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VN 86-10 � � CITY Of HOPKINS '7 �V(T. /g� APPLICATION FOR: AMENDMENT OF ZONING ORDINANCE DATE: • ' ' - ' J CONCEPT REVIEW CONDITIONAL USE PERh1IT CASE N0: l//�/ $G —/j� SUBDIVISION APPROVAL VARIANCE �� FEE: ��d-� � WAIYER OF PLATTING REQUIREMENTS DATE PAIO: AUC/ 7 � I�g� ` T- 1. Street Location of Property: `�- '� �� /� " �J��% 2. Legal Description of Property: 3. Owner: Name��'�t.l" �' � Addressy�����v�G�J�L�� Phone 9����Tj 4. Appl icant's Name:��ri� Address�U�'`����'�'�� Pho�e 5. Description of Request:rp��FJ? T" � �� � �� �� (r- ��`iPo2T 11� TO ��,2�P7E" Zoning District Use Present Proposed 1. Present Proposed � 8. Reason for Request: ��ZGC� � NOTE: If request is for variance, please a so comp ete attached page. 9. What error, if any, in the existin9 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 ��/'7T���Q/�� ��-�"� �'!/y►'�-��u�►-G�-�a�rd.e� , 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 done in ac- cordance with the Ordinances of the City of Hopkins and the laws of the State of Minnesota. Signature of Applicant: ���'YI.��/ �. /�,r/:�%G!/Z� �— S i g n a tu re o f Own e r: �'y�u!" �� ,/�.�%G�� � RECORO OF ACTION TAKEt� 6Y PLANNING & ZONING COMMISSIOPJ Oa te: g/26/86 Application for Var.iance CASE N0: VN86-10 PLANNING COMMISSION RECOMMENOATIONS On the 30 day of Se tember 19 86 , the action requested in the foregoing petition was approved (x ) disapproved subject to the following conditions : Recommend approval of variance with Findings of Fact: 1. the carport was built unde a previous ordinance; 2. the improvement of existing structure does not enl rge or int ify e structure. Chairman: ��� CITY COUNCII ACTION Approved X Denied by the Council this 7 day of October 1986 Approved with following amendment: qpproved as stated in Resolution No. 86-60. r c � C 1 e rk: � . J �� , 5�_ Fo] lowing to be filled in by City Action of City Officials hronolo Date 6 Rec'd by Bldg Oept. Published by Bldg Dept. On P1 . Comm. Agenda g 2 g6 JK Pl . Comm. Postponement 9/30/86 JK Pl . Corrm. Action 9/30/86 JK Recommend approval as stated above. On Council Agenda 10 7 86 JK .� tCouncil Postponement ( � � � � Council Action 10/7/86 JK Approved as stated in Resolution No. 86-60 � CITY OF HOPKINS HENNEPIN COUNTY , MINNESOTA RESOLUTION N0: 86-60 RESOLUTION MAKING FINDINGS OF FACT AND APPROYING _ _ _ APPLICATION FOR _VARIA_NC_E VN86-10 WHEREAS , an applioation for a Varianae entitled VN86-10 has been made by Emil 1Celler , 406 - 16th Avenue North, to convert a oarport into a garage Which would encroaah into the sideyard . WHEREAS , the procedural history of the application is as follo�+s : _ 1 . That an application for Variance VN86-10 xas Piled with the City of Hopkins on August 7 , 1986 . 2. That the Hopkias Planning Commission revieWed � suah appliaation on August 26 , and September 30, 1986 . f 3• That the Hopkiaa Planning Commisaion, pursuant "'to mailed notiaea, held a publia hearing on August 26 , 1986 and continued to September 3.0� 1986 ; all _. peraona preaent at the hearing were given an opportunity to be heard . _. 4�. That tha vritten oomments and analpsis of the City 3taff and the Planning Commisaion Were aonaidered . � HOW THEREFORB BB IT RBSOLYED � that the Hopkina City Counail `'� makes the folloWiag Fiadinga of Faot in respeot to VN86-10: � 1 . That the aarport Waa built under a previous ordinanoe. _ 2. That the iaprovement ot existing struoture does not enlarge or intenaiPy tha struoture . Adopted this 7th day ot Ootober , 1986 . Ellen Lavia, Mayor � �- �Plannin� Commission Report August 13, 1986 VARIANCE REQUEST - 406 - 16TH AVENUE NORTH PURPOSE: To review and recommend action on a variance request to convert a carport into a garage. BACKGROUND: Name of Applicant: Emil Keller Address of Property: 406 - 16th Avenue North Present Zoning: R-1-A Nature of Request: A sideyard variance to convert an existing carport into a garage Reason for Request: To make house look nice to neighbors The applicant is proposing to convert an existing carport into a garage. 427.06 states any obstruction or structure or use law- fully existing upon August 11, 1966, but which would not now be permitted under the same standards may be continued as a non- conforming use at the size and in the manner of operation exist- ing upon August 11, 1966, except as herein specified. � The existing carport has a flat roof and one wall . The easterly and southerly walls are open. The existing lot is 57'x127' . The minicnum requirements for a side yard is 8 feet. The applicant has supplied staff with a sketch which indicates the carport is 3 feet from a fence on the south side of the property. The ap- plicant was contacted and informed that this fence does not ap- pear to be the property line and that the property line has to be located to determine how far the proposed garage will be located from the property line. The applicant did not indicate that he was going to supply any further plans but did state he believed the existing carport was approximately 4z feet from the property line. The home to the south is quite close to the lot line also. The City does not have a survey on file to indicate where the home is located on the lot. The applicant has contacted the surrounding neighbors. ANALYSIS: The applicant has requested a variance to convert an existing carport into a garage. The applicant has not supplied the necessary information to determine the actual setback, however, if we did have the necessary information the applicant still does not have the neces- sary warrants of unique circumstance or hardship that would allow the Plan- �" ning Commission and City Council to grant such a variance. N O. VN86-10 PLANNING REPORT VN86-10 `" Page 2 ALTERNATIVES: 1. Deny the variance request. 2. Continue the variance request until the applicant can provide a survey or locate the stakes to determines where the property line is. 3. Grant the variance. Should you choose this option, you will have to identify Findings of Fact which support approval of - - the variance. RECOMMENDATION: I recommend denial of the variance. The following are suggested Findings of Fact should the Commission recommend denial : 1. That the existing home and carport are situated on the property such that it creates a non-conforming side yard. 2. That the granting of this variance would not eliminate or mini- mize 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. � �^. 'I l�:Ul Nancy S Anderson, Analyst Communi Deve�lopment � � i . �.. , �" STATE � , . . � ; - . i � �% � N 16(65) (52) 3 `�. 15(54 (38)2 � h 14 _ -�- �r --- �/f � (19) � ` a . ��3TI, (26) I N� � � `f 13(30 ll� 2 a N I I(18) "�/y^, '�; 15(6� �53)4 � P 14� . 39� 3 v --- GO)1 'i//C� I I q� � .I I(36 7) 2 � � � 12(29 � ` . . 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If you have any interest in this matter we ask that you attend this meeting. For further information contact James Kerrigan, Director of Planning and Economic Development at 935-8474. � � �" � �t��'-� � �-l�fh� �.� � � James D. Kerrigan, Director � Planning & Economic Development � � ' Citv Council Report Oetober 1 , igg5 CONDITIONAL USE PERMIT 406 - 16TH AVENUE NORTH ; PURPOSE: The purpose oP this report is to recommend Couneil � aetion on a Conditional Use Permit to convert an existing � non-conforming carport into a garage . BACRGROUND: See staff report to Zoning and Planning ' Commission . Mr. Reller and Mr. Merkins , the contractor � appeared before the Commission . The stakes �+ere located � whieh located the existing carport four feet from the lot i line . There will be approximately 8 feet between the � houses . The applicant stated that the garage will keep the � snow and ice aWay from the side entranee. I i Mr. Berg made a motion to approve xith the folloWing � findings of faet . 1 .;. The garage xould be an improvement to the property. 2 . That it is a logical loeation for a garage to be completed . 3 • That there Was no opposition to improvement . The motion died for lack of a seeond . i Mr. Janke moved to deny With the folloWing findings of faet: 1 . Existing carport is non-conforming. 2 . That the ordinance prohibits expansion of a non-conforming structure 3 • That no real hardship exists. The motion died for laok of a second . N o. ,6, �. Mr. Berg moved to approve with the following findings oP faet: 1 . That the carport Was buil; under a previous ordinance . 2 . That the improvement of existing strueture does not enlarge or intensify the structure. 3 - That the neighborhood supports the improvement . 4 . That the garage would be an improvement to the property . 5 . That it is the logical place for a garage. Mrs . Brandon seconded the motion . The Commission approved the motion on a 3-2 vote. � � Nancy An rson � Community Development Analyst ,�