HomeMy WebLinkAboutBZ Packet 08.26.21Agenda
Hugo Board of Zoning Adjustments and Appeals
Thursday, August 26, 2021
Hugo City Hall
6:30 PM
A. ROLL CALL: Arcand, Petty, Weidt
B. OATH OF OFFICE: Cindy Petty
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1. August 13, 2020
D. PUBLIC HEARING
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1. Luke Hanscom, 12096 Everton Avenue North —Variance request to allow a front
yard building setback of 25 feet, where 30 feet is required by ordinance.
E. NEW BUSINESS
F. OLD BUSINESS
G. ADJOURNMENT
If you need accommodations for the meeting please contact
Rachel Juba at (651) 762-6304 or rjuba@ci.hugo.mn.us, thank you.
Minutes for the Board of Zoning Adiustments and ADDeals Meeting of Thursday. August
13, 2020.
Meeting held remotely pursuant Minn. Stat. Sec. 13D.021
Chair Weidt called the meeting to order at 6:28 pm.
PRESENT: Arcand, Mulvihill, Weidt.
ABSENT: None.
STAFF: Rachel Juba, Community Development Director
Emily Weber, Community Development Assistant
Pledge of Allegiance.
roval of Minutes for the BOZA Meeting of Mav 28. 2020
Board Member Arcand made a motion, seconded by Mulvihill to approve minutes for the meeting of
May 28, 2020.
Ayes: Arcand, Mulvihill, Weidt.
Nay: None. Motion carried.
Public Hearing: Pamela Oman, 6900 170th Street North — Variance request from the Shoreland
District setback requirements.
Staff provided a background on the variance request submitted by Pamela Oman at 6900 1701h Street
North. Staff found that the applicant meets the criteria necessary for approval and recommended the
Board open the public hearing. Staff stated that Christopher and Torrie Johnson, 17289 Greystone Ave
N, had provided comments prior to the meeting in support of their neighbor's variance request.
Chair Weidt opened the public hearing at 6:34 pm. No one spoke. The public hearing was closed at
6:34 pm.
Pamela Oman addressed the Board and the Board discussed the request. Board Member Mulvihill
made a motion, seconded by Arcand, to approve the variance request from Pamela Oman, 6900 170th
Street North, to allow an accessory structure to be setback 120 feet from the ordinary high water mark
of Horseshoe Lake, where 200 feet is required by ordinance.
Ayes: Arcand, Mulvihill, Weidt.
Nay: None. Motion carried.
August 13, 2020 PC Minutes
Page 2
Public Hearine: Lori Schuman. 6930 1701" Street North — Variance reauest from the Shoreland District
setback requirements.
Staff provided a background on the variance request submitted by Lori Schuman, 6930 170t" Street
North and found that the applicant meets the criteria necessary for approval. Staff recommended the
Board open the public hearing and take all public comment. Staff stated that Christopher and Torrie
Johnson, 17289 Greystone Ave N, had provided comments prior to the meeting in support of their
neighbor's variance request.
Chair Weidt opened the public hearing at 6:40 pm. No one spoke. Weidt closed the public hearing at
6:41 pm.
Lori Schuman addressed the Board and the Board followed with discussion. Board Member Arcand,
seconded by Weidt, made a motion to approve the variance request from Lori Schuman, 6930 170tn
Street North, to allow a deck to be setback 90 feet from the ordinary high water mark of Horseshoe
Lake, where 200 feet is required by ordinance.
Ayes: Arcand, Mulvihill, Weidt.
Nay: None. Motion carried.
Adjournment
Commissioner Arcand, Commissioner Mulvihill seconded, to adjourn at 6:43 pm.
Ayes: Arcand, Mulvihill, Weidt.
Nay: None. Motion Carried.
Respectfully Submitted,
Emily Weber, Community Development Assistant
CITY OF HUGO COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION
STAFF REPORT
TO: Rachel Juba, Community Development Director
FROM: Emily Weber, Community Development Assistant
SUBJECT: Luke Hanscom, 12096 Everton Avenue North — Variance request to
allow a front yard building setback of 25 feet, where 30 feet is
required by ordinance.
DATE: August 26, 2021
LAND USE: Very Low Density (VLD)
ZONING: Large Lot Single -Family Residential District (R-1)
60-DAY REVIEW DEADLINE: October 4, 2021
1. DESCRIPTION OF REQUEST:
The applicant is requesting a variance from the front yard building setback to allow an addition
to be added to the existing garage on site. The applicant is proposing a 25 foot front yard
building setback, where 30 feet is required by ordinance. The existing garage currently sits at
23.4 feet from the front yard lot line.
2. CONTEXT:
A. Surrounding Land Use and Zoning
All surrounding properties are zoned as R-1 and guided as Very Low Density in the 2040
Comprehensive Land Use Plan.
B. Natural Characteristics of Site
The property is 0.47 acres and is along Bald Eagle Lake. The property falls within the Shoreland
Overlay District, which requires a building setback of 100 feet from the Ordinary High Water
(OHW) level of Bald Eagle Lake. The OHW level of Bald Eagle Lake is at 910.64 feet and the
proposed garage addition is located 107.3 feet from the OHW level, meeting the ordinance
requirements.
Page 2
3. ANALYSIS:
Staff used these standards to review the request and finds that it meets the standards as follows:
(1) Law. The variance as requested is permissible by law.
The proposed variance is permissible by law.
(2) Practical Difficulties. The applicant for a variance shall establish that there are practical
difficulties in complying with the provisions of the zoning regulations. The term "Practical
Difficulties" as used in the granting of a variance means:
a. Reasonable Use. The property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance and;
The applicant's request to add on to the attached garage is reasonable. The total square
footage for the proposed garage is under the square footage allowed for an attached
garage. The location of the proposed garage addition meets all remaining setback
requirements and is proposed to be located further from the front lot line than the existing
garage on site.
b. Unique Circumstances. The plight of property owner is due to circumstances unique
to the property not created by the landowner and,
The property is under unique circumstances as the existing house and garage do not meet
the front yard building setback requirements. Additionally, the proximity to Bald Eagle
Lake and the shoreland setback requirement limit the buildable area of the lot.
c. Character of Neighborhood. The variance, if granted, will not alter the essential
character of the neighborhood.
There are several properties in the area that have similar front yard building setbacks and
do not conform to the zoning district regulations. The proposed garage will be of the
same materials of the existing garage and will not alter the character of the neighborhood.
It is in staff s opinion that there are practical difficulties in meeting the ordinance as outlined in
the City Code. The size of the proposed garage addition is permitted by ordinance and it is a
reasonable request to add on to an existing garage. The property is unique in that the existing
house and garage do not meet the front yard building setback requirements and the buildable area
on the lot is limited due to the shoreland setback requirement from Bald Eagle Lake.
Additionally, the applicant's request will not alter the character of the neighborhood.
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Page 3
(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and
intent of this chapter and with the policies of the City's Comprehensive Plan.
The requested variance is keeping with the spirit and intent of the ordinance. The intent of the
ordinance is to allow green space in the front yard. The proposed garage addition will be further
back from the front lot line than the house and attached garage. The proposed garage addition
will not create a sight distance issue and will be cohesive with the existing garage and home on
site.
(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use
prohibited in the district.
Garages are permitted in the R-1 zoning district.
(5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood
protection than required by this chapter. The variance shall be determined the minimum
necessary, considering the flood hazard, to afford relief, and the variance shall not be issued
within any designated regulatory floodway if any increase in flood levels during the base flood
discharge would result.
The proposed garage addition is not located within a FEMA floodplain. However, the building
will be required to meet building code regulations regarding low floor separation from the
groundwater elevation.
(6) Septic and Well Compliance. The sewage treatment system and water system of the subject
property is in compliance with city and state codes.
The property is served with City sewer and water.
5. CONCLUSION AND STAFF RECOMMENDATION:
It is in staff s opinion that the applicant meets all the criteria necessary to approve the variance
request.
Staff recommends approval of the variance request from Luke Hanscom to allow a front yard
building setback of 25 feet, where 30 feet is required by ordinance, at property located at 12096
Everton Avenue North.
Attachments
1. Location Map
2. Survey
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