Res 2018-27 VAR 18-01 AshleyRESOLUTION NO. 2018 - 27
A RESOLUTION APPROVING VARIANCE VAR #18-01
TO ALLOW A CANOPY TO ENCROACH INTO THE FRONT YARD SETBACK 11 FT.
7 IN. AT 5353 EAST RIVER ROAD NE, PETITIONED BY ARCHNET, ON BEHALF OF
THE PROPERTY OWNER, GMROI LLC
WHEREAS, on May 4, 2018, an application for a variance was submitted for the property at 5353
East River Road NE, legally described in Exhibit A; and
WHEREAS, Section 205.04.6.A.(3) of the Fridley City Code allow canopies and steps to extend no
more than 10 feet into the required front yard; 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 418-01 submitted by Archnet, for the property at 5353 East
River Road NE, requests a variance to encroach into the front yard setback 11 feet 7 inches, instead
of the code required 25 feet; and
WHEREAS, on June 6, 2018, the Fridley Appeals Commission held a public hearing to consider
variance request, VAR #18-01; and
WHEREAS, a practical difficulty or uniqueness was found to exist based on the following findings:
a. Is the variance in harmony with the purpose and intent of the ordinance?
• The intent of the ordinance which allows canopies to encroach 10 ft. in the front
yard setback is to allow a structure that has a roof, but no side walls the flexibility
to encroach into the setback, while also providing adequate room for green space.
• The proposed canopy pillar at its closest point is 11 ft. 7 in. from the property
line. It then steps in and the next pillar is set back at 19 ft. 6 in. There is also a
15 ft. boulevard along this segment of the East River Road Service Drive, which
will provide a buffer between the new canopy and the roadway and will help to
increase the green space. Including the boulevard space, there will be
approximately 26 ft. to the roadway from the closest canopy pillar.
b. Is the variance consistent with the Comprehensive Plan?
• The Comprehensive Plan guides this property as industrial, the use will remain
industrial, and the additional helps with business expansion; as a result it is
consistent with the Plan.
c. Does the proposal put the property to use in a reasonable manner?
• The existing use of the property and the proposed addition to the existing
building is considered a reasonable use. The subject property is on a dead-end
street, which doesn't experience huge traffic volumes. The proposed setback of
the roofed canopy, with no side walls will not create an impact to the property;
therefore, the proposed construction of the canopy is reasonable.
Resolution No. 2018-27
Page 2
d. Are there unique circumstances to the property, not created by the landowner?
• Unique circumstances do exist on this property. To get to the existing customer
pick up area, there is quite a slope that needs to be navigated. This has proven to
be difficult for loading furniture as well as for those customers that have
accessibility issues. The new pick up area will allow the vehicle to drive up a
more gradual slope to a flat surface to allow the loading of products.
• Another unique circumstance is the location of the "brains of the building" within
the existing building structure. Though the location of the internal workings of
the businesses utility systems does fall on the landowner in some regards, it does
create a challenge when designing a customer pick up area in this location that is
safe and efficient.
e. Will the variance, if granted, alter the essential character of the locality?
• This portion of the East River Road Service Drive to the cul-de-sac is owned and
operated by the property owner, Furniture Mart USA. It is used mainly for retail
customers and delivery trucks. Constructing the proposed canopy will continue
to allow the visibility needed up and down the street for motorists, so the
essential character of the area will not be altered.
WHEREAS, at the June 6, 2018 meeting, the Appeals Commission unanimously recommended
approval of Variance, VAR #18-01 based on the above findings; and
WHEREAS, on June 11, 2018, the Fridley City Council approved the stipulations represented in
Exhibit B to this resolution as the conditions approved by the City Council on Variance VAR
#18-01;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Variance,
VAR 418-01 and the stipulations represented in Exhibit B 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
11TH DAY OF JUNE, 2018.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Resolution No. 2018-27
EXHIBIT A
Legal description for 5353 East River Road NE Fridley MN 55421
Owner: GMROI, LLC
Page 3
Lots 2, 3, 4, and 5, Block l; Great Northern Industrial Center — Fridley, according to the plat on
file and of record in the office of the Registrar of Titles, Anoka County, Minnesota
Subject to the sanitary sewer, water main, and utility easements as shown on plat of Great
Northern Industrial Center — Fridley filed October 30, 1969 as Document No. 65776.
And
That portion of Outlot B lying Westerly of a line drawn from the Southwest corner of Lot 1,
Block 1, to the most Northerly corner of Lot 2, Block 7; Great Northern Industrial Center —
Fridley, according to the plat on file and or record in the office of the Registrar of Titles, Anoka
County, Minnesota
Resolution No. 2018-27
EXHIBIT B
STIPULATIONS
Page 4
1. The petitioner shall obtain any required permits prior to the start of construction.
2. The petitioner shall meet all building, fire, and ADA code requirements.
3. The addition shall be architecturally compatible with the existing building.
4. City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
5. The petitioner shall satisfy Mississippi Watershed Management Organization
requirements prior to issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
7. Per Section 205 of the Fridley City Code, this Variance will become null and void one
year after the City Council approval date if work has not commenced or if the Petitioner
has not petitioned the City Council for an extension