2013-034 Approving Rear Yard VarianceCITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 13-34
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
OF A 16.9' REAR YARD VARIANCE AT 6 MANITOBA ROAD
WHEREAS, an application for Variance VN13-2 has been made by Jane and David
Kirshbaum, and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN13-2 was made by Jane and David
Kirshbaum on May 23, 2013;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
June 25, 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 12 Block 2 Bellgrove
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN13-2 to reduce the rear yard
setback from 40 feet to 23.1' for the proposed addition is hereby approved based on the
following Findings of Fact:
1. That the applicants do have a circumstance peculiar and unique to the parcel
because of the extraordinary front yard setback & that the existing house was
built to the rear yard setback and that the interior layout is such that the porch
can only be located where it encroaches into the rear yard.
2. That the granting of 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 40 -foot rear yard
setback in the R -1-E zoning district would cause practical difficulties because of circumstances
unique to the subject property, that 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 16.9' is reasonable.
BE IT FURTHER RESOLVED that application for variance VN13-2 is hereby approved
based on the following condition:
1. That the screened porch is never converted to an addition with windows,
insulation and heat.
Adopted this 9th day of July 2013.
Euge J. M ell, Mayor
ATTEST:
czk
Kristine A. Luedke, City Clerk