Edina City Council — Transcript

Thursday, September 12, 2024

Story

Edina Planning Commission approves heritage preservation ordinance with conditions

Preliminary Plat and Variances for 5120 and 5124 Hankerson Avenue

Votes (2)

Ordinance Amendment concerning the Heritage Preservation Commission and Edina Heritage Landmarks and Update to the Country Club Plan of Treatment

8-1 Motion Carries

Dissent: One commissioner voted against the motion, but their specific identity or reasons beyond general discussion were not explicitly stated at the time of the vote. The motion carried with conditions: 1) the history and 'Understand the Country Club District' sections of the Plan of Treatment are to be amended to acknowledge the use of racially restrictive covenants during the period of significance; and 2) staff is to look into other options for the escrow, including a letter of credit and the possibility of a fine system, with input from the City Attorney.

Moved by Commissioner Elfire [1:25:14] · Seconded by Commissioner Day [1:25:53]

The commission extensively discussed proposed changes including clearer definitions for demolition and street-facing facades, a new one-year time limit for COAs, and an escrow requirement for construction projects on landmark properties ($3k for under $100k projects, $15k for over $100k). Staff explained the escrow fees were based on building department recommendations for distinct financial tracking. Public comments included a resident suggesting punitive fines for builders instead of escrow, and another supporting the protective measures. Commissioners debated the potential burden of escrow on residents, particularly those with fixed incomes facing significant home maintenance. There was strong sentiment to explicitly acknowledge the history of racially restrictive covenants in the Country Club District's historical documents and to explore alternative escrow mechanisms like letters of credit or potential fines against contractors.

Preliminary Plat with Variances for 5120 and 5124 Hankerson Avenue

No action taken in provided transcript

Dissent: No action taken in provided transcript

Moved by null · Seconded by null

The proposal aims to subdivide two 75-foot wide lots into three 50-foot wide lots, reflecting the area's original 1913 plat. This requires variances for lot width, depth, and area. Staff analysis concluded that the variance criteria were met as the proposal aligns with the neighborhood's existing character, despite the current properties being conforming. The applicant argued that the new single-family homes would meet all other zoning ordinances, and that refreshing the housing stock contributes to the city's economy and tax base. The discussion also referenced a previous denial for a duplex project on the same site and explored the implications of increased building coverage and impervious surface with three smaller lots compared to two larger ones.

Notable Quotes (11)

at the direction of the city council the HPC subcommittee... worked with City staff and the city's preservation Consultants... on drafting changes to the ordinance Country Club District plan of treatment and supplemental documents that are in front of you tonight.

Emily [7:56]
Ordinance Amendment concerning the Heritage Preservation Commission and Edina Heritage Landmarks and Update to the Country Club Plan of Treatment

the existing guidance that our commission has is the plan of treatment specific to the country club district and that's the bulk of our work as reviewing homes there and exterior changes that come before us and we also although it's used less frequently the city ordinance as Emily explained applies to all Heritage landmarks.

Jane Lanquist/Chair of the HPC [14:40]
Ordinance Amendment concerning the Heritage Preservation Commission and Edina Heritage Landmarks and Update to the Country Club Plan of Treatment

those were based on the fact um again based on permit valuation numbers but also on the fact that their recom the building Department's recommendation was to make those numbers different than current escro fees that the city requires today and so it's to make those valuations different so it's easy to track from a financial standpoint and when people are getting permits and there's multiple escros they have to pull it's clear which escrow is for what item.

Emily [21:46]
Ordinance Amendment concerning the Heritage Preservation Commission and Edina Heritage Landmarks and Update to the Country Club Plan of Treatment

in terms of the escrow policy I do understand uh why there would be an escrow but I think that perhaps there could be a permitting process instead for the builders to uh follow to keep the house weather tight and have a punitive fine to the Builder if they're not following the process instead of an escrow.

Brandon Swanson/Resident [54:30]
Ordinance Amendment concerning the Heritage Preservation Commission and Edina Heritage Landmarks and Update to the Country Club Plan of Treatment

I know when we talk about $15,000 is a percentage of a large cost $15,000 is still $15,000 it's a lot of money to a lot of people... so I'd say at least a letter of credit I do like the discussion around potentially finding the contractor.

Commissioner Day [1:12:57]
Ordinance Amendment concerning the Heritage Preservation Commission and Edina Heritage Landmarks and Update to the Country Club Plan of Treatment

I would propose is a motion to approve provided that the history and or the understand the country club District sections of the plan of treatment are amended to include acknowledgement of the use of racially restrictive covenants During the period of significance.

Commissioner Elfire [1:25:14]
Ordinance Amendment concerning the Heritage Preservation Commission and Edina Heritage Landmarks and Update to the Country Club Plan of Treatment

in going through the variance criteria staff believes the criteria is met... general purpose and intent is to establish minimum lot sizes that are similar with surrounding properties... we find that it's reasonable to reestablish that original plat.

Carrie Teague/Director [1:53:11]
Preliminary Plat with Variances for 5120 and 5124 Hankerson Avenue

findings for denial if the count if the Planning Commission does not support that are listed um the subject property are uh the subject properties are conforming to today's standards with two single family homes... the need for the variance is created only by the applicant's desire to maximize the return on investment.

Carrie Teague/Director [1:54:55]
Preliminary Plat with Variances for 5120 and 5124 Hankerson Avenue

these Lots were originally um exactly what we're asking for in this situation 50 foot Lots... basically they're they're very uh comparable to 78% or more of the Lots in this neighborhood.

Mr. Banky/Applicant [2:00:29]
Preliminary Plat with Variances for 5120 and 5124 Hankerson Avenue

new homes benefit the economy the city economy the the regional economy they benefit the city with taxes uh refreshing the city's housing stock is a terrific way to invigorate the community.

Mr. Banky/Applicant [2:08:05]
Preliminary Plat with Variances for 5120 and 5124 Hankerson Avenue

staff gently let us know that that probably isn't um looked favorably on in any case but we've done very well with homes meeting the city zoning ordinances on these Lots these size Lots were well versed in how to meet those zoning ordinances.

Mr. Banky/Applicant [2:11:00]
Preliminary Plat with Variances for 5120 and 5124 Hankerson Avenue

Ordinances & Resolutions (21)

Ordinance AmendmentOrdinance

Proposed changes to the city's zoning ordinance affecting heritage preservation.

Country Club District Plan of TreatmentPlan

Document providing specific guidelines for design review and preservation in the Country Club District, subject to updates.

Chapter 2 of Edina City CodeOrdinance

Section of city code affected by the proposed ordinance amendment.

Chapter 10 of Edina City CodeOrdinance

Section of city code affected by the proposed ordinance amendment.

Chapter 36 of Edina City CodeOrdinance

Section of city code affected by the proposed ordinance amendment, pertaining to the Heritage Preservation Commission and landmarks.

Certificate of Appropriateness (COA)Permit

A permit required for certain exterior work on designated Heritage Landmarks or within historic districts.

Edina Landmark Property and District Escrow FeeOther

A new proposed form and fee structure (ranging from $3,000 to $15,000) for construction permits on heritage properties, intended to ensure weather-tightness.

Secretary of Interior Standard for RehabilitationOther

Guiding document used for preservation, rehabilitation, restoration, and reconstruction recommendations.

Ordinance 2024-6Ordinance

The specific ordinance number for the proposed changes to the city's Heritage Preservation regulations.

Section 36-723Ordinance

Specific section of Ordinance 2024-6 recommended for modification to clarify COA requirements for detached garages.

Building Official memoOther

Memo referenced by staff regarding the implementation of new software and escrow recommendations.

National Register Historic PlacesOther

Designation for the Country Club District due to its significance in community planning and suburban development.

Edina Heritage Resource DistrictOther

Designation for the Country Club District.

Mapping PrejudiceOther

Initiative mentioned regarding the identification of racially restrictive covenants.

Just DeedsOther

Project mentioned for assisting homeowners in renouncing racial covenants in their deeds.

Preliminary PlatPermit

Application for subdividing existing land parcels.

R1 Single Dwelling Unit DistrictZoning

Current zoning classification for the Hankerson Avenue properties.

PUDZoning

Planned Unit Development, zoning type for the adjacent Hankerson Town Home Development, and a previous proposal for the subject site.

Comprehensive PlanPlan

City planning document used to guide land use decisions, referenced for consistency with the Hankerson Avenue proposal.

Zoning DistrictZoning

General term for city land-use regulations.

Building PermitPermit

Permit required for construction projects, related to escrow and COA processes.

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