Res 2014-49
RESOLUTION NO. 2014 - 49
A RESOLUTION APPROVING VARIANCE VAR# 14-02
TO INCREASE THE FENCE HEIGHT REQUIREMENT FOR AN AUTO RECYCLING
CENTER USE FROM 8 FEET TO 10 FEET;
FOR THE PROPERTY LOCATED AT 1175 73 ½ AVENUE NE, OWNED BY RYLUND
PROPERTIES, PETITIONED BY A-ABCO RECYCLED AUTO PARTS
WHEREAS, on May 30, 2014, an application for a Variance was submitted for the property located
at 1173 73 ½ Avenue NE and legally described as:
rd
Lot 2, Block 1, Central View Manor 3 Addition, subject to easement of record.
WHEREAS, Section 205.17.1.C.(8).((d)) of the Fridley City Code requires that an auto recycling
center shall be enclosed by a fence, at least (8) eight feet in height in the M-1, Light Industrial
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 #14-02 submitted by A-ABCO Recycled Auto Parts, for
the property at 1175 73 ½ Avenue, requests to increase the fence height requirement from 8 feet to
10 feet; and
WHEREAS, on July 2, 2014, 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
1.The screening requirements for auto recycling centers in the M-1, Light
Industrial zoning district state that all areas used for storage of vehicles,
materials, supplies, or equipment shall be enclosed by a fence, at least eight
feet in height and shall be constructed so that no portion of the storage area is
visible from the public right-of-way. The intent of this ordinance is to screen
this business operation from public view.
b.The request is consistent with the Comprehensive Plan.
c.The request is not out of character for the neighborhood and the increase in fence height
is consistent with the same use on neighboring properties and will not cause any adverse
impacts.
d. Unique circumstances exist on the property, related to:
Resolution 2014-49 Page 2
1.The grade difference between the mobile home park to the north and the
subject property warrant the need for a taller fence.
2.Code states that the screening fence shall be at least 8 feet, leaving to
interpretation by the City that in some cases this height requirement may need
to be increased.
WHEREAS, at the July 2, 2014 meeting, the Appeals Commission unanimously recommended
approval of Variance, VAR #14-02 based on the above findings; and
WHEREAS, on July 14, 2014, the Fridley City Council approved the stipulations represented in
Exhibit A to this resolution as the conditions approved by the City Council on Variance VAR# 14-
02; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Variance,
VAR# 14-02 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 JULY, 2014.
________________________________________
SCOTT LUND – MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN - CITY CLERK
Resolution 2014-49 Page 3
EXHIBIT A
Variance, VAR# 14-02
1175 73 ½ Avenue NE, Fridley, MN 55432
Stipulations
1.The petitioner shall apply for any necessary permits, including a fence permit, prior to
construction or demolition taking place on site.
2.Fence type and material shall match that of the existing fence located on the adjoining
parcels owned by A-ABCO.
3.All gates shall allow simplicity of closure so that when an item, person or vehicle has
passed through the gate it can be easily closed.
4.Gates to remain closed, except when open for a specific item, person or vehicle to pass
through.
5.Nothing can be stored above the fence or in a manner that can be seen from outside of the
fence.
6.Any and all graffiti that may be placed on the fence shall be removed by the property
owner within 2 business days of its placement.