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HomeMy WebLinkAbout2009-005 Inf Sheet 1501 Freeway BoulevardApplication Filed on 7-30-09City Council Action Should BeTaken By 9-28-09 (60 Days)Planning Commission Information SheetApplication No.2009-005Applicant: Jim Irwin on Behalf of Barry Minneapolis, LLCLocation: Southwest Quadrant of Freeway Boulevard and Humboldt Avenue NorthRequest: VarianceThe applicant, Jim Irwin on behalf of Barry Minneapolis, LLC, is seeking a variance from Section 35-412, Subdivision 4 (Section 35-700 also) of the zoning ordinance requiring a 15 ft. parking setback and green strip measured from the street right-of-way line to be allowed to have an approximate 7 ½ ft. green strip along a portion of Freeway Boulevard where a 20 stall visitor parking lot and primary site entrance area will be located. As noted in the site and building plan review (Planning Commission Application No. 2009-004), the visitor parking area where the green strip variance is being sought and the primary site entrance are separated from the office, annex building and parking structure compound by a security fence and controlled access. A Visitor Screening Facility (VSF) will be operated to allow acceptable visitors to enter the secure area on the site. This design and security system is a unique feature specifically for the highly sensitive nature of the proposed FBI use. The applicant has provided a proof of parking plan showing the elimination of this visitor parking area and security features should the use of the site convert to typical office occupancy, not requiring such security measures. Such a conversion and implementation of the proof of parking plan would allow for a full 15 ft. green strip/parking setback from the Freeway Boulevard street right-of-way thus eliminating the need for the variance at that time.The reason for the tight green strip resulting in the variance request is a number of the requirements for security and safety features unique to this particular proposal. The perimeter security fence, the site access control, the 100 ft. standoff distance and building setback all make this a difficult site to layout given the security issues but are accomplished with this design. The plan itself does offer extraordinary amounts of green space and landscape opportunities, particularly along Freeway Boulevard that seem to appropriately offset the tight green strip by the visitor parking area. This parking area does not run the full length of Freeway Boulevard, which would be common in most office developments if it were not for the security issues. Variances from the literal provisions of the zoning ordinance can be granted in instances where the strict enforcement of the provisions would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. Attached for the Planning Commission’s review is a copy of Section 35-240, Subdivision 2 of the city’s zoning ordinance containing the standards for variances. It should be noted that all four of the variance standards must be met in order to grant a variance. It should be further noted that a precedent was set by the City Council in the mid-1990’s when three variances were granted from this section of the ordinance to allow encroachments into the 15 ft. green strip requirements in the area of 69th and Brooklyn Boulevard. Variances were granted at the northwest corner of Brooklyn Boulevard and 69th and also at the southwest corner of 69th and Brooklyn Boulevard for proposals by convenience store/gas stations located in that area. The variance request was implemented on the southwest corner of the site. The green strip variance was not implemented at the northwest corner of the site because the proposed development never went forward. Other green strip variances, or modifications, have been part of various Planned Unit Development (PUD) proposals in other areas of the city. The Super America at 57th and Logan was one, the commercial development including the Culver’s restaurant and Super America at the northeast corner of Brooklyn Boulevard and 69th Avenue North was another PUD modification as well as various encroachments that are comprehended and were allowed for the Luther automobile dealership redevelopments in the area of Brooklyn Boulevard and Interstate 94. This situation, although not a PUD, is very similar to those circumstances and the precedent of granting variances in other circumstances make it quite compelling that this variance should be granted in this circumstance. As mentioned previously, the proposal and design are unique to this situation and are not common generally with development within the city. The variance would not be required if the proof of parking submitted with this application is implemented with a new user on the site not requiring such security measures so the chances of not needing the green strip variance in the future are likely. The conditions upon which this variance is based are unique to this parcel of land specifically because of the security measures being taken in its design. The hardship of not granting the variance is related to the ordinance requirements and appears to be offset by the large amount of green space and landscaped areas in the immediate vicinity of where the variance would be granted. It is also believed that the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood where this development is situated. For the above stated reasons, it is believed that the standards for variance contained in the zoning ordinance are met and it should be noted that there is established precedent for the granting of similar variances in other circumstances within the city. To deny the variance would create a hardship to the applicant and would create difficulty in developing the property.A public hearing has been scheduled and notices of the variance request have been sent to surrounding property owners. RECOMMENDATIONBased on the precedent established by the granting of similar variance requests and the fact that it is believed that the standards for variance contained in Section 35-240, Subdivision 2 of the zoning ordinance are met, it is recommended that the variance under this application be recommended for approval. A condition that should be attached with this variance is that the owner of the property shall enter into a proof of parking agreement acknowledging that the total number of ordinance required parking spaces for this development and the implementation of this proof of parking without the need for the green strip variance given future use of the site as a non-security office complex.