CR 99-154 Variance - Lot Size
C\IY OF
-
September 1, 1999
HOPKINS
Council Report 99-154
VARIANCE-LOT SIZE
ProDosed Action.
Staff recommends the following motion: Move to approve Resolution 99-76. approving a
variance to allow a 10.730 SQuare-foot lot.
At the Zoning and Planning meeting, Ms. Swanson moved and Mr. Gross seconded a motion
to approve Resolution RZ99-11, recommending approval of a lot size variance. The motion
was approved unanimously.
Overview.
The applicant, Arthur Johnson, is proposing to divide his lot at 307 Burnes Drive. Mr.
Johnson's lot is currently 24,365 square feet.
When Mr. Johnson purchased the lot in 1970, he was told that he could divide the lot in the
future. In 1970 the zoning requirements were 10,000 square feet per lot. This lot size would
have allowed Mr. Johnson to divide the lot. The zoning requirements were amended in 1977,
which increased the required lot size in Mr. Johnson's area to 12,000 square feet.
The applicant has applied for a waiver of plat to divide the lot. A single family home can be
constructed on the vacant lot if, the lot is divided.
Primarv Issues to Consider.
. What is the zoning of the property?
. What is the required lot size?
. What special circumstances or hardship does the property have?
. What is the staff recommendation?
. What was the discussion at the Zoning and Planning meeting?
SUDDortin2 Documents.
. Analysis of Issues
. Survey
. Resolution 99-76
CR99-154
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 is the required lot size?
The required lot size in the R-I-C district is 12,000 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 or variation from its provisions 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, Mr. Johnson purchased the property with the knowledge that in the future he
could divide the lot. Mr. Johnson's home was situated on the property to allow for the lot to
be divided. A home can be constructed on the vacant lot.
What is the staff recommendation?
Staff would recommend approval of the variance for the lot size, based on the fact that the
property does have a hardship because of the ordinance amendment that required a larger lot
size.
What was the discussion at the Zoning and Planning meeting?
Arthur Johnson, the applicant and his neighbor Ken Skold appeared before the Commission.
Mr. Skold reviewed the applicant's request with the Commission. Mr. Skold noted that the
required lot size had been increased since Mr. Johnson purchased the property.
Alternatives.
I. Approve the variance. By recommending approval of the variance, the applicant will be
able to divide the lot as proposed.
2. Deny the variance. By recommending denial of the variance, the applicant will not be
able to divide the lot 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.
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ROAjD
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 99-76
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A LOT AREA VARIANCE
WHEREAS, an application for Variance VN99-4 has been made by Arthur Johnson;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a lot area variance was made by Arthur Johnson on
July 21, 1999;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
August 31, 1999: all persons present were given an opportunity to be
heard;
3. That the written comments and analysis of City staff were considered; and
4. The legal description of the property is as follows:
Lot 5, Block 2, Campbell Fourth Addition, according to the plat thereof on
file and re~ord in the office of the Registrar of Titles in and for Hennepin,
and Tract B, Register Land Survey No. 1066, Files of Registrar of Titles,
County of Hennepin.
NOW, THEREFORE, BE IT RESOLVED that the application for Variance VN99-4 is
hereby approved based on the following Findings of Fact:
1. That the lot does have a hardship because of the irregular shape
2. That the ordinance requirements for lot size have been amended since the
applicant purchased the property.
BE IT FURTHER RESOLVED that application for Variance VN99-4 is hereby approved
based on the following conditions:
1. That the future sanitary sewer and water service connections be made in Minnetonka
Mills Road and that the property owner be required to install approximately 70 feet of
8-inch sanitary main, a manhole, and a connection to existing sanitary sewer in
Minnetonka Mills Road to achieve this.
Adopted this 7th day of September, 1999.
Charles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk