HomeMy WebLinkAbout2019.09.03 RESO 2019-35 Variance for Apts on Rosemary WayRESOLUTION 2019-35
APPROVING A VARIANCE FOR MWF PROPERTIES FOR AN APARTMENT
BUILDING ON THE PROPERTY LOCATED NORTH OF ROSEMARY WAY
AND WEST OF EVERTON AVENUE NORTH
WHEREAS, MWF Properties, has requested approval of a variance to allow an
apartment building to be 45 feet and 7 inches, where 35 feet is required by ordinance on
the property legally described as;
Outlot B, Frenchman Place
WHEREAS, the Board of Zoning and Adjustments has reviewed said variance at a duly
called a public hearing on August 22, 2019, 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 MWF Properties to allow an apartment building to be 45 feet and 7 inches,
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
allowed apartments with approval of a site plan and conditional use permit, which
was approved by the City on April 15, 2019.
3. The 18 acre property has several wetlands creating approximately 4.5 buildable
acres. The zoning district allows apartment development up to 10 units per acre.
The site plan and general architecture has been approved by the City Council. The
property is unique in that the location of the buildable area and largest area to
build is central to the site. The building will be located over 200 feet away from
the street and nearby homes. The impact of the building being 10 feet taller than
what is allowed by ordinance is minimized because of the location of the building
and its proximity to the road and other residential development.
4. The City's Comprehensive Plan guides the land use for the site as Medium
Density Residential (MD). The site is located between a commercial area, large
lot residential, and a townhome development. The property is part of the
Frenchman Place development that was master planned in 2008. There are several
lots in the development that were proposed to be a combination of institutional,
residential, and commercial uses.
5. The building is also centrally located within the site and will not overshadow
existing buildings and will not noticeably impact the surrounding development.
Unlike other residential developments, the building is further away from adjacent
Resolution 2019-35
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properties and roads. The building is approximately 200 feet from Rosemary Way
and approximately 250 feet away from the nearest townhome to the west.
6. The City Multi -Family Design Guidelines have specific design requirements for
multi -family buildings. The applicant has done a good job complying with the
design guidelines and the proposed building is attractive and blends in with the
surrounding area. If the variance is not granted, the building design would change
significantly and would likely result in a flat roof building. The residential
developments in this area all have pitched roofs and staff recommends the
proposed building have a pitch roof to be consistent with the other residential
developments in the area. The apartment building is compatible with the master
plan, the surrounding development, and will not alter the character of the area.
7. The spirit and intent of the ordinance is to allow a certain building height without
adversely impacting the character of established areas and ensuring the building is
consistent with the surrounding development. The building is centrally located
within the site, further away from adjacent properties and roads than most other
developments, and will not overshadow existing buildings. The height of the
building will not adversely impact the character of the area and will be consistent
with the surrounding development. The granting of the variance will keep with
the spirit and intent of the ordinance.
8. An apartment is allowed in the Medium Density Multiple Family Residential (R-
5) district with approval of a conditional use permit.
9. The property is not located within a floodplain designated by FEMA.
10. The property is served with municipal sewer and water.
ADOPTED by the City Council this 3rd day of September 19. /
om Weidt, Mayor
ATTEST:
1
Michele Lindau, City Clerk