CUP 87-22 � - -
� CITY OF HOPKINS
Application for: Amendment of Zoning Ordinance Date: ; - _�.'� - ' -
Concept Review ��
Condi ti onal Use Permi t x Case No: � � - -J-.
Subdivision Approval
Variance Fee: %'- "
�, -
Waiver of Platting Requirements
Date Paid: �-,�i- "7
1. Street Locati on of Property: �'��,�,..�s �J' �-,��,.�1%s-- .�` :�`;r S�
2. Legal Description of Property:
3. Owner: Name ��s��^�e�{vsn�J Address ;�1�� � �,.,r .�Phone 5'� ��, �
� LC���✓ rS/ �I"r-r/i S rs. /'��/�/�S
4. Applicants Name: /�i�,��c�s ���c lv A�dress �s��, so ��� Phone .,5--y�--��//
5. Description of Request:�'� ,,���if��,� ,�/ /�s e �� „�, 1` f�,� ,¢,�, /7���>��n
�� G'�
Zoning District Use
6. Present Proposed 7. Present Proposed
T � � _ _. _
8. Reason for Reques t �i��,,¢,�c� ��� � �Pi c r s� �o<��T�/ ,�S e ��f�-7'
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).
11. Exhibits submitted:
P�ap or plat showing the lands proposed to be changed
Other -
� 12. 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:
Sianature of Owner: ���� i'`/ � ,� �!���
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RECORD OF ACTION TAKEN BY PLANNING & ZONING COMMISSION
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Application for: Conditional Use Permit - Impound Lot Case No: CUP87-22
On the day of 19 , the action requested in the foregoing
petition was approved disapproved�—) subject to the following conditions :
Tie vote at Zoning & Planning: Request forwarded to Council with no recommendation
or Findings of Fact.
CITY COUNCIL ACTION
Approved X Denied by the Council this 15 day of September 19 87 .
Resolution No: 87-89
Special Conditions: See attached
1 . A completely opaque fence with a minimum of 8
feet ia hsight be bullt on the north, east and ��
West sides of the site or the fence may be on
top oP a berm with a total height of at least 8
feet.
2. Public driving surfaces �ill be paved, the
balance of t6e area being a dust free suria�a.
3. All bulldings on the slte comply xith the
Building Code.
4. The 50 foot front yard aetback is landscaped in
acoordance xith a plan acceptable to the
Commission and staff.
5. All cars on the site are retained no longer
than 120 days. Records of impounded and stored
vehicles must be turned in to the City every 30
days, and damaged cars are "out of sight" (i.e. �
the least visible spot) .
6. There is no dismantling of cars or sale of �
parts on tne site. ( James 0. K rrigan
ing & Economic Development Director
7. No parking of impounded cars on Second Street
N.E. or outside the fenced area.
8. Review of operation every 6 months by the
co�n�il. to this matter, please call
9• A 50 foot front yard setback is requlred by
ordinance.
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.
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RESOLUTION N0: 87-89
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION MAKING FINDINGS OF FACT AND APPROUIING
CONDITIONAL USE PERMZT CUP87-22
WHEREAS, an application for a Conditional Use
Permit entitled CUP87-22 has been made by Dick Hughes Inc.
Towing & Starting, for an impound lot at approximately 900
Second Street N.E.
WHEREAS, the procedural history of the application
is as follows:
1 . That an application for Conditional Use Permit
CUP87-23 was filed with the City of Hopkins on
JulY 31 , 1987.
2. That the Hopkins Planning Commission reviewed
suoh application on August 25, 1987.
3• That the Hopkins Planning Commission, pursuant
to published and mailed notices, held a public
hearing on August 25, 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
considered.
THEREFORE BE IT RESOLYED, that application for
Conditional Use Permit CUPBT-22 is hereby approved sub,ject
�� to the following Conditions:
1 . A completely opaque fence with a minimum of 8
feet in height be built on the north, east and
west sides of the site or the fence may be on
top of a berm with a total height of at least 8
feet.
2. Public driving surfaces will be paved, the
balance of the area being a dust free surface.
3 . All buildings on the site comply with the
Building Code.
4. The 50 foot front yard setback is landscaped in
accordance with a plan acceptable to the
Commission and staff.
5. All cars on the site are retained no longer
than 120 days. Records of impounded and stored
vehicles must be turned in to the City every 30
days, and damaged cars are "out of sight" (i.e.
the least visible spot) .
6 . There is no dismantling of cars or sale of
parts on the site.
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7. No parking of impounded cars on Second Street
N.E. or outside the fenced area.
8. Review of operation every 6 months by the
Couneil.
9• A 50 foot front yard setback is required by
ordinance.
Adopted this 15th day of September, 1g87,
Donald J. Milbert, Mayor
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Citv Counci ( RePort
August 26 , 1987
CONDITIONAL USE PERMIT - IMPOUND LOT
PURPOSE: To review and recommend action on a request for an
impound lot to be located on a portion of the Massey-
Ferguson site .
BACKGROUND: The applicant , Dick Hughes , appeared before the
Commission. Mr. Hughes stated that his business does the
towing for the City and they currently have a site on the
old City landfill. The City is not going to renew his lease
at the landfill . Mr. Hughes stated that he does no
dismanteling and repair of cars on his site . All cars are
removed in approximately 90 days .
The applicant will add another fence behind the existing
^ fence to allow for the 50 foot setback .
The Commission was eoncerned with the increase of traffic in
the area. Mr . Hughes stated that they tow about 10 cars per
day. Many cars are towed at night becasuse of DWI ' s or
accidents .
The maximum capacity for the site will be about 400 cars .
Approximately 50-100 cars do sit for 90 days .
Mr. Hughes stated he will move a new mobile home on the
site , whieh will meet all the building code requirements .
There is a person on duty 24 hours per day , but this person
may leave the site for a tow at night . The applicant would
like to have lights on the site . The lights will face away
from the street .
The staff stated that many impound lots start with good
intentions , but end up looking like a junk yard in a few
years . The staff is concerned with this type of use in this
area and is against the proposal .
The applicant stated he had not spoken to any of the
residents or property owners in the area. It was noted that
_.^ only property owners are notified .
---- N Q � 87-189
Council Report 87-189
Page 2
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RECOMMENDATION: Ms . Richardson moved and Mr . Denny seconded
a motion to continue the item and require the applicant to
do the following:
1 . Meet with the surrounding owners and tenants .
2 . Prepare a landscape plan for the 50 foot setback .
3 . Prepare a surface plan for the 80 ,000 square feet
in asphalt , conerete or another alternative .
4 . Plan for an opaque type fenee .
Ms . Riehardson and Mr. Denny voted yea; Mrs . Brandon and Mr.
Anderson voted nay. The item is forwarded to Couneil with
no reeommendations or findings of fact .
Respectfully submitted
Nancy S.Anderson
� Community Development
Analyst
CDCR28
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P(annin� Commission Report
CONDITIONAL USE PERMIT - IMPOUND LOT
Second Street N. E .
PLANNING COMMISSION
REPORT N0: CUP87-22 AUGUST 18 , 1987
PURPOSE: To review and recommend action on an application
for a Conditional Use Permit to allow an impound lot .
BACKGROUND•
Name of Applicant: Dick Hughes
Address of Property: Parking lot at 802 St . Louis
Street
Present Zoning: I-2
Reason For Request: To move present impound lot
from the landfill to the parking lot at Massey-
Ferguson
� Nature of Request: Ordinance requires all uses
not conducted within a building to have
Conditional Use Permit .
The applicant is proposing to relocate his present impound
lot at the old City landfill to the parking lot of the
Massey-Ferguson building. The applicant is losing his lease
from the City and needs another site to conduct business .
The applieant currently has the towing contract For both
Hopkins and St. Louis Park. The existing Massey-Ferguson
building is used only as a parts distribution center. Most
operations were moved to another state .
ANALYSIS: The applicant will lease 80 ,000 square feet on
the east side of the site. This vacant area is currently
fenced with a 6 foot cyclone fence on the north , south and
east sides .
The applicant is proposing to install slatts in the existing
fenee on the north and east sides to reduce visibility. The
slatts along the north side will extend past the west fence . �
The fence along the south lot line is covered by trees .
The site is surrounded by the Medalist Health Club to the
east , railroad tracks to the south , Massey Ferguson building
to the west and a Honeywell parking lot to the north , which
is zoned residential . The Hopkins Arches Apartments are
also loeated in this area.
N 0, cuPa�-22
CUP87-22
Page 2
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The mobile home currently at the landfill site and used as
an office is proposed to be moved to this site . The
Building Inspector noted that the trailer will have to
conform with the Building Code requirements . The trailer
will be located at the northeast corner of the site .
A 50 foot front yard setback is required for an I-2 lot
abutting a residential district . No parking is allowed in
the front yard setback . Entrance to the site will be from
the northeast corner of the site off of Second Street N. E.
CCDC has reviewed the proposed use of the site . The minutes
of the meeting are enclosed for your review. The CCDC does
not look favorably on the use of this site as an impound
lot .
The applicant will be required to surface the lot with
either asphalt or concrete as required by ordinance .
Because of the location of the site and the ad�acent
residential uses , the staff does not feel the proposed use
is appropriate for the site . No matter how much fencing and
landscaping is provided it will be difficult to completely
sereen this type of operation . Without some type of roof
� strueture , the residents of the Hopkins Arches living on the
upper floors would look right down onto the subject yard .
The applicants present operation located at the landfill is
far from visually appealing with dismantled autos , tires ,
parts , etc . spread throughout the lot . Even with standards
detailed as part of the Conditional Use Permit approval ,
there are many times constant violations with uses of this
type .
The basic premise behind zoning is to protect the health ,
safety and welfare of the residents of the City. Also , at
the last Zoning and Planning meeting , the Commission
approved additional standards which must be complied with
prior to any approval . One of these states that , "the
Conditional 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" . With the potentially blighting influence due
to the negative visual impact on the adjacent residential
neighborhood it appears that the Commission has the legal
ability to deny the Conditional Use Permit as requested .
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� If the Commission decides that an impound lot is an
acceptable use of this site , they must make Findings of Fact
and should consider the following conditions :
1 . A completely opaque fence with a minimum of 8
feet in height be built on the north , east and
west sides of the site .
2 . The lot is surfaced with asphalt or concrete .
3 . All buildings on the site comply with the
Building Code .
4 . The 50 foot front yard setback is landscaped in
accordance with a plan acceptable to the
Commission and staff.
5 . All cars on the site are retained no longer
than 90 days . Records of impounded and stored
vehicles must be turned into the City every 30
days .
6 . There is to be no dismanteling of cars or sale
of parts on the site .
7 . No parking of impounded cars on Second Street
N. E. or outside the fenced area.
8 . If the Massey-Ferguson building becomes fully
occupied , the impound lot will be discontinued .
9 . Review of the operation every 6 months by the
Commission . `
� 10 . A 50 foot front yard setback is required by the
ordinance .
Also , prior to any aetion , the applicant should be required
to meet with the surrounding property owners and most
specifically the adjacent residential owners to discuss the
proposed use and what can be done to mitigate any negative
impaet .
ALTERNATIVES•
1 . Approve the Conditional Use Permit
2 . Deny the Conditional Use Permit
3 . Continue for further information and require
applicant to meet with surrounding property
owners .
RECOMMENDATION: I recommend denial of the Conditional Use
Permit with the following Findings of Fact :
1 . That an impound lot is not compatible with the
surrounding uses and is detrimental as related
to the health safety and welfare of this area.
Respectfully submitted ,
� � 1��Q�'(�C�, �� ����r���1,0.�-l�
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Nancy S. nderson
Community Development
Analyst
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