CR2002-157-Variance SY 245 18th Ave N1
• September 25, 2002
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 02 -88, approving a
four - foot side yard variance on the south property line to construct a home.
At the Zoning and Planning meeting Mr. Rudolph moved and Ms. Allen seconded a
motion to adopt Resolution RZ02 -22, recommending approval of a four –foot sideyard
variance on the south property line to construct a home. The motion was approved
unanimously.
Overview.
The applicant has purchased 245 -18 Avenue North. There are currently two lots, a 40
–foot lot and a 35-foot lot. There is an existing home on the 35-foot lot that will be
removed. The applicant is requesting two three -foot sideyard variances to construct a
home on the 35 -foot wide lot. With the variance, the applicant will be able to construct
a 25 -foot wide home. The applicant can construct a home without the variance, but the
home would be 19 feet wide at the outside dimension.
The existing home on the 35 -foot lot is 4.8 feet from the property line. The applicant is
also proposing to construct a home on the 40 -foot lot.
Primary Issues to Consider.
• What is the zoning of the property?
• 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 Documents.
• Analysis of Issues
• Survey
• 25 -foot house plans
• 19 -foot house plans
• Resolution 02 -88
Nancy . Anderson, AICP
Planner
G \TY OP
HOPKINS
VARIANCE — SIDEYARD
Council Report 02 -157
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR02 -157
Page 2
Primary Issues to Consider.
• What is the zoning of the property?
The subject property is zoned R -1 -A, Single and Two - Family.
What does the ordinance require?
The ordinance requires a minimum sideyard setback in the R -1 -A zoning district of eight
feet.
• What are the specifics of the applicant's request?
The applicant has requested a variance for two five -foot sideyard setbacks.
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 has an undue hardship that is unique to the property. The lot is
a legal buildable lot. The property is narrow, and to construct a home that has rooms
that are not livable would not make sense. Without the variance the home would have
an outside dimension of 19 feet and an interior dimension of 18 feet. There is an
opportunity to construct a single - family home, and the extra six feet will provide the
applicant the ability construct a home that will provide a family a livable area.
What was the discussion at the Zoning and Planning meeting?
Staff reviewed the variance request with the Commission. Curt Fretham, the applicant,
appeared before the Commission. Kathleen Kopeski of 251 18 Avenue North, the
property owner to the north, appeared before the Commission. Ms. Kopeski was against
the north sideyard variance and wanted an eight -foot setback. The Commission
discussed various options. Ms. Anderson told the Commission they could approve both
sideyard variances, one variance, none, or modify the applicant's request. The applicant
is the owner of the property to the south, and there will be an eight -foot setback on the
north property line of the 40 -foot lot. The Commission discussed an eight -foot sideyard
setback on the north and a four -foot sideyard setback on the south.
CR02 -157
Page 3
Alternatives.
1. Approval of the variance as requested by the applicant. By approving the variance,
the applicant will have a five -foot north sideyard setback and a five -foot south
sideyard setback.
2. Approve the variance as recommended by the Commission. By approving the
variance as recommended by the Commission, the home will have an eight -foot
north sideyard setback and a four -foot south sideyard setback.
3. Deny the variance. By denying the variance, the applicant will not be able to
construct the home at proposed. If the City Council considers this alternative,
findings of fact will have to be stated that support this recommendation.
4. Continue for further information. If the City Council indicates that further
information is needed, the item should be continued.
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING
APPROVAL OF A FOUR -FOOT SIDEYARD VARIANCE TO ALLOW
CONSTRUCTION OF A SINGLE FAMILY HOME
WHEREAS, an application for Variance VNO2 -3 has been made by Curt Fretham; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VNO2 -3 was made by Curt Fretham on
August 29, 2002;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
September 24, 2002: 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 27 Block 8, West Minneapolis Third Division
NOW, THEREFORE, BE IT RESOLVED that application for Variance VNO2 -3 is
hereby approved based on the following Findings of Fact:
1. That the property does have a hardship for the granting of the variance
because of the size of the lot.
2. That the granting of the variance will provide a reasonable size home.
Adopted this 1st day of October 2002.
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 02 -88
Eugene J. Maxwell, Mayor
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