CR 11-080 Area Variance - 132 Interlachen Rd•
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/-/0 P K INS Council Report I I -80
August 3I, 2011 �
AREA VARIANCE —132 INTERLACHEN ROAD
Proposed Action
Staff recommends the following motion: Adopt Resolution 11-43 approving an area variance
for 132 Interlachen Road.
At the Zoning and Planning meeting, Ms. Cummings moved and Mr. Fisher seconded a
motion to adopt Resolution RZ11-14, recommending approval of an area variance for 132
Interlachen Road. The motion was approved unanimously.
Overview
The applicant, Albert Kempf, has razed the existing home and will be constructing a new
home at 132 Interlachen. 132 Interlachen consists of two 40 -foot lots. The former home
straddled the two lots, as would the new home. The problem is that in the past homes were
allowed to straddle lot lines. This was not a good practice and is not allowed today. To
remedy the situation the owner will have to replat. Interlachen Park was platted as 40 -foot
lots; however, in this area each home is on two or three 40 -foot lots. The new lot will be 80'
x 132'.
The minimum lot size in the R -1-C zoning district is 12,000 square feet; the proposed lot has
10, 653 square feet. Without the variance, the lot will be unbuildable.
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?
Supporting
Documents
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Analysis of Issues
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Survey
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Resolution 11-43
Nancy S.
nderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR11-80
Page 2
• 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 proposed use complies with
both documents.
• What does the ordinance require?
The R -1-C district requires a minimum lot size of 12, 000 square feet.
• What are the specifics of the applicant's request?
The applicant will be re -platting the lots to combine then into one lot of approximately
10,653 square feet.
• 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.
Without the granting of this variance the lot will be unbuildable. The lot being unbuildable is
a practical difficulty, and granting a variance will provide the applicant a reasonable use of
the property.
Surrounding uses
The site is surrounded by single family homes.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the variance request. Mr. Kempf, the applicant, appeared before the
Commission.
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CRI 1-80
Page 3
Alternatives.
1. Approve the area variance. By approving the area variance, the applicant will be able to
construct the house as proposed.
2. Deny the area variance. By denying the area variance, the applicant will not be able to
construct the house as proposed. If the City Council considers this alternative, findings
will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
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•DENOTES IRON MONUMENT FOUND
O DENOTES IRON MONUMENT SET
ORIENTATION OF THIS BEARING SYSTEM IS BASED
ON AN ASSUMED DATUM.
BENCHMARK -
SANITARY MANHOLE
ELEVATION 922.3 (NGVD 1929)
SURVEY FOR: ALBERT KEMPF
SURVEYED: June 22.2010
DRAFTED: June 23, 2010
LEGAL DESCRIPTION:
Lots 21 and 22, Block 4, F. A. Savage's Interlachen Park, Hennepin County,
Minnesota.
CONTAINS: 10,653 sq. ft. or 0.244 acres
PROPERTY ADDRESS:
132 Interlachen Road, Hopkins, Minnesota
LIMITATIONS:
The scope of our services for this job is as follows:
1. Showing the length and direction of boundary lines of the legal description
which you furnished.
2. Showing the location of existing improvements we deemed important.
3. Setting new monuments or verifying existing monuments to mark the comers
of the property.
4. Showing existing spot elevations necessary to show elevation differences on
the site.
5. The property is zoned R -1-C according to the City of Hopkins zoning map.
6. We have provided a benchmark for your use in determining elevations for
construction on this site, use that benchmark and nothine else for that purpose.
Check the elevation of at least one other feature shown to verify your elevations.
7. Note that the adjoining owners names were obtained from the Hennepin
County Property information web site.
STANDARD SYMBOLS & CONVENTIONS:
" • " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235,
set, unless otherwise noted. Proposed elevations are shown with a box around
i— — — — — — — them, while existing elevations are shown without a box. Arrows indicate the
proposed flow of storm water on the site.
I CERTIFICATION:
I I -- -I hereby certify that this plan, specification, report or survey was prepared by
me or under my direct supervision and that I am a licensed Professional
Engineer and Professional Surveyor under the laws of the State of Minnesota.
Jakf SIH. Parker P.E. & P.S. No. 9235
EXIS
= 72 FOOT 9DE YARD SETBACK FORA 2 STORY DHEWNC. IT LS 10 F00T SIDE YARD SETBACK FOR A
— r J - SINGLE STORY OWELING AND A 14 FOOT SIDE YARD SETBACK FOR A 3 STORY DW2n1NE
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OWNER
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GRAPHIC SCALE
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AD VANCE SUR VE YljVG & ENGINEERING CO.
5300 S. Hwy. No. 101 Minnetonka, MN 55345
Y Phone (952) 474-7964 Fax (952) 225-0502
SHEET 1 OF I SHEET
r:
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 11-43
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN AREA VARIANCE FOR 132 INTERLACHEN ROAD
WHEREAS, an application for Variance VN 11-3 has been made by Albert Kempf; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN11-14 was made by Albert Kempf on
August 16, 2011;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
August 30, 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 21 and 22, Block 4, F.A. Savages Interlachen Park, Hennepin County
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN11-14 to reduce the area for a lot
from 12,000 to 10,653 square feet is hereby approved based on the following Findings of Fact:
1. That 132 Interlachen Road does have a circumstance peculiar and unique to
the parcel.
2. That the lot is unbuildable without the variance.
3. That the applicant will not have reasonable use of the property without 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 12,000 square -foot
minimum lot size in the R -1-C zoning district would cause an undue hardship because of
circumstances unique to the subject property, that the granting of the requested variance to the
extent necessary to compensate for such hardship is in keeping with the intent of the Hopkins
City Code, and that the variance of 1,347 square feet is reasonable.
Adopted this 6th day of September 2011.
ATTEST:
Deborah L. Sperling, City Clerk
Eugene J. Maxwell, Mayor