CUP 87-13 ;s�
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^ CITY OF HOPKINS
Appl ication for: Amendment of Zoni ng Ordi nance Date: �,�- �' - �' 7
Concept Review �
Condi ti onal Use Permi t X Case No: ����%/'= ��- i._' �
Subdivision Approval
Variance Fee: '�,"`
Waiver of Platting Requirements
Date Paid: �t'- �' �- S;' ?
A u,:.��
1. Street Location of Property: 3-5 6th��-*-PPt, Hopkina
2. Legal Description of Property: Lot 31, 32 , Block 1
3. Owner: Name Eugene Maxwell Address 5 6th -S�.. Phone 933-8152
4. Applicants Name: Eugene Maxwell Address 5 6th �-�. Phone 933-8152
5. Description of Request: Motor fuel pumps and canopy to be consolidated
with existing �wet►tyfour convient market.
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Zoning District Use
6. Present Proposed 7. Present Proposed
B-3 B-3 B-3 B-3
8. Reason for Request Expansion of exi�tinq business
9. What error, if any, in the existing Ordinance would be corrected by the proposed
amendment? (for Zoning Ordinance amendment only)
None
10. If request is for a variance, what hardship would justify approval (see 427.04( 108) of
the Zoning Ordinance) .
None
11. Exhibits submitted:
f�ap or plat showing the lands proposed to be changed
Other Blueprints of expansion of exi �tinc� b�s; nP��
�?. 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: "P � `f`x'�-�
Si anature of Owner: l'.���>QtiQ 1 �''-����C� ___
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RECORD OF ACTION TAKEfJ BY PLANNING & ZONING COMMISSIOPd
Date : 5/26/87 �"�
Application for Conditional Use Permit - Motor Fuel
CASE N0: CUP87-13
PLANNING COMMISSION RECOMMENDATIONS
On the 2� day of 19�L, the action requested in the foregoing petition
was approved (X ) disapproved subject to the following conditions :
1, If the applicant ceases or loses his lease to Henn. Co. right�of- r t the applicant
be requi.red to implement alternate plan as submi'tted. 2. If found y t Ci ou at some
future date that traffic in resi.dential alley is a problem due t s o roperty, CUP
may be re-exami:ned and additional conditions Chairman:
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CITY COUNCIL ACTION
Approved X Denied by the Council this 2 day of June 19 87
Approved with following amendment: qpproved with the added Condition (3) The applicant shall
forfei.t 3.2 liquor license at such time as the gas dispensing use becomes operational .
Resolution No. 87-48
Clerk: l.� � �'��)`� 4�., ���.��
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Following to be filled in by City Action of City Officials
Chronolo Date B
Rec'd by Bldg Dept. !
Published by Bldg Dept.
On P1 . Comm. Agenda 5 26/87 JK
P1 . Comm. Postponement I I
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P1 . Comn. Action � 5/26/87 JK � Recommend approval as stated above.
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On Council Agenda 2 7 �K
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fCouncil Postponement ; , �
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Council Action 6/2/87 j JK Approved as stated above `'
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
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RESOLUTION N0: 87-u8
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLICATION FOR CONDITIONAL USE PERMIT CDP87-13
WHEREAS, an application for a Conditional Use
Permit entitled CUP87-13 has been made by Eugene Maxwell, 3-
5 6th Avenue South„ to consolidate motor fuel pumps with
existing convenience market.
WHEREAS, the procedural history of the application
is as follows:
1 . That an application for Conditional Use Permit
CUP87-13 was filed with the City of Hopkins on
April 8, 1987.
2. That the Hopkins Planning Commission reviewed such
application on May 26 , 1987•
3. That the Hopkins Planning Commission, pursuant to
published and mailed notices, held a publie
hearing on May 26 , 1987; all persons present at
the hearing were given an opportunity to be heard.
4. That the written comments and analysis of tha City
^ Staff and the Planning Commission were considered.
NOW THEREFORE BE IT RESOLVED, that the Hopkins
City Couneil makes the following Findings of Fact in respeet
to CUP87-13:
1 . That a motor fuel station is a permitted use in a
B-3 Distriet.
2. That the motor fuel station meets the requirements
as outlined and no variances are required.
BE IT FURTHER RESOLVED, that application for
Conditional Use Permit CUP87-13 is hereby approved sub�ect
to the folloxing Conditions:
1 . If the applicant ceases or loses his lease to the
Hennepin County right-of-Way property the
applicant be required to implement the alternate
plan as submitted.
2. If found by the City Council at some future date
that traffic in the residential alley is a problem
due to this pareel of property, the Conditional
Use Permit may be re-examined and additional
conditions attached to the Conditional Use Permit.
3. The applioant shall forfeit 3.2 liquor license at
such time as the gas dispensing use beeomes
operational.
Adopted this 2nd day of June, 1g87.
^ Ellen Lavin, Mayor
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Citv Council Report
• May 27 , 1987
CONDITIONAL USE PERMIT - MOTOR FUEL STATION
6th Avenue South & Mainstreet
PURPOSE: To review and recommend action on a
Conditional Use Permit for a motor fuel station .
BACKGROUND: See staff report to the Zoning and Planning
aommission. The applicant , Gene Maxwell , appeared
before the Commission . He noted that no variances Will
be required . He also stated that the County right-of-
Way property is a year-to-year lease and he has the
first option to buy. The applicant has submitted an
—� alternate plan Without the right-of-Way property. The
applicant will meet the ordinance requirements without
the County right-of-Way.
Ms . Sherri Jacob appeared before the Commission. Ms .
Jacob is the District Manager for the Jet Gas Stations .
She stated that Jet had applied for a liquor license
and Was denied . If gas pumps are allowed on this site
with Jims Liquor it would be the same as Jet selling
beer. ( Staff will eheck with the City Attorney prior
to the Council meeting regarding this issue . )
A resident Kas concerned of the possibility of the
inereased traffic in the alley. Mr. MaxWell stated
that if a problem occurred in the future he would be
willing to Work With the City to solve the problem.
RECOMMENDATION: The Commission recommended unanimously
to approve the Conditional Use Permit with the
folloWing Findings of Fact and Conditions :
1 . That a motor fuel station is a permitted use
in a B-3 District .
2 . That the motor fuel station meets the
requirements as outlined and no variances are
required .
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No. 8711�
^ Council Report 87-118
Page 2
Conditions:
1 . IP the applicant ceases or loses his lease to
the Hennepin County right-of-xay property the
applicant be required to implement the
alternate plan as submitted .
2 . If found by the City Couneil at some future
date that traffic in the residential alley is
a problem due to this parcel of propoerty ,
the Conditional Use Permit may be re-examined
and additional conditions attached to the
Conditional Use Permit .
Respectfully submitted ,
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1`�� �.��!l��.�Tv"� ��i1C�G;i��`+ �
Naney 5,-. Anderson
Community Development
"'� Analyst
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�Pfannin� Cornmission Report�
CONDITIONAL USE PERMIT - MOTOR FUEL STATION
6th Avenue South
PLANNING COMMISSION
REPORT N0: CUP87-13 MAY 1 � , 1987
PURPOSE: to review and recommend action on an
application for a Conditional Use Permit For a motor
fuel station .
BACKGROUND:
Name of Applicant: Eugene Maxwell
Address of Property: 3-5 6th Avenue South
Present Zoning: B-3
Reason For Request: Expansion of existing
"—' business
Nature of Request: Ordinanee requires a
Conditional Use Permit for a motor fuel
station .
The applicant is proposing to loeate two gas islands on
the present site of a small shopping area which
eontains Jim' s Liquor , Midnite Market and the Armed
Forces reeruiting offices . The pumps will be located
north of the Midnite Market , an area now used as part
of the parking lot . Ordinance 535 •03 , Subd . 2 M
states :
"Motor fuel station provided:
1 . the site shall be constructed for drainage
according to a plan submitted and approved by
the City Engineer and Fire Marshal ;
2 . the entire site not covered with building or
landscaping shall be hard surfaced ;
3 . the lighting shall be accomplished in sueh a
way as to have no direct source visible from
the public right-of-way or adjacent land in
the R distriet ;
4 . no driveway access is less than 40 feet from
a street intersection ;
5 . any other businesses operated on the site
..� shall conform to this code ;
No.
CUP87-13
Page 2
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6 . the site shall be constructed for parking and
traffic according to a plan submitted and
approved ;
7 . if the station is a self-service each pump
island shall aecommodate six vehicles in
storage lane in addition to those
accommodated at island ;
8 . the front yard shall be landscaped and ten
feet in depth , if station is non-conforming a
curb shall be construeted to separate the
drive from public walk. "
ANALYSIS: Two ingress/egress points will be on 6th
Avenue . The northerly aceess point will funetion
basically as the entrance for using the gas pumps with
the southerly drive for the existing uses . There is
the potential for using both access points for either
ingress or egress if there is no stacking by the pump
area. Access to the liquor store , Midnite Market or
the Recruiters Offices will be from the southerly
ingress/egress .
The applicant is currently leasing the railroad right-
of-way to the north of his property from the Hennepin
� County Railroad Authority. This area will be
incorporated into his overall plan in the same manner
Rudy Luther did with the adjacent property.
The ordinance requires 27 parking spaces . The site
with the right-of-way property has 32 spaces and
without the right-of-way 27 parking spaees . With
either plan the applicant has the required parking
spaces . The applicant also has the required stacking
of six spaces per pump island .
The applicant will be landscaping the southeast corner
of 6th Avenue and Mainstreet . Landseaping will also be
provided on the northeast corner of the right-of-way
and between the two ingress/egress points . The
applicant is not required by the ordinanee to provide
landscaping. The Rudy Luther right-of-way property and
the applicants right-of-way property will be separated
by 6 ' eoncrete curb stops .
The subject property is surrounded by business uses on
the north, east , and west . The residential distriet to
the south is separated from the applicants property by
an alley. The existing building on this site will
provide a physical barrier between the neighborhood and
the more intense use of the site . Also , it should not
increase traffic flow to the south through this
residential area.
CUP87-13
Page 3
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The applicant has met the requirements of a motor fuel
station as outlined in the ordinance . He has also
provided an alternate plan without the railroad right-
of-way which shows extra parking along the north lot
line.
The Fire Marshal and Director of Engineering have
reviewed the proposed site plan and found it
acceptable .
ALTERNATIVES:
1 . Approve the Conditional Use Permit
2 . Deny the Conditional Use Permit
3 . Approve or continue with revisions to the
plan as proposed .
RECOMMENDATION: I recommend Alternative #1 . The
following are suggested Findings of Fact and Conditions
should the Commission recommend approval:
1 . That a motor fuel station is a permitted use
in a B-3 District .
2 . That the motor fuel station meets the
requirements as outlined and no variances are
� required .
Conditions:
1 . If the applicant ceases or loses his lease to
the Hennepin County right-of-way property the
applicant be required to implement the
alternate plan as submitted .
Respectfully submitted ,
��m � ��rn
Nane S. Anderson
Community Development
Analyst
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