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CR 05-077 Variance - Side Yard - 201 Maple Hill Rd C\IY OF - HOPKINS June 2, 2005 Council Report 05-77 VARIANCE - SIDE YARD SETBACK Proposed Action. Staff recommends the following motion: Move to adopt Resolution 05-52, approving a driveway setback for the lot at 201 Maple Hill Road, At the Zoning and Planning meeting Mr, Aamess moved and Mr, Kjos seconded a motion to adopt Resolution RZ05-15, recommending approval of a driveway setback for the lot at 201 Maple Hill Road, The motion was approved unanimously, Overview, The applicant, Richard Rotnem, currently has a detached garage at 201 Maple Hill Road. He would like to remove the existing garage and construct a new garage, Accessory buildings require a 20-foot long driveway, The existing garage currently has a seven- foot driveway, and Mr, Rotnem wants to replace the garage in the same location as the existing garage. Goodrich Street has an unusually large right-of-way for a neighborhood street. The right-of-way width is 80 feet. Most of the other streets in Interlachen have a 60-foot right-of-way, The existing garage is 37-feet from the curb line on Groodrich, Primary Issues to Consider, . 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? Supportinl! Documents, . Analysis ofIssues . Site Plans . Resolution 05-52 ~~ Nanc , Anderson, AICP Planner Financial Impact: $ N/A Budgeted: Related Documents (CIP, ERP, etc,): Notes: YIN Source: CR05-77 Page 2 Primary Issues to Consider, . What does the ordinance require? The ordinance requires a driveway that is 20 feet in length, . What are the specifics of the applicant's request? The applicant is requesting a variance of 13 feet. The proposed garage will have a seven-foot driveway. . 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 applicants do have an undue hardship that is unique to the property, The property abuts a road that has an unusually large right-of-way for a residential street. The purpose of the 20-foot length of the driveway is to allow a car to be parked in front of the garage to get the car out of the right-of-way, In this case there will be 37 feet before the face of the garage and although there may be a car parked in the right-of-way, a parked car will not be near the paved street. . What was the discussion at the Zoning and Planning meeting? Ms, Anderson reviewed the proposed variance, Ms, Anderson did note that another option for the Commission would be to grant a 10- foot variance so if the future Goodrich was reduced to a 60-foot right-of-way, the garage would conform with a 20-foot driveway. Richard Rotnem, the applicant, appeared before the Commission, Mr. Rotnem stated that the new garage wall will be in the exact place as the existing wall, Mr. Rotnem presented a petition signed by the neighbors in favor of the variance, No one in the audience spoke on this item, Alternatives, }, Approve the variance, By approving the variance, the applicant will be able to construct the garage as proposed, CR05-77 Page 3 2, Deny the variance, By denying the variance, the applicant will not be able to construct the garage as proposed, If the City Council considers this alternative, findings offact will have to be stated that support this recommendation, 3, Continue for further information, If the City Council indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 05-52 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A VARIANCE FOR A DRIVEWAY SETBACK WHEREAS, an application for Variance VN05-4 has been made by Richard Rotnem; and WHEREAS, the procedural history ofthe application is as follows: 1. That an application for Variance VN05-4 was made by Richard Rotnem on April 29, 2005; 2, That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on May 31, 2005: 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: Lots I and 2, Block II, F.A. Savages Interlachen Park NOW, THEREFORE, BE IT RESOLVED that application for Variance VN05-4 is hereby approved based on the following Findings of Fact: 1. That Goodrich Road has an unusually wide right-of-way for a neighborhood street. 2, That a 20-foot driveway setback would place the garage five-feet from an oak tree most likely damaging the root system, 3, That the addition setback of 13-feet would take space away space in the backyard, Adopted this 7th day of June 2005, Eugene J, Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk Rotnem, Rick .0: Subject: CITY OF HOPKINS ZONING AND PLANNING COMMISSION; HOPKINS CITY COUNCIL VARIANCE FOR GARAGE AT 201 MAPLE HILL ROAD, HOPKINS; LEGAL DESCRIPTION: F A SAVAGES INTERLACHEN PARK, BLOCK 11, LOTS 1 AND2 We, the undersigned neighbors, have no objection to the proposed variance request by Richard and Rebecca Rotnem to tear down and rebuild an existing grage at 201 Maple Hill Road in Hopkins, If the variance is approved, it is our understanding that the the new garage will be constructed in the same location. 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