HomeMy WebLinkAbout2021.07.19 RESO 2021-48 Lot Width Variance or Acres of Bald EagleRESOLUTION 2021-48
APPROVING A VARIANCE FROM THE LOT WIDTH REQUIREMENTS FOR
TWO LOTS LOCATED EAST OF EVERTON AVENUE NORTH AND NORTH
OF 121ST STREET NORTH
WHEREAS, Drengson May Enterprises, LLC, has requested approval of a variance
request to allow the lot width to be 30 feet and 38 feet for two residential lots, where 150
feet is required by the Large Lot Single Family (R-1) Zoning District regulations for the
property legally described as follows:
(See Attached)
WHEREAS, the Planning Commission has reviewed said variance at a duly called public
hearing on July 8, 2021, and recommends approval with the following findings and
conditions:
The variance is contingent on approval of the minor subdivision to create the two
lots.
2. The lots are proposed to be lot 8 and 9 of a development to be known as "Acres of
Bald Eagle".
3. The proposed variance is permissible by law.
4. There are practical difficulties in complying with the provisions of the zoning
regulations.
5. The existing west property is 5.36 acres in size and can be subdivided. The
applicant is proposing to subdivide the property into lots that are larger than the
minimum lot size of 1 acre as required by the R-1 zoning district. The applicant is
proposing to use the property in a reasonable manner.
6. The shape of the property is unique in that has three separate access points to
public streets, two on Everton Avenue North and one on 121' Street North.
Besides the access point for the existing house that will remain, the other access
points do not meet the minimum lot width requirements. The property has been
this shape for several decades and staff did not find any information on how it
became this way.
7. There are other properties in the area that do not meet the lot width requirements
for the zoning district and the proposed variance would not noticeably change the
character of the area.
8. The spirit and intent of the zoning regulations is to establish lot width
requirements for subdivisions in each zoning district. The property currently has
three access points two along Everton Avenue and one along 121" Street.
Currently the property could be accessed by any of the access points. The existing
home is remaining on site. The applicant is proposing to subdivide the property
and gain access to lots 8 and 9 through the other access points along Everton
Avenue and 121" Street. It is in staff s opinion that the spirit and intent of the
ordinance is meet.
Resolution 2021-48
Page 2
9. A residential lot is allowed in the City Code.
10. The property is not located within a FEMA designated floodplain.
11. The property is proposed to be served by City sewer and water.
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 Drengson May Enterprises, LLC, to allow the lot width to be 30 feet
and 38 feet for two residential lots, where 150 feet is required by the Large Lot Single
Family (R-1) Zoning District regulations
ADOPTED by the City Council on July 19, 2021.
14
om Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
Variance —Legal Description
The 'West 3/4 of the North Half of the Southwest Quarter of the Southeast
Quarter of Section 31, Township 31 North, Range 21 West, Washington County,
Minnesota except the following described parcels;
The West 160 feet of the South 100 feet of the North 130 feet thereof;
The South 175 feet of the West 212.19 feet of the East 569.9 feet thereof;
The West 332 feet of the North 150 feet of the South 380 feet thereof;
The West 332 feet which lies south of the north 130 feet thereof and which lies
north of the south 380 feet thereof;
The South 230 feet lying West of the East 569.9 feet thereof;
The East 5 Acres thereof;
ALSO EXCEPT
That part of the west 212.19 feet of the east 569.9 feet of the North 29.88 feet
of the South 204.88 feet of the West Three Quarters of the North Half of the
Southwest Quarter of the Southeast Quarter of Section 31, Township 31 North,
Range 21 West, Washington County, Minnesota, which lies westerly of a line
drawn from the southeast corner thereof to a point on the north line said south
204.88 feet distant 182.42 feet east of the northwest corner thereof.