2015-087 Making Findings of Fact and a Side Yard Setback Variance CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2015-087
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A SIDE YARD SETBACK VARIANCE
WHEREAS, an application for Variance VN15-4 has been made by Howard Johnson and
Billee Kraut; and,
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN15-4 was made by Howard Johnson
and Billee Kraut on September 25, 2015;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
October 27, 2015: all persons present were given an opportunity to be
heard;
3. That the written comments and analysis of the City staff were considered.
4. The legal description is as follows:
Lot 2 Block 77 West Minneapolis 2nd Division
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application VN15-4 for a three-foot, 10 17/32 inch side yard
setback variance to construct an addition on the south side of the existing home at 140 11th
Avenue North is hereby approved based on the following Findings of Fact:
1. That there exists a practical difficulty because of the location of the existing
home.
2. That the variance will not alter the essential character of the surrounding area.
3. That the landowner did not create this circumstance.
4. In 1966, the property was granted a side yard setback variance to construct a
garage on the south side of the property. The property abuts the Hennepin
County Regional Railroad Authority's ("HCRRA")property. The new
property owner assumed that the fence and patio were on the property. Parts
of the fence and patio are on the HCRRA property.
5. The property does not have access from the garage into the home. The
proposed addition would provide access to the home from the garage.
BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of
Hopkins, Minnesota, hereby determines that the literal enforcement of the side yard setback
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 side yard setback
variance of three feet 10 17/32 inches is reasonable.
BE IT FURTHER RESOLVED that application for V. 'ance VN15-4 is hereby
approved subject to the following conditions:
1. That the fence and patio are removed from the He nepin County Regional
Railroad property.
Adopted this 2nd day of November 2015.
4
Eugene . Maxwell, Mayor
ATTEST: LeA
Amy Domeier, City Clerk