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RESOLUTION 2011-37 <br />APPROVING A VARIANCE TO ALLOW A DECK TO BE 5 FEET FORM THE SIDE <br />PROERTY LINE FOR THE PROPERTY LOCATED AT 15850 FINLEY AVENUE <br />NORTH <br />WHEREAS, Bruce and Lynne Blomquist have requested a variance to construct a portion of a <br />deck to 5 feet from the side property line, where 10 feet is required by ordinance, on property <br />described as follows: <br />Lot 9, Block 3, Creekview Preserve 2°d Addition <br />WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance at a duly <br />called public meeting and recommended approval, and; <br />NOW, THEREFORE, BE IT HEREBY RESOLVED BY TAE CITY COUNCIL OF THE <br />CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance request <br />construct a portion of a deck to 5 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 regulations <br />because of circumstances unique to the individual property not caused by the land owner. <br />3. The property owner proposes to use the property in a reasonable manner not permitted by <br />the zoning ordinance <br />4. The granting of the variance would be in keeping with the spirit and intent of the <br />ordinance. <br />5. The proposed variance would not noticeably alter the character to the average person. <br />6. Accessory structures are a permitted use in the R-3 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 approved for the portion of the deck that was not <br />approved with the previous building permit. <br />ADOPTED by the City Council this 7h day of November, 2011. <br />AZ�LY <br />tiaif%dn, Nrayor <br />ATTEST: <br />``—� <br />Michele Lindau, City Clerk <br />