Loading...
HomeMy WebLinkAbout2013-08-14 Planning Commission Meeting PacketsAGENDA REGULAR MEETING OF THE PLANNING COMMISSION CITY OF EDINA, MINNESOTA CITY COUNCIL CHAMBERS AUGUST 14, 2013 7:00 PM I. 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 July 10 & 24, 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 number of speakers on the same 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. City Homes LLC/David Allen. 5501 Lakeview Drive, Edina, MN VII CORRESPONDENCE AND PETITIONS • Council Connection • Attendance VIII. CHAIR AND COMMISSION MEMBER COMMENTS IX. STAFF COMMENTS X. 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 August 28, 2013 PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Kris Aaker August 14, 2013 B-13-14 Assistant Planner Recommended Action: Approve the variance as requested. Project Description: A 15 foot front yard setback variance request to tear down an existing home and rebuild a new home in it's place at a deeper front yard setback from property located at 5501 Lakeview Drive for property owner: City Homes LLC/David Allen. INFORMATION/BACKGROUND The subject property is a corner lot located south and east of Lakeview Drive consisting of a one story rambler with an attached 2 car garage built in 1952. The applicant is hoping to tear -down the existing home and replace it with a two story home with an attached 3 car garage. The new home will conform to all of the ordinance requirements with the exception of the required setback from Lakeview Drive, (to the north). On a corner lot any new home or addition to an existing home must match the front yard setback of the adjacent homes. The home adjacent to the east is located 40.8 feet from their front lot line. The existing home is nonconforming and is located 19.5 feet from the north lot line and 41.9 feet from the west lot line along Lakeview Drive. The existing home is forward of both adjacent homes with the neighboring homes originally built farther back on the lots from Lakeview Drive. The new home is proposed to increase the setback from the north lot line to 25.5 feet from the existing nonconforming setback of 19.5 feet, (see attachments: A.1 — A.9, site location, aerial photos, house photos and surveys). The purpose of the front yard setback requirement is to maintain adequate spacing from the street and maintain continuity along a developed street scape. The proposal will improve upon an existing nonconforming situation. The character of the neighborhood includes single story ramblers, 1 '/ story homes and two story homes. There have been a number of homes that have been teardown/re-builds in the neighborhood. The proposed home has been designed to conform to all of the other Zoning Ordinance requirements including height, setback and coverage. It should be noted that the property was approved for a similar front yard setback variance on May 8, 2013, for a teardown-rebuild., (see attached minutes of the meeting A.19 — A.20). The previous request was for setback variances from both street frontages to be greater than or match the existing nonconforming front yard setbacks of the existing rambler on the site. The previous owner sold the property without exercising the variance. The new owner is requesting only one variance for a new home plan that will be farther from Lakeview Drive, (to the north), than the existing home. 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 15,395 square feet in area. The existing home is a one story rambler and was built in 1952. Planning Guide Plan designation Zoning: Building Design Single-family detached R-1, Single Dwelling Unit District The proposal is to rebuild on the property with a two story single dwelling unit with an attached garage, (see new home plans attachments: A.10 — A.16). 2 Compliance Table variance mequirea 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 setbacks from Lakeview Drive. 2. The home is appropriate in size and scale for the 15,395 sq. ft. lot. The building wall of the impacted neighbor to the east is approximately 48 feet from the side wall of the proposed garage. 3. The improvements will provide a reasonable use of the corner lot and allow for a new home to be built at a greater distance from the west lot and from the north lot line than the existing home. 4. The new home improves upon existing nonconforming front yard setbacks that have been in place since 1952. The required front yard setbacks limit design opportunity within the lot. • 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: City Standard Proposed Front - Side- Rear- Match adjacent homes 40.8/47.8: 10 feet + height 25 feet * 25.5/56.3 12.0 feet 25feet Building Height 2 Y stories/38 feet 2 stories/34 feet, Lot coverage 25% 22.7% variance mequirea 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 setbacks from Lakeview Drive. 2. The home is appropriate in size and scale for the 15,395 sq. ft. lot. The building wall of the impacted neighbor to the east is approximately 48 feet from the side wall of the proposed garage. 3. The improvements will provide a reasonable use of the corner lot and allow for a new home to be built at a greater distance from the west lot and from the north lot line than the existing home. 4. The new home improves upon existing nonconforming front yard setbacks that have been in place since 1952. The required front yard setbacks limit design opportunity within the lot. • 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 new home will match and improve upon the existing nonconforming setbacks of the original home on the property which has been located on the corner since 1952. The practical difficulties in complying with the ordinances are created by the required front yard setback that is dictated by adjacent properties which are located farther back on their respective lots. The purpose behind the ordinance is to maintain an established front yard sight line and street scape. The ordinance is meant to prevent a continual erosion of the established front yard setback back pattern in an existing neighborhood by holding all new construction to the existing neighborhood standard and to avoid new structure build -out beyond existing conditions. Increasing the front yard setbacks of the existing home will not compromise the intent of the ordinance. The new home will maintain the existing pattern of setback on the block and will be no closer to the street. The amount of boulevard area between the front lot lines and the edge of the streets increases from approximately 10 feet to 30 feet at the intersection. The lot appears to be much larger and spacing from the street greater given the right-of-way area. 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 circumstances are that the existing lot is subjected to adjacent front yard setbacks that are deeper than the location of the existing home. The required setbacks reduces the buildable area, pushing a new home farther back on the lot. 3) Will the variance alter the essential character of the neighborhood? No. The proposed home will be consistent with the location of the existing home and will not decrease distances along the streetscape. The. 4 character of the neighborhood consists of lots with homes located on properties based on topography, orientation to the street and lot shape. The applicant is asking to preserve a setback pattern along the block that has included the nonconforming setbacks of the subject property. Staff Recommendation Recommend that the Planning Commission approve the variances. Approval is based on the following findings: 1) With the exception of the variance requested, 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 the proposed home will uphold the established front setback pattern already existing on the block. b. The practical difficulties in complying with the ordinance include the deep required front yard setbacks, the orientation of the home towards the streets and the angle of the east lot line. 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 in terms of house location, mass and over-all height with the following plans, unless modified by the conditions below: Survey date stamped: July 22, 2013 Building plans/ elevations date stamped: July 29, 2013, 2013. Deadline for a City decision: September 28, 2013 o "A, �4oR DSt��r� X10 j i _ i 1 a -14QVl CASE NUMBERDATE FEE PAID AZ City of Edina Planning Department _' www.citvofedlna.coin 4801 West Fiftieth Street * Edina, MN 55424 * (952) 826-(1369 * fax (952) 826- 0389 FEE: RES .$350.00 NOWRES - $600.00 APPLICANT: NAME: C : 4-w 14c m r5 (Signature required on back page) ADDRESS: 4ZZy CfLAG4CER / VF- PHONE: 6 1 Z -Z 19-101-4- EMAIL. HONE^61Z-219-1044- EMAIL: . GO1T% PROPERTY OWNER: LLG NAME: 01 LAkffVV1w Pr1a0P-wA(Signature required on back page) ADDRESS: SiZZO CRCOG1cER A05 PHONE: 1 -O0&& LEGAL DESCRIPTION OF PROPERTY (written and electronic form): Sa :gk IQI Traruwl.; i e a�`.�=Lai �%�ii 'i UIF Teyeo ee A54-tS —You must provide a full legal description. If more space is needed, please use a separate sheet. Ne wl—L1sti t, Note: The County may not accept the resolution approving your project if the legal description does not match their records. This may delay your project. PROPERTY ADDRESS: -6,'501 L -,kr. v? _V rivti ,,r$, Y►1rV PRESENT ZONING: Rest aQ '�A P.I.D.# EXPLANATION OF REQUEST: (Use reverse side or additional pages necessary) ARCHITECT: NAME: _1 N ELSON PHONE: %( l, -:717-1 R01 ZDPAW q -r b EMAi -: _-_sCXT JweDC`YYwomE.s IIC. corp - SURVEYOR; NAME: "O&CPtIONE; 743-607-30473 EMAIL' -tea 11; K8iDneSoM Statues and Edina Ond|VoDcea require that the following SondiUoOa must bosatisfied 3ffinnaOvO|y.Please fully explain your answers using additional sheets o[paper awn$oaeao'y. The Proposed Variance will: Rm|h»vop:actkca|diffiou|tie8inoomp|vinQ [—1 ' ` L_J with the zoning Ordinance and that the use is naoeonab|o Correct extraordinary circumstances applicable hmthis property but not applicable toother property in the vicinity or zoning district �� LJ Beinharmony With the general purposes ` and intent mfthe zoning ordinance ' Not alter the essential Cheraoter0fI neighborhood 2 APPLIC ANT'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 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. have completed all of the applicable filing requirements and, to the best of my knowledge, the documents and information I have submitted are true and correct. Applicant's Signature pate 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.) s Signature ` r Date Note. Both signatures are required (if the owner is different than the applicant) before we can process the application, otherwise it is considered incomplete. ' OMB No. 2502-0265 ii'iRill lii� A. Settlement Statement (HUD -1) 1. O FHA 2. ❑RHS 3. 0CommUnins 4. OVA 5. ❑ Cone las. 6. ❑ Seller Fm 7. ® Cash Sate. 6. File Number 1315010 7. Loan Number 8. Mortgage Ins Case Number C. Note: This toms is finnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent ate shone. Items malied .o.c. "wtsidetheclosituetehley aze shown here for inilkamational purposes and aro not included in the totals. D. Name &Address of Boimwer 5501 Lakevlow Properties, LLC E. Nmne & Address of Seller Christopher D. Draaan 5501 Lakeview Dr Edtnn, NIX 55424 F. Name & Address of Lwder G. Property Location 5501 Lakeetew Dr Edina, ININ 55424 " H. Senlemenl Agent Name Pierce County Abstract & Title Co., Inc 361 W. Main Street Eilsoortb, M 54011 715.273.5563 Underwritten B : Stewart I. Settlement Date 6/17/2013 Fund 6/17!2013 Place of settlement Pierce County Abstract & Title Co., Inc 361 W. Main Street Ellswrorlb, W154011 0CM=1%11z1l1,';g Millis ou.Eiross AntduutDue LvntDorroucr `:. r . '- ': - -. '. - -:.:: .... 400 -Gros Amount Due to Seiler _. _IU17'Coaltadsalccpiice '- S7 000.00 65, 40L Comra tsalesrice - � :..::'.... 5765,000.00 Pcrsntialpnspedy-. 402: Persunalpropeny -- 103: SeDldlleal dmhges to tK msu�' - $2,39250 403..,._ '• - 104. - 40-L 105. - 405:. - �AdJustmentsforitemspai AdJostmeatsforlle Imldbysellerinndmuce - I06..Cip•propetty shxas 06: Citypsopeny- .107" AssessmcntTaxes' 407: Assessment Taxes ' - 108. Schoolpropertytazes - 40g. School Property taxes 109.�biUbtaxrs - - 404;h1UD.taxes:',- - -_ .110} Other Wars •11 O:Odser taxes_ 11I. _CtpunyLsxesfi/17/13 _ 5363.70 41IJ,Cosuiry•Tnx. -. 6/17/13.711113 -_ ' . S363.70 3L2'... >..- -413. .415. ..116:;".. 416.:x- 120. Gross Amount Due FromDeriower $767756.20 420: Gross AmoulitDuelo-.4elle* • - $765,363;70 201).Amounts Paid Dy.Or in Behalf Of Borrower' SUO. Rcductbuslo Anhdunt:pue l0 Beller - - 201. Dhpnsii ur rnmest moneyc $5,000.00 50i. L•xcesidh{iosit(sea iiistiuetious)--- 202. Pdmoipalmaounl ofnew kmm(s) ':: -:. 502. Settiemeis[ctioiges to seller little l4oD)... SI8,t19,5D .:-. 203.,-Ecisting loau(s) tken suet t,o ... . 503 Eeishng loaii(tiidkenaubjec t to: ^_1 '. 14. '., 504:: Papuffaf. firstmortgogcimn -- - 205, -505s Pa vllofseciud modpage loan - 206. - 5061 Fmneck ktoney Rclainhd by Rcaltur - - $5,000.00 _`- 207. :.":` 508, .: 09. -::.,::, `;.: ;`:. .__:..-_... "..."' 509: 'AAJustnieuls forltenuun aid by Seller - `AdJuiOuedts far Items aupnld by seller - 210:CitypstyseitytaxeF' ty m eAY lata - 211. Asx`ssment TdXcsil _ - 51 I.-Asseisincol Taxes 212:`Schuolpnysetlyloidvs - - ,Si2: School Mytoxes 213:.MUPt1xy-. 513.MUD taxes - 2W.,OiGertoxss..."-. .. - 'SI4.Other lnxts. - 215. � _ 515- 515.".217•517. 217. _ .218:•` - _ - -Sts._ 220. Total Paid Qv/For Burrocar 000.00 520, Total Reduction Aniaiiii Dae Sclier S 219.50 300•.Cnsk.11ScitlemenrFronsfioDoirower - 600,CasltAtSettleitientTo/Fr6mSeller 301. Or Amount duc from bouovvr(line t20) -` :- 5767,756.20 Wt. Gets Alnountduc to idler(line420)_-. - - 5765,363.70 302. L,w imioums paid bp?or bum,w•er(Itnn 220) S5,000.00 ,602. Less leductioui ip arm. due Seller (116CM9) 523,219.50 303, Cosh From Harrower 5762,756.20 :603: Cas4To Selicr ' $742,144.20 s ae ruunu hsryunmg unman mr mhs cuttaueu of unomtaums rs 6tmlatedl at 3> smualas per mpunse ter hronwimg, mviewmg, and ralNihtmg the male. Thu ugerwy may not collect this inrorutatiun, and yuuam not", lubW N cuoipletu this funu, msiss it displays acmrcatiy valid OMB coatrul uuodssr. No cunfiden6alily is ussurW. this disclosmu is mandalusy. This is designed to provide the parties to a RMPA euvernt iransaclkm with information during the sealem mt prucr�. Previous editions are obsolete Page I of4 - HUD -1 700. Total Real Eilate broker Fees S20,000.00 .c Pntd Fttian RuJ Fn m Oiviijbnpl'Camtnissia+(line700)osfolknvS. 0pn"udiY - .Scikfs. RmJs 70LSt%000.00 _, tu- Lnusutficby's7nternnllone Fwidsnt nt .702. SI0,00000 -- .toaEdixa Reedy': Sealemeht-Srkkmtytt ,. S0.00 S15,000.00 70d•(E410 SS,DUO iu laki3 SoWrby's ;'.- ..u+ - �r;I 705. 0mk7 Cotwnission fic .. to Lakes Solbehys lnleriWtinx'1 5395.00 POC (B)- Paid Outside ofClosing by Bo"%vt. POC(S) -Paid Outside of Closing by Seller. POC (L) -Paid Outside ofCiasing by lender. Previous editions are obsolete Page 2 of 4 HUB -1 ITUM t CAd nugan posit foryourescroviaccourif 1001 -Daily interest chi rjes _V901 S ljttomeowwes i.s.—we V� 903 Loan Terms ,Oinrgc§ That CrunobtluireaW.,'. - �!:­IOUD LI ­AjIUD. Our origination charge : - -- I !�__ - Your c"t or charge (points) for thestimifivrate chosen:! $0.00 3 S0100 7 0 120 ITUM t CAd nugan posit foryourescroviaccourif 1001 -Daily interest chi rjes _V901 S ljttomeowwes i.s.—we V� 903 Loan Terms Cood rnithts4iihatte.. . 1201 S46.00 or % SO.00 $0.00 SO.00 $0.00 S0.00 $0.00 SO.00 S0100 $0.00 Cood rnithts4iihatte.. . 1201 S46.00 or % Your initial ion. amount SO.00 $0.00 Your initial interest mt. is $0.00 iI.M.20 SQ.00 Your initial ion. amount years Your initial interest mt. is �Vvm­ inilial.1119tuhl a m4uo!owjd!brpTin�jii y includes 0 Principal 0 Interest 0 Moripge Insurance Corwyour interest rateirlse? M3 No. 13 Yes, it can rise to a maximum of %.fhe it will been and can change agafnevery after. Every change date, your Interest rane can increase or de�rcasc by 56. Over the life ofihe loan, your intcr�sl rate is guaranteed to never be lower than % or higher than I 14-c �our loan bal", Even if �i�6 i anqc rise? 0 No. El Yes, it can rise to a mmitnum of lf ==ts on time, can. your monthly IM No. 0 Yes, the first increase can be on and the monthly amount owed t 1; interest, And mortmace insdiAhce rise? can rise to The maximum it can ever rise to is c on aywentpenalt3rl. 'bo sy �i8kbave a prep EM No. 0 -Yes, your maximum prepayment penalty is Does Yourloan hpyc it balloon pasinent? 'o. El Yes, youhave a balloontpayment of ducin yearson Tota[ mouthil—y amoun! oNved including escniiv account papnecta M You do net have a monthly escrow payment for items, such as property taxes and homeowner's insurance. You must pay these items directly yourself. 0 You have an additional monthly escrow payment of that results in a total initial monthly amount ok%,cd of. This includes principal, iulercs� any voulgage insuraims and any items checked below: 0 Property taxes 0 Honecownees Insurance 0 Flood insurance 13 13 13 Note: 117you haveany rivestions about the Settlement Charges and Loan Terms listed on this Jena, please contact yourleader. Previous editions ate obsolete Pago 3 ofil HUD -1 FSi x::..:i15DIJ 1'axat+nrW:i'sn}ixv:h:WD-1 Sxldl�a:F:.x•e�t s:S: •w:ix xtCp'bJx:1--'i: a -di tkt '^::d a: sltloin•GfIDacd°+u ad 1u-icrasuaL•r7lrij iv v'.zLY:r ie4n ucvc:Y Ixav'+i[CtJjc.:t 1. • � x i�cso l;3ul; uti; WD Smlrxa j5.)1}�Cei•'1'rnKLlt 7'l� ° Y ' SF.TD.E.I:: T.xGE�7 CEY.iA'.CAr70V ' Aa 1:D:5xWT"„Sul:.-c etix:.fh:ej•::raNis a:n+sf a;rxk 2 V.i, uaw.aiu lbxca::�,r cv F.et+h L.�ui ::+d'aLei vamteyv LL+cllm: l�iau-isfa'cG: h4x+w:ci::u.: t5xt'sJal k:u::.ala::r1l:pG,a.:r,_ra d.WhlK: rc:1: 1'Sl;tt'_-scs--x ��- :mr�,a sa:,a„ rola P—i.,:?11'—azo"Mold. N:4 Cr4 - - 110o-1 WARRANTYDEED Form No. I -M Minnesota Uniform Individuel(s)tobdividual(s)(Top 3lnehesResemedfor Recording Data) Conveyancing Blanks (6/17/97) DEED TAX DUE: S 2_624.50 Date: 06/17/13 FOR VALUABLECONSMERAITON, Christopher D. Dtazan and Gina Drazan. Hatband and Wife Grantor, hereby conveys and warrants to 5501 Lakeview Properties, LLC Grantee, I property in Hennepin County,Minnesota, described as follows: Lot 2, Block 8, Golf Terrace Heights, Hennepin County, Minnesota together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Restrictions, declarations, covenants, reservations and easements of record, if any Check box if applicable: The Seller certifies that the Seller does not know of any wells on the described real property. Awell disclosure certificateaccompanlesthis document. ❑ 1 am familiar with the property described in this instrument and 1 certify thatthe status and number of wells on the described real property have not changed since the last previously filed well disc rti te. Clrbta r D. D Affix DeedTax Stamp Here —"Gins rasa STATE OF MINNESOTA 1 COUNTY OF HENNEPIN j This instrument was acknowledged before me on June 17th. 2013 (Date) by Christopher D. Dmzan and Gina Dmzan, Husband and Wife w? SARAKIMANDERSON a Notary Public State of Minnesota MJanuory sio31,t 2018 Executive Mtle, Inc. 3217LGalleria Edina, MN 55435 (952)230-3181 5WOOZ4i SIGNATURE OP NOTARY PUB ICOROTHEROFPICIAL Check here if a0 at part of the land is Registered (Torres) Li Tax statements fat the real property described in this instrument should be sent to (include namc and address of Grantee): 5501 Lakeview Properties, LLC '- C CITY HOMES Design Excellence. Precision Building To: Edina Variance Board, We are requesting a variance related to the lot line set backs at 5501 Lakeview. Currently the house has a North lot line set back of 19.5' . By doing a tear down and new house construction, the setback would be determined by the house to the East and South. Both those house setbacks create a practical difficulty with a small available building envelope. To correct these circumstances we request a variance on the North lot line of 14.4° . As noted the current house sits at 19.5' from the North lot line and we will be improving the setback to 2 5.5'. The House to the East has a setback at 40.5', which is abnormally high. The Homeowners name to the East is Margret Shaw and she does not object to this variance request as noted in her attached approval letter. The setback to the lot line on the Eastside will increase from 21.6° to 25' and the setback to the lot line on the Southside will be at the required 11' distance. In our opinion, the proposed design fits in very well with the character of the neighborhood. It will be approximately 5,600 finished square foot colonial 2 story design by recognized Architect, Ben Nelson. This Home is being designed and built for Jay and Erin Matushak and their 3 Sons. :r LOCATION MAP [�:?I fN�IIQht�ad�Faa�d!!e L ! SurrownAno House Number Labels House Number Labels Stmet Name Labels Irfa 181 Oros 4704 I102 4700 4610 4601 +Bos 46M 4#02 4600 �/ CRY LIMBS Creeks pLuka Names GOLF TBV Lakes El Parks t3 4703 4M4M4701 4Bl7 4613 24 48U 46if 1809 46D7 4683 4014704 Parcels 4J@2 1t0p 1674 4612 400 1601 4we 1604 1602 4M s3r3 lAKF"Ox A � a.amr.sxew-Cag'gap:ltoeatie»a sQD2 n t 4811 1609 4607 4603 sof Side Street Setback Variance 4alf " SSOtt 5302 Hel,r.y Ful. � 5S00 4612 1608 46tH 1604 1e02 1600 ss9s a3o8 axon Edina, MN 55424 an am? �8» all 4Wmet 4M5512 4ea ftp!! 4M! 4#12 41m ssx seta 4829 4623 not 5328 SM 48 f3 sBoo A A A 5603 4626 1621 4820 4618 4812 1801 4704 esu :r s3r3 A � a.amr.sxew-Cag'gap:ltoeatie»a sQD2 n t B-13-14 Side Street Setback Variance PID: 1902824220027 5501 Lakeview Dr Edina, MN 55424 ftp!! :r LOGISMap Output Page Page 1 of 1 14- Z http://gis.logis.org/LOGIS ArcIMS/ims?ServiceNanie=ed LOGISMap_OVSDE&CIientVe... 8/1/2013 LOGISMap Output Page Page 1 of 1 X, 3 littp://gis.logis.org/LOGIS_ArelMS/ims?ServiceName=ed LOGISMap_OVSDE&ClientVe... 8/1/2013 Page 1 of 1 �7 file://ed-ntl/citywide/PDSImages/Photos/I902824220027001 jpg 8/1/2013 .. �f �T��7� 2 � r�-{.n "-'C` � �� i � C.�iF�� � ��� .i'v �. 4 CY � �F�� '° { � y Y � s +� �� �{ � � �� > c t � � t ' t ! 11 l,�a al „� — 3 i . yui C '; Fy ,� t $ ,4F r' ani � Sh Y,r 3 � � �, '�4 r ., � v 1� � z ����,� � , is �� y� ♦� ! 1y t _�'.. Page 1 of 1 file://ed-ntl/citywide/PDSImages/Photos/1902824220028001 jpg 8/1/2013 The Gregory Group d.b.a. LOT SURVEYS COMPANY, INC Established in 1962 LAND SURVEYORS REGISTERED UNDERTHE LAWS OF STATE OF MINNESOTA 7601731dAveaueNm& (763)360-3091 Monmpstis,aTmrxmu 53128 FaxNo.560-3322 3urtr.eyjar I.C�tPrifirtt#� Evia for 51TE PIAN SURVEY FOR. assumed''S CITY HOMES DESIGN + BUILD, LLC property located in Section 19, Township 29, Range 24, Hennepin County, Minnesota. Ptopaty Address: 5501 Lakeview Drive, Edina, MN Benchmark: Top nut of hydrant north side of Lakeview Dr. Elevation = 901AS feet LAKEVIEW DRIVE Lot 2, Block 8, GOLF TERRACE HEIGHTS Hennepin. County, Minnesota A 7 INVOICE NO. 81562 F.B.NO. 1070-10 SCALE: I"= 20' • D-1.Fmsaft- ell—evert O Mnoksamr amwmnr rOL17O Denotas Ezie6rp EMveaon �+-- lierrot- EAAv Carl— / -'1- Omotas propoaed 0.4— Proposed Hxdeover Resrderrce — 2626 sq. ft Front Porch — 246 -sq. ft Petro Areas — 643-150= 464 -sq. ft Total tUrdeover — 3536 sq. ft Area of Parcel - 15561 Zft Percentage of Hardcover2�?7563 tSprrd Grego Minn. Reg. No. 24992 /pbG-P016 lfi= I I ga 1 t n ` ' 't' � 1 $� fir. --- F The only easements doem are from plate ofmcmd m information provided by dent. t cer6ry That Mk pion. spedfeatfan, ormpon was prepared by me m under my=sapervisian and that I am a duly Licensed land Surveyor under Me lana of Me State of h9nnesote. Surveyed Oris 2nd day of July 2013. Lot 2, Block 8, GOLF TERRACE HEIGHTS Hennepin. County, Minnesota A 7 INVOICE NO. 81562 F.B.NO. 1070-10 SCALE: I"= 20' • D-1.Fmsaft- ell—evert O Mnoksamr amwmnr rOL17O Denotas Ezie6rp EMveaon �+-- lierrot- EAAv Carl— / -'1- Omotas propoaed 0.4— Proposed Hxdeover Resrderrce — 2626 sq. ft Front Porch — 246 -sq. ft Petro Areas — 643-150= 464 -sq. ft Total tUrdeover — 3536 sq. ft Area of Parcel - 15561 Zft Percentage of Hardcover2�?7563 tSprrd Grego Minn. Reg. No. 24992 /pbG-P016 Benchmark: Top nut of hydrant north side of Lakeview Dr. - The Gregory Group INVOICE No. 81517 LAKEVIEW DRIVE d.b.a. F.B.NO. 1070-10 tr�G LOT SURVEYS COMPANY, INC. SCALE: 1"= 20• ' 999.SOPvt Established in 1962 -EAST 99.$3 measure , I h CS LAND SURVEYORS Denntml m ent 4 /'tree tri 6 'IV q`L 6b904.4 8948 �, 0 DewtoO.Ohn.,nent C. REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 1 1 I f 76017RdAveuve North (763)560-3093 - Minneapolis, Minnesota 35428 1< No, 360-3522 ,rOOOO Denotes Exis*VEl-6., ' 9 garage fioor c�7 Lt ltP1 U S C�P t i -ate //904.5 can meter N tc\ \i I 1 89.45 1 1903.9 1 / t q Denotes ExhAV Cnnmm Basis for 005TING CONDITIONS SURVEY FOR: ,h- Denotes rroposed Conmur bssumeed is CITY HOMES DESIGN + BUILD, LLC ACJ assume 3.0 u. 97e6 -- .\ ''. •'• r .'f Co ncfe 1 &5bng Hardcover C Lgh_ I I I\ 503,7 Property located in Section 19, Township 28, Range 24, Rc5rdence = 2661 lstflcbr Hennepin County, Minnesota. Deck = 2B3-/50=133 sq. ft Total Hardcover = 2794 5q.ft Y(Hydrant Property Address: 5501 Lakeview Drive, Edina, MN Area of Parcel = 1555 f 5q. ft W-301.48 Percentage of Hardcover =17.99 Benchmark: Top nut of hydrant north side of Lakeview Dr. - Elevation = 901.48 feet LAKEVIEW DRIVE edge of Nr r- \ \ \ 905.e9 tr�G oasntihe ° 1 �� �a e '' ' 999.SOPvt I �' oh FtP` -- -EAST 99.$3 measure , I h CS 1 Its .�^ /�� 4 /'tree tri 6 'IV q`L 6b904.4 8948 �, �' • .sj . C. 1 1 I f 905.4 �\ CP' C34' '1;/ch 905.3 19.4• ` ' 9 garage fioor c�7 '\ 89.0 I 1 19tna� //904.5 can meter N tc\ \i I 1 89.45 1 1903.9 1 / t q \ 1 1 1 f I , 1 ' I < _ s -x - 29.0 G 1 1 eat 04.9 - ACJ 3.0 u. 97e6 -- .\ ''. •'• r .'f Co ncfe 1 to' o C Lgh_ I I I\ 503,7 lstflcbr 906.4 v t' IA 5.B<.6.5 \ 90A.8 904. r C -q 1 cp'� \ \ 4� 6 18.2 _ -x03.4 7Yr el 90 983. \ \ 3B.4 --1 i S $8.10'19" W' M-91 mezu2 ` 0.j L' Ory y0 -- 903y1 - 0 I � 903.7 r I f/ dram g. r I 1st flow 1 t I f 9070 l 1 2 -Story Frame � No. 5503 I 41.5 The only easements shown are from plats of record orinformation Lot 2, Block 8, GOLF TERRACE HEIGHTS provided by cilent. Hennepin County, Minnesota 1 certify that this plan, specification, or report was prepared by me under tm direct supervision and that I am a duly Licensed land or I r OR / N 1,p uti 1 'J5.9 I TT I 9p9 � - \ 1 n,m 35'birch 906.4 I 910.• ,9 V 4s >O4t _ , oz.s 1 1 rsrn r 3 uP 1 f \ 1 3 \ 11 I\ \ 1\ I I I � Porver Pde / I I r I I Surveyor under the lays of the State of Minnesota, Surveyed this 2nd day of July 2013. Rev Drawn By j,+�(�,t Signed File Nama GregoR Pra h, Minn. fteg. No. 24992 Gth-2-8Ib1070101nv81517.dwg MI E '9.67 4tlte 904.4 $ ie u • y l �Q t �� t c yA��1 1 rY dna tt '.° q 76• ! f \ 1 I , / � 905. •9 r - ' \ t M�p t 1 '1904.5 1 Kt A t { ewfer ,. rte 3'S91vzh E9�.45 H 1 1?mm t r s10K.4 t f t t t t r t t { •�A t I tt tt tt tl tt s2ae r " \ t t t r I 1 t 910.( \ { t i t M j•? ! Y uG \t1, pok t t t \ t 36 tod I . \ V A\ the 1 t ` 906.4 n r \ ro t /st W \ \ ~ '04 S.t<' 9ar.6 3 v t It Ilp \\ ` tou { \ 4N,6 � t ' `\ \ ' m3 r r s• L y tr 903. \ e7csi7t9 `—� t t S88'10'19'W138.91mea 4- , �' 1� '\ 'it r / t 1 l cQ t sa3.7 Coso31i ter' y7�` t1 7 \ ingrate t .i I ��- A-3 s � ®90265 t IYi R �P yg 1 s 1 t r Isa door 1 907.0 / t I - �-Story Frame 4 a t r No.5503 o t 3 � ' The only ememenls shown are from plata ofteeord or Intonation Provided by dIML Lot 2, Block 8, GOLF TERRACE HEIGHTS I cw* Nutt ora plan, spedtkidlM arroped was prepared by me or Hennepin County, Minnesota under my dveetsupervidon and VW I am t duly Lken sed land Surveyor under the kids of Me State ofMinnesota. Surveyed Ihk 2nd day of.kdy 2013. Rev -wn by t%IA—d Sgned Name Chu-2-anv8t582ombodwg Gr Pre , Minn. Reg. No. 24992 / +q The Gregory Group INVOICE NO. 81562 d.b.a LOT SURVEYS COMPANY, INC. 2Togo Establiehed in 1962 SCALE:-= LAND SURVEYORS °inoh"° ° ° a°t'r° " w REGISTERED UNDER TIM LAWS OF STATE OF MINNESOTA O uanows hon Llowarrur 760173rd AVt Nwdr (703)360.3093 hft..V ti;4Nmwob 33428 FexPto. 10.3522 •woo t3eba&k*v El.-S. 3ixrur yrs C�Pr ifir�t#e ---- oetnb. F�ds6vC.Aua /---__ D mum Pmpo'•e co bur Basis for slfxver FOP,bearings i3 mt,� CITY HOMES DESIGN + BUILD, LLC tlarc/coper Deck — 283-/50=133 sq. ft Total Nardeover = 2794 sq. ft ProMly located in Section 19, Towjnhip 28, Range 24, Arca of Parcel — 15561 -sq. ft Hermgiu County, M"lmlesota. Percentage of Hardcover X17 9S YNR W-901.46 Property Address 5501 Lakeview Drive Edina, MN Proposed ffardcou> r Resrderaae — 2826 s* It Benchmark: Top nut of bydrard north side of Lakeview Dr. Front Porch s 246 sq. ft Patio Areas = 643-150= 464 -sq. ft Elevation =901.48 feet Total Hardcover = 3536 sq. k Area of Parcel — 15561 sq.ft LAKEVIEW DRI VE Percentage of Har *ww =22.7% sas.69 '9.67 4tlte 904.4 $ ie u • y l �Q t �� t c yA��1 1 rY dna tt '.° q 76• ! f \ 1 I , / � 905. •9 r - ' \ t M�p t 1 '1904.5 1 Kt A t { ewfer ,. rte 3'S91vzh E9�.45 H 1 1?mm t r s10K.4 t f t t t t r t t { •�A t I tt tt tt tl tt s2ae r " \ t t t r I 1 t 910.( \ { t i t M j•? ! Y uG \t1, pok t t t \ t 36 tod I . \ V A\ the 1 t ` 906.4 n r \ ro t /st W \ \ ~ '04 S.t<' 9ar.6 3 v t It Ilp \\ ` tou { \ 4N,6 � t ' `\ \ ' m3 r r s• L y tr 903. \ e7csi7t9 `—� t t S88'10'19'W138.91mea 4- , �' 1� '\ 'it r / t 1 l cQ t sa3.7 Coso31i ter' y7�` t1 7 \ ingrate t .i I ��- A-3 s � ®90265 t IYi R �P yg 1 s 1 t r Isa door 1 907.0 / t I - �-Story Frame 4 a t r No.5503 o t 3 � ' The only ememenls shown are from plata ofteeord or Intonation Provided by dIML Lot 2, Block 8, GOLF TERRACE HEIGHTS I cw* Nutt ora plan, spedtkidlM arroped was prepared by me or Hennepin County, Minnesota under my dveetsupervidon and VW I am t duly Lken sed land Surveyor under the kids of Me State ofMinnesota. Surveyed Ihk 2nd day of.kdy 2013. Rev -wn by t%IA—d Sgned Name Chu-2-anv8t582ombodwg Gr Pre , Minn. Reg. No. 24992 / +q A/,� 5501 Lakeview Drive Rear Elevation htuo �Ne sh 5501 Lakeview Drive Left Elevation 110 L'u • r -r e...a 11,152 I i 5501 Lakeview Drive First Floor Plan A6 1— Dep �+ �H1�-C-V• NOTES: �e«,wN�■.�.�N,u,e �xOn01 fMafi00ertcianaN rvaYn[e�Nou RE omiWnxiOHL _ 1�MAwily�etsRN�t�NMM'�ooP�ilt�WO+IwxuRML. FIRST FLOOR SQ FT. - 1951 SQ.FT. GARAGE SQ.FT. - 917 SQ.FT. I _ y A � y RL y y l - - - - - - - D PAW DINETTE MiaPl� Pv.�YxYµPM,e go Xw ROOM �o a 1 I i _ uu rgrinY onorrteev a s _ ■ oD■x.xPPu � ArMtYm•�CcxMe t �'� Im< ■ N � �I �� �j—� /rn3E�5ON PDpOX ��IY u N U UD— MM TMTM >o � - - — _ ry X MVEREDPRONT ww� ( � I�P1xlf• 1�.p• f a 5501 Lakeview Drive Second Floor Plan i A7 lau. om. sob .-iia MN0°°aiuw°�r: �w"se: w:ro_ mon,MxO1�"m'", x_ SECOND FLOOR SQ.FT. - 1934 SQ.FT. BONUS ROOM SQ.FT. - 540 SQ.FT. b xM,.xa. LG -gxo�"�ac "aRSdffi' _ B�CM19 PCOM _ �i 6 5 � . TUiX 3 B�OPCOM� o �en C 0W.LG x _ -Now b 0 S xv___ B�EONCOM2�if1 DECK i BPTX Q ae I y w, # SII ni'a"mb � F aimgg01oneuwvuT nb.XwI vMamu a.} -------------X' , I B.mntl Floor 9 I West View of Existing Home ;`� West View of Proposed New Home l�, Public Hearing Pe Sussman, 6904 Mark Terrace Drive, addressed the Commission and informed them the property ners and builder were very helpful during this process. Concluding, Sussman said he was pleased'with the outcome; the revisions are acceptable. Commissioner Platteter moved to close the public hearing. Commissioner Carpenter seconded the motion. All voted aye; motion`carried. Discussion Commissioner Carpenter said he believes the variance ' 'ustified and commended all parties on working together to achieve an acceptable outcome. Motion Commissioner Carpenter moved approval based on staff findings and subject to staff conditions. Commissioner Platteter seconded the motion. All voted aye; motion carried. B. Variance. Chris Drazan. 5501 Lakeview Drive, Edina, MN. Planner Presentation Planner Aaker informed the Commission the subject property is a corner lot located south and east of Lakeview Drive. The property owner is proposing to build a new home that will conform to all of the ordinance requirements with the exception of the required setbacks from Lakeview Drive. Planner Aaker concluded that staff recommends that the Planning Commission approve the variance based on the following; with the exception of the front yard setback variance all standards and ordinances are met; the proposed use of the property is reasonable because it will uphold the established front setback pattern already existing on the block and the practical difficulty is complying with the deep front yard setbacks and the angle of the east lot line. Approval is also subject to the plans presented Appearing for the Applicant Doug Johnson, Builder Page 3 of 14 Applicant Presentation Mr. Johnson explained that Mr. Drazan could not be present this evening, adding Mr. Drazan informed him he spoke with neighbors; however, he was not made aware of what was discussed. Public Comment. Margaret Shaw, 4611 Lakeview Drive expressed concerns on the location of the new house. Commissioner Grabiel moved to close the public hearing. Commissioner Potts seconded the motion. All voted aye; motion carried. Discussion Commissioner Grabiel said in his opinion this is more of a "McMansion" issue. He pointed out the proposed house is twice as large as the existing house. Grabiel acknowledged that except for the front yard setback variance the rest of the house meets code; however, it is also possible more could be done to mitigate the impact of the new house from the adjoining neighbor. A discussion ensued on the rationale of shifting the house with the observation made that shifting the house could also create other issues for the neighbor. Commissioner Forrest commented that in her opinion this is a catch-22, adding in a sense the Commission must do a balancing act. Forrest said one comment she has is that the garage wall is too "blank", adding something needs to be done to soften its impact. Forrest acknowledged regardless of what happens the new house will be a change to the neighbor. Chair Staunton said in his opinion the practical difficulty in this instance is that the subject lot is required to maintain two front yard setbacks. Most lots are required to meet one front yard setback; not two. Motion Commissioner Potts moved variance approval based on staff findings and subject to staff conditions. Commissioner Carr seconded the motion. Ayes; Potts, Platteter, Carr, Staunton. Nay; Grabiel, Carpenter, Forrest. Motion carried. C. Conditional Use Permit with Variances. Christian Dean. 6612 Indian Hills Road, Edina, MN Planner Presentation Planner Aaker informed the Commission the property owner, Malcolm Liepke, is proposing to tear down the existing multi-level house built in 1953 and construct a new home at 6612 Indian Hills Road. The lot Mr. Liepke owns to the east, at 6608 Indian Hills Road will remain vacant. Aaker noted the property is a corner lot located north of Indian Hills Road and east of Indian Hills Circle. The property backs up to Page 4 of 14 41ZO