2006.10.02 RESO 2006-0056 - Laserfiche WebLink

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RESOLUTION 2006 - 56 APPROVING VARIANCE FINDINGS OF FACT AND PRELIMINARY PLAT FOR JIM KELLISON, FOR "KELLISON ADDITION" FOR THE PROPERTY LOCATED NORTHEAST QUADRANT OF 129TH STREET NORTH AND ELMCREST AVENUE WHEREAS, Jim Kellison has requested approval of preliminary plat and variance to allow for the division of a 4.9 acre parcel into 3 lots on property legally described as follows: See Attached WHEREAS, the Planning Commission has reviewed the preliminary plat and variance at a duly called Public Hearing and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by Jim Kellison for a preliminary plat and variance, subject to the following conditions: 1. A preliminary plat is approved to allow the creation 3 lots on 4.9 acres, in accordance with the plans and application received by the City on August 24th, 2006, except as amended by this resolution. 2. A variance is approved to allow for the 19 foot rear yard set back on the existing building instead of the required 30 feet in accordance with the following findings: a) The requested variance permissible by law. b) The hardship is unique to the property because the property currently is developed with an existing building and is proposed to be developed into 3 lots. The existing building is remaining on the property and when the lots are divided the rear property line will not have the required 30 foot setback. If the variance is not granted the project may not be feasible. c) The variance complies with the spirit and intent of the ordinance d) Considering the dimensions of the existing building and the proposed lot, if the variance is not approved, the site may not be able to develop. e) The variance on the property will be consistent with the character of the surrounding area. f) The variance will not have the effect of allowing a use prohibited in the district. g) The variance will not permit a lower degree of flood protection than required.