Loading...
CR 06-124 Sideyard Setback Variance-338-15th Ave N C\TY OF - HOPKINS October 25, 2006 Council Report 06-124 SIDEY ARD SETBACK VARIANCE - 338 - 15th AVENUE NORTH ProDosed Action Staff recommends the following motion: Move to adopt Resolution 06-73. approving an eight- inch sideyard setback variance at 338 15th Avenue North. At the Zoning and Planning meeting Mr. Hatlestad moved and Ms. Newcomb seconded a motion to adopt Resolution RZ06-27, recommending approval of an eight-inch sideyard setback variance at 338 - 15th Avenue North. The motion was approved unanimously. Overview 338 - 15th Avenue North consists of two 50-foot lots owned by one individual. There is an existing home and garage on the southerly lot, Lot 3. Lot 2 is the northerly vacant lot. The applicant wants to construct a home on the northerly lot. The existing home is 7'4" from the northerly lot line. The side yard setback in the R-I-A zoning district is eight feet. An eight-inch variance is being requested. 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? SUDPortine: Documents . Analysis of Issues . Site Plan . Resolution 06-73 ~~ Nanc . Anderson, AICP Planner Financial Impact: $ N/ A Budgeted: Related Documents (CIP, ERP, etc.): Notes: Y/N Source: CR06-124 Page 2 Primarv Issues to Consider. What does the ordinance require? The ordinance requires an 8- foot sideyard setback for the house. What are the specifics of the applicant's request? The existing home was constructed in 1955. At some point after that the northerly lot was owned by the same owners. The applicant is requesting an eight-inch sideyard variance. The existing house is 7' 4" from the north lot line. 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 building permit for the construction of the home indicates an 8'2" northerly sideyard setback. F or some reason the house was not constructed with this setback. This situation is different than the variance that was granted on 11 th Avenue. There is no garage over the lot line, and the setback of the existing home is only 8" less than required. Without the variance, Lot 2 is unbuildable. What was the discussion at the Zoning and Planning meeting? Ms. Anderson gave an overview of the variance. Mr. Moldenhauer, the applicant, appeared before the Commission. Mr. Moldenhaur stated that he purchased the home and adjoining lot together, three years ago. When the home was built, the original owner did not own the adjoining lot. The additional lot was purchased approximately three years after the home was built. No one appeared at the meeting regarding this item. Alternatives. 1. Approve the variance. By approving of the variance, the applicant will be able to construct a home on the vacant parcel. 2. Deny the variance. By denying the variance, the applicant will not be able to construct a home on the vacant parcel. If the City Council considers this alternative, findings of fact will CR06-124 Page 3 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: 06-73 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A VARIANCE FORA SIDEYARD SETBACK AT 338 - 15TH AVENUE NORTH WHEREAS, an application for Variance VN06-4 has been made by Dale Molderhauer; and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN06-4 was made by Dale Molderhauer October 2,2006; 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: Lots 2 and 3, Block 1, Gibbs Addition to West Minneapolis NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, that application for Variance VN06-4 to reduce the 8-foot setback to 7' 4" is hereby recommended for approval based on the following Findings of Fact: 1. That Lot 2 meets the minimum lot requirements for a buildable lot in the R -1- A zoning district 2. That the home on Lot 3 was constructed in 1955 with a 7'4" sideyard setback 3. That the building permit indicated a 8'2" sideyard setback 4. That the owner of Lot 3 in 1955 did not own Lot 2 5. That Lot 2 is unbuildable without the variance 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 sideyard 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 2 and that granting of the variance will not alter the essential character of the area in which it is located. Therefore, application for Variance VN06-4 is recommended for approval subject to the following condition: 1. That the new home on Lot 2 meets the existing setback requirements. Adopted this 7th day of November 2006. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk -- - - - - - - - "'\ . I; 1 -- ---- -- - - - - - - ---- L--jv ~ ---- b 12--L{/ '-{- L{1':iO !.);J ~ ) S f1 f}ue lUo (V v;" ) dLf 01 ~~ 23 oco ~ / - '- -'l '.... ;; - ~ ",,01 'XJ-o' ~ If I \J (}-v rr Si8 ']7 I II k~..) , 7 Lf (1\ <--) .... ... ~ ... \) M 1 - , V -.J So I -- . . ~ { s'P fI<JL "---- Survey of Plot attached (X ), Surveyor lile Size, 361-10n feet wide, 2 '5 r feet long, _ mL stories. 1__.' , - p'ennit ~..< /". . _/ _r.,.... - rv,' Issued /" . City of H pkins Application for Building Perm if. " For Permit to Build F- ), Alter ( ), Move ( ) Buil4Dlgs Da.te Aprll 7;,. Locatio Builder Location Owner Location Type of Building Single Dwelling I 2-Fa.mily Dwelling Private Garage <x} ( ) ( ) Multiple Dwelling Commerical Industrial ) ) )' Lot Number 3 Lot size, 50 feet wide, feet deep. Corner ( ), Alley at } Robert G.'Anderson 1 126 , Description , Block No. Foundation, Footings (X), Piers ( ), Part Basement ( ), Fun Basement (X). Material, Concrete ( ), Block ( )', Masom;-y ( ) . Walls of Structure, 1st Floor Frame ,2nd Floor , Thickness (Frame, Stucco, Brick veneer, cement block, etc.) lrvey slip required on new construction. ~~{~ ~~~tf~J .~:~:-:~?:~ I ~~ ~~:~~~t~f! ,,:::~. #~# ::::0:::: ~: :~;;Ii::e:: :=;:::~:~tc~roper fee. When approved, the TbW copy.~~~~ ~~t~;~ ~d. # '.#- "'{'~"~':,~:~/.~:: ... -.~ i~~ ...... .,;;'.:....~:,~?X?~~.~~i 30 ft., Rear 71 ft., Left sid e 5 ft., Right side 8 f 21t, ft. Yards, Front mated cost of improvement to owner $ 10,000 . Fee $ 11~OO r hereby certify that the above information is correct an d true. Phili B. Olson Owner, Buildert or ,Agent ional Information .on can not be started until the application is approved and Permit Granted.