CR 08-072 Area Variance - 133 Oakwood RdG \TY OF
im
HOPKINS
July 30, 2008 Council Report 08 -72
AREA VARIANCE —133 OAKWOOD ROAD
Proposed Action
Staff recommends the following motion: Adopt Resolution 08 -44, approving an area variance
for 133 Oakwood Road.
At the Zoning and Planning meeting Mr. Jenny moved and Mr. Beddor seconded a motion to
adopt Resolution RZ08 -4, recommending approval of an area variance for 133 Oakwood
Road. The motion was approved unanimously_
Overview
The applicant, Charles Watts, is proposing to raze the existing home and construct a new
home at 133 Oakwood. 133 Oakwood consists of two 40 -foot lots. The existing home
straddles the two lots, as would the new home. The problem is that in the past homes were
allowed to straddle lot lines. This was not a good practice and is not allowed today. To
remedy the situation the owner will have to replat. Interlachen Park was platted as 40 -foot
lots; however, in this area each home is on two or three 40 -foot lots. The new lot will be 80'
x 133'.
The minimum lot size in the R -1 -C zoning district is 12,000 square feet; the proposed lot has
10, 642 square feet.
Primary Issues to Consider
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• What does the ordinance require?
• What are the specifics of the applicant's request?
• What special circumstances or hardship does the property have?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents
• Analysis of Issues
• Survey
• Resolution 08 -44
Nanc�)S. Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR08 -72
Page 2
Primary Issues to Consider
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
The subject property is zoned R -1 -C, Single Family Medium Density. The Comprehensive
Plan has designated the site as Low Density Residential. The proposed use complies with
both documents.
• What does the ordinance_ require?
The R -1 -C district requires a minimum lot size of 12, 000 square feet.
• What are the specifics of the applicant's request?
The applicant will be replatting the lots to combine them into one lot of approximately
10,642 square feet.
• What special circumstances or hardship does the property have?
The Zoning Ordinance states the following: a variance is a modification or variation from the
provisions of this code granted by the board and applied to a specific parcel of property
because of undue hardship due to circumstances peculiar and unique to such parcel. The
Zoning Ordinance also states the following: that the Commission must find that the literal
enforcement of the provision of the Zoning Ordinance would cause an undue hardship
because of circumstances unique to the individual property under consideration and that the
granting of a variance to the extent necessary to compensate for said hardship is in keeping
with the intent of this code.
Without the granting of this variance the lots will be unbuildable. The lot being unbuildable
is an undue hardship, and granting a variance will provide the applicant a reasonable use of
the property.
Surrounding uses
The site is surrounded by single family homes.
• What was the discussion at the Zoning and Planning Commission?
Ms. Anderson stated that the hardship was that the lots are unbuildable without the variance.
No one appeared regarding this item.
CR08 -72
Page 3
Alternatives
1. Approve the area variance. By approving the area variance, the applicant will be able to
construct the new home as proposed.
2. Deny the area variance. By denying the area variance, the applicant will not be able to
construct the new home as proposed. If the City Council considers this alternative,
findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
Benchmark 926.4 I
SENGHMARK:
RIM OF MANHOLE
ELEV.-926.4
I ^ � EXISTING DwELLaNG (
N 0) �. -- RETAINING WALL AS NEEDED I
� S 89'46'22"
I
-- ` FOUND IRON _
935.5
C e1
1 0 0 6
92a0 N PROPOSED
- s.� x C! N GAR E N
m
co O GARAGE A32 QOR
� � c ' 24 ' 0 ' \ - 3.0
PROPOSED 2 a I 938.5 y % DWELLING rn !
4 c0 !n
0 to
I n 0 CV
W •
I o
C o o C4 1 s.() Q1 I o
- � 3S I
Q N to Cr) i9 u' I 32.0 • 932 I U)
J 1 o p OR CH I I
`°
do
-- - - - - - \ 30 -0 -- - - - - -- I 9 4b, J7
Lo
I — —
30 r' cP 3 0 I J 1
-- - - - - -- -- - - - - -- \-
r
-- 133.03 --
99"54'42" E
Z
\ EXISTING DWELLING I
I
1701 Arcade Street, Maplewood, MN 55109 17 f3 L
FRO 1 ELtVA - I�
651429-3777 randy@bacchushomeg.com homeg.com F- snlfli PAUL
d accbuebomea.com Pn411t /PAX
�� ,(1r1�v►. (-Qnt i s P1 l Cl
July 23, 2008
To Whom It May Concern:
The intention of this letter is to express support for the variance request by Chuck and
Nora Watts to combine the two lots located at 133 Oakwood Road in Hopkins and
subsequently build a new home on the combined lot. The residents of Oakwood Road
listed below encourage the city of Hopkins to approve this request.
Anne and Tad VanderVorste 119 Oakwood Road
Matt and Erica Carlson 100 Oakwood Road
Kris and Ellen Ziegler 109 Oakwood Road
Bill and Maggie Sedoff 122 Oakwood Road
Dodi Swanberg 126 Oakwood Road
Amy Hyett 142 Oakwood Road
John and Marylou Domino 143 Oakwood Road
Thank you.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 08 -44
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING OF AN AREA VARIANCE
WHEREAS, an application for Variance VN08 -1 has been made by Charles Watts; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN08 -1 was made by Charles Watts on
July 14, 2008;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
July 29, 2008: 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 9 and 10, Block 4, F.A. Savages Interlachen Park
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN08 -1 to reduce the area for a lot
from 12,000 to 10,640 square feet is hereby approved based on the following Findings of Fact:
1. That 133 Oakwood does have a circumstance peculiar and unique to the
parcel.
2. That the lot is unbuildable without the variance.
3. That the applicant will not have reasonable use of the property without the
granting of a variance.
BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of
Hopkins, Minnesota, hereby determines that the literal enforcement of the 12,000 square foot
minimum lot size in the R -1 -C zoning district 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, and that the variance of 1,360 square feet is reasonable.
Adopted this 4th day of August 2008.
ATTEST:
Eugene J. Maxwell, Mayor
Terry Obermaier, City Clerk