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HomeMy WebLinkAbout2011.05.16 RESO 2011-13RESOLUTION 2011-13 APPROVING A VARIANCE FROM THE SIDE YARD SETBACK REQUIREMENTS IN THE GENERAL BUSINESS (C-2) ZONING DISTRICT FOR NATIONAL RECYCLING INC. ON THE PROPERTY LOCATED AT 15717 FOREST BOULEVARD NORTH WHEREAS, Rick Mark owner of National Recycling Inc. has requested approval of a variance to allow an existing building to be 13 feet from the side property line, where 30 feet is required by ordinance for the property legally described as follows: SEE ATTACHED WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval and; NOW, THEREFORE, BE IT HEREBY RESOVLED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by Rick Mark for, a variance to allow an existing building to be 13 feet from the side property line, where 30 feet is required by ordinance based on the following findings: 1. The strict enforcement of the ordinance would cause undue hardship because of circumstances unique to the individual property not caused by the land owner. 2. The granting of the variance would be in keeping with the spirit and intent of the ordinance. 3. The property cannot be put to reasonable use without the granting of the variance. 4. The proposed variance would not noticeably alter the character to the average person. ADOPTED by the City Council on May 16, 2011. Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk EXHIBIT A 15717 FOREST BOULEVARD, HUGO, MINNESOTA (1) All that part of the Northeast Quarter(NE 114) of Section Seventeen (17), in Township Thirty-one (31) North, of Range Twenty-one (21) West, City of Hugo, Minnesota, described as follows: Commencing at the intersection of the Easterly right of way of Minnesota Highway No. 61 and the East and West quarter line of Section Seventeen (17), in Township Thirty-one (31) North, of Range Twenty-one (21) West, thence Northerly along said Easterly right of way line of Minnesota Highway No. 61 for One Thousand Two Hundred Sixty-three and Five tenths (1263.5) feet to the point of beginning of this description; thence continuing Northerly along said Easterly right of way line of Minnesota Highway No. 61, for One Hundred Two and Five tenths (102.5) feet; thence deflected to the right an angle of 77 degrees 45 minutes and parallel with said East and West quarter line of Section Seventeen (17) for Four Hundred Sixty -Four and Ninety-two Hundredths (464.92) feet; thence deflected to the right an angle of 102 degrees 15 minutes and parallel with said Easterly right of way line of Minnesota Highway No. 61 for One Hundred Two and Five tenths (102.5) feet; thence deflected to the right an angle of 77 degrees 45 minutes and parallel with said East and West quarter line of Section Seventeen (17) for Four Hundred Sixty-four and Ninety-two Hundredths (464.92) feet to the point of beginning. AND (2) That part of the Northeast Quarter (NE 1/4) of Section Seventeen (17), in Township Thirty-one (31) North, of Range Twenty-one (21) West, described as follows: Commencing at the intersection of the Easterly right-of-way line of the Minnesota State Trunk Highway No. 61, and the East and West Quarter line of said Section Seventeen (17); thence Northerly along said Easterly right of way Nine Hundred Sixty-six (966.00) feet to the point of beginning of the parcel to be described; thence continuing along said right -of way line One Hundred Ninety- five and Thirty-four Hundredths (195.34) feet; thence on a deflection angle of 77 degrees and 45 minutes to the right, Four Hundred Sixty-four and Ninety-two (464.92) feet; thence on a deflection angle of 102 degrees 15 minutes to the right, One Hundred Ninety-five and Thirty-four Hundredths (195.34) feet; thence on a deflection angle of 77 degrees 45 minutes to the right, Four Hundred Sixty- four and Ninety-two Hundredths (464.92) feet to the point of beginning, subject to a public non-exclusive easement for public road purposes over the Westerly Fifty (50.00) feet thereof. AND (3) The South One Hundred (100.00) feet of the North Two Hundred (200.00) feet of that part of the Northeast Quarter (NE 1/4) of Section Seventeen (17) in Township Thirty-one (31) North, of Range Twenty-one (21) West, Washington County, Minnesota, described as follows: Commencing at the intersection of the Easterly right of way line of Minnesota State Trunk Highway No. 61 and the East and West quarter line of said Section Seventeen (17) thence Northerly along said Easterly right of way line Seven Hundred Sixty-six (766.00) feet to the point of beginning of the parcel to be described; thence continuing along said right of way line, Six Hundred (600.00) feet; thence on a deflection angle of 77 degrees 45 minutes to the right, Four Hundred Sixty-four and Ninety-two Hundredths (464.92) feet; thence on a deflection angle of 102 degrees 15 minutes to the right, Six Hundred (600.00) feet; thence on a deflection angle of 77 degrees 45 minutes to the right of Four Hundred Sixty-four and Ninety-two Hundredths (464.92) feet to the point of beginning. All according to the United States Government Survey thereof. Abstract property