2024.08.19 RESO 2024-35 Apartment Variance

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RESOLUTION 2024-35 APPROVING A VARIANCE FOR HW1, LLC, C/O SUMMIT MANAGEMENT, LLC, FOR AN APARTMENT BUILDING ON THE PROPERTY LOCATED SOUTH OF ROSEMARY WAY AND WEST OF EVERTON AVENUE WHEREAS, HW1, LLC, c/o Summit Management, LLC, has requested approval of a variance to allow an apartment building to be 39 feet, where 35 feet is required by ordinance on the property legally described as; OUTLOT B, Frenchman Place 2nd Addition WHEREAS, the Planning Commission has reviewed said variance at a duly called a public hearing on August 8, 2024, and recommends approval subject to the findings listed in this resolution. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance for HW1, LLC, c/o Summit Management, LLC to allow an apartment building to be 39 feet, where 35 feet is required by ordinance with the following findings: 1. The proposed variance is permissible by law. 2. The applicant is requesting to construct a three-story apartment with a pitched roof. The architecture of the building is consistent with the Multi-Family Design Guidelines and other townhomes developments in the City. The zoning district allows apartments with approval of a site plan and conditional use permit. The applicant is requesting to use the property in a reasonable manner. 3. The property is approximately 13 acres, with 8.9 buildable. The zoning district allows apartment development up to 10 units per buildable acre. The property is unique in that the location of the apartments is adjacent to commercially zoned property which allows a building height of 35 feet. The impact of the building being taller than what is allowed by ordinance is minimized because of the location of the building and its proximity to the commercial zoned property. 4. There are three easements on the site that bisect the property as well as wetlands. These property constraints are unique in that there is a limited amount contiguous property to develop to meet the allowed density of 10 units per acre. A three story building compacts the foot print to allow the density. 5. The site is located between a shopping center, apartments, and townhomes. The City Multi-Family Design Guidelines have specific design requirements for multi-family buildings. The applicant has a good start in meeting the intent of the design guidelines. The residential zoning districts adjacent to the property allows building to be 35 feet in height. Rosemary Apartments received approval of a similar variance request. Allowing an additional 4 feet to improve the design will not change the essential character of the neighborhood.