Variance-BurschsPlanning Commission Report
VARIANCE - BURSCHS
17 8TH AVENUE SOUTH
September 18, 1986
PURPOSE: The purpose of this report is to review and
recommend action on a parking variance and front yard
variance.
BACKGROUND:
Name of Applicant: Dennis Madden
Address of Property: 17 8th Avenue South
Present Zoning: B -3
Reason for Request: To build an addition to
the existing building.
Nature of Request: A front yard variance of
one foot and a parking variance of 48
spaces.
The applicant is proposing to construct an addition to
the existing building on the north side. The addition
will have a capacity to seat 90 people and be used for
an entertainment center. The current building is
nonconforming.
427.35 requires a front yard of 1 foot in a B -3
district. The applicant is proposing to build to the
lot line.
The applicant currently has 91 parking spaces. The
parking requirement for the applicant currently is 109,
however the applicant does have access to 38 City
parking spaces. With the proposed addition the
applicant will be required to have 139 on -site parking
spaces.
The current building varies from a 0 setback to
approximately a 16 foot setback. The only part of the
existing building which is on the property line is the
Burschs sign.
ANALYSIS:
There are two variances requested, one for parking and
one for the front yard setback. Hardship is the crucial
test for a variance. In this case the applicant does
not possess hardship in either case, the applicant
`N o. VN86 -14
VN86 -14
Page 2
without the addition still has reasonable use of the
property.
hardship.
fact that
and also
different
applicant
Economic situations are not a valid
The parking variance is mitigated by the
additional parking is available to the site
that the applicants hours of business are
than the surrounding businesses, however the
still lacks hardship.
In 1981 a variance was applied for and granted to
Burschs to construct an addition to the north side of
the present building, the same location as this
proposed addition. This addition would have encroached
one foot into the front yard setback and two feet into
the right -of -way. This addition was never constructed.
The Planning Commission approved the variance with the
following conditions: approval of variance in view of
the removal of the off -sale facility would be in the
best interest of Hopkins; and the alternative use is in
the best interest of Hopkins; and the only financial
and business use that is realistic would be to make use
of the space as redesigned.
The City Attorney has rendered an opinion that the
previous variance is not a transferable interest.
RECOMMENDATION:
I recommend denial of the variances. The following are
suggested findings of fact should the Commission
recommend denial.
1. That there does not exist a unique circumstance or
hardship that would justify approval of the variance.
2. That the granting of this variance would not
eliminate or minimize nonconforming building but would,
in fact, enlarge upon an existing nonconformity.
CInJEONA
Nancy Si Anderson_
Communi Development Analyst
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AUG 2 91986