HomeMy WebLinkAbout2008.05.05 RESO 2008-0015RESOLUTION 2008-15
APPROVING VARIANCE FOR PRATT DEVELOPMENT INC. FOR LOT 1
BLOCK 1 OF FRENCHMAN PLACE 1ST ADDITION LOCATED WEST OF
EVERTON AVENUE NORTH GENERALLY NORTH OF FRENCHMAN ROAD
(COUNTY ROAD 8)
WHEREAS, Pratt Development Inc. has requested a variance from Section 1175-140.1
Subd. 14(a) of the Zoning Ordinance, to allow the parking area to encroach 5 -feet into the
required 10 -foot landscape yard from the right-of-way line for Everton Avenue on
property, legally described as follows:
Lot 1, Block 1, Frenchman Place 1st Addition
WHEREAS, the Planning Commission has reviewed the request 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 support the request
by Pratt Development Inc. for the requested variance to allow the parking area for the
office/medical facility to encroach 5 -feet into the required 10 -foot landscape yard from
the right-of-way line for Everton Avenue for the subject property, based on the finding
that the request meets the variance standards outlined in Section 1015-090 of the
Ordinance. Specifically:
1. The variance request from the Zoning Ordinance dimensional requirements is
permissible by law.
2. The strict enforcement of the ordinance would cause undue hardship because of
circumstances unique to the individual property not caused by the landowner. The
landowner is required by the City to dedicate additional right-of-way for Everton
Avenue as part of this project. The additional right-of-way is required in order
provide access to the site for development. The additional right-of-way limits the
developable portion of the site and size of the landscape yard. The wetlands on the
site also limit where the building and parking areas can be placed.
3. The need for the variance is caused in part by a conflict in the Zoning Ordinance.
Section 1195-530.1 Subd. 4(p) of the Zoning Ordinance requires parking areas to be
5 feet away from all property lines, while Section requires a 10 -foot perimeter
landscape in the same location, where abutting a public street. This by default creates
a 10 -foot parking setback because parking areas are not allowed in the landscape
yard. The granting of the variance would be in keeping with the spirit and intent of
the ordinance because the 5 -foot required parking setback would still be met.
4. It would be difficult to build a similar office/medical facility use on this site without
granting a variance or impacting more wetland areas.
Resolution 2008-15
Page 2
5. The granting of the variance would not alter the character of the commercial corridor
in which the site is located. The majority of the surrounding commercial
developments have a 5 -foot landscape yard/parking setback from public streets.
6. The variance will allow the development of an office/medical facility, which is a
permitted use in the C-2 district.
7. The variance would not permit a lower degree of flood protection than required by
ordinance.
8. The proposed sewage treatment system and water system for the office/medical
facility site is designed to be in compliance with City and State codes.
ADOPTED by the City Council this 5th day of May, 2008.
Fran iron, Mayor
ATTEST:
Michele Lindau, City Clerk