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HomeMy WebLinkAbout2022.10.03 RESO 2022 - 63 Premier Bank Variance for Drive-Through RESOLUTION 2022-63 APPROVING A VARIANCE FROM THE DRIVE-THROUGH BUSINESS MAIN ENTRANCE LOCATION REQUIREMENT FOR PROPERTY LOCATED AT 5616 147'h STREET NORTH WHEREAS, Premier Bank has requested approval of a variance to allow the proposed drive-through business main access onto Flay Avenue North, a local street, where access to a state highway, county road, or city commercial collector street is required by City ordinance, on property legally described as follows: See Attached WHEREAS, the Planning Commission has reviewed said variance at a duly called public hearing on September 22, 2022, and recommends approval with the following findings and conditions: 1. The proposed facilities shall be in adherence to the site plan dated September 9, 2022 2. The proposed variance is permissible by law. 3. Traffic engineering concerns arise when the access point is located on 147"' Street North, a city commercial collector street, due to its proximity to Highway 61 and conflicts with the turn lanes. The proposed location is the best in terms of traffic engineering and minimizing the possibility of vehicle collisions. It is anticipated that the properties within the district will eventually be developed as commercial businesses and rezoned to C-1. The drive-through access point location requested is a reasonable use. 4. The property has few practical options for the location of an access point. Due to the Washington County Regional Rail Authority's (Hardwood Creek Trail) owned right-of-way between the property and Highway 61, there is not an option for an access point onto the state highway. Traffic engineering concerns arise when the access point is located on 147a' Street North, a city commercial collector street, due to its proximity to Highway 61 and conflicts with the turn lanes. Additionally, an access point located on 147 h Street N would require a change of the site and building orientation such that the drive-through and speaker would be facing toward the existing residential property. The request for the variance is due to unique circumstances not created by the landowner 5. The neighborhood is zoned as Future Central Business (FCB) meaning that non- commercial uses are allowed, however it is anticipated that the properties within the district will eventually be developed as commercial businesses and rezoned to C-1. A drive-through business with its access point onto Flay Avenue North would be within the character of an eventual central business district. The other corners of Highway 61 and 147 b Street are occupied by commercial uses. It is in staffs opinion that the proposed access point location will not alter the essential character of the neighborhood. 6. There are practical difficulties in meeting the ordinance standards. Resolution 2022-63 Page 2 7. The spirit and intent of the ordinance is to ensure that drive-through businesses that generate respective vehicle traffic are not placing the burden of such traffic onto public streets that are not equipped to handle a high volume of vehicles. However, the neighborhood is expected to be developed with commercial uses consistent with the downtown plan. This area is expected to be developed with commercial uses consistent with the downtown plan. The location of the access point meets the spirit and intent of the code and Comprehensive Plan. 8. The use is allowed in the C-1 zoning district. 9. The property is not located within a floodplain area. 10. The property is served by City sewer and water. 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 to allow the proposed drive-through business main access onto Flay Avenue North, a local street, where access to a state highway, county road, or city commercial collector street is required by City ordinance. ADOPTED by the City Council this Yd day of October, 2022. om Weidt, Mayor ATTEST: Michele Lindau, City Clerk Legal Description for property located at 5616 147th Street North, Hugo, MN 55038: Granger's Addition Lot 5 Subdivision CD 35278,Washington County, Minnesota.