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HomeMy WebLinkAbout2007.11.19 ORD 2007-413ORDINANCE NO. 2007-413 AN ORDINANCE AMENDING HUGO CITY CODE CHAPTER 320, SECTION 1015 (VARIANCES) TO INCLUDE 1015-090.2 MINOR DEVIATIONS. THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby add Section 1015- 090.2 MINOR DEVIATIONS to Hugo City Code, Chapter 320, with the language as follows: Subd 1. The Community Development Director or his or her designee may approve the following minor deviations from the construction limitations outlined in any zoning district where there is ample evidence that the minor deviation will not adversely affect the health, safety and welfare of the City, will not adversely affect neighboring property, where such action will not constitute the mere granting of a privilege, and where it can be demonstrated that the deviation is in keeping with good land use planning principles. When granting the minor deviation, the Community Development Director or designee may require additional open space, landscaping, or other compensating element to lessen the impact of the deviation. 1. Reduction of required setbacks for primary or accessory buildings to 75% of the stated requirement, except that side -yard setbacks in a residential district shall not be reduced below 10 feet. 2. Required setbacks for signs may be reduced to five feet from the public right-of- way. 3. Reduction of required setbacks of paved areas from a property line other than a public street right-of-way may be reduced to zero, if existing or proposed development on the adjacent parcel justifies the reduction. 4. Increase in the maximum size of accessory buildings to 125% of the stated requirement 5. The number of parking spaces may be reduced by up to 10% of the stated requirement. 6. The location of accessory buildings in the A, LA, RR and FUS Districts may be placed in front of a residence provided that the building is effectively screened from view from the public right-of-way and adjacent property by landscaping or other natural features. Subd. 2 Denial of any minor deviation request may be appealed to the Board of Zoning Appeals by following the procedures outlined in 1015-090.1, Variances. Section 2 Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Resolution 2007 — 413 Page 2 Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED by the City Council on November 19, 2007. �I INER 1, Mayor ATTEST: 69�1e� _ Mary reager, City Cle AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 • 14491 Forest Blvd. N. • Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed CITY OF HUGO ORDINANCE NO. 2007-413: AN ORDINANCE AMENDING HUGO CITY CODE CHAPTER320, SECTION 1015 (VARIANCES) TO INCLUDE 1015-090.2 MINOR DEVIATIONS which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday, the 12th day of December 2007; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz :AUZTHD SIGNATURE: Title Publisher LADONNA MARIE SWART INotary Public-Minnesno,, My Comm. Expires Jan. 31, SUBSCRIBED AND SWORN TO BEFORE ME ON THE 28 DAY OF _December , 2007_ NOTARY SIGNATURE . /� %� yt vt 0- )&,A- Y, RATE INFORMATION: $8.00/INCH CITY OF HUGO ORDINANCE NO. 2007-413 AN ORDINANCE AMENDING HUGO CITY CODE CHAPTER 320, SECTION 1015 (VARIANCES) TO INCLUDE 1015-090.2 MINOR DEVIATIONS. THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby add Section 1015-090.2 MINOR DEVIATIONS to Hugo City Code, Chapter 320, with the language as follows: Subd 1. The Community Development Director or his or her designee may ap- prove the following minor deviations from the construction limitations outlined in any zoning district where there is ample evidence that the minor deviation will not adversely affect the health, safety and welfare of the City, will not ad- versely affect neighboring property, where such action will not constitute the mere granting of a privilege, and where it can be demonstrated that the devia- tion is in keeping with good land use planning principles. When granting the minor deviation, the Community Development Director or designee may require additional open space, landscaping, or other compensating element to lessen the impact of the deviation. 1. Reduction of required setbacks for primary or accessory buildings to 75% of the stated requirement, except that side -yard setbacks in a residential district shall not be reduced below 10 feet. 2. Required setbacks for signs may be reduced to five feet from the public right-of-way. 3. Reduction of required setbacks of paved areas from a property line other than a public street right-of-way may be reduced to zero, if existing or proposed development on the adjacent parcel justifies the reduction. 4. Increase in the maximum size of accessory buildings to 125% of the stated requirement 5. The number of parking spaces maybe reduced by up to 10% of the stated requirement. 6. The location of accessory buildings in the A, LA, RR and FUS Districts may be placed in front of a residence provided that the building is effectively screened from view from the public right-of-way and adjacent property by land- scaping or other natural features. Subd. 2 Denial of any minor deviation request may be appealed to the Board of Zoning Appeals by following the procedures outlined in 1015-090.1, Vari- ances. Section 2 Severability. In the event that a court of competent jurisdiction ad- judges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judg- ment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED by the City Council on November 19, 2007. Fran Miron, Mayor ATTEST: Mary Ann Creager, City Clerk Published one time in The Citizen on December 12, 2007.