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CUP 86-13 `�' CITY OF HOPKINS Application for: Amendment of Zoning Ordinance Date: //- t� - �� Concept Review , Condi ti onal Use Permi t � Case No�� =' v'_� /� Subdivision Approval Variance Fee: � co �,�� - Waiver of Platting Requirements ' Date Paid: 1. Street Location of Property: / 7 - � `� /� v e �o� �� 2. Legal Description of Property: a�f �ss �'�'� �<Pk. �.(1,y�y�r� lvlktD�n� �� � 3. Owner: Name �u.sw,� �.Q��l�oK Address l 7- �l ^� �� � Phone �3�- " 3�� ) 4. Applicants Name: � ;�c�rv�s /�p���Prj-� Address I � - �� ���' S� Phone �13�-���Y° � 5. Description of Request: ��1��r�,�t�., � Pi?��� � /1�Pn��e� C���'°�P �_ ��K��+ � �u�lr��.� �'1��� ��...�Kcr,u<<� T� � �'��-� ��w'e Zoning Oistrict Use 6. Present Proposed 7. Present Proposed J� - �- 8. Reason for Request �'�G� ! rPvi ��t ST���, /SK°�'''� �p ����f` 9. What error, if any, in the existing Ordinance would be corrected by the proposed amendment? (for Zoning Ordinance amendment only) l�l/� 10. If request is for a variance, what hardship would justify approval (see 427.04(108) of the Zoning Ordinance). /✓� /a- 11. Exhibits submitted: �4ap 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.,..th�" r nances of the City of Hopkins and the laws of the State of Minnesota. � � i� Signature of Appiica�.� � ��'� C:.....i-�.,,... ..F /�. ,......_.� �. � \ �� RECORD OF ACTION TAKEPJ BY PLANNING & ZONING COMMISSION • Date: 1/27/87 Application for Conditional Use Permit � CASE N0: CUP86-13 PLANNING COMMISSION RECOMMENDATIONS On the 27 day of Janua 19 87 , the action requested in the foregoing petition was approved ( X) disapproved subject to the following conditions : Recomnend to Council approval of CUP with the Findings of Fact: e nopy meets the conditions for a Conditional Use Permit and with the Conditi . t e plicant provide proof of Liability Insurance holding the City free of all re t . Chairman: CITY COUNCIL ACTION Approved X Denied by the Council this 3 day of February ig 87 Approved with following amendment: Approved as recommended by Zoning & Planning Clerk: � �S� , .� Following to be filled in by City Action of City Officials Chronolo Date 6 Rec'd by Bldg Dept. Published by Bldg Dept. On P1 . Comm. Agenda 11 25 8 P1 . Comm. Postponement 1/27/87 JK Continued due to absence of applicant at meet-; P1 . Comm. Action 1/27/87 _ JK Recom�end approval as stated above with , Findings and Conditions. � On Council Agenda 2 3 87 JK Council Postponement , I � { � � ! Council Action � 2/3/87 ► JK Approved � Resolution No. 87-4 � 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 per�nit was granted prior to the end of said year may request and the Council may grant an extension �ot to exceed one year. ,---� RESOLUTION N0. 87-4 � CITY—OF—HOPKINS HENNEPIN COIINTY , MINNESOTA RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT CUP86-13 WHEREAS, an application for a Conditional Use Permit entitled CDP86-13 has been made by Dennis Madden , 13 8th Avenue South „ to construct a canopy projecting into the public right-of-way. WHEREAS � the procedural history of the application is as follows: 1 . That an application for Conditional Use Permit CUP86-13 was filed With the City of Hopkins on November 3 , 1986 . 2 . That the Hopkins Planning Commission reviewed such application on November 25 . 1986 and January 27 , 1987 . . 3 • That tbe Hopkins Planning Commission , -� pursuant to published and mailed notices , held a public hearing on November 25 , 1986 , and continued to January 27 , 1987 ; all persons present at the hearing �rere 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 cIIP86-13 : 1 . That the canopy meets the conditions for a Conditional Use Permit . BE IT FURTHER RESOLVED , that application for Conditional Use Permit CUP86-13 is hereby approved subject to the following Condition : 1 . That the applicant provide proof of Liability Insurance holding the City free of all responsibility . _ Adopted this 3 day of February , 1987 . Ellen Lavin � Mayor — - ' i�-v—Go-u-n-c i (-R e p o r-t January 28 , 1987 CONDITIONAL USE PERMIT-MADDEN 15 - 8TH Avenue South PURPOSE: To reviex and recommend action on an application to construct a canopy at 15 8th Avenue South. BACKGROUND: See staff report to the Zoning and Planning Commission . The applicant , Mr . Madden , appeared before the commission . The only discussion on this item Was that the canopy met all the requirements for a Conditional Use Permit . RECOMMENDATION: The Commission approved the Conditional Use Permit unanimously with the folloWing ^ Findings of Fact : 1 . That the canopy meets the conditions for a Conditional IIse Permit and with the Condition : 1 . That the applicant provide proof of Liability Insurance holding the City free of all responsibility. Respectfully submitted , f �_ Nancy . Anderson Commun ty Development Analyst � -- ------ No. 8�-�2 _--1 Plannin� Commission Report CONDITIONAL USE PERMIT Dennis Madden - 13 - 8th Avenue South PLANNING COMMISSION REPORT N0: CUP86-13 November 12 , 1986 PURPOSE: To review and recommend action on an application for a Conditional Use Permit to construet a canopy. BACKGROUND• Name of Applicant : Dennis Madden Address of Property: 13 - 8th Avenue South Present Zoning: B-3 Nature of Request: Ordinance requires a Conditional Use Permit for a canopy projecting into the right-of-way. � Reason for Request : To shelter customers from the weather. The applicant is proposing to construet a canopy that is 8 '�" in height and 10 feet wide at the main entrance . A canopy is permitted , however , if the canopy projects into the public right-of-way a Conditional Use Permit is required . 427 . �42(9 ) requires the following: (a) no awning , canopy or marquee shall project into the public right-of-way nearer than 30 inches to the street , curb or curb line . (b) awnings , canopies or marquees shall have no part of the strueture other than supports nearer the ground surface than seven (7) feet . (c ) the arehitectural style of the awning , canopy or marquee shall be consistent with the building being served . (d) awnings , eanopy or marquees projecting into the required yards shall not be enclosed except with a transparent material permitting through vision . (e) all awnings , canopies or marquees built over the publie right-of-way shall be included in a liabi.lity insurance policy holding the City free � of all responsibility. N Q. CUP86-13 CUP86-13 `� Page 2 The submitted plan shows the proposed canopy 30 inches from the curb and the metal frame will be welded to the building . The canopy as proposed will only have the top covered . This canopy will not affect the remodeling plans at the north end of the building . The applicant has met all of the requirements for a Conditional Use Permit . RECOMMENDATION: I recommend approval of the Conditional Use Permit . The following are suggested Findings of Fact should the Commission recommend approval : 1 . The eanopy meets the conditions for a Conditional Use Permit Condition: 1 . That the applicant provide proof of Liability Insurance holding the City free of all responsibility. Respectfully submitted , v Nancy . Anderson Communi y Development Analyst �. i� CITY OF HOPKINS Hennepin County, Minnesota NOTICE OF HEARING The Zoning and Planning Commission of the City of Hopkins will hold a public hearing on Tuesday, November 25 , 1986 , at 7: 30 p .m. , in the Council Chambers of the City Hall to consider an application by Dennis Madden for a Conditional Use Permit to construct � canopy pro�ecting into the publie right-of-way at 13 - 8th Avenue South , the present site of Bursch ' s Restaurant . If you have any interest in this matter we ask that you attend this meeting. For further information contact James Kerrigan , Director of Planning & Economic Development , 935-847� , extension 159 • - � James D . Kerrigan Direetor of Planning & Economic Development To be published in the HOPKINS SAILOR , November 10 , 1986 . , a.. 4 J�oQ�`c�G Go��� ♦ �/' ����'���oF a eot�o oJQe�1����� G cQ�G� ��`�.9 6 1'3 eG Oe�6`�o �eli�pO�hC'l�es6�Qy0�`o�90Q04'�6�'p� < � t, �C 55�0�Qe`�`tiG�`�QQa�°oQ�°la�n�e``e ��:��s 4`��a F'° c�� acGo��oQ�.�a�ese �c �� ��ao�Go°5 J�oc 9�°�v°re Q yceg��e�a �a°�, �,`oe�o�`yo J����6 �ao'�'�o�v� �on�an�. �o aaa�s<<`�� J�t�•aJ<c,���o oc o��eo �t��y QJ�,�Q�eQae,�,��a �4`¢����e�°Q `GP� �r�eo�r J r ss ,`c�o �� �e Q.`n4+e a s o e �� � n 0 P0°,�`ec� `�.e�e�,��`S9. ,FQ�°�oQco Ft�`e�o es°,�e�F'*e SP�e���O`'`pQ ��pQ,OA A•e �c°;�9g6` . 93`'� �p,' � \