'• nrpreaeolotim end maintained by Pa !contracto r every Friday ami K M. 24 loom afar any roaroll event arca han I/2T until tho cornwlsted. metritenence reourrernonto an ce fol.,: oat fence - 1/3 haght of anal or damaged, remove codiment arid/or repair fence alba 24 hours: rook entrance - rofnah no necoaary to conform to delta: Nat prolectlen Inserts - macve sediment oxer each role awn, clean or repro. alar whom clogged, aorta. valor - drtes one dotal,. with. 22 nears a/ damn, slmat seerroAg - remove all warrant boated onto 000.0 saloon ratan 24 berm or at <awl. by Cly Org.... 2 Replacement - Fo.c moll be rept,. 9rOm001 "Mtn 5 acoma...A or becomes Inefloallm bolero the barefer Is no J. :n7ler:ZrZbraintng In place after slit lance ls no lancer .nail be dress. to conform with the foisting prepared. arid soeded aopropnate seed mt. as ran.. by , myna, 4. Remora of IM set Arnow- Skt knows shod a• removed Innen they hare armed Male useful p.m, but not before Me oPtord geeing en,o been promos., 10111.20. BESPONSIBLEPARry Contact In0rmtion far 070 responsible party for erosioncontrol 1st REFINED. LLC -a Gnera/ CoMmolor And PolarProloot 612-961-9101 ands rynagor 812-901-0301 moble aeortortheratedadcarn 6,10610NCONTWOLNOTIS I. NI denoro amatory to control oroson a. sediment 0.5. per,oter offt fonco rock canoinrctIon ontrances. swoloy. ponds, banns ETC.) doll tro bonded prior la any Weer construe., n000tions. 2 Tomo., wad, control sap otobIlloolion Mae ha completed Mt. 72 harry of disk.. arms Incl ore to rem. ratan and kr on n0 0 .0 temoorary condition. Temporary otabilication to be completed In coma/ant...I, linOOT 2579 ryvallicatlans. 3. Altar complellon of final eroding, exp000d oars moat be of oteeilaed wIthIn 2 ous. StabIlltollan oholl conNot of am.-anchonsd oat. rnolch or sed 00 allowed by CIty. or = :11"r%. The contractor en. , reopen.. kw temporary ditch, or other means moles, to marry pmper dranage. The Adding pod must Iry pond. witin pasillvo outflow. IAD walk *ha kncidental to the grating cetred. Cntennoryklang of the alto oho. occur only at ma canc./aka ontrancs ed. tracking of dirt onto paved tirade. Sed.at tracked onto stroery during mrang hour. mutt be ...mod •IreelsempIng and swooping at Ma end al each oorldng Temomoni devoterhA ear, out to be Obroharged le ...good. Toroporary Nootertro DaMorge per de,1 what. a sedmnl 6Por .g central. of ma. 017.0 nan-waven Ater fabric. to provide ent and sediment removal nom Term ono- to demo,. to appropriato erolnag• area. mfi,a,11,1INGDsco'RIV'E IULOR l41. 2-°9 LEGEND PR .4 CY OPOSED ELOODP ri IAN,FEAT 20 of t L o ogo , F4LAIN COMPENSATORY EXCAVATION r41cfagrTa',WZO4,1Kit Tr01 "W'n FiE70 TOTAL 0.18088000 SURFALL 3,008 5,00 IMAL101101. SURVALL 8.1010.0 - sr (MAAS nit 001151 ARCA TO MONT YAM 2.200 2302 AR. TO IREAR YARD 1.370 3.1to / mug Front (North) yard orrice drain to public atom! Woodland Lane. Propooed trnpervious surface Is 241 ef argo, than astatine condition. It Is understood capacity le avollable with. public drainage k.astructura for k.r000ad atom, doter runoff and Adam, from areas drotnkry to 00012 adorns. Roar (South and East) yard area drains to Minna/10hr. Creek. Proposed impervious Airfoce la 1,531 el lo,er than existing condition. It le underatoad roar yard drainage far the proponed condition In allowed to dluhorge erect to the croak. a. 5. ti ESI4Mte 111111111111111111 Agenda Planning Commission City Of Edina, Minnesota City Hall, Council Chambers 4801 West 50th Street Edina, MN 55424 Wednesday, October 11, 2017 7:00 PM I. Call To Order II. Roll Call Ill. Approval Of Meeting Agenda IV. Approval Of Meeting Minutes A. Minutes, Planning Commission, September 27, 2017 V. Public Hearings A. Variance request 5712 Woodland Lane VI. Community Comment During "Community Comment," the Board/Commission will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Board/Commission Members to respond to their comments tonight. Instead, the Board/Commission might refer the matter to staff for consideration at a future meeting. VII. Reports/Recommendations VIII. Correspondence And Petitions IX. Chair And Member Comments X. Staff Comments Xl. Adjournment The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. CIFTV OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov Date: October 11, 2017 Agenda Item #: V.A. To: Planning Commission Item Type: Report and Recommendation Fro m: Kris Aakei; Assistant City Planner Item Activity: Subject: Variance request 5712 Woodland Lane Action ACTION REQUESTED: Approve the variance as requested INTRODUCTION: The applicant is requesting to increase the first floor elevation 7.1 feet higher than the current home's first floor elevation in order to construct a new home at 5712 Woodland Lane. This property is located in the Minnehaha Woods neighborhood and a large portion of the property is located within the floodplain. The City of Edina's Engineering standards require the basement elevation of the new home to be 2 feet higher than the FEMA base flood elevation. The requirement for increased height in basement elevation impacts the ability for the project to conform to the maximum first floor height requirement of 1 foot. ATTACHMENTS: Staffreport and attachments B-18-17 STAFF REPORT Date: To: From: October I 1, 2017 PLANNING COMMISSION Kris Aaker, Assistant City Planner Subject: B-17-18, A 6.1 foot first floor elevation variance request for a new home located at 5712 Woodland Lane. Recommended Action: Approve a 6.1 foot 1st floor height variance to allow the construction of a new home with a new I" floor more than one foot above, (7.1 feet total), the existing first floor elevation for the property located at 5712 Woodland Lane. Project Description: The applicant is requesting to increase the first floor elevation 7.1 feet higher than the current home's first floor elevation in order to construct a new home at 5712 Woodland Lane. This property is located in the Minnehaha Woods neighborhood and a large portion of the property is located within the floodplain. The City of Edina's Engineering standards require the basement elevation of the new home to be 2 feet higher than the FEMA base flood elevation. The requirement for increased height in basement elevation impacts the ability for the project to conform to the maximum first floor height requirement of I foot. The property is located at the end of Woodland Lane Cul-de-sac and backs up to Minnehaha Creek. The multi-level home was built in 1952 prior to the FEMA floodplain study conducted in 1979 to determine flood risk areas. The lowest level of the home is at 858.3, which is 3.9 feet lower than the minimum flood protection elevation of 862.2. This is a neighborhood prone to flooding with most of the homes built prior to the flood plain study and with many having low floors below the flood protection elevation. It is a City and Watershed District goal to elevate and remove homes out of the flood hazard areas when the opportunity presents itself. City of Edina • 4801 W. 50th St. • Edina, MN 55424 STAFF REPORT Page 2 Information / Background: A variance is required to allow the first floor elevation of the new home to exceed the first floor- elevation of the existing home by more than one foot. The current home located at 5712 Woodland Lane has a first floor elevation of 865.6 feet above sea level. This neighborhood in Edina is located in a floodplain area, and the established floodplain elevation is 860.2. The minimum basement elevation must be no less than 2 feet above the flood elevation so the minimum basement elevation for the property is at 862.2 feet. Eligibility Requirements for Issuance of a Variance for I' floor elevation. City Code allows for the issuance of a variance to increase the first floor elevation of a new home over one foot above the existing home fewer than one of the following circumstances: I) To elevate the lowest level of the dwelling to an elevation of two feet above the 100-year flood elevation, as established by FEMA; 2) To elevate the lowest level of the dwelling to protect from groundwater intrusion; 3) To elevate the first floor elevation to the extent necessary to meet the state building code, city code, or statutory requirements; Furthermore, a variance may only be issued if the proposed project fits the character of the neighborhood in height, scale, and mass. This property is situated at an elevation that is within the floodplain with a portion of the home within the FEMA Floodway. Standard setbacks apply to the lot with the location of a municipal sanitary sewer main bisecting a large portion of the property and creating a challenge, (in addition to flood plain), limiting building location. No building area may encroach within the easement for the sewer main. Given the flood plain, sewer easement and required setbacks, the fairly large lot is severely limited in building footprint opportunity. In staff's analysis, the proposed home fits the character of the neighborhood with regard to height, scale, and massing. There have been several teardown/re-builds in this neighborhood with the proposed home below the maximum 40 foot height restriction as measured from average existing grade. No variance is requested for over-all height even given the increase in site and floor elevations needed to bring the property out of the flood zone. The large lots make it easier to keep a comfortable separation from the neighbor to the north and conform easily to lot coverage. STAFF REPORT Page 3 Therefore, staff believes the first floor elevation request meets the eligibility requirements for consideration of a variance. Surrounding Land Uses Northerly: Single Unit residential homes; zoned and guided low-density residential. Easterly: Single Unit residential homes; zoned and guided low-density residential. Southerly: Single Unit residential homes; zoned and guided low-density residential. Westerly: Single Unit residential homes; zoned and guided low-density residential. Existing Site Features The existing 17,896 square foot (1/3 acre) lot is located immediately adjacent to a home north, with Minnehaha Creek surrounding south and portions of the east and west lot. The property is within the flood zone. The existing multi-level home is to be removed. Planning Guide Plan designation: Low-Density Residential Zoning: R- I, Single-Dwelling District Engineering The grading must not impact adjacent neighbors. The Environmental Engineer has reviewed the application and submitted comments in the attached memo. STAFF REPORT Page 4 Compliance Table City Standard Proposed Front —Woodland Lane Side - North Rear— West 30 feet 10 feet 25 feet 35 feet 10 feet 47 feet Building Coverage 25% I2.2% Building Height IVC Floor Height 40 feet 865.6 39 feet *872.7 *Variance required PRIMARY ISSUES & STAFF RECOMENDATION Primary Issues • Does the proposed new home meet the criteria for approval of variances with a with a first floor elevation 7.1 feet higher than the existing home? Staff believes the proposal meets the criteria for a variance to allow the first floor elevation 7.1 feet higher than the existing home for the following four reasons: I. The proposed use is permitted in the R- I Single Dwelling Unit District and complies with zoning standards, with exception of the new l floor elevation height. The proposed home design elevates the lowest level of the dwelling to an elevation two feet above the 100-year FEMA flood elevation of 862.2 removing it from the flood zone. 2. The variance allows the new home to be elevated out of the flood zone and maintain a comfortable distance from the neighbor to the north. STAFF REPORT Page 5 3. The proposed home design project fits the character of the neighborhood in height, scale, and mass. The home is appropriate in size and scale for the lot and the improvements will enhance the property. 4. The new home could actually be taller from existing grade, (40 Ft instead of 39 Ft proposed), and larger in terms of coverage if not for the sanitary sewer easement that cannot be encroached upon. Staff Recommendation Staff recommends approval of the variance, as requested subject to the findings listed in the staff report above, and subject to the following conditions: I. The site must be developed and maintained in conformance with the following plans: • Survey date stamped September I I, 2017. • Building plans and elevations date stamped September I I, 2017. 2. Compliance with the conditions and comments listed in the Environmental Engineer's memo dated. Deadline for a City decision: November 10, 2017. REFINED 5712 Woodland Lane Variance request Sept 11, 2017 Planning Commission members, Our team has been working on developing a new home design for the property at 5712 Woodland Lane for almost a year. A portion of the existing home on the property currently resides in the FEMA Floodway and the entirety of the existing home's lowest level floor is well below (+/-4') the 100 year floodplain requirements. Making this property even more challenging is the "Municipal Sanitary sewer main" which runs from north to south through the center of the property. This sewer line also requires us to maintain a setback, further reducing our design options. Edina City engineering officials have expressed to us their eagerness to get the existing home completely out of the floodway and to have a new home meet current code per the 100 year floodplain ordinances. Through our design work we have accomplished both. To accomplish this we will need the following variance. The variance required will allow the new home first floor to be built more than 12" above the existing home first floor level. Our plan requires the new first floor to be at +/-872.7 versus the maximum 866.6 which is what the 12" ordinance allows. Because our new home needs to have a lowest floor of 862.2 or more (the floor needs to be at least 2 feet above the 860.2 set by FEMA). Therefore the variance we are requesting is to allow our new home first floor elevation to be +/-6.1' above what the ordinance allows. Additionally, in preparation for the variance request we have consulted with the Minnehaha Watershed engineers and they have supported our plan and are looking forward to the formal permit application process. Like the Edina City engineers the watershed engineers are also excited that this existing home is being removed from the floodway. Info Table from supporting documents; Current/Existing home lowest floor: Edina Ordinance for new home lowest floor: New home lowest floor planned: Current/Existing home first floor elevation: Edina Ordinance allowed for new first floor: New home first floor planned: 858.3 862.2 (must be 2' above floodplain) 862.2 865.6 866.6 (12" above existing) +/-872.7 Thank you for your consideration in this matter. Andy Porter REFINED, LLC Kris Aaker From: Andy Porter • Sent: Wednesday, October 04, 2017 3:49 PM To: Kris Aaker Subject: RE: 5712 Woodland Lane +/-8'6" From: Kris Aaker [mailto:KAaker@EdinaMN.gov] Sent: Wednesday, October 4, 2017 11:14 AM To: Andy Porter • • ' - Subject: 5712 Woodland Lane Andy, Do you have a basement ceiling height for this project? Thanks Kris Aaker, Assistant City Planner 952-826-0461 I Fax 952-826-0389 4801 W. 50th St. I Edina, MN 55424 KAakerEdinaMN.qov I EdinaMN.00v/Planninq 1 DATE: October 4, 2017 TO: Cary Teague — Planning Director FROM: Charles Gerk PE — Graduate Engineer Jessica Wilson CFM - Water Resources Coordinator RE: 5712 Woodland Lane - Variance Review The Engineering Department has reviewed the subject property for street and utility concerns, grading, storm water, erosion and sediment control and for general adherence to the relevant ordinance sections. This review was performed at the request of the Planning Department; a more detailed review will be performed at the time of building permit application. Plans reviewed include the existing site survey dated 03/04/15 and the storm water management plan dated 08/08/17. Summary of Review The proposed plans include the demolition of an existing home, lot grading and the construction of a new home at 5712 Woodland Lane. The subject property is located within the FEMA 1% annual chance special flood hazard zone, with a base flood elevation of 860.2 feet. The subject property also has a sanitary sewer easement that runs north-south through the middle of the lot. Engineering has worked with the applicant over the past several months to ensure compliance with relevant ordinances and policies. The plans as proposed, preliminarily comply with relevant engineering ordinances and policies. Grading and Drainage Grading of the site will include a large amount of fill and several retaining walls. This work is proposed outside the floodplain area. The grading proposed directs stormwater runoff to either the street or creek, away from neighboring private properties. Erosion and Sediment Control Perimeter control is required, and will be required for a building permit. Inlet protection is also required. Extra caution should be taken to protect the creek. Floodplain The subject property is located within the FEMA I% annual chance special flood hazard zone, with a flood elevation of 860.2 feet. A low floor elevation of 862.2 feet or greater is required to meet Chapter 36, Article I0 of the Edina City Code. Proposed plans indicate a lowest floor elevation of 862.2 feet. Additionally, grading done in the floodplain will require engineering to verify an equal amount of cut to fill so as to preserve the existing floodplain storage. Street and Curb Cut A curb cut permit will be required prior to construction of the driveway. Water and Sanitary Utilities No Comments ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 www.EdinaMN.gov • 952-826-0371 • Fax 952-826-0392 Other Items A Minnehaha Creek Watershed District erosion and sediment control permit will be required at building permit application. The applicant has contacted the district to ensure no wetland delineation was required. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 wmv.EdinaMN.gov • 952-826-0371 • Fax 952-826-0392 5712 Woodland Ln Panel 27053C0364F Effective Date: November 4, 2016 FEMA Base Flood Elevation = 860.2 ft (NGVD29) Legend cirri Building Footprint Parcels 0 Water Roads "N., Contours 2ft FLOODWAY AREA 1% ANNUAL CHANCE FLOOD HAZARD 0.2% ANNUAL CHANCE FLOOD HAZARD May 2017 2016 FEMA Map 5712 Woodland Ln Edina, MN Hennepin County Property Map Date: 10/4/2017 PARCEL ID: OWNER NAME: PARCEL ADDRESS: 5712 Woodland La, Edina MN 55424 PARCEL AREA: 0.41 acres, 17,897 sq ft A-T-B: SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Non-Homestead MARKET VALUE: TAX TOTAL: ASSESSED 2017, PAYABLE 2018 PROPERTY TYPE: Residential HOMESTEAD: Non-homestead MARKET VALUE: Comments: This data (I)Is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuilable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2017 Hennepin County Property Map Date: 10/4/2017 Comments: This data (i) Is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) Is furnished with no warranty of any kind; and (iii) is notsuitabie for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury orloss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2017 PARCEL ID. OWNER NAME: _ PARCEL ADDRESS: 5712 Woodland La, Edina MN 55424 PARCEL AREA: 0.41 acres, 17,897 sq ft A-T-B SALE PRICE: SALE DATA: SALE CODE ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Non-Homestead MARKET VALUE TAX TOTAL: . ASSESSED 2017, PAYABLE 2018 PROPERTY TYPE: Residential HOMESTEAD: Non-homestead MARKET VALUE Jackie Hoogenalcker From: t Sent: Sunday, October 01, 2017 10:00 AM To: Jackie Hoogenakker Subject: 5712 Woodland Lane Edina MN B-17-18 Hello, City Hall Planning Department; David and Leslie Jepson have zero issue with the B-17-18 Case File and plan for 5712 Woodland Lane. We are grateful families are moving to and developing homes in Edina. We fully support what they need to do to create a safe and secure home. And with the talk of the "falls" coming down, the results for homeowners on the creek is an unknown. Only as best as the experts can predict. To those that object, please take a tour of the other Minneapolis first ring suburbs. So our vote is yes! Thank you for the notice. Welcome to the neighborhood!! Leslie and David Jepson 1 PARK \ 1 1 1 1 2 CERTIFICATE OF SURVEY FOR CHAD HOLDER OF LOT 4, COLONIAL GROVE FOURTH ADDITION J HENNEPIN COUNTY, MINNESOTA / / / / WOODLAND LANE 6'64' 4 Reco'b Q-3 Coe 3 EXISTING HOUSE 0708 two \ ono ,;1\ \ot:r \N 0 San ‘'‘ 6 \ az") pis SEWER EASOfrENT Mee 5 5 C.1 ri 89°54' 47" W 70.00 too/ rii‘TOP 02 Cre134 SAW LEGAL DESCRIPTION OF PREMISES : Lot 4, COLONIAL GROVE FOURTH ADDITION • : denotes iron marker found (9003): denotes existing spot elevation, mean sea level datum - - gt7-- -: denotes existing contour fine, mew sea level dolum Bearings shown are based upon on assumed datum. This survey intends to show the boundaries of tha above described property, the lacolion of an existing house, major trees, spot elevations, topography, and of visible "hardcover" thereon. It does not purport to show ony other improvements or encroachments. 111.3) 11.1.1:12 HARDCOVER CALCULATIONS : Lot area = 17,896 Sq. ft. House 1650 sl Driveway = 897 sf Stoop = 86 sf Sidewak = 208 sf Patio & we& = 555 st Total = 3396 Sq. It. 3396 / 17,896 x 100 a 19.985 NOTE: ACCURACY OF HARDCOVER HARDCOVER 15 DATED BY LOCATION, AND EXTENT OF ADDITIONAL ICE AND SNOW COVER. 141OVOSI 11/4200 90161 sou r-20' GRONBERG AND ASSOCIATES, INC. CONSULTING ENGINEERS, LAND SURVEYOR ,S16331 & SITE PLANNERS 445 11 titION CCM tan ME. ket, 55356 952-473-4141 It661 paereri y wopik... a report the Ian, m .c;r1 thth o s ea e L at zd Sfect67e7r Oak S. Cratere I/remota Lleensb'14srber 12755 15-349 15-349 ant 3-4-15 L / / / / / / / / ./ //7 Rafts iv Ma. Dakar,' PereLgrp Won, HoW 8 • Renter 1,1•1112. ' AAA 5.4•17 ITSpaeo OetvamWaV and CrivawpW2TPa4 or. do WO Cans SIdao Chad Holder DESIGN/SALES REP: 11m Johnson DESIGN ASST: Katie Nicklow 2381P1101 If nob Rd Concept Design /17 OA.8/1 emu 122012 PM Mnsma2017 08 00 Helder Plan. Mone: oO1.203.3COO Pa z CI Ale.1734 levIsmdollt,o,M iDIDSI $011,DIVIEWi 5712 Woodland Ave Edina, MN 55424 nJumpront.l.r iirlEir4iTSF.7==. Rovledon eloto Salo 8' 0 VERT/CAL SCALE 1 id Del IIDOZAVIAL SCALE 1 belt ket e set oere r s 14 .leteratt Pnvnr 1v6iys4-09:1 tRFLSID n COIL ENGINEERING P. SITS DESIGN :0113031 3115 mir r K 4.5 Ir glig 1 ii 1 li ggi '1 Ma -1 F' 24 ,:ligl I 1 q; 'EPA A A :P111 ' Ir: eR 3.- A , -- A_,. 4.4T,,,.. / 1 2g )-,_r1,- if 21 . :1''' 0 / p $ Z __,/ ii4 : 1 1r --V 7 ,1 g? 4g Cd,O- i 6'4-eir --s--...., ' ...„.. i DOE 08/18/17 DRAMA, HI SD 2 DeOrelif0 BY SO citatav BY SD Int9D55 1:1.144A4 ANN ere erce le et, trc,IN re, e-re • / /en* entry thrt . Hn ecee4ecre, cr R o trope. ty per cc tr-carere erect se, Item cr. MI tes 4 44 licalene etore. xi re*. vrJer 0A .9 of Stele e Ittoreat4 o, 09/08/17 010 ILL 24348 5712 Woodland Lane Edina, Minnesota GRADING, DRAINAGE, STORM WATER. MANAGEMENT, AND EROSION CONTROL PLAN ?1; 5712 Woodland Lane Edina MN 4020 4020 5712 Woodland Lane FEMA Base Flood Elevation = 860.2 ft (NGVD Panel 27053C0364F (revised pr mary) Legend Building Footprint Parcels Water Roads FLOODWAY AREA 1% ANNUAL CHANCE FLOOD HAZARD 0.2% ANNUAL CHANCE FLOOD HAZARD N A July 2016 revised prelim FEMA Map • Sanitary main Barr Cesfar. ArcGIS 10.2.2 201 ,4 ,, 4 V 1 n•V! F I.: I.XVII.rdLAmVinKIor l :...atereAnat W .G.t V V VIms Iacn ar. .e .0 User: J.0 Eguiq Z HOLDER RESIDENCE 0 -1 m Xi 73 9 2mgfadec2 5712 WOODLAND LN. T1 mo Z 0 EDINA, MN ri - cs) : 0 : Z ItAiVw" JAUN DESIGN t•para,no Your Sins REFINED ion EAST ELEVATION N. TUT OWE REVIEW 11-14-16 SOFT STUDY 01-03-17 SCH. DES. 'C 01-31-17 SCH. DES. 02-1447 FINAL CONCEPT 03-02-17 FINAL CONCEPT 03-0747 LANDSCAPE CIVIL REVIEW 07.14.17 VARIANCE SUBMISSION 09-02-17 NEIGHBORS HOUSE IN BACKGROUND EXTERIOR RENDERINGS AS SOUTH ELEVATION JALIN DESIGN ,eur less 1-^ 1 III RAISED STOOP EAST ELEVATION ••••••••• 1 L NORTH ELEVATION III .1•1•Mal.. REFINED SITE REVIEW 11-14-16 SOFT STUDY 01-03-17 SCH. DES. 01-31-17 SCH. DES. 02-14-17 FINAL CONCEPT 33-02-17 FINAL CONCEPT 03-07-17 LANDSCAPE CIVIL REVIEW 0744-17 VARIANCE SUBMISSION 09-02-17 EXTERIOR RENDERINGS A6 CURRENT/EXISTING CONDITIONS ("New" lowest floor required to be 862.2) PROPOSED CONDITION, OVERLAYING EXISTING CONDITIONS PROPOSED CONDITION (WITHOUT LANDSCAPING/PLANTS) Draft MinutesE Approved MinutesEl Approved Date: 10/25/2017 Minutes City Of Edina, Minnesota Planning Commission Edina City Hall Council Chambers October 11, 2017 I. Call To Order Vice-Chair Nemerov called the meeting to order at 7:05 P.M. II. Roll Call Answering the roll: Commissioners Lee, Thorsen, Strauss, Hamilton, Bennett, Vice-Chair Nemerov. Student Member Mittal. Staff, Assistant Planner, Aaker Sr., Water Resources Coordinator, Wilson, Communications Coord., Eidsness, Support Staff, Hoogenakker. Absent from the roll: Commissioners Hobbs, Olsen, Jones, Berube. III. Approval Of Meeting Agenda A motion was made by Commissioner Thorsen to approve the October I I, 2017, meeting agenda. The motion was seconded by Commissioner Strauss. All voted aye. The motion carried. IV. Approval Of Meeting Minutes A motion was made by Commissioner Thorsen to approve the minutes of the September 27, 2017, Planning Commission Meeting. The motion was seconded by Commissioner Strauss. All voted aye. The motion carried. V. Public Hearings A. Variance. Refined LLC. 5712 Woodland Lane, Edina, MN Staff Presentation Planner Aaker reported that the applicant is requesting to increase the first floor elevation 7.1 feet higher than the current home's first floor elevation in order to construct a new home at 5712 Woodland Lane. This property is located in the Minnehaha Woods neighborhood and a large portion of the property is located within the floodplain. The City of Edina's Engineering standards require the basement elevation of the new home to be 2 feet higher than the FEMA base flood elevation. The Page 1 of 6 Draft Minutes0 Approved Minutes© Approved Date: 10/25/2017 requirement for increased height in basement elevation affects the ability for the project to conform to the maximum first floor height requirement of I foot. The property is located at the end of Woodland Lane Cul-de-sac and backs up to Minnehaha Creek. The multi-level home was built in 1952 prior to the FEMA floodplain study conducted in 1979 to determine flood risk areas. The lowest level of the home is at 858.3, which is 3.9 feet lower than the minimum flood protection elevation of 862.2. This is a neighborhood prone to flooding with most of the homes built prior to the flood plain study and with many having low floors below the flood protection elevation. It is a City and Watershed District goal to elevate and remove homes out of the flood hazard areas when the opportunity presents itself. Aaker explained that a variance is required to allow the first floor elevation of the new home to exceed the first floor elevation of the existing home by more than one foot. The current home located at 5712 Woodland Lane has a first floor elevation of 865.6 feet above sea level. This neighborhood in Edina is located in a floodplain area, and the established floodplain elevation is 860.2. The minimum basement elevation must be no less than 2 feet above the flood elevation so the minimum basement elevation for the property is at 862.2 feet. Planner Aaker concluded that staff recommends approval of the variance, as requested subject to the findings listed in the staff report above, and subject to the following conditions: 1. The site must be developed and maintained in conformance with the following plans: • Survey date stamped September I I, 2017. • Building plans and elevations date stamped September 11, 2017. 2. Compliance with the conditions and comments listed in the Environmental Engineer's memo dated. Appearing for the Applicant Andy Porter, Refined LLC Comments/Questions Planner Aaker was asked how tall the new house was. Planner Aaker responded that the house as proposed is 39-feet high, adding 40-feet is the maximum height allowed. The ridge height is at 901. The discussion continued with some Commissioners questioning the overall building height of the house and how height is measured. Planner Aaker explained that height is measured from the existing grade. She pointed out that the house being torn down is a multilevel house, adding first floor height is measured at the threshold where you enter the front door. She stressed this is not a typical house measurement; reiterating multilevel homes are difficult to work with and are challenging for homeowners and builders. Continuing Aaker further noted the homeowner desires a garage and basement area. Aaker further Page 2 of 6 Draft Minutes0 Approved Minutes© Approved Date: 10/25/2017 pointed out that the City of Edina requires houses to have basements. Concluding, Aaker noted the basement ceiling height is proposed at 8'6", which is not an unusual ceiling height in modern American homes. Water Resources Coordinator Wilson explained that the City requires the basement elevation of a new home to be 2-feet higher than the FEMA base flood elevation. She noted the lowest level of the new home is 585.3 which is 3.9-feet lower than the minimum flood protection elevation. Coordinator Wilson also noted that it is the goal of the City and the Watershed District to elevate homes out of flood hazard areas when the opportunity presents itself, such as in this instance. Wilson pointed out that the variance request is the result of a zoning ordinance requirement that limits the first floor elevation of a new home to be no more than I-foot above the existing. Wilson said in instances of floodplain that can be impossible to accomplish; reminding the Commission, they require a minimum raise of 2-feet. Coordinator Wilson was asked to address house placement and fill. Wilson explained that in the rear yard area there would be minimal fill. She pointed out that the house is being positioned closer to the street to lessen impact. Wilson was also asked if part of the review process would include requiring the applicant to include drain titles and gutters when built. Wilson responded those requirements are not part of this process; however, they could be included in the storm water management plan at the time a building permit is applied for. Continuing, Wilson stressed that all runoff would be directed toward the street or to the creek, not onto adjacent properties. Public Hearing Vice-Chair Nemerov opened the public hearing. The following residents spoke to the issue: • DD Drays 5633 Woodcrest Drive, Edina, MN (across creek) • Martin Freeman, 5637 Woodcrest Drive, Edina, MN (across creek) • Kent Oaks, 3936 West 58th Street, Edina, MN • Laurie Grotz, 55 13 Park Place, Edina, MN • Tracy Eickhorn-Hickes, 5708 Woodland Lane, Edina, MN A motion was made by Commissioner Thorsen to close the public hearing. The motion was seconded by Commissioner Lee. All voted aye. The motion carried. Discussion/Comments Commissioners shared the following: • It was noted that a variance would be required to build any house on this lot to raise it out of the flood plain. It was also acknowledged that the subject site has unique restraints to include; the Page 3 of 6 Draft MinutesD Approved Minutes Approved Date: 10/25/2017 flood plain, required setback from the creek and a sewer line bisecting the site. These restraints reduce the size and location of the building pad. • It was pointed out that this is a low area. It was suggested that there are other options (variance for building without a basement) and other house designs that would reduce the visual impact. A thoughtful design could alleviate concerns expressed by neighboring property owners. In addition, when making a decision on if a variance should be granted it would be beneficial to the Commission to be able to review all drainage plans. It would be very helpful if those plans could also reflect the final as built. It is hard to make a decision when final information is not provided. • It was acknowledged that this is a tough balance. Reiterating the new home must be brought out of the flood plain. What is important to know is where the water is going, the rate of flow and how it is stored. The visual appearance of the house is subjective. Confusion was expressed on the lack of information on drainage and erosion control. Mr. Porter referred to the drainage and erosion control plans found in the packets and highlighted how drainage and erosion control would be managed. With regard to fill, Porter said little fill would be required; except for constructing the new driveway. Mr. Porter was asked if he submitted a permit to the Watershed District and if so were there any conditions to approval. Porter responded that at this time the Watershed District has not formally commented on the permit; however, they are aware of the permit, adding it is a normal review process for them. Porter said the Watershed District indicated to him that they did not see any issues. Porter noted the Watershed District does not comment on permits until after City review. It was pointed out the variance requested is a height variance, adding that indicates height matters. An opinion was shared noting that the house depicted is similar to other new houses being built in Edina, adding that is not a bad thing; however, the variance is about height and the design of the new house is too tall. It was acknowledged that a masterful job was done in getting the house to fit on the site despite the lots many restraints; however, the homes design does not address the height with sensitivity. More could be done. A discussion ensued on the option of tabling the variance request until final storm water management plans are completed and presented to the Commission. Planner Aaker responded that the Commission could ask the applicant if they want to table the issue and see if they were agreeable. It was noted by staff that adequate drainage and erosion control plans were submitted; however, it was acknowledged that the final plans are part of the building permit and engineering review processes. Aaker further explained that whatever decision is reached there is an appeal process. The discussion ensued on water quality and the rate at which runoff would shed from the new driveway. Porter agreed that runoff from the new driveway would be quicker; however, the changes made to the front yard would slow down that rate. Porter said that in reality the driveway and changes to the front yard area would offset each other by slowing down the rate from the front yard and speeding it up from the driveway. The outcome of the storm water management plan would be net neutral. Page 4 of 6 Commissioner Bennett shared commen the 44th and France Avenue Small Area Plan Working Group. IX. Staff Comments None X. Adiournmen Draft Minutes0 Approved Minutes® Approved Date: 10/25/2017 Resource Coord. Wilson explained to the Commission that the City does not regulate water quality for any building permit unless they are landlocked pieces; this is not. Water quality is part of the permit process with the watershed district. Motion A motion was made by Commissioner Hamilton to deny the variance as submitted. The motion was seconded by Commissioner Lee. Ayes; Lee, Hamilton. Nays; Thorsen, Strauss, Bennett, Nemerov. Motion to deny failed 2-4. A motion was made by Commissioner Thorsen to approve the variance based on staff findings and subject to staff, conditions with an additional comment that the Building and Engineering Departments are to pay careful attention to drainage and storm water runoff to ensure neighbors are not negatively impacted. The motion was seconded by Commissioner Strauss. Ayes; Thorsen, Strauss, Bennett, Nemerov. Nay; Lee and Hamilton. VI. Commun None VII. Correspondence And Petitions Vice-chair Nemerov acknowledged back of packet materials. VIII.Chair And Member Comments Commissioners Strauss and Lee briefed the Commi on the status of the 70th and Cahill Small Area Plan Working Group. The noted they met for rst time on October 5th, adding it went well. Commissio ittal moved to adjourn the meeting of the Edina Planning Commission at 9:10 PM. mmissioner Thorsen seconded the motion. All voted aye. Motion to adjourn carrie Page 5 of 6 RESOLUTI O. 2017-114 RESOLUTION UPHOLDING THE PLANNING COMMISSION DECISION TO APPROVE A VARIANCE TO EXCEED THE I-FOOT FIRST FLOOR ELEVATION OF THE PREVIOUS HOME AT 5712 WOODLAND LANE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section I. BACKGROUND, 1.01 Refined, LLC requested a variance to increase the first floor elevation of the new home 6.1- feet higher than the current first floor elevation. The purpose of the request is to elevate the home to be two feet above the floodplain. 1.02 Edina City Code Chapter 36 requires that a new structure be allowed a maximum I -foot increase in height of an existing first floor. 1.03 The property is legally described as follows: Lot 4, Colonial Grove Fourth Addition, Hennepin County, Minnesota. 1.04 Minnesota Statutes, Section 462.354, Subdivision 12, and City Code Chapter 36 Division II Administration authorizes the Board of Adjustment and Appeals to grant variances. 1.05 On October I I, 2017, 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, which are incorporated by reference into this resolution 1.06 On October I I, 2017, the Planning Commission approved the variance. Vote: 4 Ayes and 2 Nays. 1.07 On October 13, 2017, Tracy Eichhorn-Hicks appealed the Planning Commission decision to the City Council. 1.08 On November 8, 2017, the City Council held a public hearing on the proposed variance. Section 2. FINDINGS. 2.01 The findings for variance are met. The practical difficulty is caused by the FEMA flood elevation. The proposed home is reasonable located to meet setback and height requirements and be located out of the flood elevation. CITY OF EDINA 4801 West 50th Street . Edina, Minnesota 55424 www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389 RESOLUTION NO. 2017-114 Page 2 2.02 The proposal use is permitted in the R-1, Single Dwelling Unit District and complies with zoning standards, with exception of the new I' floor elevation height. The proposed home design elevates the lowest level of the dwelling to an elevation two feet above the 100-year FEMA flood elevation of 862.2 removing it from the flood zone. 2.03 The variance allows the new home to be elevated out of the flood zone and maintain a comfortable distance from the neighbor to the north. 2.04 The proposed home design project fits the character of the neighborhood in height, scale, and mass. The home is appropriate in size and scale for the lot and the improvements will enhance the property. 2.05 The new home could actually be taller from the existing grade, (40-feet instead of 39-feet proposed) and larger in terms of coverage if not for the sanitary sewer easement that cannot be encroached upon. 2.06 To construct the home and meet the I-foot rule would not protect the home from groundwater intrusion. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, to uphold the Planning Commission decision to approve the variance as requested. Approval is subject to the same conditions as follows: I. The site must be developed and maintained in conformance with the following plans: • Survey date stamped September I I, 2017. • Building plans and elevations date stamped September II, 2017. 2. Compliance with the conditions and comments listed in the Environmental Engineer's memo dated October 4, 2017. RESOLUTION NO. 2017-114 Page 3 Adopted by the City Council of the City of Edina, Minnesota, on November 8, 2017. ATTEST: Debra A. Mangen, 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 November 8, 2017, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2017. Debra A. Mangen, City Clerk Eichnorn-Micks Law Finn Attorneys at Law 1660 South Highway 100 Suite 500 St. Louis Park, MN 55416 Tracy R. Eichhorn-Hicks Telephone: (952) 921-7250 Mary H. Eichhom-Hicks parkdale@exsmn.com Fax: (952) 921-7330 October 13, 2017 Edina City Council c/o Edina City Clerk 4801 W. 50th Street Edina, MN 55424 Re: Variance at 5712 Woodland Lane On Wednesday, October 11, a variance was granted to 5712 Woodland Lane at a regularly scheduled planning commission meeting. By this letter I am notifying you that I wish to appeal the granting of that variance to the City Council and request a full hearing at a time and place to be determined. Very truly yours, Tracy R. Eichhorn-Hicks TRE-H: id We're Not Against the Redevelopment of thfs Site • We oppose it because the house is too tall for the neighborhood. • It alters the character of the neighborhood. • Because the site is constrained by the flood plain and a sewer line, the applicant is asking to build a bigger home then the site can support. • They are asking for the height variance so they can build a 3 level home instead of a 2 level home. 5712 Woodland Lane Variance Request Prepared by Nick T and Katherine Boosalis 5704 Woodland Lane Residents Since 1995 (22 Years) In Order to Grant a Variance n increase in first floor elevation will only be permitted if the new structure or addition fits he character of the neighborhood in height, mass and scale. (3) The variance, if granted, will not alter the essential character of the locality. 1 fierM, The CITY of 1:7,17.)1 EDINA OtetiVSUPS=4E 11111111 Edina City Planning Commission Was Presented These Views of The New Home Edina City Planning Commission Was Presented These Views of The New Home The CITYof EDINA 1111111111111111111111111 PROPOSED ODNDMON (WITHOUT LANDSCAPING/PLANTS) 1111111 Edina City Planning Commission Was Presented These Views of The New Home arryr1)X5 run,' M.' mlanki tx 0111111111M rdagiNz sv From: Nick T. Boosalis [mailto:nt@boosa lis.netj Sent: Friday, November 3, 2017 10:10 AM To: Andy Porter <aporter@refinedllc.com> Subject: RE: Andy, Thanks for sending. Confirmed the Heights and Width of the New Home With Applicant At this scale it is hard to read. Can you tell me what the width of the house is in feet in the front including the decks on the left side of the house and in the back of the house? The widest part of the house is measured at the rear, it is -11-64' Can I stop by your offices today and pick up this plan that your showing here? The city has copies of all the info you are looking for, I suggest you ask them for what you need. I am unavailable this weekend and booked up the first part of next week leading up to the Council hearing. And can you confirm these are the heights of the various floors as we discussed on our phone call? As I mentioned the "exact exact" calculations are yet to be engineered, but the numbers below are what we discussed and what I expect to be the final calculations. If you are unaware, the only variance we are seeking is the elevation of the first floor we are meeting or exceeding all the other city code requirements. Height In Feet Interior Floor etc. Total Basement 8.5 1.5 10 First Floor 9 1.5 10.5 Second Floor 8 0 8 Truss Height 10 10 38.5 --Nick Nick T. Boosalis Direct (612) 259-0702 Fax (612) 259-0703 .0146,- -„ek. tp.-4 ._ . Nt - • ,. .4 -1 \ . -k - - + , 1 • t ' .7411 4;11r4, •••• -4 . ' ;017.,..4,;= - '.., • ,-. . , Kris Aakers Handwritten Notes When Seeking Confirmation of My Meaurements New House First Floor Elevation Less Current Driveway Elevation Distance from Driveway to New First Floor in Ft 872.7 860.6 I 47 • 12.1 •‘4.---74n I . '2 75' 11.38"128.5' And can you confirm these are the heights of the various floors as we discussed on our phone call? As I mentioned the "exact exact" calculations are yet to be engineered, but the numbers below are what we discussed and what I expect to be the final calculations. If you are unaware, the only variance we are seeking is the elevation of the first floor.....we are meeting or exceeding all the other city code requirements. Height In Feet Interior Floor etc. Total Basement 8.5 1.5 10 First Floor 9 1.5 10.5 Second Floor 8 0 8 = 28.5 ft Truss Height 10 10 38.5 40, .f 7'.i..446'. \ , Att WA. 4Ih ., . 11.-"' - . A'74e11°'.' iip ip...,.4.- . ..,, .-• -N.ONNI« • - i.v 4f: s 1:i.1 1. 4' , ''';\ i $"; /147•.';!--- - ..47- ,. . - - '';0" ..-, . „, fr. :,..., . . 4 r,..,,, -,....: '7 -.. ' . -._ . •ri• .::•••• : . ._ ,,,,.- - ..:. ;:,, -4.,..• r. itt ., .,_.- /*pit . -- - - '• , . . 4. ?- Ie..; f' - r- , • - . _.-y_' - . l l --.. • f -_, _ .. . , .. , . -? -...m ' . k. .. . . The Front Elevation of the Proposed Home from the First Floor Up - f Kris Aaker's Handwritten Comments in Red What's the Height if You Were Standing at the Window on the 2nd Floor Elevation Ft Driveway Elevation is 860.6 Distance from Driveway to New First Floor in Ft 872.7 12.1 First Floor Height including Sub Flooring for 2nd Floor ;. (11. C 10.5 6 ft Person Standing on Second Floor 6 Distance from Driveway to Second Floor View 28.6 17W 41,-1. • ..•••• ?1;.• '• Where Does the First Floor of New Home Start in Relation to Tallest Home on Cul-De-Sac? • Started off in the driveway of 5712 Woodland Lane. • Flew it over to the tallest house 5705 Woodland Lane. • Kept the drone at an elevation of 12.1 feet. • Which is the height of where the first floor of the new home starts in relationship to the 5712 driveway. City Planning Commission Had Concerns About Height and How This Home Fit the Neighborhood • In my opinion, they saw illustrations that minimized the visual impact of the height of the structure. Some Illustrations Shown Were Inaccurate In Summary • This site has been for sale for years. • It did not sell because most buyers saw that they could not build a big enough house on the site because of the flood plain and sewer line. Hence they did not purchase the lot. • The variance the applicant is seeking clearly is too tall for the neighborhood, not in keeping with the character of the neighborhood and hence cannot be approved based on the city's guidelines repeated below. An increase in first floor elevation will only be permitted if the new structure or addition fits the character of the neighborhood in height, mass and scale. Thank You for Your Consideration Nick T and Katherine Boosalis 5704 Woodland Lane esidents Since 1995 (22 Years) The CITY of EDINA Appeal: 6. I foot I St floor Height Variance For:A new home located at 5712Woodland Lane 1 inch = 200 feet The CITY of EDINA EdinaMN.gov 2 1 inch = 50 feet The CITY of EDINA EdinaMN.gov 3 I 1 Legend 0 Building Footprint Parcels SO Water -- • Roads °N.,. Contours 2ft FLOOD WAY AREA 17c1 1% ANNUAL CHANCE FLOOD HAZARD I I 0.2% ANNUAL CHANCE FLOOD HAZARD 5712 Woodland Ln Panel 27053C0364F Effective Date: November 4, 2016 FEMA Base Flood Elevation = 860.2 ft (NGVD29) A May 2017 2016 FEMA Map The CITY of EDINA EdinaMN.gov 4 Legend FLD_ZONE, FLOODWAY 500-yr Floodplain 100-Yr Floodplain Floodway The CITY of EDINA EdinaMN.gov 5 The CITY of EDINA I I Legend Building Footprint Parcels 0 Water ® Roads 77A FLOODWAY AREA EdinaMN.gov 6 5712 Woodland Lane FEMA Base Flood Elevation = 860.2 ft NGVD Panel 27053C0364F (revised p nary) 1% ANNUAL CHANCE FLOOD HAZARD 0.2% ANNUAL CHANCE FLOOD HAZARD • Sanitary main N July 2016 A revised prelim FEMA Map 1 WOODLAND LANE ooQ4 PARK 3 EXISTING HOUSE gma The CITY of EDINA 7 EdinaMN.gov „ Ft 2 OF C,R rE 6al HOLDER LOT 4, COLONIAL GROVE FOURTH ADDITION HENNEPIN' COUNTY, MINNESOTA bn .ER far NZ.'" PARK as lwn -14 89°54' 47" W 1 '1' z.,,N L Rk't LEGAL DESCRIPTION OF PRE1/1512 Lot 4, COL01441. ORM FOURTH ADDIVOq • denotes Iran tooO:er 1014 (WOO): denotes roiottng opot *wino, moon ;ea lore: datum .--5117_.<dabfltall eXiSalkj Contour 53e. Moon 000 loyal datum Searrogo ohotn are booed upon on oostsood 6468+, Itqa survey bingo to ahoy, the b000dorlos of Lima obova 4o:offbeat _HARDCOVER CAJALILKOCAS Lot area • 17,890 Sq. ft. Haute m 6880 sl Oriromy 4, 807 of Stoop 4. OS at SIdexak 20G sf Pao k tvoN • SOS 01 Total • SUS So. 14 1.4 It The CITY of EDINA EdinaMN.gov 8 The CITY of EDINA EdinaMN.gov 9 0.1 a NI. /s. fi/e,,,w674040-t/ ,t5P‘-f7e-iexti ham" *amp H.9141 4,41.Wfar.1.11.. — .111.0"-vm, PrAttS5-'-"'n =Zanat. sualsato. inftlemscraclasswes....L PARK 1 10,76,1 TI u PI I . 111•11 I e !`fli The CITY of EDINA Ed i naM N.gov I0 - REFINED FRONT PERSPC71VE IDGERIOR RENDERINGS A4 The CITY of EDINA 12 EdinaMN.gov 13 EdinaMN.gov •••5„,.y._ • - 1 NEIGHECOd HOUSE IMOCCIOUNO EXTERIOR RENDERINGS A; kauassasia=::: s'sVs - ; r ,ammit - - EAST ELEVATION W U Z 5 Z Z Boz LLI o The CITY of EDINA AV" JALIN DESIGti REF= wZ U Z O 141 Z Z B0 Z '‹ w0 5 S w 0 Ell irpi RACED STOOP EAST ELEVATION Z I o IQ LLE Li] —a NORTH ELEVATION EXTERIOR RENDERINGS AA The CITY of EDINA 14 EdinaMN.gov CURRENT/EXISTING CONDITIONS ("New" lowest floor required to be 862.2) PROPOSED CONDITION, OVERLAYING EXISTING CONDITIONS EdinaMN.gov The CITY of EDINA I5 The CITY of EDINA PROPOSED CONDITION (WITHOUT LANDSCAPING/PLANTS) EdinaMN.gov 6 BALCONY GUST BEDRM 0 0 w to _-4 GARAGE MEDVI, RM MAN LEVEL ‘s-F ELEV. 872.7 c GARAGE \JF ELEV. 8622 The CITY of EDINA MAIN LEVEL ELEV. 8727 EXISTING HOUSE M.F. jcik ELEV. 865.6 AF LOWER LEVEL ELEV. 862.4 R6o 2 FLOOD PIA N EXISTING HOUSE LF. ickh ELEV. 858.3 8S6.2 AVERAGE CREEK WATER LEVEL BUILDING SECTION EdinaMN.gov 17 The CITY of EDINA Basement means a floor level of a building which is located partly or completely underground EdinaMN.gov 18 Ms. Brown introduced members of the Energy and Environment Commission and outlined their initiatives, esidential waste reduction through organics recycling. Commissioners Melissa Seeley and Michelle Horan shared their 201 focused on organics, which accounted for 25% of materials curbside recycling in 2019. plan and reduction goal that aste stream and their goal to offer Minutes/Edina City Council/November 8, 2017 The Council commented on compostable re ents and encouraged the Commission to bring forward recommendations with pros and cons s• could act in an informed manner. They noted Minneapolis's ordinance was strong in outcom- us product and organics and to-go packaging could be concurrent. Commissioner Horan agre- • oted staffing could be an issue for implementation. The Council agr impacts o 75% ere would be challenges but stressed the need to coordinate haulers to reduce the Ms. Brown noted Hennepin County's m. • • ntial waste by VII. PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file. VII.A. VARIANCE APPEAL, 5712 WOODLAND LANE, FIRST FLOOR ELEVATION VARIANCE, RESOLUTION NO. 2017-114 — TABLED FOR 45 DAYS Assistant City Planner Presentation Assistant City Planner Aaker said the applicant was requesting a 6.1-foot first floor height variance to allow the construction of a new home with a first floor more than one foot above for 7.1 feet in total for 5712 Woodland Lane. The property was located in the Minnehaha Woods neighborhood and a large part was located in the floodplain. She noted the standards required the basement elevation of a new home to be 2 feet higher than the FEMA base flood elevation and that the Planning Commission approved the variance on a vote of 4-2. The Council asked questions regarding the sanitary sewer easement and how difficult it would be to relocate. The Council commented on: the buildable area, crossing of the sewer line and driveway location, and confirmed conflicting code requirements regarding floodplain and basements, plus reasons for requiring basements and two-car garages. The Council inquired about run off responsibilities. Ms. Aaker confirmed there would be no redirecting of run-off to other properties and additional fill would not be required. Andy Porter, Refined Custom Homes, and Jeff Lindgren, Executive Lead, noted the Planning Commission's support and importance that the proposed home be removed from the floodplain. Mr. Porter outlined the 1 I -month long process and new home requirements and said the home would pose no water concerns to the other properties. He shared a video presentation of a simulated rain event and the flooding effect and stated the entire home was outside the 862 foot-level. Mr. Porter also shared two recent approvals of similar variance requests in the City and how neighboring properties would have the same issue. The Council confirmed the garage location and inquired about the amount of fill and other designs to minimize impact. Mr. Porter said the proposed home was a walk-out with no water impact to neighboring properties. He said they reviewed other design options but they did not fit the neighborhood and confirmed the amount of fill displacement had been offset. Mr. Porter said this was a difficult site with regard to water calculations and confirmed no impact to the neighborhood with the exception of a multi-level to a two-story pitched home. Mayor Hovland opened the public hearing at 8:12 p.m. Public Testimony Nick Boosalis, 5704 Woodland Lane, addressed the Council. Page 3 SITE P Minutes/Edina City Council/November 8, 2017 Tracy Eichorn-Hichs, 5708 Woodland Lane, addressed the Council. Richard Andron, 4075 West 51st Street, addressed the Council. Rick Wyatt, 5631 Woodcrest Drive, addressed the Council. Katherine Boosalis, 5704 Woodland Lane, addressed the Council. Heather Beil, 4236 Crocker Avenue, addressed the Council. Lori Grotz, 5513 Park Place, addressed the Council. Ken Potts, 4236 Proctor Avenue, addressed the Council. Member Fischer made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland. Motion carried. The Council inquired about distance between the existing home to the north and other currently non- conforming structures and how much foundation would show on the north side. Mr. Porter said the retaining wall receded approximately half-way or five feet. The Council discussed the size of homes and regulations that could address large-scale homes such as this and how to recognize floodplain and give latitude to address home height. The Council found there was clearly a hardship but said they had not seen design attempts to alleviate the problem and commented on retaining walls and how the home embraced the creek. The Council noted the distance was relatively close to the neighboring property and the front facade raised was accentuated. The Council supported postponement of the item for 45 days to allow for design alternatives. Member Staunton made a motion, seconded by Member Stewart, tabling Resolution 2017-114 for 45 days to further study the issue for a variance to exceed the one-foot first floor elevation of the previous home at 5712 Woodland Lane. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. HDALE — REVIEWED, RESOLUTION NO. 2017-115 — A Community Development Director Presentation Community Development Director Teague said Simon Properties, managing me LLC was requesting a site plan review to build a standalone Shake Shack r of France Avenue and 66th Street at Southdale. He said the site w the mall and Macy's and the proposed restaurant project area and a I ,286-square foot outdoor patio area. Th the east side of the proposed building and building. He reviewed changes mad which included moving the that wrapped the rin Avenue to provi• - discussions . ' would e. thdale Center, n the southeast corner y a paved overflow parking for ,830-square foot interior restaurant rance to the restaurant would be located on cated on the east and south side of the proposed p icant based on issues raised during the sketch plan review, f back for more green space from France and 960 feet of sidewalk om the France Avenue acce pedestrian r. ack. Mr. Teague said staff had severa concept and vision of this corner and noted LifeTime Fitness uction from the current J.C. Penney which had been factored into the parking study. Page 4 NovusAGENDA Page 1 of 4 CLOSE Agenda City Council Meeting City of Edina, Minnesota Edina City Hall Council Chambers Tuesday, December 19, 2017 7:00 PM I. Call To Order II. Roll Call III. Approval Of Meeting Agenda IV. Community Comment During "Community Comment," the City Council will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Council or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Mayor may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Mayor or Council to respond to their comments tonight. Instead the Council might refer the matter to staff for consideration at a future meeting. V. Adoption Of Consent Agenda All agenda items listed on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of such items unless requested to be removed from the Consent Agenda by a Member of the City Council. In such cases the item will be removed from the Consent Agenda and considered immediately following the adoption of the Consent Agenda. (Favorable rollcall vote of majority of Council Members present to approve.) A. Approve Minutes of December 5, 2017 Work Session and December 5, 2017 Regular City Council Meeting B. haps://edina.novusagenda.com/AgendaPublic/MeetingView.aspx?MeetingID=4788cMinut... 7/26/2019 NovusAGENDA Page 3 of 4 A. November Speak Up, Edina!: Grandview Green VII. Public Hearings During "Public Hearings," the Mayor will ask for public testimony after City staff members make their presentations. If you wish to testify on the topic, you are welcome to do so as long as your testimony is relevant to the discussion. To ensure fairness to all speakers and to allow the efficient conduct of a public hearing, speakers must observe the following guidelines: Individuals must limit their testimony to three minutes. The Mayor may modify times, as deemed necessary. Try not to repeat remarks or points of view made by prior speakers and limit testimony to the matter under consideration. In order to maintain a respectful environment for all those in attendance, the use of signs, clapping, cheering or booing or any other form of verbal or nonverbal communication is not allowed. A. PUBLIC HEARING: Issuance and Reissuance of Bonds Pursuant to Section 147(F) of the Internal Revenue Code, Resolution No. 2017-144 VIII. Reports/Recommendations: (Favorable vote of majority of Council Members present to approve except where noted) A. Resolution No 2017-147: 5712 Woodland Lane - First Floor Elevation Variance B. Sketch Plan Review: Pentagon Park North C. Resolution No. 2017-120: Approving Grants and Donations IX. Correspondence And Petitions A. Correspondence B. Minutes 1. Minutes: Community Health Commission, October 9 2017 2. htips://edina.novusagenda.com/AgendaPublic/MeetingView.aspx?MeetingID=478&Minut... 7/26/2019 N IHD 5712 Woodland Lane Variance request December 11, 2017 Re: December 19 City Council meeting Edina City Council, On behalf of our Client we submitted a variance request to the Planning Commission back in September of this year and received approval from the commissioners. The approval was then appealed by a neighbor and was heard in front of the City Council in November. The Council decided not to rule on the request and, instead, "tabled" the issue until the December 19 City Council meeting. During the November meeting we did not receive significant specific feedback on what modifications the Council preferred. The one comment we heard clearly was to "try harder". Since that November meeting we have met with Cary Teague in an attempt to get more clarity about what "try harder" could mean. Although we did not get a lot of specific information, Mr. Teague speculated that the Council might prefer a slab on grade (no basement) home. This would require a revised variance request to submit for a no basement variance in lieu of the variance we have requested (and received approval) from the Planning Commission. After our meeting with Mr. Teague we gathered with our Client and the architect to discuss the slab on grade idea. Although this proposed scheme was never preferred by our Client, we quickly realized the practical barriers to accomplishing this....Financing. Based on the reality of home financing today it would be virtually impossible to get the financing required to build or buy a home of this value with such a relatively small living space. Due to the tight footprint site conditions this suggested design would only allow us to achieve a home with a finished square footage of about 3400 square feet. Much like an appraiser/lender or future buyer would, we pulled data for new construction homes between $1.6 and $2.0 million in Edina over the past 5 years. There were no homes that fell in this finished square footage range. Although a typical appraiser or buyer would only look back a year, we searched back over the past 5 years, and the average new home built in Edina between $1.6 and $2.0 million had 5093 finished square feet. In this "past 5 year" search all the comparable homes which would be considered to justify the loan (or what a realtor or buyer would consider) are about 50% larger for the same price. Under this "no basement" scheme our home would be about 1700 square feet too small (which is about the size of an additional floor). These are the statistics appraisers and lenders (and eventually realtors and buyers) use to justify values. For these obvious reasons we decided the slab on grade/no basement option was neither practical nor feasible. So we went back to the "try harder" theme, which we now interpret to mean "work with the design originally presented and approved, but get the overall height down". What we accomplished was a +/-4.5 foot overall height reduction of the home (see images attached). The ridge line has been reduced from 901 to 896.6. 4.5 feet is considerable, it takes the overall height of the home (measured from the front stoop) from 28.3' to 23.9', which is a +/-16% reduction in height from the Planning Commission approved plan. We accomplished this by shallowing the pitch of the roof and pushing the roof eave/gutter line through some of the bedrooms on the 2 nd floor. Although our Client is not excited to have reduced the living space of the 2' floor, they agreed to this in the spirit of compromise. On behalf of my Client we trust you will find our extra efforts acceptable on this very unique and difficult homesite. As you consider further please remember the benefits of this approval; 1. The neighborhood gets a fantastic new family of 5 in lieu of a vacant, deteriorating home, and 2. The City accomplishes the goal of removing a dangerous hazard from the floodway. Approving this proposal would be an enormous win for all. Thank you for your consideration, Andy Porter REFINED, LLC /7 \ • - t -p "7".7. rgizze LLE \ • rt Hovland. Motion carried. Minutes/Edina City Council/December 19. 2017 Member Stewart introduced and moved adoption of Resolution No. 2 1 orizing the reissuance of $2,100,000 General Obligation Bonds, Series 202C ssuance of $1,640,000 General Obligation Recreational Revenue Refunding Bo es 2017D. Member Staunton seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Hov Motion carried. VIII. REPORT -11i 44 t 9 A • • •• present to approve p w ere no e VIII.A. RESOLUTION NO. 2017-147: 5712 WOODLAND LANE — FIRST FLOOR ELEVATION VARIANCE — ADOPTED Community Development Director Presentation Community Development Director Teague said this item was tabled at the November 8, 2017, City Council meeting to allow the applicant the opportunity to revise plans and design of the home to minimize neighborhood impacts. He explained the revisions of lowering the height of the home by 4.5 feet and while removal of the basement was considered, it was determined not feasible by the applicant. Mr. Teague said the Planning Commission approved the variance for a 6. I -foot first floor elevation variance request for a new home on a vote of 4-2. Applicant Presentation Andrew Porter, Refined Custom Homes, presented the revised plan to address the height and mass of the floor plan. He commented on the FEMA established flood plain and how they were forced to raise the current level from the current grade on only a portion of the lot due to the floodway. He referred to the suggestion to remove the basement requirement and the tight footprint but how the home would not qualify for financing or meet appraisal. He said the suggestion for a detached garage option would place the garage well into the floodway and a tuck-under garage would create a wall facing the cul-de-sac instead of a soft transition of landscaping. Mr. Porter presented a solution of a 4.5-foot reduction from 28.3 feet to 23.9 feet through reduction of peak pitch and outlined the benefits of approving the variance which included an occupied versus vacant home and removal of a dangerous hazard from the floodway. The Council asked questions regarding finished first floor elevations, flood plain levels, property value targets, and whether the inherent problems with the lot were factored into the value. Mr. Porter explained the value was based on lot value plus square footage which resulted in the $1.6-$2 million range. The Council inquired about lowering ceiling heights and the lowest proposed floor levels. Mr. Porter responded the lowest level was 858.3 feet or approximately four feet from where they have to be, adding since the home was a split-level the front door would be higher. The Council expressed concerns about changing the grade to come into compliance with FEMA and resulting in a retaining wall with similar drainage problems to the Morningside neighborhood and suggested the improvements occur without a variance. Mr. Porter said that option would not address the water concern and the height and look of the home would not be different. The Council said the home would not fit the character of the neighborhood as the front door would be six feet higher and suggested lowering the home to fit the neighborhood or finding other designs to work on the other side of the sewer line. Mr. Porter said setting the lowest floor at 862.2 feet made it difficult to fit the home into the neighborhood's character and building a porch or breezeway on the other side of the sewer line would place the home in the floodway. Page 3 Minutes/Edina City Council/December I9, 2017 The Council confirmed that fill would not be brought to the floodway but to the front yard and expressed concerns about the front door level and retaining walls. They commented on the threshold of the first floor and creating an artificial perch for the home as well as retaining walls and how the plan did not match neighborhood and the site dictates what could be built. Mr. Teague noted the Council must take action unless the applicant wished to extend the 60-day rule. Member Fischer moved to adopt Resolution No. 2017-147 denying a variance at 5712 Woodland Lane to exceed the I -foot first floor elevation of the previous home at 5712 Woodland Lane based on Section 2 Findings, Article 2.03, as amended that the applicant has not demonstrated that a new home can be built without a variance of the first-floor height as requested. Member Brindle seconded the motion. The Council considered a friendly amendment to include additional findings that a new home cannot be built as requested because the sewer line and flood plain make the buildable area of the lot significantly smaller than it appears. The Council clarified the home does not have to be a rambler and the applicant could construct another style of home. At the recommendation of City Attorney Knutson, the Council amended the motion to include Article 2.02 that the first-floor elevation and front door of the new home was too high compared to adjacent homes. Ayes: Brindle, Fischer, Staunton, Stewart, Hovland Motion carried. VI ' . , • ► ' 1 : . k • ' TH PARCEL — REVIEWED Community leve opmen Mr. Director Teague said the Council was asked to consider a sketch plan proposal to •p 10.86 of the 27 acres in the Pentagon North Parcel located on 77th Street, south of Fred Richa r He said the first phase of Pentagon North would include two five-story residential buildings underground parking, a 325-unit market rate all-age apartment building and a 225-unit continuu re senior building. Applicant Presentation Joe McElwain, Chase Real Estate, outlined the two-building c• entary use project that would kick-start the West 77th Street development and park plans for Fr- • ards Park. He stated the affordable housing development would be before the Council next year shared architectural aspects with brick, glass and design interest. He outlined the 750,000 square f shared elements of a residential market rate building and future phases that could include more ho The Council shared the proposed u 'ere acceptable but more mixed uses could be difficult. They commented about intentional entr to the Fred Richards Park and inquired why Chase would focus on the first 10 acres with senior arket rate apartments over the next two-three years. The Council suggested collaboration on ntry to the Park, water tables, decreased surface parking, shared parking and increased sustainabi orts such as a green roof, LEED standards, and solar where appropriate. The Council also shared ments regarding stormwater areas and a water feature. Mr. McElwain outlined parking of 40 sha tails with much more in future phases. The Coun ressed attracting tenants who rely on alternative modes of transportation and suggested outdoor eting space between buildings such as gazebos or pocket parks and setting back the top story for w. reas and undulations of elevation. The Council commented on crea with angled or p. lel parking and creatin t s resse' t e i of ement or people outside the property and commented on connectivity long-term for park benefit and a parkway feel. Mr. McElwain responded that a I 0-foot boulevard and new 8-foot pedestrian lane would be included as well as a meandering path. Page 4 RESOLUTION NO. 2017-147 RESOLUTION DENYING A VARIANCE AT 5712 WOODLAND LANE TO EXCEED THE 1-FOOT FIRST FLOOR ELEVATION OF THE PREVIOUS HOME AT 5712 WOODLAND LANE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section I. BACKGROUND. 1.01 Refined, LLC requested a variance to/ increase the first floor elevation of the new home 6.1- feet higher than the current first floor elevation. 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 a new structure be allowed a maximum I -foot increase in height of an existing first floor. 1.04 The applicant is proposing to increase the first floor building height 6.1-feet higher than the current first floor elevation. This requires a variance from Edina is zoning ordinance Chapter 36. 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 grant variances. 1.06 On October I I, 2017, 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 variance was granted on a vote of 4 ayes and 2 nays. 1.07 On October 16, 2017, Mr. Tracy R. Eichhorn-Hicks, 5798 Woodland Lane, Edina, MN, appealed the Planning Commission's approval of the variance request to the City Council. 1.08 On November 7, 2017, the Edina City Council held a public hearing on this appeal of a variance application. The appellant was provided the opportunity to present information. The City Council considered all hearing testimony and the staff report. The City Council voted unanimously to table the application until December 19, 2017, to give the applicant opportunity to redesign the proposal. 1.09 On December 19, 2017, the Edina City Council considered the redesign submitted by the applicant and denied the variance based on the following findings of fact. CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389 KESULU I IUN NU. ZU I 1-14/ Page 2 Section 2. FINDINGS 2.0I The variance will alter the essential character of the neighborhood. The proposed building height is too high given the proximity to the adjacent single-family homes and is out of scale with the neighborhood. The existing home on the property is a rambler or split entry as are most of the homes in the area. The applicant could construct a rambler or split entry home which would be in keeping with the essential character of the neighborhood. 2.02. The first floor elevation of the new home is too high compared to adjacent homes. 2.03. The applicant has not demonstrated that a new home cannot be built on the property without the benefit of the first floor height variance as requested. A new home could be built without a basement which would remove the home from flood zone. Constructing a new home without a basement would require a variance but the variance would not alter the essential character of the neighborhood. 2.04. There is a single dwelling unit on the property currently, which is a reasonable use of the property. 2.05. The Flood Plain Ordinance allows for improvements to properties within the flood plain. The existing home has potential for improvement within the flood zone as provided by the ordinance. Section 3. DENIAL NOW THEREFORE, it is hereby resolved that the City Council of the City of Edina, denies the Variance as requested by the applicant for first floor height, ATTEST: Deb Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN )SS CITY OF EDINA KLSOLU I ION NU. LW /-I4/ Page 3 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 December 19, 2017, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2017. Deb Mangen, City Clerk Date: August 28, 2019 Agenda Item #: VI I.A. To:P lanning C ommission Item Type: R eport and R ecommendation F rom:C ary Teague, C ommunity Development Director Item Activity: Subject:S ketch P lan R eview - Vernon Avenue/Lane & O linger R oad (5835 Vernon Lane) Disc ussion C ITY O F E D IN A 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: No action requested. P rovide the applicant with non-binding comments on a future potential development application. I N TR O D U C TI O N: AT TAC HME N T S: Description Staff Memo Applicant Narrative Site Location Proposed Site Plan Building Rendering/Mas s ing Required Setbacks Proposed Rezoning Approved Olde Vernon 3rd Plans Plat - Olde Vernon Plat - Olde Vernon 2nd Addition Plat - Olde Vernon 3rd Addition Comprehens ive Plan Minutes - Olde Vernon (1996+) Minutes - Olde Vernon 3rd Addition (2001) Agreement between the City and property owner and the Declaration. Letter from the Olde Vernon Homeowners Association Board of Directors City of Edina • 4801 W. 50th St. • Edina, MN 55424 City Hall • Phone 952-927-8861 Fax 952-826-0389 • www.CityofEdina.com Date: August 28, 2019 To: Planning Commission From: Cary Teague, Community Development Director Re: Sketch Plan Review – Corner of Olinger Road, Vernon Avenue and Vernon Lane (5835 Vernon Lane and the east 1/3 of 5705 Olinger Road) The Planning Commission is asked to consider a sketch plan request to develop the vacant land at the corner of Vernon Avenue/Vernon Lane and Olinger Drive. The proposal includes a portion of the east side of the single-family home at 5705 Olinger Road. (See site location on the attached maps.) This vacant land was platted in 2001 for five (5) townhomes, but were never built. (See the attached existing plat and approved plans for the property.) The applicant is proposing to build five villa homes consistent with the existing Olde Vernon townhomes to the east, and a ten unit three-story condo building at the corner of Olinger Road and Vernon Avenue. (See attached applicant narrative and plans.) The villa homes would gain access off of Vernon Lane, and the Condo building off Olinger Road. The properties are currently zoned PRD-1, Planned Residential District-1 and R-1, Single Dwelling Unit District. (See attached Zoning Map.) The overall proposed density is 5 units per acre, (including the existing Olde Vernon townhomes) and meets the density requirements in the Comprehensive Plan for this site which is 4-8 units per acre. The request would require the following: A Comprehensive Plan Amendment to re-guide a portion of the R-1 lot from low density residential lot (5705 Olinger Road) to low density attached residential; A Rezoning from PRD-1 to PRD-3 for the condo building and from R-1, to PRD-1 for a portion of the residential lot, 5705 Olinger Road, with setback and building coverage variances. (See the attached map that highlights the proposed areas to be rezoned.) Re-Plat of Olde Vernon 3rd Addition; and A revised site plan for Olde Vernon 3rd Addition. (Increase from 5 units to 15 units) City of Edina • 4801 W. 50th St. • Edina, MN 55424 The following table demonstrates how the proposed new building would comply with the PRD- 2 & PRD-3 Planned Residential Development standards. Please note that several variances would be required. Compliance Table City Standard (PRD-1 Villas) Proposed City Standard (PRD-3 condo) Proposed Front – Vernon Ave. Front – Olinger Road Rear – West Rear – South 30 feet -- 25 feet 25 feet 30 feet -- 20 feet* 23 feet* 35 feet 35 feet -- 35 feet 10 feet* 20 feet* -- 40 feet Building Height 2.5 stories or 30 feet 2 stories 3 stories or 40 feet 3 stories Building Coverage .25 .20 .30 .37* Density – Comp. Plan 4-8 units per acre 5 units per acre 4-8 units per acre 5 units per acre Density – PRD Zoning 59 units allowed based on the 8.2 acre site 28 units existing and proposed 7 units allowed based on the 22,000 s.f. site 10 units proposed* Parking Stalls 2 enclosed/unit 2 enclosed/unit 12 enclosed 8 surface 16 enclosed 4 surface* *Variance required Highlights/Issues: The proposal would be an increase of ten additional units within this 8.75 acre development; there would be eight additional units on the site where the condominium building is proposed, and two on the property currently zoned R-1. Per an existing agreement between the City and the property owner, the City may not issue a building permit that does not comply with the approved plans. (See attached agreement.) Any changes to the approved Olde Vernon 3rd Addition Plat must be approved by the Olde Vernon Homeowners Association by a vote of at least 67% of its members. (See attached declaration.) The Olde Vernon City of Edina • 4801 W. 50th St. • Edina, MN 55424 Homeowners Association is meeting to discuss the proposed plans on Tuesday August 27. The Homeowners Association must be agreeable to any proposed change in the approved plans prior to formal application. The proposed density is consistent with the Comprehensive Plan, which allows up to 8 units per acre. The proposed density is 5 units per acre over then entire project including the existing Olde Vernon Townhomes. The Zoning requirement for the PRD-3 Zoning District would allow 7 units on this 23,000 square foot lot. The building coverage requirement for the condominium site would not be met for the individual site, but would be met when looking at the project over the entire 8.75 acres. The setback variances required for the Villa homes are minimal encroachments into the required setbacks. The setback variances required for the Condos are larger than the Villa homes. The combination of the setback requirements and density allowed on this small lot in the PRD-3 Zoning District indicate the proposal may be too much for the PRD-3 site. Affordable housing should be considered within the development, despite the proposal not triggering the affordable housing policy, because the number of units proposed is less than 20. Mr. Cary Teague Community Development Director City of Edina 4801 W. 50th Street Edina, MN 55424 Re: Vernon Lane villa homes and condo building PROJECT NARRATIVE BACKGROUND: Vernon Lane housing development was originally built by Charles Cudd in 1999-2000 and currently consists of 23 single family homes. McGlynn Partners and City Homes are proposing to complete the neighborhood by building 5 new villa homes and construct a 10 unit condo building at the corner of Vernon Avenue and Olinger Road. The properties are located at 5835 Vernon Lane and 5705 Olinger Road. The five villa homes would be built along Vernon Lane and conform to the current homeowner’s association building restrictions and covenants. The 10 unit condo building would be built at the Southeast corner of the intersection of Vernon Avenue and Olinger Road. The developer is committed to making the completion of the Vernon Lane community a thoughtful and well- designed housing development that blends well with the existing homes and creates more housing stock for the City of Edina. THE BUILDING, SITE AND LANDSCAPING: The current proposal for the 5 villa homes would conform with the existing zoning and not require an amendment. The developer does ask that the lot lines are re-drawn to accommodate the new site plan and that a variance and zoning change is given to allow the developer to construct the 3 story 10 unit condo building. Design features of the proposed villa homes will resemble those of the existing homes within the Vernon Lane homeowner’s association. The 10 unit condo building will be thoughtfully designed to fit within the neighborhood while adding some modern design elements. Careful consideration to landscaping and berming will be used to facilitate the intimate feel of the existing hosing within the Vernon Lane association. tanekP:612-879-8225 F:612-879-8152www.tanek.com118 E. 26th Street Suite 300 Minneapolis, MN 55404architecture specialty millwork virtual vision project managementIssued 08.21.19View from Olinger RD and Vernon Ave SOlinger City Homes tanekP:612-879-8225 F:612-879-8152www.tanek.com118 E. 26th Street Suite 300 Minneapolis, MN 55404architecture specialty millwork virtual vision project managementIssued 08.21.19View from Vernon Lane and Vernon Ave SOlinger City Homes tanekP:612-879-8225 F:612-879-8152www.tanek.com118 E. 26th Street Suite 300 Minneapolis, MN 55404architecture specialty millwork virtual vision project managementIssued 08.21.19View from Vernon Lane Guest ParkingOlinger City Homes tanekP:612-879-8225 F:612-879-8152www.tanek.com118 E. 26th Street Suite 300 Minneapolis, MN 55404architecture specialty millwork virtual vision project managementIssued 08.21.19Aerial ViewOlinger City Homes H.1. 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IN IN j I A4E7RO LAND SURVEYING SHEET 2 OF 2 SHEETS r --; KNOW ALL PERSONS BY THESE PRESENTS: That Leo M. Evans and Margaret L. Evans, husband and wife, fee owners and Suzanne Marie Hinds also known as Suzanne M. Hinds, a unmarried woman, fee owner and Karen Evans Taylor also known as Karen L. Taylor and Calvin Taylor, wife and husband, fee owners of the following described property situated in the County of Hennepin, State of Minnesota, to wit: That part of the Southeast Quarter of the Northwest Quarter Section 32, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Beginning at a point on the Northerly line of Edina Highlands Lakeside Addition distant 406.15 feet East along said Northerly line from the West line of said Southeast Quarter of the Northwest Quarter, said Northerly line is marked by Judicial Landmarks set pursuant to Torrens Case No. 14146; 'thence North parallel with the West line of said Southeast Quarter of the Northwest Quarter, 107.25 feet; thence West, parallel with said Northerly line, 406.15 feet to said West line; thence North along said West line 144.86 feet, more or less to the center line of County Road No. 158; thence Northeasterly along said center line to the East line of said Southeast 1Qqualrter of the Northwest Quarter; thekn ce, South along said _East line tothemost Wesker y alor gpthel arlf®o Iia c ald dlti on (Nwtiltohtlll oe wa lt ete mlrfFed ! nit Torrens Case No. 14146, to the point of beginning, according to the Government Survey thereof. Have caused the some to be surveyed and platted as OLDE VERNON and do hereby donate and dedicate to the public for public use forever the avenue, road and the drainage and utility easements as shown on the plot. In witness whereof said Leo M. Evans and Margaret L. Evans, husband and wife, have hereunto set their hands this __--__--__day of______________________, 199—___—__ Leo M. Evans by Gordon L. Jensen, Attorney—in—Fact pursuant to a Power of Attorney Dated July 10, 1997. Margaret L. Evans by Gordon L. Jensen, Attorney—in—Fact pursuant to a Power of Attorney Dated July 10, 1997. STATE OF ________________ COUNTY OF________________ The foregoing instrument was acknowledged before me this __—___—__day of________________, 199_--__—, by Gordon L. Jensen, Attorney—in—Fact pursuant to Powers of Attorney Dated July 10, 1997 for Leo M. Evans and Margaret L. Evans, husband and wife. Notary Public ,—__--______County, My Commission Expires ___—___—__ In witness whereof said Suzanne Marie Hinds also known as Suzanne M. Hinds, a unmarried woman, has hereunto set her hand this ----------day of--------------------- 199 -------- Suzanne Marie Hinds also known as Suzanne M. Hinds by Philip S. Dommer, Attorney—in—Fact pursuant to a Power of Attorney Dated July 3, 1997. STATE OF —__—___ COUNTY OF _ The foregoing in atrument was acknowledged before me this —___—____day of_______ 199__--__, by Philip S. Dommer, Attorney—in—Fact pursuant to a Power of Ate . riey Dated July 3, 1997 for Suzanne Marie Hinds also known as Suzanne M. Hinds, a unri< rried woman. Notary Piiic,_--__--__— County , __--__. My Commission Expires _________________. In witness whereof said Karen Evans Taylor also known as Karen L. Taylor and Calvin Taylor, wife and husband, have hereunto set their hands this ___—____—_day of----------------------,199-------- Karen Evans Taylor also known as Karen L. Taylor by Philip S. Dommer, Attorney—in—Fact pursuant to a Power of Attorney Dated July 3, 1997. Calvin Taylor by Philip S. Dommer, Attorney—in—Fact pursuant to a Power of Attorney Dated July 3, 1997. STATE OF ________________ COUNTY OF________________ The foregoing instrument was acknowledged before me this --__—___—day of________________, 199—__--_, by Philip S. Dommer, Attorney—in—Fact pursuant to Powers of Attorney Dated July 3, 1997 for Karen Evans Taylor also known as Karen L. Taylor and Calvin Taylor, husband and wife. Notary Public ,_--__—___— County ,—___—__. My Commission Expires __________________. I hereby certify tht I have surveyed and platted the land described on this plot as OLDE IMnthrftld IZlgt Irptrt%k Fr't r lc I fo dc dit i 61Iha H l ilorHii3` irbt dh been correctly placed in the ground as shown or will be placed as required by the local governmental unit;, that the boundary lines are correctly designated on said plat. Ronald P. Alwin, L nd Surveyor Minnesota License o. 17765 STATE OF MINNESOTA COUNTY OF DAKOT The foregoing Sury yor's Certificate was acknowledged before me this --____---_day of—___--_____ 1 199__--____, by Ronald P. Alwin, Land Surveyor. Notary Public, My Commission EDINA, MINNESOTA This plat of OLDE Edina, idinnesoto, ions loive Its a Subdivis ,1n, 2. a] a County, Minnesota es January 31, 2000. IERNON was approved and accepted by the City Council of the city of t a regular meeting thereof held this _--______--day of 199___--__. If applicable the written comments and f the Commissioner of Transportation and the County Highway Engineer by the City or the prescribed 30 day period has elapsed without receipt of J recommendations, as provided by Minnesota Statutes, Section 505.03, E CITY OF EDINA, MINNESOTA Mayor Manager TAXPAYER SERVICES DIVISION, Hennepin County, Minnesota I hereby certify that taxes payable in 199--__ and prior years have been paid for land described on this lot. Dated this _—___---___day of ---------------------- 199___—__. I Patrick H. O'Connor, Hennepin County Auditor; By -----------L Deputy SURVEY SECTION, Hennepin County, Minnesota Pursuant to Minne ota Statutes 383B.565 (1969), this plat has been approve. rhis day ofL------------------ 199 ------ Gary F. Caswell, County Surveyor; REGISTRAR OF TITLES, Hennepin County, Minnesota I hereby certify th t the plat of OLDE VERNON was filed in this office this ____---__r of----------- ------- 199------- , at----------o'clock-----.M. R. Dan Carlson, Rgistrar of Titles; By ______________________________, Deputy. ui 11; • : It. R.T. DOC. NO. SHEET 1 OF 2 SHEETS WRIPJAUT a ` DETAIL 240 Bearings shown are assumed. MN NO SCALE Imo. NORTH Judicial Landmark setpursuant to Torrens Case No. 14146. 5E ? 576g7g42" 52 00 Denotes found iron monument marked by RLS 17765 f Denotes iron monument set marked by RLS 25718 i found Y Moo N N 4 L tea i I `+- 48.83 N8535'07' CPO D - 3 0° R' 32. 2G• g-736 17\ 33 a n C> i \ \ to frond VN 24.72 S25024'25"E ; , CK W of "' I A LINE PARALLEL N1TH THE NORTH LINE - 4o INE- 4o OF EDINA HIGHLANDS LAKESIDE ADDITION W LiJ Y NORTH LINE OF EDINA HIGHLANDS LAKESIDE ADDITION lu I 56T GRAPHIC SCALE so 120 SCALE IN FEET fow d yayy. 1 1 I It\ KNOW ALL PERSONS BY THESE PRESENTS: That Leo M. Evans and Margaret L. Evans, husband and wife, fee owners and Suzanne M. ds, an unmarried woman, fee owner and Karen L. Taylor also known as Karen Evans Taylor and Calvin Taylor, wife and husband, fee owners o the following described property situated in the County of Hennepin, State of Minnesota, to wit: Outlot A, OLDE VERNON, Hennepin County, Minnesota. i ve caused the same to be surveyed and platted as OLDE VERNON 2ND ADDITION and do hereby donate and dedicate to the public for public e forever the drainage and utility easements as shown on the plat. hn witness whereof said Leo M. Evans and Margaret L. Evans, husband and wife, Suzanne M. Hinds, an unmarried woman and Karen L. aylor also known as 'wren Evans T ylor and Calvin Taylor, wife and husband have hereunto set their hands this day 0 199 SIGNED b L o M. Evans and MargaV L. Evans husband and wife by Gordon L. Jensen, Attorney -in -Fact pursuant to Powers of Attorney Dated MayaA 1 1 98 and Suzanne M. Hinds, an unmarried woman, Karen L. Taylor also known as Karen Evans Taylor and Calvin Taylor wife and husband by rdon L. Jensen, Attorney -in -Fact pursuant to Powers of Attorney Dated May 21, 1998. STATE OF C UNTY OF TI te foregoing instrument was acknowledged before me this day of 199 , by Gordon L. Jensen, Attorney -in - Fact pursuant to Powers of Attorney Dated May2#, 1998 for Leo M. Evans and Margaret L. Evans, husband and wife and Attorney -in -Fact E' opi rsuant to Powers of Attorney Dated May 21, 1998 for Suzanne M. Hinds, a unmarried woman, and Karen L. Taylor also known as Karen Evans CIO T ylor and Calvin Taylor, wife and husband. frond COv, 2V 3a 1, ca 1R k 11 , \ , X N tary Public, County, Iv y Commission Expires CJS v 00 '1 E ° v A'` I ereby certify that I have surveyed and platted the land described on this plat as OLDE VERNON 2ND ADDITION; that this plat is a correct A` I representation of said survey, that all distances are correctly shown on said plat in feet and hundredths of a foot; that all monuments have been c rrectly placed in the ground as shown or will be placed as required by the local governmental unit; that the outside boundary lines are correctly 46"W Slgnnated; that there are no public highways to be designated on said plat. osPP ao , N3 12 3N°' ay yti°50.00 pro ^ r .. 9d, Jw -li. L, % ; Q 10 qh wet land C_ CS48'45 N88°06'45E \N76 52.00 1 52.00 1( 13 1 o droin0ge and utility eosement over off of Lot 13 N6` 5258E Ii d 56.00 N 73`5Sa.00 S85 -3017"W c Z w o w o a d v Ing, NN o L o N O vS NM ON NO N, i os Vow Zb N Zb J#' 520945 259.00 1 N88°28' 17" EI F 0 yW, rand 3 CD N3 x yv°q,k Aotia 520o52v+ 63i X99 F, 25 e-_ DETAIL 240 Bearings shown are assumed. MN NO SCALE Imo. Denotes Judicial Landmark setpursuant to Torrens Case No. 14146. 5E ? 576g7g42" 52 00 Denotes found iron monument marked by RLS 17765 f Denotes iron monument set marked by RLS 25718 i found NORTH Moo N N 4 L L. Thurmes, Land Surveyor ota License No. 25718 ATE OF MINNESOTA UNTY OF l w e foregoing Surveyor Certificate was acknowledged before me this day of _. , 199 by Daniel L. comes, Land Surveyor. N tary Public, County, Minnesota Commission Expires J " uary 31, 2000. EDINA, MINNESOTA This plat of OLDE VERNON 2ND ADDITION was approved and accepted by the City Council of the city of Edina, Minnesota, at a regular meting thereof held this Loday of 19919 . If applicable the written comments and recommendations of Commissioner of Transportation and the Coutity Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subdivision 2. CITY COUNCIL'OF THE CITY OF EDINA, MINNESOTA B , Mayor By Manager T i PAYER SERVICES DIVISION, Hennepin County, Minnesota I ereby certify that taxes payable in 199_ and prior years have been paid for land described on this plat. Dted this • day of .199 P trick H. O'Connor, Hennepin County Auditor; By , Deputy S RVEY SECTION, Hennepin County, Minnesota Psuant to Minnesota Statutes 383B.565 (1969) this plat has been approved this day o 1199 G F. Caswell, County Surveyor; By REGISTRAR OF TITLES, Hennepin County, Minnesota I ereby certify that the plat of OLDE VERNON 2ND ADDITION was filed in this office this day o , 199 , at o'clock M. Dan Carlson, Registrar of Titles; By Deputy. MEMORANDUM To: City of Edina Planning Commission From: Olde Vemon Home Owners Association Board of Directors Date: August 28, 2019 Re: Proposed Development of Olde Vemon 3 Addition The Olde Vemon Homeowners Association ("OVHOA") provides the following comments on the sketch plan review for the Comer ofVemon Avenue and Olinger Road and the back 1/3 of 5705 Olinger Road. 1. The Comer of Vemon Avenue and Olinger Road, platted at 5829, 5831 and 5833 Vemon Lane and 5701 and 5703 Olinger Road, together with the common interest property siurounding those 5 lots is collectively known as Olde Vemon 3 Addition ("the OVHOA 3rd Addition"). 2. The platting of the 5 lots and surrounding common interest property was approved by the Edina City Council on December 18, 2001 on the express condition, agreed to in a written contract between the City, the owners and all successors, that the property would become part of the OVHOA and subject to all conditions, covenants and restrictions of the OVHOA, including the OVHOA Declaration. See attached Exhibits A (Edina City Council Minutes) and B (Agreement between City of Edina and Property Owners). 3. The OVHOA 3rd Addition has been incorporated into the OVHOA and is subject to all conditions, covenants and restrictions applicable to the OVHOA. 4. The OVHOA Declaration provides, inter alia, that the OVHOA is restricted to single family, detached dwellings on separate parcels. The OVHOA covenants and restrictions run with the property, including all property in the OVHOA 3rd Addition, and are binding on all parties having any right, title or interest in the property, as well as their heirs, successors and assigns. See Exhibit C (OVHOA Declaration Excerpts). 5 Pursuant to the OVHOA Declaration, any single family, detached dwellings proposed for a separate parcel in the OVHOA must be at least 1700 square feet of heated space on the main level, with at least 1700 square feet in the lower level. A second half story of no more than 50% of the main floor heated space is permitted. Dwellings are not allowed to exceed 1 and ,2 stories at the front elevation, and the average height may not exceed 22 feet at the front elevation. 6. OVHOA approval is a mandatory requirement for any and all development proposed for the OVHOA 3rd Addition, including but not limited to any proposed replatting, or proposed structure or stmctures. 7. The OVHOA Declaration as currently stated does not permit the sketch proposal for the OVHOA 3I-d Addition, particularly the proposed condominium structure. 8. The covenants and restrictions in the OVHOA Declaration mn in perpetuity, and may be amended only with 75% approval of the OVHOA. 9. Adding property to the OVHOA, such as the property at 5705 Olinger Road, would also require 75% approval from the OVHOA. Such additional property would then be subject to the covenants and restrictions in the OVHOA Declaration. 10. The OVHOA supports the concept of including the entire property at 5705 Olinger Road into the OVHOA, not just the back 1/3 of that lot. The OVHOA supports the unified development of that property and the OVHOA 3 Addition with the construction of single family, detached villa homes on separate parcels that comply with the architecfairal control provisions set forth in the OVHOA Declaration. The OVHOA does not support any proposal or rezoning which would permit the construction of anything other than single family villa homes on any portion of the 5705 Olinger Road property. Respectfully submitted, The OVHOA Board of Directors EXHIBIT A MINUTES OF THE JOINT MEETING OF THE EDINA CITY COUNCIL AND TIfE EDINA HOUSING AND REDEVELOPMENT AUTHORFrY HELD AT CTTY BALL DBCEMBEK18,2001 8;00 P.M. CALL TO ORDER Mayor Maetzol4 called the regular meeting of flie Edtna City Counca to order at 8:oip^i. He noted the CouncU hdd delayed their meetfaig becaiiise of the Hopklns Schod Disb'ictHection, .RO'LLCALL Answering rollcall w&re Members Housh, I-Iovland, Masica and Mayor Maetzold, Member Kelly entered the meeting at 8:15 P.M. CQNS.ENT AGEP^DA rTEMS APPROVED Motion ma4e by Membo- Masica and seconded by Member Housh approving the Council Consent Agenda as pwswted, RoUcaU: Ayes: Housh^ Hovlmid, Masica, Maetzold Motion can'led. .tMINUTES_OF THE REGULAR MBETBSTC QF DECEMBER ^ 200L.SPBaAL.MEBTING.01F SEPTHvTB ~1i-2001^ANb PECIAL MEETING OF DBCEMBER.,4, Zppi^ppRQVBp Motion made by Mpmber Masica and secoiided by Meanbei-Housh approving the Minntcs of the Regular Meeting of the EdJbaa City CoyncU for December 4, 2001; Special Meeting of September 19,2001; and Special Meeting of December 4,2001. Motion carried on rotlcall vote -fotir ayes. EMPI<PT^EJLECQ©in3,8N[ Mayor Maetzold (hanked En.guzeer Francis Hoffman fQi- his 28 years of service aiidaGtoowledged his extraordinary dedication, Ibyglty and commitment to the City. Mr. Hoffmai) explained that he felt lucky to have been able to spetid his career working in Edina. He thanked the Council for flieir support over the years. ^HEARING 0 TAN-UARY1S 2 VACATION F PORTIOI^QI? 2 AN 60 DAY EXTENSION GRAN PRUCE ROAD_ CONTINUED TO JANUARY. IS 2 2 AN 60 DAY EXTENSION GRAN D Motion made by Member Masica andseconded by Manber HouBh tu continue the hearing on the vacation of Spruce Road until January 15, 2002, mid to grant a 60 day extension from action and vacation of street. Motion carried on rollcall vote - fvux ayes. RESOLUTTON ^a 2Qt)l-10 FINAL P T AFFROVETD.^TH CO^DmONS TOR OLDE ^tN&N SRD'SwterlwSen stated the Coundl had gT &ited RretimuiaiyNat approval for flus S^Taddition to the Olde Vemon development on October 16. 2001, Tliey bad made a condition of'ttie approval, that the lots be made a part of file Okie Veuion I-Iomeowners AssDciation, Jvfr. Larsen re'pQrted that the developer had'faxed a signed agreement to ttiis condition to tfau City was ready to proceed to fhial plat. Member Hovland asked if &e filial plat co^ormed to the preliminary ptet Mr. Larsen replied that the plat bad not been modified. Page 1 MmttteSjSdina Citv Council December 18,2001 Member Hovlaiidinh-oduced the followittg resolution and moved its adoption: R^OLUTION NO. 2001-101 A RESOLUTION AFPROVJNG FINAL PLAT FOR OLDE VERNON 3KD ADDmON BE IT RESOLVED by the City Council vf th.e City of Edina, Minnesota, that that certain plat entitled, "Olde Vemon 3«1", platted by Leo Bvans, et al, and presented at the regular meettng of the City Cpuiicfl on December 18, 2001, be and is hereby grdnted final plat approval. BE rr FUR'nrER RESOLVED tiiat the approval of the Final Plat of OIde Vemoii 3rd Addition incoiporates the plat fai to the existing homeowner's association. Passed and ad&pt^d tMs 38th day of Deeenilier.2001. Member Masica seconded ttte inotion. RoUcaU: Ayes: Housh; Hovland, Masica/ Maetzold Motion cattied, ORDINANCE NO. ;85Q.A22 GRANTED PIRST READING APPROVING P BUMINARY REZONING A D RS OLUnON 2001-103 APPROVED AMEEjDING COMPREH STVE PLAN - A015 WEST 6 " STREET STEVEN SCQTT DOVE COMPANY AND GRA1G COMPANY Affidavitis of Notice werfi presented, approved and ordered placed on file. . ^'eselltetjiSELhY-PjlgSfiS' Planner Larsen explained a request has been received faom Steven Scott- Development Cumpany arid Tlie Crajg^ Company to aaiend the Comprehensive Nan designation from office to High- Density Residential Rezone from Planned Qffice ^District/ POD-1 to Hamied Residence DisWct, PRD-4, The proposal would raze all existing site miprovements to allow the constrocyon of a four-stoi-y, 100-uidt apartment buUding on die 3^4-acre site, The building would sit over a two- level/193 space parking garage. There would be ^ addttional 35 surface parking spaces on the north side of fhe bufldmg. the deve]opmeflt consisls of two buading fhat would be coiuiected by a sin-gle Story office and amenity space, He noted. Ole TeqLuested redevelopment required no variances from the City. Mr. l^irsen said the PJaruung Commission recommended tffinending the Caniprehensive Plan designation conditioned upon: 1) Final Rezoniug, 2) Wato'sbed District Pennits; 3) Easement Vacation snd Rededlcation; arid 4) Sewer Line RelocaKon at Devdoper s Expense. Member Masica asked for verificatioji that die proposed redevelojwent would lessen traffic m the area, Mr, Larsen replied that the glte could Itandlci an 80,000 squa-Ce foot office which would generate appro^imstely 1,100 car trips dwly. The 100-iimt residential apartmCTts were projected to generate only about 700 trips daily and theti they would not be at peak traffic hours given lie likely tenants. Member Housh aslfced if the Council were to approve fhe requested redeveiBpment, but the developa- failed to proceed what would happen to the property, spectficalty the rezoning. Mr. Larsen'replied that the zoning -would revert to what it was prior to the request. Mayor Maetisold noted that Conunissioner Brown had voted 110 on the proposal and riated he thought further study should happen before any further redevelopment occurred m (his area, Page 2 EXHIBIT B THC5 AGREEMENT is inade this 18dl day of December, 2001, by and between the City of Edina. a municipal corporation (the "City") aod Leo. M. Evans and Margaret L. Evans. husband and wife, Suzanne M. Hluds. an umiiarried woman, Kareu Evans Taylor and Calvin Taylor, wife and husband (together ''Ownsrs"). WTTNESSETH: WHEREAS, the Owners are liie owner of the parcels of property in the City legaUy described oo Exhibit A (the "Property"); WHEREAS, as a condition to the approval of rqplat of the Property as Oldc Vernon 3"1 Addition, the City requked that this AgreeniCTri: be entered into; NOW, TBOSRBTORE, in consideration of the mutual understandings and agreements hereafter set forth, the parties agree as follows: 1. JProporty^^ Subject to Der.IaratfoafotJSUe-Xsm®. The Property shall be included as part in the Oldc Vemoa Townhouse Development that is adjaceot toflie Property and aU of the Property shaU be made subject to the OIde Vernoa Homes Declaration (the "Declaradon") datel May 1, 1998, and recorded as Document No. 3017332 with the Hennepin County Registrar of Titles. The Owners agree fliat all dwellings comtructed oa the Property shall comply with requirements of the Declaration as now provide, including, but not limited to the now'existing requiremeats of Article K, Section 2 thereof. The Owners aclmowledge and agree that the Ci^newi not issue a buUding permit for construction of any dwellmg on (he Property that does not comply with the Declaration. 2. Bladin&.QndJBfin^I'ciaLEfifeei. This Agreement shall iaurc to the benefit of and be binding ou the City and the Owxiers and their respective heirs, representatives, successors and assigns ami upon all subsequent owners of any portion of the Property, and shall be for the benefit of the parties and the Olde Veroon Homeowners' Associatioii, 3. Counterparts. This Agieemeut is executed in any number of counterparts, each of which shall constitute one and the sanie instrument. in<W.»"«<> )<ai «UBU«Wn.UWUI-*tanin«-Bl»l«J IN WTNBSS WHEMEOF, Ae parties have caused this Agreement to be duty executed as of the date first above writtai. CTTY OF EDNA By; A^^u-^" A /_^ A' Its M :or By: Its City Manage LEO EVANS AND MARGARET EVANS, husband and v/iSe^ SUZANNE M. HINDS, an unmarried woman, aud KASEN L. TAYLOR, also known as KAREN EYANS TAYLOR, and CALVIN TAYLOR, wife and huriiaud By: ^^.'*<-^.'^^lrf^iAs4&- .^^ Leo M. Evans and Margaret L. Evans, husbaxri and wife, by Gordoa L. JeDsen, Attorney-m-Fact pursuant to Powers of Attorney dated May 21 , 1998 and Suzaane M. Hinds, an unmarried wonaan, Karen L. Tayior, also lonown as Karen Evans Taylor and Calvin Taylor, wife and husband, by Gordon L. Jensen, Attorney-in-Fact pursuant to Powers of Attorney dated May 21, 1998 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing mstrumeat was acknowledged before me this 18 day of December, 2001. by Gordon L. Jenseri, Attoraey-in-Fact pursuant to Powers of Attoniey dated May 21,1998 for Leo M. Evans and Margaret L. Evans, husband and wife, and Attomey-in-Fact pursuant to Powers of Attorney dated May 21, 1998 for Suzanne M. Hinds, an uimiarried woman, and Karen L. Taylor, also known as Karen Evans Taylor and Calvin Taylor, wife and husband. Public Seal) CYNTHIA L. RA'<0 I NOKflYPUBUC - Mi':;<-S3T.t My Coinm. BiplrBs Jan. s 1, zoos WOfWWWWIOlWlVKWWWrfB Lute 1 through 6, Btock I, Olde Vernon 3<d Addidon, Henneirfn County, Minnesota, (bimwly dffcribed as Outlot B, OIde Veraoa. s^ ^^^- /-/^-^ ; &a</ ^U^- ^// ^ <$^ s^- ^/G.. ^ ^-sy^ ^ -fOFRCE QF_THE RCGISTflAROF TITLES ~ WEPIN COUNTY. MINNESOTACERT1RED FILED ONSEP 052003 ,^(>^^'<EAl^?<-^REGISTRAR OF TlTLESBY _-_" DEPUTf ^ JS Form No. 0%-M - AFFTOAVTT BY ATTOBNEY IN FACT-NONTERMINATION OR NONREVOCATtON tN SURPORT OF A REAL PROPERDf TRANSACnCXN AiBdavll of nonleimilttdoa or aomevoCTtion m aapport of a IB«I pioparty IransaEtioa puauant to Itfina. Slat 523.17 Sabd, 1. STATE OF MINNESOTA ) ) St. COUNW OP HENNEPIN ) Gordon L. Jenwn. bring Got duty «wom, on oath says (hat; 1. Affiant is the Atwmey-bi-Pact named In that certain Power of Attoroey, dated Nowmber 13, 2001. and flted for record __ _.._._......... , 2003 as Docummt No. _,"_"___ , , in the office of the Registrar ofndea ufHennepin County, Minnesota, tiiecuted by SiBanncM. Hmds, as Oramoi and piincipal, telatiBg to real property Eu Hemiepln County, HBnnflsota, lazily described as followB: Lots 1 throu^itf, Btockl, 01deVernnn3rt Addition, Hen»lria Comity, Mtanesuta, fonnerly described as Oattot B, OldeVeraon. 2. Affiant does not have actual knowtedge and has not recelvad acnial notice of the revocation or tennination of the Power of Attorney by Grantor's death, duabBily, incoiqietence or otherwise, or nodes of any ftcu faidicating die same. 3. Affiant has uamlned the legal <te«:riptiou(s), if any, attached to (he Power of AnoraBy and certifies thai to the best of Affiant's actual bKwdsdge the tecriplionfs) bas/baw not been changed, replaced or aawndfid atoce the sigabg of the Power of Attorney by the Principal. .....'^-O-A-b^C, Ooidon L. Jensen (Notarial Stamp or Seal) OYWHIALRAKO iNinwwBUC-uwnssaw f Oinm, B»ln*'lu^ *1>WB Subscribed and awom to before me (his f^J^i day <rfA»gu8t,2003, _.^M^....^..M^ - - Notary fvb\\c TOIS INSTRUMENT DRAFTED BY: JENSBN & SCWGDRAU-, P.A. 8525 Edinbrook Ctoistog. Suite 201 Brooklyn Park, MN 55443 C7fi3) 424.8811 d«»<wiurk«u.iu -9 ^u JS Two No. 63'A.M. AEHDAVIT BY ATTORNEY IN TACT-NONTERMINATK1N OR NCTdlEVOCATIQN IN SUPPORT OF A SEAL PROPERTY TRANSACHON Aftoril of nwuermination or ntau«TOcai<a u aw»rt af * tul P"I»«y lT>»°*>n pwauatt to Mim. StaL 523.17 Subd. 1. STATB OF MINNESOTA ) )8S. COUNTY OP HENNEPCi ) Goirdan L. Jeiwen, being first duly sworn, on oath sayt thai: 1. Affiant It the AEtomey-in-Paet ngmed in Biat certain Power of Attorney, dated November 9,3001, and dtod for reeoid . ,2003aaDocuniBDtNo._ ,intteofflc® of the Regiatrar ofTMes ofHeiuiepia County. Minnesota, executed by Leo M, Bvans, as Chanter and principal, retoting to real property hi Ifennepin County, MmnesotB, legally described as follows: Lota 1 through <, Block 1, Olde Vernon 3"1 Addition, Rennepln County, Mtanetotu, fomierly described at Onttot B, OUe Venion. 2. Affiant does not have aeual knowledge and has oct received actual notwe of fte revoeatia» or tennuialion of the Power of Attorney by Orantor's dead, dlsiibility, incompetence w otherwise, or notice of any Eacls iiuUcatine the saroe. 3. Affiant has examined (he legal fteierip(ion(8>, tf any, attacbed to the Poww of ABamey and certifies that ro the best of Afliant's actual laiowledge tbe aesctip&asW has/baw iwt bwn changed, teplaeed ot aiwaded dace th; slgnmg of fte Power of AUoiney by the Prine4»l. (tordon L. Jensen (Notarial Stamp or Sea]} CYNTHIA LRAKO jnonwputt.ic-NtiiNESow "U, Coma. iKpkN An, 11, tM» Subacribed and sworn to before me tUs^^") day C, 2003. '^^-....,..,..^A, Notary. .uWte '..LbA...... THIS INSTOUMBNT DRAPTBD BY- JENSEN & SO^^^RALL. P.A. 8525 Edinbrook Cnuiing, Suite 201 Brooklyn Park, MN 55443 C763) 424-8811 rtftfUKWBMB lC/vfb ntt^N. 0 -^ JS Fonn No. O'A-M - AITIDAVTT BY ATTORNEY IN BACT-NCTmHlMINATION OR NONREVOCAnON IN SUPPORT OF A REAL WCWVKTV TRANSACTION Affidavit ofnontHiaiaatioB or aoBrevocatim In raBWrtofa nal property tnnsaedon ptusaant to Mini. Stat 523.17 Siflid. 1. STATE OF MINNESOTA ) )8S. COUNT? OF HBNNBPIN ) Gordon L. Jenaen, bElng first duly sw&in, on aatfi saya thai; 1. Afflant is the Anomey-in-Fact named in that certain Ptwer ofAltomey, datad November 9,2001 , sad filed for iccoid _._,_, 2003 aa Docuinsnt No. , in flit office of the Repauar of tlrtw of Henn^in Couoty, Miiuesota, eaccuted iy Maigaict L. Evans, aa Grantor and principal, relaling 10 real pivpnrty ia Heaaepin County, Mnnesota, legally described as follows: Lots I ttuwgh C, Block 1, OIde Vernon 3rt Addttloa, Hennqi tn Oountj, Mbmcsirta, fiirmerly described as Outtot B, Olde Vwum. 2. Affiant dosa not have actual kaowledgB and lus not leceivcd actual nodce of the revocation or leimtaadoa of <he Powr of Auomey by Grwitoi'a deatlt, OlwbUliy, incompetence or oiliawite. Ot no&e of any facts todkatfng (he (aim. 3. Affiant has examined the legal d«eriptlon(s), if any, attached to the Powr of Attomey and terifies that U the best of AfGant's aetuai taiowledge die de»cription<B) has/have not been chaaged, cepla<wd or amended saw fhe sigmng of the Power of Attoroey by the Principal, ^s ^.^s^. Gordon L. Jensen (Notarial Stanq> or Seal) CYNTHIA L flAKO liKnimpua.c.MiiiKsoTA ' Xromn. Bffiw <m,»», a»u Sutscribed and sworn to baftm me fliii ^^, day ofAugus' 2003. ^ ^'4,. ^L.k\^ Notary Public TfflS mSTRUMENT DRAFTED BY: JENSEN S SONDRALL, P.A. ' 8525 Edbibnxak CiOMing, Svlte 201 BrooMyn Park, MN 55443 f763) 424-8811 hUwnu»ngU-Clb» Wfetfi w^avfMfisfw^t JS Fonu No. <S3%-M - AFFIDAVIT BY ATTOKNEY IN FACT.NONTERMINATION OR NONKEVOCA.TION IN SUPPORT OF A RBAL VSVOTES'TY TEtANSACHCTI Afli&vit of aontenBination or mmrevocatioa m suppon of a nal propCTty tTBDBaction punuant to Mhm.SteL 523,17.Subd.l. STATB OF MINNESOTA ) )tl. COUNTY OP HENNBNN ) Gordon JL. Jeawn, beiae first duly sworn, oa oath says that: 1. Affiant is f AUoniey-in-Pact nained In that certajn Power of ABomey. dated November 14, 2001, an4 (Bed for recoid _ " _ _, 2003 BS Document No. __. _, In the office of the Registrar of Tales of Henatpin County, Mwnesota, executed by Ctlwn T^lor, u Grauoi aidpriiK^al, relating to reaJ propenyin Hennepm County, MinnesotB, legally deBcribed as follows: Lots I through <, Block l> OIdeVernonS"1 AddtUon, Hamepin County, Mlnnisotai, funnerty dtescribed a* Outhrf B, OMe Veinon. 2. Affiant doet not have tctual fcnowledge and ha8 not received actual notice of the revocation or (emrinalion of the Power of Auomey by GraDtor't death, diiability, lacompetense or otfaetwise, or nodce of any face indicaring the sanw. 3. Affiant has examhied th9 tegal dwcrip<ioD<sJ, if any, altadwd to tl» Puww of AttUtaey »nd cenifle* Chat to die beat of Affiant's actnal kao^fcdee flie dsaaiptton&i) lus/have aoi leen changed, (eplaced w anieaded since the signing of the Power af Attoniey by die Prinsipal. /_^'--tss=-- GoMon L. Jwsen (Notarial Stamp 01 Seal) CYNTHIA L, RAKO |iOTwnj8uc-unnE6or* .NIT CMwi. Ewh« jui. >i. am Subscribed and sworn to before me this ^#l day of August, 2003. &y>i^-< ^ NMfiiyFlitiUc I THE INSTRUMENT DRAFTED BY: i JENSEN & SONDRALL, P.A. I 8525 EdlnbrookCtosslag, Suite 201 ! Brooklyn Parie.MN 53443 f763)42M811 rt«*w»fffcw a* Auyb »ua.»i< 0 ^ JS Form No. O'A-M . ACTTOAVTT BY ATTORNEY IN FACT.NONTERMINATION OR NONREVOCATXON IN SUPPORT W A REAJ, NtOPBaTY TBANSACHON Affidavit of nootuaatnBlfOB or Bonicvocatnin in iqipnrt of a Tial property tnmanrtinn punuant to Ulna. Stat. S23.17 Subd. 1. STATE OP MINNESOTA ) )». COUNTOOFHENNEHN ) Gwdan L. Jenan, being first duly swon, an oath say* thac 1. Affiant fa the Attocney-in-Fact named in But certBin POWT of Attoiney, dated November 14, SWl.iwlSieStmiewtd , 2003m Doenment No. _........ ," .in the office of the Registrar of Tides of Heanepin County, Minnesata, exeeuied by Karen L. Taylor, as Grantor and principal, relating to real proper^ fai Hennepm County, Minnesota, legaBy described a» follows; Lota 1 through <S, Bbck 1, OMe Vernoh 3'd AddiUnn, Htnnepfn Caunty, Minnesota, foraeriy daicribed a» Outhrt B, Olde Veraon. 2. Affiant doe* mx have actual taiowtedgs and has not received actual notice of the revocaUun or terniinsdia of the Power of Atmmey by GraBtor't death, disabUity, incompetence or otfaeralse, or notice of any facts tndlcatlng Cw saine, 3. MEsnt has examined the tegal ileacripdon(s). if any. tttaehed to the Power of Aaomey and certifies that to (he best of Afflant't acual laiowledge ilie <lescriptlan(s) hasAave not been changed, mptaced or amended since the signmg of the Power of AUomey by d» Principal. ^^S--t.^_Z^.^_ Oordrn L, Jenaen (Notarial Stamp or Seal) CYNTHIA L BAKO |IIOBWWBUC-IUt88BTO rtl» Corn. BSm Jto. fl,i!W(i Subscribed aadiwwnw before me thkS^ day ofAugU!I,2003. J^^,. .KL.Ci^.........- Notary PuWte , THIS INSTRUMENT DRAFTED BY: JENSEN & SONDBALL, P.A. g52S EdicbPookGoBsiBg, Suite 201 BrooktynPaik.MN 55443 f»63)4U<8ll »iu^iNite(hi-c*"i*i tewd«hrif«<tail"»^u»d EXHIBIT C \--.» -'s '^ YO-^ OLDE VERNON HOMES &ECLA31ATION ^ J^H s 0 in . 0 K» » C<J e~ Oil ir> TffiS DECLARATION OF PLANNED COMMTJNTTy is made in the County of Heaaepin, State of Jtfianesota, on fhis J_ day of 1998 by OLDE VERM'ON LLC, a Wsconsia ludled liabflity compaay C'Dedar t"), for the purpose of creating. OIde Vemoa Homes, a planaed commumty. WTTNESSETH: ; -. WHEREAS, Declar&nt is the owner of the real properly described oa Exbibit A to this ' w Declaration, and desires to create thareon a resideatia! community: and ^ WHEREAS, Declarant desires to provide-for (be preservation of the values aad ameniries ia tfae-wmBQunity and to this end desires to subject the real property hereinafter described and aB impraroinoats IhBieon (fhft "Property") to the easttaeuts, restrictions, coveicuuits, conditions, charges and Ileus set fbrth ia this Dedaratioo, eadh. and aU of which is and are fbr the benefit of the Propca-ty and each owner thtsreoi; and WHEREAS, Declarant has deemed it desu-able for the efficient preservatioo of the values and ajnenities ia the commuDity to create an ageacy to which should be delegated and assigned the power ofadministeriag and enforcing the covenants and restdctiojis contained in tliia Declararioji aod collecting aad disbursing the assessments and charges created by this Declaration; and WHEREAS, Declarant has incorporated, under the laws of the State of Minnesota, Minnesota Statues Chapter 317A, as a nonprofit corporatioxi, OJde Vernoa Homeowners Assadatioa, be., foj- Uie purpose of exercising these functions; aad WHEREAS, dde Venaon Homes conststs solely of separate parcels of real estate designed for d&tached single family dwelling and the Association shall have no obligation to maintaia any bvlldiag coataimag a. dweUmg and is therefore exempt from the Minnesota Common Interest Owoership Act, pursuant to MiBaesota Statutes Section 51.5B.l-103(e)(2). NO"W, THEREFOBS, Declaraut declares that the raal propeity described on BsNl?itA (and if additioiial real property Is annexed to the sdiame of coveaaats created hereby; pursuant to Article II hereof, such.filrthar real property) is, and shall be, held, traosfenred, sold, conveyed and occupied subject to the foUowisg uyvenants, couditioiis, restnctions, easements, charges and lieaa (sametunes referred to as oavei i^^.:ind restrictiom"), which covenants and restrictions shdl run vntfa t3ie real property and be buidiag on all parties having any right, title or interest in the herdnafter described properties or any gart thereof, their heirs, successors and aaigas, and shall imu-e to tfae bensfit of each owner thereof. F)ilIIAni94ti-4 notice of the assessment shall thereupon be sent to every Owner sulyecuhere^; provided, however, th'aFfaUure'tosend'such written notice shall not render any assessment invalid. The Association or its agent shall, upon demand, furnish to anyowner.Iiabl^for_sald assessmenFa^Ffic'ateTn writingTigned by an officer of the Association seldngfonh^hetb^^ch ^smenthasbeen'paid. Said certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 9. P^'^-t" Prepa r-ft Ann"al BUTlrt and Lew Annual Assessment?. The failure0^ o'fTheToard to prepare the proposed annual budget and to levy^sessinents^upo^h Se7al"Provid"ed\bo^e shall not constitute a waiver wSonTp^n^a^^Tn^a;ubSd^t;'e"a^Menibe7shall continue to pay the monthly ^smentatthe^e^S^teu^?ao suZMemb7rhas7ece'ived notice of'the new annual or special assessment levied. ARTICLE Vffl RESTRICTIONS ON USE OF PROPERTY All Owners and occupants, and all secured parties, by their acceptance or assertio n of an y;~orby-their occupancy of a Unit, covenantand agree that. in addition to^anyS^S^id; uy.u^'by thcGovennngDocume^^he^occupanc^^e,^pne^iocns"aSon and conveyance of the Property shall be subject to the following restrictions: ;tion 1. Gensal. The Property shall be owned, conveyed, ®ncumbered>..leascd' used,_andtto^^verDmg Docume nts. All covenants. ^ctioas_and^blig_ations set^forth?ncZ^2cninguDocuments"a7em-fiirtherance of a plan f°^the proPe^.and_sha".mn^^^^Ipnr^uan31 b'et asb^den'andb^efit to all Owners and occupants and to any other person acquiring ^"o^mra iiTnte^est'mtheYroperty. their heirs, personal representative. successors and assigns, Section 2. R^^B"tial Use. The Units shall be used by Owners and OCCUPant6Rn^thMr guests li vely ^s prrvate: ^^.rest^ml^!"ngs:^;°^^Slh^SeTOTbTsm^r'otWno^Kidendal purposes^xceptas^^ocf^nr(e"KCCp7fo;occupaii^lteh^Sxa(6Tm <i^oran7occu7ancy^^^^ any services customarily furnished to hotel guests, shall be presumed to be for transient purposes. 3. n""ip^ Use Restricted. No business, trade, occupation or Professiono_fa"y kind. wSherucarried on for profit or otherwise, shall be ~^«cted> ma^nlOTPermi^ iSs^^Q^Ownero^occupantresuiing.n aUnit "^ keep and m^^s^^^^s^SSiS ^^uSS^ha^ematters'^t^ su<ib usS^5>teS)t^^ZSJen^lSroinrp7ovided"that such uses are incidental to^ the residential use. do ^ 3°pnS LSiuono'fthe5nltand do not ^v^^obs-a^^;n^aS wrss ^^'^^^^isitMic^So ^d^Te Z'^t^^^ on'the Property for management and related purposes. phi(»A 521946.4 -10- Section 4, Muisaness. No noxious or offensive activities shall be carried on upon any Unit. Section 5. Anlmsls. No animals, livestock or poultry shall be raised on any Unit, except household domesticat^imals. No animals kept or bred for co"lmercial P"H)oses may,bekePt OD "The Board shall have the authority to prohibit and regulate the keeping of animals on !^ P'ro^'. For'purpos^ofthis section, "animal" is defined as any living creature except humans. Section 6. G?^?^ "^ Rubbish. No Unit may be used as a dumping ground for rubbish or trash, andiilft rash'or'mbbish shall be kept in sanitary containers. Section?. Ecoluted^ufityies. No storage structures or outbuildings or external^or tetevisio'nTntennas, towers, masts, guy wires or dishes, except television antennas^o^ satelHtedishe^:greater~than"l meter, or any solar collection apparatus of any kind may be placed ^vus1dnoTanyU^'without the prior'approval of the Architectural Control Committee^reated^by tuheuA7sociaSoJ n.'"SatelUte dishes may be no greater than three fact in diameter may be piac^^oriy ulpco^h'e^oft ofaDwe]lmg"'Any dog kennels constructed upon any Unit must be attached to the Dwdling and camouflaged. Section 8. Sisas. No signs may be displayed without pdor approval of the Board except those placed by Declarant. Section 9. StfflagfiXMQtQL^fihifiles. There shall be no outdoor storage, on any part of the Unit. indudmg'the driveway, ofany motor vehicle, snowmobile, motorcyc^off-r^veh^m^h'o^or^t"hermotori^d~vehicle. mciuding any boat or boat trailer. The storage of any vehicle fo'r'more than twenty-four (24) hours shall violate this provision. Section 10. T^^-^T^^res. No Unit Owner may_lease^less than the^entire United no leaseThdrpro^de an initial term (exclusive o? pe nsions o^ptions^^new)^less than^muon;tuh°s: Zyllease'agre'ement shall provide that the t^ onhele^e shal;b^5ubjec^^ resp^^The"^LZofThe Governing Documents and that any faUureby ^^^eto^mpty^^;^ 7sudTG"overmngD'ocuments shall be a default under the lease. All leases shall bejn^wnti^oZr ZnTeTre^nTt hteret Ts"ao"restn^ right^f^y Unit Owner, including the Declarant'to'lease anwy Unit. Tiaieshares ofUnits are not permitted. ARTICLE IX ARCHITECTURAL CONTROL PROCEDURES S^tlon 1. ^r^.t-t.-i ^ntrol CnmmUtw. There shall be established an A^chitectu^ ControlTommittee (ACC) consisting of three (3) persons.^ The niembers ^AC9,maybe,rub;ZD edarant 'so'iong .s Dedarant'owns at^ast one ^ Afte^^mun^oJESs^ighT tTappoht"ACC°members. mem bers ^Lbe_the-BO,^OLD ilTS.O,fntSsTcS. Zc plr^^po^bTlityl otfthe'ACCshallbe to ^^^ that all improvements to Units PhillA52194fi.4 -II- are consistent with'the overall style of the Development. No improvements may be constructed, removed or altered without the prior written approval of the ACC. Section 2, ^fi+rictions of nrioinal CQns!m£U2a. There shall be established a Design Control Committee CDCC) consisting of three (3) persons. The members of the DCC shall^e PhHtip S.'Dommer two persons appointed by Phillip S. Dommer. The^DCC shall ensure that all Dwellings constructed before July 7,2022 comply with the Otde Vemon Design Control Summary dated April 2*"T99'7""No development or building shall occur unless the plans and specifications meet the I'equir'emenls as determined by the DCC in its sole and absolute discretion. All Dwellings built before July 7, 2022 must comply with the following requirements: The heated floor area of the main entry level living area of each Dwelling shall consist of not less than 1700 square feet; The lower level of each Dwelling must be at least 1700 square feet, which area need not be finished; (c) The second story of any Dwelling, if built, shall not exceed fifty percent (50%) of the heated fioor area of the main entry level; No Dwelling shall exceed one and one-half stories at the front eSevation. The : shall not exceed twenty-two (22) feet as measure at the front elevation.^ The method ofdeTermmTng'height shall be consistent with that in the Edina Zoning Ordinance as interpreted by the Edina City Planner. Section 3. P^'-F4'"ns nn Alterations. The following restdctions and requirements shall apply to alterations on the Property: (a) Except as expressly provided in this Article IX, and except for akerations . Declarant in consideration of its initial sale of a Unit, no structure, building, addition, deck, ti'o."fence~waTl. enclosure, window, exterior door, sign, display, decoration, color change, ^hmbberyrm aterial'topographical or landscaping change, nor any other exterior improvements toor a'Ueration of any Dwelling or any other part of a Unit which is visible from the exterior of the Unit tive'ly "referred to "as "alterations"), shall be cominenced. erected or muntained in^aUtut u'nlessaad'unta'the plans and specifications showing the nature, k*nd».shBPe'.hei§ht^coloJ''mate^als ^nd'locatio'nsofthe<eralioas shall have been approved in writing by the ACC. Notwithstanding th'e foregoing." Declarant's written consent shall also be required for alterations until Declarant no tQ'nge'r'wns'^iyunsold Unit and has no further rights to add Additional Real Estate to the Property. The criteria for approval shall include and require, at a minimum, (i) substantial unifomiity of color, size, location, type and design in relation to existing improvements andVopos-aphy, 09 comparable or better quality of materials as used in existing improvements, (ity easeo^aintenwce aad repair, Qv) adequate protection of the Property, the Assoaation, Owners a*n76ccupajit s'from liabtlit'y and liens ansing out of the proposed alterations, and (v) compliance with governmental laws, codes and regulations. |>hiHAS1194(i.4 -12- Section 3. "til'f^ Element. The Property shall be subjecUo noa-exdusive, appurtenant easements'for'all utilities, water and sewer and similar services, which exist from time to time, as c^nstnlct'ed'or referred'to in the Plat, or as otherwise described in this Declaration or any other duly i:ec'Dt:ded'instiument.- Each Unit, and the rights of the Owners and occupants thereof, shall be "to'anon-exclusive easement ui favor of the other Units for all such services, including wThout limitation any sewer or water lines servicing other Units. Each Unit shall also be subject to an'^clusive'easement in favor of the Association and aU utilities companies providing service to 1 Units for the installation and maintenance of utilities metering devices. Section 4. ^w.i»*i^ F-asements. The Association shall have and enjoy a pe^etual noneKclusive'easement for ingress and egress over and across any Unit for the performano maintenance, repl'acement or repair that, under the terms of this Declaration, is an obligauon of. or ttot'may be performed at the option of. the Association on any Unit. The Association sh^ have the rTtvto'enter a Unit with or without notice in the event of an emergency; such entiy may I ^adeb? an off^er. Board member, the management agent of the Association o'- Public safety Such easements shall be considered easements in gross and not appurtenant to any of the Association; The use and enjoyment of any easement of the Association Kein'sh&li'be'on the condition that the Association shall, at its expense, repair or replace any damage'caused to any Unit by any entry made by the Association hereunder. Section 5. F»<^P."ts and Riffht. nf Declarant. The Declarant ^shall have and enjoy a nonexclusive easement in gross over allProperty and each Unit now included or hereafter annexo tooide'Vemonto install utilities or otherwise complete construction required in SheTnTrial^v'JopmentoToideVemon, and to use portions of the Property other^than Units owned 'a'oerson other than Declarant for storage of materials for purposes reasonably related to iStia I^construction; provided, however, that such use shaU be on the condition that Declarant i ."restore any Unit or Property so used at its expense. Further^the Declarajit may, ^i'ihSu?rvott7ofthe"inembership of the Association, cause the Board of Directors, while Ae Declarant is'the Owner of-at least one Unit, to execute and deliver such easements or otfaa i creation of utilities or other dedications as may be required incident to-thej d^ero pmeatofOldeVemonand may use one or more Units or dwellings owned by it as models or for sales ofiRces during such initial construction and sale period. ARTICLE Xffl SPECIAL DECLARANT RIGHTS Declarant hereby reserves exclusive and unconditional authority to exercise the follow^g special deduaranTnghts~for asTong as it owns a Unit, or for such shorter period as may be specifically indicated: Section 1. fnmptete Imoroysmsnts. To complete all the Units and other »mprovemMts indicated on'the Plat, or otherwise included in the Declarant's development plans or allowed by 1 Dedaration/and to'make alterations in the Units and Common Elements to accommodate its; facilities; niiUAS219<16.4 -16- Section 2. M^ Add't'o"al Real Estate- To add Additional Real Estate to the Property as described in Article II; Section 3. pdncateBounrfariBS and /dl,SI_Umt§. To relocate boundaries between Units and to otherwise alter Units owned by it, to the extent permitted by Article XVI; Section 4. Sales Facilities. To construct, operate and maintain a sales office, management office, model Units^nd other developnnent, sales and rental faciUties within the Property and any Units owned by Declarant from time to time, located anywhere on the Property; Section 5. Signs. To erect and maintain signs and other sales displays offering the Units for sale or lease, in or on any Unit owned by Declarant; Section 6. r-nnrml of Association.. To control the operation and administration of the Association, including without limitation the power to appoint and remove the members of the Board7untU the earlFest of: (i) voluntary surrender of control by Declarant, (ii) an Association meeting wiuch shall be held within 60 days after conveyance to Owners other than a Declaration of seventy-five percent (75%) of the total nuinber of Units authorized to be included in tte Property^or years following the date of the first conveyance of a Unit to any Owner of than Dectorant." Notwithstanding the foregoing, the Owners other than a Declarant shall have the right but'TOTthe'obligation to nominate and elect not less than thirty-three and one-third percent (33 'of'the'dTrectors at a meeting of the Owners which shall be held within sixty (60) days following the conveyance 'be Declarant of fifty percent (50%) of the total nuinber of Units authorized to be included in the Property; Section 7. P-asements. To have and use easements, for itself, its employees, contractors,^ representatives,'ageats and prospecdve purchasers through and over the Property for the purpose of exercising its special declarant rights; Section 8. Duration of neclaration of Covenants, Restrirtions and Eflsemsits. The covenants7restrictions, and easements of this Declaration shall^ run with and bind the land and shall inure to'the'ben^t'ofajid be enforceable by the Association or the Owner of any Unit subject to this Decla'ration, or their respective legal representatives, heirs, successors and assigns. Except as otherwise provided with respect to easements in favor of Declarant (Article XIV), the easements srt forth herein shall be perpetual. The covenants and restrictions herein set forth shall have a term of "from the date this Declaration is recorded, after which time said covenants and restnctions/shall be automatically renewed for successive periods often (10) years. The covenants ami'restnctionsofthis Declaration may be amended during the first tw&nty^20) years by vote^or a ^ritten"agreement signed by not less than sbcty.seven percent (67%) of th total votesofihe Metnbers°ofthe Association and thereafter by an instrument signed by not less than seventy-f S%'» of the Owners. An affidavit signed by the Secretary which states the outcome of such vote or the signed written agreement is adequate evidence of the validity of the amendment. Such affidavit'or'^ritteii agreement shall be recorded along with the Aroendmeat in the office of the ReSstrar/CountyRecorferHennepin County. Any amendment must be properly recorded and shaU be effective when recorded. PhiltA521M6.4 -17' Sections, ^"fl.rts AmoneLPfifiumentS. In the event of any conflict among the provisions of the De'daratiori, the Bylaws or any Rules or Regulations approved by the AssociaUon, tfie Decra raTion'shail control, as between the Bylaws and the Rules and Regulations, the Bylaws shall control. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this Declaration this _/ day of ^ 1998. OLDE VERNON, LLC, a Wsconsin limited liability company By Its / STATE OF MINNESOTA ) ) ss. COUNTY OF tlmm^x ) The foregoipg instrument was acknowledged before me^this ^J_ day _ofJ^a^^^^ 1998. by(ic ^^.lO"^>^^L^thel F^ft^/>|^^ LLC, aWisconsb limited li^ility company, on behalf of the limited liability company. »^M^ -IW^AWM^^^g f^SS^ PAMELA J.BEI^.Jt^l NOTAfl'YPUBi.lC -MINNESOT^! ''MYComin.ExplrasJan.SI.I fuwnw^<A^wwwvwwvwvvw AnuiAJQfiid^ Notary Public My Commission wcpires- l/^ 12000 31 THIS INSTRUMENT DRAFTED BY: Doherty, Rumble & Butler (AKP) 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 340-5555 PhillA $21946.4 -22-