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Agenda Number C.1 <br /> <br />CITY OF HUGO COMMUNITY <br />DEVELOPMENT DEPARTMENT <br /> <br />PLANNING AND ZONING <br />APPLICATION STAFF REPORT <br /> <br /> <br />TO: Hugo Board of Zoning Adjustments <br /> <br />FROM: Max Gort, Associate Planner <br /> <br />SUBJECT: Jim and Laurie Stodola, 12757 Homestead Drive North – Variance <br />request from the shoreland overlay district rules to allow construction of a <br />deck to be 56 feet from the ordinary high-water level of Sunset Lake, <br />where a structural setback of 100 feet is required by ordinance. <br /> <br />DATE: November 12, 2024 for the Board meeting of November 14, 2024 <br /> <br />ZONING: Rural Residential (RR) <br /> <br />LAND USE: Large Lot Residential (LL) <br /> <br />REVIEW DEADLINE: November 25, 2024 <br /> <br /> <br />1. DESCRIPTION OF REQUEST: <br /> <br />The applicants are asking for a variance to construct a deck to be attached to the east side of the <br />house. The requested variance is to allow for the deck to be located 56 feet from the ordinary <br />high-water level (OHWL) of Sunset Lake. Section 90-137 – Shoreland District in City Code <br />classifies Sunset Lake as a Recreational Development (RD) lake, and requires a minimum <br />structure setback of 100 feet from the OHWL. The proposed deck would be constructed on the <br />southern side of the property and would be in-line with the existing house. <br /> <br />The property is approximately 1.09 acres and is located within the Rural Residential (RR) zoning <br />district. <br /> <br />2. LEVEL OF CITY DISCRETION IN DECISION-MAKING: <br /> <br />The City’s discretion in approving or denying a variance is limited to whether or not the <br />proposed project meets the standards in the Zoning Ordinance for a variance. The City has a <br />higher level of discretion with a variance because the burden of proof is on the applicant to show <br />that they meet the standards in the ordinance. <br /> <br />