HomeMy WebLinkAbout2024.08.19 RESO 2024-35 Apartment Variance RESOLUTION 2024-35
APPROVING A VARIANCE FOR HW1, LLC, C/O SUMMIT MANAGEMENT,
LLC, FOR AN APARTMENT BUILDING ON THE PROPERTY LOCATED
SOUTH OF ROSEMARY WAY AND WEST OF EVERTON AVENUE
WHEREAS, HW1, LLC, c/o Summit Management, LLC, has requested approval of a
variance to allow an apartment building to be 39 feet, where 35 feet is required by
ordinance on the property legally described as;
OUTLOT B, Frenchman Place 2nd Addition
WHEREAS, the Planning Commission has reviewed said variance at a duly called a
public hearing on August 8, 2024, 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 HW1, LLC, c/o Summit Management, LLC to allow an apartment building
to be 39 feet, 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 allows
apartments with approval of a site plan and conditional use permit. The applicant is
requesting to use the property in a reasonable manner.
3. The property is approximately 13 acres, with 8.9 buildable. The zoning district allows
apartment development up to 10 units per buildable acre. The property is unique in
that the location of the apartments is adjacent to commercially zoned property which
allows a building height of 35 feet. The impact of the building being taller than what
is allowed by ordinance is minimized because of the location of the building and its
proximity to the commercial zoned property.
4. There are three easements on the site that bisect the property as well as wetlands.
These property constraints are unique in that there is a limited amount contiguous
property to develop to meet the allowed density of 10 units per acre. A three story
building compacts the foot print to allow the density.
5. The site is located between a shopping center, apartments, and townhomes. The City
Multi-Family Design Guidelines have specific design requirements for multi-family
buildings. The applicant has a good start in meeting the intent of the design
guidelines. The residential zoning districts adjacent to the property allows building to
be 35 feet in height. Rosemary Apartments received approval of a similar variance
request. Allowing an additional 4 feet to improve the design will not change the
essential character of the neighborhood.
Resolution 2024-35
Page 2
6. If the variance is not granted, the building design would change significantly and
would likely result in a compact pitch roof that would be architecturally unattractive.
The apartment building is compatible 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 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. The applicant has applied for 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 19th day of August, 2024 -
om Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk