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HomeMy WebLinkAbout2012.05.07 RESO 2012-09RESOLUTION 2012-9 APPROVING A VARIANCE TO ALLOW A DECK TO BE 7 FEET FORM THE SIDE PROERTY LINE FOR THE PROPERTY LOCATED AT 4670 EMPRESS WAY NORTH WHEREAS, Grant Shaffer have requested a variance to construct a portion of a deck to 7 feet from the side property line, where 10 feet is required by ordinance, on property described as follows: Lot 16, Block 5, Heritage Ponds WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance at a duly called public meeting 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 construct a portion of a deck to 7 feet from the side property line. 1. The requested variance is from the dimensional requirement of the ordinance and is permissible by law. 2. There are practical difficulties in complying with the provisions of the zoning regulations because of circumstances unique to the individual property not caused by the land owner. 3. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance 4. The granting of the variance would be keeping with the spirit and intent of the ordinance. The proposed variance would not noticeably alter the character to the average person. 6. Accessory structures are a permitted use in the PUD zoning district. 7. The subject property is not within a floodplain. 8. The subject property is served by municipal sewer and water 9. A building permit shall be issued for construction of the deck. ADOPTED by the City Council this 7h day of May, 2012. c ion, Nfayor ATTEST: Michele Lindau, City Clerk