Loading...
VN 86-13 � CITY OF HOPKINS � Application for: Amendment of Zoning Ordinance Date: September 2,1986 Concept Review Conditional Use Permit � Case No: l//v �'�, -/�; Subdivision Approval Variance �_ Fee: �125.00 Waiver of Platting Requirements Date Paid:September 2,1986 1. Street LoCatlon of Property: Vacant lot between 509 and 601 - 2nd Street South. 2. Legal Description of Property: rnt- 2, Rlcx-k � , WarrirTtnn Ar3�itinn 3. Owner: NartleW T-�-i nn A�G,�-iat-p� Tnr- Address601 - 2nd S�ee� South Phone935-3300 4. Applicants Name: Same Address S� Phones� 5. DesCription of Request: Construct a one (1) storv office buildincLof approximately 15,000 scruare feet with oovered walk to 601 - 2nd Street �" Zoning District Use 6. Present Proposed 7. Present Proposed B-1 B-1 Vacartt Land Offioe Buildiuxi 8. Reason for Request Zb build office building with access to 601 - 2nd Street South. 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). Coru�ecting walk betw�en buildings, in�erative for programers in new offioe to have acoess to oons�uters in 601 - 2nd Street South Cannot Uurchase 601 as owrier has 25 xears remaining on a 30 year lease and refuses to sell. 11. Exh�bits submitted: f4ap or plat showing the lands proposed to be changed site plan. 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 ali statements herein are ue and that all work herein mentioned will be done in accordance with th Ordinances the City of Hopkins and the laws of the State of Minnesota. � �_ Signature of Applicant:BY: Q ��� � 11Y1�• A. Signature of Owner: Rv•_ � � Q,,-,— RECORD OF ACTION TAKE�� BY PLANNING & ZONING COMMISSION Date: 9/30/86 � Application for Sideyard Variance CASE N0: VN86-13 PLANNING COMMISSION RECOMMENDATIONS On the �_ day of 1986 , the action requested in the foregoing petition was approved ( � disapproved subject to the following conditions:Recommend approval based on Findings: 1.Unique circumstance due to inability to purchase subject site; 2.Hardship exists due to access �that is required; 3. negative impact of variance wil be minim' du bldg will have proper sideyard except for the link; and the Condition: 1 _ onne ti i b condi- : tioned upon both bldgs remaining in usage by one �:hairman: t � owner and or tenant. 1 ' CITY COUNCIL ACTION Approved X Denied by the Council this 7th day of October 1986 Approved with following amendment: Approved as stated in Resolution No. 86-64 . � Clerk: �. Se-c�� � �. � -- Following to be filled in by City Action of City Officials hronolo Date B _ Rec'd by Bldg Dept. Published by Bldg Dept. On Pl . Corim. Agenda 9 30 86 JK Pl . Comm. Postponementl I � Pl . Corrm. Action � 9/30/86 JK Recommend approval as stated above On Council Agenda 10/7/86 JK ICouncil Postponement � , i ' � � ; � Council Action � 10/7/86 � JK Approved as stated in Resolution No: 86-64 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 Nritten application of the owner of the effected land for which the pe►mit was � granted prior to the end of said year may request and the Council may grant an � � extension not to exceed one year. � FOR YARIANCE 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. �Nardshi� to the applicant is the crucial test. Variances will be granted only in unusual situations which were not f�reseen when the Zoning Ordin- ance was adopted. Economic situations are seldom unique and are rarely considered a valid hardship. Hardship A. Explain why strict enforcement of the Zoning Ordinance would cause u�due hardship: Warrington Assoc.,Inc. has 25 years remaining on their lease of the property at 601 - 2nd Avenue South, Hopkins, Mn. They have been unable to purchase the property. Warrington Assoc.,Inc. own Lot 2 which is 10 fc�t nnrth of present b—uilding, e proposed building on Lot 2 will be occupied by programers and people needing access to the co�utors in the existing buildinQ_ A mvered wal w��y is in�rative for the o�ration to function within the two (2} buildings. � Conditions 6. What are the� special conditions (shape of lot, exceptional Lopographic conditions, etc. ) of this request that are unique to this property and do not apply 9enerally to other properties in the district? N/A List of Homeowners Co�tacted by Applicant C. Submit a list of names and addresses of neighbors contacted. Hav� talked to the president of the Park Valley Association, Gil Zaun. � . � CITY OF HOPKINS HENNEPIN COUNTY , MINNESOTA RESOLUTION N0 : 86-6� RESOLUTION MAKING FINDINGS OF FACT AND APPROYING APPLICATION FOR YARIANCE VN86-13 WHEREAS, an appliaation for a Varianee VN86-13 has been made by Warrington, Assoc . for a sideyard varianae to aonstruet a link between the proposed building and the existing building at 601 Seaond Avenue South. WHEREAS, the procedural history of � the application is as follows: 1 . That an application for Varianae was filed with the City of Hopkins on September 2, 1986 . 2. That the Hopkins Planning Commission reviewed sueh application on September 30 , 1986 . �— 3 . That the Hopkins Planning Commission , pursuant to mailed notiees , held a publie hearing on September 30 , 1986 : all persons present at the hearing were given an opportunity to be heard . � . That the written comments and analysis of the City Staff and the Planning Commission were aonsidered . NOW THFREFORE BE IT RESOLVED , that the Hopkins City Couneil makes the folloWing Findings of Faot in respeot to VN86-13: 1 . A unique circumstance exists due to the inability of the applicant to purehase the sub�eot property. 2. A hardship exists due to the aceess that is required to the proposed building . 3 . The negative impact of the varianoe will be minimized due to the faet that the building will have the proper side yard setbaeks , exeept for the link . BE IT FURTHER RESOLVED , that application for Varianee VN-86- 13 is hereby approved sub�eet to the following eonditions: 1 . That the connection link be conditioned upon � both bUildings remaining in common usage by one owner and/or tennant . Adopted this 7th day of October 1986 . Ellen Lavin, Mayor �- �Plannin� Commission Report September 18, 1986 VARIANCE-WARRINGTON PURPOSE: The purpose of this report is to review and recommend action on a side yard variance . BACKGROUND: Name of Applicant : Warrington Ass . , Inc . Address of Property: Empty lot north of 601 2nd Avenue South . Present Zoning: B-1 Reason for Request : To construct a link between the proposed building and the existing building . Nature of Request : A 10 foot side yard variance . This variance request is in conjunetion with the Conditional Use Permit application to construct an office building . � The applicant is proposing to conneet the proposed building and the existing building with a link . This link is necessary for access to both buildings . Without this link the pro�ecb will not be practical . The applicant has a long term lease on the present Warrington building , however is unable to purchase this property. With the exception of the link , the rest of the building will have the proper side yard setback . The proposed building Will be independent of the existing building . If in the future , the proposed building is no longer used by the applicant , the link could be removed and a eonforming building Would exist . The southerly setback will be approximately 15 feet , without the link . Ordinance 427 . 23 states that a variance shall be approved only by cireumstances unique to the property under consideration would cause undue hardship to owner. The proposed development meets the minimum requirements for a B-1 District With the exception of the link . � NO• VN86-13 � VN86-13 Page 2 ANALYSIS: Without the connection between the two buildings this development would not be feasible . The programers in the proposed building need access to the computers in the existing building . The applicant is unable to purchase the ad�acent lot , Which then requires the applicant to seek a sideyard varianee .The Commission might Want to place a condition on the variance , that if Warrington sells the proposed building the link is to be removed . RECOMMENDATION: I recommend approval of the variance . The following are suggested Findings of Fact should the Commission recommend approval : 1 . A unique circumstance exists due to the inability of the applicant to purchase the sub�ect property. 2. A hardship exists due to the access that is required to the proposed building. 3 . The negative impact of the variance will be minimized due to the fact that the building will have `-- the proper sideyard setbacks except for the link . � Nanc S . Anderson Community Development Analyst �, � ` Citv Council Report etober 1 , 1986 VARIANCE & CONDITIONAL USE PERMIT WARRINGTON ASSOCIATES PURPOSE: The purpose oP this report is to reeommend Couneil � aetion on a Variance and Conditional Ose Permit to construct ; an office building on the empty lot north of 601 Second � Avenue South. i � BACKGROUND: See staff report to Zoning � Planning � Commission . Respresentatives of Warrington Associates appeared before the Commission . The Varianee and j Conditional Use Permit were considered together by Zoning � � Planning . The architect described the proposed building . � Two neighbors spoke in Pavor of the pro�ect , but had a few � coneerns about landscaping and traffic . The applicant i stated that most of the existing trees xould remain. The I parking lot is located aWay from the neighborhood. The building is placed on the lot West to east for minimum � � impact to the neighhborhood and there would be no additional staff. The current employees Would move to the new building . The Commission Kas coacerned if the new building Kas not oceupied by Warrington that it might become a multi-tennant building and Would defeat the purpose for the link. At this time Warrington has a 25 year lease on the present building and needs the new space Yor expansion. The Zoning and Planning Commission approved the Variance unanimously with the following findings of faet and conditions: Findings of Fact: 1 . A unique circumstance exists due to the inability of the applicant to purchase the sub�eet property. 2 . A hardship eYists due to the aceesa that is required to the proposed building. 3 . The negative impaet of the varianee will be minimized due to the faot that the building Will `, have the proper side yard setbaaks � exeept for the link. No. , 6 2 �� Conditions • 1 . That the connecting link be conditioned upon both buildings remaining in common usage by one owner and/or tennant . The Zoning and Planning Commission approved the Conditional Use Permit unanimously with the following Findings of Fact and Conditions . Findings of Fact 1 . The proposed building meets the requirements for the B- 1 District . 2 . That the proposed building meets the requirements for a Conditional Use Permit . �— Conditions 1 . Approval by the Watershed Distriet. 2 . Approval by the Fire Marshal . Nancy S Anderson Communi y Development Analyst � � CITY OF HOPKINS � Hennepin County, Minnesota NOTICE OF HEARING The Zoning and PlanniRg Comnission of the City of Hopkins will hold a hearing on Tuesday, September 30, 1986, at 7:30 p.m. , in the Council Chambers of the City Hall to consider an application by Warrington & Asso- ciates, Inc. for a Conditional Use Permit and sideyard variance to construct an office building on Second Avenue South, just north of 601 Second Avenue South. If you have any interest in this matter, we ask that you attend this meeting. For further information contact James Kerrigan, Director of Planning � and Economic Development at 935-8474, extension 159. ; L1.��/ ^ games D. Ker igan Director of Planning & Economic Development To be published in the HOPKINS SAILOR, September 15, 1986. �