2008.05.05 RESO 2008-0015 - Laserfiche WebLink

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RESOLUTION 2008-15 APPROVING VARIANCE FOR PRATT DEVELOPMENT INC. FOR LOT 1 BLOCK 1 OF FRENCHMAN PLACE 1ST ADDITION LOCATED WEST OF EVERTON AVENUE NORTH GENERALLY NORTH OF FRENCHMAN ROAD (COUNTY ROAD 8) WHEREAS, Pratt Development Inc. has requested a variance from Section 1175-140.1 Subd. 14(a) of the Zoning Ordinance, to allow the parking area to encroach 5 -feet into the required 10 -foot landscape yard from the right-of-way line for Everton Avenue on property, legally described as follows: Lot 1, Block 1, Frenchman Place 1st Addition WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does support the request by Pratt Development Inc. for the requested variance to allow the parking area for the office/medical facility to encroach 5 -feet into the required 10 -foot landscape yard from the right-of-way line for Everton Avenue for the subject property, based on the finding that the request meets the variance standards outlined in Section 1015-090 of the Ordinance. Specifically: 1. The variance request from the Zoning Ordinance dimensional requirements 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 landowner. The landowner is required by the City to dedicate additional right-of-way for Everton Avenue as part of this project. The additional right-of-way is required in order provide access to the site for development. The additional right-of-way limits the developable portion of the site and size of the landscape yard. The wetlands on the site also limit where the building and parking areas can be placed. 3. The need for the variance is caused in part by a conflict in the Zoning Ordinance. Section 1195-530.1 Subd. 4(p) of the Zoning Ordinance requires parking areas to be 5 feet away from all property lines, while Section requires a 10 -foot perimeter landscape in the same location, where abutting a public street. This by default creates a 10 -foot parking setback because parking areas are not allowed in the landscape yard. The granting of the variance would be in keeping with the spirit and intent of the ordinance because the 5 -foot required parking setback would still be met. 4. It would be difficult to build a similar office/medical facility use on this site without granting a variance or impacting more wetland areas.