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�V <br />RESOLUTION 2009-31 <br />APPROVING FINDINGS OF FACT DENYING A REQUEST FOR A <br />CONDITIONAL USE PERMIT FOR BENJAMIN CARTER FOR AN <br />ACCESSORY BUILDING UP TO 125% OF THE PERMITTED SIZE IN THE <br />SINGLE FAMILY DETACHED RESIDENTIAL ZONING DISTRICT ON <br />PROPERTY LOCATED AT 6128 GOODVIEW TRAIL CIRCLE NORTH <br />WHEREAS, Benjamin Carter has requested approval of a conditional use permit to allow <br />the construction of a 325 square foot accessory building on property located at 6128 <br />Goodview Trail Circle North. <br />WHEREAS, the R-3 zoning district allows for the construction of an accessory building <br />with the maximum size of 260 square feet. <br />WHEREAS, the property is legally described as: <br />Lot 10, Block 2, Oneka Ponds <br />WHEREAS, the Planning Commission has reviewed said conditional use permit at a duly <br />called public hearing on August 13, 2009, and recommended approval. <br />WHEREAS, the City Council at its meeting on September 8, 2009 received the Planning <br />Commission's recommendation and received input from the applicant. <br />NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF <br />THE CITY OF HUGO, MINNESOTA, that it should and hereby does deny the <br />conditional use permit request of Benjamin Carter for the construction of a 325 square <br />foot accessory building on property located at 6128 Goodview Trail Circle North based <br />on the following findings: <br />1. The spirit and intent of the ordinance is to limit the size and minimize the <br />appearance of the accessory buildings in the R-3 zoning district. The <br />maximum size of accessory buildings in this district allows for reasonable <br />use of the property. <br />2. The oversized accessory building does not fit with the general character of <br />the area. The properties in the area do not have accessory buildings of that <br />size and allowing the oversized building would change the overall <br />character of the area. <br />3. The accessory building is proposed in a location that is close to an <br />adjacent property line where it will be easily seen by the neighbor. There <br />were no methods of screening or buffering proposed by the property <br />owner. <br />