2006-055CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 06-55
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A VARIANCE FOR A SIDE YARD SETBACK
WHEREAS, an application for 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 CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN06-1 to reduce the 8-foot
setback to 1.3 is hereby approved 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 awn Lot 14.
4. That Lot 14 is unbuildable without the variance.
5. That the previous common ownership and the 1.3 distance of feet from the
north property line are attributes that are unique to Lot 13.
BASED ON THE FOREGOING FINDINGS OF FACT, the City Council 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
approved subject to the following conditions:
1. 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.
3. The new house constructed on Lot 14 will have a 14-foot sideyard setback
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 six feet from the
south property line and that Lot 14 will grant a permanent easement of six
feet along the property line to Lot 13 for maintenance of the home located
on Lot 13.
7. That the above conditions be incorporated in a Declaration of Restrictive
Covenants to be recorded against the title of Lots 13 and 14. That cost
associated the preparation and recording the Declaration will be paid by
the applicant.
Adopted this 5th day of September 2006.
ATTEST:
erry O maier, City Clerk
Eug e J. xwell, Mayor