HomeMy WebLinkAbout2002.06.17 RESO 2002-0025RESOLUTION 2002- 25
APPROVING SIDE YARD SETBACK VARIANCE FOR CONSTRUCTION OF A
DECK FOR CARRIE DORDING ON PROPERTY LOCATED AT 13921
FOUNTAIN AVENUE NORTH
WHEREAS, an application has been filed by Carrie Dording that requests approval of a
variance to permit a deck five feet from the side lot line on property located at 13921
Fountain Avenue North, as legally described as follows:
Lot 4, Block 1, Francine's Meadows.
WHEREAS, the Board of Zoning Appeals and Adjustments has reviewed said variance at
a duly called public meeting and recommends 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
variance for Carrie Dording on property located at 13921 fountain Avenue North, subject
to the following conditions:
1. A variance is approved to allow a 12 -foot x 36 -foot deck five feet from the side
lot line in accordance with the application dated May 21, 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 17 feet
from the north 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.
The footings for the deck would be located two feet outside of the five-
foot drainage and utility easement. The deck itself would cantilever up to
the easement and would not obstruct drainage.
d) The property can not be put to reasonable use without the granting of the
variance.
Resolution 2002- 25
Page 2
The property is planned and zoned for residential use. The applicant is
proposing to add a deck to the north side of the home adjacent to an
existing sliding glass door. The applicant would like a deck to 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. While the deck would encroach five feet into the required
setback, the deck would not represent a significant encroachment.
J) 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 June 17, 2002.
Fr on, Mayor
ATTEST:
Mary reager, City Cler