2001.05.07 RESO 2001-0014 - Laserfiche WebLink

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RESOLUTION 2001-14 APPROVING SIDE YARD SETBACK VARIANCE FOR JOHN AND ROBYN UDSTUEN FOR PROPERTY LOCATED AT 15190 EVERTON AVENUE NORTH WHEREAS, an application has been filed by John and Robyn Udstuen that requests approval of a side yard setback variance for a 1,200 square foot pole building on property located at 15190 Everton Avenue North, as legally described as follows: The south 330.72 feet of the north half of the southeast quarter of the southwest quarter, according to U.S. Government Properotional Methods, of section 18, Township 31N, Range 21 W, Washington County, Minnesota. WHEREAS, the Boad 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 John and Robyn Udstuen on property located at 15190 Everton Avenue, subject to the following conditions: 1. A 20 -foot side yard setback varinance is approved for an approximately 1,200 square foot building in accordance with the application dated April 12, 2001. 2. A building permit shall be required prior to constructing the building. 3. The variance 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 landowner. The hardship is unique to the property because of the location of the existing home and septic system. The location of these improvements limit the area in which to construct the accessory building. The applicant constructed the existing home approximately 159 feet from the north property line with plans to construct an accessory building between the home and the north property line. At the time the applicant constructed the existing home, the side yard setback was 20 feet. In July of 1999, the City increased the side yard setback from 20 feet to 40 feet. Therefore, the hardship was not caused by the landowner; but rather, a change in the setback requirement.