CR 96-111 Variance - Sideyard Setback - 415 Althea Lane•
June 27, 1996
Supporting Documents.
o Analysis of Issues.
o Site Plans.
o Resolution 96 -56A.
o Resolution 96 -56B.
Anderson, AICP
Council Report CR96 -111
VARIANCE -- SIDEYARD SETBACK, 415 ALTHEA LANE
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 96 -56k denying a 16-
inch sideyard variance to construct an addition to the existing garage at 415 Althea Lane.
At the June 25 Zoning and Planning meeting, Mr. Schumacher moved and Mr. Gleeson
seconded a motion to approve Resolution RZ96 -11, recommending approval of a 16 -inch
variance to construct an addition to the existing garage at 415 Althea Lane. The motion was
approved unanimously.
If the City Council decides not to follow the staff recommendation and but instead follow the
recommendation of the Planning Commission, Resolution 96 -56B allows the 16 -inch variance.
Overview.
The applicant, Tad Gullickson, is proposing to construct a 10' x 21' addition to the existing
garage. The existing garage is a one -stall garage. The applicant's home is situated on the lot
at a slight angle. The proposed garage will have an eight -foot, eight -inch sideyard setback
from the front part of the proposed garage addition and a l0 -foot setback from the rear of the
proposed garage addition. The Zoning Ordinance requires a 10 -foot sideyard setback in the
R -1 -D zoning district.
The applicant is also planning to construct an addition in the front of the home. This addition
meets the requirements of the Zoning Ordinance.
Primary Issues to Consider.
o What does the Zoning Ordinance require for a minimum sideyard?
o What special circumstances or hardship does the property have?
o Does the applicant have reasonable use of the property?
o What is the staff recommendation?
o What was the discussion at the Zoning and Planning meeting?
1
Primary Issues to Consider.
o What is the staff recommendation?
CR96 -111
Page 2
o What does the Zoning Ordinance require for a minimum sideyard?
The Zoning Ordinance requires a sideyard setback of 10 feet for a one story home in the
R - - zoning district.
o What special circumstances or hardship does the property have?
To establish entitlement to a variance, one must show that the zoning regulation would create
an undue hardship because of circumstances unique to the individual property. It must be
shown that if a variance is not granted, then the property would be rendered almost valueless.
The subject property does not have a special circumstance and undue hardship. This property
is not unique, as there are many other properties in Hopkins that have a one -car garage and
are limited to a one -car garage because of the sideyard setback.
o Does the applicant have reasonable use of the property?
The applicant does have reasonable use of the property as it exists today. The applicant
bought the property with a one -stall garage and has been living in the home. The applicant
may not have a double -car garage, but does have reasonable use of the property.
Staff would recommend that the applicant be denied the side -yard variance, based on the fact
that the landowner's personal desires are not generally the type of special circumstance or
undue hardship that warrants the granting of variance.
o What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the applicant's request. Ms. Anderson noted that the applicant did
not have an undue hardship or a special circumstance for the granting of the variance. Ms.
Anderson also stated that the neighbor to the Gullickson's had submitted a letter in favor of
the variance. Julie Gullickson, the applicant, appeared before the Commission. Mrs.
Gullickson stated that the home was angled and that the proposed garage would be 10 feet
from the side lot line at the rear of the proposed addition.
Alternatives.
1. Approve the variance for the side -yard setback. By approving the side -yard setback
variance, the applicant will be able to construct the garage as proposed. If the City
Council considers this alternate, the City Council should approve Resolution 96 -56B.
• 2. Deny the variance for the side -yard setback. By denying the side -yard variance, the
applicant will not be able to construct the garage as proposed.
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: 96 -56A
ATTEST:
RESOLUTION MAKING FINDINGS OF FACT AND
DENYING AN APPLICATION FOR A SIDEYARD VARIANCE
AT 415 ALTHEA LANE
WHEREAS, an application for Variance VN96 -1, made by Tad Gullickson, to construct an
addition to the existing garage at 415 Althea Lane is denied.
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN95 -1 was filed with the City of Hopkins on May 24,
1996.
2. That the Hopkins Planning Commission, pursuant to mailed notices, held a meeting on the
application and reviewed such application on June 25, 1996.
3. That the written comments and analysis of the City Staff and the Planning Commission
were considered.
4. A legal description of the subject property is as follows:
Lot 3, Block 7, Hobby Acres Lohman- Aarhus Division
NOW, THEREFORE, BE IT RESOLVED that the application for Variance VN96 -1 is hereby
denied based on the following Findings of Fact:
1. That the applicant does not have a unique hardship to warrant the granting of a
variance.
2. That the applicant has reasonable use of the property without the granting of the
variance.
Adopted this 2nd day of July 1996.
• James A. Genellie, City Clerk
Charles D. Redepenning, Mayor
•
IP
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 96 -56B
RESOLUTION MAKING FINDINGS OF FACT FOR
APPROVAL OF AN APPLICATION FOR A SIDEYARD VARIANCE
AT 415 ALTHEA LANE
WHEREAS, an application for Variance VN96 -1, made by Tad Gullickson, to construct an
addition to the existing garage at 415 Althea Lane is approved.
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN95 -1 was filed with the City of Hopkins on May 24,
1996.
That the Hopkins Planning Commission, pursuant to mailed notices, held a meeting on the
application and reviewed such application on June 25, 1996.
3. That the written comments and analysis of the City Staff and the Planning Commission
were considered.
4. A legal description of the subject property is as follows:
Lot 3, Block 7, Hobby Acres Lohman- Aarhus Division
NOW, THEREFORE, BE IT RESOLVED that the application for Variance VN96 -1 is hereby
approved based on the following Findings of Fact:
1. That the lot is angled where the proposed addition will be constructed.
Adopted this 2nd day of July 1996.
ATTEST:
James A. Genellie, City Clerk
Charles D. Redepenning, Mayor
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