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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.