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.0 <br />RESOLUTION 2010-39 <br />APPROVING FINDINGS OF FACT FOR VARIANCE FROM THE <br />COMMERCIAL AND INDUSTRIAL CONSTRUCITON STANDARDS FOR THE <br />PROPERTY LOCATED AT 17385 FOREST BOULEVARD NORTH <br />WHEREAS, Rick Lessard has requested a variance from the commercial and industrial <br />construction standards to build a metal storage building on property described as follows: <br />See attached <br />WHEREAS, the Planning Commission has reviewed the variance at a duly called public <br />meeting on August 12, 2010, 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 <br />variance request to Rick Lessard from the commercial and industrial construction <br />standards to build a metal storage building based on the following findings: <br />1. The request is permissible by law. <br />2. The strict enforcement of the ordinance would cause undue hardship upon the <br />landowner because it would require the construction of a permanent building that would <br />likely be demolished at the time that sewer and water is extended to the property. It is <br />anticipated that sewer and water may be available to the site within 5 —10 years. <br />3. The spirit and intent of the ordinance is to have all commercial and industrial building <br />built out of quality material. This ordinance is intended for permanent buildings. This <br />building is temporary and will be required to be removed when sewer and water is <br />available to the site. <br />4.The existing use of the property is for a contractors storage yard. The existing use is not <br />sustainable in its current format because the materials being stored outside are not secure <br />from theft. The construction of the temporary building for storage meeting the <br />construction standards is not feasible due to the construction cost. The construction of a <br />metal building will allow the property to be put to a reasonable use. The property cannot <br />be put to reasonable use without the granting of the variance. <br />5. There are pole barns in the zoning district and in the area. The building will not <br />noticeably alter the essential character of the area. <br />6.The use of a contractors operation is allowed in the C-2 zoning district with conditional <br />use permit. <br />7 The proposed building will not be located within a designated floodplain. <br />