V. 5. Planning Application 2018-11-VA Gambucci Setback Variances
July 24, 2018 Planning Application 2018-11-VA
Gambucci Lot Variance for PID 23-177-22-14-0053
Proposed Action: Staff recommends the Planning & Zoning Commission adopt the following
motion:
Move to adopt Planning & Zoning Resolution 2018-09, recommending the City Council
deny the variance requests from Troy Gambucci the unaddressed parcel on 21st Avenue
North with Property Identification Number (PID) 23-117-22-14-0053
Overview
The applicant, Troy Gambucci, requests lot width and side yard setback variance to allow
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construction of a single family home on the property located at the southeast corner of 21
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Avenue North and 4 Street North. These variances include a lot width variance from 35 feet to
33.3 feet and a south side yard setback variance from 8 feet to 5 feet. Based on the findings
detailed below, staff concludes the applicant has not demonstrated a practical difficulty with
meeting the City zoning requirements as required by Minnesota State Statute 462.357,
Subdivision 6. As a result, staff recommends the City deny the applicant’s request.
Primary Issues to Consider
Background
Legal Authority
Variance Review
Supporting Documents
Planning & Zoning Commission Resolution 2018-09
Applicant’s Narrative
Site Location Map
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Picture of 349 21 Avenue North from 1960
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West Minneapolis 3 Division Plat
Plans and Building Elevations
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/ABudgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
Planning Application 2018-11-VA
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Background. The subject property was platted as Lot 30, Block 4, West Minneapolis 3
Division in 1888. In 1951, Stalla Wynkoop purchased the subject property and the four
contagious lots to the south (Lots 26, 27, 28, 29 and 30). That same year Ms. Wynkoop built a
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house at 349 21Avenue North(Lots 29 & 28) leaving Lot 30 to the north (the subject
property)and Lots 26 & 27 to the south vacant. In 1999 Stella Wynkoop conveyed all 5
properties to Kurtis Wynkoop. City records seem to indicate that all five lots were in common
ownership by the Wynkoop family and functioned as one property from 1951 until 2002. In
2002 Kurtis Wynkoop conveyedall 5 properties to a real estate company owned by the
applicant’s family, Once Land Development Company.
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That same year, One Land Development Companyconveyed the original house at 349 21
Avenue North and the subject property to the applicant’s mother, Pamela Karaholios,and sold
the 2 remaining vacant lots to the south (Lots 26 & 27) to a builder who constructed a new
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single family home on it in 2012. In 2013, Ms. Karaholios sold the original house 349 21
Avenue North to Peter J Anderson Sr. Trustee which continues to operate as a rental property.
In 2014, Ms. Karaholios sold the subject property to the current applicant(her son), Troy
Gambucci. Based on this timeline, the subject property has been owned by the applicant’s
family since 1999.
Legal Authority. City review of variance applications is a Quasi-Judicial action. Generally, if
the application meets the review standards, the variance should be approved. The standards for
reviewing variances are detailed in Minnesota State Statute 462.357, Subdivision 6. In Summary,
variances may be granted when the applicant establishes there are "practical difficulties" in
complying with the zoning regulations. A practical difficulty is defined by the four questions
listed below. Economic considerations alone do not constitute a practical difficulty. In addition,
under the statute, the City may choose to add conditions of approval that are directly related to
and bear a rough proportionality to the impact created by the variance.
Variance Review. Staff has reviewed the variance requests against the standards detailed in
Minnesota State Statute 462.357, Subdivision 6 and finds they do not demonstrate a practical
difficulty. As a result, staff recommends the City deny the applicants request. The standards for
reviewing a variance application and staffs findings for each are provided below.
1. Is variance in harmony with purposes and intent of the ordinance?
Finding: The requested variances arenot in harmony with the purpose and intent of theR-1-A
district.The performance standards for this district are detailed in City Code Section 530.05 –
Standards for the R Districts. According to this table, parcels in the R-1-A district must be a
minimum of 50’ wide and 6,000 square feet in size. By comparison, the subject property is 33.3’
wide and 4,395 square feet in size.These dimensions are only 66% of the minimum required
width and 73% of the required size.In addition to the typical minimum standards, Section
520.05 provides specific exceptions for lots in the R-1-A district that are between 35’ and 40’
wide. Since this lot is only 33.3’ wide, these exceptionsdo not apply.
2. Is the variance consistent with the comprehensive plan?
Finding: The requested variances are inconsistent with thecomprehensive plan. The Future
Land Use Map guides the subject property as LDR – Low Density Residential. According to the
narrative for this land use classification, it allows for single family detached residential dwelling at
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1 to 7 units per acre. According to Hennepin County, the subject property is 4,395 square feet
in size. Development on lots at this size would produce a development pattern at 9.9 units per
acre (43,560/4,395=9.9) and exceed the allowable density for the LRD - Low Density
Residential category.
Chapter 4 of the 2030 Comprehensive Plan – Land Use and Development details the rationale
behind the City’s land use plan. This narrative supports the preservation and protection of the
City’s existing residential neighborhoods. The requested variance would allow development
inconsistent with the City’s land use plans.
The Land Use and Development chapter states the City regards the preservation and protection
of its existing residential neighborhoods as one of its most important priorities. The City will
work to protect land use patterns that continue to support single family homes.
A balanced supply of housing is important to Hopkins’ efforts to serve the needs of a broad
range of residents. The land use plan identifies landuse patterns that will supportavarietyof
residential uses including medium to high density uses, such as condos, townhomes and
apartments.
In order to address residential land use patterns, Hopkins will:
Work to protect the integrity and long-term viability of its low-density residential
neighborhoods and strive to reduce the potential negative effects of nearby commercial or
industrial land through zoning, site plan reviews, and code enforcement.
Ensure that the infilling of vacant parcels and the rehabilitation of existing developed land
will be in accordance with uses specified in the Comprehensive Plan.
Ensure that incompatible land uses will be improved or removed wherepossibleandthe
landreusedinconformancewiththe Comprehensive Plan.
Work to assure strong and well-maintained neighborhoods.
Work to enhance a variety of residential land uses in the City.
Work to balance the supply of multiple family residential uses within the City.
3. Does proposal put property to use in a reasonable manner?
Finding:The proposal does not put the property to use in a reasonable manner. As detailed
above, the requested variances are inconsistent with the comprehensive plan and not in harmony
with the purpose and intent of the R-1-A district. Furthermore, the setback reduction is
unreasonable considering that the parcel to the south has a front door and substantial windows
that face north. One purpose of setbacks is to protect neighboring parcels and provide privacy
and access to natural light and space. In this case, Mr. Gambucci is seeking to reduce a setback
requirement that is already a relatively modest 8 feet. It would reduce the setback by
approximately 33% and decrease the amount of space, light, and visibility provided to the
property to the south. Therefore, the requested variance can be categorized as unreasonable in
this respect.
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4. Are there unique circumstances to the property not created by the landowner?
Finding: There are not unique circumstances to the property that were not created by the
landowner. Under this standard, the applicant must demonstrate the issues that prevent him
from developing the subject property were caused by circumstances unique to the property that
were not caused by him. While the R-1-A minimum lot size and setback standards prevent Mr.
Gambucci from building a home without a variance, these requirements were in place when he
purchased the property in 2014. Furthermore, the title history for the subject property suggests
it has been owned by the applicant’s family since 1999. Therefore, it is reasonable to assume the
applicant should have known the lot was unbuildable.
In addition, the subject property’s assessment history and purchase price indicate it had little
value and lend further support to the conclusion it was unbuildable. The applicant payed
$15,000 for the property in 2014. And the appraised tax value has been around $12,000 for
many years. Mr. Gambucci has only been paying a small amount in taxes each year (around
$500/year). If this were a buildable lot in the city of Hopkins, it would be worth far more than
$12,000 - 15,000 and taxes would be much higher. Based on all of this, it’s clear that the
applicant knew (or at least should have known) that these limitations existed. Accordingly, the
situation that he finds himself in today was caused by his own doing.
5. Will the variance, if granted, alter the essential character of the locality?
Finding. Granting the requested variance would alter the essential character of the surrounding
area. This standard evaluates if the proposed variances would produce a development that is
“out of scale, out of place, or otherwise inconsistent with the surrounding area.” The subject
property is located on a block that includes 12 properties. An analysis of those 12 properties
finds they have an average width of 101’ and an average lot size of 15,172 square feet. Lots of
this width and size allows for larger homes with wide frontages that includes both a house and
an attached garage and relatively low building coverage. Granting the requested variances would
allow the subject property to develop with a smaller house, lesser setbacks and denser lot
coverage. This design would be inconsistent with both the development pattern ofthe overall
R-1-A district as well asthe contiguous block and wouldalter the essential character of the
surrounding area.
Alternatives
1.Recommend approval of the variance application.By recommending approval of these
applications, the City Council will consider a recommendation of approval.Should the
Planning & Zoning Commission considers this option, it must also identify specific options
that support this alternative.
2.Recommend denial of the variance application. By recommending denial of the variance
application, the City Council will consider a recommendation of denial.
3.Continue for further information. If the Planning Commission indicates that further
information is needed, the items should be continued.
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
PLANNING & ZONING COMMISSION RESOLUTION 2018-09
RESOLUTION RECOMMENDING DENIAL OF VARIANCE REQUESTS FROM
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TROY GAMBUCCI FOR THE UNADDRESSED PARCEL ON 21 AVENUE NORTH
WITH PROPERTY IDENTIFICATION NUMBER (PID) 23-117-22-14-0053
WHEREAS, the City of Hopkins
existing under the laws of the State of Minnesota; and
WHEREAS, Troy Gambucci a vacant, unaddressed
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parcel of real property located on 21 Avenue North and legally described below:
Lot 30, Block 4, West Minneapolis Third Division, Hennepin County, Minnesota.
; and
WHEREAS, the Property is zoned R-1-A, single- and two-family high density residential;
and
WHEREAS, the Applicant purchased the Property from his mother, Pamela Karahalios, in
2014 for approximately $15,000 and the Property has always appraised at less than that amount for
purposes of real estate taxes; and
WHEREAS, until the Property was conveyed to the Applicant by his mother in 2014, it was
predominantly held in common ownership with the parcel to the south, which contains a single-family
residence; and
WHEREAS, the single-family residence to the south faces north directly toward the Property
and utilized the Property as a front yard and driveway in the past, though its driveway was eventually
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reconfigured to provide access from 21 Avenue North; and
WHEREAS, the City has adopted a zoning ordinance and other official controls for reasons
that include, but are not limited to, protecting the character of properties and areas within the
community, promoting the proper use of land and structures, fixing reasonable standards to which
buildings, structures and land must conform for the benefit of all, and prohibiting the use of buildings,
structures and lands in a manner which is incompatible with the intended use or development of lands
within the specified zones; and
WHEREAS, the width of the Property is 33.36 feet and, although Section 530.05 of the City
Code requires a minimum lot-width of 50 feet in the R-1-A district, the grandfather clause contained
in Section 520.05, subd. 1 of the City Code relaxes that requirement to 35 feet for certain lots so long
as all other ordinance requirements are met; and
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WHEREAS, Section 530.03, subd. 2(c) of the City Code requires that single-family
dwellings in the R-1-A district be at least 20-feet wide and contain side setbacks of at least eight feet;
and
WHEREAS, pursuant to the aforementioned code provisions, the Applicant has made a
request to the City for a lot-width variance and a side setback variance in order to construct a single-
family dwelling on the Property that meets the requirement that a single-family dwelling have a
minimum width of 20 feet; and
WHEREAS, pursuant to Minnesota Statutes, section 462.357, subd. 6(2), ariances shall
only be permitted when they are in harmony with the general purposes and intent of the ordinance
and when the variances are consistent with the comprehensive plan. Variances may be granted when
the applicant for the variance establishes that there are practical difficulties in complying with the
zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means
that the property owner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance; the plight of the landowner is due to circumstances unique to the property not
created by the landowner; and the variance, if granted, will not alter the essential character of the
locality. Economic considerations alone do not constit and
WHEREAS, on July 24, 2018, pursuant to the procedural requirements contained in Section
525.07 of the City Code, the Hopkins Planning and Zoning Commission held a
opportunity to be heard. The Commission also took into consideration the written comments and
analysis of City staff; and
WHEREASrequest and his submissions, the written
staff report, and after careful consideration of all other written and oral comments concerning the
requested variances, the Commission makes the following findings of fact with respect to the
aforementioned criteria provided in Minnesota Statutes, section 462.357, subd. 6(2):
1. Is the variance in harmony with the general purposes and intent of the
ordinance?
Finding: The requested variances are not in harmony with the purpose and intent of the
from established minimum lot standards. Additionally, the grandfather clause that the
Applicant seeks to have applied to the Property expressly applies only to lots that
otherwise meet all zoning requirements, a condition that the Property clearly fails to
adhere to.
2. Is the variance consistent with the comprehensive plan?
Finding: The requested variances are inconsistent with the comprehensive plan. The
Property is guided long-term for low density residential and, accordingly, to allow
development on lots of this nominal size would produce a development pattern that far
exceeds the allowable density for that category. The requested variances would further
fail to adhere to the goal of preserving and protecting the existing
residential neighborhoods.
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3. Does the proposal put the Property to use in a reasonable manner?
Finding: The proposal does not put the Property to use in a reasonable manner. The
Applicant is seeking to utilize an already relaxed lot-width requirement and further
requests relief from a modest eight foot setback requirement. The proposal would
substantially reduce the setback by approximately 33% - and decrease the amount of
space, light, and visibility provided to the surrounding properties, one of which directly
faces the Property.
4. Are there unique circumstances to the Property not created by the Applicant?
Finding: There are no unique circumstances to the Property that were not created by the
Applicant. The applicable R-1-A standards were in place when the Applicant purchased
the Property in 2014. The Property has always been taxed at a nominal rate that is far
less than that of which would otherwise be owed on a buildable parcel in the City. Those
facts, along with numerous other factors outlined in the staff report, indicate that the
Applicant had ample reason to know that a single-family residence could not be
constructed on the Property. Additionally, the Property and the adjacent parcel to the
south have been controlled by the Applicant family for many years. By removing the
Property from common ownership with the parcel to the south, the Applicant and his
family unilaterally created what is now a standalone, unbuildable lot.
5. Will the variances, if granted, alter the essential character of the locality?
Finding: Granting the requested variance would alter the essential character of the
surrounding area. would be inconsistent with both the
development pattern of the overall R-1-A district as well as the contiguous blocks
surrounding the Property, thus resulting in a dwelling that would be out of scale, out of
place, and entirely inconsistent with the surrounding area. Moreover, it would result in
the single-proposed structure.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the
City of Hopkins that the recitals set forth in this Resolution are incorporated into and made part of
this Resolution, and more specifically, constitute the express findings of the Commission.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Planning and Zoning
Commission of the City of Hopkins that based on the findings of fact contained herein and the failure
of the Applicant to meet any of the five required criteria, the Commission hereby recommends that
the City Council of the City of Hopkins deny .
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Adopted this 24 day of July, 2018.
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James Warden, Chair
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