HomeMy WebLinkAboutResolution No. 2014-079 Denying Rezoning 3923 49th St o
RESOLUTI NO. 2014-79
DENYING PRELIMINARY REZONING FROM R-1 TO R-2;
LOT AREA AND WIDTH VARAINCES; BUILDING COVERAGE VARIANCES;AND
SIDE YARD SETBACK VARIANCES
BE IT RESOLVED by the City Council of the City of Edina, Minnesota,as follows:
Section 1. BACKGROUND.
1.01 Mathias Mortenson is proposing to tear down a single-family home and construct a new
double dwelling unit at 3923 49th Street.
1.02 To accommodate the request,the following land use applications are requested:
1. A Preliminary Rezoning from R-1,Single Dwelling Unit District to R-2,Double Dwelling
Unit District;
2. Lot Area Variance from 15,000 s.f. to 8,816 s.f.;
3. Lot Width Variance from 90 feet to 65 feet;
4. Building Coverage from 25% to 32%;and
5. Side yard setback Variance from 15 feet to 5 feet 10 inches on the east side.
• 1.04 On June 25,2014 the Planning Commission made a motion to approve the requested rezoning
and variances failed on a 4-4 Vote.
1.05 On June 25,2014,The Planning Commission recommended approval of the rezoning
contingent on the approval of the variances as requested.Vote: 7 Ayes&1 Nay.
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Section 2. FINDINGS
2.01 The variance criteria are not met.
2.02 The current zoning is consistent with the Comprehensive Plan.
2.03 The multiple variances requested demonstrate that the property is not suitable for R-2
Zoning.
2.04 There are no practical difficulties in complying with the zoning ordinance. The property
owner does not propose to use the property in a reasonable manner prohibited by the zoning
ordinance. It is not reasonable to deviate from the ordinance requirements when there is
nothing unique about the property that justifies the variances. The need for variances is
caused by the applicants desire to build such a large two-family dwelling on the site.
• 2.05 Reasonable use of the property exists with the two-story single family currently located on
the property.
CITY OF EDINA
4801 West 50th Street•Edina,Minnesota 55424
www.EdinaMN.gov•952-927-8861 •Fax 952-826-0389
RESOLUTION NO. 2014-79
Page 2
2.06 The size of the proposed structure creates the need for the lot coverage variance,and the side
yard setback variance.
2.07 The City has traditionally not granted variances for building lot coverage when tearing down
a home (single-family home or duplex) and building a new one.
2.08 Proposed building coverage would be nearly triple the building coverage that exists today
with the single family home.
Section 3. DENIAL
NOW THEREFORE,it is hereby resolved by the City Council of the City of Edina that the
preliminary rezoning,lot area and width variances;building coverage variance and side yard setback
variances proposed at 3923 49th Street are denied.
Adopted by the city council of the City of Edina,Minnesota,o 1 15,2014.
ATTEST: 411 -
Debra A. Mangen, 'ty rk ames B. Hovland,Mayor
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STATE OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
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 Resolution was duly adopted by the Edina City Council at its Regular
Meeting of July 15,2014,and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of ,2014.
City Clerk
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