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CUP 85-01 � CITY OF HOPKINS Application for: Amendment of Zoning Ordinance Dat�: i/—/.;�- �±; Concept Review Condi tional Use Permi t �_ Case No:_ ��/��"- / Subdivision Approval Variance Fee: J,�; `�-` Waiver of Platting Requirements Date Paid: i/—/ '= - �'- 1. Street Loca ti on of Property: _ //U' �� ( ��,(,,, �, - ,� „ ,,�,} �__ 2. Legal Descri pti on of Property: 1 j r� L `/ I l � ? �- _� � �:�;� � C. � �- � � f� � G-� �3� S � s t �� , � ,�, „ ! , , 3. Owner: Name ti • l- ��, �j�r�� ,,, Address �a ,�, t_ Phone �j ��"- �j � �� 4. Applicants PJame: ��,� ` L_;.�� Address /� � �: ` ' Phone /��', J- 3 �� _�+ j .a. -I�L `� r I- � 7�O �, / T � \ i 5. Description of Request�-� (� ��,c �� c�, �:>er' ;� �,,> '�'" "/,',-�, �„ ,,�_ ,�,�a.� ,,,,�, �— �--� Zoning District Use 6. Present Proposed 7. Present Proposed <�� - �r_ �v+�� l- ��'i-f-,.>�;� �7. L� - �� r L� � �' —�=� � , -�--:1��- ��a�,�c r� r_�rr>�-� I ci�-��_� , . —;��.: 8. Reason for Request �v�.,,`; ��,.�� .� s , ;� ,,. , , ,� , , , �` „-.� �'�,�-> �'rJ �( �� `� � (1^ ��. �! 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: f4ap or plat showing the lands proposed to be changed "� ,�; a�,., .�� ,, � i�( ;�,.T " ,��, 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: � � �� liyL�-�,.�� r-� RECORD OF ACTION TAKEfd E3Y PLANNING & ZONING COP�MISSIOPd Date : 12/30/85 Application for Conditional Use Permit CASE N0: CUP85-1 PLANNING COMMISSION REC0�1MENDATIONS On the 30 day of December 19 85 , the action requested in the foregoing petition was approved ( ) disapproved x subject to the following conditions : recommend denial based on Findings of Fact : that the variances as needed wer disapproved. Chairman : CITY COUNCiL ACTION Approved X Denied by the Council this 7 day of January 19 86 Approved with following amendment: Approved Conditional Use Permit Resolution No. 86-3 with findings and conditions as stated in Resolution. (see attached) �' Clerk: � � � Following to be filled in by City Action of City Officials Chronolo Date I B Rec 'd by Bldg Dept. , Published by Bldg Dept.� � (On Pl . Comn. A enda ! � 9 , 12/30/85 • JK IPI . Comm. Postponementl . I �P1 . Comm. Action 12/30/85 JK ' See above I � � � I . jOn Council Agenda ' 1/7/86 ; JK I � _, , � , {Council Postponement ' , � � ! i ^ ' I Council Action ; 1/21/86 JK � Adopted Resolution No. 86-3 with conditions � NOTE: A Conditional Use Permit shall expire one year after i[ has been issued unless the use for which the permit has been granted is in effec[, except that, upon written application of the owner of the effected land for which the �>e nnit was granted prior [o the end of said year rnay request and the Council may grant an �--� RESOLUTION N0. 86-3 ( CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION MAKING FINOINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT CUP85-1 WHEREAS, an application for a Conditional Use Permit entitled CUP85-1 has been made by Han-San Lee, 1601 Mainstreet, for a Conditional Use Permit to operate a quick order restaurant at 1601 Mainstreet. WHEREAS, the procedural history of the application is as follows : 1. That an application for Conditional Use Permit CUP85-1 was filed with the City of Hopkins on November 12, 1985. 2. That the Hopkins Planning Commission reviewed such application on December 30, 1985. 3. That the Hopkins Planning C�mnission, pursuant to mailed notices, held a public hearing on December 30, 1985; all persons present were given an opportunity to be heard. � 4. 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 CUP85-1 : 1. That the use is a permitted use in a B-3 District. 2. That the front yard, side yard and parking variances were approved. BE IT FURTHER RESOLVED, that application for Conditional Use Permit CUP85-1 is hereby approved subject to the following conditions: 1. That the Conditional Use Permit be reviewed nine months after the remodeling has been completed. 2. Applicant provide at least four on-site parking spaces if it is determined necessary at time of review. 3. That the proposed business be operated as a take-out operation only, with no on-site seating. 4. That the addition of seating is sufficient cause for reviewing and amending the parking requirements. Adopted this 21st day of January 1986. � � i E en Lavin, Mayor � I � I --.�.:�_. . , .,;.,�- ..�.— . `�.-; � � . -ll" � _ �t ``� -- � _ - CITY OF HOPKII�IS -��- __.� . . _..._ r�� ..�.�....� - . Q�"'��- � December 17, 1985 CONDITIONAL USE REQUEST - 1601 MAINSTREET PLANNING COMPIISSION REPORT N0. CuP-85-1 PURPOSE: Recommend action on a Conditional Use Permit to operate a quick order restaurant at 1601 Mainstreet. BACKGROUND: The following is a summary of the pertinent information relative to this appli- cation: � Name of Applicant: Han-San Lee Address of Property: 1601 Mainstreet Present Zoning: B-3 Conditional Use Permit Requested : To operate a quick order restaurant The applicant is requesting a Conditional Use Permit to operate a quick order restaurant at 1601 Mainstreet, the current site of Phil ' s Deli . Ordinance 427.06 states a lawful non-conforming use in or on any location may be changed to a dif- ferent non-conforming use provided such new use is permitted in the zoning classi- fication applicable to such location or such new use is more restrictive and if a more restrictive use is selected , the location shall not return to the previous less restrictive use. The change is allowed since the new use is a permitted use within a B-3 district. The current structure has a one bedroom apartment and a two bedroom apartment. The applicant is proposing to remodel the one bedroom apartment into a kitchen. The ap- plicant is planning to rent the two bedroom apartment. Ordinance 427.36(S) requires the following for a quick order restaurant: " (a) conformance to all conditions stated in sub-section ' F' of this section except (d) (f) and (g) . (b) that the front yard and side yard shall be landscaped with the front yard not less than 20 feet and side yard not less than 10 feet. (c) that provisions be made to pick up the adjacent neighborhood daily relative to material initiated on the site. " � Sub-section F "(a) the site is designed and constructed to handle parking and traffic flow according to a plan submitted to and approved by the City. (b) the site drainage is designed and constructed according to a plan submitted to and approved by the City. (c) that screening be provided along the property lines to control headlight beams when abutting an "R" Residential District. �--� REPORT N0. CUP-85-1 Page 2 (e) the lighting shall be accomplished in such a way as to have no direct source of light visable from the public right-of-way or adjacent land in an "R" Residential District. ANALYSIS: The applicant has applied for three variances in conjunction with this Conditional Use Permit. The staffs biggest concern with this use on the site is the parking situation. Although the current use seems to have no problem, this use may present a traffic problem. I have recommended in the variance that the applicants situation be reviewed in six months or a year to review the parking situation as it exists. Also, if the applicant in the future plans to put tables in the restaurant he be re- quired to come before the Commission for an evaluation of the parking situation. ALTERNATIVES: l. Deny the Conditional Use Permit. 2. Approve the Conditional Use Permit with a review period. --� 3. Approve the Conditional Use Permit. RECOMP1ENDATION: I recommend approval of the Conditional Use Permit but that a formal review of the Conditional Use Permit and the parking variance be held by the Planning Commission nine months after the remodeling has been completed. � ��f(1�, ( �� '��l'��y 1 Nancy . Anderson, Analyst Commu 'ty Development � , i . � ) � � i sheJ r �--t, - ' .`P�ter iJfVe yiC¢r i / � J 2kir� `/ � �i5ft r '45I� X�SI�n I �\ �_ b21:w . /� •� iree8r � - @StfO� � \—� �� wor k pxs ,- I taDIE 1 _ � � I /� X ' L--� rao� � EXISTING DELI . _ ;��' 1 frya � �� •��`I' � no i .::_ �� I � 1 \ ��_ J � ��PY _ i!,; i � �` son wi � �� it } � _ ... . , , ___ --_=-_-�-_ --^ n _ _ _ � -._ _.r _ z - , . - - . _ _._ _._ __ _ _ �_. _ _ ----- ---- � , . �:- � ■ T";3°.�,:�.�;^9 ,^�,. revisions �O ers �nc special design for strumentotservic�,��a„a remaint the p�Operty ol Palm Brolhe�s.M ii a de• 7 ' HANSAN LEE �9,�°�«`"��'�'��"�° _ _ EGIUIPMENT AND DESIGN • �a��•� o, en9ineeriny , plar»,rql b Oereused br � u.,..1.i....�- AAi..»......a.. +�otne.P�oj.��wi�nado�. .� RESOLUTION N0. 86-3 � CITY OF NOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT CUP85-1 WNEREAS, an application for a Conditional Use Permit entitled CUP85-1 has been made by Han-San Lee, 1601 Mainstreet, for a Conditional Use Permit to operate a quick order restaurant at 1601 Mainstreet. WHEREAS, the procedural history of the application is as follows : 1. That an application for Conditional Use Permit CUP85-1 was filed with the City of Hopkins on November 12, 1985. 2. That the Hopkins Planning Commission reviewed such application on December 30, 1985. 3. That the Hopkins Planning Commission, pursuant to mailed notices , held a public hearing on December 30, 1985; all persons present --� were given an opportunity to be heard. 4. 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 CUP85-1 : 1. That the use is a permitted use in a B-3 District. 2. That the front yard, side yard and parking variances were approved. BE IT FURTHER RESOLVED, that application for Conditional Use Permit CUP85-1 is hereby approved subject to the following conditions : 1. That the Conditional Use Permit be reviewed nine months after the remodeling has been completed. 2. Applicant provide at least four on-site parking spaces if it is determined necessary at time of review. 3. That the proposed business be operated as a take-out operation only, with no on-site seating. 4. That the addition of seating is sufficient cause for reviewing and amending the parking requirements. Adopted this 21st day of January 1986. �� Ellen Lavin, Mayor