CR 05-105 Variance Oak Ridge Condos
CITY OF
m
HOPKINS
July 27,2005
Council Report 05-105
V ARlANCE - FRONT AGE OAK RlDGE PLACE II
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 05-69. approving a
variance for a lot with no frontage on a public right-of-way for Oak Ridge Place II.
At the Zoning and Planning meeting Mr. Aamess moved and Ms. Halverson seconded a
motion to adopt Resolution RZ05-23, recommending approval of a variance for a lot
with no frontage on a public right-of-way for Oak Ridge Place II. The motion was
approved unanimously.
Overview.
The applicant, Halley's Custom Homes, Inc., is proposing to construct 14-16 for-sale,
one and two-bedroom condos north of the United Methodist Church located on Highway
7. The subject Jot currently has Eisenhower Community Center located on the west side
of the site.
Access to the site has been reviewed and the public works department has recommended
that the site use the existing private road for access to the site. The proposed lot will
have no access on a public right-ofway.
Primary Issues to Consider.
· What does the ordinance require?
· What are the specifics of the applicant's request?
· What special circumstances or hardship does the property have?
· What was the discussion at the Zoning and Planning meeting?
Supporting Docnments.
. Analysis of Issues
. Site Plans
· Resolution 05-69
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'N;~lderson. AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR05-105
Page 2
Primarv Issues to Consider.
. What does the ordinance require?
Section 560.19 Frontage. No residence shall hereafter be erected upon any lot unless
such lot abuts upon an improved public right-of-way for at least 35 feet and provides
access to the lot from this right-of-way unless it is located within an approved P.U.D.
. What are the specifics of the applicant's request?
The applicant is requesting a variance to the proposed lot not to have frontage on a
public right-of-way.
. What special circumstances or hardship does the property have?
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 to 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.
In this case, the applicant does have an undue hardship that is unique to the property.
The private access will serve only two parcels of low density condos, and from a public
works standpoint to have a public road to maintain does not make sense. One condition
of the variance will be that there is a permanent easement to the private road.
. What was the discussion at the Zoning and Planning meeting?
Ms. Anderson stated that the City Engineer did not want a public road for this
development. The proposed development will use the existing private road from Mr.
Halley's first development. No one in the audience appeared regarding the variance.
Alternatives.
1. Approve the variance. By approving the variance, the applicant will be able to
construct the condos as proposed.
2. Deny the variance. By denying of the variance, the applicant will have to construct a
road to the lot. If the City Council considers this alternative, findings of fact will
have to be stated that support this recommendation.
CR05-105
Page 3
3. Continue for further information. If the City Council indicates that further
infonnation is needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: R05-69
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A VARIANCE FOR A LOT NOT HAVING FRONTAGE ON A PUBLIC
RIGHT-OF-WAY
WHEREAS, an application for Variance VN05-5 has been made by Mike Halley; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN05-5 was made by Mike Halley on
June 24, 2005;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
July 26,2005: 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:
Lot 2 Block I Oak Ridge Place 2nd Addition
NOW, THEREFORE, BE IT RESOLVED that application for Variance VN05-5 IS
hereby approved based on the following Findings of Fact:
I. That the City is not required to maintain a public road to the subject parcel
2. That a private road will service both lots.
3. That the parcel will have a permanent easement to the private road.
BE IT FURTHER RESOLVED that application for Variance VN05-5 is hereby
approved based on the following conditions:
1. That the final plat is approved.
2. That the park dedication fee is paid.
3. That the site plan is approved to construct the condo building.
4. That the property is rezoned from Institutional to R-5.
5. That the property has the Comprehensive Plan designation is amended from
Institutional to High Density Residential.
6. That there is a permanent easement from the lot to the private road.
Adopted this 3rd day of August 2005.
ATTEST:
Eugene J. Maxwell, Mayor
Terry Obelmaier, City Clerk
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DENOTES BOUNDARY UN;-
DENOTES PROPOSED RETAlN1NG WALl-
DENOTES PROPOSED B 612 CURB &: GIJi'lER
DENOTES EXISTING aUILDlNG
PENOTES PROPOSED BUILDING
APPROXIMATE lOCA110N OF MINIl.(Ut.I 20' WlO;:
ROAD EASE/.lENT TO BE DEDICATED TO THE CITY.
WARNING
THE: CON1R.&.CTOR SHAU. CONTACT ALL ?uauc um..mES
FOR LOCA.TIONS OF ALL. UNDERGROUND WIRES. CAe-ES.
CONDUITS. PIPES. MANHOlLS, VALVES, OR OTHER BURIED
STRUCTURES BEFORE DIGGING. HE SHAll. REPAIR OR
REPLACE THE ABOVE WHEN MMAGEO CURING
CONSTRUCTION AT NO COST TO OWNER.
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DEVELOPMENT SUMMARY
TOTAL srrE AREA .. 60,048 SQ. fT. OR 1.J8AC.
LOT1 _ 51,896 SQ. fT. OR 1.19 AC.
OUTLOT A .. 4.740 SQ. Fr. OR 0.11 AC.
CUnDT B ... :3,412 SQ. F.T. OR 0.06 AC,
PARKING SUMMARY
PARKING STALLS 16
UNDER GROUND PARKING STA1.l.S 50
TOTAL PARKING $TAUS PROVIDED 66
SETBACKS:
BUILDING .
FRONT; 15.0'
'''''' 15.0'
SIDE; 20.0'
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EISENHOWER
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COMMUNITY
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LOT
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Project NameILocatil)l1:
Oak Ridge Placa
= Hopklnll, Mlnn..ot.
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Site Plan
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Hallay's Custom Homes, Inc.
1421 E. w."ut. Blvd-, Suit. 230
_.rub, IIN 55391
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