VN 87-05 � a
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CITY OF HOPKINS
�--- Application for: Amendment of Zoning Ordinance Date: ,�— �— ;�1� ,
Concept Review
Conditional Use Permit Case No: �1/`�! �7-'�
Subdivision Approval
�,�..
Variance x Fee: A_`�C�- --
Waiver of Platting Requirements
Date Paid: �_S— / —� �j
1. Street Location Of Property: Northwest Corner, Intersection First Street South and Eleventh Avenue South
2. Legal Descri pti on of Property: �ots ii, i2, is, i4, i5, i6> v, is, i9, 20, 2i, 22, and South half
Of Lots 10 and 23, Block 7, West Minneapolis
3. Owner: Name c;ty of Hopkins Address Phone
331 Second Avenue North
4. Appl icants Ndme: . Baton Corporation Address Minneapolis, MN 55401 Phone (612) 341-2886
5. Description of Request: See Attached
Zoning District Use
�— 6. Present Proposed 7. Present Proposed
R-5 R-5 Single Family Multiple Family
8. Reason for Request construction of one of the following alternatives:
Alternate A: 48 Townhomes with tuck under garages;
Alternate B: 32 Townhomes with tuck under garages and 26 condo flats with central garage.
9. What error, if any, in the existing Ordinance would be corrected by the proposed
amendment? (for Zoning Ordinance amendment only)
N/A
10. If request is for a variance, what hardship would justify approval (see 427.04(108) of
the Zoning Ordinance).
See Attached
11. Exhibits submitted:
��ap or plat showing the lands proposed to be changed
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 e Ordinances of the City of Hopkins and the laws of the
State of Minnesota.
Signature of Applicant: � •
Signature of Owner:
.
RECORD OF ACTION TAKE�J BY PLANNING & ZONING COP�MISSION �
Date: 5/26/87
Application for Variances
CASE N0: VN87-5
PLANNING COMMISSION REC0�1MENDATIONS
On the 26 day of MaY 19 87 , the action requested in the foregoing petitior
was approved ( � disapproved subject to the following conditions:
Recommend approval of variances with the Conditions : 1. That alle 7 re vacated,
2. That the Condiitonal Use Permit is granted.
Chairman:
CITY COUNCIL ACTION
Approved X Denied by the Council this 2 day of June 19 87
Approved with following amendment: Approved as recommended by Zoning & Planning
Resolution No. 87-52
C 1 e r k: � ��'� '1�-�.'�-�,� --�
Following to be filled in by City Action of City Officials
Chronolo Date B �
Rec'd by Bldg Dept. _
Published by Bldg Dept.
On Pl . Comm. Agenda 5/26/87 JK
Pl . Comm. Postponement
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P1 . Comm. Action � 5/26/87 JK Recommend approval of variances with Conditions
stated above.
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�On Council Agenda 6 2 87 JK
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;Council Postponement ; �
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Council Action � 6/2/87 i JK Approved as recommended by Zoning & Plannin��
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
P
RESOLUTION N0: 87-52
` CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
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RESOLUTION MARING FINDINGS OF FACT AND APPROVING
APPLICATION FOR VARIANCES VN87-5
WHEREAS, an application for Variances entitled
VN87-5 had been made by Baton Corporation, to construct a
� condo/townhouse pro�ect on a portion of Block 7, West
Minneapolis.
WHEREAS, the procedural history of the application
is as folloxs:
1 . That an application for Yariances YN87-5 uas filed
xith the City of Hopkins on May 1 , 198T•
2. That the Hopkins Planning Commission reviewed such
applioation on May 26, 1987•
3. That the Hopkins Planning Commission, pursuant to
published and mailed notices, held a publio
hearing on May 26 , 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 Council makes the following Findings of Fact in respect
to VN87-5:
1 . That a unique circumstanee exists due to the
extensive amount of frontage on public streets.
2. The Ordinance does not adequately address present
trends of residential development in the Central
Business District and that the variances xill be
�, approved on the basis that the pro�ect is being
proposed rrithin a transitional period of the City
eonsidering an ordinance xhich vould eliminate the
necessity for the sub�ect variances.
3. The HRA in their request for proposal stated that
they wanted, from an architectural standpoint,
ttth Avenue should be treated as the front yard
even though this is not the front yard by
ordinanee.
4. Arohitect, parking and design constraints,
requested by the City Council make variances from
the ordinance required.
5• That the price paid for the site would necessarily
decrease with a lower unit count; if the site
price remains the same the price of the units
would rise and, therefore, put the pro,ject
potentially on a slor+er development traek; the tax
base return to the City vould be adversely
aPfected with a loxer unit count.
6. By significantly reducing the density, the
vitality oP the pro,�ect design would be
diminished; if more conventional spacings and
setbacks were to be incorporated, the overall
arohitectural statement would lose some of its
unique appeal within the buy marketplace for 'edge
of downtown" toWnhomes.
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7. That the granting of the variances would ❑ot
adversely affeot the surrounding area.
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BE IT FURTHER RESOLVED, that application for �
Variances YN87-5 are hereby approved sub�ect to the
following Conditions:
1 . That the Conditional Use Permit is granted.
2. That the alleys in Block 7 are vacated.
Adopted this 2nd day of June, 1987•
Ellen Lavin, Mayor
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Citv Counci [ Report
May 27 , 1987
CONDITIONAL USE PERMIT � YARIANCES
Baton Corporation
PURPOSE: To revieW and recommend action on an
application for a Conditional Use Permit and Variances .
BACKGROUND: See staff report to the Zoning and Planning
Commission . Randy Ze�dlik and Dick Gilyard appeared
before the Commission and reviewed the proposed plan.
Mr . Gilyard stated that they are proposing oWner
oecupied townhomes with starting price of approximately
$75 ,000 . The owner Will have the option oP designing
the interior of the toWnhomes .
Mr. Gilyard stated the varianees are needed to provide
more parking and also from a design perspective .
� Mr. Gilyard also presented the alternative plan With 26
condos and 32 toWnhomes . This alternative plan will
provide the site some flexibility in design to respond
to market changes .
Tom Grossman of Suburban Chevrolet Was coneerned With
the trees on the north side of the property Whioh abuts
his property. They have experieneed problems With sap
falling from the trees and ruining the paint on the
cars . The staff would recommend that a condition be
added to amend the landscaping plan .
The proposed development Will be in four phases ,
starting at the southeast aorner of the block and move
in a cloekWise direction .
The Commission recommended to the Counail that the
ordinanee be looked at and possibly ehanged to provide
some flexibility in setbacks Por development suoh as I
this one in the downtoWn area. The PUD provisions of
the zoning ordinance may be able to be amended to allox
this flexibility.
The Commission approved unanimously the Conditional Use
Permit with the folloKing Findings of Fact and
Conditions :
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N o. 8�-�24
Council Report 87-124
Page 2
� 1 . That the development meets the requirements
for a P. U.D.
2 . That the development meets the requirements
of a Conditional IIse Permit .
Conditions:
1 . That the requested varianaes are approved .
2 . That the applicant seoures oWnership oP the
property
3 • That both plans are aceepted
� . That the applicant provide an aceess plan for
the first two phases .
5 . Landscape plan be amended to provide proper
screening but not infringe on the property to
the north.
The Commission unanimously approved the requested
variances With the folloWing Findings of Fact and
Conditions:
1 . That a unique circumstanee exists due to the
extensive amount of frontage on public
streets .
2 . The HRA in their request for proposal stated
�-- that they Wanted , from an arehitectural
standpoint , 11th Avenue should be treated as
the front yard even though this is not the
front yard by ordinance .
3 . Architect , parking and design constraints ,
requested by the City Couneil make varianees
from the ordinance required .
4 . That the price paid for the site xould
necessarily decrease with a loWer unit count;
if the site price remains the same the priee
of the units Would rise and , therefore , put
the pro�ect potentially on a sloWer
development track ; the tax base return to the
City Would be adversely affected With a loKer
unit eount .
5 . By significantly reducing the density , the
vitality of the pro�ect design would be
diminished ; if more eonventional spaaings and
setbaeks Were to be ineorporated , the overall
arehitectural statement would lose some of
its unique appeal within the buyer
marketplace for ' edge of doWntoWn' toWnhomes.
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Council Report 87-124
Page 3
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6 . That the granting of the varianaes Would not
adversely affeat the surrounding area.
7 . That the ordinanoe does not adequately
Paoilitate a high density residential
development in the CBD of this type.
Conditions:
1 . That the Conditional Use Permit is granted .
2 . That the alleys in Block 7 are vacated .
Respeetfully submitted �
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Nanoy . Anderson
Community Development
Analyst
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�- �P[annin� Cornmission Report�
VARIANCE REQUEST - BATON CORPORATION
Block 7
PLANNING COMMISSION
REPORT N0: VN87-5 MAY 19 , 1987
PURPOSE: To review and recommend action on variances
for setbaeks and building coverage for residential
Planned Unit Development .
BACKGROUND •
Name of Applicant: Baton Corporation
Address of Property: Block 7
Present Zoning: R-5
Nature of Request : 20 foot front yard
variance , 5 foot side yard setback varianee ,
19 foot rear yard setback varianee , 26 foot
variance for distance between buildings and a
2� or 15 $ variance for building coverage .
� Reason for Request : Construetion of 48
townhomes or 32 townhomes and 26 eondos .
The applicant is requestin� five varianees in
conjunetion with the construction of either 48
townhomes or 32 townhomes and 26 condos . The applicant
has also applied for a Conditional Use Permit to
construct these units .
The five varianees requested are:
20 ' variance of required 30 ' front yard setback
5 ' varianee of required 15 ' side yard setback
19 ' varianee of required 25 ' rear yard setback
26 ' variance of required 36 ' distanee between
buildings
2� variance of maximum building coverage of 30%
for Alternate ' A' ( townhomes)
15� varianee of maximum building coverage of 30�
for Alternate ' B' (townhomes/condos)
The front yard is along First Street South , the rear
yard abutts Suburban Chevrolet and 11th and 12th _
Avenues are the side lot lines .
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No.
VN87-5
Page 2
� The applicant has tried to vary the depth of the
townhomes to achieve an overall feeling of open space
and riehness of pattern. The units could be placed in
a straight line to achieve the separation requirements
of the ordinanee but with a straight configuration
there would be a "row house" type look . This
development could meet all the ordinance requirements ,
but the results would be somewhat unappealing . The
units would be pushed further into the site , there
would be less parking and open space in the interior.
The applicant is orienting the front of the development
towards 11th Avenue as request by the RFP , but by
ordinance , the front yard is First Street South. There
is a greater setbaek along 11th Avenue than First
Street south .
The great amount of fronta�e the site has makes it more
difficult to design a development because of the
exposure to the streets . The applicant has provided
that all parking will be within the interior of the
site to provide a clean outward appearance .
The HRA Board has stated that they would like to see
the project provide parking over and above ordinance
requirements . By strietly meeting the required 1 .2
� ratio , the building could be pulled more into the
center of the site and would probably meet setback
requirements . Finally, by eliminating a couple of
units , the applicant could meet building coverage
requirements . However , this would reduce the amount of
tax increment returned to the Authority to pay the
publie costs .
ALTERNATIVES•
1 . Approve all the requested variances
2 . Deny all requested variances
3 . Partially approve the variances and deny
others
4 . Continue for further information
RECOMMENDATION: I recommend Alternative �1 . The
following are suggested Findings oF Fact and Conditions
should the Commission recommend approval :
1 . That a unique cireumstanee exiats due to the
amount of frontage on the bloek .
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VN�7-5
Page 3
� 2 . The HRA in their request for proposal stated
that they wanted , from an architeetural
standpoint , 11th Avenue should be treated as
the front yard even though this is not the
front yard by ordinance
3 . Architect and design constraints , requested
by the staff, make variances from the
ordinanee required .
Conditions :
1 . That the Conditional Use Permit is granted .
Respectfully submitted ,
" Il
Nancy . Anderson
Commu ity Development
Analyst
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