HomeMy WebLinkAbout2023.11.06 RESO 2023-38 Variance for 12033 Everton RESOLUTION 2023-38
APPROVING A VARIANCE FROM THE REAR AND SIDE YARD
REQUIREMENTS FOR PROPERTY LOCATED AT 12033 EVERTON AVENUE
NORTH
WHEREAS, Hunter and Brayanna Smith have requested approval of a variance to allow
the proposed 1,200 square foot accessory building to be 10 feet from the rear yard
property line, where 30 feet is required by ordinance, on property legally described as
follows:
Lots 7, 8, 9, 10, 22, 23, and 24, Block 7, Shadyside No. 4, Washington County,
Minnesota.
WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said variance at
a duly called public hearing on October 12, 2023, and recommends approval with the
following findings and conditions:
1. The proposed facilities shall be in adherence to the site plan dated September 8,
2023.
2. The proposed variance is permissible by law.
3. The existing rows of trees are to provide screening from the road, and the
proposed location meets all accessory building size and placement requirements,
establishing the accessory building as a reasonable use.
4. The property is constrained by sloping terrain and existing trees. The proposed
location prevents the applicant from needing to grade and removing a significant
amount of existing trees, creating unique circumstances that are not created by the
landowner.
5. The proposed location of the building is well screened by existing trees both from
the street, which does not create a visual disruption relative to the adjacent
properties and road. The requested variance will not alter the essential character
of the neighborhood.
6. There are practical difficulties in meeting the ordinance standards.
7. The spirit and intent of the ordinance for a rear and side yard setback is to require
a minimum amount of space between buildings and the property line. It is the
staff s opinion that there would be a reasonable amount of space between the
accessory building and the property line, although a portion of the addition would
encroach into the rear and side yard setback. The variance as requested meets the
spirit and intent of the ordinance.
8. The use is allowed in the R-1 zoning district.
9. The property is not located within a floodplain area.
10. The property is served by City sewer and water.
Resolution 2023-38
Page 2
11. Prior to the issuance of a Certificate of Occupancy, the property owner shall:
a. Relocate the existing shed such that it meets the 10-foot rear yard setback
that would be approved with this variance request.
b. Remove the concrete slab that exists within the City right-of-way.
c. Enter into an encroachment agreement with the City for the fence that
would require the fence's relocation at the time improvements happen in
the City right-of-way.
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 Hunter and Brayanna Smith to construct a 1,200 square foot
accessory building 10 feet from the rear yard property line, where 30 feet is required by
ordinance, for the property located at 12033 Everton Avenue North.
ADOPTED by the City Council this 6 h day of Noveme201
om Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk