HomeMy WebLinkAbout2025-09-10 Planning Commission Packet
Meeting location:
Edina City Hall
Council Chambers
4801 W. 50th St.
Edina, MN
Planning Commission Meeting Agenda
Wednesday, September 10, 2025
7:00 PM
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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 August 27, 2025
5. Special Recognitions and Presentations
5.1. Welcome Student Commissioners, Leanore Just and Aditi Jha
6. 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.
7. Public Hearings
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
Page 1 of 228
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.
7.1. Site Plan Review and Variance at 5036 France Avenue South
7.2. Ordinance No. 2025-09; An Ordinance Amending Chapter 36 of the Edina City Code
Concerning Zoning, Article X. Floodplain Districts
7.3. Ordinance No. 2025-10; An Ordinance Amendment Regarding Stormwater
Management
8. Reports/Recommendations
8.1. 2026-27 Planning Commission Work Plan
9. Chair and Member Comments
10. Staff Comments
11. Adjournment
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d
ITEM REPORT
Date: September 10, 2025 Item Activity: Approve
Meeting: Planning Commission
Agenda Number: 4.1
Prepared By: Liz Olson, Administrative Support
Specialist
Item Type: Minutes Department: Community Development
Item Title: Minutes from Regular Meeting August 27, 2025
Action Requested:
Approve the minutes.
Information/Background:
None.
Supporting Documentation:
1. Minutes from Regular Meeting August 27, 2025
Page 3 of 228
Draft Minutes☒
Approved Minutes☐
Approved Date: ___, 2025
Page 1 of 3
Minutes
City Of Edina, Minnesota
Planning Commission
Edina City Hall Council Chambers
August 27, 2025
I.Call To Order
Chair Bennett called the meeting to order at 7:00 p.m. He extended thoughts and prayers to the
Minneapolis and Annunciation communities for the recent tragedy.
II.Roll Call
Answering the roll call were: Commissioners Alkire, Daye, Felt, Hahneman, Nelson, Padilla, Smith, and
Chair Bennett. Staff Present: Cary Teague, Community Development Director, Dave Kendall, City
Attorney, and Liz Olson, Administrative Support Specialist.
Absent from the roll call: Commissioners Bornstein, Jha, and Joncas.
III.Approval Of Meeting Agenda
Commissioner Daye moved to approve the agenda for August 27, 2025. Commissioner
Nelson seconded the motion. Motion carried unanimously.
IV.Approval Of Meeting Minutes
A. Minutes: Planning Commission, August 13, 2025
Commissioner Nelson moved to approve the August 13, 2025, meeting minutes.
Commissioner Hahneman seconded the motion. Motion carried unanimously.
V.Community Comment
None.
VI.Public Hearings
A. Subdivision, 6417 Warren Avenue
Director Teague presented the request of Bellin Construction for a subdivision. Staff recommended
approval of the subdivision, as requested, subject to the findings and conditions listed in the staff report.
Appearing for the Applicant
Mr. Tim Bellin, owner of Bellin Construction, introduced himself and provided a background of the
project.
Page 4 of 228
Draft Minutes☒
Approved Minutes☐
Approved Date: ___, 2025
Page 2 of 3
The Commission asked questions of the applicant and staff.
Public Hearing
Mr. Andre Supplee, 6421 Warren Avenue, addressed the Commission and indicated he was in favor of this
subdivision.
Ms. Nancy Wilson, of 5400 Mildred Avenue, addressed the Commission and inquired whether a survey
had been conducted.
Commissioner Alkire moved to close the public hearing. Commissioner Hahneman
seconded the motion. Motion carried unanimously.
The Commission discussed the proposed subdivision and deemed the changes to be appropriate.
Motion
Commissioner Daye moved that the Planning Commission recommend approval to the City
Council of the subdivision as outlined in the staff memo, subject to the conditions and findings
therein. Commissioner Padilla seconded the motion. Motion carried unanimously.
Commission comments can be viewed on the official City website.
VII. Reports/Recommendations
A.Resolution B-25-12 Finding that the Proposed Sale of Property at 5146 Eden Avenue
is Consistent with the Comprehensive Plan
Director Teague presented the proposed sale of property at 5146 Eden Avenue. Staff recommended
approval of the resolution, subject to the findings and conditions listed in the staff report, as requested.
City Attorney Dave Kendall attended the meeting to assist in answering questions.
Chair Bennett recused himself due to a possible conflict of interest. He noted his wife works for the
preferred development partner. He turned the meeting over to the Vice-Chair Alkire.
Staff answered Commission questions.
The Commission reviewed the resolution and determined that it was consistent with the comprehensive
plan.
Motion
Commissioner Daye moved that the Planning Commission approve Resolution B-25-12, as
outlined in the staff memo, subject to the conditions and findings therein. Commissioner
Hahneman seconded the motion. Motion carried with one abstention (Bennett).
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Draft Minutes☒
Approved Minutes☐
Approved Date: ___, 2025
Page 3 of 3
Commission comments can be viewed on the official City website.
B. 2026-27 Work Plan
Director Teague presented the 2026-27 Work Plan.
Staff answered Commission questions.
Commission comments can be viewed on the official City website.
VIII. Chair and Member Comments
Received.
X. Staff Comments
Received.
XI. Adjournment
Commissioner Daye moved to adjourn the August 27, 2025, Meeting of the Edina Planning
Commission at 8:07 p.m. Commissioner Hahneman seconded the motion. Motion carried
unanimously.
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BOARD & COMMISSION
ITEM REPORT
Date: September 10, 2025 Item Activity:
Meeting: Planning Commission
Agenda Number: 5.1
Prepared By:
Item Type: Other Department: Community Development
Item Title: Welcome Student Commissioners, Leanore Just and Aditi Jha
Action Requested:
Provide the action requested.
Information/Background:
If you can complete the background in four short paragraphs, you will only need to create an item
report.
Supporting Documentation:
None
Page 7 of 228
BOARD & COMMISSION
ITEM REPORT
Date: September 10, 2025 Item Activity: Approve
Meeting: Planning Commission
Agenda Number: 7.1
Prepared By:
Item Type: Public Hearing Department: Community Development
Item Title: Site Plan Review and Variance at 5036 France Avenue South
Action Requested:
Motion to recommend denial of the site plan and variance.
Information/Background:
The property owner at 5036 France Avenue South is proposing a partial second-story addition to the
existing one-story building. At the time of this report, the building is occupied by Cocina Del Barrio
restaurant. The building is proposed to continue to be used as a restaurant. The applicant states in
their narrative that the existing building is due for an update and a second-floor addition is proposed
as part of the improvement. The existing building will remain largely as it is now, with updates to the
entry door and building color. The second-floor addition is approximately 1,508 square feet of gross
floor area and would consist of a gabled glass conservatory that would house additional dining and bar
space. There is no off-street parking existing or proposed on the property. The proposed project
requires the following:
1. Site Plan Review
2. Variance from Section 36-1311 and 36-1312 to allow floor area ratio (FAR) of approximately
1.2 without providing additional off-street parking spaces where a FAR up to 1.0 is allowed
before additional off-street parking spaces must be provided. The proposal results in a
parking stall variance of 14 stalls.
Better Together Public Input
Link to 50th & France Small Area Plan
Supporting Documentation:
1. Staff Report
2. Location Map-Zoning-Comp Plan
3. Applicant Narrative
4. Proposed Plans
5. Additional Renderings
6. Parking Study
7. Transportation Planner Comments
8. Land Use Variances - League of Minnesota Cities
9. Applicant Presentation
10. Staff Presentation
Page 8 of 228
September 10, 2025
PLANNING COMMISSION
Addison Lewis, Community Development Coordinator
Site Plan Review and Variance at 5036 France Avenue South
Information / Background:
The property owner at 5036 France Avenue South is proposing a partial second story addition to
the existing one-story building. At the time of this report, the building is occupied by Cocina Del
Barrio restaurant. The building is proposed to continue to be used as a restaurant. The applicant
states in their narrative that the existing building is due for an update and a second-floor addition is
proposed as part of the improvement. The existing building will remain largely as it is now, with
updates to the entry door and building color. The second-floor addition is approximately 1,508
square feet of gross floor area and would consist of a gabled glass conservatory that would house
additional dining and bar space. There is no off-street parking existing or proposed on the
property. The proposed project requires the following:
1. Site Plan Review
2. Variance from Section 36-1311 and 36-1312 to allow floor area ratio (FAR) of
approximately 1.2 without providing additional off-street parking spaces where a FAR up to
1.0 is allowed before additional off-street parking spaces must be provided. The proposal
results in a parking stall variance of 14 stalls.
Surrounding Land Uses
Northerly: Commercial; zoned PCD-2; guided Mixed Use Center
Easterly: (City of Minneapolis) Commercial; zoned CM3; guided Community Mixed Use
Southerly: Commercial; zoned PCD-2; guided Mixed Use Center
Westerly: Parking Ramp; zoned APD; guided Mixed Use Center
Page 9 of 228
STAFF REPORT Page 2
Existing Site Features
The property is 6,110 square feet in area. A one-story commercial building occupies nearly the
entire parcel. According to Hennepin County, the building was constructed in 1975.
Planning
Guide Plan designation: Mixed Use Center
Zoning: Planned Commercial District 2 (PCD-2)
SITE PLAN REVIEW
Section 36-123 establishes the parameters for when site plan review is required. In this case, site
plan review is required because the building is proposed to increase gross floor area by more than
10% and increase the requirement for additional parking. The purpose of site plan review is to
ensure compliance with the standards imposed by the zoning ordinance. Except for the off-street
parking variance, staff believe the proposed project complies with the requirements of the
ordinance.
Compliance Table
PCD-2 Proposed
Building Setbacks
Front – France
Avenue
Side – North
Side – South
Rear – West
8.5 feet
0 feet
0 feet
25 feet
(to the proposed addition)
10.4 feet
0.2 feet
0 feet
80 feet
Building Height Four Stories and 48
feet
Two stories & 28 feet
Building Coverage
Floor Area Ratio
N/A
1.5
N/A
1.2
Page 10 of 228
STAFF REPORT Page 3
Parking Stalls 14 0*
Building material
Brick or Stone on
the first 60 feet of a
building facing the
public realm.
Brick, glass, metal
*Requires variance
Building/Building Materials
Section 36-618, (11), of the Zoning Ordinance states “All facades on the first vertical 60 feet of a
building (above grade) shall use natural materials (brick, stone) facing the public realm (streets, parks,
sidewalks). In addition, “All subsequent additions, exterior alterations and accessory buildings constructed
after the erection of an original building shall be constructed of the same materials as the original building
and shall be designed in a manner conforming to the original architectural design and general appearance.”
On the east façade facing France Avenue, the existing first story is primarily brick with large
windows and a small amount of metal panel. The proposed second story includes a glass
conservatory with metal flashing and additional brick on either side of the conservatory. The
north, south and west facades are primarily brick. The plan renderings show decorative vegetation
on the sides of the building. The second story includes an outdoor terrace, which would be closed
off to customers, but would include plants to enhance the exterior aesthetics.
Grading/Drainage/Utilities
No site grading is proposed. No comments from the Engineering Department were received.
Mechanical Equipment
Any new rooftop and/or ground level equipment would have to be screened per Section 36-1457
to 36-1462
Parking
Like many buildings in the 50th & France area, the existing building footprint occupies nearly the
entire property. As a result, there is no existing or proposed off-street parking on the property.
Section 36-1312 of the Zoning Ordinance says that “Parking for uses in the 50th and France
commercial node may rely on the City Parking Ramps with a floor area ratio up to 1.0 as defined in section
36-10. Uses exceeding 1.0 must provide additional off-street parking spaces for the square footage above
1.0.” Floor area ratio (FAR) is defined in Section 36-10 as gross floor area divided by lot area. The
second-story addition will result in FAR increasing from 0.94 to 1.2. Therefore, the applicant is
responsible for providing off-street parking for the floor area above an FAR of 1.0. Section 36-
1311(p) requires that restaurants provide at least one space for each 100 square feet of indoor
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STAFF REPORT Page 4
floor area, plus one space for each employee on the major shift. The applicant has stated there
would be 19 employees on the largest shift. Below is the calculation determining that 14 parking
spaces are required.
7,252 sq. ft. Gross Floor Area - 6,110 sq. ft. Lot Area = 1,142 sq ft. (floor area above FAR of 1.0)
1,142 sq. ft. / 100 = 11.42 spaces
+
19 employees x (0.2/1.2) = 3.17 spaces (additional spaces required for staff at largest shift
proportional to amount of FAR over 1.0)
11.42 + 3.17 = 14.59 spaces
- 10% reduction for transit within ¼ mile (per Section 36-1324)
14.59 – 1.46 = 13.13 (round up to nearest whole number)
14 parking spaces required
Since no off-street parking is provided, a variance for 14 spaces is necessary. At the time of this
report, the applicant states that they are in the process of coordinating a parking agreement with
the adjacent landowner at 5050 France Avenue (the BMO Harris Bank location) to utilize the 31
parking spaces on that property. A copy of that agreement has not yet been provided to the City.
The applicant states that the hours of the bank (9am-5pm M-F and 9am-12pm on Saturday) do not
overlap with the proposed operating hours of the new restaurant, which is proposed to be open
for dinner hours starting at 5pm. Lunch will not be offered.
Section 36-1325 does allow for shared parking through private agreements between property
owners but the following are required:
1. The applicants must provide evidence that there is no substantial conflict in the principal
operating hours of the buildings or uses for the proposed shared parking facilities. For
purposes of this subsection, no substantial conflict shall mean either: (a) up to 75 percent of
the required parking for daytime use may be provided in the parking facilities of a nighttime
or weekend use; or (b) up to 75 percent of the required parking for a nighttime or
weekend use may be provided in the parking facilities of a daytime use. The application must
include a parking plan that address the hours, size, and mode of operation of the respective
uses. Within the Planned Commercial District, an applicant shall document proposed shared
parking proposals via the Urban Land Institute Shared Parking Model (ULI Shared Parking,
Second Edition).
2. The minimum spaces required under a shared parking agreement shall be the number of
spaces required for the use that requires the most parking.
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STAFF REPORT Page 5
3. A form agreement for shared parking facilities shall be developed by the city attorney. The
agreement must run with the land. After the city council approves the agreement then it
must be recorded within 60 days after council approval. A certified copy of the recorded
document shall be provided to the city planner within 60 days of recording.
4. To qualify, the application must show that all parking addressed by the application is located
within 300 feet of the benefitted structure's main entrance. Additionally, adequate
pedestrian access must be available between the benefitted structure and all parking spaces.
The applicant is also proposing to utilize a valet service to increase the parking capacity of the
surface lot at 5050 France Avenue. The applicant states that valet customers would pull into the lot
of 5050, out of the way of traffic on France Avenue and believes that 45+ vehicles can be
accommodated in the lot. The applicant also stated they will be offering incentives and transit
passes for employees to further reduce parking demand. The property is adjacent to Metro
Transit Route 46 and the E-Line, which is scheduled to begin service in December of this year.
The applicant’s parking study indicates that the FAR above 1.0 is likely to generate an average
parking demand of 16 stalls on a Friday. Customers of the restaurant are likely to park in the
South Ramp, adjacent to the property. The ramps at 50th & France are equipped with technology
to count the number of vehicles entering and leaving the ramp. The technology is not perfect but
provides an estimate of the utilization of the ramps on any given day and at what time the peak
demand occurred. The applicant’s parking study indicates that peak demand is expected to occur
Friday’s and Saturdays during dinner hours. Staff analyzed a sample of data for the South Ramp
from 2023 to present day and found that the average peak occupancy on a Friday or Saturday is
82%. With 408 stalls in the South Ramp, this means that an average of 73 stalls were available at
the time of peak demand. On Fridays and Saturdays, the peak demand occurred between 5pm and
10pm 86% of the time.
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:
1. The variance would be in harmony with the general purposes and intent of the
ordinance.
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STAFF REPORT Page 6
The ordinance allows businesses at 50th & France to rely on the city-owned public parking
ramps for uses up to a FAR of 1.0. Uses exceeding a FAR of 1.0 must provide additional off-
street parking. The parking ramps at 50th & France are a shared resource and this restriction
is intended to distribute the available parking fairly among all properties in the district. If a
use is allowed to exceed a FAR of 1.0, it would arguably be using more than its fair share of
the district parking. If all properties were allowed the same amount of FAR as proposed at
this property, it is possible there would be a shortage of parking at peak times, though this
would need to be studied. Since the variance would contradict the intent of distributing the
parking fairly, staff do not believe the variance would be in harmony with the general
purposes and intent of the ordinance. If the City would like businesses to be allowed to
expand beyond a FAR of 1.0 without providing additional parking, staff recommend the issue
be studied and the code amended so that the opportunity is available to all property owners
at 50th & France, rather than granting individual variances. Criteria not met.
2. The variance would be consistent with the Comprehensive Plan.
The Comprehensive Plan guides the property for “Mixed-Use Center”, which is described
as “Established or emerging mixed-use districts serving areas larger than one neighborhood (and
beyond city boundaries). Primary uses: Retail, office, service, multifamily residential and institutional
uses.” The use of the property as a restaurant is consistent with the Comprehensive Plan.
Within “Mixed-Use Center”, structured and shared parking is to be required or encouraged
to support efficient use of land and increased walkability.
The variance would allow for the expansion of a restaurant by a local business owner,
contributing to the economic vitality and vibrancy of the area. This could be viewed as
supporting the following goal in the Economic Competitiveness chapter of the
Comprehensive Plan:
• Goal: Encourage vibrant neighborhood commercial nodes that meet resident needs for
goods and services and build a sense of community. Take steps to encourage locally -owned
small businesses.
Many goals in the Transportation Chapter of the Comprehensive Plan (as well as the
Climate Action Plan) support and encourage non-motorized transportation and transit
over automobile transportation, which conflict with increasing parking supply to make
driving more convenient.
However, the 50th & France Small Area Plan, says the following about parking on page 71:
Free parking is provided at the study area, and it is expected that this will continue. Before
construction activities began for the Nolan Mains development, there were 907 parking stalls
provided in three parking ramps and various surface lots within the district. After completion of the
Nolan Mains development project there will be 1,170 free parking stalls in three ramps and various
surface lots. Analysis showed at the least busy time of the year (October), there will be a district -
wide parking demand for 978 stalls, resulting in an excess supply of 192 parking stalls. At the
busiest time of the year (December), there will be a district-wide demand for 1,119 stalls, resulting
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STAFF REPORT Page 7
in a 51 stall excess in capacity. Neither of these excesses is sufficiently large enough to
accommodate an increase in parking demand if sufficient development and redevelopment occur.
Therefore, developments in the study area will need to either provide their own parking or
public/private agreements will need to be reached on how to meet the increased demand.
Although the project would align with many goals of the Comprehensive Plan, given the
small area plan specifically states that new development would need to provide additional
parking or reach private agreements for additional parking, staff do not find the variance
would be consistent with the Comprehensive Plan. If an agreement for shared parking with
the neighboring property owner is provided that is acceptable to the City, then the variance
could be considered consistent with the Comprehensive Plan. Criteria not 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 applicant is proposing a relatively small addition to the existing building. The
applicant has stated that the addition is necessary to make the business viable. There
is no space on the property to provide additional parking. Staff find 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.
The applicant is requesting the variance because there is no room on the property
to provide additional off-street parking; however, this is the case for most buildings
at 50th & France and is not unique to the subject property. It is possible that many
other property owners in the district could request to exceed a FAR of 1.0 and not
provide additional parking. If the City would like businesses to be allowed to expand
beyond a FAR of 1.0 without providing additional parking, staff recommend the issue
be studied and the code amended so that the opportunity is available to all property
owners at 50th & France, rather than granting individual variances.
Alternatively, if a shared parking agreement is reached with the adjacent landowner
that is determined to be acceptable, the City may find that the property is unique in
that it is adjacent to a property with a daytime use, making it uniquely well suited for
shared parking. Criteria not met.
iii. The variance, if granted, will not alter the essential character of the locality.
The proposed addition is relatively small compared to the total commercial square
footage in the entire 50th & France district. Even without a shared parking
agreement with the neighboring property, this variance alone is not likely to have a
significant impact on the amount of available parking most hours of the day, most
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STAFF REPORT Page 8
days of the week. The applicant’s parking study says that the variance will generate
demand for an additional 16 spaces on an average Friday. Data from the South
Ramp indicates that even at peak demand, there are 72 spaces available in the South
Ramp on the average Friday or Saturday night. If similar variances were granted for
additional property owners in the district, there could be a shortage of parking.
Criteria met.
Staff Recommendation
Staff recommend denial of the requested variance and site plan. Denial is based on the following
findings:
1. The variance would contradict the purpose and intent of the ordinance which is to
distribute the available parking within the public ramps fairly to all property owners in the
district.
2. The 50th & France Small Area Plan, which is adopted as part of the Comprehensive Plan,
states that new development must provide parking to accommodate additional demand or
provide a private agreement for shared parking. The applicant is not proposing to provide
parking for the additional demand and has not provided a private agreement for shared
parking that complies with Section 36-1325. Therefore, the variance is not consistent with
the Comprehensive Plan.
3. The plight of the landowner is not due to circumstances unique to the property. The plight
of the landowner is that the existing building occupies nearly the entire parcel and there is
no room on the property to provide additional parking; however, this condition is true for
most properties in the 50th & France district.
4. Without a variance to Section 36-1311 and 36-1312, the site plan does not comply with the
zoning ordinance because it does not provide adequate parking.
If the City Council would like to approve the site plan and variance, staff recommend approval
based on the following findings:
1. The purpose and intent of the ordinance is to ensure there is adequate parking for all
businesses within the 50th & France district. The amount of additional parking demand
generated by the proposed addition is small compared to the entire district. The variance is
not likely to result in a noticeable change in the amount of available parking in the district
most hours of the day, most days of the week. Therefore, the variance would be in
harmony with the general purposes and intent of the ordinance.
2. The Comprehensive Plan encourages efficient use of land and encourages alternative
transportation modes such as biking, walking and transit. Requiring the property owner to
construct additional parking so that parking is more convenient would contradict these
goals. Therefore, the variance is consistent with the Comprehensive Plan.
3. The property owner is proposing to use the property in a reasonable manner not permitted
by the zoning ordinance. The property owner has stated that the addition is necessary to
make the business viable and there is no space on the property to provide additional
parking.
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STAFF REPORT Page 9
4. The property owner has secured access to additional parking through a private agreement
for shared parking with the adjacent property owner. The property is unique in that it is
adjacent to another property with a surface parking lot and the hours of the adjacent use
do not conflict with the hours of the proposed restaurant.
5. The proposed addition is relatively small compared to the total commercial square footage
in the entire 50th and France district. The variance is not likely to have a noticeable impact
on the amount of available parking in the district. Therefore, the variance will not alter the
essential character of the locality.
6. With approval of the variance from Section 36-1311 and 36-1312, the site plan complies
with all other requirements of the zoning ordinance.
Staff recommend that approval be subject to the following conditions:
1. Plans submitted at the time of building permit shall be consistent with the plans dated
August 22, 2025 and marked as received by the Planning Department on August 25, 2025.
2. The property owner shall provide information about transit routes and schedules in a public
space within the building to encourage the use of transit.
3. Any proposed changes to on-street parking restrictions on France Avenue must be
reviewed by the City’s Traffic Safety Committee and approved by Hennepin County.
4. Any new rooftop and/or ground level equipment would have to be screened per Section
36-1457 to 36-1462 of the City Code.
5. The final lighting plan must comply with the minimum requirements of Section 36-1260 of
the City Code.
Deadline for a City decision: October 23, 2025.
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Location – 5036 France Ave S
Page 18 of 228
Zoning Map
Page 19 of 228
Future Land Use Map
Page 20 of 228
5026 FRANCE AVENUE S, EDINA MN
SITE PLAN REVIEW APPLICATION
Statement of use:
This project is an expansion to an established restaurant in the 50th and France neighborhood.
The existing single story building is due for an update, and a second floor addition is proposed
as part of the improvement. The existing building will remain largely as it is now, with updates to
the entry door and building color. The bulk of the second floor addition is a gabled glass
conservatory housing additional dining space. The addition will be a high-performing insulated
glass structure, using high-quality systems from regional manufacturers.
The remainder of the second floor addition houses stairs and restrooms. The portion is clad in a
painted brick, similar to the existing facade, and set back from the street in order to feature the
glassy rooftop structure. There is no impact on the site footprint, and no part of the addition
projects into any setbacks.
The approval of this expansion would invigorate the neighborhood restaurant scene. It would
be an amenity for the community, as well as attracting visitors from the metro area to this
important business district. The owner has successfully operated a business at this location for
decades. The current building owner has teamed with the DDP Restaurant group for a new
restaurant to be housed at this location. This same team has collaborated on two other highly
successful restaurants in the metro area: Bar la Grassa and Porzana in the North Loop
neighborhood and Minari in the NE neighborhood. These restaurants have been highly lauded
for their beautiful design and environment by media and guests.
LEGAL DESCRIPTION OF PROPERTY
That part of Lot 49, Auditor’s Subdivision Number 172, Hennepin County, Minnesota, described
as follows:
Beginning at a point in the East line of said Lot 49, distant 2 feet South of the Northeast
corner thereof, thence South along the East line of said Lot 49 to a point therein distant 42.16
feet South of the Northeast corner of said Lot 49, thence Westerly to a point in the West line of
the East ½ of said Lot 49 distant 43.3 feet South of the North line of said Lot 49; thence North
along said West line of the East ½ of said Lot 49 to a point 2 feet South of the North line of said
Lot 49, thence East to the point of beginning.
Aug 22, 2025
Submitted
8/25/25
Planning
Page 21 of 228
5026 FRANCE AVENUE S, EDINA MN
VARIANCE APPLICATION
Variance request:
A variance is requested to allow for an expansion to the existing building at 5036 France Ave S
without meeting the required parking increase.
The proposed second floor addition to the building at 5036 France Ave S would create a Floor
Area Ratio of 1.2. The required parking for this addition would be 11 parking spaces, plus 1
additional space for each additional employee during peak staffing, for a total of 14 spaces
(See calculations below).
There is no space on the property itself to provide any parking. Therefore a variance is
requested.
11.42 + 3.167 = 15 stalls
Minus 10% reduction for transit = 14 stalls required
Gross Floor Area (per the definition in Municode 36-10 that excludes stairs, elevators,
restrooms, and mechanical spaces)
Lvl 0: 1,814sf
Lvl 1: 3,930sf
Lvl 2: 1,508sf
Total: 7,252sf
Lot Area: 6,110sf
FAR = 1.2
Parking space required for each 100 sf beyond FAR of 1.0:
+1,142sf =11.42 spaces
Staff required at largest shift proportional to amount of FAR over 1.0:
(0.2/1.2) x 19 employees =3.167 stalls
11.42 + 3.167 = 14.587 stalls
Transit w/in ¼ mile is a 10% reduction in the requirement
14.587 - 1.47 = 13.13
14 parking spaces required
Aug 22, 2025
Submitted
8/25/25
Planning
Page 22 of 228
Findings:
The variance would be in harmony with the general purposes and intent of the ordinance.
The proposed variance request is in harmony with the intent of the ordinance, which is to
accommodate additional parking demand created by the expansion without additional burden to
the shared City Parking Ramps.
The owner intends to mitigate these additional parking burdens in the neighborhood by
providing the following measures:
1) A shared parking agreement is being coordinated with the adjacent landowner at
5050 France (the BMO Harris Bank location). Valet services will be handled on this lot
by Uptown Valet Inc., out of the way of traffic on France Avenue.
2) Incentives/transit passes for employees.
Additionally, the adjacent property at 5050 France Avenue South, with whom the parking
agreement has been negotiated, contains 20 parking spaces accessed directly from France
Avenue, along with an additional 17 spaces at the back, accessed from 51st Street.
● These spaces are used during the bank hours of 9am-5pm M-F and 9am-12pm
on Saturday. These hours do not overlap with the proposed operating hours of
the new restaurant, which will be open for dinner hours starting at 5pm. Lunch
will not be offered.
● The building at 5050 France Ave S is well below the FAR of 1.0 that allows for
reliance on the City Parking Ramps in the 50th and France commercial node.
Therefore it could be considered that all of the spaces on that lot are ‘extra’
spaces and so use of these is in fact alleviating parking burden on the shared
ramps.
The variance would be consistent with the Comprehensive Plan.
The proposed project aligns with all eight points listed in the Small Area Plan for the 50th and
France district: Connectivity, Building Design, Density and Scale, Economic Vitality, Public
Realm, Urban Design, Site Sustainability, Access, Parking and Movement.
The existing restaurant can reasonably be considered one of the “sophisticated dining
opportunities that are an important part of the character of 50th & France today” (per the
50th-France Small Area Plan). Expansion will allow the business to evolve and grow to better
meet the demands of the surrounding community for upscale dining experiences and it will
contribute to the neighborhood’s character as a dining and shopping hub throughout the metro.
The proposed restaurant will provide a high level of service and a unique experience: dining
year round in an atrium-like space that provides a connection to nature and views of this unique
urban neighborhood. Adding a second story is a more environmentally responsible way to
Aug 22, 2025
Submitted
8/25/25
Planning
Page 23 of 228
expand: it increases density and by retaining as much built structure as possible, less carbon
energy is put into new materials. Minimal intervention to the existing building below also
ensures that the charm and character of the street remains. The addition of Valet services to the
restaurant will lessen the pressure of the expansion on the city parking and street parking.
Coordination of the valet services to occur out of the flow of traffic will maintain movement and
flow on France Avenue.
The property owner proposes to use the property in a reasonable manner not permitted by the
ordinance.
The use of the property will not change with the proposed addition: it will remain a restaurant,
which is allowed and encouraged by the Comprehensive Plan.
The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
The landowner is unable to provide the required parking spaces on the property, as the existing
structure (built before the current landowner acquired it) extends very close to the property lines
on all sides.
The variance will not alter the essential character of the locality.
The essential character of the neighborhood will not be altered by this variance, as the existing
building will be retained and the addition will otherwise comply with the zoning code.
Aug 22, 2025
Submitted
8/25/25
Planning
Page 24 of 228
Submitted 8/25/25 PlanningPage 25 of 228
Submitted 8/25/25 PlanningPage 26 of 228
Submitted 8/25/25 PlanningPage 27 of 228
Submitted 8/25/25 PlanningPage 28 of 228
Submitted 8/25/25 PlanningPage 29 of 228
Submitted 8/25/25 PlanningPage 30 of 228
Submitted 8/25/25 PlanningPage 31 of 228
Submitted 8/25/25 PlanningPage 32 of 228
Submitted 8/25/25 PlanningPage 33 of 228
5036 FRANCE AVE S - RESTAURANT EXPANSION AUGUST 4, 2025
FRANCE AVENUE (EAST) FACADE
SITE PHOTOGRAPHS
Submitted
8/25/25
PlanningPage 34 of 228
5036 FRANCE AVE S - RESTAURANT EXPANSION AUGUST 4, 2025
SOUTH FACADE (FRONTS ADJACENT BANK PARKING LOT)
SITE PHOTOGRAPHS
Submitted
8/25/25
PlanningPage 35 of 228
5036 FRANCE AVE S - RESTAURANT EXPANSION AUGUST 4, 2025
ALLEY (WEST) FACADE, BACKS UP TO CITY PARKING RAMP
SITE PHOTOGRAPHS
Submitted
8/25/25
PlanningPage 36 of 228
5036 FRANCE AVE S - RESTAURANT EXPANSION AUGUST 4, 2025
EXTERIOR RENDERING - DUSK RENDERED IMAGES
Submitted
8/25/25
PlanningPage 37 of 228
5036 FRANCE AVE S - RESTAURANT EXPANSION AUGUST 4, 2025
EXTERIOR RENDERING - MIDDAY RENDERED IMAGES
Submitted
8/25/25
PlanningPage 38 of 228
5036 FRANCE AVE S - RESTAURANT EXPANSION AUGUST 4, 2025
EXTERIOR MATERIAL DIAGRAMS
5.
AWNING & ACCENT PAINT COLOR:
BENJAMIN MOORE ‘WARMED COGNAC’
2.
EXISTING BRICK AND METAL PAINT COLOR:
SHERWIN WILLIAMS ‘RIPE OLIVE’
1.
ALUMINUM FRAMING SYSTEM FOR
CONSERVATORY:
PATINA GREEN
3.
NEW BRICK PAINT COLOR
SHERWIN WILLIAMS ‘ROCK GARDEN’
4.
EXISTING WINDOW FRAMES:
DARK BRONZE ANODIZED
1.
2.
3.
4.
5.
2.
3.4.
1.
RENDERED IMAGES
Submitted
8/25/25
PlanningPage 39 of 228
5036 FRANCE AVE S - RESTAURANT EXPANSION AUGUST 4, 2025
GLASS CONSERVATORY PRECEDENTS
Submitted
8/25/25
PlanningPage 40 of 228
5036 FRANCE AVE S - RESTAURANT EXPANSION AUGUST 4, 2025
DARK GREEN PAINTED BRICK PRECEDENTS
CABLE TRELLIS
PRECEDENTS
Submitted
8/25/25
PlanningPage 41 of 228
PARKING REVIEW
| www.transportationcollaborative.com |
To: Ryan Burnet
Americana
From: Matt Pacyna, PE, Principal
Transportation Collaborative & Consultants, LLC
Date: September 4, 2025
Subject: Barrio Restaurant Expansion Preliminary Parking Review; Edina, MN
INTRODUCTION
TC2 conducted a preliminary parking review for the proposed expansion and rebrand of Barrio at 5036
France Avenue in Edina, MN. The restaurant is located along the west side of France Avenue (CR 17)
between 50th Street and 51st Street. The goal of this review is to understand existing parking conditions
and identify preliminary parking impacts / considerations associated with the proposed expansion. The
following information summarizes the review process, preliminary findings, and potential next steps.
BUSINESS OPERATIONS / PROPOSED CHANGES
The existing restaurant has a total gross floor area (GFA) of 7,200 square feet, which accommodates
about 160 seats (140 interior / 20 exterior patio) and 45 employees. The proposed expansion would
increase the GFA by 2,000 square feet, which would accommodate about 75 additional seats and up to
15 additional employees. Upon completion, the total GFA would be 9,200 square feet with a capacity of
approximately 235 seats and up to 60 employees. Note that for purposes of the parking demand
analysis, the GFA does not exclude the area for stairs, elevators, restrooms, and mechanical spaces.
The existing restaurant is open daily with hours of operation starting at 11 a.m. and ending between
9 and 11 p.m., depending on the day of the week. However, with the rebrand, the restaurant does not
plan to offer breakfast or lunch service and will operate exclusively during dinner hours. Peak activity at
the restaurant is expected on Fridays and Saturdays between 6 and 8 p.m. There is no dedicated
parking associated with the existing restaurant or planned to be with the proposed expansion. Most
employees either use public transportation or find parking within the 50th / France area. Note that valet
parking is currently under consideration and is being coordinated with nearby property owners who
have available parking lots.
PARKING DEMAND
The existing and future parking demand for the restaurant was estimated using the Institute of
Transportation Engineers (ITE) Parking Generation Manual, 6th Edition. The ITE data is the industry
standard and based on actual data collected at similar uses. For purposes of this review, the estimates
were based on ITE Land Use Code 932 – High-Turnover (Sit-Down) Restaurant and used both the
building size (square footage) and the number of seats as independent variables. This approach was
used to provide two reference points for the parking demand, which helps illustrate the range in parking
demand for the restaurant land use. Note that the parking demand was estimated for both a typical
weekday (Monday through Thursday) and a Friday condition; the ITE data for Saturday is lower than the
peak Friday condition. The parking demand estimates, which include both the average and 85th
percentile demands, are summarized in Table 1.
Page 42 of 228
Barrio Restaurant Expansion Preliminary Parking Review September 4, 2025
Page 2
The parking demand analysis identified that the two independent variables resulted in a similar range of
parking demand increase. In general, the increase in average parking demand related to the proposed
expansion is expected to range from approximately 18 to 35 spaces, depending on the day of the week,
while the increase in 85th percentile parking demand is expected to range from approximately 27 to 59
spaces. Note that the 85th percentile parking demand is the parking capacity needed to accommodate
the peak parking demand experienced by 85% of users and is considered a conservative estimate
designed to handle the vast majority of situations. The average rate is likely a more representative
parking demand in this location given the walkability and transit service within the area. As noted earlier,
the peak parking demand for the restaurant is expected to occur on Fridays and Saturdays between
6 and 8 p.m., when activity at several other uses within the 50th & France area decreases.
Table 1 Parking Demand Summary
Land Use
(Variable) Size
Weekday Rate
(Average to
85th Percentile)
Friday Rate
(Average to
85th Percentile)
Parking Demand
(Average to 85th Percentile)
Weekday Friday
Existing (SF) 7,200 SF 8.97 to 13.44
spaces per KSF
14.27 to 20.24
spaces per KSF 65 to 97 spaces 103 to 146 spaces
Existing (Seats) 160 seats 0.28 to 0.48
spaces per seat
0.47 to 0.79
spaces per seat 45 to 77 spaces 75 to 127 spaces
Proposed (SF) +2,000 SF 8.97 to 13.44
spaces per KSF
14.27 to 20.24
spaces per KSF +18 to 27 spaces +29 to 41 spaces
Proposed (Seats) +75 seats 0.28 to 0.48
spaces per seat
0.47 to 0.79
spaces per seat +21 to 36 spaces +35 to 59 spaces
Total Parking Demand (SF) 83 to 124 spaces 132 to 187 spaces
Total Parking Demand (Seats) 66 to 113 spaces 110 to 186 spaces
Total Parking Demand (Average of both variables) 75 to 119 spaces 121 to 186 spaces
Proposed (SF)
Variance Related +1,142 SF * 8.97 to 13.44
spaces per KSF
14.27 to 20.24
spaces per KSF +10 to 15 spaces +16 to 23 spaces
* Represents the restaurant expansion area associated with the proposed variance request.
Based on discussion with City staff, the proposed restaurant is not required to provide dedicated parking
up to a floor-area-ratio (FAR) of 1.0 given the district parking approach used in the 50th / France area.
Since a portion of the proposed development expansion exceeds this threshold, an additional parking
demand estimate was developed for the expansion area that is in excess of the 1.0 FAR, which
represents 1,142 square feet. The supplemental analysis identified that the parking demand related to
the excess FAR is expected to range from an average of approximately 10 to 16 spaces, depending on
the day of the week, while the 85th percentile parking demand is expected to range from approximately
15 to 23 spaces. This information is provided for informational purposes per City staff.
Page 43 of 228
Barrio Restaurant Expansion Preliminary Parking Review September 4, 2025
Page 3
PARKING REVIEW FINDINGS
Since the existing restaurant does not provide dedicated parking, most users are anticipated to continue
to utilize the South 50th & France Parking Ramp immediately to the west of the restaurant or on-street
parking within the area. Existing parking availability and / or utilization within the area was not reviewed
as part of this study. Note that restaurant management is in the planning stages of developing valet
operations and / or a shared parking agreement with adjacent properties to better manage existing /
future parking for patrons and employees. In addition, management could encourage the use of
alternative modes (i.e., walk, bike, transit), potentially through incentives or the provision of transit
passes; the MetroTransit E Line Bus Rapid Transit (BRT) is anticipated to open in late 2025 along France
Avenue, which will improve transit access for patrons and employees.
Page 44 of 228
1
Addison Lewis
From:Addison Lewis
Sent:Friday, September 5, 2025 11:15 AM
To:Addison Lewis
Subject:FW: 5036 France - Site Plan Application
From: Andrew Scipioni <ascipioni@EdinaMN.gov>
Sent: Thursday, September 4, 2025 10:57 AM
To: Addison Lewis <ALewis@EdinaMN.gov>
Subject: RE: 5036 France - Site Plan Application
Addison,
Here are my comments:
I agree that this development qualifies for an off-street parking reduction per Sec. 36-1324 based
on proximity to the METRO E Line station at 50th & France. The applicant must agree to provide
information about transit routes and schedules in a public space within the building to encourage
the use of transit.
The applicant should consider adopting a METRO E Line station at 50 th & France through Metro
Transit’s Adopt-a-Stop Program. Through this program, the adoptee receives 10 free rides per
month, which can be distributed to employees or patrons.
It looks like their valet service will utilize the parking lot at 5050 France Ave (BMO Bank) rather
than the on-street parking spaces on France Ave adjacent to the parcel. If they can secure a
private agreement with this property, I’m ok with this arrangement. Any proposed changes to on-
street parking restrictions on France Ave need to be reviewed by the City’s Traffic Safety
Committee and approved by Hennepin County.
Thanks,
Andrew Scipioni, Transportation Planner
He/Him
952-826-0440 | Fax 952-826-0392
7450 Metro Blvd. | Edina, MN 55439
ascipioni@EdinaMN.gov | EdinaMN.gov
Share your thoughts and ideas with the City online! Visit www.BetterTogetherEdina.org.
Page 45 of 228
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 o en 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.
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.
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In contrast, when the city writes the rules in the zoning ordinance, the city is exercising
“legislative” authority and has much broader discretion.
Practical dif culties
“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.
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).
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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.
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 not 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.
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Residents can o en 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.
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
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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)
Your LMC Resource
Jed Burkett
Loss Control/Land Use Attorney
(651) 281-1247 or (800) 925-1122
jburkett@lmc.org
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AMERICANA
Reviving the Heart of Edina’s Dining Scene
Page 51 of 228
AMERICANA
Reviving the Heart of Edina’s Dining Scene
Page 52 of 228
With legacy restaurants closing on 50th and
France, the reflection from consumers is
they want something new and fresh to
draw visitors and diners to the iconic Edina
block.
This is an opportunity to reset the
neighborhood’s dining identity.
We’re planting the flag for vibrant,
community-driven, future-focused dining.
Why Now?
Page 53 of 228
Alignment with 50th & France Vision
•Connectivity & Public Realm
→ Year-round dining in an atrium-like rooftop connects guests to nature and the neighborhood.
→ Creates a gathering place that strengthens community life.
•Building Design, Density & Scale
→ Adds a second story responsibly by reusing the existing structure and preserving street charm.
→ Expands density without overwhelming the block.
•Economic Vitality
→ Reinforces 50th & France as a premier metro dining hub.
→ Meets demand for upscale, sophisticated dining experiences.
•Urban Design & Character
→ Glass rooftop is unique in the Twin Cities, creating a destination draw.
→ Enhances and maintains the historic character of the block.
•Site Sustainability
→ Adaptive reuse minimizes carbon footprint by retaining existing building materials.
→ Environmentally responsible growth that sets a precedent for the district.
•Access, Parking & Movement
→ Valet services reduce pressure on city and street parking.
→ Coordinated valet ensures smooth traffic flow on France Avenue.
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Addressing City of Edina Ordinances
•Traffic and Parking
•Facade
•Lighting
Page 58 of 228
Parking Study and Valet Plan
DIVISION 3.PARKING AND CIRCULATION
Subdivision I.In General
Secs. 36-1292—36-1310.Reserved.
Subdivision II.Parking Spaces
Sec. 36-1311.Minimum number required.
(p) Restaurants (except within shopping centers). At least one space for each 100 square feet of
indoor floor area, plus one space for each employee on the major shift and one space for each
loading dock.
Page 59 of 228
Highlights of the Parking Study:
INTRODUCTION
TC2 conducted a preliminary parking review for the proposed expansion and rebrand of Barrio at 5036 France Avenue
in Edina, MN. The restaurant is located along the west side of France Avenue (CR 17) between 50th Street and 51st
Street. The goal of this review is to understand existing parking conditions and identify preliminary parking impacts /
considerations associated with the proposed expansion. The following information summarizes the review process,
preliminary findings, and potential next steps.
Traffic Study Exhibit A
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Parking Information Provided by the City of Edina:
Bill Neuendorf Email on August 22, 2025:
“Historically, the peak parking demand occurred from 11 am to 3 pm on Wed-Thur-Fri. The busiest season has
historically been Nov-Dec when more people, shop for gifts, dine with family & friends and shop for essentials. Some
of these trends may change based on changing consumer habits, shopping trends, and customer destinations.”
“On 5/13/25 for example, it shows that of the 408 parking stalls available in the South Ramp, the highest occupancy
occurred at 11:58 AM and notes that 208 vehicles used the parking stalls that day.
To me, this infers that there were 200+ empty stalls at the same time. And also infers that there are MORE than 200
parking stalls available later in the day.
Note that the peak occupancy changes depending on day of week and season. Also note that these numbers are
reasonably accurate but not 100% precise. It is possible to have more than 100% occupancy if customers make
short visits and parking stalls are used by multiple people on the same day.”
Parking Exhibit B:
South Ramp Parking Counts May, June, July 2025
South Ramp Parking Counts October 2024 to June 2025
Page 62 of 228
5036 Americana LLC Plans:
The proposed variance request is in harmony with the intent of the ordinance, which is to accommodate additional
parking demand created by the expansion without additional burden to the shared City Parking Ramps.
Private Parking Lease:
Utilizing long-standing relationships, Ryan Burnet engaged owner of 5050 France Avenue South property owner, 5050
France Ave., LLC to enter into a Parking Lease that would provide parking spaces during the restaurant’s operating
hours.
Valet:
Americana’s owners have utilized Uptown Valet at a number of other restaurant operations. Uptown Valet’s staff has
been fully trained in safety and efficiency parking vehicles at busy restaurants. They did a number of site visits to 50th
& France and provided two valet parking options to satisfy the Landlord at 5050 France Avenue South, as well as
ensure traffic on France Avenue will flow with no interruption.
Public Transportation:
Americana will engage Metro Transit to be able to offer incentives or discounted passes to utilize public
transportation.
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Precedents of Glass
Conservatories
Year-round vibrancy: four-season rooftop experience.
Bold investment in Edina at a time when others are scaling back.
A landmark that draws visitors, media attention, and community pride.
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Precedents of Dark Exterior
Facades
Sec 36-618
(11) Building design and construction.In addition to the other restrictions of this section and article III of chapter 10,
the use, construction, alteration or enlargement of any building or structure within the Planned Commercial District
shall meet the following standards:
a. All new front building façades in the district that face the public realm must have 75 percent transparency (ability to
see inside the building) at the ground level.
b. All facades on the first vertical 60 feet of a building (above grade) shall use natural materials (brick, stone) facing the
public realm (streets, parks, sidewalks).
c. No building façade shall be longer than 200 feet without changing direction by a minimum of 90 degrees.
d. First floors must have a minimum ceiling height of 20 feet.
e. Exceptions may be made to a-d above for an affordable housing project that has over 50 percent of the units
considered to affordable housing as defined in section 36-612(1).
f. All subsequent additions, exterior alterations and accessory buildings constructed after the erection of an original
building shall be constructed of the same materials as the original building and shall be designed in a manner
conforming to the original architectural design and general appearance.
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Conservatory Lighting Plan
Sec. 36-1260.Lighting. All exterior lighting and illuminating devices shall be provided with lenses, reflectors or
shades so as to concentrate illumination on the property of the owner or operator of the lighting or illuminating
devices. Rays of light or illumination shall not pass beyond the property lines of the premises utilizing the lights
or illumination at an intensity greater than 0.5 footcandle measured at property lines abutting property zoned
residential and one footcandle measured at property lines abutting streets or property zoned nonresidential. No
light source, lamp or luminaire shall be directed beyond the boundaries of the lighted or illuminated premises.
(Code 1970; Code 1992, § 850.07(10); Ord. No. 2014-18, § 5, 11-18-2014)
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Lighting:
Conservatory has Dining Room Light Fixtures on dimmable switches, while Back of House Service Areas are
enclosed, keep compliant with Health Department code requirements.
Opaque Wall on the Northside, which is the portion of the Conservatory on the Residential Building side.
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Americana’s Boldness
•With Edina Grill closing and R.F. Moellers
taking over the space, hundreds of
restaurants have been lost from a crucial
part of Edina’s community. With Salut's
potential closing, the neighborhood will
likely be losing another 200+ seats of dining
on the block, as the restaurant community
holistically is struggling greatly.
•Rather than closing, we fully intend to take
a bold step to ignite the block with the
vitality that all of the 50th and France
businesses and residents expect and
deserve. This investment signals to the
community and broader Twin Cities that we
are deeply committed and all in.
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EdinaMN.gov
Site Plan Review and Variance at 5036 France Ave South
September 10, 2025
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Location – 5036 France Ave S
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Zoning Map
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Future Land Use Map
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Future Land Use Map
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Requests
1.Site Plan Review
2.Variance from Section 36-1311 and 36-1312 to allow floor area ratio (FAR) of
approximately 1.2 without providing additional off-street parking spaces where a FAR up
to 1.0 is allowed before additional off-street parking spaces must be provided. The
proposal results in a parking stall variance of 14 stalls.
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Parking Requirements
•Sec. 36 -1311 requires restaurants provide: at least one space for each 100 square feet of indoor floor
area, plus one space for each employee on the major shift
•Sec 36-1312 states: Parking for uses in the 50th and France commercial node may rely on the City Parking
Ramps with a floor area ratio up to 1.0 as defined in section 36-10. Uses exceeding 1.0 must provide
additional off-street parking spaces for the square footage above 1.0
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Variance Criteria
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:
1.The variance would be in harmony with the general purposes and intent of the ordinance.
2.The variance would be consistent with the Comprehensive Plan.
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.
ii.The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
iii.The variance, if granted, will not alter the essential character of the locality.
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Staff Findings
1.The variance would be in harmony with the general purposes and intent of the ordinance.
•The parking ramps at 50th & France are a shared resource and the FAR restriction is intended to
distribute the available parking fairly among all properties in the district. If a use is allowed to
exceed a FAR of 1.0, it would arguably be using more than its fair share of the district parking. If all
properties were allowed to exceed a FAR of 1, it is possible there would be a parking shortage.
Criteria not met.
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Staff Findings
2.The variance would be consistent with the Comprehensive Plan.
•There are many goals in the Comprehensive Plan that encourage the city to support vibrant
commercial nodes and to support non-motorized transportation and transit, which would conflict
with increasing parking supply to make driving more convenient.
•However, the 50 th & France Small Area Plan specifically references the FAR limit and notes that the
existing parking supply is insufficient to accommodate an increase in demand from additional
redevelopment. The plan states: “developments in the study area will need to either provide their
own parking or public/private agreements will need to be reached on how to meet the increased
demand.” Criteria not met.
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Staff Findings
i.The property owner proposes to use the property in a reasonable manner not permitted by the
Zoning Ordinance.
•The applicant is proposing a relatively small addition that requires additional parking. The applicant states the
addition is necessary to make the business viable. There is no space on the property to provide additional
parking. Staff find the request reasonable. Criteria not met.
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Staff Findings
ii.The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
•The plight of the landowner is that there is no space on the existing property to provide additional parking;
however, this is true for most buildings at 50th & France and is not unique to the subject property. It is
possible that the City could receive similar variance requests from other property owners in the district.
Criteria not met.
•(If these types of expansions are desired, staff recommend exploring amending the code so that the same
opportunity is available to all property owners in the district.)
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Staff Findings
iii.The variance, if granted, will not alter the essential character of the locality.
•Given that the floor area of the addition is relatively small compared to the total commercial floor area in the
district, this variance alone is not likely to have a significant impact on the amount of available parking most
hours of the day, most days of the week.
•Data from the South Ramp indicate 73 spaces are available during peak time on the average Friday and
Saturday. The applicant’s parking study indicated additional demand for 16 stalls on the average Friday evening
for the floor area above FAR of 1.0. Criteria met.
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Staff Recommendation
Based on the findings, staff recommend denial of the requested variance and site plan.
Alternative findings for approval are also provided in the staff report. If the site plan and variance are to be
approved, staff recommend the following conditions:
1.Plans submitted at the time of building permit shall be consistent with the plans dated August 22, 2025
and marked as received by the Planning Department on August 25, 2025.
2.The property owner shall provide information about transit routes and schedules in a public space within
the building to encourage the use of transit.
3.Any proposed changes to on-street parking restrictions on France Avenue must be reviewed by the City’s
Traffic Safety Committee and approved by Hennepin County.
4.Any new rooftop and/or ground level equipment would have to be screened per Section 36-1457 to 36-
1462 of the City Code.
5.The final lighting plan must comply with the minimum requirements of Section 36-1260 of the City Code.
Deadline for a City decision: October 23, 2025.
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Questions
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BOARD & COMMISSION
ITEM REPORT
Date: September 10, 2025 Item Activity: Approve
Meeting: Planning Commission
Agenda Number: 7.2
Prepared By:
Item Type: Public Hearing Department: Community Development
Item Title: Ordinance No. 2025-09; An Ordinance Amending Chapter 36 of the Edina City
Code Concerning Zoning, Article X. Floodplain Districts
Action Requested:
Motion to recommend approval of Ordinance No. 2025-09.
Information/Background:
Staff are proposing an update to the Floodplain Districts Overlay Ordinance. The purpose of the
proposed update is to;
• Incorporate local floodplain development policy adopted in Water Resources Management
Plan (WRMP) following major amendment in December 2022 to incorporate the Flood Risk
Reduction Strategy (FRRS).
• Incorporate a more recent state model ordinance. The Minnesota Department of Natural
Resources (MN DNR), the state floodplain regulatory agency, did a comprehensive review of
state rules, federal regulations, and Federal Emergency Management Agency (FEMA) policy
and released an updated model ordinance in 2022.
• Incorporate a Letter of Map Revision (LOMR) panel approved by FEMA.
Better Together Public Input
Supporting Documentation:
1. Staff Report
2. Proposed Floodplain Ordinance Copy
3. Existing Floodplain Ordinance to be Removed (Reference Only)
4. MnDNR- Letter of Conditional Approval of Floodplain Ordinance and Required Next Steps
5. DNR Comments on Draft Ordinance
6. FEMA Letter of Map Revision
7. FEMA Letter of Map Revision Determination Document
8. Staff Presentation
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City of Edina • 4801 W. 50th St. • Edina, MN 55424
Information / Background:
Staff are proposing an update to the Floodplain Districts Overlay Ordinance. The purpose of the
proposed update is to;
• Incorporate local floodplain development policy adopted in Water Resources Management Plan
(WRMP) following major amendment in December 2022 to incorporate the Flood Risk
Reduction Strategy (FRRS).
• Incorporate a more recent state model ordinance. The Minnesota Department of Natural
Resources (MN DNR), the state floodplain regulatory agency, did a comprehensive review of
state rules, federal regulations, and Federal Emergency Management Agency (FEMA) policy and
released an updated model ordinance in 2022.
• Incorporate a Letter of Map Revision (LOMR) panel approved by FEMA.
FEMA administers the National Flood Insurance Program (NFIP) which aims to reduce the impact of
flooding on private and public structures by providing affordable insurance and requiring participating
communities to adopt and enforce ordinances that meet or exceed FEMA requirements to reduce the
risk of flooding. The City joined the NFIP in 1980.
Flood Insurance Rate Maps (FIRM) and a Flood Insurance Study (FIS) are produced county by county in
support of the NFIP. These products identify and delineate flood hazard areas and have implications for
flood insurance and land development. The current effective FEMA FIRM and FIS were adopted by the
City in 2016.
The city maintains a local hydraulic and hydrologic model which shows areas prone to inundation and
predicts peak water surface elevations as a result of a design storm or snowmelt event. These are
shown in the city’s Interactive Water Resources Map. Compared to the FEMA data, the local model
incorporates more modern precipitation data and landform data, as well as the details of the city’s storm
sewer network. The city’s model suggests actual flood elevations are higher than the FEMA maps
predict, and more areas have flood exposure including areas away from regional waterbodies. When the
Date: September 10, 2025
To: Planning Commission
From: Jessica V. Wilson, CFM, Water Resources Manager
Subject: Ordinance No. 2025-09 Amending Chapter 36 of the Edina City Code Concerning Zoning,
Article X. Floodplain Districts
Staff Recommendation: Recommend approval of ordinance no. 2025-09 amending Chapter
36 of the Edina City Code concerning Zoning, Article X. Floodplain Districts.
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City of Edina • 4801 W. 50th St. • Edina, MN 55424
city first developed the local map in 2017 and the extent of flood exposure could be visualized, it
spurred the development of the Flood Risk Reduction Strategy to come up with a framework for
comprehensively addressing the issue. This is done through several areas of work including
infrastructure, outreach and engagement, emergency services, and regulation.
While the NFIP establishes minimum requirements for ordinances, communities are allowed and
encouraged to adopt customized higher local standards. The proposed update is necessary to align with
the strategy to comprehensively reduce risk throughout the community. Edina’s Flood Risk Reduction
Strategy was approved in April 2020 and was incorporated into the Water Resources Management Plan
via major amendment in December 2022.
City staff have collaborated with the MN DNR to adapt the model ordinance to incorporate the policies
outlined in the Water Resources Management Plan. A copy of the conditional letter of approval from
MN DNR with enclosures and the proposed ordinance revision are attached.
Summary of notable changes and considerations
• A new Local Flood Area District has been created to codify the policies in the Water Resources
Management Plan. The Local Flood Area District section establishes standards for permitted
uses including minimum regulatory flood protection elevations, conditions for earth moving and
fill, and below-grade garages and parking standards for structures outside of R-1 and R-2 zoning
districts.
• The City of Edina’s Interactive Water Resources Map is incorporated by reference as well as
several new definitions to support the applicable regulations within the Local Flood Area
District.
• The purpose section was revised to acknowledge the impact of climate change as a current and
future challenge and to acknowledge other pathways for flood risk including groundwater and
sanitary sewer backflow, aligning with the broader spirit of the Flood Risk Reduction Strategy.
• Clarifications were made to the sections describing substantial improvement and substantial
damage determinations and applicability, as well as acceptable alternative elevation methods.
• Proposed text ensures elevation standards apply to accessory dwelling units in floodplain
districts, consistent with the purpose to promote public health, safety, and general welfare by
minimizing losses and disruptions in flood hazard areas.
• A new panel is incorporated by reference. Letter of Map Revision, Case No. 25-05-1025P, with
an effective date of December 26, 2025, including all attached maps, tables, and flood profiles: all
prepared by the Federal Emergency Management Agency.
The Flood Risk Reduction Strategy aims to increase community capacity to withstand and recover from
flood hazards. Regulating floodplain development is a key area of work for making progress toward the
goal of comprehensively reducing flood risk across the community.
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ORDINANCE NO. 2025-09
AN ORDINANCE AMENDING CHAPTER 36 OF THE EDINA CITY CODE
CONCERNING ZONING, ARTICLE X. FLOODPLAIN DISTRICTS
THE CITY COUNCIL OF EDINA ORDAINS:
Chapter 36, Article X of the Edina City Code is repealed in its entirety and replaced as follows:
DIVISION 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
Sec. 36-749. Statutory Authorization.
This floodplain ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 103F; Minnesota Rules, parts 6120.5000 – 6120.6200; the rules and
regulations of the National Flood Insurance Program (NFIP) in 44 CFR § 59 to 78; and the planning and
zoning enabling legislation in Minnesota Statutes, Chapter 462.
Sec. 36-750. Purpose.
(1) This ordinance regulates development in the flood hazard areas of the City of Edina. These
flood hazard areas are subject to periodic inundation, which may result in loss of life and
property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax
base. It is the purpose of this ordinance to promote public health, safety, and general welfare
by minimizing these losses and disruptions.
(2) This ordinance is adopted in the public interest to promote sound land use practices, and
floodplains are a land resource to be developed in a manner which will result in minimum loss
of life and threat to health, and reduction of private and public economic loss caused by
flooding.
(3) This ordinance is adopted to maintain eligibility in the National Flood Insurance Program.
(4) This ordinance is also intended to preserve the natural characteristics and functions of
watercourses and floodplains in order to moderate flood and stormwater impacts, improve
water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational
opportunities, provide aesthetic benefits and enhance community and economic development.
(5) While this ordinance is primarily focused on reducing exposure and vulnerability of structures
to flooding from surface sources, the City of Edina recognizes that seepage from high
groundwater and sanitary sewer backflow are also pathways for flood exposure and that
individual properties are responsible for understanding their exposure to all sources of
flooding and implementing specific flood exposure or vulnerability reducing measures. Site
specific standards for “Local Flood Areas”, as defined in Division 2 of this ordinance, allow
redevelopment flexibility to make specific tradeoffs between flood exposure and vulnerability
reducing measures for equivalent or improved flood risk reduction. Regulation is one of four
key strategies used in the City of Edina Flood Risk Reduction Strategy of the City’s Water
Resources Management Plan.
(6) Climate change is increasing the risks associated with flooding through more frequent and
intense storm events, altered precipitation patterns, and prolonged elevated groundwater
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levels during wet cycles, creating long-term challenges. Promoting risk-informed development
can mitigate the impacts of flooding on current and future generations.
Sec. 36-751. Abrogation and Greater Restrictions.
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements,
covenants, or other private agreements. The standards in this ordinance take precedence over any less
restrictive, conflicting local laws, ordinances, or codes. All other ordinances inconsistent with this
ordinance are hereby repealed to the extent of the inconsistency only.
Sec. 36-752. Warning and Disclaimer of Liability.
This ordinance does not imply that areas outside the floodplain districts or land uses permitted
within such districts will be free from flooding or flood damages. Not all flood risk is mapped. Larger
floods do occur and the flood height may be increased by man-made or natural causes, such as ice jams
or bridge openings restricted by debris. This ordinance does not create liability on the part of the City
of Edina or its officers or employees for any flood damages that result from reliance on this ordinance
or any administrative decision lawfully made hereunder.
Sec. 36-753. Severability.
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or
invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full
force.
Secs. 36-754—36-770. Reserved.
DIVISION 2. DEFINITIONS
Sec. 36-771. Definitions.
Unless specifically defined, words or phrases used in this ordinance must be interpreted
according to common usage and so as to give this ordinance its most reasonable application.
Accessory Structure means a structure, as defined in this ordinance, that is on the same parcel of
property as, and is incidental to, the principal structure or use; an accessory structure specifically
excludes structures used for human habitation.
Base Flood means the flood having a one-percent chance of being equaled or exceeded in any given
year.
Base Flood Elevation (BFE) means the elevation of the base flood, or one-percent annual chance
flood.
Basement means any area of a structure, including crawl spaces, having its floor subgrade (below
ground level) on all sides, regardless of the depth of excavation below ground level.
Building. See Structure.
Channel means a natural or artificial depression of perceptible extent, with definite bed and banks
to confine and conduct flowing water either continuously or periodically.
Conditional Use means as defined in section 36-10.
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Critical Storm Event means a design storm which provides the highest flood discharges/water surface
elevations for the flooding source. This may include the one-percent annual chance flood or 10-day
snowmelt event.
Development means any man-made change to improved or unimproved real estate, including, but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials.
Equal Degree of Encroachment means a method of determining the location of floodway boundaries
so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of
flood flows.
FEMA means Federal Emergency Management Agency.
Flood means a temporary rise in the stream flow or water surface elevation from any source that
results in the inundation of normally dry land areas.
Flood Fringe means the portion of the one-percent annual chance floodplain located outside of the
floodway.
Flood Insurance Rate Map (FIRM) means an official map on which the Federal Insurance
Administrator has delineated both the special flood hazard areas and the risk premium zones applicable
to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM).
Flood Insurance Study (FIS) means the study referenced in section 36-792, which is an examination,
evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations, or
an examination, evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion
hazards.
Floodplain means the beds, channel and the areas adjoining a wetland, lake or watercourse, or other
source which have been or hereafter may be inundated by the base flood.
Floodproofing means a combination of structural and non-structural additions, changes, or
adjustments to properties and structures subject to flooding, primarily for the reduction or elimination
of flood damages.
Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions
of the adjoining floodplain which must be reserved to carry or store the base flood discharge.
Flood Flow Path means areas of land with expected concentrated overland flow or overflow from a
Local Flood Area in the 1-percent annual chance event, which may be planned or unplanned.
General Floodplain means those floodplains designated on the Flood Insurance Rate Maps referenced
in section 36-792, but that do not have a delineated floodway.
Landlocked basin means a basin that does not have an outlet in the 10-percent annual chance event.
Local Flood Area means flood prone areas not shown on the Flood Insurance Rate Maps referenced
in section 36-792, which are located outside of the Floodway, Flood Fringe, and General Floodplain
Districts. Local Flood Area is synonymous with the term “Local 1-Percent Annual Chance Flood
Inundation” used in the Water Resources Management Plan and the City of Edina’s Interactive Water
Resources Map.
Light Duty Truck means any motor vehicle that has all three of the following:
(1) 8,500 pounds Gross Vehicle Weight Rating or less;
(2) vehicle curb weight of 6,000 pounds or less; and
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(3) basic vehicle frontal area less than 45 square feet.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement).
Lowest Opening Elevation means the lowest opening of a structure, for example garage door,
windowsill elevation, top of dry-floodproofed window well elevation, or walkout or door threshold
elevation.
Manufactured Home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to
the required utilities. The term “manufactured home” does not include the term “recreational vehicle.”
New Construction means structures for which the start of construction commenced on or after the
effective date of an adopted floodplain management regulation, and includes any subsequent
improvements to such structures.
Ponding Basin means an area used for long term or extended flood storage, for example detention
basins/ponds, retention basins/pond, natural waterbodies, or other areas that provide flood storage
either by design or naturally.
Principal Structure means the main building or other structure on a lot that is utilized for the
property’s principal use.
Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river
influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river
between two consecutive bridge crossings would most typically constitute a reach.
Recreational Vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when
measured at the largest horizontal projection, is designed to be self-propelled or permanently towable
by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use. Those vehicles not meeting this
definition shall be considered a structure for the purposes of this ordinance. For the purposes of this
ordinance, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle.”
Regional Tailwater means the Local Flood Area which is controlled or significantly affected by the
regional flood as shown in the Floodway, Flood Fringe, and General Floodplain Districts.
Regulatory Flood Protection Elevation (RFPE) means an elevation that is two feet above the elevation of
the base flood or, for landlocked basins in the Local Flood Area District, an elevation that is two feet
above the elevation of the critical storm event elevation.
Special flood hazard area (SFHA) means an area having special flood, mudslide (i.e., mudflow), or
flood-related erosion hazards, and shown on a Flood Hazard Boundary Map (FHBM) or FIRM as Zone A,
AO, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE, V, M, or E.
Stage Increase means any increase in the water surface elevation during the one-percent annual
chance flood caused by encroachments on the floodplain.
Start of Construction includes substantial improvement, and means the date the permit was issued,
provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or
other improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings, such as
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garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration affects the external dimensions of the
building.
Structure means a roofed building, including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. Recreational vehicles not considered travel ready, as detailed
in section 36-952(2), shall also be considered a structure for the purposes of this ordinance.
Subdivision means as defined in section 32-2.
Substantial Damage means damage of any origin sustained by a structure where the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure
before the “start of construction” of the improvement. This term includes structures that have incurred
“substantial damage,” regardless of the actual repair work performed. The term does not, however,
include either:
(1) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a “historic structure,” provided that the alteration will not preclude the
structure’s continued designation as a “historic structure.” For the purpose of this ordinance,
“historic structure” is defined in 44 CFR § 59.1.
Subwatershed means a smaller, distinct drainage area within a larger watershed. It represents a
localized region where all precipitation and surface water flow converge into a specific waterbody or
low area. Subwatersheds are delineated by topographical features which define the boundaries of water
flow. Subwatershed delineations are available in the City of Edina’s Interactive Water Resources Map.
Variance means the same as that defined in 44 CFR § 59.1 and Minnesota Statutes, 462.357, Subd.
6(2).
Violation means the failure of a structure or other development to be fully compliant with the
community's flood plain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in this ordinance is
presumed to be in violation of until such time as that documentation is provided.
Watercourse means a channel in which a flow of water occurs either continuously or intermittently
in a definitive direction. The term applies to either natural or artificially constructed channels.
Secs. 36-772—36-790. Reserved.
DIVISION 3. JURISDICTION AND DISTRICTS
Sec. 36-791. Lands to Which Ordinance Applies.
This ordinance applies to all lands within the jurisdiction of the City of Edina within the Special
Flood Hazard Areas (SFHAs) identified on the Flood Insurance Rate Maps listed in section 36-792 and
those areas within the Local Flood Area as described within the City’s Water Resources Management
Plan. Areas within the SFHA are within one of three districts: the Floodway, Flood Fringe, or General
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Floodplain, as listed in section 36-793. Areas within the Local Flood Area are within the Local Flood
Area District as listed in section 36-793(4).
(1) The Floodway, Flood Fringe, General Floodplain or Local Flood Area Districts are overlay
districts. The standards imposed in the overlay districts are in addition to any other
requirements. In case of a conflict, the more restrictive standards will apply.
(2) Where a conflict exists between the floodplain limits illustrated on the official floodplain maps
and actual field conditions, the Base Flood Elevation (BFE) shall be the governing factor in
locating the outer boundaries of the one-percent annual chance floodplain.
(3) Persons contesting the location of the district boundaries will be given a reasonable
opportunity to present their case to the Planning Commission and to submit technical
evidence.
Sec. 36-792. Incorporation of Maps by Reference.
The following maps together with all attached material are hereby adopted by reference and
declared to be a part of the official zoning map and this ordinance. The attached material includes the
Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, and the Flood
Insurance Rate map panels enumerated below, all dated November 4, 2016, and revised by the Letter of
Map Revision, Case No. 25-05-1025P, with an effective date of December 26, 2025 including all attached
maps, tables, and flood profiles: all prepared by the Federal Emergency Management Agency. The City of
Edina’s Interactive Water Resources Map is also hereby adopted to support the applicable regulations
within the Local Flood Area District. These materials are hosted on the City’s website and on file in the
Engineering Department.
27053C0342F 27053C0362F 27053C0432F
27053C0344F 27053C0363F 27053C0451F
27053C0361F 27053C0364F 27053C0452F
Sec. 36-793. Districts.
(1) Floodway District. Those areas within Zones AE delineated within floodway areas as shown
on the Flood Insurance Rate Maps referenced in section 36-792 and those areas within Zone
A determined to be located in the floodway based on the delineation methods in section 36-
874.
(2) Flood Fringe District. Those areas within Zones AE located outside of the delineated
floodway, as shown on the Flood Insurance Rate Maps referenced in section 36-792 and those
areas within Zone A determined to be located in the flood fringe based on the delineation
methods in section 36-874.
(3) General Floodplain District. Those areas within Zone A or Zone AE areas that do not have a
floodway delineated as shown on the Flood Insurance Rate Maps referenced in section 36-
792.
(4) Local Flood Area District. Those areas not within the Special Flood Hazard Area that are
identified as “Local 1-Percent Annual Chance Flood Inundation” on the City of Edina’s
Interactive Water Resources Map.
Sec. 36-794. Annexations.
The Flood Insurance Rate Map panels referenced in section 36-792 may include floodplain areas
that lie outside of the corporate boundaries of the City of Edina at the time of adoption of this
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ordinance. If any of these floodplain land areas are annexed into the City of Edina after the date of
adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this
ordinance immediately upon the date of annexation. Annexations into panels not referenced in section
36-792 require ordinance amendment in accordance with Division 15.
Sec. 36-795. Municipal Boundary Adjustments & Townships.
The Flood Insurance Rate Map panels referenced in section 36-792 apply countywide. If at any
point any lands come under the jurisdiction of another local government, the following shall apply:
(1) City adjustments of corporate boundaries, including but not limited to annexations and
detachments, shall shift floodplain administrative authority of all affected lands immediately
upon the date of the boundary adjustment occurring.
Secs. 36-796—36-810. Reserved.
DIVISION 4. REQUIREMENTS FOR ALL FLOODPLAIN DISTRICTS
Sec. 36-811. Permit Required.
A permit must be obtained from the Zoning Administrator to verify compliance with all
applicable standards outlined in this ordinance prior to the following uses or activities:
(1) The erection, addition, modification, maintenance, rehabilitation, repair, or alteration of any
building, structure, or portion thereof. Normal maintenance requires a permit to determine
if such work, either separately or in conjunction with other planned work, constitutes a
substantial improvement, as specified in section 36-991(3).
(2) The construction of a fence, pool, deck, or placement of anything that may cause a potential
obstruction.
(3) The change or expansion of a nonconforming use.
(4) The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
(5) The placement of fill, excavation, utilities, on-site sewage treatment systems, or other service
facilities.
(6) The storage of materials or equipment, in conformance with section 36-812(2).
(7) Relocation or alteration of a watercourse (including stabilization projects or the construction
of new or replacement dams, culverts and bridges). A local permit is not required if a public
waters work permit has been obtained from the Department of Natural Resources, unless a
significant area above the ordinary high water level is also to be disturbed.
(8) Any other type of “development,” as defined in Division 2 of this ordinance.
Sec. 36-812. Minimum Development Standards.
(1) All development must:
a. Be designed (or modified) and adequately anchored to prevent floatation, collapse, or
lateral movement resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy;
b. Be constructed with materials and equipment resistant to flood damage;
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c. Be constructed by methods and practices that minimize flood damage;
d. Be constructed with heating, ventilation, duct work, and air conditioning equipment
and other service facilities elevated at least up to the Regulatory Flood Protection
Elevation (RFPE). Water, sewage, electrical, and other utility lines below the RFPE shall
be constructed so as to prevent water from entering or accumulating within them
during conditions of flooding;
e. Be reasonably safe from flooding and consistent with the need to minimize flood
damage;
f. Be assured to provide adequate drainage to reduce exposure to flood hazards;
g. Not be detrimental to uses in adjoining areas; and
h. Not adversely affect the efficiency or restrict the flood carrying capacity of the channel
and adjoining floodplain of any tributary watercourse or drainage system.
i. Ensure that any fill or other materials are protected from erosion, discharge, and
sediment entering surface waters by the use of vegetative cover or other methods as
soon as possible.
(2) Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to
human, animal, or plant life shall be stored at or above the Regulatory Flood Protection
Elevation (RFPE), floodproofed, or protected by other measures as approved by the Zoning
Administrator. Storage of materials likely to cause pollution of the waters, such as sewage;
sand; rock; wrecked and discarded equipment; dredged spoil; municipal, agricultural or
industrial waste; and other wastes as further defined in Minnesota Statutes, Section 115.01,
are prohibited unless adequate safeguards approved by the Minnesota Pollution Control
Agency are provided. For projects not requiring approvals by the Minnesota Pollution
Control Agency, adequate safeguards must be approved by the Zoning Administrator prior to
issuance of a permit.
Secs. 36-813—36-830. Reserved.
DIVISION 5. FLOODWAY DISTRICT
Sec. 36-831. Permitted Uses in Floodway.
Development allowed in the floodway district is limited to that which has low flood damage
potential and will not obstruct flood flows, increase velocities, or increase the water surface elevations
of the one-percent annual chance flood. The following uses and activities may be allowed with a permit,
subject to the standards in section 36-832:
(1) Agricultural uses, recreational uses, parking lots, loading areas, airport landing strips, water
control structures, navigational facilities, as well as public open space uses.
(2) Roads, railroads, trails, bridges, and culverts.
(3) Public utility facilities and water-oriented industries which must be in or adjacent to
watercourses.
(4) Grading, filling, land alterations, and shoreline stabilization projects.
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(5) No structures, as defined in Division 2, are allowed in the Floodway District, except
structures accessory to the uses detailed in section 36-831(1), which require a CUP under
section 36-833(1).
Sec. 36-832. Standards for Permitted Uses in Floodway.
In addition to the applicable standards detailed in Division 4:
(1) The applicant must demonstrate that the development will not result in any of the following
during the one-percent annual chance flood: cause a stage increase of 0.00 feet or greater,
obstruct flood flows, or increase velocities. This shall be demonstrated through hydrologic
and hydraulic analysis performed by a professional engineer, or using other standard
engineering practices (e.g. projects that restore the site to the previous cross-sectional area).
This is commonly documented through a “no-rise certification.”
(2) Any development that would result in a stage increases greater than 0.00 feet may only be
allowed with a permit if the applicant has applied for and received approval for a Conditional
Letter of Map Revision (CLOMR) in accordance with 44 CFR § 65.12. Map revisions must
follow the procedures in section 36-971(5) and Division 15.
(3) Any development resulting in decreases to the water surface elevation of the base flood
identified in the Flood Insurance Study requires a Letter of Map Revision (LOMR) following
the procedures in section 36-971(5) and Division 15.
(4) Any development in the beds of public waters that will change the course, current or cross
section is required to obtain a public waters work permit in accordance with Minnesota
Statutes, section 103G.245 or a utility crossing license in accordance with Minnesota Statutes,
section 84.415, from the Department of Natural Resources, or demonstrate that no permit is
required, before applying for a local permit.
(5) Any facility used by employees or the general public must be designed with a flood warning
system acceptable to the Zoning Administrator that provides adequate time for evacuation,
or be designed to ensure that within the area inundated during the base flood event, the
depth (in feet) multiplied by the velocity (in feet per second) is less than four.
(6) Fill and other land alteration activities must offer minimal obstruction to the flow of flood
waters, and be protected from erosion and sediment entering surface waters by the use of
vegetative cover, riprap or other methods as soon as possible.
Sec. 36-833. Conditional Uses in Floodway.
The following uses and activities may be permitted as conditional uses, subject to the standards
detailed in section 36-834:
(1) Structures accessory to uses detailed in section 36-831(1).
Sec. 36-834. Standards for Conditional Uses in Floodway.
In addition to the applicable standards detailed in Division 4, section 36-832 and section 36-972:
(1) Accessory Structures. Structures accessory to the uses detailed in section 36-831(1) must be
constructed and placed so as to offer a minimal obstruction to the flow of flood waters, and
are subject to the standards in section 36-852(3) of this ordinance.
Secs. 36-835—36-850. Reserved.
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DIVISION 6. FLOOD FRINGE DISTRICT
Sec. 36-851. Permitted Uses in Flood Fringe.
Any uses or activities allowed in any applicable underlying zoning districts may be allowed with a
permit, subject to the standards set forth in section 36-852.
Sec. 36-852. Standards for Permitted Uses in Flood Fringe.
In addition to the applicable standards detailed in Division 4:
(1) Residential Structures.
a. Elevation on Fill. All structures to be erected, constructed, reconstructed, altered, or
moved on fill within the Flood Fringe District shall be placed so that the lowest floor,
as defined in Division 2 of this ordinance, is elevated at or above the Regulatory Flood
Protection Elevation (RFPE). The finished fill elevation shall be at or above the
elevation associated with the base flood plus any stage increases that result from
designation of a floodway. Fill must extend at the same elevation at least 15 feet
beyond the outside limits of the structure. Elevations must be certified by a registered
professional engineer, land surveyor or other qualified person designated by the
Zoning Administrator. Elevation methods alternative to these fill standards are subject
to a Conditional Use Permit, as provided in section 36-853(1) of this ordinance.
(2) Nonresidential Principal Structures. Nonresidential principal structures must meet one of the
following construction methods:
a. Elevation on Fill. Structures may be elevated on fill, meeting the standards in section
36-852(1)a of this ordinance. Fill for nonresidential structures is not required to be
extended 15 feet beyond the outside limits of the structure.
b. Alternative Elevation Methods. Structures may have their lowest floor elevated above
the Regulatory Flood Protection Elevation (RFPE) using methods alternative to the fill
standards in section 36-852(1)a of this ordinance. Such methods include the use of
filled stem walls.
Designs must be certified by a registered professional engineer or architect, or meet
or exceed the standards detailed in FEMA Technical Bulletin 1, as amended, as well as
the following standards:
(1) The lowest floor, as defined in Division 2 of this ordinance, shall be elevated at or
above the Regulatory Flood Protection Elevation (RFPE).
c. Dry Floodproofing. Structures having watertight enclosed basements or spaces below
the Regulatory Flood Protection Elevation (RFPE) must meet the following standards:
(1) Walls must be substantially impermeable to the passage of water, with structural
components having the capacity of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy, at least up to the Regulatory Flood Protection Elevation
(RFPE);
(2) Must meet the standards of FEMA Technical Bulletin 3, as amended; and
(3) A registered professional engineer or architect shall be required to certify that
the design and methods of construction meet the standards detailed in this
Division.
(3) Accessory Structures. All accessory structures must meet the following standards:
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a. Structures shall not be designed or used for human habitation.
b. Structures will have a low flood damage potential.
c. Structures shall constitute a minimal investment not to exceed 600 square feet in size,
one-story in height, and shall only be used for parking and storage, except as provided
under section 36-852(3)e.
d. Structures with two or more rigid walls, must meet one of the following construction
methods:
(1) Wet Floodproofing. Structures may be floodproofed in a way to accommodate
internal flooding. To allow for the equalization of hydrostatic pressure, there
shall be a minimum of two openings on at least two sides of the structure and
the bottom of all openings shall be no higher than one foot above grade. The
openings shall have a minimum net area of not less than one square inch for
every square foot of enclosed area subject to flooding, and shall allow automatic
entry and exit of floodwaters without human intervention. Portions of
structures below the RFPE must be constructed of flood damage-resistant
materials. Utilities must be elevated above the RFPE and any utility lines below
the RFPE shall be constructed so as to prevent floodwaters from entering or
accumulating within them. Wet floodproofed structures must be anchored to
resist flotation, collapse, and lateral movement.
(2) Elevation on Fill. Structures may be elevated on fill, meeting the standards in
section 36-852(1)a of this ordinance. Fill is not required to be extended 15 feet
beyond the outside limits of the structure.
(3) Alternative Elevation Methods. Structures may have their lowest floor elevated
above the Regulatory Flood Protection Elevation (RFPE) through methods
alternative to the fill standards in section 36-852(3)d.(2), and must meet the
standards in section 36-852(2)b of this ordinance.
(4) Dry Floodproofing. Structures may be dry-floodproofed, or watertight, meeting
the standards in section 36-852(2)c of this ordinance.
e. Structures with fewer than two rigid walls, such as carports, gazebos, and picnic
pavilions, meeting the standards in section 36-812(1) of this ordinance may be located
at an elevation below the Regulatory Flood Protection Elevation, exceed 600 square
feet in size, and may include uses as provided under section 36-851.
(4) Any facilities used by employees or the general public must be designed with a flood warning
system acceptable to the City of Edina that provides adequate time for evacuation, or be
designed to ensure that within the area inundated during the base flood event, the depth (in
feet) multiplied by the velocity (in feet per second) is less than four.
(5) Manufactured homes and recreational vehicles must meet the standards of Division 11 of this
ordinance.
Sec. 36-853. Conditional Uses in Flood Fringe.
The following uses and activities may be permitted as conditional uses, subject to the standards
in section 36-854:
(1) Alternative Elevation Methods – Residential Structures. Residential structures with their
lowest floor elevated above the Regulatory Flood Protection Elevation (RFPE) using methods
alternative to the fill requirements in section 36-852.
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Sec. 36-854. Standards for Conditional Uses in Flood Fringe.
In addition to the applicable standards detailed in Division 4, section 36-852 and section 36-972:
(1) All residential structures with lowest floors elevated through alternative elevation methods
must meet the standards for nonresidential structures in section 36-852(2)a or b of this
ordinance.
Secs. 36-855—36-870. Reserved.
DIVISION 7. GENERAL FLOODPLAIN DISTRICT
Sec. 36-871. Permitted Uses in General Floodplain District.
(1) Until the floodway is delineated, allowable uses will be restricted to those listed in the
Floodway District, Division 5.
(2) All other uses are subject to a floodway/flood fringe determination as provided in section 36-
874, in addition to the standards provided in sections 36-872 and 36-873. Permitted uses shall
be determined as follows:
a. If the development is determined to be in the Floodway District, Division 5 applies.
b. If the development is determined to be in the Flood Fringe District, Division 6 applies.
Sec. 36-872. Determining Flood Elevations.
(1) All development requires a determination of the Base Flood Elevation (BFE). Exceptions to
this requirement include projects that restore the site to the previous cross-sectional area,
such as shore stabilization or culvert replacement projects. Base Flood Elevations (BFE) may
be found using best available data from any Federal, State, or other source (including
MNDNR’s Lake & Flood Elevations Online (LFEO) Viewer).
(2) The Regulatory Flood Protection Elevation (RFPE) can be determined by assuming a one-half
(0.5) foot stage increase to accommodate for future cumulative impacts. A stage increase
does not need to be assumed along lakes, wetlands, and other basins that are not affected by
velocities.
Sec. 36-873. Encroachment Analysis.
(1) Encroachments due to development may not allow stage increases more than one-half (0.5)
foot at any point, unless through a map revision following the procedures in section 36-971(5)
and Division 15. This evaluation must include the cumulative effects of previous
encroachments, and must be documented with hydrologic and hydraulic analysis performed
by a professional engineer, or using other standard engineering practices. A lesser water
surface elevation increase than one-half (0.5) foot is required if, due to the water surface level
increase, increased flood damages would potentially result.
Sec. 36-874. Standards for the Analysis of Floodway Boundaries.
(1) Requirements for Detailed Studies. Any development, as requested by the Zoning
Administrator, shall be subject to a detailed study to determine the Regulatory Flood
Protection Elevation (RFPE) and the limits of the Floodway District. This determination must
be consistent with the minimum standards for hydrologic and hydraulic mapping standards
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and techniques, as detailed in Minnesota Rules, part 6120.5600, Subp. 4 and FEMA Guidelines
and Standards for Flood Risk Analysis and Mapping, as revised. Additionally:
a. A regulatory floodway necessary to carry the discharge of the one-percent annual
chance flood must be selected without increasing the water surface elevation more
than one-half (0.5) foot at any point. This determination should include the cumulative
effects of previous encroachments. A lesser water surface elevation increase than one-
half (0.5) foot is required if, due to the water surface level increase, increased flood
damages would potentially result; and
b. An equal degree of encroachment on both sides of the stream within the reach must
be assumed in computing floodway boundaries, unless topography, existing
development patterns, and comprehensive land use plans justify a modified approach,
as approved by the Department of Natural Resources.
(2) Other Acceptable Methods. For areas where a detailed study is not available or required:
a. Development prohibited in floodways (e.g. most buildings) requires a floodway/flood
fringe determination to verify the development is within the flood fringe. This
determination must be done by a professional engineer or utilize other accepted
engineering practices. The Department of Natural Resources may also provide
technical assistance and must approve any alternative methods used to determine
floodway boundaries.
b. For areas where the floodway has not been determined in and along lakes, wetlands,
and other basins: all areas that are at or below the ordinary high water level, as defined
in Minnesota Statutes, section 103G.005, Subd. 14, will be considered floodway, and all
areas below the Base Flood Elevation (BFE) but above the ordinary high water level will
be considered flood fringe.
Secs. 36-875—36-890. Reserved.
DIVISION 8. LOCAL FLOOD AREA DISTRICT
Sec. 36-891. Permitted Uses in the Local Flood Area District.
Any uses or activities allowed in any applicable underlying zoning districts may be allowed with a
permit, subject to the standards set forth in section 36-893.
Sec. 36-892. Determining Flood Elevations.
(1) Base Flood Elevations (BFE) and critical storm event elevations may be found using best
available data provided in the City of Edina Interactive Water Resources Map or by contacting
the Engineering Director.
(2) For areas subject to regional tailwater effects, the standards in sections 36-852 and 36-893(3)
shall apply.
Sec. 36-893. Standards for Permitted Uses in Local Flood Area District.
In addition to the applicable standards detailed in Division 4:
(1) Lowest Floor for Ponding Basins. All new principal structures, additions, and other permanent
fixtures including heating and air conditioning must be elevated so that the lowest floor
elevation is a minimum of two feet above the ponding basin outlet elevation.
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(2) Lowest Floor for Landlocked Basins. All new principal structures, additions, and other
permanent fixtures including heating and air conditioning must be elevated so that the lowest
floor elevation is at or above the Regulatory Flood Protection Elevation.
(3) Lowest Opening. All new principal structures, additions, or other permanent fixtures
including heating and air conditioning must be elevated so that the lowest opening elevation
is at or above the Regulatory Flood Protection Elevation (RFPE).
(4) Accessory Structures. Accessory structures shall meet the requirements of section 36-852(3).
(5) Fill. Earth moving and the addition of fill at or below the base flood elevation, or critical storm
event elevation within subwatersheds of landlocked basins, may be allowed given all the
following conditions are met:
a. Addition of fill is necessary to reduce flood exposure to a primary structure.
b. Addition of fill results in no adverse impact to neighboring properties or public trust.
This shall be demonstrated through hydrologic and hydraulic analysis performed by a
professional engineer.
c. Addition of fill shall be minimized to the greatest extent practicable.
Sec. 36-894. Site-specific Standards for Principal Structure Elevations in the Local Flood
Area District.
(1) The basis for the site-specific standard is to allow an alternative path for risk reduction that
does not require two feet of freeboard (but not less than zero feet of freeboard) as required
in section 36-893 and/or below grade parking garages design standards as required in section
36-895. This may include strategies that reduce flood vulnerability instead of or in addition to
reducing flood exposure. The outcome should still be overall reduction in flood risk. Elevation
standards for the lowest floor elevation or lowest opening elevation reduce flood exposure
by providing two feet of freeboard between the structure and the base flood elevation or
critical storm elevation. Site-specific standards for lowest floor elevation or lowest opening
elevation less than the two feet of freeboard required by section 36-893 and/or lesser below-
grade parking garages design standards as required by section 36-895 may be allowed given all
the following conditions are met:
a. The structure is not within the Special Flood Hazard Area.
b. The structure, if subject to section 36-892(2) meets the standards of section 36-852.
c. The new structure, addition, or modification results in a net reduction in vulnerability
from existing conditions. For example, additional construction methods and
precautions are proposed that reduce the potential for flood damage to the structure.
Vulnerability reducing measures could include wet or dry floodproofing, sanitary
backflow prevention for low floor fixtures and drains, flood flow area diversion, dual
sump pump systems with battery backup, and other means specific to the probable
flood exposure.
d. The applicant demonstrates that meeting the lowest floor elevation or lowest opening
elevation requirements as described in section 36-893 presents a burden.
e. The new structure, addition, or modification does not adversely impact the flood
exposure or vulnerability of others.
f. The new structure, addition, or modification design, and/or flood vulnerability reducing
measures are approved by the City Engineer.
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Sec. 36-895. Below-Grade Garages and Parking.
(1) Construction of below-grade parking garages is allowed outside of R-1 and R-2 zoning
districts, provided the structure (including the parking garage) is floodproofed to the
Regulatory Flood Protection Elevation (RFPE) in accordance with the following design
standards:
a. Together with associated utility and sanitary facilities, the structure must be designed
so that below the Regulatory Flood Protection Elevation (RFPE) the structure is
watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
b. A Floodproofing Certificate and Inspection and Maintenance Plan must be provided by
a registered professional engineer or architect.
c. A floodproofing design that entails human intervention, such as the installation of
flood gates or flood shields, will require a Flood Emergency Operation Plan.
Secs. 36-896—36-910. Reserved.
DIVISION 9. SUBDIVISION STANDARDS
Sec. 36-911. Subdivisions.
All subdivided land must meet the following requirements. Manufactured home parks and
recreational vehicle parks or campgrounds are considered subdivisions under this ordinance.
(1) All lots within floodplain districts must be suitable for a building site outside of the Floodway
District.
(2) Subdivision of lands within the floodplain districts may not be approved if the cost of
providing governmental services would impose an unreasonable economic burden on the City
of Edina.
(3) All subdivisions must have vehicular access both to the subdivision and to the individual
building sites no lower than two feet below the Regulatory Flood Protection Elevation (RFPE),
unless a flood warning/emergency evacuation plan has been approved by the City of Edina.
(4) The Floodway and Flood Fringe District boundaries, the Regulatory Flood Protection
Elevation (RFPE) and the required elevation of all access roads must be clearly identified on all
required subdivision drawings and platting documents.
Secs. 36-912—36-930. Reserved.
DIVISION 10. PUBLIC AND PRIVATE UTILITIES, SERVICE FACILITIES, ROADS,
BRIDGES, AND RAILROADS
Sec. 36-931. Public Transportation Facilities.
Railroad tracks, roads, and bridges must be elevated to the Regulatory Flood Protection
Elevation (RFPE) where such facilities are essential to the orderly functioning of the area, or where
failure or interruption would result in danger to public health or safety. Minor or auxiliary roads or
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railroads may be constructed at a lower elevation where failure or interruption of transportation
services would not endanger the public health or safety. All public transportation facilities should be
designed to minimize increases in flood elevations.
Sec. 36-932. Public Utilities.
All utilities such as gas, electrical, sewer, and water supply systems to be located in the
floodplain must be elevated and/or floodproofed to the Regulatory Flood Protection Elevation (RFPE),
be located and constructed to minimize or eliminate flood damage, and be designed to eliminate
infiltration of flood waters into the systems and discharges from the systems into flood waters. All public
utilities should be designed to minimize increases in flood elevations. New solid waste management
facilities, as defined in Minnesota Rules, part 7035.0300, are prohibited in the one-percent annual chance
floodplain. Water supply systems are subject to the provisions in Minnesota Rules, part 4725.4350.
Sec. 36-933. Private On-site Water Supply, Individual Sewage Treatment Systems, and
other Service Facilities.
Private facilities shall be subject to applicable provisions detailed in section 36-932. New or
replacement on-site sewage treatment systems are prohibited.
Secs. 36-934—36-950. Reserved.
DIVISION 11. MANUFACTURED HOMES AND RECREATIONAL VEHICLES
Sec. 36-951. Manufactured Homes.
Manufactured homes and manufactured home parks are subject to applicable standards for each
floodplain district. In addition:
(1) New and replacement manufactured homes must be placed and elevated in compliance with
Division 6 of this ordinance and must be securely anchored to a system that resists flotation,
collapse and lateral movement. Methods of anchoring may include, but are not limited to, use
of over-the-top or frame ties to ground anchors.
(2) New manufactured home parks and expansions to existing manufactured home parks must
meet the appropriate standards for subdivisions in Division 9 of this ordinance.
Sec. 36-952. Recreational Vehicles.
New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle
parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing
recreational vehicle parks, campgrounds or lots of record in the floodplain must either:
(1) Meet the requirements for manufactured homes in section 36-951, or
(2) Be travel ready, meeting the following criteria:
a. The vehicle must be fully licensed.
b. The vehicle must be ready for highway use, meaning on wheels or the internal jacking
system, attached to the site only by quick disconnect type utilities.
c. No permanent structural type additions may be attached to the vehicle.
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d. Accessory structures may be permitted in the Flood Fringe District, provided they do
not hinder the removal of the vehicle should flooding occur, and meet the standards
outlined in Division 4 and section 36-852(3).
Secs. 36-953—36-970. Reserved.
DIVISION 12. ADMINISTRATION
Sec. 36-971. Duties.
A Zoning Administrator or other official must administer and enforce this ordinance.
(1) Permit Application Requirements. Permit applications must be submitted to the Zoning
Administrator. The permit application must include the following, as applicable:
a. A site plan as required in Sec. 36-129.
b. Copies of any required local, state or federal permits or approvals.
c. Other relevant information requested by the Zoning Administrator as necessary to
properly evaluate the permit application.
(2) Recordkeeping. The Zoning Administrator must maintain applicable records in perpetuity
documenting:
a. All certifications for dry floodproofing and alternative elevation methods, where
applicable.
b. Analysis of no-rise in the Floodway District, as detailed in section 36-832(1), and
encroachment analysis ensuring no more than one-half foot of rise in the General
Floodplain District, as detailed in section 36-872(2) and 36-873(1).
c. Final elevations, as applicable, detailing the elevation to which structures and
improvements to structures are constructed or floodproofed. Elevations shall be
determined by an engineer, architect, surveyor or other qualified individual, as
approved by the Zoning Administrator.
d. Substantial damage and substantial improvement determinations, as detailed in section
36-991(3), including the cost of improvements, repairs, and market value.
e. All variance actions, including justification for their issuance, and must report such
variances as requested by the Federal Emergency Management Agency.
(3) Certificate of Occupancy for a New, Altered, or Nonconforming Use. No building, land or
structure may be occupied or used in any manner until a certificate of occupancy has been
issued by the Building Official stating that the finished fill and building floor elevations or other
flood protection measures are in compliance with the requirements of this ordinance.
(4) Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of
a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant
has applied for a permit to work in public waters in accordance with Minnesota Statutes,
section 103G.245, this will suffice as adequate notice. A copy of the notification must also be
submitted to FEMA.
(5) Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations.
Where physical changes affecting flooding conditions may increase or decrease the water
surface elevation of the base flood, the City of Edina must notify FEMA of the changes in
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order to obtain a Letter of Map Revision (LOMR), by submitting a copy of the relevant
technical or scientific data as soon as practicable, but no later than six months after the date
such supporting information becomes available.
Sec. 36-972. Conditional Uses and Variances.
(1) Process.
a. An application for a conditional use permit will be processed and reviewed in
accordance with the provisions of this ordinance.
b. An application for a variance to the provisions of this ordinance will be processed and
reviewed in accordance with Minnesota Statutes, section 462.357, Subd. 6(2) and this
ordinance.
(2) Adherence to State Floodplain Management Standards. Variances must be consistent with the
general purpose of these standards and the intent of applicable provisions in state and federal
law. Though variances may be used to modify permissible methods of flood protection, no
variance shall permit a lesser degree of flood protection than the Regulatory Flood Protection
Elevation (RFPE).
a. The Local Flood Area District shall be exempt from sections 36-972(2) and 36-972(3)
and 36-972(4).
(3) Additional Variance Criteria. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
a. Variances must not be issued within any designated regulatory floodway if any increase
in flood levels during the base flood discharge would result.
b. Variances from the provisions of this ordinance may only be issued by a community
upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
3. A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
c. Variances from the provisions in this ordinance may only be issued upon a
determination that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
d. Variances must be consistent with the general purpose of these standards and the
intent of applicable provisions in state and federal law.
(4) Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance in
writing that:
a. The issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as $25 for
$100 of insurance coverage; and
b. Such construction below the base flood level increases risks to life and property. Such
notification must be maintained with a record of all variance actions.
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(5) Considerations for Approval. The City of Edina must consider all relevant factors specified in
other sections of this ordinance in granting variances and conditional use permits, including
the following:
a. The potential danger to life and property due to increased flood heights or velocities
caused by encroachments.
b. The danger that materials may be swept onto other lands or downstream to the injury
of others.
c. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
d. The duration of flood exposure.
(6) Conditions of Approval. The City of Edina may attach such conditions to the granting of
variances and conditional use permits as it deems necessary to fulfill the purposes of this
ordinance. Such conditions may include, but are not limited to, the following:
a. Limitations on period of use, occupancy, and operation.
b. Imposition of operational controls, sureties, and deed restrictions.
c. The prevention of soil erosion or other possible pollution of public waters, both during
and after construction.
d. Other conditions as deemed appropriate by the Zoning Administrator and Planning
Commission.
Sec. 36-973. Notifications to the Department of Natural Resources.
(1) All notices of public hearings to consider variances or conditional uses under this ordinance
must be sent via electronic mail to the Department of Natural Resources respective area
hydrologist at least ten (10) days before the hearings. Notices of hearings to consider
subdivisions/plats must include copies of the subdivision/plat.
(2) A copy of all decisions granting variances and conditional uses under this ordinance must be
sent via electronic mail to the Department of Natural Resources respective area hydrologist
within ten (10) days of final action.
(3) The Local Flood Area District shall be exempt from section 36-973.
Secs. 36-974—36-990. Reserved.
DIVISION 13. NONCONFORMITIES
Sec. 36-991. Continuance of Nonconformities.
A use, structure, or occupancy of land which was lawful before the passage or amendment of
this ordinance, but which is not in conformity with the provisions of this ordinance, may be continued
subject to the following conditions:
(1) Within the floodway and general floodplain districts (when a site has been determined to be
located in the floodway following the procedures in section 36-874, or when the floodway has
not been delineated), expansion or enlargement of uses or structures is prohibited.
(2) Within all districts, any addition, modification, rehabilitation, repair, or alteration shall be in
conformance with the provisions of this ordinance, shall not increase the flood damage
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potential or increase the degree of obstruction to flood flows, and where applicable, must be
protected to the Regulatory Flood Protection Elevation (RFPE).
(3) If any nonconforming structure is determined to be substantially damaged or substantially
improved based on the procedures in section 36-992, it may not be reconstructed except in
conformity with the provisions of this ordinance. Existing structures within the Local Flood
Area District, but outside of the Floodway District, Flood Fringe District, or General
Floodplain District are exempt from this provision.
(4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more
than one year, any future use of the premises must conform to this ordinance.
(5) If any nonconforming structure has utilities, electrical, or mechanical equipment damaged due
to flooding, it must be rebuilt in conformance with the elevation requirements in section 36-
812(1)d to the greatest extent practicable. This requirement shall apply regardless of the
determinations made in section 36-992.
Sec. 36-992. Substantial Improvement and Substantial Damage Determinations.
Prior to issuing any permits for additions, modifications, rehabilitations, repairs, alterations, or
maintenance to nonconforming structures, the Zoning Administrator is required to determine if such
work constitutes substantial improvement or repair of a substantially damaged structure. A
determination must be made in accordance with the following procedures:
(1) Estimate the market value of the structure. In cases where the property has sustained
damage, the market value of the structure shall be the market value before the damage
occurred and before any restoration or repairs are made.
(2) Estimate the cost of the project. The property owner shall accommodate for inspection, and
furnish other documentation needed by the zoning administrator to evaluate costs.
a. Improvement costs shall be comprised of the market rate of all materials and labor, as
well as the costs of all ordinary maintenance and upkeep carried out over the past one
year.
b. Costs to repair damages shall be comprised of the market rate of all materials and
labor required to restore a building to its pre-damaged condition regardless of the
work proposed, as well as associated improvement costs if structure is being restored
beyond its pre-damaged condition.
(3) Compare the cost of the improvement, repairs, or combination thereof to the estimated
market value of the structure, and determine whether the proposed work constitutes
substantial improvement or repair of a substantially damaged structure, as defined in Division
2 of this ordinance.
(4) Based on this determination, the zoning administrator or other official shall prepare a
determination letter and notify the property owner accordingly. Structures determined to be
substantially damaged or substantially improved may not be reconstructed except in
conformity with the provisions of this ordinance.
Secs. 36-993—36-1010. Reserved.
DIVISION 14. VIOLATIONS AND PENALTIES
Sec. 36-1011. Uses in Violation of the Ordinance.
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Every structure, fill, deposit, or other use placed or maintained in the floodplain in violation of
this ordinance shall be considered a public nuisance.
Sec. 36-1012. Civil Remedies.
The creation of a public nuisance may be enjoined and the maintenance of a public nuisance
under this ordinance may be abated by an action brought by the City of Edina or the Department of
Natural Resources.
Sec. 36-1013. Enforcement.
Violations of the provisions of this ordinance constitutes a misdemeanor and is punishable as
defined by law. The Zoning Administrator may utilize the full array of enforcement actions available to it
including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for
corrective measures or a request to the National Flood Insurance Program for denial of flood insurance.
The City of Edina must act in good faith to enforce these official controls and to correct ordinance
violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance
Program.
Secs. 36-1014—36-1030. Reserved.
DIVISION 15. AMENDMENTS
Sec. 36-1031. Ordinance Amendments.
Any revisions to the floodplain maps by the Federal Emergency Management Agency or
annexations of new map panels require an ordinance amendment to update the map references in
section 36-792 of this ordinance.
Sec. 36-1032. Required Approval.
All amendments to this ordinance must be submitted to the Department of Natural Resources
for review and approval prior to adoption, for compliance with state and federal rules and requirements.
The floodplain ordinance shall not be considered valid until approved.
This ordinance is effective upon adoption.
First reading: October 7, 2025
Second reading: waived
Published:
Attest: ________________________ __________________________________
Sharon Allison, City Clerk James B. Hovland, Mayor
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PLEASE PUBLISH IN THE EDINA SUN CURRENT.
SEND ONE AFFIDAVIT OF PUBLICATION
BILL TO EDINA CITY CLERK.
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ARTICLE X. FLOODPLAIN DISTRICTS1
DIVISION 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
Sec. 36-749. Statutory authorization.
The legislature of the State of Minnesota has, in Minn. Stats. ch. 103F and ch. 462 delegated the
responsibility to local government units to adopt regulations designed to minimize flood losses.
(Ord. No. 2016-14, § 1.1, 10-18-2016)
Sec. 36-750. Purpose.
(a) This article regulates development in the flood hazard areas of the city. These flood hazard areas are subject
to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base. It is the purpose of this article to promote the public health, safety, and general
welfare by minimizing these losses and disruptions.
(b) National Flood Insurance Program compliance. This article is adopted to comply with the rules and
regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 - 78,
as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.
(c) This article is also intended to preserve the natural characteristics and functions of watercourses and
floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion,
protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and
enhance community and economic development.
(Ord. No. 2016-14, § 1.2, 10-18-2016)
Secs. 36-751—36-770. Reserved.
DIVISION 2. GENERAL PROVISIONS
Sec. 36-771. How to use this article.
This article adopts the floodplain maps applicable to the city and includes three Floodplain Districts:
Floodway, Flood Fringe, and General Floodplain.
(1) Where Floodway and Flood Fringe Districts are delineated on the floodplain maps, the standards in
divisions 4 or 5 will apply, depending on the location of a property.
1Ord. No. 2016-14, §§ 1.1—13.3, adopted Oct. 18, 2016, amended art. X in its entirety to read as herein set out.
Former art. X, §§ 36-749—36-760, 36-789, 36-790, 36-819—36-822, 36-53—36-857, 36-878, 36-879, 36-
907—36-909, 36-937—36-939, 36-967, 36-968, 36-995, 36-1019—36-1027, 36-1053—36-1060, 36-1089—
36-1094, 36-1112, 36-1133, 36-1134, 36-1162, 36-1163, pertained to similar subject matter, and derived
from the 1970 Code; the 1992 Code, §§ 850.21
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(2) Locations where Floodway and Flood Fringe Districts are not delineated on the floodplain maps are
considered to fall within the General Floodplain District. Within the General Floodplain District, the
Floodway District standards in division 4 apply unless the floodway boundary is determined, according
to the process outlined in division 6. Once the floodway boundary is determined, the Flood Fringe
District standards in division 5 may apply outside the floodway.
(Ord. No. 2016-14, § 2.1, 10-18-2016)
Sec. 36-772. Lands to which article applies.
This article applies to all lands within the jurisdiction of the city shown on the official zoning map and/or the
attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General
Floodplain Districts.
(1) The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed
on all existing zoning districts. The standards imposed in the overlay districts are in addition to any
other requirements in this article. In case of a conflict, the more restrictive standards will apply.
(Ord. No. 2016-14, § 2.2, 10-18-2016)
Sec. 36-773. Incorporation of maps by reference.
The following maps together with all attached material are hereby adopted by reference and declared to be
a part of the official zoning map and this article. The attached material includes the Flood Insurance Study for
Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map
panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency.
These materials are on file in the engineering department.
Effective flood insurance rate map panels:
27053C0342F 27053C0362F 27053C0432F
27053C0344F 27053C0363F 27053C0451F
27053C0361F 27053C0364F 27053C0452F
(Ord. No. 2016-14, § 2.3, 10-18-2016)
Sec. 36-774. Regulatory flood protection elevation.
The regulatory flood protection elevation (RFPE) is an elevation no lower than two feet above the elevation
of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result
from designation of a floodway.
(Ord. No. 2016-14, § 2.4, 10-18-2016)
Sec. 36-775. Interpretation.
The boundaries of the zoning districts are determined by scaling distances on the flood insurance rate map.
(1) Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual
field conditions, the flood elevations shall be the governing factor. The zoning administrator must
interpret the boundary location based on the ground elevations that existed on the site on the date of
the first National Flood Insurance Program map showing the area within the regulatory floodplain, and
other available technical data.
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Page 3 of 18
(2) Persons contesting the location of the district boundaries will be given a reasonable opportunity to
present their case to the planning commission and to submit technical evidence.
(Ord. No. 2016-14, § 2.5, 10-18-2016)
Sec. 36-776. Abrogation and greater restrictions.
It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or other
private agreements. However, where this article imposes greater restrictions, the provisions of this article prevail.
All other ordinances inconsistent with this article are hereby repealed to the extent of the inconsistency only.
(Ord. No. 2016-14, § 2.6, 10-18-2016)
Sec. 36-777. Warning and disclaimer of liability.
This article does not imply that areas outside the floodplain districts or land uses permitted within such
districts will be free from flooding or flood damages. This article does not create liability on the part of the city or
its officers or employees for any flood damages that result from reliance on this article or any administrative
decision lawfully made hereunder.
(Ord. No. 2016-14, § 2.7, 10-18-2016)
Sec. 36-778. Severability.
If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of
law, the remainder of this article shall not be affected and shall remain in full force.
(Ord. No. 2016-14, § 2.8, 10-18-2016)
Sec. 36-779. Definitions.
Unless specifically defined below, words or phrases used in this article must be interpreted according to
common usage and so as to give this article its most reasonable application.
Accessory use or structure means as defined in section 36-10.
Base flood elevation means the elevation of the "regional flood." The term "base flood elevation" is used in
the flood insurance survey.
Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below
ground level) on all four sides, regardless of the depth of excavation below ground level.
Conditional use means as defined in section 36-10.
Critical facilities means facilities necessary to a community's public health and safety, those that store or
produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be
insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional
facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public
electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.
Development means any manmade change to improved or unimproved real estate, including buildings or
other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of
equipment or materials.
Equal degree of encroachment means a method of determining the location of floodway boundaries so that
floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
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Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that
results in the inundation of normally dry areas.
Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be
equaled or exceeded.
Flood fringe means the portion of the special flood hazard area (one-percent annual chance flood) located
outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance
Study for Hennepin County, Minnesota.
Flood insurance rate map means an official map on which the federal insurance administrator has delineated
both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been
made available digitally is called a digital flood insurance rate map (DFIRM).
Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been
or hereafter may be covered by the regional flood.
Floodprone area means any land susceptible to being inundated by water from any source (see "Flood").
Floodproofing means a combination of structural provisions, changes, or adjustments to properties and
structures subject to flooding, primarily for the reduction or elimination of flood damages.
Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the
adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
Lowest floor means the lowest floor of the lowest enclosed area (including basement).
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required utilities.
The term "manufactured home" does not include the term "recreational vehicle."
New construction means structures, including additions and improvements, and placement of manufactured
homes, for which the start of construction commenced on or after the effective date of this article.
Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation,
channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or
projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the
direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
One-hundred-year floodplain means lands inundated by the "regional flood" (see definition).
Principal use or structure means as defined in section 36-10.
Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced
by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive
bridge crossings would most typically constitute a reach.
Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when
measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light
duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use. For the purposes of this article, the term recreational vehicle is
synonymous with the term "travel trailer/travel vehicle."
Regional flood means a flood which is representative of large floods known to have occurred generally in
Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the
magnitude of the one-percent chance or 100-year recurrence interval. Regional flood is synonymous with the term
"base flood" used in a flood insurance study.
Regulatory flood protection elevation (RFPE) means an elevation not less than two feet above the elevation
of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result
from designation of a floodway.
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Special flood hazard area means a term used for flood insurance purposes synonymous with "one-hundred-
year floodplain."
Start of construction includes substantial improvement, and means the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's
expiration date. The actual start is either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond
the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
Structure means anything constructed or erected on the ground or attached to the ground or on -site utilities,
including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes,
recreational vehicles not meeting the exemption criteria specified in section 36-922(1) of this article and other
similar items.
Substantial damage means damage of any origin sustained by a structure where the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Substantial improvement means within any consecutive 365-day period, any reconstruction, rehabilitation
(including normal maintenance and repair), repair after damage, addition, or other improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not, however, include eit her:
(1) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions.
(2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's
continued designation as a "historic structure." For the purpose of this article, "historic structure" is as
defined in 44 Code of Federal Regulations, Part 59.1.
(Ord. No. 2016-14, § 2.9, 10-18-2016)
Secs. 36-780—36-800. Reserved.
DIVISION 3. ESTABLISHMENT OF ZONING DISTRICTS
Sec. 36-801. Districts.
(a) Floodway District. The Floodway District includes those areas within zones AE that have a floodway
delineated as shown on the flood insurance rate map adopted in section 36-773. For lakes, wetlands and
other basins within zones A and AE that do not have a floodway delineated, the Floodway District also
includes those areas that are at or below the ordinary high water level as defined in Minn. Stats. § 103G.005,
subd. 14.
(b) Flood Fringe District. The Flood Fringe District includes areas within zones AE that have a floodway
delineated on the flood insurance rate map adopted in section 36-773, but are located outside of the
floodway. For lakes, wetlands and other basins within zones A and AE that do not have a floodway
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delineated, the Flood Fringe District also includes those areas below the one-percent annual chance (100-
year) flood elevation but above the ordinary high water level as defined in Minn. Stats. § 103G.005, subd. 14.
(c) General Floodplain District. The General Floodplain District includes riverine areas within zone A that do not
have a delineated floodway as shown on the flood insurance rate map adopted in section 36 -773.
(Ord. No. 2016-14, § 3.1, 10-18-2016)
Sec. 36-802. Applicability.
Within the floodplain districts established in this article, the use, size, type and location of development must
comply with the terms of this article and other applicable regulations. In no cases shall floodplain development
adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the
main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or
conditional uses in divisions 4, 5 and 6 are prohibited. In addition, critical facilities, as defined in section 36-779,
are prohibited in all floodplain districts.
(Ord. No. 2016-14, § 3.2, 10-18-2016)
Secs. 36-803—36-820. Reserved.
DIVISION 4. FLOODWAY DISTRICT (FW)
Sec. 36-821. Permitted uses.
The following uses, subject to the standards set forth in section 36 -822, are permitted uses if otherwise
allowed in the underlying zoning district or any applicable overlay district:
(1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
(2) Industrial-commercial loading areas, parking areas, and airport landing strips.
(3) Open space uses, including but not limited to private and public golf courses, tennis courts, driving
ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and
nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single
or multiple purpose recreational trails.
(4) Residential lawns, gardens, parking areas, and play areas.
(5) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of
Natural Resources' area hydrologist is notified at least ten days prior to issuance of any permit.
(Ord. No. 2016-14, § 4.1, 10-18-2016)
Sec. 36-822. Standards for floodway permitted uses.
(a) The use must have a low flood damage potential.
(b) The use must not obstruct flood flows or cause any increase in flood elevations and must not involve
structures, obstructions, or storage of materials or equipment.
(c) Any facility that will be used by employees or the general public must be designed with a flood warning
system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that
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the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon
occurrence of the regional (one-percent chance) flood.
(Ord. No. 2016-14, § 4.2, 10-18-2016)
Sec. 36-823. Conditional uses.
The following uses may be allowed as conditional uses following the standards and procedures set forth in
section 36-944 of this article and further subject to the standards set forth in section 36-824, if otherwise allowed
in the underlying zoning district or any applicable overlay district.
(1) Structures accessory to the uses listed in [section] 36 -821(1)—(3) above.
(2) Storage yards for equipment, machinery, or materials.
(3) Placement of fill.
(Ord. No. 2016-14, § 4.3, 10-18-2016)
Sec. 36-824. Standards for floodway conditional uses.
(a) All uses. A conditional use must not cause any increase in the stage of the one-percent chance or regional
flood or cause an increase in flood damages in the reach or reaches affected.
(b) Fill; storage of materials and equipment:
(1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
(2) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected
from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and
gravel operations and similar uses must be covered by a long-term site development plan.
(3) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage
of the one-percent chance or regional flood may only be allowed if the council has approved a plan
that assures removal of the materials from the floodway based upon the flood warning time available.
(c) Accessory structures. Accessory structures, as identified in section 36-823(1), may be permitted, provided
that:
(1) Structures are not intended for human habitation;
(2) Structures will have a low flood damage potential;
(3) Structures will be constructed and placed so as to offer a minimal obstruction to the flow of
floodwaters;
(4) Service utilities, such as electrical and heating equipment, within these structures must be elevated to
or above the regulatory flood protection elevation or properly floodproofed;
(5) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2
floodproofing classifications in the state building code. All floodproofed structures must be adequately
anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood
forces on exterior walls.
(6) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4
floodproofing classifications in the state building code, provided the accessory structure constitutes a
minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement
must either be certified by a registered professional engineer or meet or exceed the following criteria:
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a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two
"automatic" openings in the outside walls of the structure, with a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding; and
b. There must be openings on at least two sides of the structure and the bottom of all openings
must be no higher than one foot above the lowest adjacent grade to the structure. Using human
intervention to open a garage door prior to flooding will not satisfy this requirement for
automatic openings.
(d) Structural works for flood control that will change the course, current or cross section of protected wetlands
or public waters are subject to the provisions of Minn. Stats. § 103G.245.
(e) A levee, dike or floodwall constructed in the floodway must not cause an increase to the one -percent chance
or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a
stream.
(f) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining
floodplain of any tributary watercourse or drainage system.
(Ord. No. 2016-14, § 4.4, 10-18-2016)
Secs. 36-825—36-840. Reserved.
DIVISION 5. FLOOD FRINGE DISTRICT (FF)
Sec. 36-841. Permitted uses.
Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply
with the standards in section 36-842.
(Ord. No. 2016-14, § 5.1, 10-18-2016)
Sec. 36-842. Standards for Flood Fringe permitted uses.
(a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is
at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no
lower than one foot below the regulatory flood protection elevation and the fill must extend at the same
elevation at least 15 feet beyond the outside limits of the structure.
(b) Accessory structures. As an alternative to the fill requirements of subsection (a), structures accessory to the
uses identified in section 36-841 may be permitted to be internally/wet floodproofed to the FP3 or FP4
floodproofing classifications in the state building code, provided that:
(1) The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and
is only used for parking and storage.
(2) All portions of floodproofed accessory structures below the regulatory flood protection elevation must
be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to
equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood
damage, and (iii) must have all service utilities be watertight or elevated to above the regulatory flood
protection elevation.
(3) Designs for meeting this requirement must either be certified by a registered professional engineer or
meet or exceed the following criteria:
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a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two
"automatic" openings in the outside walls of the structure, with a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding; and
b. There must be openings on at least two sides of the structure and the bottom of all openings
must be no higher than one foot above the lowest adjacent grade to the structure. Using human
intervention to open a garage door prior to flooding will not satisfy this requirement for
automatic openings.
(c) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection
elevation.
(d) All service utilities, including ductwork, must be elevated or watertight to prevent infiltration of floodwaters.
(e) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
(f) All fill must be properly compacted and the slopes must be properly protected by the use of riprap,
vegetative cover or other acceptable method.
(g) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the
regulatory flood protection elevation. However, any facilities used by employees or the general public must
be designed with a flood warning system that provides adequate time for evacuation if the area is inundated
to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would
exceed a product of four upon occurrence of the regional (one-percent chance) flood.
(h) Interference with normal manufacturing/industrial plant operations must be minimized, especially along
streams having protracted flood durations. In considering permit applications, due consideration must be
given to the needs of industries with operations that require a floodplain location.
(i) Manufactured homes and recreational vehicles must meet the standards of division 9 of this article.
(Ord. No. 2016-14, § 5.2, 10-18-2016)
Sec. 36-843. Conditional uses.
The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning
district(s) or any applicable overlay district, following the procedures in section 36 -944 of this article.
(1) Any structure that is not elevated on fill or floodproofed in accordance with section 36 -842(a) and (b)
of this article.
(2) Storage of any material or equipment below the regulatory flood protection elevation.
(3) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to
elevate a structure in accordance with section 36-842(a) of this article.
(Ord. No. 2016-14, § 5.3, 10-18-2016)
Sec. 36-844. Standards for Flood Fringe conditional uses.
(a) The standards listed in section 36-842(c) through (i) apply to all conditional uses.
(b) Basements, as defined by section 36-779 of this article, are subject to the following:
(1) Residential basement construction is not allowed below the regulatory flood protection elevation.
(2) Non-residential basements may be allowed below the regulatory flood protection elevation provided
the basement is structurally dry floodproofed in accordance with subsection (c) of this section.
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Page 10 of 18
(c) All areas of nonresidential structures, including basements, to be placed below the regulatory flood
protection elevation must be floodproofed in accordance with the structurally dry floodproofing
classifications in the state building code. Structurally dry floodproofing must meet the FP1 or FP2
floodproofing classification in the state building code, which requires making the structure watertight with
the walls substantially impermeable to the passage of water and with structural components capable of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(d) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the
purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved
erosion/sedimentation control plan.
(1) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a
minimum of the regional (one-percent chance) flood event.
(2) The plan must be prepared and certified by a registered professional engineer or other qualified
individual acceptable to the council.
(3) The plan may incorporate alternative procedures for removal of the material from the floodplain if
adequate flood warning time exists.
(e) Storage of materials and equipment below the regulatory flood protection elevation must comply with an
approved emergency plan providing for removal of such materials within the time available after a flood
warning.
(Ord. No. 2016-14, § 5.4, 10-18-2016)
Secs. 36-845—36-860. Reserved.
DIVISION 6. GENERAL FLOODPLAIN DISTRICT (GF)
Sec. 36-861. Permitted uses.
(a) The uses listed in section 36-821 of this article, Floodway District permitted uses, are permitted uses.
(b) All other uses are subject to the floodway/flood fringe evaluation criteria specified in section 36 -862 below.
Division 4 applies if the proposed use is determined to be in the Floodway District. Division 5 applies if the
proposed use is determined to be in the Flood Fringe District.
(Ord. No. 2016-14, § 6.1, 10-18-2016)
Sec. 36-862. Procedures for Floodway and Flood Fringe determinations.
(a) Upon receipt of an application for a permit or other approval within the General Floodplain District, the
zoning administrator must obtain, review and reasonably utilize any regional flood elevation and floodway
data available from a federal, state, or other source.
(b) If regional flood elevation and floodway data are not readily available, the applicant must furnish additional
information, as needed, to determine the regulatory flood protection elevation and whether the proposed
use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted
hydrological and hydraulic engineering standards and the standards in [subsection] (c) below.
(c) The determination of floodway and flood fringe must include the following components, as applicable:
(1) Estimate the peak discharge of the regional (one-percent chance) flood.
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(2) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream
channel and overbank areas.
(3) Compute the floodway necessary to convey or store the regional flood without increasing flood stages
more than one-half-foot. A lesser stage increase than one-half-foot is required if, as a result of the
stage increase, increased flood damages would result. An equal degree of encroachment on both sides
of the stream within the reach must be assumed in computing floodway boundaries.
(d) The zoning administrator will review the submitted information and assess the technical evaluation and the
recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative
effects of previous floodway encroachments. The zoning administrator may seek technical assistance from a
designated engineer or other expert person or agency, including the Department of Natural Resources.
Based on this assessment, the zoning administrator may approve or deny the application.
(e) Once the Floodway and Flood Fringe District boundaries have been determined, the zoning administrator
must process the permit application consistent with the applicable provisions of divisions 4 and 5 of this
article.
(Ord. No. 2016-14, § 6.2, 10-18-2016)
Secs. 36-863—36-880. Reserved.
DIVISION 7. LAND DEVELOPMENT STANDARDS
Sec. 36-881. In general.
Recognizing that floodprone areas may exist outside of the designated floodplain districts, the requirements
of this section apply to all land within the city.
(Ord. No. 2016-14, § 7.1, 10-18-2016)
Sec. 36-882. Subdivisions.
No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply
or sewage treatment facilities.
(1) All lots within the floodplain districts must be able to contain a building site outside of the Floodway
District at or above the regulatory flood protection elevation.
(2) All subdivisions must have road access both to the subdivision and to the individual building sites no
lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency
plan for the safe evacuation of all vehicles and people during the regional (one-percent chance) flood
has been approved by the council. The plan must be prepared by a registered engineer or other
qualified individual, and must demonstrate that adequate time and personnel exist to carry out the
evacuation.
(3) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory
flood protection elevation and the required elevation of all access roads must be clearly labeled on all
required subdivision drawings and platting d ocuments.
(4) In the General Floodplain District, applicants must provide the information required in section 36 -862
of this article to determine the regional flood elevation, the Floodway and Flood Fringe District
boundaries and the regulatory flood protection elevation for the subdivision site.
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(5) If a subdivision proposal or other proposed new development is in a floodprone area, any such
proposal must be reviewed to assure that:
a. All such proposals are consistent with the need to minimize flood damage within the floodprone
area;
b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and
constructed to minimize or eliminate flood damage; and
c. Adequate drainage is provided to reduce exposure of flood hazard.
(Ord. No. 2016-14, § 7.2, 10-18-2016)
Sec. 36-883. Building sites.
If a proposed building site is in a floodprone area, all new construction (including the placement of
manufactured homes) must be:
(1) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement
of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) Constructed with materials and utility equipment resistant to flood damage;
(3) Constructed by methods and practices that minimize flood damage;
(4) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding; and
(5) Approved by the city engineer.
(Ord. No. 2016-14, § 7.3, 10-18-2016)
Secs. 36-884—36-900. Reserved.
DIVISION 8. PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
Sec. 36-901. Public utilities.
All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the
floodplain must be floodproofed in accordance with the state building code, industry standards, or elevated to the
regulatory flood protection elevation.
(Ord. No. 2016-14, § 8.1, 10-18-2016)
Sec. 36-902. Public transportation facilities.
Railroad tracks, roads, and bridges to be located within the floodplain must comply with divisions 4 and 5 of
this article. These transportation facilities must be elevated to the regulatory flood protection elevation where
failure or interruption of these facilities would result in danger to the public health or safety or where such
facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be
constructed at a lower elevation where failure or interruption of transportation services would not endanger the
public health or safety.
(Ord. No. 2016-14, § 8.2, 10-18-2016)
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Sec. 36-903. On-site water supply and sewage treatment systems.
Where public utilities are not provided:
(1) On-site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into
the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and
(2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into floodwaters, they
must not be subject to impairment or contamination during times of flooding, and are subject to the
provisions in Minnesota Rules Chapter 7080.2270, as amended.
(Ord. No. 2016-14, § 8.3, 10-18-2016)
Secs. 36-904—36-920. Reserved.
DIVISION 9. MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND
RECREATIONAL VEHICLES
Sec. 36-921. Manufactured homes.
New manufactured home parks and expansions to existing manufactured home parks are prohibited in any
floodplain district.
(1) Placement or replacement of manufactured home units is prohibited in the Floodway District.
(Ord. No. 2016-14, § 9.1, 10-18-2016)
Sec. 36-922. Recreational vehicles.
New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or
campgrounds are prohibited in any floodplain district. Temporary storage of recreational vehicles in the floodplain
must meet the exemption criteria below.
(1) Criteria for exempt recreational vehicles:
a. The vehicle must have a current license required for highway use.
b. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached
to the site only by quick disconnect type utilities.
(Ord. No. 2016-14, § 9.2, 10-18-2016)
Secs. 36-923—36-940. Reserved.
DIVISION 10. ADMINISTRATION
Sec. 36-941. Zoning administrator.
A zoning administrator or other official designated by the city must administer and enforce this article.
(Ord. No. 2016-14, § 10.1, 10-18-2016)
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Page 14 of 18
Sec. 36-942. Permit requirements.
(a) Permit required. A permit must be obtained from the zoning administrator prior to conducting the following
activities:
(1) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion
thereof. Normal maintenance and repair also requires a permit if such work, separately or in
conjunction with other planned work, constitutes a subs tantial improvement as defined in this article.
(2) The use or change of use of a building, structure, or land.
(3) The construction of a dam, fence, or on-site septic system.
(4) The change or extension of a nonconforming use.
(5) The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
(6) The placement of fill, excavation of materials, or the storage of materials or equipment within the
floodplain.
(7) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a
public waters work permit has been applied for.
(8) Any other type of "development" as defined in this article.
(b) Application for permit. Permit applications must be submitted to the zoning administrator on forms provided
by the zoning administrator. The permit application must include the information required in section 36 -129.
(c) Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may
be occupied or used in any manner until a certificate of zoning compliance has been issued by the zoning
administrator stating that the use of the building or land conforms to the requirements of this article.
(d) Certification. The applicant is required to submit certification by a registered professional engineer,
registered architect, or registered land surveyor that the finished fill and building elevations were
accomplished in compliance with the provisions of this article. Floodproofing measures must be certified by a
registered professional engineer or registered architect.
(e) Record of first floor elevation. The zoning administrator must maintain a record of the elevation of the lowest
floor (including basement) of all new structures and alterations or additions to existing structures in the
floodplain. The zoning administrator must also maintain a record of the elevation to which structures and
alterations or additions to structures are floodproofed.
(f) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream,
the zoning administrator must notify adjacent communities. If the applicant has applied for a permit to work
in public waters pursuant to Minn. Stats. § 103G.245, this will suffice as a dequate notice. A copy of the
notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management
Agency (FEMA).
(g) Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is
practicable, but not later than six months after the date such supporting information becomes available, the
zoning administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of
the relevant technical or scientific data.
(Ord. No. 2016-14, § 10.2, 10-18-2016)
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Sec. 36-943. Variances.
(a) Variance applications. An application for a variance to the provisions of this article will be processed and
reviewed in accordance with applicable state statutes and sections 36-95 through 36-104 of the zoning
ordinance/code.
(b) Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in
that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the
particular area, or permit standards lower than those required by state law.
(c) Additional variance criteria. The following additional variance criteria of the Federal Emergency Management
Agency must be satisfied:
(1) Variances must not be issued by a community within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
(2) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a
determination that failure to grant the variance would result in exceptional hardship to the applicant,
and (iii) a determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances.
(3) Variances may only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(d) Flood insurance notice. The zoning administrator must notify the applicant for a variance that:
(1) The issuance of a variance to construct a structure below the base flood level will result in increased
premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage;
and
(2) Such construction below the base or regional flood level increases risks to life and property. Such
notification must be maintained with a record of all variance actions.
(e) General considerations. The community may consider the following factors in granting variances and
imposing conditions on variances and conditional uses in floodplains:
(1) The potential danger to life and property due to increased flood heights or velocities caused by
encroachments;
(2) The danger that materials may be swept onto other lands or downstream to the injury of others;
(3) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize
the potential for disease, contamination and unsanitary conditions;
(4) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage
on the individual owner;
(5) The importance of the services to be provided by the proposed use to the community;
(6) The requirements of the facility for a waterfront location;
(7) The availability of viable alternative locations for the proposed use that are not subject to flooding;
(8) The compatibility of the proposed use with existing development and development anticipated in the
foreseeable future;
(9) The relationship of the proposed use to the comprehensive land use plan and floodplain management
program for the area;
(10) The safety of access to the property in times of flood for ordinary and emergency vehicles;
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Page 16 of 18
(11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters
expected at the site.
(f) Submittal of hearing notices to the Department of Natural Resources (DNR). The zoning administrator must
submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days'
notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
(g) Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the
DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective
DNR area hydrologist.
(h) Recordkeeping. The zoning administrator must maintain a record of all variance actions, including
justification for their issuance, and must report such variances in an annual or biennial report to the
administrator of the National Flood Insurance Program, when requeste d by the Federal Emergency
Management Agency.
(Ord. No. 2016-14, § 10.3, 10-18-2016)
Sec. 36-944. Conditional uses.
(a) Administrative review. An application for a conditional use permit under the provisions of this article will be
processed and reviewed in accordance with section(s) 36-301—36-310 of the zoning ordinance/code.
(b) Factors used in decision-making. In passing upon conditional use applications, the city council must consider
all relevant factors specified in other sections of this article, and those factors identified in section 36 -943(e)
of this article.
(c) Conditions attached to conditional use permits. The city council may attach such conditions to the granting of
conditional use permits as it deems necessary to fulfill the purposes of this article. Such conditions may
include, but are not limited to, the following:
(1) Modification of waste treatment and water supply facilities.
(2) Limitations on period of use, occupancy, and operation.
(3) Imposition of operational controls, sureties, and deed restrictions.
(4) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and
other protective measures.
(5) Floodproofing measures, in accordance with the state building code and this article. The applicant must
submit a plan or document certified by a registered professional engineer or architect that the
floodproofing measures are consistent with the regulato ry flood protection elevation and associated
flood factors for the particular area.
(d) Submittal of hearing notices to the Department of Natural Resources (DNR). The zoning administrator must
submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least
ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR
area hydrologist.
(e) Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded
to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the
respective DNR area hydrologist.
(Ord. No. 2016-14, § 10.4, 10-18-2016)
Secs. 36-945—36-960. Reserved.
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Page 17 of 18
DIVISION 11. NONCONFORMITIES
Sec. 36-961. Continuance of nonconformities.
A use, structure, or occupancy of land which was lawful before the passage or amendment of this article but
which is not in conformity with the provisions of this article may be continued subject to the following conditions.
Historic structures, as defined in section 36-779 of this article, are subject to the provisions of subsections (1)—(3).
(1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in
a way that increases its flood damage potential or degree of obstruction to flood flows except as
provided in [subsection] (2) below. Expansion or enlargement of uses, structures or occupancies within
the Floodway District is prohibited.
(2) Any addition or structural alteration to a nonconforming structure or nonconforming use that would
result in increasing its flood damage potential must be protected to the regulatory flood protection
elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4
floodproofing classifications) allowable in the state building code, except as further restricted in
[subsection] (4) below.
(3) If any nonconformity is substantially damaged, as defined in section 36 -779 of this article, it may not be
reconstructed except in conformity with the provisions of this article. The applicable provisions for
establishing new uses or new structures in division 4 or 5 will apply depending upon whether the use
or structure is in the Floodway or Flood Fringe [District], respectively.
(4) Any substantial improvement, as defined in section 36-779 of this article, to a nonconforming structure
requires that the existing structure and any additions must meet the requirements of division 4 or 5 of
this article for new structures, depending upon whether the structure is in the Floodway or Flood
Fringe District.
(Ord. No. 2016-14, § 11.1, 10-18-2016)
Secs. 36-962—36-980. Reserved.
DIVISION 12. PENALTIES AND ENFORCEMENT
Sec. 36-981. Violation constitutes a misdemeanor.
Violation of the provisions of this article or failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with grants of variances or conditional uses)
constitute a misdemeanor and will be punishable as defined by law.
(Ord. No. 2016-14, § 12.1, 10-18-2016)
Sec. 36-982. Other lawful action.
Nothing in this article restricts the city from taking such other lawful action as is necessary to prevent or
remedy any violation. If the responsible party does not appropriately respond to the zoning administrator within
the specified period of time, each additional day that lapses will constitute an additional violation of this article
and will be prosecuted accordingly.
(Ord. No. 2016-14, § 12.2, 10-18-2016)
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Page 18 of 18
Sec. 36-983. Enforcement.
Violations of the provisions of this article will be investigated and resolved in accordance with the provisions
of section(s) 36-369 through 36-371 of the zoning ordinance/code. In responding to a suspected ordinance
violation, the zoning administrator an d council may utilize the full array of enforcement actions available to it
including but not limited to prosecution and fines, injunctions, after -the-fact permits, orders for corrective
measures or a request to the National Flood Insurance Program for den ial of flood insurance availability to the
guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to
the extent possible so as not to jeopardize its eligibility in the National Flood Insurance P rogram.
(Ord. No. 2016-14, § 12.3, 10-18-2016)
Secs. 36-984—36-1000. Reserved.
DIVISION 13. AMENDMENTS
Sec. 36-1001. Floodplain designation—Restrictions on removal.
The floodplain designation on the official zoning map must not be removed from floodplain areas unless it
can be shown that the designation is in error or that the area has been filled to or above the elevation of the
regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this
rule may be permitted by the commissioner of the Department of Natural Resources (DNR) if the commissioner
determines that, through other measures, lands are adequately protected for the intended use.
(Ord. No. 2016-14, § 13.1, 10-18-2016)
Sec. 36-1002. Amendments require DNR approval.
All amendments to this article must be submitted to and approved by the commissioner of the Department
of Natural Resources (DNR) prior to adoption. The commissioner must approve the amendment prior to
community approval.
(Ord. No. 2016-14, § 13.2, 10-18-2016)
Sec. 36-1003. Map revisions require ordinance amendments.
The Floodplain District regulations must be amended to incorporate any revisions by the Federal Emergency
Management Agency to the floodplain maps adopted in section 36 -773 of this article.
(Ord. No. 2016-14, § 13.3, 10-18-2016)
Secs. 36-1004—36-1189. Reserved
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Minnesota Department of Natural Resources • Division of Ecological and Water Resources
500 Lafayette Road, Box 25, Saint Paul, MN 55155-4025
June 25, 2025
The Honorable James Hovland
Mayor, City of Edina
Edina City Hall
4801 W. 50th St.
Edina, MN 55424
Dear Mayor Hovland:
RE: CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE & REQUIRED NEXT STEPS
On behalf of the Department of Natural Resources (DNR), I am writing to conditionally approve the City of
Edina’s draft floodplain management ordinance.
We received a draft of the City’s revised floodplain ordinance from the City’s Water Resources Manager, Jessica
Vanderwerff Wilson, on June 06, 2025. This ordinance is being amended as part of the City’s initiative to adopt a
more current version of the State’s model floodplain ordinance and incorporate a local flood areas district to
capture the flood risk reduction strategy policies from the City’s local water plan.
In accordance with Minnesota Statutes, Section 103F.121, we find that the City’s draft floodplain management
ordinance substantially complies with the state floodplain management rules (Minnesota Rules, parts 6120.5000
to 6120.6200) and, to the best of our knowledge, with the floodplain management standards of the Federal
Emergency Management Agency (FEMA). It is hereby conditionally approved.
We will provide final approval of the City’s draft floodplain management ordinance once the following
conditions have been met:
• Revise the draft ordinance to address all comments and recommended revisions in the attachment.
• Submit the following materials to the DNR:
o one (1) copy each of the signed adopted ordinance addressing all comments noted above,
o the affidavit of publication, and
o the completed “Ordinance Processing Checklist” (attached).
Please forward these documents via email to the DNR Floodplain Program email at floodplain.dnr@state.mn.us,
and copy the DNR’s State NFIP Coordinator, Ceil Strauss at ceil.strauss@state.mn.us. Upon receipt and
verification, we will send a final approval letter. Ms. Strauss will then transmit the ordinance and final approval
letter to our contacts at FEMA’s Chicago Regional Office. Be advised that any future amendments of this
ordinance or change in the designation of flood prone areas require prior DNR approval. In addition, you are
required to send copies of hearing notices and final decisions pertaining to variance, conditional uses, and
ordinance amendments to this agency. Please email these notices to Ceil Strauss. Should you have any questions
on this ordinance or related matters, please contact Ms. Strauss via email or at (651) 259-5713.
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While our office in St. Paul will be the main contact for this floodplain ordinance update, your DNR Area
Hydrologist will continue to be your main contact for day-to-day assistance with administering your floodplain
management ordinance and questions about other DNR water-related programs and permits. The Area
Hydrologist position for your community is currently vacant. In the interim, please direct questions for your Area
Hydrologist to the following email address northmetroareahydro.dnr@state.mn.us.
The DNR greatly appreciates your community’s cooperation and initiative in providing for the reduction of flood
damages through the adoption and administration of this ordinance.
Sincerely,
Emily Javens, PE
Land Use Unit Supervisor
DNR Ecological & Water Resources
Attachments: Draft Ordinance with DNR Comments
Ordinance Processing Checklist
Sample Ordinance Summary
c: Jessica Vanderwerff Wilson, Water Resources Manager – City of Edina
Dan Lais, DNR EWR Regional Manager
Megan Moore, DNR EWR District Manager
John Gleason, District Hydrologist Supervisor
northmetroareahydro.dnr@state.mn.us
Ceil Strauss, DNR State Floodplain Manager/NFIP Coordinator
Page 143 of 228
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1.1 Statutory Authorization. This floodplain ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 103F; Minnesota Rules, parts 6120.5000 – 6120.6200; the rules and regulations of the
National Flood Insurance Program (NFIP) in 44 CFR § 59 to 78; and the planning and zoning enabling legislation in
Minnesota Statutes, Chapter 462.
1.2 Purpose
1.21 This ordinance regulates development in the flood hazard areas of the City of Edina. These flood hazard areas
are subject to periodic inundation, which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base. It is the purpose of this ordinance to promote public health, safety, and
general welfare by minimizing these losses and disruptions.
1.22 This ordinance is adopted in the public interest to promote sound land use practices, and floodplains are a land
resource to be developed in a manner which will result in minimum loss of life and threat to health, and
reduction of private and public economic loss caused by flooding.
1.23 This ordinance is adopted to maintain eligibility in the National Flood Insurance Program.
1.24 This ordinance is also intended to preserve the natural characteristics and functions of watercourses and
floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion,
protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance
community and economic development.
1.25 While this ordinance is primarily focused on reducing exposure and vulnerability of primary structures to
flooding from surface sources, the City of Edina recognizes that seepage from high groundwater and sanitary
sewer backflow are also pathways for flood exposure and that individual properties are responsible for
understanding their exposure to all sources of flooding and implementing specific flood exposure or vulnerability
reducing measures. Site specific standards for “Local Flood Areas”, as defined in Section 2.0 of this ordinance,
allow redevelopment flexibility to make specific tradeoffs between flood exposure and vulnerability reducing
measures for equivalent or improved flood risk reduction. Regulation is one of four key strategies used in the
City of Edina Flood Risk Reduction Strategy of the City’s Water Resources Management Plan.
1.26 Climate change is increasing the risks associated with flooding through more frequent and intense storm events,
altered precipitation patterns, and prolonged elevated groundwater levels during wet cycles, creating long‐term
challenges. Promoting risk‐informed development can mitigate the impacts of flooding on current and future
generations.
1.3 Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing
easements, covenants, or other private agreements. The standards in this ordinance take precedence over any less
restrictive, conflicting local laws, ordinances, or codes. All other ordinances inconsistent with this ordinance are hereby
repealed to the extent of the inconsistency only.
1.4 Warning and Disclaimer of Liability. This ordinance does not imply that areas outside the floodplain districts or land
uses permitted within such districts will be free from flooding or flood damages. Not all flood risk is mapped. Larger
floods do occur and the flood height may be increased by man‐made or natural causes, such as ice jams or bridge
openings restricted by debris. This ordinance does not create liability on the part of the City of Edina or its officers or
employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully
made hereunder.
1.5 Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a
court of law, the remainder of this ordinance shall not be affected and shall remain in full force.
SECTION 2.0 DEFINITIONS
2.1 Definitions. Unless specifically defined, words or phrases used in this ordinance must be interpreted according to
common usage and so as to give this ordinance its most reasonable application.
2.111 Accessory Structure. A structure, as defined in this ordinance, that is on the same parcel of property as, and is
incidental to, the principal structure or use; an accessory structure specifically excludes structures used for
human habitation.
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2.112 Base Flood. The flood having a one‐percent chance of being equaled or exceeded in any given year.
2.113 Base Flood Elevation (BFE). The elevation of the base flood, or one‐percent annual chance flood.
2.114 Basement. Any area of a structure, including crawl spaces, having its floor subgrade (below ground level) on all
sides, regardless of the depth of excavation below ground level.
2.115 Building. See Structure.
2.116 Channel. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and
conduct flowing water either continuously or periodically.
2.117 Conditional Use means as defined in section 36‐10.
2.118 Critical Storm Event means a design storm which provides the highest flood discharges/water surface elevations
for the flooding source. This may include the one‐percent annual chance flood or 10‐day snowmelt event.
2.119 Development. Any man‐made change to improved or unimproved real estate, including, but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or
storage of equipment or materials.
2.120 Equal Degree of Encroachment. A method of determining the location of floodway boundaries so that floodplain
lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
2.121 FEMA. Federal Emergency Management Agency.
2.122 Flood. A temporary rise in the stream flow or water surface elevation from any source that results in the
inundation of normally dry land areas.
2.123 Flood Fringe. The portion of the one‐percent annual chance floodplain located outside of the floodway.
2.124 Flood Insurance Rate Map (FIRM). An official map on which the Federal Insurance Administrator has delineated
both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has
been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
2.125 Flood Insurance Study (FIS). The study referenced in Section 3.2, which is an examination, evaluation and
determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination,
evaluation, and determination of mudslide (i.e. mudflow) and/or flood‐related erosion hazards.
2.126 Floodplain. The beds, channel and the areas adjoining a wetland, lake or watercourse, or other source which
have been or hereafter may be inundated by the base flood.
2.127 Floodproofing. A combination of structural and non‐structural additions, changes, or adjustments to properties
and structures subject to flooding, primarily for the reduction or elimination of flood damages.
2.128 Floodway. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining
floodplain which must be reserved to carry or store the base flood discharge.
2.129 Flood Flow Path. Areas of land with expected concentrated overland flow or overflow from a Local Flood Area in
the 1‐percent annual chance event, which may be planned or unplanned.
2.130 General Floodplain. Those floodplains designated on the Flood Insurance Rate Maps referenced in Section 3.2,
but that do not have a delineated floodway.
2.131 Landlocked basin means a basin that does not have an outlet in the 10‐percent annual chance event.
2.132 Local Flood Area. Flood prone areas not shown on the Flood Insurance Rate Maps referenced in Section 3.2,
which are located outside of the Floodway, Flood Fringe, and General Floodplain Districts. Local Flood Area is
synonymous with the term “Local 1‐Percent Annual Chance Flood Inundation” used in the Water Resources
Management Plan and the City of Edina’s Interactive Water Resources Map.
2.133 Light Duty Truck. Any motor vehicle that has all three of the following:
A. 8,500 pounds Gross Vehicle Weight Rating or less;
B. vehicle curb weight of 6,000 pounds or less; and
C. basic vehicle frontal area less than 45 square feet.
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2.134 Lowest Floor. The lowest floor of the lowest enclosed area (including basement).
2.135 Lowest Opening Elevation. The lowest opening of a structure, for example garage door, windowsill elevation,
top of dry‐floodproofed window well elevation, or walkout or door threshold elevation.
2.136 Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis
and is designed for use with or without a permanent foundation when attached to the required utilities. The
term “manufactured home” does not include the term “recreational vehicle.”
2.137 New Construction. Structures for which the start of construction commenced on or after the effective date of an
adopted floodplain management regulation, and includes any subsequent improvements to such structures.
2.138 Ponding Basin. Describes an area used for long term or extended flood storage, for example detention
basins/ponds, retention basins/pond, natural waterbodies, or other areas that provide flood storage either by
design or naturally.
2.139 Principal Structure. The main building or other structure on a lot that is utilized for the property’s principal use.
2.140 Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a
natural or man‐made obstruction. In an urban area, the segment of a stream or river between two consecutive
bridge crossings would most typically constitute a reach.
2.141 Recreational Vehicle. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the
largest horizontal projection, is designed to be self‐propelled or permanently towable by a light duty truck, and
is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use. Those vehicles not meeting this definition shall be considered a structure for
the purposes of this ordinance. For the purposes of this ordinance, the term recreational vehicle is synonymous
with the term “travel trailer/travel vehicle.”
2.142 Regional Tailwater. The Local Flood Area which is controlled or significantly affected by the regional flood as
shown in the Floodway, Flood Fringe, and General Floodplain Districts.
2.143 Regulatory Flood Protection Elevation (RFPE). An elevation that is two feet above the elevation of the base flood
or, for landlocked basins in the Local Flood Area District, an elevation that is two feet above the elevation of the
critical storm event elevation.
2.144 Stage Increase. Any increase in the water surface elevation during the one‐percent annual chance flood caused
by encroachments on the floodplain.
2.145 Special flood hazard area (SFHA). An area having special flood, mudslide (i.e., mudflow), or flood‐related erosion
hazards, and shown on an FHBM or FIRM as Zone A, AO, A1‐30, AE, AR, AR/A1‐30, AR/AE, AR/AO, AR/AH, AR/A,
A99, AH, VO, V1‐30, VE, V, M, or E.
2.146 Start of Construction. Includes substantial improvement, and means the date the permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement
was within 180 days of the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions
of the building.
2.147 Structure. A roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a
manufactured home. Recreational vehicles not considered travel ready, as detailed in Section 11.22, shall also be
considered a structure for the purposes of this ordinance.
2.148 Subdivision. Defined in section 32‐2.
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2.149 Substantial Damage. Damage of any origin sustained by a structure where the cost of restoring the structure to
its before damaged condition would equal or exceed 50 percent of the market value of the structure before the
damage occurred.
2.150 Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of the structure before the “start of
construction” of the improvement. This term includes structures that have incurred “substantial damage,”
regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions; or
B. Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s
continued designation as a “historic structure.” For the purpose of this ordinance, “historic structure” is
defined in 44 CFR § 59.1.
2.151 Subwatershed. A smaller, distinct drainage area within a larger watershed. It represents a localized region where
all precipitation and surface water flow converge into a specific waterbody or low area. Subwatersheds are
delineated by topographical features which define the boundaries of water flow. Subwatershed delineations are
available in the City of Edina’s Interactive Water Resources Map.
2.152 Variance. “Variance” means the same as that defined in 44 CFR § 59.1 and Minnesota Statutes, 462.357, Subd.
6(2).
2.153 Violation. “Violation” means the failure of a structure or other development to be fully compliant with the
community's flood plain management regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in
violation of until such time as that documentation is provided.
2.154 Watercourse. A channel in which a flow of water occurs either continuously or intermittently in a definitive
direction. The term applies to either natural or artificially constructed channels.
SECTION 3.0 JURISDICTION AND DISTRICTS
3.1 Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of the City of Edina within
the Special Flood Hazard Areas (SFHAs) identified on the Flood Insurance Rate Maps listed in Section 3.2 and those areas
within the Local Flood Area as described within the City’s Water Resources Management Plan. Areas within the SFHA are
within one of three districts: the Floodway, Flood Fringe, or General Floodplain, as listed in Section 3.3. Areas within the
Local Flood Area are within the Local Flood Area District as listed in Section 3.34.
3.11 The Floodway, Flood Fringe, General Floodplain or Local Flood Area Districts are overlay districts. The standards
imposed in the overlay districts are in addition to any other requirements. In case of a conflict, the more
restrictive standards will apply.
3.12 Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field
conditions, the Base Flood Elevation (BFE) shall be the governing factor in locating the outer boundaries of the
one‐percent annual chance floodplain.
3.13 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their
case to the Planning Commission and to submit technical evidence.
3.2 Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by
reference and declared to be a part of the official zoning map and this ordinance. The attached material includes the
Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, and the Flood Insurance Rate map
panels enumerated below, all dated November 4, 2016, and revised by the Letter of Map Revision, Case No. 25‐05‐
1025P, with an effective date of [Insert Effective Date] including all attached maps, tables, and flood profiles: all
prepared by the Federal Emergency Management Agency. The City of Edina’s Interactive Water Resources Map is also
hereby adopted to support the applicable regulations within the Local Flood Area District. These materials are hosted on
the City’s website and on file in the Engineering Department.
27053C0342F
27053C0344F
27053C0361F
27053C0362F
27053C0363F
27053C0364F
Commented [RH1]: It goes without saying, but this date
will need to be inserted, once made available from FEMA,
prior to adoption of the ordinance. If the City chooses to
adopt the ordinance prior to the effective date being
published by FEMA, then the entire LOMR reference can be
removed. However, the City will be required to amend the
ordinance again once the LOMR has been approved and an
effective date has been published. Either way is acceptable
to the DNR.
Page 147 of 228
27053C0432F 27053C0451F 27053C0452F
3.3 Districts
3.31 Floodway District. Those areas within Zones AE delineated within floodway areas as shown on the Flood
Insurance Rate Maps referenced in Section 3.2 and those areas within Zone A determined to be located in the
floodway based on the delineation methods in Section 7.4.
3.32 Flood Fringe District. Those areas within Zones AE located outside of the delineated floodway, as shown on the
Flood Insurance Rate Maps referenced in Section 3.2 and those areas within Zone A determined to be located in
the flood fringe based on the delineation methods in Section 7.4.
3.33 General Floodplain District. Those areas within Zone A or Zone AE areas that do not have a floodway delineated
as shown on the Flood Insurance Rate Maps referenced in Section 3.2.
3.34 Local Flood Area District. Those areas not within the Special Flood Hazard Area that are identified as “Local 1‐
Percent Annual Chance Flood Inundation” on the City of Edina’s Interactive Water Resources Map.
3.4 Annexations. The Flood Insurance Rate Map panels referenced in Section 3.2 may include floodplain areas that lie
outside of the corporate boundaries of the City of Edina at the time of adoption of this ordinance. If any of these
floodplain land areas are annexed into the City of Edina after the date of adoption of this ordinance, the newly annexed
floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation.
Annexations into panels not referenced in Section 3.2 require ordinance amendment in accordance with Section 15.0.
3.5 Municipal Boundary Adjustments & Townships. The Flood Insurance Rate Map panels referenced in Section 3.2 apply
countywide. If at any point any lands come under the jurisdiction of another local government, the following shall apply:
3.51 City adjustments of corporate boundaries, including but not limited to annexations and detachments, shall shift
floodplain administrative authority of all affected lands immediately upon the date of the boundary adjustment
occurring. Cities retain jurisdiction for all incorporated lands, and the County retains jurisdiction under this
ordinance on all unincorporated lands, except as provided under Section 3.52 below or through some form of
administrative agreement.
SECTION 4.0 REQUIREMENTS FOR ALL FLOODPLAIN DISTRICTS
4.1 Permit Required. A permit must be obtained from the Zoning Administrator to verify compliance with all applicable
standards outlined in this ordinance prior to the following uses or activities:
4.11 The erection, addition, modification, maintenance, rehabilitation, repair, or alteration of any building, structure,
or portion thereof. Normal maintenance requires a permit to determine if such work, either separately or in
conjunction with other planned work, constitutes a substantial improvement, as specified in Section 13.13.
4.12 The construction of a fence, pool, deck, or placement of anything that may cause a potential obstruction.
4.13 The change or expansion of a nonconforming use.
4.14 The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
4.15 The placement of fill, excavation, utilities, on‐site sewage treatment systems, or other service facilities.
4.16 The storage of materials or equipment, in conformance with Section 4.22.
4.17 Relocation or alteration of a watercourse (including stabilization projects or the construction of new or
replacement dams, culverts and bridges). A local permit is not required if a public waters work permit has been
obtained from the Department of Natural Resources, unless a significant area above the ordinary high water
level is also to be disturbed.
4.18 Any other type of “development,” as defined in Section 2.0 of this ordinance.
4.2 Minimum Development Standards
4.21 All development must:
A. Be designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
B. Be constructed with materials and equipment resistant to flood damage;
Commented [RH2]: Adding this language to incorporate
those Zone A areas that may require floodway delineations
per Section 7. I think I omitted this in the last review
because I hadn’t found any Zone A areas in the City.
However, as you indicated, there are some zone A areas in
the NE portion of the city.
Commented [RH3]: Same as previous comment, but for
flood fringe.
Page 148 of 228
C. Be constructed by methods and practices that minimize flood damage;
D. Be constructed with heating, ventilation, duct work, and air conditioning equipment and other service
facilities elevated at least up to the Regulatory Flood Protection Elevation (RFPE). Water, sewage, electrical,
and other utility lines below the RFPE shall be constructed so as to prevent water from entering or
accumulating within them during conditions of flooding;
E. Be reasonably safe from flooding and consistent with the need to minimize flood damage;
F. Be assured to provide adequate drainage to reduce exposure to flood hazards;
G. Not be detrimental to uses in adjoining areas; and
H. Not adversely affect the efficiency or restrict the flood carrying capacity of the channel and adjoining
floodplain of any tributary watercourse or drainage system.
I. Ensure that any fill or other materials are protected from erosion, discharge, and sediment entering surface
waters by the use of vegetative cover or other methods as soon as possible.
4.22 Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or
plant life shall be stored at or above the Regulatory Flood Protection Elevation (RFPE), floodproofed, or
protected by other measures as approved by the Zoning Administrator. Storage of materials likely to cause
pollution of the waters, such as sewage; sand; rock; wrecked and discarded equipment; dredged spoil;
municipal, agricultural or industrial waste; and other wastes as further defined in Minnesota Statutes, Section
115.01, are prohibited unless adequate safeguards approved by the Minnesota Pollution Control Agency are
provided. For projects not requiring approvals by the Minnesota Pollution Control Agency, adequate safeguards
must be approved by the Zoning Administrator prior to issuance of a permit.
SECTION 5.0 FLOODWAY DISTRICT
5.1 Permitted Uses in Floodway. Development allowed in the floodway district is limited to that which has low flood
damage potential and will not obstruct flood flows, increase velocities, or increase the water surface elevations of the
one‐percent annual chance flood. The following uses and activities may be allowed with a permit, subject to the
standards in Section 5.2:
5.11 Agricultural uses, recreational uses, parking lots, loading areas, airport landing strips, water control structures,
navigational facilities, as well as public open space uses.
5.12 Roads, railroads, trails, bridges, and culverts.
5.13 Public utility facilities and water‐oriented industries which must be in or adjacent to watercourses.
5.14 Grading, filling, land alterations, and shoreline stabilization projects.
5.15 No structures, as defined in Section 2.0, are allowed in the Floodway District, except structures accessory to the
uses detailed in Sections 5.11, which require a CUP under Section 5.31.
5.2 Standards for Permitted Uses in Floodway. In addition to the applicable standards detailed in Section 4.0:
5.21 The applicant must demonstrate that the development will not result in any of the following during the one‐
percent annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase
velocities. This shall be demonstrated through hydrologic and hydraulic analysis performed by a professional
engineer, or using other standard engineering practices (e.g. projects that restore the site to the previous cross‐
sectional area). This is commonly documented through a “no‐rise certification.”
5.22 Any development that would result in a stage increases greater than 0.00 feet may only be allowed with a
permit if the applicant has applied for and received approval for a Conditional Letter of Map Revision (CLOMR) in
accordance with 44 CFR § 65.12. Map revisions must follow the procedures in Sections 12.15 and 15.0.
5.23 Any development resulting in decreases to the water surface elevation of the base flood identified in the Flood
Insurance Study requires a Letter of Map Revision (LOMR) following the procedures in Sections 12.15 and 15.0.
5.24 Any development in the beds of public waters that will change the course, current or cross section is required to
obtain a public waters work permit in accordance with Minnesota Statutes, section 103G.245 or a utility crossing
license in accordance with Minnesota Statutes, section 84.415, from the Department of Natural Resources, or
demonstrate that no permit is required, before applying for a local permit.
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5.25 Any facility used by employees or the general public must be designed with a flood warning system acceptable
to the Zoning Administrator that provides adequate time for evacuation, or be designed to ensure that within
the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second)
is less than four.
5.26 Fill and other land alteration activities must offer minimal obstruction to the flow of flood waters, and be
protected from erosion and sediment entering surface waters by the use of vegetative cover, riprap or other
methods as soon as possible.
5.3 Conditional Uses in Floodway. The following uses and activities may be permitted as conditional uses, subject to the
standards detailed in Sections 5.4:
5.31 Structures accessory to uses detailed in Sections 5.11.
5.4 Standards for Conditional Uses in Floodway. In addition to the applicable standards detailed in Sections 4.0, 5.2 and
12.2:
5.41 Accessory Structures. Structures accessory to the uses detailed in Sections 5.11 must be constructed and placed
so as to offer a minimal obstruction to the flow of flood waters, and are subject to the standards in Section 6.23
of this ordinance.
SECTION 6.0 FLOOD FRINGE DISTRICT
6.1 Permitted Uses in Flood Fringe. Any uses or activities allowed in any applicable underlying zoning districts may be
allowed with a permit, subject to the standards set forth in Sections 6.2.
6.2 Standards for Permitted Uses in Flood Fringe. In addition to the applicable standards detailed in Section 4.0:
6.21 Residential Structures.
A. Elevation on Fill. All structures to be erected, constructed, reconstructed, altered, or moved on fill within the
Flood Fringe District shall be placed so that the lowest floor, as defined in Section 2.0 of this ordinance, is
elevated at or above the Regulatory Flood Protection Elevation (RFPE). The finished fill elevation shall be at or
above the elevation associated with the base flood plus any stage increases that result from designation of a
floodway. Fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.
Elevations must be certified by a registered professional engineer, land surveyor or other qualified person
designated by the Zoning Administrator. Elevation methods alternative to these fill standards are subject to a
Conditional Use Permit, as provided in Section 6.31 of this ordinance.
6.22 Nonresidential Principal Structures. Nonresidential principal structures must meet one of the following
construction methods:
A. Elevation on Fill. Structures may be elevated on fill, meeting the standards in Section 6.21.A of this ordinance.
Fill for nonresidential structures is not required to be extended 15 feet beyond the outside limits of the
structure.
B. Alternative Elevation Methods. Structures may have their lowest floor elevated above the Regulatory Flood
Protection Elevation (RFPE) using methods alternative to the fill standards in Section 6.21.A of this ordinance.
Such methods include the use of filled stem walls.
Designs must be certified by a registered professional engineer or architect, or meet or exceed the standards
detailed in FEMA Technical Bulletin 1, as amended, as well as the following standards:
(1) The lowest floor, as defined in Section 2.0 of this ordinance, shall be elevated at or above the Regulatory
Flood Protection Elevation (RFPE).
C. Dry Floodproofing. Structures having watertight enclosed basements or spaces below the Regulatory Flood
Protection Elevation (RFPE) must meet the following standards:
(1) Walls must be substantially impermeable to the passage of water, with structural components having the
capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, at least up to the
Regulatory Flood Protection Elevation (RFPE);
(2) Must meet the standards of FEMA Technical Bulletin 3, as amended; and
Page 150 of 228
(3) A registered professional engineer or architect shall be required to certify that the design and methods of
construction meet the standards detailed in this Section.
6.23 Accessory Structures. All accessory structures must meet the following standards:
A. Structures shall not be designed or used for human habitation.
B. Structures will have a low flood damage potential.
C. Structures shall constitute a minimal investment not to exceed 576 square feet in size, one‐story in height,
and shall only be used for parking and storage, except as provided under Section 6.23.E.
D. Structures with two or more rigid walls, must meet one of the following construction methods:
(1) Wet Floodproofing. Structures may be floodproofed in a way to accommodate internal flooding. To allow
for the equalization of hydrostatic pressure, there shall be a minimum of two openings on at least two
sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The
openings shall have a minimum net area of not less than one square inch for every square foot of
enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human
intervention. Portions of structures below the RFPE must be constructed of flood damage‐resistant
materials. Utilities must be elevated above the RFPE and any utility lines below the RFPE shall be
constructed so as to prevent floodwaters from entering or accumulating within them. Wet floodproofed
structures must be anchored to resist flotation, collapse, and lateral movement.
(2) Elevation on Fill. Structures may be elevated on fill, meeting the standards in Section 6.21.A of this
ordinance. Fill is not required to be extended 15 feet beyond the outside limits of the structure.
(3) Alternative Elevation Methods. Structures may have their lowest floor elevated above the Regulatory
Flood Protection Elevation (RFPE) through methods alternative to the fill standards in Section 6.23.D(2),
and must meet the standards in Section 6.22.B of this ordinance.
(4) Dry Floodproofing. Structures may be dry‐floodproofed, or watertight, meeting the standards in Section
6.22.C of this ordinance.
E. Structures with fewer than two rigid walls, such as carports, gazebos, and picnic pavilions, meeting the
standards in Section 4.21 of this ordinance may be located at an elevation below the Regulatory Flood
Protection Elevation, exceed 576 square feet in size, and may include uses as provided under Section 6.1.
6.24 Any facilities used by employees or the general public must be designed with a flood warning system acceptable
to the City of Edina that provides adequate time for evacuation, or be designed to ensure that within the area
inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less
than four.
6.25 Manufactured homes and recreational vehicles must meet the standards of Section 11 of this ordinance.
6.3 Conditional Uses in Flood Fringe. The following uses and activities may be permitted as conditional uses, subject to the
standards in Sections 6.4:
6.31 Alternative Elevation Methods – Residential Structures. Residential structures with their lowest floor elevated
above the Regulatory Flood Protection Elevation (RFPE) using methods alternative to the fill requirements in
Section 6.21.
6.4 Standards for Conditional Uses in Flood Fringe. In addition to the applicable standards detailed in Sections 4.0, 6.2 and
12.2:
6.41 All residential structures with lowest floors elevated through alternative elevation methods must meet the
standards for nonresidential structures in Section 6.22.A or B of this ordinance.
SECTION 7.0 GENERAL FLOODPLAIN DISTRICT
7.1 Permitted Uses in General Floodplain District
7.11 Until the floodway is delineated, allowable uses will be restricted to those listed in the Floodway District, Section
5.0
Commented [RH4]: FEMA has recently accepted 600 Sq.
Ft. as a threshold for “minimal investment”. Feel free to
update this section to allow up to 600 Sq. Ft.
Commented [RH5]: If modifying the Sq. Ft. in Section
6.23(C), please update this reference to match.
Page 151 of 228
7.12 All other uses are subject to a floodway/flood fringe determination as provided in Section 7.4, in addition to the
standards provided in Sections 7.2 and 7.3. Permitted uses shall be determined as follows:
A. If the development is determined to be in the Floodway District, Section 5.0 applies.
B. If the development is determined to be in the Flood Fringe District, Section 6.0 applies.
7.2 Determining Flood Elevations
7.21 All development requires a determination of the Base Flood Elevation (BFE). Exceptions to this requirement
include projects that restore the site to the previous cross‐sectional area, such as shore stabilization or culvert
replacement projects. Base Flood Elevations (BFE) may be found using best available data from any Federal,
State, or other source (including MNDNR’s Lake & Flood Elevations Online (LFEO) Viewer).
7.22 The Regulatory Flood Protection Elevation (RFPE) can be determined by assuming a one‐half (0.5) foot stage
increase to accommodate for future cumulative impacts. A stage increase does not need to be assumed along
lakes, wetlands, and other basins that are not affected by velocities.
7.3 Encroachment Analysis
7.31 Encroachments due to development may not allow stage increases more than one‐half (0.5) foot at any point,
unless through a map revision following the procedures in Sections 12.15 and 15.0. This evaluation must include
the cumulative effects of previous encroachments, and must be documented with hydrologic and hydraulic
analysis performed by a professional engineer, or using other standard engineering practices. A lesser water
surface elevation increase than one‐half (0.5) foot is required if, due to the water surface level increase,
increased flood damages would potentially result.
7.4 Standards for the Analysis of Floodway Boundaries
7.41 Requirements for Detailed Studies. Any development, as requested by the Zoning Administrator, shall be
subject to a detailed study to determine the Regulatory Flood Protection Elevation (RFPE) and the limits of the
Floodway District. This determination must be consistent with the minimum standards for hydrologic and
hydraulic mapping standards and techniques, as detailed in Minnesota Rules, part 6120.5600, Subp. 4 and FEMA
Guidelines and Standards for Flood Risk Analysis and Mapping, as revised. Additionally:
A. A regulatory floodway necessary to carry the discharge of the one‐percent annual chance flood must be
selected without increasing the water surface elevation more than one‐half (0.5) foot at any point. This
determination should include the cumulative effects of previous encroachments. A lesser water surface
elevation increase than one‐half (0.5) foot is required if, due to the water surface level increase, increased
flood damages would potentially result; and
B. An equal degree of encroachment on both sides of the stream within the reach must be assumed in
computing floodway boundaries, unless topography, existing development patterns, and comprehensive land
use plans justify a modified approach, as approved by the Department of Natural Resources.
7.42 Other Acceptable Methods. For areas where a detailed study is not available or required:
A. Development prohibited in floodways (e.g. most buildings) requires a floodway/flood fringe determination to
verify the development is within the flood fringe. This determination must be done by a professional
engineer or utilize other accepted engineering practices. The Department of Natural Resources may also
provide technical assistance and must approve any alternative methods used to determine floodway
boundaries.
B. For areas where the floodway has not been determined in and along lakes, wetlands, and other basins: all
areas that are at or below the ordinary high water level, as defined in Minnesota Statutes, section 103G.005,
Subd. 14, will be considered floodway, and all areas below the Base Flood Elevation (BFE) but above the
ordinary high water level will be considered flood fringe.
SECTION 8.0 LOCAL FLOOD AREA DISTRICT
8.1 Permitted Uses in the Local Flood Area District. Any uses or activities allowed in any applicable underlying zoning
districts may be allowed with a permit, subject to the standards set forth in Sections 8.3.
8.2 Determining Flood Elevations.
Page 152 of 228
8.21 Base Flood Elevations (BFE) and critical storm event elevations may be found using best available data provided
in the City of Edina Interactive Water Resources Map or by contacting the Engineering Director.
8.22 For areas subject to regional tailwater effects, the standards in section 6.2 and 8.33 shall apply.
8.3 Standards for Permitted Uses in Local Flood Area District. In addition to the applicable standards detailed in Section
4.0:
8.31 Lowest Floor for Ponding Basins. All new principal structures, additions, and other permanent fixtures including
heating and air conditioning must be elevated so that the lowest floor elevation is a minimum of two feet above
the ponding basin outlet elevation.
8.32 Lowest Floor for Landlocked Basins. All new principal structures, additions, and other permanent fixtures
including heating and air conditioning must be elevated so that the lowest floor elevation is at or above the
Regulatory Flood Protection Elevation.
8.33 Lowest Opening. All new principal structures, additions, or other permanent fixtures including heating and air
conditioning must be elevated so that the lowest opening elevation is at or above the Regulatory Flood
Protection Elevation (RFPE).
8.34 Accessory Structures. Accessory structures shall meet the requirements of Section 6.23.
8.35 Fill. Earth moving and the addition of fill at or below the base flood elevation, or critical storm event elevation
within subwatersheds of landlocked basins, may be allowed given all the following conditions are met:
A. Addition of fill is necessary to reduce flood exposure to a primary structure.
B. Addition of fill results in no adverse impact to neighboring properties or public trust. This shall be
demonstrated through hydrologic and hydraulic analysis performed by a professional engineer.
C. Addition of fill shall be minimized to the greatest extent practicable.
8.4 Site‐specific Standards for Principal Structure Elevations in the Local Flood Area District.
8.41 The basis for the site‐specific standard is to allow an alternative path for risk reduction that does not require two
feet of freeboard (but not less than zero feet of freeboard) as required in Section 8.3 and/or below grade parking
garages design standards as required in Section 8.5. This may include strategies that reduce flood vulnerability
instead of or in addition to reducing flood exposure. The outcome should still be overall reduction in flood risk.
Elevation standards for the lowest floor elevation or lowest opening elevation reduce flood exposure by
providing two feet of freeboard between the structure and the floodplain. Site‐specific standards for lowest
floor elevation or lowest opening elevation less than the two feet of freeboard required by Section 8.3 and/or
lesser below‐grade parking garages design standards as required by Section 8.5 may be allowed given all the
following conditions are met:
A. The structure is not within the Special Flood Hazard Area.
B. The structure, if subject to 8.22 meets the standards of section 6.2
C. The new structure, addition, or modification results in a net reduction in vulnerability from existing
conditions. For example, additional construction methods and precautions are proposed that reduce the
potential for flood damage to the structure. Vulnerability reducing measures could include wet or dry
floodproofing, sanitary backflow prevention for low floor fixtures and drains, flood flow area diversion, dual
sump pump systems with battery backup, and other means specific to the probable flood exposure.
D. The applicant demonstrates that meeting the lowest floor elevation or lowest opening elevation
requirements as described in Section 8.3 presents a burden.
E. The new structure, addition, or modification does not adversely impact the flood exposure or vulnerability of
others.
F. The new structure, addition, modification design, and/or flood vulnerability reducing measures are approved
by the City Engineer.
8.5 Below‐Grade Garages and Parking.
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8.51 Construction of below‐grade parking garages is allowed outside of R‐1 and R‐2 zoning districts, provided the
structure (including the parking garage) is floodproofed to the Regulatory Flood Protection Elevation (RFPE) in
accordance with the following design standards:
A. Together with associated utility and sanitary facilities, the structure must be designed so that below the
Regulatory Flood Protection Elevation (RFPE) the structure is watertight with walls substantially impermeable to
the passage of water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
B. A Floodproofing Certificate and Inspection and Maintenance Plan must be provided by a registered
professional engineer or architect.
C. A floodproofing design that entails human intervention, such as the installation of flood gates or flood shields,
will require a Flood Emergency Operation Plan.
SECTION 9.0 SUBDIVISION STANDARDS
9.1 Subdivisions. All subdivided land must meet the following requirements. Manufactured home parks and recreational
vehicle parks or campgrounds are considered subdivisions under this ordinance.
9.11 All lots within floodplain districts must be suitable for a building site outside of the Floodway District.
9.12 Subdivision of lands within the floodplain districts may not be approved if the cost of providing governmental
services would impose an unreasonable economic burden on the City of Edina.
9.13 All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower
than two feet below the Regulatory Flood Protection Elevation (RFPE), unless a flood warning/emergency
evacuation plan has been approved by the City of Edina.
9.14 The Floodway and Flood Fringe District boundaries, the Regulatory Flood Protection Elevation (RFPE) and the
required elevation of all access roads must be clearly identified on all required subdivision drawings and platting
documents.
SECTION 10.0 PUBLIC AND PRIVATE UTILITIES, SERVICE FACILITES, ROADS, BRIDGES, AND RAILROADS
10.1 Public Transportation Facilities. Railroad tracks, roads, and bridges must be elevated to the Regulatory Flood Protection
Elevation (RFPE) where such facilities are essential to the orderly functioning of the area, or where failure or
interruption would result in danger to public health or safety. Minor or auxiliary roads or railroads may be constructed
at a lower elevation where failure or interruption of transportation services would not endanger the public health or
safety. All public transportation facilities should be designed to minimize increases in flood elevations.
10.2 Public Utilities. All utilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must
be elevated and/or floodproofed to the Regulatory Flood Protection Elevation (RFPE), be located and constructed to
minimize or eliminate flood damage, and be designed to eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters. All public utilities should be designed to minimize increases in flood
elevations. New solid waste management facilities, as defined in Minnesota Rules, part 7035.0300, are prohibited in the
one‐percent annual chance floodplain. Water supply systems are subject to the provisions in Minnesota Rules, part
4725.4350.
10.3 Private On‐site Water Supply, Individual Sewage Treatment Systems, and other Service Facilities. Private facilities
shall be subject to applicable provisions detailed in Section 10.2. New or replacement on‐site sewage treatment systems
are prohibited.
SECTION 11.0 MANUFACTURED HOMES AND RECREATIONAL VEHICLES
11.1 Manufactured Homes. Manufactured homes and manufactured home parks are subject to applicable standards for
each floodplain district. In addition:
11.11 New and replacement manufactured homes must be placed and elevated in compliance with Section 6.0 of this
ordinance and must be securely anchored to a system that resists flotation, collapse and lateral movement.
Methods of anchoring may include, but are not limited to, use of over‐the‐top or frame ties to ground anchors.
11.12 New manufactured home parks and expansions to existing manufactured home parks must meet the
appropriate standards for subdivisions in Section 9.0 of this ordinance.
Page 154 of 228
11.2 Recreational Vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle
parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing recreational
vehicle parks, campgrounds or lots of record in the floodplain must either:
11.21 Meet the requirements for manufactured homes in Section 11.1, or
11.22 Be travel ready, meeting the following criteria:
A. The vehicle must be fully licensed.
B. The vehicle must be ready for highway use, meaning on wheels or the internal jacking system, attached to
the site only by quick disconnect type utilities.
C. No permanent structural type additions may be attached to the vehicle.
D. Accessory structures may be permitted in the Flood Fringe District, provided they do not hinder the removal
of the vehicle should flooding occur, and meet the standards outlined in Sections 4.0 and 6.23.
SECTION 12.0 ADMINISTRATION
12.1 Duties. A Zoning Administrator or other official must administer and enforce this ordinance.
12.11 Permit Application Requirements. Permit applications must be submitted to the Zoning Administrator. The
permit application must include the following, as applicable:
A. A site plan as required in Sec. 36‐129.
B. Copies of any required local, state or federal permits or approvals.
C. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the
permit application.
12.12 Recordkeeping. The Zoning Administrator must maintain applicable records in perpetuity documenting:
A. All certifications for dry floodproofing and alternative elevation methods, where applicable.
B. Analysis of no‐rise in the Floodway District, as detailed in Section 5.21, and encroachment analysis ensuring
no more than one‐half foot of rise in the General Floodplain District, as detailed in Section 7.22 and 7.31.
C. Final elevations, as applicable, detailing the elevation to which structures and improvements to structures
are constructed or floodproofed. Elevations shall be determined by an engineer, architect, surveyor or other
qualified individual, as approved by the Zoning Administrator.
D. Substantial damage and substantial improvement determinations, as detailed in Section 13.13, including the
cost of improvements, repairs, and market value.
E. All variance actions, including justification for their issuance, and must report such variances as requested by
the Federal Emergency Management Agency.
12.13 Certificate of Occupancy for a New, Altered, or Nonconforming Use. No building, land or structure may be
occupied or used in any manner until a certificate of occupancy has been issued by the Building Official stating
that the finished fill and building floor elevations or other flood protection measures are in compliance with the
requirements of this ordinance.
12.14 Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream,
the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in
public waters in accordance with Minnesota Statutes, section 103G.245, this will suffice as adequate notice. A
copy of the notification must also be submitted to FEMA.
12.15 Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. Where physical
changes affecting flooding conditions may increase or decrease the water surface elevation of the base flood,
the City of Edina must notify FEMA of the changes in order to obtain a Letter of Map Revision (LOMR), by
submitting a copy of the relevant technical or scientific data as soon as practicable, but no later than six months
after the date such supporting information becomes available.
12.2 Conditional Uses and Variances
12.21 Process.
Page 155 of 228
A. An application for a conditional use permit will be processed and reviewed in accordance with the provisions
of this ordinance.
B. An application for a variance to the provisions of this ordinance will be processed and reviewed in
accordance with Minnesota Statutes, section 462.357, Subd. 6(2) and this ordinance.
12.22 Adherence to State Floodplain Management Standards. Variances must be consistent with the general purpose
of these standards and the intent of applicable provisions in state and federal law. Though variances may be
used to modify permissible methods of flood protection, no variance shall permit a lesser degree of flood
protection than the Regulatory Flood Protection Elevation (RFPE).
A. The Local Flood Area District shall be exempt from 12.22 and 12.23 and 12.24.
12.23 Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management
Agency must be satisfied:
A. Variances must not be issued within any designated regulatory floodway if any increase in flood levels during
the base flood discharge would result.
B. Variances from the provisions of this ordinance may only be issued by a community upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant;
and
(3) A determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or ordinances.
C. Variances from the provisions in this ordinance may only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
D. Variances must be consistent with the general purpose of these standards and the intent of applicable
provisions in state and federal law.
12.24 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance in writing that:
A. The issuance of a variance to construct a structure below the base flood level will result in increased
premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
B. Such construction below the base flood level increases risks to life and property. Such notification must be
maintained with a record of all variance actions.
12.25 Considerations for Approval. The City of Edina must consider all relevant factors specified in other sections of
this ordinance in granting variances and conditional use permits, including the following:
A. The potential danger to life and property due to increased flood heights or velocities caused by
encroachments.
B. The danger that materials may be swept onto other lands or downstream to the injury of others.
C. The safety of access to the property in times of flood for ordinary and emergency vehicles.
D. The duration of flood exposure.
12.26 Conditions of Approval. The City of Edina may attach such conditions to the granting of variances and conditional
use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are
not limited to, the following:
A. Limitations on period of use, occupancy, and operation.
B. Imposition of operational controls, sureties, and deed restrictions.
C. The prevention of soil erosion or other possible pollution of public waters, both during and after
construction.
D. Other conditions as deemed appropriate by the Zoning Administrator and Planning Commission.
Page 156 of 228
12.3 Notifications to the Department of Natural Resources
12.31 All notices of public hearings to consider variances or conditional uses under this ordinance must be sent via
electronic mail to the Department of Natural Resources respective area hydrologist at least ten (10) days before
the hearings. Notices of hearings to consider subdivisions/plats must include copies of the subdivision/plat.
12.32 A copy of all decisions granting variances and conditional uses under this ordinance must be sent via electronic
mail to the Department of Natural Resources respective area hydrologist within ten (10) days of final action.
12.33 The Local Flood Area District shall be exempt from 12.3.
SECTION 13.0 NONCONFORMITIES
13.1 Continuance of Nonconformities. A use, structure, or occupancy of land which was lawful before the passage or
amendment of this ordinance, but which is not in conformity with the provisions of this ordinance, may be continued
subject to the following conditions:
13.11 Within the floodway and general floodplain districts (when a site has been determined to be located in the
floodway following the procedures in Section 7.4, or when the floodway has not been delineated), expansion or
enlargement of uses or structures is prohibited.
13.12 Within all districts, any addition, modification, rehabilitation, repair, or alteration shall be in conformance with
the provisions of this ordinance, shall not increase the flood damage potential or increase the degree of
obstruction to flood flows, and where applicable, must be protected to the Regulatory Flood Protection
Elevation (RFPE).
13.13 If any nonconforming structure is determined to be substantially damaged or substantially improved based on
the procedures in Section 13.2, it may not be reconstructed except in conformity with the provisions of this
ordinance. Existing structures within the Local Flood Area District, but outside of the Floodway District, Flood
Fringe District, or General Floodplain District are exempt from this provision.
13.14 If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any
future use of the premises must conform to this ordinance.
13.15 If any nonconforming structure has utilities, electrical, or mechanical equipment damaged due to flooding, it
must be rebuilt in conformance with the elevation requirements in Section 4.31.D to the greatest extent
practicable. This requirement shall apply regardless of the determinations made in Section 13.2.
13.2 Substantial Improvement and Substantial Damage Determinations. Prior to issuing any permits for additions,
modifications, rehabilitations, repairs, alterations, or maintenance to nonconforming structures, the Zoning
Administrator is required to determine if such work constitutes substantial improvement or repair of a substantially
damaged structure. A determination must be made in accordance with the following procedures:
13.21 Estimate the market value of the structure. In cases where the property has sustained damage, the market value
of the structure shall be the market value before the damage occurred and before any restoration or repairs are
made.
13.22 Estimate the cost of the project. The property owner shall accommodate for inspection, and furnish other
documentation needed by the zoning administrator to evaluate costs.
A. Improvement costs shall be comprised of the market rate of all materials and labor, as well as the costs of all
ordinary maintenance and upkeep carried out over the past one year.
B. Costs to repair damages shall be comprised of the market rate of all materials and labor required to restore a
building to its pre‐damaged condition regardless of the work proposed, as well as associated improvement
costs if structure is being restored beyond its pre‐damaged condition.
13.23 Compare the cost of the improvement, repairs, or combination thereof to the estimated market value of the
structure, and determine whether the proposed work constitutes substantial improvement or repair of a
substantially damaged structure, as defined in Section 2.0 of this ordinance.
13.24 Based on this determination, the zoning administrator or other official shall prepare a determination letter and
notify the property owner accordingly. Structures determined to be substantially damaged or substantially
improved may not be reconstructed except in conformity with the provisions of this ordinance.
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SECTION 14.0 VIOLATIONS AND PENALTIES
14.1 Uses in Violation of the Ordinance. Every structure, fill, deposit, or other use placed or maintained in the floodplain in
violation of this ordinance shall be considered a public nuisance.
14.2 Civil Remedies. The creation of a public nuisance may be enjoined and the maintenance of a public nuisance under this
ordinance may be abated by an action brought by the City of Edina or the Department of Natural Resources.
14.3 Enforcement. Violations of the provisions of this ordinance constitutes a misdemeanor and is punishable as defined by
law. The Zoning Administrator may utilize the full array of enforcement actions available to it including but not limited to
prosecution and fines, injunctions, after‐the‐fact permits, orders for corrective measures or a request to the National
Flood Insurance Program for denial of flood insurance. The City of Edina must act in good faith to enforce these official
controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National
Flood Insurance Program.
SECTION 15.0 AMENDMENTS
15.1 Ordinance Amendments. Any revisions to the floodplain maps by the Federal Emergency Management Agency or
annexations of new map panels require an ordinance amendment to update the map references in Section 3.2 of this
ordinance.
15.2 Required Approval. All amendments to this ordinance must be submitted to the Department of Natural Resources for
review and approval prior to adoption, for compliance with state and federal rules and requirements. The floodplain
ordinance shall not be considered valid until approved.
EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication.
Adopted by the Edina City Council
This _____ of _______, _____
(Day) (Month) (Year)
Attest: _________________________ , Mayor
(Name of Elected Official)
Attest: __________________________, City Clerk
Page 158 of 228
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
4801 West 50th Street
Edina, MN 55424
The Honorable James Hovland
Mayor, City of Edina
Dear Mayor Hovland:
Washington, D.C. 20472
Federal Emergency Management Agency
IN REPLY REFER TO:
Case No.: 25-05-1025P
Community Name: City of Edina, MN
Community No.: 270160
Effective Date of
This Revision: December 26, 2025
The Flood Insurance Rate Map (FIRM) for your community has been revised by this Letter of Map Revision
(LOMR). Please use the enclosed annotated map panel revised by this LOMR for floodplain management purposes
and for all flood insurance policies and renewals issued in your community.
Additional documents are enclosed that provide information regarding this LOMR. Please see the List of Enclosures
below to determine which documents are included. Other enclosures specific to this request may be included as
referenced in the Determination Document. If you have any questions regarding floodplain management regulations
for your community or the National Flood Insurance Program (NFIP) in general, please contact the Consultation
Coordination Officer for your community. If you have any technical questions regarding this LOMR, please contact
the Director, Mitigation Division of the Department of Homeland Security’s Federal Emergency Management
Agency (FEMA) in Chicago, Illinois, at (312) 408-5500, or the FEMA Mapping and Insurance eXchange toll free at
1-877-336-2627 (1-877-FEMA MAP). Additional information about the NFIP is available on our website at
https://www.fema.gov/flood-insurance.
Sincerely,
David N. Bascom, Acting Director
Engineering and Modeling Division
Risk Analysis, Planning and Information Directorate
List of Enclosures:
Letter of Map Revision Determination Document
Annotated Flood Insurance Rate Map
cc: Jessica Vanderwerff Wilson, CFM
Water Resources Manager, City of Edina
Michael Bush
Adam N. Nies, P.E.
Houston Engineering, Inc.
Veronica Sannes
Permitting Technician
Minnehaha Creek Watershed District
Ceil Strauss, CFM
Minnesota NFIP Coordinator
Minnesota Department of Natural Resources –
Ecological & Water Resources
August 12, 2025
Page 159 of 228
Case No.: Page 1 of 4 Effective Date: December 26, 2025 Issue Date: August 12, 2025 LOMR-APP
25-05-1025P
Washington, D.C. 20472
Federal Emergency Management Agency
LETTER OF MAP REVISION
DETERMINATION DOCUMENT
COMMUNITY AND REVISION INFORMATION PROJECT DESCRIPTION
COMMUNITY
APPROXIMATE LATITUDE AND LONGITUDE: 44.899, -93.334
SOURCE: Other DATUM: NAD 83
City of Edina
Hennepin County
Minnesota
COMMUNITY NO.: 270160
BASIS OF REQUEST
IDENTIFIER
NO PROJECT FLOODWAY
UPDATED TOPOGRAPHIC DATA
1D HYDRAULIC ANALYSIS
4208 Philbrook Ln. LOMR
ANNOTATED MAPPING ENCLOSURES ANNOTATED STUDY ENCLOSURES
DATE: November 4, 2016 NO.: 27053C0364F TYPE: FIRM* NO REVISION TO THE FLOOD INSURANCE STUDY REPORT
Enclosures reflect changes to flooding sources affected by this revision.
* FIRM - Flood Insurance Rate Map
FLOODING SOURCE AND REVISED REACH
Minnehaha Creek - an area centered approximately 240 feet northeast of the intersection of Philbrook Lane and West 58th Street
SUMMARY OF REVISIONS
Revised Flooding Effective Flooding Flooding Source Increases Decreases
Minnehaha Creek Floodway NONE YES Floodway
DETERMINATION
This document provides the determination from the Department of Homeland Security's Federal Emergency Management Agency (FEMA )
regarding a request for a Letter of Map Revision (LOMR) for the area described above. Using the information submitted, we ha ve determined that
a revision to the flood hazards depicted in the Flood Insurance Study (FIS) report and/or National Flood Insurance Program (N FIP) map is
warranted. This document revises the effective NFIP map, as indicated in the attached documentation. P lease use the enclosed annotated map
panel revised by this LOMR for floodplain management purposes and for all flood insurance policies and renewals in your commu nity.
This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions
about this document, please contact the FEMA Mapping and Insurance eXchange toll free at 1-877-336-2627 (1-877-FEMA MAP) or by letter addressed to the LOMC
Clearinghouse, 3601 Eisenhower Avenue, Suite 500, Alexandria, VA 22304-6426. Additional Information about the NFIP is available on our website at
https://www.fema.gov/flood-insurance.
David N. Bascom, Acting Director
Engineering and Modeling Division
Risk Analysis, Planning and Information Directorate 102-D-A 25-05-1025P
Page 160 of 228
Case No.: Page 2 of 4 Effective Date: December 26, 2025 Issue Date: August 12, 2025 LOMR-APP 25-05-1025P
Washington, D.C. 20472
Federal Emergency Management Agency
LETTER OF MAP REVISION
DETERMINATION DOCUMENT (CONTINUED)
COMMUNITY INFORMATION
APPLICABLE NFIP REGULATIONS/COMMUNITY OBLIGATION
We have made this determination pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) and in accordance
with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, P.L. 90-448),
42 U.S.C. 4001-4128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood Insurance Act of 1968, as amended,
communities participating in the NFIP are required to adopt and enforce floodplain management regulations that meet or ex ceed NFIP
criteria. These criteria, including adoption of the FIS report and FIRM, and the modifications made by this LOMR, are the mi nimum
requirements for continued NFIP participation and do not supersede more stringent State/Commonwealth or local requirements to which
the regulations apply.
We provide the floodway designation to your community as a tool to regulate floodplain development. Therefore, the floodway revision
we have described in this letter, while acceptable to us, must also be acceptable to your community and adopted by appropriat e
community action, as specified in Paragraph 60.3(d) of the NFIP regulations.
COMMUNITY REMINDERS
We based this determination on the 1-percent-annual-chance (base) flood discharges computed in the FIS for your community
without considering subsequent changes in watershed characteristics that could increase flood discharges. Future development of
projects upstream could cause increased flood discharges, which could cause increased flood hazards. A comprehensive restudy of
your community’s flood hazards would consider the cumulative effects of development on flood discharges subsequent to the
publication of the FIS report for your community and could, therefore, establish greater flood hazards in this area.
Your community must regulate all proposed floodplain development and ensure that permits required by Federal and/or
State/Commonwealth law have been obtained. State/Commonwealth or community officials, based on knowledge of local conditions and
in the interest of safety, may set higher standards for construction or may limit development in floodplain areas. If your
State/Commonwealth or community has adopted more restrictive or comprehensive floodplain management criteria, those criteria take
precedence over the minimum NFIP requirements.
We will not print and distribute this LOMR to primary users, such as local insurance agents or mortgage lenders; instead, the community
will serve as a repository for the new data. We encourage you to disseminate the information in this LOMR by preparing a new s release
for publication in your community's newspaper that describes the revision and explains how your community will provide the da ta and
help interpret the NFIP maps. In that way, interested persons, such as property owners, insurance agents, an d mortgage lenders, can
benefit from the information.
This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions
about this document, please contact the FEMA Mapping and Insurance eXchange toll free at 1-877-336-2627 (1-877-FEMA MAP) or by letter addressed to the LOMC
Clearinghouse, 3601 Eisenhower Avenue, Suite 500, Alexandria, VA 22304-6426. Additional Information about the NFIP is available on our website at
https://www.fema.gov/flood-insurance.
David N. Bascom, Acting Director
Engineering and Modeling Division
Risk Analysis, Planning and Information Directorate 102-D-A 25-05-1025P
Page 161 of 228
Case No.: Page 3 of 4 Effective Date: December 26, 2025 Issue Date: August 12, 2025 LOMR-APP 25-05-1025P
Washington, D.C. 20472
Federal Emergency Management Agency
LETTER OF MAP REVISION
DETERMINATION DOCUMENT (CONTINUED)
We have designated a Consultation Coordination Officer (CCO) to assist your community. The CCO will be the primary liaison b etween
your community and FEMA. For information regarding your CCO, please contact:
Julia McCarthy
Acting Director, Mitigation Division
Federal Emergency Management Agency, Region V
536 South Clark Street, Sixth Floor
Chicago, IL 60605
(312) 408-5500
STATUS OF THE COMMUNITY NFIP MAPS
We will not physically revise and republish the FIRM for your community to reflect the modifications made by this LOMR at thi s time.
When changes to the previously cited FIRM panel warrant physical revision and republication in the future, we will incorporat e the
modifications made by this LOMR at that time.
This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions
about this document, please contact the FEMA Mapping and Insurance eXchange toll free at 1-877-336-2627 (1-877-FEMA MAP) or by letter addressed to the LOMC
Clearinghouse, 3601 Eisenhower Avenue, Suite 500, Alexandria, VA 22304-6426. Additional Information about the NFIP is available on our website at
https://www.fema.gov/flood-insurance.
David N. Bascom, Acting Director
Engineering and Modeling Division
Risk Analysis, Planning and Information Directorate 102-D-A 25-05-1025P
Page 162 of 228
Case No.: Page 4 of 4 Effective Date: December 26, 2025 Issue Date: August 12, 2025 LOMR-APP 25-05-1025P
Washington, D.C. 20472
Federal Emergency Management Agency
LETTER OF MAP REVISION
DETERMINATION DOCUMENT (CONTINUED)
PUBLIC NOTIFICATION OF REVISION
A notice of changes will be published in the Federal Register. This information also will be published in your local newspaper on or
about the dates listed below, and through FEMA’s Flood Hazard Mapping website at
https://www.floodmaps.fema.gov/fhm/bfe_status/bfe_main.asp
LOCAL NEWSPAPER
Name: Sun Current
Dates: August 21, 2025 and August 28, 2025
Within 90 days of the second publication in the local newspaper, any interested party may request that we reconsider this det ermination.
Any request for reconsideration must be based on scientific or technical data. Therefore, this letter will be effective only after the 90-day
appeal period has elapsed and we have resolved any appeals that we receive during this appeal period. Until this LOMR is effective, the
revised flood hazard determination presented in this LOMR may be changed.
This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions
about this document, please contact the FEMA Mapping and Insurance eXchange toll free at 1-877-336-2627 (1-877-FEMA MAP) or by letter addressed to the LOMC
Clearinghouse, 3601 Eisenhower Avenue, Suite 500, Alexandria, VA 22304-6426. Additional Information about the NFIP is available on our website at
https://www.fema.gov/flood-insurance.
David N. Bascom, Acting Director
Engineering and Modeling Division
Risk Analysis, Planning and Information Directorate 102-D-A 25-05-1025P
Page 163 of 228
..))))
City of Edina
270160
NOTE: MAP AREA SHOWN ON THIS PANEL
IS LOCATED WITHIN TOWNSHIP 28 NORTH,
RANGE 24 WEST.
Bridge
0.2% ANNUAL CHANCE
FLOOD DISCHARGE
CONTAINED IN CULVERT
REVISED
AREA
861
861
861
861 860
859
859858
Bridge
861861
ZONE AE
ZONE AE
ZONE AE
ZONE AE862
19
20
W 55TH STW 55TH ST
W 56TH ST
W 56TH ST
W O ODLAND C
T
WOODLAND CTW 57TH STFRANCE AVE SPARK PLD
E
VER DRBROOKVIEW AVEOAKLAWN AVEKELLOGG AVEWOODDALE AVEKELLOGG
PL
WOODC
R
E
S
T DRHALIFAX LNCHOWEN AVE SDREW AVE SEWING AVE SFRANCE AVE SW 58TH ST
G R I M ES LNWOODEND D R
W O O D LAND R D W
W O O D LAND RD WPHILBROOK LN
W 58TH ST
W 59TH STKELLOGG AVEWOODDALE AVEOAKLAWN AVEBROOKVIEW AVEW 60TH ST HALIFAX AVE SGRIMES AVE SW 60TH ST
W 60TH ST DREW AVE SCHOWEN AVE SFRANCE AVE SMinnehaha
Creek
Minnehaha
Creek
PROFILE
BASELINE
ADMINISTRATIVE
FLOODWAY*
ADMINISTRATIVE
FLOODWAY*
(SUBJECT TO LOCAL
REGULATIONS)
(SUBJECT TO LOCAL
REGULATIONS)
(SUBJECT TO LOCAL
REGULATIONS)
ADMINISTRATIVE
FLOODWAY*
ZONE
AE
ZONE
AE
ZONE
AE
ZONE
AE
ZONE AE
AO
AN
AM
AP
NATIONAL FLOOD INSURANCE PROGRAM
FLOOD INSURANCE RATE MAP
HENNEPIN COUNTY,
MINNESOTA
MAP NUMBER
MAP REVISED
NOVEMBER 4, 2016
VERSION NUMBER
2.1.3.0
27053C0364F
SCALE
0 500 1,000250Feet
Map Projection:
NAD 1983 UTM Zone 15N;
Western Hemisphere; Vertical Datum: NGVD 29
0 150 30075
Meters
OTHER AREAS OF
FLOOD HAZARD
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mile
Future Conditions 1% Annual
Chance Flood Hazard
Area with Reduced Flood Risk due to Levee
See Notes.
Zone X
Zone X
Zone X
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
With BFE or Depth
Regulatory Floodway
Zone A,V, A99
Zone AE, AO, AH, VE, AR
NOTE: BASEMAP IMAGERY DATED
2021 WAS OBTAINED FROM NAIP.
(ALL JURISDICTIONS)
PANEL 364 OF 500
Panel Contains:
COMMUNITY NUMBER PANEL SUFFIX
EDINA, CITY OF
MINNEAPOLIS, CITY OF
RICHFIELD, CITY OF
270160
270172
270180
0364
0364
0364
F
F
F
1 inch = 500 feet 1:6,000
REVISED TO
REFLECT LOMR
EFFECTIVE: December 26, 2025
Page 164 of 228
EdinaMN.gov
Ordinance No. 2025-09 Amending Chapter 36 of the
Edina City Code Concerning Zoning, Article X.
Floodplain Districts
September 10, 2025
Planning Commission
Page 165 of 228
Stormwater management and floodplain districts
•Separate but related ordinance revisions
•Both center on No Adverse Impact principles and a good neighbor
approach
•Floodplain district ordinance utilizes elevation to reduce exposure and is
focused on limiting flood losses and damages
•Stormwater management ordinance is about controlling runoff and
providing assurances for long-term functionality of control measures
Page 166 of 228
Staff recommendation
•Recommend approval of ordinance no. 2025-09 amending Chapter 36 of
the Edina City Code concerning Zoning, Article X. Floodplain Districts.
Page 167 of 228
Purpose of ordinance update
•Incorporate local floodplain development policy, an element of the Flood
Risk Reduction Strategy.
•Incorporate a more recent state model ordinance.
•Incorporate a Letter of Map Revision (LOMR) panel approved by FEMA.
Page 168 of 228
How did we get here
•1980 –City of Edina joined National Flood Insurance Program and
adopted minimum standards and initial FEMA maps. Zoning code was
updated in 2004 and 2016 following reissuance of FEMA maps.
•2017/2018 –City develops and publishes interactive map of flood
inundation areas.
•2018 –Water Resources Management Plan update, in the midst of the
wettest decade on record and following a peak period of residential
redevelopment. Council and residents wanted more transformative
progress on flooding and drainage issues which led to a promise to
develop the Flood Risk Reduction Strategy.
Page 169 of 228
•Regional v local visualization
Regional special flood hazard areas,
defined in FEMA maps Local flood areas,
defined in city model
Page 170 of 228
regional
local
Page 171 of 228
Page 172 of 228
Standardized precipitation data for system design
Published
in 1961
FEMA
map uses
Published
in 2013
Edina local
map uses
Upper bound
(pessimistic)
Lower bound
(optimistic)
Mean
2014 study by the MCWD and
others
(Stack et al., 2014): Long-term climate information
and forecasts supporting stakeholder-driven
adaptation decisions for urban water resources:
Response to climate change and population growth.Page 173 of 228
New Home Permit History Past 31 Years
Page 174 of 228
Flood Risk Reduction Strategy development
•2018 Water Resources Management Plan
included commitment to develop a Flood
Risk Reduction Strategy
•2019 convened Flood Risk Reduction
Strategy task force
•2020 Flood Risk Reduction Strategy
adopted by City Council
•2022 Water Resources Management Plan
amendment to incorporate Flood Risk
Reduction Strategy
Page 175 of 228
Flood Risk Reduction Strategy
Comprehensively reduce risk throughout the community.
Infrastructure: We renew our infrastructure and operate it to reduce risk. We will plan public streets and
parks to accept and convey flood waters to reduce the risk and disruption of related city services.
Regulation: We acknowledge competing demands of land use and addressing drainage, groundwater, and
surface water issues. We help people solve issues without harming another.
Outreach and Engagement: We
make flood information available and
give people tools for flood resilience.
Emergency Services: We help people
prepare for floods, remove people from
harm during floods, and recover after
floods.
Page 176 of 228
New Local Flood Area District
•References data in interactive water resources map
•Below-grade garages and parking outside of R-1 and R-2 zoning
districts
•With floodproofing and vulnerability reducing measures
•Local Flood Areas
•Minimum lowest opening elevation 2’above the local 1% annual chance flood
elevation
•Ponding Basins (i.e. lakes and ponds)
•Minimum lowest floor elevation 2'above the outlet elevation
•Landlocked basins
•Minimum lowest floor elevation 2' above the critical storm (local 1% annual chance
flood or local 10-day snowmelt, whichever is higher)
Page 177 of 228
Landlocked basins
•No outlets
•Water leaves through
evaporation, infiltration,
pumping
•Vulnerable to prolonged high
water, especially during wet
periods when groundwater
levels are high
Page 178 of 228
•Site Specific Standard for
local flood area
requirements
•Flood risk = vulnerability x
exposure
•Standard requirements
reduce exposure
•Alternative that reduces
vulnerability
•Conditions / Applicability
•Not in a regional special flood
hazard area
•No adverse impact
•Approved by City Engineer
Site Specific Standards
Page 179 of 228
Flood Fill Standard
•Fill may be allowed within the regional floodplain with a 'no-rise'
certification and supporting evidence from a licensed professional
engineer. Verification occurs at final inspection and with as-built
survey.
•Note Watershed Districts may prohibit net fill
•Fill is prohibited within the floodway
•Fill in the local floodplain may be allowed -licensed professional
engineer must demonstrate no increase in risk.
Page 180 of 228
Purpose of ordinance update
•Incorporate local floodplain development policy, an element of the Flood
Risk Reduction Strategy.
•Incorporate a more recent state model ordinance.
•Incorporate a Letter of Map Revision (LOMR) panel approved by FEMA.
Page 181 of 228
Page 182 of 228
Conclusion and recommendation
The Flood Risk Reduction Strategy aims to increase community capacity to
withstand and recover from flood hazards. Regulating floodplain
development is a key area of work for making progress toward the goal of
comprehensively reducing flood risk across the community.
Staff recommendation: Recommend approval of ordinance no. 2025 -09
amending Chapter 36 of the Edina City Code concerning Zoning, Article X.
Floodplain Districts.
Page 183 of 228
EdinaMN.gov
Ordinance No. 2025-10 Amending Chapter 10 and
Chapter 36 of the Edina City Code Concerning
Stormwater Management
September 10, 2025
Planning Commission
Page 184 of 228
Staff recommendation
•Recommend approval of ordinance no. 2025-10 amending Chapter 10 and
Chapter 36 of the Edina City Code concerning Stormwater Management.
Page 185 of 228
Purpose of ordinance update
•Update and move stormwater management requirements from Chapter
10 to Chapter 36.
•Clarify code requirements regarding stormwater management plans,
where they apply to more than just new single and double dwelling units,
capturing ADUs and other improvements (e.g. additions).
•Clarifies and codifies staff application of requirements since 2016,
following a series of meetings with Council and Planning Commission.
•The update is consistent with policy in the Water Resources Management
Plan to regulate development and redevelopment to ensure actions
proposed at the time of development consider flood risk and do not
adversely impact others.
Page 186 of 228
•Requirements are based
on existing drainage
issues and scope of
work.
Stormwater management
Page 187 of 228
Stormwater management and floodplain districts
•Separate but related ordinance revisions
•Both center on No Adverse Impact principles and a good neighbor
approach
•Floodplain district ordinance utilizes elevation to reduce exposure and is
focused on limiting flood losses and damages
•Stormwater management ordinance is about controlling runoff and
providing assurances for long-term functionality of control measures
Page 188 of 228
Conclusion and recommendation
Development projects have implications for stormwater runoff. The
proposed change codifies the status quo of reviewing and mitigating
potential adverse impacts to neighboring properties consistent with the
original spirit of the stormwater management plan requirement.
Staff recommendation: Recommend approval of ordinance no. 2025 -10
amending Chapter 10 and Chapter 36 of the Edina City Code concerning
Stormwater Management.
Page 189 of 228
Proposed schedule
•September 10th Planning Commission public hearing
•September 16th City Council public hearing
•September 28th public input closes
•October 7th final decision meeting
Page 190 of 228
Staff Recommendation
•Recommend approval of ordinance no. 2025-09 amending Chapter 36 of
the Edina City Code concerning Zoning, Article X. Floodplain Districts.
•Recommend approval of ordinance no. 2025-10 amending Chapter 10 and
Chapter 36 of the Edina City Code concerning Stormwater Management.
Page 191 of 228
BOARD & COMMISSION
ITEM REPORT
Date: September 10, 2025 Item Activity: Approve
Meeting: Planning Commission
Agenda Number: 7.3
Prepared By:
Item Type: Public Hearing Department: Community Development
Item Title: Ordinance No. 2025-10; An Ordinance Amendment Regarding Stormwater
Management
Action Requested:
Recommend approval of ordinance No. 2025-10 amending Chapter 10 and Chapter 36 of the Edina
City Code concerning Stormwater Management.
Information/Background:
Staff are proposing to update and move the stormwater management requirements from Chapter 10
to Chapter 36. The purpose of the update is to clarify code requirements for stormwater
management and erosion control plan requirements, where they apply to more than just new single
and double dwelling units, and make the code consistent with policy approved in the Water
Resources Management Plan.
Better Together Public Input
Supporting Documentation:
1. Staff Report
2. Proposed Stormwater Ordinance Copy
3. Staff Presentation
Page 192 of 228
City of Edina • 4801 W. 50th St. • Edina, MN 55424
Information / Background:
Staff are proposing to update and move the stormwater management requirements from Chapter 10 to
Chapter 36. The purpose of the update is to clarify code requirements for stormwater management and
erosion control plan requirements, where they apply to more than just new single and double dwelling
units, and make the code consistent with policy approved in the Water Resources Management Plan.
The City of Edina adopted ordinance 2024-02 approving accessory dwelling units (ADUs) in April 2024.
Following adoption, staff inquired with legal counsel about applicability of stormwater management
requirements in Chapter 10 for ADUs. The legal review revealed that permitting requirements in
Chapter 10 do not apply to ADUs. The review further revealed that stormwater requirements in
Chapter 10 do not apply to remodel/demolition projects that remove less than or equal to 50% of the
area of exterior walls. Staff have been applying stormwater requirements to major remodels and partial
demolitions since 2016, following a series of meetings with Council and Planning commission on
drainage, stormwater and construction issues, as builders were using these approaches to avoid meeting
stormwater requirements that would be required for demolitions exceeding 50% and new buildings.
As a result of the review, the city attorney recommended that the city revise the City Code to apply
stormwater standards per the status quo as described in the stormwater guidance document that has
been used since 2016. The proposed ordinance change clarifies and codifies the status quo held since
2016.
These projects, other than just new single dwelling units only, have implications for stormwater runoff.
This proposed change codifies the status quo of reviewing and mitigating potential adverse impacts to
neighboring properties consistent with the original spirit of the stormwater management plan
requirement.
Date: September 10, 2025
To: Planning Commission
From: Jessica V. Wilson, Water Resources Manager and Andrew Reinisch, Engineering Technician
Subject: Ordinance No. 2025-10 Amending Chapter 10 and Chapter 36 of the Edina City Code
Concerning Stormwater Management
Staff Recommendation: Recommend approval of ordinance no. 2025-10 amending Chapter
10 and Chapter 36 of the Edina City Code concerning Stormwater Management.
Page 193 of 228
Existing text – XXXX
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1
ORDINANCE NO. 2025-10
AN ORDINANCE AMENDMENT REGARDING STORMWATER MANAGEMENT
The City Council Of Edina Ordains:
Section 1. Section 36-10 – Definitions of the Edina City Code is amended by adding the
following defined terms, to be inserted into said section in alphabetical
order :
Sec. 36-10 – Definitions
Active grading permit means a site with a grading permit or building permit with
associated grading work.
Base Flood means as defined in section 36-771.
Base Flood Elevation means as defined in section 36-771.
Construction activities means construction, demolition, grading, and remodel/additions
and other site improvements associated with buildings, accessory buildings, patios, decks,
landscaping or pools.
Critical storm event means as defined in section 36-771.
Landlocked basin means as defined in section 36-771.
Local Flood Area means as defined in section 36-771.
Stormwater Control Measures means measures designed to manage the amount of
stormwater runoff. These measures can be structural, like engineered facilities, or non-
structural.
Section 2. Section 36-1257 - Drainage, retaining walls and site access of the Edina City
Code is amended to read as follows:
Sec. 36-1257. – Drainage, rRetaining walls and site access.
(a) Drainage. No person shall obstruct or divert the natural flow of runoff so as to harm the
public health, safety or general welfare. Surface water runoff shall be properly conveyed
into storm sewers, watercourses, ponding areas or other public facilities. As part of the
building permit, the applicant must submit a grading and erosion control plan along with a
stormwater management plan that is signed by a licensed professional engineer. The
Page 194 of 228
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2
stormwater management plan must detail how stormwater will be controlled to prevent
damage to adjacent property and adverse impacts to the public stormwater drainage
system. The plans must be approved by the city engineer and the permit holder must
adhere to the approved plans. [repealed]
(a) (b) Retaining walls. All retaining walls must be shown on a grading plan as part of a
building permit application. Plans must demonstrate materials to be used for the retaining
wall construction. Retaining walls taller than four feet must meet a three-foot setback.
(b) (c) Site access. In an R-1 or R-2 Zoning District, a residential maintenance access of at
least three feet in width is required on one side of a single or two dwelling unit from the
front yard to the rear yard.
Section 3. Chapter 36, Article XII, Division 2 – General Requirements Applicable to All
Districts Except as Otherwise Stated of the Edina City Code is amended by
adding a new section 36-1259 as follows:
Sec. 36-1259. – Stormwater plans required.
1. Purpose. The requirements of this section are intended to accomplish the following:
a. Limit the changing of drainage areas and properly control or divert flow when areas
are changed.
b. Limit and manage the risk associated with the creation of new concentrations of
drainage.
c. Protect and maintain existing flow paths and/or plan new flow paths that have no
adverse impact to neighboring property.
d. Control and reduce the amount of runoff directed to landlocked areas.
e. Control and reduce the amount of runoff directed to Local Flood Areas in which
existing principal structures including any dwelling unit have exposure to the base
flood.
f. Apply stormwater control measures to mitigate volume and rate of flow from sites
proposing additional impervious surface.
g. Ensure stormwater control measures are maintained long-term for optimal
functionality.
2. Scope. The requirements of this section apply to construction activities that fall into one of
the following categories:
a. Category 1
i. Disturb more than 2,500 square feet of soil, or
ii. Exceed more than ten cubic yards of cut or fill, and
iii. Do not meet the criteria for Category 2
b. Category 2
i. Construction of a new dwelling unit
ii. Construction activities the City Engineer determines presents a risk of
adverse impact to neighboring private properties, public infrastructure or
waterbodies; or
iii. Construction activities that include any of the following conditions:
Page 195 of 228
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3
1. A change in grade that significantly affects a drainage area, by
increasing or decreasing the square footage of land flowing to an
existing drainage path
2. The addition of over 400 square feet of new impervious surface
with a drainage path that is directed to private property
3. The addition of 600 square feet of new impervious surface in areas
that drain to Local Flood Areas in which any existing principal
structure including any dwelling unit has exposure to the base
flood.
4. Any fill or addition of impervious surface on sites that drain to a
landlocked basin
5. Fill on any part of a property below Base Flood Elevation
6. Any modification from the approved plans for an active grading
permit
7. Any modification of a stormwater control measure
8. Construction activities that will result in a site having greater than
50% impervious surface
c. The continuation, addition or modification of previously permitted activities from
the last five years, that when reviewed as a whole would trigger category 1 or
category 2 requirements.
3. Exemptions. The following are exempt from the requirements of this section:
a. Activities with approved development plans associated with a zoning action where
stormwater plans already exist and are in force, if the proposed permit does not
modify the stormwater plan.
b. Construction of new dwelling units created entirely within an existing building that
does not otherwise meet the criteria for Category 1 or 2. For example, interior
remodeling to convert a single-dwelling unit building into a double-dwelling unit
building.
4. Requirements. Prior to the issuance of a permit, a stormwater management plan is
required for construction activities meeting the criteria of Category 1 or Category 2 as
follows:
a. Category 1. The following are the plan requirements for Category 1. These
precautions may be described on a grading plan, site plan or any other plan that
describes the work to be performed.
i. Show or describe existing and proposed grades, areas of exposed soils, and
existing and proposed impervious surfaces. Use sketches, notes, and or
narrative. Include spot and relative elevations, flow arrows, or contours.
ii. Accurately depict current and proposed drainage.
iii. Include and perform the following site drainage precautions:
1. Reduce soil compaction by limiting equipment access to specific
construction paths, if applicable.
2. Loosen compacted soils through raking, tinning, tilling, or other
methods to a minimum depth of 2 inches.
3. Place new, organic rich, topsoil to a minimum depth of 4 inches on
areas of disturbance.
4. Place sod or seed and mulch on exposed soils as soon as practical.
Page 196 of 228
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4
b. Category 2. The following are the plan requirements for Category 2. These
precautions must be described on a separate stormwater management plan except
that it may be combined with an erosion control plan when one is required.
i. The plan must be prepared and signed by a licensed professional Civil
Engineer in the State of Minnesota
ii. The plan must provide for no increase in peak flow rate to private
properties for 10-percent annual chance event provided in the City of
Edina Interactive Water Resources Map.
iii. The plan must not add to existing nor create new flow paths which would
concentrate or direct drainage to or near private structures
iv. For proposed drainage to landlocked basins, no increase in peak flood
elevations for the critical storm event.
v. For a proposed increase of over 600 square feet of impervious surface in
areas that drain to Local Flood Areas in which existing principal structures
including any dwelling unit have exposure to the base flood, a reduction of
runoff volume is required equal to 1.1 inches multiplied by new
contributing impervious surface area.
c. For either category 1 or category 2 plans, a stormwater plan must also include a
maintenance plan outlining procedures to ensure continued optimal functionality
including inspection schedules and procedures for cleaning out debris, repairing
damaged infrastructure, and maintaining vegetation.
i. As a condition of permit approval, the city may require the applicant to
record a declaration or other recordable document that establishes
ongoing maintenance obligations as necessary to ensure the effective
operation of the stormwater control measures provided in the approved
plan. The document must be approved by city staff and must include
provisions that allow the city to enforce the requirements of the
document.
Section 4. Section 10-110 – Permit requirements of the Edina City Code is amended to
read as follows:
Sec. 10-110 Permit requirements
(7) Stormwater and eErosion control plans. For a building permit, the applicant
must submit stormwater and erosion control plans prepared and signed by a
licensed professional engineer. The plans must be approved by the city engineer
and the permit holder must adhere to the approved plans. The stormwater
management plan must detail how stormwater will be controlled to prevent
damage to adjacent property and adverse impacts to the public stormwater
drainage system. The erosion control plan must document how proper erosion and
sediment control will be maintained on a continual basis to contain on-site erosion,
prevent or remediate tracking of sediment or other material into the street, and
protect on- and off-site vegetation. Permit holder must protect all storm drain
inlets with sediment capture devices at all times during the project when soil
disturbing activities may result in sediment laden stormwater runoff entering the
Page 197 of 228
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5
inlet. The permit holder is responsible for preventing or minimizing the potential
for unsafe conditions, flooding, or siltation problems. Devices must be regularly
cleaned out and emergency overflow must be an integral part of the device to
reduce the flooding potential. Devices must be placed to prevent the creation of
driving hazards or obstructions.
Section 5. This ordinance is effective immediately upon passage.
First Reading: October 7, 2025
Second Reading: Waived
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 ___________________, 2025, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this ______ day of ____________, 2025.
________________________________
City Clerk
Page 198 of 228
EdinaMN.gov
Ordinance No. 2025-09 Amending Chapter 36 of the
Edina City Code Concerning Zoning, Article X.
Floodplain Districts
September 10, 2025
Planning Commission
Page 199 of 228
Stormwater management and floodplain districts
•Separate but related ordinance revisions
•Both center on No Adverse Impact principles and a good neighbor
approach
•Floodplain district ordinance utilizes elevation to reduce exposure and is
focused on limiting flood losses and damages
•Stormwater management ordinance is about controlling runoff and
providing assurances for long-term functionality of control measures
Page 200 of 228
Staff recommendation
•Recommend approval of ordinance no. 2025-09 amending Chapter 36 of
the Edina City Code concerning Zoning, Article X. Floodplain Districts.
Page 201 of 228
Purpose of ordinance update
•Incorporate local floodplain development policy, an element of the Flood
Risk Reduction Strategy.
•Incorporate a more recent state model ordinance.
•Incorporate a Letter of Map Revision (LOMR) panel approved by FEMA.
Page 202 of 228
How did we get here
•1980 –City of Edina joined National Flood Insurance Program and
adopted minimum standards and initial FEMA maps. Zoning code was
updated in 2004 and 2016 following reissuance of FEMA maps.
•2017/2018 –City develops and publishes interactive map of flood
inundation areas.
•2018 –Water Resources Management Plan update, in the midst of the
wettest decade on record and following a peak period of residential
redevelopment. Council and residents wanted more transformative
progress on flooding and drainage issues which led to a promise to
develop the Flood Risk Reduction Strategy.
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•Regional v local visualization
Regional special flood hazard areas,
defined in FEMA maps Local flood areas,
defined in city model
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regional
local
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Standardized precipitation data for system design
Published
in 1961
FEMA
map uses
Published
in 2013
Edina local
map uses
Upper bound
(pessimistic)
Lower bound
(optimistic)
Mean
2014 study by the MCWD and
others
(Stack et al., 2014): Long-term climate information
and forecasts supporting stakeholder-driven
adaptation decisions for urban water resources:
Response to climate change and population growth.Page 207 of 228
New Home Permit History Past 31 Years
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Flood Risk Reduction Strategy development
•2018 Water Resources Management Plan
included commitment to develop a Flood
Risk Reduction Strategy
•2019 convened Flood Risk Reduction
Strategy task force
•2020 Flood Risk Reduction Strategy
adopted by City Council
•2022 Water Resources Management Plan
amendment to incorporate Flood Risk
Reduction Strategy
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Flood Risk Reduction Strategy
Comprehensively reduce risk throughout the community.
Infrastructure: We renew our infrastructure and operate it to reduce risk. We will plan public streets and
parks to accept and convey flood waters to reduce the risk and disruption of related city services.
Regulation: We acknowledge competing demands of land use and addressing drainage, groundwater, and
surface water issues. We help people solve issues without harming another.
Outreach and Engagement: We
make flood information available and
give people tools for flood resilience.
Emergency Services: We help people
prepare for floods, remove people from
harm during floods, and recover after
floods.
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New Local Flood Area District
•References data in interactive water resources map
•Below-grade garages and parking outside of R-1 and R-2 zoning
districts
•With floodproofing and vulnerability reducing measures
•Local Flood Areas
•Minimum lowest opening elevation 2’above the local 1% annual chance flood
elevation
•Ponding Basins (i.e. lakes and ponds)
•Minimum lowest floor elevation 2'above the outlet elevation
•Landlocked basins
•Minimum lowest floor elevation 2' above the critical storm (local 1% annual chance
flood or local 10-day snowmelt, whichever is higher)
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Landlocked basins
•No outlets
•Water leaves through
evaporation, infiltration,
pumping
•Vulnerable to prolonged high
water, especially during wet
periods when groundwater
levels are high
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•Site Specific Standard for
local flood area
requirements
•Flood risk = vulnerability x
exposure
•Standard requirements
reduce exposure
•Alternative that reduces
vulnerability
•Conditions / Applicability
•Not in a regional special flood
hazard area
•No adverse impact
•Approved by City Engineer
Site Specific Standards
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Flood Fill Standard
•Fill may be allowed within the regional floodplain with a 'no-rise'
certification and supporting evidence from a licensed professional
engineer. Verification occurs at final inspection and with as-built
survey.
•Note Watershed Districts may prohibit net fill
•Fill is prohibited within the floodway
•Fill in the local floodplain may be allowed -licensed professional
engineer must demonstrate no increase in risk.
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Purpose of ordinance update
•Incorporate local floodplain development policy, an element of the Flood
Risk Reduction Strategy.
•Incorporate a more recent state model ordinance.
•Incorporate a Letter of Map Revision (LOMR) panel approved by FEMA.
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Conclusion and recommendation
The Flood Risk Reduction Strategy aims to increase community capacity to
withstand and recover from flood hazards. Regulating floodplain
development is a key area of work for making progress toward the goal of
comprehensively reducing flood risk across the community.
Staff recommendation: Recommend approval of ordinance no. 2025 -09
amending Chapter 36 of the Edina City Code concerning Zoning, Article X.
Floodplain Districts.
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EdinaMN.gov
Ordinance No. 2025-10 Amending Chapter 10 and
Chapter 36 of the Edina City Code Concerning
Stormwater Management
September 10, 2025
Planning Commission
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Staff recommendation
•Recommend approval of ordinance no. 2025-10 amending Chapter 10 and
Chapter 36 of the Edina City Code concerning Stormwater Management.
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Purpose of ordinance update
•Update and move stormwater management requirements from Chapter
10 to Chapter 36.
•Clarify code requirements regarding stormwater management plans,
where they apply to more than just new single and double dwelling units,
capturing ADUs and other improvements (e.g. additions).
•Clarifies and codifies staff application of requirements since 2016,
following a series of meetings with Council and Planning Commission.
•The update is consistent with policy in the Water Resources Management
Plan to regulate development and redevelopment to ensure actions
proposed at the time of development consider flood risk and do not
adversely impact others.
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•Requirements are based
on existing drainage
issues and scope of
work.
Stormwater management
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Stormwater management and floodplain districts
•Separate but related ordinance revisions
•Both center on No Adverse Impact principles and a good neighbor
approach
•Floodplain district ordinance utilizes elevation to reduce exposure and is
focused on limiting flood losses and damages
•Stormwater management ordinance is about controlling runoff and
providing assurances for long-term functionality of control measures
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Conclusion and recommendation
Development projects have implications for stormwater runoff. The
proposed change codifies the status quo of reviewing and mitigating
potential adverse impacts to neighboring properties consistent with the
original spirit of the stormwater management plan requirement.
Staff recommendation: Recommend approval of ordinance no. 2025 -10
amending Chapter 10 and Chapter 36 of the Edina City Code concerning
Stormwater Management.
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Proposed schedule
•September 10th Planning Commission public hearing
•September 16th City Council public hearing
•September 28th public input closes
•October 7th final decision meeting
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Staff Recommendation
•Recommend approval of ordinance no. 2025-09 amending Chapter 36 of
the Edina City Code concerning Zoning, Article X. Floodplain Districts.
•Recommend approval of ordinance no. 2025-10 amending Chapter 10 and
Chapter 36 of the Edina City Code concerning Stormwater Management.
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BOARD & COMMISSION
ITEM REPORT
Date: September 10, 2025 Item Activity: Discussion
Meeting: Planning Commission
Agenda Number: 8.1
Prepared By:
Item Type: Report & Recommendation Department: Community Development
Item Title: 2026-27 Planning Commission Work Plan
Action Requested:
No action requested
Information/Background:
Discuss the 2026-27 Planning Commission Work Plan
Supporting Documentation:
1. 2026-2027 Planning Commission Work Plan (Draft)
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Page 1 of 2
Planning Commission
2026-2027 Proposed Work Plan
Initiative Title: Review Land Use Application
Initiative Description: Review land use applications and provide recommendations to Council on CUP, Subdivisions, Site
Plans, Rezoning, and Comprehensive Plan amendments. Review and decide on variances.
Deliverable: Recommendations to City Council for consideration, and final decisions on variances
Targe Completion Date: Ongoing Owner: All Contributors: NA
Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☒ 3: Review & Recommend
☒ 4: Review & Decide ☐ 5: Event
Budget Required (completed by staff): None required
Staff Support Required (completed by staff): Significant staff support required. Staff meet with applicants, prepare
reports, public notices and Better Together. Presents recommendations to the Commission for consideration.
Liaison Comments: 1 Administration Comments:
Initiative Title: Zoning and Subdivision Ordinance Update
Initiative Description:
Update the zoning and subdivision ordinances to address issues identified in the Zoning/Subdivision Ordinance Audit
report completed in 2024. Specifically, the update will aim to better align the ordinances with the goals and policies of
the Comprehensive Plan and small area plans. Consultant will lead the update and draft ordinance revisions for review
and recommendation by the Planning Commission.
Deliverable: Recommendation to Council with proposed changes to zoning and subdivision ordinances
Targe Completion Date: Oct 2026 Owner: Alkire Contributors: Hahneman, Daye
Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☒ 3: Review & Recommend
☐ 4: Review & Decide ☐ 5: Event
Budget Required (completed by staff): Yes, contract for the consultant has been approved by City Council.
Staff Support Required (completed by staff): Significant staff support required. All of the Planning Division will assist.
Liaison Comments: Liaison comments should be completed prior to submitting the proposed work plan to MJ.
2 Administration Comments:
Initiative Title: 2028 Comprehensive Plan Update
Initiative Description:
Complete the 2028 Comprehensive Plan Update. Consultant will lead the update beginning in 2027.
Deliverable: Recommend updated Comprehensive Plan for city council consideration.
Targe Completion Date:
Dec 2028
Owner:
Must list at least one person
Contributors:
Other members helping
Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☒ 3: Review & Recommend
☐ 4: Review & Decide ☐ 5: Event
Budget Required (completed by staff): Yes, the city will have to hire a consultant. This item is budgeted via the CIP.
Staff Support Required (completed by staff): Significant staff support required. Cross organizational initiative.
Liaison Comments: Liaison comments should be completed prior to submitting the proposed work plan to MJ.
3 Administration Comments:
= commission
= staff
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Page 2 of 2
Initiative Title: Study on the Use of Food Trucks
Initiative Description:
Study and report on the current impact of the city ordinance governing mobile food units (food trucks), including how
the 500-foot restriction interacts with existing restaurants, business vitality, community engagement and activation.
The study will provide findings and recommendations for potential updates to an ordinance amendment, with the goal
of balancing economic development, neighborhood compatibility, and community activation. Current City Code
allows Food Trucks with a taproom, winery, or distillery; or if associated with a specific event. Food trucks are not
allowed as a primary use to protect the City’s brick and mortar restaurant businesses.
This work plan item is not to amend the ordinance; it is to study the issue and consider if a change is necessary.
Deliverable: Study and report
Targe Completion Date: December
2026
Owner: Q. Lewis Contributors:
Council Charge: ☐ 1: Review & Comment ☒ 2: Study & Report ☐ 3: Review & Recommend
☐ 4: Review & Decide ☐ 5: Event
Budget Required (completed by staff): No.
Staff Support Required (completed by staff): Yes.
Liaison Comments: Staff would anticipate much of the study work to be done by commissioners.
4
Administration Comments:
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