HomeMy WebLinkAbout2001.11.05 RESO 2001-0067RESOLUTION 2001- 67
APPROVING VARIANCE TO PERMIT A 3,200 SQUARE FOOT POLE BUILDING
IN THE FRONT YARD FOR DAVID GRUBER FOR PROPERTY LOCATED AT
8045 140TH STREET NORTH
WHEREAS, an application has been filed by David Gruber that requests approval of a
variance to permit a 3,200 square foot pole building in the front yard on property located
at 8045 140 Street North, as legally described as follows:
Parcel B — part of E1/2 of E1/2 of the NW1/4 of the NEI/2 of Section 27
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 David Gruber on property located at 8045 14& Street North, subject to the
following conditions:
1. A varinance is approved for a 3,200 square foot building in the front yard in
accordance with the application dated October 4, 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 the setback of the home far
exceeds the 40 -foot minimum front yard setback of the ordinance. The home
is setback approximately 350 feet from the road. Additionally, the applicant
could not move the pole building farther from the road because of the location
of the existing home, well, and replacement septic system area.
With regard to the variance to permit a 3,200 square foot pole building, the
applicant has demonstrated that the property is unique given the large number
of trees on the property, which would help screen the building from adjacent
properties and the public road.
c) The granting of the variance would be in keeping with the spirit and intent
of the ordinance.
Resolution 2001- 67
Page 2
The proposed pole building would not be directly visible from the road
because existing trees would screen the building. As such, the requested
variance would comply with the spirit and intent of the ordinance, which is to
prevent the accessory building from visually dominating the property as
viewed from the road.
d) The property can not be put to reasonable use without the granting of the
variance.
The property is planned and 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 a rural lifestyle.
e) The variance, if granted, would not alter the essential character of the
locality in which it would be located.
The reduce setback of the proposed building would not alter the character of
this agricultural area because of the increased setback of the home. 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.
Resolution 2001- 67
Page 3
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