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HomeMy WebLinkAboutResolution No. 2017-147 Denying Variance 5712 Woodland Lane RESOLUTION NO. 2017-147 RESOLUTION DENYING A VARIANCE AT 5712 WOODLAND LANE TO EXCEED THE I-FOOT FIRST FLOOR ELEVATION OF THE PREVIOUS HOME AT 5712 WOODLAND LANE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section I. BACKGROUND. 1.01 Refined, LLC requested a variance to increase the first floor elevation of the new home 6.1- feet higher than the current first floor elevation. 1.02 The property is legally described as follows: Lot 4, Colonial Grove Fourth Addition, Hennepin County, Minnesota. 1.03 Edina City Code Chapter 36 requires that a new structure be allowed a maximum I-foot increase in height of an existing first floor. 1.04 The applicant is proposing to increase the first floor building height 6.1-feet higher than the current first floor elevation. This requires a variance from Edina is zoning ordinance Chapter 36. 1.05 Minnesota Statutes, Section 462.354, Subdivision 12, and City Code Chapter 36 Division II Administration authorizes the Board of Adjustment and Appeals to grant variances. 1.06 On October 1 1, 2017, the Edina Planning Commission, acting as the Board of Adjustments and Appeals, held a public hearing on this application. The applicant was provided the opportunity to present information. The Board considered all of the hearing testimony and the staff report. The variance was granted on a vote of 4 ayes and 2 nays. 1.07 On October 16, 2017, Mr. Tracy R. Eichhorn-Hicks, 5798 Woodland Lane, Edina, MN, appealed the Planning Commission's approval of the variance request to the City Council. 1.08 On November 7, 2017, the Edina City Council held a public hearing on this appeal of a variance application. The appellant was provided the opportunity to present information. The City Council considered all hearing testimony and the staff report. The City Council voted unanimously to table the application until December 19, 2017, to give the applicant opportunity to redesign the proposal. 1.09 On December 19, 2017, the Edina City Council considered the redesign submitted by the applicant and denied the variance based on the following findings of fact. CITY OF EDINA 4801 West 50th Street.Edina,Minnesota 55424 www.EdinaMN.gov•952-927-8861 • Fax 952-826-0389 KtJULU I IUN NU. LU I/-14/ Page 2 Section 2. FINDINGS 2.01 The variance will alter the essential character of the neighborhood. The proposed building height is too high given the proximity to the adjacent single-family homes and is out of scale with the neighborhood. The existing home on the property is a rambler or split entry as are most of the homes in the area. The applicant could construct homes of other styles which would be in keeping with the essential character of the neighborhood. 2.02. The first floor elevation and the front door of the new home are too high compared to adjacent homes. 2.03. The applicant has not demonstrated that a new home cannot be built on the property without the benefit of the first floor height variance as requested. 2.04. There is a single dwelling unit on the property currently, which is a reasonable use of the property. 2.05. The Flood Plain Ordinance allows for improvements to properties within the flood plain. The existing home has potential for improvement within the flood zone as provided by the ordinance. 2.06 Because of the existing sewer line and the location of the flood plain, the buildable area of the lot is significantly smaller than it appears. Section 3. DENIAL NOW THEREFORE, it is hereby resolved that the City Council f the City of Edina, denies the Variance as requested by the applicant for first floor height. ATTEST: L,b"M J Deb Mangen, City Clrk ames . Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) KU)ULU I IUN NU. 2U I /-14/ Pa?e 3 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 December 19, 2017, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2017. Deb Mangen, City Cle