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HomeMy WebLinkAboutResolution No. 2020-74_Conditional_Use_PermitRESOLUTION NO. 2020-74 APPROVING A CONDITIONAL USE PERMIT WITH VARIANCES TO BUILD A 21 UNIT APARTMENT AT 4425 VALLEY VIEW ROAD BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section I. BACKGROUND. 1.0 I DJR Architects is proposing to tear down the existing one-story day-care building at 4425 Valley View Road, and construct a new three-story, 21-unit market rate apartment with 32 underground parking stalls. 1.02 The density proposed is consistent with the Comprehensive Plan/Small Area Plan which limits the density to 30 units per acre for this site. 1.03 To accommodate the request, the following is requested: ►A Conditional Use Permit to allow residential uses within a planned commercial zoning district (PCD-1 ). ►Building height variance from 2 stories to 3 stories. (Small Area Plan suggests 4 stories). ►Front setback variance from 36 feet to 16 feet (patio 2 feet); Side and rear setback variances from 36 to 20 feet; floor area ratio variance from 1.0 to 1.08 ►Drive Aisle setback variances from IO to 0 feet. 1.04 On July 8, 2020, the Planning Commission held a public hearing and recommended approval of the requests. Vote: 4 Ayes and 2 Nays. The Commission added a condition that there be physical protection to the bike lane from vehicles in Valley View Road. 1.05 On July 21, the City Council held a public hearing and considered the request. Section 2. FINDINGS 2.0 I Approval is based on the following findings: I.The practical difficulty is the small lot size, and odd shape which could not fit a three-story building (one story shorter than allowed in the small area plan) without the need for a variance. The limited building pad also compromises the area for drive-aisle setbacks. 2.The site appears larger due to the wetland to the south located on city owned property. 3.Chapter 36 of the Zoning Ordinance suggests that the City Council will consider exceptions to the setback requirements if the use creates an active pedestrian and streetscape environment, which is proposed.CITY OF EDINA 4801 West 50th Street• Edina, Minnesota 55424 www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389 1.06 The legal description is attached in Exhibit A. RESOLUTION NO. 2020-74 Page 2 4. The existing roadways would support the project. Wenck conducted a traffic impact study based on the proposed development and concluded that the existing traffic generated from the project would be supported by the existing roads. 5. The proposed uses are consistent with the Comprehensive Plan. 6. The proposal meets the Conditional Use Permit Standards of Chapter 36. 7. The project is consistent with the Valley View and Wooddale Small Area Plan. 8. The existing “No Parking” signage should be sufficient to discourage parking in the bike lane in front of the site. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves a Conditional Use Permit with the following variances: Building height variance from 2 stories to 3 stories. (Small Area Plan suggests 4 stories). Front setback variance from 36 feet to 16 feet (patio 2 feet); Side and rear setback variances from 36 to 20 feet; floor area ratio variance from 1.0 to 1.08; and Drive Aisle setback variances from 10 to 0 feet. Approval is subject to the following conditions: 1. The Final Development Plans must be consistent with the Preliminary Development Plans dated June 22, 2020, and the materials board as presented to the Planning Commission. 2. The Final Landscape Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance. A performance bond, letter-of-credit, or cash deposit must be submitted for one and one-half times the cost amount for completing the required landscaping, screening, or erosion control measures at the time of any building permit. The property owner is responsible for replacing any required landscaping that dies after the project is built. 3. Compliance with all the conditions outlined in the city engineer’s memo dated July 1, 2020. 4. Compliance with all the conditions outlined in the building official and fire marshal memo dated June 24, 2020. 5. Submit a copy of the Minnehaha Creek Watershed District permit. The City may require revisions to the approved plans to meet the district’s requirements. 6. The southbound driveway shall be shifted 2-3 feet to the west to allow a separation between the adjacent property’s driveway. Should the property owner to the east agree to share a driveway with the subject property, the driveway shall be located on the lot line subject to shared access and maintenance agreements. RESOLUTION NO. 2020-74 Page 3 7. The guardrail along the south lot line shall be constructed to shield headlights from the single-family homes to the south. 8. To meet the City’s affordable housing policy; at 21 units, the applicant would be required to pay $300,000 prior to issuance of a building permit. 9. The applicant shall provide signage to direct delivery or short-term parking on site. Staff and the Transportation Commission will review the impacts of off-street versus on-street bicycle facilities adjacent to the site, and staff will review opportunities for implementation along the entire corridor (Wooddale Avenue to Brookview Avenue). Adopted by the City Council of the City of Edina, Minnesota, on August 5, 2020. ATTEST: Sharon Allison, 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 August 5, 2020, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ____ day of __________________, 2021. _________________________________ Sharon Allison, City Clerk Exhibit A  Legal Description      That part of the Southwest Quarter of the Southeast Quarter of Section 19,  Township 28, Range 24 described as follows:    Beginning at a point on the South line of the Southeast Quarter of Section 19 a  distance of 100 feet East of the Southwest corner thereof; thence North and  parallel with the West line of said Southeast Quarter to a point on a straight line  which extends diagonally across the Southeast Quarter from a point on the West  line of said Southeast Quarter a distance of 277 feet North of said Southwest  corner to a point on the South line of said Southeast Quarter a distance of 550  feet East of said Southwest corner; thence Southeasterly on said diagonal line to a  point thereon 225 feet Northwesterly from the Southeast end thereof; thence  Southwesterly to a point on the South line of said Southeast Quarter a distance of  325.5 feet East of the Southwest corner of said Southeast Quarter; thence West  on said South line to the point of beginning, Hennepin County, Minnesota.