2006-073CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 06-73
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A VARIANCE FOR A SIDEYARD SETBACK AT 338 - 15TH AVENUE
NORTH
WHEREAS, an application for Variance VN06-4 has been made by Dale Molderhauer;
and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN06-4 was made by Dale Molderhauer
October 2, 2006;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
October 24, 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:
Lots 2 and 3, Block 1, Gibbs Addition to West Minneapolis
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN06-4 to reduce the 8-foot
setback to 7'4" is hereby recommended for approval based on the following Findings of Fact:
1. That Lot 2 meets the minimum lot requirements for a buildable lot in the R-1-
Azoning district
2. That the home on Lot 3 was constructed in 195 5 with a 7' 4" sideyard setback
3 . That the building permit indicated a 8' 2" sideyard setback
4. That the owner of Lot 3 in 1955 did not own Lot 2
5. That Lot 2 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 eight-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 construction of a new
home is a reasonable use of Lot 2 and that granting of the variance will not alter the essential
character of the area in which it is located. Therefore, application for Variance VN06-4 is
recommended for approval subject to the following condition:
1. That the new home on Lot 2 meets the existing setback requirements.
Adopted this 7th day of November 2006.
Euge J. axwell, Mayor
TTEST:
eery erm er, ity C erk