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2025-07-23 Planning Commission Packet
Meeting location: Edina City Hall Council Chambers 4801 W. 50th St. Edina, MN Planning Commission Meeting Agenda Wednesday, July 23, 2025 7:00 PM Participate in the meeting: Watch the meeting on cable TV or at YouTube.com/EdinaTV. Provide feedback during Community Comment by calling 312-535- 8110. Enter access code 2633 905 5355. 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 from Regular Meeting June 25, 2025 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 Hearing During "Public Hearings," the Commission chair will ask for public testimony after staff and/or applicants make their presentations. The following guidelines are in place to ensure an efficient, fair, and respectful hearing; limit your testimony to three minutes and to the matter under consideration; the Chair may modify times, as deemed necessary; avoid repeating remarks or points of view made by previous speakers. The use of signs, clapping, cheering or booing or any other form of verbal or nonverbal communication is not allowed. Page 1 of 28 6.1. Conditional Use Permit for Rivian at Galleria 7. Chair and Member Comments 8. Staff Comments 9. Adjournment Page 2 of 28 BOARD & COMMISSION ITEM REPORT Date: July 23, 2025 Item Activity: Approve Meeting: Planning Commission Agenda Number: 4.1 Prepared By: Liz Olson, Administrative Support Specialist Item Type: Minutes Department: Item Title: Minutes from Regular Meeting June 25, 2025 Action Requested: Aprrove meeting minutes. Information/Background: Supporting Documentation: 1. June 25, 2025 Minutes Page 3 of 28 Draft Minutes☒ Approved Minutes☐ Approved Date: ___, 2025 Page 1 of 3 Minutes City Of Edina, Minnesota Planning Commission Edina City Hall Council Chambers June 25, 2025 I. Call To Order Chair Bennett called the meeting to order at 7:01 p.m. II. Roll Call Answering the roll call were: Commissioners Alkire, Bornstein, Daye, Felt, Hahneman, Nelson, Padilla, Smith, and Chair Bennett. Staff Present: Kris Aaker, Assistant Planner, Addison Lewis, Community Development Coordinator, and Liz Olson, Administrative Support Specialist. Absent from the roll call: Commissioner Jha and Joncas. III. Approval Of Meeting Agenda Commissioner Padilla moved to approve the agenda for June 25, 2025. Commissioner Hahneman seconded the motion. Motion carried unanimously. IV. Approval Of Meeting Minutes A. Minutes: Planning Commission, May 28, 2025; Special Work Session, June 11, 2025 Commissioner Daye moved to approve the meeting minutes from May 28, 2025, and June 11, 2025. Commissioner Alkire seconded the motion. Motion carried unanimously. V. Community Comment None. VI. Public Hearings A. Setback Variances – 4004 Grimes Avenue Commissioner Meriwether recused herself from the setback variance request due to a conflict of interest and left the meeting at 7:07 p.m. Assistant City Planner Aaker presented the request of 4004 Grimes Avenue for Setback Variances. Staff presented findings for approval or denial of the variances based on findings listed in the staff report. Appearing for the Applicant Page 4 of 28 Draft Minutes☒ Approved Minutes☐ Approved Date: ___, 2025 Page 2 of 3 Ms. Melissa Schaefer, property owner at 4004 Grimes Avenue, addressed the Commission. Staff and the applicant answered Commission questions. Public Hearing Ms. Tara James, 4003 Kipling Avenue, addressed the Commission and indicated she was in favor of this project. Commissioner Alkire moved to close the public hearing. Commissioner Hahneman seconded the motion. Motion carried unanimously. The Commission discussed the setback variances and deemed the changes to be appropriate. Motion Commissioner Nelson moved that the Planning Commission recommend approval of the Variances as outlined in the staff memo, subject to the conditions and findings therein. Commissioner Hahneman seconded the motion. Motion carried 7 ayes, 2 nays (Bornstein, Daye). The official City website provides access to the Commission’s discussion regarding the variance request. Commissioner Meriwether returned to the meeting at 8:12 p.m. B. 316 Madison Avenue Subdivision with Variances Community Development Coordinator Lewis presented the request for a subdivision with variances. Staff recommend approval of the Subdivision with Variances, as requested, subject to the findings and conditions listed in the staff report. Appearing for the Applicant Ms. Brenda Lano-Wolke, Executive Director from Homes Within Reach, and Tim Uzzelle from TJU Construction addressed the Commission. Staff and the applicant answered Commission questions. Public Hearing Mr. Steve Brown, 5528 Halifax Lane, addressed the Commission in favor of this project. Commissioner Padilla moved to close the public hearing. Commissioner Hahneman seconded the motion. Motion carried unanimously. The Commission discussed the subdivision with variances and deemed the changes to be appropriate. Page 5 of 28 Draft Minutes☒ Approved Minutes☐ Approved Date: ___, 2025 Page 3 of 3 Motion Commissioner Daye moved that the Planning Commission recommend approval to the City Council of the Preliminary and Final Plat with Variances to Lot Area and Lot Width for Both Lots and Variance to Lot Depth for Lot 2 as outlined in the staff memo, subject to the conditions and findings therein. Commissioner Nelson seconded the motion. Motion carried unanimously. The Commission discussion and decision can be reviewed on the official City Website. IX. Chair and Member Comments Received. X. Staff Comments Received. XI. Adjournment Commissioner Padilla moved to adjourn the June 25, 2025, Meeting of the Edina Planning Commission at 8:57 p.m. Commissioner Alkire seconded the motion. Motion carried unanimously. Page 6 of 28 BOARD & COMMISSION ITEM REPORT Date: July 23, 2025 Item Activity: Approve Meeting: Planning Commission Agenda Number: 6.1 Prepared By: Addison Lewis, Community Development Coordinator Item Type: Public Hearing Department: Community Development Item Title: Conditional Use Permit for Rivian at Galleria Action Requested: Motion to recommend approval of the conditional use permit for Rivian to operate an automobile agency selling new, unused vehicles at 3510 Galleria. Information/Background: Rivian is an electric vehicle company proposing to occupy tenant space at Galleria mall located at 3510 Galleria. A small vehicle showroom (about 3,180 square feet) would be located inside the mall. Additionally, up to six vehicles available for test drives would be stored in the existing parking area beneath the building. Customers could place an order for a new vehicle on site; however, for- sale vehicle inventory will not be stored at the property and purchased vehicles would be shipped directly to the customer. Other than tenant signage and new EV chargers to replace existing EV chargers, no changes are proposed to the exterior of the building or site. The property is zoned Planned Commercial District-3, which lists “automobile agencies selling new, unused vehicles” as a conditionally permitted use. Staff believe that this type of format for auto sales proposed by Rivian is much less intensive than a traditional automobile dealership envisioned by the code where a large number of vehicles are stored on site and customers are purchasing a vehicle from those on the lot. With the exception that the business will offer test drives of their vehicles, the use will operate similarly to any other retail tenant in the mall. Nevertheless, the code does not distinguish this type of use from a traditional car dealership and therefore a conditional use permit is required. LINK to BTE Public Comment Supporting Documentation: 1. Staff Report 2. Applicant Narrative and Plans 3. Location Map-Zoning-Future Land Use 4. Land Use Conditional Use Permits - League of Minnesota Cities 5. Building and Fire Department Memo Page 7 of 28 July 23, 2025 PLANNING COMMISSION Addison Lewis, Community Development Coordinator Conditional Use Permit for Rivian at Galleria Information / Background: Rivian is an electric vehicle company proposing to occupy tenant space at Galleria mall located at 3510 Galleria. A small vehicle showroom (about 3,180 square feet) would be located inside the mall. Additionally, up to six vehicles available for test drives would be stored in the existing parking area beneath the building. Customers could place an order for a new vehicle on site; however, for- sale vehicle inventory will not be stored at the property and purchased vehicles would be shipped directly to the customer. Other than tenant signage and new EV chargers to replace existing EV chargers, no changes are proposed to the exterior of the building or site. The property is zoned Planned Commercial District-3, which lists “automobile agencies selling new, unused vehicles” as a conditionally permitted use. Staff believe that this type of format for auto sales proposed by Rivian is much less intensive than a traditional automobile dealership envisioned by the code where a large number of vehicles are stored on site and customers are purchasing a vehicle from those on the lot. With the exception that the business will offer test drives of their vehicles, the use will operate similarly to any other retail tenant in the mall. Nevertheless, the code does not distinguish this type of use from a traditional car dealership and therefore a conditional use permit is required. Surrounding Land Uses Northerly: Southdale Mall; zoned PCD-3; guided Community Activity Center Easterly: The Westin and Galleria Parking Ramp; zoned PCD-3; guided Community Activity Center Page 8 of 28 STAFF REPORT Page 2 Southerly: Commercial; zoned PCD-3 / PUD-4 (US Bank); guided Community Activity Center Westerly: Commercial; zoned PCD-3 / POD-1; guided Office Residential Existing Site Features The property contains the Galleria shopping center and surface parking. The property can be accessed via West 69th Street, West 70th Street or France Avenue. The tenant space would be on the western end of the mall (near Big Bowl). Planning Guide Plan designation: Community Activity Center Zoning: PCD-3, Planned Commercial District-3 CONDITIONAL USE PERMIT REVIEW A conditional use is a use allowed by the zoning ordinance, subject to conditions. Unlike permitted uses, conditional uses require review by the Planning Commission and approval from the City Council. Typically, conditional uses are those that may only be allowed under certain criteria or may have impacts that may need to be accounted for. Per Section 36-306, the City may impose conditions and restrictions upon the establishment, location, construction, maintenance, operation or duration of the use, as deemed necessary for the protection of the public interest and adjacent properties, to ensure compliance with the requirements of this chapter (zoning) and other applicable provisions of this Code, and to ensure consistency with the Comprehensive Plan. The Council may require such evidence and guarantees as it may deem necessary to secure compliance with any conditions imposed. No use shall be established or maintained, and no building or other permit for establishing or maintaining such use shall be granted, until the applicant has met and fulfilled all conditions imposed by the council to the satisfaction of the planner. Section 36-305 of the Edina Zoning Ordinance states that the Council shall not grant a conditional use permit, unless it finds that the establishment, maintenance and operation of the use: 1. Does not have an undue adverse impact on government facilities, utilities, services or existing or proposed improvements; Page 9 of 28 STAFF REPORT Page 3 With a showroom of 3,180 square feet and only six vehicles available for test drives, the scale of the proposed use is very small and not likely to have any noticeable impact on government facilities, utilities, services or existing or proposed improvements that would be any different from any other retail tenant at Galleria. 2. Will generate traffic within the capacity of the streets serving the property; Given the scale of the proposed use, there should not be any noticeable difference in traffic than there would be for any other retail tenant. 3. Does not have an undue adverse impact on the public health, safety or welfare; Staff do not foresee any adverse impacts on the public health, safety or welfare resulting from the proposed use. 4. Will not impede the normal and orderly development and improvement of other property in the vicinity; The use should have no impact on the normal and orderly development and improvement of other property in the vicinity. 5. Conforms to the applicable restrictions and special conditions of the district in which it is located, as imposed by this chapter; and The code does not impose any standards that are specific to automobile agencies. No changes are proposed to the exterior of the building, parking lot layout, or greenspace. The proposed locations for parking comply with setback requirements and there is adequate parking. Between the Galleria and Westin, the zoning ordinance requires 1,637 parking stalls and there are 2,052. Staff believe the use complies with all aspects of the zoning ordinance. 6. Is consistent with the Comprehensive Plan. The Transportation Chapter of the Comprehensive Plan includes the following goal: Invest in infrastructure to support the continued growth in low- to zero-emission technology and support regional and statewide efforts to educate and adopt electric vehicles. Additionally, the Climate Action Plan includes the following strategy: TL4: Increase battery electric vehicle (BEV) utilization to 25% of community wide rolling stock. According to the Climate Action Plan, 41% of city-wide greenhouse gasses are from transportation. The plan states that for every 1% of vehicles converted to EV, 2,750 metric tons of greenhouse gas emissions can be eliminated annually. The Climate Action Plan and the Energy and Environment Chapter of the Comprehensive Plan have goals for reducing carbon emissions. Page 10 of 28 STAFF REPORT Page 4 Since the proposed use would provide education, awareness and greater access to electric vehicles that would support EV adoption, staff find the proposed use is consistent with the Comprehensive Plan. STAFF RECOMENDATION Staff recommend approval of the requested conditional use permit. Approval is based on the following findings: 1. With a showroom of 3,180 square feet and just six vehicles available for test drives, the scale of the proposed use is very small and not likely to have any noticeable impact on government facilities, utilities, services or existing or proposed improvements that would be any different from any other retail tenant at Galleria. 2. Given the scale of the proposed use, there should not be any noticeable difference in traffic than there would be for any other retail tenant. There is adequate capacity on the adjacent roads to support the proposed use. 3. The use will not have an undue adverse impact on public health, safety or welfare. 4. The use should have no impact on the normal and orderly development and improvement of other property in the vicinity. 5. The use conforms to the applicable restrictions and special conditions of the PCD-3 zoning district. 6. Since the proposed use would provide education and greater access to electric vehicles that would support EV adoption, staff find the proposed use is consistent with the goals of the Comprehensive Plan. Approval is subject to the following conditions: 1. All operation of the business shall be consistent with the application materials included in the August 19, 2025 City Council packet. 2. The vehicle showroom space within the mall shall be limited to 3,200 square feet. 3. No more than six (6) vehicles shall be stored on the property for test drives. 4. For-sale vehicle inventory may not be stored on the property. 5. Vehicles purchased by customers may not be delivered to the property for pickup. 6. Any changes to these conditions require a new conditional use permit. Approval of a conditional use permit requires a three-fifths favorable vote of all members of the council. Deadline for a City decision: October 15, 2025. Page 11 of 28 City of Edina Planning Division 4801 West 50th Street Edina, MN 55424 May 16, 2025 Conditional Use Permit Request - Rivian Vehicle Sales Activity at the Galleria Mall This letter serves as Rivian’s request for a formal use determination to unlock Rivian vehicle sales at the property located at the Galleria Mall, 1 W 69th St, Edina, Suite 3601, MN 5543. Rivian is an American-based electric vehicle and technology company (NASDAQ: RIVN). We believe there is a more responsible way to explore the world and are determined to make the transition to sustainable transportation an exciting one. We have begun delivering our two fully electric consumer vehicles (the R1T and R1S) as well as an electric delivery van (EDV) for commercial use. On March 7, 2024, we revealed R2 and R3, our newest models which will be smaller and more affordable electric vehicles. Below is a list of our programs that our typical retail stores will entail: Non-operational, static display vehicles for educational purposes. Allowing customers to interact with the product and our brand. The two display vehicles in the showroom will not be for sale and non-operational. Educational demonstration drives – Demonstration drives would occur during operating hours, with the demo vehicles parked in (6) designated parking stalls determined by the landlord (demo vehicles are solely for education purposes and are not for sale). The drives will be administered by Rivian staff – the customer would be driving the vehicle, but there will be a Rivian employee with them through the whole process including the drive. Color, material, finish (CMF referenced in floor plan) display – meant to educate customers on the interior and exterior finish options for Rivian vehicles. Page 12 of 28 Charging education – provides customers with information on charging options available, information on Rivian’s expanding network and education around how EV culture works. Trip Planning – graphics and virtual displays for educational and entertainment purposes showing local and regional opportunities to use your vehicle to its fullest. Merchandise display – Area for Rivian-branded Merchandise for sale. T-shirts, backpacks, hats, water bottles, etc. will all be displayed and for sale on site. Rivian partners with manufacturers and brands to produce their salable merchandise that align well with our outdoor and adventurous spirit and fit well within the Spectrum Center retail market. Back of House – a private office, break room, merchandise storage room, IT closet and other support functions will serve the employees on site. We plan for 8-10 employees to be working the following hours of operation: Monday to Saturday, 10 am - 7 pm; Sundays, 11 am - 6 pm (hours subject to landlord approval and the center’s seasonality). Our goal is to create physical spaces where customers can come to learn about our brand and products, with an ultimate goal of driving brand awareness, education, and engagement. While customers may place an online vehicle order on or off-site, the space will not serve as a traditional dealership in that Rivian will not hold ‘for-sale’ vehicle inventory on site. Also, customers cannot negotiate pricing, take delivery or complete payment/paperwork on site. Each vehicle is custom built for the customer and shipped directly to customers from our factory in Normal, Illinois, not from our retail locations. Rivian has 33 retail stores operational in the United States and Canada. Photos attached in Appendix A. We look forward to any feedback regarding our use and operations, as well our path towards occupancy at the Galleria Mall Sincerely, Siobhan Lee Lead Design Manager, Commercial Development Page 13 of 28 Appendix A: Rivian Retail Stores Aventura, CA Page 14 of 28 White Plains, NY Page 15 of 28 Hayes Valley, CA Page 16 of 28 DRAWING NO.: TITLE: ISSUANCE: 30x42 NOT FOR CONSTRUCTION PROJECT NAME: SIGNATURE & SEAL: THIS DRAWING IS ISSUED FOR REFERENCE PURPOSES ONLY, AND NOT FOR CONSTRUCTION. THIS DRAWING IS CURRENTLY UNDER DEVELOPMENT, AND IS BEING ISSUED TO THE CONTRACTOR AT THIS TIME IN ACCORDANCE WITH THE OWNER’S REQUEST. THE INFORMATION CONTAINED IN THIS DRAWING IS INTENDED TO SUPPLEMENT THE OTHER DOCUMENTS CURRENTLY BEING ISSUED FOR CONSTRUCTION. THIS INFORMATION REPRESENTS THE CURRENT STAGE OF DEVELOPMENT OF THIS AREA, IS SUBJECT TO CHANGE BASED ON OWNER AND OPERATOR INPUT AND DEVELOPMENT OF THE DOCUMENTS, AND REQUIRES COORDINATION WITH THE OTHER DOCUMENTS. USE OF THESE DOCUMENTS AT THIS STAGE OF DEVELOPMENT IS AT THE SOLE RISK OF THE RECIPIENT. Owner FOS CODE: Keep the world adventurous forever. STANDARDS VERSION:5/22/2025 10:27:41 AMZ:\25034_RIV-EdinaMN-Spaces\5Drwgs\Revit\RV_Commercial_Edina Titleblock.rvtA-112 CONCEPT PLANS &ELEVATIONS Architect REZTARK DESIGN STUDIO601 MAIN STREET, SUITE 200,CINCINNATI, OH 45202CONTACT - MADISON GILMOREPHONE - 513-765-5027 Structural Engineer KPFF CONSULTING ENGINEERS151 W 4TH STREET,CINCINNATI, OH 45202CONTACT - RICK WHEELERPHONE - 513-409-2338 MEP Engineer KLH ENGINEERS, INC.1538 ALEXANDRIA PIKE STREET, FORTTHOMAS, KY 41075CONTACT - JUSTIN MARQUADTPHONE - 859-547-0239 Rivian LLC14600 Myford Rd, Irvine, CA 92606 EDINA - SPACES 3601 GALLERIAEDINA, MN 554354 AOR CODE LOCATION R3.03.02 REV.DATE DESCRIPTIONJ1XGFIGFIGFIGFI GFIGFI AVAV1X 1X GALLERIA - UNIT 3601 - CONCEPT PLAN - 1/4" = 1'-0" INTERIOR STOREFRONT - CONCEPT ELEVATION - 1/4" = 1'-0" EXTERIOR SIGNAGE CONCEPT Page 17 of 28 FRANCE AVENUE SOUTHWEST 70TH STREET WEST 69TH STREET GALLERIA SHOPPING CENTER YORK AVENUE SOUTHTRACT C TRACT B TRACT A TRACT C Project Location Certification Sheet Title Summary Revision History Sheet No.Revision Project No. Date Submittal / RevisionNo.By Designed:Drawn: Approved:Book / Page: Phase:Initial Issued: Client GALLERIA SHOPPING CENTER, LLC GALLERIA EDINA, MINNESOTA DL JCW 723/60 ALTA 08/05/2021 A 50302 ALTA/NSPS LAND TITLE SURVEY FOR GALLERIA SHOPPING CENTER, LLC A SURVEY OF LANDS LOCATED IN THE SW 1/4 OF SECTION 29, TWP. 28, RGE. 24, CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA 1.This survey was prepared utilizing Title Commitment No. NCS-988247-MPLS by First American Title Insurance Company, bearing an effective date of 06/10/2021. 2.The bearings, distances and curve information shown on the boundaries of the surveyed parcels are per RLS Nos. 1774 and 1796 and as measured by this survey. The boundaries of the surveyed parcels close perfectly by engineering calculation. 3. Visible property addresses are as shown hereon. Property Tax Parcel Nos. are as follows: TRACT A, RLS No. 1796 29-028-24-33-0021 TRACT B, RLS No. 1796 29-028-24-33-0022 TRACT C, RLS No.1796 29-028-24-33-0023 TACT C, RLS No. 1774 29-024-24-34-0024 4. Monument signs at corners of property are permitted to encroach into 20 foot sign setback requirement per Doc. No. 4499359. VICINITY MAP LEGEND SURVEY NOTES The following notes correspond to the reference numbers listed in Schedule B, Part II of the title commitment: 11.Easement for sanitary sewer and watermain purposes in favor of the City of Edina, as contained in the Easement for Sanitary Sewer and/or Watermain, dated May 12, 1959, recorded June 11, 1959, as Doc. No. 595306. (As to Parcel 1) Easement lies within the surveyed property, based on the description in the document. It is shown on the survey. 12.Easement for sanitary sewer and watermain purposes in favor of the City of Edina, as contained in the Easement for Sanitary Sewer and/or Watermain, dated May 12, 1959, recorded June 11, 1959, as Doc. No. 595307. (As to Parcel 1). Easement lies within the surveyed property, based on the description in the document. It is shown on the survey. 13.Easement for sanitary sewer and watermain purposes in favor of the City of Edina, as contained in the Easement for Sanitary Sewer and/or Watermain, dated May 12, 1959, recorded June 11, 1959, as Doc. No. 595308. (As to Parcel 1) Easement lies within the surveyed property, based on the description in the document. It is shown on the survey. 14.The following appears as a recital on the Certificate of Title for Parcel 1: Subject to sanitary and watermain easements as shown on plat of Southdale Plaza; (Now as to part of above Tract B). NOTE: The watermain easement that is shown on the plat of Southdale Plaza and that runs north and south along the eastern boundary of Outlot 2 of said plat appears to be the same watermain easement that was conveyed to the Village of Edina by the Easements for Sanitary Sewer and/or Watermain, dated May 12, 1959, recorded June 11, 1959, as Doc. Nos. 595309 and 595310. The easements in Doc. Nos. 595309 and 595310 were vacated by the City of Edina by the Resolution Vacating Easements for Utility Purposes, recorded October 16, 1990, as Doc. No. 2130277. No longer impacts the surveyed property, based on the description in the document. 15.Easement for utility and drainage purposes in favor of the City of Edina, as contained in the Easement, dated August 25, 1965, recorded September 9, 1965, as Doc. No. 820328. (As to Parcel 1) Easement lies within the surveyed property, based on the description in the document. It is shown on the survey. 16.Easement for telecommunications purposes in favor of Northwestern Bell Telephone Company, as contained in the Easement, dated June 8, 1970, recorded July 14, 1970, as Doc. No. 973232. (As to Parcel 2) Easement lies within the surveyed property, based on the description in the document. It is shown on the survey. 17.Easement for transit purposes in favor of the City of Edina, as contained in the Transit Easement, dated October 8, 1990, recorded October 16, 1990, as Doc No. 2130282. (As to Parcel 1) Easement lies within the surveyed property, based on the description in the document. It is shown on the survey. 18.Easement for storm sewer purposes in favor of the City of Edina, as contained in the Easement for Storm Sewer, dated October 8, 1990, recorded October 16, 1990, as Doc. No. 2130283. (As to Parcel 1) Easement lies within the surveyed property, based on the description in the document. It is shown on the survey. 19.The following appear as memorials on the Certificates of Title for Parcels 1 and 2: Agreement, dated October 8, 1990, recorded October 16, 1990, as Doc. No. 2130284; and Termination Agreement, dated December 6, 2011, recorded July 11, 2012, as Doc. No. 4971898. No longer impacts the surveyed property, based on the description in the document. 20.Easement for highway purposes in favor of the County of Hennepin, as contained in the Final Certificate, recorded July 22, 1991, as Doc. No. 2189613. (As to Parcel 1) Easement lies within the surveyed property, based on the description in the document. It is shown on the survey. 21.Terms and conditions of the following Declaration of Restrictive Covenants, dated September 22, 2006, recorded October 12, 2006, as Doc. No. 4315685 (As to Parcels 1 and 2); and Consent to Declaration of Restrictive Covenants, dated September 22, 2006, recorded October 12, 2006, as Doc. No. 4315691. (Consent recorded as to Parcel 1 only) Lies within the surveyed property, based on the description in the document. Shown on the survey. SUBJECT PROPERTY (CONTINUED) SITE SECTION 29, TOWNSHIP 028N, RANGE 24W, HENNEPIN COUNTY, MINNESOTA 70TH ST W 69TH ST W YORK AVE SFRANCE AVE SFOUND MONUMENT SET MONUMENT MARKED LS 19552 ELECTRIC METER LIGHT SANITARY SEWER STORM SEWER WATERMAIN FLARED END SECTION ELECTRIC TRANSFORMER TRAFFIC LIGHT GROUND LIGHT HANDICAP STALL FIRE HOOKUP UTILITY HAND HOLE BOLLARD SIGN TELEPHONE PEDESTAL UE UT GL GAS METER OVERHEAD WIREOW CHAIN LINK FENCE IRON FENCE WIRE FENCE WOOD FENCE EASEMENT LINE SETBACK LINE BUILDING LINE BUILDING CANOPY CONCRETE CURB DENOTES EASEMENT Real property in the City of Edina, County of Hennepin, State of Minnesota, described as follows: Parcel 1: (Certificate of Title No. 1231430): Tracts A, B and C, Registered Land Survey No. 1796, Hennepin County, Minnesota. Parcel 2: (Certificate of Title No. 1191388): Tract C, Registered Land Survey No. 1774, Hennepin County, Minnesota. Parcel 3: Non-exclusive easements over parts of Tracts C and F, Registered Land Survey No. 1792, as contained in the following: (a) Cross Easement, Operation and Maintenance Agreement (2-Dimensional), dated September 22, 2006, recorded October 12, 2006, in the office of the Registrar of Titles as Doc. No. 4315689; (b) First Amendment to Cross Easement, Operation and Maintenance Agreement (2-Dimensional), dated August 17, 2011, recorded February 21, 2012, as Doc. No. 4929373; (c) Second Amendment to Cross Easement, Operation and Maintenance Agreement (2-Dimensional), dated February 21, 2012, recorded February 21, 2012, as Doc. No. 4929478; (d) Third Amendment to Cross Easement, Operation and Maintenance Agreement (2-Dimensional), dated August 1, 2012, recorded August 2, 2012, as Doc. No. 4979096; (e) Fourth Amendment to Cross-Easement, Operation and Maintenance Agreement (2-Dimensional), dated February 12, 2016, recorded December 14, 2016, as Doc. No. 5406428; and (f) Fifth Amendment to Cross Easement, Operation and Maintenance Agreement (2-Dimensional), dated January 1, 2017, recorded June 27, 2017, as Doc. No. 5454048. SUBJECT PROPERTY DENOTES CITY OF EDINA STREET, DRAINAGE & UTILITY EASEMENT PER R.T. DOC. NO. 4972006 & R.T. DOC. NO. 4972008 To Galleria Shopping Center, LLC, a Minnesota limited liability company, Galleria Parking Ramp, LLC, a Minnesota limited liability company and First American Title Insurance Company: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6(a), 6(b), 7(a), 7(b)(1), 7(c), 8, 9, 10, 11(a), 13, 14, 15, 16, 17, 18 and 19 of Table A thereof. The field work was completed on 11/30/2021. Dated this 2nd day of December, 2021. Sambatek, Inc. Jerome C. Wittstock Minnesota License No. 19552 jwittstock@sambatek.com 1.The survey shows property corner monuments or witness to the corner that were found during the field work, as well as property corner monuments or witness to the corner set by the surveyor at locations where there did not appear to be any evidence of an existing monument. 2.The address of the surveyed property is shown on the graphical portion of the survey. 3.The surveyed property lies within Flood Plain Zone X – 'Areas determined to be outside the 0.2% annual chance flood plain', as depicted by scaled map location and graphic plotting according to FEMA, FIRM Map No. 27053C0364F dated 11/04/2016. 4.Aggregate Gross Area of the surveyed properties is 20.798 acres which is 905,968 Sq. Ft. Individual parcel areas are as follows: TRACT A, RLS No. 1796 - 89,400 Sq. Ft. TRACT B, RLS No. 1796 - 595,590 Sq. Ft. TRACT C, RLS No. 1796 - 119,692 Sq. Ft. TRACT C, RLS No. 1774 - 101,286 Sq. Ft. 6a.Surveyed properties are zoned PCD-3, Planned Commercial District. Building Setback requirement is 35 ft. Minimum building setback shall be increased by 1/3 foot for each foot of the building that exceeds 50 feet in building height. Building height shall not exceed 12 stories /144 ft. Minimum building size is 1000 sq. ft. of gross floor area within the first story. Maximum floor area ratio is 0.75. Zoning information was provided by PZR Report per zoning and site requirements summary dated 12/26/2019. 6b.Zoning setback requirements specific to the surveyed property are shown on the survey. 7a.The buildings and exterior dimensions of the outside wall at ground level are shown on the survey, which may or may not be the foundation wall. 7b.The square footage of the building is shown on the survey. 7c.The measured heights above grade of all buildings are shown on the survey. 8.Visible substantial features observed in the process of conducting the fieldwork are shown hereon. 9.The parking areas and striping on the surveyed property are shown. There are 41 striped handicap parking stalls, and there are 1696 striped regular parking stalls for a total of 1737 striped parking stalls. In surface parking areas there are 772 regular spaces & 22 handicap spaces. In ramp parking areas there are 924 regular spaces & 19 handicap spaces. 10.There were no division or party walls designated by the client to be shown on the survey. 11.Evidence of underground utilities existing on or serving the surveyed property is shown per the following: a) Plans and/or reports were not provided by the client. A Gopher State One Call (GSOC) request was placed on 07/20/2021 and assigned GSOC Ticket No. 212012792. b) A private utility locate request was not placed by the surveyor. Utility information shown hereon is a compilation of provided map information and those visible utilities and marked utilities which were located during the survey field work. Utility suppliers often do not respond to locate requests in the field but may provide maps, plans, and drawings in lieu of physical location. The surveyor makes no guarantees that the underground utilities shown hereon comprise all such utilities in the area, either in service or abandoned. The surveyor further does not warrant that the underground utilities shown hereon are in the exact location as indicated, although they are located as accurately as possible from the available information. The surveyor has not physically located the underground utilities. Pursuant to MS 216.D contact Gopher State One Call at (651-454-0002) prior to any excavation. 13.The names of adjoining land owners according to the current county tax records are shown on the survey. 14.The surveyed property adjoins the intersections of France Ave S with W 69th St and W 70th St. 15.Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies were not used for this survey. 16.There is no evidence of recent earth moving work, building construction or building additions observed in the process of conducting the fieldwork for this survey. 17.No changes in street right of ways are proposed per City of Edina website accessed 08/02/2021. There is no observable evidence of recent street or sidewalk construction or repair. 18.Plottable off site easements and servitudes disclosed in the provided title documents and/or observed during the field work that appear to benefit and/or affect the subject property are shown hereon. 19.Evidence of professional liability insurance obtained by the surveyor will be furnished upon request. "TABLE A" NOTES CERTIFICATION 22.Terms and conditions, including easements and assessments, as contained in the following Cross-Easement, Operation and Maintenance Agreement and related documents: (a) Cross Easement, Operation and Maintenance Agreement (2-Dimensional), dated September 22, 2006, recorded October 12, 2006, as Doc. No. 4315689; (As to Parcels 1 and 2) (b) Consent to Cross Easement, Operation and Maintenance Agreement (2-Dimensional), dated September 22, 2006, recorded October 12, 2006, as Doc. No. 4315692; (As to Parcel 1) (c) First Amendment to Cross Easement, Operation and Maintenance Agreement (2-Dimensional), dated August 17, 2011, recorded February 21, 2012, as Doc. No. 4929373; (As to Parcels 1 and 2) (d) Second Amendment to Cross Easement, Operation and Maintenance Agreement (2-Dimensional), dated February 21, 2012, recorded February 21, 2012, as Doc. No. 4929478; (As to Parcel 1) (e) Third Amendment to Cross Easement, Operation and Maintenance Agreement (2-Dimensional), dated August 1, 2012, recorded August 2, 2012, as Doc. No. 4979096; (As to Parcels 1 and 2) (f) Fourth Amendment to Cross Easement, Operation and Maintenance Agreement (2-Dimensional), dated February 12, 2016, recorded December 14, 2016, as Doc. No. 5406428; (As to Parcels 1 and 2) (g) Fifth Amendment to Cross Easement, Operation and Maintenance Agreement (2-Dimensional), dated January 1, 2017, recorded June 27, 2017, as Doc. No. 5454048. (As to Parcels 1 and 2) Surveyed properties (together with the HOTEL TRACT shown hereon) are subject to and benefit from easements for ingress, egress, joint use of parking, use of underground tunnel, joint use of utilities and signage per Doc. No 4315689 and First Second, Third, Fourth and Fifth Amendments thereto filed as Doc .Nos. 4929373 ,4929478, 4979096,5406428 and 5454048 respectively, based on descriptions in said documents. 23.Variance by the Zoning Board of Appeals of the City of Edina, recorded May 27, 2008, as Doc. No. 4499359. (As to Parcels 1 and 2) Variance lies within the surveyed property, based on the description in the document. Shown on the survey. 24.Easement for pet walk purposes, as contained in the Pet Walk Easement Agreement, dated October 10, 2008, recorded October 13, 2008, as Doc. No. 4536802. (As to Parcel 2) Easement lies within the surveyed property, based on the description in the document. It is shown on the survey. 25.Easements for street, utility and drainage purposes in favor of the City of Edina, as contained in the Grant of Permanent Easement, dated July 10, 2012, recorded July 11, 2012, as Doc. No. 4972006. (As to Parcel 1) Easements lie within the surveyed property, based on the description in the document. Shown on the survey. 26.Easements for street, utility and drainage purposes in favor of the City of Edina, as contained in the Grant of Permanent Easement, dated July 10, 2012, recorded July 11, 2012, as Doc. No. 4972008. (As to Parcel 2 Easements lie within the surveyed property, based on the description in the document. Shown on the survey. 27.Terms and conditions, including easements for sidewalk and utility purposes in favor of the City of Edina, as contained in the Sidewalk and Utilities Easement Agreement, dated March 28, 2013, recorded April 15, 2013, as Doc. No. 5067254, as amended by the Amendment to Sidewalk and Utilities Agreement, dated October 28, 2013, recorded November 13, 2013, as Doc. No. 5132843. (As to Parcel 1) Easements lie within the surveyed property, based on the description in the document. Shown on the survey. 28.Terms and conditions of the Declaration in favor of Nine Mile Creek Watershed District, dated August 25, 2016, recorded August 26, 2016, as Doc. No. 5375376. (As to Parcel 1) Lies within the surveyed property, based on the description in the document. Not shown on the survey. 29.Conditions contained in Resolution Approving a Variance by the Planning Commission of the City of Edina, recorded April 19, 2017, as Doc. No. 5438148. (As to Parcels 1 and 2) Lies within the surveyed property, based on the description in the document. Shown on the survey. 30.Terms and conditions of the Encroachment Agreement, between the City of Edina, and Galleria Shopping Center, LLC, dated May 16, 2017, recorded July 20, 2017, as Doc. No. 5459745. (As to Parcel 1) Lies within the surveyed property, based on the description in the document. Shown on the survey. SUBJECT PROPERTY (CONTINUED) DRAFT Dec 02, 2021 - 8:54am - User:dleimbach L:\PROJECTS\50302\CAD\Survey\50302-ALTA.dwg 1/1 ALTA/NSPS LAND TITLE SURVEY DENOTES NO PARKING AREA A 12/02/21 DL Updated field work AIR CONDITIONER Page 18 of 28 UPFDFDMAIN LEVEL:1558 SQ. FT.VALET LEVEL:20,410 SQ. FT.TOTAL:21,969 SQ. FT.GALLERIA STORAGE SUMMARY367517581 SFPOTTERY BARN367014178 SFREJUVENATION36608950 SFPOTTERY BARN KIDS36593034 SFPB TEEN36253506 SFLOUIS VUITTON35802512 SFCOLE HAAN35126981 SFWILLIAMS-SONOMA34902273 SFH.O.B.O.34842227 SFCOACH34802300 SFEILEEN FISHER34644730 SFMADEWELL35452578 SFSWEET GREEN35252015 SFFace Foundrie35111526 SFPUMPZ & CO.CRATE & BARREL1ST FLOOR = 17,000 SF2ND FLOOR = 17,000 SF34455395 SFAMPERSAND34203050 SFJAXON GREY34101483 SFNIC+ZOE33801000 SFHAMMER MADE33601516 SFJ. MCLAUGHLIN33004160 SFJ. JILL32208137 SFPITTSBURGH BLUE33954900 SFFREE PEOPLE33271275 SFMELLY34001900 SFALLURE33401504 SFINVISION OPTICS33301774 SFSHINOLA8000 SF3155COV31952187 SFFILSON3417 SF3190CHICO'S7368 SF3180LILLI SALON & SPA36013180 SFVACANT35656184 SFJB HUDSONJEWELERS35206702 SFCRAVE36001981 SFMARMI36161562 SFROTHY'S36051707 SFKATE SPADE36245469 SFTIFFANY & CO.3515708 SFL'OCCITANE35054218 SFINTERIOR DEFINE34605854 SFTHE GOOD EARTH36151683 SFDAVID YURMAN33353972 SFSUNDANCE34771900 SFSWEET IVY34971982 SFTENANT33251600 SFJOHNNYWASOPENTO BELOW35952346 SFJ.H. &SONS4043 SF3200NEW BALANCEOPEN TO BELOW32751660 SFALLENEDMONDS32952306 SFTWILL BYSCOTTDAYTON32901723 SFBLUEMERCURY3712 SFPATIO36695386 SFBIG BOWL23804 SF3501ARHAUS31602690 SFSTARBUCKSWESTIIN EDINA GALLERIAHOTEL AND RESIDENCES225 ROOMS82 RESIDENTAIL UNITSMCCORMICK & SCHMICK'S SEAFOOD RESTAURANT 5 LEVEL PARKING RAMP4000 SF3165PARACHUTE HOME32651803 SFTRAIL MARK31701255 SFLASERIE35853336 SFFAWBUSH'S3210HOTEL - 3201 RESIDENCES - 3209320335901330 SFTUMI1486 SF3408WARBY PARKER712 SFSTORAGE5284 SF3260ALO717 SFSTORAGE10723 SFPATIO31854276 SFYETI34752572 SFRETAIL34652783 SFRETAIL34552990 SFSWEET PARIS35401617 SFLITTLE'S BYSWEET PARIS320512539 SFARHAUS3804 SFPATIO34732741 SFRETAIL34992019 SFTENANTOPEN TO ABOVE3165L5000 SFSUIT SUPPLY3225L18000 SFDESIGN WITHIN REACH3217L5000 SFTENANT3230L21907 SFBARNES AND NOBLE3512L52L3511L3210L72L874 SFService/Elec34855 SF3501LTenant Space70L69L28L29L30L32L33L34L36L37L38L39L43L51L50L49L47L57L58L60L61L46L64L26L62L74L8L6L71L17L 16L15L27L25L24L23L22L19L18L3452L1010 SFELINATAILORINGManagementOfficeConferenceRoomsElevatorWALKWAYPARKING GARAGEMAIN LEVEL:308,148 SQ. FT.VALET LEVEL: 80,772 SQ. FT.TOTAL:388,920 SQ. FT.GALLERIA LEASE AREA SUMMARYGALLERIA:1878 SEATSWESTIN: 100 SEATSTOTAL:1987 SEATSGALLERIA RESTURANT SEATING SUMMARYREQUIRED SPACES:SHOPPING CENTER(1/350 SF): 1112RESTURANT (1/10 SEATS): 199WESTIN (1/1.5 UNITS): 205TOTAL REQUIRED: 1516TOTAL PROVIDED:GALLERIA:1895WESTIN: 164TOTAL PROVIDED:2052GALLERIA PARKING SUMMARYSheet NumberSheet Title©Copyrightby Cuningham Group Architecture, Inc. (All Rights Reserved)Current Revision RevisionsProject InformationProject No.:PIC / AIC:Date:Phase:Agency Approval6/17/2025 12:29:09 PMAutodesk Docs://Galleria - Landlord Services - RVT2023/Galleria_Leasing-Central.rvtTotal Lease AreaA-2_2025Galleria12-025817 JUNE 2025G. HOUCKStorage SummaryNumber Area6L 1060 SF8L 228 SF9L 123 SF10 543 SF11 303 SF15L 183 SF16L 90 SF17L 103 SF18L 266 SF19L 178 SF22L 58 SF23L 460 SF24L 308 SF25L 18 SF26L 101 SF27L 438 SF28L 312 SF29L 321 SF30L 477 SF32L 161 SF33L 166 SF34L 455 SF36L 173 SF37L 58 SF38L 69 SF39L 742 SF43L 646 SF46L 140 SF47L 268 SF49L 135 SF50L 132 SF51L 126 SF52L 1172 SF57L 71 SF58L 141 SF60L 70 SF61L 170 SF62L 340 SF64L 434 SF69L 692 SF70L 944 SF71L 433 SF72L 1094 SF73 712 SF74L 423 SF3210L 1510 SF3511L 504 SF3512L 4418 SFNo. Date DescriptionA-2_1" = 60'-0"1-Main Level Total Lease AreaA-2_1" = 60'-0"2Proposed Valet Level Total Lease Areaunderground parking (4) L2 EV chargers to replace existing EV charger spaces 2 stalls only (no chargers) with roll-away signage that staff removes at COB daily Page 19 of 28 UPFDFDMAIN LEVEL:1558 SQ. FT.VALET LEVEL:20,410 SQ. FT.TOTAL:21,969 SQ. FT.GALLERIA STORAGE SUMMARY367517581 SFPOTTERY BARN367014178 SFREJUVENATION36608950 SFPOTTERY BARN KIDS36593034 SFPB TEEN36253506 SFLOUIS VUITTON35802512 SFCOLE HAAN35126981 SFWILLIAMS-SONOMA34902273 SFH.O.B.O.34842227 SFCOACH34802300 SFEILEEN FISHER34644730 SFMADEWELL35452578 SFSWEET GREEN35252015 SFFace Foundrie35111526 SFPUMPZ & CO.CRATE & BARREL1ST FLOOR = 17,000 SF2ND FLOOR = 17,000 SF34455395 SFAMPERSAND34203050 SFJAXON GREY34101483 SFNIC+ZOE33801000 SFHAMMER MADE33601516 SFJ. MCLAUGHLIN33004160 SFJ. JILL32208137 SFPITTSBURGH BLUE33954900 SFFREE PEOPLE33271275 SFMELLY34001900 SFALLURE33401504 SFINVISION OPTICS33301774 SFSHINOLA8000 SF3155COV31952187 SFFILSON3417 SF3190CHICO'S7368 SF3180LILLI SALON & SPA36013180 SFVACANT35656184 SFJB HUDSONJEWELERS35206702 SFCRAVE36001981 SFMARMI36161562 SFROTHY'S36051707 SFKATE SPADE36245469 SFTIFFANY & CO.3515708 SFL'OCCITANE35054218 SFINTERIOR DEFINE34605854 SFTHE GOOD EARTH36151683 SFDAVID YURMAN33353972 SFSUNDANCE34771900 SFSWEET IVY34971982 SFTENANT33251600 SFJOHNNYWASOPENTO BELOW35952346 SFJ.H. &SONS4043 SF3200NEW BALANCEOPEN TO BELOW32751660 SFALLENEDMONDS32952306 SFTWILL BYSCOTTDAYTON32901723 SFBLUEMERCURY3712 SFPATIO36695386 SFBIG BOWL23804 SF3501ARHAUS31602690 SFSTARBUCKSWESTIIN EDINA GALLERIAHOTEL AND RESIDENCES225 ROOMS82 RESIDENTAIL UNITSMCCORMICK & SCHMICK'S SEAFOOD RESTAURANT 5 LEVEL PARKING RAMP4000 SF3165PARACHUTE HOME32651803 SFTRAIL MARK31701255 SFLASERIE35853336 SFFAWBUSH'S3210HOTEL - 3201 RESIDENCES - 3209320335901330 SFTUMI1486 SF3408WARBY PARKER712 SFSTORAGE5284 SF3260ALO717 SFSTORAGE10723 SFPATIO31854276 SFYETI34752572 SFRETAIL34652783 SFRETAIL34552990 SFSWEET PARIS35401617 SFLITTLE'S BYSWEET PARIS320512539 SFARHAUS3804 SFPATIO34732741 SFRETAIL34992019 SFTENANTOPEN TO ABOVE3165L5000 SFSUIT SUPPLY3225L18000 SFDESIGN WITHIN REACH3217L5000 SFTENANT3230L21907 SFBARNES AND NOBLE3512L52L3511L3210L72L874 SFService/Elec34855 SF3501LTenant Space70L69L28L29L30L32L33L34L36L37L38L39L43L51L50L49L47L57L58L60L61L46L64L26L62L74L8L6L71L17L 16L15L27L25L24L23L22L19L18L3452L1010 SFELINATAILORINGManagementOfficeConferenceRoomsElevatorWALKWAYPARKING GARAGEMAIN LEVEL:308,148 SQ. FT.VALET LEVEL: 80,772 SQ. FT.TOTAL:388,920 SQ. FT.GALLERIA LEASE AREA SUMMARYGALLERIA:1878 SEATSWESTIN: 100 SEATSTOTAL:1987 SEATSGALLERIA RESTURANT SEATING SUMMARYREQUIRED SPACES:SHOPPING CENTER(1/350 SF): 1112RESTURANT (1/10 SEATS): 199WESTIN (1/1.5 UNITS): 205TOTAL REQUIRED: 1516TOTAL PROVIDED:GALLERIA:1895WESTIN: 164TOTAL PROVIDED:2052GALLERIA PARKING SUMMARYSheet NumberSheet Title©Copyrightby Cuningham Group Architecture, Inc. (All Rights Reserved)Current Revision RevisionsProject InformationProject No.:PIC / AIC:Date:Phase:Agency Approval6/17/2025 12:29:09 PMAutodesk Docs://Galleria - Landlord Services - RVT2023/Galleria_Leasing-Central.rvtTotal Lease AreaA-2_2025Galleria12-025817 JUNE 2025G. HOUCKStorage SummaryNumber Area6L 1060 SF8L 228 SF9L 123 SF10 543 SF11 303 SF15L 183 SF16L 90 SF17L 103 SF18L 266 SF19L 178 SF22L 58 SF23L 460 SF24L 308 SF25L 18 SF26L 101 SF27L 438 SF28L 312 SF29L 321 SF30L 477 SF32L 161 SF33L 166 SF34L 455 SF36L 173 SF37L 58 SF38L 69 SF39L 742 SF43L 646 SF46L 140 SF47L 268 SF49L 135 SF50L 132 SF51L 126 SF52L 1172 SF57L 71 SF58L 141 SF60L 70 SF61L 170 SF62L 340 SF64L 434 SF69L 692 SF70L 944 SF71L 433 SF72L 1094 SF73 712 SF74L 423 SF3210L 1510 SF3511L 504 SF3512L 4418 SFNo. Date DescriptionA-2_1" = 60'-0"1-Main Level Total Lease AreaA-2_1" = 60'-0"2Proposed Valet Level Total Lease AreaPage 20 of 28 Location – 3510 Galleria Page 21 of 28 Zoning Map Page 22 of 28 Future Land Use Map Page 23 of 28 Land Use Conditional Use Permits Published: May 10, 2021 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. Conditional use A conditional use is a land use the city permits in a zoning district only when the applicant meets certain standards. The zoning ordinance typically sets out: General standards that apply to all conditional uses, and Specific standards that apply to a particular conditional use in a given zoning district. A use is typically conditional because of: Hazards inherent in the use itself, or Special problems that its proposed location may present. For example, cities o en designate uses that generate traffic (such as family child care, service stations, convenience stores, or drive-thrus) as conditional uses. Conditional use permit A conditional use permit (CUP) is a document. A city issues a permit to allow a conditional use when the applicant meets the general and specific ordinance standards. The permit allows the use only if the applicant addresses the standards set forth in the zoning ordinance. State law authorizes conditional use permits (Minn. Stat. § 462.3595). General CUP standards A zoning ordinance typically details general standards that apply to all conditional uses. For example, an ordinance might require all conditional uses to conform to the comprehensive land use plan of the community, be compatible with adjoining properties, and be served by adequate roads and public utilities. Speci c CUP standards Many zoning ordinances will also set out specific standards for a particular conditional use, such as businesses operating a drive-thru. Specific standards o en address off-street parking and loading areas, landscaping and site plan, and hours of business operation. Granting conditional use permits Generally, cities may only grant CUPs for uses specifically listed in the zoning ordinance as conditional uses in a particular zoning district. 7/15/25, 10:53 AM Land Use Conditional Use Permits - League of Minnesota Cities https://www.lmc.org/resources/land-use-conditional-use-permits/1/4Page 24 of 28 If a use is not designated as a conditional use in a zoning district, then arguably the city may not issue a CUP without first amending the zoning ordinance to provide for the conditional use. This would, of course, allow other applicants to apply for a conditional use permit under the same standards. Who grants a CUP Planning commissions o en first consider the CUP application and make recommendations to the city council. State statute allows the city council to assign its CUP approval to another authority. Some cities designate the planning commission as the approving body but typically the city council approves a CUP. Required approval If a proposed conditional use satisfies both the general and specific standards set out in the zoning ordinance, the applicant is entitled to the conditional use permit. If the applicant meets all the ordinance standards, the city usually has no legal basis to deny the CUP. 60-Day rule A written request for a CUP 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). Other conditions on permits A city may attach reasonable conditions relating to the ordinance standards to a CUP based upon factual evidence contained in public record. For example, if a zoning ordinance says a conditional use should not have adverse visual or noise impacts on any adjacent property, a city might require specific screening and landscaping conditions to address any potential impacts established in the record. Time limits not permitted State statute says a CUP remains in effect as long as the conditions agreed upon are observed (Minn. Stat. § 462.3595, subd. 3).The attorney general says time limits, such as sunset provisions or automatic annual review, are not consistent with state law, explaining that cities may not enact or enforce provisions that allow a city to terminate CUPs without regard to whether the conditions agreed upon are observed (A.G. Op. 59-A-32 (February 27, 1990)). If a city wishes to place time constraints on particular uses, the appropriate zoning tool is an interim use permit, not a conditional use permit. State law authorizes interim use permits for: A temporary use of property until a particular date; Until the occurrence of a particular event; or Until zoning regulations no longer permit it (Stat. § 462.3597). Public hearings The city may allow a proposed conditional use only a er a statutorily required public hearing (Minn. Stat. § 462.3595, subd. 2). The city must provide published notice of the time, place, and 7/15/25, 10:53 AM Land Use Conditional Use Permits - League of Minnesota Cities https://www.lmc.org/resources/land-use-conditional-use-permits/2/4Page 25 of 28 purpose of the hearing on a proposed CUP at least 10 days prior to the day of the hearing. If the decision affects an area of five acres or less, the city may need to mail notice to property owners within a 350-foot radius of the land in question. The purpose of the public hearing is to help develop a factual record as to whether the applicant meets the relevant ordinance standards such that the CUP should be granted (Minn. Stat. § 462.357, subd. 3). City role in hearing A city exercises “quasi-judicial” authority when considering a CUP application. This means the cityʼs role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards. If the applicant meets the standards, then the CUP should be granted. In contrast, when the city designates certain uses as conditional in the zoning ordinance the city is exercising “legislative” authority and has much broader discretion. Learn more about conducting public hearings in the Leagueʼs Zoning Guide for Cities Role of neighborhood opinion Neighborhood opinion alone is not a valid basis for granting or denying a CUP. While city officials may feel their decision should reflect the overall preferences of residents, their task is limited to evaluating how the CUP application meets the ordinance standards. Residents can o en provide important facts to help the city address whether the application meets the standards, but unsubstantiated opinions and reactions to an application are not a legitimate basis for a CUP decision. If neighborhood opinion serves as the sole basis of the decision, it could be overturned by a court if challenged. Documentation of hearing Whatever its decision, a city should create a record that will support it. If a city denies a CUP application, the 60-day rule requires the reasons for the denial be put in writing. Even if a city approves a CUP, a written statement explaining the decision is advisable. The written statement should address the general and specific ordinance standards and explain the relevant facts and conclusions. For information on creating a record, see Taking the Mystery Out of Findings of Fact Conditional use permit after issuance A conditional use permit 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 (Minn. Stat. § 462.3595, subd. 3). State statute requires CUPs be recorded with the county recorderʼs office (Minn. Stat. § 462.3595, subd. 4). When the property is sold, the new landowner will have the continued right to the CUP so long as the conditions are met. A city can revoke a conditional use permit if there is not substantial compliance with conditions. The revocation must be based upon factual evidence, a er appropriate notice and hearing. Because a CUP is a property right, a city should work closely with the city attorney if considering a CUP revocation. 7/15/25, 10:53 AM Land Use Conditional Use Permits - League of Minnesota Cities https://www.lmc.org/resources/land-use-conditional-use-permits/3/4Page 26 of 28 Your LMC Resource Jed Burkett Loss Control/Land Use Attorney (651) 281-1247 or (800) 925-1122 jburkett@lmc.org 7/15/25, 10:53 AM Land Use Conditional Use Permits - League of Minnesota Cities https://www.lmc.org/resources/land-use-conditional-use-permits/4/4Page 27 of 28 July 23, 2025 Cary Teague, Community Development Director Nate Borwege, Chief Building Official & Dave Ehmiller, Fire Marshal Proposed Galleria Mall addition of Rivian Electric Vehicle Dealer Information / Background: Existing 1 story enclosed mall with covered parking and outdoor parking. - This is a mercantile occupancy using the 2020 Minnesota State Building Code & Fire Code and adopted appendices. - Fire Department recommendations include: o Removal of high voltage batteries prior to placement in the structure. o If this is not possible, the following may provide for an increased level of safety. Provide Ordinary Hazard Group 2 sprinkler coverage in the tenant space. 25% max charge for high voltage batteries indoors. An operational permit will be required for all vehicles entering the building. Provide vehicle manufacturer’s protocol/process for extinguishing electric vehicle fire. Exterior garage door access to the tenant space for easier removal of vehicles during emergencies. Smoke control system for the tenant’s space. o EV chargers shall be located on the exterior or nearest the vehicle exit if under the structure. Provide Ordinary Hazard Group 2 sprinkler coverage in the covered parking areas. o See Fire Permits and Policies page on the city website for additional information. (https://www.edinamn.gov/717/Fire-Permits-Policies) - Building Division Requirements include: o SAC determination from MET Council Required. o MN licensed architect to provide code analysis and construction documents for permitting. o Engineered plumbing, mechanical and electrical plans required. Structural plans may be required. - Working Hours: Monday – Friday 7 A.M. to 7 P.M. Saturdays – 9A.M. to 5 P.M. Sundays and Holidays – No Work Allowed - A 60% design review meeting with city staff prior to submitting application for building permit is recommended. Page 28 of 28