1972-4877r%~ ..
RESOLUTION NO.4~77
RESOLUTION RELATING TO REQUEST FOR
SETBACK VARIANCE AT HUB SHO~'PTNG
CENTER
BE IT RESOLVED By the City Council of the City of Richfield,
Minnesota, as follows:
The council herewith finds and determines:
1. National Food Stores, Inc., has made application for a
variance from the front yard setback established by buildings
already located within the Hub Shopping Center. This request is
being made to permit the applicant to locate a new building, to
be used initially as a grocery supermarket, within the established
setback area of the shopping center as it faces West 66th Street.
A sketch showing the location of the proposed building in relation
to the existing buildings at the Hub Shopping Center and in
relation to Pillsbury Avenue and West 66th Street was supplied by
-the applicant.
2. Section 3.40, Subdivision 6, of the ordinance code of 'the
city sets forth the findings which the council must make in order
to grant a variance from the provisions of the city's zoning
ordinance. Minn. Stat. Section 462.357, Subdivision 6, paragraph
(2}, permits the council, in its discretion, to grant variances
from the literal provisions of the zoning ordinance where the
strict enforcement would cause undue hardship because of circum-
stances unique to the individual property under consideration, but
only when it is demonstrated that such action would be in keeping
with the spirit and intent of the ordinance.
3. The proposed building would be located in an area which
the Hub Shopping Center has from the beginning, designated and
used as a parking area and as a location for access to and from
Pillsbury Avenue. The location of a building in the proposed
location would have a~substantial adverse affect upon the adequacy.
and usability of the parking facilities of the Hub Shopping Center
and wciuld create or would be likely to create safety hazards at
and in -the immediate vicinity of the Hub Shopping Center.
4. It has not been made to appear to the satisfaction of the
council that there are special circumstances or conditions affecting
the Hub Shopping,Center ar-the building or use referred to in the
application, not common to other property in this or similar
districts, which would justify the granting of the variance in this
case.
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5. It has not been made to appear that the granting of the
application is necessary for the preservation and enjoyment of
substantial property rights.
6. The granting of an application would materially and
adversely affect the health and safety of persons residing or
worYi-nq in the neighborhood of the proposed building.
7. The location of the proposed building wauld be materially
detri-mental to the public ~oelfare and injurious to property or
improvements in the neighborhood.
8. ~1'he council is unable to find that the facts and circum-
stances related to the application are such as to justify the
granting of the variance applied for, when viewed in the light of
the standards which the council is required to apply to an
application.
9. The application for the variance is therefore denied>
Passed by the City Council of the City of Richfield this 13th day o:E
November, 1972.
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~ Lo en 1,. Law riayor
t\ .L .L.L'i S r~ e -
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Thomas J. Mor~ari City Cleric
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