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RESOLUTION 2023-26 <br /> APPROVING A VARIANCE TO ALLOW WINDOW WELLS TO ENCROACH 3 <br /> FEET 8 INCHES INTO THE REQUIRED SIDE YARD SETBACK FOR THE <br /> PROPERTY LOCATED AT 14320 GRANTAIRE LANE NORTH <br /> WHEREAS, Nick Heinle, Prairie Homes LLC, has requested a variance to allow window <br /> wells to encroach 3 feet 8 inches into the required side yard setback on property <br /> described as follows: <br /> Lot 10, Block 3, Victor Gardens East <br /> WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance at <br /> a duly called public meeting and recommended approval, and; <br /> 1. The requested variance is from the dimensional standards of the ordinance and is <br /> permissible by law. <br /> 2. The applicant is proposing to use the property in a reasonable manner. <br /> 3. The window wells would not noticeably change the character of the area. <br /> 4. A permit was issued for the new house. The property owner went through the <br /> proper steps to construct the house. Staff was in error when permitting the house. <br /> Considering the unusual circumstances that led to the construction of the window <br /> wells, a case is made that there are now practical difficulties in meeting the <br /> ordinance because of the time and materials that the applicant has put into the <br /> house. <br /> 5. Although the window wells encroach into the side yard setback,window wells are <br /> at grade and will not obstruct view, therefore would meet the spirit and intent of <br /> the ordinance. <br /> 6. Window wells are permitted in the PUD zoning district. <br /> 7. The property is not located within a FEMA designated floodplain. <br /> 8. The property is served by municipal sewer and water. <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 request to allow window wells to encroach 3 feet 8 inches into the required side <br /> yard setback. <br />