CR 05-148 Rear & Side Yard Setback 301 Burnes Dr
CiTY OF
m
HOPKINS
October 26, 2005
Council Report 05-148
REAR AND SIDE YARD SETBACK VARIANCE - 301 BURNES DRIVE
Proposed Action
Staff recommends the following motion: Move to adopt Resolution 05-108, approving a
side and rear vard variance at 301 Burnes Drive.
At the Zoning and Planning meeting, Mr. Paul moved and Mr. Aarness seconded a
motion to adopt Resolution RZ05-36, recommending approval of a side and rear yard
variance at 301 Burnes Drive. The motion was approved unanimously.
Overview
The applicant, Carl Peterson, is proposing to construct a 16' X 16' addition on the rear
of the home at 301 Burnes Drive. The property is in an R-I-C zoning district and
requires a 12-foot side yard setback and a 35-foot rear yard setback. The applicant is
requesting a one foot side yard and a three-foot rear yard variance.
The lot is uniquely shaped; all four sides have an angle. The only logical place to
construct an addition is in the location that the addition is proposed. Putting the addition
farther south will require a greater variance, and the south part ofthe house is the garage.
Primary Issues to Consider
. What does the ordinance require?
. What are the specifics of the applicant's request?
. What is the staffs recommendation?
. What was the discussion at the Zoning and Planning meeting?
Supporting Documents
. Analysis ofIssues
. Site Plans
. Resolution 05-108
Financial Impact: $ N/A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
YIN
Source:
CR05-148
Page 2
Primarv Issues to Consider.
. What does the ordinance require?
The ordinance requires a 12-foot side yard setback and a 35-foot rear yard setback.
. What are the specifics of the applicant's request?
The applicant is proposing to construct a 16' x 16' addition on the rear of the home.
This addition will require a one foot side yard variance and a three-foot rear yard
vanance.
. What is the staff's recommendation?
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.
In this case the shape of the property is the hardship. The lot is angled, which makes
putting on an addition difficult. The addition can not be placed on the south side of the
property because the garage is located in this area. The addition has been placed to
minimize the request of the variance.
. What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed variance. Carl and Mary Peterson, the applicants,
appeared before the Commission. Mr. Peterson stated that the proposed addition will be
located where the existing deck is located. No one appeared at the meeting regarding
this item.
Alternatives.
1. Approve the variance. By approving the variance, the applicant will be able to
construct the addition as proposed.
2. Deny the variance. By denying the variance, the applicant will not be able to
construct the addition as proposed. If the City Council considers this alternative,
findings of fact will have to be stated that support this recommendation.
3. Continue for further information. If the City Council indicates that further
information is needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 05-108
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A VARIANCE FOR A SIDE AND REAR YARD SETBACK
WHEREAS, an application for Variance VN05-9 has been made by Carl Peterson; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN05-9 was made by Carl Peterson on
September 30,2005;
2. That the Hopkins Zoning and Planuing Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
October 25, 2005: 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:
That part of Lot 5, Block 2, Campbell Fourth Addition, according to the
recorded plat thereof, which lies southerly of a line, and its extensions,
drawn from a point on the westerly line of said Lot 5 distant 114.77 feet
northerly from the southwesterly corner of said Lot 5 to a point on the
easterly line of said Lot 5 distant 107.51 feet northeasterly from the
southeasterly corner of said Lot 5.
NOW, THEREFORE, BE IT RESOLVED that application for Variance VN05-9 to
reduce the side yard setback from 12 feet to 11 feet and the rear yard setback from 30 feet to 28
feet is hereby approved based on the following Findings of Fact:
1. That subject parcel has a unique shape that makes it difficult to construct an
addition to the existing home.
Adopted this 1st day of November 2005.
ATTEST:
Gene Maxwell, Mayor
Terry Obermaier, City Clerk
000200 24/117/22 THOIYIAS BlJILDERS
ADVANCE SURVEYING
&
ENGINEERING
co.
5300 S. Hwy. No. 101 Minnetonka, IY1N 55345 Phone (612) 474 7964 Fa.'<: (612) 4748267
SURVEY FOR:
THOllfAS
BUILDERS
SURVEYED: March., 2000
DRAFTED: March 29, 2000
LEGAL DESCRIPTION:
That part of Lot 5, Block 2, Campbell 4th Addition, according to the recorded plat thereof, which lies
southerly of a line, and its extensions, drawn from a point on the westerly line of said Lot 5 distant
114.77 feet northerly from the southwesterly comer of said Lot 5 to a point on the easterly line of said
Lot 5 distant 107.51 feet northeasterly from the southeasterly corner of said Lot 5.
PROPOSED ELEVATIONS:
Top of Foundation 934.5; Garage Floor 934,1; Lowest Floor 926.5; Benchmark* 933.95
* Top of hydrant as shown
LIMITATIONS:
The scope of our serVices for this job is as follows:
L Showing the length and direction of boundary lines of the legal description which you furnished.
2. Showing the location of existing improvements we deemed important
3. Setting new monuments or verifYing existing monuments to mark the corners of the property.
4. Showing existing spot elevations necessary to show elevation differences on the site.
5. While we show a proposed location for this home, we are not as familiar with your house plans as
you and your architect and/or builder are. Check our proposed location and siting 'Dfthe home and
yard grades carefully to see that they match your plans before construction begins. Also, we are not
as familiar with local codes as the local building official and zoning official in this community are.
Be sure to show this survey to these officials, or any other officials that may have jurisdiction over
the home and its siting, and obtain their approvals before beginning construction.
6. We have provided a benchmark for your use in determining elevations for construction ou this site,
use that benchmark and nothing else for that purpose. Check the elevation of at least one other
feature shown to verify your elevations..
STANDARD SYMBOLS & CONVENTIONS:
" "Denotes 1/2" ill pipe with plastic plug bearing State License Number 9235, set, unless otherwise
noted. Proposed elevations are shown with a box around them, while existing elevations are shown
without a box. Arrows indicate the proposed flow of storm water on the site.
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CERTffiCATION: I hereby certify that this survey was prepared by me or under my direct
supervision and that I am a Professional Engm' eer and a Professional Surveyor under the Laws of the
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