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2007-040CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 07-40 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A VARIANCE FOR A SIDEYARD SETBACK WHEREAS, an application for Variance VN07-2 has been made by John Kosmas for Jason and Sheila Anderson; and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN07-2 was made by John Kosmas for Jason and Sheila Anderson on May 3, 2007; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on May 29, 2007: 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: Lots 16 to 19, Block 2, FA Savages Interlachen Park NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, that application for Variance VN07-2 to reduce the 12-foot sideyard setback to 10.8 feet is hereby approved based on the following Findings of Fact: 1. That because the existing garage has a 10.8 foot setback from the property line and the second floor addition will be setback the required 12 feet; this will mitigate the adverse affect on the abutting property. 2. That the expansion of the second floor and the existing home is a reasonable use that complies with the zoning classification of this property. The literal enforcement and application of the sideyard setback would prevent that reasonable use. Because of the unique design of the barrel vault ceiling in the living room it is not feasible to do a second floor expansion in another location. 3. That the south wall of the adjacent property to the north is approximately 10 feet from the property line for a total distance between the homes of approximately 20 feet, which provide adequate space for passage of light, and air between homes and for fire safely. 4. That literal enforcement of the setback requirements will cause an undue hardship due to circumstances unique to this property. BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of Hopkins, Minnesota, hereby determines that the literal enforcement of the 12-foot sideyard setback would not cause an undue hardship because of circumstances unique to the subject property, that the granting of the requested variance to the extent necessary to compensate for such hardship is in keeping with the intent of the Hopkins City Code, and that the variance of 1.2 feet is reasonable. Adopted this 5th day of June 2007. Eu ene .Maxwell, Mayor ST: erry Ob'naier, City Clerk