DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
Title
GRANTING A 30-FOOT VARIANCE TO THE 30-FOOT PARKING/DRIVEWAY SETBACK REQUIREMENT FOR A PORTION OF THE PAVED AREA OF THIS SITE ALONG SUNSET AVENUE AT 10130 SUNSET AVENUE NE. FRANCOIS ZONGO (KINGDOM BAKING). (CASE FILE NO. 15-0050/LSJ)
Schedule of Actions
|
City Council (Variances) |
03/03/16 |
|
City Council (Variance Extensions) |
02/16/17 |
|
City Council (Variance) |
04/01/19 |
|
Action Deadline |
05/12/19 |
Background
There is currently a vacant gas station on the northwest corner of Sunset Avenue and 101st Lane that has been unoccupied for many years. The site is currently nonconforming in terms of setbacks, landscaping and other zoning ordinance requirements related to site development. The applicant currently owns the site and is proposing to locate a new bakery/coffee shop at this location. He is proposing to construct a new building and rehabilitate the site to make it as conforming as possible to the Zoning Ordinance. In order to make it a conforming site, the applicant applied for and received the approval of two variances in 2016 that are detailed in the staff report from 2016 below.
2016 STAFF REPORT-Please see the attached 2016 variance drawing that depicts where the variances were located on site.
The owner of Kingdom Bakery, Francois Zongo, currently has a bakery in Lino Lakes and he has purchased this site to add a second location. The bakery/coffee shop would be open on Monday-Friday from 6:00 a.m. to 5:30 p.m. and Saturday from 7:00 a.m. to 2:00 p.m. The business would be closed on Sundays. There would be 3 employees at this location.
The two variances required for the redevelopment of the site as the applicant has
proposed are as follows:
1. A 22-foot variance to the 30-foot front yard setback requirement (east)
along Sunset Avenue
2. A 19-foot variance to the 25-foot rear yard setback requirement (west)
The applicant is making an effort to pull out existing pavement, add new landscaping and renovate the building and in doing so is making the site conforming to most of the setback requirements of the zoning ordinance. You may remember that on older sites such as this, the City Council likes to work with property owners on the issuance of variances when the applicant has gone to a lot of work to make the site conforming to the ordinance. It also allows reuse and clean-up of sites that often can be an eyesore or troublesome for the community.
The Council approved the variances in 2016 with the following rationale:
1. The City has a history of working with other non-conforming sites within the City to bring them into conformance with the Zoning Ordinance when applicants or property owners are willing to make significant investments in the property to make it a community amenity. Therefore, this applicant would not be granted privileges that have not been given to others within the City.
2. The variances being granted are the minimum variances required to bring the site into conformance with the ordinances.
3. The granting of these variances would not be detrimental to the neighborhood or the Zoning Ordinance.
Current Request - At this time, the applicant is requesting a new variance in the location where a variance has already been granted. The applicant wishes to reduce the setback even further along Sunset Avenue (east side of the site) by requesting a 30-foot variance to the 30-front yard setback, essentially placing the edge of curb at the property line. He was previously granted a 22-foot variance in this location (an eight-foot setback).
The applicant has stated that he cannot afford to move the curb and he believes the extra room is needed in this area for cars and trucks to get around the building in this location. Staff is not in agreement with this rationale for the following reasons and these should be the rationale considered in denial of the proposed additional variances:
1. Staff has received communication from Anoka County Highway Department (ACHD) that indicates that additional right-of-way will likely be needed for reconstruction of Sunset Avenue in the future. The applicant had contacted ACHD as he needs a permit from them to do work within the right-of-way. Anoka County, in their response letter to the applicant, will indicate future right-of-way needs. While the City cannot require the additional right-of-way through this variance process it certainly makes it much clearer why the expanded variance should be denied. It is not in the public interest to grant a 30-foot variance in this area when it is known that there will be public investment in the road improvements in the future along Sunset Avenue.
2. Blaine City ordinance and MN State Statues dealing with variances states that economic hardships cannot be used as a rationale for granting variances.
3. The applicant will be required to move the curb onto his property as it is currently in the right-of-way. It is not feasible to leave the curb exactly where it is located, as will be indicated in Anoka County’s response letter to the applicant. Therefore, since money has to be spent to move the curb from its current location, there is no reason it cannot be moved to the location where the variance was originally granted (8-feet back of curb).
4. The drive-aisle in this location is not a critical element to the site design and circulation. With a 22-foot setback, the driveway adjacent to the drive-through can handle one-way car traffic. Box trucks have several other ways to maneuver through the site.
5. The previously approved 22-foot variance is the minimum variance required, not a 30-foot variance, as evidenced in the rationale for the variance approval in the 2016 resolution.
6. The property owner has reasonable use of his property based on the earlier variance approval of 22-feet.
Since the time of the approval in 2016, the applicant has decided to demolish the building, which is a change from the original approval. The new building is shown on the attached plans. This, however, has no bearing on the approval of a greater variance for the east side of the site. There are also some minor proposed site changes since 2016 that also have no bearing on the variance requests.
Recommendation
By motion, approve the Resolution.
Attachments
Zoning & Location Map
Proposed Site Plan
Proposed Building Plans
Variance Drawing from 2016
Letter from Applicant
Body
WHEREAS, an application has been filed by Francois Zongo (Kingdom Baking) as Case File No.15-0050; and
WHEREAS, the Blaine City Council has reviewed said case on April 1, 2019.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a 30-foot variance to the 30-foot, front yard, parking setback is hereby approved per Section 30.10 of the Zoning Ordinance based on the following rationale:
1. The City has a history of working with other non-conforming sites within the City to bring them into conformance with the Zoning Ordinance when applicants or property owners are willing to make significant investments in the property to make it a community amenity. Therefore, this applicant would not be granted privileges that have not been given to others within the City.
2. The granting of this variance would not be out of character with other commercial properties along Sunset Avenue.
PASSED by the City Council of the City of Blaine this 1st day of April, 2019.