CR 2013-056 Front Yard Setback Variance - 143 Ninth Ave NMay 29, 2013 Council Report 13-56
FRONT YARD SETBACK VARIANCE —143 NINTH AVENUE NORTH
Proposed Action
Staff recommends the following motion: Adopt Resolution 13-28, approving a front yard
setback variance at 143 Ninth Avenue North.
At the Zoning and Planning meeting Mr. Kuznia moved and Mr. Kerssen seconded a motion
to adopt Resolution RZ13-4, recommending approval of a front yard setback variance at 143
Ninth Avenue North. The motion was approved unanimously.
Overview
The applicant is proposing to construct an addition to the south side of the existing home at
143 Ninth Avenue North. The front yard setback in the R-1 -A zoning district is 25 feet. The
existing home has an enclosed porch with a front yard setback of 12' 9" and the livable area
front yard setback is 19' 10". The proposed addition would tie in flush with the front of the
home on the south side of the home and maintain the 19'10" front yard setback.
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
• Analysis of Issues
• Site plans
• Resolution 13-28
Nanc . Anderson, AICP
City P anner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR13-56
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-A, Single and Two -Family High 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-A district requires a minimum front yard setback of 25 feet.
• What are the specifics of the applicant's request?
The applicant is requesting a 5' 2" variance to construct the addition in line with the existing
home.
• 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.
Surrounding uses
The site is surrounded by single family homes.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed variance. Gregory Skowronek, the applicant, appeared
before the Commission. Mr. Skowronek explained that the variance will make the addition
look like part of the home, not an addition, and give him two rooms. No one appeared
regarding this item.
CR13-56
Page 3
Alternatives
1. Approve the front yard variance. By approving the front yard variance, the applicant will
be able to construction the addition as proposed.
2. Deny the front yard variance. By denying the front yard variance, the applicant will not
be able to construct the addition 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.
and
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 13-28
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
A FRONT YARD VARIANCE AT 143 NINTH AVENUE NORTH
WHEREAS, an application for Variance VN13-1 has been made by Gregory Skowronek,
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN13-1 was made by Gregory
Skowronek on May 3, 2013;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
May 28, 2013: 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:
Lot 23, Block 80, West Minneapolis 2nd Division
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN13-1 to reduce the front yard
setback from 25 feet to 19'10" for the proposed addition is hereby approved based on the
following Findings of Fact:
1. That 143 Ninth Avenue North does have a circumstance peculiar and unique
to the parcel.
2. That the existing setback was not created by the applicant.
3. That the existing setback of livable area in the house is 19' 10" from the lot
line.
4. That there are practical difficulties in setting the house back 25 feet with the
roof and floor trusses.
5. That the variance will not alter the essential character of the neighborhood.
BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of
Hopkins, Minnesota, hereby determines that the literal enforcement of the 25 -foot front yard
setback in the R -1-A zoning district would cause practical difficulties because of circumstances
unique to the subject property, that the granting of the requested variance to the extent necessary
to compensate for such practical difficulties is in keeping with the intent of the Hopkins City
Code, and that the variance of 5' 2" is reasonable.
Adopted this 4th day of June 2013.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
In (p 0 NO. DESCRIPTION BY DATE
o--� D \ PROJECT DESCRIPTION:
m Z T- N m DRAWINGS PROVIDED BY: S13 9T TITLE:
-1 16 X 24 ROOM ADDITION 143 9TH AVE N
GREGORY SKOWRONEK HOPKINS, MN 55343
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