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CITY OF HUGO <br />WASHINGTON COUNTY, MINNESOTA <br />RESOLUTION 2001- 45 <br />APPROVING FRONT YARD SETBACK VARIANCE FOR MARK AND JENNIFER <br />KOLL FOR PROPERTY LOCATED AT 4940 -128TH STREET <br />WHEREAS, an application has been filed by Mark and Jennifer Koll that requests <br />approval of a front yard setback variance for a front porch addition on property located at <br />4940-128'' Street, as legally described as follows: <br />Lot S, Block 4, Woods of Bald Eagle Lake, Washington County, Minnesota <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 />variance for Mark and Jennifer Koll on property located at 4940-128'` Street, subject to <br />the following conditions: <br />1. A 28 -foot front yard setback variance is approved for an approximately 6 -foot x <br />41 -foot porch addition in accordance with the application and survey dated July <br />31, 2001. <br />2. A building permit shall be required prior to constructing the addition. <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 <br />and is permissible by law. <br />b) The strict enforcement of the ordinance would cause undue hardship because <br />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 home <br />currently under construction on the property, and for the fact that the property <br />is a corner lot. Comer lots typically have less "buildable" area because of the <br />two front yard setbacks. <br />Further, the draft ordinance currently under consideration by the Planning <br />Commission would allow a four -foot front yard encroachment for porches. It <br />is common for zoning ordinances to permit encroachments for such things as <br />bay windows, porches, decks, stoops, stairs, etc. In fact, prior to the ordinance <br />