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CUP 87-27 ^ CITY OF HOPKINS Application for: Amendment of Zoning Ordinance Date: 10/2/87 Concept Review � Condi ti onal Use Permi t _� Case No: ���//' �',/- '-�' / Subdivision Approval �>_ Variance � Fee: 7-`� - Waiver of Platting Requirements Ddte Pd7d: /n - '' - � 7 1. Street Location of Property: 630 11TH Avenue South 2. Legal Description of Property: Lots 6 & 7, Block 57, West Minneapolis 3. Owner: Name Dale B. Feste Address14014 Windsor Rd Phone938-1932 Mtka, MN 55345 - _ ; , _ 4. Applicants Name:1 same� Address ' Phone - 5. DeSCription of Request: Site plan approval as required for building permit / construction and variance to side yard building setback. a nd front yard bldg. setback. � Zoning District Use 6. Present Proposed 7. Present Proposed I - 1 same vacant Auto service 8. Reason for Request 9. What error, if any, in the existing Ordinance would be corrected by the proposed amendment? (for Zoning Ordinance amendment only) 10. If request is for a variance, what hardship would justify approval (see 427.04(108) of the Zoning Ordinance). Lot size and physical space requirements of tvpe of business. 11. Exhibits submitted: �4ap or plat showing the lands proposed to be changed Othel^ Site plan/ Floor plan/ Pre�iminarv Elevations "-' t2. Acknowledgement and Signature: The undersigned hereby represents upon all of the pen- alties of law, for the purpose of inducing the City of Hopkins to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Hopkins and the laws of the State of Minnesota. � � Signature of Applicant. r Si gnature of Owner: ___ _ �'��" " , RECORD OF ACTION TAKEN BY PLANNING & ZONING COMMISSION � Application for: Conditional Use Permit Case No: CUP87-27 On the 24 day of November 19 87 , the action requested in the foregoing petition was approved disapprove�) subject to the following conditions : 1. That an easement for maintenance between both property owners be obtained 2. That the building be sprinkled CITY COUNCIL ACTION Approved X Denied by•the Council this lst �ay of December 19 87 . Resolution No: 87-104 Special Conditions: 1. That an easement for r�aintenance between both property owners be obtained and filed with the City 2. That the building be sprinkled. �-' � /�--4- - � James D. rrigan Planning & Economic Development Director If you have any further questions as relates to this matter, please call Nancy Anderson, 935-8474, extension 146. Note: A Conditional Use Permit shall expire one year after it has been issued �,�, unless the use for which the permit has been granted is in effect, except that, upon written application of the owner of the effected land for which the permit was granted prior to the end of said year may request and the Council may grant an extension not to exceed one year. �--� CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION N0: 87-104 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT CUP87-27 WHEREAS , an application for a Conditional Use Permit CUP87-27 has been made by Dale Feste , 630 11th Avenue South , to construct an auto repair facility. WHEREAS , the procedural history of the application is as follows : 1 . That an application for Conditional Use Permit CUP87-27 was filed with the City of Hopkins on October 3 , 1987 . 2 . That the Hopkins Planning Commission reviewed such application on October 27 , 1987 . 3 . That the Hopkins Planning Commission , pursuant to published and mailed notices , held a public hearing on October 27 , 1987 ; 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 eonsidered . NOW THEREFORE BE IT RESOLVED , that the Hopkins City Council makes the following Findings of Fact in respect to CUP87-27 : 1 . That an auto repair facility is a permitted use in an I-1 Distriet . 2 . That the proposed plan with ehanges will meet the requirements for an I-1 District . 3 . That the proposed plan meets the requirements for a Conditional Use Permit . BE IT FURTHER RESOLVED , that application for CUP87-27 is hereby approved subjeet to the following conditions: 1 . That an easement for maintenance between both property owners be obtained and filed with the City. 2 . That the building be sprinkled . Adopted this 2 day of December , 1987 • Donald Milbert , Mayor � � November 25 : 1987 Council Report: 87-252 CONDITIONAL USE PERMIT - DALE FESTE 630 - 11th Avenue South PURPOSE: To review and recommend action on an application for a Conditional Use Permit to construct an auto repair facility. BACKGROUND: See staff report to Zoning and Planning Commission. Mr. Feste and his architect , Steve Fechtel , appeared before the Commission . This item was continued from last month so an opinion could be obtained from the City Attorney regarding the ability of the applicant to build to the side lot line. The City AttorneyTs opinion stated that Mr. Feste can build his building to the lot line on the north. The proposed building will not require any varianees . The applicant did meet with the abutting property owner on the north. The abutting property owner has no ob�ection to the proposed building. The staff would recommend upgrading of the alley between 11th and 12th Avenues South from Sixth to Seventh Street � South. Currently it has dirt surface and should be upgraded to serve the adjacent businesses. RECOMMENDATION: The Zoning and Planning Commission approved the Conditional Use Permit unanimously. The following are the Findings of Fact and Conditions: 1 . That an auto repair facility is a permitted use in an I-1 distriet. 2 . That the proposed plan with changes will meet the requirements for an 2-1 District . 3 • That the proposed plan meets the requirements for a Conditional Use Permit. Conditions: 1 . That an easement for maintenance between both property owners be obtained , and filed with the City. 2 . That the building be sprinkled . Respectfully submitted , �(� � G�� ^ Nancy S. nderson Community Development Analyst CDCR52 —� . • Plannin� Commission Report CONDITIONAL USE PERMIT - AUTO REPAIR PLANNING COMMISSION REPORT N0: CUP87-27 OCTOBER 20 , 1987 PURPOSE: To review and recommend action on an application for a Conditional Use Permit to construct a building for auto repair. BACKGROUND• Name of Applicant: Dale Feste Address of Property: 630 11th Avenue South Present Zoning: I-1 Nature of Request : Ordinanee requires a Conditional Use Permit for construction of $75 ,000 and for a sign with a lesser setbaek. —� Reason for Request: To construct an auto repair facility. The applicant is proposing to construct a five bay auto service facility. The applicant currently has a facility at 18th Avenue North & Mainstreet. This site will remain . The applicant is also requesting front and side yard setback variances . An auto repair facility is a permitted use in an I-1 district . The following is a list comparing the I-1 requirements to the proposed site plan: I-1 Proposed Lot Size 10 ,000 sq. ft . 13 ,000 sq. ft . Lot Width 100 ft . 100 ft . Lot Depth 100 ft. 130 ft . Front Setback 20 ft . 14 ft . Sideyard ( N) 20 ft . 10 ft . (S) 20 ft . 20 ft . Rear yard 12 ft . 20 ft . FAR .60 .28 -� Parking 14 (new Ord . ) 15 Parking will be to the southern part of the site. No. 2 --� ANALYSIS: The building will be oriented with the garage doors facing south and the office area facing 11th Avenue . The office area is two stories . The building will have an office look from 11th Avenue . The office section will have an exterior of pre- finished metal , brick veneer, and insulated windows with pre-finished aluminum frame . The garage area will have an exterior of painted decorative concrete block . A pre-finished metal strip will continue above all the overhead doors . The applicant was undecided about the color for the metal strip . The brick used will compliment the existing surrounding buildings . The Director of Engineering has revieWed the plans and Found them acceptable . The site will have surface drainage . The site is near the flood plain to the north. The Fire Marshal has reviewed the plans and found them acceptable . He noted that the building will have to be sprinkled . The site is surrounded by an empty lot to the south , "� industrial building to the north and west , and Nine Mile Creek to the east . The proposed sign is in the front yard setback . The applicant as part of this Conditional Use Permit is requesting to have the sign one foot from the property line . The staff has reviewed this request and recommends approval of the one foot setback . The applicant feels that the sign should be placed here because more of the buildings in the area are not setback 20 feet . Access to the site will be from 11th Avenue . There is an alley behind the site which can be used for access . This alley is not improved and dead-ends north of the site . The site will be landscaped with a variety of plantings . The site is required to have 9 plantings . The site plan shows more than the required amount . The trash container is located to the rear of the site . Access will be from the alley. � The ordinance allows a zero setback for a side yard if the abutting owner of the building agrees . The 3 ---� applicant is contacting the property owner to the north . The existing building to the north is on the property line . The applicant has tried to make his building more appealing by orienting the service area to the rear of the lot . The building will have an "office look" from 11th Avenue . The applicant does not have the required hardship for the building to be constructed as proposed . The building could be reduced in size and still have a workable building. The staff has met with the applicant and advised him that the variances would not receive staff recommendations for approval . The applicant has proposed to move the building to the property line on the north. The ordinance allows a zero setback in an industrial district for a side yard if both property owners agree . The applicant Would not need any variance and still give him enough workable area . ALTERNATIVES• 1 . Approve the plan as submitted. With this alternative the Commission Would then be " granting the two variances . 2 . Continue and have the applicant provide a new site plan with a zero northerly sideyard setback and a 20 foot front yard . 3 . Deny the Conditional Use Permit . The applicant could apply again with a new site plan. 4 . Approve subject to the applicant moving the building north 10 feet and remove the small addition in the front . No variances would be granted . RECOMMENDATION: I recommend Alternative No . 4 . The following are suggested Findings of Faet and Conditions should the Commission recommend approval : 1 . That an auto repair facility is a permitted use in an I-1 District . 2 . That the proposed plan with changes will meet the requirements for an I-1 District . � 3 . That the proposed plan meets the requirements for a Conditional Use Permit . Respectfully submitted, -7�� �b a�.�o� Nancy S�Anderson Community Development Analyst