Res 2015-38 Central Roofing VAR 15-02
RESOLUTION NO. 2015 - 38
A RESOLUTION APPROVING VARIANCE VAR# 15-02 TO REDUCE THE SIDE YARD
SETBACK FROM 20 FEET TO 6.7 FEET TO ALLOW A BUILDING ADDITION; FOR
THE PROPERTY LOCATED AT 4550 MAIN STREET NE, OWNED BY RUM RIVER III
LLC, PETITIONER BY CENTRAL ROOFING COMPANY
WHEREAS, on July 2, 2015, an application for a Variance was submitted for the property located
at 4550 Main Street NE and legally described in Exhibit B:
WHEREAS, Section 205.18.3.D.(2) of the Fridley City Code requires a side yard setback of not less
than twenty (20) feet in the M-2, Heavy Industrial 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 #15-02 submitted by Central Auto Parts, for the property at
4550 Main Street NE, requests to reduce the side yard setback from 20 feet to 6.7 feet; and
WHEREAS, on August 5, 2015, the Fridley Appeals Commission held a public hearing to consider
variance request, VAR #15-02; 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.
1.The placement of the proposed addition is already in an area used for storage
so green space will not be removed for the construction of the addition.
Access to this site is already restricted to the north side, so placement of the
addition won’t alter access to the site.
2.The existing building already has a fire suppression system and the new
addition will require one, which helps to alleviate some access concerns
around the building.
b.The request is consistent with the Comprehensive Plan.
c.The request is not out of character for the neighborhood and the joining the new
structure to an existing structure already setback at 6.7 feet from the property line will
provide a consistent look to the property. The length of the building addition in this
location is essential to the interior operations of the business, due to the size of the
materials being manufactured within it.
d. Unique circumstances exist on the property, related to:
1.The buildings on this site and the business existed before the petitioner took
ownership of the property and business. Therefore internal workings of the
property and building had already been established.
2.Connection of these buildings will also improve security to the site. The
materials and equipment stored in the yard on site require a secured location.
Resolution No. 2015-38 Page 2
WHEREAS, at the August 24, 2015 meeting, the Appeals Commission unanimously recommended
approval of Variance, VAR #15-02 based on the above findings; and
WHEREAS, on August 24, 2015, 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# 15-
02; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Variance,
VAR# 15-02 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.
TH
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24
DAY OF AUGUST, 2015.
________________________________________
SCOTT J. LUND – MAYOR
ATTEST:
________________________________
DEBRA A. SKOGEN - CITY CLERK
Resolution No. 2015-38 Page 3
EXHIBIT A
Variance, VAR# 15-02
4550 Main Street NE, Fridley, MN 55432
Stipulations:
1.
The petitioner shall obtain any required permit prior to the start of construction.
2.
Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
3.
City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
4.
The building addition shall be architecturally compatible with the existing building.
Resolution No. 2015-38 Page 4
EXHIBIT B
Variance, VAR# 15-02
4550 Main Street NE, Fridley, MN 55432
Legal Description:
Tract A, Registered Land Survey No. 102
Subject however to the rights of the public over the East 33 feet thereof taken for Main Street Northeast
for purposes of this description, the East line of Lot One (1), Auditor’s Subdivision Number 79, Anoka
County, Minnesota is assumed to be a due North and South line.
Subject to an easement for public road purposes over the following described land: The East 33 feet of
the Southeast Quarter of the Southeast Quarter (SE ¼ of SE ¼) of Section Twenty-seven (27), Township
Thirty (30) North, Range Twenty-four (24) West, Anoka County, Minnesota which easement was
recorded in Book 311 of Miscellaneous, page 231.
Subject to an easement for sanitary sewer over that part of Lot One (1), Auditor’s Subdivision No. 79,
Anoka County, Minnesota, described as follows: Commencing at a point on a line drawn parallel with
and distant 511 feet Easterly when measured at right angles from the center line of the main track of the
Northern Pacific Railway Company as the same is now constructed and operated, which said line is
hereafter called Line “A” and which said point is 563.5 feet Southerly from the North line of said Lot One
(1) when measured along line “A”, thence Easterly at right angles to Line “A”, a distance of 30 feet;
thence Southerly to the point of intersection of Line “A” with a line drawn parallel with and distant 15
feet Easterly when measured at right angles from the following described line; Commencing at a point 15
feet Easterly from the point of beginning of this description as measured along the first line of this
description and thence Southerly through a point on Line “A” which said point is 710.5 feet Southerly
from the North line of said Lot One (1) when measured along Line “A” thence Northerly along Line “A”
to the point of beginning, which easement was recorded in Book 327 of Miscellaneous, page 404, of the
records of the Register of Deeds, Anoka County, Minnesota.