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04-30-1963 A regular me�tin� of the 7oning and Planning Co:�rnnission of the �ity of Hopkins was held in the Council Chamhers of the City Hall on Tuesday April 30, 1963, at 7:30 p.m. o�clo�k. Prese:nt ware �hairman Sundby, members Mayor Milbert, Councilman Else, Gustafson, Stannard and M,�lecha, the �ity Manager, Brubacher, the City Engineer, Strojan, the City Building Inspector, Blomquist, and the City Pl�nner, Hawks. Case No. 63-7-Rezoning fro� Single-Residence to "C-2" and for a Spe�ial Use Permit. ` Applicant: Standard Oil - - Mr. L. J. Mason. Subject: Hearing pablished March 28, 19b3 un a request for rezoning the following described lands w?iich are now in Single Reside�ce be rezoned to Co��nercial -2- Zone of the City of Ho�kins, Hennepin County, Minnesota and to approve the request for a Sp�cial Use Permit for the prop�sed construction of a Gasoline filling station: From Single-Residence to Co:iunercial -2- Zone all that part of Lot nu.nber Seventy-Seven (77) , Auditor�s Subdivision Number 239, Hennepin County, Minnesota, describe� as follo�s: Co-mne��cing at a point in the �e�ter line of Excelsior Boulevard Thirty and O:ze-Aun3redths (30.01) fe�t West, measured along the center line fro� the point of intersection of said center line with the East line of Lot Seventy-Seven (77) , exten3ed; then�e South along a line parallel with t'ne 3istance Thirty (30) feet West of the East lin� of said Lot Seventy-Seven (77) , a distance of One Hundred Tweaty-Seven (127) fe�t; the�ce West along a line parallel with the South line of said Lot Seventy-Seven (77) a distance of One Hun3red (100) feet to the point of beginning of the tract to be describe3; thence North alozg a line parallel with the East line of said Lot Se�venty-Seven (77) to the North line of said Lot Seventy-Seven (77) ; thence Westerly along the North line of Lot Seventy-Seven (77) to the Northwest corner thereof; thence South along the West line of s.�id Lot to a point Fo.rty-five (45) feet North of the �- Southw�ast corner of said Lot; thence E.�st parallel with the Soath line of said Lot One Hun3red rhirty-Three (133) feet; thence �orth p.�rallel with s.aid �est line of said Lot to the intersection with a line drawn. fro� tne actual p�int of beginning parallel with the South line of said Lot; thence East in a straight line to the actual point of beginning, subje�t to rights acquired by the City of Hopkins for street psrp�ses in Doc. No. 529320, Files of Registrar of Titles. Request: To rezo�e from Single Reside�ce to Commercial -2-, and for a Special Use Permit for a gasoline filling station �nd adjustment of side yards. Action: Mr. Stannard moved and Mr. Malecha se�on3e3 the motion that reco-imendation be made to the �ity Council to deny the requast to rezone the �bove described prop�rty from Single Residezce to Co-n,nercial -2- due to the objections of Mr. Donald Bush, Attorney representing the Property oaner lying East on 4shley Ro.�d and als� because it is the feeling of the Co-�nission that such r�zoning should not be 3one on a pieceneal basis." The notion carried. Mr. Gustafson, Mr. Stann.�rd and Mr. Malecha voting for t'ne motion. Mr. Else an3 May�r �ilbert voting against the �otion. The chairman not voting. Case No. 63-20-Special Use Permit. �" Ap�licant: M��bil Oil Co�npany. Subject: Hearing pablished �p.ril 18, 1963, on a request for a Special Use Permit on the proposed construction of a car clinic in the In3ustrial z;�ne at the Northeast corner of Excelsior and Monk Avenues or on the follo-aing describe3 p.re�nises situate3 in Hopkins, Hennepin County, Minnesota, viz: Lot 76, Auditor's Sub3ivision ��239: Starting at the point of intersection of the North line of Excelsior Avenue an3 the East line of Monk .Avenue; t�ence Northerly 30� feet along the East line of Mon'�. Ave��.u��; thence at 90 deorees to a point 300 feet in an Easterly direction; thence at 90 3egrees in � Southerly direction to a point of intersection °aith the North line of Excelsior Ave_nue, a distance of 276.75 feet, more or less; thence in a `�lesterly direction along the North line of Excelsior Avenu� to a point of beginning a distance of 300.0 feet, more or less - - subject to road;aay ease�nents. Request: The issuance of a Sp•�cial Use Permit. Action: Mayor Milbert moved and Mr. Gustafson seconde3 the mution that reco�nmen3ations of approval be made to the �ity Coancil for the issuance of a Sp�cial Use Permit with the folloaing provisions: providing for two cu.rbs cuts on � the East line of Excelsior Ave_-�ue and the North line of Monk .Avenue, the first cu�cut to be back 115 feet froai the East line on �Ionk .Avenue; and providing Mobil Oil meet and ��ork out a satisfactory land arran,e.nent wi+�h the Hennepin �oanty Enoinesrs relative to the up-grading af the intersection of Cou.nty Roads ��3 and ��20 un the above desc.ribed p.re,nises situate3 in Hopkins, Hennepin County, Minnesota. The �motion carried. The �pril 30, 1963 Zo�ing and Pl�nning Co:mnission _m���ting minutes continued. at 6r+1 to 647, 13th 4ve:nue Soath o.r Lots 13, 14, Blo�k 56, West �inneapolis. Request: A Sp,�cial Use Permit. Action: Ma�or Milbert move3 and Mr. Gustafson seconded the motion that Resolutio�, �- ��147, "� RESOLUTIOv ORD�RING A HEARING FOR THE ISSUANCE OF A SP�CIA.L USE PE��T O:V THE PiZOPOSE� CONSTRUCTI011 OF STRUCTURES IN AN INDTJSTRIAL ZOiVE" at 641 to 647, 13th Ave:-�ue South or on Lots 13, 14, 15, 16, 17 and 18, Block 55, West Minneapolis with tne provisions that all buildings plans be �.pprove3 by the Reside:�t Pl�nner, Mr. Hawks and our Building Insp�ctor Mr. Blomquist before s.aid building be started be ap�rov2d. The �notion carried. C.�.se No. 63-17-V Applicant: Midwestern Pro�erties. Su�ject: An ap�lication to divide Lot 1, Block 2, Broaers Addition into two building sites. Adjustment of require3 lot size fro-n the required •�aidtn of 100 feet to .approximately 64 feet x 132.0 feet and 78.3 feet x 132.0 fe�t. Request: An application to subdivide a lot for the p.roposed constructions of two single family d�wellings on Lot 1, Blo�k 2, Browers Addition. Ac=ion: Mr. Else �,nove3 an3 _Kayor Milbert seconde3 the motion that R solution "14$ A BESOLUTTON O�ZD�.ftING A HEARINr FOR TrIE SUBDIVIDING OF LOT �, BLOCK 2, B1tOWERS AnDITION INTO TWO LOTS; ONE LOT TO BE 78.3 FEE'r X 132.0 FEET, THE S�COVD LOT TO BE 64.0 FEE'P BY 132.0 FEE'r", be approve3. The motion carried. Case No. 63-24-Sp�cial Use Permit. Applicant: Mr. Ralph Rutle3ge. Su'�ejct: An ap�lication for a Special Use Permit to build an Industrial building in an Industrial Zone for a prop�sed 5uilding that will be use3 for a berry box Manufacturing Co:npsny. The lo�ation, 610 - 14th Ave�zue Soatn or Lot 1 an3 2, L. P. Cre�ier�s 2nd. Addition." Request: A Special Us� Permit to construct a propose3 Industrial building in an Industrial Zone. Action: Mr. Gustafson moved and Mr. St�.nnard seconde3 tne motion that Resolution ��149 "A RESOLUTION OZD�RING A HEARING FOR THE ISSUANCE OF A SPECIAL USE PERMIT OV THE Pi�OPOSED �ONSTKUCTIOV OF AN INDUSTRIA.L BUILDIN� IN A_N IND'JSTt2IA.L Z�J:VE, or on Lots 1 and 2, L. P. Crevier�s 2nd. Addition, or 610 - 14tn Avenue South, said hearing to be '�eard on May 28th, 1963, the �o�nission next meeting be approve3. The ;notion carried. Case �to. 63-26-Z Ap�licant: Dr. Olson .�nd Mr. Steve Sag:niller. Subje�t: An !�pplication for rez�:�ing that part of Lot 71, Auditoris Sub3ivision �'" ��239, Se�tion 19, Toanship 117, Range 21 lying East and Southerly of Auditor�s Subd. ��3h3 �eitio�. 19, To,anship 117, Ranoe 21, Lot 72 Au3itorts Subdivision �k239 Section 19, To-,rzship 117, Range 21 and Lot 73, Auditorts Su'�division 239 Seution 19, To�anship 117, Range 21, He:�nepin �oanty, Minnes�ta from Double Residence District to Multiple Residence �istrict. Request: To rezone the above d��scribed proparty from Double to �Iultple Residence District Actio:�: Mr. Gustafson ,-noved and :Kayor Milbert se�onde�t the mution that Res��lution, ��150, "A RES�JLTJTIO� OZD�RIN�:� A HEARING FOR RE'�OVING FR�JM �O7JBLE RFSIDE�V��E TO �fiJLTIPLF R;SIDEVCE F02 THE PR�POSED �O�ISTRUCTION OF MUI�TIPLE -RESIDE?VCE BUILDINGS" that part of Lot 71 Auditor�s Subdivision �k239, Se�t:ion 19, Towas'zip 117, R�.z�ge 21 lyino E�.st �nd Soatherly of Auditor�s Su'�division ��353, Sectio 19, Tow�zship 117, Ran;e 21, and Lots 72a �.31.�3 of Auditor�s Subdivision ��239, Section 19, Toanship 117, Range 21 ,�He�znepin Cou�zty, Min��.es��ta, be ap�rove3. The .notion carrie3. Case �10. 63-25-Subdivision. Applicant: Mr. Evarett Garrison � Subject: The subdivisio�. of land lying in that part of the Street Car right-of-way and part of West Min�eapolis Heights. Re.�uest: Approve the Subdivision. The _4pri1 30, 19b3 Zo�ing an3 Planning Co;rnnission meeting �inutes continu�d. Case No. 62-47-Proposed Subdivision. Ap�licant: Oscar Turngrea and 'Jernon J. Blatzheim. Su�ject: Referred from the City Cou�cil to be studied by the Zo�ing and Planning Coaunission for the propose3 sub3ivision of the folloaing describe3 property; �.- Lots 13, 14 and 15, Blo�k 2, Stevens Oakwo�d Park. Req•aest: Approve the propose subdivison. Action: Mayor Milbert move3 and �r. Stannard secon3e3 the motuon that Mr. Turngren�s propose3 sub3ivision of the folloaing describe3 property: Lots 13, 14 and 15, Block 2, Ste�e��s Oakwood Park, be continue3 until the next or i�l,�y 28th, 1963 Zoning and Planning Co�mnission du� the fact that twu of the lots in the proposed plat plan are n�t the required size for this area, therefore the pruposed plat plan in its present form should not be approved; that ylr. Ha�aks meet witn Mr. Turngren an3 work out a more suitable plan for the sub3ivision of his a�_zd Mr. Blatzheim's property. The �otion carried. Case �10. 63-23-Special llse Permit. Applicant: Ed. Finke - - 23 Harrison Ave��.ue North. Subject: An Application for a Sp�cial use Pennit to build an Industrial building in an Industrial zone on the following d��scribed property: Lots 14, 15, 16 and 17 except the �lorthwest 15 feat of Block 18, West Minneapolis Center. Request: A Sp�cial Use Permit. `� Action: Mr. Malecha move3 and Mr. Stannard seconde3 the motion that a Resolution, RESOLUTION ��151 O�D�RING A H�ARI[�G FOR TtIE ISSUANCE OF A SP�CIAL USE PE�RMIT O�I i'HE PiZOPOSED CO�TSTRUCTIOV OF AN IND�JSTRIAL BUILDING IN AN IND�JSTRIAI� ZONE", or on Lots 14, 15, 16 snd 17 e�cept the �lorthwest 15 fe�t of Block 18, West Minneapolis Ce�ter, be approved. The _notion carried. Cas� �10. 63-16-Rezone and adjust side yards. Ap�licant: Ho-aard :Vickodyn Subject: An ap�lication for the rezoning fro-n Single Residence to "C-2" and for adjustment of side yards for the proposed construction of an Conane�cial building on the following propsrty: That part of the East-West alley in Block Nineteen (19) , West Minneapolis, Hennepin Coanty, Min�esota, lying Westerly of the Nor�herly extes-�sion of the �asterly line �f Lot Thirty-two (32) in said Block. Request: Rezone fro:n Single Residence to Co�mnercial -2- and for side yard adjustments. Action: Mayor Milbert moved and tilr. Gustafson secon3e3 the motion that Resolutio:� ��145 "A RESOLUTION OZDLRING A HEA.RING FOR RE7.0�1ING OF CE�2TAIN PEOPERTY FR0�1 SINGLE RESIDE?VCE 'TO CO.tiMii �',RCIAL -2-", or tlzat part of the East-West alley in ,� Block Ninetez_� (19) , West Minn�apolis, He�znepin �oanty, Minnesota, lying Westerly of the Northerly exte_nsion of the Easterly line �f I.ot Thirty-two (32) in s.�id Block. Ssid hearing to be '�eard at the Sp�cial meeting of the Zoning and Planning �o,n,nission on '�fay 14, 1963, at 7:30 p.m. o�clock in the Council Cham'�ers of the City Hall, be ap�roved. The .notion carrie�l. Case '�o. 63-22-Special Use Permit. Applicant: Stephens Buick. Su'�ject: Application to construct a pole typ� sign or structu.re 48 fezt high x 4 feat x 12 feet wide at 909, 915 and 925 East Excelsior Avenue or that p�rt of Lot 6 lying Northeasterly of a line run_zino from a point 30 fe2t East of the Southwast corner in the South line of said Lot to tne �Iorthwest corner thereof and Lots 7 to 12 inclusive in Block 9, Anderson�s First Addition to St. Louis Paric and Lots 87, 83 and �9 in Auditor°s Subdivision No. 239. Request: A Sp��cial Use Permit. Action: Mayor Milbert moved and Mr. Stannard se�on3e3 the :notion that Resolution, �k145 "A RESOLUTION O�ZD��RING A HE_4RING FOR THE ISSUANCE OF A SPr',CIAL USE PE�tMIT FOR THE PROPOSED C0:ISTRUCTION OF A ST�2UCTURE IN AN INDUST�ZIAL ZO�TE" of a p��le type signe 48 feet high x 4 feet x 12 feat wide at 909 E•�.st `. Excelsor Ave.�.ue, or on the �bove 3escribe3 property,be app.rove3. Thv :motion c�.rried. Case No. 63-15-Special Use Permit. Applicant; Hopkins, Co:�tractors: Subject: Ap�lication to construct a proposed Industrial buildinb in an Industrial zone AMENDME NTS OF MINUTES of APRIL 12, 1963 Case No. 63-1-V and 63-2-V. Applicants: R. Souba and D. Revier Subject: Permit to-build residences on two 40 foot lots pursuant to hardship. � Mr. Mitbert brought to the attention of the Commission an opinion from the City Attorney dated April 17, 1963 in which the attorney ruled that the buitding inspector should not issue building permits to Souba o� Revier because proper action had not been taken by the Zoning and Planning Commission to find a hardship. UPon a reading of the opinion it appeared that the City Attorney was ndF appraised or told of any action taken by the Commission at its specia� meetinq of March t2, 1963 and it further appeared upon an examination of the minutes of the meeting of March 12, 1963 that there was an omission in such minutes as to any such action. It was pointed out that at the meeting of March 12, 1y63 a showing had been made by the applicants as to a hardship which would result if permits were not allowed for Lots 24 and 25, Block 8, West Min- neapolis Third Division such showing being to the effect that; I . West Minneapolis Third Division is an old plat in which most, if not a11 , of the lots were 40 feet in width. �- 2. A great many homes in this area existed on 40 foot lots. 3. Both Souba a� d Revier had attempted to purchase additional footaoe from the adjoining lots without success. 4. A dwelling exists on one of the 40-foot Iots which Jwelling was built long prior to 1950 ard prior to any Zoning Ordinance of the C i ty of Hopk ins wi th the i dea then that the second 40-foot Iot would be available for building, thus irnpo�;ing a hardship now, It was further �pointed out that at said meeting of March 12, 1963 a motion had been made by Mr. Else and seconded by Mr. G ustefson that the previous action of the Zoning and Planning C armission which denied the app� ications be reconsidered and upon vote, said reconsideration having carried, it was then moved by Mr. Else and seconded by Mr. Gustafson that the Zoning and Planning Commissiin recommend to fie City Council that the applications of R. Souba and D. Revier to buildi�g two single residences, one on Lot 24 and the other on Lot 25, Block 8, West Minneapolis Third �= Division be approved, which motion carried. It was a�so pointed out that none of these actions had aPpeared in the minutes of March 12, 1963 and it was therefore moved, seconded and carried that the minutes of March 12, 1963 be amended by adding thereto the above actions and motions with respect to Lots 24 and 25, Block 8, West Minneapolis Third Division. � � . �` The April 30, 1963 Zoning and Planning Co�nission ,neeting minutes continued. Action: Mayor Milbart �oved snd Mr. Else seconded the motion that the request of Mr. Everett Garrison for the Subdivision of the land lying in that p�rt of the Street Car right-of-way an,3 p.�rt of West �in�eapolis Heights be approved. `. The _notion carried. A.�LEND:�NTS OF MINUTES of April ��, 1963. Case :�o. 63-1-V and 63-2-V. Applicant: '�� Soaba and D. Revier Subject: Permit to baild residences on twu 40 foot lots pursuant to hardship. Mr. Milbert brought to the attention of the Connnissioz an opinion from the City !�ttorney d�ted .April 17, 1953 in which the attorney rule3 that the building inspactor should not issue building p�rmits to Soaba or Revier be- cause proper action had not bee�. taken by the Zoning and Planning Co�mnission to find �. hardship. Upon a reading of the opinion it �ppeared that the City Attorney w,�s not appraised or told of any action taken by the Coxunission at its sp�cial meet- ing of March 12, 1963 and it further appeare3 upon an e�a�:nination of tne minutes of the meeting of M.�rc;� 12, 19b3 that there w.�s an o�nission is su�h minutes as to any such action. It was pointe3 out th�t at the _neeting of March 12, 1963 a showing had been `- made by the applicants as to a '�ardship ahicn would result if permits were not allowe3 for Lots 24 an3 25, Block 8, West Minneapolis Third Division such sho�inb being the effe�t that: 1. West Minneapolis Third Division is an old plat in which most, if not all, of the lots �aere 40 fe�t in �aidth. 2. A great many homes in this area existed on 40 foot lots. 3. Both Sou'aa an3 Revier had atte;npted to purchasp additio:�al footage from the a3joining lots without su�cess. 4. A dwelling exists on on� of the 40 foot lots ;ahich d��elling w:�s built long prior to 1950 and p.rior to any Zoning Or3in�nce of the City of Hop'_cins with the idea then that the second 40 foot lot would be available for building, this imposing a hardship now. It was further pointe3 out that at said �neeting of March 12, 1963 a notion had been nade by Mr. Else and se�onded by Mr. Gustafson that the previous action of the Zoning and Planning Co��unission �ahich d�nied the ap�lications ^�'" be re�onsidered and up�n vote, said reconsideration having carried, it was then inove3 by Mr. Else and Secon3ed by Mr. Gustafson tha.� the Zo:-�in� an3 Planning Co:iunissio�-� recommend to the City Council that the applications of R. Souba and D. Revier to build two sin�le residences, one on Lot 24 and the other on Lot 25, Blo�k 8, West �Iinn2apolis Third Division be approved, which motion carried. It was also pointed out that nunz of these actions had ap�eared in the minutes of Marciz 12, 19b3 and it w:�s therefore .nove, seconded and carried thst the Minutes of Marcn 12, 1953 be amended by a3din� thereto the abo��e actions and motion with respsct to Lots 24 and 25, Blo�k 8, West Minnea�polis Third Division. Mr. C. R, Petsrson, Secretary of the Connni s s ion M�MBERS: � ATTEST: Howard �:�. Sun.3by, Chairman �