CR 06-097 Sideyard Setback Variance-109 - 11th Ave N
C\TY OF
m
August 30, 2006
HOPKINS
Council Report 06-97
SIDEY ARD SETBACK VARIANCE - 109 - 11 th AVENUE NORTH
ProDosed Action
Staff recommends the following motion: Move to adopt Resolution 06-55. approving a sideyard
setback variance at 109 - 11th Avenue North with the conditions as outlined in Resolution 06-55.
At the Zoning and Planning meeting, Mr. Hatlestad moved and Mr. Aamess seconded a motion
to adopt Resolution RZ06-19, recommending approval of a sideyard setback variance at 109 -
11th Avenue North with the conditions as outlined in Resolution RZ06-19. The motion was
approved unanimously.
Overview
109 - 11th Avenue North consists of two 50-foot lots owned by one individual. An existing home
and garage is on the southerly lot. The northerly lot has an existing 22' x 32' garage located to
the rear of the lot. The applicant wants to sell the northerly lot for the purpose of constructing a
new home.
The existing home is 1.3 feet on one comer from the northerly lot line, and the existing garage is
on the northerly lot by .4 feet. The selling of the lot presents some problems. The first is the
northerly sideyard setback of the house; the second is the existing garage is on another lot; and
the third is the ordinance does not allow the construction of a garage on a lot before a house is
constructed. Because the applicant owns both lots, these conditions are not issues. If the
northerly lot were to be sold, the southerly lot would not have the correct setbacks and the
northerly lot, because of the garage, would not meet the zoning requirements.
Primarv Issues to Consider
. What does the ordinance require?
. What are the specifics of the applicant's request?
. What is the staff s recommendation?
. What are the conditions that would recommend if the variance is granted?
. What was the discussion at the Zoning and Planning meeting?
SUDDortin2 Documents
. Analysis of Issues
. Survey
. Resolution 06-55
Nanc . Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR06-97
Page 2
Primarv Issues to Consider.
What does the ordinance require?
The ordinance requires an 8- foot sideyard setback for the house and a three-foot setback for the
garage.
What are the specifics of the applicant's request?
The existing home was constructed sometime around 1929-30. At some point after that Lot 14,
the northerly lot, was owned by the same owners. It appears that in 1972 the garage on Lot 14
was constructed. Staff cannot determine when the garage that is over the lot line was
constructed.
The applicant is requesting a 6.7 foot sideyard variance. The existing house is 1.3 feet from the
north lot line. and the existing garage on Lot 13 is over the lot line on Lot 14.
. What is the staffs recommendation?
The Zoning Ordinance states the following: a variance is a modification or variation from the
provisions of this code granted by the board and applied to a specific parcel of property because
of undue hardship due to circumstances peculiar and unique to such parcel. The Zoning
Ordinance also states the following: that the Commission must find that the literal enforcement
of the provision of the Zoning Ordinance would cause an undue hardship because of
circumstances unique to the individual property under consideration and that the granting of a
variance to the extent necessary to compensate for said hardship is in keeping with the intent of
this code.
The applicant stated that the location of the home and garage predated the adoption of the
existing zoning code. This is true and without a variance Lot 14 is unbuildable. Also there were
different owners for both lots in the past, it appears that the same owner owned both lots in the
1980s. Staff does support the variance if the below conditions are meet.
. What are the conditions that staff would recommend if the variance is granted?
The following are the conditions the staff would recommend if the variance is granted:
1. The existing garage on Lot 13 must be moved to the existing setback requirements.
2. A building permit will not be issued for Lot 14 until the garage on Lot 13 is moved.
3. The new house constructed on Lot 14 will have a 15- foot sideyard setback on the south
side. All other setbacks will comply with the existing setbacks for the R-I-A zoning
district.
4. The existing garage on Lot 14 will not be converted to a home.
5. The principal use of Lot 14 will not be for storage.
6. That if a fence is constructed on Lot 14, it must be set back four feet from the south
CR06-97
Page 3
property line.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed variance. Ms. Anderson stated that the recommendation is
to approve the variance with conditions. Patrick Hanlon, the applicant, and Nate Schroedl, the
property owner, appeared before the Commission. The staffhad recommended a 15-foot setback
on the south side for a proposed home, and Mr. Hanlon asked if the Commission would consider
a 10-foot setback. Mike Brandvold, the surveyor, appeared before the Commission and proposed
a 12-foot setback. A lesser setback will allow a wider home on the vacant lot. Jason Wood of
110-11 th Avenue North spoke about the character of the block and that he would prefer a more
wide-open block. The Commission had a considerable discussion about the 15- foot setback and
the moving of the garage to the correct setback.
Alternatives.
1. Approve the variance. By approving of the variance with conditions, the applicant will be
able to sell vacant lot for the construction of a new home.
2. Deny of the variance. By denying of the variance, the applicant will not be able to sell the
abutting lot for the construction of a new home. If the City Council considers this
alternative, findings of fact will have to be stated that support this action.
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: 06-55
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A VARIANCE FOR A SIDE YARD SETBACK
WHEREAS, an application for Variance VN06-1 has been made by Patrick Hanlon; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN06-1 was made by Patrick Hanlon on
July 28, 2006;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
August 29, 2006: all persons present were given an opportunity to be
heard;
3. That the written comments and analysis of the City staff were considered;
and
4. Legal description of the parcel is as follows:
Lots 13 and 14, Block 78 West Minneapolis 2nd Division,
.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN06-1 to reduce the 8-foot
setback to 1.3 is hereby approved based on the following Findings of Fact:
1. That Lot 14 meets the minimum lot requirements for a buildable lot in the R-
I-A zoning district.
2. That the home on Lot 13 was constructed around 1930 with a 1.3 foot side
yard setback.
3. That the owner of Lot 13 in 1930 did not own Lot 14.
4. That Lot 14 is unbuildable without the variance.
5. That the previous common ownership and the 1.3 distance of feet from the
north property line are attributes that are unique to Lot 13.
BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of
Hopkins, Minnesota, hereby determines that the literal enforcement of the eight foot side yard
setback would cause an undue hardship because of circumstances unique to the subject property,
that the granting of the requested variance to the extent necessary to compensate for such
hardship is in keeping with the intent of the Hopkins City Code, that the construction of a new
home is a reasonable use of Lot 14 and that granting of the variance will not alter the essential
character of the area in which it is located. Therefore, application for Variance VN06-1 is
approved subject to the following conditions:
1. The existing garage on Lot 13 is moved to the existing setback
requirements.
2. A building permit for a house on Lot 14 will not be issued until the garage
on Lot 13 is moved.
3. The new house constructed on Lot 14 will have a 15-foot sideyard setback
on the south side. All other setbacks will comply with the existing
setbacks for the R -1- A zoning district.
4. The existing garage on Lot 14 will not be converted to a home.
5. The principal use of Lot 14 will not be used for storage.
6. That if a fence is constructed on Lot 14 it must be setback four feet from
the south property line.
7. That the above conditions be incorporated in a Declaration of Restrictive
Covenants to be recorded against the title of Lots 13 and 14. That cost
associated the preparation and recording the Declaration will be paid by
the applicant.
Adopted this 5th day of September 2006.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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SURVEY FOR: PATRICK HANLON
PROPERTY ADDRESS: 109 11th Avenue North, Hopkins, Minnesota.
LEGAL DESCRIPTION:
Lots 13 & 14, Block 78, WEST MINNEAPOLIS 2ND DIVISION,
Hennepin County, Minnesota.
by:
N
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0 20 40
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SCALE IN FEET
CERTIFICA TION:
I hereby certify that this is a true and correct representation of a
survey of the boundaries of the land above described and of the
location of 011 buildings. if any, thereon, and 011 visible
encroachments, if any, from or on said land.
Dated: July 25, 2006
Anderson Engineering of Minnesota. LLC
. DENOTES FOUND IRON MONUMENT A TION
o DENOTES SET IRON PIPE MARKED WITH R.L.S. NO. 20281
NOTES:
1. The bearing system is based on west line of Lots 13
and 14 which is assumed to have a bearing of North
00 degrees 03 minutes 44 seconds East.
2. The area of the property described hereon is 12,333
square feet or 0.2831 acres.
Anderson Engineering of Minnesota, LLC
CIVIL ENGINEERING AND LAND SURVEYING
11 540
13605 1ST AVENUE NORTH, PLYMOUTH, MN 55441
TEL (763) 412-4000
FAX (763) 383-1089
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