CR 96-172 Arts Facility - Variances• October 31, 1996 Council Report 96 -172
ARTS FACILITY -- VARIANCES
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 96 -91, approving the following
variances:
o 25 -foot 8 -inch side yard variance
o 15 -foot rear yard variance
o 7 -foot 8 -inch height variance
At the October 29, 1996, Zoning and Planning meeting, Mr. Brausen moved and Mr. Blair seconded a
motion to approve Resolution RZ96 -18, recommending approval of variances for the arts facility. The
motion was approved unanimously.
Overview.
The Hopkins HRA is proposing to construct an arts facility on the former Suburban Chevrolet site.
The subject site abuts a residential zoning district on the north side and is subject to the setbacks of the
residential district. The sideyard setback for the R-4 zoning district is 15 feet or one -half the height.
In this case the building is 52 feet 8 inches, which would make the side yard setback 26 feet 4 inches.
The site is situated on a corner. The Zoning Ordinance determines that the front yard is the shortest
side. Either 11th or 12th Avenue could be the front yard, which still would require a variance for the
rear yard. Staff has selected 1 lth Avenue for the front yard.
The stage area is 52 feet 8 inches in height. The Zoning Ordinance allows a maximum height of 45
feet in the B -3 zoning district.
Primary Issues to Consider.
o What does the Zoning Ordinance require for setbacks?
o What special circumstances or hardship does the property have?
o Will there be reasonable use of the property without the granting of the variances?
o What are the surrounding uses?
o What is the staff recommendation?
o What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
o Analysis of Issues.
o Site Plans.
o Resolution 96 -91.
11111 4 In Pi lb as
Nancy S. Anderson, AICP
Planner
•
Page 2
Primary Issues to Consider.
o What does the Zoning Ordinance require for setbacks?
zoning requirements proposed
north side yard: 26 feet 4 inches 1
rear yard: 15 feet 0
height: 45 feet 52 feet 8 inches
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.
Because the property is situated on a corner, the Zoning Ordinance does not consider Mainstreet as
the front yard; if this was not a corner lot, Mainstreet would be the front yard. Corner lots in many
cases present problems with setbacks. The property to the north is zoned residential, which creates a
larger setback, but in reality there are no homes to the north. Buildings for services, such as
telephone, electric, etc., are allowed in residential areas. If the property to the north were zoned
commercial, the side yard setback would be zero.
o Will there be reasonable use of the property without the granting of the variances?
Without the granting of the variances, the arts facility as designed would not be able to be constructed
and get full use of the property.
o What are the surrounding uses?
The site is surrounded by the theater /restaurant to the south, Boston Garden to the east, U.S. West to
the north and Firestone to the west.
o What is the staff recommendation?
The staff is recommending that the variances be granted.
o What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the need for the variances for the construction of the arts facility with the
Commission. Dan O'Brien, the architect for the arts facility appeared before the Commission. Mr.
O'Brien reviewed the need for the variances. No one spoke at the meeting regarding the variances.
Alternatives
CR96 -172
Page 3
1. Approve the variance. By approving the variances, the arts facility will be able to be constructed
as proposed.
2. Deny the variances for the construction of the arts facility. By denying the variances, the arts
facility will not be able to be constructed as proposed. If the City Council considers 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.
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 96 -91
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN APPLICATION FOR SIDE YARD, REAR YARD,
AND HEIGHT VARIANCES FOR THE ARTS FACILITY
WHEREAS, an application for Variance VN96 -2, was filed with the City of Hopkins to construct
an arts facility on Mainstreet between 11th and 12th Avenues, is approved.
WHEREAS, the procedural history of the application is as follows.
That an application for Variance VN95 -2 was filed with the City of Hopkins on September
27, 1996.
2. That the Hopkins Planning Commission, pursuant to mailed notices, held a meeting on the
application and reviewed such application on October 29, 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 10, Block 70, Lot 11, Block 70, West Minneapolis Second Division, according to the plat thereof on
file or of record in the office of the Register of Deeds for said County.
Lots 12, 12, 14 and 15, Block 70, West Minneapolis Second Division, according to the recorded plat
thereof, and situated in Hennepin County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED that the application for Variance VN96 -2 is hereby
approved based on the following Findings of Fact:
1. That the lot is a corner lot.
2. That an arts facility requires a higher building because of the stage.
Adopted this 6th day of November 1996.
Charles D. Redepenning, Mayor