HomeMy WebLinkAbout2001.11.05 RESO 2001-0065-A
RESOLUTION 2001- 65
APPROVING SIDE YARD SETBACK VARIANCE FOR ROGER CAPAUL FOR
PROPERTY LOCATED AT 12173 JANERO AVENUE NORTH
WHEREAS, an application has been filed by Roger Capaul that requests approval of a
side yard setback variance for a 1,800 square foot pole building on property located at
12173 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 Roger Capaul on property located at 12173 Janero Avenue, subject to the
following conditions:
1. A 27 -foot side yard setback is approved for an approximately 1,800 square foot
building in accordance with the application dated October 9, 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 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 landowner.
The hardship is unique to the property because of the location of a previous pole
building that was destroyed by fire. The applicant is proposing to replace the
building in the same location. At the time the applicant constructed the original
building, 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.
It would not be possible to move the pole building due to the location of the septic
system drainfield. Further, as discussed above, the applicant wishes to use an
existing concrete slab.
d. The property can not be put to reasonable use without the granting of the
variance.
The property is zoned Rural Residential. Pole buildings 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 pole barn would be 27 feet from the east 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 pole 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 November 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 November 5, 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
day of
City Clerk