2022.02.07 RESO 2022-7 Variance for Home on Sunset Lake

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RESOLUTION 2022-7 APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A HOUSE WITHIN THE SHORELAND AND FRONT YARD SETBACK REQUIREMENT OF SUNSET LAKE FOR THE PROPERTY GENERALLY LOCATED NORTH OF 122ND STREET AND WEST OF INGERSOLL AVENUE WHEREAS, Amanda and Joel Kruse have requested variances to construct a house 21.2 feet from the ordinary high water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance, and to be 19.3 feet from the front property line, where 40 feet is required by ordinance, legally described as: (See attached) WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance requests at a duly called public hearing and recommended approval, and; 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 requests to construct a house 21.2 feet from the ordinary high water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance, and to be 19.3 feet from the front property line, where 40 feet is required by ordinance, with the following findings: The requested variance is from the setback requirement of the ordinance and is permissible by law. 2. Because of circumstances unique to the property, there are practical difficulties on meeting the ordinance. 3. The applicant is proposing to use the property in a reasonable manner and construction of a single family homes house is allowed in the Rural Residential District. 4. The proposed variance would not noticeably alter the character of the area. 5. The granting of the variance would be in keeping with the spirit and intent of the ordinance. 6. Single family homes are a permitted use in the Rural Residential District. 7. The variance will not alter that floodplain. 8. The subject property will be served by individual well and septic systems. 9. The proposed building shall meet all zoning and shoreland requirements in the City Code.