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IV.8. Variance Extension – 140 11th Avenue North; Lindahl (CR2016-103) October 4, 2016 City Council Report 2016-103 Variance Extension – 140 - 11th Avenue North Proposed Action: Staff recommends the following motion: • Adopt Resolution 2016-070, approving a one year extension of the variance granted to 140 - 11th Avenue North. Overview Butch Johnson and Billee Kraut request a one year extension of the variance granted for their property at 140 - 11th Avenue North. On November 2, 2105, the Hopkins City Council approved Resolution 2016-87, granting a three-foot, 10 17/32 inch side yard setback variance to construct an addition on the south side of the subject property. According to the applicants, they have finished the interior renovation and plan to move into the property next month but need additional time to complete the exterior improvements. As a result, the applicants request a one year extension of the associated variance. Section 525.07, Subdivision 7 states that variance approvals expire after one year if the applicant has not substantially started construction. This same section empowers the City Council to grant a one year extension. Staff recommends approval of this request. Supporting Documents • Resolution 2016-070, approving a one year extension of the variance granted to 140 - 11th Avenue North • Resolution 2015-87 approving a variance for 140 - 11th Avenue South • City Council Report 2015-134 _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2016-103 Page 2 Alternatives 1. Approve a one year extension of the side yard setback variance. By approving the extension, the side yard setback variance approval will be extended to November 2, 2017. 2. Deny a one year extension of the side yard setback variance. By denying the extension, the side yard setback variance will expire on November 2, 2016. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 2016-70 A RESOLUTION APPROVING A VARIANCE EXTENSION FOR 140 - 11TH AVENUE NORTH WHEREAS, Butch Johnson and Billee Kraut initiated an application to extend the approval for the variance for 140 - 11th Avenue North; and, WHEREAS, the procedural history of the application is as follows: 1. On November 2, 2015, the Hopkins City Council approved Resolution 2016-87, approving a three-foot, 10 17/32 inch side yard setback variance to construct an addition on the south side of the existing home at 140 - 11th Avenue North; 2. That an application to extend the variance approval was initiated by Butch Johnson and Billee Kraut on September 26, 2016; and 3. That the Hopkins City Council reviewed this application on October 4, 2016; and, 4. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves a one year extension of the variance for 140 - 11th Avenue North. Adopted this 4th day of October 2016. _______________________ Molly Cummings, Mayor ATTEST: ______________________ Amy Domeier, City Clerk 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: Lot 2 Block 77 West Minneapolis 2nd 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 inch side yard setback variance to construct an addition on the south side of the existing home at 140 11th 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 V. 'ance VN15-4 is hereby approved subject to the following conditions: 1. That the fence and patio are removed from the He nepin County Regional Railroad property. Adopted this 2nd day of November 2015. 4 Eugene . Maxwell, Mayor ATTEST: LeA Amy Domeier, City Clerk October 28, 2015 Council Report 15-134 SIDE YARD SETBACK VARIANCE – 140 11TH AVENUE NORTH Proposed Action Staff recommends the following motion: adopt Resolution 15-87, approving a side yard setback variance at 140 11th Avenue North. At the Zoning and Planning meeting, Mr. Newhouse moved and Mr. Hunke seconded a motion to adopt Resolution RZ15-24, recommending approval of a side yard setback variance at 140 11th Avenue North. The motion was approved unanimously. Overview The applicant at 140 11th Avenue North has requested a 3’ 10 17/32” side yard setback variance to construct an addition. In 1966 the home 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 their property. Parts of the fence and patio are on the HCRRA property. The fence was constructed without a permit. The current home does not have access from the garage into the home. The addition would provide access to the home from the garage. Primary Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • What does the ordinance require? • What are the specifics of the applicant’s request? • What practical difficulties does the property have? • What was the discussion at the Zoning and Planning meeting? Supporting Documents • Analysis of Issues • Site plans • Resolution 15-87 ____________________ Nancy S. Anderson, AICP City Planner Financial Impact: $_____N/A____Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: CR15-134 Page 2 Primary 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-Family High Density. The Comprehensive Plan has designated the site as Low Density Residential. • What does the ordinance require? The ordinance requires an eight-foot side yard setback. • What are the specifics of the applicant’s request? The applicant is requesting a three foot 10 17/32 inch side yard setback. • What practical difficulties does 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 official control; 2. The plight of the landowner is due to circumstances unique to the property, not created by the landowner; and 3. The variance, if granted, will not alter the 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 reviewed the proposed variance. Billee Kraut, the applicant, appeared before the Commission. Ms. Kraut reviewed the proposed variance with the Commission. 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 approving 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 setback variance, 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. Continue for further information. If the City Council indicates that further information is needed, the item should be continued.