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RESOLUTION 2012-9 <br />APPROVING A VARIANCE TO ALLOW A DECK TO BE 7 FEET FORM THE <br />SIDE PROERTY LINE FOR THE PROPERTY LOCATED AT 4670 EMPRESS WAY <br />NORTH <br />WHEREAS, Grant Shaffer have requested a variance to construct a portion of a deck to 7 <br />feet from the side property line, where 10 feet is required by ordinance, on property described <br />as follows: <br />Lot 16, Block 5, Heritage Ponds <br />WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance at a <br />duly called public meeting and recommended approval, and; <br />NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF <br />THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance <br />request construct a portion of a deck to 7 feet from the side property line. <br />1. The requested variance is from the dimensional requirement of the ordinance and is <br />permissible by law. <br />2. There are practical difficulties in complying with the provisions of the zoning <br />regulations because of circumstances unique to the individual property not caused by <br />the land owner. <br />3. The property owner proposes to use the property in a reasonable manner not <br />permitted by the zoning ordinance <br />4. The granting of the variance would be keeping with the spirit and intent of the <br />ordinance. <br />The proposed variance would not noticeably alter the character to the average person. <br />6. Accessory structures are a permitted use in the PUD zoning district. <br />7. The subject property is not within a floodplain. <br />8. The subject property is served by municipal sewer and water <br />9. A building permit shall be issued for construction of the deck. <br />ADOPTED by the City Council this 7h day of May, 2012. c <br />ion, Nfayor <br />ATTEST: <br />Michele Lindau, City Clerk <br />