HomeMy WebLinkAbout2002.05.20 RESO 2002-0022RESOLUTION 2002- 22
APPROVING SIDE YARD SETBACK VARIANCE FOR CONSTRUCTION OF A
DECK FOR CHARLES AND KYLE TIMP ON PROPERTY LOCATED AT 6153 14P
STREET NORTH
WHEREAS, an application has been filed by Charles and Kyle Timp that requests
approval of a variance to permit a deck six feet from the side lot line on property located
at 6153 145" Street North, as legally described as follows:
Lot 2, Block 2, Rice Lake Meadows 2nd Addition.
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 Charles and Kyle Timp on property located at 6153 14P Street North,
subject to the following conditions:
1. A variance is approved to allow a 12 -foot x 14 -foot deck six feet from the side lot
line in accordance with the application dated April 23, 2002.
2. The variances 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.
The hardship is unique to the property because of the location of the
existing home and sliding glass door. The home was constructed 18 feet
from the east property line, and a sliding glass door was installed. The
applicant is desirous of installing a reasonable size deck to provide egress
from the home.
c) The granting of the variance would be in keeping with the spirit and intent
of the ordinance.
A 12 X 14 foot deck would be in keeping with the spirit and intent of the
ordinance. The deck would encroach four feet into the required setback
and would not appear out of character with surrounding homes.
d) The property cannot be put to reasonable use without the granting of the
variance.
Resolution 2002- 22
Page 2
The property is planned and zoned for residential use. The applicant is
proposing to add a deck to the east side of the home adjacent to an existing
sliding glass door and would provide egress from the home.
e) The variance, if granted, would not alter the essential character of the
locality in which it would be located.
The proposed deck is consistent with the essential character of this
residential area. At the time the homes were built in the Rice Lake
Meadows subdivision, the zoning code allowed encroachment of decks to
a distance of not less than three feet from any lot line. Therefore, decks on
some of the homes in the development are within the ten -foot side yard
setback.
The variance, if granted shall not have the effect of allowing, in any
district, any use prohibited in the district.
Decks are permitted in this residential zoning district.
g) The variance, if granted, shall not permit a lower degree of flood
protection than required by the ordinance.
The proposed deck 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 deck would not require any improvements to the municipal
water and sewer systems that serve this property.
ADOPTED by the City Council on May 20, 2002.
ATTEST:
Mary A6qtreager, City Clerk
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Mayor