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VN 87-06 \ , _ , a CITY OF HOPKINS � Application for: Amendment of Zoning Ordinance Date: '-- �`�- = ! Concept Review Conditional Use Permit Case No: � `,i '� ��- - Subdivision Approval � Variance X Fee: '-�'' �V Waiver of Platting Requirements Date Paid. - -:j- '� 1. Street Location of Property: 101 Jefferson Ave South 2. Legal Descri pti on of Property: See Attached 11840 Valley View Rd. 3. Owner: Name Super Valu Stores, Inc . Address Eden Prairie, MN Phone 828-4261 4. Applicants Name: David Linner Address Same As Owner Phone 828-4524 5. Description of Request: Allow increase in building height of 6 ' -0" above average mean grade elevation at building. � Zoning District Use 6. Present Proposed 7. Present Proposed I-2 I-2 Distribution Center Same 8. Reason for Request It' s not economical to operate a freezer warehouse with a building height of less than 43 ' . 9. What error, if any, in the existing Ordinance would be corrected by the proposed amendment? (for Zoning Ordinance amendment only) NA 10. If request is for a variance, what hardship would justify approval (see 427.04(108) of the Zoning Ordinance) . SEE #8 11. Exhibits submitted: f�ap or plat showing the lands proposed to be changed Floor Plan, site Plan Other & Elevations Submitted. '. 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 Ord'nances of the City of Hopkins and the laws of the State of Minnesota. . . Signature of Applicant: Cinnatiiro nf (l�.�nnv�• �,� RECORD OF ACTION TAKEfJ BY PLANNING & ZONING COP�MISSIOPd "'� Date: 5/26/87 Application for Variance for Height CASE N0: VN87-6 PLANNING COMMISSION RECOP1MENDATIONS On the 26 day of Ma 19 87 , the action requested in the foregoing petition was approved ( X) disapproved subject to the following conditions : Recommend approval of variance with no conditions placed on reques Chairman: CITY COUNCIL ACTION Approved �_ Denied by the Council this 2 day of June 19 87 Approved with following amendment: Approved as recommended by Zoning & Planning Resolution No. 87-50 c � � C 1 e r k: --� � J�i� � � "`.'L--� 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 . Comn. Agenda 5/26/87 JK P1 . Comm. Postponement , � � Pl . Comm. Action 5/26/87 JK Recommend approval as requested �On Council Agenda 6/2/87 JK � � ��Council Postponement j � ' --�. i Council Action 6/2/B7 j JK Approved as recommended - Resolution No. 87-50 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 permit was granted prior to the end of said year may request and the Council may grant an exf.Pncinn nnt tn PYf PPA nno vPar �� RESOLUTION N0: 87-50 CITY OF HOPKINS HENNEPIN COUNTY , MINNESOTA RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR VARIANCE VN87-6 WHEREAS , an applieation for a Varianee entitled VN87-6 has been made by Super Value Stores , Ine . 101 Jefferson �venue South , to allow inerease in building height . WHEREAS , the procedural history of the application is as follows: 1 . That an application for Variance VN87-6 was filed With the City of Hopkins on May 15 , 19a7 • 2 . That the Hopkins Planning Commission reviewed suoh appliaation of May 26 , 1987 • `� 3 • That the Hopkins Planning Commission , pursuant to mailed notices , held a publia hearing on May 26 , 1987 ; all persons present at the hearing were given an opportunity to be heard . � � . That the written aomments and analysis of the City Staff and the Planning Commission were oonsidered . NOW THEREFORE BE IT RESOLVED , that the Hopkins City Couneil makes the following Findings of Fact in respect to VN87-6 : 1 . That the limitation of 35 feet in height within the ordinanae is inadequate and perhaps should be revised to �5 feet . 2 . The varianoe would not cause a hardship on surrounding properties . BE IT FURTHER RESOLVED , that application for Variance VN87-6 is hereby approved sub�ect to the folloWing Conditions: 1 . That the Conditional Use Permit is granted . Adopted this 2nd day oP June , 1987 . � Ellen Lavin , Mayor � Citv Counci [ RePor � May 27 , 1987 CONDITIONAL USE PERMIT - VARIANCE Super Valu Stores , Inc . PURPOSE: To revieW and recommend action on an application Por a Conditional Use Permit to construot a freezer addition and a variance for the height of the struature . BACKGROUND: See staff report to the Zoning and Planning Commission . The Commission considered the Conditional Use Permit and Varianee together. Dave Linner, representing Super Valu , appeared before the Commission and presented the plans for the addition . He noted � that the present offices are higher than the proposed freezer. An ad�acent property owner appeared before the Commission . His main coneern Was the noise created at the site . The staff stated that the sound wall that is to be built should take care of most of the noise problems . This Hall Will be started this summer. RECOMMENDATION: The Commission recommended unanimously to approve the Conditional Use Permit With the folloWing Findings oP Faet ; 1 . That the proposed addition meets the requirements for an I-2 Distriot . 2 . That the proposed addition meets the requirements Por a Conditional Use Permit . The Commission recommended unanimously to approve the height variaaee With the folloxing Findings of Fact and Conditions : �. - -- 87-122 � No. Council Report 87-122 Page 2 � 1 . That the limitation of 35 feet in height xithin the ordinanoe is inadequate and perhaps should be revised to 45 feet. 2 . The varianae Would not cauae a hardship on surrounding properties. . Conditions: 1 . That the Conditional Use Permit is granted . Respectfully submitted , Nancy . Anderson Commun ty Development Analyst �� �� � P[annin� Cornmission Repor t VARIANCE - SUPER VALU 101 Jefferson Avenue South PLANNING COMMISSION REPORT: VN87-6 MAY 21 , 1987 PURPOSE: To review and recommend action on a 6 foot height variance . BACKGROUND• Name of Applicant : Super Valu Stores Inc . Address of Property: 101 Jefferson Avenue South . Present Zoning: 1-2 Nature of Request: Height variance of 6 feet Reason for Request: Not economical to operate a freezer warehouse with a building � height of less than 43 i'eet . The applicant is proposing to construct a new rreezer addition whieh is 43 feet in height . A Conditional Use Permit has also been applied for. The proposed freezer addition will be 43 feet high. The maximum height for an I-2 District is 35 feet , but because the mean ground level is determined by . the elevation of the building that has frontage on a public road , the addition will only require a 6 foot variance . Recently Merchants was approved for a freezer addition whieh was over 35 feet , but because the mean ground level was lower the addition met the height requirements . ANALYSIS: The maximum height for a building in the industrial districts is 35 feet . Merchants did not need a variance because of the elevation of their building , but their new freezer is higher than 35 teet . It seems that the 35 foot height is not a practieal height because of changing standards within the � No . VN87-6 Page 2 � industry. The zoning ordinance should be changed to a height of 45 feet . Super Valu does have buildings on the site over 35 feet . The office building is 44 feet high. It was built before the present ordinance was enacted . The visual impact f'or the surrounding neighborhoods should be minimal . The residents view along Monroe will be bloeked by the other buildings on the site and the Edina residents will have a sound barrier constructed to bloek their view. If the variance is denied , Super Valu will probably expand the building to aceommodate the lost space . ALTERNATIVES: 1 . Approve the variance 2 . Deny the variance 3 . Continue for further information RECOMMENDATION: I recommend Alternative �1 . The following are suggested Findings of Fact should the Commission recommend approval : 1 . That the limitation of 35 feet in height � within the ordinance is inadequate and perhaps should be revised to 45 feet . 2 . The variance would not cause a hardship on surrounding properties . Conditions : 1 . That the Conditional Use Permit is granted . Respeetfully submitted , �rrx�,���Y Nancy . Anderson Community Development Analyst � FOR VARIANCE APPLICATION ONLY � NOTE: The purpose of a variance is to provide relief to a property owner when the strict enforecment of the Zoning Ordinance would cause an undue hard- ship to the property owner or deny reasonable use of the property. Har� to the applicant is the crucial test. Variances will be granted only in unusual situations which were not foreseen when the Zoning Ordin- ance was adopted. Economic situations are seldom unique and are rar�ly considered a valid hardship. Hardship A. Explain why strict enforcement of the Zoning Ordinance would cause undue hardship: It is not cost justifiable to build freezer with lower storage height. This forces Super Valu to use more of their scarce property for building if they can ' t increase the height. � �. Condi tions B. What are the special conditions (shape of lot, exceptional topographic conditions, etc. ) of this request that are unique to this property and do not apply generally to other properties in the district? The high overpass on County Road 18 borders the property to the west. Super Valu' s office building is higher at 44 ' w/8 ' penthouses above this . The freezer location is set back on the site away from any residential areas. List of Homeowners Contacted by Applicant C. Submit a list of names and addresses of neighbors contacted. � ��' ,� �� Vy� .��s � C I T Y O F H O P K I N S MEMORANDUM DATE: May 20 , 1987 T0: Property Owners Adjacent to Super Valu Stores Inc . FROM: Community Development Department SUBJECT: Freezer Addition at Super Valu Stores Ine . — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — In reviewing the site plan for the freezer addition at Super Valu , it was diseovered that a 6 foot height variance would be required for the freezer addition . Super Valu has applied for a variance and this application will be heard along with the application for a Conditional Use Permit on �. May 26 , 1987 at the Zoning and Planning meeting. If you have any questions please eontact Nancy Anderson or James Kerrigan at 935-847�+ • � 1010 First Street South,Hopkins,Minnesota 55343 612/935-8474 An Equal Opportunity Employer