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RZ07-10 CITY OF HOPKINS � Hennepin County, Minnesota RESOLUTION NO: RZ07-10 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING DENIAL OF A VARIANCE FOR A SIDEYARD SETBACK WHEREAS, an application for Variance VN07-2 has been made by John Kosmas for Jason and Sheila Anderson; and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN07-2 was made by John Kosmas for Jason and Sheila Anderson on May 3, 2007; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on May 29, 2007: 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 16 to 19, Block 2, FA Savages Interlachen Park �' NOW, THEREFORE, BE IT RESOLVED BY THE ZONING AND PLANNING COMMISSION OF THE CITY OF HOPKINS, MINNESOTA, that application for Variance VN07-2 to reduce the 12-foot sideyard setback to 9.2 feet is hereby recommended for denial based on the following Findings of Fact: 1. That 144 Holly Road does not have a circumstance peculiar and unique to the parcel. 2. That the applicant has reasonable use of the property without the granting of a variance. 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 12-foot sideyard setback would not cause an undue hardship because of circumstances unique to the subject property, that the granting of the requested variance to the extent necessary to compensate for such hardship is not in keeping with the intent of the Hopkins City Code, that the variance of 2.8 feet is not reasonable. Adopted this 29th day of May 2007. Peter Sho tz, Chai� �