2015.02.02 RESO 2015-08 - Laserfiche WebLink

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RESOLUTION 2015-8 APPROVING A VARIANCE FROM THE FRONT YARD SETBACK REQUIREMENTS IN THE CENTRAL BUSINESS (C-1) ZONING DISTRICT FOR O'REILLY AUTO ENTERPRISES, LLC, ON THE PROPERTY LOCATED AT 14777 FOREST BOULEVARD NORTH WHEREAS, O'Reilly Auto Enterprises, LLC, has requested approval of a variance to allow a building to be 2 feet from the front property line along 147`1' Street, where 10 feet is required by ordinance for the property legally described as follows: SEE ATTACHED WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval and; NOW, THEREFORE, BE IT HEREBY RESOVLED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by O'Reilly Auto Enterprises, LLC, for a variance to allow a building to be 2 feet from the front property line along 147t1' Street, where 10 feet is required by ordinance based on the following findings: 1. The proposed variance is permissible bylaw, 2. The property is within the Central Business (C-1) zoning district in an area guided by the downtown plan and design guidelines. Although the required front yard setback is 10 feet from the property line, the guidelines encourage zero lot line setbacks and buildings anchor the corner of key intersections. The applicant has tried to accomplish the intent of the design guidelines by placing the building at the corner, this has resulted in the front yard variance request. The applicant has established practical difficulties in complying with the front yard setback regulations. The spirit and intent of the ordinance is to provide a reasonable amount of space between the property line and building. There will be grass area between the building and the property lines. Chapter 4 of the Comprehensive Plan includes the downtown plan and design guidelines. There are sections in the design guidelines encouraging buildings to be oriented towards the street and to anchor the corner. The variance request meets the spirit and intent of the ordinance and policies in the Comprehensive Plan, 4. The retail use is allowed in the Central Business (C-1) zoning district. 5. The property is not located within a FEMA designated floodplain. 6. The property is served by municipal sewer and water.