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VII.2, Resolution Approving the Variance Request for the Property Located at 37 19th Avenue North; Gallagher CITY OF HOPKINS City Council Report 2025-170 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Sam Gallagher, Associate Planner Date: December 1, 2025 Subject: 37 19th Avenue North Primary Entrance Front Façade Variance _____________________________________________________________________ OVERVIEW Jonathan Homes of MN, LLC requests a variance to the maximum primary entrance on a front façade to provide two primary entrances on the front façade at 37 19th Avenue North. Section 102-260 (f) (17) of the Hopkins Development Code requires one primary entrance on the front façade and for two-unit houses, allows a maximum of one primary entrance on the front façade in the N3-B Traditional Neighborhood, Small Lot zone. The findings detailed in this report must demonstrate a practical difficulty with meeting the City zoning requirements as required by Minnesota State Statute 462.357, Subdivision 6. RECOMMENDATION Staff recommends that the City Council adopt the following motion: “Move to adopt Resolution 2025-068, Approving the Variance Request for the Property Located at 37 19th Avenue North.” ANALYSIS BACKGROUND The subject property is zoned N3-B, Small Lot Traditional Neighborhood. The existing parcel was originally platted as Lots 28 and 29, Block 15, West Minneapolis Third Division according to Hennepin County. The residential structure on the lot was built in 1940. The lot is 10,689 square feet in area. The applicant intends to subdivide the parcel lots and construct two, two-unit houses through administrative approval. It should be noted that at this time the City is being asked for a decision on the primary entrance front façade variance. PROPOSAL The proposal orients one front door for each unit – two per two-unit home – to face the 19th Avenue North frontage street, which is one front façade per duplex primary entrance, 2 total, above the standard maximum allowed. The applicant requests a variance from this standard to preserve the design and performance of the rain gardens and maintain compliance with rate control requirements for stormwater management. The applicant indicates that the grading of the existing parcel makes compliance with the primary entrance maximum requirement that places a primary entrance on the side of each two-unit house impractical to comply with the stormwater rate control standards. Planning & Development The applicant notes that the placement of a primary entrance on the side of each two- unit house would reduce the stormwater flow into the raingarden and would not meet stormwater management requirements set by the Minnehaha Watershed District. The applicant submitted a request for a variance to orient one door for each unit on the front façade to preserve the design and performance of the rain gardens, maintain compliance with rate control standards set by the City and Watershed District and accommodate the needs of future residents. PLANNING & ZONING COMMISSION REVIEW At their November 25, 2025, meeting, the Planning & Zoning Commission held a public hearing pursuant to the procedures detailed in Article 13 of the Development Code to consider the variance application. Three members of the public spoke during the public hearing in opposition to the request. The speakers discussed their concerns with the scale and size of the proposed duplexes, concern with losing greenspace and trees, additional on-street parking, and concern about disturbances with construction. The City received one written comment on this item which is attached. During their discussion, Planning & Zoning Commission discussed potential alterations or modifications to the design of the buildings, and the stormwater treatment features. The Planning and Zoning Commission approved a motion on 4-1 vote recommending the City Council approve this application. LEGAL AUTHORITY City review of variance applications is a Quasi-Judicial action. Generally, if the application meets the review standards, the variance should be approved. The standards for reviewing variances are detailed in Minnesota State Statute 462.357, Subdivision 6. In Summary, variances may be granted when the applicant establishes there are "practical difficulties" in complying with the zoning regulations. A practical difficulty is defined by the five questions listed below. Economic considerations alone do not constitute a practical difficulty. In addition, under the statute, the City may choose to add conditions of approval that are directly related to and bear a rough proportionality to the impact created by the variance. VARIANCE REVIEW Staff have reviewed the variance request against the standards detailed in State Statute. The standards and staff findings for each are provided below. 1. Is the variance in harmony with the purposes and intent of the ordinance? Finding: The requested variance does not conflict with the purpose and intent of the zoning ordinance. The purpose and intent of zoning ordinance is to carry out the vision of the zoning ordinance and promote the orderly and beneficial development of the city. Although the number of primary entrances on the front façade are above the maximum standard allowed in the code, the design does not alter the essential character of the neighborhood as a whole. There are existing homes on nearby lots on 18th Avenue North and 17th Avenue North that have two primary entrances on the front façade, and include unit numbers, mailboxes, and sidewalks showing multiple units on the front façade and establish precedent for a diversified front façade. This requested variance also aligns with the Traditional Neighborhood zone’s intention to accommodate two-unit houses. 2. Is the variance consistent with the Comprehensive Plan? Finding: A stated goal of the Cultivate Hopkins 2040 Comprehensive Plan is to support and strengthen the city’s residential areas with reinvestment and appropriate infill. One policy associated with this goal is to continue to strive for a mix of housing that accommodates a balance of all housing needs and housing choices of the community. Granting the variance would be consistent with the Comprehensive Plan by allowing appropriate infill that would enhance the community’s housing choice options. 3. Does the proposal put the property to use in a reasonable manner? Finding: The proposal would put the property to use in a reasonable manner. The variance would allow the two-unit houses as designed to move forward without conflicting with stormwater management requirements. This would result in an opportunity for the lot to be improved with a traditional house building type, which is a permitted use in this zoning district. 4. Are there unique circumstances to the property not created by the landowner? Finding: Under this standard, the applicant must demonstrate the issues that prevent them from developing the subject property were caused by circumstances unique to the property that were not caused by them. The applicant indicates that the grading and layout of the lot and compliance with the maximum allowed primary entrances on the front façade subsequently makes compliance with the stormwater management requirement impractical. This grading on the lot is not a circumstance created by that landowner. 5. Will the variance, if granted, alter the essential character of the locality? Finding: The front façade of most of the homes on this block of 19th Avenue North maintain one primary entrance on the front façade as detached homes. However, there are existing homes on nearby lots on 18th Avenue North and 17th Avenue North that have two primary entrances on the front façade, and unit numbers, mailboxes, and sidewalk characteristics establishing precedent for a diversified front façade. The essential character of the neighborhood also includes two-unit houses that would be accommodated with this variance. ALTERNATIVES 1. Approval of the requested variance. By approving the application, a proposed one front door for each unit – two per two-unit home – to face 19th Avenue North would be allowed to be built. 2. Denial of the requested variance. Should the Council consider this option, it must also identify specific findings that support this alternative. 3. Continue for further information. If the Council indicates that further information is needed, the item should be continued. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2025-073 RESOLUTION APPROVING THE VARIANCE REQUEST FOR THE PROPERTY LOCATED AT 37 19th AVENUE NORTH WHEREAS, Jonathan Homes of MN, LLC (the “Applicant”), applied for a variance for the property on behalf of the owner, Paul Carlson, located at 37 19th Avenue North (PID 23-117-22-41-0142) legally described below: Lots 28 and 29, Block 15, West Minneapolis Third Division, Hennepin County, Minnesota (the “Property”); and WHEREAS, the Property is zoned N3-B, Small Lot Traditional Neighborhood; and WHEREAS, the City has adopted a zoning ordinance and other official controls for reasons that include, but are not limited to, protecting the character of properties and areas within the community, promoting the proper use of land and structures, fixing reasonable standards to which buildings, structures and land must conform for the benefit of all, and prohibiting the use of buildings, structures and lands in a manner which is incompatible with the intended use or development of lands within the specified zones; and WHEREAS, City Code Part III, Chapter 102, Article II, Section 102-260 (f) (17) allows a maximum of one front façade primary entrance for two-unit houses; and WHEREAS, pursuant to the aforementioned code provision, the Applicant has made a request to the City for a variance from the allowed maximum front façade primary entrance for two-unit houses to build two, two-unit houses with two primary entrances on the front façade and maintain compliance with stormwater rate control standards; and WHEREAS, pursuant to Minnesota Statutes, section 462.357, subd. 6(2), “[v]ariances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties.”; and WHEREAS, on November 25, 2025, pursuant to the procedural requirements contained in Article XIII, Section 102-13130 of the City Code, the Hopkins Planning and Zoning Commission (the “Commission”) held a public hearing on the Applicant’s requested variance and all persons present were given an opportunity to be heard. The Commission also took into consideration the written comments and analysis of City staff; and WHEREAS, based on a review of the Applicant’s request and their submissions, the written staff report, and after careful consideration of all other written and verbal comments concerning the requested variance, the Commission makes the following findings of fact with respect to the aforementioned criteria provided in Minnesota Statutes, section 462.357, subd. 6(2): 1. Is the variance in harmony with purposes and intent of the ordinance? Finding: The requested variance does not conflict with the purpose and intent of the zoning ordinance. The purpose and intent of zoning ordinance is to carry out the vision of the zoning ordinance and promote the orderly and beneficial development of the city. Although the number of primary entrances on the front façade are above the maximum standard allowed in the code, the design does not alter the essential character of the neighborhood as a whole. There are existing homes on nearby lots on 18th Avenue North and 17th Avenue North that have two primary entrances on the front façade, and include unit numbers, mailboxes, and sidewalks showing multiple units on the front façade and establish precedent for a diversified front façade. This requested variance also aligns with the Traditional Neighborhood zone’s intention to accommodate two-unit houses. 2. Is the variance consistent with the comprehensive plan? Finding: A stated goal of the Cultivate Hopkins 2040 Comprehensive Plan is to support and strengthen the city’s residential areas with reinvestment and appropriate infill. One policy associated with this goal is to continue to strive for a mix of housing that accommodates a balance of all housing needs and housing choices of the community. Granting the variance would be consistent with the Comprehensive Plan by allowing appropriate infill that would enhance the community’s housing choice options. 3. Does the proposal put property to use in a reasonable manner? Finding: The proposal would put the property to use in a reasonable manner. The variance would allow the two-unit houses as designed to move forward without conflicting with stormwater management requirements. This would result in an opportunity for the lot to be improved with a traditional house building type, which is a permitted use in this zoning district. 4. Are there unique circumstances to the property not created by the landowner? Finding: Under this standard, the applicant must demonstrate the issues that prevent them from developing the subject property were caused by circumstances unique to the property that were not caused by them. The applicant indicates that the grading and layout of the lot and compliance with the maximum allowed primary entrances on the front façade subsequently makes compliance with the stormwater management requirement impractical. This grading on the lot is not a circumstance created by that landowner. 5. Will the variance, if granted, alter the essential character of the locality? Finding: The front façade of most of the homes on this block of 19th Avenue North maintain one primary entrance on the front façade as detached homes. However, there are existing homes on nearby lots on 18th Avenue North and 17th Avenue North that have two primary entrances on the front façade, and unit numbers, mailboxes, and sidewalk characteristics establishing precedent for a diversified front façade. The essential character of the neighborhood also includes two-unit houses that would be accommodated with this variance. WHEREAS, staff recommended approval of the above stated application based on the findings outlined in the staff report dated December 1, 2025, NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby approves the variance application from Jonathan Homes of MN LLC on behalf of the property owner, Paul Carlson, located at 37 19th Avenue North. Adopted by the City Council of the City of Hopkins this 1st day of December, 2025. 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PROPOSED FRONT ELEVATION DISCLAIMER ALL MEASURMENTS AND LOCATIONS OF OBJECTS HAVE BEEN PLACED AS ACCURATELY AS POSSIBLE. SOME ADJUSTMENTS MAY BE NECESSARY IN THE ACTUAL CONSTRUCTION DUE TO STRUCTURAL FRAMING AND OTHER FIELD CONSIDERATIONS THE HOPKINS DUPLEX PROJECT 37 19TH AVE N HOPKINS, MN BED BATH LOWER MAIN UPPER FINISHED UNFINISHED LL GARAGE 4 4 705 843 1,210 2,758 154 338 COPYRIGHT NOTICE THE FLOORPLANS AND ELEVATIONS OF ALL HANSON BUILDERS INC. HOMES ARE COPYRIGHTED BY HANSON BUILDERS, LLC. OUR COPYRIGHTS HAVE BEEN ENFORCED AND WILL CONTINUE TO BE ENFORCED. THESE PLANS MAY NOT BE GIVEN TO OR USED BY ANY OTHER PERSON OR CONPANY WITHOUT WRITTEN PERMISSION. DISCLAIMER ALL MEASURMENTS AND LOCATIONS OF OBJECTS HAVE BEEN PLACED AS ACCURATELY AS POSSIBLE. SOME ADJUSTMENTS MAY BE NECESSARY IN THE ACTUAL CONSTRUCTION DUE TO STRUCTURAL FRAMING AND OTHER FIELD CONSIDERATIONS THE HOPKINS DUPLEX PROJECT 37 19TH AVE N HOPKINS, MN BED BATH LOWER MAIN UPPER FINISHED UNFINISHED LL GARAGE 4 4 705 843 1,210 2,758 154 338 COPYRIGHT NOTICE THE FLOORPLANS AND ELEVATIONS OF ALL HANSON BUILDERS INC. HOMES ARE COPYRIGHTED BY HANSON BUILDERS, LLC. OUR COPYRIGHTS HAVE BEEN ENFORCED AND WILL CONTINUE TO BE ENFORCED. THESE PLANS MAY NOT BE GIVEN TO OR USED BY ANY OTHER PERSON OR CONPANY WITHOUT WRITTEN PERMISSION. MUDROOM POCKET OFFICE DINING KITCHEN PANTRYHALF BATH GRILL MUDROOM POCKET OFFICE DINING KITCHEN PANTRYHALF BATH GRILL IMPERVIOUS PATIO IMPERVIOUS PATIO GREAT ROOM OWNERS BEDROOM OWNERS BATH WIC LOFT FULL BATH LAUN. BEDROOM 2 BEDROOM 3 14'-2"+/-13'-6"+/-9'-1"+/-5'-0"+/-8'-5"+/-12'-11"+/-12'-6"+/-10'-4"+/- 14'-2"+/- 10'-8"+/- 3'-9"+/- 3'-6"+/- 6'-9"+/- VAULTVAULT RAISED CEILING 11'-6"+/-FULL BATHWETBARFAMILY ROOM BEDROOM 4 MECH/STORAGE STORAGE 12'-9"+/-12'-2"+/-11'-9"+/-16'-0"+/-14'-11"+/-13'-3"+/-8'-11"+/-22'-0"+/-6'-9"+/- 10'-8"+/- 14'-2"+/-14'-11"+/-13'-3"+/-8'-11"+/-22'-0"+/-6'-9"+/- 10'-8"+/- 14'-2"+/- This Message Is From an External Sender Outlook Regarding Public Hearing for PID 23-117-22-41-0142 From Rachel <rhimbrock@gmail.com> Date Wed 11/12/2025 9:58 AM To Samantha Gallagher <sgallagher@hopkinsmn.com> Good morning. Sam.£ My name is Rachel Imbrock, and I live on 20th Avenue North here in Hopkins. I received a mailer on Monday, regarding the Hopkins Planning & Zoning Commission holding a public hearing regarding the PID named in the subject line of this email. Here's my feedback: I'm fine with it. Most feedback you receive, I would guess, would only be when people are against something. So wanted to let you know that there are lots of us out here who are fine with this variance as well. Rachel Imbrock 131 20th Avenue North Hopkins 11/12/25, 3:30 PM Inbox - Samantha Gallagher - Outlook https://outlook.office.com/mail/0/inbox/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0AQbpmkAdW006ipQd9GXazwgAAVEvkAgAA?deeplink…1/1