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VN 87-01 � - - CITY OF HOPKINS - : - " � APPLTCATION FOR: AMENDMENT OF ZONING ORDINANCE .. DATE: /�- �D--��� . _ _ -- CONCEPT REVI EW - � CONDITIONAL USE PERPIIT �_ CASE N0: YN � �7— / SUBDIVISION APPROVAL � � VARIANCE . . �_- � FEE: r^ �.r/'. WAIYER OF PLATTING REQUIREMENTS - - . . - � . DATE PAID: /— �= �C 1. Street Location of Property: 24i Fifth Avenue North, Hopkins, MN 55343 � 2. Legal Description of Property: pzn # 24 117 22 14 0007 . 3. OWner: � L�;,; �t 1 to 4 including and ^oimmencing at the 938-7661 4. Applicar north��est cozner of Lot 17, thence 50 feet �o southwest corner of Lot 12, thence east 133.58 feet, thence northerly 938-8781 5. Descriptio, `�O southeaet c�rner of Lot 15, thence nc�theasterlq to a ` in sout.�westerly line of road, distanee 12.5 feet � neasterly from northea�t corner oP Lot 17, thence Zoning Distric thwesterly to beginning. 6. Present ri vNu�cu i . rre�en� � � vNv.�cu �-- R1-C R1-C Church Church � . .. . _ . .__ _ . _ . . . _. � 8. Reason for Request: Required to build addition NOTE: 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) . 190TE: Consideration for corner lot use. PUD not allowed for R-1 di,stricts. 10. Exhibits submitted: � Map or plat showing the lands proposed to be changed see site plan attached. . 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 requestec that all statements herein are true and that all work herein. mentioned will be done. in ac- cordance with the Ordinances of e City of Ho tn nd the laws of the State of Minnesota. � Signature of Applicant: � � Signature of Owner: �� ��L�../ , r ��_� RECORD OF ACTION TAKEN BY PLANNING & ZONING COMMISSIOfd �' Da te: 1/27/87 Application for Sidevard setback Variance CASE N0: VN87-1 . . . . . ,� PLANNING COMMISSION RECOh1MENDATIONS - � _.._ _ . . _ . ,. . On the 27 day of Januar � - 1S67 , the "action requested in the foregoing petition �was approved (X) disapproved subject to the following condition • Recommend to Council approval. of Variance with Findings of Fact: . t e present a unique cir- cumstance & hardshij�,2.buiT�ding is already non-conforniing bu no in 'fy,3.Visual im- pact of the intersection is nnt adversely impacted by the de � - Chairman: �-� � CITY COUNCIL ACTION � Approved _� Denied by the Council this 3 day of� - Februarv 19 87 Approved with following amendment: Approved Conditional Use Permit with the Conditions: that a lot combination occurs and that they receive a Conditional Use Permit for the construction. --� Clerk: �� C)� � Following to be filled in by City Action of City Officials Chronolo Date B Rec'd by 81dg Dept. Published by Bldg Dept. On P7 . Comm. Agenda 1 27 87 JK P1 . Comm. Postponement . P1 . Corrm. Action 1/27/87 JK Recommend approval as stated above with Findin+ . of Fact. On Councii Agenda �,�K I Council Postponement � � � -�'° � Council Action 2/3/87 JK �Approved with the Conditions as stated above. - Resolution No. 87-8 � � � FOR��VARIANCE APPLICATION ONLY NOTE: The purpose of a variance is to provide relief to a property owner when the strict enforecment of the Zoning Ordinance would cause an undue hard- shiP to the property owner or deny reasonable use of the property. Hardshi to the applicant is the crucial test. Variances will be granted on y in unusual situations which were not foreseen when the Zoning Ordin- ance was adopted. Economic situations are seldom unique and are rarely considered a valid hardship. Hardship A. . Explain why strict enforcement of the Zoning Ordinance would cause undue hardship: . The existing church was built in two phases. The second phase provided a itiona e ucationa an o ice space an was constructed parallel to Minnetonka Mills road at a distance which conformed to the city re- quiremen s an zoning co e. Since t e constniction of the church, new zoning requirements have been adopted. Those zoning requirements left e e uca iona wing o e existing c urc in a nonconforming setback � condition. (Seel3ackside of this sheet for addi�ional comments) . Condi tions B. What are the special conditions (shape of lot, exceptional topographic conditions, etc. ) of this request that are unique to this property and do not apply generally to other properties in the district? Existinq setbacks of other residential proAertiPs al�nq Minnatnnka Mi�1s Road approximate the same setback dimension and building heights of the educational wing of the church. It seems logical and reasonable t�ow the proposed construction to occur if the proposed construction would not greatly alter the existing built environment (i.e. setbacks. heiqht, building character) of a given portion of the Hopkins community especially considering that the zoning criteria for the subject area hasn't materially L7St of Homeowners changed since the original construction period including Contacted by Applicant C. conditions for the later period of changed zoning requirement: Submit a list of names and addresses of neighbors contacted. �� ' \` . Hardship A. Continued Presently, Zion Lutheran Church finds it necessary to expand portions of the � building in order to meet requirements due to growth in the congregation and internal functional requirements. As a result of the nonconforming setback condition, expansion of the educational wing is in conflict with the current setback requirements. Strict enforcement prohibits expansion of the educational/office portion of the church even if the original setback conditions are maintained. The proposed construction addition has been positioned to match the original setbacks that the community has exper- ienced to date. In laying out the proposed addition, care was taken to maintain adequate traffic visibility at the corner (427.10, p. 14) . The proponent believes the proposed addition will not materially alter the existing conditions at the site. r� .. . . :. ,,.� . _.. . . . , . . - -..: �� � �� RESOLUTION N0 . 87-8 CITY OF HOPKINS `— HENNEPIN COUNTY , MINNESOTA RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR VARIANCE VN87- 1 WHEREAS , an application for a Variance entitled VN87- 1 has been made by Zion Lutheran Church for side yard and front yard setbaeks . WHEREAS , the procedural history of the application is as folloWs ; 1 . That an application for Variance VN87-1 was filed With the City of Hopkins on December 30 , 1986 . 2 . That the Hopkins Planning Commission reviewed sueh application on January 27 , 19$7 , 3 • That the Hopkins Planning Commission , pursuant to mailed notices , held a public hearing on January 27 , 1g87 ; all persons present at the hearing were given and 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 makes the following Findings of Fact in respect to VN87- 1 : 1 . That it does present a unique cireumstanee and hardship that would �ustify the varianee . 2 . That part of the building is already non- conforming and this Would enlarge on the non- conformity but not intensify . 3 • Visual impact of the intersection is not adversely impacted by the development . BE IT FURTHER RESOLYED , that application for Variance VN87- 1 is hereby approved sub,ject to the folloWing Conditions : 1 . That a lot combination oecurs 2 . That a Conditional Use Permit is obtained for the construction . Adopted this 3 day of February , 1987 . � Ellen Lavin , Mayor ' Citv Counci ( Report January 29 , 1987 VARIANCE-ZION LUTHERAN CHURCH 241 - Sth Avenue North PURPOSE: To review and recommend action on an application for front and side yard variances . BACKGROUND: See staff report to Zoning and Planning Commission . Representatives from Zion Lutheran Church and Rieke , Carroll , Muller Assoc . appeared before the Commission . A history of the church was given by Mr . Raffenbuel . Mr. Hennemuth of RCM explained the proposed additions . The office addition Will allo�+ a better entrance system and accessibility. The educational addition is proposed at the north side of the building because of the existing educational facilities . The proposed additions Will match the existing exterior. Mr. Hennemuth also stated that the 50 foot setback for � the side yard is one of the largest in the zoning ordinance. Many neighbors and members of the church �ere present at the meeting . No one ob�ected to the development . There was some confusion at the meeting on which was the front and side yard . The ordinance requires that for a corner lot the shortest dimension on a public street is the Pront yard . The current plat Would have 5th Avenue as the front yard and Minnetonka Mills as the sideyard . The plan as proposed in the stafP report shows Minnetonka Mills as the front yard and 5th Avenue as the side yard . Having Minnetonka Mills as the front yard Will reQuire two smaller variances of 13 feet and 10 feet . However , if 5th Avenue were the front yard , a 33 foot sideyard variance �ould be required . In order for Minnetonka Mills to be the front yard the parsonage will have to be replatted with the church . The church has expressed a Willingness to replatt at this time . The staff recommends that the church replat and Minnetonka Mills become the front yard . � - ----- N o. 8�-�� Council Report 87-17 Page 2 � Zion Lutheran Church did not apply for a Conditional Use Permit to coastruct the proposed additions . A condition on the variance should. be that the variances are conditional on the approval of the Conditional Use Permit . The Church plans to apply for a Conditional IIse Permit in the near future . RECOMMENDATION: The Commission recomended approval of the side and front yard variances With the folloWing Findings of Fact: 1 . That it does present a unique circumstance and hardship that Would ,justify the variance. 2 . That part of the building is already non- conPorming and this would enlarge on the non- conformity but not intensify. 3 • Yisual impact of the intersection is not adversely impacted by the development . Respectfully submitted , . 11 \ Nancy . Anderson Community Development �' Analyst . �� -- P(annin� Commission Report VARIANCE-ZION LUTHERAN CHURCH 241 - 5th Avenue North PLANNING COMMISSION REPORT N0: VN87-1 January 14 , 1987 PURPOSE: To review and recommend action on a variance for side yard and front yard setbaeks . BACRGROUND• Name of Applicant: Zion Lutheran Church Address of Applicant: 241 - 5th Avenue North Present Zoning: R-1-C Nature of Request : Variance for 10 feet on the West setback and 13 feet on the north side . Reason for Request: To allow a building addition. The applicant is proposing to construct additions to � the north and east sides of the existing building . The addition on the north will be educational facilities and the east addition will be offices . The applicant requires a variance for the education addition because the ordinance requires a 50 foot setback on the 5th Avenue side and a 30 foot setback on the Minnetonka Mills Road side . The proposed plan shows a �40 foot setback on 5th Avenue and a 17 foot setback on Minnetonka Mills road . The applicant is also proposing to remove a residence and garage to the south to aceommodate more parking. The applicant is not required to have more parking spaces since the additions are not increasing the seating eapacity of the ehurch. The additions are for better internal movement within the existing building and also needed space for education and offices . � N o. �NB�-� UN87-1 Page 2 � Ordinance 525 •07 (3) states that "Prior to the board formulating a decision and the conditions in support thereof, it must find that the literal enforcement of the provisions 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" . There will be adequate traffic visibility at the corner. ANALYSIS: Zion Lutheran Church has designed the educational addition to fit with the existing building use and design . The proposed addition will not greatly alter the existing character of the neighborhood because a majority of the addition will be on the inside of the site. The education addition along Minnetonka Mills Road will follow the existing structures setback line . The setback along 5th Avenue will be greater than the existing setback of the building to the south. The proposed additions are placed in the most logical � locations for their uses , however it is unfortunate the educational addition does not have the proper setbacks . In order for an addition not to violate the setback requirements , it would have to be built on the east or south side which would not fit in with the existing buildings ' use . Although the proposed educational addition is probably at the best location on the site for the use it lacks the hardship for granting a variance. RECOMMENDATION: I recommend denial of the variance. The following are suggested Findings of Fact should the Commission recommend denial: 1 . That the existing church is situated on the property such that it ereates a non- conforming front yard . � . . uNB�-1 Page 3 � 2 . That the granting of this variance would not eliminate or minimize a non-conforming building , but would in fact , enlarge upon an existing non-conformity. 3 . That there does not exist a unique circumstance or hardship that would justify approval of this variance . Respectfully submitted , ' 1 Nancy S� Anderson Community Development Analyst �� �� . , . � January 2, 1987 City of Hopkins 1010 South lst Street Hopkins, MN 55343 RE: Zion Lutheran Church Request for Variance for SetUack To Whom It May Concern: Proposed Site Plan, Shcet P-1, suUmitted with Request for Variancc indicatcs rieke proposed new parking spaces directly south of the church Uuilding. Plcase notc carroll that the proposed additional parking is neither required nor proposed as part of nuller the Request for Variance. Also, the layout may change and may not all bc addcd associates, inc. at the same time, dcpending on the needs determined Uy the cliurch. irchitects �ngineers Sincerel �— land surveyors Y, Brian McCarty RIEKE CARROLL MULLER ASSOCIATES, INC. BMc:j j � 1011 first street south post office box 130 hopkins, minnesota 55343 612-935-6901