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Res 2013-61 RESOLUTION NO. 2013 - 61 A RESOLUTION 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, requests to reduce the side yard 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. 2013-61 Page 2 WHEREAS, on October 14, 2013, the Fridley City Council approved the stipulation represented in Exhibit A to this resolution as the conditions approved by the City Council on Variance VAR# 13- 01; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Variance, VAR# 13-01 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 OCTOBER, 2013. ________________________________________ SCOTT J. LUND – MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution No. 2013-61 Page 3 EXHIBIT A Variance, VAR# 13-01 7890 Hickory Street NE, Fridley, MN 55432 Stipulations 1.Approval of variance request, VAR #13-01 for the petitioner, Jamb Architects, on behalf of Donald and Judith Gamboni, property owners of 7890 Hickory Street, is contingent upon the approval of street vacation request, SAV #13-03, requested by the same parties. 2.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 79th Avenue N.E. dedicated in Onaway, lying west of the northerly extension of the west line of Hickory Street and easterly of the southerly extension of the westerly line of PARK SHOP, Anoka County, Minnesota to adjacent property owners, who are currently Burlington Northern Inc., Carlson Park Properties, and Ryan Companies US Inc.