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2006-080CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 06-80 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A VARIANCE FOR A SIDEYARD SETBACK WHEREAS, an application for Variance VN06-5 has been made by Frank Petruska; and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN06-5 was made by Frank Petruska on October 27, 2006; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on November 28, 2006: 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: Lot 5, Bloclc 58, West Minneapolis NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, that application for Variance VN06-5 to reduce the 10-foot sideyard setback to S .8 feet is hereby approved based on the following Findings of Fact: 1. That Lot 6 is a buildable lot in the R-2 zoning district 2. That the home on Lot 5 was constructed in 1961 with a 5.8 foot sideyard setback 3. That Lot 6 is unbuildable without the variance BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of Hopkins, Minnesota, hereby determines that the literal enforcement of the 10-foot sideyard setback would 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, that the variance of 4.2 feet is reasonable, and that granting of the variance will not alter `the essential character of the area in which it is located. Adopted this 5th day of December 2006. TTEST: erry O ~e ~ aier, City Clerk Eug ne .Maxwell, 1 ayor