04-27-1976 A regular meeting of the Hopkins Zoning and Planning Commission was held on
Tuesday, April 27, 1976, at 7:30 p.m. in the Council Chambers of the City Hall.
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Present were Chairman Arnold, members Gaskell, Hance, Moll, Morrill, Slaton and
Stefan. Also present were City Enqineer Strojan, City Planner Hawks and Zoning
Administrator Kohnen.
Item: Approve and sign minutes of February 24, 1976 meeting.
Action: Mr. Gaskell moved and Mr. Arnold seconded a motion to approve the minutes
of February 24, 1976 meeting. Motion carried.
Item: Preliminary review of plans for an apartment complex to be located at the
SW corner of 7th Street & 9th Avenue South continued from February 24, 1976
meeting for further information on the following points:
l. legal opinion on status of previously issued Conditional Use Permit
2. adherence to pending flood plain ordinance
3. soil information
4. conformance to proposed zoning ordinance
Answers: l. The zoning Ordinance now in effect does not have a provision stipulating
that a Conditional Use Permit when not fulfilled within a specific time
period will become void. It is the o�inion of the City Attorney that the
�. Conditional Use Permit is valid and the apartment may be constructed accord-
ing to the conditions approved on the permit.
2. Conformance with the flood plain ordinance can not be carried out for
the ordinance approved and recommended to the Council and approved to the
Council was referred to the City Attorney for review and drafting into
ordinance form and has not returned for publication. Thus, we have no
ordinance at this time.
3. Soil tests were submitted with the buildinq plans in 1970 and are on file.
4. Conformance to the proposed zoning ordinance also is inappropriate in as
much as it is not a legal ordinance at this time and with the validity of
the permit would not apply if it was.
Action: Mr. Ogdahl (builder) was sent on to the City Council with no action from
the Zoning and Planning Commission. Mr. Ogdahl also was requested to bring
in a landscape plan when he applies for a building permit for the Zoning
and Planning Commission to review.
Case No: 76-01 Request for a variance to the sign ordinance to permit a sign to
extend more than 6' above the roof of a building and to exceed the square
footage allowed at Donovans Furniture, continued from February 24, 1976
meeting.
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Mr. Harriman, attorney for ponovans Furniture, requested a new assessed
valuation of the Donovan Sign.
Action: Mrs. Moll moved and Mrs. Morrill seconded a motion to continue this item
until the May 25, 1976 meeting and requested that staff get a legal written
opinion by May 18, 1976 and send a copy to Mr. Harriman. Motion carried.
Case No: 76-06 Hearing on an application by Mr. Rudy Luther to rezone from R-4
Multiple Family Residence to B-3b General Business District the property
located at the northeast corner of Blake and Excelsior Avenue.
Mr. Harvey, attorney for Mr. Luther requested a continuance to complete
planning of the remainder of the open property.
Action: Mrs. Moll moved and �r. Slaton seconded a motion to continue this item to
the May 25, 1976 meeting. Motion carried.
Case No: 76-07 Hearing on an application for a variance to the sign section of the
ordinance relating to overhang of sign above public right-of-way at 621
East Excelsior Avenue.
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Action: Mrs. Moll moved and Mr. Stefan seconded a motion to recommend to the City
Council denial of the request for a sign variance for J's Pizza. Motion
carried. Mr. Arnold suggested that Mr. Gerrson look into the possibility
of putting the sign on the roof of the building.
Zoning and Planning minutes of April 27, 1976 continued.
� Item: Public hearing on the proposed upgrading of the intersection of Minnetonka
Boulevard and County Road No. 73 by Hennepin County.
Petitions from the neighborhood residents were submitted and the President
of Bellgrove Association explained the feeling of the residents. Mr. Dennis
Hanson from Hennepin County explained why the intersection should be up-
graded. Many residents also spoke against the upgrading.
Action: Mrs. Moll moved and Mr. Stefan seconded a motion to recommend to the City
Council disapproval of the plans to upgrade the intersection. Motion
carried.
Case No. 76-09 Request for Waiver of Platting requirements to allow division of
Lots 3, 4 & 5, Block 1, Drillane, also known as 617 and 707 Drillane Road.
Action: Mrs. Moll moved and Mr. Gaskell seconded a motion to recommend to the City
Council that a waiver of the platting requirements be granted. Motion
carried.
Mr. Hawks suggested that the cost of respreading existing assessments be
paid by the seller because the street frontage is being changed.
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Item: Preliminary review of plans for a Photo Pickup Store to be located across
the street east of Rossi Imported Auto Parts 1021 East Excelsior Avenue.
Action: Mr. Stefan moved and Dr. Slaton seconded a motion to recommend approval
to the City Council of the Photo Store plans. Mrs. Morrill recommended
that a letter be submitted that the employees of the Photo Store be allowed
to use the rest rooms of the adjacent store. Mr. Mammen of Cricket Photo
agreed. Motion carried.
Item: Preliminary review of plans for Magoo's Table Tennis Club to be located at
317 West Excelsior Avenue.
Action: Mr. Gaskell moved and Mrs. Morrill seconded a motion to recommend to the
City Council approval of a table tennis club at 317 West Excelsior Avenue.
Motion carried.
Item: Review of plans for Millwork Inc. , 140 Washington Avenue South for an office-
shop addition to their building.
Action: No action taken on this item.
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Item: (Not on the Agenda) . Mr. Finke of Advance Packaging Corporation located
at 21 Harrison Avenue North asked for a clarification of his side and front
yard property lines. He would like the west side of his building to be the
front yard. Mr. Hawks, City Planner, didn't have the answer due to the
location and shape of this property. He said this probably would be a
judgement decision.
Action: Mr. Stefan moved and Mr. Gaskell seconded a motion to pass this item on
to the City Council for their decision on lot lines. Mr. Hawks is to
provide the Council with information so they can make a decision. Motion
carried. Mrs. Moll, nay; Mrs. Morrill, nay; Mr. Gaskell, nay; Mr. Hance,
yea; �r. Slaton, yea; Mr. Stefan, yea; Mr. Arnold, yea.
Item: Parking ramp or lot on north side of Excelsior Avenue.
It was agreed on that the 2oning and Planning Commission and the West
Suburban Chamber of Commerce Parking Committee meet on Wednesday, May 12,
1976, at 7:30 p.m. in the Council Chambers. Charts are to be in the
chamber and notices sent out by staff.
�— Item: Flood Plain Ordinance.
Mr. Stefan requested that staff get the Flood Plain Ordinance to the
Council to pass or find out the status of it. Also check D.N.R. on
Zoning and Planning minutes of April 27, 1976 continued.
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the Flood Plain status.
Item: Mr. Gaskell moved and Mrs. Moll seconded a motion to have Mr. Hawks
prepare an amendment to the Conditional Use Permit section of the
Zoning Ordinance to include a one year expiration clause. Motion
carried.
Item: Open meeting law.
Mr. Stefan requested Mr. Hawks to get a legal opinion on how the open
meeting law effects Zoning and Plannina meetings for the next Zoning
and Planning meeting.
Item: Mrs. Moll requested Mr. Hawks to contact Mr. Feltl and explain to him
when the zoning district in southwest Hopkins was changed from R-6
to R-3.
Action: Mrs. Moll moved and Mr. Gaskell seconded a motion that the meeting
be adjourned. Motion carried.
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David Arnold, Chairman
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(Official Publication)
CITY OF HOPKINS
MINNESOTA
�.. NOTICE OF HEARING
WHEREAS, the Zoning and Planning Commission of the City of Hopkins
has ordered a hearina on an application to rezone from R-4 Multiple Family
Residence to B-3b General Business District the following described property:
Lot 76, Auditor's Subdivision Number 239, Hennepin County, Minnesota,
except the East 635.00 feet and except the Northwesterly 30.00 feet
of the remainder of said property.
Which lies Southerly of the followina described line:
Commencing at the southeast corner of the above described property;
thence on an assumed bearing of North, along the east line of said
property, a distance of 353.01 feet to the beginning of the line to
be described; thence on a bearing of West a distance of 25.00 feet;
thence North 25 degrees 23 minutes and 20 second �4est a distance of
13.00 feet; thence South 64 degrees 36 minutes and 40 seconds West
a distance 227.39 feet; thence westerly a distance of 90.79 feet
along a tanaential curve concave to the north having a radius of
187.00 feet and a central angle of 27 degrees 49 minutes and 07
seconds; thence tlorth 87 degrees 34 minutes and 13 seconds inTest,
`.. tangent to said curve, a distance of 271.32 feet to the west line
of said Lot 76, and said line there terminating.
Subject to and together with two 26 foot easements for roadway
purposes over and across the property.
Further described as the open property located at the Northeast
corner of the intersection of Blake Road & Excelsior Avenue.
NOW, THEREFORE, it is hereby ordered that the Zoning and Planning
Commission of the City of Hopkins will hold a hearing on said rezoning in
the Council Chambers of the City Hall of the City of Hopkins on April 27,
1976, at 7:30 o'clock p.m.
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Raymond Kohnen
Zoning Administrator
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Published in the HOPKINS SUN, April 14, 1976
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