CUP 87-11 ` . / �
� CITY OF HOPKINS
Application for: Amendment of Zoning Ordinance Date: ��-- �-X 7
Concept Review ,
Conditional Use Permit � Case No: ' /�;�'�"'-//
Subdivision Approval
Variance Fee: 7� `—�'
Waiver of Platting Requirements
Date Paic�F��� ' �' '��
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1. Street Locati on of Property: %%?�-( j i�J�����'� S. �U� �C�.��f/�� c�'� S� ����
2. Legal Description of Property:
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3. Owner: Name '���2 ; � �Address �j� l�f�� ���5•,�Per"Phone � /� ( �
�d�-i'�s
4. Appl i cants Name: f _S �C�,�-� �ddress I��(j��,(�'ruS�{�c�e�t- Phone ��� - I -� I -j
5. Description of Request: �Ov�d <-�fc�kc- �.�Sc= , ��11�, -�
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Zoning District Use
6. Present Proposed 7. Present Proposed
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8. Reason for Request�, �,���� ���-�n S,�( ��5 �- 1��,�;,rJ 5,���- � �
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J � � c�1 CJ � / �a ����v,c oan �� Sc°.�/;le f-�4 C ��`'�`
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:
t�ap or plat showing the lands proposed to be changed �
Other
--�2. 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 th � Ordinances of the City of Hopkins and the laws of the
State of Minnesota. �� , ��' �
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Si gnature of Appl i cant: �'c���'n `� ���I�L_ '7 �
Sianature �f �wnPr: � i 1�., �- \:�t�tT.�
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RECORD OF ACTION TAKEfd BY PLANNING & ZONING COMMISSIOPd
Da te : Apri 1 28, 1987 v
Application for Conditional Use Permit - Sales Lot
CASE N0: CUP87-11
PLANNING COMMISSION RECOMMENDATIONS
On the 2g day of A ril 19 87 , the action requested in the foregoing petition
was approved (X ) disapproved subject to the following conditions:
Recommend approval with Findings of Fact and Conditions as s esol t' 87-38
Chairman:
CITY COUNCIL ACTION
Approved X Denied by the Council this 5 day of May 19 87
Approved with following amendment:
i
C 1 e r k: � % ��-e`��
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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
Pl . Comm. Postponement � � �
' I �
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P1 . Comm. Action � 4/2g/g7 I JK Recommend approval as stated in Resolution
� � No: 87-38
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On Council Agenda ' 5/5/87 � JK
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fCouncil Postponement ; I
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Council Action ; 5/5/87 ` JK Approved with Findings of Fact & Conditions
y � stated in Resolution No. 87-38
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
/'�
Citv Counci ( Report
April 29 , 1987
YARIANCES & CONDITIONAL USE PERMIT
Rudy Luthers Hopkins Motors
PIIRPOSE: To review and recommend actio❑ on applications
for variances for the square footage of the sales lot
to exceed the square footage of the building , a 15 foot
front yard varianee and a Conditional Use Permit for an
Auto Sales Lot .
BACKGROUND: See staff report to Zoning and Planning
Commission . The Commission considered the variances
and Conditional Use Permit together . Mr. John Simons ,
representing Rudy Luthers Hopkins Motors appeared
� before the Commission . He stated that the proposed lot
will be used for used cars because many customers that
go to the new car showroom are looking for a used car
and the used car lot is not visible from the new car
sales lot . The new lot will be visible from the new
car sales lot. The proposed used car sales lot will be
a mirror image of the new car sales lot . He also
stated that they are predicting that 90� of the
customers will go to the new car showroom and then walk j
over to the used car lot . It was noted that �
landscaping will be added between the car lot and Dow I
Towers with a 5 foot chain link fence . '
I
RECOMMENDATION: The Commission voted unanimously to �
recommend approval of variances for the square footage
of the building and a 15 foot front yard variance with
the following Findings of Fact:
1 . That a unique circumstance is present due to
the shape of the property . �
2 . A 20 foot setback would restrict the use of �
the property. ' �
3 . That a building on the site would restrict i
the use of the property . �
i
and Kith the Conditions : �
1 . That the applicant be granted a Conditional
Use Permit to operate an Auto Sales Lot .
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-- ---- N 0 . 87�-93 �
Council Report 87-93
Page 2
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2 . That the varianees be reviewed if the
applicant does not lease the abutting right-
of-way property .
The Commission voted unanimously to recommend approval
of the Conditional Use Permit to allow an Auto Sales
Lot with the following Findings of Fact :
1 . That an auto sales lot is an efficient use of
the site .
2 . That an auto sales lot is a a permitted use
in a B-3 District .
and with the Conditions :
1 . That the requested variances are granted .
2 . At such time as the County makes a final
determination on the implementation of light
rail transit or should the applicant loose
the lease to the County property , the Zoning
and Planning Commission should have the
opportunity to review the appropriateness of
the Conditional Use Permit .
� Respectfully submitted ,
- v V IC,Ur �,��1�9�
Naney Anderson
Community Development
Analyst
��
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�Plannin� Comrnission Report�
CONDITIONAL USE PERMIT - HOPKINS MOTORS
5th Avenue & Mainstreet
PLANNING COMMISSION
REPORT N0: CUP87- 11 APRIL 21 , 1987
P[JRPOSE: To review and recommend action on an
application for a Conditional Use Permit for an auto
sales lot .
BACKGROUND:
Name of Applicant : Rudy Luthers Hopkins
Motors .
Address of Property : Southwest corner of
Mainstreet & 5th Avenue
Present Zoning : B-3
Nature of Request : Ordinance requires a
^ Conditional Use Permit for an auto sales lot
Reason for Request : To have auto sales lot
within sight and easily available to showroom
and service facility .
The applicant is proposing to locate an auto sales lot
on the southwest corner of 5th Avenue & Mainstreet .
This use is consistent with the Comprehensive Plan and
the zoning . The existing warehouse and billboard will
be removed . The applicant has also applied for two
variances in con,junetion with the conditional use
permit .
Ordin�nce 535 . 03 requires the fo�lowing :
A) Auto sales including sales lot and major
auto repair provided : _
1 . the sales lot shall not be larger in
square footage than the square footage of the
building devoted to the related business ;
2 . the 20 feet required front yard shall be �
landseaped and should the front yard be less
than 20 feet due to non-conforming use , a
permanent barrier at least 18 inches high
shall separate the sales lot from the public
�
walk ; -
3 . lighting of the sales lot shall be totally
from indirect lighting; '
No.
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CUP87-11
Page 2
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4 . should the lot abutt an R district an
aeceptable design of screening fence five
feet in height shall be constructed along the
abutting lot line ;
5 . the auto sales lot shall not include
vehicles over a 9 ,000 lb . rated weight .
The applicant will be leasing a portion of the Hennepin
County right-of-way for use as part of the sales lot .
Requirements Proposed
Front yard 20 ' 5 '
Side yard :
S . parking 1 ' 1 '
N. parking 1 ' S '
Rear parking 1 ' S6 '
Parking 9 9
The applicant is proposing one ingress/egress point for
the site along 5th Avenue in the southeast corner of
the parcel . The existing curb cuts off Mainstreet &
5th Avenue will be closed and replaced with curb and
� gutter . The City Engineer has reviewed this plan and
found it acceptable .
The proposed plan shows a .sign on the corner in the 20 '
front yard setback . This sign appears to be setback
approximately 17 feet . If the 15 foot variance is
granted this sign will not violate the required setback
area . This sign will be similar to the sign in the
planter on the adjacent auto sales lot . The applicant
has not specified the size of the sign at this time ,
all signage will have to conform to the sign ordinance .
The site plan is proposing lights along Mainstreet &
5th Avenue . These lights will have to be aligned as to
not interfere with traffic on Mainstreet & 5th Avenue .
The applicants proposed plan shows a 6 foot high ehain
link fence to separate the abutting R-Distriet to the
south (Dow Towers Elderly Highrise) . The ordinance
requires a minimum of 5 foot high fence if an auto
sales lot abutts a residential distriet . The applicant
has now decided to have landscaping along this lot line
along with a 5 foot high chain link fenee .
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CUP87-11
^ Page 3
The site will be drained by surface drainage to
Mainstreet & 5th Avenue . The Director of Engineering
has approved of this plan .
The site will be bordered by an 18 inch high brick wall
and a hedge along 5th & Mainstreet similar to their
pro�ect across the street . Such a wall conforms to the
ordinance for visibility . Curb stops will be placed in
the parking are to protect the brick wall from cars .
The abutting County right-of-way leased by Midnight
Market will be separated from the applicants property
with curbing .
The existing sidewalk surrounding the site will remain .
The site is surrounded by Dow Towers to the south , a
gas station to the north , a parking lot to the west and
Now Sports to the east .
ANALYSIS: The applicant will be using this lot for
displaying used cars . The Director of Engineering has
^ noted that at one time the Council was considering a
right turn lane eastbound on Mainstreet to 5th Avenue
South which would have cut across the northwest corner
of the property . This plan Was never carried out due
to inability to acquire needed land from Suburban
Chevrolet . However , the existing traffic seems to
negotiate the turn without difficulty and the staff
will therefore be recommending that the Council abandon
the right turn lane .
This auto sales lot is making efficient use of the
property . Because of the lot size , another use with a
building would be difficult because of the required
setbacks and parking.
The applicant has presented his proposed project to
CCDC and received a favorable review.
ALTERNATIVES:
1 . Approve the Conditional Use Permit
2 . Approve the Conditional Use Permit but deny
the variance .
3 . Disapprove the Conditional Use Permit
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� CUP87-11
Page 4
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RECOMMENDATION: I recommend Alternative �1 . The
following are suggested Findings of Fact and Conditions
should the Commission recommend approval :
1 . That an auto sales lot is an efficient use of
the site .
2 . That an auto sales lot is a permitted use in
a B-3 District .
Conditions :
1 . That the requested variances are granted .
2 . At such time as the County makes a final
determination on the implementation of light
rail transit or should the applicant loose
the lease to the County property , the Zoning
and Planning Commission should have the
opportunity to review the appropriateness of
the Conditional Use Permit .
Respectfully submitted ,
,
^ � �_�i" � _'� ���7 ���n r ��f\
Nancy' S . Anderson
Commu�iity Development
Analyst
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RESOLUTION N0: 87-38
CITY OF HOPKINS
HENNEPIN COUNTY , MINNESOTA
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLICATION FOR CONDITIONAL USE PERMIT CIIP87-11
WHEREAS , an application for a Conditional Use
Permit entitled CUP87-11 has been made by Rudy Luthers
Hopkins Motors , 5th & Mainstreet , for an auto sales lot .
WHEREAS , the procedural history of the application
is as follows :
1 . That an application for Conditional Use Permit
CUP87-11 was filed with the City of Hopkins on
April 3 , 1987 •
2 . That the Hopkins Planning Commission reviewed sueh
application on April 28 , 1987 ,
3 • That the Hopkins Planning Commission , pursuant to
published and mailed notices , held a publie
hearing on April 28 , 1987 ; all persons present at
the hearing were given an opportunity to be heard .
� � . 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 CUP87-11 :
1 . That an auto sales lot is an efficient use of the
site .
2 . That an auto sales lot is a permitted use in a B-3
Distriet .
BE IT FURTHER RESOLVED , that application for
CUP87-11 is hereby approved subject to the following
Conditions :
1 . That the requested variances are granted .
2 . At sueh time as the County makes a final
determination on the implementation of light rail
transit or should the applicant loose the lease to
the County property , the Zoning and Planning
Commission should have the opportunity to review
the appropriateness of the Conditional Use Permit .
Adopted this 5th day of May , 1987 .
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Ellen Lavin , Mayor