CR 11-061 Set-back 100 Homedale Rd•
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June 30, 2011 HOPKINS Council Report 11-61
REAR YARD SETBACK VARIANCE —100 HOMEDALE ROAD
Proposed Action
Staff recommends the following motion: Adopt Resolution 11-35A denying a rear yard
setback variance at 100 Homedale Road.
At the Zoning and Planning meeting, Mr. Kuznia moved and Mr. Datta seconded a motion to
adopt Resolution RZ 11-9, recommending approval of a rear yard setback variance at 100
Homedale Road. The motion was approved on a 5-1 vote, Ms. Naef voting nay.
If the City Council indicates that that there is a practical difficulty for a rear yard setback
variance, the City Council should adopt Resolution I1 -35B approving a rear yard setback
variance at 100 Homedale Road.
Overview
The applicant, Elizabeth Hatlestad, is proposing to remove the existing nonconforming
garage and construct a new garage closer to the rear property. The property is on a corner
and the front yard for zoning purposes is Homedale. The rear yard setback in an R -1-C
zoning district is 35 feet. The existing garage is non -conforming and has a 26.7 foot setback.
The new garage is proposed to be 20' 8.5" to the rear lot line. All other setbacks will
conform with the R -1-C setbacks. The proposed garage will be 24' x 26'6.5" and have a
second floor.
Primary Issues to Consider
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• What does the ordinance require?
• What are the specifics of the applicant's request?
• What practical difficulties does the property have?
• What was the discussion at the Zoning and Planning meeting?
Supportina Documents
• Analysis of Issues
• Site Plans
• Resolution 11-35A
• Resolution 11-35B
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Nancy 6Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR 11-61
Page 2
16 Primary Issues to Consider.
What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
The subject property is zoned R -1-C, Single Family Medium Density. The Comprehensive
Plan has designated the site as Low Density Residential. The existing use complies with both
documents.
What does the ordinance require?
The R -1-C district requires a minimum rear yard setback of 35 feet.
What are the specifics of the applicant's request?
The applicant is requesting a 14' 4.5" rear yard setback variance.
• What practical difficulties does the property have?
The new state statute requires three standards for the granting of a variance. The three
requirements are:
• 1. That practical difficulties cited in connection with the granting of a variance
means that the property owner proposes to use the property in a reasonable
manner not permitted by an official control;
2. The plight of the landowner is due to circumstances unique to the property not
created by the landowner; and
3. The variance, if granted, will not alter the essential character of the locality.
You could argue that the applicant does not meet the first and third requirements, because a
20' 4.5" rear yard setback is not the standard for the R -1-C zoning district; however, the
applicant does not meet the second requirement. The request for a new garage is created by
the applicant wanting a larger garage. Because all three standards are required for the
granting of the variance, staff cannot recommend approval of the variance.
Surrounding uses
The site is surrounded by residential uses on all sides.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the rear yard setback variance. Staff is recommending denial of the
• variance. Elizabeth Hatlestad, the applicant, appeared before the Commission. The
discussion focused on corner lots and whether the applicant had a practical difficulty. After
considerable discussion, the Commission indicated that the applicant did have a practical
difficulty because the lot was a corner lot.
CR 11-61
Page 3
10 Alternatives.
1. Approve the rear yard setback variance. By approving of the rear yard setback variance,
the applicant will be able to construct the new garage as proposed. If the City Council
considers this alternative, Resolution 11-35B should be adopted.
2. Deny the rear yard setback variance. By denying the rear yard setback variance, the
applicant will not be able to construct the garage as proposed. If the City Council
considers this alternative, Resolution 11-35A should be adopted.
Continue for further information. If the City Council indicated that further information is
needed, the item should be continued.
0
and
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 11-35A
RESOLUTION MAKING FINDINGS OF FACT AND
DENIING A REAR YARD SETBACK VARIANCE
WHEREAS, an application for Variance VNI I-1 has been made by Elizabeth Hatlestad;
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN11-1 was made by Elizabeth
Hatlestad on May 27, 2011;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
June 28, 2011: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of the City staff were considered;
and
4. Legal description of the parcel is as follows:
Lots 29 and 30, Block 6, FA SAVAGES INTERLACHEN PARK
• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN11-1 to reduce the rear yard
setback from 35' to 20' 8.5" is hereby recommended for denial based on the following Findings
of Fact:
1. That 100 Homedale does not have a practical difficulty to the parcel.
2. That the need for the setback variance was created by the applicant.
3. That the applicant does not meet the three criteria for the granting of a
variance.
BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of
Hopkins, Minnesota, hereby determines that the literal enforcement of the 35 -foot rear yard
setback in the R -1-C zoning district would not cause a practical difficulty because of
circumstances unique to the subject property, that the denial of the requested variance to the
extent necessary to compensate for such practical difficulty is in keeping with the intent of the
Hopkins City Code, and that the variance of 14' 3.5" feet is not reasonable.
Adopted this 5th day of July 2011.
ATTEST:
Eugene J. Maxwell, Mayor
Deborah L. Sperling, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
0 RESOLUTION NO: R11 -35B
and
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING
APPROVAL OF A REAR YARD SETBACK VARIANCE
WHEREAS, an application for Variance VNI I-1 has been made by Elizabeth Hatlestad;
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN11-1 was made by Elizabeth
Hatlestad on May 27, 2011;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
June 28, 2011: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of the City staff were considered;
and
4. Legal description of the parcel is as follows:
Lots 29 and 30, Block 6, FA SAVAGES INTERLACHEN PARK
• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN11-1 to reduce the rear yard
setback from 35' to 20' 8.5" is hereby approved based on the following Findings of Fact:
•
1. That 100 Homedale does have a practical difficulty to the parcel because it is
a corner lot.
2. That the need for the setback variance was not created by the applicant.
3. That the applicant does meet the three criteria for the granting of a variance.
BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of
Hopkins, Minnesota, hereby determines that the literal enforcement of the 35 -foot rear yard
setback in the R -1-C zoning district would cause a practical difficulty because of circumstances
unique to the subject property, that the approval of the requested variance to the extent necessary
to compensate for such practical difficulty is in keeping with the intent of the Hopkins City
Code, and that the variance of 14' 3.5" feet is reasonable.
Adopted this 5th day of July 2011.
ATTEST:
Deborah L. Sperling, City Clerk
Eugene J. Maxwell, Mayor
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DATE: 1-26-2011
REVISIONS:
S5Ljw FOR REVIEW
2-1s-2011
155J= FOR REVIEJ^l
4-27-2011
ISSUED FOR VARIANCE
-5-25-2011
TODD KNU SON DESIGN
40 501-H 7th S1TcE=T
STUDIO 212-156
MINNEAFOLIS, MN. 55402
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TERMS
CONTRACTOR TO VERIFY
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DATE: 1-26-2011
REVISIONS:
ISSUED FOR REVIEW
2-13-2011
ISSUED FOR REVIEW
4-2i-2011
ISSUED FOR VAR.IANGE
a
TODD KNUTSON DESIGN
40 SOUTH -!th STREET
STUDIO 212-156
MINNEAFOLIS, MN, 55402
F: 612-251-1041
F: 612-552-4119
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DATE: 1-26-2011
REVISIONS:
ISSUED FOR REVIEW
2-13-2011
ISSUED FOR REVIEW
4-21-2011
ISSUED FOR VARIANCE
-26-2011
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TODD KNUTSON DESIGN
40 SOUTH "Ith STREET
STUDIO 212-156
MINNEAPOLIS, MN. 55402
P: 612-251-1041
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TERMS:
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AND ALL SUBS NIUST REPORT
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DATE: 1-26-2011
REVISIONS:
155UED FOR REVIEW
2-15-2011
ISSUED FOR REVIEW
4-2i-2011
SSUED FOR VARIANCE
TODD KNUTSON D-cEIGN
40 50UTH lth STREET
STUDIO 212-156
MINNEAPOLIS, MN. 55402
P: 612-251-1041
F: 612-552-4119
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AND ALL SUBS MUST REPORT
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DATE: 1-26-2011
REVISIONS:
ISSUED FOR REVIEI^i
2-13-2011
ISSUED FOR REVIEW
4-27-2011
ISSUED FOR VARIANCE
TODD <NUTSON DESIGN
40 SOUTH 17th STR==-T
STUDIO 212-156
MINNEAPOLI5, MN. 55402
P: 612-251-1041
F: 612-352-4119
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TERMS:
CONTRACTOR TO VERIFY
.ALL DL�IENSIONS, AS BUILT
CONDITIONS (IF APPLY) AND
SITE CONDITIONS, BEFORE
ORDERING MATERIAL OR
DEMOLISHING EXISTING
STRUCTURES. CONTRACTOR
AND ALL SUBS MUST REPORT
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OFTEN FLAVE UNIQUE CON-
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DATE: 1-26-2011
REVISIONS:
ISSUED FOR REVIEW
2-15-2011
SSUED FOR REVIEW
4-217-2011
ISSUED FOR VARIANCE
5-?h-�a11
TODD KNUTSON DE514:-N
40 SOL -1 H Rh 5TR:ET
STUDIO 212-156
MINN_APO-I5, MN 55402
F: 612-251-1041
F: 612-S$2-4111
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TERMS
CONTRACTOR TO VEREFY
.ALL DLMENSIONS, AS BUILT
CONDITIONS (IF APPLY) AND
SITE CONDITIONS, BEFORE
ORDERING NLATERLAL OR
DEMOLISHING E7QSTING
STRUCTURES. CONTRACTOR
AND ALL SUBS NIUST REPORT
ANY DISCREPANCIES TO
DESIGNER EMNIEDLATLY. AS
B=T AND SITE CONDITIONS
OFTEN HAVE. UNIQUE CON-
DITIONS TI -LAT CANNOT BE
PREDICTED OR FORSEEN AT
DESIGN COMPLETION.
CONTRACTOR SUBS AND
DESIGNER WILL WORK
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MAY ARISE.
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2 1 BE PRICED AS A OPTION
Ab A6
_ _ MARRY ROOF INTO EXISTING-
PATCH AS REQ. -
-
DATE: 1-26-2011
REVISIONS:
ISSUED FOR REVIEW
2-15-2011
ISSUED FOR REVIEW
_- - -- 4-21-2011
-- - --- ISSUED FOR VARIANGr_
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TODD KNUTSON DESIGN
40 SOUTH -IYh 571ZEET
STUDIO 212-156
MINNEAPOLIS, MN. 55402
P: 612-251-1041
F: 612-532-4119
V NI XTc=PKNUT50NDE51GN
.COM
TERMS:
CONTRACTOR TO VERIFY
ALL DRdENSIONS, AS BUILT
CONDITIONS (IF APPLY) AND
SITE CONDITIONS, BEFORE
ORDERING NIATERLAL OR
DEMOUSE NG EXISTING
STRUCTURES. CONTRACTOR
AND ALL SUBS ;\'LUST REPORT
ANY DISCREPANCIES TO
DESIGNER AMIEDIATLY. AS
BUILT AND SITE CONDITIONS
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DITIONS THAT CANNOT BE
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DESIGN COMPLETION.
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section 5 DOOR FRAMING DETAIL Q WINDOW FRAMING D=TAIL
1/4" = 1'-0" Ag 1" = 1'-0"
N
TODD KNUTSON DESIGN
40 SOUTH -IYh 571ZEET
STUDIO 212-156
MINNEAPOLIS, MN. 55402
P: 612-251-1041
F: 612-532-4119
V NI XTc=PKNUT50NDE51GN
.COM
TERMS:
CONTRACTOR TO VERIFY
ALL DRdENSIONS, AS BUILT
CONDITIONS (IF APPLY) AND
SITE CONDITIONS, BEFORE
ORDERING NIATERLAL OR
DEMOUSE NG EXISTING
STRUCTURES. CONTRACTOR
AND ALL SUBS ;\'LUST REPORT
ANY DISCREPANCIES TO
DESIGNER AMIEDIATLY. AS
BUILT AND SITE CONDITIONS
OFTEN HAVE UNIQUE CON-
DITIONS THAT CANNOT BE
PREDICTED OR FORSEEN AT
DESIGN COMPLETION.
CONTRACTOR, SUBS AND
DESIGNER WnJL WORK
TOGETHER TO REACH A
SOLUTION IF ANY SITUATION
MAY ARISE.
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Q
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JOB NO: 100
SHEET NO:
A5
SECTION
•
•
•
Section 4
1/4" = 1'-0"
MARRY ROOF INTO EXISTIN6
AND PATCH AS REQ.
_ 2ND CEILING
16' - 4 1/2"
2ND FLOOR
_MAIN CEILING
2Section 7
A6 1/4'. = 1'-O"
DATE: 1-26-2011
REVISIONS:
ISSUED FOR REVIEW
2-15-2011
ISSUED FOR REVIEW
4-2"1-2011
ISSUED FOR VARIANCE
-5-26-2011
4^f8'
�h D
N
TODD KNU' SON DESIGN
40 SOUTH tth STR::T
STUDIO 212-156
MINNEAPOLIS, MN. 55402
P: 612-251-1041
P: 612-552-4119
WM^T0V VK NUT5ONDE5IGN
.COM
TERMS:
CONTRACTOR TO VERIFY
ALL DMENSIONS, AS BUILT
CONDITIONS (IF APPLY) AND
SITE CONDITIONS, BEFORE
ORDERING bL4TERLd L OR
DEMOLISHING EXISTING
STRUCTURES. CONTRACTOR
AND ALL SUBS MUST REPORT
ANY DISCREPANCIES TO
DESIGNER MvIEDIATLY. AS
BUILT AND SITE CONDITIONS
OFTEN HAVE UNIQUE CON-
DITIONS THAT CANNOT BE
PREDICTED OR FORSEEN AT
DESIGN COMPLETION.
CONTRACTOR, SUBS AND
DESIGNER WILL WORK
TOGETHER TO REACH A
SOLL71ON IF ANY SITUATION
MAY ARISE.
I
MAIN FLOOR
tu
GRADE
-10"
_ GARAGE_ n
'—i
-2' -- 6"
F' I i I—
I-1
GARAGE TOFF
-' ?--
LOWER
0
FOOTIN05
-8'-51/2
2Section 7
A6 1/4'. = 1'-O"
DATE: 1-26-2011
REVISIONS:
ISSUED FOR REVIEW
2-15-2011
ISSUED FOR REVIEW
4-2"1-2011
ISSUED FOR VARIANCE
-5-26-2011
4^f8'
�h D
N
TODD KNU' SON DESIGN
40 SOUTH tth STR::T
STUDIO 212-156
MINNEAPOLIS, MN. 55402
P: 612-251-1041
P: 612-552-4119
WM^T0V VK NUT5ONDE5IGN
.COM
TERMS:
CONTRACTOR TO VERIFY
ALL DMENSIONS, AS BUILT
CONDITIONS (IF APPLY) AND
SITE CONDITIONS, BEFORE
ORDERING bL4TERLd L OR
DEMOLISHING EXISTING
STRUCTURES. CONTRACTOR
AND ALL SUBS MUST REPORT
ANY DISCREPANCIES TO
DESIGNER MvIEDIATLY. AS
BUILT AND SITE CONDITIONS
OFTEN HAVE UNIQUE CON-
DITIONS THAT CANNOT BE
PREDICTED OR FORSEEN AT
DESIGN COMPLETION.
CONTRACTOR, SUBS AND
DESIGNER WILL WORK
TOGETHER TO REACH A
SOLL71ON IF ANY SITUATION
MAY ARISE.
I
tu
0
tu
6
�a
OY
�
p0
JOB NO: 100
SHEET NO:
A6
SECTION