2002.05.20 RESO 2002-0022 - Laserfiche WebLink

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RESOLUTION 2002- 22 APPROVING SIDE YARD SETBACK VARIANCE FOR CONSTRUCTION OF A DECK FOR CHARLES AND KYLE TIMP ON PROPERTY LOCATED AT 6153 14P STREET NORTH WHEREAS, an application has been filed by Charles and Kyle Timp that requests approval of a variance to permit a deck six feet from the side lot line on property located at 6153 145" Street North, as legally described as follows: Lot 2, Block 2, Rice Lake Meadows 2nd Addition. WHEREAS, the Board of Zoning Appeals and Adjustments has reviewed said variances at a duly called public meeting and recommends approval of the variances. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variances for Charles and Kyle Timp on property located at 6153 14P Street North, subject to the following conditions: 1. A variance is approved to allow a 12 -foot x 14 -foot deck six feet from the side lot line in accordance with the application dated April 23, 2002. 2. The variances is approved based on the following findings: a) The variance as requested is permissible bylaw. The requested variance is from the dimensional requirements of the ordinance and is permissible by law. b) The strict enforcement of the ordinance would cause undue hardship because of circumstances unique to the individual property not caused by the land owner. The hardship is unique to the property because of the location of the existing home and sliding glass door. The home was constructed 18 feet from the east property line, and a sliding glass door was installed. The applicant is desirous of installing a reasonable size deck to provide egress from the home. c) The granting of the variance would be in keeping with the spirit and intent of the ordinance. A 12 X 14 foot deck would be in keeping with the spirit and intent of the ordinance. The deck would encroach four feet into the required setback and would not appear out of character with surrounding homes. d) The property cannot be put to reasonable use without the granting of the variance.