HomeMy WebLinkAbout2007.08.06 RESO 2007-0034RESOLUTION 2007-34
APPROVING A PROPERTY LINE ADJUSTMENT AND VARIANCE FOR
JOSEPH AND MARCIA WOLKERSTORFER FOR PROPERTIES LOCATED
AT 16730 JEFFREY AVENUE NORTH
WHEREAS, an application has been filed by Joseph and Marcia Wolkerstorfer that
requests approval of a property line adjustment and variance for properties located 16730
Jeffrey Avenue North;
WHEREAS, the requested variance is from the lot size requirements;
WHEREAS, the proposed lot line adjustment would result in four parcels described as
follows:
(See Attached)
WHEREAS, the City Council has fully considered the request for the property line
adjustment and variances.
WHEREAS, the Planning Commission considered this request at a public hearing and
recommend approval of the property line adjustment and variances.
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 Joseph and Marica Wolkerstorfer, subject to the
following conditions:
1. A variance from the Agricultural lot width and size is approved in accordance
with the following findings:
a) The requested variance is permissible by law.
b) The size, shape, access, and location of the current parcels are unique
characteristics of the property. The owner does not have the ability to build
on the parcels separately the way they are now. The property line
adjustment will make the new parcels better suited for building sites. This
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 agricultural zoning district. The properties do not
currently meet the requirements and the property owner is eliminating one
of the nonconforming lots in the process with the property line adjustment.
Staff feels the property line adjustment meets the spirit and intent of the
ordinance.
Resolution 2007 - 34
Page 2
d) Without the granting of the variance the property line adjustment
requested could not be approved. The property can be put to reasonable
use without the variance; however the existing parcels would seem to be
extremely difficult to build on. The variance will simply lessen the
nonconformity of the lots and will create a better situation for buildable
land for the property owner.
e) The character of the area would not be altered as a result of the approval of
the variance.
f) The proposed single family homes are allowed in the Agricultural Zoning
District
g) The variance will not permit a lower degree of flood protection than
required by ordinance
h) The subject properties will be served by an on-site septic system and
private well, and will be required to be in compliance with city and state
codes.
ADOPTED by the City Council on the 6h day of August, 2007
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ATTEST:
Mary�Atreager, City Clerk