Edina City Council — Transcript
Friday, September 12, 2025
Story
Edina Planning Commission approves restaurant expansion despite staff objection
Flood Plane Districts Ordinance Update (Ordinance 2025-09)
Storm Water Management Ordinance Update (Ordinance 2025-10)
Community Concern: Residential Teardowns on Oling Boulevard
Planning Commission Work Plan 2026-2027
Votes (5)
Site Plan Review and Variance: Americana Restaurant, 5036 France Avenue South
Dissent: Commissioner Day voted against, citing failure to meet variance criteria under the existing code and the importance of respecting the FAR limitation as a fairness mechanism.
Moved by Chair Bennett [Timestamp ~1:50:00] · Seconded by Commissioner Padilla [Timestamp ~1:50:00]
Staff recommended denial because the variance criteria were not fully met under the existing FAR 1.0 cap established in 1978. However, commissioners noted: (1) the restaurant operates dinner-only starting at 5 PM when parking demand is lowest; (2) 73 parking spaces are available in the adjacent south ramp during peak times; (3) a shared parking agreement with the adjacent bank (31 spaces) is pending; (4) valet service will be employed; (5) the E-Line transit expansion launches in December; (6) two competing restaurants (Edina Grill, Salute) are closing, reducing parking demand; (7) the 50th and France merchants association strongly supports the project; and (8) the glass conservatory addition is essential to the restaurant's viability and brings needed vitality to the district. Applicant Ryan Bernett emphasized the project is not merely cosmetic but a transformative investment necessary to compete in the current restaurant market. Commissioner Padilla and Chair Bennett argued the variance process exists precisely to allow case-by-case discretion when code prevents desired outcomes, and that the available parking and community support satisfy the spirit of the fairness principle underlying the FAR cap.
Ordinance 2025-09: Flood Plane Districts Amendment
Dissent: None; no opposition expressed.
Moved by Commissioner [Name not explicitly stated, Timestamp ~2:55:00] · Seconded by Commissioner [Name not explicitly stated, Timestamp ~2:55:00]
Jessica Wilson, Water Resources Manager, presented a comprehensive update incorporating the city's local flood risk reduction strategy. Key points: (1) FEMA's regional flood maps (based on 1961 precipitation data and the 1930s Dust Bowl era) significantly underestimate flood exposure compared to the city's 2017-2018 hydrologic modeling using modern precipitation data (Atlas 14, 2013); (2) the city's local flood inundation map shows 25% more water volume in a 100-year storm (7.4 inches vs. 6 inches); (3) the new Local Flood Area District applies 2-foot freeboard requirements above the 100-year flood elevation in areas outside FEMA's regional special flood hazard areas; (4) requirements for below-grade garages, flood-proofing, and landlocked basin protections are included; (5) a site-specific standard allows flexibility in local flood areas if no adverse impact is demonstrated; and (6) the ordinance incorporates a FEMA Letter of Map Revision Panel correcting a mapping error. Commissioner Nelson asked whether the ordinance increases the number of properties subject to flood insurance requirements; staff clarified that FEMA will not force-place insurance in local flood areas, though lenders may require it. Commissioner Alcar asked how the new requirements compare to existing code; staff explained these codify policies already in the 2022 Water Resources Management Plan. Nora Davis, a Lake Cornelia resident who experienced 8 feet of basement flooding in 1987, testified in strong support, emphasizing the importance of flood awareness and preparedness.
Ordinance 2025-10: Storm Water Management Amendment
Dissent: None; no opposition expressed.
Moved by Commissioner [Name not explicitly stated, Timestamp ~3:20:00] · Seconded by Commissioner [Name not explicitly stated, Timestamp ~3:20:00]
Jessica Wilson presented the storm water management ordinance, which moves requirements from Chapter 10 to Chapter 36 and clarifies their application to redevelopment projects (not just new construction). The key innovation is a maintenance declaration requirement: storm water control measures (e.g., rain gardens, French drains) must be documented and recorded to the property, ensuring future owners understand their obligations. Staff explained that the city currently inspects approximately 260 privately-owned storm water features annually and provides technical assistance. Commissioner Alcar asked how new owners learn about features like French drains; staff explained that the maintenance declaration, recorded with the property title, would be discoverable in title searches and that the city provides annual inspection notices and technical assistance. The ordinance codifies practices in place since 2016 and is consistent with the Water Resources Management Plan. No public testimony was received.
Community Comment: Residential Teardowns on Oling Boulevard
Dissent: N/A
Moved by None (Community Comment, not a business item requiring a vote) · Seconded by N/A
Richard Hellbrand, a resident of 5904 Oling Boulevard, raised concerns about developers purchasing and demolishing older homes in his neighborhood. He cited a developer who bought two adjacent homes and plans to tear them down despite the developer's own admission that the homes do not need to be demolished (citing only low basement ceilings and narrow stairs as reasons). Hellbrand expressed concern about loss of neighborhood character and history. Chair Bennett acknowledged the issue and asked staff to investigate and provide feedback. Carrie (staff) explained that the 'Come Home to Edina' program, which provided assistance to first-time home buyers, is currently out of funding. She noted that the Planning Commission's role is to make recommendations on zoning ordinances (setbacks, height) but cannot prevent teardowns, as property owners have the right to demolish and rebuild. The Chair acknowledged that high property values and demand drive teardowns in certain areas and that this is an inevitable consequence of desirable neighborhoods.
Planning Commission Work Plan 2026-2027
Dissent: None; consensus to defer approval to allow Commissioner Lewis to participate.
Moved by None (Tabled for next meeting) · Seconded by N/A
Carrie presented a two-year work plan with three primary items: (1) reviewing land use applications (annual); (2) zoning and subdivision ordinance update (ongoing into 2026); and (3) comprehensive plan update (beginning 2027). A fourth item—a food truck impact study—was added per Commissioner Lewis (absent). Commissioner Day raised the Cahill larger district small area plan, which was previously vetoed by the City Council a couple of years ago, and asked whether it should be revisited. Carrie noted that given the current budget climate, it would be better to address the Cahill area as part of the larger 2027 comprehensive plan update rather than as a separate work item. Commissioner Day agreed this was logical. Commissioner Felt asked whether the preliminary 2026 budget includes comprehensive plan spending; staff confirmed it does not, with comp plan work beginning in 2027. The Commission agreed to table the work plan approval until the next meeting in October to allow Commissioner Lewis to provide input.
Notable Quotes (16)
We've hit a glass ceiling... it's not plausible or feasible to do anymore... this is an opportunity for us to be a lynch pin in the neighborhood and start new, start fresh, and bring this neighborhood what it really deserves and needs.
The parking ramps at 50th and France are a shared resource and the FAR restriction is intended to distribute that available parking fairly among all properties in the district. If a use is allowed to exceed an FAR of one, it would arguably be using more than its fair share of the district parking.
I think it's a huge deal that this restaurant will currently only be open starting at five o'clock when there are so many empty parking spaces... I think it is my job to consider what is good for the city and not be looking at a very stringent interpretation of black and white text.
My job as a planning commissioner is to reference the code and the ordinances that the city has and respect those... I don't think that we meet that variance requirement at this time based on the existing floor area ratio ordinance.
We have the space. I don't think this sets a precedent because the next project that wants to go to 2.0 would still need a variance and we'd have a chance to look at it again.
Americana will not only draw new visitors, but also generate the foot traffic that supports our small businesses and reinforces 50th and France as a vibrant, walkable destination for our community.
The 2010s were the wettest decade on record and 2019 one of the wetest years on record in the metro. That's a lot different than when the community was largely developed in the 40s and 50s and 60s... we're doing a lot of redevelopment in a very different climate.
We went from 6 inches to 7.4 inches. That's a lot more water to store. 25% increase.
I just have one other thing come up while you were answering that question, just for clarity. So these there are some parts of this that are regulation that affects commercial and some that affects residential R1 or two, right?
I did not take this picture because our neighborhood was flooded. We had 8 feet of water in our basement within an inch of the first floor... I have always been very concerned because going through a flood is something you never ever forget. I still have a little PTSD about it.
We have some similar you know there the um contractor uh certification training is a is a place where we talk about storm water management requirements... there's a fantastic resource as people call and they just say I need to talk to the engineering technician so you can just spell it out for me what's going to be required for this particular site.
We show up and say, 'Hey, you have a rain guard, you know, you should have a rain garden that you're maintaining here and perhaps they changed it to, you know, put in a play set or something like that.' And so, this would help ensure that as someone is coming into a new property that that maintenance declaration that's recorded to the lot that there's a way for them to know what promise had already been made.
I'm tired of having a developer use my neighborhood as a commodity to make to make his profit with no concern to its rich history and community... I wanted to know if there's anything that can be done to prevent uh what I would consider a needless tear down of a perfectly good house.
It's inevitable and people have the freedom to do what they want with their property, which includes tearing it down or selling it to someone who wants to. Um, and it continues to be a great place for PE that where people want to live. So that high desire and high value, it's it's going to be a thing that keeps going certain areas more than others.
The Cahill larger district like small area plan, right? So that got vetoed the council level a couple years ago now. And I've always thought that that should be picked back up sometime, preferably sooner rather than later.
I think we definitely want to pick it up as part of the comprehensive plan amendment, the big one... we'll take a look at those areas of change and where we want to do a small area plan, but I think the Cahill area is one that we definitely want to do.
Ordinances & Resolutions (9)
Amendment to Chapter 36 concerning zoning Article X flood plane districts; incorporates local flood area district with 2-foot freeboard requirements and FEMA Letter of Map Revision Panel
Amendment to Chapters 10 and 36 concerning storm water management; moves requirements to zoning code and adds maintenance declaration requirement for long-term control measure functionality
City strategy adopted in 2020 addressing climate change, exposure, and vulnerability through infrastructure, regulation, outreach, and emergency services
10-year plan incorporating flood risk reduction strategy; establishes local flood area policies and storm water management requirements
Comprehensive plan element addressing mixed-use development in the 50th and France district; references FAR limitations and parking requirements
City program providing assistance to income-qualified first-time home buyers; currently out of funding
Two-year work plan including land use application review, zoning/subdivision ordinance update, comprehensive plan update (2027), and food truck impact study
Public-facing tool showing local flood inundation areas based on city hydrologic modeling; more detailed than FEMA regional maps
Developer-focused tool providing elevation data, drainage information, and storm water control measure locations