2001.09.05 RESO 2001-0047 - Laserfiche WebLink

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RESOLUTION 200147 APPROVING SIDE YARD SETBACK VARIANCE FOR FRANCIS SATNIK FOR PROPERTY LOCATED AT 12310 JANERO AVENUE NORTH WHEREAS, an application has been filed by Francis Satnik that requests approval of a side yard setback variance for a 1,080 square foot garage on property located at 12310 Janero Avenue North, as legally described as follows: Insert Legal Description 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 Francis Satnik on property located at 12310 Janero Avenue, subject to the following conditions: 1. A 22 -foot side yard setback variance is approved for an approximately 1,080 square foot building in accordance with the application dated August 13, 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 limits the area in which to construct the accessory building. 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. c. The granting of the variance would be in keeping with the spirit and intent of the ordinance. The applicant has attempted to keep the proposed garage as far from the side lot line as possible, while still providing adequate separation from the existing home. As proposed, the garage would be 12 feet from the home.