HomeMy WebLinkAboutResolution No. 2024-86 Approve Conditional Variance Permit for New 4208 Philbrook Ave HomeRESOLUTION NO. 2024-86
APPROVING A CONDITIONAL USE PERMIT WITH A VARIANCES FOR A NEW
HOME, 4208 PHILBROOK AVE.
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section I. BACKGROUND.
1.01 The project requires a Conditional Use Permit with Variances to tear down and build a new
home on property within the FEMA floodway.
1.02 A Conditional Use Permit is required for a stem wall with fill pad for a new home to be
compliant with FEMA rules in the R- I, Single Dwelling Unit District.
1.03 The structure requires a variance from zoning variances that include a 4.09 ft setback variance
from the 10 ft requirement for a 5.91 ft side yard setback on the front south corner of the
home to match the existing nonconforming side yard setback and for a 22.7% variance from
the 50% maximum for exterior basement walls to be 72.7% above grade and therefore
counted as a 3rd story. The maximum building height allowed is 2 and 1/2 stories with the
basement counting as a story if more than 50% of the exterior basement wall is above grade.
1.04 The property is address and parcel identification number is:
4298 Philbrook Ave. Edina, MN 55424
PID: 19-028-24-14-0073
Lot: 017 Block: 001, G. A. JOHNSON'S SOUTHVVOOD ADDITION, HENNEPIN
COUNTY, MINN
1.05 To accommodate the request, the following land use applications are requested:
I. A Conditional Use Permit.
2. variances to allow the new home at 5,91 feet from the left front corner of the home to
the side yard and allow exterior basement wall area to be 72.7% above grade.
1.06 On September 25, 2024, the Planning Commission recommended approval of the Conditional
Use Permit and variance requests.
1.07 On October 15, 2024, the City Council held a public hearing on the Conditional Use Permit
and variances.
Section 2. FINDINGS
CITY OF EDINA
4801 West 50th Street • Edina, Minnesota 55424
www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0390
RESOLUTION NO. 2024-86
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2.01 Approval of the conditional use permit and variances to allow a new home to be built on the
property with a stem wall and fill pad is based on the following findings:
I. The proposed project meets the conditional use permit standards of Chapter 36.
2. The proposed project meets the criteria to grant the side yard setback and exposed basement
wall variances.
3. The property is currently located in a FEMA designated floodway. It is a city goal to remove
structures from the flood zone when presented with the opportunity. This proposal will
achieve that goal.
4. The project presents opportunity to correct flood plain designation which is a practical
difficulty that is unique and an extraordinary circumstance of the property.
5. Both requested variances are unique to the property given lot configuration and flood zone
elevations with impacts that are specific and unique to the site that are not like other similarly
zoned parcels.
6. The proposed project will not alter the essential character of the neighborhood.
Section 3. APPROVAL
NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approve the
Conditional Use for a stem wall with fill pad with variances for a 5.91-foot side yard setback and
22.7% variance for exposed basement exterior wall for a new home at 4208 Philbrook.
Approval is subject to the following conditions:
I. The Construction Plans must be consistent with the proposed survey and plans date stamped
August 15, 2024.
2. Compliance with all the conditions outlined in the City Engineering memo dated September 16,
2024, as follows:
• Administrative exception to the first-floor variance requirement.
• A successful Letter of Map Revision (LOMR) from FEMA, which moves the floodway.
designation off the building pad, and which has been formally adopted by the city.
• Demonstrated no increase or transfer in flood risk to others, certified by a licensed engineer.
• The proposed stem wall must be certified by a licensed structural engineer.
• Permit issued by the Minnehaha Creek Watershed District.
• An Elevation Certificate will be required before issuing a Certificate of Occupancy.
3. Compliance with the tree protection ordinance in coordination with the City Forrester.
RESOLUTION NO. 2024-86
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Adopted by the city council of the City of Edina, Minnesota, on November 6, 2024.
0140
ATTEST:*\10.1,6i4
shal 7;, City Clerk James B. Hovland, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN )SS
CITY OF EDINA
RESOLUTION NO. 2024-86
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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 6, 2024, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of , 2024.
Sharon Allison, City Clerk