CR 06-123 Front Yard Setback Variance-830 Edgemoore Dr
C\TY OF
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HOPKINS
October 25, 2006
Council Report 06-123
FRONT YARD SETBACK VARIANCE - 830 EDGEMOOR DRIVE
Proposed Action
Staff recommends the following motion: Move to adopt Resolution 06-72. approving a II-foot
front yard setback variance at 830 Edgemoor Drive.
At the Zoning and Planning meeting Ms. Flynn moved and Mr. Hatlestad seconded a motion to
adopt Resolution RZ06-26, recommending approval of a nine-foot front yard setback variance at
830 Edgemoor Drive. The motion was approved unanimously.
Overview
Dr. Arthur Horowitz is proposing to construct a small addition to his home at 830 Edgemoor
Drive. 830 Edgemoor Drive is located on the corner of Edgemoor Drive and Cottage Downs.
F or zoning purposes the front yard is Cottage Downs. The applicant is proposing to square off
the home with an addition on the north side of the site, the front yard.
The zoning ordinance requires a front yard setback of 35 feet in the R-I-D zoning district. The
applicant's home currently has a 33.6-foot front yard setback. With the addition, the front yard
setback will be 24 feet.
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 was the discussion at the Zoning and Planning meeting?
SUDDorting: Documents
. Analysis of Issues
. Survey
. Resolution 06-72
Nancy . Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR06-123
Page 2
Primarv Issues to Consider.
What does the ordinance require?
The ordinance requires a 35-foot front yard setback.
What are the specifics of the applicant's request?
The applicant is requesting an II-foot front yard variance.
What is the staff's 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 home is situated on a corner lot. Dr. Horowitz has stated that he considers Edgemoor his
front yard and the setback on Edgemoor Drive will not be reduced. Corner lots have some
unique situations. Many times the address and front door are not on the side that the zoning
ordinance designates the front yard. Edgemoor Drive will have more than the required setback.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson gave an overview of the variance. Dr. Horowitz, the applicant, appeared before
the Commission. No one appeared at the meeting regarding this issue.
Alternatives
1. Approve the variance. By approving the variance, the applicant will be able to construct the
addition as proposed.
2. Deny the variance. By denying the variance, the applicant will not be able to construct the
addition as proposed. If the City Council considers this alternative, 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.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 06-72
RESOLUTION MAKING FINDINGS OF FACT
AND APPROVING A V ARIANCE FOR A FRONT YARD
SETBACK AT 830 EDGEMOOR DRIVE
WHEREAS, an application for Variance VN06-3 has been made by Dr. Arthur Horowitz;
and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN06-3 was made by Dr. Arthur
Horowitz on September 29, 2006;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
October 24, 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:
Lot 4, Block 3, Knollwood
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN06-3 to reduce the 35-foot
setback to 24 feet is hereby!recommended for approval based on the following Findings of Fact:
1. That the applicant's lot is a corner lot.
2. That the applicant has considered Edgemoor Drive to be his front yard.
3. That the address and front door of the home are on Edgemoor Drive.
4. That the lot has the 35-foot front yard setback on Edgemoor Drive.
BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of
Hopkins, Minnesota, hereby determines that the literal enforcement of the thirty-five-foot front
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 variance of 11 feet
is reasonable and that granting of the variance will not alter the essential character of the area in
which it is located. '
Adopted this 7th day of November 2006.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
8373
'ILLlAM D. SCHOELL
ltSTEREO CiVIL ENGINEER
CARLISLE MADSON
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SCHOELL &.. MADSON, INC.
MINN. NO. %26$
SO. OAK 755
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NO. OAK. 623
MONT. NO. 1811l.E
ENGINEERS & SURVEYORS
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HOPKINS. MINNCSOTA
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MINN. NO. 4374
SO. OAK. 791
WIS. NO. S.674
IOWA NO. 3705
NO. OAK. 2los
MONT. NO. t744t.S
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