Laserfiche WebLink
-A <br />RESOLUTION 2001- 65 <br />APPROVING SIDE YARD SETBACK VARIANCE FOR ROGER CAPAUL FOR <br />PROPERTY LOCATED AT 12173 JANERO AVENUE NORTH <br />WHEREAS, an application has been filed by Roger Capaul that requests approval of a <br />side yard setback variance for a 1,800 square foot pole building on property located at <br />12173 Janero 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 />variance for Roger Capaul on property located at 12173 Janero Avenue, subject to the <br />following conditions: <br />1. A 27 -foot side yard setback is approved for an approximately 1,800 square foot <br />building in accordance with the application dated October 9, 2001. <br />2. A building permit shall be required prior to constructing the building. <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 because of <br />circumstances unique to the individual property not caused by the landowner. <br />The hardship is unique to the property because of the location of a previous pole <br />building that was destroyed by fire. The applicant is proposing to replace the <br />building in the same location. At the time the applicant constructed the original <br />building, the side yard setback was 20 feet. In July of 1999, the City increased the <br />side yard setback from 20 feet to 40 feet. Therefore, the hardship was not caused <br />by the landowner; but rather, a change in the setback requirement. <br />c. The granting of the variance would be in keeping with the spirit and intent of the <br />ordinance. <br />It would not be possible to move the pole building due to the location of the septic <br />system drainfield. Further, as discussed above, the applicant wishes to use an <br />existing concrete slab. <br />