Res 2020-30 Variance, VAR #20-01
RESOLUTION NO. 2020 - 30
A RESOLUTION APPROVING VARIANCE VAR #20-01
TO REDUCE THE FRONT YARD SETBACK FOR THE PROPERTY LOCATED AT
6290 HWY 65 NE, PETITIONED BY 6290 HWY 65 NE LLC, ON BEHALF OF THE
PROPERTY OWNER, SCOTT BEITZ
WHEREAS, on April 17, 2020, an application for a Variance was submitted for the property located
at 6290 Hwy 65 NE, legally described in Exhibit A; and
WHEREAS, Section 205.15.3.C.(1) of the Fridley City Code requires an 80 ft. front yard setback;
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 #20-01 submitted by 6290 Hwy 65 NE, LLC for the property
at 6290 Hwy 65 NE, requests a variance to reduce the front year setback requirement to 56 ft., instead
of the code required 80 feet; and
WHEREAS, on May 20, 2020, the Fridley Planning Commission held a public hearing to consider
variance request, VAR #20-01; 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?
o The intent of the front yard setback is to ensure that there is sufficient room for
green space and parking, especially for a property zoned Shopping Center District.
The proposed setback reduction is consistent with the neighboring properties and
provides adequate area for green space and a patio, with parking along the north
side the building.
b. Is the variance consistent with the Comprehensive Plan?
o The 2030 and 2040 Draft Comprehensive Plan guide this property as commercial;
so, the proposed use is consistent with the Plan.
c. Does the proposal put the property to use in a reasonable manner?
o The proposed development of the property as a commercial entity is considered a
reasonable use. The proposed front yard setback is reasonable given the
neighborhood the property is located in and it will create a consistent look along
the Hwy 65 Service Drive corridor.
d. Are there unique circumstances to the property, not created by the landowner?
o Unique circumstances do exist on this property in relation to the zoning that was
designated to it and the surrounding properties. It also is unique for parcels of this
size to have that zoning designation.
e. Will the variance, if granted, alter the essential character of the locality?
o This proposed project will not alter the essential character of the locality and will
fit in nicely.
Resolution No. 2020 – 30 Page 2
WHEREAS, at the May 20, 2020 meeting, the Planning Commission unanimously recommended
approval of Variance, VAR #20-01 based on the above findings; and
WHEREAS, on June 8, 2020, 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 #20-
01;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Variance,
VAR #20-01 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
TH
8 DAY OF JUNE, 2020.
_____________________________________
SCOTT J. LUND – MAYOR
ATTEST:
________________________________
DANIEL J. TIENTER - CITY CLERK
Resolution No. 2020 – 30 Page 3
EXHIBIT A
Legal description for 6290 Hwy 65 NE Fridley MN 55432
Owner: Scott Beitz
th
A part of Outlots No. Two (2) and Three (3), Block One (1), Moore Lake Highlands 4 Addition,
according to the plat thereof on film and filed in the office of the Register of Deeds in and for
Anoka County, Minnesota as filed in Book P, Page 15, and more particularly described as follows:
th
Beginning at the Southeast corner of Outlot No. 2, Block One (1) of Moore Lake Highlands 4
Addition and going in a Southerly direction along the West line of Service Road a distance of Thirty
feet (30’) to the point of beginning; thence Westerly parallel to the South line of Outlot No. 2 a
distance of One Hundred Ten Feet (110’); thence Northerly parallel with the west line of Service
Road a distance of One Hundred Fifty (150’); thence Easterly, parallel to the South line of Outlot
No. 2, a distance of One Hundred Ten feet (110”); thence Southerly along the West line of Service
Road to the point of beginning.
Anoka County, Minnesota
Abstract Property
Resolution No. 2020 – 30 Page 4
EXHIBIT B
STIPULATIONS
1. The petitioner shall meet all requirements set forth by:
a. The Building Code
b. The Fire Code – including but not limited to hydrant location, weight restrictions on
potential bridge to traverse wetland, signage for emergency vehicles
c. The City’s Engineering department – including but not limited to grading, drainage,
utilities plans, storm pond maintenance agreement, and utility connection fees
d. The City’s Planning department – including but not limited to landscaping, lighting,
and signage plans
e. The Rice Creek Watershed District regulations
2. The petitioner is strongly encouraged to participate in Xcel Energy’s Energy Design
Assistance program in order to identify energy and cost-saving strategies