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Variance Request-302 Sweet BriarTo: Zoning and Planning Commission From: Nancy Anderson Subject: Application for a_Variance by Lawrence flake As per conversation with James Folk, this item has been placed on the agenda this month instead of the April date as set at the February hearing. CITY OF H0PKINS March 12, 1986 1 111 1 Nancy S; Communi PLANNING COMMISSION REPORT NO. VRN86 -4 BACKGROUND: ft (inlown Anderson, Analyst Development CITY OF HOPKINS February 14, 1986 VARIANCE REQUEST - 302 SWEET BRIAR 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-4 jetted to the construction of the breezeway. 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. 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. 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 full fil_l the 35 foot back lot line setback. What 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 ANT 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 (63, a 7 ,...' 3o) sup R- 3 5 wE 43r i ar Sweet Briar Lane. DATE ( - ate - //_ L2 _ /6. /- .2a - /1/42.9-/A0 — - -a ) - )' Y ) - � 1-22 MINNESOTA CENTER FOR HEALTH Si REHABILITATION January 2, 1986 Bruce Idelkope, M.D. 4225 Golden Valley Road Minneapolis, MN 55426 RE: Larry Flake ('cinsll:►n1 s and 1 'i'M wac 1 4 :s or Comprehensive 1: v < alu at.imn and Twat .anent of the - Physical, Emotional and tiaiei:al As1)e 1.s c►1' 1 )itiahil it�. 540OGlenwood Avenue Minne:a1►e)lis, MN 55422 (6121541-996:3 Dear Doctor Idelkope: I would like to update you on Mr. Lawrence Flake, who requested re- evaluation on 1-2-86. Mr. Flake indicat2d that since the onset of the recent cold weather he has been experiencing increased neck pain and stiffness, pain in the 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 whir_ pools as previously, has used his home cervical traction unit and has continued medications, Tagamet prescribed by Dr. Seib' and sleeping me:;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 coine to us to see if physical therapy would be apprt_priate at this time. On examination, he arose from the chair A.owly. His gait was slow, with a slight limp favoring the right lower e)-_tremity. 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 guarced and limited in all planes He was able to flex his neck 45 degree:, extend 20 degrees, flex to the right and to the left 20 degrees and r°otz te to the right and to the left approximately 25 degrees. His low back range of motion was also limited by discomfort in the low lumbar area. ::_: 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 , 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 ever the upper extremities and his strength as well as muscle bulk appered normal. There was slight limitation of the right shoulder range oi' motion with pain reported in the posterior cervical area and in the upper arm. There was tenderness on palpation of the posterior cervical st'it tissues, as well as tenderness ver the cervical and lumbar spines. Tenderness could also be elicited in the paralumbar soft tissues bilater.tl My impression was that Mr. Flake is suifi:.ring from an exacerbation of his previous symptoms of neck and back, ,s well as right upper extremity pain. In addition, he is known to have degenerative arthritis of the cervical and lumbar spine. There appear:: to be decreased range of motion Bruce Ideikope, -M.D. January 2, 1986 Page 2 RE: Larry Flake of these areas compared to the previous ,.valuations. Therefore, my impression was that Mr. Flake would benef=it from a 2 -3 week outpatient sical therapy program. Arrangements ;sere made for him to attend gaily 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. 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 p,irticipate in Mr. Flake's care. Please let me know if you have additiona. questions or recommendations. I plan to follow his outpatient program tAnd keep you informed. Very best wishes for 1986. Sincerely, Rita Bistevins, M.D. RB:TT /vh cc: Larry Flake cc: Candace Olson, QRC cc: American Hardware Mutual Ins.