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VN 85-03 � CITY OF HOPKINS � APPLICATION FOR: AMENDMENT OF ZONING ORDINANCE DATE: //-] ;2- Y� CONCEPT REVIEW CONDITIONAL USE PERh1IT CASE N0: ��%`�.- ,'? SUBDIVISION APPROVAL �.�- VARIANCE � FEE: � �'. - WAIVER OF PLATTING REQUIREMENTS DATE PAID: ��-i ��z _ ,� %� 1. Street Location of Property: �� CC� (_s� c�r- %=)ti� ��- 2. Legal Description of Property: � -�� ,� .f� ,Z �f // `� Z z =3 �__ �,c, l � --�, .: � II �5 �� ,�� ;�� _ � � � r� �� :��i � � _ 3. Owner: Name� �1'�i �� ; 1��"�� , r�,;._,.-. ,_- Address �r-� ;,,�. Phone �l �� - `J�� 4. Appl icant's Name: �-{�}�,,- �,�,,, t.<_t, Address � ? �. �i i �;, � /�, ,�_ PhoneL� `� - ' "1 (,�' 5. Descri pti on of Request: ��.� , � ►_ _ c, ��; � ��> 1 f��_ .� � r.��- ,( 4i,, ��rv��.�., f _ Zoning District Use Present Proposed 7. Present , Proposed �i r �7 � � 1� — � � L � ,.��t� i �� . bi� ��c c�,%y�,.. r � �-u��. �,.. � 8. Reason for Request: rv`�� ,�`•� �L ��, :,� �,�,�,.,,_ < �;�� _, � ��:�,f,�,�:. � LL�`. 1:�� M � , I NOTE: If request is for variance, please also complete 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-�>� ;1,,� � � c�( ��1�.,, ° ,�r.-,�,;�-1�-, i � � � 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 true and that all work herein mentioned will be done in ac- cordance with the Ordinances of the City of Hopkins and the laws of the State of Minnesota. „ �.__ Signature of Applicant:_ '� < ��r�c ' 1,� � ��c.__-L � / / �—� " .� ; �-- �i gnature of Owner. ' /�"�� /- / � �.�-;�-�y-� � � RECORD OF ACTION TAKEN BY PLANNING & ZONING COr�MISSION `" Da te : 12/3Q�85 Application for Variances CASE N0: VNf35-3 PLANNING COMMISSION RECOMMENDATIONS On the 3J day of December 1985 , the action requested in the foregoing petition was approved ( ) disapproved X subject to the following conditions : Recommend denial of request based on the fact that there is n existing p r ing problem; that there is opposition from the neighbors ; that a hardship oes exi to justify the variance; need for additional parking created by development; er d ability to create parking at this site. Chairman : CITY COUNCIL ACTION Approved X Denied by the Council this day of January 1986 Approved with following amendment: Approved variances - submit to staff for findings and conditions. C 1 e r k : � - � t-v� �—C��,Q � s Following to be filled in by City Action of City Officials Chronolo Date B Rec'd by Bldg Dept. Published by aldg Dept. On Pl . Comm. Agenda 12/30/85 JK Pl . Comm. Postponement Pl . Corrm. Action � 12/30/85 JK On Council Agenda i ! 'Council Postponement � � Council Action 1/21/86 i JK Adopt Resolution No. 86-2 approving variances � stating findings and conditions. � . . RESOLUTION N0. 86-2 � CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR VARIANCE VN-85-3 WHEREAS, an application for Variance entitled VN-85-3 has been made by Han-San Lee, 1601 Mainstreet, for parking, front yard setback and sideyard setback to operate a quick order restaurant. WHEREAS, the procedural history of the application is as follows : 1. That an application for Variance VN-85-3 was filed with the City of Hopkins on November 12, 1985. 2. That the Hopkins Planning Commission reviewed such application on December 30, 1985. 3. That the Hopkins Planning Comnission, pursuant to mailed notices, held a public hearing on December 30, 1985; all persons present were given an opportunity to be heard. 4. 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 VN-85-3: l. That a similar use currently exists within the structure proposed for remodeling. 2. That the proposal does not alter the overall square footage of the existing structure. 3. That strict interpretation of the Zoning Ordinance would create a hardship due to the preexisting conditions. 4. That strict application of the parking requirements in the ordin- ance would create a hardship based on the existing conditions and proposed use. 5. That the granting of these variances is keeping with the intent of the ordinance. BE IT FURTHER RESOLVED, that application for Variance VN-85-3 is hereby approved subject to the following conditions: 1. That parking be formally reviewed nine months after remodeling is completed. 2. Applicant provide at least 4 on-site parking spaces if it is deter- mined necessary at time of review. Adopted this 21 day of �anuarv 1986. � Ellen Lavin, Mayor `��: . �- , ��.� - - �� . CITY OF HOPKIIVS �, ��- - �:. ____j__ :�:.� - _ . �..:.� . . December 17, 1985 VARIANCE REQUEST - 1601 MAINSTREET PLANNING COMMISSION REPORT N0. VN-85-3 PURPOSE: Recommend action on a parking variance, a front yard setback variance and a sideyard setback variance at 1601 Mainstreet. BACKGROUND: The following is a summary of the pertinent information relating to this appli- cation: Name of Applicant: Han-San Lee Address of Property: 1601 Mainstreet Present Zoning: B-3 �- Variance Requested: A parking variance for 63 cars, a front yard setback for 20 feet and a side yard variance for 10 feet. This request is in conjunction with the application for Conditional Use Permit at this site. The applicant is proposing to remodel the building at 1601 �•1ainstreet, the current site of Phils Deli . He is proposing to add a kitchen in a space that is now a one bedroom apartment. The current structure contains a delicatessen, a two bedroom and a one bedroom apartment. Since the use is changing, the applicant is required to provide parking for the new use. The site has no on site parking. The current business uses on street parking along P1ainstreet and 16th Avenue. Mainstreet has two hour parking from 8:00-6:00, 16th Avenue has 30 minute parking 8:00-6:00 on the west side and no . restrictions on the east side. The City Engineer is concerned that a probable result of no on-site parking will be parking in the adjacent residential areas. Ordinance 427.45(14) requires at least one parking space for each fifteen ( 15) square feet of floor area. The applicant would be required to provide 63 parking spaces, this definition would seem to be for a franchise type operation like McDonalds or Burger King. 427.36 requires that the front yard and side yard shall be landscaped with the front yard not less than 20 feet and side yard not less than 10 feet. The present building is approximately one foot over the lot line on the south and east lot lines. Businesses are currently located to the west, east and south, a residential area is to the north. � The applicant has contacted adjoining property owners as listed and none have objected. � REPORT N0. VN-85-3 Page 2 ANALYSIS: It seems the most relevant problem in this case is that the Zoning Ordinance does not address this specific type of business the applicant is proposing. The Zoning Ordinance lumps all quick order restaurants into one category whether it be a high traffic Burger King or a lower traffic Chinese restaurant. The setback requirements appear to be intended for a quick order restaurant operation and not a business such as the applicant is proposing. With respect to the parking variance, it seems improbable that this type of business would need 63 parking spaces, however this business should generate more traffic than the current business. It may be appropriate to have a review clause in 6 months or a year to review the parking situation. It may be possible in the future for the applicant to provide some on-site parking in the area north of the two bedroom apartment. RECOf�MENDATION: I recommend granting of the variances with the condition that the applicant's parking situation be formally reviewed nine months after the remodeling has been completed. If it is determined that more parking is needed, the applicant be re- �— quired to provide at least 4 on-site parking spaces. '�� :.F��r� �� r � � ,� � Nancy . Anderson, Analyst Comr� nity Development � �" CITY OF HOPKINS Hennepin County, Minnesota NOTICE OF HEARING The Zoning and Planning Commission of the City of Hopkins will hold a hearing on Monday, December 30, 1985, at 7:30 p.m. , in the Council Chambers of the City Hall to consider an application by Han-san Lee for the following variances: parking, front yard setback and sideyard setback, also for a Conditional Use Permit to operate a quick order restaurant at 1601 Mainstreet. If you are interested in the above matter, we ask that you please � appear at this meeting. If information about this matter is required, please contact Jim Kerrigan, Community Development Director, 935-8474, extension 140. i �_� �,�,-� � i i; t�,�-, James D. Kerriga'n, Director Community Development �