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.
By:___________________________
Patrick Hanlon, Mayor
ATTEST:
_______________________________
Amy Domeier, City Clerk
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RAINGARDENRAINGARDENRAINGARDENRAIN GARDENRequirement to
provide side
entrance for units
would make the rain
gardens too small to
meet watershed
requirements, not
meeting rate
control.Existing residenceExisting residenceCode required
side doors would
impede upon
privacy of existing
residence.
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