HomeMy WebLinkAbout2001.11.05 RESO 2001-0068RESOLUTION 2001- 68
APPROVING SIDE YARD SETBACK VARIANCE FOR CONSTRUCTION OF A
DECK FOR MICHAEL AND DEBRA RUSH ON PROPERTY LOCATED AT 6352-
151ST STREET NORTH
WHEREAS, an application has been filed by Michael and Debra Rush that requests
approval of a side yard setback variance for the construction of a deck on property located
at 1515` Street North, as legally described as follows:
Lot 8, Block 1, Sweet Grass Meadows 2°d Addition
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
requested variances for Matt Rhude and Mary Jo Lehmann on property located at 6352-
1515` Street N. subject to the following conditions:
1. A variance is approved to allow an eight -foot setback for construction of an
approximately 12 -foot x 24 -foot deck in accordance with the application and
plans dated October 12, 2001.
2. A building permit shall be required prior to constructing the deck.
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 the existing
home and sliding glass door. The Board of Adjustments found that this home is
unique because it has a sliding glass door on the side of the home, as opposed to
the rear. Many of the other homes in this subdivision are designed with the
sliding glass door to the rear of the home.
C. The granting of the variance would be in keeping with the spirit and intent
of the ordinance.
Resolution 2001- 68
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The applicant has attempted to minimize the extent of the encroachment by
constructing a twelve -foot wide deck. Further, the deck would not encroach into
the six-foot drainage and utility easement.
d. The property cannot 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 deck to the south side of the home adjacent to an existing sliding glass
door.
e. The variance, if granted, would not alter the essential character of the
locality in which it would be located.
The proposed deck is consistent with the essential character of this residential
area. While the deck would encroach into the required setback, the deck is
relatively small and would not represent a significant encroachment.
f. The variance, if granted shall not have the effect of allowing, in any
district, any use prohibited in the district.
Decks are permitted in this residential zoning district.
g. The variance, if granted, shall not permit a lower degree of flood
protection than required by the ordinance.
The proposed deck 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 deck would not require any improvements to the municipal water
and sewer systems that serve this 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- 68
Page 3
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk