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RESOLUTION 201447 <br />APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A HOUSE AND <br />SEPTIC SYSTEM WITHIN THE SHORELAND SETBACK REQUIREMENT OF <br />SUNSET LAKE FOR THE PROPERTY GENERALLY LOCATED NORTH OF <br />122ND STREET AND EAST OF INGERSOLL AVENUE <br />WHEREAS, Gordon and Kathleen Gilde, have requested variances to construct a house 57 <br />feet from the ordinary high water (OHW) mark of Sunset Lake, where 100 feet is required <br />by ordinance, and a septic system to be 50 feet from on the property the ordinary high water <br />(OHW) mark of Sunset Lake, where 75 feet is required by ordinance, legally described as: <br />(See attached) <br />WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance <br />requests at a duly called public hearing and recommended approval, and; <br />NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance <br />requests to construct a house 57 feet from the ordinary high water (OHW) mark of Sunset <br />Lake, where 100 feet is required by ordinance, and a septic system to be 50 feet from the <br />ordinary high water (OHW) mark of Sunset Lake, where 75 feet is required by ordinance, <br />with the following findings: <br />1. The requested variance is from the setback requirement of the ordinance and is <br />permissible by law. <br />2. Because of circumstances unique to the property, there are practical difficulties on <br />meeting the ordinance. <br />3. The applicant is proposing to use the property in a reasonable manner and <br />construction of a house and septic system is allowed in the Rural Residential <br />District. <br />4. The proposed variance would not noticeably alter the character of the area. <br />5. The granting of the variance would be in keeping with the spirit and intent of the <br />ordinance. <br />6. Houses and septic systems are a permitted use in the Rural Residential District. <br />7. The variance will not alter that floodplain. <br />8. The subject property will be served by individual well and septic systems. <br />9. The proposed building and septic system shall meet all zoning and shoreland <br />requirements in the City Code. <br />