CUP 87-05 ^ CITY OF HOPKINS
Application for: Amendment of Zoning Ordinance Date: T c � ,• �
Concept Review
Condi ti onal Use Permi t � Case No: ����'�'��'_ �;
Subdivision Approval , �
Variance Fee: �'�
Waiver of Platting Requirements
Date Paid:� Gj, /<j�y�,?
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1. Street Location of Property: �G�,.,3 /J�� ,�5'.C/f'�� /� � %/�
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2. Legal Descri pti on of Property: ,.�.T�-. �,� 7 � ; + �,,' �.� 6 ' ` �,,,�, -
- 3. Owner: Name ' / ���y����
,��:�f/.�r�ir� ��6�7 �i�'���Address ;S'�/�'� �,�� ��9� Phone 9,�,�io..?O
4. Appl icants Name:4�r�{-�:, �;� ,r- Address/�� � ���, � t ,��� �,►��j��Phone ��33�-�;,:,� ��! h
5. Description of Request: i y;�; � � .,�,_ � � .� ,- -r l , _
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Zoning District Use
6. Present Proposed 7. Present Proposed
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)
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10. If request is for a variance, what hardship would justify approval (see 427.04(108) of
the Zoning Ordinance).
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11. Exhibits submitted:
f4ap or plat showing the lands proposed to be changed �, n�,;;��
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 the Ordinances of the City of Hopkins and the laws of the
State of Minnesota.
Si gnature of Appl i cant: X ,/� - ��,�,-�, t / �
Si gnature of Owner: ��',Lc�i �� �,�t� /��.s�id�ir /'1�if' _Lf/tSTS�I�� ��«�'6�
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RECORD OF ACTION TAKEPJ BY PLANNING & ZONING COMMISSION
Application for _ Conditional Use P rm� Date: 3/31/87 v
CASE N0: CUP87-5
PLANNING COMMISSION RECOMMENDATIONS
On the 31 day of Mar 19$L, the action requested in the foregoing petition
was approved ( � disapproved subject to the following conditions:
Recommend approval with Findings of Fact: 1. A licensed Day Care is m' ed us in a
multi-family district; 2. Applicant has sufficient protected play rea; nd w' nditions
1. The residence is inspected by the City Inspectors; 2. The app ' 's li e r
Day Care. Chairman:
CITY COUNCIL ACTION
Approved � Denied by the Council this 7 day of April lg 87
Approved with following amendment: Approved with Findings as stated in Resolution No:87-26
C 1 e r k: � ' �Z-�� '����h--�.
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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 3 31 87 �I(
Pl . Comm. Postponement �
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P1 . Corrm. Action 3/31/87 JK Recommend approval of CUP as stated above.
On Council Agenda
Council Postponement '
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Council Action i 4/7/87 ' JK Approved - Resolution No. 87-26
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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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Citv Council Report
April 1 , 1987
CONDITIONAL USE PERMIT - DAY CARE
103 Blake Road North #110
PURPOSE: To review and recommend action on an
application for Day Care .
BACKGROUND: See staff report to Zoning and Planning '
Commission . The applicant , Bertha Dyer , appeared
before the Commission . Ms . Dyer stated that she had
done Day Care in her home for seven years . The
apartment management has given permission to have the
Day Care in her apar�ment .
RECOMMENDATION: The Commission voted unanimously to
� approve the Conditional Use Permit for the Day Care
with the following Findings of Fact :
1 . A licensed Day Care is a permitted use in a
multi-family residential zone .
2 . The applicant has sufficient proteeted play
area for the children .
and with the Conditions:
1 . The residence is inspected by the City
Inspectors .
2 . The applicant is licensed for Day Care .
Respectfully submitted , I
Nancy . Anderson
Community Development �
Analyst i .
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. N Q. 87-64
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RESOLUTION N0: 87-26
CITY OF HOPKINS
HENNEPIN COUNTY , MINNESOTA
RESOLUTION MARING FINDINGS OF FACT AND APPROVING
CONDITIONAL USE PERMIT CUP87-5
WHEREAS, an application for a Conditional Use
Permit CUP87-5 has been made by Bertha Dyer , 103 Blake Road
North �110 , to operate a Day Care facility in her home .
WHEREAS , the procedural history of the application
is as follows : •
1 . That an application for Conditional Use Permit
CUP87-5 was filed With the City of Hopkins on
February 9 , 1987 .
2 . That the Hopkins Planning Commission reviewed sueh
application on March 31 , 1987 .
3 . That the Hopkins Planning Commission , pursuant to
published and mailed notices , held a public
hearing on March 31 , 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 Couneil makes the following Findings of Fact in respect
to CUP 87-5 :
1 . A licensed Day Care is a permitted use in a multi-
family residential zone .
2 . The applicant has sufficient protected play area
for the children .
BE IT FURTHER RESOLVED , that the application for
Conditional Use Permit is hereby approved sub,jeet to the
following conditions:
1 . The residence is inspected by the City Inspectors .
2 . The applicant is licensed for Day Care .
Adopted this day of April , 1987 .
^ Ellen Lavin , Mayor
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Plannin� Commission Report
CONDITIONAL USE PERMIT - DAY CARE
103 Blake Road North , Apt �110
PLANNING COMMISSION
REPORT N0: CUP87-5 MARCH 23 , 1987
PURPOSE: This report is to review and recommend action on a
Conditional Use Permit to allow day care .
BACKGROUND•
Name of Applieant: Bertha Dyer
Address of Property: 103 North Blake Road
Present Zoning: R-3
Reason for Request : To allow day care in a
multiple residential distriet . -
Nature of Request: Statute allows the City to
require a Conditional Use Permit in multiple
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family residential districts .
The applicant needs a Conditional Use Permit to continue to
have day care in her residenee . The State Statute states :
"unless otherwise provided in any town , municipal
or county zoning regulation , a licensed
residential facility serving from seven through
sixteen persons or a licensed day care facility
serving from 13 through 16 persons shall be
considered a permitted multifamily residential use
of property for purposes of zoning . A township ,
municipal or county zoning authority may require a
conditional use or special use permit in order to
assure proper maintenanee and operation of a
facility provided that no conditions shall be
imposed on the facility which are more restrictive
than those imposed on other conditional uses or
special uses of residential property in the same
zones , unless such additional eonditions are
necessary to protect the health and safety of the
residents of the facility" . -
We are in the process of changing our ordinanee to comply
with the State Statute .
The applicant has contacted the resident manager. The
-_ manager has �iven approval of the day care .
The applicant has been a day care provider in her residence
for seven years .
No. ��PB�-5
CUP87-5
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The applicant lives at Westside Village , which is an
apartment complex . The complex does have an interior
courtyard whieh can be used by the children to play.
ANALYSIS: In this situation there is not a lot of choices on
what to do . The State Statute states that a day care is a
permitted use within a multiple family residential use . The
Commission does have the option of putting conditions on the
permit . The applicant has had licensed day care in her home
for seven years and there appears to have been no problems
to date . If the commission feels it would need additional
information , there is always the option of continuin� the
item, but in this case 2 do not feel this is necessary.
ALTERNATAIVES•
1 . Approve the Conditional Use Permit
2 . Continue for additional information from the staff
or applicant
� RECOMMENDATION: I recommend approval of the Conditional Use
Permit . The following are Findings of Fact and Conditions
should the Commission recommend approval:
1 . A licensed day care is a permitted use in a
multifamily residential zone .
2 . The applicant has sufficient protected play area
for the children .
Conditions :
1 . The residence is inspected by the City Inspeetors .
2 . The applicant is licensed for day care .
Respectfully submitted ,
�
Nancy . Anderson
Community Development
Analyst
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