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HomeMy WebLinkAbout2001.11.05 RESO 2001-0066RESOLUTION 2001- 66 APPROVING VARIANCE TO PERMIT A 5,000 SQUARE FOOT POLE BUILDING FOR LYNETTE TWEDT FOR PROPERTY LOCATED AT 15135 ELMCREST AVENUE NORTH WHEREAS, an application has been filed by Lynette Twedt that requests approval of a variance to permit a 5,000 square foot pole building on property located at 15135 Everton Avenue North, as legally described as follows: The south 300' of the N1/2 of the SW 1 A of the SW 1 A of Section 18 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 variance for Lynette Twedt on property located at 15135 Everton Avenue, subject to the following conditions: 1. A varinance is approved for a 5,000 square foot building in accordance with the application dated October 2, 2001. 2. A building permit shall be required prior to constructing the building. 3. The applicant shall plant at least three evergreen trees along the south side of the pole building. The trees shall be a minimum of four -feet in height. 4. 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 the property is in an area that is to remain agriculture, as identified in the City's Comprehensive Plan. Further, the property is not eligible to receive municipal sewer and water. c) The granting of the variance would be in keeping with the spirit and intent of the ordinance. The pole building is in an area that will remain agricultural. Larger pole buildings are common on agriculutural properties. Resolution 2001- 66 Page 2 d) The property can not be put to reasonable use without the granting of the variance. The property is zoned for agricultural use. Pole buildings and other similar accessory buildings are a common use in the agricultural zoning district and are often needed for storage of equipment, personal belongings, and other items consistent with large lot agricultural/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 meet all applicable setback requirements, and as such would not alter the essential character of the area. Further, other properties in this area of the City have large agricultural pole buildings. 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 agricultural 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 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. Resolution 2001- 66 Page 3 WITNESS my hand officially as such City Clerk and the Corporate seal of the City this % day of 0 1111,2�/�C' -300/- City od/.City Clerk