Variance Request-302 Sweet BriarPLANNING COMMISSION
REPORT NO. VRN86 -4
BACKGROUND:
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Nancy S Anderson, Analyst
Communi y Development
VARIANCE REQUEST - 302 SWEET BRIAR
CITY OF HOPKINS
February 14, 1986
PURPOSE: To review and recommend action on a variance for a rear yard setback at
302 Sweet Briar Lane.
Name of Applicant: Lawrence Flake
Address of Property: 302 Sweet Briar Lane
Present Zoning: R -1 -C
Nature of Request: 9 foot rear yard setback variance
Reason for Request: To build breezeway between the garage and house
The applicant is proposing to construct a breezeway between his garage and
home. The site presently has a garage that is conforming as a detached
accessory building, however, once the garage is attached, ordinance 427.31
requires a rear yard setback of 35 feet in a R -1 -C district. The applicant
has stated that the garage was located in its present position to save two
large oak trees.
Ordinance 427.23 states that a variance shall be approved only by circum-
stances unique to the property under consideration would cause undue hard-
ship to owner.
The applicant has contacted the surrounding neighbors and none have ob-
jected to the construction of the breezeway.
RECOMMENDATION: I recommend a rear yard setback variance of 9 feet for construction
of a breezeway between the garage and house. The following findings of fact
are suggested should the commission recommend approval:
Resolution recommending approval based on the Findings of Fact:
1. A unique circumstance is present due to the two large oak trees.
2. A hardship exists due to the pie shaped lot.
ANALYSIS: The applicant is proposing to connect his garage and home with a breezeway.
The garage was put at its present position because of, the two large oak trees.
If the garage was placed closer to the house the trees would have to be re-
moved, since access to the garage is from Minnetonka Mills Road.
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Explain why strict enforcement of the Zoning ordinance
would cause undue hardship;
Present Zoning ordinances state that any structure
being attached to the home must conform to a 35 foot back
lot line setback. The present garage! has a 26 foot back
lot line setback. It was built in its present position
because to move it any closer to the home (thereby providing
for a larger back lot setback) would have meant the cutting
down of two very large and very old Oak trees. As it stands
the driveway was purposely curved to accomidate the trees.
To do so further would not have been possible without re-
moving the trees. Because of the trees age and the beauty
they contribute to the lot, they felt it was best to leave
them standing.
Strict enforcement of the Zoning ordinance would cause
undue hardship because the trees would have to be cut down
and the garage moved 9 feet closer to the house to fullfill
the 35 foot back lot line setback.
:ghat are the special conditions of this request that are
unique to this property and do not apply generally to
other properties in the district?
Because of the design of Minnetonka Mills Road, the
lot in question is in the shape of a pie. The front part
of the lot ( where the home is located) is much larger. It
then tapers down to a smaller size in back. It is this odd
shaped lot and the way the home and garage are situated on
it that make it unique to the other rectangular properties
in the district. Also the location of the two Oak trees
on the lot create a special condition.
•
•
January 22, 1986
TO THE PLANNING COMMISSION ANP, THE CITY COUNCIL OF HOPKINS:
We the neighbors of Larry and Virginia Flake have no objections to their
building a breezeway between their garage and house at 302 Sweet Briar Lane.
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• MINNESOTA
CENTER FOR
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REHABILITATION
January 2, 1986
Bruce Idelkope, M.D.
4225 Golden Valley Road
Minneapolis, MN 55426
RE: Larry Flake
('(1nmiltlult s
and Pt of
Comprehensive I valuati(,li
and Twat melt( of
the I'hySical, Emotional
aWI Social Aspects of
Disability
5400 Glenwood Avenue
Minneapolis. MN 55422
(612 ) .541 -996 :3
Dear Doctor Idelkope:
I would like to update you on Mr. Lawrence Flake, who requested re-
evaluation on 1 -2 -86. Mr. Flake indicatc1 that since the onset of the
recent cold weather he has been experiencing increased neck pain and
•
s tiLfness, pain in he right arm, as well as the right side of the
back, and both knees. In general, he ha :. felt symptoms mostly on the
right. He has continued with daily whirpools as previously, has used
his home cervical traction unit and has continued medications, Tagamet
prescribed by Dr. Seite and sleeping nec:ication according to your
prescription. He has also continued to use his Warm -N -Form back support
which he.has found helpful while driving in the car. All these measures
have failed to produce lasting comfort. Therefore, he had come to us
to see if physical therapy would be appropriate at this time.
On examination, he arose from the chair : >lowly. His gait was slow, with
a slight limp favoring the right lower extremity. However, he was able
to walk short distances on his heels and on his toes, also with a slight
limp.. His neck range of motion was guarded and limited in all planes.
He was able to flex his neck 45 degrees, extend 20 degrees, flex to the
right and to the left 20 degrees and rots .te to the right and to the left
approximately 25 degrees. His low back - ange of motion was also limited
by discomfort in the low lumbar area. H. indicated discomfort with
rotation to the right and to the left, a well as with lateral bending.
From a standing position he was able to ,:each his fingertips to 14 inches
from the floor. In the upper and in the lower extremities reflexes were
brisk and equal bilaterally. There were no Hoffmann or Babinski signs.
He reported accurate sensory perception over the upper extremities and
his strength as well as muscle bulk aPpeared normal. There was slight
limitation of the right shoulder range oa motion with pain reported in
the posterior cervical area and in the upper arm. There was tenderness •
III on palpation of the posterior cervical soft tissues, as well as tenderness
over the cervical and lumbar spines. Tenderness could also be elicited
in the paralumbar soft tissues bilaterally.
My impression was that Mr. Flake is suffering from an exacerbation of
his previous symptoms of neck and back, a.s well as right upper extremity
pain. In addition, he is known to have degenerative arthritis of the
cervical and lumbar spine. There appears to be decreased range of motion
•
41/0 Bruce Idelkope, M.D.
January 2, 1986
Page 2
RE: Larry Flake
of these areas compared to the previous evaluations. Therefore, my
impression was that Mr. Flake would benefit from a 2 -3 week outpatient
r phvsical therapy program Arrangements were made for him to attend
daily for the first week, with application of moist heat, massage,
range of motion exercises and cervical traction. He is also to be
evaluated for a lumbosacral cushion.
7 Mr. Flake indicated that he plans to spe-id some time in Arizona, as
he has previously found the warm climate beneficial for symptom control.
I supported his plans regarding this.
Thank you again for the opportunity to participate in Mr. Flake's care.
Please let me know if you have additicna. questions or recommendations.
I plan to follow his outpatient program and keep you informed.
Very best wishes for 1986.
Sincerely,
Rita
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Bistevins, M.D.
cc: Larry Flake
cc: Candace Olson, QRC
cc: American Hardware Mutual Ins.