CR 98-110 Variance - Front Yard SetbackJuly 2, 1998
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 98 -44, approving a
variance to park in the front yard setback.
At the Zoning and Planning meeting, Mr. Blair moved and Mr. Gross seconded a motion to
approve Resolution RZ98 -14, recommending approval of a variance to park in the front yard
setback. The motion was approved unanimously.
Overview.
The applicants, Jim Benshoof, George Watson, and Jeff Schoenbauer, are proposing to
construct a 5 500 square -foot office building on the property owned by the City along County
Road 3. The building would be a single story.
The applicants are purchasing the lot from the City. The property on County Road 3 from
Eighth Avenue to west of where Ninth Avenue would intersect if it were extended.
The zoning ordinance requires a 20 -foot setback for a front yard abutting a county road. The
building is set back 20 feet, but there is parking within the 20 -foot setback. The zoning
ordinance does not allow parking within the front yard setback.
The site is a very difficult site on which to construct a building. In addition to the narrow lot,
there are several utility easements located on the site.
Primary Issues to Consider.
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• What are the specifics of the variance?
• Does the property have a hardship?
What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
• Analysis of Issues
• Site Plans
• Resolution 98 -44
G s IA cut
Nanc S. Anderson, AICP
Planner
j
0
VARIANCE — FRONT YARD SETBACK
Council Report 98 -110
CR98 -110
Page 2
Primary Issues to Consider.
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
The site zoning is B -3, General Business. The Comprehensive Plan has designated the site as
Commercial. The proposed development complies with both designations.
What are the specifics of the variance?
The front yard setback for the site is 20 feet. Parking is allowed in setbacks except for the
front yard setback. The site plan indicates that there will be parking in nine feet of the front
yard setback on the east side, reducing to six feet on the west side.
Does the property have a hardship?
The subject site is a very difficult site on which to construct a building. The site is narrow
and has several easements. The applicant has looked at many different options, and the
current site plan minimizes the variance requirement by having the parking only in the front
yard setback.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the reasons for the variance. Jim Benshoof and George Watson
appeared before the Commission. Mr. Watson reviewed the various easements on the site.
No one in the audience spoke on this item.
Alternatives.
1. Approve the variance. By approving the variance, the applicant will be able to construct
the office building as proposed.
2. Deny the variance. By denying the variance, the applicant will not be able to construct
the building 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.
WHEREAS, an application for a Variance VN98 -3 has been made by Jim Benshoof, George Watson,
and Jeff Schoenbauer;
WHEREAS, the procedural history of the application is as follows:
3. That the written comments and analysis of City staff were considered; and
4. The legal description of the property is as follows:
Lot 2, Block 1, 10417 Associates Addition
NOW, THEREFORE, BE IT RESOLVED that the application for Variance VN98 -3 is hereby
approved based on the following Findings of Fact:
ATTEST:
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 98 -44
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING TO ALLOW PARKING IN THE FRONT YARD SETBACK
1. That an application for a variance to park in the front yard setback was made by
Jim Benshoof, George Watson, and Jeff Schoenbauer on June 10, 1998;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice,
held a meeting on the application and reviewed such application on June 30,
1998: all persons present were given an opportunity to be heard;
1. That the lot has a hardship based on the narrow dimension.
2. That the lot has a hardship because of the utility easements.
BE IT FURTHER RESOLVED that application for Variance VN98 -3 is hereby approved based
on the following conditions:.
1. That the conditional use permit to construct the proposed building is approved.
Adopted this 7th day of July, 1998.
Terry Obermaier, City Clerk
Charles D. Redepenning, Mayor
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