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HomeMy WebLinkAboutResolution No. 2013-057 Approving Conditional Use Permit & Variance 6612 Indian Hills Road For Malcolm Liepke 9jr1Al k �oer RESOLUTION NO. 2013-57 APPROVING A CONDITIONAL USE PERMIT &VARIANCE AT 6612 6612 INDIAN HILLS ROAD FOR MALCOLM LIEPKE BE IT RESOLVED by the City Council of the City of Edina,Minnesota,as follows: Section 1. BACKGROUND. 1.01 The applicant is requesting a Conditional Use Permit and Variances to tear down and construct a new home at 6612 Indian Hills Road. 1.02 A Conditional Use Permit and Variances are requested to allow the first floor elevation of the new home to exceed the first floor elevation of the existing home by more than one foot. The applicant is proposing to raise the first floor elevation 3.8 feet above the existing first floor elevation;2.8 feet about the allowable limit. The first floor of the existing home is at 900.2 feet with an allowed increase in height by code to 901.2 feet.The height of first floor for the new home would be at 904 feet. 1.03 A 8.67 foot setback Variance from Arrowhead Lake to locate the new home 4.22 feet farther back from the lake than the existing home. A 25 foot setback Variance is requested to allow terrace area to be 50 feet from Arrowhead Lake. 1.04 A 3.08 foot setback variance from Indian hills Road for a minor point intrusion into the setback for a partial sub-grade garage. 1.05 The property is legally described as follows: Lot 1,Block 2,Indian Hills and Lot 1,Block 1,Indian Hills Peterson Addition according to the recorded plat thereof,Hennepin County,Minnesota 1.06 On May 8,2013, the Planning Commission moved to approve the request of the Variances and Conditional Use Permit.The motion failed approval by an even split vote. Section 2. FINDINGS 2.01 Approval is based on the following findings: 1. The proposal meets the Conditional Use Permit conditions of the Zoning Ordinance Section 850.04, Subd E. 2. The proposal will keep the new first floor at approximately the same height as the existing main level of the home. CITY OF EDINA 4801 West 50th Street•Edina,Minnesota 55424 www.EdinaMN.gov 9 952-927-8861 • Fax 952-826-0389 RESOLUTION NO.2013-57 Page Two 3. The proposed home is in character within this neighborhood. There are a variety of housing styles throughout the Indian Hills neighborhood. There have been a number of properties that have had homes re-built on them that are of similar or are larger in size, mass and scale. 4. The proposal would meet the required standards for a variance, because: a. The improvements would provide a reasonable use of a corner lot subjected to two front yard setbacks. The proposed home would uphold the established front setback pattern already existing on the block. The setback proposed for the home from Arrowhead Lake would be farther back from the Lake edge than the existing home. Because of the angle of setback from the Lake, only a small portion of the terrace extends beyond the setback of the existing home. b. The setback from Indian Hills Road is for a minor point intrusion of the subgrade garage. The intrusion is a small triangular over-lap into the setback. C. The home is appropriate in size and scale for the 49,079 square foot lot. The home is designed to be low profile and to fit within the existing topography. The neighbor to the east has a"no build" lot between their lot and the new home limiting impact to the east. d. The practical difficulties include the steep slopes on the lot, the irregular shape of the lot, and the required setbacks based on the adjacent home which has an 80-foot front yard setback, and the 75 foot setback required from Arrowhead Lake. e. This lot is subjected to much deeper setbacks than a typical single dwelling lot. f. The first floor is defined by the entry level of a multi-level home instead of defined by the existing main floor of the current home. There are two entry doors along the front elevation with one at a higher elevation than the proposed first floor. The proposed first floor will match what is considered the main floor of the multi-level home. g. The purpose behind the ordinance is to maintain an adequate distance from water bodies. The ordinance is meant to prevent a continual erosion of the setback standards. Duplicating the Lake setback of the existing home would not compromise the intent of the ordinance to provide spacing from a natural resource. The new home will be 4.22 feet farther back from the Lake than the existing home. The new home is low profile with a flat roof and would be elevated above the Lake. Section 3. APPROVAL NOW THEREFORE,it is hereby resolved by the City Council of the City of Edina,approves the Conditional Use Permit and Variance to allow construction of a new home at 6612 Indian Hills Road,subject to the following conditions: 1. The site must be developed and maintained in conformance with the following plans: • Site Plan dated June 7,2013 ' RESOLUTION NO. 2013-57 Page Two • Grading and Erosion control Plan dated June 6,2013. • Landscape Plan dated July 8,2013. • Building plans and elevations dated June 7,2013. 2. Submit a copy of the Nine Mile Creek Watershed District permit if required. The City may require revisions to the approved plans to meet the district's requirements. 3. Final grading and drainage plans are subject to review and approval of the City Engineer prior to issuance of a building permit. Drainage patterns may not be directed to adjacent properties. 4. The execution and recording of a Conservation Restriction 50 feet upland from the Ordinary High Water level of Arrowhead Lake. Adopted by the City Council of the City of Edina,Minnesota o J 1y,16 2013. i ATTEST: Debra 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 July 16,2013,and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of ,2013. City Clerk