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2013-04-24 Planning Commission Packets
AGENDA REGULAR MEETING OF THE PLANNING COMMISSION CITY OF EDINA, MINNESOTA CITY COUNCIL CHAMBERS APRIL 24, 2013 7:00 PM CALL TO ORDER II. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. APPROVAL OF CONSENT AGENDA A. Minutes of the regular meeting of the Edina Planning Commission April 10, 2013 V. COMMUNITY COMMENT During "Community Comment," the Planning Commission will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Commission or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Chair may limit the nutpber of speakers on the some issue in the interest of time and topic. Generally speaking, items that are elsewhere on this morning's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commission Members to respond to their comments today. Instead, the Commission might refer the matter to staff for consideration at a future meeting. VI. PUBLIC HEARINGS A. Variance. Revision LLC, 31 Cooper Circle, Edina, MN B. Variance. Bruce and Ann Christensen, 4515 Browndale Avenue, Edina, IVIN VII. REPORTS AND RECOMMENDATIONS A. Sketch Plan Review — Continental Gardens Assisted Living, 7151 York Avenue B. Zoning Ordinance Update - Residential Development VIII CORRESPONDENCE AND PETITIONS • Council Connection • Attendance IX. CHAIR AND COMMISSION MEMBER COMMENTS X. STAFF COMMENTS XI. ADJOURNMENT The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-927-886172 hours in advance of the meeting. Next Meeting of the Edina Planning Commission Wednesday May 8, 2013 PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Kris Aaker April 24, 2013 B-13-11 Assistant Planner Recommended Action: Deny the 10.5 foot front yard setback variance as requested. Project Description A 10.5 foot front yard setback variance to add a third garage stall in the front yard area to a home located at 31 Cooper Circle for John Daly — Revision Homes, LLC/ Molly and Patrick Cronin. INFORMATION/BACKGROUND The subject property is located south of Cooper Circle consisting of a two story home with an attached two car garage. The property backs up to,a pond, (see attached pages: A.1 -A. 6, site location, aerial photographs, and photos of subject and adjacent Properties). The property owner is hoping to add a garage stall to the north of the existing two car garage, (see attached pages: A.7— A.11, building plans and surveys). The home was built in 2005 with most of the current ordinances in place when the home was built. The home was designed at minimum setbacks from front side and rear, (to the pond). The property is subjected to a 50 foot setback from the pond behind the home.The home was designed to fit exactly within the required setbacks. The ordinance requires that the addition maintain the average front yard setbacks of the homes on either side of the subject property. In this instance the required front yard setback average is 37 feet. The existing garage is at the required front yard setback, so any improvement towards the street requires a variance beyond the front wall of the garage. The proposed garage extension would provide a front yard setback of 26.5 feet requiring a variance of 10.5 feet. The property is 20,270 square feet in area with the home and proposed additions occupying 17.1 % of the lot area. The home was designed to fit exactly within the buildable area when constructed in 2005. Staff believes it is not reasonable for the owner to expect to add a third garage stall 26.5 feet from the front lot line given the existing front yard setbacks along Cooper Circle. SUPPORTING INFORMATION Surrounding Land Uses Northerly: Single-family homes. Easterly: Single-family homes. Southerly: Pond Westerly: Single-family homes Existing Site Features The subject lot is 20,270 square feet in area consisting of a two story home built in 2005. Planning Guide Plan designation: Zoning: Building Design Single-family detached R-1, Single Dwelling Unit District The proposal is to add a garage stall to the existing two car garage within the front yard setback area. The building materials and design will match the existing building materials. Compliance Table * Variance Required 2 City Standard Proposed Front - 37 feet *26.5 feet Side- 10+ height, (living) 12.5 feet Rear- 50 feet to pond 50 feet Building Height 2 1/2 stories 2 stories, 30 feet to midpoint 35 feet to 28.5 feet to midpoint, 35 ridge, feet to the ridge Lot coverage 25% 17.1% * Variance Required 2 Primary Issues Is the proposed development reasonable for this site? No. Staff believes the proposal is not reasonable for four reasons: 1. The proposed use is permitted in the R-1, Single Dwelling Unit Zoning District and the existing home and garage currently complies with all requirements including the minimum two car garage requirement. 2. The existing home is appropriate in size and scale for the lot and was designed to fit within the required setbacks. The garage addition would extend out beyond the front building wall of the adjacent neighbors and would then be the closest structure to the street. 3. The improvement will not provide the same setback from the street as the other homes along the block. The garage extension would disrupt the existing front yard streetscape along the cul-de-sac. 4. The home was built in 2005, fits within the required footprint and provides the minimum two car garage as required by ordinance. At the time the home was constructed, the owner (at the time) had contemplated a three car garage but was only able to design a bump -out storage area on a two car garage without sacrificing floor space inside the home. • Is the proposed variance justified? No. Per the Zoning Ordinance, a variance should not be granted unless it is found that the enforcement of the ordinance would cause practical difficulties in complying with the zoning ordinance and that the use is reasonable. As demonstrated below, staff believes the proposal does meet the variance standards, when applying the three conditions: Section 850.0.Subd., requires the following findings for approval of a variance: Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively. The Proposed Variance will: 1) Relieve practical difficulties that prevent a reasonable use from complying with ordinance requirements. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without the variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable. "Practical difficulties" may include functional and aesthetic concerns. Staff believes the proposed variance is not reasonable given the existing home has provided conforming setbacks since built in 2005 and has provided the minimum two car garage as required by ordinance. 2) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self- created? No. The home was designed to fit within the required setbacks in 2005. The original homeowner had looked at the same possibility to go forward with a larger garage but was discouraged by staff to do so given the front yard setbacks along Cooper Circle. 3) Will the variance alter the essential character of the neighborhood? Yes. The proposal would alter the essential character of the neighborhood. The setback will be the closest front yard setback to Cooper Circle. Staff Recommendation Recommend that the Planning Commission deny the variance. Denial is based on the following findings: 1) The home was built to code, to fit within the required setbacks in 2005 and includes the minimum 2 car garage required by ordinance. 2) The proposal would not meet the required standards for a variance, because: a. The proposed use of the property is not reasonable; as it is not consistent with existing conditions on the cul-de-sac. 3) The intent of the ordinance is to provide adequate spacing from the street. The proposed garage stall will extend into the front yard area eroding the common front yard area and street view. 4 Deadline for a City Decision: May 31, 2013. VARIANCE APPLICATION CASE NUMBER_t�Z—DATE L FEE PAID —N!��p City of Edina Planning Department * www.citvofedina.com 4801 West Fiftieth Street * Edina, MN 55424 * (952) 826-0369 fax (952) 826-0389 FEE: RES - $350.00 NON -RES - $600.00 APPLICANT: NAME: SoV A t0, �LU16tw LLL (Signature required on back page) ADDRESS: '74n k1&',.zc-�s,. 11W PHONE: g1Sl- S40-11%0 EMAIL:: RES1 c-c�atts�a.% A. PROPERTY OWNER: NAME: CrooiQ (Signature required on back page) ADDRESS: 3l Goof- 6(-C-1 PHONE:Qz- 2yo- 371C LEGAL DESCRIPTION OF PROPERTY (written and electronic form): "You must provide a full legal description. If more space is needed, please use a separate sheet. Note: The County may not accept the resolution approving your project if the legal description does not match their records. This may delay your project. PROPERTY ADDRESS: 31 cogeer Gtr sr�� PRESENT ZONING: tZ1 P.I.D.# 1q- 11-1- 11 Bair EXPLANATION OF REOUEST- �c.F-tr to Noxi PC. (Use reverse side or additional pages if necessary) ARCHITECT: NAME: N\ LI -C- � PHONE: RSl- 691- 6`54 SURVEYOR: NAME:: Yj«IL . FZ CfiJAC.C�� PHONE: CMSkeroc SJ CUNI(A4- pe', EMAIL: fom- q_%%- .040F,3 Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively. Please fully explain your answers using additional sheets of paper as necessary. The Proposed Variance will: YES NO Relieve practical difficulties in complying ❑ with the zoning ordinance and that the use is reasonable Correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district ❑ Be in harmony with the general purposes and intent of the zoning ordinance MII Not alter the essential Character of a neighborhood 1 n� K 31 Cooper Circle Variance Application Explanation of Request: The request for variance is a Front Yard Setback request is for a Garage Addition on the front of the home. The house currently has a 2 -car garage and proposing to add a 3rd stall. The current Average Adjustable Set Back for the property is 37 ft. The neighbor to the West is 41 ft and the neighbor to the East is 33 ft. The proposed request is for 26.5 ft to the front corner of the addition closest to the property line. The property line is on a curve with the street and the measured property line does not follow equally with the curve of the street and or property allowing for the set back Average Adjusted Set Back to be not favorable to the property. This property is at the greatest degree of curve in the circle making it unique in following the code requirements. Relieve Practical Difficulties in complying with the Zoning ordinance and that the use is reasonable: YES The practical difficulty of this property is the current location of the house doesn't allow for accommodation in a 3rd stall garage with the current city ordinances. The reasonable use of this proposal allows for additional storage space that would otherwise be unsightly to adjacent neighbors and visitors. The homeowner did not petition this plot of this property when it was built. They are the 2nd homeowner. The variance proposed respects the character of the property and enhances the home and its surroundings. Correct Extraordinary Circumstances applicable to -the property but not applicable to other property in the vicinity or zoning district: YES The unusual circumstance of this property is that it is on the greatest degree of the curve in the circle and the current location of the dwelling on the property. The proposal maintains distance to the street as the property becomes greater on the Northeast corner where the addition is being proposed. Be in Harmony with the general purposes and intent of the Zoning Ordinance: YES The intent of this proposed addition is in harmony with the city ordinance of not blocking a neighbor view point or of becoming too close to the right of way (street) that would hinder public safety or emergency accessibility. Not Alter the Essential Character of a Neighborhood: YES The proposed addition will have the same aesthetic look to the front that it currently does and will mirror the same image it represents. All but one other home on the street has 3 car garages and the proposed addition would assist in keeping with the same character as the rest of the homes. Detailed Application Requirements: Unless waived by the Planning Department, you must complete all of the following items with this application. An incomplete application will not be accepted. X Completed and signed application form. Application fee (not refundable). Make check payable to "City of Edina." One (1) Copy of drawings to scale. Seventeen (17) 11x17 copies of drawings, including elevations and surrey, photographs and other information to explain and support the application. A current survey is required. Please refer to "Exhibit A." X Variance requests require scale drawings to explain and document the proposal. The drawings are not required to be prepared by a professional, but must be neat, accurate and drawn to an acceptable scale. The drawings may vary with the proposal, but should include a site plan, floor plans and elevations of the sides of the building which are affected by the variance. VARIANCE GUIDELINES AND APPLICATION INFORMATION The City of Edina Planning Department encourages healthy development within the city of Edina. Although this document is meant to serve as a guide for the application process for development through the Planning Department it is by no means comprehensive. The Planning Staff recommend that you schedule a meeting to answer any questions or to discuss issues that may accompany your project. It is much easier to tackle problems early on in the process. The office number for the Planning Staff is (952) 826-0465. Variance Information The Edina Planning Commission has been established to consider exceptions (variances) from the Land Use, Platting and Zoning Ordinance (Number 850), the Antenna Ordinance (Number 815), the Sign Ordinance (Number 460) and the Parking and Storage of Vehicles and Equipment Ordinance (Number 1046). The variance procedure is a "safety valve" to handle the unusual circumstances that could not be anticipated by these ordinances. The Commission is charged to only grant a petition for a variance if it finds: 1. That strict enforcement of the ordinance would cause practical difficulties because of circumstances unique to the petitioner's property 2. That the granting of the variance is in keeping with the spirit and intent of the ordinance. 3. Would not alter the essential character of the neighborhood. "Practical Difficulties" means that: 1. The property in question cannot put to a reasonable use as allowed by the ordinance 2. The plight of the petitioner is due to circumstances unique to his/her property which were not created by the petitioner 3. The variance, if granted, will not alter the essential character of the property or its surroundings. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the petitioner's property exists under the terms of the ordinance. Application: Applications are submitted to the Planning Department. Offices are open Monday through Friday, 8 AM to 4:30 PM. Deadlines for Applications: Applications need to be submitted at least fifteen days before the meeting. This allows the City of Edina time to notify surrounding property owners of the date of the hearing and details of the variance. It is helpful to submit the application as soon as possible to secure an early hearing position. Notice of Public Hearing: Notice is mailed to all property owners (of record at City Hall) that are located within 200 feet of the site. Notice is mailed ten (10) days prior to the hearing. You are encouraged to contact adjacent or close owners and advise them of your proposal prior to the notice of the hearing. You may wish to provide statements of "no objection to the variance" from the nearby property owners. Meetings and Public Hearings: Meetings of the Planning Commission are scheduled on the second and fourth Wednesday of each month. The meetings are held at 7:00 pm in the Edina City Hall Council Chambers, 4801 West 50th Street. Each meeting is limited to five variance cases on a first come, first serve basis. Additional requests are delayed until subsequent meetings. Meetings are formal public hearings with a staff report, comments from the proponent and comments from the audience. It is important the owner or a representative attend the meeting to answer questions. Staff Report: After review of the drawings submitted and a visit to the site staff prepares a report. This report, along with any supporting drawings and materials, are sent to the Zoning Board in advance of the meetings. Board members may visit the site before the meeting. All plans, emails and written information are public information, and may be used in the staff report and distributed to the public. Board Membership: The Planning Commission serves as the Zoning Board. Five members are required for a quorum. Decisions by the Planning Commission: The Planning Commission may approve, deny or amend the variance request and establish conditions to ensure compliance or protect surrounding property owners. The Planning Commission generally makes a decision at the scheduled hearing. Occasionally, however, a continuance to another meeting may be necessary. Appeals: Decisions of the Planning Commissionare final unless appealed to the City Council in writing within 10 days. The proponents, any owner receiving notice of the hearing or the staff may appeal decisions. Appeals are rare and they can be time consuming because a new hearing is required before the full City Council. Appeals must be filed with the City Clerk. Legal Fee: It is the policy of the City to charge applicants for the actual cost billed by our attorneys for all legal work associated with the application. An itemized bill will be provided which is due and payable within thirty (30) days. ** Filing an Approved Variance: The applicant is required to file an approved variance resolution with the County. Documents necessary for filing will be provided by the Planning Department. APPLICANT'S STATEMENT This application should be processed in my name, and I am the party whom the City should contact about this application. By signing this application, I certify that all fees, charges, utility bilis, taxes, special assessments and other debts or obligations due to the City by me or for this property have been paid. I further certify that I am in compliance with all ordinance requirements and conditions regarding other City approvals that have been granted to me for any matter. I have completed all of the applicable filing requirements and, to the best of my knowledge, the documeAtg-wd information I have submitted are true and correct. 1 /V 1 r -v. OWNER'S STATEMENT I am the fee title owner of the above described property, and I agree to this application. (if a corporation or partnership is the fee title holder, attach a -resolution authorizing this application on behalf of the board of directors or partnership.) 111711z- --m". it7 li Date Note. Both signatures are,requlred (if the owner Is dWerent than the applccano before we can process the application, otherwise it Is considered Incomplete. 5 LOCATION MAP 3 24 6 "@ SurramAkp House Nrueber 9 7� 1 $ Labels House Number Labels 1 f 1 81net1h me Labels 19 city Umio ft Creeks 2 s 3 lake Names 10 Q Lakes 9 0 Parks 1 ED Parcels 11 6 1414 t9 23 21 15 6 i2 COOPliR 27 12 ,lr 11 <' 24 i6 24 f 31. i A 7 16 3 6 1 Yf 6 912 3 CRCMAJW LK 17 $605 6626 6624 5620 2 4 6 D40f f WARLAC#WBLVO 58/9 66p 3661 Q +Ypi 4060 6001 6669 6666 6601 6001 6116 N ME 6N 5603 7 6636 6610 6609 6020¢ 662i ii b00i 6006 u13 u�omd.rnAWS•emi.yatw iaoseasm o n B-13-11 Front Yard Setback Variance ' ii , PID: 2911721140016 C� Prt '' �'• 31 Cooper Cir, Edina, MN 55436 0 . •,• ~"C1158�"' LOGISMap Output Page Page 1 of 1 14, Z, http://gis.logis.org/LOGIS AreIMS/ims?ServiceName=ed LOGISMap_QVSDF-&CIientVe... 3/5/2013 LOGISMap Output Page Page 1 of 1 A3 http://gis.logis.orgILOGIS ArcIMS/ims?ServiceName=ed LOGISMap_OVSDE&ClientV... 4/16/2013 Page 1 of 1 J!!L/�EGs��i10�1171 11.4 file;//ed-ntl/citywide/PDSImages/Photos/2911721140016001 jpg 3/5/2013 Page 1 of 1 r1-15- file://ed-ntl/citywide/PDSImages/Photos/2911721140017001 jpg 3/5/2013 Page 1 of 1 //, (r. I file://ed-ntl/citywide/PDSImages/Photos/2911721140015001 jpg 3/5/2013 0 20 40 6014 SCALE IN FEET ,00 — EXISTING SPOT ELEVATION. \Q X(998.0) = PROPOSED SPOT ELEVATION .+ - OIRECTION SURFACE DRAINAGE i X95 OO h 4 G ` BENCHMARK TNH ELEV = 926.5 I+ STRUCTURE HARDCOVER EXISTING �d HOUSE = 3160 SF 0 ! DECK 287 SF ' -150 SF ALHC lir AA TOTAL =3?, 7 SF/ 16.3X DD/r = 247 SF EM. r = 70 SF 1S AND PROPOSE22 3' 3474 SF/17.1X 0APOSED ADDIrOVTCH Emrm FLOERIFY)0 EXISTING I - HOUSE a W� '. �p 13B91,64 4 DECK I s� 46.5 s _... TFE=927.0 Land Frank R. Cerderelle Surveyor ;DATE 11,30,2012 ^� s ' JOd I` EX/STlNG m � EXISTING HOUSE _972 i ' HO ` I?�" USE STONEWOOD DSGN EDEN PRAIRE.MN 55344 m — _' -- 1 C t 16 5 � LFE=918.3 19 ` *' ".8. .0 16.5 0 w ..ir "..re ! U WA rEp I K + 5.0 REI. WALLS ,. 918. CA SALT FENCE D O dam. a - � �------. ZU20 014 POND _ l.. N I S 89032'00" E 140.24 m LEGAL DESCRIPTION: LOT 7, BLOCK 1, COOPER ADDITION HENNEPIN COUNTY, MN. LOT AREA = 20270 SF/ 0.46 AC ADDRESS 31 COOPER CIRCLE X 25% = 5068 SF HC ALLOWED PIlD{l 29-117-21-14-0016 9114/1.1 AWW / AO 1 M GOC MMCT N0. Bom BUIL DING PERMIT SURVEY Land Frank R. Cerderelle Surveyor ;DATE 11,30,2012 ^� s ' TWT 7M ""s °�" .ao 1DTKA. CRON/N RESIDENCE a Tc MI-I 16440 FLYING CLOUD DRIVE STONEWOOD DSGN EDEN PRAIRE.MN 55344 31 CpONIN M5112 NCS f95116rJ.4590 31 COME CIE, wawav,aa w � � 101 , WRk MN a; II o II z H- — h--IT—TFffE=o � II II 11 tl o II N II II II 0 1 1 III II i - I II I I dr_� II II I II I o III I I I E] EIT I 1 Ir -+Yr Ir -II Ip' CpONIN M5112 NCS f95116rJ.4590 31 COME CIE, wawav,aa w � � 101 , WRk MN � � rev lay M49169646) " '°" IWQIS� NINM) wgVv , "NOPAII %ma'y r mNNl7row- -I Y30MN1335 A q 0) ' bi i i" NW bI ' I r+nrraasnvwen 3d00) K ?AVAl VNAdl5Td NINON) NY'fMN)[:A 61t1VNLMAlO%L 711 N%" 55TVW 8 3NvN 173'084 Bd:NAN L]3G Aia; i �� � � �.r�r.:'�`-� s.�C"x:;���..u.._�= �# � `'.• � ,:'-€, -. _a ,a�7 �K ��'��� 'rte' . .... - . .. � , - -- .,moi PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Kris Aaker April 24, 2013 B-13-13 Assistant Planner Recommended Action: Approve the variance as requested. Project Description A 4.17 foot side yard setback variance at 4515 Browndale Ave. to add living space less than the required 10 feet to the side yard but match the existing 5.8 foot side yard setback of the existing attached garage for owners: Bruce and Ann Christensen. INFORMATION/BACKGROUND The subject property is located in the north east corner of the intersection of Browndale Ave. and Bridge Street consisting of a 2'h story home with an attached three car garage loading from Bridge Street, (see attachments A.1 — A.6, site location, ariel photos, photos of adjacent neighbors). The property is located within the Historic Country Club District with certain improvements on properties including those proposed, requiring review and approval of the Heritage Preservation Board. The owners are hoping to reduce the footprint of the existing attached garage, convert the area to a mud room/family room and add a detached three car garage in the rear yard. The new garage conforms to all of the ordinance requirements. The existing attached garage has a porch above, so there is living space at the same setback as the north wall of the garage. The zoning ordinance requires a minimum 10 foot side yard setback for living space and 5 feet for a garage. The existing living space of the home is nonconforming and is located 8 feet from the north lot line on the 1St floor and 5 feet 10 inches to the side lot line on the second floor, (porch above the garage). The garage is located 5 feet 10 inches from the north lot line and conforms to the attached garage setback requirement of 5 feet. The garage cannot however, be converted to living space at the existing side yard setback without a variance, (it would bring the nonconforming living space on the 1St floor closer to the side yard). The ordinance would allow the continuance of the nonconforming 8 foot north side yard setback on the first floor and the 5.83 foot side yard setback on the second floor for living space given the alternate setback rule. The alternate setback standard will not, however, allow the first floor living space to extend into the garage area without the benefit of a variance, since the garage wall is closer to the side lot line. The porch above the garage requires the structural support of the side wall below to remain, so it is necessary to keep the side wall of the garage at the existing setback, (see attachments A.7 — A.22, photos, surveys and building plans). The addition and new garage have been reviewed and approved by the Heritage Preservation Board on April 9, 2013, and received a Certificate of Appropriateness for the project, (see attachment A.22 — A.24, draft minutes of the Heritage Preservation Board). The neighboring house adjacent to the expansion area is located 19 feet from the lot line so spacing between homes will remain at approximately 24 feet. SUPPORTING INFORMATION Surrounding Land Uses Northerly: Single -dwelling homes. Easterly: Single -dwelling homes. Southerly: Single -dwelling homes. Westerly: Single -dwelling homes Existing Site Features The subject property is 12,520 square feet in area. The existing home was built in1935. Planning Guide Plan designation: Zoning: Building Design Single-family detached R-1, Single Dwelling Unit District 2 The proposal is to replace the existing garage with a mud room/family room with smaller living space area than the current garage footprint and to construct a three stall detached garage. Compliance Table * Variance Required Primary Issues Is the proposed development reasonable for this site? Yes. Staff believes the proposal is reasonable for four reasons: 1. The proposed use is permitted in the R-1, Single Dwelling Unit Zoning District and complies with all requirements with the exception of the existing north wall setback of the garage. 2. The home conforms to the lot coverage requirements; is appropriate in size and scale for the lot and the improvements will enhance the property and not detract from neighborhood. The footprint of the room addition would be less than the existing attached garage and will continue to support the porch area above. 3. The improvements will provide a reasonable use of the site and improve on the existing conditions. Spacing between the proponent's and neighboring structures will remain the same. No setbacks will change on the home. 4. The home improvement and garage have been reviewed and approved by the Heritage Preservation Board. The plan has received a Certificate of Appropriateness. 0 Is the proposed variance justified? City Standard Proposed Front - 39feet 40.1feet Side- 10+ height *5.83 feet Rear- 25 feet 49 feet Building Height 2 % stories 2 1/2 stories, 30 feet to midpoint 35 feet to 25.5 feet to midpoint, 32 ridge feet feet to the ridge Lot coverage 25% 25% * Variance Required Primary Issues Is the proposed development reasonable for this site? Yes. Staff believes the proposal is reasonable for four reasons: 1. The proposed use is permitted in the R-1, Single Dwelling Unit Zoning District and complies with all requirements with the exception of the existing north wall setback of the garage. 2. The home conforms to the lot coverage requirements; is appropriate in size and scale for the lot and the improvements will enhance the property and not detract from neighborhood. The footprint of the room addition would be less than the existing attached garage and will continue to support the porch area above. 3. The improvements will provide a reasonable use of the site and improve on the existing conditions. Spacing between the proponent's and neighboring structures will remain the same. No setbacks will change on the home. 4. The home improvement and garage have been reviewed and approved by the Heritage Preservation Board. The plan has received a Certificate of Appropriateness. 0 Is the proposed variance justified? Yes. Per the Zoning Ordinance, a variance should not be granted unless it is found that the enforcement of the ordinance would cause practical difficulties in complying with the zoning ordinance and that the use is reasonable. As demonstrated below, staff believes the proposal does meet the variance standards, when applying the three conditions: Section 850.0.Subd., requires the following findings for approval of a variance: Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively. The Proposed Variance will: 1) Relieve practical difficulties that prevent a reasonable use from complying with ordinance requirements. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without the variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable. "Practical difficulties" may include functional and aesthetic concerns. Staff believes the proposed variance is reasonable. The small addition to the living space will match the existing setback of the north garage wall. A practical difficulty is the original placement of the home. At the time the home was built, different setback standards were in place, allowing living space to be closer to the side yards. The existing porch above the garage is at the proposed nonconforming setback of the garage side wall and requires the structural support of the wall below to remain. 2) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self- created? Yes. The unique circumstance is the existing setback of the garage with a porch above. The porch on the second floor could be expanded at the existing nonconforming setback as proposed on the first floor without the need for a variance. The first floor cannot expand closer to the north lot line without a variance given the rules for living space vs. garage area and for alternate setback standards. The alternate setback standards allows for matching an existing nonconforming setback, but only on the same floor as the encroachment. 4 3) Will the variance alter the essential character of the neighborhood? No. The proposed improvements will not alter the essential character of the neighborhood. The footprint of the home will be reduced and spacing between structures, (home to the north), will remain the same. The detached garage conforms to the ordinance requirements and has received a Certificate of Appropriateness from the Heritage Preservation Board. Staff Recommendation Recommend that the Planning Commission approve the variance. Approval is based on the following findings: 1) With the exception of the variance requested for side yard setback, the proposal would meet the required standards and ordinances for the R-1, Single Dwelling Unit District. 2) The proposal would meet the required standards for a variance, because: a. The proposed use of the property is reasonable; as it slightly alters existing conditions without reducing setback or impacting the surrounding neighbors. b. The imposed setback and existing attached garage location does not provide opportunity to convert garage to living space on the first floor. C. The original placement of the home, closer to the north lot line, makes it difficult to adjust living spaces within the existing structure without the benefit of a side yard setback variance. Approval of the variance is subject to the following conditions: 1) Subject to staff approval, the site must be developed and maintained in substantial conformance with the following plans, unless modified by the conditions below: Survey date stamped: April 9, 2013. Building plans/ elevations date stamped: April 9, 2013. Deadline for a city decision: June 7, 2013 VARIANCE APPLICATION �' CASE NUMBER � DATE FEE PAID City of Edina Planning Department * www.cltvofedlna.com 4801 West Fiftieth Street * Edina, MN 55424 * (952) 826-0369 fax (952) 826.0389 FEE: RES - $350.00 NON -RES - $600.00 APPLICANT: r NAME:.iMh �tkkAI P �AYSDVI (Signature required on back page) ADDRESS: PROPERTY OWNER: t` NAMElwo A- Duan CW ste en (Signature required on back page) ADDRESS:455 wd Az • J�W 56424 PHONE:� 0151-12 " 6 LEGAL DES C I TI N O PROPERTY (wri)ten and electronic form): �llls�ytG bmh Seth_ r<oY►;_L } 1 lac,t� 5 "You must provide a full legal description. It more space is needed, please use a separate sheet. Note: The County may not accept the resolution approving your project If the legal description does not match their records. This may delay your project. 1 PROPERTY ADDRESS: �I!5 1"Wh4ak, hekl s° iM LVW MN 24 PRESENT ZONING: 12--1 P.LD.# �'�'"OZ�b-Z�'�-l' bD . EXPLANATION OF REQUEST: -'Itd tfi., Std AI&IotcAne (Use reversesideor additional pages If necessary) T-777 „ ARCHITECT: NAME: llt�oly► t�f'kkA wo bwrsPh PHONE: EMAIL- A 'OGbi� SURVEYOR: NAME::?Mk. R• UrAdirtllt/ PHONE: 1�52' b5) EMAIL: Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively. Please fully explain your answers using additional sheets of paper as necessary. The Proposed Variance will: YES NO Relieve practical difficulties in complying ❑ with the zoning ordinance and that the use is reasonable Correct extraordinary circumstances applicable to this property but not applicable to other property In the vicinity or zoning district L�1 ❑ Be in harmony with the general purposes and intent of the zoning ordinance e ■ Not alter the essential Character of a neighborhood C 2 City of Edina Planning Department Variance for the property at 4515 Browndale Avenue The owners of this 1935 brick colonial home wish to open up a dark, North facing kitchen and eating area by removing an existing attached garage which currently blocks light, views and access to their back yard. The proposed plan is to construct a family room/mudroom addition at the main level of the home, with a flat roof balcony above, similar to one that currently exists over the attached garage. The new addition will follow along the same line as the existing North fagade as the garage did, in order to preserve the second story sunroom above. Because the use of space is changing from an attached garage, which required a 5' side yard setback, to living space, which requires a 10' side yard setback, a variance is being sought for the portion of the addition that will encroach over the required side yard setback. A detached garage proposed for the site respects both the 3' detached garage side and rear yard setbacks, and the 25% total lot coverage requirement. A variance is not required for the garage, but it is shown in the drawings for reference purposes. The proposed Variance will: Relieve practical difficulties in complying with the zoning ordinance and that the use is reasonable Due to the location of the existing second level sunroom, and the wish to preserve it, the new addition sits directly below it to provide structural support along its North fagade. The portion of the addition over the 10' side yard setback is 49.8 square feet, and ranges from 64" to 5'-10" from the property line. A 39 square foot open entry porch on the Northeast corner of the addition will sit approximately 5'-4" from the property line, which meets the city of Edina's 3' setback requirements for an unenclosed porch. Correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district The existing attached garage obstructs access to light and to the backyard from the kitchen. In an effort to improve the connection to the backyard and to increase natural light in the kitchen and through the main core of the home, the homeowners wish to add light filled living space in place of the attached garage on the East side of the home. The wish to preserve a second story sunroom requires the North fagade of the new addition to remain in its current location and sit over the side yard setback. A flat roof on the addition serves as a small balcony off of the second level sunroom, replacing a much larger roof terrace on the garage that is being removed. Be in harmony with the general purposes and intent of the zoning ordinance We believe that the intent of the zoning ordinance is to allow for development and improvement of homes in a manner that maintains safety, character and massing of an existing home unto itself and in its established neighborhood. The proposed addition continues along the line of the existing attached garage, supporting the existing sunroom above. An 11'-4" stretch of the North side of the addition encroaches into the required side yard, and when structural support is no longer needed for the sunroom above, the addition steps back at the open porch, respecting the 10' side yard setback requirement. The removal of the attached garage and the addition of the new family room reduce a very long, flat stretch of the existing North fagade by 16'-9". Not alter the essential character of the neighborhood The new family room and mudroom addition has been carefully designed to respect the scale of the existing home and of the other homes in the neighborhood. The addition will tuck under an existing second floor sunroom, so the overall building height will not change from what currently exists. Traditional materials will be used on the addition and will match the character of the existing home. The proposed addition at 4515 Browndale Avenue seeks to retain the traditional detailing and quality craftsmanship of the 1935 home and of the surrounding historic Country Club neighborhood. APPLICANT'S STATEMENT This application should be processed in my name, and 1 am the party whom the City should contact about this application. By signing this application, I certify that all fees, charges, utility bills, taxes, special assessments and other debts or obligations due to the City by me or for this property have been paid. I further certify that I am in compliance with all ordinance requirements and conditions regarding other City approvals that have been granted to me for any matter. 1 have completed all of the applicable filing requirements and, to the best of my knowledge, the documents and informg4on t have submitted are true and correct. OWNER'S STATEMENT 1 am the fee title owner of the above described property, and I agree to this application. (If a corporation or partnership is the fee title holder, attach a resolution authorizing this apption an behalf of the board of directors or partnership,) Owner's Signature Dale Note. Both signatures are required {if the owner is different than the applicant) before we can process the application, otherwise it is considered -incomplete. LOGISMap Output Page Page I of I 4m 4602 400 47 1 4m 4402 rl7n—::j FP 4w 4500 450 4500 M2 4 m 4503 001 4701 4500 4502 4304 4605 450 4m 4601 46ol 4$02 4W4 4m 4506 4507 1 450345M 4511 4504 4m 4209 406 4807 4508 4512 4SIS 4511 4W9 4510 4515 402 4513 4511 4512 4511 4514 4w 4515 24 4513 4514 010 4516 4516 4517 wwwar 4001 4601 4600 4518 4WI 400 45D9 4520 40011 4102 4602 46004603 4605 4w 46M 405 4604 4602 14AVY 4W$ 4w7 4813 4607 4606 4009 46" 4809 4804 4609 48" 46tl 4610 4901 4611 4610 4611 — 402 4613 4813 4612 4610 4615 46fs 46111 4905 46th 4611 4612 4617 FL 4011 0 401? !14: 4501 4516 /`f I / hUp://gis.logis.org/LOGIS—ArcIMS/ims?ServiceNarne=ed—LOGISMap__QVSDE&ClientV... 4/17/2013 LOGISMap Output Page Page 1 of 1 Z http://gis.logis.org/LOGIS ArcIMS/ims?ServiceName=ed LOGISMap_OVSDE&ClientV... 4/17/2013 LOGISMap Output Page Page 1 of 1 http://gis.logis.org/LOGIS ArcIMS/ims?ServiceName=ed LOGISMap_OVSDE&ClientV... 4/17/2013 Page I of 1 Ilei, I/ file://ed-ntl/citywide/PDSImages/Photos/1802824210041001 jpg 4/17/2013 Page 1 of 1 X 6 file://ed-ntl/citywide/PDSltuages/Photostl802824210042001 jpg 4/17/2013 FRONT VIEW OF 4515 BROWNDALE AVENUE VIEW OF NORTH ELEVATION, SHOWING LINE OF EXISTING ATTACHED GARAGE TO BE REMOVED AND REPLACED WITH SMALLER ADDITION BELOW THE SECOND STORY SUNROOM I , e2 1 } ee rn ,. EXTERIOR VEIW OF EXISTING SECOND LEVEL SUNROOM (TO REMAIN) INTERIOR VIEW OF EXISTING SUNROOM A/0 The Christensen Residence Edina, Minnesota d& WM NOTE: FULL $=SEr.. W X3V. SCALE AS MrW. HALF SCM$Er* 97`X lr. SCALE L49120F NOTED. EXISTING uni for' *ell `T G �9�AA -BRIB 'E J �; EXISTING SITE SURVEY °N1 EXISTING HOUSE Built: 1935, Country Club District Lot Size: 12,520 SF (W80' x 149'x 88'x 157') Structure: 2,690 SF (21 % of allowed coverage) Total Allowed Structure: 3,130 SF (12,520 x.25) w m q N N L OZ -a U E C5 1O W U'> Zd R'L J K 3 L,. a. s0 L o Z a� v W L ttLa ,. J , ID LD W ao s F— PR6lECf P1UlSE van3,ux, so, —M—BER' SURVEYOR, ART A01 SME SURVEY (City of Edina, Land Use, Platting and Zoning PRIMARY STRUCTURE SETBACKS (lots 75'+ wide) 850.11 R-1 Single Dwelling Unit) Front Street: 30' Side Street: 15' BUILDING COVERAGE "Lots 9,000 sf or greater Interior Side Yard: 10' shall be not more than 25 % for all buildings and structures. Rear Yard: 25' On lots with an existing conditional use. If the combined total area occupied by all accessory buildings and structures DETACHED GARAGE SETBACKS excluding attached garages, is 1,000 sf or greater, Side Street: 15' a conditional use permit Is required." Interior Side Yard: 3' Rear Yard: 3' �; EXISTING SITE SURVEY °N1 EXISTING HOUSE Built: 1935, Country Club District Lot Size: 12,520 SF (W80' x 149'x 88'x 157') Structure: 2,690 SF (21 % of allowed coverage) Total Allowed Structure: 3,130 SF (12,520 x.25) w m q N N L OZ -a U E C5 1O W U'> Zd R'L J K 3 L,. a. s0 L o Z a� v W L ttLa ,. J , ID LD W ao s F— PR6lECf P1UlSE van3,ux, so, —M—BER' SURVEYOR, ART A01 SME SURVEY COST U TION yN e D uyyFy i' The Christensen Residence REHKAMP LARSON ARCHITECTS INC. 4515 Browndale Avenue 2732 West 43rd Street, Mpis, MN 55410 Edina, MN 55424 Tel, 612-285-7275 Fax. 612-285-7274 V -1 0 n T N( FOR CONS RUCTION V my C) �o �o //9-/1'X �o8g -31d QN m x a mG) The Christensen Residence REHKAMP LARSON ARCHITECTS INC. 4515 Browndale Avenue 2732 West 43rd Street, Mpls, MN 55410 Edina, MN 55424 Tel. 612-285-7275 Fax. 612-285-7274 I I n� I soE��s� o[1 -;;Q I n � MOTFORCO SIRUCTION 60z Oz �R z The Christensen Residence m REHKAMP LARSON ARCHITECTS INC. 4515 Browndale Avenue 2732 West 43rd Street, Mpls, MN 55410 Edina, MN 55424 Tel. 612-285-7275 Fax. 612-285-7274 II ( .i - + I I I � I I o[1 -;;Q I n � MOTFORCO SIRUCTION 60z Oz �R z The Christensen Residence m REHKAMP LARSON ARCHITECTS INC. 4515 Browndale Avenue 2732 West 43rd Street, Mpls, MN 55410 Edina, MN 55424 Tel. 612-285-7275 Fax. 612-285-7274 a 806YI.PD 6[iBAIX I I I I I I I ► I I I I I I I I I I I ► ► I I I I I I m 4� �m m r T # Q � A n .Q z Z ®I FOR CONSTRUC ION OM e u I �� OVExALLAWrtgtlBmN � � ► ► I I I I I I I I I I I I I I I I I I I I I I I I I I I � I I I I I I I I I I The Christensen Residence m REHKAMP LARSON ARCHITECTS INC. 4515 Browndale Avenue 2732 West 43rd Street, Mpls, MN 55410 C '� Tel. 612-285-7275 Fax. 612-285-7274 I �� OVExALLAWrtgtlBmN � � ► ► I I I I I I I I I I I I I I I I I I I I I I I I I I I � I I I I I I I I I I The Christensen Residence m REHKAMP LARSON ARCHITECTS INC. 4515 Browndale Avenue 2732 West 43rd Street, Mpls, MN 55410 Edina, MN 55424 Tel. 612-285-7275 Fax. 612-285-7274 l`T- - - - - _ - - - - - — iDl!InNI 4515 Browndale Avenue Edina, MN 55424 REHKAMP LARSON ARCHITECTS INC. 2732 West 43rd Street, Mpls, MN 55410 Tel. 612-285-7275 Fax. 612-285-7274 OR NOT FOR STRUCTION CTI 9 m The Christensen Residence REHKAMP LARSON ARCHITECTS INC. 4515 Browndale Avenue 2732 West 43rd Street, Mpls, MN 55410 Edina, MN 55424 Tel. 612-285-7275 Fax. 612-285-7274 - � /-'&Y------------ 1-_ IrTInM rm- p g o The Christensen Residence REHKAMP LARSON ARCHITECTS INC. M m w 1 d 4515 Browndale Avenue 2732 West 43rd Street, Mpls, MN 55410 Edina, MN 55424 Tel. 612-285-7275 Fax. 612-285-7274 Nm • v A az NOT FOR CON;TRUCTION g o g g 9 9 ME s g z The Christensen Residence E REHKAMP LARSON ARCHITECTS INC. 4515 Browndale Avenue 2732 West 43rd Street, Mpls, MN 55410 Edina, MN 55424 Tel. 612-285-7275 Fax. 612-285-7274 //"y NOT FOR CONSTRUCTION mg x �c v z The Christensen Residence 0 REHKAMP LARSON ARCHITECTS INC. 4515 Browndale Avenue 2732 West 43rd Street, Mpls, MN 55410 Edina, MN 55424 Tel. 612-285-7275 Fax. 612-285-7274 � F The Christensen Residence 0 REHKAMP LARSON ARCHITECTS INC. 4515 Browndale Avenue 2732 West 43rd Street, Mpls, MN 55410 Edina, MN 55424 Tel. 612-285-7275 Fax. 612-285-7274 Edina Heritage Preservation Board Minutes April 9, 2013 VII. REPORTS & RECOMMENDATIONS A. Certificates of Appropriateness I. H-13-3 4515 Browndale Avenue -Build a detached garage in the northeast Corner of the rear yard, and convert an attached garage to living space Planner Repya reported that the subject property is located in the northeast corner of Browndale Avenue and Bridge Street. The existing home, a Coi,onial Revival style constructed in 1935, currently has a single story 3 -car attached garage. accessed by a driveway on the south side of the property on Bridge Street. The Certificate of Appropriateness (COA) request entails the`coristruction of a new detached garage in the northeast corner of the rear yard The: plans also include reducing the size of the attached garage and converting it to living spice The proposed 736 square foot 3 -car detached service door and window are provided on the north elevation. Access to the garagewill be south elevation from Bridge Street.`" A new„cu proposed to accommodate the easterly place easterly curb cut will require the existing;curb design of the structure is proposed to compli the walls and an asphalt shingled roof. The'hei highest peak. The helght'at the mid`` -point of TV is provided at the' 'eave line The hip roof the hip roof of the home All.dimensions for surrounding detached. garages, as well as the.t measures 21' 8” x`34,! --,:feet in area. A west elevation and 2 windows<'are shown on the obtained through 3 single overhead doors on the rb cut aril driveway from Bridge Street is Ment of the new garage. The creation of a new cutbe_.removed ;Ms. Repya added that the ment the::'styI of the home with brick cladding on ght of the garage is shown to be 19' 6" at the the gable is shown -to be 14' 6"', and a height of is4esigned with a 10/12 pitch, complementing the proposed structure are consistent with the hree stall garages previously approved by the HPB The proposed location of th''e garage is:,4.5' from the south and west property lines to accommodate the soffit overhang setback of-1feet. Ms. Repya pointed, out that because the subject property is a corner lot, the conversion of the garage to living space; is visible from a street facing facade (Bridge Street) requiring a review of the plans as part of tl%e;COA The new space has been designed to provide a compatible use of the home while at the same:lim" a maintain the home's overall historic character. The square footage of the existing 672 ,:.sq.it. attached garage space will be reduced for the conversion to living space to ensure that the total footprint of the structures on the lot does not exceed the 25% maximum allowed by the Zoning Ordinance. (The existing lot coverage is 21%, and the proposed lot coverage will be 25%). Ms. Repya also explained that a side yard setback variance is required due to a non -conforming side yard setback from the north property line for the garage conversion to living space. It has been the policy for projects requiring both a COA and a variance to first receive the COA; and X:Z_Z Edina Heritage Preservation Board Minutes April 9, 2013 once approved then move on to the Planning Commission for consideration of the variance request. The proposed detached garage complies with the required setback criteria and will not be subject to the variance. Preservation Consultant Robert Vogel reviewed the proposed plans and opined that the design of the proposed new garage meets the general standards for new construction in the Country Club District plan of treatment. The plans submitted with the COA application describe a structure that appears to be compatible in size, scale, building materials, and texture with the historic house. The contemporary design is consistent with to standards for rehabilitation because it is compatible with the size, scale, color, material, and character of the property and the surrounding neighborhood. He added that the proposed "new garage will not have an adverse effect on the historical significance and integrity of the property or the district as a whole; thus he recommended approval. Regarding the proposed conversion of the attach"e that the plans meet the Secretary of the Interior' review guidelines of the district plan of treatment Street thus included in the COA .review. The d appropriate in the Country Club District,, when contemporary use of the property while preser significant to its historical and architectural values significant architecturalGh2 project is completed,;the t that he was pleased `to see the new addition. The pk compatible in,,scale, mate`i garage conversion to;;iing natter defining:features ouse will retain its dist that the;app Iicant prop ins submitted with thE Mals. and `texture with`: I garage to living space, Mr. Vogel observed standards for rehabilitation and the design The new addition will be visible from Bridge .,mo,lition °of attached garages is considered the alteration makes possible an efficient ing those,;, architectural features which are The plans presented demonstrate that no !f the _home will., be destroyed; and when the guishing historical qualities. Mr. Vogel added ses to minimize the size and visual impact of COA application show an addition that is ie rest of the house; thus approval of the Tided. Planner.:Repya concluded that she concurred with Consultant Vogel's evaluation of the proposed improvements to the property;,. noting that the detached garage is consistent with new garages prey"iously reviewe l.in the district and conversion of the attached garage to living space will blend irrwell with the historic fagade of the home; thus, she too recommended approval of the COA.'r,.equest „ Findings supporting the'recoiimendation included: • The plans provided with subject request clearly illustrate the scale and scope of the proposed projects. • The proposed detached garage will complement the architectural style of the home and not be detrimental to the adjacent historic structures. • The addition to the home visible from Bridge Street will preserve the structure's significant architectural character defining features and retain its distinguishing historical qualities. • The information provided supporting the subject COA meets the requirements of the Zoning Ordinance and the Country Club District Plan of Treatment. Z5 Edina Heritage Preservation Board Minutes April 9, 2013 Ms. Repya also recommended the following conditions for approval: • Subject to the plans presented; and The placement of a year built plaque on the exterior of the new detached garage. Architect, Jean Rehkamp Larson was present to represent the applicant. Member Christiaansen asked for clarification of the variance required and whether the homeowner had considered an alternative plan that would notrequire a variance. Ms. Rehkamp Larson explained that the variance is required because the,;:exsting home currently has a non- conforming side yard setback, and there would be no way toredesign the existing attached garage to living space without obtaining a variance Ms. Christiaansen also inquired about the amount of impervious space that would be provided with the proposed plan. Ms. Rehkamp Larson explained that the existing._driveway/curb cut will be removed and the proposed plans will include `a walkway from the detacF ed garage to the rear of the home with a grassy area, and a small patio;within'the lot coverage allowance. Member Mellom asked if the propose' 41 n woul Rehkamp Larson explained that there is a,bouley adversely compromised by the proposed project Bridge Street will be removed to provide`for;;,the A brief discussion ensued among the board mei project, agreeing that Member Melloiim then; built plaque 6e display the motion. All voted o the sul the exterior carried. -quire the loss of any boulevard trees. Ms. Bridge Street that will not be tree along.., le ;added that;the arborvitae hedge along xpressing how much they liked the as well as its surroundings. :t to the plans presented and a year garage. Member Weber seconded 4633 Drexel Avenue -Sketch Plan Review WITHDRAWN B. Edina Heiritage Award Member Mellom reminded the board that she and student members Sarah Good and Nathan Johnson had agreed to take;oriAe task of reviewing the 2013 Heritage Award nominations and recommending an award recipient for consideration by the HPB. Ms. Mellom pointed out that the two following nominations were received: #1 6601 France Avenue — Southdale Center Submitted by Robert L. Moore, HPB Member SUMMARY: Simon Properties has recently completed a massive $19.1 million renovation on Southdale Center. Gone are all the dated teal and gray colors of the 1990s and back in place are many of the wonderful mid-century aspects that harken back to the era during which the 4 A Z_�' City Hall • Phone 952-927.8861 Fax 952-826-0389 - www.CityofEdina.com Dater April 24, 2013 To: Planning Commission From: Cary Teague, Community Development Director Re: Sketch Plan Review — 7151 York Avenue MEMO The Planning Commission is asked to consider a sketch plan request to build a 76 unit assisted living building, attached to the existing Continental Gardens Senior Living apartments at 7151 York Avenue. (See property location on pages Al A5.) The proposal is to create a "senior campus," and build the addition to the east side of the building. The units are described by the applicant as "moderately priced." (See narrative and plans on pages A6—A16.) The building would be four stories tall and be connected by an elevated skyway to the existing twelve (12) story 264 unit apartment building. The existing site is 5.85 acres in size; therefore, the density is 45 units per acre. With the proposed addition of 76 units; the density would increase to 58 units per acre. The property is zoned Planned Senior Residential District —4, PSR -4 and guided High Density Residential. The Comprehensive Plan describes High Density Residential as between 12-30 units per acre. As demonstrated in the table on page 3, the City contains several high density residential developments that exceed 30 units per acre. Prior to the 2008 Comprehensive Plan, there was not a cap number described for High Density Residential. The 1998 Comprehensive Plan described high density residential as "Density and height should be based on proximity to low density uses and level of transit services." The 2008 Comprehensive Plan rendered housing developments that exceed 30 units per acre as noncompliant with the Comprehensive Plan. The Comprehensive Plan that was recommended by the Planning Commission to the City Council in 2008 was to define high density residential as anything over 12 units per acre. The applicant is requesting a Sketch Plan review to solicit comments from the Planning Commission and City Council. Opinions or comments provided to the City of Edina - 4801 W. 50th St - Edina, MN 55424 MEMO applicant shall be considered advisory only, and shall not constitute a binding decision on the request. The following is a compliance table demonstrating how the proposed new building would comply with the PSR -4, Planned Senior Residential -4 Standards. Compliance Table Front - Xerxes 45 feet* Front - York 45 feet* Side - North 45 feet* Side - South 45 feet* 45 feet 300+ feet 75 feet 45 feet Building Height 4 stories or 4 stories & 45 feet 46 feet, whichever is less Building Coverage 35% 16% Density - Comp. Plan 30 units max - per the 340 units** Comprehensive Plan 58 units per acre Density - Zoning 1 unit per 1,400 s.f. 340 units*** Ordinance of land area = 182 units 58 units per acre Floor Area per 500-700 square feet (1 bedroom) Project would be code compliant Dwelling 750-850 s.f. (2 bedroom) Parking Stalls .5 exposed spaces 60 spaces enclosed**** .25 enclosed spaces 156 spaces exposed 1 space per vehicle 1 space per employee (12) *i ** Comprehensive Plan Amendment required (high density residential maximum) *** Variance Required **** Existing nonconforming condition Based on the table above, the proposal would require a site plan review, with a Variance for the proposed Density. In addition, because the Comprehensive Plan only allows up to 30 units per acre as a maximum density, an amendment to the Comprehensive Plan would be required. City of Edina - 4801 W. 50th St. - Edina, MN 55424 MEMO A. r'11 O e " High Density Development in Edina Development Address Units Units Per Acre Yorktown Continental 7151 York 264 45 The Durham 7201 York 264 46 York Plaza Condos 7200-20 York 260 34 York Plaza Apartments 7240-60 York 260 29 Edina Place Apartments 7300-50 York 139 15 Walker Elder Suites 7400 York 72 40 7500 York Cooperative 7500 York 416 36 Edinborough Condos 76xx York 392 36 South Haven 3400 Parklawn 100 42 The Waters Colonial Drive 139 22 The project would be located on York Avenue which is an arterial roadway with transit available. It would be partially blocked from view from York Avenue by the existing building. Traffic & Parking A traffic and parking study would need to be completed to determine impacts on adjacent roadways. 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MMiAtR/A.... "2174M 7127 Uld 71!71421 7427 nm 11277426 7433 NU 74" 7431 7431 f1= 71.157122 744774" 1 Me Iai 74M 740 74397438 7439740 "MT430 \Y\ 144744 1457116 71074" 74457414 7446mO w�ru.wwe..,6 .wxlfooaauo+: 462 y��TWt 7mf7a6o 7144 1702 PID: 3202824210004 7151 York Ave S'; 2fq, a ,6; Edina, MN 55435 . ►0 WE h4� 3 � r n A �i ft 1 i t V r ,r lR �� 1 y � Premier M A N A G E M E N T March 11, 2013 City of Edina Cary Teague Community Development 4801 West 50th Street Edina, MN 55424 Re: Continental Gardens Assisted Living concept plan Dear Mr. Teague, 140 T_ 3550 Labore Road, Suite 10 Vadnais Heights, MN 55110 Ph: (651) 815-0665 Fax: (651) 815-0735 A FULL -SERVICE REAL ESTATE COMPANY It was a pleasure meeting with you last week and we appreciate the development information and guidance you provided. Please find enclosed, information on our proposed Assisted Living project, Continental Gardens. The principals involved in the development are Marvin J. Kotek, an owner of Frerichs Construction, principal of Everwood Development and Everwood Company, and Richard W. Hutsell, president of Premier Housing Management and Legacy Management and Development. Our proposal is to create a senior campus and build on the "back lot" of the Yorktown Continental Apartments with a link to the main apartment building. The plan calls for a moderately priced, affordable alternative to current market rate facilities in Edina. It would be a modestly priced, private pay model with a small set aside for county elderly waiver units if available. The proposed building is a four floors above parking, stick built, 76 unit building with three levels of care: Assisted living: Assisted living apartments with three care service packages available, including housekeeping, meals and medication management. Floor plans are designed for comfort and convenience. ( +G 0.,www.premierhousingmanagement.com Suites: Private apartments with full kitchens and support services for those who have more complex care requirements. A variety of respite and rehabilitative services to ease the transition to daily life after illness or surgery. Staff is on-site 24 -hours -a -day. Memory care The private memory care apartments at Continental Gardens are secure and specially designed for those with mild to moderate memory loss. The area is designed to bring comfort, peace and familiarity to the residents and to provide exceptional care. Proposed Building features and amenities: ➢ Congregate dining, three meals a day and two snack times ➢ Private dining ➢ Therapy pool ➢ Club room ➢ Lounge areas on every floor ➢ Library / Computer room w/ free internet access ➢ Craft room ➢ Theater/ TV Room ➢ Fitness room ➢ Indoor fireplace In closing, our vision and hope is to build a more affordable, yet high quality facility to serve the needs of the resident of the greater Edina community. Thank you for your consideration of our plan. Sincerely, Richard W. Hutsell I1� VIEW LOOKING SOUTHWEST ■CONTINENTAL GARDENS MUM CERMAK RHOADES ARCHITECTS VIEW LOOIOIdG SOUTHEAST CONTINENTAL GARDENS W.11=3 G RHOADES ARCHITECTS VIEW LOOKING NORTHEAST CONTINENTAL GARDENS OVUM CERMAK RHOADES ARCHITECTS « k �[� � :. \� � \; . .��g�. a■E�] #� G�� qe� \� � \< 2 m` 4 Z. � � « .�- ..� _� 2 y »� � 3 »��� � � � % \ \ \ . . . . . , . w, .m. � � ° § ` © : � < � > : � ; }�� ` § m.� « ; : » _ , , y � � � < . , . . �� 7 � � «� « : : , . � J 2 � � \ \ \ \ \ \ \ \ \ � \ \ � � � � �\� ~ \ \ \ \ \ \ \ \ \ \ \ � ©a \ \ \ : ° T � \ : < � � : � � . \ \ \ \ � \ � . � � � \ � � � : . � � � p � 0 VIEW LOOKING NORTH ■CONTINENTAL GARDENS m:»zor3 CERMAK RHOADES ARCHITECTS. 1 SCALE: 1•=60'.O" ■CONTINENTAL GARDENS m,,2ma CERMAK RHOADES ARCHITECTS r i% � � � �. i� �. �� i� COLE:1'=41'-O" ■CONTINENTAL GARDENS mnsma CERMAK RHOADES ARCHITECTS City Hall - Phone 952-927-8861 Fax 952-826-0389 - www.CityofEdina.com Date: April 24, 2013 To: Planning Commission From: Cary Teague, Community Development Director MEMO O e stt! Re: Zoning Ordinance Amendment Consideration — Residential Redevelopment (Issues Identified) Based on the discussion at the April 10, 2013 Planning Commission meeting, attached is a draft of an ordinance amendment that would regulate the issues discussed on April 10'. A summary of the Ordinance is as follows: ➢ Regulations for drainage, retaining walls and site access. The Ordinance makes the drainage regulations clear; prohibits redirection of water to adjacent properties; requires a building permit and a three foot setback for retaining walls taller than four feet; and requires a three foot pedestrian access from a front yard to a rear yard. ➢ Building Coverage. Building Coverage has been revised to be uniform throughout the City. Building coverage shall be 25%. Building coverage for lots in an Edina Heritage Landmark District that are less than 9,000 square feet in size may remain with a 30% building coverage. Building Coverage requirements. Building Coverage requirements have been moved to one place within the Ordinance. ➢ Side Yard Setbacks. (See examples on pages A I b—A I e.) Requirements have been revised as follows: Lots 49 feet wide or less = 5 feet on each side Lots 50-59 feet wide = 12 feet total, with no less than 5 feet on one side. Lots 60-74 feet wide = Increase the required setback 4 inches for each foot the lot exceeds 60 feet, with no less than 6 feet on one side. Lots 75 feet wide and above = No change; 10 feet on each side. Revisions increase the side yard setback requirement by two feet for all lots 5-74 feet in width. The second story setback increase based on height has been eliminated. City of Edina - 4801 W. 5" St. - Edina, MN 55424 MEMO Building Height. Maximum height to the ridge line for lots less than 75 feet in width has been reduced from 35 to 30 feet. Lots over 75 feet in width remain 35-40 feet. (See attached examples on page A I and A I a for what the height regulation might look like.) ➢ Egress windows wells now require a 5 -foot setback.. A Nonconforming Front yard setback. For a lot with an existing dwelling unit with a nonconforming front street setback, the existing nonconforming front street setback may be maintained for an addition or a tear down and rebuild of a new home, as long as the new construction is not closer to the front lot line than the existing nonconforming structure and shall not be closer than 30 feet to the front lot line. Front Facing Garage. A front facing garage on lots less than 75 feet in width. Garage doors that face a public street shall be no more than nine (9) feet in height and twenty-four (24) feet in width and shall not exceed 509/0 of the width of the principal structure. (See attached examples on pages A2—A6d.) Attached are examples of this regulation from Lacy Washington, Plainfield Indiana, Portland Oregon, Minneapolis and St. Paul. (See pages A2 A6,) ➢ Sidewall Articulation for a Principal Structure. The following language is suggested: A side wall of any building shall not extend in an unbroken plane for more than twenty-five (25) feet along a side lot line without a projection or recession of at least four (4) feet in depth and ten (10) feet in length. This regulation was taken from a proposal in the City of Wayzata. The City considered this as a code amendment, but it was NOT adopted. Attached are other examples of "articulation" requirements from the City of Alamo Heights, and Los Angeles. (See pages A7 Al2.) A Accessory Buildings and Structures Used for Dwelling Purposes. This provision is stricken, as the City Code does not allow accessory building to be used for dwelling purposes in the R- I District. ➢ Tree Ordinance. As requested by the Planning Commission, attached is the draft Ordinance from Energy and Environment Commission (See pages A13—A23) and the City of Minnetonka Ordinance. (See pages A24—A38.) City of Edina • 4801 W. 50ch St. • Edina, MN 55424 Draft 4-19-2013 ORDINANCE NO. 2013 - AN ORDINANCE AMENDMENT REGARDING THE R-1, SINGLE - DWELLING UNIT DISTRICT REQUIREMENTS FOR BUILDING COVERAGE, SETBACK AND HEIGHT The City Council Of Edina Ordains: Section 1. Subsection 850.07. Subd. 7. is hereby amended as follows: Subd. 7. Drainage, Retooling Wails $ Ate, 1 Oin +'r drainsdt EN OrVon*Wvelflara, Surface water runoff shall be properly channeled into storm sewers, watercourses, ponding areas or other public facilities. All provisions for drainage, including storm sewers, sheet drainage and swales, shall be reviewed and approved by the engineer prior to construction or installation. Section 2. Subsection 850.11. Subd. 6. is hereby amended as follows: Subd. 6 Requirements for Building Coverage, Setbacks and Height. A. Building Coverage. Lots 0,000 SquaFe Feet OF GFeateFin . Building coverage shall be not more than 25 percent for all buildings and structures. On lots with an existing conditional use, if the combined total area occupied by all accessory buildings and Existing text — XXXX Stricken text — XXXX Added text — structures, excluding attached garages, is 1,000 square feet or greater, a conditional use permit is required. 2. Lots Less Than 9,000 Square Feet in Area" . ,kl hi Lrt r `att Building coverage shall be not more than 30 percent for all buildings and structures, provided, however, that the area occupied by all buildings and structures shall not exceed 2,250 square feet. 3- The combined total area occupied by all accessory buildings and structures, excluding attached garages, shall not exceed 1,000 square feet for lots used for single dwelling unit buildings. +, Existing text— XXXX 2 Stricken text —XYM Added text— 100i B. Minimum Setbacks (subject to the requirements of paragraph A. of Subd. 7 of this Subsection 850.11). Existing text — XXXX Stricken text— Added text— Front Street Side Interior Side Rear Street Yard Yard 1. Single dwelling 30'** 15' 10' 25' unit buildings on Lots 75 feet or more in width. 2. Single dwelling 30'** 15' The required 25' unit buildings on interior yard lots more than 60 setback of 6 feet in width, but feet is i less than 75 feet 1 shall in width. increase by 1/3 foot (4 inches) 06 voo for each foot that the lot width exceeds 60 feet. t+1 Wim AW11"O' ont 3. Single dwelling 30'** 15' GL— Ir t" 25' unit buildings on j WU beton $0, on one OW 60 feet eF sdt less in width. tnjt buildt let -Ifts, tsar+ fit In width. Existing text — XXXX Stricken text— Added text— 4. Buildings and structures accessory to single dwelling unit buildings: a. detached -- 15' 3' 3' garages, tool sheds, greenhouses and garden houses entirely within the rear yard, including the eaves. b. attached garages, tool 30' 15' 5' 25' sheds, greenhouses and garden houses. c. detached garages, tool -- 15' 5' 5' sheds, greenhouses and garden houses not entirely within the rear yard. d. unenclosed decks and patios. 30' 15' 5' 5' e. swimming pools, including 30' 15' 10' 10' appurtenant equipment and required decking. f. tennis courts, 30' 15, 5' 5, basketball courts, sports courts, hockey and skating rinks, and other similar recreational accessory uses including appurtenant fencing and lighting. Existing text — XXXX 4 Stricken text -X)= Added text—M1 g. all other 30' 15' 5' 5' accessory buildings and structures. h. VR w *W C. Height 1. Single dwelling units buildings and structures accessory thereto. 2. Buildings and structures accessory to single dwelling unit buildings, but not attached thereto. 3. All other buildings and structures 2'/ stories 1 '/ stories or 18 feet whichever is less 3 stories or 40 feet whichever is less 4. The maximum height to the highest point on a roof of a single or double dwelling unit shall be 3630 feet t IMA th ' 1OO 16 Stift; the maii m, hetes f0 the dd& One S 11 % . � the maximum height may be increased by one inch for each foot that the lot exceeds 75 feet in width. In no event shall the maximum height exceed 40 feet. Section 4. Subsection 850.11. Subd. 7.A. is hereby amended as follows: Subd. 7 Special Requirements. In addition to the general requirements described in Subsection 850.07, the following special requirements shall apply. A. Special Setback Requirements for Single Dwelling Unit Lots. 1. Established Front Street Setback. When more than 25 percent of the lots on one side of a street between street intersections, on one side of a street that ends in a cul-de-sac, or on one side of a dead end street, are occupied by dwelling units, the front street setback for any lot shall be determined as follows: Existing text — XXXX 5 Stricken text — XXXX Added text —. � . a. If there is an existing dwelling unit on an abutting lot on only one side of the lot, the front street setback requirement shall be the same as the front street setback of the dwelling unit on the abutting lot. b. If there are existing dwelling units on abutting lots on both sides of the lot, the front street setback shall be the average of the front street setbacks of the dwelling units on the two abutting lots. c. in all other cases, the front street setback shall be the average front street setback of all dwelling units on the same side of that street. 2. Side Street Setback. The required side street setback shall be increased to that required for a front street setback where there is an adjoining interior lot facing on the same street. The required side street setback for a garage shall be increased to 20 feet if the garage opening faces the side street. 3.4 -Rear Yard Setback Interior Lots. If the rear lot line is less than 30 Existing text — XXXX 6 Stricken text — XXXX Added text — feet in length or if the lot forms a point at the rear and there is no rear lot line, then for setback purposes the rear lot line shall be deemed to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the midpoint of the front lot line to the junction of the interior lot lines, and at the maximum distance from the front lot line. 4. Rear Yard Setback - Corner Lots Required to Maintain Two Front Street Setbacks. The owner of a comer lot required to maintain two front street setbacks may designate any interior lot line measuring 30 feet or more in length as the rear lot line for setback purposes. In the alternative, the owner of a corner lot required to maintain two front street setbacks may deem the rear lot line to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the junction of the street frontages to the junction of the interior lot lines, the line segment being the maximum distance from the junction of the street frontages. 5. Through Lots. For a through lot, the required setback for all buildings and structures from the street upon which the single dwelling unit building does not front shall be not less than 25 feet. B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling unit shall be erected, placed or used on any lot unless the lot is subdivided into two or more lots pursuant to Section 810 of this Code. Existing text — XXXX 7 Stricken text — XXXX Added text— OWN N. B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling unit shall be erected, placed or used on any lot unless the lot is subdivided into two or more lots pursuant to Section 810 of this Code. Existing text — XXXX 7 Stricken text — XXXX Added text— C. Basements. All single dwelling unit buildings shall be constructed with a basement having a gross floor area equal to at least 50 percent of the gross floor area of the story next above. The floor area of accessory uses shall not be included for purposes of this paragraph. D. Minimum Building Width. No more than 30 percent of the length, in the aggregate, of a single dwelling unit building shall measure less than 18 feet in width as measured from the exterior of the exterior walls. E. Parking Ramps Prohibited. No parking ramp shall be constructed in the R 1 District. F. Temporary retail sales of evergreen products from Conditional Use properties 1. The Manager may grant a permit for temporary retail sales of evergreen products, if: a. the owner of the property or other non-profit group approved by the owner conducts the sale. b. the duration of the sate does not exceed 45 consecutive days and does not start before November 15 in any year. c. the sale area is located in a suitable off-street location that does not interfere with traffic circulation on the site or obstruct parking spaces needed by the principal use on the site. d. the sale area is not located within 200 feet of a property zoned and used for residential occupancy. e. the hours of operation do not extend beyond 10:00 p.m. f. signage is limited to one sign per street frontage with an aggregate sign area not exceeding 100 square feet. G. Additions to or replacement of, single dwelling unit buildings and buildings containing two dwelling units. For additions, alterations and changes to, or rebuilds of existing single dwelling unit buildings and buildings containing two dwellings, the first floor elevation may not be more than one foot above the existing first floor elevation. if a split level dwelling is torn down and a new home is built, the new first floor or entry level elevation may not be more than one foot above the front entry elevation of the home that was torn down. Subject to Section Existing text — XXXX 8 Stricken text —XXXX Added text 850.11 Subd. 2. I. the first floor elevation may be increased more than one (1) foot. The provisions of this paragraph shall apply to all single dwelling unit buildings and buildings containing two dwelling units including units in the flood plain overlay district. Any deviation from the requirements of this paragraph shall require a variance. Attached are examples of this regulation from Lacy Washington, Portland Oregon, Plainfield Indiana, Minneapolis and St. Paul. The above regulation (I) is from the City of Wayzata. They considered this as a code amendment, but the City Council did NOT adopt it. Attached are other examples of "articulation" requirements from the City of Alamo Heights, and Los Angeles. Section 4. This ordinance is effective immediately upon its passage and publication. First Reading: Second Reading: Published: ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor Existing text — XXXX 9 Stricken text —4 Added text — XM Debra A. Mangen, 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 , 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this City Clerk Existing text — XXXX Stricken text — XXXX Added text — * day of , 2013. 10 Debra A. Mangen, 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 , 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2013. City Clerk Existing text — XXXX 10 Stricken text —X Added text — V, lit Tj Ail V, li ' I EC YW PLEI ,4RM:(,PT06 Z#,A ' f BZ& 0 2 % ltaZ 't t'° f 26� 101 025444111 P9606164 Cooc ,3s IA 30 Sb' fat I IST I la6 Co OE J $n- fOor LOTS CoTTO sf� FROG50 copE Sq' Sto F06T .35 EXISTINC toOE , 10 a� 30 LOTS (7,9CS S.F.J d� le t3� 31 (•�s S� V6 sso, loos-bs .LO �o� p�so�o�a /0 1 �neaPp115 537.50. Maximum height. (See height definition and Maximum Height Diagram.) (a) In general. The maximum height for all accessory structures shall be limited to the maximum height requirements for principal structures in the district in which the accessory structure is located, except as otherwise provided in this zoning ordinance. (b)Accessory structures located in the residence and OR] Districts. A detached accessory structure, accessory to a principal use located in a residence or ORI district shall not exceed the height of the principal structure or twelve (12) feet, whichever is less. The maximum height may be increased to sixteen (16) feet or the height of the principal structure, whichever is less, where the primary exterior materials of the accessory structure match the primary exterior materials of the principal structure and the roof pitch matches the primary roof pitch of the principal structure, and provided the wall height shall not exceed ten (10) feet from the floor to the top plate. (c) Accessory structures located in an other districts. Structures accessory to a structure originally designed or intended as a single or two-family dwelling or a multiple -family dwelling of three (3) or four (4) units, shall not exceed the height of the principal structure or twelve (12) feet, whichever is less. The maximum height may be increased to sixteen (16) feet or the height of the principal structure, whichever is less, where the primary exterior materials of the accessory structure match the primary exterior materials of the principal structure, and provided the wall height shall not exceed ten (10) feet from the floor to the top plate. 537.60. Maximum floor area. (a) In general. The floor area of any accessory structure shall be included in the total allowable floor area permitted on the zoning lot. (b) Accessory uses and structures located in the residence and ORI Districts. (1) Single and two-family dwellings. The maximum floor area of all detached accessory structures, and any attached accessory use designed or intended to be used for the parking of vehicles, shall not exceed six hundred seventy-six (676) square feet or ten (10) percent of the lot area, whichever is greater, not to exceed one thousand (1,000) square feet. Detached accessory structures greater than six hundred seventy-six (676) square feet in area shall utilize primary exterior materials that match the primary exterior materials of the principal structure and the roof pitch shall match the roof pitch of the principal structure. (2) All other uses. The maximum floor area of all detached accessory structures, and any attached accessory use designed or intended to be used for the parking of vehicles, except for a parking garage within the building, entirely below grade or of at least two (2) levels, shall not exceed six hundred seventy-six (676) square feet or ten (10) percent of the lot area, whichever is greater. (c) Accessory uses and structures located in all other zoning districts. The maximum floor area of all detached accessory structures and any attached accessory use designed or intended to be used for the parking of vehicles, accessory to a structure originally designed or intended as a single or two-family dwelling or a multiple - family dwelling of three (3) or four (4) units, shall not exceed six hundred seventy- six (676) square feet or ten (10) percent of the lot area, whichever is greater. 537.80. Distance from dwelling. No detached accessory building or open parking space shall be located closer than six (6) feet from a dwelling of any type. Detached parking garages serving residential uses shall be located entirely to the rear of the principal residential structure. 535.90. Minimum size and width, principal entrance and windows, and. location of attached garage regUirements for residential uses. (c) Attached garage facing the front lot line. Attached accessory uses designed or intended for the parking of vehicles accessory to single and two-family dwellings and multiple -family dwellings of three (3) and four (4) units shall extend no more than five (5) feet closer to the front lot line than the facade of a habitable portion of the dwelling when the garage door or doors face the front lot line. In addition, the width of the garage wall facing the front lot line shall not exceed sixty (60) percent of the width of the entire' structure. s 535.280. Obstructions in required yards2 (See Required Setbacks Diagrams.) (d) * Interior side yards for detached buildings accessory to dwellings. The interior side yard requirement for a detached accessory building 2 A minimum 6 -inch setback from the property to the eave edge is also required. The building code may require a larger setback or shorter eave based on distance to property line. W Lacey Municipal Code Page 1 of 1 ,�, // L TABLE 14T-25 (Referred from LMC 14.23.072) Garage doors may not occupy more than 60% of the ground flour facade Garage doors facing the street may not occupy more than sixty percent of the ground floor facade. View Web Version http://www.codepublishing.com/WAILacey/mobile/index.pl?pg=Laceyl4T/Laceys 4T25.ht... 4/18/2013 ,n Of Plainfield, IN f. Additional Siding Materials: Those portions of a wall area not required to utilize a brick or stone veneer may use other durable siding materials. Siding materials such as: "HARDIPLANK(R)" Siding by James Hardie, "Weatherboard(R)" by Certaintsed, or other similar fiber cement products; wood clapboard siding; wood beaded siding; or, stucko/dryvit/E.I.F.S, shall be considered acceptable siding materials. Aluminum siding less than 0.024 thickness shall not be permitted (except in soffit areas). Vinyl siding shall not be permitted (except in soffit areas), unless complying with provisions of Table 7A - Specifications for Use and Installation of vinyl Siding. g. Compatibility of Garages: Garages should use exterior siding materials and architectural elements consistent with and In the same proportions as required for the primary building. If a residential developer / builder desires to not follow the basic standards desired by the Town of Plainfield for single family or two family residential developments, then the design guidelines and design features set forth below are recommended. S. Design Guidelines and Design Features. The Town of Plainfield encourages developers / builders to use the following guidelines to create variety and interest in all elevations of a home. The Town also strongly encourages builders to exceed the recommendations contained in these guidelines on all model homes built In a subdivision. Garages - Ail single family dwellings and two family dwellings with accessory rages, either detached or attached, should comply with the following a. Design Features for One or Two Car Garages - AN one or two car garages, either detached or attached, should utilize at least one (1) of the following throe (3) design features: z (1) Garage OffSet - Development of single family dwellings or two family dwellings in which the front facade of an attached or detached front loading garage is offset and stepped back from the front building One by at least ten (10) feet. (2) Garage as Percent of Facade - Garage doors shall not v comprise more than forty (40) percent of the linear length of the ground floor, street facing facade of the primary building containing a dwelling unit. (3) Side or Rear Loaded Garages- Utilization of a side loaded or rear loaded garage to minimize the impact of the garage doors on the streetscape. (See pages 2-2 and 2-3 of the pdf version of this section for photographs and drawings of appropriate design features for One or Two Car Garages.) b. Additional Design Features: (1) More than Two -Car Garages - No more than two (2) one -car garage doors nor one (1) two -car garage door should be located on the same architectural plane of a front elevation. Architectural planes for additional sets of garage doors on a front elevation should be off -set by a minimum of twelve (12) Inches. (2) Maximum Driveway Width - No driveway should exceed twenty (20) feet in width at the sidewalk. Page 2 of 7 http://townofplainfield.comlmainlindex.php?dept=2&action=l 5&subtype=42&page=l &id... 4/18/2013 DEPARTMENT OF SAFETY AND INSPECTIONS Ricardo X. Cervantes, Director CITY OF SAINT PAUL 3 7S Jackson Street, Silite220 Telephone: 651-266-8989 Christopher B. Coleman, Mayor Saint Paul, Minnesota 55101-1806 Facsimile: 651-266-9124 Web: www.s"1.gov/dst ZONING REGULATIONS FOR RESIDENTIAL USES GARAGE, SHED, ACCESSORY STRUCTURES AND PARKING SPACES Sec. 63.501. - Accessory buildings and uses. Accessory buildings, except as otherwise provided in this code, shall be subject to the following regulations: (a) When the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this code applicable to main buildings. (b) Accessory buildings, structures or uses shall not be erected in or established in a required yard except a rear yard. The following additional standards shall apply to residential parking: (1) Access to off-street parking shall be from an abutting improved alley when available, except where it is determined in the review of a site plan application that there are circumstances unique to the property that make this impractical, unreasonable, or harmful to the public safety. On comer lots, access to parking may be from the side street. (2) Off-street parking spaces shall not be located within the front yard. (3) Garages shall be set back from the front lot line at least as far as the principal structure (in the case of attached garages, this refers to the non-garago part of the structure). Except in the rear yard, garage doors that face a public street shall be no, more than nine (9) feet in height and shall not exceed sixty (60) percent of the width of the principal structure facing the same street. (5) Passenger vehicles may be parked on an approved driveway in front or side yards provided the driveway leads to a legal parking space. (c) On corner lots, accessory buildings, structures or uses shall be set back from the street a distance equal to that required of the principal structure. When an accessory building, structure or use is constructed in it rear yard which adjoins a side yard or front yard, the accessory building, structure or use shall be set back from the interior lot line a distance equal to the minimum side yard required of the principal structure. On all other lots, accessory buildings shall be setback at least three (3) feet from all interior lot lines, and overhangs shall be set back at least one-third (1/3) the distance of the setback of the garage wall or one (1) foot, whichever is greater. (d) This setback requirement from all interior lot lines -for accessory buildings in rear yards shall be waived when a maintenance easement is recorded as to the affected properties, when proof of such recorded easement is provided at the time of application for a building permit and when the accessory building is located at least three (3) feet from any building on an adjoining lot. The recording of the maintenance easement shall be interpreted to mean that W m 4 1,v �Q k M Q) 4-j :3 4-J V) V) U U u 4-J Cu c ro V 4-d 4-j cn v ca 4-J 4-J m 4-1 Ln Co Q. Q) Q) 4--J Ln 4-1 CB0 Q) 4-1 4-J W 4-j C4--1 G) Ln 4-d u L- Q) 4--J •w F- 0 (1) — (3) 4-J x Ln u L/) 4-j Q) Q) ul) •4--J U-) U 4-,J Z3 Co Q) Q) Q) u M L) X 4--J 0 co UZ wL/) 4-J C: cn 0 m 4 1,v �Q Recommended Code Changes 33.130 Commercial Zones 3 Length of street -facing garage wall. a Generally. The length of the garage wall facing the street may be u12 to 50 percent of the length of the street -facing building facade. See Figure 130-3 On corner lots, only one street -facing garage wall must meet this standard. Figure 130-3 Length of Street -Facing Garage Wall I I I I GARAGE DWELLING j j UNIT j I j I j 50% I j Maximum j I � I � Front j lot line j I STREET Base Zone Design Standards: City Council Adopted Report July 27, 1999 4 G4 Page 109 Comment 33.130.250.E. Garages (continued) 3.b. Exception. All houses—regardless of their width—are guaranteed a 12 ft. wide attached garage. On buildings less than 24 ft. wide, if the garage exceeds more than 50 percent of the length of the building's street -facing fa§ade, then there must be interior living area or a covered balcony above the garage. The balcony or living area may not be located more than 4 feet behind the garage wall. This dimension is required to ensure that these areas above the garages are large enough to bring the living area of the house closer to the street on narrow houses where,the garage dominates the length of the street -facing facade. Figures 130-4. This figure will be included in the Zoning Code. It illustrates a typical development scenario of a dwelling less than 24 ft. wide that meets the length of street -facing garage wall standard by providing living area over the garage. July 27, 1999 Base Zone Design Standards: City Council Adopted Report 4 c L Page 110 Recommended Code Changes 33.130 Commercial Zones b Exception Where the street -facing facade of the building is less than 24 feet long, the garage wall facing the street may be up to 12 feet long if there is one of the following. See Figure 130-4. ,(1) Interior living area above the garage The living area must be set back no more than 4 feet from the street -facing garage wall,or ,(2) A covered balcony above the garage that is: • At least the same length as the street -facing garage wall: • At least 6 feet deep; and • Accessible from the interior living area of the dwelling unit. Figure 130-4 Length of Street -Facing Garage Wall Exception Interior living area .6mjp nn gage 12 ft. Maximum Less than 24 ft. Front elevation Interior living area OBabove garage FF_7 11 FEA ® S7 4 ft, or legs from front of garage wall Left side elevation Base Zone Design Standards: City Council Adopted Report July 27, 1999 r' Page 111 Commentary 33.130.250.E. Garages (continued) 4.a. Generally. The street lot line setback garage standard requires that the garage be no closer to the street than the longest street -facing wall of the dwelling unit. (The Zoning Code describes the dwelling unit as the portion of a building that is living area. The garage is not included; it is an accessory structure.) Requiring the garage to be flush with, or behind, the longest street -facing wall of the dwelling unit ensures that the living areas are as close, or closer, to the street than the garage. This strengthens the connection the living areas have to the public realm. Initially, the proposed standards required the garage to be at least 3 ft. behind the longest street -facing wall of the dwelling unit. The Planning Commission changed the general requirement to allow a garage to be flush with the street -facing wall. The Planning Commission made these changes based on public testimony they heard. Their recommended standard allows more design flexibility. Figure 130-5. This figure will be included in the Zoning Code. It illustrates a typical development scenario that would meet the street lot line setback standard for garages. Although the garage is flush with the longest street -facing wall of the dwelling unit, it could also be located behind it. Base Zone Design Standards: City Council Adopted Report July 27, 1999 Page 112 Recommended Code Changes 33.130 Commercial Zones 4 Street lot line setbacks. a Generally,A garage wall that faces a street may be no closer to the street lot line than the longest street -facing wall of the dwelling unit. See Figure 130-5. July 27, 1999 Figure 130-5 Street Lot Line Setback GARAGE ' DWELLING UNIT Main Street -facing wall of dwelling unit I Front lot line Sidewalk 5TREET Base Zone Design Standards: City Council Adopted Report 4,e Page 113 Single -Family Districts Zoning Code City of Alamo Heights Code of Ordinances five (25) feet, except as specifically provided in section 3-81, special front yard regulations. Maximum front yard setback No building, structure or use shall hereafter be located, erected or altered in the SF -A District so as to have a greater front yard than thirty (30) feet. SF -A and SF -13 Districts. Main Structure Articulation: The maximum exterior front wall plane width without a minimum of a two (2) foot by ten (10) foot offset is thirty (30) feet or a combination of one (1) of the following architectural or utilitarian features every thirty (30) feet to break up the monotony of the facade: 1. Projecting bay or box windows, cantilevered, rather than supported by a permanent foundation (not to exceed twenty- five (25) percent of the fagade length) 2. Stoops 3 0 Single -Family Districts Zoning Code City of Alamo Heights Code of Ordinances 3. Porches (covered and unenclosed) t'• 4. Balconies 5. Structural window awnings or canopies 6. Roof dormers 4 ingle-Family Districts Zoning Code ity of Alamo Heights Code of Ordinances 7. Pilasters 8. Chimneys (minimum depth of one (1) foot and not to exceed twenty-five (25) percent of the fagade) 9. A second -story roof overhang (at least twenty-five 25 percent of the fagade length) ngle-Family Districts Zoning Code ty of Alamo Heights Code of Ordinances Exception: A one-story unenclosed roofed front porch up to fifteen (15) feet in height may encroach into the required front yard setback up to six (6) feet if it is at least six (6) feet deep. (Ord. No. 1750-C, § 2,1-28-08) Sec. 3-15. - Side yard setbacks and side articulation. SF -A and SF -B Districts. No building, structure or use shall hereafter so as to have a smaller side yard on each side of a building than hereinafter specified, except as specifically provided in section 3-82, special side yard regulations. (1) The minimum side yard setback for the main structure on the driveway side is ten (10) feet. (2) The minimum side yard setback for the main structure on the non -driveway side is six (6) feet. (3) The minimum side yard setback for an accessory structure is three (3) feet. MMin Structure Articulation: The maximum exterior side wall plane width without a minimum of a two (2) foot by ten (10) foot offset is thirty (30) feet or a combination of one (1) of the following architectural or utilitarian features every thirty (30) feet to break up the monotony of the fagade: 1. Projecting bay or box windows cantilevered, rather than supported by a permanent foundation (not to exceed twenty- five (25) percent of the fagade length) 2. Stoops (not to exceed twenty-five (25) percent of the fagade) 3. Porches (covered and unenclosed, not to exceed twenty-five (25) percent of the fagade) 4. Chimneys (minimum depth of one (1) foot and not to exceed twenty-five (25) percent of the fagade) 5. Structural window awnings or canopies (not to exceed twenty-five (25) percent of the fagade) 6. Roof dormers 6 AID gle-Family Districts Zoning Code of Alamo Heights Code of Ordinances 7. Pilasters 8. A second -story roof overhang (at least twenty-five 25 percent of the facade length) 9. Porte-cocheres (see definition in Sec. 3-2 and Sec. 3-21. Required Off -Street Parking exception #4) Exception: The minimum an air conditioning unit or pool unit can be located from a property line or fence is three (3) feet and air conditioning units must be located as close as possible to a main or accessory structure. (Ord. No. 1750-C, § 2, 1-28-08) Sec. 3-16. - Rear yard setbacks. SF -A and SF -13 Districts. No building, structure or use shall hereafter be located, erected or altered so as to have a smaller rear yard than hereinafter specified, except as specifically provided in section 3-83, special rear yard regulations. (1) The minimum rear yard setback for the main structure is twenty (20) feet for the first story and thirty (30) feet for a second story. (2) The minimum setback of a garage from a main structure is four (4) feet. (3) The minimum rear yard setback of an accessory structure is three (3) feet. Exceptions: (1) The minimum an air conditioning unit or a pool unit can be located from a property line or fence is three (3) feet and air conditioning units must be located as close as possible to a main or accessory structure. (2) For purposes of calculating rear yard setbacks for th.e main structure, a covered breezeway attached to both the accessory and main structures shall not be considered part of the main structure. The breezeway must be no more than eight (8) feet wide and twelve (12) feet tall, must be unenclosed, must be 7 CPC-2007-106-CA—Attachment II Page 3 This ordinance also prevents the irreversible adverse impacts associated with the. new construction and additions at the current 3:1 FAR which result in out -of -scale structures that will otherwise be permitted by -right, and further degrade the quality of life in existing single-family residential neighborhoods. Another reason for the proliferation of out -of -scale structure is the use of Buildable Area to determine maximum development potential on a single-family zoned lot. The proposed solution utilizes the lot area as a base from which FAR is determined, rather than the Buildable Area currently used in the Municipal Code. By tying development potential directly to lot size and to individual zones, the ratio of house size to lot size is maintained proportionally across different lot sizes within each zone, and the development standards for each of the eight zones are further distinguished. New Floor Area Ratios for Each Single -Family Zone There are eight distinct single-family zones affected by the proposed ordinance. The proposed solution reflects the differences in the eight zone designations and establishes a base floor area ratio for each zone, based on lot size. As a direct result, two-story structures will automatically have larger setbacks than single - story structures of the same floor area. Under the current code standards, setbacks do not increase by default as the lot size increases. This has resulted in the construction of two-story homes on large lots with little air space between neighboring structures. To remedy this, the reduced floor area ratio is tied directly to lot size and is in addition to setback requirements in the zone, resulting in larger setbacks on two-story structures. The new base Floor Area Ratios ranging from 0.25:1 on RA lots to 0.5:1 on R1 lots respect the characteristics of these zones and address most of the factors that contribute to Mansionization. -rArticulation Bonus ` The purpose of the Articulation Bonus is to encourage quality design of single- family homes. There are. two ways of achieving the bonus. The Proportional Stories method allows for slightly larger two-story structures by granting a floor area bonus of 20% of the maximum Single -Family Residential Floor Area as long as the stories other than the Base Floor are not greater than seventy-five percent of the Base Floor. This tool will provide a floor area incentive that encourages articulation by requiring that the second floor be smaller than the first floor, thereby changing the perception of size and scale of a structure. The Facade Modulation Bonus allows for slightly larger two-story structures by granting a floor area bonus of 20% of the maximum Single -Family Residential Floor Area as long as 25% of the building frontage facing the street is stepped back from the front fagade by a minimum of 20% of the total building depth. To ensure that the FAR reduction does not result in inequitable restrictions on substandard R1 lots,. the Bonus is raised to 30% in order to allow for reasonably -sized homes that are also well-designed on the exterior. Both the Proportlonal Stories method and the Facade Modulation method are flexible in terms of design, allowing the property owner to determine where this area is to be used. b) Amend Height Limits for Single -Family Zones Roofs are a defining characteristic of single-family homes; articulated roofs add visual interest to a structure and provide transitions between properties. Therefore, the proposed ordinance establishes new standards to differentiate between sloped and flat roofs. The proposed ordinance lowers the allowable City of Edina Ordinances Related to Trees Revised 3-06-13 Section 810 - Plats and Subdivisions 810.09 Application; Fees; Charges; Application Requirements, Subd. 4 Application Data. The applicant shall file with the application the following information which is required for all proposed plats and subdivisions, and which shall be shown on the proposed plat or subdivision or other accompanying document: Y. The number and location of overstory trees then existing on the property proposed to be disturbed by public or private improvements, having a diameter of six inches or more as to deciduous trees, and having a height of six feet or more as to coniferous trees. History: Ord 804 adopted 12-13-89; amended by Ord 1998-5 8-26.98, Ord 2006-01, 03-06.06; Reference: M.S. 462, 505; Cross Reference: Sections 445, 850; Subsections 100.09, 850.21 Section 830 - Tree Removal, Grading and Excavations 830.01 Purpose. The Council finds and declares that the lands and vegetation of the City are a valuable resource requiring protection from the effects of urbanization. The purpose of this Section is to regulate land disturbing activities to prevent undue loss of the urban forest reduce erosion and sedimentation and enhance the natural beauty of the City in the interest of the health, safety and welfare of the residents. 830.02 Definitions. Subd I Terms Defined in Section 850. The following terms shall have the meanings stated in Section 850 of this Code: District. Lot. Parcel. t Principal Building. R-1 District. R-2 District. Subd 2 Terms Defined in this Section. Unless the context clearly indicates otherwise, the following terms shall have the meanings as stated: Earth. Soil, rocks, rip -rap, gravel, sand, soil, and all similar material. Grading. Any movement of earth, including without limitation, any excavation, stockpiling, land disturbing activity, cutting, filling, or any combination of movement Open Pit or Excavation. Any grading creating a depression exceeding 200 square feet in area, the bottom or lowest point of which is two feet or more below the immediately adjoining unexcavated land. A swimming pool as defined by Section 450 of this Code is not an open pit or excavation for purposes of this Section. 1 Tree. A woody, perennial plant usually with one main stem or trunk and with many branches, which has a diameter of greater than six inches when measured at a point four feet above ground level. 830.03 Activities Requiring a Permit. Except as provided in Subsection 830.04, no person shall engage in any of the following activities without fust obtaining a permit: Subd. 1 Tree Removal. Removal of a living tree or trees from a lot or parcel not improved with a principal building. Subd. 2 Grading. Grading in connection with any one project involving more than: Ten cubic yards of earth in the aggregate on a lot located in the R-1 District or R-2 District which lot is used or intended to be used for a single dwelling unit or double dwelling unit building. 100 cubic yards of earth in the aggregate on two or more lots in the R-1 District or R-2 District, or on any lot, parcel, or development site in any other District. Subd. 3 Open Pit or Excavation. The creation or maintenance of an open pit or excavation. 830.04 Exempt Activities. The provisions of this Section shall not apply to: Subd. 1 Special Permit. Activities for which a special permit has been granted in accordance with Subsection 850.21 of this Code. Subd. 2 Restored Ground. Grave digging, well drilling and utility excavations where the ground will be restored. Subd. 3 Diseased Trees. Removal of trees with Dutch Elm disease, oak wilt or other diseases requiring tree removal. Subd. 4 Top Soil. Top soil placed for top dressing purposes which is immediately spread and which does not materially change the elevation of the lot or parcel. 830.05 Permit. Subd. 1 Application. Prior to engaging in any activity requiring a permit, an application shall be submitted to the Building Official on forms provided by the Building Official. The application shall be accompanied by a schedule for the commencement and completion of the work. The application shall also be accompanied by a plan drawn at a scale of not less than one inch equals 30 feet which contains the following information: Location of trees to be removed. Existing and proposed buildings and structures. Existing and proposed contours. Provisions for temporary and permanent erosion control. Proposed re -vegetation of disturbed area. Provisions for temporary and permanent drainage. Sub. 2 Fees and Surcharges. Applications for permits pursuant to this Section shall be accompanied by the fees set out in Section 185 of this Code. A. Other Permit Related Fees. Re -inspection fees, inspections outside normal business hours, inspections for which no fee is specifically indicated and fees for additional plan review required by loss, changes, additions or revisions to plans shall be in the amounts set forth in Section 185 of this Code. B. Investigation Fee. If work for which a permit is required by the Code has been commenced without fust obtaining a permit, a special investigation shall be made before a permit may be issued for the work An investigation fee, as authorized by MSBC Chapter 1300.0160 Subp. 8, shall be collected, and is in addition to the required permit fees. The investigation fee shall be equal to the permit fee. C. Outside Consultant Fees. Pian review, inspections and/or consultation fees for outside consultants may be collected and shall comprise the actual costs to the City. D. Surcharge. In addition to the fees charged pursuant to Subd. 1 of this Subsection, each applicant for a permit shall pay a surcharge to the City in the amount set forth in M.S. 16B.70 to be remitted to the State Department of Administration pursuant to M.S.16B.70. 830.06 Standards and Guidelines. No permit shall be issued unless the above required plan is submitted to and approved by the Building Offrcud and unless the proposed activity complies with the following standards and guidelines: Subd. 1 Grading Activities. The plan shall be fitted to the topography and soils so as to create the least erosion potential. Permanent vegetation and improvements such as streets, storm sawyers or other features of the development, capable of carrying surface water runoff in a safe manner, shell be installed to the extent possible before removing the vegetation cover from any area. Wherever feasible, natural vegetation shall be retained and protected. Permaneat vegetation shall be established as soon as possible after grading Not more than the smallest practical area of land shall be graded or exposed at any one time during development. When vegetation is removed during development, the exposed condition of land shall be kept to the shortest practical period of time, but not longer than 60 days. Critical erosion areas graded or exposed during construction shall be protected with temporary vegetation, mulching or by other means acceptable to the Budding Official. Sediment basins, debris basins, de -silting basins or silt traps shall be installed and maintained to remove sediment from surface water runoff from land subjected to grading Diversions shall be installed to divert surface water runoff from slopes often percent or steeper. Provisions acceptable to the Building Official or Engineer shall be made to accommodate the increased surface water runoff caused by changed soil and surface conditions during and after completion of grading. Cut and fill slopes shall not be steeper than two feet horizontal to one foot vertical unless stabilized by a retaining wall, cribbing or rip -rap, or other means acceptable to the Building Official. During grading operations, measures acceptable to the Building Official shall be taken for dust control. Subd. 2 Tree Removal. Trees shall be removed only by reason of 3 - — -- AIT Poor health or dangerous condition of the tree. Construction of improvements being made to the property. Subd. 3 Open Pits and Excavations. Fences must be installed or other provisions acceptable to the Building Official must be made to prevent persons from inadvertently entering the pit Banks must be constructed at slopes not steeper than three feet horizontal to one foot vertical. Provisions acceptable to the Building Official shall be taken to prevent stagnation of water. Excavated materials must be spread on adjoining ground and re -vegetated or completely removed from the area. 830.07 Issuance of Permit; Appeal. Subd. 1 Approval or Denial. The Building Official shall review the plan and application and shall approve or deny the application based upon the standards and guidelines set forth in Subsection 830.06 together with the purpose and intent of this Section. If the application is denied by the Building Official, written notice of the action specifying the date of denial, together with the reasons for denial, shall be mailed to the applicant at the address shown in the application. If approved, the Building Official shall issue the permit The Building Official may impose conditions in connection with issuance of the permit to ensure compliance with this Section and to Protect adjacent properties. The Building Official, as a condition to the permit, may require the permit holder to submit topographic surveys on an as -built basis to verify conformance with the approved plans. Subd. 2 Permit Nontransferable; Duration Any permit granted pursuant to this Section shall be nontransferable and shall expire six months from date of issuance. Subd. 3 Appeal. Any applicant may appeal an alleged error in any order, requirement, decision or determination made by the Building Official in the administration of this Section, to the Council in the manner set forth in Subsection 160.06 of this Code. 830.08 Conformance with Plan All activities undertaken pursuant to a permit issued under this Section shall conform to the approved plans and schedules and to any conditions imposed by the permit. 830.09 Security. The Building Official may require the permit holder to file security to ensure that all work is undertaken in accordance with the permit and approved plans and schedule set forth in the application. The security shall be in the form prescribed by Subd 2 of Subsection 405.01 of this Code. Such security may be used by the City to undertake work as provided in Subd. 3 of Subsection 405.01 of this Code. History: Ord 817 adopted 4-4-74; Ord 821 codified 1970; Ord 822 codified 1970, amended by Ord 822-A1 10-7-71, Ord 822-A2 10-24-74; Ord 823 adopted 4-4-74 ; Ord 2004-04 adopted 4-29-04 Cross Reference: Sections 185, 850; Subsections 160.06, 405.01, 850.21 �y� 850.10 Landscaping and Screening. Subd.I Landscaping. A. Application of Requirements. All properties shall comply with the requirements of this Section except for single dwelling unit or double dwelling unit lots, public parks, playgrounds and athletic facilities, and public and private golf courses, except that club houses, parking areas and other structures accessory to the golf courses shall comply. B. Landscape Plan Requirements. Landscape plans shall be prepared by a landscape architect or other qualified individual acceptable to the Planner. Landscape plans shall be drawn to a scale of not smaller than one inch equals 30 feet and shall include the following information: 1. Boundary lines of the property with accurate dimensions. . 2. Locations of existing and proposed buildings, parking lots, roads and other improvements. 3. Proposed grading plan with two foot contour intervals. 4. Location, approximate size and common name of existing trees and shrubs. 5. Planting schedule containing (i) symbols; (ii) quantities; (iii) common names and botanical names; (iv) size of plant materials, (v) root condition, and (vi) special planting instructions. 6. Planting details illustrating proposed locations of all new plant material. 7. , Locations and details of other landscape features including berms, fences and planter boxes. 8. Details of restoration of disturbed areas including areas to be sodded or seeded. 9. Location and details of irrigation systems. 10. Details and cross sections of all required screening. C. Minimum Requirements. All open areas of a lot which are not used and improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers and ground cover materials. At least 50% of such plantings shall be Minnesota native plants as listed on the Minnesota Department of Natural Resources web site 1. Overstory Trees 2. Understory Trees and Shrubs. In addition to the required number ofoverstory trees, a full complement of understory trees and shrubs shall be provided to complete a quality landscape treatment of the site. 3. Minimum Size an4 Root Condition of Required Bvefsteiy-Trees. The living overstory and mrderstor�canoyy shall cover that portion of the lot, which has been disturbed by imorovennent including the uarkina lot, with an obiective of 501/o - 75% canopy coverage when the trees are at maturity, excluding the footprint of the building or other structures. Tree Type 13esiduous 1✓ertifereas LGssihan 24' Ot A. Screening Required. The following uses shall be screened in accordance with the requirements of this Subdivision 850.10. 1. Nan -residential principal buildings or structures, and any building or structure accessory thereto, shall be screened from lots in the R-1 District which are used for single dwelling unit buildings and which are located within 200 feet of the non-residential use. The distance shall be the shortest distance between the non-residential building or structure to be screened and the nearest lot line of the R-1 District lot, but shall not extend across a street; 2. Principal buildings or structures, or any building or structure accessory thereto, located in the Planned Industrial District or Planned Commercial District shall be screened from lots used for any residential purpose which are located within 200 fent. The distance shall be the shortest distance between the PID or PCD building or structure to be screened and the nearest lot line of the readential lot, but shall not extend across a street; 3. Off-stred parking facilities containing six or more spaces and all loading facilities shall be screened from streets located within 50 feet, and from lots which are used for any residential purpose which are located within 50 feet. Said distance shall be the shortest distance between the parking facility or loading facility and the nearest part of the street or the nearest lot line of the residential lot; 4. Trash storage facilities including recycling storage faoilities shall be screened from all lot lines and public road rights-of-way; and 5.. All mechanical equipment accessory to any building, except single dwelling unit and double dwelling unit buildings, shall be screened from all lot lines and streets. B. Responsibility. The owner of the principal or accessory building or structure to be screened shall install and maintain all screening required without cost to the City. C. Materials. Required screwing may be achieved with fences, walls, earth berms, hedges and other landscape materiahA All WAS and fanoes shall be architecturally harmonious with the principal building. Earth barns shall not be steeper than 3:1. All materials, including landscaping, shall have a minimum opacity of 90 percent year round D. Location. All required screening shall be located on the lot occupied by the use, building, ihcility or structure to be screened. No screening shall be located upon any public road right-of-way, or within 20 feet of the traveled portion of a street. E. Height. The minimum height for screening required by this Section is as follows: 1. Screening required by subparagraphs 1 and 2 of paragraph A. of Subd. 2 of Subsection 850.10: ten feet above property bee; 2. Screening required by subparagraph 3 of paragraph A. of Subd. 2 of Subsection 850.10: four feet above level of parking lot and ten feet above level of loading facility; and 3. Screening required by subparagraphs 4 and 5 of paragraph A. of Subd. 2 of Subsection 850.10: high enough to completely screen from property lines, but not less than five feet or greater than ten feet in height. Subd.3 Maintenance. A. Responsibility. The owner of the lot upon which the required landscaping or screening is located shall maintain all materials in a sightly and healthy growing condition without cost to the City. /W 1200.06 Work Undertaken by the City. Subd. 1 Items of Work. Pursuant to Chap. 59, State Laws of 1988, the City may undertake the following items of work: A. Removal of snow, ice and rubbish, including litter, from sidewalks, streets and alleys and public parking facilities. B. Elimination of weeds, includingaquatic weeds, from sidewalks, streets, all eys, waterbodies and other public or private property. C. Sweeping, oiling, sprinkling or other dust treatment of public streets or alleys, including incidental maintenance wok. D. Trimming and care of trees and the removal of unsound or diseased trees on streets or alleys. ffistory; Ord 1201 codified 1970; amended by Ord 1201-A 12-6-73, Ord 1993-5 4-28-93, Ord 1994-612-27-94; Ord 1995.6 8-17-95; Ord 2003-12 12-16-03; Rafaence: M.S. CbWer 59, StMe Laws of 19gg; 429.101, Snbd. 2 & 3, 463.15 to 46316 Cross Refucnce. Sections 705, 721,1050,1205,1400; Subsections 705.04,1230.01, 1230.07 :, Aa' Section 1050 - Maintenance of Vegetation 1050.01 Purpose. It is the purpose of this Section to prohibit the uncontrolled growth ofvegetation, while permitting the planting and maintenance of landscaping or garden treatments which add diversity and a richness to the quality of life. There are reasonable expectations regarding the proper maintenance of vegetation on any lot or parcel of land. It is in the public's interests to provide standards regarding the maintenance of vegetation because vegetation which is not maintained may threaten public health, safety and order, and may decrease adjacent property values. It is also in the publics interests to encourage diverse landscaping and garden treatments, particularly those which restore native vegetation which requires less moisture and place a lower demand on the public's water resources. The City enacts this Section to balance these competing interests. 1050.02 Definitions. Unless the context clearly indicates otherwise, the following tents shall have the stated meanings. Native Grasses and Forbs. Grasses, including prairie grasses and flowering broad- leaf plants which are indigenous to the State. Natural Area. Any wetland or floodplain designated by Section 850 of this Code, or any area of mature woodland, prairie and meadow vegetation native to the State. Ornamental Grasses and Groundcovers. Grasses and groundeovers not indigenous to the State. Ornamental grasses and groundcovers do not incluse turf grasses. Planned Landscape Area. An area where ornamental grasses and groundcovers or native grasses and forbs are planted pursuant to a plan. Restoration Area. An area where native grasses and forbs are being or have been intentionally re-established Turf Grasses. Grasses commonly used in lawn areas, including say blue grass, fescue or rye grass blends or any other similar grasses. Weed. (i) Any plant which is identified by the State Commissioner of Agriculture as a noxious weed or secondary noxious weed pursuant to M.S.18.171, Subd. 5, or (n, any volunteer plant, except trees and other woody vegetation, which is not customarily or intentionally planted. 1050.03 Where Planted. Subd 1 Ornamental Grasses and Groundcovers. Ornamental grasses and groundcovers shall be planted only in a planned landscape area. Subd 2 Native Grasses and Forbs. Native grasses and forbs shall be planted only in a planned landscape area or a restoration area. 1050.04 Location of Restoration Areas and Planned Landscape Areas. Subd. 1 Setback. A restoration area or a planned landscape area must provide the following minimum setbacks:Front Street or Side Street (as measured from the traveled portion of the street) 20 feet Side Yard or Rear Yard 5 feet Provided, however, that a required side yard or rear yard setbaekmay be reduced to 0 feet if. A. A fully opaque fence at least five feet in height is installed on the lot line adjoining the restoration area or planned landscape area, or B. The restoration area or planned landscape area abuts (i) a restoration area on any adjoining lot, (ii) a public park or open space, (iii) a vacant lot, (iv) a wetland, pond, lake or stream, (v) or natural area, or 10 A aa, C. The restoration area or planned landscape area is located on slopes equal to or greater than three feet horizontal to one foot vertical (3:1). Subd. 2 Composition of Setback Area. The setback area required by Subd. I of this Subsection shall be composed of r pavement, rock, gravel, wood chips, regularly mowed turf grasses, trees or shrubs. 1050.05 Maintenance Standards. Every owner ofproperty shall maintain the vegetation growing thereon according to the following minimum standards: Subd. 1 'hoof Grasses. Turf grasses shall be regularly cut such that no individual plant shall exceed, at any time, ten inches in height or length as measured from its base at the ground to the tip of each stalk, sten or blade. Provided, however, that turf grasses (i) located on slopes equal to or steepen• than three feet horizontal tome foot vertical (3:1) or (u) within 20 feet of a wetland, pond, lake or stream, need not be maintained in accordance with this Subd. 1. Subd. 2 Weeds. Weeds shall be regularly cut or controlled such that no individual plant shall exceed at any time ten inches in height or length as measured from its base at the ground to the tip of each stalk, stem, blade or leaf Noxious weeds as defused by the State Commissioner of Agriculture shall be eradicated. Subd. 3 Planned Landscape Areas and Restoration Areas. Planned landscape areas and restoration areas shall be cut at least once between May I and August 1 of each year to a height no granter than ten inches. Provided, however, that planned landscape areas and restoration areas (i) located on slopes equal to or steeper than throe fed horizontal to one foot vertical (3:1) or (a) within 20 feet of a wetand, lake, pond or stream, need not be cat as required by this Subdivision. No person shall permit ornamental grasses and gromdcowers growing on the person's property to invade adjoining properties. 1050.06 Non -Conforming Planned Landscape Areas and Restoration Areas. Any planned landscape area or restoration ane which lawfirlly existed prior to the effeewe date of this Section may continue to exist and need no comply with the requirements of Subsection 1050.04, but shall comply with Subsection 1050.05. Any expansion or addition to a non- conforming planned landscaped area or restoration area shalt comply with all provisions of tris Section. 1050.07 Exemption. Parks and natural areas owned by the City and rights-of-way owned by the County and State shall be . exempt from the requirements of this Section. 1050.08 Abatement. ' Subd. I Nuisance. Any vegetation which does not meet the requirements of this Section is declared to be a nuisance. -' Subd. 2 Conditions Allowing Inspector to Enter Propertyrntxy by die weed inspector or assistant weed inspector for the purpose of cutting, removing, destroying or eradicating vegetation shall be done only after written notice is served upon the owner, and the occupant if other than the owner, of the property to be entered, and failure of the owner or occupant to out down, remove, destroy or eradicate vegetation declared to be a nuisance, within the time, and in such manna, as the weed inspector or assistant weed inspector shall designate in the notice. The notice shall be given in the manner prescribed by M.S. 18.271, Subd. 2, and shall allow a minimum of seven days for the property owner or occupant to comply with requirements of the notice. Subd. 3 Owner's Responsibility for Costs Incurred. The costs and expenses incurred by the City in connection with entering a property pursuant to Subd. 4 of this Subsection and cutting, removing, destroying and eradicating vegetation declared to be a nuisance, shall be paid by the owner or occupant of the property entered pursuant to a notice containing the information and served as prescribed by M.S. 18.271, Subd. 4. If the City is not paid the amount stated in the notice within 30 days or before the following October 1, whichever is later, such amount shall become a lion in favor of the City and a penalty of eight percent shall be added to the amount duo as of that date and the total cost, expenses and penalties shall be certified to the auditor of Hennepin County for entry as a tax upon such property for collection as other real estate taxes are collected, all pursuant to the provisions of M.S. 18.271, Subd. 4. History: Ord 1031 codified 1970; amended by Ord 1031-A1 1 -340,1031 -A26 -29-83,1031-A33-29-90; amended by Ord 1993.4 4-5-93 Reference: jI M.S. 18.171, 19.271 Qoss Reteaeoee: Section 850 - 1 ,a — 4a3 ORDINANCE NO. 2008-24 AN ORDINANCE AMENDING CITY CODE §300.28,,SUBD.19 REGARDING TREE PROTECTION The City of Minnetonka Ordains: Section 1. . Existing city code §300.28, subd. 19, a copy of which is attached as Exhibit A, is repealed, and a new city code §300.28, subd. 19 is 'adopted to read as follows: 19. Tree Protection. a) Purpose The goal of this subdivision is to preserve as much as practical Minnetonka's highly valued tree natural resources, ecosystems and viewsheds, while allowing reasonable development to take place and not interfering with how existing - homeowners use their property. This subdivision provides incentives for property owners who wish to subdivide areas that Include woodlands and high priority trees to use planned unit development (PUD), which allows the flexibility to both protect woodlands and property rights Standards governing the preservation, protection, and planting of trees are necessary to; 1) prevent tree loss by eliminating or reducing compaction, filling or excavation near tree roots: 2) prevent or reduce soil erosion and sedimentation and stormwater runoff; 3) Improve air quality and reduce noise pollution; 4) enhance energy conservation through natural insulation and shading; 5) control the urban heat island effect; 6) increase and maintain property values; maintain buffers between similar land uses and establishing and maintaining buffers between conflicting land uses: and 8) preserve as much as practical the diversity and extent of the trees and woodlands that are an integral part of this city's identity, while allowing reasonable development and allowing existing homeowners freedom to use their land. b) Definitions For the purposes of this subdivision certain terms and words are defined as follows: The stricken language is deleted; the underlined language Is inserted. -JIL J Ordinance No. 2008-24 page 2 1) "Basic Tree Removal Area" - consists of the following: a. within the areas improved for reasonably -sized driveways parking areas and structures without frost footings and within ten feet around those Improvements: b. within the footprints of. and 20 feet around buildings withfrost footings: and 2) "Canopy" - The uppermost layer of a forest formed by tree crowns 4) "Diameter breast- height (dbh)" — the diameter of a tree measured at 4.5 to determine the diameter of the multi -stem tree. 5) "Protected tree" — a tree that is in a woodland preservation'area or is is high priority tree or significant tree. 6) "Redevelopment" — reconstruction of the principal structure if it Includes the removal of the principal structure by more than 50% of the square footage of the building footprint or an Increase of the square footage of the building footprint by more then 50° 7) "Sapling"- A young tree. 8) • "Understory" - The trees. shrubs, and herbaceous plants that grow In the shade of the forest canopy. Including trees that could potentially grow to reach the canopy. city's Minnesota Land Cover Classification System and although it May be degraded ded it generally meets the criteria for one of the following types of ecosystems as reasonabiv determined by the city: a. "floodplain forest" — an area populated by deciduous tree species The P+riskee language Is deleted; the underlined language Is inserted. Ordinance No. 2008-24 Page 3 tolerant of seasonal flooding and deposition of silty or sandy soils. The canopy cover is extremely variable and mature trees are typically greater than 70 feet tall. The. dominant tree species In the canopy are silver maple and eastern cottonwood, in in the understory include saplings from the canopy species, preen ash, black willow, slippery elm American elm boxelder, and hackberry: b "lowland hardwood forest'- an area with a flat terrain populated by deciduous tree species tolerant of periodic soil saturation from seasonally high water tables The soils are moderately, well to poorly drained. The dominant tree species in the canopy are American elm black ash basswood bur oak, red oak, white oak, quaking aspen paper birch and red maple Trees in the understory include saplings from the canopy species slippery elm green ash butternut, sugar maple, quaking aspen, balsam poplar, and American hornbeam The large sHrub or small tree laver of the' C. "maple basswood forest" — an area with well drained soils and populated by a variety of shade -tolerant fire sensitive, deciduous tree species. The mature trees are straight with narrow crowns greater than 60 feet tall. The dominant tree d ' "mesic oak forest" — an area populated by tall, single stemmed and aspect of the forest The dominant tree species in the canopy include red oak, white oak and bur oak Trees in -the understory include saplings from, the canopy, and fire - sensitive species such as basswood green ash; bitternut hickory, big -toothed aspen, butternut northern pin oak black cherry, paper birch American elm, boxelder and red maple The large shrub or small tree laver in the understory tends to be sparse with greater herbaceous Plant diversity but can include ironwood chokecherry, prickly ash, American hazelnut prickly gooseberry, red -berried elder, nannyberry. iuneberrylserviceberry, and pagoda dogwood; e "oak woodland brushland" — an area with a canopy more open than a forest but less open than a savanna It is characterized by open -grown trees and a distinct shrub laver in well -drained sandy, gravelly soils. The dominant tree species include red oak northern On oak white oak bur oak and aspen. When it exists, the trees in the understory include saplings from the canopy, black cherry and red cedar. The large shrub or small tree laver can include American hazelnut, ironwood, iuneberry and chokecherry: The s+-,sken language is deleted; the underlined language is inpp.rted. Ordinance No. 2008-24 Page 4 f. "tamarack swamp" — an area that is a forested wetland communitv dominated by -patches of tamarack a deciduous coniferous tree The dominant tree species in the canopy include tamarack black spruce paper birch and red maple The g. "willow swamp an area that is a forested wetland community or an area with seasonally flooded soils and scattered -to -dense shrub cover. The dominant tree species in the canopy include black willow and speckled alder. The trees in the understory include saplings from the canopy and the large shrub or small tree layer can include several species of willow and dogwood 10) "High priority tree" — a tree that.is not in a woodland preservation area but is still important to the site and the neighborhood character, that is structurally sound . 'and healthy, and that meets at least one of the following standards: a. a deciduous tree that is at least 15 inches dbh except box elders, . elm species, poplar species, willow, silver maple black locust amur maple fruit tree species, mulberry, and Norway maple, b. a coniferous tree that is at least 20 feet in height except a Colorado spruce that is not in a buffer as described in subparagraph (b)(1 0)(c): or : C. a tree that is in a group of deciduous trees that are at least eight inches dbh or coniferous trees that are at least 15 feet in height that provide a buffer or screening along an adiacent public street, and that are within 50 feet .of an arterial road and 35 feet of a minor collector, local, or private street and a •trail 11) "Significant tree" — a tree that is structurallv sound and healthy and that is either a deciduous tree at least eight inches dbh or a coniferous tree at least 15 feet in height. c) City authority. TODreserve protected trees the city may: I require and enforce a tree preservation plan as described in paragraph (d) below: 2) specify trees or groups of trees for preservation; 3)specify grading limits: 4) require the clustering of buildings or the relocation of roads drives buildinas, utilities or storm water facilities when this would preserve protected trees: 5) grant variances: The r`-isken language is deleted; the underlined language is in.erted. Ordinance No. 2008-24 Page 5 6) specify time periods in which tree cutting, trimming or iniury may not occur in order to prevent the spread of disease.; and 7) require conservation easements or other legal means to ensure that woodland preservation areas or groups of high priority trees or significant trees are not intentionally destroyed after the development has been approved. d) Tree Preservation Plan. A tree preservation plan is required as part of an application for a Preliminary plat, lot division conditional use permit variance, grading permit site and building plan review, wetland/floodglain alteration permit, or building permit except a grading permit and building permit for R-1 property when no tree mitigation is required under (e)(1) below. If the exception applies and if the property owner retains a contractor to do the work, the contractor must submit a plan showing the proposed construction limits on the property and must not remove any trees outside the specified construction limits. A tree. preservation plan must include: 1) a tree inventory that meets the following criteria: a The species sizes and locations of high priority trees, significant trees and trees in woodland preservation areas must be shown, regardless of health. Dead or structurally unsound trees should be noted as such in the inventory: b Canopy species that exist in woodland preservation areas including thom1hat are in the understory, must be inventoried if they are four inches dbh or larger. Understory trees excluding canopy species and large shrubs that exist in woodland preservation areas must be inventoried if they are two inches dbh or larger._ C. The size of high priority trees and significant trees must be inventoried regardless of location. d. The size of coniferous trees must be recorded in dbh and approximate height. e Invasive species such as buckthorn and honeysuckle should not be inventoried. 2) a site plan that shows the dbh location and size of the critical root zone for each protected tree the trees to be removed the trees to be preserved, the proposed construction limits and the proposed tree protection methods in addition to construction limit fencing If grading or construction limits are outside of a woodland preservation area the trees in that woodland_ preservation area may be grouped together. e) Tree Removal and Preservation Removal of protected trees is prohibited except as follows: The language is deleted; the underlined language is in.Prted. Ordinance No. 2008-24 Page 6 1) Existing Structures. a. R-1 zone: On property that is zoned R-1 and that has an existing b. All other zones: On property that is not zoned R-1 and that has an existing principal structure, protected, trees maybe removed subiect to the same 2) Existing Vacant Parcels of Land, Redevelopment, Site Improvements. a. R=1: For the construction of a principal structure on a vacant R-1 lot or for redevelopment of an existing R-1 lot, protected trees may be removed with no mitigation only within the abasic tree removal area". b. All other zones: On propedy not zoned R-1. for the construction of 1. within the basic tree removal area: and 2. within the width of required easements for public and private streets and utilities, except that only significant trees may be removed in areas of required surface water ponding. The removal of woodland preservation area trees or high priority trees for surface water ponding must be mitigated. c. • The removal ofprotected trees under this subsection 2 must also comply with the general removal requirements under subsection 4 below. 3) Subdivisions. a. Significant trees may be removed for any construction in a subdivision of land without mitigation only. t 1. within the basic tree removal area: and 2. within the width of required easements for public and private streets and utilities, including areas required for surface water ponding. b. If more than 35% of the site's high priority trees or more than 25% of a woodland preservation area on the site are to be removed for any construction in a The Plge cea language is deleted; the underlined language is insgrted. A Ordinance No. 2008-24 Page 7 subdivision of land, there can be no more than one lot per developable acre of land. Highrp iority trees and trees within a woodland preservation area may be removed for any construction in a subdivision of land without mitigation only: 1 for the basic tree removal area: and 2. for the width of required easements for public and private streets and utilities, except in areas of required surface water ponding. The removal of high priority -trees or trees in woodland preservation areas for surface water ponding must be mitigated. C. A subdivision of land that proposes to remove more than 35% of the site's high priority trees or more than 25% of a woodland preservation area on the which steps are taken to preserve protected trees, such as: 1. 2. preserving the continuity of woodland preservation areas by developing at the edges of those areas rather than at the core; 3. exercising good faith stewardship of the land and the trees both before subdivision and after, including the use of conservation easements when _appropriate; and 4. minimizing the impact to the character of the existing landscape and neighborhood. d The removal of protected trees under this subsection 3 must also comply with the general removal requirements under subsection 4 below. 4) General removal requirements. The removal of protected trees under subsections (2) and (3) must also comply with the following general requirements: a Principal structures and associated facilities must be located to maximize tree preservation The city may specify the location of the principal structures and associated facilities in order to ensure a reasonable amount of tree preservation. b Any tree removed outside of the specified allowable tree removal areas must be mitigated as specified below. The-+'4&en language is deleted; the underlined language is inserted. Ordinance No. 2008-24 Page 8 C. The applicant must compiv with any approved tree preservation or landscape plan. d. Trees required to be saved as part of a subdivision approval must remain on a lot for two years after the final building permit Inspection or certificate of occupancy is issued for the principal structure whichever is later. Any tree that dies solely of natural causes such as disease or wind is exempt from this section e. Each protected tree that is removed in violation of ordinance reguirements is a separate violation of the city code. 5) Greater Public Good. The city council may allow the removal of protected trees contrary to the provisions In subparagraphs (1) — (4) if it determines that there is a greater public good such as: a. providing reasonable use or access to the property: b. providing affordable housing: c. allowing for the creation or rehabilitation of a public road or trail: d. providing for a public utility service, such as a transmission Ilne, riding or a water tower: e. allowing for the creation or rehabilitation of a public park: or f. enabling redevelopment in a designated redevelopment area. f) Tree Mitigation. 1) .When tree mitigation is required, the applicant must submit a tree mitigation plan for staff review and approval. The plan must indicate the number of Inches or feet of mitigation trees, the species and -guantity of each species, and the caliper size or feet and location for each replacement tree. The plan may not be comprised of more than 25 percent of the same species or size unless approved by the city, The plan must comply with the mitigation standards required below. The applicant must implement the tree mitigation elan approved by city staff. 2) Specific mitigation standards. Mitigation for tree removal of trees in woodland preservation areas, high priority trees, and significant trees must meet the following specific standards: a. Mitigation rate. 1. A tree or large shrub that is in a woodland preservation area The F`lraken language is deleted; the underlined language is inserted. Ail Ordinance No. 2008-24 Page 9 or is a high priority tree must be replaced at the rate of one inch for each Inch in - diameter of a deciduous tree that was removed and at the rate of one foot for each foot In height of a coniferous tree that was- removed: and 2. A significant tree must be replaced with one two-inch tree. b. Mitigation species. replacement species on file with the city: 2. ' High priority trees must be replaced with species of a similar spruce. as approved by city staff: and C. Mitigation size. 1 Replacement sizes for woodland preservation areas•and high priority trees are: b) not less than 7 gallon stock for understory or small trees and not less than 3 gallon stock for shrubbery: and c) * not less than six feet but not more than eight feet in 2 The city may'allow larger balled and burlapped or spade moved frees if these trees are accompanied with a three year guarantee. Other size substitutions based on site characteristics, may be allowed at the reasonable discretion of the city, 3 Replacement size for a significant tree is not less than a two - inches dbh. 3) General mitigation standards: The Pl iGken language is deleted; the underlined language is inserted. Ordinance No. 2008-24 Page 10 a. All replacement trees and shrubs must meet the American Standard for Nursery Stock and the American National Standard relating to planting guidelines, quality of stock and appropriate sizing of the root ball for balled and burlapped, potted and spade -moved trees. b. If the city determines in its reasonable discretion that there is no appropriate location for some or all of the required replacement trees those trees may not'be required. c. Replacement trees must be planted on the same property or development area from which the trees were removed d. A tree will be considered removed if girdled if 30 percent or more zone is compacted, cut, filled or paved: 30 percent of the critical root zone for all species except 40 percent for ash elm poplar species, silver maple and boxelder. e. Development that is subject to landscape requirements in sections replacement trees under this section, at the city's discretion. after the end of the second full growing season following installation. A tree will be considered to be severely declined if more than 25 percent of the crown has died deposit after the end of the second full growing season following installation of the mitigation trees and any replacement trees. h. A tree or shrub that was required by the city to be saved but was removed must be replaced at a rate of 2:1 based on dbh for deciduous species and height for conifers. The city may also impose a financial penalty equal to $500.00 for each inch of dbh or foot of height removed, not to exceed $5000 for each tree or shrub This provision also applies to a conservation easement area that is disturbed during or after development. g) General tree protection standards. root zones of the trees to be protected. The location of the fencing must be in conformance with the approved tree preservation plan This fencing must be inspected The PlAwken language is deleted; the underlined language is inserted. 4s Ordinance No. 2008-24 Page 11 by city staff before site work begins. 2) No construction, compaction, construction access, stock piling of earth, storage of equipment or building materials, or grading of any kind may occur within the critical root zone areas of trees to be protected. 3) A healthy protected tree that was not a hazard to personal safety or property damage and that was removed or otherwise destroyed by unnatural causes within three years before a development application will be regarded as if it were present at the time of construction or a development application. This provision does not apply if the number of protected trees removed is less than 5% of the protected trees existing five years before the application. 4) An area of new or compensatory water storage may not be located where there are woodland preservation areas high priority trees or significant trees. unless approved by the city. Mitigation will be required for the loss of woodland preservation Section 2. A violation of this ordinance is subject to the penalties and provisions of Chapter XIII of the city code. Section 3. This ordinance is effective upon adoption. Adopted by the city council of the City of Minnetonka, Minnesota, on August 25, 2008. Ora' a s A. Callison, Mayor ATTEST: David E. Maeda, City Clerk ACTION ON THIS ORDINANCE: Date of introduction: April 21, 2008 Date of adoption: August 25, 2008 Motion for adoption: Schneider The P'risk-en language is deleted; the underlined language inserted. Ordinance No. 2008-24 Pa a 12 Seconded by: Allendorl' Voted in favor of. Allendorf, Callison, Ellingson, Schneider, Wagner, Wiersum Voted against: _ Hiller Abstained: Absent: Ordinance adopted. Date of publication: 9, 3ov f CERTIFIED COPY: I certify that the foregoing is a correct copy of an ordinance adopted by the city council of -the City of Minnetonka, Minnesota; at a meeting held on August 25, 2008. David E. Maeda, City Clerk The stricken language is deleted; the underlined language is inserted. 3`7 _1 Exhibit A Repealed Section §300.28, subd. 19. 19. Performance Standards Regulating Tree Removal. a) Standards governing the preservation, protection, and planting of trees are necessary to: 1) prevent tree loss by eliminating or reducing compaction, filling or excavation near tree roots; 2) prevent or reduce soil erosion and sedimentation and stormwater runoff; 3) improve air quality and reduce noise pollution; 4) enhance energy conservation through natural insulation and shading; 5) control the urban heat island effect; 6) increase and maintain property values; 7) protect privacy by maintaining buffers between similar land uses and establishing and maintaining buffers between conflicting land uses; and 8). preserve the variety and extent of trees which exist in the city and which are an integral part of this city's identity. b) A certain amount of tree removal is an inevitable consequence of the urban development process. Nevertheless, construction of streets, utilities, driveways, parking lots, buildings, and other facilities must be located in a manner to save as many significant trees as possible. c) In enforcing this ordinance, the city may give preference to the preservation of higher quality significant trees over less desirable trees. A tree may be considered of higher, quality based on its species, size, location, or other relevant factors. The city forester will establish a list of species that are considered less desirable, and this list will be kept on file in the planning department. d) The city may require that a property be rezoned and developed as a planned unit development to utilize flexible development standards to preserve significant trees; the city may require the clustering of buildings where this would preserve significant trees, e) significant trees may be destroyed for development, without any required replacement, in the following areas: 1) within the width of required easements for public streets and utilities and the required areas for surface water ponding; 2) within the areas improved for reasonably -sized driveways, parking lots, and structures without frost footings and within ten feet around those Improvements; and 3) within the footprints of buildings and 20 feet around buildings with frost footings. If a significant tree is removed In other areas, trees must be planted to meet the number of significant trees which existed In those other areas before development, subject to the conditions In paragraphs (f) and (g) below. f) the provision of replacement trees is subject to the following. 1)' The applicant will not be required to raise the number of trees above'26 trees per acre. 2) If the applicant and the city agree that there Is no appropriate location for some or all of the replacement trees, those trees will not be* required. 3) In calculating the number of replacement trees, only trees meeting the minimum sizes in subparagraph (g) below may be counted. Notwithstanding the above, any development that is subject to section 300.27 must meet the minimum landscape requirements of that section. g) Any trees required to be planted must be varied In species, must be primarily species native to the area, may not include any species that are subject to disease epidemic or -are on the list of less desirable trees established by the city forester, and must be hardy under local conditions. They must be at least 2% inches in diameter for deciduous trees and 6 feet tali for coniferous trees, except that for property located In the planned 1-394 district they must be at least 3% inches in diameter for deciduous trees and 10 feet tall for coniferous trees. The required trees must be replaced by the property owner or original developer If they die within one year after installation. h) Before any construction or grading takes place, snow fencing, erosion control fencing, or similar device must be placed around the drip lines of significant trees that are to be preserved or that are located nearby on adjacent property. No construction, compaction, or grading of any kind may occur within these drip lines, except when necessary to save additional significant trees and when the risk to the trees designated for preservation is minimal. The developer must place signs on the fencing prohibiting construction, compaction, or grading. i) A significant tree that was removed or otherwise destroyed within two years before a development application must be replaced in the same general location by two trees meeting the requirements of paragraph (g) above. The replacement trees will be considered significant trees existing at the time of the development application and may be removed and relocated on the site only If the original significant tree would have been allowed to be removed under this ordinance. I J) The area of any compensatory water storage may not be located where there are any significant trees, unless approved by the city. The compensatory storage area must be created in a manner that prevents erosion into any nearby wetland. k) Tree removal on property with an existing home or other principal structure strall be exempt from this subdivision, except as stated in paragraph 0) above, unless the tree removal is to accommodate new development or the expansion of the existing development. i f 1 AA