Variance Request-Lot 1 Block 92•
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Planning Commission
Report No. VN -2
VARIANCE REQUEST
Lot 1, Block 92
West Minneapolis Third Division
CITY OF HOPKINS
November 15, 1985
PURPOSE:
To recommend action on a variance request at 246 13th Avenue North.
BACKGROUND:
The following is a summary of the pertinent information relating to this application:
Name of Applicant:
Address of Property:
Present Zoning:
Variance requested:
Reason for request:
Anthony J. Inman -Koval
246 13th Avenue North
R -1 -A
Vehicle entrance from 20 feet to 6 feet
To retain large tree
The applicant is requesting a 14 foot variance for a vehicle entrance. Ordinance
427.08(4) requires that the vehicle entrance side shall be not less than 20 feet from
any such yard line. The applicants garage would have a 20 foot driveway however 14
feet would be in the public right -of -way. The old garage has been removed on the
site where the proposed garage is to be built. The existing curb cut is located on
3rd Street North approximately 5 feet from the alley. The proposed garage could be
built without the variance however a large tree would have to be removed.
The applicant is proposing a 440 square foot garage on the site, however the applicant
is allowed to put up to a 655 square foot garage on the subject property. The applicant
has contacted the surrounding neighbors.
ANALYSIS:
The applicant has requested a variance in order to build a garage without destroying
a large tree. The applicant does have a special condition in that a large tree is
situated in the setback area, however, it may be possible that the plans can be modi-
fied to allow the proposed garage to be moved approximately 8 feet closer to the tree
to allow a lesser variance and save the tree.
ALTERNATIVES:
1) Deny the variance request. The applicant will have to remove the tree to build
the garage.
2) Grant the 14 foot variance and have the applicants driveway in the public right -
of -way.
3) Grant the applicant a k1 foot variance saving the tree.
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Planning Commission
Report No. VN -2
Page 2
RECOMMENDATION:
Recommend alternative three due to the special condition of a large tree existing
in the setback area.
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Nancy derson, Analyst
Community Development
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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.
Explain why strict enforcement of the Zoning Ordinance would cause undue
hardship:
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FOR VARIANCE APPLICATION ONLY
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Conditions B. .!
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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?
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List of Homeowners
Contacted by Applicant C.
L o Icy
Submit a list of names and addresses of neighbors contacted.
•
RESOLUTION NO.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF HOPKINS
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLICATION FOR VARIANCE VN -2
WHEREAS, an application for a variance entitled VN -2 has been made by
Anthony J. Inman - Koval, 246 13th Avenue North, to construct a garage at less
than the minimum vehicle entrance.
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN -2 was filed with the City
of Hopkins on November 8, 1985.
2. That the City of Hopkins Planning Commission reviewed such
application on November 26, 1985.
3. That the City of Hopkins Planning Commission, pursuant to
mailed notices, held a public hearing on November 26, 1985;
all persons present at the hearing were given an opportunity
to be heard.
4. That the written comments and analysis of the City Staff and
the Planning Commission were considered.
NOW THEREFORE BE IT RESOLVED, that the Hopkins City Council makes the
following Findings of Fact in respect to VN -2:
1. That a special condition exists due to the fact that a large tree
is located in the setback area.
2. The existing curb cut is on Third Street North.
3. The applicant is constructing a smaller garage than the maximum
allowed.
BE IT FURTHER RESOLVED, that application for variance VN -2 is hereby
approved subject to the following conditions:
1. That a vehicle entrance variance of no more than 4 feet be approved.
Adopted this day of 1985.
Ellen Lavin, Mayor