RZ06-19 CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: RZ06-19
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RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING
APPROVING A VARIANCE FOR A SIDE YARD SETBACK
WHEREAS, an application far Variance VN06-1 has been made by Patrick Hanlon; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN06-1 was made by Patrick Hanlon on
July 28, 2006;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
August 29, 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 13 and 14, Block 78 West Minneapolis 2°d Division,
NOW, THEREFORE, BE IT RESOLVED BY THE ZONING AND PLANNING
COMMISSION OF THE CITY OF HOPKINS, MINNESOTA, that application for Variance
�-- VN06-1 to reduce the 8-foot setback to 1.3 is hereby recommended for approval based on the
following Findings of Fact:
1. That Lot 14 meets the minimum lot requirements for a buildable lot in the R-
1-A zoning district.
2. That the home on Lot 13 was constructed around 1930 with a 1.3 foot side
yard setback.
3. That the owner of Lot 13 in 1930 did not own Lot 14.
4. That Lot 14 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 side yard 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 14 and that granting of the variance will
not alter the essential character of the area in which it is located. Therefore, application for
Variance VN06-1 is recommended for approval subject to the following conditions:
L The existing garage on Lot 13 is moved to the existing setback
requirements.
� 2. A building permit for a house on Lot 14 will not be issued until the garage
on Lot 13 is moved.
on the south side. All other setbacks will comply with the existing
�, setbacks for the R-1-A zoning district.
4. The existing garage on Lot 14 will not be converted to a home.
5. The principal use of Lot 14 will not be used for storage.
6. That if a fence is constructed on Lot 14 it must be setback four feet from
the south property line.
Adopted this 29th day of August 2006.
Peter Sholtz, Chai
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