HomeMy WebLinkAbout2014.07.14 RESO 2014-23RESOLUTION 2014-23
APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A HOUSE AND
DECK WITH THE SHORELAND SETBACK REQUIREMENT OF
HORSESHOE LAKE FOR PROPERTY LOCATED 17340 HENNA AVENUE
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WHEREAS, Gale Fitzsimmons, has requested a variance to construct a house and deck 96
feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is
required by ordinance, on the property legally described as:
(See attached)
WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance at
a duly called public hearing on Thursday, June 26, 2014, 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
request to construct a house and deck 96 feet from the ordinary high water (OHW) mark
of Horseshoe Lake, where 200 feet is required by ordinance, with the following findings:
1. The requested variance is from the dimensional 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 granting of the variance would be in keeping with the spirit and intent of the
ordinance.
4. The applicant is proposing to use the property in a reasonable manner and
construction of a house and deck is allowed in the FUS zoning district.
5. The proposed variance would not noticeably alter the character to the average
person.
6. Accessory structures are a permitted use in the FUS District.
7. The subject property is not within a floodplain.
8. The subject property is served by individual well and septic systems.
ADOPTED by the City Council this 14th day of July,
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
PROPERTY DESCRIPTION (Warranty Deed No. 3781223)
That part of Government Lot 1, Section 3, Township 31 North, Range 21 West, Washington County, Minnesota, described as follows:
Commencing at the Southwest comer of Section 3; thence North 0000', assumed bearing along the West line of Section 3, a distance of 1948.6 feet to the point of beginning; thence continuing
North 0°00', along the West line of Section 3 a distance of 249 feet, more or less, to a point distant 439 feet South of the West Quarter comer of Section 3; thence South 89028140" East, a
distance of 1306 feet, more or less, to the East line of Government Lot 1, Section 3; thence Southerly along said East line, a distance of 237.5 feet, more or less, to the point of Intersection with a
line that bears North 891025" East from the point of beginning, more or less, and subject to the existing township road along the East line thereof. Said tract includes all riparian rights to
Horseshoe Lake, Washington County, Minnesota.
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