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RZ06-27 � CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ06-27 RESOLUTION MAKING F1NDINGS OF FACT AND RECOMMENDING APPROVAL OF A VARIANCE FOR A SIDEYARD SETBACK WHEREAS, an application for Variance VN06-4 has been made by Dale Molderhauer; and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN06-4 was made by Dale Molderhauer October 2, 2006; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on October 24, 2006: 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 2 and 3, Block 1, Gibbs Addition to West Minneapolis NOW, THEREFORE, BE IT RESOLVED BY THE ZONING AND PLANNING COMMISSION OF THE CITY OF HOPKINS, MINNESOTA, that application for Variance VN06-4 to reduce the 8-foot setback to 7'4" is hereby recommended for approval based on the following Findings of Fact: 1. That Lot 2 meets the minimum lot requirements for a buildable lot in the R-1- A zoning district 2. That the home on Lot 3 was constructed in 1955 with a 7'4" side yard setback 3. That the building permit indicated a 8'2" side yard setback 4. That the owner of Lot 3 in 1955 did not own Lot 2 5. That Lot 2 is unbuildable without the 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 eight-foot sideyard setback would 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 in keeping with the intent of the Hopkins City Code, that the construction of a new home is a reasonable use of Lot 2 and that granting of the variance will not alter the essential character of the area in which it is located. Therefore, application for Variance VN06-4 is recommended for approval subject to the following condition: 1. That the new home on Lot 2 meets the existing setback requirements. Adopted this 24th day of October 2006. � Peter Sholtz, Chair �. �