Planning Commission Approves ADU Variance on 44th Street
The Edina Planning Commission unanimously approved a 6.5-foot rear yard setback variance Tuesday for property owners Andrew and Janelle Vic to construct an accessory dwelling unit at 5120 44th Street West.
The variance allows the Vics to build an ADU attached to their existing detached garage, positioning the structure 5.5 feet from the rear property line where a 12-foot setback is typically required. The two-story addition will serve as Andrew Vic's photography studio, allowing him to move his business from a rented space in St. Louis Park to his Edina home.
The variance was necessary because a portion of the proposed ADU exceeds 18 feet in height at 18 feet, 11 inches, triggering the city's stricter setback requirements for taller accessory structures. However, the applicants designed the structure so only the taller section extends beyond the standard setback, while the portion closest to the property line remains under the height threshold.
The commission found the request met variance criteria due to the property's unique constraints, including dual front yard setback requirements that limit buildable area. The lot must meet a 49.1-foot front setback on 44th Street West and a 30.1-foot setback along Brookside Terrace, significantly reducing available space for construction.
The Vics conducted neighborhood outreach before the hearing, hand-delivering project information to all affected neighbors and receiving positive feedback. The commission praised their community engagement efforts and thoughtful design approach that balances the homeowners' needs with neighborhood compatibility.
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Votes (3)
Variance Request: 6.5-Foot Rear Yard Setback for Accessory Dwelling Unit at 5120 44th Street West
Dissent: None. All commissioners present voted in favor of the variance. Commissioner Ryan was absent due to the birth of twins.
Moved by Unknown [30:50] · Seconded by Unknown [30:51]
Staff presented a comprehensive analysis of the variance request, noting that the property is constrained by dual front-yard setback requirements (49.1 feet to the east and 30.1 feet along Brookside Terrace), which significantly limit buildable area. The applicant, Andrew Vic, a professional photographer, explained his 22-year ownership of the property and desire to relocate his photography studio from St. Louis Park to his home to improve work-life balance and care for aging parents. The design intentionally places the lower-height section (under 18 feet) closer to the rear property line, with the two-story portion set back 16 feet (exceeding the 12-foot requirement). Commissioners discussed the sliding-scale setback concept embedded in the ADU ordinance and noted that if the property abutted an alley (rather than a railroad right-of-way), the 5-foot setback would be permitted. The applicant's wife, Janelle, reported direct outreach to neighbors, including hand-delivery of project renderings and in-person meetings with adjacent property owners, who expressed support. Staff recommended approval based on practical difficulties, consistency with the comprehensive plan, and alignment with the spirit of the ordinance.
Work-from-Home Ordinance Review Discussion
Commissioner Felt raised concerns about the adequacy of the city's work-from-home zoning regulations (Chapter 36) in light of post-pandemic changes in work patterns. She noted that the current ordinance restricts non-resident workers and limits client visits to 10 per day, but questioned whether these restrictions account for modern collaborative project-based work (e.g., two people working on a film or music project together, where one may not be a resident). She suggested that the ordinance may need updating to reflect evolving work arrangements. Staff indicated that this review has been on staff's agenda and can be incorporated into the broader code update process.
City Council Approvals and Development Updates
Staff provided updates on recent City Council actions, including approval of the Opus office building proposal at 5100 Eden Avenue and the Lincoln and London small area plan. The Opus project incorporates three conditions recommended by the Planning Commission: revision of first-level building materials from metal panel to stone, improved pedestrian connectivity to the east entrance, and connection to adjacent walkways.
Notable Quotes (12)
The property owner is proposing to construct an accessory dwelling unit as an addition to the existing detached garage. The proposed ADU is located 5 and a half ft from the rear yard property line uh where a 12 foot setback is required.
I'm a professional photographer who started dreaming of having a Edina based business when I first got my job at the Edina Chamber of Commerce back in 2002... we found the smallest house we could possibly find that I could afford... we bought this property 22 years ago, 400 square ft and we've been improving it ever since.
We went and hand delivered them to every single address that we received from the city and we only received personally one text from someone... saying we approve so excited for you this is great... we did meet in person with the two neighbors that we share the road with behind us and showed them the project... and they said they were in full support.
Even though only a portion of it is the two stories and over the 18 ft in height the whole structure is required to meet that greater setback. However the portion that is two stories and is over 18 ft in height is set back more than 12 feet. It is 16 feet set back from that rear property line.
When we were designing the ADU ordinance... we really wanted ADUs to be something that residents could build... over garage space and not have to uproot it and move it to meet the ordinance... if you have a garage space where that's 5 ft from the setback line you know to dig that up move it 12 ft to put a two-story thing it would be so costly and inefficient for homeowners... we came up with this whole concept of setback requirements if you want to go up... for every foot you go up above the one story you go back one foot... if those few inches above 18 ft were added onto the 5 ft this would totally make it right.
In your case right yes there's a road behind there but then there's also a train track and I don't see any homes being built anywhere on a train track right and so if I would have treated it as an alleyway you know just mentally then this again wouldn't really have an impact.
For me I think the fact that you adapted the design to make sure that the part that was infringing on the setback requirement um was a lower height was kind of the factor that tipped the scales... when you consider all the other factors the practical difficulties aspect has met.
This is just like such a beautiful piece that fits in a complicated puzzle... hopefully people you know going by can see it as such like a beautiful example of what you could do and get creative with your space.
I don't know the last time we updated our kind of work from home ordinance... the pandemic has happened since and the nature of work has changed a little bit... I started thinking about people who are getting together to work on like say a film and two people are kind of working on a project together... one isn't you know a resident of the home and one is... I think there's also certain like project kind of work or um and workers are different too... some people just kind of work on project by project so I'm thinking it might be good to update it a little bit.
I think it's something that staff also has wanted to take a look at.
Council did um approve the proposal from Opus for the office office building at 5100 Eden Um and I don't know if you saw the developers did incorporate uh the three conditions that you guys had recommended um for revising the building materials on the first level Um and then improving the pedestrian connectivity to like to the entrance on the east side and also to connect to that walkway Um and then they also approved the Lincoln and London small area plan.
It's going to be stone on that first level. So where they were showing kind of the wood looking metal panel is going to be a stone material.
Ordinances & Resolutions (5)
City of Edina accessory dwelling unit ordinance developed approximately one year prior to this meeting; establishes setback requirements based on structure height (5 feet for structures up to 18 feet or 1.5 stories; 12 feet for structures over 18 feet or two stories).
Zoning code section governing home-based businesses; includes restrictions on non-resident workers, client visit limits (no more than 10 client trips), and permitted business types. Identified as needing update to reflect post-pandemic work patterns.
Small area plan approved by City Council during this meeting period.
Formal variance application for ADU at 5120 44th Street West; includes staff report with findings, conditions, and recommendation for approval.
Development proposal approved by City Council with three conditions: revised first-level building materials (stone), improved pedestrian connectivity to east entrance, and walkway connections.
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Other Topics from This Document
Accessory Dwelling Unit (ADU) Variance Request
ADU Ordinance Implementation and Detached Structure Challenges
Work-from-Home Ordinance Review
Recent City Council Approvals and Development Updates
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