CR 07-035 Parking Variance-9 7th Ave SG~TY OF
HOPKINS
March 28, 2007 Council Report 07-35
PARKING VARIANCE - 9 SEVENTH AVENUE SOUTH
Proposed Action
Staff recommends the following motion: Move to adopt Resolution 07-24, approving reducing
parking spaces by five at 9 Seventh Avenue South.
At the Zoning and Planning meeting Mr. Hatlestad moved and Ms. Newcomb seconded a motion
to adopt Resolution RZ07-6, recommending approval of reducing parking spaces by five at 9
Seventh Avenue South. The motion was approved unanimously.
Overview
Hopkins Village Apartments is proposing to construct an outdoor patio area. It is proposed that
it will be constructed adjacent and accessible from the building's community room. The
community room is located on the northeast side of the building. The parking area is located on
the east side of the building. Hopkins Village Apartments has 161 units. If the building were to
be constructed under today's ordinance, the building is required to have two spaces per unit or
322 spaces. The site has 157 parking spaces, well below the required. Parking has never been
an issue with this building.
Primary Issues to Consider
• What does the ordinance require?
• What are the specifics of the applicant's request?
• What is the staff's recommendation?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents
• Analysis of Issues
• Site Plan
• Resolution 07-24
r
ancy .Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR07-35
Page 2
Primary Issues to Consider.
What does the ordinance require?
The ordinance requires two parking spaces per unit.
What are the specifics of the applicant's request?
Hopkins Village Apartments ,would like to construct an enclosed patio on the northeast side of
the building and remove five parking spaces. The patio will be concrete surface surrounded by a
six foot ornamental metal fence. The gate will be an exit only locking gate. Landscaping will
surround the patio on three sides.
What is the staff s recommendation?
The Zoning Ordinance states the following: a variance is a modification or variation from the
provisions of this code granted by the board and applied to a specific parcel of property because
of undue hardship due fo circumstances peculiar and unique to such parcel. The Zoning
Ordinance also states the following: that the Commission must find that the literal enforcement
of the provision of the Zoning Ordinance would cause an undue hardship because of
circumstances unique to the individual property under consideration and that the granting of a
variance to the extent necessary to compensate for said hardship is in keeping with the intent of
this code.
The parking requirement does not seem to fit this building. The building has less parking spaces
than units and still there has never been a parking issue since the building was constructed.
There is no indication that parking will be an issue in the future.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the parking variance. Ted Benson, representing Hopkins Village
Apartments, appeared before the Commission. Mr. Benson stated that they have wanted to do
this for a long time and now they think they have the funds to proceed. Mr. Aarness asked if
they could do more landscaping. Mr. Hatlestad asked if the patio could be bigger. Funding is an
issue for the project, and if there are additional funds these suggestions will be considered.
Alternatives.
1. Approve the variance. By approving the variance, the applicant will be able to construct the
patio as City Council will consider a recommendation of approval.
2. Deny the variance. By denying the variance, the applicant will not be able to construct the
patio as proposed. If the City Council considers this alternative, findings of fact will have to
be stated that support this recommendation.
•
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 07-24
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A PARKING VARIANCE
WHEREAS, an application for Variance VN07-1 has been made by Theodore Benson,
representing Hopkins Village Apartments; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN07-1 was made by Theodore Benson,
representing Hopkins Village Apartments on February 23, 2007;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
March 27, 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 1 to 10 including and lots 40, 41 and 42 including
adjacent 1/2 of vacated alleys excluding alley
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN07-1 to reduce the parking by
five spaces is hereby approved based on the following Findings of Fact:
1. That the reduction of five parking spaces will not impact the overall parking
for the building.
BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of
Hopkins, Minnesota, hereby determines that the literal enforcement of reducing the parking
spaces would 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, that the reduction of five
parking spaces is reasonable and that granting of the variance will not alter the essential
character of the area in which it is located.
Adopted this 3rd day of Apri12007.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk