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VN 87-03 b '� _ � CITY OF HOPKINS �APPLICATION FOR: AMENDMENT OF ZONING ORDINANCE DATE: ( - 3 �� CONCEPT REVIEW CONDITIONAL USE PERhiIT CASE N0: V/U � 7— �_ SUBDIVISION APPROVAL VARIANCE [� FEE: ��f�- � WAIVER OF PLATTING REQUIREMENTS DATE PAID: r�� '-•�� ; _ � , �� , 1. Street Location of Property: iu�5�' 2. Legal Description of Property: p • . C � � ( 3. Owner: Name{�tCd � � - C s, f�Addresst�- Q�6'��Tc(-��1Pct� Phone ��-�(�� ( � ��; r 4. Applicant's Name:�i�c� �F.s � ` `r2 •, Address y`�� 1,� - 7 c)c�Qr��" Phone ?�6' ( ��-� 5. Descri pti on of Request: �f�.'�z t��J C� �f�a� �'��<<C "� ��`L `�� '�" � ,_ / , a�. S� � 'x'�; 1 �` �,� <CCC �-U � i L� � �� - oning District Use sc�f�; " Present_ Proposed 7. Pr sent- / Proposed - . — � °%�,�� l�S.��(c� �e�-��A��f-- 8. Reason for Request: U� S�' � �� C� (,� l� c� �E'f�4 l �4 � �C'_� � ' �'�� - �� OTE: If request is for iance, please also c lete attached page. 9. What error, if any, in the existing Ordinance would be corrected by the proposed amendment? (for Zoning Ordinance amendment only) 10. Exhibits submitted: Map or plat showing the lands proposed to be changed � Other 11. Acknowledgement and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Hopkins to take the action herein requested, that all statements herein are, �rue and that all� wor herein mentioned will be done in ac- cordance with the Ordinances , th City of Hop i nd the laws of the State of Minnesota. Si gnature of Appl i cant: '(./ '��-- '� , � Signature of Owner: ` _ � RECORD OF ACTION TAKEN BY PLANNING & ZONING COMMISSION � Da te: 5/28/87 Application for Variance-square footage of sales lot CASE N0: VN87-3 PLANNING COMMISSION REC0�1MENDATIONS On the 28 day of April 19 87 , the action requested in the foregoing petition was approved ( X) disapproved subject to the following conditions : Recommend approval with Findings of Fact :l. unique circumstance is to hape of lot;2. 20 ft. setback would restrict the use of the property; buil 'ng on site would restrict use of property; Conditions : 1.Applicant be gr nted P to e sales lot; 2.Variance be reviewed if applicant does Chairman: not least abuttin roperty. CITY COUNCIL ACTION Approved X Denied by the Council this 5 day of Ma,Y 19 87 Approved with following amendment: Approved as recommended by Zoning & Planning Resolution No: 87-37 y � --� C 1 e r k: �' • �`--c�� '� �✓��-��—�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 P1 . Comm. Agenda Pl . Comm. Postponement Pl . Comm. Action 4/28/87 JK Recommend approval as stated above On Council Agenda 5/5/87 JK Council Postponement � f � -� r Council Action 5/5/87 JK Approved as stated in Resolution No: 87-3% � Citv Counci ( Report April 29 , 1987 VARIANCES � CONDITIONAL USE PERMIT Rudy Luthers Hopkins Motors PURPOSE: To review and recommend action on applications for variances for the square footage of the sales lot to exceed the square footage of the building , a 15 foot front yard variance and a Conditioaal Use Permit for an Auto Sales Lot . BACKGROUND: See staff report to Zoning and Planning Commission . The Commission considered the variances and Conditional Use Permit together . Mr. John Simons , representing Rudy Luthers Hopkins Motors appeared before the Commission . He stated that the proposed lot � will be used for used cars because many customers that go to the neW car showroom are looking for a used car and the used car lot is not visible from the neK car sales lot . The new lot Will be visible from the neW car sales lot. The proposed used car sales lot Will be a mirror image of the ner+ car sales lot . He also stated that they are predicting that 90� of the customers r+ill go to the neW car shoWroom and then walk over to the used car lot . It was noted that landscaping will be added betWeen the car lot and Dow Tor+ers xith a 5 foot chain link fence . I' I RECOMMENDATION: The Commission voted unanimously to ' recommead approval of variances for the square footage of the building and a 15 foot front yard variance r+ith the folloWing Findings of Fact: 1 . That a unique circumstance is present due to the shape of the property. � 2 . A 20 foot setback would restrict the use of � the property. ' � 3 . That a building on the site Would restrict I the use of the property . � i and With the Conditions: i 1 . That the applicant be granted a Conditioaal � Use Permit to operate an Auto Sales Lot . ---�--- � . .� N Q. 87-93 Council Report 87-93 Page 2 �-- 2 . That the variances be revieWed if the applicant does not lease the abutting right- of-Way property. The Commission voted unanimously to recommend approval of the Conditional Use Permit to alloW an Auto Sales Lot with the folloWing Findings of Fact: 1 . That an auto sales lot is an efficient use of the site . 2 . That an auto sales lot is a a permitted use in a B-3 District . and With the Conditions : 1 . That the requested variances are granted . 2 . At such time as the County makes a final determination on the implementation of light rail transit or should the applicant loose the lease to the County property , the Zoning and Planning Commission should have the opportunity to revieW the appropriateness of the Conditional Use Permit . Respectfully submitted � � . � Naney Anderson Community Development Analyst �� RESOLUTION N0: 87-37 CZTY OF HOPKINS HENNEPIN COUNTY , MINNESOTA RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR VARIANCE VN87-3 WHEREAS � an application for a Variance entitled vN87-3 has been made by Rudy Luthers Hopkins Motors Inc . , 5th Avenue � Mainstreet , for variances for the square footage of the sales lot and front yard setback . WHEREAS , the procedural history of the application is as follows: 1 . That an application for Variance VN87-3 xas filed �ith the City of Hopkins on April 3 , 1987 . 2 . That the Hopkins Plaaning Commission revieWed such application on April 28 , 1987 . 3 • That the Hopkins Planning Commission , pursuant to mailed notices , held a public hearing on April 28 , 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 vN87-3 : 1 . That a unique circumstance is present due to the shape of the property. 2 • A 20 foot setback Would restriet the use of the property. 3 • That a building on the site would restrict the use of the property. BE IT FURTHER RESOLYED , that application for VN87- 3 is hereby approved sub�eet to the following Conditions: 1 . That the applicant be granted a Conditional Use Permit to operate an Auto Sales Lot . 2 . That the variances be revieWed if the applicant does not lease the abutting right-of-Way property . Adopted this 5th day of May , 1g87 . � Ellen Lavin , Mayor � �" �Plannin� Commission Report VARIANCES - HOPKINS MOTORS 5th Avenue & Mainstreet PLANNING COMMISSION REPORT N0: VN87-3 APRIL 21 , 1987 PURPOSE: To review and recommend action on an application for varianees for the square footage of the sales lot to exceed the square footage of the building and a 15 foot front yard variance . BACKGROUND• Name of Applicant: Rudy Luthers Hopkins Motors Inc . Address of Property: Southwest corner of Mainstreet & 5th Avenue � Present Zoning: B-3 Nature of Request : A 15 foot front yard setback variance and a variance for the square footage of the sales lot to exceed the � square footage of the building . Reason for Request : 20 foot required front yard setback and building would eliminate too much of already limited square footage . These variances are in conjunetion with the request for a Conditional Use Permit for an auto sales lot . The applicant is requesting two variances . Ordinance 535 •03 Subd . 2(A) ( 1 ) requires that the sales lot shall not be larger in square footage than the square footage of the building devoted to the related business and ( 2 ) the 20 feet required front yard shall be landscaped and should the front yard be less than 20 feet due to non-conforming use , a permanent barrier at least 18 inches high shall separate the sales lot from the publie walk . � The applicant is not proposing a building on the site . The site will be used as another sales lot in connection with the main building across the street � No. � vr�s�-3 Page 2 �-- The ordinance requires a 20 foot front yard setback . The applicant is proposing a 5 foot setback . This setback area will contain a hedge approximately 2 ' 2" high and a 1 ' wide brick wall , 18 inches high . ANALYSIS: The applicant is not proposing to have a building on the site . This lot will be used in conjunetion With the ad�acent auto sales area , hence a building will not be necessary. Varianees have been given for Walser and Rudy Luther to have the square foot of the sales lot exceed the square footage of the building . It appears that a hardship does exist for the 15 ' setback variance . The lot is shaped in a unique fashion and if the 20 foot setback requirement were imposed , the lot would be virtually useless . Another alternative is to approve only one variance . This alternative would not be practical because the applicant needs both variances to operate the site as an auto sales lot . If the varianee for the square footage of sales lot not to exceed the square footage of the building were not approved , the applicant would have to construct a sales building and therefore significantly reducing the spaces for parking cars . Also , because of the unique shape of the lot , a � building would have to be quite small to accommodate the setbacks . On the other hand , if the setback variance were not allowed , the applicant would lose the entire east side of the property for parking . This proposed use on this site is probably one of the best uses possible because of its small and unique shape . Most B-3 types of uses require a structure which is difficult to locate on a lot of this size . Also , the proposed use will generate far less traffic than a number of other uses Hhich could be placed on the site . The reduced traffic flow is important because of the location of the site to the fairly busy 5th & Mainstreet intersection . ALTERNATIVES: 1 . Approve both varianees . 2 . Approve only one variance . 3 . Disapprove both varianees . �_ - , . . . VN87-3 Page 3 � RECOMMENDATION: I recommend Alternative �1 . The following are suggested Findings of Fact and Conditions should the Commission recommend approval : 1 . That a unique circumstanee is present due to the shape of the property . 2 . A 20 foot setback would restrict the use of the property . 3 . That a building on the site would restrict the use of the property . Conditions : 1 . That the applicant be granted a Conditional IIse Permit to operate an Auto Sales lot . 2 . That the variances be reviewed if the applicant does not lease the abutting right- of-way property Respectfully submitted , , Nancy S . 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