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