CR2002-158-Variance SY 232 17th Ave Nf v
September 25, 2002
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 02 -89, approving a
four -foot sideyard variance on the south property line to construct a home.
At the Zoning and Planning meeting Mr. Rudolph moved and Ms. Hatcher seconded a
motion to adopt Resolution RZ02 -23, 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 is requesting a variance to construct a home on a 35 -foot wide lot. The
applicant has purchased 232 -17 Avenue North. There are two lots, a 40 -foot and a 35-
foot lot. There is an existing home on the 40 -foot lot. The applicant wants to construct a
home on the 35 -foot lot. The 35 -foot lot is a lot of record and buildable. Without the
variance the home would be 19 -feet wide at the outside dimension.
Primary Issues to Consider.
• What is the zoning of the property?
• What does the ordinance require for sideyard setback?
• 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
• 22 -foot home plans
• 19 -foot home plans
• Resolution 02 -89
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. Anderson, AICP
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VARIANCE — SIDEYARD
Council Report 02 -158
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR02 -158
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 for a sideyard setback?
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 is requesting a five -foot sideyard for the south side of the home. The site
plan indicates a detached garage, with access from the alley. The plan indicates a 10-
foot setback from the alley. The ordinance requires a 20 -foot setback. There is room for
the garage to be moved.
• 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
property is narrow, and to construct a home that has rooms that are not livable would not
make sense. Although the applicant has applied for only one sideyard variance, I would
recommend that both sides are five -feet. There is an opportunity to construct a single -
family home and the extra six feet will provide the applicant the ability to construct a
home that will provide a family a livable home.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the applicant's request. Tom Daughenbaugh, the applicant
,appeared before the Commission. Mr. Daughenbaugh stated that although he did not
ask for the north sideyard setback variance, he would like the Commission to consider
the variance as recommended by staff. Mr. Daughenbaugh stated that a wider home
provides a better utilization of the lot. The same square footage can be built with a
narrow lot, but the home becomes a long skinny house. The Commission discussed
various options for setbacks.
CR02 -15 8
Page 3
Alternatives.
1. Approval of the variance as requested by the applicant. By approving the variance,
the applicant will have an eight -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.
and
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 02 -89
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING
APPROVAL OF A FOUR -FOOT SIDEYARD SETBACK VARIANCE TO ALLOW
CONSTRUCTION OF A SINGLE FAMILY HOME
WHEREAS, an application for Variance VNO2 -4 has been made by Tom Daughenbaugh;
WHEREAS, the procedural history of the application is as follows:
3. That the written comments and analysis of the City staff were considered;
and
4. Legal description of the parcel is as follows:
Lot 4, Block 8, West Minneapolis Third Division
NOW, THEREFORE, BE IT RESOLVED that application for Variance VNO2 -4 is
hereby approved based on the following Findings of Fact:
Adopted this 1 day of October 2002.
ATTEST:
Terry Obermaier, City Clerk
1. That an application for Variance VNO2 -4 was made by Tom
Daughenbaugh on August 30, 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;
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 rooms of a reasonable size.
Eugene J. Maxwell, Mayor
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