Res 2014-30
RESOLUTION NO. 2014 - 30
A RESOLUTION APPROVING VARIANCE VAR# 14-01 TO ALLOW A 3 FOOT SIDE
YARD SETBACK WHERE 5 FEET IS REQUIRED ON THE NORTH SIDE OF THE
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LOT; FOR THE PROPERTY GENERALLY LOCATED AT 5801 3 STREET NE,
PETITIONED BY NOVAK-FLECK INCORPORATED
WHEREAS, on January 31, 2014, an application for a Variance was submitted for the property
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located at 5801 3 Street NE and legally described as:
Lots 1 and 1A, Block 1, Gateway West Second Addition.
WHEREAS, Section 205.23.5.D.(2)(b) of the Fridley City Code requires a side yard setback of
five (5) feet for an attached garage, in the S-1, Hyde Park Neighborhood ; 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 #14-01 submitted by Novak-Fleck Incorporated, for the
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property at 5801 3 Street NE, requests to reduce the side yard setback from 5 ft. to 3 ft., as
depicted in Exhibit A, to allow the construction of a new house; and
WHEREAS, on March 5, 2014, the Fridley Appeals Commission held a public hearing to consider
variance request, VAR #14-01; 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 to allow the redevelopment of the property
for a single family house.
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 as there
is sufficient open space between the new house and the neighboring structures.
c. Unique circumstances exist on the property, related to:
1. The City’s utility as-built drawings showed an inaccurate location of the sewer pipe
on the south side of the subject property.
2. The location of said sewer pipe, limits the placement of the new house on the subject
property.
3. The relocation of sewer pipe is not feasible due to location of water line and State
Code separation requirements for water and sewer lines.
WHEREAS, at the March 5, 2014, meeting, the Appeals Commission unanimously approved
Variance, VAR #14-01 based on the above findings; and
Resolution No. 2014-30 Page 2
WHEREAS, on March 24, 214, the Fridley City Council approved Variance VAR, #14-01; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Variance,
VAR# 14-01 is 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 24
DAY OF MARCH, 2014.
________________________________________
SCOTT LUND - MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN - CITY CLERK
ResolutionNo.2014-30Page3