Resolution No. 2021-10 VAR #21-02 775 53rd Avenue
Resolution No. 2021-10
Approving a Variance, VAR #21-02 to Reduce the Front Yard Setback and the Front Yard
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Hard Surface Setback for the Property Located at 775 53 Avenue N.E., Owned by
Rixmann Central Avenue II LLC and Petitioned by 2C Development
Whereas, on December 18, 2020, an application for a Variance was submitted for the property
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located at 775 53 Avenue N.E., legally described in Exhibit A; and
Whereas, Section 205.15.3.C.(1) of the City Code requires a building front yard setback of 80 feet
from the property line; and
Whereas, Section 205.15.5.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 #21-02 submitted by 2C Development for the property at 775
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53 Avenue N.E., requests a variance to reduce the front yard setback from 80 feet to 71 feet, and
a variance to reduce the parking and hard surface setback requirement to two 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 #21-02; 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?
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 reductions of both the building and the parking are
consistent with the neighboring properties and does provide adequate area for
green space, with parking along the west side the new building.
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 development of the property as a commercial entity is considered a
reasonable use. The proposed front yard setback and parking setback are
reasonable given the neighborhood the property is in and it will create a consistent
look along the Shopping Center Drive corridor.
Resolution No. 2021-10 Page 2
D. Are there unique circumstances to the property, not created by the
landowner?
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?
This proposed project will not alter the essential character of the locality and will
fit in well.
Whereas, at the January 20, 2021 meeting, the Planning Commission unanimously recommended
approval of the Variance, VAR #21-02 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 Variance, VAR #21-02.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves
Variance, VAR #21-02 to reduce the front yard setback and the front yard hard surface setback
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for the property located at 775 53 Avenue N.E. and the stipulations represented in Exhibit B.
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Passed and adopted by the City Council of the City of Fridley this 8 day of February, 2021.
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Scott J. Lund – Mayor
ATTEST:
Daniel Tienter – City Clerk
Resolution No. 2021-10 Page 3
Exhibit A
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Legal Description for 775 53 Avenue N.E.
Lot Two (2), Block One (1), Target Addition, according to the recorded plat thereof, Anoka
County, Minnesota.
Together with the benefits of attachments contained in Easement Agreement dated October 12,
1977, Filed October 13, 1977 as Document No. 480528
Resolution No. 2021-10 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, and signage plans
2. The petitioner is strongly encouraged to participate in Xcel Energy’s Energy Design
Assistance program to identify energy and cost-saving strategies