Res 2017-52 VAR #17-02 Gaughan Dev
RESOLUTION NO. 2017 - 52
A RESOLUTION APPROVING VARIANCE VAR# 17-02
TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 35 FEET TO
30 FEET TO ALLOW THE DEVELOPMENT OF THE VACANT PARCEL OF LAND
RD
ON THE NORTHWEST CORNER OF UNIVERSITY AVENUE NE AND 83 AVENUE
NE, PETITIONED BY GAUGHAN DEVELOPMENT LLC
WHEREAS, on August 4, 2017, an application for a Variance was submitted for the property with a
Parcel Identification Number (PIN) of 02-30-24-22-0011 and legally described as Lot 1, Block 2,
Springbrook Apartments at Northtown, Anoka County, Minnesota; and
WHEREAS, Section 205.14.3.C.(2)(b) of the Fridley City Code requires a side yard setback when
the side yard abuts a street of a corner lot of not less than thirty-five (35) feet in the C-2, General
Business 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 #17-02 submitted by Gaughan Development LLC, for the
property with PIN of 02-30-24-22-011, requests to reduce the side yard setback on a corner lot from
35 feet to 30 feet; and
WHEREAS, on September 6, 2017, the Fridley Appeals Commission held a public hearing to
consider variance request, VAR #17-02; 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.
The intent of the side yard setback is to ensure that there is sufficient room for
green space and to provide adequate area around the building for emergency
access.
The site plan shows a 20 ft. drive aisle around the building, which is what is
required for emergency access.
This property has an unusually large right-of-way along University Avenue
(approx. 70 ft.) which will continue to provide a buffer between the new
building and the road way, and it will provide green space.
b.The Comprehensive Plan mistakenly guides this property as Vacant. The City’s
intended plan for this property has always been a commercial use, and staff has noted
the need to correct the error in the next Comprehensive Plan update.
c.The proposed development of the property is considered a reasonable use. There are
several turn-back parcels within the City that are difficult to develop with the setback
constraints required for all sides along a right-of-way. Most of these parcels have
required a variance of some kind to be developed. Granting a 5 ft. building setback
variance is reasonable to allow for the development of this site.
Resolution No. 2017-52 Page 2
d.Unique circumstances exist on the property, related to:
A turn-back parcel that has right-of-way on all sides is a unique circumstance.
City code requires a 35 ft. setback from the right-of-way is required on all
sides instead of the standard 15 ft. setback for an interior commercially zoned
lot which makes developing this site difficult.
e.The essential character of the locality won’t be altered as the University Avenue
corridor is lined with other commercial users and many of them have buildings closer
to the right-of-way then the proposed project.
WHEREAS, at the September 6, 2017, meeting, the Appeals Commission unanimously
recommended approval of Variance, VAR #17-02 based on the above findings; and
WHEREAS, on September 25, 2017, 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#
17-02; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Variance,
VAR# 17-02 and the stipulations represented in Exhibit A are hereby adopted and approved based
on the above findings by the City Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH
25 DAY OF SEPTEMBER, 2017.
_______________________________
SCOTT J. LUND – MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN - CITY CLERK
Resolution No. 2017-52 Page 3
EXHIBIT A
Variance, VAR# 17-02
PIN 02-30-24-22-011
rd
Vacant Parcel at the Northwest corner of University Avenue and 83 Avenue
Stipulations:
1.
The petitioner shall obtain any required permits prior to the start of construction.
2.
The petitioner shall meet all building, fire, and ADA requirements.
3.
City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
4.
The petitioner shall comply with Coon Creek Watershed District regulations.
5.
Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
6.
Additional architectural elements shall be added to the east side of the building (ex.
spandrel glass, windows, and awnings). To be approved by planning staff prior to
issuance of a building permit.
7.
Site plan shall be modified to include a bike rack near the regional bike trail on
University Avenue.
8.
The developer shall complete a traffic study prior to issuance of a building permit to
analyze on-site circulation, access points to the site, and safe pedestrian crossing.
9.
The developer shall complete a wetland delineation of the site prior to issuance of a
building permit.