HomeMy WebLinkAbout2013.05.20 RESO 2013-18RESOLUTION 2013-18
APPROVING A VARIANCE FROM THE LOT SIZE REQUIREMENTS IN THE
RURAL RESIDENTIAL (RR) ZONING DISTRICT FOR SCOTT MONTGOMERY ON
THE PROPERTY LOCATED AT 7131132' STREET NORTH
WHEREAS, Scott Montgomery has requested approval of a variance to allow a parcel to be 9.36
acres, where 10 acres is required by ordinance for the property legally described as follows:
See Attached
WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing
on May 9, 2013, and recommends approval and;
NOW, THEREFORE, BE IT HEREBY RESOVLED BY THE CITY COUNCIL OF THE CITY
OF HUGO, MINNESOTA, that it should and hereby does approve the request by Scott
Montgomery a variance to allow a parcel to be 9.36 acres, where 10 acres is required by
ordinance based on the following findings:
1. The requested variance is permissible by law.
2. The applicant is requesting to split the 19.36 acre property into a 9.36 acre parcel and a
10 acre parcel. The 19.36 acre parcel does not look noticeably different than a typical 20
acre parcel. The house and the accessory building are located on the west side on the
proposed 9.36 acre parcel, and with the exception of the lot size it still meets all zoning
requirements. The applicant is asking to create a 10 acre parcel for a residential lot is
reasonable.
3. The size of the parcel is unique in that it is 19.36 acres, 0.64 acres shy of 20 acres. The lot
is smaller than 20 acres because of the location of 132nd Street. When the street was
established it cut through an existing 40 acre parcel and fragmented the lot so the south
side was 29.36 acres. The parcel was then subdivided to create a 10 acre parcel, leaving
the 19.36 acre parcel.
4. The subdivision would create two lots that will be visually consistent with the
surrounding area and will not alter the character of the area.
5. The spirit and intent of the ordinance (lot size) is generally to create enough space for a
dwelling, accessory buildings, sewage treatment systems, wells, driveways and other
elements typically needed or found on large rural residential parcels. The subdivision
meets the spirit and intent of the ordinance.
6. The variance, if granted, will not have the effect of allowing any use prohibited in the
district.
Resolution 2013-18
Page 2
7. The property is not located within a floodplain.
8. The property is not served with municipal sewer and water. Washington County has
approved their proposal for primary and secondary septic systems on both proposed
parcels.
ADOPTED by the City Council this 20th day of May, 2013.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
PARCEL A
That part of the Southeast Quarter of the Southeast Quarts of
Section 28, Townshlp 31 North, Range 21 West, Washington County,
Minnesota, lying Wast of the East 933,75 feet thereof and lying
Southerly of the centerline of 132nd Street North,
Subject to a perpetual easement for drainage and utility purposes,
over, under and across the West 5 feet; the South 10 feet and the
vast 5 feet of the aforementioned described property.
ALSO
Subject to a perpetual easement for drainage and utility purposes,
over, under and across that part of the aforementioned described
property adjoining and lying 10 feet north of a line drown parotid
with and 80 feat south of the following described line:
Commencing at the southwest comer of sold Southeast
Quarts of the Southeast Quarter, thence an an assumed
booting of North 00 degrees 03 minutes 22 seconds West,
along the west line of sold Southeast Quarter of the
Southeast Quarter, a distance of 114249 feet to the point of
beginning of the Ilse to be described; thence South 87
degrees 59 minutes 27 seconds East o distance of 280.15
feat: thence easterly a distance of 455.19 feet along a
tangential wrve concave to the north hating a radius of
1298,70 feet and a central angle of 20 degrees 04 minutes
55 seconds; thence South 88 degrees 04 minutes 22 seconds
East, tangent to sold curve, a distance of 137,89 feet to the
west line of the east 475 feet of said Southeast Quarter of
the Southeast Quarter and sold line there terminating.
The sidelines of said easement are to be prolonged or shortened
to Terminate on said wast lint of the Southeast Quarts of the
Southeast Quarts and the wed line of sold east 933.75 feet of
the Southeast Quarter of the Southeast Quarter.