V. 1. Planning Application 2018-14-VA & SUB Engelbret Lot Split Variance
December 18, 2018 Planning Application 2018-14-VA
Engelbret Minimum Lot Size Variance for PID 20-117-21-33-0016
Proposed Action: Staff recommends the Planning & Zoning Commission adopt the following
motion: Move to adopt Planning & Zoning Resolution 2018-11, recommending the City Council
approve the minimum lot size variance requests from David and Karen Engelbret for the
property located at 137 Maple Hill Road (PID 20-117-21-33-0016)
Overview
The applicants, David and Karen Engelbret, request a minimum lot size variance to subdivide
their existing single family lot located at 137 Maple Hill Road. This property is located in the
Interlachen Park neighborhood south of Excelsior Boulevard, north of Hopkins’ border with
Edina, west of the Meadowbrook Golf Course and east of Blake Road.
The applicants request to subdivide their existing 160’ wide by 132’ deep 21,125 square feet
single family lot in two. This design would produce two single family lots that meet the
minimum 80’ lot width standards but would be approximately 1,440 square feet smaller than the
12,000 square feet minimum lot size required by the R-1-C zoning district.
The applicants initially brought this proposal to the City as a concept plan last summer. Both
the Planning & Zoning Commission and the City Council were generally supportive of the
proposal and suggested the applicant apply for a minimum lot size variance so the City could
formally evaluate their request. Based on the formal review of the applicant’s variance
application as detailed below, staff finds the applicant has demonstrated a practical difficulty
with meeting the City zoning requirements as required by Minnesota State Statute 462.357,
Subdivision 6. As a result, staff recommends the City approve the applicant’s request.
Primary Issues to Consider
• Background
• Existing Conditions
• Subdivision Proposal
• Legal Authority
• Variance Review
Supporting Documents
• Planning & Zoning Commission
Resolution 2018-11
• Site Location Map
• Applicant’s Narrative
• Proposed Lot Survey
• R-1-C Zoning District Analysis Map
• F.A. Savage Interlachen Park Plat
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
Planning Application 2018-14-VA
Page 2
Background. The applicants purchased their home in 1985 and have remodeled over the years
to meet their needs. Their home has three levels and the Engelbret’s have reached a point in
their lives when they would prefer single level living. The ability to divide their property would
provide funds to either remodel their existing home to include a master bedroom and bath on
the main level or build a new single level home to meet their needs on the newly created lot.
According to the Engelbrets their preference is to remain in Hopkins but feel if they are not
permitted to divide their property they would most likely sell it and purchase a different home in
an adjacent community.
Existing Conditions. The applicant’s property was originally platted in 1911 as Lots 8, 9, 10,
and 11, Block 6 of F.A. Savages Interlachen Park (see attached plat). This plat created a 16-
block subdivision with each block having dimensions of 600 feet wide by 264 feet deep. With
this design, each block contained 30 lots with dimensions of 40 feet wide by 132 deep (with
some minor deviations). Subsequent to creation of the plat, the City established the R-1-C
zoning district with minimum lot standards of 80 feet wide and 12,000 square feet in size. These
standards do not fit with the dimensions for lots in the original plat because (assuming to
maintain the original 132 feet lot depth) each lot would need to be almost 91 feet wide (91’ x
132’ = 12,012 square feet).
The R-1-C zoning district includes all of the Campbell, Park Ridge, and Interlachen
neighborhoods and portions of the Avenues West and President’s North Neighborhood (see
attached map). An analysis of the R-1-C district finds the average lot size is 12,733 square feet
but the median (the midpoint of all lots on a list from largest to smallest) is 10,665 square feet.
Therefore, the average lot is larger than the 12,000 square feet minimum requirement but 50
percent of the lots are smaller than 10,665 square feet. The applicant is proposing two 80’ wide
by 132’ deep single family lots that would be 10,560 square feet in size. This is 1,440 square feet
smaller than the 12,000 square feet minimum requirement but only 105 square feet smaller than
the median lot size. The map appears to show most of the lots that are smaller than the average
are located in the Campbell, Park Ridge and President’s North neighborhoods; however, there
are also a substantial portion within Interlachen Park.
Subdivision Proposal. The applicant propose to subdivide the existing 160’ wide by 132’ deep
21,125 square feet property in to two single family lots. Those lots would be 80’ wide by 132’
deep and approximately 10,560 square feet in size. The northern lot would retain the applicants’
existing single family home but require the relocation of their existing detached garage on the
newly created lot. The new southern lot could contain a new single family home. While the
newly created lots would meet the minimum lot width standard, they would fail to meet the
minimum lot size requirements necessitating the applicant’s variance request. Should the City
approve the minimum lot size variance, the applicant could then apply for an administrative
subdivision to split the property.
Legal Authority. City review of variance applications is a Quasi-Judicial action. Generally, if
the application meets the review standards, the variance should be approved. The standards for
reviewing variances are detailed in Minnesota State Statute 462.357, Subdivision 6. In Summary,
variances may be granted when the applicant establishes there are "practical difficulties" in
complying with the zoning regulations. A practical difficulty is defined by the five questions
listed below. Economic considerations alone do not constitute a practical difficulty. In addition,
under the statute the City may choose to add conditions of approval that are directly related to
and bear a rough proportionality to the impact created by the variance.
Planning Application 2018-14-VA
Page 3
Variance Review. Staff has reviewed the variance request against the standards detailed in
Minnesota State Statute 462.357, Subdivision 6 and finds it demonstrates a practical difficulty.
As a result, staff recommends the City approve the applicant’s request. The standards for
reviewing a variance application and staff’s findings for each are provided below.
1. Is variance in harmony with purposes and intent of the ordinance?
Finding: The requested variances is in harmony with the purpose and intent of the R-1-C
district. The performance standards for this district are detailed in City Code Section 530.05 –
Standards for the R Districts. These standards allow for single family detached dwellings on lots
that are a minimum of 80 feet wide. The requested variance would allow the applicants to meet
the single family detached dwelling use and 80 feet minimum lot width requirements while
maintaining the existing 132 feet deep lot dimension.
2. Is the variance consistent with the comprehensive plan?
Finding: The requested variances is consistent with the 2030 Comprehensive Plan because it
would meet the density standards and goals and policies of the LDR – Low Density Residential
future land use category. The Future Land Use map in the 2030 Comprehensive Plan guides the
subject property as LDR – Low Density Residential. According to the narrative for this land use
classification, it allows for single family detached residential dwelling at 1 to 7 units per acre.
According to Hennepin County, the subject property is 21,125 square feet in size. The
applicant’s minimum lot size variance request would produce two 10,560 square foot single
family lots at a density of just over 4 units per acre (43,560/10,560 = 4.12). Development at this
density is within the allowable range for the LDR - Low Density Residential category.
Goals and policies from the 2030 Comprehensive Plan that would align with the requested
variance include:
• Protect residential neighborhoods.
• Retain and enhance detached single-family homes.
• Encourage the development of owner-occupied housing.
• Continue to strive for a mix of housing that accommodates a balance of all housing needs.
While not formally approved, it is worth noting that the requested variance would also be
consistent with the future land use category proposed for the subject property by the 2040
Comprehensive Plan Update – Cultivate Hopkins. If approved, that plan would designate the
future land use category for the subject property as Suburban Neighborhood with a density
range of 2 – 4 units per acre.
3. Does the proposal put property to use in a reasonable manner?
Finding: The proposal would put the subject property to use in a reasonable manner. The
proposed variance would allow creation of two 80 foot wide by 132 feet deep 10,560 square foot
single family lots. Single family lots of this size are in harmony with the single family use and 80
foot wide zoning standards of the R-1-C district and consistent with the density and goals and
policies of the 2030 Comprehensive Plan.
Planning Application 2018-14-VA
Page 4
4. Are there unique circumstances to the property not created by the landowner?
Finding: There are unique circumstances to the property that were not created by the
landowner. The original plat created lots that were 40 feet wide and 132 feet deep. These
dimensions would naturally create lots that were 5,280 square feet for a single lot or 10,560
square feet for two lots. Based on the design and dimensions of the original plat, a 12,000
square foot minimum lot size is impractical.
5. Will the variance, if granted, alter the essential character of the locality?
Finding: Granting the requested variance would not alter the essential character of the
surrounding area. This standard evaluates if the proposed variances would produce a
development that is “out of scale, out of place, or otherwise inconsistent with the surrounding
area.” The original plat created 16 block each containing 30 lots with dimensions of
approximately 40 feet wide by 132 feet deep. While the historical development pattern has not
strictly followed the original design, an analysis of the neighborhood found the median lot size
to be 10,665 square feet. The applicant’s minimum lot size variance request would produce two
80 feet wide by 132 feet deep 10,560 square foot single family lots. Lots with this design are
generally consistent with the both the original plat and predominant existing surrounding
development pattern.
Alternatives
1. Recommend approval of the variance application. By recommending approval of the
application, the City Council will consider a recommendation of approval.
2. Recommend denial of the variance application. By recommending denial of the variance
application, the City Council will consider a recommendation of denial. Should the Planning
& Zoning Commission consider this option, it must also identify specific findings that
support this alternative.
3. Continue for further information. If the Planning & Zoning Commission indicates that
further information is needed, the items should be continued.
1
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
PLANNING & ZONING COMMISSION RESOLUTION 2018-11
RESOLUTION RECOMMENDING APPROVAL OF MINIMUM LOT SIZE
VARIANCE REQUESTS FROM DAVID AND KAREN ENGELBRET FOR THE
PROPERTY LOCATED AT 137 MAPLE HILL ROAD WITH PROPERTY
IDENTIFICATION NUMBER (PID) 20-117-21-33-0016
WHEREAS, the City of Hopkins (the “City”) is a municipal corporation, organized and
existing under the laws of the State of Minnesota; and
WHEREAS, David and Karen Engelbret (the “Applicant”) are the fee owners of 137 Maple
Hill Road legally described below:
Lots 8, 9, 10, and 11, Block 6 of F.A. Savages Interlachen Park, Hennepin County, Minnesota.
(the “Property”); and
WHEREAS, the Property is zoned R-1-C, Single-family Medium Density residential; and
WHEREAS, the City has adopted a zoning ordinance and other official controls for reasons
that include, but are not limited to, protecting the character of properties and areas within the
community, promoting the proper use of land and structures, fixing reasonable standards to which
buildings, structures and land must conform for the benefit of all, and prohibiting the use of buildings,
structures and lands in a manner which is incompatible with the intended use or development of lands
within the specified zones; and
WHEREAS, Section 530.05, of the City Code requires that single-family dwellings in the R-
1-C district be at least 80-feet wide and at least 12,000 square feet in size; and
WHEREAS, pursuant to the aforementioned code provisions, the Applicant has made a
request to the City for a minimum lot size variance in order to subdivide their existing 160 feet by
132 feet 21,125 square foot property into two 80 feet by 132 feet 10,560 square feet properties;
WHEREAS, pursuant to Minnesota Statutes, section 462.357, subd. 6(2), “[v]ariances shall
only be permitted when they are in harmony with the general purposes and intent of the ordinance
and when the variances are consistent with the comprehensive plan. Variances may be granted when
the applicant for the variance establishes that there are practical difficulties in complying with the
zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means
that the property owner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance; the plight of the landowner is due to circumstances unique to the property not
created by the landowner; and the variance, if granted, will not alter the essential character of the
locality. Economic considerations alone do not constitute practical difficulties.”; and
2
WHEREAS, on December 18, 2018, pursuant to the procedural requirements contained in
Section 525.07 of the City Code, the Hopkins Planning and Zoning Commission (the “Commission”)
held a public hearing on the Applicant’s requested variances and all persons present were given an
opportunity to be heard. The Commission also took into consideration the written comments and
analysis of City staff; and
WHEREAS, based on a review of the Applicant’s request and their submissions, the written
staff report, and after careful consideration of all other written and oral comments concerning the
requested variances, the Commission makes the following findings of fact with respect to the
aforementioned criteria provided in Minnesota Statutes, section 462.357, subd. 6(2):
1. Is variance in harmony with purposes and intent of the ordinance?
Finding: The requested variances is in harmony with the purpose and intent of the R-1-C district. The
performance standards for this district are detailed in City Code Section 530.05 – Standards for the R
Districts. These standards allow for single family detached dwellings on lots that are a minimum of 80 feet
wide. The requested variance would allow the applicants to meet the single family detached dwelling use and
80 feet minimum lot width requirements while maintaining the existing 132 feet deep lot dimension.
2. Is the variance consistent with the comprehensive plan?
Finding: The requested variances is consistent with the 2030 Comprehensive Plan because it would meet the
density standards and goals and policies of the LDR – Low Density Residential future land use category.
The Future Land Use map in the 2030 Comprehensive Plan guides the subject property as LDR – Low
Density Residential. According to the narrative for this land use classification, it allows for single family
detached residential dwelling at 1 to 7 units per acre. According to Hennepin County, the subject property is
21,125 square feet in size. The applicant’s minimum lot size variance request would produce two 10,560
square foot single family lots at a density of just over 4 units per acre (43,560/10,560 = 4.12).
Development at this density is within the allowable range for the LDR - Low Density Residential category.
Goals and policies from the 2030 Comprehensive Plan that would align with the requested variance include:
• Protect residential neighborhoods.
• Retain and enhance detached single-family homes.
• Encourage the development of owner-occupied housing.
• Continue to strive for a mix of housing that accommodates a balance of all housing needs.
While not formally approved, it is worth noting that the requested variance would also be consistent with the
future land use category proposed for the subject property by the 2040 Comprehensive Plan Update –
Cultivate Hopkins. If approved, that plan would designate the future land use category for the subject
property as Suburban Neighborhood with a density range of 2 – 4 units per acre.
3. Does the proposal put property to use in a reasonable manner?
Finding: The proposal would put the subject property to use in a reasonable manner. The proposed variance
would allow creation of two 80 foot wide by 132 feet deep 10,560 square foot single family lots. Single
family lots of this size are in harmony with the single family use and 80 foot wide zoning standards of the R-
3
1-C district and consistent with the density and goals and policies of the 2030 Comprehensive Plan.
4. Are there unique circumstances to the property not created by the landowner?
Finding: There are unique circumstances to the property that were not created by the landowner. The
original plat created lots that were 40 feet wide and 132 feet deep. These dimensions would naturally create
lots that were 5,280 square feet for a single lot or 10,560 square feet for two lots. Based on the design and
dimensions of the original plat, a 12,000 square foot minimum lot size is impractical.
5. Will the variance, if granted, alter the essential character of the locality?
Finding: Granting the requested variance would not alter the essential character of the surrounding area.
This standard evaluates if the proposed variances would produce a development that is “out of scale, out of
place, or otherwise inconsistent with the surrounding area.” The original plat created 16 block each
containing 30 lots with dimensions of approximately 40 feet wide by 132 feet deep. While the historical
development pattern has not strictly followed the original design, an analysis of the neighborhood found the
median lot size to be 10,665 square feet. The applicant’s minimum lot size variance request would produce
two 80 feet wide by 132 feet deep 10,560 square foot single family lots. Lots with this design are generally
consistent with the both the original plat and predominant existing surrounding development pattern.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the
City of Hopkins that the recitals set forth in this Resolution are incorporated into and made part of
this Resolution, and more specifically, constitute the express findings of the Commission.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Planning and Zoning
Commission of the City of Hopkins that based on the findings of fact contained herein, the
Commission hereby recommends that the City Council of the City of Hopkins approve the
Applicant’s requested variance.
Adopted this 18th day of December, 2018.
____________________________________
James Warden, Chair
137 Maple Hill Road Site Location Map
Zoning Variance Request
David and Karen Engelbret, property owners and applicants
Address: 137 Maple Hill Road, Hopkins MN 55232
Legal Description: Lots 8, 9, 10, and 11, Block 6, "F.A. Savage' s Interlachen Park"
Zone R-1-C
Phone Home: 952-933-7904; Cell 952-393-5767
Statement of Request
We request a variance to split our existing 160' wide by 132' deep single family Jot into
two 80' wide by 132' deep single family lots. This would produce two single family lots
that meet the minimum 80' width standards but would be approximately 1,440 sq. ft.
smaller than the current 12,000 sq. ft. minimum lot size required by the R-1-C zoning
district.
The northern lot would retain our existing single family home with a relocated garage
meeting city zoning standards. The new southern lot would likely have a new single
family home. The ability to divide our property would provide funds to remodel our
existing home for one-level living or to sell our current home and build on the newly
created lot.
Both the Hopkins Planning & Zoning Commission (7/24/18) and the City Council
(8/21/18) were supportive of our concept review plan and pursuit of a variance to address
our specific circumstances. Our variance proposal meets the "Practical Difficulty" legal
standard based on the five criteria addressed below.
1. Is variance in harmony with purposes and intent of the ordinance?
Yes. Based on current lot sizes in the R-1-C district, the two 10,560 sq. ft. Jots
resulting from the split are in harmony with the R-1-C neighborhood Jots . The
median R-1-C district lot size is 10,665 sq. ft., meaning 50% of the lots are
smaller than the median. By our count, approximately 47% of the lots in our
Interlachen Park neighborhood are under the 12,000 sq. ft. minimum size.
2. Is the variance consistent with the comprehensive plan?
Yes. It is our understanding the 2030 Comprehensive Plan allows for single
family detached residential dwellings at I to 7 units per acre. Our lots at I0,560
sq. ft. produce a development pattern at just over 4 units per acre. That is within
the allowable range for the proposed category. It also preserves and protects the
existing residential neighborhood.
3. Does proposal put property to use in a reasonable manner?
Yes. The variance most likely would result in one new single family home and the
modernization / enhancement of the existing single family home built in 1918. It
would also enable us to continue Jiving in our neighborhood of 34 years and age
in place.
4. Are there unique circumstances to the property not created by the landowner?
One unique circumstance is the lot's size. To our knowledge our property in
Interlachen Park is the only one in our neighborhood having both the square
footage and building layout for a potential split. In City meetings, we learned only
about five properties throughout the district may have similar circumstances. A
second unique circumstance is the current 12,000 sq. ft. R-1-C district minimum
lot size requirement. According to the City's research, which was discussed in the
Concept Plan Review meetings with City representatives, the requirement is not
reflective of the actual lot sizes in these neighborhoods. Approximately half the
existing properties do not meet the current lot size requiremen.t
5. Will the variance, if granted, alter the essential character of the neighborhood?
No. The resulting two properties would fit seamlessly into the neighborhood.
Close neighbors have expressed their support and four neighbors have expressed
interest in buying the property. Homes in the Interlachen Park neighborhood are
continually being updated to meet the needs of residents who wish to remain
living in the neighborhood. We too hope to continue living in Hopkins.
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Hopkins ZoningHopkins, MN R-1-C Zoning (Single Family Medium Density)May 2018
R-1-C SplitableParcels
R-1-C Above MeanSize (12,733 Sq. Ft)
R-1-C (Single FamilyMedium Density)
R-1-C Zoning