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CITY OF HUGO <br />WASHINGTON COUNTY, MINNESOTA <br />RESOLUTION 2001- 48 <br />APPROVING LAKE SETBACK VARIANCE FOR CONSTRUCTION OF A <br />SWIMMING POOL FOR STEVE AND JANINE FROGNER FOR PROPERTY <br />LOCATED AT 14091 FOUNTAIN AVENUE <br />WHEREAS, an application has been filed by Steve and Janine Frogner that requests <br />approval of a lake setback variance for the construction of a swimming pool on property <br />located at 14091 Fountain Avenue North, as legally described as follows: <br />Insert Legal Description. <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 />requested variance for Steve and Janine Frogner on property located at 14091 Fountain <br />Avenue, subject to the following conditions: <br />1. A 75 -foot side yard setback variance is approved to construction of a swimming <br />pool approximately in accordance with the application and plans dated August 13, <br />2001. <br />2. A building permit shall be required prior to constructing the swimming pool. <br />3. The variance is approved based on the following findings: <br />a. The variance as requested is permissible bylaw. <br />The requested variance is from the dimensional requirements of the ordinance and is <br />permissible by law. <br />b. The strict enforcement of the ordinance would cause undue hardship because of <br />circumstances unique to the individual property not caused by the land owner. <br />The building setback was 75 feet from Egg Lake at the time the home was <br />constructed. Since this time, the City has amended the ordinance to increase the <br />setback from 75 feet to 100 feet. As such, the reduced setback does not allow the <br />applicant to make any structural improvements in the rear yard, including the <br />construction of a pool. <br />