Loading...
HomeMy WebLinkAbout2024-08-28 PLAN Packet Meeting location: Edina City Hall Council Chambers 4801 W. 50th St. Edina, MN Planning Commission Meeting Agenda Wednesday, August 28, 2024 Participate in the meeting: Watch the meeting on cable TV or at EdinaMN.gov/LiveMeetings or Facebook.com/EdinaMN. Provide feedback during Community Comment by calling 312-535- 8110. Enter access code 2632 661 6813. Password is 5454. Press *3 on your telephone keypad when you would like to get in the queue to speak. A staff member will unmute you when it is your turn. Accessibility Support: 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 at least 72 hours in advance of the meeting. 1. Call to Order 2. Roll Call 3. Approval of Meeting Agenda 4. Approval of Meeting Minutes 4.1. Minutes: July 24, 2024 5. Community Comment During "Community Comment," the Board/Commission will invite residents to share issues or concerns that are not scheduled for a future public hearing. Items that are on tonight's agenda may not be addressed during Community Comment. 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. 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. 6. Public Hearings 6.1. A 45.8 foot setback variance from Lake Cornelia for a patio at 6612 Cornelia Drive 6.2. Variance request at 4001 Monterey Ave 6.3. Zoning Ordinance Amendment for Cannabis Related Uses 7. Reports/Recommendations Page 1 of 139 7.1. 2025 Planning Commission Work Plan 7.2. Advisory Communication: Future Areas of Potential Change 8. Chair and Member Comments 9. Staff Comments 10. Adjournment Page 2 of 139 BOARD & COMMISSION ITEM REPORT Date: August 28, 2024 Item Activity: Action Meeting: Planning Commission Agenda Number: 4.1 Prepared By: Cary Teague, Community Development Director Item Type: Minutes Department: Community Development Item Title: Minutes: July 24, 2024 Action Requested: Approve July 24, 2024 meeting minutes Information/Background: Minutes from the July 24, 2024 Planning Commission Meeting. Supporting Documentation: 1. July 24, 2024 Meeting Minutes Page 3 of 139 Draft Minutes☒ Approved Minutes☐ Approved Date: ___, 2024 Page 1 of 3 Minutes City Of Edina, Minnesota Planning Commission Edina City Hall Council Chambers July 24, 2024 I. Call To Order Chair Bennett called the meeting to order at 7:00 PM. II. Roll Call Answering the roll call were: Commissioners Alkire, Bornstein, Miranda, Daye, Smith, Hahneman, Felt, Schultze, and Chair Bennett. Staff Present: Cary Teague, Community Development Director, Addison Lewis, Community Development Coordinator, and Liz Olson, Administrative Support Specialist. Absent from the roll call: Commissioner Padilla, and Hu. III. Approval Of Meeting Agenda Commissioner Miranda indicated he would like to postpone Item VII. A. Commission Work Plan Item: Areas of Potential Change to the next meeting. He indicated there was a lot of progress today, in the past 24 hours, but he thought it would be better to have this item presented at the next meeting. Commissioner Alkire moved to approve the July 24, 2024, agenda. Commissioner Felt seconded the motion as amended. Motion carried. IV. Approval Of Meeting Minutes A. Minutes: Planning Commission, July 10, 2024 Commissioner Daye moved to approve the July 10, 2024, meeting minutes. Commissioner Hahneman seconded the motion. Motion carried. V. Community Comment Mr. John Carlson, an Edina resident, addressed the Commission in an article in the SunCurrent paper regarding the Macy’s site. Mr. David Frankel, 4510 Lakeview Drive, addressed the Commission regarding the Edina pedestrian bridge over France Avenue. VI. Public Hearings A. Site Plan Review and Zoning Ordinance Amendment – 7200 France Avenue Page 4 of 139 Draft Minutes☒ Approved Minutes☐ Approved Date: ___, 2024 Page 2 of 3 Director Teague presented the request for a site plan review and zoning ordinance amendment for Orion Investment. Staff recommends approval of the site plan review and zoning ordinance amendment, as requested subject to the findings and conditions listed in the staff report. Staff answered Commission questions. Appearing for the Applicant Mr. Ted Carlson and Mr. Drew Stafford, Orion Investments, Mr. Bob Locken, ESG, Mr. Ari Parrtiz, Afton Park, and Mr. Ed Terhaar, Stantec (via Zoom), gave a presentation and answered questions of the Commission. Public Hearing Ms. Sandy Carlson, 4433 Elsworth Drive, addressed the Commission regarding the transition zone and the Greater Southdale Area guidelines and her disapproval of the height of the proposed building. Ms. Nora Davis, 6921 Southdale Road, addressed the Commission and indicated she was against this development due to the impact on the neighborhood it will have. Ms. David Frankel, 2510 Lakeview Drive, addressed the Commission on the ADA compliance of this development and his disappointment that it was not mentioned in this project proposal. Mr. Ken Oaks, 7305 Cornelia Drive, addressed the Commission regarding traffic in the neighborhood. Commissioner Felt moved to close the public hearing. Commissioner Hahneman seconded the motion. Motion carried. The Commission discussed the site plan review and zoning ordinance amendment and felt the changes were appropriate. Motion Commissioner Hahneman moved that the Planning Commission recommend approval to the City Council of the site plan review and zoning ordinance amendment as outlined in the staff memo subject to the conditions and findings therein. Commissioner Alkire seconded the motion. Motion carried unanimously. Comments by the Commission can be viewed in the official meeting video on the City website. VII. Reports/Recommendations A. Commission Work Plan Item: Areas of Potential Change Postponed to the next Planning Commission meeting. IX. Chair and Member Comments Page 5 of 139 Draft Minutes☒ Approved Minutes☐ Approved Date: ___, 2024 Page 3 of 3 Received. X. Staff Comments Received. XI. Adjournment Commissioner Felt moved to adjourn the July 24, 2024, Meeting of the Edina Planning Commission at 10:47 PM. Commissioner Hahneman seconded the motion. Motion carried. Page 6 of 139 BOARD & COMMISSION ITEM REPORT Date: August 28, 2024 Item Activity: Action Meeting: Planning Commission Agenda Number: 6.1 Prepared By: Kris Aaker, Assistant City Planner Item Type: Public Hearing Department: Community Development Item Title: A 45.8 foot setback variance from Lake Cornelia for a patio at 6612 Cornelia Drive Action Requested: Deny the setback variance request based on findings in the staff report. Information/Background: In 2018 a variance was granted at 6612 Cornelia Drive for a teardown-rebuild home in approximately the same location as the previous home was located, (53 ft from the Lake). The same owners are proposing a rear yard patio with a request for a 45.8 ft setback variance from the 75 ft requirement from the OHWE of Lake Cornelia to locate the patio 29.2 ft from the lake. Better Together Edina Public Input: Supporting Documentation: 1. 6612 Cornelia Drive SR 2. Engineering Memo from Ross Bintner 3. Site location 4. Applicant Narrative. 5. Rasley Residence Supplemental Information as Requested 6. Surveys, Plans, and Photos. Page 7 of 139 The subject 12,041 square foot lot is located immediately adjacent to single family homes and backs up to Lake Cornelia. The required setback from Lake Cornelia is 75 ft from the Ordinary High-Water Elevation. The new home received a variance in 2018 from the basement requirement to build on slab above the designated flood elevation and a 21.9-foot setback variance from the OHWE of Lake Cornelia to position the new home in approximately the same location as the original home. The property currently consists of a newly built, two-story home with a two-car attached garage that has been elevated out of flood zone. The applicant is requesting a 45.8 ft setback variance from the 75 ft Lake setback requirement to locate a patio 29.2 ft from Lake Cornelia. All improvements with exception of sidewalks and retaining walls, are subjected to the required lake setback. It should be noted that prior to 1992, the required setback from Lake Cornelia was 25 ft. Most, if not all the homes surrounding the lake were built prior to the ordinance change tripling setback with many homes on the east side nonconforming given setback change. In 1992, the Minnesota Department of Natural Resources mandated increased setbacks ranging from 50-75 ft depending upon the classification of the water body. Lake Cornelia was classified for the more protective setback of 75 ft. A few related items of note include: •The original 1950’s home with improvements on the property did not include a deck or patio behind the house. The proposed patio is a new encroachment on the property that will reduce a nonconforming setback to the lake. The ask is no longer to maintain an existing nonconforming setback, it is to reduce setback for a structure to be located closer to the lake than existed previously. •In the early 1990’s, the DNR mandated statewide changes to setbacks from water bodies with all setbacks increasing for the purpose of protecting shorelines from future improvements. Most of the homes backing up to the lake were built in the 1950’s with August 28, 2024 PLANNING COMMISSION Kris Aaker, Assistant City Planner B-24-06, a 45.8 ft setback variance from the 75 ft Lake setback requirement to locate a patio 29.2 ft from Lake Cornelia, at 6612 Cornelia Drive. Information / Background: Page 8 of 139 STAFF REPORT Page 2 many homes and other back yard improvements becoming nonconforming given the increase in setback. •A patio was installed in the rear yard immediately after the new home was completed. City staff ordered the removal of the patio upon Engineering’s final inspection that was based on the approved grading plan for the new home which did not include a patio and that was not part of the setback variance request for the new home location. The homeowners are now requesting a variance for a new patio design. Surrounding Land Uses Northerly: Single Unit residential homes zoned R-1 and guided low-density residential Easterly: Single Unit residential homes; zoned R-1 and guided low-density residential. Southerly: Lake Cornelia; zoned R-1 and guided low-density residential. Westerly: Single Unit residential homes; zoned R-1 and guided low-density residential. Existing Site Features The subject property was built in 2018 and complies with all zoning requirements with exception of the 75 ft setback from Lake Cornelia. The lot is 12,041 square feet and is located on the east side of Lake Cornelia. The existing house is oriented towards Cornelia Drive and has a two-car attached garage. The city’s Forrester will conduct a full review of the tree plan at the time of a building permit application. Planning Guide Plan designation: Low Density Residential Zoning: R-1, Single Dwelling Unit District Grading & Drainage The Environmental Engineer has reviewed the application and submitted comments as attached in their memorandum. Page 9 of 139 STAFF REPORT Page 3 Compliance Table City Standard Proposed Front Yard – Cornelia Dr Rear Yard-Lake Cornelia Southeast Side – Side Yard Northwest Side – Side Street 34.15 feet 75 feet 10 feet 10 feet 34.15 feet 29.2 feet* Patio 11.2 feet 10.3 feet Building Height 38.813 feet 38.797 feet Building Coverage Lots greater than 9,000sf Impervious surface coverage 25% 50% 21.4% 43.6% First Floor Elevation 870.8 870.40 *Requires a variance PRIMARY ISSUES & STAFF RECOMENDATION Primary Issue •Is the proposed variance justified? No, staff does not believe the requested variance is justified. Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively to grant a variance. The proposed variance will/will not: 1.The variance would be in harmony with the general purposes and intent of the ordinance. The proposed use is permitted in the R-1 Single Dwelling Unit District and complies with zoning standards, with exception of the setback proposed from Lake Cornelia. The reason for the variance request is due to the proposed setback requirement from Lake Cornelia that bisects the property requiring a variance to rebuild anything closer to Lake Cornelia than 75 ft. There is no opportunity for a compliant solution. The purpose of the ordinance is to provide adequate distance from a water body to a structure. A variance was granted to rebuild the home with the same lake setback as the previous home. The current request is to Page 10 of 139 STAFF REPORT Page 4 reduce setback to the lake for a patio improvement that will be closer than any improvement that has occupied the property. A reduction in a nonconforming setback is not in harmony with the intent of the ordinance. Criteria not met. 2.The variance would be consistent with the Comprehensive Plan. The Comprehensive Plan guides the property for Low Density Residential Use. The principal use of the property would still be as a single-family home and the property would remain zoned R- Criteria met. 3.There are practical difficulties in complying with the ordinance. The term “practical difficulties” means the following: i.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without a variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable. “Practical difficulties” may include functional and aesthetic concerns. The property has been rebuilt in the same location as the previous home. The new home was required to meet today’s zoning requirements, including the 75 ft setback requirement, therefore a variance was requested and approved. There are many homes on the east side of Lake Cornelia built prior to the 75 ft setback change from the OHWE that are in similar nonconforming circumstances. Most east side homes have some level of nonconformity including decks and patios. The DNR mandated change in setback was to provide more distance from improvements to all shorelines in a move towards providing more protection than in the past. The new patio proposal, (where no patio existed in the past), conflicts with DNR policy for increased protection. The property currently has reasonable use with a new home. Criteria not met. ii.The plight of the landowner is due to circumstances unique to the property not created by the landowner. Staff does not find there to be anything unique to the property. The property was redeveloped with a design preferred by the owner that did not include a patio. There are many properties in the vicinity having similar nonconforming setbacks to the lake. Criteria not met. iii.The variance, if granted, will not alter the essential character of the locality. The improvement will be 29.2 ft from the lake edge. Granting the variance may alter the character of the neighborhood. Although there are other properties that encroach into the 75-foot setback, the proposal is for a new obstruction on the property closer to the lake than any previous improvements. Allowing a variance to locate an improvement closer than ever before on the lot may set a precedence given other properties along the Cornelia shoreline require the same setback and would need variances for improvements as well. Criteria not met. Page 11 of 139 STAFF REPORT Page 5 Optional Actions A case can be made for approval and denial of this project. Below provides options for the Planning Commission to consider: Denial Deny the request for a 45.8 ft setback variance from the 75 ft Lake setback requirement to locate a patio 29.2 ft from Lake Cornelia, at 6612 Cornelia Drive. Denial is based on the following findings: 1. The proposal does not meet the standards for variance with no circumstances unique and specific to the lot. Most homes on the east side of the lake are also nonconforming to the lake setback. 2. Due to the proposed reduction in setback the patio conflicts with goals and policy to increase protection of shoreline. 3. The property owners situation is not unique with other properties around Lake Cornelia with the same circumstances that would require similar variances for improvements towards the shoreline. Approval Approve the request for a 45.8 ft setback variance from the 75 ft Lake setback requirement to locate a patio 29.2 ft from Lake Cornelia, at 6612 Cornelia Drive Approval is based on the following findings: 1. The practical difficulty is caused by the exiting 75 ft setback required from Lake Cornelia. The setback was changed in 1992 from 25 – 75 ft requiring variances for nearly all improvements for many homes adjacent to the lake. 2. A unique circumstance includes the shallow lot depth as compared with nearby lake properties, so there is less opportunity for improvements on the subject property. 3. The proposal would not alter the essential character of the neighborhood. A patio at ground level will not be seen from the lake. There are other homes around Lake Cornelia with improvements in the rear yard closer than 75 ft. Approval is subject to the following conditions: 1. Subject to plans and survey date stamped July 9, 2024. 2. Subject to compliance with the Engineering memo dated July 9, 2024. 3. Subject to Engineering staff’s memo dated July 30, 2024. Staff Recommendation Staff cannot support the request given the property has been rebuilt in the same location as the previous home and has already been given relief from current setback requirements. Previous improvements on the property in the rear yard did not include a patio or deck. The request is to decrease setback from the lake on the property and have a structure closer than any previous improvement to Cornelia. The 1992 DNR mandated change in setback is to provide more distance for improvements from shoreline in order to Page 12 of 139 STAFF REPORT Page 6 provide more protection as development takes place than in the past. The proposal conflicts with the goal and policy for increased protections on shoreland property. The property has had an unimproved rear yard since original construction in the 1950’s. Staff recommends denial of the variance request. Deadline for a City decision: November 23, 2024. Page 13 of 139 DATE: 7/30/2024 TO: Liz Olson – Administrative Support Specialist FROM: Ross Bintner, PE – Engineering Services Manager RE: 6612 Cornelia Dr - Variance Review The Engineering Department has reviewed the subject property for street and utility concerns, grading, stormwater, erosion and sediment control and for general adherence to the relevant ordinance sections. This review was performed at the request of the Administrative Department. Plans reviewed included planning application packet submitted/stamped 7/9/2024. Summary of Work The applicant proposes to construct a patio. The request is for a variance is for setback requirements. Easements There is an easement for a storm line on the southeast property line. It is not affected by this application. Grading and Drainage Site drains directly to Lake Cornelia. The patio adds approximately 467 square feet of new impervious area. It does not appear that any additional impervious will drain to private property. Stormwater Mitigation The project increases the impervious surfaces by ~467sf and drains to a regional flooding area. Stormwater mitigation is required per building policy SP-003-E as it meets the following 3 conditions of a category 2 permit; 1. Fill on a property with regional flooding issues on the property 2. A site that proposes to modify an active grading permit, or permanent facility 3. The continuation, addition or modification of previously permitted activities from the last five years, that when reviewed as a whole would trigger one or more of the above requirements. If variance is approved, applicant must apply for a grading permit if no other permit is required. Floodplain Development The patio is proposed in the regional flood area. Verification of no net fill and an as-built survey is required. Erosion and Sediment Control An erosion and sediment control plan will be required. Street and Driveway Entrance N.A. Public Utilities N.A. Miscellaneous An updated Nine Mile Creek Watershed District permit is required or documentation that one is not required. Page 14 of 139 © WSB & Associates 2013 Legend Parcels August 21, 2024 Map Powered By DataFi / 1 in = 106 ft Page 15 of 139 Application for Variance 7-8-2024 Rasley Residence 6612 Cornelia Drive Edina, MN We request accommodation for a patio on the lakeside of our home. We have learned that a patio needs to be 50' from the lake, however we are unable to comply with that as our house is situated approximately 50 feet from the lake. Our only option is to request a variance. The practical difficulty we face in having a backyard patio is the proximity of Cornelia Drive to the lake at our location. In the context of approximately 40 other lots on the lake, our lot depth (distance between the street and the water) is short. When our home building process started in 2018, the project needed a variance due to the lot configuration and size. In hindsight, we could have requested the patio variance at that time, however we were not aware that it was necessary. We were able to meet all variance requirements during the home building process, and this property has now been designated by FEMA as out of the flood plain. We have invested time, money and effort over the last two years to meet the requirements of the planning division and FEMA. The requirements called for holding rainwater runoff and meeting the height requirement for the yard. The survey shows the underground rock area, or "infiltration trench," as approved by Edina. We are prepared to accommodate any additional rain runoff from a patio as required. The two ash trees in the backyard are shown on the survey. As to the question of space around the trees, the rain garden was approved by the planning division in 2022, which includes the infiltration trench located 10' from the nearest tree. A patio would be significantly farther away, at 18 feet. We reviewed the Hennepin County Property Map website for this area, and other neighbors have patios that seem to be in the range of 30' to 40' from the lake. We cannot be sure of the exact distances. Our understanding is that these patios are grandfathered in. A patio at ground level will not be seen from the lake. This is also in character with other homes in the neighborhood, most of which have lakeside patios. We appreciate the care that Edina planning division has taken to preserve the natural character of Lake Cornelia and its surroundings. The patio we are proposing will not negatively affect the character of the lake and neighborhood. Thank you for your consideration. Planning Division 7/9/2024 SubmittedPage 16 of 139 Rasley Residence 6612 Cornelia Drive Edina, MN Supplemental Information as Requested 7-26-2024 In 2018 a variance was granted to allow our home to be built in approximately the same location as the previous home from Lake Cornelia, (approximately 53 ft from the Lake) for a variance request of 21.9 from the 75 ft setback required from Lake Cornelia. The proposed patio request is a 45.8 ft setback variance from the 75 ft requirement to locate the patio 29.2 ft from the lake. The Proposed Variance will: Relieve practical difficulties in complying with the zoning ordinance and the use is reasonable. Yes The practical difficulty we face in having a backyard patio is the proximity of Cornelia Drive to the lake at our location. In the context of approximately 40 other lots on the lake, our lot depth (distance between the street and the water) is short. On the Hennepin County website it appears there may be only two or three lots that are possibly shorter—on the entire lake. When our home building process started in 2018, the project needed a variance due to the lot configuration and size. We were not aware that it was necessary to request a patio variance to be added to the building permit for the home. The proposed patio set flush with grade and barely visible from the lake is a reasonable use of the property and is commonplace for properties on Lake Cornelia. Correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. Yes Since our property (along with some of our immediate neighbors) has one of the shortest distances from Cornelia Drive to the lake and since our home is relatively new we are faced with a patio setback which prevents any patio without a variance approval. However, others along the lakeshore have patios and decks which also would need a variance if those patios and decks were proposed at this time. These decks and patios are allowable because they are grandfathered in (apparently built before the current ordinances). It was always our intent to have a lakeside patio when we purchased the original home on this lot and also when we built our new home. We certainly would have applied for Page 17 of 139 a variance for a patio at the same time as for the new home had we known that the City was asking for that. Be in harmony with the general purposes and intent of the zoning ordinance Yes The proposed patio would have no appreciable visual impact from as seen from the lake or from neighboring properties. Since it is proposed to be at the level of the lawn it would be difficult to see from the lake. Not alter the essential character of the neighborhood Yes It is common to see decks and patio areas along the shore of Lake Cornelia. We have also extensive planting around our lakeside rain garden. This further enhances the view of our yard from the lake and adjacent properties. Some Additional Comments We have always worked very closely with the City and with FEMA for our design plans and especially the back yard due to flood plain concerns. We have always followed as we were directed. Had we known we needed to apply for a patio variance at the time of home approval we would have done so. Regarding the patio installed in 2019 we had relied on our landscaping company to obtain any permits necessary. It was never mentioned to us that a variance would be required. When the City said the patio should be taken out it was removed immediately and lawn restored. Of course this was surprising news to us since virtually all of our neighbors have a lakeside patio. We did not believe we needed a variance for a patio. We were able to meet all variance requirements during the home building process, and this property has now been designated by FEMA as out of the flood plain. We have invested time, money and effort over the last two years to meet the requirements of the Planning division and FEMA. The requirements called for holding rainwater runoff and meeting the height requirement for the yard. The survey shows the underground rock area, or “infiltration trench,” as approved by Edina. We are prepared to accommodate any additional rain runoff from a patio as required. Regarding the tree ordinance two ash trees on the lakeside are shown on the survey. As to the question of space around the trees, the rain garden was approved by the planning division in 2022, which includes the infiltration trench located 10’ from the nearest tree. A patio would be significantly farther away, at 18 feet. Page 18 of 139 We appreciate the care that Edina planning division has taken to preserve the natural character of Lake Cornelia and its surroundings. The patio we are proposing will not negatively affect the character of the lake and neighborhood. Thank you for your consideration. Page 19 of 139 Existing FFE= 870.8 Proposed FFE= 870.05 868.7 Sill Plate= 0.25 Floor Truss= 1.0 Subfloors 0.0625 Total 870.0125 PTOF= I * City of Edin Eltn_RoI/RTJAircadc 00,011/1Re 11.4,,m6 4.4 It Wile ITTIR LEGAL DESCRIPTION: Lot 3, Block I, Soulhdate First Addition, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating building coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 7. This survey has been completed without the benefit of a current title commitment. There may be existing casements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. 8. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. STANDARD SYMBOLS & CONVENTIONS: "•" Denotes iron survey marker, found, sinless otherwise noted. LEGEND Z17:5771,0 CONTOUR 5,17STINO SPOT AZ6WITION X 962.5 EXIST/NG BUILDING COVERAGE HOUSE 2,320 SO. FT. AREA OF LOT 12,041 SO. FT. LOT COVERAGE 19.3% EATSTINO COM'OUR 4788 P17.41M406 AKRON' — mar PROPOSED BUILDING COVERAGE SILT FENCE/27W BOLL — SF — HOUSE 2,572 SO. FT. PROMT ,EA7R7WC 72W AREA OF LOT 12,041 SO. FT. • Mama GOLIVE cam FENCE LOT COVERAGE 21.4% CLIENT/JOB ADDRESS ADDED TOP OF FOOTING ELEVATION MA PETERSON 6612 CORNELIA DRIVE EDINA, MN Advance Surveying & Engineering, Co. 11911 Mrmey NO. 55545 /11.019321470.01 WO' www. Rantscorn I MEN awry IRO MS RAIT 511MICATON CR 'LRCM IPS HOMO Rte 0111901 111. OCT 9.1.1001. TOT I NI A CELT OXIO91.. VE CF VAX CF 2716 LC06E10 APRIL 23, 2017 DATESURVEYED, JUNE 6, 2017 SURVEYED BY, ADVANCED SURV. SENGINEERING,CO. DATE DRAFTED: APRIL 23, 2017 SHEET TITLE SHEET SIZE 17 X 22 PROPOSED SURVEY, STORMWATER MANAGEMENT & TREE PRESERVATION PLAN 4.4704„. 44 *4,4,4 17,y, lab N ,, I c .. ,,,i, ./ ie I, :-..,...,/,. i q ?,..+ , - / - , ,..'`' ---, -I. 4{, 1-,0- '--i".---4,-•, r - - - 1 ,,,'"-<,%< , , g ,/ / wast/ • 'i # S PRO/ECT NEE -.7 INSTALL SILT fENCE/INO ROLL-, REI1011- TREE-s\ .3?4, BOULDER OUTCROP ANO--,-, LAIVOSCAPING AREA. % 4 , 0 J X 962;9> REMOYE FLOOD PLAIN VOLUME MITIGATION REQUIREMENT RETAIN EXISTING STORAGE VOLUME BELOW ELEVATION 863.5. EXISTING FLOOD PLAIN VOLUME FILLED BY PROPOSED GRADING 140 CUBIC FEET 044, 4> C1 N /-INSTALL SILT ' FENCE/RIO ROLL PROTECT TREE ----------- N 7 >r• MALL-, SET ITIVCC • 01 ® 65 9 66 e FIFECHMARK. TOP NUT HYDRANT* ELEV.=868.75 `-PROIECT TREE (2) ;,a`'-RE710{E TREE, • If necessary, vehicles, that have mud on their wheels, shall be cl exiting the site in the rock entrance areas. • Moisture shall be applied to disturbed areas to control dust as nee • Portable toilet facilities shall be placed on site for use by workers properly maintained. DURING CONSTRUCTION: • When dirt stockpiles have been created, a double row of sill fence shall be placed to prevent escape of sediment laden mnoff and if the piles or other disturbed areas are to remain in place for mom than 14 days, they shall be seeded with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch. • A dumpster shall be placed on the site for prompt disposal of constructiondebris. These dunmsters shall be serviced regularly to prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes from the site shall in accordancewith Minnesota Pollution Control Agency requirements. • A separate container shall be placed for disposal of hazardous waste. Hazardous wastes shall be disposed of in accordancewith MPCA requirements. • Concrete truck washout shall be in the plastic lined ditch and dispose of washings as solid waste. • Sediment control devices shall be regularly inspected and afire major rainfall events and shall be cleaned and repaired as necessary to provide downstream protection. • Streets mod other public ways shall be inspected doily and if litter or soils has been deposited it shell promptly be removed. DATE 7-3-111 7-19-16 AROUND 7142L7 TO PROTECT) • PROPOSED VOLUME CREATED FOR FLOOD PLAIN VOLUME MITIGATION = 147 CUBIC FEET GRADING & EROSION CONTROL NOTES: BEFORE DEMOLITION AND GRADING BEGIN • Install silt fence/bio roll around the perimeter of the constmctionarea. • Sediment control measures must remain in place until final stabilization has been established and then shall be removed. Sediment controls may be removed to accommodateshort term constructionactivitybut must be replaced before the next rain. • A temporary rock constructionentrance shall be established at each accesspoint to the site and a 6 inch layer of I to 2 inch rock extending at least 50 feet from the street into the site and shall be underlain with permeable geotextile fabric. The entrance shall be maintained during constructionby top dressing or washing to prevent tracking or flow of sediments onto public streets, walks or alleys. Potential entrances that are not so protected shall be closed by fencing to prevent unprotected exit from the site. • If it becomes necessary to pump the excavation during constniction,pump discharge skull be into the stockpile areas so that the double silt fence nround these areas can filter the water before it leaves the site. • Temporary erosion control shall be installed no later Than 14 days alter the site is first disturbed and shall consist of broadcast seeding with Minnesota Department of Transjartation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch. SITE WORK COMPLETION: • When final gmding has been completed but before placement of seed or sod an "as built" survey shall be done per Edina requirements to insure that grading was properly done. • When any remedial grading has been completed, sod or seeding shall be completed including any erosion control bIrmkets for steep areas. • When turf is established, silt fence and inlet protection and other erosion control devices shall be disposed of and adjacent streets, alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant and clean. PROPOSED ELEVATIONS FIRST FLOOR = 870.05 CRAWL SPACE SLAB = 865.60 TOP OF FOOTING = 868.70 (EXISTING FIRST FLOOR = 870.80) yc MNOORIENTARON SCALE 0 20' 40' SHEET NO. S1 SHEET I OF 1 DRAIVINO NUMBER 170764 JR REVISION DESCRIPTION PROPOSED GRADING Planning Division 7/9/2024 SubmittedPage 20 of 139 Itx./X222R'j61.5' Os \-72PFReVIRSISOE OF IRENZW & STAKE VOW Ell-RV 2' /S SER PANR/C LINED TRENCH ,--4ECETAI7ON(CRASV I-3" OF /./1,' 5 NASREO ROCK AM SAL K461-0 , I CLEAN TCY,Saz "t000' I 220' SCAR/FY /2' BELOW-, 1''-/NY--859.0 ROCK ...SrClieW • 34 .1 Pt SIM 1.0 9.1.101 LuiS LEGAL DESCRIPTION: Lot 3, Block 1, Soudidale First Addition, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such os easements, that you wish to be included on the survey have been shown, 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the comers of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating building coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they am correctly shown before proceeding with construction. 6. Showing elevations on tire site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature straws on the survey when determining other elevations for use on this site or before beginning construction. 7. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. STANDARD SYMBOLS & CONVENTIONS: "•" Denotes iron survey marker, found, unless otherwise noted. 661,2, -.4f7 -Tx NO SCALE INFILTRATION TRENCH SECTION DETAIL 00 pOry fiflICUYARN; „„ TOP NUT HYDRANT* ELEV.-B613.75 SND PROPOSED PA710*-- ....... 'PARD SURFACE 70 FOLLOW EXISIIND GRADES NO Fa IS PROPOSED WNW FIO.XPLAW ELEVAnDY MI6 AYSTALL SET f7DKE/I710 ROIL ASA (UNDERMOUN0 Root STORAGE 0500207DYS AS-BIALT-- AS-SUPT NalRATION/WIENnON AREA....... x 22' WOE X 22' LONG) EM-601.1(( (SEE DETAIL) REQUIRE° SIORAW 70 pR080E - 484 cr AR)C4P4,4, PROKOED SIORAGE AT SURFACE - 2/7 CF PRO0070 sroRAGE UNDERGROUND 290 CF TOTAL PRO170E0 sroRAcr - 527 Cr EXISTING BUILDING COVERAGE HOUSE 2,672 SO. FT. MEA OF LOT 12,041 SO. FT. LOT COVERAGE 21.44 EXISTIM HARDCOVER HOUSE CONCRETE DRIVEWAY PAVER DRIVEWAY STOOPS,WALKS,STEPS TOTAL HARDCOVER AREA OF LOT LOT COVERAGE 2,672 SO. FT. 1,203 SO. FT. 821 SO. FT. 387 SO. FT. 4,793 SO. FT. 12,041 SO. FT. 19.64 PROPOSED HARDCOVER HOUSE CONCRETE DRIVEWAY PAVER DRIVEWAY STOOPS,WALKS,STEPS REM PATIO TOTAL HARDCOVER AREA OF LOT LOT COVERAGE 2,672 SO. FT. 1,203 SO. FT. 621 SO. FT. 397 SO. FT. 487 SO. FT. 6,280 SO. FT. 12,041 SO. FT. 43.64 0 4 OF (Po, 47,3 No co/usrteu Orion) Nteiti< no-ELS Dow PENISTPI DESOPPIIVI DATE MOM: JUNE It, 2024 CLIENT000ADO0E5S MA PETERSON 6612 CORNELIA DR. EDINA, MN Advance Surveying & EngIneeting, Co. lik,,ty..7 Itre.rtuultre... Prore(M11714.1 teemaielv.u.ara SMETTITLE PROPOSED SURVEY MEET 512P; 1T 022 DRAMOIMMBEIT 290766 JR porn ORIENTATIotl SCALE DATE SOPVETECT AUGUST 27, 2023 sonar NO S1 SKEET 'Of 1 Planning Division 7/9/2024 SubmittedPage 21 of 139 LEGAL DESCRIPTION: Lot 3, Block 1, Southdale First Addition, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include detemuning what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating building coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and cheek at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 7. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. STANDARD SYMBOLS & CONVENTIONS: "•" Denotes iron survey marker, found, unless otherwise noted. ,,, WA NA /0,1 .6.2:5 4* 4._ 9665 cO LT: ‘, E EVNH. 281F85.92 fkjsVHC Distzt4y0 UNCHMARK: TOP NUT HYDRANT.* ELEV....868.75 %8626 Az, ZO / t, AS—BUILT ELEVATION ENTRANCE ELEV. = 870.40 GARAGE FLOOR ELEV. = 868.1 PROPOSFO ADDITION ELEVATION FIRST FLOOR = 870.05 (EXISTING FIRST FLOOR = 870.80) AS-BUILT BUILDING COVERAGE HOUSE 2,572 SO. FT. AREA OF LOT 12,041 SO. FT. LOT COVERAGE 21.4% PROPOSED BUILDING COVERAGE HOUSE 2,572 SO. FT. AREA OF LOT 12,041 SO. FT. LOT COVERAGE 21.4% '44 e.S:c S; 4 (kw_ C.0,4, e 4114% 'es46. (Po? 8.? fr/e:a7 /03 -- e‘/, (4), - kJ-4 € i/o .,d/e-,ZefL7 DATE RENNON DESCRIPSON 6612 CORNELIA DR. EDINA, MN Advance Surveying .1 Eng/naming, Co. 11917NoNNAVO, AtorMANA Mmes. 55345 PMv(5621474-7864 Weer owooWortont I NNW CLAM MN US RNA 51440 CO NOM NS RENA VILE 04 NW NI GEM APIANSIN NO MN I NIA OAT RIOSONIO LAO 505050 IOW 1AE LOB Ile NNE Or DATE SURVEYED: AUGUST 13, 2019 DATE DRAFTED: AUGUST 15, 2019 SHEET TITLE FINAL AS-BUILT SNEETSGE-17022 DRAWWGNUMBER 191068 TS ASB DWG OR ENTATION SCALE CLIENTMOBADDRESS MA PETERSON SHEET NO. S1 SHEET I OF Planning Division 7/9/2024 SubmittedPage 22 of 139 N N DATE SURVEYED: SHEET TITLE AUGUST 27, 2023 S1 SHEET NO. SHEET 1 OF 1 Advance Surveying & Engineering Co, 17917 Highway No. 7 Minnetonka, Minnesota 55345 Phone (952)474-7964 Web: www.advsur.corn I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. Wayne W. Preu #43503 LICENSE NO. JUNE 19, 2024 DATE DATE DRAFTED: JUNE 19, 2024 DRAWING NUMBER PROPOSED SURVEY 240756 JR SHEET SIZE: 17 X 22 1' 9 0 N *PA 170 SURFACE TO FOLLOW EX/S77NG GRADES. NO FILL IS PROPOSED W777-IIN FLOODPLAIN ELEVA770N 03 6 44/ OO V•• <0. INSTALL S/LT _________ V- AD FENCE/I310 ROLL Iq"AS14 EXISTING CONC. PAVERS ------ ,\`,/ \ „:.., 10....9 \ . \ / / , 0, , 0, e'? \ , . •::, b -',: . •z9 q3, e/\ t'(:(?' ..6, 4--k7,37.. //vo 04,4.. 44/4/0 3 PROPOSED PA TIO* BENCHMARK: TOP NUT HYDRANT ELEV.=868.75 -BUILT INFILTRATION/RETENRON AREA ?GROUND ROCK STORAGE DIMENSIONS 1.5' DEEP X 22' WIDE X 22' LONG) (SEE DETAIL) ?ED STORAGE TO PROVIDE = 484 CF ED STORAGE AT SURFACE = 2.37 CF STORAGE UNDERGROUND = 290 CF VTAL PROVIDED STORAGE = 527 CF AS-BUILT .> 6 EOF=861.3 N 77 /1/4- Ckes) /44 ) (5163 6 PE?? op it N o CON s Tit u e"))1 (-Jo K.K. t.te_Are... S IT/JOB ADDRESS MA PETERSON 6612 CORNELIA DR. EDINA, MN Planning Division 7/9/2024 SubmittedPage 23 of 139 I- VEGETA 770N (CRASS) 1/1" WASHED ROCK / 1-3" AWN. SAL VAGED CLEAN TOPSOIL '1W01 ...))_ rmc INY=860.5--% 1 1/2" WASHED ROCK OkERLAP FABRIC 12" ON E/77/ER SIDE OF TRENCH & STAKE 00H1V EVERY 2' FIL 7ER FABRIC ' LINED TRENCH EXIS17NG PAVERS ---- N C7 " STANDARD SYMBOLS & CONVENTIONS: "0" Denotes iron survey marker, found, unless otherwise noted. EXISTING BUILDING COVERAGE HOUSE 2,572 SQ. FT. AREA OF LOT 12,041 SO. FT. LOT COVERAGE 21.4% EXISTING HARDCOVER HOUSE 2,572 SQ. FT. CONCRETE DRIVEWAY 1,203 SO. FT. PAVER DRIVEWAY 621 SQ. FT. STOOPS,WALKS,STEPS 397 SQ. FT. TOTAL HARDCOVER 4,793 SQ. FT. AREA OF LOT 12,041 SQ. FT. LOT COVERAGE 39.8% PROPOSED HARDCOVER HOUSE 2,672 SO. FT. CONCRETE DRIVEWAY 1,203 SQ. FT. PAVER DRIVEWAY 621 SQ. FT. STOOPS,WALKS,STEPS 397 SO, FT. REAR PATIO 467 SO. FT. TOTAL HARDCOVER 5,260 SO. FT. AREA OF LOT 12,041 SQ. FT. LOT COVERAGE 43.6% SHEET TITLE PROPOSED SURVEY SHEET SIZE' 17 X 22 DRAWING NUMBER 240756 JR SHEET NO. S1 SHEET I OF I DATE SURVEYED: AUGUST 27, 2023 DATE DRAFTED: JUNE 19, 2024 LEGAL DESCRIPTION: Lot 3, Block 1, Southdale First Addition, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: I. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating building coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they arc correctly shown before proceeding with construction. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction, 7. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. "P.4 770 SURFACE ID FOLLOW DOSING GRADES NO FILL IS PROPOSED HININ ELOOOPLMY ELEVATION dna AS—BUILT EOF=861.3 N , 1.2 (44- '4E) '°,k1.74 4* Co)) S 10.97 4"f Exisnivo ---SOLID CONCRETE DRIVEWAY-- )230.944, Ofr e/ Qw 4 / N NO SCALE INFILTRATION TRENCH SECTION DETAIL / 22.0' , SCARIFY 12" RECON-' - IN 1,"=85.9. 0 ROCK SEC//ON NtIAMANHOI F ELEVE165.92 041,4. 20 RFNCHMARK. TOP NUT HYDRANT ELEV.=866.75 E.,, 4v0 WQ-LiNG, PROPOSED ...... 00 0) .0 fry ry INSTALL SILT FENCE/E40 ROLL 11" Xs1-4 AS-BUILT INf7LTRATION/RETENTTON AREA (UNDERGROUND ROCK STORAGE DIMENSIONS = 1.5' DEEP X 22' WOE X 22' LONG) (SEE DETAIL) REQUIRED STORAGE TO PROVIDE = 484 CF FRONDED STORAGE AT SURFACE = 237 Cr PROVIDED STORAGE UNDERGROUND = 290 CF TOTAL FRONDED STORAGE = 527 Cr IUo coUSTKU CriON CAZAK... AJEA14 TAELS DATE REVISION DESCRIPTION DWG ORIENTATION SCALE CLIENT/JOB ADDRESS Advance MA PETERSON Surveying & Engineering, Co. 6612 CORNELIA DR. 0 10 20 EDINA, MN 17917 Highway No. 7 Minnetonka, Minnesota 65346 Phone (962) 474-7964 Web: assiw.advsor.com I HEREBY CERT/11AT us KAM. SAMS Eft REPORT WAS PREPARED BY LE OR UNDER WY [SECT SUPERSISEN NE THAT I AM A PAN FUMED LAM SURW-YOR UNDER 1TE LAW OF BE STATE OF TA. ••••-C.• Wayne w. P #43503 UOINSENO JUNE 19, 2024 DATE Planning Division 7/9/2024 SubmittedPage 24 of 139 2,572 SQ. FT. 12,041 SO. FT. 21.4% EXISTING BUILDING COVERAGE HOUSE AREA OF LOT LOT COVERAGE TOTAL HARDCOVER AREA OF LOT LOT COVERAGE 4,793 SQ. FT. 12,041 SO. FT. 39.8% PROPOSED HARDCOVER HOUSE 2,572 SO. CONCRETE DRIVEWAY 1,203 SO. PAVER DRIVEWAY 621 SO. STOOPS,WALKS,STEPS 397 SO. REAR PATIO 467 SO. FT. FT. FT. FT. FT. 5,260 SO. FT. 12,041 SQ. FT. 43.8% TOTAL HARDCOVER AREA OF LOT LOT COVERAGE WASION DESCRIPTION SHEET TITLE PROPOSED SURVEY SHEET SIZE: 17 X 22 DRAWING NUMBER 240756 JR 17917110.ns No.7 Minnston,A, Minnesota 65346 Phone 19621474.7964 Web: wrewadysoy tom DATE DWG ORIENTATION SCALE N 5 IW 25 CLIENT/JOB ADDRESS MA PETERSON 6612 CORNELIA DR, EDINA, MN SHEET NO S1 SHEET I OF 1 LEGAL DESCRIPTION: Lot 3, Block 1, Southdale First Addition, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1, Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating building coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they arc correctly shown before proceeding with construction. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 7. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. VA170 SURFACE 1D FOLLOW DIVING GRADES NO RLL IS PROPOSED WHIN FLOODPLAIN ELEVATION MU o (0 1," INSTALL SILT FENCE/E40 ROLL /..sm PROPOSED PA710*--- ..... FA7s774,0 0 IVeLLING, AS-BUILT- --' EOF=851.3 Ai , T ... tid 04,4, ef4p 44) 4147e-eide ,3.6 - (Po i 00}, s 6.0 Exismoi --SOLID CONCRERFDRAEOAr-- NN‘k/r-'• 1097 44 E. INFILTRATION TRENCH SECTION DETAIL NO SCALE MANHOI ELEV...865.92 BENCHMARK: TOP NUT HYDRANT); ELEV.=1368.75 AS-BUILT INAL1RA110N/RE1ENNON AREA (UNDERGROUND ROCK STORAGE DIMEN570NS = 1.5' DEEP X 22' HIDE X 22' LONG) (SEE DETAIL) REQUIRED STORAGE TO FRONDE = 484 CF PROVIDED STORAGE AT SURFACE = 237 CF FRONDED STORAGE UNDERGROUND = 290 CF TOTAL FRONDED STORAGE = 527 Cr _tv O c*Itisr-Aucnoxi ,t 4,C 71Ce-zs STANDARD SYMBOLS & CONVENTIONS: "•" Denotes iron survey marker, found, unless otherwise noted. EXISTING HARDCOVER HOUSE 2,572 SQ. FT. CONCRETE DRIVEWAY 1,203 SQ. FT. PAVER DRIVEWAY 621 SO. FT. STOOPS,WALKS,STEPS 397 SQ. FT. frEOETA770N (GRASS) / I-3" OF IA(' I HASHED ROCK I MN SALVAGED CLEAN TOPSOIL pis*- - w.NK'' • sv • /NY-8505—, OkERLAR FABR/C `-72" ON E/77/ER SIDE OF TRENCH cf- STAKE DO/IN EvERr 2' FIL TER FADR/C LINED IRENCH / 22.0", SCARIFY 12° DEL OW—/ - IN V--850 0 ROCK SEC770W Advance Surveying & Engineering, Co. I EMMY CERTIFY THAT MS RA SURVEY CR REPORT WAS PREP/FFD BY IE OR OW WY °SECT MISSES NO THAT I MI A DAY RESSICIED LAM SAPETCR PM ME LOS II THE STATE CF TA. rw Ware W. P #43503 =SPERO. JUNE 19.2024 DATE DATE SURVEYED: AUGUST 27, 2023 DATE DRAFTED: JUNE 19, 2024 Planning Division 7/9/2024 SubmittedPage 25 of 139 LI ' RIIMIIII1.111111.111 111.111.11.111111tawaimmamoss 6 t hkS t*W " Lake Cornelia • ) stivon'tialY t C.1 CZ d Poi•:.f•I a:fanz Rd 11 rial; 4. ve 7. lei X3 L.A.1 (fr Ibsen/C. Planning Division 7/9/2024 SubmittedPage 26 of 139 Planning Division 7/9/2024 SubmittedPage 27 of 139 1, • • a ;4"- 4 4 444, - • • , • r: •*1.. ircilr • NI: I. t4'iP' • 7.*.t. • %At , ,r • " \ - jt •.. . • 'P I^ ,, • • •.3 ?'" , • 27"; sr„ti.c. , Alitn ,tit ) '404t °' 164,. Planning Division 7/9/2024 SubmittedPage 28 of 139 Planning Division 7/9/2024 SubmittedPage 29 of 139 kt:- for Int 11.77 „ r 7 (-DINA itiNe4pkid.g.4.1/44 F K cA/ siviclot itiATIEfisa. 144h.140.4e,SICkr XXCAVA-T104 SIE-PT Clot SOL 2•024... Planning Division 7/9/2024 SubmittedPage 30 of 139 Planning Division 7/9/2024 SubmittedPage 31 of 139 vises --Iry 9 vsebirni PIVW •zr7 Jew *spiv, co-cs Planning Division 7/9/2024 SubmittedPage 32 of 139 Planning Division 7/9/2024 SubmittedPage 33 of 139 Planning Division 7/9/2024 SubmittedPage 34 of 139 Planning Division 7/9/2024 SubmittedPage 35 of 139 Planning Division 7/9/2024 SubmittedPage 36 of 139 IOW 41, • ",!, E-D1NA g-N41+.3e.4.se.w4 Raw Cos sly 04h.NACteosiClor ie.t(c."Werrog SIL4sT Cot 1Seit. Z•024. . • ' • • • 1" "_ .V"eirp 14" ' 41 Planning Division 7/9/2024 SubmittedPage 37 of 139 Planning Division 7/9/2024 SubmittedPage 38 of 139 Planning Division 7/9/2024 SubmittedPage 39 of 139 Planning Division 7/9/2024 SubmittedPage 40 of 139 BOARD & COMMISSION ITEM REPORT Date: August 28, 2024 Item Activity: Action Meeting: Planning Commission Agenda Number: 6.2 Prepared By: Addison Lewis, Community Development Coordinator Item Type: Public Hearing Department: Community Development Item Title: Variance request at 4001 Monterey Ave Action Requested: Motion to deny the requested variances based on the findings outlined in the Staff Report. Information/Background: The property owner at 4001 Monterey Avenue is requesting the following variances to use the second story of an existing detached garage as an accessory dwelling unit (ADU): • 7.9 foot variance from the rear yard setback • 0.7 foot variance from the internal side yard setback Better Together Edina Public Input Supporting Documentation: 1. Staff Report 2. Applicant Narrative and Plans 3. Location Map 4. Site and ADU Photos 5. LMC Variance Guide 6. Building Dept. Memo Page 41 of 139 August 28, 2024 PLANNING COMMISSION Addison Lewis, Community Development Coordinator B-24-07, Variance request at 4001 Monterey Ave Information / Background: The property owner at 4001 Monterey Avenue is requesting the following variances to use the second story of an existing detached garage as an accessory dwelling unit (ADU): • 7.9 foot variance from the rear yard setback • 0.7 foot variance from the internal side yard setback The existing garage was permitted in 2003 and included a second story. In 2015, the second story was remodeled to accommodate a home office, which included connecting the structure to sewer and water from the primary dwelling and adding a bathroom. After the fact, the property owner installed a gas stove, which was not permitted (the owner will be required to remove the stove if the variance request is denied.). The space for the proposed ADU is approximately 225 square feet. No changes are proposed to the dimensions of the building and no site work is proposed. To be used as a dwelling unit, some interior improvements would be required to comply with the State building code (see attached memo from the Building Official). The required setback for a detached garage located fully within the rear yard is 3 feet from side and rear lot lines. The existing garage is 4.1 feet from the rear lot line and 4.3 feet from the interior side lot line so it is compliant with the setbacks as a garage. Setbacks for an ADU differ depending on the height of the structure. The height of the existing garage is just over 21 feet. At the time it was permitted, structure height was measured to the mid-point of a gable roof. In 2013, the ordinance was changed to measure height to the highest point of a roof, regardless of roof type, which made the garage non-conforming with respect to height. Page 42 of 139 STAFF REPORT Page 2 For an ADU between 18 and 25 feet in height, the required rear yard setback is 12 feet and the interior side yard setback is the same as the requirement for the principal dwelling, which in this case is 5 feet due to the lot width. Therefore, a 7.9 foot variance is required from the rear lot line and a 0.7 foot variance is required from the interior side lot line. Staff believes the proposed ADU complies with all other aspects of the zoning ordinance. Surrounding Land Uses Northerly: (City of St. Louis Park) Single-Family; zoned R-2 (single-family); guided Low- Density Residential Easterly: Single-Family; zoned R-1; guided Low Density Residential Southerly: Single-Family; zoned R-1; guided Low Density Residential Westerly: Single-Family; zoned R-1; guided Low Density Residential Existing Site Features The property is a corner lot at the southeast corner of Monterey Avenue and 40th Street West. The property contains a single-family home and the detached garage. The driveway access to the garage is from 40th Street West. The parcel is 6,549 square feet. The lot is relatively flat with minimal tree cover. Planning Guide Plan designation: Low Density Residential Zoning: R-1, Single Dwelling Unit District PRIMARY ISSUES & STAFF RECOMENDATION Primary Issues Is the proposed variance justified? No, staff does not believe the requested variance is justified. Minnesota Statutes and Section 36-98 of the Edina Zoning Ordinance require that a variance shall not be granted unless the following findings are made: Page 43 of 139 STAFF REPORT Page 3 1. The variance would be in harmony with the general purposes and intent of the ordinance. The purpose and intent of the setback requirement is to provide sufficient space between structures and neighboring property. The code has different setback requirements depending on the use of an accessory structure. It also has different setback requirements for ADUs depending on the height of the structure. Structures used primarily for storage, such as garages, sheds, and greenhouses can be setback only 3 feet from interior side and rear lot lines whereas more active uses, such as a pool house or ADU under 18 feet in height must meet a 5-foot setback from interior side and rear lot lines. ADUs between 18 and 25 feet in height must meet a 12-foot rear yard setback and comply with the same interior side yard setback requirements as the principal dwelling, which is 5 feet in this case due to the lot width. Although the structure is existing and the location and dimensions are not proposed to change, there is a clear intention in the code to have different setback requirements for different uses. The reason for this is because of the perceived potential for an ADU to generate more activity than a more ancillary storage use like a garage or tool shed and, therefore, may have additional impact on neighboring property. It was an intentional decision when the ADU ordinance was adopted to not allow detached ADUs at the same setback as detached garages. Therefore, staff does not find the request to be in harmony with the general purposes and intent of the ordinance. Criteria not met. 2. The variance would be consistent with the Comprehensive Plan. The Comprehensive Plan guides the property for Low Density Residential Use. The principal use of the property would still be as a single-family home and the property would remain zoned R-1 where ADUs are a permitted accessory use. The request could also be viewed as advancing the following goals in the Comprehensive Plan: Land Use Chapter • Goal 1: Encourage infill and redevelopment that optimizes use of city infrastructure, complement community character, and respond to needs at all stages of life. • Goal 3: Grow and develop sustainably to protect the natural environment, promote energy efficiency, conserve natural resources, and minimize the impacts of buildings on the environment. Housing Chapter • Goal 2: Encourage the development and maintenance of a range of housing options affordable to residents at all income levels and life stages. • Goal 4: Support the development of a wide range of housing options to meet the diverse needs of and preferences of the existing and future Edina community. Page 44 of 139 STAFF REPORT Page 4 Since ADUs are relatively uncommon, the variance would provide a housing option that is not widely available in the community. With just 225 square feet, it is likely to be relatively affordable if rented. The variance would make use of an existing structure without the need for demolition. Staff finds the request would be consistent with the Comprehensive Plan. Criteria met. 3. There are practical difficulties in complying with the ordinance. The term “practical difficulties” means the following: i. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. The owner is proposing to utilize an existing structure as an ADU. The structure already contains the necessary elements to be considered a dwelling unit, with the exception of some improvements that are necessary for building code compliance. Staff believes the structure complies with all elements of the zoning code for ADUs, except for the setback requirements. Having an ADU would provide greater flexibility to the property owner to meet the needs of their household. To comply with the setback requirement, the owner would need to demolish the existing structure and rebuild it at the required setback, which would consume all of the existing rear yard space and likely require a new driveway and curb cut. As was found during the creation of the ADU ordinance, other nearby communities allow ADUs at a similar height and setback within single-family neighborhoods so staff finds the request to be reasonable. Criteria met. ii. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Staff does not find there to be anything unique to the property. There are many detached garages throughout Edina that meet the required setbacks for a garage that would not meet the required setbacks for an ADU. Criteria not met. iii. The variance, if granted, will not alter the essential character of the locality. There are no changes proposed to the dimensions of the structure. The only exterior change will be the installation of an egress window. If the variance is granted, the structure will generally appear the same as it does today. Criteria met. Staff Recommendation Staff recommends denial of the requested variance. Denial is based on the following findings: 1. The variance does not satisfy the variance criteria outlined in State Statute and City Code. Specifically, the following criteria are not met: Page 45 of 139 STAFF REPORT Page 5 1. The variance is not in harmony with the general purpose and intent of the ordinance. Although the structure is existing and the location and dimensions are not proposed to change, there is a clear intention in the code to have different setback requirements for different uses. 2. The plight of the landowner is not due to circumstances that are unique to the property and not created by the landowner. There are many detached garages throughout Edina that meet the required setbacks for a garage that would not meet the required setbacks for an ADU. If the Planning Commission chooses to approve the variance, findings that satisfy the variance criteria should be identified. Deadline for a City decision: September 27, 2024. Page 46 of 139 VARIANCE APPLICATION SUMMARY Property Address: 4001 Monterey Ave., Edina, MN Property ID: 07-028-24-13-0069 Zoning: R1 The following conditions will be affirmatively satisfied in compliance with Minnesota Statutes and Edina Ordinances: 1. The proposed variance will relieve practical difficulties in complying with the zoning ordinance and the use is reasonable. The existing structure complies with the 3' setback requirements applicable to detached garages. The garage was improved many years ago to include a room above it, which is now classified as an ADU under the new City ordinance. The improvements did not expand the footprint of the existing building, were properly permitted, and complied with City requirements. However, the new ordinance for accessory dwelling units (ADUs) includes an increased setback requirement of 5' for detached ADUs of 18 feet in height or less. The existing structure does not comply with this new setback requirement. Therefore, a variance is necessary. The ADU is intended to be used as a long-term rental with appropriate licensing in compliance with city requirements. 2. The proposed variance will correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district No other properties in city, to the owner's knowledge based on conversations with the city, have existing ADUs like this one that complied with the previous setback requirements applicable to the structure, but do not comply with the increased setback requirements of the new ordinance. The variance will correct this extraordinary circumstance without impacting the nature and character of the neighborhood. 3. The proposed variance will be in harmony with the general purposes and intent of the zoning ordinance. The variance will allow the existing ADU to be used in compliance with the requirements of the new ordinance. The ADU will comply with the requirements of Sec. 36-439 upon completion of required inspection and licensing the proposed variance. 4. The proposed variance will not alter the essential character of the neighborhood Page 47 of 139 Most of the homes in the neighborhood have detached garages. The proposed variance will simply allow the current garage to comply with the the 2-foot increase in setback requirements applicable to ADUs. It does not entail any new construction and the ADU will only be used for residential purposes in keeping with the character of the neighborhood. Page 48 of 139 c--Overhead Waffles 4 amt .c4,44„ K DRI Oi Se 90.1 09.5 West 133.72 "(.eels 1 8 'ft! oa r kaon Existing Garage ffr909.70 N8985.4.YW 13159 (meas.) 1.338 (plot) LFenos x can' EadSting Hees FF5.97.150 0.0 satsw Concrete 078 MHR=905.5 I k 1 .30 30 L4 SCHOBORG D SERVICES INC. I hereby certify that this certificate of Survey wets prepared by me Job Number, 5949 or under my direct supervision and that I am a duly Registered Sorter Doter 4/20/21 Land Surveyor under the laws of the State of Minnesota. Drawing Warner Jacobson dwe Drawn by EM. Revisions: ,s S/07/21 5/07/21 (structure coverage) cal B. Schoborg 5/18/21 (deet) 763-977-J22i 8997 CO. Ret 13 SE ....Sewbergtoateem Delano, 0.9 55328 Dole: May 18, 2021 Registration Na 14700 laded • Pound Iron Monument a 000.0 Existing Devotion 20 EW Egress Weil 15NNEMEMI MMI' T Utility Pole Olive (deciduous) Bearings based on assumed datum I inch -+ 10 fccl 11 Building Permit Survey Prepared for: Rick Jacobson ,-Centerline 40TH Street West Eska. Hardcover (so H) Pr000xd Hardcover (no ft ) House. 861 Prop. AddittOn 520 Garage 574 Prop. Steps Paws & Steps 203 Prop. Dock 757 Cone. Driveway 558 Prop. Egress Well 34 Stoop and Stows 59 Prop. Pavers J9 Egress Wens 51 House, 867 Deck L51 Garage. 574 floacbmsuic 2,464 Pavers & Steps 203 Top nut of hydrant located in SE quadrant at Cone Driveway 558 Intersection or 40th Street W. & Gym Avenue Parcel Area = 6,549 Stoop and Steps 59 Elevation ,. 909.62 (par City of Edina) Egress Wells —5.1. Total Hardcover . 37.6Z 2065 rJr Addr.ww 4001 Monterey Avenue Edina, MN 55416 Poore., 0,,rnitticet (wrennIPrt be client) Lot 26, Block 3, MINIKAHDA VISTA 1H/RD .40011100 MORWINCSIDE, according to the recorded plat thereof, Hennepin County Minnesota. Stabject to any and all easements of record. -.House and Garage creels ore calculated to the existing foundation wall. Peed AIVO 6,549 Total Hardcover 46.8X Fannin,. Cowan. (no It ) House 861 Prop. 40011100 520 Garage. 574 Deck (>150 sare)_a 7,962 Parcel Area 5,549 Total Structure Coverage = 29.967: Page 49 of 139 .11h. 4 111111:1111h. 4111111111111111116. A6111 116. . llallE, •11•11 III II I MI6 I I h ih, . wiwzmis 1 all11111111111111 011111111111MIN all --- .......... n , .--,....1.114 .,Noul.1.••• imminlimm,... .1111111111111111121•1•111111111111 1111111111111•11111111111111111116. IIIIIIIMINIIIIIIIIIIIIIIIIIIII=MINIIIIIIIIIIIh. Y{V,iiii,Y,,,,,' i .1' ERMEIE1 II EBEIEB fii.' 1 "r iu\'1,Y,01 1)'r'igii]ti, DEINIDEIDE3 i v ,,I"I 0 iz- • non 0 vi i Yi_ 0 , • u 0 • NI 0 i [410.1.0,09.3 [VW R 51142C SrAY1 FRONT 1-VAI1ON AReir.1G.1.4.9.51.4.,145- 1131f0.303C+101. C4 al,vc, Yl /• OW0.1 1 W90A0$T1.T . A5t.I , l3 C t M 10.• . 4.11 .2,.1,11,0 ,1 NICOMGRON*3045,00.190a .1.1.173.10 WAY MaNMIC11. OWAIWESPTI5 (X11,149 GARY. .PLA,11.0,7100.2 0.1131...< 60.117.121,10/4 CP, AM N.. 9(1.9 P(11E.13. MINNMNKA 12 5IGN, INC. BOW. 78th. St., Suite 210 Chanhassen, MN 55311 Int (952) 934-7440 FAX (952) 934-4305 web: woovimirretaikarlesurioun mtiliaskiyetaciorn -P-1 Ate[ n...1.04bne 004484 fiSGSWE PGa RICK JI COLt~ION tor luitoct, jcottnvi 5.17.f .VO4[55 P12IPGMATVI2 CON5T,, INC, arreekir 020. OLVell Page 50 of 139 12 10 *.1 15. RO5 GUING MT 1/ 2" 5.4A11.014 navx a 24" 0/C it /42 MM MOWN P.1511-Aftal KV( WPM BAKER 5/ 8" ad' .504152 5115.0552 MM TOM. 12 45.78 P.1511.611altyrra5, MU I" ARWC5 & WAIER 511A-12 EXTERICR AR PLM 5.1048 R.-17 R.,52 25/52" 9.EA8IVNIG 745 5r1.195 a 16.. 0/ C 5-2.06 (R.-6.87) 6" BAff D./ LM 50...V VAPOR 544WeR R-19 1/ 2" OM. 155A150 WIEWCR AR PLM 11;:.: 1'017.1.. 12 2298 1, 6" CCW, ELK. l`fG. O PULPING 5C110N 55855, 9-545 S nt 5 a° 5 PINJ 50. 004484 Page 51 of 139 Page 52 of 139 © WSB & Associates 2013 4001 Monterey Ave Parcels August 22, 2024 Map Powered By DataFi / 1 in = 75 ft Page 53 of 139 Page 54 of 139 Page 55 of 139 Page 56 of 139 Page 57 of 139 Page 58 of 139 Page 59 of 139 Page 60 of 139 Page 61 of 139 Page 62 of 139 Page 63 of 139 Page 64 of 139 Land Use Variances Published: May 21, 2021 See accompanying model documents below. This content conveys general information. Do not use it as a substitute for legal advice. Any attorney general opinions cited are available from the Leagueʼs Research staff. What is a variance? A variance is a way that cities may allow an exception to part of a zoning ordinance. It is a permitted departure from strict enforcement of the ordinance as applied to a particular piece of property. A variance is generally for a dimensional standard (such as setbacks or height limits). A variance allows the landowner to break a dimensional zoning rule that would otherwise apply. Sometimes a landowner seeks a variance to allow a use of their property that is not permissible under the zoning ordinance. Such variances are oen termed “use variances” as opposed to “area variances” from dimensional standards. Use variances are not generally allowed in Minnesota. State law prohibits a city from permitting by variance any use that is not permitted under the ordinance for the zoning district where the property is located (Minn. Stat. § 462.357, subd. 6). Granting a variance Minnesota law provides for a body called the board of adjustment and appeals to hear requests for variances (Minn. Stat. § 462.357, subd. 6). In many smaller communities, the planning commission or even the city council may serve that function. A variance decision is generally appealable to the city council. A city may grant a variance if enforcement of a zoning ordinance provision, as applied to a particular piece of property, would cause the landowner “practical difficulties.” For the variance to be granted, the applicant must satisfy the statutory three-factor test for practical difficulties (Minn. Stat. § 462.357, subd. 6). If the applicant does not meet all three factors of the statutory test, the city should not grant the variance. Also, variances are only permitted when: They are in harmony with the general purposes and intent of the ordinance, and The terms of the variance are consistent with the comprehensive plan. Page 65 of 139 Legal standards When considering a variance application, a city exercises “quasi-judicial” authority. This means the city acts like a judge in evaluating the facts against the legal standard. The cityʼs role is limited to applying the legal standard of practical difficulties to the facts presented by the application. If the applicant meets the standard, then the city may grant the variance. In contrast, when the city writes the rules in the zoning ordinance, the city is exercising “legislative” authority and has much broader discretion. Practical difculties “Practical difficulties” is a legal standard that cities must apply when considering applications for variances. It is a three-factor test and applies to all requests for variances. To constitute practical difficulties, all three factors of the test must be satisfied. Reasonableness The first factor is that the property owner proposes to use the property in a reasonable manner. This factor means that the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use whatsoever without the variance. For example, if the variance application is for a building too close to a lot line or does not meet the required setback, the focus of the first factor is whether the request to place a building there is reasonable. Uniqueness The second factor is that the landownerʼs problem is due to circumstances unique to the property not caused by the landowner. The uniqueness generally relates to the physical characteristics of the particular piece of property, that is, to the land and not personal characteristics or preferences of the landowner. When considering the variance for a building to encroach or intrude into a setback, the focus of this factor is whether there is anything physically unique about the particular piece of property, such as sloping topography or other natural features like wetlands or trees. Essential character The third factor is that the variance, if granted, will not alter the essential character of the locality. Under this factor, consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. Page 66 of 139 For example, when thinking about the variance for an encroachment into a setback, the focus is how the particular building will look closer to a lot line and if that fits in with the character of the area. Undue hardship “Undue hardship” was the name of the three-factor test prior to a May 2011 change of law (2011 Minn. Laws, ch. 19, amending Minn. Stat. § 462.357, subd. 6). The 2011 law restored municipal variance authority in response to a Minnesota Supreme Court case (Krummenacher v. City of Minnetonka, 783 N.W.2d 721 (Minn. June 24, 2010)). The law now does both of the following: Provides consistent statutory language between city land use planning statutes (Stat. § 462.357, subd. 6) and county variance authority (Minn. Stat. § 394.27, subd. 7). Clarifies that conditions may be imposed on granting of variances if those conditions are directly related to, and bear a rough proportionality to, the impact created by the variance. The 2011 law renamed the municipal variance standard from “undue hardship” to “practical difficulties,” but otherwise retained the familiar three-factor test of reasonableness uniqueness essential character The League has developed models that reflect current variance law. Your city attorney should review these models with you prior to council action to tailor them for your cityʼs needs. View the League model ordinance on issuance of a zoning variance (doc) View the League model variance application form (doc) View the League model resolution adopting findings of fact (doc) Other considerations Harmony with other land use controls State law says, “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the comprehensive plan” (Minn. Stat. § 462.357, subd. 6). This is in addition to the three-factor practical difficulties test. So, a city evaluating a variance application should make findings on whether: The variance is in harmony with the purposes and intent of the ordinance. The variance is consistent with the comprehensive plan. Page 67 of 139 The proposal puts the property to use in a reasonable manner. There are unique circumstances to the property not created by the landowner. The variance, if granted, will alter the essential character of the locality. For more about findings of fact, see Taking the Mystery out of Findings of Fact Economic factors Sometimes landowners insist they deserve a variance because they have already incurred substantial cost. They may also argue they will not receive expected revenue without the variance. State statute specifically notes that economic considerations alone cannot create practical difficulties (Minn. Stat. § 462.357, subd. 6). Rather, practical difficulties exist only when the three statutory factors are met. Neighborhood opinion Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While city officials may feel their decision should reflect the overall will of the residents, their task is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can oen provide important facts to help the city address these factors, but unsubstantiated opinions and reactions to a request are not a legitimate basis for a variance decision. If neighborhood opinion is a significant basis for the variance decision, it could be overturned by a court if challenged. Conditions A city may impose conditions when it grants a variance. Conditions must be directly related to and bear a rough proportionality to the impact created by the variance (Minn. Stat. § 462.357, subd. 6). For instance, if a variance is granted to exceed a height limit, any conditions attached should presumably relate to lessening the effect of excess height. Variance procedural issues Public hearings Minnesota statute does not clearly require a public hearing before a variance is granted or denied. Many practitioners and attorneys agree that the best practice is to hold public hearings on all variance requests. A public hearing allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Page 68 of 139 Past practices While past practice may be instructive, it cannot replace the need for analysis of all three of the practical difficulties factors for each and every variance request. In evaluating a variance request, cities are not bound by decisions made for prior variance requests. If a city finds it is issuing many variances to a particular zoning standard, the city should consider amending the ordinance to change the standard. Time limit A written request for a variance is subject to Minnesotaʼs 60-day rule. It must be approved or denied within 60 days of the time it is submitted to the city. A city may extend the time period for an additional 60 days, but only if it does so in writing before expiration of the initial 60-day period. Under the 60-day rule, failure to approve or deny a request within the statutory time period is considered an approval (Minn. Stat. § 15.99). Documentation Whatever its decision, a city should create a record that supports it. If denying the variance, the 60-day rule requires the reasons for the denial be put in writing within the statutory time period (Minn. Stat. § 15.99, subd. 2). Even if the variance is approved, a written statement explaining the decision is advisable. The written statement should address each of the three practical difficulties factors and list the relevant facts and conclusions for each factor. For more about findings of fact, see Taking the Mystery out of Findings of Fact Variances once granted A variance is a property right that “runs with the land.” That is, it attaches to and benefits the land and is not limited to a particular landowner. A variance is typically filed with the county recorder. Even if the property is sold to another person, the variance applies. Models used in this discussion: Issuance of Variances, LMC model ordinance (doc) Variance Application, LMC model form (doc) Adopting Findings of Fact, LMC model resolution (doc) Page 69 of 139 August 15, 2024 Addison Lewis, Community Development Coordinator Nate Borwege, Chief Building Official 4001 Monterey Ave ADU Compliance Inspection Information / Background: On June 25th, 2024 I inspected the property for code compliance to utilize an existing garage with a bonus space/living area above as an Accessory Dwelling Unit (ADU). Comments for code compliance are as follows: - The living area above the garage does not have an egress window. A window meeting the requirements of section R310 of the 2020 MN Residential Code will be required. - The floor area above the garage/below the living area does not have sufficient insulation. The floor R-value shall be R-30 or provide insulation sufficient to fill the framing cavity with a R-19 minimum per table R402.1.1 of the 2015 MN Residential Energy Code. - Dwelling-garage fire separation is not provided. Not less than 5/8-inch Type X gypsum board or equivalent shall be installed on the garage ceiling. Under the stairs, 1/2-inch gypsum board will be required/maintained. All garage wall gypsum board must be maintained/repaired as needed with 1/2-inch minimum gypsum board. Refer to table R302.6 of the 2020 MN Residential Code - Other minimums are met for bathroom, kitchen, cooking and HVAC requirement. Page 70 of 139 BOARD & COMMISSION ITEM REPORT Date: August 28, 2024 Item Activity: Action Meeting: Planning Commission Agenda Number: 6.3 Prepared By: Addison Lewis, Community Development Coordinator Item Type: Public Hearing Department: Community Development Item Title: Zoning Ordinance Amendment for Cannabis Related Uses Action Requested: Motion to recommend approval of the proposed ordinance as drafted or amended. Information/Background: The State legalized adult-use cannabis in Minnesota at the end of the 2023 legislative session. The law (State Statute Chapter 342) establishes a State Office of Cannabis Management (OCM), which will be the licensing authority for cannabis businesses. The law allows cities to adopt a moratorium on cannabis businesses to allow cities time to study the issue and adopt regulations. The City of Edina adopted a moratorium that is in place until January 1, 2025. As part of adopting local regulations, an amendment to the zoning ordinance is necessary. A municipality may not ban the types of cannabis businesses or activities authorized by State law and licensed by OCM. In addition, the City may not enact regulations that amount to a de facto ban. The City can decide which zoning districts they are allowed to operate in. Generally, these licensed activities include: • Cultivation • Delivery service • Manufacturing and processing • On-site consumption of edible cannabis products and lower-potency hemp edibles, such as gummies and drinks (does not include products consumed through smoking or vaporized delivery method) • Retail • Testing • Transportation • Wholesaling The proposed ordinance allows each licensed activity as a permitted use in the appropriate zoning district with standards, including buffers from certain uses. The ordinance adds new definitions as needed and clarifies the amount of parking required for a cannabis lounge. Parking required for other cannabis uses would be the same as other retail, manufacturing, or similar uses already in the zoning ordinance. Better Together Edina Public Input Zoning Map Minnesota Statutes - Chapter 342 Page 71 of 139 Supporting Documentation: 1. Staff Report 2. Draft Ordinance 3. Buffer Maps 4. A Guide for Local Minnesota Governments on Adult-Use Cannabis Page 72 of 139 The State legalized adult-use cannabis in Minnesota at the end of the 2023 legislative session. The law (State Statute Chapter 342) establishes a State Office of Cannabis Management (OCM), which will be the licensing authority for cannabis businesses. The law allows cities to adopt a moratorium on cannabis businesses to allow cities time to study the issue and adopt regulations. The City of Edina adopted a moratorium that is in place until January 1, 2025. As part of adopting local regulations, an amendment to the zoning ordinance is necessary. A municipality may not ban the types of cannabis businesses or activities authorized by State law and licensed by OCM. In addition, the City may not enact regulations that amount to a de facto ban. The City can decide which zoning districts they are allowed to operate in. Generally, these licensed activities include: • Cultivation • Delivery service • Manufacturing and processing • On-site consumption of edible cannabis products and lower-potency hemp edibles, such as gummies and drinks (does not include products consumed through smoking or vaporized delivery method) • Retail • Testing • Transportation • Wholesaling The following descriptions of each activity come from a combination of OCM’s Guide for Local Governments on Adult-Use Cannabis or directly from State Statute Chapter 342. August 28, 2024 Planning Commission Addison Lewis, Community Development Coordinator Cannabis Zoning Ordinance Amendment Information / Background: Page 73 of 139 STAFF REPORT Page 2 Cultivation – Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts. A cannabis cultivator license entitles the license holder to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from a mature plant, package and label immature cannabis plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by OCM. Delivery service – This license type allows for transportation to the end consumer. This may be similar to a fleet-based business that may own multiple vehicles, but not necessarily hold a substantial amount of cannabis or cannabis products. Manufacturing and processing – Manufacturers may manufacture cannabis products and hemp products and package such products for sale to a licensed cannabis retailer. On-site consumption – There are some license types issued by OCM that authorize the license holder to engage in multiple activities. One of those license types is a cannabis microbusiness license. In addition to cultivation, manufacturing and retail, this license type allows on-site consumption of edible cannabis products and lower-potency hemp edibles, such as gummies or drinks, on a portion of its premises, similar to a brewery taproom. This space is commonly referred to as a “cannabis lounge”. Consumption of products consumed through smoking or vaporized delivery is not permitted. The portion of the premises in which on-site consumption is permitted must be definite and distinct from all other areas of the microbusiness and must be accessed through a distinct entrance. Alcohol and tobacco may not be sold on the premises. Other food and beverages may be prepared and sold on site if not otherwise prohibited by state and local requirements. Unlike a brewery taproom, a cannabis microbusiness offering onsite consumption may not permit an individual who is under 21 years of age to enter the premises. Display and consumption of any edible cannabis products or lower-potency hemp edibles may not be visible from outside of the licensed premises. Retail – Retailers may sell immature cannabis plants and seedlings, cannabis, cannabis products, hemp products, and other products authorized by law to customers and patients. A retail location shall have a portion of the premises where samples of cannabis products are displayed (not for consumption). All products available for purchase must be stored in a secure storage area. Retailers must maintain compliance with security requirements established by OCM, including but not limited to requirements for maintaining video surveillance records, using specific locking mechanisms, establishing secure entries, and the number of employees working at all times. Cannabis products may only be sold to individuals who are at least 21 years of age. Cannabis retailers may not operate a drive- through window or sell cannabis products through a vending machine. OCM also requires retailers to have a plan that prevents the visibility of cannabis products to individuals outside of the retail location. Testing – Testing facilities may obtain and test immature cannabis plants and seedlings, cannabis products and hemp products from licensed cannabis businesses. Page 74 of 139 STAFF REPORT Page 3 Transportation – Transporters may transport immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products to licensed cannabis businesses. This may be a fleet-based business that may own multiple vehicles but not necessarily hold a substantial amount of cannabis or cannabis products. Wholesaling – This activity and license type allows a business to purchase from a business growing or manufacturing cannabis or cannabis products and sell to a cannabis business engaged in retail. Proposed Ordinance The proposed ordinance allows each licensed activity as a permitted use in the appropriate zoning district with standards, including buffers from certain uses. The ordinance adds new definitions as needed and clarifies the amount of parking required for a cannabis lounge. Parking required for other cannabis uses would be the same as other retail, manufacturing, or similar uses already in the zoning ordinance. Cannabis Retail Similar to tobacco and liquor stores, the proposed ordinance would make cannabis retailers a permitted use in the Planned Commercial Districts 1, 2 and 3 (PCD-1, PCD-2 and PCD-3), Mixed Development District 6 (MDD-6) and any Planned Unit Development that allows the uses in the Planned Commercial Districts. It would also be a conditionally permitted use in the Mixed Development District 3, 4 and 5 (MDD-3, MDD-4 and MDD-5). The current Zoning Ordinance does not include purpose statements that describe the intent or objective of each district; however, PCD-1 is generally for smaller neighborhood businesses. Examples of PCD-1 zoned areas include Valley View and Wooddale, 44th and France, 70th and Cahill, and Lincoln and Londonderry. PCD-2 allows for more and slightly larger commercial businesses. Examples of PCD-2 zoned areas are Grandview and 50th & France. PCD-3 allows the most and largest commercial businesses and is limited to the Southdale District. By allowing in all three PCD subdistricts, cannabis retail would also be allowed in the City’s mixed-use districts (MDD-3, 4, 5 and 6) unless specifically excluded. There are some uses allowed in PCD that are excluded from MDD, including animal hospitals and kennels, automotive accessory stores, clubs and lodge halls, exterminating offices, and undertaking and funeral home establishments. There is no property zoned MDD-3. MDD-4 is Grandview Square. MDD-5 includes Edinborough in the Southdale District and The Loden and Children’s Business Campus near Lincoln and Londonderry. MDD-6 is the area around Centennial Lakes Park and some of Pentagon Park. (Link to Zoning Map) Cannabis Cultivation, Delivery Service, Manufacturing, On-Site Consumption, Processing, Testing, Transportation, and Wholesaling Page 75 of 139 STAFF REPORT Page 4 As part of the cannabis industry, there are many types of businesses involved in bringing the products to the consumer, including cultivation, delivery services, manufacturing, processing, testing, transportation, and wholesaling. These types of activities are generally already permitted within the Planned Industrial District (PID) for other products. Staff recommends that these types of cannabis businesses be limited to the PID. Businesses issued a microbusiness license from the State may also offer on-site consumption of edible cannabis products like lower-potency hemp edibles, similar to a taproom at a brewery. Staff recommends this also be limited to the PID. Other Considerations • The State law allows cities to prohibit a cannabis business within 1,000 feet of a school or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors including playgrounds and athletic fields. The proposed ordinance includes a 500-foot buffer from each of these uses. No such buffer requirement is imposed for tobacco and liquor stores, although the City has control over the locations of its municipal liquor stores. The City could impose a buffer less than the maximum allowed under State law or choose to impose no buffer from these uses. • Cannabis businesses will be required to comply with all other aspects of the zoning ordinance including for signage, parking, setbacks, floor area ratio, building design standards, noise, vibration, odor, glare, lighting, etc. • Many aspects of the business operations are heavily regulated by the State and the City may have limited authority to impose certain requirements that go beyond State law. • State law requires a cannabis business must maintain and follow a security plan to deter and prevent the theft or diversion of cannabis products, unauthorized entry into the cannabis business, and theft of currency. Requirements include but are not limited to maintaining video surveillance records, using specific locking mechanisms, establishing secure entries, and the number of employees working at all times. • State law requires a cannabis business must maintain a ventilation and filtration system sufficient to meet the requirements for odor control established by OCM. STAFF RECOMMENDATION Staff recommends approval of the proposed ordinance. Page 76 of 139 Existing text – XXXX Stricken text – XXXX Added text – XXXX 1 ORDINANCE NO. 2024-XX AN ORDINANCE AMENDMENT REGARDING CANNABIS USES The City Council Of Edina Ordains: Section 1. Chapter 36, Article I – IN GENERAL is amended as follows: Sec. 36-10 Definitions Cannabis cultivation business means a business with a cannabis cultivator license, medical cannabis cultivator license, or cultivation endorsement from the State of Minnesota Office of Cannabis Management. Cannabis delivery business means a business with a cannabis delivery service license or delivery service endorsement from the State of Minnesota Office of Cannabis Management. Cannabis lounge means a portion of the premises of a cannabis business licensed or endorsed by the State of Minnesota Office of Cannabis Management for on-site consumption of edible cannabis products and lower-potency hemp edibles. Cannabis manufacturing business means a business with a cannabis manufacturer license or manufacturing endorsement from the State of Minnesota Office of Cannabis Management. Cannabis processing business means a business with a medical cannabis processor license or processing endorsement from the State of Minnesota Office of Cannabis Management. Cannabis retailer means a business with a cannabis retailer license, medical cannabis retailer license, or retail endorsement from the State of Minnesota Office of Cannabis Management. Cannabis testing business means a business with a cannabis testing facility license or testing endorsement from the State of Minnesota Office of Cannabis Management. Cannabis transportation business means a business with a cannabis transporter license or transportation endorsement from the State of Minnesota Office of Cannabis Management. Cannabis wholesaling business means a business with a cannabis wholesaler license or wholesaling endorsement from the State of Minnesota Office of Cannabis Management. Page 77 of 139 Existing text – XXXX Stricken text – XXXX Added text – XXXX 2 Residential treatment facility means any facility outside a person’s home providing 24-hour-a-day care, lodging, or supervision that is licensed or regulated by the Minnesota Department of Human Services. Section 2. Chapter 36, Article VIII, Division 8 of the Edina City Code is amended as follows: DIVISION 8. PLANNED COMMERCIAL DISTRICT (PCD) Sec. 36-308. Principal uses in PCD-1 subdistrict. The following are the principal uses permitted in the PCD-1 subdistrict: Cannabis retailer Sec. 36-618. Special requirements. In addition to the general requirements described in article XII, division 2 of this chapter, the following special requirements shall apply: (19) Standards for cannabis retailer. a. A cannabis retailer must have a cannabis retailer license or retail endorsement from the State of Minnesota Office of Cannabis Management. b. Compliance with State license requirements shall be maintained at all times. c. A cannabis retailer shall be located at least five hundred (500) feet from any daycare, residential treatment facility, or K-12 school as measured from property line to property line. d. A cannabis retailer shall be located at least five hundred (500) feet from any attraction within a public park that is regularly used by minors, including a playground or athletic field, measured from the property line of the cannabis retailer to the attraction. Section 3. Chapter 36, Article VIII, Division 9 of the Edina City Code is amended as follows: DIVISION 9. PLANNED INDUSTRIAL DISTRICT (PID) Sec. 36-640. Principal uses. The following are principal uses permitted in the Planned Industrial District (PID): Page 78 of 139 Existing text – XXXX Stricken text – XXXX Added text – XXXX 3 (12) Cannabis cultivation, manufacturing, processing, wholesaling, testing, transportation, or delivery business Sec. 36-642. Accessory uses. The following are the accessory uses permitted in the Planned Industrial District (PID): j. Cannabis lounge accessory to a cannabis business licensed by the State of Minnesota Office of Cannabis Management Sec. 36-644. Special requirements. In addition to the general requirements described in article XII, division 2 of this chapter, the following special requirements shall apply: (7) Standards for cannabis cultivation, manufacturing, processing, wholesaling, testing, transportation, or delivery business i. The business must have a license or endorsement from the State of Minnesota Office of Cannabis Management. ii. Compliance with State license requirements shall be maintained at all times. iii. All operations of the business shall take place within an enclosed building. iv. The business shall be located at least five hundred (500) feet from any daycare, residential treatment facility, or K-12 school as measured from property line to property line. v. The business shall be located at least five hundred (500) feet from any attraction within a public park that is regularly used by minors, including a playground or athletic field, as measured from the property line of the business to the attraction. Section 4. Chapter 36, Article XII, Division 3, Subdivision II of the Edina City Code is amended as follows: DIVISION II. PARKING SPACES Sec. 36-1311. Minimum number required. (bb) Taproom, cannabis lounge and cocktail room. At least one space per 100 square feet of gross floor area. Section 5. This ordinance is effective immediately upon passage. First Reading: Second Reading: Page 79 of 139 Existing text – XXXX Stricken text – XXXX Added text – XXXX 4 Published: ATTEST: __________________________ _____________________________ Sharon Allison, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk 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 Ordinance was duly adopted by the Edina City Council at its Regular Meeting of ___________________, 2024, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______ day of ____________, 2024. ________________________________ City Clerk Page 80 of 139 EDINBOROUGHWYEDINA IND U ST RIAL BLVDBROOKSIDEAVESLOUISIANAAVESG LE A S ONR D42 1/2 ST W WOODDALE AVESAIN TL O U ISSTE D E N AVE GALLAGH ER DR BENTONAVEBLAKERDS INTERLACHEN BLVD H A Z E LTON RD MINNESOTA DR 65TH ST W 70TH ST W 76TH STW MALONEYAVE EXCELSIOR BLVD BROOKSIDEAVE7TH ST W TRACYA VE54TH ST WYOSEMITEAVES V ALLEY L N ANTRIMRD78TH STW BR A E M A R BL V D JOHNSONAVESYORKAV E SL I N C OLN D R OLINGERBLV DRI DGE VI EWDR69TH STW SOUTHVIEW LN 64TH STWFRANCEAVESVERNONAVECONCORD AVEVALL EY VIEW RD 44TH STW 60TH ST W 58TH ST W 50TH ST W 2NDSTNE HIGHWAY169FRONTAGERDQUENTI NAVES62ND ST W DEWEY HILL RDTYLERAVEN HALIFAXAVE66TH ST W HILARYLN XERXES AVE SWILLSONRDMET R OBLVDPARK L AWN AVE 51ST STW CAHILLRD77TH ST WHANSEN RDWASHINGTONAVESMCCAULEYTRLS§¨¦494§¨¦494 §¨¦494 §¨¦494 ¬«62 ¬«62 ¬«100 ¬«100 ")3 ")17 ")31 ")31 ")20 ")3 ")31 ")17 ")158 ")158 ")53 ")21 ")53 ")20 ")3 ")28 £¤169 £¤169 £¤169 £¤212£¤212 Legend Daycares (500 ft setback) Parks (500 ft setback) Schools (500 ft setback) Cannabis Retailers Allowed Setback Area August 14, 2024 ± 0 3,0001,500 Feet Page 81 of 139 A M E RICAN B LVDW 45TH ST WWOOD DALEAVEEDINA INDUSTRI A LBLVD 7TH STW 70TH STWBROOKSIDEAVES L O UI SIANAA VESALABAMAAVESG LE A S ONR DQUENTI NAVESOXFOR D S T 42 1/2 ST W WOODDALE AVE44TH ST W E D E N A V E GALLAGHE RDR BENTON AVE PARK L AWN AVEBLAKERDS62ND ST WBLAKERDS INTERLACHEN BLVD 39TH ST W H A Z E LTON RD 69TH ST W VALLEYVIEWRD MINNESOTA DR 70TH ST W70TH S T W 78TH STW 76TH STW MALONEYAVE VA L L E Y VIEW R D BROOKSIDEAVE50THSTW W A SH INGTONAVENL A K E S T W UPTON AVE STRACYAV E50TH S T WSAINTLOUISST BLAKERDSVAL L EYVIEWRD54TH ST W VALLE YLN ANTRIMRD78TH ST W YORKAVES69TH ST W 7 8 TH S T WLINC O LNDR 76THSTW OLINGERB L VDNORMANDALERDRI DGEVI EWDRWBUSHLAKERDSOUTHVIEW LN FRANCE AVE SV E R N O N A V E CONCORDAVEVERNONAVEVALL EY VIEW RD 44TH STW 70TH ST W 50TH STWBLA K ERDS60TH ST W 58TH ST W 66TH STW 2NDSTNE HIGHWAY169FRONTAGERD62ND ST W VALLEYVIEWRDDEWEY HILL RD V A LLEY V I E W R D 78THSTWTYLER AVENHALIFAXAVE66TH ST W YORKAVESHILARYLN E X C E L S IO R B LV D XERXES AVE SXERXESAVESWILLSONRDSHADYOAKRD METR O BLVDEXCELSIORBLVDEXCELSIORBLVD PARKLAW NAVE UPTON AVE SUPTON AVE S51STSTWBLAKERDN CAHILL RD5TH ST S AMERICANBLVDW 77TH ST W 78THS TREETCIR WHANSEN RDFRANCEAVESWASHINGTONAVESSMETANA DRLINCOL NDRW 78TH ST MCCAULEYTRLS§¨¦494§¨¦494 ¬«62¬«62 ¬«100 ¬«100 ¬«212¬«212 ")17 ")31 ")31 ")31 ")17 ")158 ")158 ")21 ")53 ")53 ")3 ")3")3")20 ")20 ")28 ")28 ")34 £¤169 £¤169 £¤212£¤212 Legend Daycares (500 ft setback) Parks (500 ft setback) Schools (500 ft setback) Cannabis Manufacturing Allowed Setback Area August 14, 2024 ± 0 3,0001,500 Feet Page 82 of 139 A Guide for Local Governments on Adult-Use Cannabis Version 1.3 Updated July 11, 2024Page 83 of 139 Table of Contents Introduction ............................................................... 3 About OCM ............................................................... 4 Cannabis License Types ............................................. 5 Adult-Use Cannabis Law ........................................... 7 Cannabis Licensing Process........................................ 8 General Authorities .................................................. 10 Zoning and Land Use ................................................ 12 Local Approval Process ............................................. 15 Inspections and Compliance Checks ........................ 18 Municipal Cannabis Stores ...................................... 19 Creating Your Local Ordinance ............................... 20 Additional Resources ................................................ 21 Page 84 of 139 Introduction This guide serves as a general overview of Minnesota’s new adult-use cannabis law, and how local governments can expect to be involved. The guide also provides important information about Minnesota’s new Office of Cannabis Management (OCM), and the office’s structure, roles, and responsibilities. While medical cannabis continues to play an important role in the state’s cannabis environment, this guide is primarily focused on the adult-use cannabis law and marketplace. The following pages outline the variety of cannabis business licenses that will be issued, provide a broad summary of important aspects of the adult-use cannabis law, and cover a wide range of expectations and authorities that relate to local governments. This guide also provides best practices and important requirements for developing a local cannabis ordinance. Chapter 342 of Minnesota law was established by the State Legislature in 2023 and was updated in 2024. Mentions of “adult-use cannabis law” or “the law” throughout this guide refer to Chapter 342 and the changes made to it. As of this guide’s date of publication, state regulations governing the adult-use cannabis market have not yet been published—this document will be updated when such regulations become effective. This guide is not a substitute for legal advice, nor does it seek to provide legal advice. Local governments and municipal officials seeking legal advice should consult an attorney. Page 3 Page 85 of 139 About OCM Minnesota’s Office of Cannabis Management is the state regulatory office created to oversee the implementation and regulation of the adult-use cannabis market, the medical cannabis market, and the consumer hemp industry. Housed within OCM are the Division of Medical Cannabis (effective July 1, 2024), which operates the medical cannabis program, and the Division of Social Equity, which promotes development, stability, and safety in communities that have experienced a disproportionate, negative impact from cannabis prohibition and usage. OCM, through Chapter 342, is tasked with establishing rules and policy and exercising its regulatory authority over the Minnesota cannabis industry. In its duties, OCM is mandated to: Promote public health and welfare. Protect public safety. Eliminate the illicit market for cannabis flower and cannabis products. Meet the market demand for cannabis flower and cannabis products. Promote a craft industry for cannabis flower and cannabis products. Prioritize growth and recovery in communities that have experienced a disproportionate, negative impact from cannabis prohibition. OCM governs the application and licensing process for cannabis and hemp businesses, specific requirements for each type of license and their respective business activities, and conducts enforcement and inspection activities across the Minnesota cannabis and hemp industries. Page 4 Page 86 of 139 License Types Minnesota law allows for 13 different types of business licenses, each fulfilling a unique role in the cannabis and hemp supply chain. In addition to license types below, OCM will also issue endorsements to license holders to engage in specific activities, including producing, manufacturing, and sale of medical cannabis for patients. Microbusiness Microbusinesses may cultivate cannabis and manufacture cannabis products and hemp products, and package such products for sale to customers or another licensed cannabis business. Microbusiness may also operate a single retail location. Mezzobusiness Mezzobusinesses may cultivate cannabis and manufacture cannabis products and hemp products, and package such products for sale to customers or another licensed cannabis business. Mezzobusiness may also operate up to three retail locations. Cultivator Cultivators may cultivate cannabis and package such cannabis for sale to another licensed cannabis business. Manufacturer Manufacturers may manufacture cannabis products and hemp products, and package such products for sale to a licensed cannabis retailer. Retailer Retailers may sell immature cannabis plants and seedlings, cannabis, cannabis products, hemp products, and other products authorized by law to customers and patients. Wholesaler Wholesalers may purchase and/or sell immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from another licensed cannabis business. Wholesalers may also import hemp-derived consumer products and lower-potency hemp edibles. Page 5 Page 87 of 139 License Types (continued) Transporter Transporters may transport immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products to licensed cannabis businesses. Testing Facility Testing facilities may obtain and test immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from licensed cannabis businesses. Event Organizer Event organizers may organize a temporary cannabis event lasting no more than four days. Delivery Service Delivery services may purchase cannabis, cannabis products, and hemp products from retailers or cannabis business with retail endorsements for transport and delivery to customers. Medical Cannabis Combination Business Medical cannabis combination businesses may cultivate cannabis and manufacture cannabis and hemp products, and package such products for sale to customers, patients, or another licensed cannabis business. Medical cannabis combination businesses may operate up to one retail location in each congressional district. Lower-Potency Hemp Edible Manufacturer Lower-potency hemp edible manufacturers may manufacture and package lower-potency hemp edibles for consumer sale, and sell hemp concentrate and lower-potency hemp edibles to other cannabis and hemp businesses. Lower-Potency Hemp Edible Retailer Lower-potency hemp edible retailers may sell lower-potency hemp edibles to customers. Each license is subject to further restrictions on allowable activities. Maximum cultivation area and manufacturing allowances vary by license type. Allowable product purchase, transfer, and sale between licensees are subject to restrictions in the law. Page 6 Page 88 of 139 The Adult-Use Cannabis Law Minnesota’s new adult-use cannabis law permits the personal use, possession, and transportation of cannabis by those 21 years of age and older, and allows licensed businesses to conduct cultivation, manufacturing, transport, delivery, and sale of cannabis and cannabis products. For Individuals Possession limits: Flower - 2 oz. in public, 2 lbs. in private residence Concentrate - 8 g Edibles (including lower-potency hemp) - 800 mg THC Consumption only allowed on private property or at licensed businesses with on-site consumption endorsements. Consumption not allowed in public. Gifting cannabis to another individual over 21 years old is allowed, subject to possession limits. Home cultivation is limited to four mature and four immature plants (eight total) in a single residence. Plants must be in an enclosed and locked space. Home extraction using volatile substances (e.g., butane, ethanol) is not allowed. Unlicensed sales are not allowed. For Businesses Advertising: May not include or appeal to those under 21 years old. Must include proper warning statements. May not include misleading claims or false statements. Billboards are not allowed. The flow of all products through the supply chain must be tracked by the state-authorized tracking system. All products sold to consumers and patients must be tested for contaminants. Home delivery is allowed by licensed businesses. Page 7 Page 89 of 139 The Cannabis Licensing Process An applicant will take the following steps to proceed from application to active licensure. As described, processes vary depending on social equity status and/or whether the type of license being sought is capped or uncapped in the general licensing process. License Preapproval: Early Mover Process for Social Equity Applicants The license preapproval process is a one-time application process available for verified social equity applicants. State law requires OCM to open the application window on July 24, 2024, and close the window on August 12, 2024. The preapproval process is available for the following license types, and all are capped in this process: microbusiness, mezzobusiness, cultivator, retailer, wholesaler, transporter, testing facility, and delivery service. Applicant’s social equity applicant (SEA) status verified. Complete application and submit application fees. Application vetted for minimum requirements by OCM. Application (if qualified) entered into lottery drawing. If selected in lottery, OCM completes background check of selected applicant and issues license preapproval. Applicant with license preapproval* submits business location and amends application accordingly. OCM forwards completed application to local government. Local government completes certification of zoning compliance. OCM conducts site inspection. When regulations are adopted, license becomes active, operations may commence. *For social equity applicants with license preapproval for microbusiness, mezzobusiness, or a cultivator license, they may begin growing cannabis plants prior to the adoption of rules if OCM receives approval from local governments in a form and manner determined by the office. This is only applicable to cultivation and does not authorize retail sales or other endorsed activities of the licenses prior to the adoption of rules. Preapproval steps: Page 8 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Page 90 of 139 The Cannabis Licensing Process (cont.) The general licensing process will align with the adoption of rules and OCM will share more information about the timing of general licensing process. The general licensing process includes social equity applicants and non-social equity applicants. General Licensing: Cultivator, Manufacturer, Retailer, Mezzobusiness Complete application and submit application fees. Application vetted for minimum requirements by OCM. Application (if qualified) entered into lottery drawing. If selected in lottery, OCM completes background check of selected applicant and issues preliminary approval. Applicant with preliminary approval submits business location and amends application accordingly. OCM forwards completed application to local government. Local government completes certification of zoning compliance. OCM conducts site inspection. License becomes active, operations may commence.* General Licensing: Microbusiness, Wholesaler, Transporter, Testing Facility, Event Organizer Complete application and submit application fees.1. Application vetted for minimum requirements by OCM.2. For qualified applicants, OCM completes background check of vetted applicant and issues preliminary approval. 3. Selected applicant submits business location and amends application accordingly.4. OCM forwards completed application to local government.5. Local government completes certification of zoning compliance.6. OCM conducts site inspection.7. License becomes active, operations may commence.*8. 1. 2. 3. 4. 5. 6. 7. 8. 9. *For businesses seeking a retail endorsement (microbusiness, mezzobusiness, and retailer), a valid local retail registration is required prior to the business commencing any retail sales. See Page 16 for information on the local retail registration process. Page 9 Page 91 of 139 General Authorities Local governments in Minnesota have various means of oversight over the cannabis market, as provided by the adult-use cannabis law. Local governments may not issue outright bans on cannabis business, or limit operations in a manner beyond what is provided by state law. Cannabis Retail Restrictions (342.13) Local governments may limit the number of retailers and microbusiness/mezzobusinesses with retail endorsements allowed within their locality, as long as there is at least one retail location per 12,500 residents. Local units of government are not obligated to seek out a business to register as cannabis business if they have not been approached by any potential applicants, but cannot prohibit the establishment of a business if this population requirement is not met. Local units of government may also issue more than the minimum number of registrations. Per statutory direction, a municipal cannabis store (Page 19) cannot be included in the minimum number of registrations required. For population counts, the state demographer estimates will likely be utilized. Tribal Governments (342.13) OCM is prohibited from and will not issue state licenses to businesses in Indian Country without consent from a tribal nation. Tribal nations hold the authority to license tribal cannabis businesses on tribal lands – this process is separate than OCM’s licensing process and authority. Subject to compacting, Tribal nations may operate cannabis businesses off tribal lands. There will be more information available once the compacting processes are complete. Taxes (295.81; 295.82) Retail sales of taxable cannabis products are subject to the state and local sales and use tax and a 10% gross receipts tax. Cannabis gross receipts tax proceeds are allocated as follows: 20% to the local government cannabis aid account and 80% to the state general fund. Local taxes imposed solely on sale of cannabis products are prohibited. Cannabis retailers will be subject to the same real property tax classification as all other retail businesses. Real property used for raising, cultivating, processing, or storing cannabis plants, cannabis flower, or cannabis products for sale will be classified as commercial and industrial property. Page 10 Page 92 of 139 General Authorities (cont.) Retail Timing Restrictions (342.13) Local governments may prohibit retail sales of cannabis between the hours of 8 a.m. and 10 a.m. Monday-Saturday, and 9 p.m. and 2 a.m. the following day. Operating Multiple Locations with One License Certain cannabis licenses allow for multiple retail locations to be operated under a single license, with the following limitations: Retailers: up to five retail locations. Mezzobusinesses: up to three retail locations. Microbusinesses: up to one retail location. Medical cannabis combination businesses: one retail location per congressional district. Additionally, medical cannabis combination businesses may cultivate at more than one location within other limitations on cultivation. For all other license types, one license permits the operation of one location. Each retail location requires local certification and/or registration. Page 11 Page 93 of 139 Zoning and Land Use Buffer Guidelines (342.13) State law does not restrict how a local government conducts its zoning designations for cannabis businesses, except that they may prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including playgrounds and athletic fields. Zoning Guidelines While each locality conducts its zoning differently, a few themes have emerged across the country. For example, cannabis manufacturing facilities are often placed in industrial zones, while cannabis retailers are typically found in commercial/retail zones. Cannabis retail facilities align with general retail establishments and are prohibited from allowing consumption or use onsite, and are also required to have plans to prevent the visibility of cannabis and hemp-derived products to individuals outside the retail location. Industrial hemp is an agricultural product, and should be zoned as such. Cannabis businesses should be zoned under existing zoning ordinances in accordance with the license type or endorsed activities held by the cannabis business. Note that certain types of licenses may be able to perform multiple activities which may have different zoning analogues. In the same way municipalities may zone a microbrewery that predominately sells directly to onsite consumers differently than a microbrewery that sells packaged beer to retailers and restaurants, so too might a municipality wish to zone two microbusinesses based on the actual activities that each business is undertaking. Table 1, included on Pages 13 and 14, explains the types of activities that cannabis businesses might undertake, as well as, some recommended existing zoning categories. Page 12 Page 94 of 139 Endorsed Activity License Type Eligible to Do Endorsed Activity Description of Activity Comparable Districts Municipal Considerations Cultivation Cultivator Mezzobusiness Microbusiness Medical Cannabis Combination "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts. Indoor: Industrial, Commercial, Production Outdoor: Agricultural Odor Potential need for transportation from facility Waste, water, and energy usage Security Cannabis Manufacturing, Processing, Extraction Manufacturer Mezzobusiness Microbusiness Medical Cannabis Combination This group of endorsed activities turn raw, dried cannabis and cannabis parts into other types of cannabis products, e.g. edibles or topicals. Industrial, Commercial, Production Odor Potential need for transportation from facility Waste, water, and energy usage Security Hemp Manufacturing Lower-Potency Hemp Edible (LPHE) Manufacturing These business convert hemp into LPHE edible prodcuts. Industrial, Commercial, Production Odor Waste, water, and energy Wholesale Wholesale Cultivator Manufacturer Mezzobusiness Microbusiness Medical Cannabis Combination This activity and license type allows a business to purchase from a business growing or manufacturing cannabis or cannabis products and sell to a cannabis business engaged in retail. Industrial, Commercial, Production Need for transportation from facility Security Page 13 Zoning and Land Use (cont.) Table 1: Cannabis and Hemp Business Activities Page 95 of 139 Page 14 Endorsed Activity License Type Eligible to Do Endorsed Activity Description of Activity Comparable Districts Municipal Considerations Cannabis Retail Retailer Mezzobusiness Microbusiness Medical Cannabis Combination This endorsed activity and license types allow a business to sell cannabis and cannabis products directly to consumers. Retail, Neighborhood Shopping Districts, Light Industrial, Existing districts where off-sale liquor or tobacco sales are allowed. Micros may offer onsite consumption, similar to breweries. Micros and Mezzos may include multiple activities: cultivation, manufacture, and/or retail. Transportation Cannabis Transporter This license type allows a company to transport products from one license type to another. Fleet based business that will own multiple vehicles, but not necessarily hold a substantial amount of cannabis or cannabis products. Delivery Cannabis Delivery This license type allows for transportation to the end consumer. Fleet based business that will own multiple vehicles, but not necessarily hold a substantial amount of cannabis or cannabis products. Events Event Organizer This license entitles license holder to organizer a temporary event lasting no more than four days. Anywhere that the city permits events to occur, subject to other restrictions related to cannabis use. On site consumption. Retail sales by a licensed or endorsed retail business possible. Zoning and Land Use (cont.) Table 1: Cannabis and Hemp Business Activities (continued) Page 96 of 139 Local Approval Process Local governments play a critical role in the licensing process, serving as a near-final approval check on cannabis businesses nearing the awarding of a state license for operations. Once an applicant has been vetted by OCM and is selected for proceeding in the verification process, they are then required to receive the local government’s certification of zoning compliance and/or local retail registration before operations may commence. Local Certification of Zoning Compliance (342.13; 342.14) Following OCM’s vetting process, local governments must certify that the applicant with preliminary approval has achieved compliance with local zoning ordinances prior to the licensee receiving final approval from OCM to commence operations. During the application and licensing process for cannabis businesses, OCM will notify a local government when an applicant intends to operate within their jurisdiction and request a certification as to whether a proposed cannabis business complies with local zoning ordinances, and if applicable, whether the proposed business complies with state fire code and building code. According to Minnesota’s cannabis law, a local unit of government has 30 days to respond to this request for certification of compliance. If a local government does not respond to OCM’s request for certification of compliance within the 30 days, the cannabis law allows OCM to issue a license. OCM may not issue the final approval for a license if the local government has indicated they are not in compliance. OCM will work with local governments to access the licensing software system to complete this zoning certification process. Page 15 Page 97 of 139 Local Approval Process (cont.) Local Retail Registration Process (342.22) Once the licensing process begins, local government registration applies to cannabis retailers or other cannabis/hemp businesses seeking a retail endorsement. Local governments must issue a retail registration after verifying that: The business has a valid license or license preapproval issued by OCM. The business has paid a registration fee or renewal fee to the local government; Initial registration fees collected by a local government may be $500 or half the amount of the applicable initial license fee, whichever is less, and renewal registration fees may be $1,000 or half the amount of the applicable renewal license fee, whichever is less. The business is found to be in compliance with Chapter 342 and local ordinances. If applicable, the business is current on all property taxes and assessments for the proposed retail location. Local registrations may also be issued by counties if the respective local government transfers such authorities to the county. Determining a Process for Limiting Retail Registrations If a local government wishes to place a limitation on the number of retailers and microbusiness/mezzobusinesses with retail endorsements allowed within their locality (as long as there is at least one retail location per 12,500 residents, see Page 10), state law does not define the process for a local government’s selection if there are more applicants than registrations available. A few options for this process include the use of a lottery, a first-come/first-serve model, a rolling basis, and others. Local governments should work with an attorney to determine their specific process for selection if they wish to limit the number of licensed cannabis retailers per 342.13. Local governments are not required to limit the number of licensed cannabis retailers. Page 16 Page 98 of 139 Local Approval Process (cont.) Local governments are permitted specific authorities for registration refusal and registration suspension, in addition to—and not in conflict with—OCM authorities. Registration and Renewal Refusals Local governments may refuse the registration and/or certification of a license renewal if the license is associated with an individual or business who no longer holds a valid license, has failed to pay the local registration or renewal fee, or has been found in noncompliance in connection with a preliminary or renewal compliance check. Local Registration Suspension (342.22) Local governments may suspend the local retail registration of a cannabis business or hemp business if the business is determined to not be operating in compliance with a local ordinance authorized by 342.13 or if the operation of the business poses an immediate threat to the health and safety of the public. The local government must immediately notify OCM of the suspension if it occurs. OCM will review the suspension and may reinstate the registration or take enforcement action. Expedited Complaint Process (342.13) Per state law, OCM will establish an expedited complaint process during the rulemaking process to receive, review, read, and respond to complaints made by a local unit of government about a cannabis business. Upon promulgation of rules, OCM will publish the complaint process. At a minimum, the expedited complaint process shall require the office to provide an initial response to the complaint within seven days and perform any necessary inspections within 30 days. Within this process, if a local government notifies OCM that a cannabis business poses an immediate threat to the health or safety of the public, the office must respond within one business day. Page 17 Page 99 of 139 Inspections & Compliance Checks Local governments are permitted specific business inspection and compliance check authorities, in addition to—and not in conflict with—OCM authorities. Inspections and Compliance Checks (342.22) Local governments must conduct compliance checks for cannabis and hemp businesses holding retail registration at least once per calendar year. These compliance checks must verify compliance with age verification procedures and compliance with any applicable local ordinance established pursuant to 342.13. OCM maintains inspection authorities for all cannabis licenses to verify compliance with operation requirements, product limits, and other applicable requirements of Chapter 342. Page 18 Page 100 of 139 Municipal Cannabis Stores State law requires OCM issue a license to a city or county seeking to operate a single municipal cannabis store if the city or county: As authorized in Chapter 342.32, local governments are permitted to apply for a cannabis retail license to establish and operate a municipal cannabis store. Submits required application information to OCM, Meets minimum requirements for licensure, and Pays applicable application and license fee. A municipal cannabis store will not be included in the total count of retail licenses issued by the state under Chapter 342. A municipal cannabis store cannot be counted as retail registration for purposes of determining whether a municipality’s cap on retail registrations imposed by ordinance. Page 19 Page 101 of 139 Creating Your Local Ordinance Local governments may not prohibit the possession, transportation, or use of cannabis, or the establishment or operation of a cannabis business licensed under state law. Local governments may adopt reasonable restrictions on the time, place, and manner of cannabis business operations (see Page 11). Local governments may adopt interim ordinances to protect public safety and welfare, as any studies and/or further considerations on local cannabis activities are being conducted, until January 1, 2025. A public hearing must be held prior to adoption of an interim ordinance. If your local government wishes to operate a municipal cannabis store, the establishment and operation of such a facility must be considered in a local ordinance. As authorized in 342.13, a local government may adopt a local ordinance regarding cannabis businesses. Establishing local governments’ ordinances on cannabis businesses in a timely manner is critical for the ability for local cities or towns to establish local control as described in the law, and is necessary for the success of the statewide industry and the ability of local governments to protect public health and safety. The cannabis market’s potential to create jobs, generate revenue, and contribute to economic development at the local and state level is supported through local ordinance work. The issuance of local certifications and registrations to prospective cannabis businesses is also dependent on local ordinances. Model Ordinance For additional guidance regarding the creation of a cannabis related ordinance, please reference the addendum in this packet. Page 20 Page 102 of 139 Additional Resources OCM Toolkit for Local Partners Please visit OCM webpage (mn.gov/ocm/local-governments/) for additional information, including a toolkit of resources developed specifically for local government partners. The webpage will be updated as additional information becomes available and as state regulations are adopted. These resources are also included in the addendum of this packet. Toolkit resources include: Appendix A: Model Ordinance Appendix B: Hemp Flower and Hemp-Derived Cannabinoid Product Checklist Appendix C: Enforcement Notice from the Office of Cannabis Management Appendix D: Notice to Unlawful Cannabis Sellers Local Organizations There are several organizations who also have developed resources to support local governments regarding the cannabis industry. Please feel free to contact the following for additional resources: League of Minnesota Cities Association of Minnesota Counties Minnesota Public Health Law Center Page 21 Page 103 of 139 Appendix A: Model Ordinance Page 104 of 139 Cannabis Model Ordinance The following model ordinance is meant to be used as a resource for cities, counties, and townships within Minnesota. The italicized text in red is meant to provide commentary and notes to jurisdictions considering using this ordinance and should be removed from any ordinance formally adopted by said jurisdiction. Certain items are not required to be included in the adopted ordinance: ‘OR’ and (optional) are placed throughout for areas where a jurisdiction may want to consider one or more choices on language. Section 1 Administration Section 2 Registration of Cannabis Business Section 3 Requirements for a Cannabis Business (Time, Place, Manner) Section 4 Temporary Cannabis Events Section 5 Lower Potency Hemp Edibles Section 6 Local Government as a Retailer Section 7 Use of Cannabis in Public AN ORDINANCE OF THE (CITY/COUNTY OF ______) TO REGULATE CANNABIS BUSINESSES The (city council/town board/county board) of (city/town/county) hereby ordains: Section 1. Administration 1.1 Findings and Purpose (insert local authority) makes the following legislative findings: The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes (insert local authority) to protect the public health, safety, welfare of (insert local here) residents by regulating cannabis businesses within the legal boundaries of (insert local here). (insert local authority) finds and concludes that the proposed provisions are appropriate and lawful land use regulations for (insert local here), that the proposed amendments will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good. 1.2 Authority & Jurisdiction A county can adopt an ordinance that applies to unincorporated areas and cities that have delegated authority to impose local zoning controls. (insert local authority) has the authority to adopt this ordinance pursuant to: a) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of Page 105 of 139 a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. b) Minn. Stat. 342.22, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses. c) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places. d) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning ordinances. Ordinance shall be applicable to the legal boundaries of (insert local here). (Optional) (insert city here) has delegated cannabis retail registration authority to (insert county here). However, (insert city here) may adopt ordinances under Sections (2.6, 3 and 4) if (insert county here) has not adopted conflicting provisions. 1.3 Severability If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 1.4 Enforcement The elected body of a jurisdiction can choose to designate an official to administer and enforce this ordinance. The (insert name of local government or designated official) is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance. 1.5 Definitions 1. Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this ordinance. 2. Cannabis Cultivation: A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant. harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office. 3. Cannabis Retail Businesses: A retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, (and/excluding) lower-potency hemp edible retailers. Page 106 of 139 4. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. 5. Daycare: A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. 6. Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50. 7. Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to as “OCM” in this ordinance. 8. Place of Public Accommodation: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public. 9. Preliminary License Approval: OCM pre-approval for a cannabis business license for applicants who qualify under Minn. Stat. 342.17. 10. Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. 11. Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23. 12. Retail Registration: An approved registration issued by the (insert local here) to a state- licensed cannabis retail business. 13. School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. 120A.24. 14. State License: An approved license issued by the State of Minnesota’s Office of Cannabis Management to a cannabis retail business. Section 2. Registration of Cannabis Businesses A city or town can delegate authority for registration to the County. A city or town can still adopt specific requirement regarding zoning, buffers, and use in public places, provided said requirements are not in conflict with an ordinance adopted under the delegated authority granted to the County. 2.1 Consent to registering of Cannabis Businesses No individual or entity may operate a state-licensed cannabis retail business within (insert local here) without first registering with (insert local here). Any state-licensed cannabis retail business that sells to a customer or patient without valid retail registration shall incur a civil penalty of (up to $2,000) for each violation. Notwithstanding the foregoing provisions, the state shall not issue a license to any cannabis business to operate in Indian country, as defined in United States Code, title 18, section 1151, of a Minnesota Tribal government without the consent of the Tribal government. Page 107 of 139 2.2 Compliance Checks Prior to Retail Registration A jurisdiction can choose to conduct a preliminary compliance check prior to issuance of retail registration. Prior to issuance of a cannabis retail business registration, (insert local here) (shall/shall not) conduct a preliminary compliance check to ensure compliance with local ordinances. Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application from OCM, (insert local here) shall certify on a form provided by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and building code. 2.3 Registration & Application Procedure 2.3.1 Fees. (insert local here) shall not charge an application fee. A registration fee, as established in (insert local here)’s fee schedule, shall be charged to applicants depending on the type of retail business license applied for. An initial retail registration fee shall not exceed $500 or half the amount of an initial state license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee shall include the initial retail registration fee and the first annual renewal fee. Any renewal retail registration fee imposed by (insert local here) shall be charged at the time of the second renewal and each subsequent renewal thereafter. A renewal retail registration fee shall not exceed $1,000 or half the amount of a renewal state license fee under Minn. Stat. 342.11, whichever is less. A medical combination business operating an adult-use retail location may only be charged a single registration fee, not to exceed the lesser of a single retail registration fee, defined under this section, of the adult-use retail business. 2.3.2 Application Submittal. The (insert local here) shall issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22. (A) An applicant for a retail registration shall fill out an application form, as provided by the (insert local here). Said form shall include, but is not limited to: i. Full name of the property owner and applicant; ii. Address, email address, and telephone number of the applicant; iii. The address and parcel ID for the property which the retail registration is sought; iv. Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13. v. (Insert additional standards here) (B) The applicant shall include with the form: Page 108 of 139 i. the application fee as required in [Section 2.3.1]; ii. a copy of a valid state license or written notice of OCM license preapproval; iii. (Insert additional standards here) (C) Once an application is considered complete, the (insert local government designee) shall inform the applicant as such, process the application fees, and forward the application to the (insert staff/department, or elected body that will approve or deny the request) for approval or denial. (D) The application fee shall be non-refundable once processed. 2.3.3 Application Approval (A) (Optional) A state-licensed cannabis retail business application shall not be approved if the cannabis retail business would exceed the maximum number of registered cannabis retail businesses permitted under Section 2.6. (B) A state-licensed cannabis retail business application shall not be approved or renewed if the applicant is unable to meet the requirements of this ordinance. (C) A state-licensed cannabis retail business application that meets the requirements of this ordinance shall be approved. 2.3.4 Annual Compliance Checks. The (insert local here) shall complete at minimum one compliance check per calendar year of every cannabis business to assess if the business meets age verification requirements, as required under [Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24] and this/these [chapter/section/ordinances]. The (insert local here) shall conduct at minimum one unannounced age verification compliance check at least once per calendar year. Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer or an employee of the local unit of government. Any failures under this section must be reported to the Office of Cannabis Management. 2.3.5 Location Change A jurisdiction may decide to treat location changes as a new registration, or alternatively treat a location change as allowable subject to compliance with the rest of the registration process. A state-licensed cannabis retail business shall be required to submit a new application for registration under Section 2.3.2 if it seeks to move to a new location still within the legal boundaries of (insert local here). Page 109 of 139 or If a state-licensed cannabis retail business seeks to move to a new location still within the legal boundaries of (insert local here), it shall notify (insert local here) of the proposed location change, and submit necessary information to meet all the criteria in this paragraph. 2.4 Renewal of Registration The (insert local here) shall renew an annual registration of a state-licensed cannabis retail business at the same time OCM renews the cannabis retail business’ license. A state-licensed cannabis retail business shall apply to renew registration on a form established by (insert local here). A cannabis retail registration issued under this ordinance shall not be transferred. 2.4.1 Renewal Fees. The (insert local here) may charge a renewal fee for the registration starting at the second renewal, as established in (insert local here)’s fee schedule. 2.4.2 Renewal Application. The application for renewal of a retail registration shall include, but is not limited to: • Items required under Section 2.3.2 of this Ordinance. • Insert additional items here 2.5 Suspension of Registration 2.5.1 When Suspension is Warranted. The (insert local here) may suspend a cannabis retail business’s registration if it violates the ordinance of (insert local here) or poses an immediate threat to the health or safety of the public. The (insert local here) shall immediately notify the cannabis retail business in writing the grounds for the suspension. 2.5.2 Notification to OCM. The (insert local here) shall immediately notify the OCM in writing the grounds for the suspension. OCM will provide (insert local here) and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days. 2.5.3 Length of Suspension. A jurisdiction can wait for a determination from the OCM before reinstating a registration. The suspension of a cannabis retail business registration may be for up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended. Page 110 of 139 The (insert local here) may reinstate a registration if it determines that the violations have been resolved. The (insert local here) shall reinstate a registration if OCM determines that the violation(s) have been resolved. 2.5.4 Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the (insert local here) may impose a civil penalty, as specified in the (insert local here)’s Fee Schedule, for registration violations, not to exceed $2,000. 2.6 Limiting of Registrations A jurisdiction may choose to set a limit on the number of retail registrations within its boundaries. The jurisdiction may not however, limit the number of registrations to fewer than one per 12,500 residents. (Optional) The (insert local here) shall limit the number of cannabis retail businesses to no fewer than one registration for every 12,500 residents within (insert local legal boundaries here). (Optional) If (insert county here) has one active cannabis retail businesses registration for every 12,500 residents, the (insert local here) shall not be required to register additional state-licensed cannabis retail businesses. (Optional) The (insert local here) shall limit the number of cannabis retail businesses to (insert number <= minimum required). Section 3. Requirements for Cannabis Businesses State Statutes note that jurisdictions may “adopt reasonable restrictions on the time, place, and manner of the operation of a cannabis business.” A jurisdiction considering other siting requirements (such as a buffer between cannabis businesses, or a buffer from churches) should consider whether there is a basis to adopt such restrictions. 3.1 Minimum Buffer Requirements A jurisdiction can adopt buffer requirements that prohibit the operation of a cannabis business within a certain distance of schools, daycares, residential treatment facilities, or from an attraction within a public park that is regularly used by minors, including a playground or athletic field. Buffer requirements are optional. A jurisdiction cannot adopt larger buffer requirements than the requirements here in Section 3.1. A jurisdiction should use a measuring system consistent with the rest of its ordinances, e.g. from lot line or center point of lot. (Optional) The (insert local here) shall prohibit the operation of a cannabis business within [0-1,000] feet of a school. Page 111 of 139 (Optional) The (insert local here) shall prohibit the operation of a cannabis business within [0-500] feet of a day care. (Optional) The (insert local here) shall prohibit the operation of a cannabis business within [0-500] feet of a residential treatment facility. (Optional) The (insert local here) shall prohibit the operation of a cannabis business within [0-500] feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. (Optional) The (insert local here) shall prohibit the operation of a cannabis retail business within [X] feet of another cannabis retail business. Pursuant to Minn. Stat. 462.367 subd. 14, nothing in Section 3.1 shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a (school/daycare/residential treatment facility/attraction within a public park that is regularly used by minors) moves within the minimum buffer zone. 3.2 Zoning and Land Use For jurisdictions with zoning, said jurisdiction can limit what zone(s) Cannabis businesses can operate in. As with other uses in a Zoning Ordinance, a jurisdiction can also determine if such use requires a Conditional or Interim Use permit. A jurisdiction cannot outright prohibit a cannabis business. A jurisdiction should amend their Zoning Ordinance and list what zone(s) Cannabis businesses are permitted in, and whether they are permitted, conditional, or interim uses. While each locality conducts its zoning differently, a few themes have emerged across the country. For example, cannabis manufacturing facilities are often placed in industrial zones, while cannabis retailers are typically found in commercial/retail zones. Cannabis retail facilities align with general retail establishments and are prohibited from allowing consumption or use onsite and are also required to have plans to prevent the visibility of cannabis and hemp-derived products to individuals outside the retail location. Cannabis businesses should be zoned under existing zoning ordinances in accordance with the license type or endorsed activities held by the cannabis business. 3.2.1. Cultivation. Cannabis businesses licensed or endorsed for cultivation are permitted as a (type of use) in the following zoning districts: •(Insert zoning districts use is permitted in here) •(Insert zoning districts use is permitted in here) 3.2.1. Cannabis Manufacturer. Cannabis businesses licensed or endorsed for cannabis manufacturer are permitted as a (type of use) in the following zoning districts: •(Insert zoning districts use is permitted in here) •(Insert zoning districts use is permitted in here) Page 112 of 139 3.2.1. Hemp Manufacturer. Businesses licensed or endorsed for low-potency hemp edible manufacturers permitted as a (type of use) in the following zoning districts: •(Insert zoning districts use is permitted in here) •(Insert zoning districts use is permitted in here) 3.2.1. Wholesale. Cannabis businesses licensed or endorsed for wholesale are permitted as a (type of use) in the following zoning districts: •(Insert zoning districts use is permitted in here) •(Insert zoning districts use is permitted in here) 3.2.1. Cannabis Retail. Cannabis businesses licensed or endorsed for cannabis retail are permitted as a (type of use) in the following zoning districts: •(Insert zoning districts use is permitted in here) •(Insert zoning districts use is permitted in here) 3.2.1. Cannabis Transportation. Cannabis businesses licensed or endorsed for transportation are permitted as a (type of use) in the following zoning districts: •(Insert zoning districts use is permitted in here) •(Insert zoning districts use is permitted in here) 3.2.1. Cannabis Delivery. Cannabis businesses licensed or endorsed for delivery are permitted as a (type of use) in the following zoning districts: •(Insert zoning districts use is permitted in here) •(Insert zoning districts use is permitted in here) 3.3 3.4 Hours of Operation A jurisdiction may adopt an ordinance limiting hours of operation to the hours between 10 a.m. and 9 p.m., seven days a week. State statute prohibits the sale of cannabis between 2 a.m. and 8 a.m., Monday through Saturday, and between 2 a.m. and 10 a.m. on Sundays. (Optional) Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of (insert time here) and (insert time here). (Optional) Advertising Cannabis businesses are permitted to erect up to two fixed signs on the exterior of the building or property of the business, unless otherwise limited by (insert local here)’s sign ordinances. Page 113 of 139 Section 4. Temporary Cannabis Events Any individual or business seeking to obtain a cannabis event license must provide OCM information about the time, location, layout, number of business participants, and hours of operation. A cannabis event organizer must receive local approval, including obtaining any necessary permits or licenses issued by a local unit of government before holding a cannabis event. 4.1 License or Permit Required for Temporary Cannabis Events 4.1.1 License Required. A cannabis event organizer license entitles the license holder to organize a temporary cannabis event lasting no more than four days. A jurisdiction should determine what type of approval is consistent with their existing ordinances for events. A license or permit is required to be issued and approved by (insert local here) prior to holding a Temporary Cannabis Event. 4.1.2 Registration & Application Procedure A registration fee, as established in (insert local here)’s fee schedule, shall be charged to applicants for Temporary Cannabis Events. 4.1.3 Application Submittal & Review. The (insert local here) shall require an application for Temporary Cannabis Events. (A)An applicant for a retail registration shall fill out an application form, as provided by the (insert local here). Said form shall include, but is not limited to: i.Full name of the property owner and applicant; ii.Address, email address, and telephone number of the applicant; iii.(Insert additional standards here) (B)The applicant shall include with the form: i.the application fee as required in (Section 4.1.2); ii.a copy of the OCM cannabis event license application, submitted pursuant to 342.39 subd. 2. The application shall be submitted to the (insert local authority), or other designee for review. If the designee determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deficiencies. (C)Once an application is considered complete, the designee shall inform the applicant as such, process the application fees, and forward the application to the (insert staff/department, or elected body that will approve or deny the request) for approval or denial. (D)The application fee shall be non-refundable once processed. (E)The application for a license for a Temporary Cannabis Event shall meet the following standards: Page 114 of 139 A jurisdiction may establish standards for Temporary cannabis events which the event organizer must meet, including restricting or prohibiting any on-site consumption. If there are public health, safety, or welfare concerns associated with a proposed cannabis event, a jurisdiction would presumably be authorized to deny approval of that event. •Insert standards here (G)A request for a Temporary Cannabis Event that meets the requirements of this Section shall be approved. (H)A request for a Temporary Cannabis Event that does not meet the requirements of this Section shall be denied. The (insert city/town/county) shall notify the applicant of the standards not met and basis for denial. (Optional) Temporary cannabis events shall only be held at (insert local place). (Optional) Temporary cannabis events shall only be held between the hours of (insert start time) and (insert stop time). Section 5. (Optional) Lower-Potency Hemp Edibles A jurisdiction can establish different standards or requirements regarding Low-Potency Edibles. A jurisdiction can consider including the following section and subsections in their cannabis ordinance. 5.1 Sale of Low-Potency Hemp Edibles The sale of Low-Potency Edibles is permitted, subject to the conditions within this Section. 5.2 Zoning Districts If sales are permitted, a jurisdiction can limit what zone(s) the sales of Low-Potency Edibles can take place in. A jurisdiction can also determine if such activity requires a Conditional or Interim Use permit. Low-Potency Edibles businesses are permitted as a (type of use) in the following zoning districts: •(Insert zoning districts use is permitted in here) •(Insert zoning districts use is permitted in here) 5.3 (Optional) Additional Standards 5.3.1 Sales within Municipal Liquor Store. A jurisdiction that already operates a Municipal Liquor Store may sell Low-Potency Edibles within the same store. The sale of Low-Potency Edibles is permitted in a Municipal Liquor Store. 5.3.2 Age Requirements. A jurisdiction is able to restrict the sale of Low-Potency Edibles to locations such as bars. Page 115 of 139 The sale of Low-Potency Edibles is permitted only in places that admit persons 21 years of age or older. 5.3.3 Beverages. The sale of Low-Potency Hemp Beverages is permitted in places that meet requirements of this Section. 5.3.4 Storage of Product. A jurisdiction is able to set requirements on storage and sales of Low-Potency Edibles. Low-Potency Edibles shall be sold behind a counter, and stored in a locked case. Section 6. (Optional) Local Government as a Cannabis Retailer (insert local here) may establish, own, and operate one municipal cannabis retail business subject to the restrictions in this chapter. The municipal cannabis retail store shall not be included in any limitation of the number of registered cannabis retail businesses under Section 2.6. (insert local here) shall be subject to all same rental license requirements and procedures applicable to all other applicants. Section 7 Use in Public Places No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment or an event licensed to permit on-site consumption of adult-use. Page 116 of 139 Appendix B: Hemp Flower and Hemp- Derived Cannabinoid Product Checklist Page 117 of 139 Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 1 Office of Cannabis Management Department of Health Hemp Flower and Hemp-Derived Cannabinoid Product Checklist Minnesota Statute 18K.02, Definitions Minnesota Statute 152.01, Subdivision 9 Minnesota Statute 151.72, Sale of Certain Cannabinoid Products Minnesota Statute 152.0264, Cannabis Sale Crimes Minnesota Statute 342.09, Personal Adult Use of Cannabis Question Yes No Comments Additional Information Business License and Registration Compliance Is the business registered with the Minnesota Department of Health? All businesses selling hemp-derived cannabinoid products must be registered. See Hemp-Derived Cannabinoid Products (www.health.state.mn.us/people/cannabis/edibles/index.html) If the business offers on-site consumption, do they have a liquor license? Local authorities issue on-site consumption licenses. These are required for all businesses permitting on-site consumption of THC. Product Compliance – All Products Does the business ensure that all sales are made to persons 21 years old or older? Only persons 21 years of age or older may purchase hemp- derived cannabinoid products, with the exception of topicals. These products may be sold to anyone. Does the business have all edible cannabinoid products, except beverages, behind the counter or in a locked cabinet? Businesses must ensure all edible cannabinoid products are secure and inaccessible to customers. Page 118 of 139 Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 2 Question Yes No Comments Additional Information Only delta-8 and delta-9 are allowed for human consumption. Does the business sell edibles or beverages with any other intoxicating cannabinoids? MDH has identified products containing many different intoxicating cannabinoids, such as HHC, THC-O, THC-P, PHC, delta-10, delta-11, delta-8p, delta-9p, etc. The product must contain only delta-8 and/or delta-9. Does the business sell any edible products that are similar to a product marketed to or consumed by children? Edible products that appear similar to candy or snacks marketed toward or consumed by children are not allowed. Does the label on the edible or beverage state “Keep out of reach of children”? All products must include the warning label “Keep out of reach of children.” Is the manufacturer’s name, address, website, and contact phone number included on the label or provided through a QR code? If not, the product is not in compliance. Does the QR code on the product bring the user to a Certificate of Analysis on the website, which includes the name of the independent testing laboratory, cannabinoid profile, and product batch number? All products must be tested by batch in an independent, accredited laboratory. The results must include the cannabinoid profile. Does the label on the product indicate the cannabinoids by serving and in total? The label must indicate the potency by individual serving as well as in total. Page 119 of 139 Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 3 Question Yes No Comments Additional Information Does the label on the product make any claim the product offers any kind of health benefit? Health claims are not permitted on hemp or cannabis products unless approved by the FDA. At this time, there is not an approved statement. Does the label on the product state that the product does not claim to diagnose, treat, cure or prevent any disease? The manufacturer cannot claim the product will provide any health benefit unless the product has been formally approved by the FDA. Does the business sell CBD (or other forms of cannabidiol) in the form of a softgel, tablet, or tincture? Non-intoxicating cannabinoids may only be sold in the form of an edible, beverage, or topical. Therefore, softgels and tablets cannot be sold. Tinctures must be labeled as either an edible or beverage and comply with the edible or beverage requirements. Product Compliance – Edibles Does the edible product contain more than 5 mg delta-8 and/or delta-9 per serving? Edibles may not exceed 5 mg delta-8 and/or delta-9 per serving. Does the edible product package/container contain more than 50 mg total THC (delta-8 and/or delta-9)? Edibles may not exceed 50 mg total delta-8 or delta-9 per package. The edible cannot contain any other form of THC or intoxicating cannabinoid. Are all the edible product’s servings clearly marked, wrapped, or scored on the product? Edible product servings must be clearly distinguished on the product. Bulk products that require the consumer to measure are not allowed. Page 120 of 139 Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 4 Question Yes No Comments Additional Information Does the business sell any edible products in the shape of bears, worms, fruits, rings, ribbons? Edibles in shapes that appeal to children are not allowed. Is the edible product in a child- proof, tamper-evident, opaque container? All edibles must be in a container that is child-resistant and tamper evident. If the container is clear, the business must place the edible into an opaque bag at the point of sale. Clear bags are not allowed. Product Compliance - Beverages Does the beverage product contain more than 5 mg delta-8 or delta-9 per serving? Beverages may not exceed 5 mg delta-8 and/or delta-9 per serving. Does the beverage product contain more than 2 servings? Beverages cannot exceed two servings, regardless of the THC potency. Is the beverage product in an opaque container? If the beverage is in a clear container, the business must place the beverage in an opaque bag at the point of sale. Product Compliance – Smokables (non-flower) Does the business sell vapes, pre- rolls, dabs, or other smokable products which contain more than 0.3% THC? A product’s certificate of analysis will show the concentration of THC the product contains. The certificate typically is found through the QR code on the product package. In MDH’s experience, most vapes contain 50% - 90%+ THC. Pre-rolls may consist of raw hemp flower. These products are not regulated by 151.72. However, if a pre-roll is labeled as “infused” or “coated” have additional cannabinoids applied to the material, of which the product typically exceeds the 0.3% THC limit. Page 121 of 139 Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 5 Question Yes No Comments Additional Information Does the business sell vapes, pre- rolls, dabs, or other smokeable products that contain other intoxicating cannabinoids, such as HHC? MN Statutes do not allow any cannabinoid, other than delta-8 or delta-9, to be sold if the cannabinoid is intended to alter the structure or function of the body. HHC is a cannabinoid known to have potency greater than THC. Does the business sell vapes, pre- rolls, dabs, or other smokable products which contain CBD? Non-intoxicating cannabinoids cannot be smoked, vaped, or inhaled. Product Compliance – Flower Does the business sell raw hemp flower? Raw hemp flower must contain 0.3% or less of delta-9 on a dry weight basis. Products exceeding 0.3% delta-9 dry weight are marijuana, and are illegal for sale. THC-A is the non psychoactive precursor to delta-9. Once heated THC-A converts to delta-9. In that process some amount of THC-A is lost. To determine whether, once heated, the hemp flower will exceed the allowable 0.3% of delta-9, one can use a decarboxylation formula which takes into account the conversion of THC-A into delta-9. That formula is as follows: Total THC = (0.877 X THC-A) + d-9 THC) Raw flower must include a certificate of analysis to show testing below 0.3% delta-9. • A lack of a certificate of analysis would constitute an illegal sale. Page 122 of 139 Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 6 Question Yes No Comments Additional Information • A certificate of analysis showing that under the decarboxylation formula that delta-9 would exceed the 0.3% threshold would also indicate the flower is cannabis and not hemp and therefore being sold illegally. Product Compliance – On-Site Consumption If the business offers on-site consumption, do they serve the edible or beverage in its original packaging? The business may not pour out or remove an edible from its original packaging. If the business offers on-site consumption, do they mix a cannabis-infused beverage with alcohol? The business may not mix cannabis-infused products with alcohol. If the business offers on-site consumption, do they permit customers to remove from the premises products which have been removed from their original packaging? Products which have been removed from their original packaging cannot be removed from the premises by the customer. NOTE: If a person suspects that a hemp-derived cannabinoid product is being sold in violation of Minnesota law, they can use the complaint form at Submitting Hemp-Derived Cannabinoid Product Complaints (www.health.state.mn.us/people/cannabis/edibles/complaints.html). Page 123 of 139 Appendix C: Enforcement Notice from the Office of Cannabis Management Page 124 of 139 Enforcement Notice 1 Enforcement Notice from the Office of Cannabis Management Dear Registered Hemp Derived Cannabinoid Business: The Office of Cannabis Management (OCM), established in 2023, is charged with developing and implementing the operational and regulatory systems to oversee the cannabis industry in Minnesota as provided in Minnesota Statutes Chapter 342. When Minnesota legalized the sale of adult-use of cannabis flower, cannabis products, and lower-potency hemp edibles/ hemp-derived consumer products, the Minnesota Legislature included statutory provisions, Minnesota Statutes, chapter 152.0264, making the sale of cannabis illegal until a business is licensed by OCM. The Office of Cannabis Management has not yet issued licenses for the cultivation, manufacture, wholesale, transportation or retail sale of cannabis, therefore any retail sales of cannabis products, including cannabis flower, are illegal. The Office of Cannabis Management has received complaints of retailers selling cannabis flower under the label of hemp flower. Under an agreement between The Minnesota Department of Health (MDH) and OCM, inspectors from MDH will begin to examine any flower products being sold during their regular inspections to determine whether they are indeed hemp flower or cannabis flower. In distinguishing between hemp and cannabis flower, OCM, consistent with federal rules and regulations related to hemp under 7 CFR 990.1, will consider the total concentration of THC post- decarboxylation, which is the process by which THC-A is converted into Delta-9 to produce an intoxicating effect. The examination of raw flower products will include reviewing the certificate of analysis for compliance in several areas, including: Compliance with the requirement that raw flower listed for sale includes a Certificate of Analysis (COA). Products for sale without a COA will constitute an illegal sale. A COA that affirms concentrations of 0.3% or less of Delta-9 on a dry weight basis. Products exceeding 0.3% Delta-9 dry weight are considered marijuana and are therefore illegal to sell. A COA that confirms that the total levels of Delta-9 and THC-A after the decarboxylation process do not exceed 0.3%. A COA that indicates the raw flower will exceed 0.3 percent Delta-9 post-decarboxylation, or a subsequent test conducted by an independent laboratory utilized by OCM that confirms Delta-9 in excess of 0.3 percent will be considered illegal. Minnesota Statutes, Chapter 342 governs Minnesota’s cannabis market, and empowers OCM to ensure regulatory compliance. Minnesota Statutes, chapter 342.09, subdivision 4 prohibits the retail sale of cannabis flower and cannabis products “without a license issued under this chapter that authorizes the sale.” Page 125 of 139 Enforcement Notice 2 To date, the Office of Cannabis Management has not issued any cannabis licenses, applications for licenses are expected to be available in the first half of 2025. As such, selling cannabis is a clear violation of law. Be aware that under Minnesota Statutes, 342.09, subdivision 6, OCM may assess fines in excess of a $1 million for violations of this law. Likewise, under Minnesota Statutes, chapter 342.19, OCM is empowered to embargo any product that it has “probable cause to believe . . . is being distributed in violation of this chapter or rules adopted under this chapter[.]” Furthermore, violations of law may be considered in future licensing decisions made by OCM. As inspectors enter the field, we encourage you to review the products you are currently selling to ensure they fall within the thresholds outlined above. If you have any questions related to the products you are selling, please send an email to cannabis.info@state.mn.us. Thank you for your attention to this matter. Charlene Briner Interim Director Office of Cannabis Management Page 126 of 139 Appendix D: Notice to Unlawful Cannabis Sellers Page 127 of 139 Notice to Unlawful Cannabis Sellers This notice is to inform you that your current course of action may run afoul of Minnesota law, and continuing this course of action may result in civil actions and potential criminal prosecution. To avoid such outcomes, you should immediately cease and desist any plans to engage in the unlicensed sale of cannabis and cannabis products. Minnesota Statutes, Chapter 342 (www.revisor.mn.gov/statutes/cite/342) governs Minnesota’s cannabis market, and empowers OCM to ensure regulatory compliance. Minnesota Statutes, chapter 342.09, subdivision 4 (www.revisor.mn.gov/statutes/cite/342.09#stat.342.09.4) prohibits the retail sale of cannabis flower and cannabis products “without a license issued under this chapter that authorizes the sale.” To date the Office of Cannabis Management has not issued any retail, or other, cannabis licenses. As such, your plan to sell cannabis in a retail setting at this date would be in flagrant violation of the law. Be aware that under Minnesota Statutes, 342.09, subdivision 6 (www.revisor.mn.gov/statutes/cite/342.09#stat.342.09.6), OCM may assess fines in excess of a $1,000,000 for violations of this law. Likewise, under Minnesota Statutes, chapter 342.19 (www.revisor.mn.gov/statutes/cite/342.19), OCM is empowered to embargo any product that it has “probable cause to believe . . . is being distributed in violation of this chapter or rules adopted under this chapter[.]” It is believed that products attempted to be sold at your retail location might be distributed in violation of the law, and would therefore be subject to embargo by OCM. Under Minnesota Statutes, chapter 342.19, subd. 2 (www.revisor.mn.gov/statutes/cite/342.19#stat.342.19.2), once embargoed OCM “shall release the cannabis plant, cannabis flower, cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product when this chapter and rules adopted under this chapter have been complied with or the item is found not to be in violation of this chapter or rules adopted under this chapter.” While Minnesota has legalized the sale of adult-use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, the legislature did add new statutory provisions, Minnesota Statutes, chapter 152.0264 (www.revisor.mn.gov/statutes/cite/152.0264), making illegal the unlawful sale of cannabis. As there are not yet any licenses issued by OCM for the cultivation, manufacture, wholesale, transportation, or retail of cannabis, any sales of cannabis products in excess of the limits in 152.0264 is illegal. If you are only planning to sell cannabinoid products that are derived from hemp, you should ensure that the sale of those products is consistent with Minnesota Statutes, chapter 151.72 (www.revisor.mn.gov/statutes/cite/151.72), including but not limited to the requirement that your business be registered with the Commissioner of Health, and that all products are in compliance with the relevant statutes. Finally, in addition to the state laws outlined above, please be aware that any retail location must be in compliance with local government ordinances and zoning requirements. OCM takes seriously its charge to enforce Minnesota Statutes, Chapter 342, and its responsibility to ensure a safe and legal cannabis market. In order to avoid the above-described actions, all attempts to open a cannabis retail dispensary in Minnesota without the appropriate license should be ceased. Page 128 of 139 Page 1 of 3 Planning Commission 2025 Proposed Work Plan Initiative Type: Ongoing Target Completion Date: Q4 Lead(s): All Commissioners Initiative Title: Review land use applications Initiative Description: Review land use applications. Send recommendations to Council on CUP, Subdivisions, Site Plans, and Rezoning. Make final decisions on Variances. Deliverable: Recommendations to City Council for consideration, and final decisions on variances. Council Charge: ☐ 1: Study & Report ☐ 2: Review & Comment ☒ 3: Review & Recommend ☒ 4: Review & Decide Budget Required (completed by staff): No. Staff Support Required (completed by staff): Yes, significant staff support required. Staff meets with applicants prepares reports, public notices and Better Together. Presents recommendations to the Commission for consideration. Liaison Comments: 1City Manager Comments: Initiative Type: Project Target Completion Date: Q3 2026 Lead(s): Initiative Title: Update the City’s Zoning Ordinance Initiative Description: This is the follow-up on the 2024 Work Plan item of the audit of the Zoning Ordinance. Update would include desired planning commission consideration of changes to: 50% tear down provision; R-2 upzoning; affordable housing; missing middle. Deliverable: A revised Zoning Ordinance (Chapter 36 of the Edina City Code) Council Charge: ☐ 1: Study & Report ☐ 2: Review & Comment ☒ 3: Review & Recommend ☐ 4: Review & Decide Budget Required (completed by staff): Yes, budget would be required. Staff Support Required (completed by staff): All planning staff will be involved. Addison Lewis would be the staff lead. Liaison Comments: A planning consultant would be required to lead and draft the ordinance revisions. 2City Manager Comments: = commission = staff Page 129 of 139 Page 2 of 3 Initiative Type: Project Target Completion Date: Q4 Lead(s): Initiative Title: Review/Update the Greater Southdale District Design Experience Guidelines Initiative Description: Review and consider revisions to the existing document. Deliverable: A revised Greater Southdale District Design Experience Guidelines Council Charge: ☐ 1: Study & Report ☐ 2: Review & Comment ☒ 3: Review & Recommend ☐ 4: Review & Decide Budget Required (completed by staff): Yes. Would seek assistance from planning consultant AFO, who drafted the existing document. Would come out of the Community Development Department budget. Staff Support Required (completed by staff): Yes. Once the document has been completed, would seek help from Communications with marketing Liaison Comments: 3City Manager Comments: Initiative Type: Project Target Completion Date: Q2 Lead(s): Daye, Felt, Miranda Initiative Title: Lincoln/Londonderry SAP Initiative Description: Small Area Plan Deliverable: Update to the Comprehensive Plan to include the small area plan for the area. Council Charge: ☐ 1: Study & Report ☐ 2: Review & Comment ☒ 3: Review & Recommend ☐ 4: Review & Decide Budget Required (completed by staff): Yes. Already in budget Staff Support Required (completed by staff): Yes, Addison Lewis and Kris Aaker Liaison Comments: 4City Manager Comments: Initiative Type: Project Target Completion Date: Q2 2026 Lead(s): Initiative Title: Area Plan for the Cahill District Initiative Description: Small Area Plan Deliverable: Update to the Comprehensive Plan to include the small area plan for the area. Council Charge: ☐ 1: Study & Report ☐ 2: Review & Comment ☒ 3: Review & Recommend ☐ 4: Review & Decide Budget Required (completed by staff): Budget would be required. Not currently in budget. Staff Support Required (completed by staff): Yes, Communications/marketing Liaison Comments: This could be done as part of the big update to the Comprehensive Plan, which would begin in 2026?5City Manager Comments: Page 130 of 139 Page 3 of 3 Initiative Type: Project Target Completion Date: Q2 2026 Lead(s): Initiative Title: Evaluate the Use/Efficacy of Traffic Studies Initiative Description: Look at process, what goes into the studies, and what the studies are telling us. Work with the Transportation Commission. Deliverable: Council Charge: ☐ 1: Study & Report ☐ 2: Review & Comment ☒ 3: Review & Recommend ☐ 4: Review & Decide Budget Required (completed by staff): No. Staff Support Required (completed by staff): Yes, Communications/marketing Liaison Comments: 6City Manager Comments: Parking Lot Page 131 of 139 BOARD & COMMISSION ITEM REPORT Date: August 28, 2024 Item Activity: Action Meeting: Planning Commission Agenda Number: 7.2 Prepared By: Addison Lewis, Community Development Coordinator Item Type: Report & Recommendation Department: Community Development Item Title: Advisory Communication: Future Areas of Potential Change Action Requested: Motion to approve, modify, or deny the Advisory Communication Information/Background: The 2024 Planning Commission Work Plan includes the directive to "consider the next Areas of Potential Change for future small area planning / lead into the next Comprehensive Plan Update". The Council Charge is Level 3 (Review and Recommend), which requires the Commission to review a specific policy issue and provide a recommendation on the issue to the Council. The lead Commissioner for this item is Commissioner Miranda, with support from Commissioners Daye, Felt, and Padilla. This group has prepared the attached Advisory Communication for consideration by the entire Planning Commission. A simple majority vote is required to forward the Advisory Communication to the Council as the official recommendation of the Commission. Supporting Documentation: 1. Advisory Communication 2. Map Page 132 of 139 Date: To: Mayor & City Council From: Planning Commission Subject: Areas of Potential Change Approved Work Plan Item: X Yes No Council Charge: 1: Study & Report 2: Review & Comment 3: Review & Recommend 4: Review & Decide X Items not on the approved work plan: Council action is rarely taken mid-year for items not on the current approved work plan. Action is only taken if Council chooses to discuss the Advisory Communication at the Council meeting and provides specific direction through a Council vote. Commissions are encouraged to submit new initiative proposals through the annual work plan process. Action Requested: What is the commission asking Council to do? Actions should be included for Review & Recommend (Council Charge 3) or non-work plan items only. For non-work plan items, no action will be taken unless Council chooses to provide direction or otherwise discuss at a future meeting. [Consider the next “Areas of Potential Change” for future small area planning & lead into the next Comprehensive Plan Update. These areas would then be studied further in the next Comprehensive Plan update or earlier if recommended by the City Council.] The City Council asked for a prioritized list of Areas of Potential Change, how they address city goals, & rough boundaries. We have provided that in Table 1. Add the areas in the table below to the 2050 Comprehensive Plan, and start planning now to ensure that sufficient density for transit capacity & sanitary sewer capacity will exist in those areas to allow greater density, rather than redlining them as Edina has done in the past. Situation: Page 133 of 139 2 Explain the exact circumstances of the situation. Exclude non-essential information. The focus should be on the gravity of the situation. Climate Change will cost the city hundreds of millions of dollars over the next 20 years, if things like the Morningside rainwater sewer capacity & routing will be needed throughout the city. Inequity exists today in the form of red-lining sanitary sewer capacity in west Edina, so the city needs to follow through on its Racism & Equity Plan to cover not only city staff & contractors, but city planning for SAPs & Corridors. Increase the city’s tax base to pay for improvements for residents. Background: General information about the topic/issue, what is the City’s current or past stance/policy regarding it, etc. This city has assiduously avoided planning for increased density. The city has not added new areas of potential density, such as new SAPs or corridors, nor has it discussed expanding the very limited physical footprint of its existing SAPs. Residents are not comfortable upzoning the entire city, especially SFH areas, so it’s incumbent upon the Council to find other commercial & higher density areas in which density can be significantly increased. Assessment: Explanation of the Commission’s stance on a particular topic/issue, how it supports existing community goals/visions, etc. If action is requested, this should provide the justification for that action. Land use planning, the domain of the Planning Commission, is very much tied to transportation planning. The city has only a recreational plan for biking, not a multi-modal transportation plan that integrates biking, walking/rolling, & transit. Edina has never had any comprehensive transit planning, despite being a Level 2 transit area for Metro Transit (Metro Transit Transit Market Areas). To continue growing our tax base, we need more density, but to get more density without creating sustainability issues, equity issues, or a complete breakdown in our car-focused transportation (congestion), we need bike & transit transportation plans. We need to start today giving those subjects to the ETC to get started studying. Recommendation: Recommendations should be included for Review & Recommend (Council Charge 3). Include clear explanation of recommendation(s). This section can include a bullet list of each individual recommendation, etc. Staff will provide their recommendations on the staff report. Page 134 of 139 3 Overview Consensus: The core of single-family home (SFH) neighborhoods are not included as areas of potential change. Before we get into the details, we should make clear that the com- mittee started off with the consensus among all of us that there is no perceived need to dra- matically upzone the entire city, or include all of Edina as an area of potential change. (This doesn’t preclude any change in our SFH neighborhoods, however. For example, city pol- icies could encourage a reduction in minimum lot size as an equity goal, allow corner lots with SFHs to include a duplex or low-volume business as a climate action goal, or allow commer- cial nodes or corridors to expand. These policies would keep the SFH nature of our residential neighborhoods. As one example, Edina recently enacted an accessory dwelling unit (ADU) or- dinance, specifically designed to keep the SFH nature intact. These policies address all our SFH neighborhoods, and do not target individual neighborhoods as an area of potential change. In addition, state or federal policies could override local ordinances.) Instead, significant change is expected & should be encouraged to happen in targeted areas, such as commercial zones, existing multi-family zones, areas guided in the comprehensive plan as commercial and/or multifamily, and corridors that can support transit. Why is growth expected, and how is it beneficial? Edina has a number of priorities & goals as a city: ensuring economic viability via a strong tax base, creating ever-better amenities for residents (parks, gathering spaces, recreational spaces), ensuring safe & useful infrastructure (transportation, health & wellness, utilities, rain- and waste-water removal, nearby destinations for daily life), and plans & policies that make for a healthier, more enjoyable, sustainable, & welcoming environment (Race & Equity Plan, Cli- mate Action Plan, Affordable Housing Policy, Living Streets Policy, etc.). In order to achieve those goals, the city’s policies & plans must be implemented, not just talked about. For a city to have attainable goals & a constantly improving environment for resi- dents, it must spend money on these programs. In order to avoid greatly increasing taxes, it needs new sources of tax revenue to pay for these ambitious plans. A growing city is a vital city, an interesting city, a constantly improving city. But growth & change doesn’t always have to be evenly distributed throughout the city. Putting an apartment building or mixed use 23-story tower in a neighborhood of single family homes on cul de sacs makes no sense. There is no opportunity for transit or bikeways or connected sidewalks on such streets, and so increased density in these areas will likely result in a huge increase in cars and complete gridlock. Nobody wants that. So the goal of this work group was to look for specific areas within Edina that are the best places for change: areas that can support change & density better than SFH areas; areas that will help with sustainability & climate action; areas that are distributed throughout the city for convenience, sustainability, & equity. Much as we don’t want affordable housing ghettoized to a single district, we don’t want all change to be in one or two quadrants of the city. Page 135 of 139 4 Student Capstone Report Before showing our conclusions, it’s important to compare & contrast our results with those of another recent study of change in Edina: the University of Minnesota student capstone report. Unsurprisingly, our recommendations are quite similar to the capstone report: not upzon- ing the entire city, and targeting change to a few specific areas & corridors. However, our recommendations also diverge in an important way: the student capstone report in its Preferred Scenario calls for increasing density along a Regional Bicycle Trans- portation Network (RBTN). At a Planning Commission meeting on the report, the students explained that it was the best way to dovetail with the city’s existing Bike & Pedestrian Plan. However, The Bike & Pedestrian Plan is a recreational plan, not a transportation plan, as it is 2 concentric recreational circles, rather than a grid network of bike lanes, and it doesn’t call for a denser bike lane grid in denser areas with transit such as the Southdale District. It is unreasonable to expect a suburb with little protected bike infrastructure, other than a regional trail, and no transit nearby, to absorb greater density along that trail without ex- pecting a concomitant increase in car ownership & congestion. For these reasons we do not recommend increased density along the trail unless the city adopts a comprehensive multimodal bike transportation & transit plan that feeds into & integrates with the Nine Mile Creek Trail & transit lines such as the E Line aBRT & 46 bus. Trends & Outside Forces In addition to city plans, policies, & need for tax base, there are other trends & outside forces that had a nuanced effect on our recommendations. For example, there were several bills at the Minnesota legislature dealing with density or transit. Most of them did not pass, but it put city-wide upzoning and upzoning near transit on our radar. Since we considered them, we are confident that, whether they pass in future sessions or not, they will be consistent with our rec- ommendations. Another consideration is Metro Transit Transit Market Areas, which require residential & job density to exist, or at least be planned, before additional transit gets considered for an area. This affected our recommendations for the E Line (France Ave.) and the 46 bus (Vernon Ave.). Also, the Met Council has high level plans for north-south and east-west regional bikeways that criss-cross the Twin Cities. Their intersection with Edina was considered. Last but not least, the city cannot ignore developer interest. It is not the city that builds out pri- vate buildings in small area plans or corridors, but private developers. It behooves the city to get ahead of developer interest, so that we can confidently approve or reject projects that fit or don’t fit with our plans. Page 136 of 139 5 Conclusion With those points clarified, the following is a table of our recommendation for Areas of Poten- tial Change. Our work plan item requested a list of areas, prioritized, with city goals & policies as the rationale, and the rough boundaries delineated. Here is our final list: Prior- ity Area of Potential Change City Goals & Developer interest Type Suggested Boundary Short term E Line/France Ave Equity, Climate Action, (Af- fordable) Housing,Trans- portation, Economic Devel- opment, tax base; expect huge developer interest Corridor E Line route in Edina (France Ave from 44th to 66th St., east to South- dale Center) Short term Grandview-adjacent lots al- ready zoned higher density (Affordable) Housing; Cli- mate Action, Equity, Devel- oper interest Area Non-SFH-zoned areas west of Vernon Ave. Me- dium term Vernon Ave (connector be- tween the 46 bus & SWLRT/Green Line Exten- sion: Edina needs an east- west transit solution) Anticipated transit connec- tion; equity; developer in- terest; Metro Transit Transit Market Area Corridor Vernon Ave. between Grandview District and Lincoln Drive, zoned or guided as multifamily or commercial Me- dium term Valley View Duplexes (Affordable) Housing; Cli- mate Action, Equity, Devel- oper interest Corridor or Area TBD: either just Valley View Rd. itself (duplexes from 62nd to Hwy 62), or 62nd St. to the Cross- town and Brookview to Halifax. Me- dium term Expand Small Area Plan boundaries (Affordable) Housing; Cli- mate Action, Equity, Gentle Density & Missing Middle housing Area Extend existing SAP boundaries plus 1/4 mile?? Minimum 1/2 mile radius?? (Walk shed for transit) (see also: Cap- stone project) Me- dium term Gentle Density (Duplexes on corners; small busi- nesses in houses on corner or through-streets; etc.) (Affordable) Housing, Cli- mate Action, Equity Area SFH neighborhoods Page 137 of 139 6 Prior- ity Area of Potential Change City Goals & Developer interest Type Suggested Boundary Long term Van Valkenburg West [Ryan] (Affordable) Housing, Cli- mate Action, Equity Area West side of Van Valkenburg Park and Lincoln Drive Between the Northern Boundary of the Parkwood Knolls Neighborhood and the Cottages of Edina to the South Long term 56th & Xerxes (Affordable) Housing, Cli- mate Action, Equity, de- pends in part on how dense the Minneapolis side of Xerxes Ave. gets Area Edina side of Xerxes Ave. surrounding 56th St. Long term 44th & France 44th & France SAP, E Line aBRT, Sustainability, Eco- nomic Development Area Existing boundary + City policies Long term Area south of Braemar Park, adjoining Bloomington (too small to really be a SAP) Economic Development, jobs, tax base Area Between Braemar Park & I-494, and US 169 & W Bush Lake Rd. Long term Washington Ave., adjoining Eden Prairie (not diverse or independent enough to jus- tify a SAP; not a draw for residents as it’s mostly com- mercial-industrial with no housing) Economic Development, jobs, tax base Corridor Edina side of Washing- ton Ave. in SW corner of Edina *—city goals & policies include Edina City Budget: Goals & Values, Race & Equity, Sustainability, Climate Action Plan, Bike & Ped Plan, (Affordable) Housing Plan, Living Streets, SAPs, Compre- hensive Plan, E Line, Dan Patch, [Map] [Appendix] Page 138 of 139 Page 139 of 139