2001.11.05 RESO 2001-0067 - Laserfiche WebLink

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RESOLUTION 2001- 67 APPROVING VARIANCE TO PERMIT A 3,200 SQUARE FOOT POLE BUILDING IN THE FRONT YARD FOR DAVID GRUBER FOR PROPERTY LOCATED AT 8045 140TH STREET NORTH WHEREAS, an application has been filed by David Gruber that requests approval of a variance to permit a 3,200 square foot pole building in the front yard on property located at 8045 140 Street North, as legally described as follows: Parcel B — part of E1/2 of E1/2 of the NW1/4 of the NEI/2 of Section 27 WHEREAS, the Boad 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 David Gruber on property located at 8045 14& Street North, subject to the following conditions: 1. A varinance is approved for a 3,200 square foot building in the front yard in accordance with the application dated October 4, 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 the setback of the home far exceeds the 40 -foot minimum front yard setback of the ordinance. The home is setback approximately 350 feet from the road. Additionally, the applicant could not move the pole building farther from the road because of the location of the existing home, well, and replacement septic system area. With regard to the variance to permit a 3,200 square foot pole building, the applicant has demonstrated that the property is unique given the large number of trees on the property, which would help screen the building from adjacent properties and the public road. c) The granting of the variance would be in keeping with the spirit and intent of the ordinance.