1988-066
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 88-66
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLICATION FOR VARIANCE 88-7
WHEREAS, an application for a Variance entitled VN88-7
has been made by Larry and Sharon Smoots, 215 - 6th Avenue North,
to construct a garage at less than the minimum sideyard setback
is approved.
WHEREAS, the procedural history of the application is
as follows:
1. That an application for Variance VN88-7 was filed
with the City of Hopkins on July 8, 1988.
2. That the Hopkins Planning Commission reviewed such
application on July 26, 1988.
3. That the Hopkins Planning Commission, pursuant to
mailed notices, held a public hearing on July 26,
1988; all persons present at the hearing were given
an opportunity to be heard.
4. That the written comments and analysis of the City
staff and the Planning Commission were considered.
NOW THEREFORE BE IT RESOLVED, that the Hopkins ci ty
Council makes the following Findings of Fact in respect to VN88-
7:
1. That the applicant has been made the victim of a
hardship by the unique circumstance in that he
contacted the City when a variance was not needed.
2. That the plans conformed to the then existing
setback requirements.
3. That he took steps to begin the project.
4. Delay was consistent with good building practice for
this part of the country.
5. Was not specifically informed of the change in the
ordinance.
6. Change in ordinance took place without his actual
knowledge of such change.
7. The re-structure of the underlaying foundation of
the retaining wall to conform to the new ordinance
would amount to substantial hardship.
8. Re-structure would not be consistent with the use of
property in the neighborhood.
9. Proposal suited to the property.
10. Neighbors do not object to the proposal.
Adopted this 2nd day of August, 1988.
Donald J. Milbert, Mayor