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RESOLUTION 2007-34 <br />APPROVING A PROPERTY LINE ADJUSTMENT AND VARIANCE FOR <br />JOSEPH AND MARCIA WOLKERSTORFER FOR PROPERTIES LOCATED <br />AT 16730 JEFFREY AVENUE NORTH <br />WHEREAS, an application has been filed by Joseph and Marcia Wolkerstorfer that <br />requests approval of a property line adjustment and variance for properties located 16730 <br />Jeffrey Avenue North; <br />WHEREAS, the requested variance is from the lot size requirements; <br />WHEREAS, the proposed lot line adjustment would result in four parcels described as <br />follows: <br />(See Attached) <br />WHEREAS, the City Council has fully considered the request for the property line <br />adjustment and variances. <br />WHEREAS, the Planning Commission considered this request at a public hearing and <br />recommend approval of the property line adjustment and variances. <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 />property line adjustment and variance for Joseph and Marica Wolkerstorfer, subject to the <br />following conditions: <br />1. A variance from the Agricultural lot width and size is approved in accordance <br />with the following findings: <br />a) The requested variance is permissible by law. <br />b) The size, shape, access, and location of the current parcels are unique <br />characteristics of the property. The owner does not have the ability to build <br />on the parcels separately the way they are now. The property line <br />adjustment will make the new parcels better suited for building sites. This <br />unique circumstance causes undue hardship for the individual properties <br />not caused by the land owners. <br />c) The spirit and intent of the ordinance is to provide requirements for lot <br />dimensions in the agricultural zoning district. The properties do not <br />currently meet the requirements and the property owner is eliminating one <br />of the nonconforming lots in the process with the property line adjustment. <br />Staff feels the property line adjustment meets the spirit and intent of the <br />ordinance. <br />