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RESOLUTION 2019-35 <br /> <br />APPROVING A VARIANCE FOR TPP, LLC, C/O SUMMIT MANAGEMENT, <br />LLC, FOR AN APARTMENT BUILDING ON THE PROPERTY LOCATED <br />EAST OF HIGHWAY 61 AND SOUTH OF 152ND STREET NORTH <br /> <br />WHEREAS, TPP, LLC, c/o Summit Management, LLC, has requested approval of a <br />variance to allow an apartment building to be 39 feet, where 35 feet is required by <br />ordinance on the property legally described as; <br /> <br />See Attached <br /> <br />WHEREAS, the Planning Commission has reviewed said variance at a duly called a <br />public hearing on October 27, 2022, and recommends approval subject to the findings <br />listed in this resolution. <br /> <br />NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF <br />THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the <br />variance for TPP, LLC, c/o Summit Management, LLC to allow an apartment building to <br />be 39 feet, where 35 feet is required by ordinance with the following findings: <br /> <br />1. The proposed variance is permissible by law. <br /> <br />2. The applicant is requesting to construct a three-story apartment with a pitched roof. <br />The architecture of the building is consistent with the Multi-Family Design <br />Guidelines and other townhomes developments in the City. The zoning district allows <br />apartments with approval of a site plan and conditional use permit. <br /> <br />3. The applicant is requesting to use the property in a reasonable manner. <br /> <br />4. The property is 7 acres. The zoning district allows apartment development up to 10 <br />units per acre. The property is unique in that the location of the apartments is adjacent <br />to industrial zoned property which allows a building height of 50 feet. The impact of <br />the building being taller than what is allowed by ordinance is minimized because of <br />the location of the building and its proximity to the industrial zoned property. <br /> <br />5. The site is located between and industrial park, manufactured home community and, <br />townhome development. The apartment building is compatible the surrounding <br />development, and will not alter the character of the area. <br /> <br />6. There are practical difficulties in meeting the zoning requirement. <br /> <br />7. The spirit and intent of the ordinance is to allow a certain building height without <br />adversely impacting the character of established areas and ensuring the building is <br />consistent with the surrounding development. The height of the building will not <br />adversely impact the character of the area and will be consistent with the surrounding <br />development. The granting of the variance will keep with the spirit and intent of the <br />ordinance.