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HomeMy WebLinkAboutResolution No. 2008-055 Final Development Plan 3101-3201 West 69th Street RESOLUTION NO. 2008-55 A, APPROVING A FINAL DEVELOPMENT PLAN WITH VARIANCES AND o� A CONDITIONAL USE PERMIT AT 3101-3201 WEST 69T" STREET City of Edina BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 DJR Architects on behalf of Tom Miller are is requesting a Final Development Plan with Variances and a Conditional Use Permit to tear down the existing two office buildings on these sites and build two buildings containing retail space that would total 18,000 square feet, and a 114-unit, 4-story apartment building at 3101-3201 West 69th Street. 1.02 The following Variances are requested: 1. Retail building setback variances from 35 feet to 20 feet from York Avenue and 69th Street. 2. Apartment building setback variances from 54 feet to 35 feet from York Avenue and 69th Street. 3. A parking lot setback variance from 20 to 5 feet. 4. A building height variance from 50 feet to 54 feet for the apartments. 1.03 On May 28, 2008, the Planning Commission (4-3-1) recommended approval of the requests. • 1.04 On June 5, 2008, the Zoning Board of Appeals unanimously approved the variance. Staff appealed the decision in order for the City Council to take final action on the Final Development Plan, Conditional Use Permit and Variance. Section 2. FINDINGS 2.01 Approval is based on the following findings: 1. The proposal would meet the required standards and ordinances for a final development plan. 2. The proposal would meet the required standards for a variance, because: a. The proposed use of the property is reasonable; as it would encourage ground level retail and service uses that create an active pedestrian and streetscape environment. b. The intent of the ordinance is to encourage retail uses to create an active pedestrian and streetscape environment that can provide future pedestrian connections. c. The building height and setback variances for the apartments are now required because of the recent Zoning Ordinance amendment that now requires the building • height to be measured from existing grade. 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. 2008-55 Page 2 r • d. The proposed height and setbacks have not changed from the original plans. However the building is now over 50 tall when measuring from existing grade rather than proposed grade, therefore, the setback requirement increases from 35 feet to 54 feet. e. If the project were built as a traditional strip mall with parking in front of the building, all setbacks would be met. f. The proposal enhances the entrance to the street. g. The variance for the parking setback would provide parking close to the store front entrances, similar to parallel or on-street parking in front of stores. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves the Final Development Plan with the requested Variances and the Conditional Use Permit to allow housing at 3101-3201 West 691h Street. Approval is subject to the following Conditions: Approval of the final development plan 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: • Site plan dated June 9, 2008. • Grading plan dated April 28, 2008. • Landscaping plan dated June 9, 2008. • Building elevations dated April 28, and June 9, 2008 • Roof plan dated June 9, 2008 2. The following must be submitted to the City before the City issues a building permit: a. A final landscape plan for staff approval b. Record the resolution with the county. 3. The property owner was responsible for replacing any required landscaping that dies. 4. Submit a copy of the Nine Mile Creek Watershed District permit. The City may require revisions to the approved plans to meet the District's requirements. 5. All storm water from this site must be treated on-site. 6. Compliance with the conditions required by the City Engineer in his memo dated May 22, 2008. 7. Compliance with the conditions required by the Transportation Commission. 8. A developer's agreement was required for public water main installation along West 69th Street and Xerxes Avenue, and for the sanitary sewer along West 69th Street. 9. Two surface parking spaces in front of the apartments must be eliminated to meet the required parking space setback from West 69th Street. 10. Bike storage must be provided to meet City Code. • 11. No drive-through window access allowed for the retail buildings. 12. Fifty percent (50%) of the retail users in the building that faces York Avenue must have doors that have public access openings to the street. RESOLUTION NO. 2008-55 Page • 13. The project will be built according to the final plans and specifications and with materials as presented at the June 17, 2008 City Council meeting. Adopted by the city council of the City of Edina, Minnesota, on June 7, 2008. ATTEST: IL /I A. Mangen, City Cle ames 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 June 17, 2008, and as recorded in the Minutes of said Regular Meeting. • WITNESS my hand and seal of said City this day of 2008. City Clerk •