Variance-WarringtonBACKGROUND:
Planning Commission Report -
VARIANCE- WARRINGTON
N o. VN86 -13
September 18, 1986
PURPOSE: The purpose of this report is to review and
recommend action on a side yard variance.
Name of Applicant: Warrington Ass., Inc.
Address of Property: Empty lot north of 601 2nd
Avenue South.
Present Zoning: B -1
Reason for Request: To construct a link between
the proposed building and the existing building.
Nature of Request: A 10 foot side yard variance.
This variance request is in conjunction with the Conditional
Use Permit application to construct an office building.
The applicant is proposing to connect the proposed building
and the existing building with a link. This link is
necessary for access to both buildings. Without this link
the project will not be practical. The applicant has a long
term lease on the present Warrington building, however is
unable to purchase this property. With the exception of the
link, the rest of the building will have the proper side
yard setback.
The proposed building will be independent of the existing
building. If in the future, the proposed building is no
longer used by the applicant, the link could be removed and
a conforming building would exist. The southerly setback
will be approximately 15 feet, without the link.
Ordinance 427.23 states that a variance shall be approved
only by circumstances unique to the property under
consideration would cause undue hardship to owner.
The proposed development meets the minimum requirements for
a B -1 District with the exception of the link.
VN86 -13
Page 2
ANALYSIS: Without the connection between the two buildings
this development would not be feasible. The programers in
the proposed building need access to the computers in the
existing building. The applicant is unable to purchase the
adjacent lot, which then requires the applicant to seek a
sideyard variance.The Commission might want to place a
condition on the variance, that if Warrington sells the
proposed building the link is to be removed.
RECOMMENDATION: I recommend approval of the variance. The
following are suggested Findings. of Fact should the
Commission recommend approval:
1. A unique circumstance exists due to the inability of
the applicant to purchase the subject property.
2. A hardship exists due to the access that is required
to the proposed building.
3. The negative impact of the variance will be
minimized due to the fact that the building will have
the proper sideyard setbacks except for the link.
flcurta n 4onnilfl
Nano& S. Anderson
Community Development Analyst
•
NOTE The purpose of a variance is to provide relief to a property owner when
the strict enforecment of the Zoning Ordinance would cause an undue hard-
ship to the property owner or deny reasonable use of the property.
Hardship to the applicant is the crucial test. Variances will be granted
only in unusual situations which were not foreseen when the Zoning Ordin-
ance was adopted. Economic situations are seldom unique and are rarely
considered a valid hardship.
Hardship A.
Conditions B.
Explain why strict enforcement of the Zoning Ordinance would cause undue
hardship: Warrington Assoc.,Inc. has 25 years remaining on their lease of the
property at 601 - 2nd Avenue South, Hopkins, Mn. They have been unable to purchase
the property. Warrington Assoc.,Inc. own Lot 2 which is 10 f et nnrt-h of present
building. The proposed building on Lot 2 will be occupied by programers and
people needing access to the computors in the existing building. A rrrered
walkway is imperative for the operation to function within the two (2) buildings.
FOR VARIANCE APPLICATION ONLY
What are the special conditions (shape of lot, exceptional topographic
conditions, etc.) of this request that are unique to this property and
do not apply generally to other properties in the district?
N/A
List of Homeowners
Contacted by Applicant C.
Submit a list of names and addresses of neighbors contacted.
Have talked to the President of the Park Valley Association, Gil Zaun.
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