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Resolution No. 2021-28 Variance, VAR #21-03 Resolution No. 2021-28 Approving a Variance, VAR #21-03 to Reduce the Lot Size Requirement for the Property th Located at 361 74 Avenue N.E., Owned by B & D Mathews Investments LLC Whereas, on February 12, 2021, an application for a Variance was submitted for the property th located at 361 74 Avenue N.E., legally described as Lot 9, Block 1, Melody Manor; and Whereas, Section 205.09.03.A.(2) of the City Code requires a minimum lot area of 15,000 square feet for a four (4) family dwelling with an additional 1,000 square feet for each unit over four (4); and Whereas, Section 205.05.06 of the 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 #21-03 submitted by B & D Mathews Investments LLC for the th property at 361 74 Avenue N.E., requests a variance be granted to reduce the lot size requirement from 19,000 sq. ft. to 13,500 sq. ft.; and Whereas, on March 17, 2021, the Planning Commission held a public hearing to consider variance request, VAR #21-03; and Whereas, a practical difficulty or uniqueness was found to exist based on the following findings:  Is the variance in harmony with the purpose and intent of the ordinance?  When the property was developed in 1962, multi-family uses were a permitted use on the subject property and the surrounding parcels. Allowing multi-family uses is the intent of the ordinance, which is what is occupied on-site, therefore meeting the intent.  Is the variance consistent with the Comprehensive Plan?  The 2040 Comprehensive Plan guide this property for multi-family: so consistent with the Plan.  Does the proposal put the property to use in a reasonable manner?  The property will continue to be used as it has been since 1962 and is considered a reasonable use.  Are there unique circumstances to the property, not created by the landowner?  Unique circumstances do exist on the property; an 8-unit building was permitted to be constructed on the property, despite not meeting the minimum lot size requirements in 1962. That circumstance was created prior to the petitioner owning the property. There have been little to no complaints or code violations on this property, so the property will continue to function as it has for the last 59 years. All other code requirements can be met, except for lot size. Resolution No. 2021-28 Page 2  This circumstance is also unique because staff today would never recommend granting a variance to lot size. Granting a variance to lot size is essentially creating a new minimum in a zoning district. This situation is unique because it is pre- existing and would not be precedence setting for new developments.  Will the variance, if granted, alter the essential character of the locality?  Granting the variance will not alter the character of the neighborhood and it will allow the City to place stipulations on the variance to help mitigate any negative impacts to the neighborhood. Whereas, at the March 17, 2021 meeting, the Planning Commission unanimously recommended approval of the Variance, VAR #21-03 based on the above findings of fact; and Whereas, on April 12, 2021 the Fridley City Council approved the stipulations presented in Exhibit A as the conditions approved by the City Council of Variance, VAR #21-03. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves th Variance, VAR #21-03 to reduce the lot size requirement for the property located at 361 74 Avenue N.E. and the stipulations represented in Exhibit A are hereby adopted and approved based on the above findings of fact. th Passed and adopted by the City Council of the City of Fridley this 16 day of April, 2021. _______________________________________ Scott J. Lund – Mayor ATTEST: Daniel Tienter – City Clerk Resolution No. 2021-28 Page 3 Exhibit A Stipulations: 1. The petitioner and any future property owner shall monitor and maintain on-site parking. There shall be no off-street parking by residents. 2. The petitioner and any future property owner shall comply with all code requirements related to solid waste disposal and recycling collection.