HomeMy WebLinkAbout2001.09.05 RESO 2001-0046T
RESOLUTION 2001- 46
APPROVING A VARIANCE TO PERMIT AN ATTACHED GARAGE THAT
EXCEEDS THE MAXIMUM SIZE PERMITTED BY THE ZONING ORDINANCE
FOR ROBERT HAMM ON PROPERTY LOCATED AT 12884 FLAY AVENUE
WHEREAS, an application has been filed by Robert Hamm that requests approval of a
variance to permit a total of 1,692 square feet of attached garage space on property
located at 12884 Flay Avenue, as legally described as follows:
Lot 1, Block 1, Beaver Ponds, Washington County, Minnesota
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 Robert Hamm on property located at 12884 Flay Avenue, subject to the
following conditions:
1. A variance is approved to allow 1,692 square feet of attached garage space in
accordance with the application dated August 13, 2001, subject to the following
conditions:
2. The garage addition shall only be used for the storage of personal belongings and
collector vehicles.
3. A separate driveway will not be allowed for the garage addition.
4. A building permit shall be required prior to constructing the addition.
5. 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 landowner.
The subject property is unique because it is larger than other lots within the
Beaver Ponds subdivision. As such, the property can accommodate a larger
building pad. Further, the proposed addition is primarily for the storage of
personal belongings and collector cars, and would not be used as a typical garage.
c. The granting of the variance would be in keeping with the spirit and intent of the
ordinance.
Resolution 2001- 46
Page 2
The purpose of limiting the size of an attached garage to 1,000 square feet is to
insure that an attached garage does not dominate the appearance of the home, and
that the primary use of the property remains as a single family home.
The applicant is designing the garage addition to resemble "living" space of the home
by including similar windows as the existing home, and living space above the
garage. Further, the new garage doors would not face the street. As such, the
proposed addition would not seem out of character with surrounding homes in the
neighborhood. Lastly, because the addition would contain similar architectural
treatments as the home, the applicant notes that the garage could be easily converted
to living space.
In addition to the above, the proposed garage doors would face a wooded area
located to the northwest. As such, the proposed garage would not be directly visible
from surrounding 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 garagelstorage area and living space for his large family.
e. The variance, if granted, would not alter the essential character of the locality in
which it would be located.
As discussed above, the attached garage addition would be architectural
compatible with the existing home. Therefore, the garage addition would not alter
the character of this neighborhood (see attached building elevations).
f. The variance, if granted shall not have the effect of allowing, in any district, any
use prohibited in the district.
Attached garages are allowed 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.
Resolution 2001- 46
Page 3
ADOPTED by the City Council on September 5, 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 September 5, 2001 with the original thereof on file in my office,
and the same is a correct transcription thereof.
WITNFSS my hand offi dally as such City Clerk and the Corporate seal of the City this
day of . d o0
City Clerk 61