HomeMy WebLinkAboutResolution No. 2023-22 Approving a Conditional Use Permit and Variances for US Internet at 6444 Xerxes AveRESOLUTION NO. 2023-22
APPROVING A CONDITIONAL USE PERMIT AND VARIANCES FOR US INTERNET
AT 6444 XERXES AVENUE
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section I. BACKGROUND.
1.01 US Internet (USI) Corp. is requesting a Conditional Use Permit and Variance to construct a
1,900 square foot, 20-foot-tall utility building at 6444 Xerxes Avenue. The Variance
requested is to construct a building with no windows due to security concerns.
1.02 US Internet originally requested a variance to build the front facing portions of the building
(north and east) with cultured stone and EIFS instead of brick or stone entirely. However, on
March 28, 2023, the applicant submitted a new building plan with an all-brick finish facing the
north and east to meet City Code.
1.03 The existing structure would be removed from the site and the new building constructed.
The facility would provide improved internet services to Edina residents. USI currently serves
the north/northeastern portions of Edina. The building on Xerxes would cover central and
southern Edina. There would be one employee on the site providing service for customers.
Customers do not travel to the site for service.
1.04 A Conditional Use Permit is required for the private utility building.
1.05 The property is legally described as follows:
Lot 8, Block 2, Xerxes Avenue Addition, Hennepin County Minnesota
1.06 To accommodate the request, the following land use applications are requested:
I. A Conditional Use Permit.
2. Variance to Section 36-579 to construct a building with no windows due to security
concerns.
1.07 On March 15, 2023, a Planning Commission recommended for approval failed. Vote: 4 ayes, 4
nays.
1.08 On March 21, 2023, the City Council held a public hearing on the Conditional Use Permit and
Variances.
Section 2. FINDINGS
2.01 Approval is based on the following findings:
CITY OF EDINA
4801 West 50th Street • Edina, Minnesota 55424
www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389
RESOLUTION NO. 2023-22
Page 2
I. The proposal meets the Conditional Use Permit conditions per Chapter 36 Sec. 36-305 of the
Edina Zoning Ordinance.
2. The proposal meets all applicable Zoning Ordinance requirements except for building
transparency requirement that new front building facades in the district that face the public
realm must have 75 percent transparency (ability to see inside the building) at the ground
level.
3. The variances are reasonable given the use of the structure as a utility building and the need
for security. The purpose of the 75% transparency requirement is to make commercial uses
more inviting to the public. This is not a site that will generate traffic from the public.
4. The proposal would improve and expand internet serve to Edina residents.
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 for building transparency for US Internet at 6444 Xerxes
Avenue.
Approval is subject to the following conditions:
3.01 Subject to staff approval, the site must be developed and maintained in substantial
conformance with the following plans, unless modified by the conditions below:
I. The site must be developed and maintained in conformance with the following plans:
• Site plans date stamped January 19, 2023.
• Grading and drainage plan date stamped January 19, 2023.
• Landscaping plan date stamped January 19, 2023.
• Building renderings date stamped March 28, 2023.
2. A grading permit is required for the improvements.
3. A lighting plan must be submitted with the grading plan and must meet all minimum zoning
ordinance requirements.
4. 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.
5. Remove and replace the sidewalk along Xerxes Avenue with a 5-foot-wide sidewalk with a 5-
foot-wide boulevard.
6. Submittal of the city's sustainability design questionnaire.
7. The proposed east-west sidewalk along the north lot line shall be angled to the south toward
the west lot line subject to review and approval of the city engineer. Revised plans must be
submitted along with the building permit for the construction of the new building. Public
RESOLUTION NO. 2023-22
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easement must be established over this sidewalk to all public usage. The property owner shall
be responsible for maintenance.
8. The maximum height of the building shall be 18 feet tall.
9. The property owner shall be responsible for all proposed landscaping on the site. In any time
in the future, if any of the proposed plantings die, the property owner shall replace them,
subject to approval of the city forester.
ATTEST:
ity Clerk Mayor
RESOLUTION NO. 2023-22
Page 4
Adopted by the City Council of the City of Edina, Minnesota, on • • it 4, 2023.
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 April 4, 2023, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of , 2023.
City Clerk