BZ Packet 08.24.23 - Laserfiche WebLink

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