Loading...
HomeMy WebLinkAbout2001.06.04 RESO 2001-0020CITY OF HUGO WASHINGTON COUNTY, MINNESOTA RESOLUTION 2001- 20 APPROVING SIDE YARD SETBACK VARIANCE FOR CONSTRUCTION OF A DECK FOR MATT RHUDE AND MARY JO LEHMANN FOR PROPERTY LOCATED AT 5383 -129TH STREET NORTH WHEREAS, an application has been filed by Matt Rhude and Mary Jo Lehmann that requests approval of a side yard setback variance for the construction of a deck on property located at 5383-129' 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 Matt Rhude and Mary Jo Lehmann on property located at 5383- 129t' Street N. subject to the following conditions: 1. A 5 -foot side yard setback varinance is approved to construc an approximately 5 - foot x 15 -foot deck in accordance with the application and plans dated May 11, 2001. 2. A building permit shall be required prior to constructing the deck. 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. The hardship is unique to the property because of the location of the existing home and sliding glass door. The home was constructed 12 feet from the east Resolution 2001- 20 Page 2 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 applicant has attempted to minimize the extent of the encroachment by constructing a five-foot wide deck The footings for the deck would be located outside of the six-foot drainage and utility easement. The deck would itself would cantilever one -foot into the easement. However, this cantilever would not obstruct drainage between the two homes. 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 deck to the east side of the home adjacent to an existing sliding glass door. As stated in the applicant's narrative, they would like a deck to provide egress from the home. Further, the applicant has attempted to minimize the extent of the encroachment by designing a deck that only extends approximately five feet 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 is relatively small and would not represent a significant encroachment. f. 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. Resolution 2001- 20 Page 3 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 ially as such City Clerk and the Corporate seal of the City this .�� day of ;zoo City Clerk