HomeMy WebLinkAbout2002.04.15 RESO 2002-0014RESOLUTION 2002-14
APPROVING SIDE YARD SETBACK VARIANCES AND A VARIANCE TO
ALLOW AN ATTACHED GARAGE THAT EXCEEDS THE MAXIMUM SIZE
PERMITTED BY THE ZONING ORDINANCE FOR RICHARD CHAREST ON
PROPERTY LOCATED AT 12770 HOMESTEAD DRIVE
WHEREAS, an application has been filed by Richard Charest that requests approval of a
variance to permit a 2,081 square foot attached garage and two side yard setback
variances on property located at 12770 Homestead Drive, as legally described as follows:
Insert Legal
WHEREAS, the Board of Zoning Appeals and Adjustments has reviewed said variances
at a duly called public meeting and recommends approval of the 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
variances for Richard Charest on property located at 12770 Homestead Drive, subject to
the following conditions:
1. Variance are approved to allow a 2,081 square foot attached garage 36 feet from
the north and south lot lines in accordance with the application dated February 15,
2002, subject to the following conditions:
2. The garage addition shall only be used for the storage of personal belongings and
vehicles.
3. The variances are approved based on the following findings:
a. The variance as requested is permissible by law.
The requested variances are 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 landowner.
The subject property is unique because it will contain a walkout home, which
allows the applicant to construct a two level garage.
c. The granting of the variance would be in keeping with the spirit and intent of the
ordinance.
The purpose of limiting the size of an attached garage to 1,000 square feet is to
insure that an attached garage does not dominate the appearance of the home, and
that the primary use of the property remains as a single family home.
The proposed garage would be two levels, which will help to minimize the visual
impacts of the larger garage.
Resolution 2002- 14
Page 2
With regard to the setback variances, at the time the proposed lot was created, the
setback was 10 feet. As such the hardship is a result of a change in the ordinance
and was not created by the applicant.
d. The property can not be put to reasonable use without the granting of the
variance.
The property is planned and zoned for residential use. The applicant is proposing
to construct a garage larger than that permitted by the ordinance for the storage of
personal belongings.
e. The variance, if granted, would not alter the essential character of the locality in
which it would be located.
The proposed attached garage would contain two levels. Therefore, the garage
addition would not alter the character of this neighborhood (see attached building
elevations). Four neighboring property owners spoke at the public meeting
indicating that they had no objections to the variance. Several residents
commented that they did not believe the larger garage would negatively impact
the neighborhood.
f. The variance, if granted shall not have the effect of allowing, in any district, any
use prohibited in the district.
Attached garages are allowed in the residential zoning district.
g. The variance, if granted, shall not permit a lower degree offlood food protection than
required by the ordinance.
The proposed home and attached garage would not be within a designated
floodplain.
h. The sewage treatment system and water system of the subject property is in
compliance with city and state codes.
The proposed home and attached garage would be served by a private well septic
system.
ADOPTED by the City Council on April 15, 2002.
I .on, Mayor
ATTEST:
Mary & Creager, City CleV