2019-004 Approving a Mininum Lot Size Variance for David and Karen Engelbret for the Property located at 137 Maple Hill Road with Property Identification Number (PID) 20-117-21-33-0016 CITY OF HOPKINS
HENNEPIN COUNTY,MINNESOTA
RESOLUTION 2019-004
RESOLUTION APPROVING A MINIMUM LOT SIZE VARIANCE FOR 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
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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 variance 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 City Council 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 the general 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
per 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 of80 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 properly 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 ofjust over 4 units per acre(43,560110,560 =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 ofhousing 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 subjectpmper
0 by the 2040 Comprehensive Plan Update—
Cultivate Hopkins If approved, that plan would designate the future land use category for the subject
properly 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 pr►rpeny to use in a reasonable manner. The proposed variance
would allow creation of two 80 foot wide by 132 feet deep 10,560 squarefoot single family lots Single
family lots of thu size are in harmony with the single family use and 80 foot wide tinning standards of the R-
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1-C district and consistent with the density andgoals and policies of the 2030 Comprehensive Plan.
4. Are there unique circumstances to the property not created by the landowner?
Finding.• There are unique anumstances 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 mate
lots that were 5,280 squarefeet for a single lot or 10,560 squarefeet for tura lots Based on the design and
dimensions of the original plat,a 12,000 squarefoot 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 thepmposed 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 appmximately 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 squarr feet. The applicant's minimum lot size variance request would produce
two 80 feet wide by 132 feet deep 10,560 squarefoot single family lots. Lots with this design are generally
consistent urith the both the original plat and predominant existing surmunding development pattern.
NOW,THEREFORE,BE IT RESOLVED by the City Council 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 City Council.
NOW,THEREFORE,BE IT FURTHER RESOLVED by the City Council of the City of
Hopkins that based on the findings of fact contained herein,the City Council of the City of Hopkins
hereby approves the Applicant's requested variance.
Adopted by the City Council of the City of Hopkins this 2"d day of January 2019.
ATTEST:
low) �Ly
Amy Domeier, City Clerk Molly CAunmings,MayAr
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