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HomeMy WebLinkAbout2007.05.21 RESO 2007-0024RESOLUTION 2007-24 APPROVING A PROPERTY LINE ADJUSTMENT AND VARIANCE FOR DAVID AND JANE STRUB AND DOUG AND JUDITH KRUSE FOR PROPERTIES LOCATED AT 12670 INGERSOLL AVENUE NORTH AND 12616 INGERSOLL AVENUE NORTH WHEREAS, an application has been filed by David and Jane Strub and Doug and Judith Kruse that requests approval of a property line adjustment and variance for properties located 12670 Ingersoll Avnenue North and 12616 Ingersoll Avenue North. WHEREAS, the requested variance is from the lot width and size requirements. WHEREAS, the proposed lot line adjustment would result in two parcels described as follows: (See Attached) WHEREAS, the City Council has fully considered the request for the property line adjustment and variance. WHEREAS, the Board of Zoning and Adjustments considered this request at a public hearing and recommend approval of the variance. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the property line adjustment and variance for David and Jane Strub and Doug and Judith Kruse, subject to the following conditions: 1. A variance from the Rural Residentail lot width and size is approved in accordance with the following findings: A) The requested variance is permissible by law. B) The properties were platted as Sunset Park in 1956 with 29 lots along the east side of sunset lake and most of the lots are less than one acre. The lots became out of compliance with the zoning ordinance when the 10 acre lot size and 300 foot road frontage requirement was adopted. The unique circumstance causes undue hardship for the individual properties not caused by the land owners. C) The spirit and intent of the ordinance is to provide requirements for lot dimensions in the Rural Residential zoning district. The properties have not met this requirement since they were platted and the lot dimensions do not significantly change with the variance to allow a property line adjustment. Resolution 2001-24 Page 2 D) Without the granting of the variance the property line adjustment requested could not be approved E) The character of the area would not be altered as a result of the approval of the variance. F) The properties are occupied by single family homes which are allowed in the Rural Residential district. G) The variance will not permit a lower degree of flood protection than required by ordinance. IT) The subject properties are each served by an on-site septic system and private well, and are in compliance with city and state codes. ADOPTED by the City Council on 21 st of May, 2007 n, Mayor ATTEST: Mary reager, City Cl