Res 2014-29
RESOLUTION NO. 2014 - 29
A RESOLUTION TO CORRECT RESOLUTION NUMBER 2013-61 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, requested reduction of the side yard setback 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. 2014-29 Page 2
WHEREAS, on October 14, 2013, the Fridley City Council approved a Resolution and the
stipulations represented in Exhibit A to the resolution (Resolution 2013-61) as the conditions
approved by the City Council on Variance VAR# 13-01; and
WHEREAS, Resolution 2013-61, was recorded with the Anoka County Registrar of Titles on
October 21, 2013 as Document No. 519722.002 TORRENS; and
WHEREAS, subsequent to the recording of Document No. 519722.002 TORRENS, an error was
found in the legal description in Document No. 519722.002 TORRENS related to the description of
the private non-exclusive access easement that the property owners, Donald J. Gamboni and Judith
M. Gamboni (the “Gambonis”) were required to grant to adjacent property owners, Burlington
Northern Inc., Carlson Park Properties, and Ryan Companies US Inc. as Stipulation #2 in
Resolution 2013-61; and
WHEREAS, the purpose of this Resolution is to correct the error in the legal description related
to the private non-exclusive access easement and does not in any way affect or change the merits
of the variance requested and approved pursuant to Resolution 2013-61; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that:
1.Variance, VAR# 13-01 and stipulations represented in Exhibit A to Resolution 2013-61
are hereby reaffirmed and revised only with respect to the legal description set forth in
Stipulation #2 related to the private non-exclusive access easement required to be
granted by the Gambonis to Burlington Northern Inc., Carlson Park Properties, and
Ryan Companies US Inc. and said Stipulation #2 shall be revised and corrected to
read as follows:
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 the north half of 79th Avenue N.E. lying
between the northerly extension of the west line of Hickory
Street and the southerly extension of the easterly line of
PARK SHOP, according to the recorded plat thereof,
Anoka County, Minnesota. Together with that part of the
th
south half of 79 Avenue N.E. lying between said northerly
extension of the west line of Hickory Street and the
southerly extension of the westerly line of said PARK
SHOP.
to adjacent property owners, who are currently Burlington Northern Inc., Carlson
Park Properties, and Ryan Companies US Inc.
2.All other provisions and stipulations of Resolution 2013-61 remain unchanged and in
full force and effect.
Resolution No. 2014-29 Page 3
TH
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24
DAY OF MARCH, 2014.
________________________________________
SCOTT LUND – MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN - CITY CLERK