CR 96-4 Variance - 10ft Side-Yard Setback - 530 11th Ave SDecember 27, 1996
VARIANCE -10 -FOOT, SIDE -YARD SETBACK, 530 11TH AVENUE SOUTH
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 96 -3. approving a
10 -foot side yard variance for the office/warhouse at 530 1 lth Avenue South.
At the Zoning and Planning meeting, Mr. Blair moved and Mr. Gleeson seconded a motion to
approve Resolution RZ95 -36, recommending approval of a 10 -foot side yard variance for the
construction of an office/warehouse at 530 1 lth Avenue South. The motion carried
unanimously.
Overview.
The applicant, Diamond Laboratories, has applied for a conditional use permit to construct an
office/warehouse on the former Little League site. The site has an existing 50 -foot Nine Mile
Creek easement on the south side Nine Mile Watershed District will not allow construction
of any kind over this easement, not even a parking lot. Because of this easement, any
construction on the site is moved to the north.
The Zoning Ordinance requires a 20 -foot setback on all sides in the I -1 zoning district. The
building will have a 20 -foot setback on all sides except the northerly side. The northerly
setback will be 10 feet.
Primary Issues to Consider.
o What does the Zoning Ordinance require for a side yard?
o What special circumstances or hardship does the property have?
o What is the staff recommendation?
o What occurred at the zoning and planning meeting?
Supporting Documents.
o Analysis of Issues.
o Site Plans.
o Resolution 96 -4.
Council Report 96-4
Primary Issues to Consider.
o What does the Zoning Ordinance require for a minimum side yard?
The Zoning Ordinance requires a side -yard setback of 20 feet in the I -1 zoning district.
o What special circumstances or hardship does the property have?
The special circumstance and hardship with this site is the 50 -foot easement on the south side
of the property. Nine Mile Watershed District will not allow anything to be constructed on
the easement. Usually parking lots are constructed on easements, but in this case the
watershed district will not allow the parking lot on the easement. Because the watershed
district will not allow the parking lot constructed on the easement, the parking lot and building
are moved farther to the north.
This easement is unique to the property and is not shared by all other properties in the area.
o What abuts the area where the variance is being requested?
The area abutting the side yard where the variance is being requested is a railroad
right -of -way.
o What is the stall' recommendation?
CR96 -4
Page 2
Staff would recommend that the applicant is granted the side -yard variance for the
construction of the proposed office/warehouse.
o What occurred at the zoning and planning meeting?
Staff stated that there was an easement for Nine Mile Creek on the south side of the property
and the Watershed District will not allow any construction on this easement. Because of this
easement, the parking lot and building have been shifted to the north side of the site.
Alternatives.
1. Approve the variance for the side -yard setback. By approving the side -yard variance, the
applicant will be able to construct the office/warhouse as proposed.
2. Deny the variance for the side -yard setback. By denying the side -yard setback variance,
the applicant will not be able to construct the office/warehouse as proposed. If the City
Council recommends this alternate, 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: 96 -3
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN APPLICATION FOR A 10 -FOOT SIDE -YARD SETBACK
VARIANCE AT 530 11TH AVENUE SOUTH
WHEREAS, an application for Variance VN95 -4 made by Diamond Laboratories for a 10 -foot
side -yard setback variance for the construction of an office/warehouse building at 530 1 lth Avenue South
is recommended for approval.
WHEREAS, the procedural history of the application is as follows.
That an application for Variance VN95 -4 was filed with the City of Hopkins on December
4, 1995.
• 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notices, held a
meeting on the application and reviewed such application on December 26, 1995.
3. That the written comments and analysis of the City staff and the Zoning and Planning
Commission were considered.
4. A legal description of the subject property is as follows:
Lots 1 to 10, Block 54, West Minneapolis, according the plat thereof on file or of record in the
office of the Register of Deeds in and for Hennepin County, Minnesota.
All the vacated alley dedicated to the public in Block 54 of the plat of West Minneapolis and that
part of vacated 12th Avenue and vacated Railroad Boulevard (dedicated as Railway Boulevard in
said plat) lying between the West and Northerly line of said Block 54 and the following described
line:
Commencing at the Southwest corner of said Block 54 thence West along the Westerly extension
of the South line of said block to the center line of vacated 12th Avenue, thence North along said
centerline to the Northerly line of Railroad Boulevard, thence Northeasterly along the Northerly
line of Railroad Boulevard to its intersection with the Northerly extension of the East line of said
Block 54, thence South along said extension to the Northeast corner of said block, and said line
there terminating.
NOW THEREFORE, BE IT RESOLVED that the application for Variance VN95 -4 is approved
based on the following Findings of Fact.
1. That subject site has a special circumstance and hardship due to the Nine Mile
Watershed District easement.
BE IT FURTHER RESOLVED that application for Variance VN95 -4 is hereby approved based
on the following conditions:
1. That the conditional use permit is granted for the construction of the office/warehouse.
Adopted this 2nd day of January 1996.
ATTEST:
ap James A. Genellie, City Clerk
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Charles D. Redepenning, Mayor