2011.07.05 RESO 2011-16 - Laserfiche WebLink

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.a* RESOLUTION 2011-16 APPROVING A VARIANCE FOR THOMAS HOUCK IN THE CENTRAL BUSINESS ZONING DISTRICT ON PROPERTY LOCATED AT 5525141$` STREET NORTH ALLOWING 18 PARKING SPACES FOR A RETAIL USE WHERE 32 SPACES ARE REQUIRED BY ORDINANCE WHEREAS, Thomas Houck has requested approval of a variance from the parking requirements and is legally described as follows: 7utlot A. Traegers Addition, Plat 2 WHEREAS, the Board of Zoning and Appeals has reviewed said variance on June 23, 2011 and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve a variance from the parking requirements for Thomas Houck, based upon the following findings: 1. The variance as requested is permissible by law. The variance request is permissible by law. 2. The strict enforcement of the ordinance would cause undue hardship because of circumstances unique to the individual property not caused by the land owner. The property is unique because it is a building in a commercial district with an existing parking lot without enough parking spaces to meet the requirement for most uses that would typically be found in a commercial district. If the variance is denied, the applicant may be limited to the building's only possible legal use, as a daycare center. If the market conditions are not favorable for a daycare center, the applicant may be without any viable use for the building, creating a hardship. 3. The granting of the variance would be in keeping with the spirit and intent of the ordinance. The spirit and intent of the parking regulations in the ordinance is to ensure that adequate parking is in place for the intended use. Staffs opinion is that the proposed parking spaces are adequate for most commercial/retail uses. The variance on the property is in keeping with the spirit and intent of the ordinance. 4. The property can not be put to reasonable use without the granting of the variance. Considering the dimensions of the existing building and the restricting buildable area on the property, if the variance is not approved, the site may not allow the owner to find a suitable user. It is in staff s opinion that the request to allow less parking than required is a reasonable request.