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VII.1. Conditional Use Permit for 1521 Mainstreet; Lindahl (CR2017-015) June 6, 2017 City Council Report 2017-015 Conditional Use Permit for 1521 Mainstreet Proposed Action Move to adopt Resolution 2017-041, approving a conditional use permit allowing a residential use on the second floor of 1521 Mainstreet, subject to conditions. Overview The applicant, Susan Gallucci, requests approval of a conditional use permit to allow a residential use at 1521 Mainstreet. The subject property is zoned B-3, General Commercial, and residential uses are a conditional use in this district. Should the City approve the conditional use permit, it would formalize the historic commercial and residential use of this property. Both staff and the Planning & Zoning Commission recommend approval of this request. Primary Issues to Consider • Background • Planning & Zoning Commission action • Conditional Use Permit standards • Alternatives Supporting Documents • Resolution 2017-041 • Applicant’s Narrative • Plans _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2017-015 Page 2 Background. 1521 Mainstreet is currently owned by Tatiana Riabokin and contains Westside Natural Health Clinic and a residential dwelling unit. The property is zoned B-3, General Business. This district allows the clinic but requires a conditional use permit for the residential unit. A check of City records found no existing conditional use permit, and staff is requiring it now that the property is changing uses and owners. The purchaser plans to use the main floor for her psychologist/life coach practice and the second floor as her primary residence. Planning & Zoning Commission Action. During their regular meeting on May 23, 2017, the Planning & Zoning Commission reviewed Planning Application 2017-04-CUP to allow a residential use on the second floor of the property at 1521 Mainstreet. After hearing a summary presentation from staff and no comments during the public hearing, the Commission asked questions about parking, architectural appearance and signage. Staff explained the parking regulations require at least one off-street parking space for client, while the conditional use permit standards also require a garage for the residential use. The applicant indicated they intend to do brick tuck-pointing and other maintenance once they close on the property. Staff also explained that any changes to the existing signage would require approval of a separate administrative sign permit. The Commission then voted 6-1 to recommend the City Council approve the request. Commissioner Newhouse voted against the motion because he felt the applicant should be required to meet higher architectural, maintenance and sign standards as part of the conditional use permit. Conditional Use Permit. Conditional use permit applications are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally, if the application meets these requirements they are approved. In evaluating a conditional use permit application, the City shall consider and require compliance with the general conditional use standards detailed in Section 525.13, Subdivision 15, and the specific conditions for residential uses in the B-3 district outlined in Section 535.03, Subdivision H. Section 535.03, Subdivision H. Specific standards for residential uses in the B-3 District. 1. Residential units shall not occupy the first floor Finding: The applicant’s plans indicate she intends to continue to use the property as a commercial use on the main floor and a residential use on the second floor. 2. One off-street parking space for each unit. Finding: Currently, the site has an unimproved parking area in the rear yard with access from the adjacent alley. Staff recommends a condition of approval require the applicant to construct a garage and improved driveway. The driveway shall provide access to the garage and at least one off-street parking space for clients without restricting access to the garage. The client off-street parking shall be striped and marked by a signpost designating it as “Client Parking.” City Council Report 2017-015 Page 3 3. All dwellings must have an entrance leading directly to a public street. Finding: The applicant’s plan indicates that she intends to renovate the existing entrance along the east side off the structure so it will provide separate and exclusive access directly to the residential unit on the second floor. 4. The density allowed shall be R-3. Finding: Residential densities for the R-3 District are detailed in Section 530.05 and require at least 2,600 square feet of lot area for each residential unit. The subject property meets this standard as it is 5,968 square feet in size and will contain one residential unit. Section 525.13, Subdivision 15. General conditional use permit standards. a) Consistency with the elements and objectives of the City's development plan, including the comprehensive plan and any other relevant plans at the time of the request. Finding: The proposed commercial and residential uses are consistent with the comprehensive plan. The City’s future land use map guides the subject property as Commercial. The corresponding B-3, General Commercial, zoning allows the proposed psychologist/life coach practice as a permitted commercial use, while the associated residential use is a conditional use. b) Consistency with this ordinance. Finding: The subject property and proposed development are consistent with the B-3 development regulations detailed in the table below. The applicant proposes no changes to the principal building, but will be required to construct an accessory building (garage), driveway and off-street parking area. The garage and driveway must each receive permits prior to construction. Lot & Building Standards for the B-3 General Business District Standard Requirement Existing Lot Area 3,000 square feet 5,968 square feet Lot Width 25 feet 46.2 feet Front Setback 1 foot 30 feet Rear Setback 30 feet 35 feet Side Setback 0 feet 5 feet Principal Building Height 45 feet (maximum) 25 feet c) Creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development. Finding: Staff finds the proposed use will not significantly alter the existing relationship of buildings and open space with natural site features or their visual relationship to the development. City Council Report 2017-015 Page 4 d) Creation of a functional and harmonious design for structures and site features, with special attention to the following: 1.) An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community. Finding: The proposed use will not affect this standard. 2.) The amount and location of open space and landscaping. Finding: The proposed use will not affect this standard. 3.) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses. Finding: The proposed site and building appear and operate similar to the surrounding commercial and residential structures and uses. 4.) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangements and amount of parking. Finding: Currently, the site has an unimproved parking area in the rear yard with access from the adjacent alley. Staff recommends a condition of approval require the applicant to construct a garage and improved driveway. The driveway shall provide access to the garage and at least one off-street parking space for clients without restricting access to the garage. The client off-street parking shall be striped and marked by a signpost designating it as “Client Parking.” Pedestrian access comes from an internal walkway that connects to the sidewalk along Mainstreet and will not require any changes. e.) Promotion of energy conservation through design, location, orientation and elevation of structures, the use and location of glass in structures and the use of landscape materials and site grading. Finding: The proposed use will not affect this standard. f.) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed use will be subject to all applicable development regulations to limit effects on neighboring land uses. City Council Report 2017-015 Page 5 g.) The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor tend to or actually diminish and impair property values within the neighborhood. Finding: The proposed use will not be injurious to the use and enjoyment of other property in the immediate vicinity or diminish and impair property values within the neighborhood. h.) In Institutional zoning districts, the Conditional Use Permit application shall comply with the standards, conditions and requirements stated in Section 542.03 of this Ordinance. Finding: Section 542.03 provides for standards related to a conditional use that includes demolition or removal of dwelling units and does not apply to this application. i.) Traffic impacts such as increases in vehicular traffic, changes in traffic movements, traffic congestion, interference with other transportation systems or pedestrian traffic, and traffic hazards shall be considered by the Planning & Zoning Commission and City Council in evaluating an application for a Conditional Use Permit. Finding: The proposed use should operate similar to other home occupations and will not affect this standard. Signage. The subject property has an existing ground sign. It should be noted that any new signage must conform to the City’s sign regulations and be approved through a separate administrative sign permit. Engineering Standards. The City Engineer has reviewed the applicant’s plans and offers the following comments: • The applicant will need to apply for a driveway permit. Any driveway or parking areas will need to meet all City standards, including paving with concrete, blacktop or pavers. • More information is needed on driveway and parking layout. Staff recommends a condition of approval require the applicant to comply with all conditions of the City Engineer and receive all necessary approvals from the Minnehaha Watershed District. Alternatives 1. Approve the conditional use permit allowing a residential use on the second floor of 1521 Mainstreet. By approving this application, residential use of the property would be allowed, subject to conditions. 2. Deny the conditional use permit for a residential use on the second floor of 1521 Mainstreet. By denying this application, residential use of the subject property would be prohibited. If the City Council considers this option, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2017-041 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT ALLOWING A RESIDENTIAL USE ON THE SECOND FLOOR OF 1521 MAINSTEET WHEREAS, the applicant, Susan Gallucci, initiated a conditional use permit (CUP) application to allow a residential use on the second floor of 1521 Mainstreet; WHEREAS, these properties are legally described as Lot 15, block 8, Gibbs First Addition to West Minneapolis, Hennepin County, Minnesota; WHEREAS, the procedural history of the application is as follows: 1. That a conditional use permit application was initiated by the applicant on April 21, 2017; 2. That the Hopkins Planning and Zoning Commission, pursuant to published and mailed notice, held a public hearing on the application and reviewed such application on May 23, 2017: all persons present were given an opportunity to be heard; and, 3. That the written comments and analysis of City staff were considered; and, WHEREAS, the Planning & Zoning Commission recommended approval of the conditional use permit based on the findings outlined in the staff report dated May 23, 2017; and, WHEREAS, the City Council of the City of Hopkins reviewed this application during their meeting on June 6, 2017, and agreed with the findings and recommendations of the Planning & Zoning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves a conditional use permit allowing a residential use on the second floor of 1521 Mainstreet, subject to the conditions listed below. 1. Residential use of the property shall be limited to the second floor. 2. The applicant shall construct off-street parking for both the commercial and residential uses as required by the City Code. Parking for the residential use shall include a garage and access driveway. Parking for the commercial use shall include at least one off-street parking space that is marked with a “Client Parking” sign. 3. The dwelling unit shall have a separate entrance leading directly to a public street. 4. The parking and separate entrance conditions listed shall be completed by December 31, 2017. 5. Issuance of a building permit for the garage, driveway, and residential entrance projects. 6. All exterior signage shall be approved through a separate sign permit. 7. Conformance with all conditions of the City Engineer listed in the June 6, 2017, staff report. Adopted by the City Council of the City of Hopkins this 6th day of June 2017. _______________________ ATTEST: Molly Cummings, Mayor ______________________ Amy Domeier, City Clerk CONDITIONAL USE PERMIT APPLICATION City of Hopkins 1010 First Street South Hopkins, MN 55343 ATTN: Jason Lindahl Dear Sirs: This application is being made for a Conditional Use Permit on the property 1521 Mainstreet, Hopkins, MN 55343. Here are the pertinent details for the request of the Conditional Use Permit: • The property is already being used as a mixed-use property and has been utilized in this way for quite some time. • The property is being transferred to a new owner (Susan Gallucci) June 30, 2017 and the Conditional Use Permit is requested to be in place so the new owner may use the property as a mixed-use property. • The new owner will be a psychologist/life coach, thus, creating no more noise or inconvenience to any surrounding properties. • A garage will be erected in 2017 with accommodation for client parking behind the garage. • A separate entrance will be created for the residence on the upper floor so that the clients will be using their own entrance. • The upper floor is already a residence with a separate bath. Sincerely, Lynn A. Kuznia Broker~Premium Properties Realty 15630-D 26th Avenue North Plymouth, MN 55447 (Representing the new owner)