2002.04.15 RESO 2002-0018 - Laserfiche WebLink

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RESOLUTION 2002-18 APPROVING A SITE PLAN AND VARIANCE FOR CENTEX HOMES FOR "CLEARWATER CROSSING" ON PROPERTY LOCATED WEST OF FENWAY BOULEVARD AND NORTH OF 132ND STREET NORTH WHEREAS, Centex Homes has requested approval of a site plan and variance to allow construction of 122 townhome units on property legally described as follows: Outlot B, Woods of Bald Eagle Lake, according to the recorded plat thereof, Washington County, Minnesota, except that part platted as Townhomes of Bald Eagle Lake, according to the recorded plat thereof, Washington County, Minnesota. WHEREAS, the Planning Commission has reviewed the site plan and variance 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 approve the site plan and variance for Centex homes for "Clearwater Crossing" development, subject to the following conditions: 1. A site plan is approved to allow 122 townhomes and three outlots, in accordance with the plans and application received by the City on March 18, 2002, except as amended by this resolution. 2. A variance is granted to allow five, 10 -unit townhome buildings where 8 -unit buildings are permitted. The variance is granted based on the following findings: a. Townhomes and apartments are a permitted use in the R-5 zoning district. The variance is simply required to allow five, 10 -unit townhome condominium buildings where the ordinance limits townhome buildings to a maximum of 8 units per building. The variance is from the townhome performance standards, and not the R-5 district standards. The size and massing of the 10 -unit townhome buildings would be smaller than the permitted apartment building. b. Strict enforcement of the ordinance would cause undue hardship because it would limit the applicant's ability to provide a reasonable transition between potentially incompatible land uses and still provide environmental protection. The variance would allow the developer to provide a transition in building mass and scale from the industrial property on the east to the single family zoning on the west. The variance would also allow the developer to preserve trees and wetlands on the west side of the property where smaller buildings are currently proposed. c. Granting the variance would be consistent with the spirit and intent of the ordinance and the R-5 district standards, which allow both townhomes and apartments. The 10 -unit buildings would be consistent with other uses that are allowed in the R-5 district. The variance would allow a mixture of 4-, 8- and 10 - unit buildings within this development.