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RESOLUTION 2002- 36 <br />APPROVING FRONT YARD SETBACK VARIANCE FOR CONSTRUCTION OF <br />A FENCE FOR ON PROPERTY LOCATED AT 4868129' STREET NORTH <br />WHEREAS, an application has been filed by Craig and Sharon Radebaugh that requests <br />approval of a variance to permit a privacy fence in a front yard on property located at <br />4868 129h Street North, as legally described as follows: <br />Lot 14, Block 5, Woods of Bald Eagle Lake <br />WHEREAS, the Board of Zoning Appeals and Adjustments has reviewed said variance at <br />a duly called public meeting and recommends approval of the variance. <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 />variances for Craig and Sharon Radebaugh on property located at 4868 129` Street <br />North, subject to the following conditions: <br />1. A variance is approved to allow a six-foot high privacy fence in a the front yard in <br />accordance with the application dated July 1, 2002. <br />2. The applicant shall enter into an encroachment agreement to allow the fence <br />within the drainage and utility easement. <br />3. The applicant shall provide a 3 to 4 inch gap between the bottom of the fence and <br />the ground for that portion of the fence that runs along the north property line. <br />4. The variances is approved based on the following findings: <br />a. The variance as requested is permissible by law. <br />The requested variance is from the dimensional requirements of the ordinance and <br />is permissible by law. <br />b. The strict enforcement of the ordinance would cause undue hardship <br />because of circumstances unique to the individual property not caused by the land <br />owner. <br />The hardship is unique to the property because the property is a corner lot. <br />Further, the detached townhomes to the north face 130x` Street. As such, the fence <br />would align with the rear yards of these homes. <br />C. The granting of the variance would be in keeping with the spirit and intent <br />of the ordinance. <br />The proposed privacy fence would be in keeping with the spirit and intent of the <br />ordinance, because the fence would be located in the rear yard of the home. <br />d. The property can not be put to reasonable use without the granting of the <br />variance. <br />