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CITY OF HUGO <br />WASHINGTON COUNTY, MINNESOTA <br />RESOLUTION 2001- 20 <br />APPROVING SIDE YARD SETBACK VARIANCE FOR CONSTRUCTION OF A <br />DECK FOR MATT RHUDE AND MARY JO LEHMANN FOR PROPERTY <br />LOCATED AT 5383 -129TH STREET NORTH <br />WHEREAS, an application has been filed by Matt Rhude and Mary Jo Lehmann that <br />requests approval of a side yard setback variance for the construction of a deck on <br />property located at 5383-129' Street North, as legally described as follows: <br />Insert Legal Description. <br />WHEREAS, the Boad 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 />requested variances for Matt Rhude and Mary Jo Lehmann on property located at 5383- <br />129t' Street N. subject to the following conditions: <br />1. A 5 -foot side yard setback varinance is approved to construc an approximately 5 - <br />foot x 15 -foot deck in accordance with the application and plans dated May 11, <br />2001. <br />2. A building permit shall be required prior to constructing the deck. <br />3. The variance 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 of the location of the existing <br />home and sliding glass door. The home was constructed 12 feet from the east <br />