2019-057 Recommending Approval of Minimum Lot Size, Lot Width and Side Yard Setback Variances CITY OF HOPHINS
HENNEPIN COUNTY,MINNESOTA
RESOLUTION 2019-057
RESOLUTION RECOMMENDING APPROVAL OF MINIMUM LOT SIZE,LOT
WIDTH AND SIDE YARD SETBACK VARIANCES FOR THE PROPERTY
LOCATED AT 501 -7TH AVENUE SOUTH (25-117-22-13-0056)
WHEREAS, the City of Hopkins (the "City") is a municipal corporation, organized and
existing under the laws of the State of Minnesota; and
WHEREAS, Ethan Ryan (the "Applicant") is the fee owner 501 - 7`�' Avenue South legally
described below:
Lots 22,23 and 24,Block 049 West Minneapolis Addition, Hennepin County, Minnesota.
(the"Property"); and
WHEREAS,the Property is zoned R-1-B, Single-Family High Density residential; 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, Section 530.05,of the City Code requires that single-family dwellings in the R-
1-B district be at least 60-feet wide and at least 8,000 square feet in size and have side yard setback
of at least 8 feet; and
WHEREAS, pursuant to the aforementioned code provisions, the Applicant has made a
request to the City for the following minimum lot size, lot width and side yard setback variances in
order to subdivide their existing 146 feet by 128 feet 18,827 square foot property into three separate
parcels
• Lots 22 - Minimum lot width from 60 feet to 50 feet,minimum lot size from 8,000
square feet to 6,419 square feet and side yard setbacks from 8 feet to 5 feet.
• Lot 23 - Minimum lot width from 60 feet to 50 feet,minimum lot size from 8,000
square feet to 6,409 square feet and side yard setbacks from 8 feet to 5 feet.
• Lot 24 - Minimum lot width from 60 feet to 46.39 feet,minimum lot size from 8,000
square feet to 5,951 square feet and a south side yard setbacks from 8 feet to 4 feet.
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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 ganted 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 ganted, will not alter the essential character of the
locality. Economic considerations alone do not constitute practical difficulties."; and
WHEREAS,on June 25,2019,pursuant to the procedural requirements contained in Section
525.07 of the City Code, the Hopkins Planning and Zoning Commission(the"Commission") held a
public hearing on the Applicant's requested variances 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 his submissions, the written
staff report, and after careful consideration of all other written and oral comments concerning the
requested variances,the Commission vote 5-0 to recommend the City Council approve the requested
variances; and
WHEREAS, based on a review of the Applicant's request and their submissions, the written
staff report, the Planning & Zoning Commission's recommendation and after careful consideration
of all other written and oral comments concerning the requested variances,the Hopkins City Council
makes the following findings of fact with respect to the aforementioned criteria provided in Minnesota
Statutes, section 462.357, subd. 6(2):
1. Is the variance in harmony with purposes and intent of the ordinance?
Finding.•The reque.rted variance��are in harrnony zvith the purpo.re and intent o f the R-1-B di.rtrict. The
�er f�ormance�tandard.r for thi.r di��trict are detailed in City Code Section 530.05—Standard.r for the K
Di.rtricte�and the ta�le a�ove. The.re standard.r alloav for.ringle family detached dzvelling��. The reguested
variance.r avould alloav cyeation of 3.ringle family lot.r that zvould l�e con.ri.rte�at in.ritie and dimen.rion zvitb t.he
origi�aal lYlest Mitaneapoli.r plat and�urrounding e:�z��ting development pattern.
2. Is the variance consistent with the comprehensive plan?
I�inding.• The reque.rted variance��are c•on�z.rtent avith thegoal��and�oliczes of�both the 2030 Comprehen,rive
Plan und the 2040 Comprehen.rive Plan Update—Cultivate Hopkin.r. Goal��and policie.r from the 2030
Comprehezz.rive Plan.rupporting the�gr.re.rted variances include:
• Proteet re�zdential neighl�orhoods.
• Retain and enhanc•e detached.ringle_family home�:
• Tuke advantage of redevelopment opportunitie.r to provide nezv housing c•hoice.r for the
community.
• Fncourage the development of ozvner-occr�ied hou.ring.
• Continue to.rtrive for a mix of�ho7�.rilag that accommodate.r a bulance of all hoT,r.ring need.r.
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lY/hile not formally adopted, it i.r svorth noting that the�gue.rted variance.r zvo��ld al.ro be con.ri.rtent aa�ith tlhe
f�tu��land u.re c•ategory andgoal.r and�olicze.r of the 20�0 Comprehensive Plan Updcrte—Culti��ate
Hopkin.r. If�approved, that plan avould designate the future land u.re c•ategory for the.rubject propery as
Traditional Url�an svhicl�allozv.c for moderute den��ity�siderrtial u.re.r avith den.ritie.r from 5-12 unit.r per acre.
Goal,r and policze.r from the 2040 Conrprehensive Plan that support thi.r propo.ral include:
Built F.nvirorrment—I�nd U.re ��De.rig�7
• Goal 4 -Support and.rtrengthen the czty's re.ridential area.r z�.ith reinve.rtment and appropriate infzll.
The.rup�ortingpolicy for thi.rgoql.rtate.r the City.rhould `pre,rerr�e and enhance the community.r detac•hed
.ringle family hou�isTg.rtoc•k, e.rpeczally in the F..rtate Neigl�Gorhood and Su6ur6an Neighborhood future land
u��e categorie.r."
• Goal 5-Beinforce Hopkin.r'unique identity and.ren.re of�community througb high guality ur�an
de.rign. Thi.rgoal i.r st�ported by a policy to `�Zeinforc•e the di.rtinctive characteri.rtic.r of Doavntozvn and
e.�i.rting neigbborhood.r by encouragirig development.r tl�at a�conzpatible in de.rign and supportive zvithin their
co�ate.�t."
• Goal 6-C�ate approp�zate tran.ritiosu betzvee��area.r of t1�e city zvhere there are potential
iracompatibilitie.r in land u.re or.rcale. This goal i.r.rupported by the poliey to "[Ise ur/�an de.rign element.r,
1�uildi�zg ma.r.ring, Iai7d u.re e�trategies, and puGlic realm improvement,r to provide appropriate tran.ritione�
betaa�een de��elopment.r—particzrlarly tl�ose of di�ferent se•ale and inten�ity."
Built F,n�nronmeylt—Nousing
• Goa!� -Maintain tl�e guality, .rafety, and c•haracter of exi.rtirig bou.ring stock. Thi.rgoal i.r.rupported
�y the policy to `�n.rure that new hou.ring propo.ral,r addre.r.r building ma.r.ring,parking loe•ation.r, acce.r.r,
tra�fic�impact.r, land.rcaping, exterior arehitectre�al de.rign,fenczng, tra.rb handling, and parking ratios."
Based on tbi.r goal, sta�f recommend.r a conditiorz of approz�al for the.re varzcance.r reguire the garage and��ehicle
acce.r.r to conae from the alley l�ehifrd the.re prnpertie.r.
3. Does the proposal put the propert�� to use in a reasonable manner?
Finda'ng: The proposal zvor.rld pr�t the.rrrGject property to u.re in a rea.rorza�le manner. The reqt�e.rted
minimum lot sitie, lot zvidth and.ride yard.retbac•k variane•e.r aa�ol.�ld allosv the applicarzt ta.rubdi�nde their
e.�z.rtin�.ringle family lot in to thr�e.reparate par�el.r. Thi.r de��ign ivould create tsvo additional parcel.r for
future developnaent on Lot.r 22 and 23 zvhile retaining the eaz.rting.ringle family home on Lot 24. lYlhile tbe
reqrse.rted varianc•e are szeces.rary frnm the czrrreylt R-1-B de��elopnzent standard.r, they avould�roduce.ringle
family lot��con.ri.rtent�arith the goal.r and policze.r of the comprehen.rive plan, the original IYle.rt Minneapoli.r
plat and the.rurror��zding.ringle family der�elopment patter�r.
4. r,Ye there unique circumstances to the property not created by the landowner?
Finding: There Ure unique ezrezrm.rtances to tl�e property tbat aa�ere not crzated 6y the landoaa�ner. The
original lYle��t R7inneuj�olis plat created lots that zvere predominately 50'�ide by 130'feet dee�. Thi.r de�zgz�
i.r consi.rtent�a�it{�all of tbe other.ringle family lots osz the Glock on svhich the.rubject property i.r located a.r ivell
a.r the.rurrounding block.r frnm 6'�'A��enue South to �1'�'Avenue South and�etzveen 5'''Street South and
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7'�'Street South. �.r a re.rult, e.�ecting thi.r property to meet the current lot.ritie, lot zvidth and.ride yard
.ret�ack.rtandard.r of the R-1-B di.rtric•t i.r impractical.
5. Will the variance,if granted,alter the essential character of the localiry?
Fanding: Granting the regue.rted variance svould not alter the e.r,rential character of the.rurroundi�ag area.
7 he requee�ted variance:vould prnduce.ringle family lot.r consistent zvith the goal.r and policie.r of the
comprehensive plan, the original lYle.rt Minneaf�oli.r plat and the.rurrounding.ringle family development
pattern.
NOW,THEREFORE,BE IT RESOLVED by the City Council 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 City Council.
NOW,THEREFORE,BE IT FURTHER RESOLVED by the City Council of the City of
Hopkins that based on the findings of fact contained herein, the City Council of the City of Hopkins
hereby approves the Applicant's requested variance, subject to the following conditions:
1. Approval of and conformance with all requirements of an Administrative Subdivision.
2. Removal of a small addition on the south side of the existing house to allow a four(4)
foot side yard setback.
3. Garage, driveway or vehicle access to the two newly created lots(Lots 22 and 23) shall
only come from the rear alley. No garage, driveway or vehicle shall come from 7`�'
Avenue South.
Adopted by the City Council of the City of Hopkins this 16th day of July 2019.
ATTEST:
.�`
Amy Domeier, City Clerk son Gadd, Mayor
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