Edina Planning Commission Denies Setback Variance Amid ADA Compliance Concerns

The Edina Planning Commission denied a significant setback variance request for a patio on Cornelia Drive during its August 28, 2024 meeting, highlighting concerns about ADA compliance and environmental regulations. The meeting also delved into the complexities of ADA compliance for local infrastructure projects and zoning amendments related to cannabis use.

0:00The most notable issue of the evening revolved around the denial of a setback variance request for a new patio on Cornelia Drive. The property owners sought a 45.8-foot variance from the standard 75-foot lake setback requirement to allow the patio to be positioned 29.2 feet from Lake Cornelia’s high-water elevation. This follows the property’s redevelopment in 2018, where the original home was demolished and replaced with a new two-story structure, which complied with updated city ordinances, including being built above the flood elevation.

The Planning Department’s staff report on the variance request provided a detailed background. The proposal aimed to improve the property’s usability, but it conflicted with existing zoning requirements intended to protect the shoreline.

Arguments against the variance were primarily based on environmental regulations and the precedent it might set. The staff emphasized that the lot did not have unique circumstances warranting the variance and that the new home already provided reasonable use of the property. The proposed patio’s proximity to the lake raised concerns about shoreline protection and compliance with local ordinances. One commissioner raised the issue of possible upcoming changes to DNR regulations regarding setbacks, though staff confirmed there were no known changes imminent.

In favor of the variance, the property owners presented practical difficulties posed by the 75-foot requirement, particularly given the shallow depth of their lot compared to neighboring properties. They argued that the patio would not alter the neighborhood’s character as it wouldn’t be visible from the lake. Despite these arguments, the commission ultimately voted to deny the variance, emphasizing the need to adhere to existing environmental protection regulations.

ADA compliance was another topic addressed during the meeting. A resident, David Frankle, expressed concerns about the Grand View pedestrian bridge’s accessibility. He referenced his visit to the Harkin Institute and stressed the importance of explicit ADA compliance documentation in project plans, criticizing the current design proposals for lack of detail. Frankle highlighted the $2.2 million budget allocated for making the Grand View Bridge ADA-compliant amidst ongoing U.S. Department of Justice investigations into its current compliance, questioning the rationale behind funding improvements for potentially non-viable structures.

2:52:05On the topic of zoning amendments, the commission discussed a proposed ordinance related to cannabis use, stemming from the legalization of adult-use cannabis in Minnesota in 2023. The local government aims to impose reasonable restrictions on cannabis business operations without prohibiting them outright. The proposed zoning ordinance would permit cannabis retailers in several planned commercial districts and as a conditional use in some industrial districts. The ordinance included a 500-foot buffer from schools but excluded daycares and parks, sparking debate among commissioners.

3:10:35One resident voiced concerns about the implications of cannabis use in public spaces, particularly the prevalence of secondhand smoke and the potential for increased police activity around cash-handling dispensaries. The commission acknowledged the security planning required by state statutes and the need for local ordinances to balance regulatory measures with operational realities.

3:36:35The meeting also touched on updating Chapter 36 of the zoning ordinance and the Greater Southdale District design experience guidelines. The commission recognized ongoing projects that would extend into the following year, such as the Lincoln and London Dairy small area plan and the Cill District small area plan, and emphasized the importance of systematic tackling of specific ordinance changes.

Traffic studies emerged as a prominent discussion point, with the commission suggesting a work session in partnership with the Transportation Commission to better understand the implications of these studies on decision-making. The need for transparency and procedural improvements in public hearings was reiterated, alongside a focus on maintaining the integrity of single-family neighborhoods while allowing for flexibility in specific policy areas.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.

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