CR VN11 - 114 Area Variance - 115 Cottage DownsC]
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November 30, 2011 N O P K I N S Council Report VN11-114
AREA VARIANCE — 115 COTTAGE DOWNS
Proposed Action
Staff recommends the following motion: Adopt Resolution 11-64, approving an area variance
for 115 Cottage Downs.
At the Zoning and Planning meeting Ms. Naef moved and Mr. Fisher seconded a motion to
adopt Resolution RZ 11-18, recommending approval of an area variance for 115 Cottage
Downs. The motion was approved unanimously.
Overview
The home at 115 Cottage Downs has been razed because of water damage. 115 Cottage
Downs consists of parts of two 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 re -plat. The new lot will be 117' x 152'
The minimum lot size in the R -1-D zoning district is 20,000 square feet; the proposed lot has
18,632 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?
Supportinla Documents
• Analysis of Issues
• Survey
• Resolution 11-64
&J 0 Apon
lNan*cyAnderson, AICP
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CRI 1-114
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-D, Single Family Low 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-D district requires a minimum lot size of 20, 000 square feet.
• What are the specifics of the applicant's request?
The applicant will be re -platting the lots to combine them into one lot of approximately
18,632 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.
The applicant meets the three requirements to grant a variance. 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 of constructing
a single family home.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the reason for the area variance. Steve Streeter, the applicant,
appeared before the Commission. No one else appeared at the meeting regarding this item.
Alternatives.
• 1. Approve the area variance. By approving the area variance, the applicant will be able to
construct a new home.
• CRI 1-114
Page 3
2. Deny the area variance. By denying the area variance, the applicant will not be able to
construct a new home. 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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KNOLLWOOD 2ND ADDITION
N. LINE OF LOT 3,---�`
---N. LINE OF LOT 2,
BLOCK 4, KNOLLWOOD
BLOCK 4, KNOLLWOOD
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--SE CORNER L01 2,
�= BLOCK 4, KNOLLWOOD 33
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DRAINAGE AND UTIUTY EASEMENTS
ARE SHOWN AS THUS:
BEARINGS SHOWN ARE ORIENTATED TO THE NORTH LINE OF BLOCK .__ 5
4, 1
0-1 J I 110 KNOLLWOOD WHICH IS ASSUMED TO BEAR SOUTH 89 DEGREES 53
MINUTES 14 SECONDS EAST. _ I
NORTH DENOTES FOUND 112 INCH IRON MONUMENT
•
(UNMARKED UNLESS NOTED) t
DENOTES 112 INCH BY 14 INCH IRON MONUMENT SET
0 20 40 O AND MARKED RLS 25718 UNLESS OTHERWISE NOTED. BEING IWIDTH T
RLINES, UNLESSHO WISE INDICATED, AND
BEING 10 FEET IN WIDTH AND ADJOINING
RIGHT OF WAY LINES UNLESS OTHERWISE
INDICATED AS SHOWN ON THE PLAT.
SCALE IN FEET
33
KNOW ALL PERSONS BY THESE PRESENTS: That June Barron, a single person, owner and proprietor of following described
property situated In the County of Hennepin. State of Minnesota, to wit:
All of Lot 2 except that portion thereof described as follows: Beginning at the Northeast corner of said Lot 2, thence West
along the North line a distance of 15 feet, thence South at right angles in a straight line to the South line of said Lot 2:
thence Easterly along said South line to Southeast corner of said Lot 2; thence North along the East line of said Lot 2 to the
point of beginning,
and that portion of Lot 3 described as follows: Beginning at the Northeast corner of said Lot 3: thence West along the
North line a distance of 40 feet, thence South at right angles In a straight line to the South line of said Lot 3: thence East
along said South line to the Southeast comer of said Lot 3: thence North along the East line to the point of beginning,
Block 4, Knollwood, Hennepin County, Minnesota.
Has caused the same to be surveyed and platted as KNOLLWOOD 2ND ADDITION and does hereby donate and dedicate to the
public for public use Forever the public way and donate and dedicates the easements for drainage and utility purposes only as
shown on this plat.
In witness whereof said June Barron has hereunto set her hand this day of , 20
Donna Miller Pohlad, attorney-in-fact
for June Barron
STATE OF
COUNTY OF
The foregoing Instrument was acknowledged before me [his day of , 20by Donna Miller Pohlad,
the attorney-in-fact for June Barron, a single person, on behalf of June Barron.
(Printed name)
Notary Public, County,
My Commission Expires
I Daniel L Thurmes do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly
Licensed Land Surveyor in the State of Minnesota: that this plat is a correct representation of the boundary survey; that all
mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been or will
be correctly set within one year: that all water boundaries and wet lands, as defined in Minnesota Statutes 505.01, Subd. 3, as
of the date of this certificate are shown and labeled on the plat, and all public ways are shown and labeled on the plat.
Daniel L. Thurmes, Land Surveyor
Minnesota License No. 25718
STATE OF MINNESOTA
COUNTY OF WASHINGTON
This Instrument was acknowledged before me this day of , 20_, by Daniel L Thurmes.
(Printed name)
Notary Public, Dakota County, Minnesota
My Commission Expires January 31, 2015
HOPKINS, MINNESOTA
This plat of KNOLLWOOD 2ND ADDITION was approved and accepted by the City Council of Hopkins, Minnesota, at a regular
meeting thereof held this _ day of 20_. If applicable, the written comments and recommendations of
the Commissioner of Transportation and the County Highway Engineer have been received by the city or the prescribed 30 day
period has eleapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes Section
505.03, Subdivision 2.
CITY COUNCIL OF HOPKINS, MINNESOTA
By , Mayor 8y Manager
TAXPAYER SERVICES DEPARTMENT, Hennepin County, Minnesota
hereby certify that taxes payable in the year 20_ and prior years have been paid for the land described on this plat, dated
this day of , 20_,
Mark Chapin, County Auditor By _, Deputy
SURVEY DIVISION, Hennepin County, Minnesota
Pursuant to Minnesota Statutes Sec. 3838.565 (1969), this plat has been approval this day of
20_
William P. Brown, County Surveyor By
REGISTRAR OF TITLES, Hennepin County, Minnesota
hereby certify that the within plat of KNOLLWOOD 2ND ADDITION was filed in this
office this day of , 20_ at o'clock _.M.
Michael H. Cunniff, Registrar of Titles By , Deputy
CORNERSTONE
LANE) SURVEYING, INC
CITY OF HOPKINS
Hennepin County, Minnesota
0 RESOLUTION NO: 11-64
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN AREA VARIANCE FOR 115 COTTAGE DOWNS
WHEREAS, an application for Variance VN 11-4 has been made by Steven Streeter, and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN11-14 was made by Steven Streeter
on October 14, 2011;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
November 29, 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:
The east 40.00 feet of Lot 3 and that part of Lot 2 lying west of the east 15.00 feet
thereof, all in Block 4, KNOLLWORD, Hennepin County, Minnesota.
• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN 11-4 to reduce the area for a lot
from 20,000 to 18,632 square feet is hereby approved based on the following Findings of Fact:
1. That 115 Cottage Downs 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 20,000 square -foot
minimum lot size in the R -1-D 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 1,368 square feet is reasonable.
Adopted this 6th day of December 2011.
ATTEST:
Eugene J. Maxwell, Mayor
Kristine A. Luedke , City Clerk