CR 99-100 Variance - Setback Garages
CITY Of:
~
HOPKINS
. May 28, 1999 Council Report 99-100
V ARlANC~SETBACK GARAGES
Proposed Action.
Staff recommends the foHowing motion: Move to approve Resolution 99-44. approving a
variance to allow a six-inch setback for the construction of 13 garages.
At the Zoning and Planning meeting, Ms. Boen moved and Ms. Swanson seconded a motion
to approve Resolution RZ99-6, recommending approval of a setback variance. The motion
was approved unanimously.
Overview.
The apartment complex at 529-17th Avenue North is proposing to construct 13 one-stall
garages on the east side of the lot. There is a garage on the northeast corner of the lot. The
area where the garages will be located is currently used as a parking area.
The existing apartment building has 15 one-bedroom apartments and 8 two-bedroom
apartments. With the garage addition there will be 14 surface parking spaces and 13 covered
. parking spaces.
Primarv Issues to Consider.
. What is the zoning of the property?
. What is the required setback for an accessory building?
. What are the specifics of the garages?
. What special circumstances or hardship does the property have?
. What is the staff recommendation?
. What was the discussion at the Zoning and Planning meeting?
SUDDortinl! Documents.
. Analysis ofIssues
. Site Plan
. Resolution 99-44
0n~~ OrdoADJJn
Nancy . Anderson, AICP
. Planner
CR99-100
Page 2
e Primary Issues to Consider.
. What is the zoning of the property?
The subject property is zoned R-4, Medium High Density Multiple Family.
. What is the required setback for an accessory building?
The minimum setback for an accessory building is three feet.
. What are the specifics of the garages?
The garages will be located on the east side of the site. The garage building will be 117' x
20'. This size building will allow for 13 garages.
. 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 ofthis code.
The drive aisle with a three-foot setback would be approximately 17 feet. The applicant
stated on the variance application that if there is a three-foot setback, this setback would deny
parking and access. Seventeen feet is not enough room for access to the garages.
In this case the subject property has an undue hardship. Without the variance the garages
will not be able to be constructed, because of the width of the drive aisle.
. What is the staff recommendation?
Staff would recommend approval of the variance for the setback, based on the fact that the
property does have a hardship.
. What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the variance with the Commission. Daryl Peterson, the applicant,
appeared before the Commission. Mr. Peterson showed the Commission pictures of where
the building would be placed.
.
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CR99-100
Page 3
. Alternatives.
1. Approve the variance. By approving the variance, the applicant will be able to construct
the garage as proposed.
2. Deny the variance. By denying the variance, the applicant will not be able to construct
the garages 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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CITY OF HOPKINS
. Hennepin County, Minnesota
RESOLUTION NO: 99-44
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
A SETBACK VARIANCE AT 529-17TH AVENUE NORTH
WHEREAS, an application for Variance VN99-3 has been made by Daryl Peterson;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a setback variance was made by the Daryl Peterson on
April 23, 1999;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice,
held a meeting on the application and reviewed such application on May 25,
1999: 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:
e The west 271 feet of that part of the Northwest 114 of the Northwest 114 of Section
24 Township 117 Range 22, West of the 5th Principal Meridian described as
follows: Commencing at the northwest comer of said section; thence east along
the north line of said section 331 feet; thence southerly and parallel with the west
line of said section 141.6 feet; thence west and parallel with the north line of said
section to the west line thereof; thence north along said west line 141.6 feet to
point of beginning
NOW, THEREFORE, BE IT RESOLVED that the application for Variance VN99-2 is hereby
approved based on the following Findings of Fact:
1. That the lot does have a hardship to grant a variance because of the width of
the drive aisle.
Adopted this 1 st day of June, 1999.
Charles D. Redepenning, Mayor
ATTEST:
. Terry Obermaier, City Clerk