HomeMy WebLinkAboutResolution No. 2022-97 6016 Vernon Ave, Westside Cafe (Rezoning and Variances Denial)RESOLUTION NO. 2022-97
DENIAL OF A REQUEST FOR REZONING AND SITE PLAN WITH MULTIPLE
VARIANCES FOR THE WESTSIDE CAFÉ AT 6016 VERNON AVENUE
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section I. BACKGROUND.
1.01 Special X Properties LLC is proposing to remodel and expand the existing Kee's auto
repair shop at 6016 Vernon Avenue into a 2,300 square foot, 59-indoor seat
restaurant. The exact type of restaurant has not yet been determined. The existing
site is zoned PCD-4, Planned Commercial District, which allows only automobile
service centers, gas stations and car washes. Restaurants are allowed uses in the PCD-
I, Planned Commercial Zoning District. The site is guided in the Comprehensive Plan
for medium density residential use.
1.02 The property is legally described as follows:
Tract C, Registered Land Survey No. 194, files of the Registrar of Titles, except that
part of said tract embraced within Registered Land Survey No. 1081, Hennepin
County, Minnesota.
1.03 To accommodate the request, the following is requested:
â A Comprehensive Plan Amendment from MDR, Medium Density Residential to
NN, Neighborhood Node.
â A Rezoning from PCD-4, Planned Commercial District 4 to PCD- I , Planned
Commercial District I, with a lot size variance to allow a restaurant in the PCD-
I District less than I acre in size.
â Site Plan Review with the following:
I. Front Street Setback Variance to Eden Prairie Road from 35 to 12 feet for
the building expansion.
2. Side Yard setback variance from 25 to 8 feet for the building expansion.
3. A Parking Lot Setback Variance from 10 feet to 5 feet for separation
between the building and parking lot.
4. Parking stall variance from 26 spaces to 24 spaces.
1.04 On September 28, 2022, the Planning Commission held a public hearing and recommended
denial of the request. Vote: 7 Ayes and 0 Nays.
1.05 On October 18, 2022, the City Council continued the public hearing to November 15, 2022.
CITY OF EDINA
4801 West 50th Street • Edina, Minnesota 55424
www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389
RESOLUTION NO. 2022-97
Page 2
1.06 On November 15, 2022, the City Council continued the public hearing to December 6, 2022.
1.07 On November 30, 2022, the applicant submitted a revised Site Plan, which altered some of
the variances being requested.
1.08 On December 6, the City Council held a public hearing and considered the request.
1.09 On December 20, 2022, the City Council denied the request.
Section 2. FINDINGS
2.01 Denial is based on the following findings:
I. The Variance criteria has not been met. There are no practical difficulties that prohibit
reasonable use of the property.
2. The practical difficulty is caused by the applicant's desire for a restaurant that does not fit
properly on the site and would have a negative impact on adjacent properties.
3. The site is nearly being developed from lot line to lot line with very little to no parking lot
setback area or building setback area. This causes a lack of area for green space to provide
adequate landscaping, screening and buffering from adjacent residential uses to the north and
west, and to Vernon Avenue to the south.
4. There would be a lack of on-site parking based on the parking study conducted by WSB
dated June 13, 2022, including the addendum dated November 30, 2022.
5. PCD Zoning District minimum area for restaurants is I acre in size.
6. The proposal does not meet the findings Per Section 36-216 of the City Code. specifically:
a) The proposal is not consistent with the comprehensive plan.
b) The site plan would be detrimental to properties given the large variances requested,
lack of green space, setback and separation from residential uses, potential parking
issues and vehicle maneuvering in and out of the site.
c) Will result in an overly intensive land use.
d) Does not conform to the provisions of the City Code.
e) Does not "provide a proper relationship between the proposed improvements,
existing structures, open space and natural features.
RESOLUTION NO. 2022-97
Page 4
Denial is subject to the findings in Section 2 above.
Adopted by the City Council of the City of Edina, Minnesota, on ecember 20, 2022.
*PIATTEST: .‘ _Ad
Sharon Alliso , City Clerk ames 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 December 20, 2022, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this a day of , 2022.
City Clerk