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HomeMy WebLinkAbout2020.08.17 RESO 2020-38 Variance for Setback at 6390 170th St.RESOLUTION 2020-38 APPROVING A VARIANCE FROM THE SETBACK REQUIREMENTS FOR A DETACHED DECK LOCATED WITHIN THE SHORELAND OVERLAY DISTRICT FOR LORI SCHUMAN AT 6930 170TH STREET NORTH. WHEREAS, Lori Schuman has requested approval of a variance request to allow a detached deck to be setback approximately 90 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by the Shoreland Overlay District for the property legally described as follows: See attached. WHEREAS, the Board of Zoning has reviewed said variance at a duly called public hearing on August 13, 2020, and recommends approval with the following findings and conditions: 1. The requested variance is permissible by law. 2. Because of circumstances unique to the property the applicant is proposing to use the property in a reasonable manner. 3. The setback variance on the applicant's proposed detached deck would not noticeably alter the character of the area. 4. The granting of the variance would be in keeping with the spirit and intent of the ordinance. S. Detached decks are allowed in the Future Urban Service zoning district. 6. The subject property is not within a FEMA designated floodplain. 7. The sewage treatment system and water system of the subject property is in compliance with City and State codes. 8. The applicant must apply and receive a building permit prior to construction of the detached deck. 9. The detached deck shall meet all building code requirements. 10. The detached deck shall be setback at least three feet from the existing well. Resolution 2020-38 Page 2 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 request for Lori Schuman to allow a detached deck to be setback approximately 90 feet from the ordinary high water (OHW) mark of Horseshoe Lake. ADOPTED by the City Council this 17'h day of August, 2020. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk Resolution 2020-38 Page 3 Exhibit A Legal Description for 6930 170'b Street North: Legal Description: SECTION 04 TOWNSHIP 031 RANGE 021 PT OF GOV LT 5 BE AT PT ON THE N IN OF SD GOV LT 5 382FT ELY OF THE NW COR THEREOF THIN CONT ALG SD N LN AT S86DEG37E FOR i51FT TO STAKE AT THE TOP OF THE BANK ADJACENT TO THE SHORE OF HORSESHOE LK THN S03DEGS0'E ALG SD BANK FOR 300FT THN N87 DEG37W FOR 171FT THN N PARL WITH THE W LN OF SD GOV LT 5 FOR 299.33FT TO THE POB ALSO INCL THAT STRIP OF LAND LYING BETWEEN DESC COURSE ALG THE TOP OF THE BANK & THE ACTUAL SHRLN OF THE LK & EASE