HomeMy WebLinkAbout2002.08.05 RESO 2002-0036RESOLUTION 2002- 36
APPROVING FRONT YARD SETBACK VARIANCE FOR CONSTRUCTION OF
A FENCE FOR ON PROPERTY LOCATED AT 4868129' STREET NORTH
WHEREAS, an application has been filed by Craig and Sharon Radebaugh that requests
approval of a variance to permit a privacy fence in a front yard on property located at
4868 129h Street North, as legally described as follows:
Lot 14, Block 5, Woods of Bald Eagle Lake
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
variances for Craig and Sharon Radebaugh on property located at 4868 129` Street
North, subject to the following conditions:
1. A variance is approved to allow a six-foot high privacy fence in a the front yard in
accordance with the application dated July 1, 2002.
2. The applicant shall enter into an encroachment agreement to allow the fence
within the drainage and utility easement.
3. The applicant shall provide a 3 to 4 inch gap between the bottom of the fence and
the ground for that portion of the fence that runs along the north property line.
4. The variances is approved based on the following findings:
a. The variance as requested is permissible by law.
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 the property is a corner lot.
Further, the detached townhomes to the north face 130x` Street. As such, the fence
would align with the rear yards of these homes.
C. The granting of the variance would be in keeping with the spirit and intent
of the ordinance.
The proposed privacy fence would be in keeping with the spirit and intent of the
ordinance, because the fence would be located in the rear yard of the home.
d. The property can not be put to reasonable use without the granting of the
variance.
Resolution 2002- 36
Page 2
The property is planned and zoned for residential use. The applicant is proposing
to construct a six-foot high solid wood fence for privacy and safety.
e. The variance, if granted, would not alter the essential character of the
locality in which it would be located.
The proposed fence would be consistent with the character of this residential area.
f. The variance, if granted shall not have the eject of allowing, in any
district, any use prohibited in the district.
Privacy fences 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 fence would not be within a designated floodplain. However, a
portion of the fence would be within a drainage and utility easement designed to
convey water. Because the drainage swale is located on the property to the north,
and not the subject property, staff finds that the fence would not obstruct drainage.
Further, the fence would only encroach 15 feet into the 50 -foot wide easement.
This easement was in place prior to the development of this subdivision and
appears to be wider than necessary to accommodate drainage.
In the event there is high water in the swale, staff is recommending that the
applicant provide a 3 to 4 inch gap between the bottom of the fence and the
ground.
h. The sewage treatment system and water system of the subject property is
in compliance with city and state codes.
The proposed fence would not require any improvements to the municipal water
and sewer systems that serve this property.
ADOPTED by the City Council on August 5, 2002.
1
F , Mayor
ATTEST:
Mary Creager, City Clerko