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VII.2. Side Yard Setback Variance – 140 11th Ave. N; Anderson (CR2015-134)October 28, 2015 Council Report 15-134 SIDE YARD SETBACK VARIANCE — 140 11TH AVENUE NORTH Pronosed Action Staff recommends the following motion: adopt Resolution � 5-87, approving a side y�rd setback varia�ce at 140 11 th Avenue North. At the Zoning and Plaru�ing me�tin�;, Mr. Newhouse moved and Mr. Hunke seconded a motion to adopt Resolution RZ15-24, recornrnending approval of a side yard setback variance at 140 l lth Avenue North. The rnotian was approved unanimously. �verview The applicant at 140 l 1`h Avenue North has requested a 3' 10 17/32" side yard se#back variance to const�ct an addition. In 1966 the home was granted a side yard setback variance to constr�uct a garage on the south side of the property, The property abuts the Hennepin County Regional Raiiroad Authority'� (HCRRA} property. The new prop�rty owner assumed that the fence and patio were on their praperty. Parts of the fence and patio are on th� HCRRA property. The fence was constructed withaut a perrnit. The current hame does not have access from the garage into the home. The addition would provide access to the home frorn the garage. Primary Issues to Consider � Wk�at is the zoning of the property, and haw has the Coraprehensive Plan designated the subject site? • What does the ordinance require? • What are the specifics of the applicant's request? � What practieal difficulties does the property have? � What was the discussion at the Zaning and Plannin� meeting? SuAAartin� Documents • Analysis of Issues • Site plans • Resolution 15-87 Nancy Anderson, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N Source: Rel�ted Docurnents (CIP, ERP, etc.): No�es: CR15-134 Page 2 Primarv Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The subject property is zoned R-1-A, Single and Two-Farnily High Density. The Comprehensive Plan has designated the site as Low Density Residential. • What does the ard�nance require7 The ordinance requires an eight-foot side yard setback. • What are the specifics of the applicant's request? The applicant is rec�uesting a thre� foot 10 17132 inch sid:e yard setback. • What practical difficulties dQes the property have? The new state statute requires three standards for the granting of a variance. The three requirements are: 1. Practical difficulties cited in connection with the granting of a variance, i.e., property owner proposes to use the property in a reasonable manner not permitted by an offcial control; 2. The plight of the lanaowner is due ta circumstances unique to the property, not created by the landawner; and 3. The vanance, if granted, will not alter ihe essential character of the locality. The applicant meets the requirements to grant a variance. • What was the discussion at the Zoning and Planning meeting? Ms. Anderson revrewed the praposed variance. Billee Kraut, the applicant, appear�d befare the Commissian. Ms. Kraut reviewed the proposed variance with the Comrnission. Ms. Kraut stated that there was a variance granted in the past for the garage and they would like to follow the same setback for the addition. No one appeared at the meeting regarding this item. Alternatives 1. Approve the side yard setback variance. By approv�ng the side yard setback variance, the applicant will be able to construct the addition as proposed. 2. Deny the side yard setback variance. By denying the side yard sethaek vanance, the applicant will not be able to construct the addition as proposed. If the City Council CR15-134 Page 3 considers this alternative, findings will have to be identified that support this alternative. 3. Cantinue for further information. If the City Council indicates that further information is r�eeded, the item should be continued. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2015-087 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SIDE YARD SETBACK VARIANCE WHEREAS, an application for Variance VN15-4 has been made by Howard Johnson and Billee Kraut; and, WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN15-4 was made by Howard Johnson and Billee Kraut on September 25,2015; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on October 27, 2015: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of the City staff were considered. 4. The legal description is as follows: nd Lot 2 Block 77 West Minneapolis 2 Division NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, that application VN15-4 for a three-foot, 10 17/32 inchside yard th setback variance to construct an addition on the south side of the existing home at 140 11 Avenue North is hereby approved based on the following Findings of Fact: 1.That there exists a practical difficulty because of the location of the existing home. 2.That the variance will not alter the essential character of the surrounding area. 3.That the landowner did not create this circumstance. 4.In 1966, the property was granted a side yard setback variance to construct a garage on the south side of the property. The property abuts the Hennepin County Regional Railroad Authority’s (“HCRRA”) property. The new property owner assumed that the fence and patio were on the property. Parts of the fence and patio are on the HCRRA property. 5.The property does not have access from the garage into the home. The proposed addition would provide access to the home from the garage. BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of Hopkins, Minnesota, hereby determines that the literal enforcement of the side yard setback would cause practical difficulties because of circumstances unique to the subject property, that granting of the requested variance to the extent necessary to compensate for such practical difficulties is in keeping with the intent of the Hopkins City Code, and that the side yard setback variance of three feet 10 17/32 inches is reasonable. BE IT FURTHER RESOLVED that application for Variance VN15-4 is hereby approved subject to the following conditions: 1.That the fence and patio are removed from the Hennepin County Regional Railroad property. Adopted this 2nd day of November 2015. _______________________ Eugene J. Maxwell, Mayor ATTEST: ______________________ Amy Domeier, City Clerk �� 1`�� ►�'+�J� ��1��.�' c� �1��`�1�� 1�T� �'�`� 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Ft�one (952} 474 7964 www.advsur.com �URVE� Fox: �� U�'' suxv��D: A�gust 24, �a� s �I3I�RES�: 140 l ith Avenue Nartt�, Hopkins, MN DRAFTED: August 24, 201 S LEGAL DESCRIPTION: Lot 2, Block 77, West Nfinneapolis 2nd Divisic�n, Hennepin County, M�esota. SCOPE �F WORK: l. Showing the length and directian of boundary lines of the abc�ve legal description. The scope af our services does not inciude determiniung what you own, which is a lega� matter. Please check the iegal descrip�ion wit� your rec�rc�s or consuIt with competent iegal caunsel, if necessary, to make sure that it is carrect, and that any matters af recQrd, such as easemen�s, that you wish shawn on the survey, �:a.��e b�en sho�vn. 2. Showing the locatian of existing impr�verrien#s we deemec2 imprsrtant. 3. Settin� new monuments or verifying old rnonuments �o mark the carners of the property. STANDARD SYMBOLS & CONVENTIONS: "•" Denotes 1/2" ID pipe with plastic piug �iearir�g State License Number 9235, set, unless otherwise noted. CERTIFICATION: I hereby certify that this plan, specification, repart or s�trvey was prepared by me or under my direct supervision ar�d that I am a��censed Professional Engineer and Professionai Surveyar �nder the � Iaws of the Sta#e of Minnesota. Signature: a�imR�,, ,I(,. U'qh�,Qh, Date: Au �st 24 2015 Typed Name: James H. Parker Reg. No. 9235 W �4 �� ...[� S ��J�'6��" rr � v�� \ � \ � � � � � � � � GRAPHIC SCALE . . � � .. ■■ � � � � � �� {n�r��r) .\ 5,��2 ��.3 �� S � � �� Drw, No. 15�777 TB T _� � ,�,a [ e� Z .�,z .o-.z ?' ` x � � � n g".£ Y ��O- � � � a y � � 4 � � a� � � -' °�- � ° � 4� •sk � 1 ��s � � � '� � � �r � a� �1 � , �� r . „ si�S : •, 9�� {r C ��,� f�9 �G �/ � �� of � � � � � � � _ �,