2007-040CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 07-40
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A VARIANCE FOR A SIDEYARD SETBACK
WHEREAS, an application for Variance VN07-2 has been made by John Kosmas for
Jason and Sheila Anderson; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN07-2 was made by John Kosmas for
Jason and Sheila Anderson on May 3, 2007;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
May 29, 2007: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of the City staff were considered;
and
4. Legal description of the parcel is as follows:
Lots 16 to 19, Block 2, FA Savages Interlachen Park
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN07-2 to reduce the 12-foot
sideyard setback to 10.8 feet is hereby approved based on the following Findings of Fact:
1. That because the existing garage has a 10.8 foot setback from the property line
and the second floor addition will be setback the required 12 feet; this will
mitigate the adverse affect on the abutting property.
2. That the expansion of the second floor and the existing home is a reasonable
use that complies with the zoning classification of this property. The literal
enforcement and application of the sideyard setback would prevent that
reasonable use. Because of the unique design of the barrel vault ceiling in the
living room it is not feasible to do a second floor expansion in another
location.
3. That the south wall of the adjacent property to the north is approximately 10
feet from the property line for a total distance between the homes of
approximately 20 feet, which provide adequate space for passage of light, and
air between homes and for fire safely.
4. That literal enforcement of the setback requirements will cause an undue
hardship due to circumstances unique to this property.
BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of
Hopkins, Minnesota, hereby determines that the literal enforcement of the 12-foot sideyard
setback would not cause an undue hardship because of circumstances unique to the subject
property, that the granting of the requested variance to the extent necessary to compensate for
such hardship is in keeping with the intent of the Hopkins City Code, and that the variance of 1.2
feet is reasonable.
Adopted this 5th day of June 2007.
Eu ene .Maxwell, Mayor
ST:
erry Ob'naier, City Clerk