VN 88-04 � G
CITY OF HOPKINS
�-
APPLICATION FOR: AMENDMENT OF ZONING ORDINANCE DATE: April 5, 1988
CONCEPT REVIEW
CONDITIONAL USE PERh1IT CASE N0: VN88-4
SUBDIVISION APPROVAL
VARIANCE �_ FEE: $50.00
WAIVER OF PLATTING REQUIREMENTS
DATE PAIO: April 5, 1988
1. Street Location of Property: Part of Lots 6 & 7, Blsk�� HobbY Acres
2. Legal Description of Property:
3. Owner: Name Dan & Kathy Lapham Address 222g Country LanP, Mtk�hone
4. Applicant's Name: Address Phone
5. Description of Request: Front vard setback Varian e -
oning District Use
E. Present Proposed 7. Present Proposed
�3. Reason for Request: To construct a sinqle familv residen�P
P;OTE: If request is for• variance, please also complete attached page.
9. What error, if any, in the existing Ordinance would be corrected by the proposed amendment?
(for Zoning Ordinance amendment only)
10. Exhibits submitted:
Map or plat showing the lands proposed to be changed
Other
11. Acknowledgement and Signature: The undersigned hereby represents upon all of the penalties
of law, for the purpose of inducing the City of Hopkins to take the action herein requested,
that all statements herein are true and that all work herein mentioned will be do�e in ac-
cordance with the Ordinances of the City of Hopkins nd t 1 s of the ta e of M nnesota.
� � �
Signature of Applicant:
,
Signature of Owner: G�
�.-
"�
RECORD OF ACTION TAKEPJ BY PLANNING & ZONING COMMISSION
Application for: Front yard setback Variance Case No: UN88-4
On the Z�_ day of • 19 , the action requested in the foregoing
petition was approved X disapproved�) subject to the following conditions :
CITY COUNCIL ACTION
Approved X Denied by the Council this 3 day of May 19 88 .
Resolution No: R88-29
Special Conditions:
.-..
; �—.SV ' >.-`
� James D. Ke rigan
Planning & Economic Development Director
If you have any further questions as relates to this matter, please call
Nancy Anderson, 935-8474, extension 146. •
--�
Note: A Conditional Use Permit shall expire one year after it has been issued
unless the use for which the permit has been granted is in effect, except
that, upon written application of the owner of the effected land for which
the permit was granted prior to the end of said year may request and the
Council may grant an extension not to exceed one year.
� J
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O P K � N
April 27 , 1988 Council Report : 88-85
�
VARIANCE REQUEST - DAN LAPHAM
Lots 5 & 6 , Block 5 , Hobby Acres
Proposed Action. .
Staff recommends the following motion: That a 15 foot front yard
variance is approved .
Adoption of this motion will allow the applicant to construet a single
family home with a 20 foot front yard setback .
The Zoning and Planning Commission approved a 19 foot front yard
variance on a 3-1 vote .
Overview.
The subject property was purchased by the applicant from the County.
It was a vacant lot remaining following the Highway 18 construction .
The applicant is proposing to construct a single family home on the
lot . Because of the shape of the lot and utility/drainage easement on
the lot , construetion of a home is difficult . The ordinance requires
a 35 foot front yard variance . The applicant is requesting a 19 foot
front yard variance .
Dan Lapham the applicant appeared before the Commission . It saas noted
that the pavement on Wayside Road stops 60-70 feet before the start of
�- the applicants garage.
There was a great deal of discussion over the variance for 19 feet or
15 feet . The staff recommends a 15 foot variance. The applicant
stated that he originally wanted a larger garage but did make it
smaller. The applicant also stated that if the garage was made
smaller it would be more difficult to put a ramp in the garage for his
handicapped daughter. The staff stated that the property does have a
haradship , but that the size of the garage was quite a bit greater
than a normal garage . A lesser variance would be needed if the garage
was made smaller.
Issues to Consider.
o Does the drainage and utility easement restrict the
' placement of the proposed home?
o Does the shape of the. lot present problems with the
placement of the proposed home?
SupportinA Documents .
o Background/Analysis o Location Map
o Alternatives o Resolution
� q �
Nancy . Anderson
Community Development
Analyst
Planning Report : VN88-4
� Page 2
Detailed Back�round .
Name of Applicant : Dan & Kathy Lapham
Address of Property: End of Wayside Road
Present Zoning : R-1 -D
Nature of Request : A 19 foot front yard variance
Reason for Request : The topography , drainage , sewage and access
require less than minimum setback from the abandoned section of
Wayside Road .
The applicant is proposing a 1 , 872 square foot home with a 990 sq . ft .
garage . The applicant has a handicapped daughter so all the living
area will be on one level .
Analysis .
The applicant purchased the subject lot from Hennepin County for the
purpose of constructing a single family dwelling . This lot presents
building problems because of the following:
- the shape of the lot
- the 40 ' drainage/utility easement
- the topography
There is a 40 ' drainage/utility easement on the east side of the
property. The area cannot be built on , so the only buildable area is
`� on the west side of the lot. -
The shape of the lot presents a problem on the West side . The lot is
the narrowest on this side, The lot is the widest on the east side
where the easement is .
The east and south sections of the lot are low which presents drainage
problems when constructing a home .
A home has to be constructed north/south on the lot to take advantage
of the buildable area.
The proposed home will appear to be setback further than it really
will be. The actual paved road stops and the right-of-way area has
grown over with grass . The Director of Engineering has stated that
the cul-de-sae will probably never be moved further south towards the
applicants property.
The applicant is proposing a 39 ' x78 ' home. The garage will be
33 ' x30 ' , which makes this structure 990 square feet . Garages are
usually 22 'x24 ' or 528 square feet. the applicant does have a
handicapped van which needs more width than a normal garage , but the
. width is not the problem in setbacks .
The site is difficult to construct a home on but a very adequate home
�— and garage can be built on the site with a larger front yard setback .
Planning Report: VN88-4
� Page 3
Alternatives .
1 . Grant the 19 foot variance . By granting the variance the
applicant will be able to construct the home as proposed .
2 . Deny the variance . By denying the variance the applicant
would have to make the proposed home smaller by 19 feet .
3 . Grant a 15 foot variance . By granting this variance the
applicant would have to shorten the garage by � feet .
4 . Continue for further information . If the Commission
feels further information is needed , the item should be
continued for a month.
�
��
CITY OF HOPRINS
Hennepin County, Minnesota
�
RESOLUTION N0: 88-29
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLICATION FOR VARIANCE VN88-�
WHEREAS, an application for a Variance entitled
VN88-4 has been made by Dan & Kathy Lapham to construct a
single family home on part of Lots 6 & 7 , Block 5 , Hobby
Acres , with less than the minimum front yard setback .
WHEREAS, the procedural history of the application
is as follows :
1 . That an application for Variance VN88-4 was
filed with the City of Hopkins on April 5 ,
1988 .
2 . That the Hopkins Planning Commission reviewed
such application on April 26 , 1988 .
3o That the Hopkins Planning Commission , pursuant
to mailed notices , held a public hearing on
April 26 , 198 ; all persons present at the
hearing Were given an opportunity to be heard.
4 , That the written comments and analysis of the
� City Staff and the Planning Commission were
considered .
NOW THEREFORE BE IT RESOLVED , that the Hopkins
City Council approves said variance and makes the following
Findings of Fact in respect to VN88-4 :
1 . A unique circumstance is present due to a 40 '
drainage and utility easement on the east side
of the property.
2 . That a hardship exists due to the easement and
the ahape of the lot.
3 . The negative impact of the variance will be
minimized due to the fact the lot in question
is located near an undeveloped right-of-way,
thereby reducing the visual impact of the front
yard setback .
4 . Because of the sound barrier there is no
adverse impact on the surrounding properties .
Adopted this 3rd day of May , 1988 .
�
Donald J. Milbert , Mayor
. , ' � o
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O N
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April 19 , 198$ Planning Report : VN88-4
VARZANCE REQUEST - DAN LAPHAM
Lots 5 & 6 , Block 5 , Hobby Acres
Proposed Action .
Staff recommends the following motion: That a 15 foot front yard
variance is approved .
Adoption of this motion will allow the applicant to construct a single
family home with a 20 foot front yard setback .
Overview.
The subject property was purchased by the applicant from the County.
It was a vacant lot remaining following the Highway 18 construction .
The applicant is proposing to construct a single family home on the
lot . Because of the shape of the lot and utility/drainage easement on
the lot , construction of a home is difficult . The ordinance requires
a 35 foot front yard variance . The applicant is requesting a 19 foot
front yard varianee .
Issues to Consider.
o Does the drainage and utility easement restrict the
� placement of the proposed home?
o Does the shape of the lot present problems with the
placement of the proposed home?
Supporting Documents . �
o Background/Analysis o Location Map
o Alternatives o Resolution
�1� �r
C�� � 1 .
Nancy� . Anderson
Community Development
Analyst
��
Planning Report : VN88-4
Page 2
�
Detailed Background .
Name of Applicant : Dan & Kathy Lapham
Address of Property: End of Wayside Road
Present Zoning : R-1 -D
Nature of Request : A 19 foot front yard variance
Reason for Request : The topography , drainage , sewage and access
require less than minimum setback from the abandoned seetion of
Y7ayside Road .
The applicant is proposing a 1 ,872 square foot home with a 990 sq . ft .
garage . The applicant has a handicapped daughter so all the living
area will be on one level .
Analysis .
The applicant purchased the subjeet lot from Hennepin County for the
purpose of constructing a single family dwelling . This lot presents
building problems because of the following:
- the shape of the lot
- the �0 ' drainage/utility easement
- the topography
There is a �0 ' drainage/utility easement on the east side of the
property. The area cannot be built on , so the only buildable area is
�"� on the west side of the lot.
The shape of the lot presents a problem on the west side . The lot is
the narrowest on this side . The lot is the widest on the east side
where the easement is .
The east and south sections of the lot are low which presents drainage
problems when constructing a home .
A home has to be constructed north/south on the lot to take advantage
of the buildable area.
The proposed home will appear to be setback further than it really
will be . The actual paved road stops and the right-of-way area has
grown over with grass. The Director of Engineering has stated that
the cul-de-sac will probably never be moved further south towards the
applicants property.
The applicant is proposing a 39 ' x78 ' home . The garage will be
33 'x30 ' , which makes this structure 990 square feet . Garages are
usually 22 'x24 ' or 528 square feet. the applicant does have a
handicapped van which needs more width than a normal garage , but the
width is not the problem in setbacks .
The site is difficult to construct a home on but a very adequate home
� and garage can be built on the site with a larger front yard setback .
Planning Report : VN88-4
�
Page 3
Alternatives .
1 . Grant the 19 foot variance . By granting the varianee the
applicant will be able to construct the home as proposed .
2 . Deny the variance . By denying the varianee the applicant
would have to make the proposed home smaller by 19 feet .
3 . Grant a 15 foot variance . By granting this variance the
applicant would have to shorten the garage by � feet .
4 . Continue for further information . If the Commission
feels further information is needed , the item should be
continued for a month.
`�---
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/ �-- FOR YARIA
NCE APPLICATION ONLY
NOTE: The purpose of a variance is to provide relief to a pro ert
S�the strict enforecment of the Zoning Ordinance would cause an�undueW�en
to the property owner or deny reasonable use of the propert . hard-
Hardshi to the applicant is the crucial test. y
on y �n unusual situations which w�ere not fo Yariances wi11 be granted
ance was adopted. Economic situations are seldomnuniquetandZarenra�ej�n-
considered a valid hardship.
Y
Hardship A. .
Explain why strict enforcement of the Zoning Ordinance would cause undu
hardship: _
e
G� -
�onditions 6.
What are the special conditions (shape of lot, exceptional topographic
conditions, etc.) of this request that are unique to th�s property and
do not app�y generally to other properties in the district?
�
List of Homeowners —
� Contacted by Applicant C.
Submit a list of names and addresses of neighbors contacted.
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CITY OF HOPKINS
Hennepin County, Minnesota
� RESOLUTION N0: 88-29
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLICATION FOR VARIANCE VN88-4
WHEREAS, an application for a Variance entitled
VN88-4 has been made by Dan & Kathy Lapham to construct a
single family home on part of Lots 6 & 7 , Block 5 , Hobby
Aeres , with less than the minimum front yard setback .
WHEREAS, the procedural history of the application
is as follows:
1 . That an application for Variance VN88-4 was
filed with the City of Hopkins on April 5 ,
1988 .
2. That the Hopkins Planning Commission reviewed
such application on April 26 , 1988 •
3 . That the Hopkins Planning Commission , pursuant
to mailed notices , held a public hearing on
April 26 , 198 ; all persons present at the
hearing xere given an opportunity to be heard .
�4 . That the written comments and analysis of the
City Staff and the Planning Commission were
�'" considered .
NOW THEREFORE BE IT RESOLVED , that the Hopkins
City Council approves said variance and makes the following
Findings of Fact in respect to VN88-4 :
1 . A unique eireumstanee is present due to a 40 '
drainage and utility easement on the east side
of the property.
2 . That a hardship exists due to the easement and
the shape of the lot .
3 . The negative impaet of the variance will be
minimized due to the fact the lot in question
is located near an undeveloped right-of-way,
thereby reducing the visual impact of the front
yard setback .
� . Because of the sound barrier tbere is no
adverse impact on the surrounding properties .
Adopted this 3rd day of May , 1988 .
�
Donald J. Milbert , Mayor