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HomeMy WebLinkAbout2007.02.20 RESO 2007-0008RESOLUTION 2007- 8 APPROVING FINDINGS OF FACT FOR APPROVAL OF TWO VARIANCES FOR RICK BURR FOR THE BUILDING MATERIAL AND SIDE YARD SETBACK FOR GUSSET DESIGN LOCATED AT 15587 FOREST BOULEVARD NORTH WHEREAS, Rick Burr has requested variances for the building material of the proposed addition to be constructed with metal panels which is prohibited by ordinance and to build the proposed addition one foot away from the property line where 30 feet is required by ordinance on property described as follows: (See Attached) WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance requests at a duly called public hearing and recommended approval; WHEREAS, the Planning Commission has reviewed the variance request for the side yard setback and recommended approval for the proposed addition to be five feet from the south property line; WHEREAS, the Planning Commission has reviewed the variance request for the building material and recommended approval with the condition that the addition include at least 20 percent brick, 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 variances on property located at 15587 Forest Boulevard North subject to the following conditions: A variance is approved to allow the proposed addition to be one foot from the south property line. 2. A variance is approved to allow the proposed addition to be constructed with metal panels with at least 20 percent brick included. The following findings are hereby approved: a) The requested variances are permissible by law. b) The property is unique in that there is an existing building that is steel structured with metal panels and some brick. The applicant has stated that if the building is constructed with the materials required it would have some undue costs. C) The strict enforcement of the side yard setback would not allow for construction of the proposed addition, causing hardship for the applicant. The property is unique because of its long narrow shape, making it difficult to construct a building or addition because of the required setback on each side. d) The proposed building materials are in keeping with the sprit and intent of the ordinance, because they are compatible with the existing building and adjacent buildings. e) The spirit and intent of the ordinance is to provide a distance between the property lot line and the building lot. line. Since there is an existing building close to the lot line the situation will not change noticeably. fj The property currently has nonconforming uses, including the exterior storage of materials. By constructing the building addition, it allows the applicant to move the materials inside the building, thus removing a nonconforming use. Without the granting of the variance, the nonconforming use would continue. g) The proposed building addition would not alter the character of this area which is identified in the City's land use plan as CommerciaMdustrial. The adjacent properties to the north and south also do not meet the 30 foot side yard setback and have metal panels as the building material. h) The granting of the variance will not allow new uses that are prohibited in the district. i) The proposed building addition would not be within a designated floodplain. The building addition will not impact the floodplain. j) The proposed building addition will not require any improvements to the municipal water and sewer systems that serve this property. k) The building addition is not conspicuous from a major thoroughfare. ADOPTED by the City Council this 20th day of Febru o ATTEST: Mayor le�=�v Mary A reager, City Clerk ABSTRACT OF TITLE i ]011 That part of the Northeast Quarter (NE's) of Section Seventeen (17), Township Thirty-one (31),'Range Twenty-one (21) 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 meat quarter line of said Section Seventeen (17); thence Northerly along said Easterly right of way line Two hundred sixty --six (266) feet to the Point of Beginning of -the parcel to.be described; thence continuing along said right of way line Ninety-seven and twenty-one hundredths (97.21) feet; thence on a deflection angle of 77°45' to the right One.hundred seventy-nine and thirty-seven hundredths (179.37) feet; thence on a deflection angle of 900 to the right, Ninety-five (95) feet; thence on a deflection angle of 90° to the right, Two hundred (200) feet to the Point'of Beginning, and containing 0.42 acres, more or less.- - According ess.-- .According to the United States Government Survey thereof. r'