2021-039 A Resolution Approving a 3.5' Front Yard Setback Variance for a Front Porch on the Property Located at 101 Interlachen Road (PID 20-117-21-33-0001) CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2021-039
A RESOLUTION APPROVING A 3.5' FRONT YARD SETBACK VARIANCE
FOR A FRONT PORCH ON THE PROPERTY LOCATED AT
101 INTERLACHEN ROAD (PID 20-117-21-33-0001).
WHEREAS, the City of Hopkins (the "City") is a municipal corporation, organized and
existing under the laws of the State of Minnesota; and
WHEREAS, Richard & Shannon Rosati (the "Applicants") are the fee owner of 101
Interlachen Road legally described below:
Lots 1 And 2 And The N 1/2 Of Lot 3, Block 5 of F.A. Savages Interlachen Park Addition,
Hennepin County,Minnesota.
(the"Property"); and
WHEREAS, the Property is zoned R-1-C,R-1-C) Single Family Medium Density; 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, Article V, Section 102-160(4), of the City Code allows front porches to be
constructed in the front yard setback with a minimum setback of 20 feet in all R-1 Districts; and
WHEREAS, pursuant to the aforementioned code provisions, the Applicants have made a
request to the City for a front porch variance from twenty (20) feet to sixteen and one-half feet in
order expand their existing front porch attached to their existing detached 1-unit dwelling; and
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 granted 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 granted, will not alter the essential character of the
locality. Economic considerations alone do not constitute practical difficulties."; and
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WHEREAS, on July 27, 2021,pursuant to the procedural requirements contained in Article
III, Section 102-91 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 their submission, the written
staff report, and after careful consideration of all other written and oral comments concerning the
requested variances,the Commission voted 7-0 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, and after careful consideration of all other written and oral comments concerning the
requested variance,the City Council of the City of Hopkins makes the following findings of fact with
respect to the aforementioned criteria provided in Minnesota Statutes, section 462.357,subd. 6(2):
1. Is variance in harmony with purposes and intent of the ordinance?
Finding: Stafffinds the proposed 3.5'setback variance is harmony with the purpose
and intend of the ordinance. The purpose and intent of the 20'front porch setback is to
encourage 1-unit dwellings to add front porches which are viewed as consistent with the
pedestrian friendly and hometown character of Hopkins. Granting this variance request
will allow the applicant to expand their existing front porch in such a way as to be
closer to compliance with the 20'front porch setback standard while also being less
impactful than the 4.5'front porch variance granted by the City in 2002.
2. Is the variance consistent with the comprehensive plan?
Finding: The proposed 3.5'front porch setback variance is consistent with the 2040
Comprehensive Plan—Cultivate Hopkins. The 2040 Comprehensive Plan—Cultivate
Hopkins Future Land Use Map guides the subject property as Suburban Neighborhood.
This land use category is characterized by low density(1-unit) dwellings and golf
courses. Neighborhoods in this category are designed around a modified grid street
network with good access to the surrounding transportation network. Properties in this
category are relatively large for Hopkins, with most having ample private yards and
attached garages. The 2040 plan calls for continuation of the low density single family
land use pattern along with accessory uses such as parks and neighborhood scaled
public and institutional uses. Granting the requested variance will allow for
improvement of the existing 1-unit dwelling consistent with the character of the
Suburban Neighborhood future land use category.
3. Does the proposal put property to use in a reasonable manner?
Finding: The proposal would put the subject property to use in a reasonable manner.
The proposed 3.5'variance would allow expansion of the existing front porch along the
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entire front side of the house in such a way as to hide an unsightly cantilever while also
allowing for a more functional sized front porch.
4. Are there unique circumstances to the property not created by the landowner?
Finding: There are unique circumstances to the property that were not created by the
landowner. In this case, the subject property consists of 2 and a half of the original 40'
wide lots in the F.A. Savages Interlachen Park Addition plat. This results in a property
that is 100'wide while the majority of the lots in the neighborhood are 80'wide. The
additional 20'in width allows for the visual impact of the reduced front porch setback
granted by the variance to be more evenly distributed across a wider distance and
lessen its impact on the surrounding neighborhood.
5. Will the variance, if granted, alter the essential character of the locality?
Finding: Granting the requested variance will not alter the essential character of the
surrounding neighborhood. Granting the requested variance will allow expansion of
the existing front porch resulting in a front elevation appearance that is more
compatible with the neighborhood and overall pedestrian friendly and hometown
character of the community.
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.
Adopted by the City Council of the City of Hopkins this rd day of August 2021.
1!. ' on Gadd,Mayor
ATTEST:
6UP1IWLe1,
Amy Domeier, City Clerk
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