1978A regular meeting of the }lopkin.~ Zoning and Planni,]g Commission was held on Tue.~Jay,
June 27, 1978, at 7:30 p.m. in the Council Chambers of the City llall.
Present were Chairman Hence, members ~>~ves, Slaton and Treanor. Also present were
City Manager Craig, C~ty Engineer Strojan, Zoning Administrator Kohnen and City
Planner Hawks.
Action: Dr. Slaton moved and Mr. Eaves seconded a motion that the minutes of the
May 30, 1978 meeting be approvc~ and signed. Motion carried.
Case No: 78-06
Hearing on an at~l~licat~on by Mr. Anthony R. Tempesta for a Conditional Use
Permit to construct eight - 4 plex's at the southwest corner of 7th Street
nd 9th Avenue South, continued from the May 30, 1978 meeting.
Action~ Mr. Eaves moved and Mrs. Treanor seconded a motion to recommend to the Council
~.%/ ~a~proval of the Conditional Use Permit with the conditions set forth by thc
Watershed District: (1) The District will require that the proposed erosic.n
control facilities, diversion ditch and sedimentation pending area be installed
prior to grading operations on the development site. All erosion control
facilities must remain in place and be mainta].ned until the altered areas on
the site have been restored, (2) A detailed utility plan must bc submitted to
the District for review and approval, (3) Ail areas altered by October 1, 1978
must be restored with seed and mulch and/or sod or be hard surfaced by October 15,
1978, (4) The District requests to be notified 48 hours prior to the commencement
of land alteration. Motion. carried.
Case No:
78-10
Hearing on an application by Gregory R. Rusch for variances to construct a
building at 1842 Excelsior Avenue West, continued fro~ t~e May 30, 1978 meeting.
Action: Mr. Eaves mDved and Mrs. Treanor seconded a motion to continue this case to the
July 25, 1978 meeting on request frcm applicant. Motion carried.
Case No:
78-15
Hearing on an application for a Conditional Use Permit to construct a two story
warehouse addition at 21 Harrison Avenue North and a front yard variance to
eliminate 'the 20 foot front yard setback to construct a trucking driveway turn
area, continued from May 30, 1978 due to insufficient parking.
Mr. Tom Rutledge of Rutledge Construction Compan~and Mr. Ed Finke of Advance
Packaging presented the revised plan to accomodate the necessary parking and
driveway turn area.
Action:/Mr.-- Eaves moved and'Mrs.- Treano/ ~econded a motion recommending to the Council
~ approval-- of the front yard variance of an area 25'x20' for trucking driveway
Y turn area due to the unique features of the lot and the parking is no longer
a problem. Motion carried.
Case NO:
78-14
Hearing on an application by Guy Speaker for a Variance or Conditional Use
Permit to permit repair and remodeling of a single family dwelling that has
been ordered by the City of }~pklns to be demolished. Said property is located
at 1513 ~xcelsior Avenue West, continued from May 30, 1978 meeting.
Mr. Eaves moved and Mrs. Treanor seconded a motion to continue this case to the
July 25, 1978 meeting.
A resident of the area asked that something be done about this property soon.
Action: After discussion with the City Manager, Dr. Slaton moved and Mr. Eaves seconded
a motion that this item be tabled. Motion carried.
Case NO:
78-21
Hearing on an application by Ginkel Construction Company for a Conditional Use
Permit to construct a fo~lr story, 112 unit apartment building on the former
site of the South Junior ~igh Annex Building also known as 1510 Excelsior Avenue.
Mr. Robert Pope, architect, presented the plans for a 112 unit, four story
apartment with underground parking. During the presentation it was noted that
Planning Co,mnlssion minutes of June 27, 1978 continued.
the three efficiency units did not meet the square footage requirements and
that seven parking stalls were marked for compact cars.
Mr. Hence suggested amending the ordinance for parking in regard to size of
compact cars.
Action~
Mr. Ginkel stated that they would eliminate the three efficiency units from
the plan and perhaps use the area to enlarge other units.
Dr. Slates moved and Mr. Eaves seconded a motion to recommend to ~%e Council
approval of the Conditional use Permit will the following changes: That the
building contain 109 units, removing the three efficiency units, and a variance
for reduction of size of parking stalls and ~%at change be made in the ordinance
tO that effect· Also with the elimination of Olree units, the parking require-
ment would change. Motion carried.
Case No:
78-17 etc.
Hearing on an application by Super Vale Stores Inc. for the following:
1. Conditional use Permit
A. to construct a parking lot in the R-1-A zone
B. to a~ply for a Building Permit
C. to construct a special purpose fence to enclose parking lot
2. Variance for front yard set back in the R-1-A district of 25 feet to 17 feet
3. Vacate First Street Sou~h from the west line of Monroe Avenue South to the
west line of the alley in Block 23 and 33, West Minneapolis Center, and that
part of t~e north-south alley in Block 33, West Minneapolis Center from the
south line of First Street South to the sou~ line of Tract C, Registered
Land Survey No. 1143.
Ac ties:
Residents of the area expressed the following concerns:
· is the 17 foot green area behind the existing sidewalk and will it be maintained
· turn area at Third Street is a garbage lot and very noisy
. noise is a problem during the night
. snow removal will be a greater problem with additional parking being that it
is done during the night - could the time of snow removal be restricted
· wiI~ the curb and gutter on Monroe Avenue be replaced
· will the fence have barbed wire
. present building needs paint on Mouroe Avenue's~de
. lot is used for practice driving on Sundays
· storm water will be a greater problem
· street should be marked "Dead End"
Mr. Sher Azizi presented the proposed plans for Super Valu. In response to some
of the concerns of the residents, Mr. Azizi assured them that the parking would
be for employee cars only, that there would be no gates open on Monroe Avenue
when the project was completed; permission from Edina has been granted to con-
nect to their storm sewer.
Mr. Eaves moved and Dr. Slates seconded a motion to continue this case to the
July 25, 1978 meeting to give Super Valu time to discuss the noise problems with
the residents, have staff check on previous action of the commission regarding
the lot at Monroe and Third Street and consider an 8 foot fence instead of a
10 foot fence. Motion carried.
Case NO:
78-13
Application by R. H. Gardner for variances to ~e front and rear yards to
construct a single family home in the R-1-C District referred back to Zoning
and Planning by Council for further study.
Mr. Hawks stated that the front of the lot faces south and variance for lot
area is not needed.
Mr. Eaves moved and Mrs. Treanor seconded a motion recommending to the Council
approval of a variance with ~e following conditions: (1) that the building be
moved l0 feet north of the original proposal and (2) that the applicant will
not obstruct storm water drainage by filling or grading along the east lot
line. Said variance granted due to the bad soil conditions. Motion carried.
Planning Commission minutes of Oune 27, 1978 continued.
Case
Action=
78-13
Application by the Church of St. Johns Evangelist to finalize and eliminate
condition from Conditlo,~al Use Per,Kit and Variance to parking requirements
contained in record of action taken by Planning Co~nission and Council dated
June 8, 1967 in Case No. 67-19V.
Mr. Tom Cart, trustee for St. Johns and attorney, explained the previous
Conditional Use Permit and variance.
Mr. }lawks stated that some of the conditions have been complied with and others
have not.
.Mr. Gibbs, resident, stated that winter is the greatest problem when the streets
are not wide enough for emergency vehicles to pass.
Residents have indicated that they would rather have houses than more parking
lot.
Mr. Eaves moved and Dr. Slaton seconded a motion to eliminate Stage II of
Conditional Use Permit No. 67-19 based on input from residents. Motion
carried.
Dr. Slaton moved and Mrs.'Treanor seconded a motion that the meeting be
adjourned. Motion carried.
MEMBERS .-' -
ATTEST:
James Hance, Chairman
MEMO
TO: Planning Commission
Subject: St. Johns Parking
From: J.W. Ha. wks, Planner
The principal purpose of the effort to produce and adopt a "Comprehensive
Development Plan is to provide a long range base against which public and
private development can be j~dged. This planning process is continuous,
includes all of the land within the Hopkins corporate structure and relates
to the physical, social and economic functions of the people.
The Zoning Ordinance is one of the devices available to guide decisions and
its intent is to establish the minimum standards, assign categories of land
use and help to bring o~der to the City.
The establishment of any standard requires a relationship to a norm, an
assumed way in which related surrounding will function. Thus, it is always
possible to operate a use of the land in such a manner that the minimum
standards are not appropriate or unsatisfactory.
Churches are a permitted and expected land use in Hopkins, it is assumed that
the church's program will function nearly, everyday and many nights, that it
will provid6 a meeting place for some neighborhood functions, that most members
will arrive by private automobile, that some of the residents of adjacent homes
will not be members, that it is not appropriate to permit a use which can only
function by utilizing most of the on-street parking, that it is the intent of
the church to utilize its seating capacity, that each automobile arriving will
average 3%.persons and that churches desire to be good neighbors and an asset
to the neighborhood.
Having this array of assumptions the Zoning Ordinance requires one parking space
for each 3% persons to be accomodated, based on the design capacity of the prin-
cipal meeting room.
To compound the problem of St. Johns, they also operate a private school with
some 140 students. In March 1977 when this subject was discussed it was cus-
tomary for staff parking to be on Boyce Street. This has been corrected by
having the cars parked off street. Some of the land which was originally des-
ignated as off-street parking has been allocated to play area for the school
and improved with fixed recreational devices.
The parking release which is referred to in the letter from the Parish Council
relates to an agreement between the City and the church at the time of construct-
ing ~ the new church.
The present physical plant of the church-school does not conform to the minimum
standards in numerous instances. However, the real problems were stated at the
last hearing - '!would the total impact on the neighborhood be improved if exist-
ing houses were removed to bring the parking into conformity". The effect of a
large off-street parking area vs the housing to remain and on street parking as
now experienced appeared to be less beneficial. It was suggested that one side
of Preston Lane be restricted during church service.
6/20/78
March 9, 1978
Location: Southwest corner 7th Street & 9th Avenue South
Request: Approval of Conditional Use Permit for a P.U.D. for 8 - 4 plexs
STAFF COMMENTS
1. The property is zoned "R-2" residential, abutts Nine Mile Creek and
contains approximately 156,800 sq. ft. The "R-2" zone permits 2-4 family
homes with a density of 3500 sq. ft. or in this request 40 x 3500 or
140,000 sq. ft. Thus, the density conforms with the ordinance.
2. The required front yard is 35 feet while all of the building as shown on
the plan are 25 feet which in turn would require a variance or an additional
10 feet of yard. The applicant did not provide a statement as to the hard-
ship justifying a variance. Soil tests have been taken but a copy of the
results indicating the effect on each building was not submitted.
3. 427.50(1) (d) establishes the distance between buildings when more than one
building is on a parcel and it states that said distance shall be ½ the sum
of the heights. The buildings are approximately 24 feet in height and the
distance between buildings is 30 feet which conforms.
4. The minimum square footage for a 2 bedroom unit is 720 square feet and the
proposed units are 768 square feet.
5. A large portion of the parcel is within the designated flood plain - five
of the eight buildings. Hopkins, DNR and the Nine Mile Watershed have
established a joint venture to establish and monitor the flood plain of
Nine Mile Creek. The flood plain designation was made a part of the zoning
ordinance based on the best information available at the time of passage and
the Zoning Ordinance prohibits the construction of homes in the flood plain.
Should the Watershed, based upon a specific study of this land, find that the
plan would not jeopardize the flow of water or, in precising the flood plain
line, the building locations are not affected, this particular issue could be
approved by Hopkins. Appropriate action might be to table the request pending
a report from the Watershed.
6. Utilities for new construction are required to be underground. No statement or
plan was submitted as to how this provision is to be complied with.
7. It is assumed that 4 parking spaces are to be provided in the basement plus
at least 4 outside which is in conformance.
8. A landscape plan was submitted indicating where some 31 trees and 49 shrubs
are to be located. Along 7th Street, 466 feet, 7 trees are proposed on
approximately 66 foot centers. The typical street tree spacing is 40-45 feet,
it is suggested that at least one more tree be added to the 7th Street and
9th Avenue frontage. The treatment of Nine Mile Creek was not shown. It is
suggested that the banks be graded to a 3-1 slope and sodded with some plant-
ings to be included.
THOMAS S. CARR
ATTORNL~/ AT LAW
BIOO EDeN AVeNUe
MI NN E,A. POLIE, 1~4 INN e'"IOTA
City of Hopkins
Planning & Zoning Co~?ission
and City Council City Hall
1010 First Street South
Hopkins, Minnesota 55434
June 12, 1978
Re:
St. John' s Building & Parking
Conditional Use Permit
Case No. 67-19V
Gent 1.emen;
The Church of St. John Evangelist, ~6 Interlachen Road,
Hopkins, Minnesota, by this letter petitions the Planning and
Zoning Commission of the City of Hopkins and the City Council to
finalize and eliminate condition from "conditional use permit and
variance to parking requirements" contained in record of action
taken by Planning and Zoning Commission and City Council, dated
June 8, 1967, in Case No. 67-19V, attached hereto as exhibit A.
Therein, the recommendation of the Commission and the
approval of the City Council retained a right to insist that addi-
tional on premises parking be provided by the church pursuant to
stage 2 of the initial proposal in the event the parking facili-
ties provided for in stage I were deemed inadequate by the City.
In that/event, additional parking could have been required of the
church by the City on the adjacent lots occupied by single family
residence then owned by the church. (Lots 28 and 29, Preston's
Interlachen Park).
The matter was to be reviewed within one year from the
Council approval of November 17, 1967, if additional parking was
needed or continued for future reviewal if necessary. The City
has 'never requested the church to provide such additional parking
and the premises are still occupied by single family residences.
City Hall Page 2 June 12, 1978
The C~mmission did review the matter on March 29, 1977,
almost ten years after the initial approval was given when several
neighbors appeared and again on May 31, 1977, when a "Joint Com-
munication from the Interlachen Park Association and St. John's
church stated that the. parking problem had been resolved." The
Commission at that time again retained a right to review the situ-
ation again in a few month's' for further assurance that the matter
was worked out as expected. A copy of the Joint Communication,
dated May 23, 1977, is attached as exhibit B.
Further, no one, at any time, has ever indicated addi-
tional parking on the premises occupied by the residents would be
beneficial to the area, and tn fact, the opposite is clearly ex-
pressed, and the status quo should be retained is their desire.
It is extremely doubtful, in our opinion, that the con-
dttions in the approvals in 1967 could be enforced in 1978 or any-
time in the future because of the time lag and the changes in cir-
cumstances resulting and further, since the conditions are not on
the affected record titles, they could not be enforced against the
present or future occupants or owners of the premises in any event.
Lot 28 has been sold and sale of Lot 29 is contemplated.
Consequently, the petitioners are not asking the City to
give up an enforceable right, but to clear the record so that the
issue will be f.i~ally determined.
Awaiting your reply we remain.
Sincerely yours
THE CHURCH OF ST. JOHN EVANGELIST
Pastor
Record of Action Taken'by '?1arming ~, Zoning Cor.,mission & City Council
..
· ' , requ~ements.. .... ~.. .- · : Casa
· . '-'. P~NG CO~ISSION ~CO~.~NDATIOI']S
On the ~' day of October' 196 7 the acti~ requested ~n the
petition was approved (X) disapproved (')'-subject to the followinE conditions:
Based on %he S%~e 1 p~opos~,, prurient.the parking as on%line ~%h %heir con~rac~
~reemen% ~%h ~a%ion~ Tea %o h~e %he o~r~o~ parking, if need ~e,.~in~
of %he 'pe~i%.-%ha~ %he. church establish-a Parking-Co--it%ce %o m~e on' si%e~'parking availa],
~so:~th %he ~derst~ ~h~ Stye '2-of ~h. propps~ c~ be ~mp~me~/%~?n. orders
of ~he'Ci%y'~d be re~e~d-i'n' one'y.~ar ,~%h Chai~n ~ Z.. /~
~rther re~ih~,'if necessa~, after %h'A~' ~ime... _. ...
'- .... · ..............................
"- . CITY COUNCIL'ACT.ION ~
Ap'prbved -X. De'hied by the Council this 7 day of Novemb~ 196 7 . I
A foi o i,' . . ena ent. hat be' in one" e ath considers--
ion beir~ given to additional parking on Dots 28 and 27~ if needed.
Following to be filled in by City =;;..2cZion of City Officials
Ch_ronolo y '_Date'
Re¢~d, By Bldg; Dept;"'::2/ ': :" ' '" .
Published by Bldg. Dept.
On'P1.- Co-w-. AEenda 7-2~-~'!
Pl. Comm. Postponement 8-8-67' CKB ''
....' ' " 98-29-'-~- '~-2 6 6 7 cK~ClfB
Pl. Comm. Action 10-51-6-
O~ouncil Agenda 11~7-67
Council.~Postponement ..
Council. Action"' .. 11-17-~? C~B
· .: · ......:... i.- .:
Bldg. Dept. Notified
Applicant llotified
!
C'ontin~ed %0 A~gus% 2~, 1~67
Continued lo . _
on %he Stye 1 propose, providing %he parking]
as outlined ~ih their coftrac~r~ ~reement
~%h ~a{ion~ Tea %o h~e %h9 over, ow parki)'
if need be, m~ing i% a part'of %he pe~i% %o [
thai the church es%ablish a Parking Co~illee
%o m~e on sii~.pa~king available, ~so
~he' ~de?st~ fhai'Si~e 2 of %he p~opos~,
c~-be .i~p~emented.mpon .orders 6f %he Ci%y ~d:
be revi. ew~ in one 2ear ~%~ ~rther review~
if
.:Co~cil ~pprove~ as reco~ended ~ Zoni~ ~d '
in one year with consideration being given io '
additional, par~ing on Lois 28 a~d 2~ if neede~
*** June 27, 1978 Mr. Eaves moved and Dr. Slaton seconded a motion to eliminate Stage II o~
Conditional Use Permit No. 67-19 based on input from residents. Motion carried..
EXHIBIT A" ' ,
"~1~ I/llltam Craig, City Mana'ger
.l~lO First Street South
~kins, Minnesota 55343 ''
't
leer Sir:
THE CHURCH OF ST. JOHN THE EVANGELIST
6 INTERLACHEN ROAD, HOPKINS, MINN. 55343 · 935-5536
, .May, 23, 1977
fer request of the'Hopkins Planning Commission, we, as representatives of the
Iaterlachen Park Home Owners Association and the Church of St. John the
[yangelist, have met and discussed the Church parking arrangements.
Our conclusions are'
Sunday on-street p~rking is not a problem if access to private driveways
is not restricted. The installation of-additional signs to control
on-street parking is. not aesthetically desirable nor would they be a
totally effective measure.
Weekday parking is not a problem as church and school staff park off-
street in the parking lots.
The Church parking lots are not now used to maximum capacity during
services. Lines will be painted to enable maximum usage and church members
instructed accordingly.
Expansion of the Church parking lots is desirable, if possible' within
existing property l~mits 'and without destrbc.tion of existing residences.
Boulevard landscaping'is desirable if loss of parking spaces is not a
result.
St. John's will t6ptinue to study its parking in light of future projected
membership. A long-range plan for development will be formulated and discussed
with the Interlachen Association to mutual satisfaction.
Sincerely,
Charles Tralle
Chairman, St. John's Bull,ding Conmittee
Craig Falkmap~
President, ~nterlachen Park.Home Owners Assoc.
EXHI BlT B
August 28, 1978
Case No: 78-34
Applicant: R. Mason
Location: N.E. corner of Excelsior and llth Avenue
Request:
Approval of a Conditional Use Permit to build a 7932 square foot
commercial area on the front of the old "Ford Garage" and a variance
to the front yard requirement.
FINDINGS AND COMMENTS: J.W. Hawks, Planner
1. The site in question is zoned "B-2" Business District, said district being the
Central Business District of Hopkins. The intent of the CBD District is to
provide a convenient and attractive, pedestrian oriented retail sales and
service area. Individual businesses and standards of operation are s~ecified
which collectively it is intended will produce a successful CBD district.
2. The proposed addition is to be divided into two commercial areas, the corner
store having 3941 sq. ft. plus direct access to an area indicated as 6000 sq. ft.
warehouse - the second commercial area has 3491 sq. ft. and in addition is a
3228 sq. ft. east end of the old garage marked warehouse with no direct connection
to the commercial area. This warehouse area has an existing 17'6" wide overhead
door. The results of the new structure plus remodeling will be (a) a corner
store with a 6000 sq. ft. warehouse or backroom (b) a second store area and
(c) a warehouse area with access from the alley and a corridor dividing the old
garage.
3. The "B-2" district is exempt from providing off-street parking for each individual
business in lieu of being a part of an assessment district to provide municipally
operated parking lots.
4. The proposal is to have a furniture store for unfinished goods and this is a
permitted use. All businesses have a back room where inventory is kept although
it has become customary during recent years for businesses to reduce the size
of inventory and depend upon hack ordering. However, the size of the back room
for an abutting retail sales outlet is not limited under the zoning ordinance
thus a 6000 sq. ft. back room which is used in support of the abutting retail
store would be a permitted use.
5. Warehousing as such is D~t a permitted use in the "B-2" district because it was
determined that such a use is not pedestrian oriented, would generate non retail
vehicular traffic, would not strengthen a retail district and in general is in-
compatible with the intent of the B-2 district. Thus, the proposed interior de-
sign should provide a direct access to the east commercial area with the under-
standing that it is to function as the back room of the commercial area and not
as an independent rental space. The alternative is to change the intent of the
CBD and amend the zoning ordinance.
6. Businesses in the CBD area which require loading facilities should provide such
facilities off the public right-of-way, load and unload from the alley. Off
street and on street parking is essential to the success of the CBD area for
each space is estimated as producing $15,000 worth of business per year. Thus,
the creating of any on street loading zones for a particular business is
questionable to the overal success of the CBD area.
7. For many years commercial buildings were constructed to the front property line
with the results that signs, awnings, shutters, flower boxes, barber poles and
even new fronts projected into the public right-of-way. The question arises as
to liability from accidents related to structures located in the public right-
of-way as well as the proper use of the public right-of-way held in trust by the
City for public use. The new ordinance in considering these questions requires
a one foot front yard setback for all new buildings or major remodeling of
front wall. This policy will produce a staggered front wall along the block
front for many years but if sustained will eventually produce a B-2 District with
a one foot front yard.
Certain constructions are exempt, thus pilasters and cornices may extend to the
lot line. The proposed new addition has the concrete block to within one inch
of the front lot line and cement plaster will be in addition: A variance to the
front yard is requested and no hardship is stated.
A regular meeting of the Hopkins Zoning and Planning Comm/sslon was held on Tuesday,
September 27, 1978, at 7:30 p.m. in the Council Chamber of the City Hall.
Present were members Eaves, Loberg, Marker, Miller and Sla~on. A/so present were
C~ty Manager Craig, Cit~ Engineer Strojan, Zon/ng ~am~nis~ra~or Kohnen an~ City
Planner Hawks.
In the absence of Mr. Hance, Dr. Slaton chaired the meeting.
Action:
Eaves moved and Mr. Loberg seconded a motion ~o approve and sign
m~nutes of the August 29, 1978 meeting. Motion carried.
Ztem:
Al~earance by representatives o£ Edwards & Kelcey Inc. regarding
Select/rig Floodways as part of Federal Insurance Stay.
Mr. Bill Hohle of Edwards & Kelcey Inc. explained the Federal Insurance
and its affect on Hopkins in regard to Minnehaha Creek and Nine Mile
Creek. Mr. Hohle asked ~he commission to consider the Bellgrove and
Blake Road areas at th~s ~June and recommend to Council floodways for
those ~t~eas.
Mr. Strojan stated ~hathe and Mr. Hohle were meeting with the M~nnehaha
Creek Watershnd District the followlng ~ay.
Ac tion:
Mr. Eaves moved and Mr. Miller seconded a ~otion to continue this item
to the October 31, 1978 meeting and have staff send results of meeting
withWatershed District to them and that the property owners abutting
the creek in those areas be notified of said proposal for the next
mee~/ng. Motion carried.
case NO:
78-10 Hearing on an application by Gregory R. Rusch for variances to
construct a building at 1842 Excelsior Avenue West, continued fro~ the
August 29, 1978 meeting.
Action:
Mr. Eaves moved and Mr. Miller seconded a motion to table this case until
further notice from the applicant; Motion carried.
Iten:
Hearing on proposed ~mprovement of County Hoad 3 (Excelsior Boulevard) from
2000 feet east of County Road 20 {Blake Road) to 400 feet west of Louisiana
continued from the August 29, 1978 meeting.
Mr. Craig brought the commission up to date on the meeting wi~h S & L and
Pickwick International and ~heir intent to donate land on the north side
of Excelsior Boulevard.
Action:
Mr. Miller moved and Mr. Eaves seconded a motion to reconuuend to the Council
approval of Plan 9A. Motion carried.
78-24 Hearing on an application by Bob Mason for a variance to eliminate
the front yard setback of one foot at 1023 Excelsior Avenue West for
remo~eling an~ enlargement of the building.
Actton~
Mr. Miller moved and Mr. Loberg seconded a motion to recommend to the Council
grant/ng of the variance due to the uniqueness of the corner.
Hr. Lobergmoved and Mr. Marker seconded a motion to amend the original
~t~on by adding rebuilding of old structure and use of old footings as
a reason for granting the variance.
Chairman Slaton'then called for a vote on the mot/on as amended. Motion
carried unanimously.
Case No:
78-35 Hearing on an application by Bob Mason for a Conditional Use Perm/t
to remodel and enlarge the building located at 1023 Excelsior Avenue West.
Hr. Loberg moved and Mr. Miller seconded a motion recom~ending to the Council
approval of the Conditional Use Perm/t to remodel and enlarge the building.
t
Zoning and Plann~.ng M4nu~es of Sep~e~be~. 27, 1978, continued.
Ca~e LTO:
Ac tion:
Case
Action:
Case Noz
Case No:
Actionz
Case NO~
~ction:
Action~
78-25 Hearing on an appXication by R. H. Gardner of Metro Contracting Xnc.
for a Conditional Use Permit ~o construct a proposed one story warehouse
b~ilding and contractors equipment storage lot on Lot 6, Auditor's Sub-
division No. 195 also known as 1102 Fifth Street South, continued from ~he
August 29, 1978 Meting.
Mr. Marker moved and Mr. Miller seconded a motion to table this case until
further notice from the applicant. Motion carried.
78-30 Hearing on an application by Dorothy and William Jeske, Edith and
Ralph Ortiz and Edna and Nicholas Goebel to vacate 17th Avenue South
abutting Lots 21 thru 23, to vacate 6th Street South abutting Lots 12 and
13; to vacate the north-south alley abutting Lots 4 thru 12 and Lots 13
thru 21, all in Block 4, L.P. Creviers First Addition to West Minneapolis
continued from August 29, 1978 meeting.
Mr. Eaves moved and Mr. Loberg seconded a motion to table ~his case until
further notice from ~he applicant. Motion carried.
78-36 Hearing on an application by Knox Lumber Company for a Conditional Use
Permit to construct an assembly warehouse, office and retail sales building
at the southwest corner of County Road 3 and 5th Avenue South.
Mr. Gene Reilly of Hagen Realty, Mr. Gary Anderson, President of Knox Lumber
presented the proposed plans.
Due to lack of information to both staff and commission at the time of the
meeting this case was continued to a special meeting to be held on
October 16, 1978 at 7:00 p.m. Mr. Anderson will meet with Mr. Hawks and
information will be forwarded to the commission.
78-37 Hearing on an application by the Hopkins Holding Company for two
variances 1) a variance from th~ allowable building height of 25 feet
in the B-4 District to 60 feet for an addition to the motel and 2) a variance
from the required perking spaces of 101 spaces for the addition of 90 units.
Request is to leave the parking area as is.
Mr. Harry Harish and Mr. Charles Harriger presented the plans to the
commission and explained their reasons for the parking and height variance.
Mr. Hawks stated that the ordinance does not cover parking as it relates
to varied uses of a building.
Mr. Garish stated that additional parking could be obtained frcaa the lot
by Union Oil if necessary.
Mr. Eaves ~oved and Mr. Marker seconded a motion to continue this case to
the October 31, 1978 meeting and stated that they would like some proof
of control of the Union 0il lot. Motion carried.
78-38 Hearing on an apPllcation by the Hopkins Holding Company for a
Conditional Use Permit to remodel and enlarge the building located at
1501 Highway 7 known as the Hopkins House.
Mr. Eaves meve~ and Mr. Marker seconded a motion to continue this case to
the October 31, 1978 meeting. Motion carried.
Discussion on proposed amendment to ~oning Ordinance "AN ORDINANCE AMENDING
HOPKINS ZONING ORDINANCE NO. 427 BY AMENDING CERTAIN DEFINITIONS AND PER-
MITTED USES IN THE B DISTRICT" referred to Zoning and Planning by
Council.
Mr. Eaves moved and Mr. Hiller seconded a motion ~ continue this item to
the October meeting. Mr. Hawks asked permission in incorporate SOMe
further revisions. Motion carried.
Zoning and Planning minutes o£ September 27, 1978, continued.
~ctio~:
Mr. Marker moved and Mr. Loberg seconded a motion that the meet~nq be
adjourned. Motion carried.
ATTEST:
Dr. Paul Slaton, Chairman Pro-rem
,A
Case No: 78-21
Applicant:
Location:
Request:
Elmo Ginkel
SW corner 15th Avenue & Excelsior, a parcel known as the "annex" site
Approval of .Conditional Use Permit authorizing construction of a four story
112 dwelling unit building.
STAFF FINDINGS (J.W. Hawks, Planner)
1. The property is now vacant, has Been purchased from the Hopkins School District and
is zoned R-5 Residential. The minimum lot size is 24,000 sq. ft. - the lot contains
77,000 sq. ft.
2. The density requirement is 1000 sq. ft. per dwelling with a credit of 300 sq. ft.
for being located next to a'~'or'~"zoning district. However, with all credits
applied, the density can not be less than 600 sq. ft. Utilizing the 600 sq. ft.
factor, the 112 dwelling units proposed are in conformity.
3. The R-5 district permits four story buildings and the proposal is for four story,
the front yard required is 30 feet and the plan shows 30 feet; the side yard is
15 and the plan indicates 30 feet on the west and 20 feet on the east. The rear
yard is half the height, with the height of the building shown as 36 feet or re-
quired yard of 18 feet, plan shows 25 feet. R-5 district permits a 30% ground coverage
and 30% of the 77,393 sq. ft. parcel is 23,217 ~q. ft., the building covers 22,636
sq. ft. The green area required is 16,977 sq. ft. while the green area provided is
over 24,000 sq. ft.
4. The off-street parking required is 1.2 spaces per dwelling unit or 134 spaces. Park-
ing provided is 71 underground plus 64 in lot for a total of 135. Seven of the in-
side spaces are labeled as "compact" and it is recommended the 5 additional be so labeled
Seven of the spaces are less than the 9'x20' required and the additional proposed spaces
have no turning area. The ratio of 12 compacts to 71 spaces is reasonable and less
than the ratio of compact ownership to full size ownership of automobiles. However,
a variance should be included in the approval.
5. Minimum si~e dwelling units are efficiency 520 sq. ft., one bedroom, 600 sq. ft. and
two bedroom, 720 sq. ft. The proposed units are as follows: (A) 2 Br. 780 (B) 2 Br. 824
(C) 1 Br 638 (D) 1 Br 640 (E) Effic 378. It can be seen that all of the units with
the exception of one efficiency on each floor conform to the minimum. The 378 sq. ft.
in the range of acceptance for "elderly" housing.
6. Trash containers are shown as dumpsters and located in the underground garage area.
7. Landscaping indicates a walk to the street, a retaining wall at the garage entrance
to permit a walk outside to the upper level, grass and 38 - 2" trees. The type and
size of trees are hardy and acceptable. The planting is sparce - no foundation
planting.
8. At least two parking spaces should be indicated for handicapped.
9. The building has been designed to accomodate the site, underground parking has
occured, thus increasing the landscaped setting, the height of the building is
approximately the same as the removed school, the exterior architecture as to
colo~ material, texture is difficult to judge based on the data submitted.
In summary only two arras require special attention:
1. variance to accomodate the compact car
2. a decision on the.square footage of the four efficiency dw~lllng units.
April 20~ 1978
Case NO: 78-07
Location: 6th- 7th on Second Street South
Applicatn: Hammerlund
Request:
Approval of a variance to permit the construction of an 8 foot fence
around his 6th Avenue yard.
STAFF FINDINGS:
1. The Hammerlund's business has grown up at its present location through an almost
continuous series of improvements, exceptions and expansions. The oldest and
principal building appears to have established the tone of the conglomerate -
it is too close to the front lot line, it has no landscaped front yard, it is too
close to the rear lot line, its FAR is too large and no parking is provided. The
addition to the west removed a deteriorating house, permitted expansion and greatly
improved loading facilities, but again it was too close to the rear lot line and
no parking is available. The purchase of the "red house" razing it, adding access,
some expansion and possible parking.
2. This land is zone I-1 Industrial -
Ordinance
10,000 sq. ft. minimum lot
150 foot lot width
125 foot lot depth
.6O FAR.
20 foot front yard
75 foot across from "R" District
20 foot side yard
40 foot rear yard abutting "R"
Parking off-street
Actual
Conforms
Conforms
Does not conform
Does not conform
Does not conform
Does not conform
Does not conform
Does not conform
3. The parcel of land from 7th to 6th between the alley and Second Street South has
generated hours of discussion as to its appropriate use. In nearly all consid-
erations the uses were thought to be mis-located. (Plumbing, woodworking, sheet
metal, iron works, car cleaning) However, due to the existance, investment,
uniqueness, the area was industrially zoned, the street improved, parking provided
with the exception of Hammerlund the businesses have contained themselves or moved
to more appropriate locations.
4. Across the street to the east and across the alley are developed residential areas
homes of citizens who assume the City will protect their neighborhood. The ordin-
ance states that the front yard in the I-1 district when across the right-of-way
from residential shall be 75 feet. 427.11 (7) (b) states that fence shall not be
constructed within the landscaped portion of the front yard. Thus, it appears
that no hardship or unusual condition exists to justify a variance to the ordinance.
9. Sidewalks or paths, either public or private have not been included on the
landscape plan. 40 new families, some 100 people, is sufficient to consider
how pedestrian movement will occur. The bus stop is on llth Avenue which
will cause people to wal~ along 7th Street.
10. Architectural style, color, material, etc. is an element which is to be con-
sidered under a Conditional Use Permit. No data was submitted but it does
appear that the proposal is for 8 look alike buildings.
MarcE 9, 1978
Location:
Request:
Southwest corner 7th Street & 9th Avenue South
Approval of Conditional Use Permit for a P.U.D. :for 8 - 4 plexs
STAFF COMMENTS
1. The property is zoned "R-2" residential, abutts Nine Mile Creek and
contains approximately 156,B00 sq. ft. The "R-2" zone permits 2-4 family
homes with a density of 3500 sq. ft. or in this request 40 x 3500 or
140,000 sq. ft. Thus, the density conforms with the ordinance.
2. The required front yard is 35 feet while all of the building as shown on
the plan are 25 feet which in turn would require a variance or an additional
10 feet of yard. The applicant did not provide a statement as to the hard-
ship justifying a variance. Soil tests have been taken but a copy of the
results indicating the effect on each building was not submitted.
3. 427.50(1)(d) establishes the distance between buildings when more than one
building is on a parcel and it states that said distance shall be % the sum
of the heights. The buildings are approximately 24 feet in height and the
distance between buildings is 30 feet which conforms.
4. The minimum square footage for a 2 bedroom unit is 720 square feet and the
proposed units are 768 square feet.
5. A large portion of the parcel is within the designated flood plain - five
of the eight buildings. Hopkins, DNRand the Nine Mile Watershed have
established a joint venture to establish and monitor the flood plain of
Nine Mile Creek. The flood plain designation was made a part of the zoning
ordinance based on the best information available at the time of passage and
the Zoning Ordinance prohibits the construction of homes in the flood plain.
Should the Watershed, based upon a specific study of this land, find that the
plan would not jeopardize the flow of water or, in precising the flood plain
line, the building locations are not affected, this particular issue could be
approved by Hopkins. Appropriate action might be to table the request pending
a report from the Watershed.
6. Utilities for new construction are required to be underground. No statement or
plan was submitted as to how this provision is to be complied with.
7. It is assumed that 4 parking spaces are to be ~rovided in the basement plus
at least 4 outside which is in conformance.
8. A landscape plan was submitted indicating where some 31 trees and 49 shrubs
are to be located. Along 7th Street, 466 feet, 7 trees are proposed on
approximately 66 foot centers· The typical street tree spacing is 40-45 feet,
it is suggested that at least one more tree be added to the 7th Street and
9th Avenue frontage. The treatment of Nine Mile Creek was not shown. It is
suggested that the banks be graded to a 3-1 slope and sodded with some plant-
ings to be included·
April 29, 1978
Case No: 78-09
Applicant: Curt Reinhold
Location: North 28 feet of Lot 4 and all of Lot 5, Block 1, Stevens Oakwood Park
addition also known as 228 Tyler Avenue North
Request:
That a variance to the platting procedures be granted permitting Lot 5
to be divided into a 60 foot parcel and. a 48 foot parcel.
STAFF FINDINGS:
1. Stevens Oakwood Park addition is an area which received special attention by the
Planning Commission at its March 28th meeting when an amendment to'-~the Zoning
Ordinance was recommended to the council that such lots may be divided into
widths of 54 feet provided each lot has 7100 square feet or more and is used as
a single family site.
2. The parcel in question is all of Lot 5 plus 28 feet of LOt 4 making a parcel 136
feet by 289.39 feet. The proposal is to divide lot 5 into .a 60 foot and 48 foot
wide parcels with the 48 feet to be combined with the 28 feet of lot 4. The re-
sults of this division would be a lot 75.98 feet wide by 289.30 feet and a lot
60 feet by 289.39.
3. The required side yard in the R-2 district is 10 feet for a one story house and
12 feet for a two story. The existing house on the 76 foot wide lot has a 12.7
foot side yard. The required front yard is 35 feet and the existing house has
29.7 feet however, the required right-of-way width is now 50 feet while Tyler
has 66 feet, thus if Tyler would be vacated to 50 foot right-of-way the extra
8 feet would produce a front yard of 37.7
4. Due to the proportions and design of Stevens Oakwood Park plat, it was the intent
of the Planning Commission in recommending the heretofore stated amendment to the
Zoning Ordinance to permit the division of the originally platted lots into four
single family use' lots of 7100 square feet or more. Lots for use as two family
home sites remain 12,000 square feet. The proposal appears to be in keeping with
this intent with one exception. If the block between Tyler and Van Buren is to
eventually have a public right-of-way along the rear lot line 50 feet in width
it is important to start. Thus, the dedication of 25 feet along the westerly
side at this time would solve the right-of-way responsibility of this land and at
such time as abutting lots extend the dedicated right-of-way the 74 feet and 60
feet wide parcels could be divided into two additional building sites. The 76
feet would require the garage removal.
CEi !FICATE'OF SURVEY.
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Case No: 78-15
Request:
Advance Packaging
Harrison Avenue and the Railroad
Variance to perm/t the addition of a 13,845 sq. ft., ~wo story warehouse
STAFF FINDINGS (J.W. Hawks, Planner)
1. This property includes Lots 14, 15, 16, 17, Block 18, and Lots 1, 2, 3, 4, Block 17,
West Minneapolis Center plus the vacated part of Harrison Avenue. The total area
measures 51,263 sq. ft. The land is zoned I-1 Industrial which permits a 60% land
coverage or 30,756 sq. ft. of building. The present building plus the addition will
be 27,698 or 54% coverage.
2. The off-street parking required for the warehouse and manufacturing is 47 and the
plan indicates 47.
A building of the size proposed is required to have one loading dock at least 10
feet wide and 55 feet in length. The plan indicates two loading docks. This parcel
of land has an unusual shape, thus the front yard was selected along Harrison facing
east. The 20 foot-yard can be provided as shown for % the distance but a variance
would be required on the other half to provide space for the trucks to enter and
leave. This is the only business in the area. Thus interference with traffic move-
ment would only be to Advance Packaging.
4. Lot 13 is not owned by Advance Packaging and is in effect ~llocated as parking for
J's Restaurant and Custom Pool which are under the same ownership as Lot 13. However,
to permit the parking as shown on the plan in front of the office it is necessary to
have an easement across Lot 13 to permit an exit to the alley and back to Harrison.
Such an easement has been submitted.
5. To add some complication to the request - the owners of the various businesses and
land have agreed to exchange parking spaces to make it more accessible to each business.
Thus, the request is to approve the plan as submitted and it is understood that if
parking becomes a problem in operating Advance Packaging the plan must be fulfilled.
However, th~ present exchange of spaces does work in the best interest of the three
businesses involved.
6. Custom Pools appears to find it difficult to conduct its business within the building
for each time I have inspected the site they have had construction material in their
parking lot.
6/22/78