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CUP 88-10 ."s'�a����ie .�iri.,.._:+.r..yMz��c ... t� - 1 � CITY OF NOPKINS APPLICATION FOR: AMENDMENT OF ZONING ORDINANCE UATE: ?�IAY 25, 1988� CONCEPT REVIEW CONDITIUt�/1L USE PERhi[T �_ CASE N0: �l�/-' C' Y- %� SUBDIVISION APPROVAL . �EE. $75.00 . VARIANCE � WAIYER OF PLAtTING REQUIREMENTS DATE PAID: �Y� ?5, 1988 1. Street Location of Property: 11118 MII�fE'IC)NKA BLVD 2. Legai Description of Property: �T 6► �K 3, EXCEPT ROAD BELL,GROVE � 3. Orr�e�• !�!ame Cfi�RLF,S AND KERSTIN PUG�� Address >> > >a MtNNF:'iC�iKA RT.vn Phone 938-6757 4. Applicant's Name:� KFiT.Y Anm PAMF:IA S�II�I_�ddress�m �� w 34� �T ���one g�R_r�� 5. Description of Request: R.EZOPIING-B1 TO ALIAW LIMITID SUSINESS-2 fl�IPLOYEES. PARKING N1D SIGN FOR CHIROPRACI'IC OFFICE AND OUR E�OI`�IE COt`tBINED• on ng D strict se 6. Present Proposed 7. Present proposed � R-1 B-1 HOME fi�1E/CHIROPRACTIC OFFIC 8. Reason .for Request: To FULFILt, SFI.L�ER AND �"'�'c "'�`'"'� i • I - �IOTE: If request s for var ance, p ease a so comp ete at ac e page. 9. What error, if any, in the existing Ordinance would be corrected by the proposed amendment? (for Zoning Ordinance amendment only) NONE 10. Exhibits submitted: , ! Map or plat showinq the lands propvsed to be changed FNCLpSED Other PETITION FROM BELLGROVE ,NEiGFif30RS, DRAWING 'P0 SC1�LE SFid4VING PROPER'I'Y SEE ENCLOSURES � 11. Acknowledge�nent and Signature: the undersigned hereby represents upon all of the penalties � of laH� 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 the-�ftr--e opkins and the laws vf the State of Minnesota. ,' " � Signature of Applicant: L------- '' , � �- . / ��'i �--� Signature of Owner. - � C��r(Ps R. � 1 __ �""'r' . � � RECORD OF ACTION TAKEN BY PLANNING & ZONING COMMISSION � Application for: Conditional Use Permit Case No: CUP88-10 On the 28 day of June 19 gg , the action requested in the foregoing petition was approved disapproved X ) subject to the following conditions : CITY COUNCIL ACTION Approved Denied X by the Council this 5 day of �U�y 19�. Resolution No: gg-59 Special Conditions: � �. � � A / � James D. Kerrigan � Planning & Economic Development Director If you have any further questions as relates to this matter, please call Nancy Anderson, 935-8474, extension 146. 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 granted prior to the end of said year may request and the Council may yrant an extension not to exceed one year. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 88-59 RESOLUTION MAKING FINDINGS OF FACT AND DENYING APPLICATION FOR CONDITIONAL USE PERMIT CUP88-10 WHEREAS, an application for a Conditional Use Permit entitled CUP88-10 to allow a residential dwelling in a B-1 District at 11118 Minnetonka Boulevard is denied. WHEREAS, the procedural history of the application is as follows: 1. That an application for Conditional Use Permit CUP88-10 was filed with the City of Hopkins on May 25, 1988. 2 . That the Hopkins Planning Commission reviewed such application on June 28, 1988 . 3. That the Hopkins Planning Conunission, pursuant to published and mailed notices, held a public hearing on June 28, 1988. — 4. That the written comments and analysis of the City staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that the City Council makes the following Findings of Fact in respect to CUP88-10: 1. That the property was not rezoned B-1. Donald J. Milbert, Mayor � � U G � ��� June 29, 1988 yoPK � � Council Report: 88-136 CONDITIONAL USE PERMIT - SHEEHAN 11118 Minnetonka Boulevard Proposed Action. Staff recommends the following motion: Move that the request by Kellv & Pamela Sheehan for a Conditional Use Permit to have a residential dwellinq in a B-1 District is denied This motion will allow the applicants to live in the property at 11118 Minnetonka Boulevard if the property is rezoned to B-l. Overview. The applicants have also applied to rezone the subject property from R-1-E to B-l. The applicants are planning on putting a chiropractic clinic in the home. A Conditional Use Permit is required to live in any B district. The Commission on a 4-1 vote denied the Conditional Use Permit to live in a B-1 District because the property was not rezoned. Since the rezoning was denied, this . Conditional Use Permit is not ^ needed. There was no discussion on this item. Issues to Consider: o What is the impact on the surrounding area if the applicants live in a B-1 District? Supportinq Documents � o Location Map o Planning Report o Resolution Nancy S. Anderson Community Development . Analyst ^ � CR88-136 Page 2 Detailed Background. The Zoning Ordinance allows dwelling units in business districts provided they have the following: l. the dwelling unit does not occupy the first floor 2 . all dwellings must have an entrance leading directly to a public street 3 . the density allowed shall be R-3 The applicants will be using the garage and part of the basement for the clinic. The living area will be above the clinic. Analysis. - What is the impact on the surrounding area if the applicants live in a B-1 district? The approval of this Conditional Use Permit is based on the assumption that the rezoning is approved. However, the staff has recommended ^ that the rezoning of this site be denied. Living in the home if it is rezoned should not present a problem to the surrounding area since it is already a home. The problem may occur with the business on the site because if this site is rezoned there is no guarantee the site will remain as is. Alternatives. 1. Approve the Conditional Use Permit to live in a B-1 district. By granting the Conditional Use Permit the applicants would be able to live at the subject property providing it is rezoned. 2 . Deny the Conditional Use Permit to live in a B-1 district. By denying the Conditional Use Permit the applicants can have a clinic but would not be able to live at the subject site. 3 . Continue for further information. If the Commission feels that more information is needed, the item should be continued. ---� � ' � u � ^ ��� June 20, 1988 y o �, y „ K , Planning Report: CUP88-10 CONDITIONAL USE PERMIT - SHEEHAN 11118 Minnetonka Boulevard Proposed Action. Staff recommends the following motion: Move that the rectuest by Kelly_ & Pamela Sheehan for a Conditional Use Permit to have a residential dwellina in a B-1 District is approved This motion will allow the applicants to live in the property at 11118 Minnetonka Boulevard if the property is rezoned to B-1. Overview. The applicants have also applied to rezone the subject property from R-1-E to B-l. The applicants are planning on putting a chiropractic clinic in the home. A Conditional Use Permit is required to live in any B district. Issues to Consider: - What is the impact on the surrounding area if the applicants live _--, in a B-1 District? Supporting Documents - Location Map - Background - - Resolution � � Nancy Anderson � Communi y Development Analyst -� . � CUP88-10 Page 2 Detailed Background. The Zoning Ordinance allows dwelling units in business districts provided they have the following: l. the dwelling unit does not occupy the first floor 2 . all dwellings must have an entrance leading directly to a public street 3 . the density allowed shall be R-3 The applicants will be using the garage and part of the basement for the clinic. The living area will be above the clinic. Analysis. - What is the impact on the surrounding area if the applicants live in a B-1 district? The approval of this Conditional Use Permit is based on the assumption that the rezoning is approved. However, the staff has recommended — that the rezoning of this site be denied. Living in the home if it is rezoned should not present a problem to the surrounding area since it is already a home. The problem may occur with the business on the site because if this site is rezoned there is no guarantee the site will remain as is. Alternatives. 1. Approve the Conditional Use Permit to live in a B-1 district. By granting the Conditional Use Permit the applicants would be able to live at the subject property providing it is rezoned. 2. Deny the Conditional Use Permit to live in a B-1 district. By denying the Conditional Use Permit the applicants can have a clinic but would not be able to live at the subject site. 3. Continue .for further information. If the Commission feels that more information is needed, the item should be continued. � � CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 88-59 RESOLUTION MAKING FINDINGS OF FACT AND DENYING APPLICATION FOR CONDITIONAL USE PERMIT CUP88-10 WHEREAS, an application for a Conditional Use Permit entitled CUP88-10 to allow a residential dwelling in a B-1 District at 11118 Minnetonka Boulevard is denied. WHEREAS, the procedural history of the application is as follows: 1. That an application for Conditional Use Permit CUP88-10 was filed with the City of Hopkins on May 25, 1988. 2 . That the Hopkins Planning Commission reviewed such application on June 28, 1988. 3 . That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on June 28, 1988. — 4. That the written comments and analysis of the City staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that the City Council makes the following Findings of Fact in respect to CUP88-10: 1. That the property was not rezoned B-1. Donald J. Milbert, Mayor �