CUP 88-05 . �
�
CITY OF HOPKINS
APPLICATION FOR: AMENDMENT OF ZONING ORDINANCE DATE: �j - �� �y
CONCEPT REVIEW �
CONDITIONAL USE PER�tIT � CASE N0: �:'�/� " ��- =�
� SUBOIVISION APPROVAL
FEE: %=�
VARIANCE -
WAIVER OF PLATTING REQUIREMENTS
DATE PAIO:
1. Street Location of Property: j C� �� � �� `'�
2. Legal Description of Property: �
3. Owner: Name �
Address �� /� ,����PhoneS /—i �
4. Appl i cant's Name• Addres�/S��cy�-r7 Phone,�'q�=�/��
5. Description of Request:
`� oning District Use
Present Proposed 7. Present Proposed
8. Reason for Request: I
P;OTE: If request is for va�ianc2, please aiso ca�plete zttached page.
9. What error, if any, in the existing Ordinance would be corrected by the proposed ame�dment?
(for Zoning Ordinance amendme�t only)
10. Exhibits submitted:
Map or plat showing the lands proposed to be changed
Othe r
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:
Signature of Owner: ��� �C
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RECORD OF ACTION TAKEN BY PLANNING & ZONING COMMISSION
Application for: Conditional Use - Excavating Case No: CUP°�-5
On the 26 day of A ril 19 88 , the action requested in the foregoing
petition was approved X disapproved �) subject to the following conditions :
1. The applicant can start excavatinq when the Conditional Use Permit to construct
the apartments is qranted � ^_
2. That a $10,000 Performance Bond for levelinq and plantinq the site which will be
forfeited if construction does not start bv Mav 3, 1989.
CITY COUNCIL ACTION
Approved X Denied by the Council this 3 day of May i9 88 .
Resolution No: R83-21 _
Special Conditions: 1. The applicant can start excavating when the_Conditional
Use Permit to construct the apartments is qranted. �'
2. That a $10,000 Performance Bond for leveling and planting
the site which will be forfeited if construction does not
start b_v Mav� 3, 1989.
lr--
mes 0. Kerrigan
Planning & conomic Develop ent 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 grant an extension not to exceed one year.
• G � r � �
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O P K , e�
� April 27 , 1g$$ Council Report: 88-82
CONDITIONAL USE PERMIT - STOBBE DEVELOPMENT COMPANY
Proposed Action. •
The staff recommends the following motion: "That the Conditional Use
Permit for removinR more than 400 cubic yards of soil is approved bv
resolution with conditions . "
Approval of this motion will allow the applicant to dig the basement
of the proposed 63 unit apartment building.
The Zoning and Planning Commission recommended unanimously to approve
� the Condit.ional Use Permit to allow removal of more than 400 cubie
yards of soil.
OvervieW.
Erwin Stobbe , the applicant , is proposing to construct a 63 unit
apartment building on the sub�ect site . Mr. Stobbe's Conditional Use
Permit to build these apartments has been continued to aWait the
outcome of the EAW. Mr. Stobbe has another development in another
city and needs fill for that site. He wants to dig the basement for
the apartments and use the dirt from the Hopkins site for fill at the
'-' other development.
. Mr. Stobbe applicant , and Mr. Norm Wells .architect , appeared be�fore
the Commision. This item Was also continued aWaiting the results of
the EAN on the 63 unit apartment . Mr. Stobbe is still requesting this
Conditional IIse Permit because he may need to remove the soil for
another pro�ect before he applies for a abuilding permit. It Was
noted that he Will need a grading permit to remove the soil.
Issues to Consider.
o Will the excavation affect the surrounding property?
o What is the effect on the site if the apartments are never
constructed?
Supportin� Information.
o Background � o Location Map
o Alternatives o Site Plan
. (}
�.i�
Nancy . Anderson
•Community Development • �
-- Analyst
--�
CUP88-5
Page 2
Background .
Ordinance 520 . 17 states land reclamation and mining is permitted in
all zoning districts by Conditional Use Permit . Mining is defined as
the extraction and removal of material from land in an amount more
than u00 cubic yards .
The applicant will be removing more than 400 cubic yards of soil .
Analysis . .
One concern of the staff is the effect of digging the basement on the
surrounding property. The Building Inspector and Director of
Engineering have reviewed the plans and determined that the basement
will be dug properly to assure that there is no erosion .
The second and main concern to the staff is what would happen if the
apartments were not built and the basement was dug. If this were to
happen , the City feels some assurances are needed that the land will
not remain with a large excavated area .
The staff is hesitant to recommend approval to excavate for the
basement if the apartments are not started until sometime in the
future . We have no guarantee that if the basement is dug- that
apartments will ever be constructed . Many things can go wrong to
prevent construction and the City would end up with a site with a big
hole .
The site abutts a residential area . Nothing will prevent children
from playing on the site and possibly falling in the excavated area.
This site would provide a hazardous playing area for ehildren .
The EAW is in the process now and we have every indication that it
will come back favorable . The staff would like to see no excavation
start until the Conditional Use Permit is granted for the apartment
building and applicant be required to supply a $10 ,000 Performance
Bond . This would insure the City that the site Would not remain
excavated for a long period of time and there would be funds to level
and plant the site .
Alternatives .
1 . Approve the Conditional Use Permit to excavate more than
�00 cubic yards of soil . This alternative will allow the
applicant to dig the basement of the apartment building .
—' 2 . Deny the Conditional Use Permit to excavate more than 400
cubic yards of soil . This alternative will make the
applicant wait to remove soil until the construction
starts for the apartments .
� CUP88-5
Page 3
3 • Approve the Conditional Use Permit to excavate once the
Conditional Use Permit to construct the apartments is
approved and post a $10 ,000 Performance Bond . This
alternative will allow the applicant to start excavating
once the Conditional Use Permit is granted .
4 . Continue for further information . If the Commission
feels more information is needed , the item should be
continued for a month.
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CITY OF HOPKINS
-� Hennepin County, Minnesota
RESOLUTION N0: R88-21
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLICATION FOR CONDITIONAL USE PERMIT CUP88-5
WHEREAS, the procedural history of the application
is as folloWs:
1 . That an application for Conditional Use Permit
CUP88-5 was filed with the City of Hopkins on
March � , 1988 .
2 . That the Hopkins Planning Commission revieWed
such application on March 29 , 1988 .
3 . That the Hopkins Planning Commission , pursuant
to published and mailed notices held a public
hearing on March 29 , 1988 ; 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
considered .
�
NOW THEREFORE BE IT RESOLVED , that the Hopkins
City Council makes the following Findings of Fact in respect
to CUP88-5 :
1 . That the removal of the soil will cause a
hazardous area .
2 . That granting of the Conditional IIse Permit
does not guarantee that the apartments will
ever be constructed .
BE IT FURTHER RESOLVED , that application for
Conditional Use Permit CUP88-5 is hereby approved sub�ect to
the following Conditions:
1 . The applicant can start excavating When the
Conditional Use Permit to construct the
apartments is granted .
2 . That a $10 ,000 Performance Bond for leveling
and planting the site which will be forfeited
if construction does not start by May 3 , 1989 -
�
Adopted this 3rd day of May, 1988 .
Donald J. Milbert , Mayor
. ` U
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--� ���
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O N
P K �
March 22 , 198$ Planning Report : CUP88-5
CONDITIONAL USE PERMIT - STOBBE DEVELOPMENT COMPANY
Proposed Action.
The staff recommends the following motion: "That the Conditional Use
Permit for removing more than �+00 cubic yards of soil is approved by
resolution with conditions . "
Approval of this motion will allow the applicant to dig the basement
of the proposed 63 unit apartment building.
Overview.
Erwin Stobbe , the applicant , is proposing to construct a 63 unit
apartment building on the sub�ect site . Mr. Stobbe ' s Conditional Use
Permit to build these apartments has been continued to await the
outcome of the EAW. Mr. Stobbe has another development in another
city and needs fill for that site . He wants to dig the basement for
the apartments and use the dirt from the Hopkins site for fill at the
� other development .
Issues to Consider.
o Will the excavation affect the surrounding property?
o What is the effect on the site if the apartments are never
constructed?
Supporting Information.
o Location Map
o Site plan
o Background
o Alternatives
Nanc S. Anderson
Community Development
Analyst
^ -
� CUP88-5
Page 2
Background .
Ordinance 520 . 17 states land reclamation and mining is permitted in
all zoning districts by Conditional Use Permit . Mining is defined as
the extraction and removal of material from land in an amount more
than �00 cubic yards .
The applicant will be removing more than �00 cubic yards of soil .
Analysis . �
One coneern of the staff is the effect of digging the basement on the
surrounding property. The Building Inspector and Director of
Engineering have reviewed the plans and determined that the basement
will be dug properly to assure that there is no erosion.
The second and main coneern to the staff is what would happen if the
apartments were not built and the basement was dug. If this were to
happen , the City feels some assurances are needed that the land will
not remain with a large exeavated area.
� The staff is hesitant to recommend approval to excavate for the
basement if the apartments are not started until sometime in the
future . We have no guarantee that if the basement is dug that
apartments will ever be constructed . Many things can go wrong to
prevent construction and the City would end up with a site with a big
hole .
The site abutts a residential area. Nothing will prevent children
from playing on the site and possibly falling in the excavated area .
This site would provide a hazardous playing area for children .
The EAW is in the process now and we have every indication that it
will come back favorable . The staff would like to see no excavation
start until the Conditional IIse Permit is granted for the apartment
building and applicant be required to supply a $10 ,000 Performance
Bond . This would insure the City that the site would not remain
excavated for a long period of time and there would be funds to level
and plant the site .
Alternatives.
1 . Approve the Conditional Use Permit to excavate more than
400 cubic yards of soil . This alternative will allow the
applicant to dig the basement of the apartment building .
2 . Deny the Conditional Use Permit to excavate more than 400
cubic yards of soil . This alternative will make the
applicant wait to remove soil until the construetion
starts for the apartments .
� CUP88-5
Page 3
3 . Approve the Conditional Use Permit to excavate once the
Conditional Use Permit to construct the apartments is
approved and post a $10 ,000 Performance Bond . This
alternative will allow the applicant to start excavating
once the Conditional Use Permit is granted .
4 . Continue for further information. If the Commission
feels more information is needed , the item should be
continued for a month.
�,.,..,,
--�
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