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CUP 87-21 ,�: � < .�-� CITY OF HOPKINS Appl i cati on for: Amendment of Zoni ng Ordi nance Date: '%- �� - `�'""' Concept Review Condi ti onal Use Permi t _�_ Case No: �%''��- �'�,;' Subdivision Approval Variance Fee: �5. (�O Waiver of Platting Requirements Date Paid:�-�,�— s1-7 1. Street Location of Property: / �n� �,/�{,,, `7 -#/n ��>,��/��1 . _S5 3�l� 2. Legal Description of Property: 6y�io fxce(sich�.L�u/Pua��( 3. Owner: Name � ��„�_ Address�nl� �� _ -Sc/Jl Phone 9�0 - ��31 Phone � ~� �� 4. Applicants Name: f��- ,�, '''j'),�l,�P_ Address /�p� ,., ,. � '4`/n..s _ 5. Description of Request: ,�� o •—� Zoning District Use .;. Present Proposed 7. Present Proposed �—`1 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). 11. Exhibits submitted: ��lap or plat showing the lands proposed to be changed Other - � �. 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: i � �� _ ' Signature of Owner: !�,,�0.�, ✓�,,..,.,�-, 7�,�.��.��,�" ��Z�tixu%��.• r .� RECORD OF ACTION TAKEN BY PLANNING & ZONING COMMISSION �/ Application for: Conditional Use Permit - Day Care Case No: CUP87-21 On the 25 day of August 19 87 , the action request:ed in the foregoing pet:tinn was approved X disapprovedT) subject to tne following conditions : That the Fire hiarshal inspect the home - that the applicant is licensed by the County CITY COUNCIL ACTION Approved X Denied by the Council this 1 day o1= September 19 87. Resolution No: g7�76 Special Conditions: That the applicant is licensed for six (6) children � � % , ' /" /-1 i �-—� ---� ��' -� � James D. Kerr�gan Planning R 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. . � � Citv Counci ( RePort August 26 , 1987 CONDITIONAL USE PERMIT - DAY CARE PURPOSE: To review and recommend aetion on a request for a Conditional Use Permit to allow day care at 1301 Highway No . 7 �105 . BACKGROUND: The applicant , Kathy MeGee , appeared before the Commission . Ms . MeGee stated that she cares for seven ehildren , one of whieh is her own . She stated that her building is situated so that the children have a play area that is enclosed by buildings . Ms . MeGee stated that she has had day care for one year. The Fire Marshal inspected her home and approved her for six children . If the applicant wants day care for over six ehildren in her home , it must be inspected by the Building Inspector and meet the � Building Code . ANALYSIS: I eheeked with the County to see if her child is counted in the number approved . The County representative stated that all children under 11 years are included . Ms . MeGee ' s child is 10 years old . The County also stated that Ms . MeGee made a mistake at the meeting , and that she has a total of eight children , one of which is her own . The Fire Marshal has approved her for six ehildren . Unless her home is inspected by the Building Inspector and complies with the Buiding Code , the total number of children that should be approved in the Conditional Use Permit is six. Another condition should be added that the applicant is allowed only six ehildren . RECOMMENDATION: The Commission approved the request for a Conditional Use Permit unanimously with the following Findings of Fact and Conditions: 1 . That a day care is a permitted use in an R-4 District . ---� --- No. 8�-�90 �� Conditions : 1 . That the Fire Marshal inspect the home . 2 . That the applicant is licensed by the County . The staff further recommends the following condition: 3 . That the applicant is allowed only six (6 ) children . Respectfully submitted , ��l�;r��'�' ��' '�� Nanc�„S. Anderson Community Development Analyst CDCR29 �1 /� � RESOLUTION N0: 87-76 CITY OF HOPKINS HENNEPIN COUNTY , MINNESOTA RESOLUTION MAKIPIG FINDINGS OF FACT AND APPROVING CONDITIONAL USE PERMIT CUP87-21 WHEREAS , an application for a Conditional Use Permit entitled CUP87-21 has been made by Kathy MeGee , 1301 Highway No . 7 �105 , to operate a Day Care in her home . WHEREAS , the procedural history of the application is as follows : 1 . That an application for Conditional Use Permit CUP87-21 was filed with the City of Hopkins on July 23 , 1987 • 2 . That the Hopkins Planning Commission reviewed such 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 . NOW THEREFORE BE IT RESOLVED , that the Hopkins City Council makes the following Findings of Fact in respect to CUP87-21 : 1 . That a Day Care is a permitted use in an R-b District . BE IT FURTHER RESOLVED , that application for Conditional Use Permit CUP87-21 is hereby approved subject to the following Conditions : 1 . That the Fire Marshal inspect the home. 2 . That the applicant is licensed by the County . 3 . That the applicant is allowed only six (6 ) ehildren . Adopted this 1st day of September , 1987 . � Donald J. Milbert , Mayor —` ' • P(annin� Commission Report CONDITIONAL USE PERMIT - DAY CARE 1301 Highway No . 7 �105 PLANNING COMMISSION REPORT N0: CUP87-21 AUGUST 11 , 1987 PURPOSE: To review and recommend action on an application for a Conditional Use Permit for a Day Care . BACKGROUND• Name of Applicant : Kathy MeGee Address of Property: 1301 Highway No . 7 �105 Present Zoning : R-4 Reason for Request : To allow Day Care in a multiple residential district . Nature of Request : State Statute allows the City to require a Conditional Use Permit . The applicant is applying to have up to 10 children . � Our ordinance is being updated to reflect the requirements of the State Statute . The State Statute states a township , municipality or county zoning authority may require a Conditional Use Permit or Special Use Permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the homes which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones , unless such additional conditions are necessary to protect the health and safety of the residents of the family. ANALYSIS: The applicant lives in Elmo Park , a townhouse development , which has an interior area surrounded by buildings whieh can be used for a play area . The applicants home is loeated on the southeast corner of the development so two sides of her home are surrounded by other townhomes . Eisenhower Community Center is located to the east and Highway �7 to the south. All other applications of this type for day care have been approved . The Fire Marshal has noted that any day care for over six — (6 ) children will have to be inspected by him. No. ��PB�-2� CUP87-21 Page 2 ,--, The State Statute states that a Day Care is a permitted use , and only allows the City to put conditions on the Conditional Use Permit . ALTERNATIVES: 1 . Approve the Conditional Use Permit 2 . Continue for further information RECOMMENDATION: I recommend Alternative �1 . The following are suggested Findings of Fact and Conditions should the Commission recommend approval : 1 . That a day care is a permitted use in an R-� District . Conditions : 1 . That the Fire Marshal inspect the home . 2 . That the applicant is licensed . 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