HomeMy WebLinkAbout2001.09.05 RESO 2001-0047RESOLUTION 200147
APPROVING SIDE YARD SETBACK VARIANCE FOR FRANCIS SATNIK FOR
PROPERTY LOCATED AT 12310 JANERO AVENUE NORTH
WHEREAS, an application has been filed by Francis Satnik that requests approval of a
side yard setback variance for a 1,080 square foot garage on property located at 12310
Janero Avenue North, as legally described as follows:
Insert Legal Description
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 Francis Satnik on property located at 12310 Janero Avenue, subject to the
following conditions:
1. A 22 -foot side yard setback variance is approved for an approximately 1,080
square foot building in accordance with the application dated August 13, 2001.
2. A building permit shall be required prior to constructing the building.
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 landowner.
The hardship is unique to the property because of the location of the existing home
and septic system. The location of these improvements limits the area in which to
construct the accessory building. At the time the applicant constructed the existing
home, the side yard setback was 20 feet. In July of 1999, the City increased the side
yard setback from 20 feet to 40 feet. Therefore, the hardship was not caused by the
landowner, but rather, a change in the setback requirement.
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 as far from the side lot line
as possible, while still providing adequate separation from the existing home. As
proposed, the garage would be 12 feet from the home.
Resolution 2001- 47
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d. The property can not be put to reasonable use without the granting of the
variance.
The property is zoned Rural Residential. Garages and other similar accessory
buildings are a common use in the Rural Residential zoning district and are often
needed for storage of equipment, personal belongings, and other items consistent with
large lot residential properties.
e. The variance, if granted, would not alter the essential character of the locality in
which it would be located.
The agricultural pole barn would be 22 feet from the north property line. While the
current side yard setback is 40 feet, prior to 1999 the setback had been 20 feet.
Therefore, there are numerous locations where accessory buildings are located closer
than 40 feet from a side lot line.
f. The variance, if granted shall not have the effect of allowing, in any district, any
use prohibited in the district.
The proposed accessory building is a permitted use in the Rural Residential zoning
district.
g. The variance, if granted, shall not permit a lower degree of flood protection than
required by the ordinance.
The proposed building 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 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 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.
Resolution 2001- 47
Page 3
WITNESS my hand
2`±i day of
City Clerk
as such City Clerk and the Corporate seal of the City this