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03-25-1986 (Official Publication) CITY OF HOPKINS Hennepin County, Minnesota J� NOTICE OF HEARING The Zoning and Planning Commission of the City of Hopkins will hold a hearing on Tuesday, March 25, 1986, at 7:30 p.m. , in the Council Chambers of the City Hall to consider an application by Oakwood Development Company for a subdivision approval at Smetana Road and Feltl Court in southwest Hopkins. If you have any interest in this matter, we ask that you please appear at this meeting. For further information contact James Kerrigan, Community Development Director, 935-8474, extension 140. �/ ;,� , � �`�-,',.�- �: �.�^ �. ;_,,- . � - �James D. Kerri,�jan Community Development Director To be published in the HOPKINS SAILOR, March 10, 1986. -� .-� A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, March 25, 1986, at 7:30 p.m. , in the Council Chambers o� the City Hall . Present were members Bourne, Brandon, Janke, Kirscht and Shirley. Also present were City Manager Rapp, City Engineer Strojan, Community Development Director Kerrigan and Community Development Analyst Anderson. In the absence of Chairman Folk, Mr. Kirscht chaired the meeting. Item: Mr. Janke moved and Mrs. Brandon seconded a motion that the minutes of the 2-5 February 25, 1986 meeting be approved and signed. Motion carried unanimously. Case No: Hearing to consider an application by Lawrence Flake of 302 Sweet Briar Lane UN86-4 for a rear yard setback variance for construction of a breezeway from house 6-42 to garage, continued from the February 25, 1986 meeting. Don Flake, son of Lawrence Flake, appeared before the Commission. He stated that his father was not aware that a variance would be necessary in the future when the breezeway would be constructed. He also stated that his father could not afford to construct the breezeway at the same time as the garage. The applicant had contacted many of the Commission members and answered their concerns. '� Action: Mrs. Brandon moved and Ms. Bourne seconded a motion recommending to the Council approval of the rear yard setback variance at 302 Sweet Briar Lane for construction of a breezeway with the following Findings of Fact: 1. A unique circumstance is present due to the two large trees. 2. A hardship exists due to the pie shaped lot. Motion carried unanimously. Case No: Hearing on an application by Oakwood Development Company to consider a sub- SUBD86-2 division approval of the property north of Smetana Road and west of Feltl 45-106 Court. Mr. Orlyn Miller appeared before the Commission representing Oakwood Develop- ment Company. Mr. Miller stated to the Commission that this subdivision was mandated by the HUD requirements for financing. The Commission expressed a concern about having two emergency access points for each parcel . The appli- cant stated he will work with the Fire Marshal and provide what access points would be required. Action: Mr. Janke moved and Mrs. Brandon seconded a motion recommending to the Council approval of the preliminary plat with the following conditions : 1. A favorable outcome of the Environmental Assessment Worksheet " 2. Securing a driveway easement 3. The parcels having two, or as required by the Fire Marshal , access points for emergency vehicles 4. The necessary easements are recorded. and based on the following Findings of Fact: l. The subdivision conforms with the requirements of an R-6 District. 2. A Conditional Use Permit was granted for construction of a 324 unit apart- ment complex. 3. No variances are required. Motion carried unanimously. Case No: Consideration of an application by Gary L. Capone for a Concept Review to CR86-3 rezone the two lots immediately south of the East-West alley fronting on the 107-317 East side of Harrison Avenue South from R-1-A to B-3 to allow construction of a storage building to be used in conjunction with the business at 703 East Excelsior Avenue. Mr. Gary Capone reviewed the proposed plans with the Commission stating that he needed the building for storage and he wanted to clean up the area behind the present business. He provided the Commission with a list of property owners that were in agreement with the proposed plans. Zoning and Planning Commission meeting minutes of March 25, 1986 continued. -- The Cor�nission stated concern with the rezoning intruding into the residential area and other businesses doing the same in the future. The Commission asked the applicant to work with staff to resolve the problems. Item: Mr. David F. Johnson appealing staff decision regarding intensifying a non- 320-429 conforming use at 5th Avenue and Mainstreet. Mr. Johnson appeared before the Commission asking what he would have to do to the present structure to bring it into conformance with the zoning requirements. The present operation is for 900 square feet of retail , 220 square feet for office and 2080 square feet for storage. The retail operation intensifies the non-conforming use of the property. The Commission requested the applicant to work with staff to see what could be done to bring the property into confor- mance. Action: P�r Shirley moved and Mrs. Brandon seconded a motion that the action of the staff be sustained. Motion carried unanimously. Item: Consideration of a moratorium on subdivision in R-1-D Districts. 431-830 — Mr. Jack Guldberg, Bellgrove Association President, appeared before the Commission asking their support in a maratorium stating the property owners of Bellgrove and the Knollwood area are requesting such consideration. He stated that 94% of the Bellgrove residents support such action. They feel a need to protect the area from lot divisions and stated that the original Bellgrove covenants were for one acre lots. The Commission asked what affect this would have on the request which had been presented previously at 1 Loring Road. Staff stated that there was no written statement from the City Attorney but he had stated that the request of Mr. Marvel Eggum would be grandfathered in. It was also brought out that other areas would be involved in the moratorium such as the Drillane area and Hobby Acres which had no notification of the request. The Commission also brought out the fact that the economy is the best for construction purposes than it has been for years and some people might be penalized by such action. Action: Mr. Shirley moved to recor�nend to the Council approval of a moratorium on subdivisions in R-1-D districts. Motion died for lack of a second. Mrs. Brandon moved and Ms. Bourne seconded a motion that the request be continued to the April 29, 1986 meeting to have the City Attorney report " in writing on Mr. Eggums request being grandfathered in, to have staff re- search the impact on the areas, and the need of a full commission views on such an important issue. Motion carried. Mr. Shirley voting nay. Item: Mr. Kerrigan reviewed with the Commission proposed plans for the Harriman block and the block on Mainstreet between 9th and lOth Avenues. Ms. Bourne asked staff to provide the Commission with a count of the multiple units south of Mainstreet. Action: Mrs. Brandon moved and Ms. Bourne seconded a motion that the meeting be adjourned. Motion carried. 1 ME ERS: j - � ��T �% � � ��r�t2�-� -�"7 � � ��'L '.��,i � ATTE : , . David Kirsc t, Chair Pro-tem