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HomeMy WebLinkAboutResolution No. 2011-079 Prelim Plat With Variance 5829 Brookview RESOLUTION NO. 2011-79 APPROVING A PRELIMINARY PLAT WITH VARIANCES o� a AT 5829 BROOKVIEW AVENUE City of Edina BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 Kirby Herman is requesting a Preliminary Plat of 5829 Brookview Avenue to divide the existing parcel into two lots. 1.02 The following described tract of land is requested to be divided: Lots 15 & 17, Block 1, Fairfax, according to the recorded plat thereof, Hennepin County, Minnesota. 1.03 The owner of the described land desires to subdivide said tract in to the following described new and separate parcels(herein called "parcels") described as follows: Lots 1 and 2, Block 1, Fairfax 3`d Addition. 1.04 The proposed subdivision requires the following variances: • 1. Lot width variances from 75 feet to 50 feet for each lot; and 2. Lot area variances from 9,000 square feet to 6,703 and 6,702 square feet. 1.05 On July 27, 2011, the Planning Commission recommended approval of the Preliminary Plat and Section 2. FINDINGS 2.01 Approval is based on the following findings: 1. The vast majority of the parcels on this block and in the neighborhood are made up of 50-foot wide lots. 2. A practical difficulty is caused the applicant by requiring a 100-foot lot, and not allowing 50-foot lots, which is the character of the neighborhood. 3. The circumstance unique to the property is that the property was originally platted as two 50- foot lots, long before the applicant owned the property. In denying the application, the property owner would be denied a use of his property, a 50-foot wide lot, which is common to the area. 4. The variance does not alter the essential character of the neighborhood. The exceptions to the neighborhood are oversized lots including lots with unique circumstances including one that has obtained land from a vacated right-of-way and the other due to utility lines and easements that • run along the side lot lines. City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA,MINNESOTA, 55424-1394 www.CityofEdina.com TTY 952-826-0379 RESOLUTION NO. 2011-79 Page 2 • Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves the Preliminary Plat and requested Variances for the proposed subdivision of 5829 Brookview Avenue. Approval is subject to the following Conditions: 1. The Final Plat must be filed within one year of City Council approval. Adopted this 16th day of August, 2011. ATTEST: "�'b 'A ( ebra A. Mangen, City Clerk James B. Hovland, Mayor 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 August 16, 2011, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this Vday of City C er