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HomeMy WebLinkAboutResolution No. 2013-020 Approving Variance for Crescent Terrace o se��22,, v � . .2y •���buwnrcw°. eoe RESOLUTION NO. 2013-20 APPROVING A FRONT YARD SETBACKVARIANCE AT 5801 CRESCENT TERRACE BE IT RESOLVED by the City Council of the City of Edina,Minnesota, as follows: Section 1. BACKGROUND. 1.01.1 On December 12,2012, the Planning Commission approved a 25.85 foot front yard setback variance,by a 7 to 1 vote,to build a new home at 5801 Crescent Terrace.The variance granted would place the new home at the same 51.9 foot nonconforming front yard setback as the existing home on site that was built in 1953. On December 17,2012,the Edina City Clerk received a notice of appeal from Kevin Gilligan,5804 Crescent Terrace,requesting that the City Council review the Planning Commissions approval of case #B-12-12,5801 Crescent Terrace for a 25.85 foot front yard setback variance. On February 13,2013,the Edina City Clerk received a notice of conditional settlement of the variance appeal indicating that the appellant will withdraw the pending appeal of the December 12,2012, decision of the Planning Commission, granting a 25.85 foot front yard setback variance,provided the Edina City Council approves and ratifies terms and conditions of the proposed reduced variance as agreed upon by the applicant Nicole Sunberg and the appellant Kevin Gilligan listed as conditions to variance approval.The variance requested has been reduced to 9.75 feet to allow a front yard setback of 68 feet for a new home to be built on the property. 1.02 The following described tract of land is requested for variance: That part of Lot 26 lying Northerly of a line running from a westerly line of said lot a distance of 60 feet Northerly from the Southwest corner thereof to a point in the Easterly of said lot a distance of 46.9 ft. Northerly from the Southeast corner thereof, ROLLING GREEN, Hennepin County,Minnesota. 1.03 City Code Section 850.11, requires if there are existing dwelling units on abutting lots on both sides of the lot. The front street setback shall be the average of the front street setbacks of the dwelling units on the two abutting lots. 1.04 The applicant is proposing a 68 foot front yard setback. This requires a variance of 9.75 feet. 1.05 On December 12, 2012, the Planning Commission recommended approval of a 25.85 foot front yard setback variance on a Vote of 7-1. The Planning Commissions decision was appealed to the City Council on December 17,2012,with the applicant and the appellant agreeing Section 2. FINDINGS 2.01 Approval is based on the following findings: 1) The proposal would meet the required standards for a variance,because: CITY OF EDINA 4801 West 50th Street•Edina,Minnesota 55424 www.EdinaMN.gov•952-927-8861 •Fax 952-826-0389 r RE30LUTION NO. 2013-20 Page Two a. The proposed use of the property is reasonable;as the proposed home will uphold the established front setback pattern already existing on the block. b. The practical difficulties in complying with the ordinance include the triangular shape of the lot and resulting amount of front yard that must be maintained given the required setback and the imposition of a deeper front yard setback given that the lot has always had a home located closer to the street than neighboring properties. 2) With the exception of the variance requested,the proposal would meet the required standards and ordinances for the R-1,Single Dwelling Unit District. 3) The proposed use of the property is reasonable;as it is consistent with the Comprehensive Guide Plan. 4) The proposal is in harmony with the intent of the ordinance since it will allow replacement of a home that had occupied the lot in the past and was originally located closer to the street. Section 3. APPROVAL NOW THEREFORE,it is hereby resolved by the City Council of the City of Edina,approves the Variance for the property located at 5801 Crescent Terrace,Edina,MN. Approval is subject to the following Conditions: 1) The front street setback variance to be granted shall be reduced to 9.75 feet. 2) The home and garage to be constructed on the property shall be built within the boundaries specified on the applicant's approved revised plans date stamped by the city on February 19,2013. 3) The garage to be constructed on the property shall not exceed a single story in height. 4) The plans shall not contain,nor shall applicant permit the construction or installation of, any large driveway turnaround depicted on the original site plans that the applicant submitted to the city in connection with the original variance application. Adopted this 19th day of February,2013. _<ES,OLUTION NO. 2013-20 Page Two ATTEST: Debra A. Mangen,City'ClerlQ 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 ouncil at its Regular Meeting of February 19,2013,and as recorded in the Minutes of said Regular Meeting:., WITNESS my hand and seal of said City this day of 2013. *CI4rk Doc No A09939555 Certified, filed and/or recorded on 4/15/13 12:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 47 Pkg ID 958199M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 a This cover sheet is now a permanent part of the recorded document.