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HomeMy WebLinkAboutResolution No. 2013-103 Approving A Preliminary Plat With Variances 5820 Brookview Avenue �1 0 RESOLUTION NO. 2013-103 APPROVING A PRELIMINARY PLAT WITH VARIANCES AT 5820 BROOKVIEW AVENUE BE IT RESOLVED by the City Council of the City of Edina, Minnesota,as follows: Section 1. BACKGROUND. 1.01 AKARE Companies on behalf of John Peterson is requesting a Preliminary Plat of 5820 Brookview Avenue divide the existing parcel into two lots. 1.02 The following described tract of land is requested to be divided: Lots 6 and 7,Block 2,FAIRFAX Addition,Hennepin County,Minnesota. 1.03 The owner of the described land desires to subdivide said tract in to the following described new and separate parcels (herein called"parcels") described as follows: Lots 1 and 2,Block 1, Eldridge 6th Addition. 1.04 The proposed subdivision requires the following variances: 1. Lot width variances from 75 feet to 50 feet for each lot. 2. Lot area variances from 9,000 square feet to 6,711 square feet for each lot. 1.05 On September 25, 2013, the Planning Commission recommended approval of the Preliminary Plat and Variances on a Vote of 8-1. Section 2. FINDINGS 2.01 Approval is based on the following findings: 1. Except for the variances,the proposal meets the required standards and ordinance for a subdivision. 2. The subdivision would meet the neighborhood medians for lot width and depth and nearly meet the median area. 3. The proposal would restore the property back to the form of the original plat,which included two lots. 4. The proposal meets the requirejdMP6v6kk variance,because: 4801 West 50th Street•Edina,Minnesota 55424 wwwEdinaMN.gov•952-927-8861 •Fax 952-826-0390 RESOLUTION NO. 2013-103 Page Two • a. The practical difficult unique to the property is caused by the existing size of the property which is two times the size of every lot on the block.This is caused by the original property owner,who combined two lots into one. b. The requested variances are reasonable in the context of the immediate neighborhood. The existing lot is both larger and wider than most properties in the area,including nearly every lot on the block.The proposed subdivision would result in two lots more characteristic of the neighborhood. C. The proposed lots would be the same size as the lots were originally platted. d. The variances would meet the intent of the ordinance because the proposed lots are of similar size to others in the neighborhood. e. If the variances were denied,the applicant would be denied a use of his property,a 50-foot wide lot,which is common to the area. In addition, the applicant would be denied a subdivision with variances that has been previously approved by the City, including the same request for a subdivision with variances that were approved right across the street in 2011. Section 3. APPROVAL NOW THEREFORE,it is hereby resolved by the City Council of the City of Edina,approves the Preliminary Plat and requested Variances for the proposed subdivision of 5820 Brookview Avenue. Approval is subject to the following Conditions: 1. The city must approve the final plat within one year of preliminary approval or receive a written application for a time extension or the preliminary approval will be void. 2. Prior to issuance of a building permit,the following items must be submitted: a. Submit evidence of Minnehaha Creek Watershed District approval. The City may require revisions to the preliminary plat to meet the district's requirements. b. A curb-cut permit must be obtained from the Edina Engineering department. C. Utility hook-ups are subject to review of the city engineer. d. Grading and drainage plans specific to any proposed house would be reviewed at the time of building permit,and shall be subject to review and approval of the city engineer. Drainage from any new home, garage or driveway would have to be directed to Brookview Avenue. e. The requirements of Ordinance No. 2013-09 scheduled to go into effect on January 1,2014 shall be applicable to the subject lots. RESOLUTION NO. 2013-103 Page Two • � (4Ai Adopted this 1`T day ofac"k- ,2013. ATTEST: ebra A. Mangen,City Cl rk James B. Hov and, 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 ,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