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RESOLUTION 2001- 68 <br />APPROVING SIDE YARD SETBACK VARIANCE FOR CONSTRUCTION OF A <br />DECK FOR MICHAEL AND DEBRA RUSH ON PROPERTY LOCATED AT 6352- <br />151ST STREET NORTH <br />WHEREAS, an application has been filed by Michael and Debra Rush that requests <br />approval of a side yard setback variance for the construction of a deck on property located <br />at 1515` Street North, as legally described as follows: <br />Lot 8, Block 1, Sweet Grass Meadows 2°d Addition <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 variances for Matt Rhude and Mary Jo Lehmann on property located at 6352- <br />1515` Street N. subject to the following conditions: <br />1. A variance is approved to allow an eight -foot setback for construction of an <br />approximately 12 -foot x 24 -foot deck in accordance with the application and <br />plans dated October 12, 2001. <br />2. A building permit shall be required prior to constructing the deck. <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 <br />because of circumstances unique to the individual property not caused by the <br />landowner. <br />The hardship is unique to the property because of the location of the existing <br />home and sliding glass door. The Board of Adjustments found that this home is <br />unique because it has a sliding glass door on the side of the home, as opposed to <br />the rear. Many of the other homes in this subdivision are designed with the <br />sliding glass door to the rear of the home. <br />C. The granting of the variance would be in keeping with the spirit and intent <br />of the ordinance. <br />