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HomeMy WebLinkAbout2001.06.04 RESO 2001-0019CITY OF HUGO WASHINGTON COUNTY, MINNESOTA RESOLUTION 2001-19 APPROVING SIDE AND REAR YARD SETBACK VARIANCES FOR CONSTRUCTION OF A DETACHED GARAGE AND AN ATTACHED GARAGE FOR DAVID GREEDER FOR PROPERTY LOCATED AT 9113 -122ND STREET NORTH WHEREAS, an application has been filed by David Greeder that requests approval of a side and rear yard setback variances for the relocation of a 20 -foot x 24 -foot detached garage and the construction of a 30 -foot x 36 -foot attached garage on property located at 9113 -122nd Street North, as legally described as follows: Insert Legal Description. 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 requested variances for David Greeder on property located at 9113 -122nd Street N. subject to the following conditions: 1. A 15 -foot side and rear yard setback varinance is approved to relocate a 20 -foot x 24 -foot detached garage, and a 12 -foot side yard setback for an attached garage in accordance with the application dated April 27, 2001. 2. A building permit shall be required prior to constructing and relocation the buildings. 3. The variance 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. Resolution 2001- 19 Page 2 The hardship is unique to the property because of the size of the lot and location of the existing home and septic system. The location of the home and septic system limits the area in which to relocate the existing detached garage and to add a new attached garage. The existing home is approximately 42 feet from the side lot line. The applicant is proposing to move the existing garage to the rear of the property and construct a new attached garage. The existing detached garage is five feet from the side lot line. The applicant is proposing to move the garage to the rear of the lot and locate it 15 feet from the side lot line. Therefore, the applicant is decreasing the non -conformity of the building. However, a variance is still required because the detached garage does not meet the required 40 -foot setback. In addition to relocating the current detached garage, the applicant is proposing to attach a garage to the existing home. The attached garage would be 12 feet from the side lot line. As stated above, the existing detached garage is currently five feet from the side lot line, which is in the same general area as the proposed attached garage. C. The granting of the variance would be in keeping with the spirit and intent of the ordinance. The applicant is proposing to reduce the non -conformity of the site by relocating the existing detached garage to provide a greater setback. Further, the proposed attached garage would be set back a greater distance from the side lot line than is the existing detached garage. 4. The property can not be put to reasonable use without the granting of the variance. The property is zoned Rural Residential. Detached and attached garages are common in this zoning district and are often needed for storage of equipment, vehicles, personal belongings, and other items consistent with residential properties. 5. The variance, if granted, would not alter the essential character of the locality in which it would be located. The detached garage would be 15 feet from the side and rear property lines, and the attached garage would be 12 feet the side lot line. While the current side yard setback is 40 feet, prior to 1999 the setback had been 20 feet. Further, the City Council recently directed staff to process an ordinance amendment reducing the side yard setback from 40 feet to 20 feet. Lastly, the homes to the south, east, and west all have accessory buildings located approximately 10 feet from their side lot Resolution 2001- 19 Page 3 lines. Therefore, the proposed setback variances would not alter the character of this area. 6. The variance, if granted shall not have the effect of allowing, in any district, any use prohibited in the district. The proposed attached and detached garages are a permitted use in the rural residential zoning district. 7. The variance, if granted, shall not permit a lower degree of flood protection than required by the ordinance. The proposed buildings would not be within a designated floodplain. 8. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The new building would not require any improvements to the on-site sewage treatment or water systems found on the property. ADOPTED by the City Council on June 4, 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 June 4, 2001 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand o ally as such City Clerk and the Corporate seal of the City this day of u' 'Q 00/ City Clerk