CR 01-053 Variance-Rear Yard Setback
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April 26, 2001
HOPKINS
Council Report 2001-53
VARIANCE-REAR YARD SETBACK
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 01-26. approving
a variance for a nine-foot rear yard variance at 100 Maple Hill Road.
At the Zoning and Planning meeting Mr. Szuba moved and Mr. Ross seconded a motion
to approve Resolution RZO-02, recommending approval of a nine-foot rear yard
variance. The motion was approved unanimously.
Overview.
The applicant is requesting a variance for a nine-foot rear yard setback. The home is
situated on the comer of Boyce and Maple Hill. The Zoning Ordinance requires the
front yard on a comer lot to be the side of the lot with the shortest frontage. In this case
Maple Hill Road is the front yard. For some reason the applicant's home was
constructed on the lot with a 26-foot rear yard setback.
The applicants are proposing to put two additions on the north and south sides of the
existing home. The additions will have the same building line as the existing home on.
the west side of the property.
Primary Issues to Consider.
. What is the zoning of the property?
. 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?
Supportin2 Documents.
. Analysis of Issues
. Site Plan
. Resolution 01-26
Nanc S. Anderson, AICP
Planner
.
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
..
CROl-53
Page 2
Prima" Issues to Consider.
What is the zoning of the property?
The subject property is zoned R-I-C, Single Family Medium Density
What does the ordinance require?
The ordinance requires a rear yard setback of35 feet in an R-I-C zoning district.
What are the specifics of the applicant's request?
The applicant has requested a variance for a nine-foot rear yard setback.
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.
The subject site is unique because the home was constructed with a 26-foot rear yard
setback. If the home had been constructed with Boyce as the front yard, the setback to
the south would not meet the required 35 feet. Staff is recommending approval because
the existing home has a 26- foot rear yard setback and the proposed additions will not
exceed the existing 26- foot setback.
What was the discussion at the Zoning and Planning meeting?
Staff reviewed the applicants' variance request. Christine Miller, one of the applicants'
appeared before the Commission. Ms. Miller stated that the neighbors have not objected
to the variance and the setback will remain the same as it is now.
Alternatives.
1. Approve the variance. By approving the variance, the applicant will be able to
construct the additions as proposed.
2. Deny the variance. By denying the variance, the applicant will not be able to
construct the additions as proposed. If the City Council considers this alternative,
findings of fact will have to be stated that support this recommendation.
CROl-53
Page 3
3. Continue for further information. If the City Council indicates that further
information is needed, the item should be continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 01-26
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING NINE- FOOT REAR YARD VARIANCE
WHEREAS, an application for Variance VNOO-I has been made by Hunerberg Construction
Company;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a variance was made by Hunerberg Construction
Company on April 6, 20D 1;
2. That the Hopkins Zoning and Planning Commission, pursuant to. mailed notice,
held a meeting on the application and reviewed such application on April 24,
2001: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staffwere considered; and
4. The legal description of the property is as follows:
Lots 29 and 30 and the north 20 feet of Lot 28, Block 5 F.A. Savage's Interlachen
Park.
NOW, THEREFORE, BE IT RESOLVED that the application for V arianceVNO 1-1 is hereby
approved based on the following Findings of Fact:
1. That the proposed additions will follow the same building line as the existing home.
2. That the existing rear yard setback will not be reduced.
Adopted this 1 st day of May 2001.
ATTEST:
Eugene 1. Maxwell, Mayor
Terry Obermaier, City Clerk