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VN 85-50 CITY OF HOPKINS .. Application for: Amendment of Zoning Ordinance Date: October 4, 1985 Concept Review Conditional Use Permit _� Case No: ��J J�� Subdivision Approval Variance �_ Fee: 7�� Waiver of Platting Requirements � Date Paid: �L%-- 7�.� 1. Street Location of Property: 917 Main Street and rear area of 921 Main Street 2. Legal Description of Property: Lots 14 and 15. See attached survey Donald F. Perkl 3. Owner: Name Robert H. Mason Address14201 Excelsior Blvd. Phone 935-3486 nneton a, 4. Applicants Name: same Address Phone 5. Description of Request: Conditional use permit for over 75,000 `-� Zoni ng Di strict Use 6. Present Proposed 7. Present Proposed B - 2 B - 2 8. Reason for Request Required by Ordinance 424 9. What error, if any, in the existing Ordinance would be corrected by the proposed amendment? (for Zoning Ordinance amendment only) 10. If request is for a variance, what hardship would justify approval (see 427.04(108) of the Zoning Ordinance) . Part of building accommodating e1ectrical room and dumpster room is closer than ten feet to alley. 11. Exhibits submitted: f�ap or plat showing the lands proposed to be changed Other 12. 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 Ordinances of the City of Hopkins and the laws of the State of Minnesota. - ,� Si gnature of Appl i cant: f���'�ii� . ��;����`l�'. __ RECORD OF ACTION TAKEPJ BY PLANNING & ZONING COMMISSION ` Date: 10-29-85 Application for Variance & Conditional Use Permit CASE N0: 85-57 PLANNING COMMISSION RECOMMENDATIONS On the 29 day of October 19 85 , the action requested in the foregoing petition was approved (X) disapproved subject to the following conditions:Recommend approval CUP Recommend approval of a variance for a 1 foot setback for the dumpster & electrical room and a variance for a setback of not less than 7 feet for the remainder f the entra�r e, the arcade to conform with the building to the west and the idea of containi g the dump te . � thin the conce t of ' d ' Chairman: �� ,:� !�;' , i�-_ -- the buil in s and the necessar setback � 1, , � 9 Y � l � of the buildin4 to encompass the meeting of the building to the east with even setbacks. CITY COUNCIL ACTION ' Approved X Denied by the Council this 5 day of November 19 85 Approved with following amendment: Approved as recommended by Zoning & Planning for variance and Conditional Use Permit approved subject to approval of the Fire Marshal and drainage plan by the City Engineer. C 1 e r k: � �.�i� \,J lXrn�- � 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 10 29 85 k Pl . Comm. Postponement 85-57 Variance - see above 85-50 CUP - recommend approval to build an addition and renovate the building at 917 Pl . Comm. Action 1-/29/85 JK Mainstreet subject to approval of the Fire P�arshal and approval of drainage plan by the City Engineer. On Council Agenda Council Postponement Council Action 11;5/85 JK Approved as stated above. 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 9ranted prior to the end of said year may request and the Council may grant an extension not to exceed one year. October 17, 1985 `.. Case No: 85-50 Applicant: Robert Mason/Don Perkl Location: 917 Mainstreet Request: Conditional Use Permit STAFF FINDINGS & COf�1MENTS: Anderson l. The applicant is requesting a Conditional Use Permit for construction over $75,000 as required by Ordinance 427.26(c) 2. The subject site is located at 917 Mainstreet, the former Nelson Shoe Store and the rear area of 921 Mainstreet. The site is zoned R-2. 3. The applicant is planning to remodel , demolish, and build at this site. The former Nelson Shoe Store will be remodeled both inside and out. The shoe repair store in the rear will be demolished and an addition will be added behind Preferred Travel and the former Nelson Shoe Store. 4. 2403 square feet of new tenant space will be added with the proposed addition. `, A walkway will be constructed on the east side of the former Nelson Shoe Store and run the length of the building to the alley. 5. The applicant is not required to have off-street parking since the building is located in a B-2 District. 6. The applicant is proposing to have various plantings in the rear of the building. The applicant is not required to conform with the landscape ordinance since the building is located within a B-2 District. 7. The building will have a Floor Area Ratio of .88. 8. Ordinance 427.35 requires a front yard setback of 1 foot, side yards of 0 feet and a rear yard setback of 10 feet. The building conforms with the setbacks except for the rear yard setback, which the applicant has applied for a variance. 9. The Fire Marshal has the plans for the proposed construction, however no report has been received as of the date of this report. Any approval should be con- tingent upon approval by the Fire Marshal . 10. The City Engineer has not seen the drainage plans as of the date of this review. Any approval should be contingent upon approval by the City Engineer. 11. The height of the former Nelson Shoe Store will remain the same. The addition on the rear will have a height of approximately 19 feet. This conforms with ordinance 427. 35. � 12. The trash container will be located at the rear of the building and will be enclosed. October 17, 1985 �-. Case No: 85-57 Applicant: Robert Mason/Don Perkl Location: 917 ��lainstreet Request: Rear yard setback variance STAFF FINDINGS & COMMENTS: Anderson 1. The applicant is requesting a variance to construct a building within the rear yard setback at 917-921 t�lainstreet. The subject site is zoned B-2. 2. This request is in conjunction with the Conditional Use Permit at this site to build an addition and remodel . 3. Ordinance 427.35 requires a rear yard setback for a B-2 District of 10 feet. The proposed building will have a 1 foot setback at the trash container. 4. Ordinance 427.23(3) states that variances shall be issued in cases where strict enforcement of the zoning ordinance would cause undue hardship because of circumstances unique to the subject property. �. � r � �y- �i- �q �. RESOLUTION I�10. 85-3227 CITY OF HOPKINS HENI�7EPII�J COUNTY, MINNESOTA RESOLUTIOt�t MAKII�IG FINDINGS OF FACT AND APPROVING APPLICATION FUR VARIANCE VN 85-57 WHEREAS an application for a Variance entitled VC�-85-57 has been made by Robert H. Mason/Donald F. Perkl , 917 Mainstreet, to construct an addition with less than the minimum rear yard setback. WHEREAS, the procedural history of the application is as follows : 1 . That an application for Variance Vt1-85-57 was filed with the City of Hopkins on October 4, 1985 . 2. That the Hopkins Planning Commission, pursuant to mailed notices, held a public hearing on October 29, 1985 ; 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 THEREFOKE BE IT RESOLVED, that the Hopkins City Council makes the following Findings of Fact in respect to VI�I-85-57 : 1. That the building setback impact is reduced by providing a transition of the surrounding buildings . 2. That the Variance is necessary to enable the trash container to be enclosed, which helps reduce the impact of the Variance . BE IT FURTHER RESOLVED, that application for Variance VN-85-57 is hereby approved subject to the following conditions : 1 . That the rear setback be not less than one ( 1 ) foot at the trash container . 2. That there be a rear yard setback of not less than seven (7 ) feet for the remainder of the entrance to the arcade . Adopted this 3rd day of December, 1985 �,,, J. SCOTT REI�INE ELLE1� LAVIN City Clerk