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Res 2020-58 Variance#20-02 RESOLUTION NO. 2020 - 58 A RESOLUTION APPROVING VARIANCE VAR #20-02 TO INCREASE THE SIZE OF A FREE-STANDING SIGN FOR THE PROPERTY LOCATED AT 8490 UNIVERSITY AVENUE NE, PETITIONED BY HARRY S. JOHNSON CO., INC., ON BEHALF OF THE PROPERTY OWNER, LARSON ENTERPRISES WHEREAS, on August 14, 2020, an application for a Variance was submitted for the property located at 8490 University Avenue NE, legally described in Exhibit A; and WHEREAS, Section 214.12.1.B of the Fridley City Code requires a maximum size of eighty (80) square feet in area for a free-standing sign, per development; 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 #20-02 submitted by Harry S. Johnson Co., Inc. for the property at 8490 University Avenue NE, requests a variance to increase the maximum size of a free- standing sign from 80 square feet to 130 square feet; and WHEREAS, on September 16, 2020, the Fridley Planning Commission held a public hearing to consider variance request, VAR #20-02; 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 code allows an 80 sq. ft. free-standing sign per parcel of land. The petitioner is proposing to forfeit the 80 sq. ft. free-standing sign allowance on Lot 2, and instead add a 50 sq. ft. sign panel to the existing 80 sq. ft. sign on Lot 1. This will reduce the amount of free-standing signage on this corridor of University Avenue from 160 sq. ft. to 130 sq. ft. b. Is the variance consistent with the Comprehensive Plan? o The 2030 and 2040 Draft Comprehensive Plan guide this property as commercial; signage use is consistent with what would be allowed the Plan. c. Does the proposal put the property to use in a reasonable manner? o Adding a sign panel to an existing sign and removing the option for a separate free- standing on Lot 2 is considered a reasonable use. d. Will the variance, if granted, alter the essential character of the locality? o The character of the location will not be impacted as a result of an additional sign panel on an existing sign pole. WHEREAS, at the September 16, 2020 meeting, the Planning Commission unanimously recommended approval of Variance, VAR #20-02 based on the above findings; and Resolution No. 2020 – 58 Page 2 WHEREAS, on October 12, 2020, the Fridley City Council approved the stipulation represented in Exhibit B to this resolution as the condition approved by the City Council on Variance VAR #20-02; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Variance, VAR #20-02 and the stipulation 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 12 DAY OF OCTOBER 2020. SCOTT LUND – MAYOR ATTEST: DANIEL TIENTER - CITY CLERK Resolution No. 2020 – 58 Page 3 EXHIBIT A Legal description for 8490 University Avenue NE Fridley MN 55432 Lot 1, Block 2, Wal-Mart in Fridley, Anoka County, Minnesota, except that part lying northwesterly of the following described line: Commencing at the Northwest corner of said Lot 1; thence North 89 degrees 58 minutes 55 seconds East, bearing assumed, along the North line of said Lot 1, a distance of 26.22 feet to the point of beginning of the line to be described; thence South 42 degrees 14 minutes 47 seconds West 36.85 feet to the West line of said Lot 1 and said line there terminating. (Abstract Property) Resolution No. 2020 – 58 Page 4 EXHIBIT B STIPULATION 1. A separate free-standing sign shall not be allowed on Lot 2 of the Slumberland Addition.