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P&Z Resolution 2023-08 - Resolution Recommending the City Council Approve the Variance Request for the Property Located at 238 15th Avenue NCITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA PLANNING & ZONING COMMISSION RESOLUTION 2023-08 RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE THE VARIANCE REQUEST FOR THE PROPERTY LOCATED AT 238 -15th AVENUE NORTH WHEREAS, the City of Hopkins (the "City') is a municipal corporation, organized and existing under the laws of the State of Minnesota; and WHEREAS, Dale Moldenhauer (the "Applicant"), applied for a variance for the property that he owns located at 238 —15th Avenue North (PID 24-117-22-23-0056) legally described below: Lots 1 and 2, Block 4, Gibbs 1St Addition to West Minneapolis, Hennepin County, Minnesota (the "Property"); and WHEREAS, the Property is zoned N3 -B, Small Lot Traditional Neighborhood; and WHEREAS, the City has adopted a zoning ordinance and other official controls for reasons that include, but are not limited to, protecting the character of properties and areas within the community, promoting the proper use of land and structures, fixing reasonable standards to which buildings, structures and land must conform for the benefit of all, and prohibiting the use of buildings, structures and lands in a manner which is incompatible with the intended use or development of lands within the specified zones; and WHEREAS, City Code Part III, Chapter 102, Article II, Section 102-260 (c) (2) requires lots to be a minimum of 40 feet wide; and WHEREAS, pursuant to the aforementioned code provision, the Applicant has made a request to the City for a variance from the required minimum lot width to subdivide the property into two lots; and WHEREAS, pursuant to Minnesota Statutes, section 462.357, subd. 6(2), "[v]ariances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used 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 the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties."; and WHEREAS, on July 25, 2023, pursuant to the procedural requirements contained in Article XIII, Section 102-13130 of the City Code, the Hopkins Planning and Zoning Commission (the "Commission") held a public hearing on the Applicant's requested variance and all persons present were given an opportunity to be heard. The Commission also took into consideration the written comments and analysis of City staff; and WHEREAS, based on a review of the Applicant's request and their submissions, the written staff report, and after careful consideration of all other written and verbal comments concerning the requested variance, the Commission makes the following findings of fact with respect to the aforementioned criteria provided in Minnesota Statutes, section 462.357, subd. 6(2): Is the variance in harmony with purposes and intent of the ordinance? Finding: The requested variance does not conflict with the purpose and intent of the zoning ordinance. The purpose and intent of zoning ordinance is to carry out the vision of the zoning ordinance and promote the orderly and beneficial development of the city. Although the width of the proposed new lot falls short of the minimum lot width standard of the code, the area of the proposed lot exceeds the minimum lot area and exceeds the minimum lot width of 40 feet throughout the majority of the lot as a whole. 2. Is the variance consistent with the comprehensive plan? Finding: A stated goal of the Cultivate Hopkins 2040 Comprehensive Plan is to support and strengthen the city's residential areas with reinvestment and appropriate infill. One policy associated with this goal is to encourage the preservation and enhancement of the community's detached single family housing stock. Granting the variance would be consistent with the Comprehensive Plan by allowing appropriate infill that would enhance the community's detached single family housing stock. 3. Does the proposal put property to use in a reasonable manner? Finding: The proposal would put the property to use in a reasonable manner. The variance would create an additional lot that exceeds the minimum lot area standard and exceeds the minimum lot width standard throughout the majority of the lot as a whole. This would result in an opportunity for the lot to be improved with a traditional house building type, which is a permitted use in this zoning district. 4. Are there unique circumstances to the property not created by the landowner? Finding: Under this standard, the applicant must demonstrate the issues that prevent them from developing the subject property were caused by circumstances unique to the property that were not caused by them. The applicant indicates that the irregular shape of the lot created by the alignment of 3rd Street North makes compliance with the lot width requirement impractical even though the proposed new lot would exceed the minimum lot 4 area requirement and exceeds 40 feet in width towards the rear of the lot. This irregular lot shape is not a circumstance created by that landowner. 5. Will the variance, if granted, alter the essential character of the locality? Finding: The front setbacks of most of the homes on this block of 15th Avenue North maintain a consistent block face that could be interrupted with a house that is setback to accommodate width toward the wider rear portion of the proposed new lot. However, existing homes on nearby lots at the intersection between 15th Avenue North and 3rd Street North have irregular shapes and establish some precedent for a diversified block face that could be continued with a similar building siting on the proposed new lot. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Hopkins that the recitals set forth in this Resolution are incorporated into and made part of this Resolution, and more specifically, constitute the express findings of the Commission. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Planning and Zoning Commission of the City of Hopkins that based on the findings of fact contained herein, the Commission hereby recommends that the City Council of the City of Hopkins approve the Applicant's requested variance. Adopted this 25th day of July, 2023. Ben Goodlund, Acting Chair 3