HomeMy WebLinkAbout2001.05.07 RESO 2001-0015RESOLUTION 2001-15
APPROVING FRONT YARD SETBACK VARIANCE FOR BRIAN AND MARY
KLEBE FOR PROPERTY LOCATED AT 6080 -138TH STREET
WHEREAS, an application has been filed by Brian and Mary Klebe that requests
approval of a front yard setback variance for a 12 -foot x 28 -foot square foot garage
addition on property located at 6080-138`" Street, as legally described as follows:
Lot 15, Block 1, Hugo Meadows, Washington County, Minnesota
WHEREAS, the Boad 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
variamce for Brian and Mary Klebe on property located at 6080-138`x' Street, subject to
the following conditions:
1. A 28 -foot front yard setback varinance is approved for an approximately 12 -foot x
28 -foot garage addition in accordance with the application dated April 3, 2001.
2. A building permit shall be required prior to constructing the addition.
3. 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.
The hardship is unique to the property because of the location of the existing
home and for the fact that the property is a corner lot. Corner lots typically
have less "buildable" area because of the two front yard setbacks.
c) The granting of the variance would be in keeping with the spirit and intent
of the ordinance.
The applicant has attempted to keep the proposed garage addition as far from
the east property line (Geneva Avenue) as possible. Further, to comply with
the spirit and intent of the ordinance, the applicant reduced the size of the
proposed garage from 15 feet in width to 12 feet. This reduction in size helps
to minimize the extent of the requested variance. Lastly, the garage addition
would not obstruct the view of motorists using either 13e Street or Geneva
Avenue.
Resolution 2001- 15
Page 2
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 add a third stall to the existing two -car garage. It is common for
newer residential homes in Hugo to have a three -car garage.
e) The variance, if granted, would not alter the essential character of the
locality in which it would be located.
The proposed addition of a third stall to the existing garage is consistent with
the essential character of this residential area. Further, there are two other
homes on 138'` Street that have three -car garages.
The variance, if granted shall not have the effect of allowing, in any
district, any use prohibited in the district.
Attached three -car garages are a permitted use in the residential zoning
district.
g) The variance, if granted, shall not permit a lower degree of flood
protection than required by the ordinance.
The proposed addition 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 addition would not require any improvements to the municipal
water and sewer systems that serve this property.
ADOPTED by the City Council on May 7, 2001.
STATE OF MINNESOTA)
COUNTY OF WASHINGTON) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Hugo,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Hugo City Council on May 7, 2001 with the original thereof on file in my office, and the
same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
9 day of
City Clerk