Sideyard Variance-354 Althea Ln.•
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July 17, 1985
Case No: 85 -35
Applicant: Lester Maasch
Location: 354 Althea Lane
Request: Sideyard Variance
STAFF FINDINGS & COMMENTS: Anderson
1. The applicant is requesting a sideyard variance to enlarge an existing garage
at 354 Althea Lane. The subject site is zoned R -1 -C.
2. The applicant is proposing to build a 5'x23'6" addition to the existing 13'6 "x
20' garage. 427.08 (3) states accessory buildings to a residential structure
shall not exceed an aggregate area of 528 square feet. The garage with the
addition will have 387.50 square feet.
3. The zoning ordinance requires that attached accessory structures comply with
the setback requirements of the district. Ordinance 427.31 requires a 10 foot
sideyard'setback in an R -1 -C district. The sideyard with the proposed addition
is two feet.
4. The existing sideyard is 7 feet which makes the house a non - conforming use.
Ordinance 427.06(9) states non - conforming uses shall not be expanded beyond
the building in which said use is located at the time this ordinance becomes
effective.
5. The distance between the applicant's existing garage and the adjacent property
owners house is approximately 14 feet.
At a recent Council meeting a question was asked as to the rational behind
having a greater setback requirement for attached garages than for detached.
The basic reason has to do with fire safety. Two detached garages can be
located within four feet of each other (2 feet to each property line). Should
one burn, the adjacent structure because of its' proximity has a good chance of
catching fire. By having a minimum of 15 feet separation between attached garages
the chances of a fire spreading from one house to another are reduced.
6. The applicant has contacted the surrounding neighbors. The neighbor whose
property is adjacent to the proposed addition has no objection to the granting
of the variance.
7. Ordinance 427.04(108) states that a variance shall be granted to a specific parcel
of property because of undue hardship due to circumstances peculiar and unique
upon such parcel. The applicant has stated that the lots in the area do not have
sufficient frontage to permit an expansion without granting of the requested
variance.
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NOTE: The purpose of a variance is to provide relief to a property owner when
the strict enforecment of the Zoning Ordinance would cause an undue hard-
ship to the property owner or deny reasonable use of the property.
Hardship to the applicant is the crucial test. Variances will be granted
only in unusual situations which were not foreseen when the Zoning Ordin-
ance was adopted. Economic situations are seldom unique and are rarely
considered a valid hardship.
Hardship A.
Conditions 6.
FOR VARIANCE APPLICATION ONLY
Explain why strict enforcement of the Zoning Ordinance would cause undue
hardship:
The petitioner has only a one -car garage, as do his neighbors and
practically all the residents of Althea Lane;he has a passenger
vehicle and a van for his work, and, as is the case with all his
neighbors, he must park one of those vehicles on the street. This
creates both a traffic and a fire hazzard on Althea Lane.
What are the special conditions (shape of lot, exceptional topographic
conditions, etc.) of this request that are unique to this property and
do not apply generally to other properties in the district?
Lots in area,do.not have sufficient frontage to permit an
expansion without granting of the requested vari ante.
List of Homeowners
Contacted by Applicant C.
Submit a list of names and addresses of neighbors contacted.
Elton J. Jacobson - 350 Althea Lane, Hopkins(his property .
is the only one which could be adversly affected)
James Ault -353 Althea Lane, Hopkins(acros.s the street from
petitioners property
Robert Miller- 370 Althea Lane, Hopkins
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STATE OF MINNESOTA)
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COUNTY OF HENNEPIN)
ELTON J. JACOBSON,being first duly sworn upon oath, deposes
and says: That I am the owner of a residence located at; 350 -
Althea Lane, Hopkins, Minnesota, the legal description of .
which is:
That my neighbor to the North, LESTER J. MAASCH, his discussed
with me his petition whereby he is requesting a variance in the
side yard limit between our houses, to permit a five(5) foot
addition to his garage.
This is to inform that I have no objection to the granting of
such a variance.
Lot 7, Block 3, Campbell addition
signed:
ri �/
subscribed to before mp, this o� day
of July, 1985 -:�' , //- .
I //�
K. Maxfield Otto/ ��l f�
NOTARY PUBLIC- HENNEPIN COU TY, MINN.
My Commission expires J y 30, 1991
AFFIDAVIT