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Resolution No. 2021-09 VAR #21-01, 5400 Central Resolution No. 2021-09 Approving a Variance, VAR #21-01 to Reduce the Front Yard Hard Surface Setback for the Property Located at 5400 Central Avenue, Owned by Ricky’s Properties Inc. and Petitioned by Calichi Group Whereas, on December 18, 2020, an application for a Variance was submitted for the property located at 5400 Central Avenue N.E., legally described in Exhibit A; and Whereas, Section 205.14.5.D.(5).((a)) of the City Code requires all parking and hard surface areas be 20 feet from the property line; and Whereas, Section 205.05.06 of the 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 #21-01 submitted by Calichi Group for the property at 5400 Central Avenue N.E., request a variance to reduce the parking and hard surface setback requirement to 2 feet, instead of the code required 20 feet; and Whereas, on January 20, 2021, the Planning Commission held a public hearing to consider variance request, VAR #21-01; 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? The intent of the front yard hard surface setback is to ensure that there is sufficient room for green space and separation between the right-of-way and parking lot. The proposed setback reduction is consistent with the neighboring properties and will only be a slight change from what is on the site today. Redevelopment of the site allows for additional green area and storm water mitigation that wouldn’t otherwise be provided. B. Is the variance consistent with the Comprehensive Plan? The 2030 and 2040 Draft Comprehensive Plan guide this property for commercial redevelopment: so consistent with the Plan. C. Does the proposal put the property to use in a reasonable manner? The proposed redevelopment of the property as a commercial entity is considered a reasonable use. The proposed setback reduction is reasonable given that access to the property is limited. D. Are there unique circumstances to the property, not created by the landowner? Unique circumstances do exist on this property. Site access limited through an easement agreement with the property to the south and the City, which limits the location of how the site is entered and exited from. Steep slopes on the north and Resolution No. 2021-09 Page 2 west sides of the property also create a unique circumstance, limiting the building area footprint. E. Will the variance, if granted, alter the essential character of the locality? This proposed redevelopment project will not alter the essential character of the locality and will continue to create a consisted look along this section of Central Avenue with a parking setback of 1.5-2 ft. Whereas, at the January 20, 2021 meeting, the Planning Commission unanimously recommended approval of the Variance, VAR #21-01 based on the above findings of fact; and Whereas, on February 8, 2021 the Fridley City Council approved the stipulations presented in Exhibit B as the conditions approved by the City Council of the Variance, VAR #21-01. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves Variance, VAR 21-01 to reduce the front yard hard surface setback for the property located at 5400 Central Avenue N.E. and the stipulations represented in Exhibit B. th Passed and adopted by the City Council of the City of Fridley this 8 day of February, 2021. _______________________________________________ Scott J. Lund – Mayor ATTEST: Daniel Tienter – City Clerk Resolution No. 2021-09 Page 3 Exhibit A Legal Description for 5400 Central Avenue N.E. A tract of land beginning at the point of intersection of the north line of the south 20.00 feet of Lot 11, Auditor’s Subdivision No. 155, with the west right of way line of State Truck Highway No. 65; thence northerly along said west right of way line a distance of 162.00 feet, thence westerly at a right angle to said right of way line a distance of 195.00 feet; thence southerly at a right angle a distance of 162.00 feet to the northerly line of the south 20.00 feet of said Lot 11, Auditor’s Subdivision No. 155; thence easterly along said northerly line of said southerly 20.00 feet of said Lot 11, Auditor’s Subdivision No. 155 to the point of beginning. Resolution No. 2021-09 Page 4 Exhibit B Stipulations 1. The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code 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, signage plans, and 4-sided architecture. 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.