2023-020 Resolution Denying the Variance Request for the Property Located at 13 Harrison Avenue South CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2023-020
RESOLUTION DENYING THE VARIANCE REQUEST FOR THE PROPERTY
LOCATED AT 13 HARRISON AVENUE SOUTH
WHEREAS, the City of Hopkins(the "City") is a municipal corporation, organized and
existing under the laws of the State of Minnesota; and
WHEREAS, Adam Price of Price Custom Homes (the "Applicant"), applied for
variances on behalf of Brianna Frederick, the fee owner of 13 Harrison Avenue South (PID
19-117-21-34-0153) legally described below:
Lot 2, Block 1, East Hopkins Addition, Hennepin County, Minnesota (the "Property");
and
WHEREAS, the Property is zoned N3-B, Small Lot Traditional Neighborhood; 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, City Code Part III, Chapter 102, Article II, Section 102-260 (d) (10)
requires attached garages in N3-B zones to be set back a minimum of 30 feet from the main
principal building's front facade; and
WHEREAS, City Code Part III, Chapter 102, Article II, Section 102-260 (d) (11) only
allows garage doors in the N3-B zone to be located on the rear, side, and street side
facades; and
WHEREAS, pursuant to the aforementioned code provisions, the Applicant has
made a request to the City for variances from the attached garage setback and garage door
location requirements to construct a single unit home; and
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
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4. Are there unique circumstances to the property not created by the
landowner?
Finding: There are not unique circumstances to the property that were not created by
the landowner. Under this standard, the applicant must demonstrate the issues that
prevent them from developing the subject property were caused by circumstances
unique to the property that were not caused by them. The lot is a regular shape with no
constraints on development in terms of topography or wetlands. The lot meets the
minimum lot area and lot width standards for the N3-B zone which could feasibly
accommodate development of a single unit household under the requirements of the
zoning code.
5. Will the variance, if granted, alter the essential character of the locality?
Finding: Granting the variance would alter the essential character of the surrounding area.
The vast majority of the homes in the surrounding area have garages that are set back
behind the main building's front façade in ways that would meet the current requirements
of the code. Only one other recently constructed home has a garage designed in a similar
manner to the proposed home, suggesting that granting the variance would continue a
trend that alters the existing character of the locality.
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 hereby
denies the Applicant's requested variances for the property located at 13 Harrison Avenue
South.
Adopted by the City Council of the City of Hopkins this 6th day of June, 2023.
By: poitAWAI
Brian Hunke, Mayor Pro Tempore
ATTEST:
OirM44eiUM
Amy Domeier, City Clerk
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