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HomeMy WebLinkAbout2002.01.07 RESO 2002-00012002 RESOLUTIONS 2002 -1 APPROVING A MINOR SUBD WITH VARIANCES FOR THE MINIMUM LOT WIDTH AND SIDE YARD SETBACK FOR PROPERTY AT 14707 IRISH AVENUE NO 2002 - 2 APPROVING FINDINGS OF FACT DENYING A COMPREHENSIVE PLAN AMEND- MENT AND REZONING FOR PROPERTY LOCATED WEST OF FENWAY, SOUTH OF 140TH STREET, AND NORTH OF THE TOWNHOMES OF BALD EAGLE LAKE (TSCHIDA AND MOLITOR PROPERTIES) 2002 - 3 AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS TAXABLE TAX INCREMENT REVENUE NOTE (HUGO LAND DEVELOPMENT) SERIES 2002, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $610,535. 2002 - 4 AUTHORIZING THE ISSUANCE AND SALE OF $6,550,000 INDUSTRIAL DEVELOP- MENT REVENUE REFUNDING BONDS, SERIES 2002 (MN UNION BLDRS) TO FINANCE A PROJECT. 2002 - 5 RESOLUTION REGARDING THE ROAD AND BRIDGE MAINTENANCE AGREEMENT WITH WASHINGTON COUNTY. 2002 - 6 RESOLUTION APPROVING FINDINGS OF FACT APPROVING A COMPREHENSIVE PLAN AMENDMENT AND REZONING FOR MOLITOR PROPERTY. 2002 - 7 RESOLUTION APPROVING ADVISORY GUIDELINES FOR ESTABLISHMENT OF CIVIL PENALTIES FOR VIOL. TIONS REGARDING THE SALE OF TOBACCO. 2002 - 8 APPROVING PROPERTY LINE ADJUSTMENT AND VARIANCE FOR ROBERT JURAN FOR PROPERTIES LOCATED AT 9816 & 9988 122ND STREET 2002 - 9 RESOLUTION ESTABLISHING WATER SERVICE RATES. 2002 -10 RESOLUTION ESTABLISHING SANITARY SEWER SERVICE RATES 2002 -11 RESOLUTION APPROVING A PRELIMINARY PLAT FOR WILDERNESS VIEW 2002 - 12 RESOLUTION OF PRINCIPAL MUNICIPALITIES AFFECTED BY CSAH 14/F35E INTERCHANGE (HUGO/CENTERVILLE/LINO LAKES) 2002 -13 RESOLUTION CONCERNING REFUSE COLLECTION WITHIN THE CITY 2002 -14 APPROVING SIDE YARD SETBACK VARIANCES AND AVRAINCE TO ALLOW AN ATTACHED GARAGE THAT EXCEEDS THE MAX SIZE PERMITTED AT 12770 HOMESTEAD DRIVE. 2002 -15 RESOLUTION RELATING TO THE ADMINISTRATION OF JD2 THAT EFFECTS THE CITIZENS OF THE CITY. 2002 -16 RESOLUTION APROVING REDISTRICITNG PLAN REESTABLISHING MUNICIPAL WARD AND PRECINCT BOUNDARIES. RESOLUTION 2002-1 APPROVING A MINOR SUBDIVISION WITH VARIANCES FOR THE MINIMUM LOT WIDTH AND SIDE YARD SETBACK FOR PROPERTY LOCATED AT 14707 IRISH AVENUE NORTH. . WHEREAS, an application has been filed by William Culp and Norman Danner that requests approval of a minor subdivision and variances for the minimum lot width and side yard setback for property located at 14707 Irish Avenue North, as legally described as follows: (insert legal description) WHEREAS, the Planning Commission has reviewed said minor subdivision and variances at a duly called public meeting and recommends approval of the minor subdivision and two 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 minor subdivision for William Culp and Norman Danner on property located at 14707 Irish Avenue North, subject to the following conditions: 1. The approved minor subdivision must be recorded with the Washington County Recorder's Office within 60 days of the City Council's approval. 2. At the time the vacant parcel is to be developed, a final site drainage plan would be required by the Rice Creek Watershed District. 3. A 23.25 -foot minimum lot width variance is approved for both lots in the minor subdivision in accordance with the application dated October 29, 2001. 4. A 20.91 -foot side yard set back variance is approved for the existing garage on Parcel A in accordance with the application dated October 29, 2001. 5. The variance is approved based on the following findings: a) The variance as requested is permissible bylaw. The requested variance is from the dimensional requirements of the ordinance and is permissible by law. b) The strict enforcement of the ordinance would cause undue hardship because of circumstances unique to the individual property not caused by the land owner. Resolution 2002- 1 Page 2 The hardships are unique to the property because the subject property is long and narrow. The property to be divided is 553.50 feet X 1574.01 feet with the 553.50 feet fronting on Irish Avenue. Access from Irish Avenue would require each lot to each be 276.75 feet wide. As for the side yard setback, to maintain the 10 -acre minimum lot size, the proposed lot line would be 19.09 feet from the existing garage, which would require a variance of 20.91 feet. At the time the garage was constructed, it met all applicable setbacks. c) The granting of the variance would be in keeping with the spirit and intent of the ordinance. The granting of the variance from the minimum lot width of 300 feet would be keeping with the spirit and intent of the ordinance by allowing the creation of two 10 -acre parcels which are common and permissible in the Agricultural zoning district. The granting of the variance for the side yard setback would also be keeping with the spirit and intent of the ordinance because garages are common accessory structures on residential property. d) The property cannot be put to reasonable use without the granting of the variance. Without the proposed variances, the property could not be subdivided. Ten - acre lots are permissible in the Agricultural Zoning District. e) The variance, if granted, would not alter the essential character of the locality in which it would be located. The variances, if granted, would allow the creation of two 10 -acre parcels, which are common and permissible in the Agricultural Zoning district. The variance, if granted shall not have the effect of allowing, in any district, any use prohibited in the district. The variances would not alter the allowed uses of the property. g) The variance, if granted, shall not permit a lower degree of flood protection than required by the ordinance. Variances for the required lot width and side yard setback would not permit a lower degree of flood protection. At the time the vacant parcel is to be developed, a final site drainage plan would be required by the Rice Creek Watershed District. h) The sewage treatment system and water system of the subject property is in compliance with city and state codes. Resolution 2002- 1 Page 3 The future home to be built on Parcel B would need to have an adequate sewer and water system ADOPTED by the City Council on January 7, 2002. Mayor ATTEST: Mary Vreager, City Clerk