2002.06.17 RESO 2002-0025 - Laserfiche WebLink

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RESOLUTION 2002- 25 APPROVING SIDE YARD SETBACK VARIANCE FOR CONSTRUCTION OF A DECK FOR CARRIE DORDING ON PROPERTY LOCATED AT 13921 FOUNTAIN AVENUE NORTH WHEREAS, an application has been filed by Carrie Dording that requests approval of a variance to permit a deck five feet from the side lot line on property located at 13921 Fountain Avenue North, as legally described as follows: Lot 4, Block 1, Francine's Meadows. WHEREAS, the Board of Zoning Appeals and Adjustments has reviewed said variance at a duly called public meeting and recommends approval of the variance. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance for Carrie Dording on property located at 13921 fountain Avenue North, subject to the following conditions: 1. A variance is approved to allow a 12 -foot x 36 -foot deck five feet from the side lot line in accordance with the application dated May 21, 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 17 feet from the north 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. The footings for the deck would be located two feet outside of the five- foot drainage and utility easement. The deck itself would cantilever up to the easement and would not obstruct drainage. d) The property can not be put to reasonable use without the granting of the variance.