Res 2013-61
RESOLUTION NO. 2013 - 61
A RESOLUTION APPROVING VARIANCE VAR# 13-01
TO ALLOW A 12 FOOT SIDE YARD SETBACK ON A CORNER LOT WHERE 25
FEET IS REQUIRED; FOR THE PROPERTY GENERALLY LOCATED AT 7890
HICKORY STREET NE, PETITIONED BY DONALD J. AND JUDITH M. GAMBONI
WHEREAS, on August 30, 2013, an application for a Variance was submitted for the property
located at 7890 Hickory Street NE and legally described as:
Lots 1 through 12, including Block 4, Onaway, together with adjacent vacated street and
adjacent vacated alley, subject to easement of record.
WHEREAS, Section 205.25.06.D.(2).((b)) of the Fridley City Code requires a side yard setback of
25 ft. on a corner lot, in the S-3, Heavy Industrial Onaway Zoning District; and
WHEREAS, Section 205.05.06 of the Fridley City Code allows a variance to be granted where
practical difficulties or unique circumstances exist that cause undue hardship in the strict application
of the City Code; and
WHEREAS, variance application, VAR #13-01 submitted by Donald J. and Judith M. Gamboni, for
the property at 7890 Hickory Street, requests to reduce the side yard on a corner lot from 25 ft. to
12 ft. to allow a building addition; and
WHEREAS, on October 2, 2013, the Fridley Appeals Commission held a public hearing to consider
variance request, VAR #13-01; and
WHEREAS, a practical difficulty or uniqueness was found to exist based on the following findings:
a.The request is in harmony with the general purpose and intent of the City Ordinance and
is consistent with the Comprehensive Plan.
b.The request is not out of character for the neighborhood and the reduced side yard
setback does not appear to have any adverse impacts on neighboring properties.
c. Unique circumstances exist on the property, related to:
1.The shape of the subject property.
2.The subject property is surrounded by public right-of-ways
3.Several utility easements run north and south along the west side of the property
making it impossible to expand the building to the west.
WHEREAS, at the October 2, 2013 meeting, the Appeals Commission unanimously recommended
approval of Variance, VAR #13-01 based on the above findings; and
Resolution No. 2013-61 Page 2
WHEREAS, on October 14, 2013, the Fridley City Council approved the stipulation represented in
Exhibit A to this resolution as the conditions approved by the City Council on Variance VAR# 13-
01; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Variance,
VAR# 13-01 and stipulation represented in Exhibit A are hereby adopted and approved based on the
above findings by the City Council of the City of Fridley.
TH
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14
DAY OF OCTOBER, 2013.
________________________________________
SCOTT J. LUND – MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN - CITY CLERK
Resolution No. 2013-61 Page 3
EXHIBIT A
Variance, VAR# 13-01
7890 Hickory Street NE, Fridley, MN 55432
Stipulations
1.Approval of variance request, VAR #13-01 for the petitioner, Jamb Architects, on behalf
of Donald and Judith Gamboni, property owners of 7890 Hickory Street, is contingent
upon the approval of street vacation request, SAV #13-03, requested by the same parties.
2.Recording of a private non-exclusive access easement granted by the Donald J. Gamboni
and Judith M. Gamboni, property owners of 7890 Hickory Street, over:
That part of 79th Avenue N.E. dedicated in Onaway, lying west of the
northerly extension of the west line of Hickory Street and easterly of the
southerly extension of the westerly line of PARK SHOP, Anoka County,
Minnesota
to adjacent property owners, who are currently Burlington Northern Inc., Carlson Park
Properties, and Ryan Companies US Inc.