HomeMy WebLinkAbout2024.11.18 RESO 2024-56 Variance for Deck at 12757 Homestead Drive RESOLUTION 2024-56
APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A DECK
WITHIN THE SHORELAND SETBACK REQUIREMENTS OF SUNSET LAKE
FOR THE PROPERTY LOCATED AT 12757 HOMESTEAD DRIVE NORTH
WHEREAS, Jim and Laurie Stodola have requested approval of a variance to allow
construction of a proposed deck to be located 56 feet from the ordinary high-water level of
Sunset Lake, where a setback of 100 feet is required by ordinance, on property legally
described as follows:
Lot 10, Block 1, Royalhaven Estates, Washington County, Minnesota.
WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said variance at
a duly called public hearing on November 14, 2024, and recommends approval with the
following findings and conditions:
1. The proposed facilities shall be in adherence to the site plan dated September 26,
2024.
2. The proposed variance is permissible by law.
3. The proposed deck would be constructed in-line with the rear of the existing house,
there are existing mature trees that provide screening from the view of neighboring
properties, and the proposed deck meets all other building requirements,
establishing the deck as a reasonable use.
4. The existing house is already located within the minimum shoreland setback, and
construction of the deck in a location that meets the shoreland rules would place
the deck in front of the house, facing the road and significantly altering the view of
the house from the road, creating unique circumstances that are not created by the
landowner.
5. The proposed deck would be located behind the house, and will be screened from
the view of neighboring properties by existing trees. The proposed deck being
constructed in-line with the existing house will not significantly alter the view from
the public water. 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 setbacks within the shoreland ordinance is to protect the
view from public waters from being dominated by buildings. Since the deck will
be constructed in-line with the existing house, the requested variance will not
significantly alter the view of the house from the public water. The variance as
requested meets the spirit and intent of the ordinance.
8. The use is allowed in the RR zoning district.
9. The property is not located within a floodplain area.
10. The property is served by City sewer and water.
Resolution 2024-56
Page 2
11. In order to mitigate the visual impact of the requested variance, all existing trees in
the rear of property are required to remain or replaced if removed.
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 Jim and Laurie Stodola to construct a deck to be located 56 feet from the
ordinary high-water level of Sunset Lake, where a setback of 100 feet is required by
ordinance, for the property located at 12757 Homestead Drive North.
ADOPTED by the City Council this 180'day of November, 2024,'
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk