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RZ13-05 CITY OF HOPKINS Hennepin County, Minnesota � RESOLUTION NO: RZ13-5 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A 16.9' REAR YARD VARIANCE AT 6 MANITOBA ROAD WHEREAS, an application for Variance VN13-2 has been made by Jane and David Kirshbaum, and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN13-2 was made by Jane and David Kirshbaum on May 23, 2013; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on June 25, 2013: 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 12 Block 2 Bellgrove ^ NOW, THEREFORE, BE IT RESOLVED BY THE ZONING AND PLANNING COMMISSION OF THE CITY OF HOPKINS, MINNESOTA, that application for Variance VN13-2 to reduce the rear yard setback from 40 feet to 23.1' far the proposed addition is hereby recommended for approval based on the following Findings of Fact: 1. That the applicants do have a circumstance peculiar and unique to the parcel. 2. That the existing rear yard setback is not the required setback of 40 feet. 3. That there are practical difficulties with the proposed porch. 4. That the variance will not alter the essential character of the neighborhood. BASED ON THE FOREGOING FINDINGS OF FACT, the Zoning and Planning Commission of the City of Hopkins, Minnesota, hereby determines that the literal enforcement of the 40-foot rear yard setback in the R-1-E zoning district would cause practical difficulties because of circumstances unique to the subject property, that ganting of the requested variance to the extent necessary to compensate for such practical difficulties is in keeping with the intent of the Hopkins City Code, and that the variance of 16.9 is reasonable. BE IT FURTHER RESOLVED that application for variance VN13-2 is hereby recommended for approval based on the following condition: 1. That the screened porch is never converted to an addition with windows, � insulation and heat. � Ado ed this 25th day of June 2013. Aa n Kuznia, Chair �, ��