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CUP 92-01 CITY OF HOPKINS �` ZONING APPLICATION SLa..,ARY FORM ' � Application Number ��a_' . P.I .D.#: Applicant 's Name (Last � First) Owner (if other than applicant ) Trakup Co./Minnetonka Nbtors Mailing Address (Street , City, State , Zip Code) 14321 Nicollet Ct. #500, Burnsville, NIDI 55337/420 Mainstreet, Hopkins, NIIV 55343 Phone Number: (Day) j�QZ-�53�� (Ev�e�#ng) ��j,3-��8 Property Address _ �-lc�,� (Y1�1�1�S-�-f'�?�' APPLICABLE CURRENT ZONING DISTRICT(S) TYPE OF ZONING REQUEST [ ] R-1-A [ ] R-2 [ ] B-1 [ ] Concept RevieW [ ] R-1-B [ ] R-3 [ ] B-2 [X.] Conditional IIse Permib �ndment [ ] R-1 -C [ ] R-�I [X ] B-3 [ ] Variance � �-1-D [ ] R-5 � l I-1 ( ] Zoniag District Change � 1-E [ ] R-6 [ ] I-2 [ ] Subdivision Approval � 7 Ordinance Amendment [ ] Other I hereby certify with my signature that all data contained herein as Kell as all supporting data ,� �� are true and correct to the best of my knowledge: f,J-/ -r'1z A i �j Sig ture ate / -/� /,�!'�� Own rs Signature Date ADMINISTRATIVE DATA SUMMARY [ ] Proper addendum to application Application received: � - ! Z ( ] Detailed plans submitted L ] Written pro�ect description submitted Fee Paid: ����_ (�� Referred to City PLANNING "COMMISSION ACTION Engineer: Approved: without modifications Referred to City [�j with modifications Attorney �enied Referred to Watershed District )ate: �...-a�-�jd Date of Public Hearing Notice ^^,OUNCIL ACTION Date of Public �p�. :d: without modifications Hearing a -a�j- Glo1 [x] with modifications . )ettied � [ ] , )ate: �J -o�-� z . RESOLUTION N0: `� �," 2� ^ PAGE 2 CONDITIONAL USE PERMIT GENERAL PROVISIONS 1 . This permit is not valid until it has been recorded at the Office of the County Recorder . A true and correct copy of the full legal description of the affected property must be attached to this document . 2 . This permit does not constitute a building permit , sewage system permit , grading permit , land alteration permit , well permit or the like . Separate permits may have to be applied for and obtained in order to aceomplish all the goals of the pro�ect authorized herein . 3 . The issuance of this permit does not negate the need to secure other permits from other local units of government , state agencies or federal agencies who may also have jurisdiction over portions of your project . SPECIAL PROVISIONS 1. That a five foot fence is to be constructed along the property line for the south sales lot in accordance with a plan acceptable to the City staff. --� That the display cars on the north side of the building are removed permanently. 3. That additional landscaping be provided in the front yard setback in accordance with a plan acceptable to the City staff. 4. Al1 previous conditions required as a part of CUP 89-17 still in effect. E%PIRATION. A Conditional Use Permit expires one year after it has been issued unless the use for which the permit has been granted is in effect . Extensions may be granted provided the applicant submits a letter to the Zoning Administrator requesting an extension 30 days before the expiration of said approval. The letter shall state the facts of the request , showing a good-faith attempt to ztilize the Permit , and it shall also state the additional time being requested to begin the proposed construction. The City Council may grant extensions not to exceed one year. ---� CITY OF HOPKINS � SUPPLEMENTAL DATA FOR CONDITIONAL USE PERMIT • Application No. " P.I .D. No. ' A. GENERAL DATA N A M E 0 F A P P L I C A N T: Trakup Co./Minnetonka Nbtors The above named individual , firm or aorporation hereby respectfully submits the following data in support of the preliminary inPormation acaompanying Zoning Application Summary Form dated 1/20/92 �arrt�eded on the securing a Conditional Use Permit. purpose of Bill Traiser PH: 892-5535 Mark Melb PH: 933-8888 Contaet Person Last Name , First Day Phone No. Evening Phone No. B. PROJECT INFORMATION 1 . Specify the section of the ordinance whiah applied to this pro�ect: 2 . B r i e f n a r r a t i v e d e s c r i p t i o n o f t h i s r e q u e s t:_ F�cpand Minnetonka Motors Use of Propert� interior 6 100 s uare feet Buildin area exterior 6 400 s uare feet of rkin rounds. ---� 3 • .•itten �ustification for request ineluding discussion oP hox any potential conflicts with existing nearby land uses will be minimized: Not a new use, an ex sion of an existin use. 4 . Check all additional supporting doeuments and data �rhich are being submitted to help explain this pro�eet proposal: [X] sketeh plan , � ] topographie map , [ X] detailed narrative , [ ] operation plans , [ ] engineering plans , [ ] flood plain hydraulic analysis , [ ] flood proofing plans and specifications , [ ] o t h e r (s p e c i f y) I�al description I hereby certify with my aignature that all data ' on my application forms , plans and specifications \ > � are true and Qorreet to the best of my knowledge � / 2� /L, of pplican ate � � �� .: CONDITIONAL USE PERMIT In accordanee with _ Sa I'� of �Jo�-� , the (Section of Ordinance) (Ordinance No . ) �ity of Hopkins hereby (X] approves , [ ] denies the foregoing Application for �onditional Use Permit. If approved , said approval is sub�ect to the following Jeneral and Special Provisions : aY' � Plann� duthor ed Signature) - 3 � a - � a (Title) (Date) • SEE REVERSE FOR GENERAL AND SPECIAL PROVISIONS ' .--, CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 92-23 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION TO AMEND A CONDITIONAL USE PERMIT WHEREAS, an application to amend a conditional use permit entitled CUP 92-1 made by Minnetonka Motors is recommended for approval. WHEREAS, the procedural history of the application is as follows: 1. That an application to amend a conditional use permit CUP 92-1 was filed with the City of Hopkins on January 21, 1992 . 2 . That the Hopkins Planning Commission reviewed such application on February 25, 1992 . 3 . That the Hopkins Planning Commission, pursuant to published and mailed notice, held a public hearing on February 25, 1992 : . a11 persons present at the hearing were given an opportunity to be heard. 4 . That written comments and analysis of the � City Staff and the Planning Commission were considered. The following is a legal description of the property: Lot 26, Block 5, West Minneapolis, according to the recorded plat thereof. The North and South boundaries of said tract being marked by Judicial Landmarks placed at the four corners thereof. Tract B, except the North 19 feet of the East 50 feet as measured along the North and East lines thereof, and ALL of Tracts A, C, D, E and F, Registered Land Survey No. 823 , Files of the Registrar of Titles, County of Hennepin. That part of the two following described parcels of land: Lot 9, except that part thereof lying West of a line drawn parallel to and distant 33 feet East at right angles from said West line of said Lot 9, Auditor's Subdivision Number 242, Hennepin County, Minnesota; and That part of Lot 10, Auditor's Subdivision Number 242, Hennepin County, Minnesota lying West of a line extending across said Lot from North to South and drawn parallel with and 34 feet distant East from the West line of said Lot, which lies - ^ Southerly of a line 122 feet South of, measured at right angles to and parallel with the North line of the two above described parcels of land, according to the plat thereof on file or of record in the office of the _, Register of Deeds in and for said County. � That part of Lot 26, Auditor's Subdivision Number 242, Hennepin County, Minnesota, described as beginning at the intersection of the Southerly extension of the East line of the West 33 feet of Lot 9, in said Auditor's Subdivision Number 242, with the Southwesterly line of said Lot 9; thence Southeasterly along the Northeasterly line of said Lot 26 a distance of 315.27 feet; thence Southerly, parallel with the Southerly extension of the West line of said Lot 9 a distance of 32 feet, more or less, to a line drawn parallel with and 26.5 feet Southwesterly from the Northeasterly line of said Lot 26; thence Northwesterly along the last described parallel line a distance of 315. 27 feet to its intersection with the Southerly extension of the East line of the West 33 feet of said Lot 9; thence Northerly along the last described extension a distance of 32 feet, more or less, to the point of beginning, according to the recorded plat thereof. Lot 11, Auditor's Subdivision Number 242, Hennepin County, Minnesota, according to the recorded plat thereof. NOW THEREFORE BE IT RESOLVED, that application for CUP 92-1 is hereby approved based on the following Findings ^ of Fact: 1. That an auto sales lot is permitted with a conditional use permit in the B-3 district. 2 . That the proposed expansion meets the requirements for our auto sales lot. BE IT FURTHER RESOLVED, that application for CUP 92-1 is hereby approved based on the following Conditions: 1. That a five foot fence is to be constructed along the property line for the south sales lot in accordance with a plan acceptable to the City Staff. 2 . That the display cars on the north side of the building are removed permanently. 3 . That additional landscaping be provided in the front yard setback in accordance with a plan acceptable to the City Staff. 4 . All previous conditions required as a part of CUP 89-17 still in effect. Adopted this 2nd day of March, 1992 . �� Nelson W. Berg, Mayor James A. Genellie, City Clerk � February 27, 1992 Council Report CR92-61 CONDITIONAL IISE PERMIT - MINNETONRA MOTORS Proposed Action. Staff recommends the following motion: Move to approve Resolution 92-23 approving the expansion of the auto sales lot at 420 Mainstreet. Mr. Hutchison moved and Mr. Winship seconded a motion to approve Resolution RZ92-3 recommending approval to amend their conditional use permit to operate an auto sales lot at 420 Mainstreet. The motion passed 6-0. Mr. Chapman abstained. overview. Minnetonka Motors was granted a conditional use permit to operate an auto sales lot at 420 Mainstreet in 1989. They now are requesting to expand their operation. � Minnetonka Motors existing operation utilizes the front of the building at 420 Mainstreet and the parking area to the east of the building. Sample Service was located at the rear of the building. Sample Service is moving to another location. Minnetonka Motors wants to expand their operation and utilize part of the area used by Sample Service. Primary Issues to Consider. o Has the applicant complied with. the conditions for the conditional use permit for an auto sales lot? o How will the applicants operation expand? o What are the requirements for an auto sales lot in the B-3 district? supportinq Documents. o Analysis of Issues o Site Plan o Resolution 92-23 Nancy S. Anderson Planner �'\ CR92-61 Page 2 --� NOTES FROM ZONING AND PLANNING Staff reviewed the applicants request with the Commission. Mark Melby, the owner of Minnetonka Motors, and Bill Traiser, the owner of the property, appeared before the Commission. Mr. Traiser presented a landscape plan for the west parking lot. Mr. Traiser also presented a plan for the existing landscaping along Mainstreet. Mr. Traiser stated they would be adding additional plantings to the landscape area along Mainstreet. Mr. Traiser asked if plantings could be used instead of the 5 foot fence. The ordinance requires a 5 foot fence. Mr. Traiser asked why Rudy Luther did not have a fence between his property and the City property. The staff will check on this. Mr. Pavelka opened the public hearing at 9: 25. Being there was no one to speak regarding this issue, the public hearing was closed at 9:26. �� /� CR92-61 Page 3 �—. Primary Issues to Consider. o Has the applicant complied with the requirements for a conditional use permit to operate an auto sales lot? In checking the site there were two cars parked for display in the front yard setback. These cars are a violation of the conditional use permit and must be removed because they are located in the front yard setback. Because of the snow it was difficult to determine the extent of the landscaping in the front yard. However, it appears the there could be some additional plantings in this area. Staff would recommend that the applicant undertake additional plantings in the front yard. The existing operation has changed slightly from the original site plan submitted. The customer parking is now next to the building instead of near the display cars. o How will the applicants operations expand? The applicant will be taking over the rear portion of the building and the lot on the west side of the building. The -1 new building space consists of 6100 square feet and will be used as an additional showroom for cars. The parking area on the west side of the building will be used for employee parking and a sales lot. There currently is a loading dock in the parking area on the west side of the building. This loading dock will be closed off and the parking lot re-blacktopped. This area will be used as a sales lot. There will be 5300 square feet of vacant building on the site. The applicant does not have a tenant as of yet. o What are the requirements for an auto sales lot in the B-3 district? 1. the sales lot shall not be larger in square footage than the. square footage of the building devoted to the related business; 2 . the 20 feet require 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 public walk; 3 . lighting of the sales lot shall be totally from �� indirect lighting; CR92-61 Page 4 �-►, 4. should the lot abut an R district, an acceptable design of screening fence five feet in height shall be constructed along the abutting lot line; 5. the auto sales lot shall not include vehicles over a 9, 000 lb. rated weight. Since the applicants new sales lot will now abut a residential district, the applicant will be required to construct a five foot fence along this property line. The applicant has stated that they would add landscaping on the lot line between their lot and the residential district. The applicants operation will meet the requirements for an auto sales lot with the removal of the cars in the front yard setback and the construction of a five foot fence. Alternatives. 1. Approve the amendment of the conditional use permit. By approval of the conditional use permit, the applicant will be able to expand his operation. 2 . Deny the amendment to the conditional use permit. By � denying the amendment to the conditional use permit, the applicant will not be able to expand his operation. 3 . Continue� for further information. If the City Council indicates that further information is needed the item should be continued. � '