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HomeMy WebLinkAboutResolution No. 2009-080 Approving Final Development Plan With Variances for Hellmuth & Johnson at 8050 West 78th Street RESOLUTION NO. 2009-80 w91, APPROVING FINAL DEVELOPMENT PLAN WITH VARIANCES FOR HELLMUTH &JOHNSON t a moo) AT 8050 WEST 78TH STREET City of Edina BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 Hellmuth &Johnson Law is proposing to build a 5-story, 35,000 square foot office building with three stories of parking below two stories of office. 1.02 The property is legally defined as follows: Lot 2, Block 1, Braewood Park Second Addition. 1.03 On September 2, 2009, the Planning Commission unanimously recommended approval of the Final Development Plan and Variances. 1.04 On September 3, 2009, the Zoning Board of Appeals unanimously approved the variances. Staff appealed the decision in order for the City Council to take final action • on the Final Development Plan and Variance. Section 2. FINDINGS 2.01 With the exception of the variances, the proposal would meet the required standards and ordinances for a Final Development Plan. 2.02 The proposal meets the required standards for a variance, because: 1. There is a unique hardship to the property caused by the shape of the lot, and the significant wetlands located over the north half of the site. 2. The variance would meet the intent of the ordinance because the building is reasonably sized given the allowed FAR in the POD-1 district is .50. The proposed FAR is .33. 3. The increase in the height of the building is due to minimizing the impact of the wetland by building a surface parking lot. The office portion of the building is two stories and the parking ramp three stories. • 4. The building height is generally consistent with buildings and ramps in the area. There is an approved plan for an 8-story building and 5-story parking 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. 2009-80 • ramp for the property to the west; and there are 4-story existing office buildings to the east. 5. The site's location adjacent to Interstate-494. 6. The high water table prevents the parking from being constructed under ground. 7. The increase in density could be supported by existing roadways, as determined in the traffic study done by Westwood. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves the Final Development Plan and Variances at 8050 West 78th Street. • Approval is subject to the following Conditions: 1. The site must be developed and maintained in conformance with the following plans, unless modified by the conditions below: • Site plan date stamped August 6, 2009. • Grading plan date stamped August 6, 2009. • Landscaping plan date stamped August 6, 2009. • Building elevations date stamped August 6, 2009 • Wetland Impact plan date stamped August 6, 2009 2. The property owner is responsible for replacing any required landscaping that dies. 3. Plans are subject to review and approval of the Nine Mile Creek Watershed District. If approved by the District, the city may require revisions to the approved plans to meet District requirements. 4. Plans are subject to review and approval of any permits required by MnDOT. If . approved, the city may require revisions to the approved plans to meet MnDOT requirements. 5. All storm water from this site must be treated on-site. RESOLUTION NO. 2009-80 • 6. Compliance with the conditions required by the city engineer in his memo. 7. Compliance with the conditions required by the Transportation Commission. 8. All buildings must be built with sprinkler systems, subject to review and approval of the fire marshal. 9. Per Section 850.10. Subd. 3.B of the City's Zoning Ordinance, a letter of credit, performance bond or cash deposit must be submitted in the amount equal to 150% of the proposed landscaping. 10. Off-street provision of 9 bicycle parking spaces must be provided on site, subject to approval of the city engineer. 11. Building must be built per the building materials board presented to the City Council on September 15, 2009. • 12. The property owner must install a sidewalk along 78th Street with the reconstruction of 78th Street and/or the I494/169 interchange. Adopted by the city council of the City of Edina, Minnesota, o September 15, 2009. ATTEST: Debra A. Mangen, City CfWrk Jaynes B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) • RESOLUTION NO. 2009-80 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 September 15, 2009, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 1 day of , 2009. City Clerk •