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Edina planning commission approves rear-yard setback variance for accessory dwelling unit on 40th Street West

May 17, 2025 | Edina, Hennepin County, Minnesota


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Edina planning commission approves rear-yard setback variance for accessory dwelling unit on 40th Street West
The City of Edina Planning Commission on May 14 unanimously approved a variance that will allow an accessory dwelling unit to be built closer to a rear property line than the zoning code normally permits.

Addison, city planning staff, told commissioners the property owner requested a 6.5-foot variance so the ADU addition to an existing detached garage could sit 5.5 feet from the rear property line where a 12-foot setback is required. "This is a request for a 6 and a half foot rear yard setback variance at 512040 Fourth Street West," Addison said in the staff presentation, noting the lot is in the Todd Park neighborhood near Highway 100 and Brookside Terrace.

The commission’s vote follows staff analysis that the variance met statutory and local-code criteria, including harmony with the ordinance and practical difficulties posed by the lot. Addison explained the lot is constrained by two front-yard setbacks—about 49.1 feet on one frontage and about 30.1 feet on the other—reducing buildable area and making the proposed configuration necessary to accommodate the existing garage and the applicant’s design.

Applicant Andrew Vick, identified himself as the property owner and the applicant, and described the project as a long-planned home studio and living space for his family. "We've dreamt of moving the studio home starting in 02/2019," Vick said, recounting the family’s long-term plans and neighborhood outreach. His wife, Janelle Vick, told commissioners the applicants hand-delivered notices and spoke directly with nearby neighbors, who, she said, expressed support.

Key technical details discussed: the proposed ADU includes a two-story portion that exceeds an 18-foot height threshold (Addison said the two-story portion is about 18 feet, 11 3/8 inches), which triggers the 12-foot rear-yard setback requirement; the portion of the addition that is two stories is set back 16 feet from the rear property line even though another portion would sit at 5.5 feet. Addison also noted that the city’s ADU ordinance, adopted about a year earlier, sets different setback rules depending on height: structures 18 feet or less (one-and-a-half stories) may be 5 feet from the rear lot line, while taller two-story accessory structures must meet a 12-foot setback.

Commissioners who spoke praised the applicants’ outreach and the project design. Commissioner Bornstein said the design "fits the neighborhood" and that the applicants had been thoughtful in working with the city and neighbors. Commissioner Padilla said the applicant’s effort to keep the portion that encroached on setback requirements at lower height "tipped the scales" for support. Several commissioners referenced the ordinance’s intent to make reasonable use of lots while protecting neighbors.

Chair Bennett reminded the commission that this decision is final for the Planning Commission and does not go to the City Council. After a motion to approve and a second, commissioners voted aye; the chair announced the motion "carries unanimously."

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