CUP 88-02 � .
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CITY OF HOPKINS
APPLICATION FOR: AMENDMENT OF ZONING ORDINANCE DATE: i � •�T - � �%
CONCEPT REVIEW
CONDITIONAL USE PERh1IT �— CASE N0: �'.';// ' '•" � - -
SUBDIVISION APPROVAL ,
VARIANCE FEE: � - �
WAIVER OF PLATTING REQUIREMENTS
DATE PAID: - <' � - `�
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1. Stree t Loca ti on of Property: s (,{l �b2 it/�r2 C� �f\ � (� '( � 7 � St R�C��
2. Legal Description of Property: S ��{ � � �
3. Owner: Name db �'``�`���' �`'P����S 1°��.�f�Address � S`kQ t�=f Phone�?� � (1
�'c2d� I��L�ees t�✓s � a�5, (
4. Applicant's Name: �C �,��c<<< Address ��{�� (,��i1 �'rN`�C2��f Phone �T� --1'� C�
5. Description of Request:�o C�"�r�� � �((i� a'«�C G�E'et?'� �`� �� �� r K��\
'`�Ue.l�. �. 'l t SC " \ e s �C,C l ��(
^ omng District Use
P sent Proposed 7. Pr nt ( Proposed
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8. Reason for Request: ��� � S� , ,E(,�p{��
NGTE: Tf r=eyuest is for variance, please alsu complete attachpd page.
9. What error, if any, in the existing Ordinance would be corrected by the proposed amendmant?
(for Zoning Ordinance amendment only)
10. Exhibits submitted:
Map or pl at showi ng the l.ands::proposed.._to_be changed _ � •��
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 rue and that all ork herein mentioned will be done in ac-
cordance with the Ordinances ,�h � City of Hop �s ,and the laws of the State of Minnesota.
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Signature of Applicant: � � � �
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Signature of Owner: C(C�- I,�c2ll�^��5 � Lr� J ' a (?� �c�� '�F- _
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RECORD OF ACTION TAKEN BY PLANNING & ZONING COMMISSION
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Application for: Conditional_Use Permit_- _ Case No : CUP88-2 __
On the 24 day of Februar _ 19 88 , the action requested in the foregoing
petition was approved x disapproved �) subject to the following conditions :
l. That the miscellaneous buildinq be permitted for 24 months from date of approval
2. That the exact location of the buildinq is determined before approval bv the Citv C9uncil
CITY COUNCIL ACTION
Approved x Denied by the Council this 1 day of March 19 88-
Resolution No: 88-15
Special Conditions: 1. The permit shall be�ranted for a neriod of 74 montht or
�l!]til such time a� thP 1 asPd land unon whirh thP hi,ilciina �''
i� loca Pd is nur .hasPd or hP lease tPrminatPcl,� whi�hevPr
event first occurs
2. The Conditional Use Permit shall be subject to review in 12
months or in any event upon the sale, transfer or conveyance
of the interest of the applicant in the real estate or its
; use.
b�Z� V ` . � V .���vrA' r.
James D. Kerri n
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 grant an extension not to exceed one year.
^ CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION N0: 88-15
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLICATION FOR CONDITIONAL USE PERMIT CUP88-2
WHEREAS , an application for a Conditional Use Permit
entitled CUP88-2 has been made by Rudy Luthers Hopkins
Motors Inc . , at 5th Avenue South & Mainstreet , to construct
an office/storage building.
WHEREAS , the procedural history of the application is
as follows :
1 . That an application for a Conditional Use
Permit CUP88-2 was filed with the City of
Hopkins on January 28 , 1988 .
2 . That the Hopkins Planning Commission reviewed
such application on February 24 , 1988 .
3 . That the Hopkins Planning Commission , pursuant
to published and mailed notices , held a public
hearing on February 24 , 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 respeet to
Conditional Use Permit: CUP88-2:
1 . That the building meets the setback
requirements for a B-3 District .
BE IT FURTHER RESOLVED , that application for
Conditional Use Permit CUP88-2 is hereby approved subject to
the following Conditions :
1 . The permit shall be granted for a period of 24
months or until sueh time as the leased land
upon which the building is loeated is purchased
or the lease terminated whichever event first
occurs ;
2 . The Conditional Use Permit shall be subject to
review in 12 months or in any event upon the
sale , transfer or conveyanee of the interest of
�--�
the applicant in the real estate or its use .
Adopted this 1st day of March , 1988 .
Donald Milbert , N!ayor
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February 25 , 1988 Council Report : 88-39
RUDY LUTHER ' S FiOPKINS MOTORS - CONDITIONAL USE PERMIT
Purpose .
Staff recommends adoption of the following motion: The request bY
Rudy Luther for a Conditional Use Permit to construct a temporarv
buildinQ is approved bv resolution with conditions .
This motion would allow the proposed building to be placed on the site
for a period of six months .
The Zoning and Planning Commission recommended approval on a 3-2 vote
to permit the building on the site for a period of 24 months . Mr.
_ Denny and Mr. Maxwell voted nay.
Overview.
On May 15 , 1987 , Rudy Luther was granted a Conditional Use Permit for
an Auto Sales Lot on the southwest corner of 5th Avenue & Mainstreet .
At that time , two variances were also approved ; one for the square
__ footage of the sales lot and the second for the front yard setback.
The plan that was submitted and approved showed no buildings on the
site . Rudy Luther is now proposing to put a 10 'x12' building on the
' site .
Gordon Nelson , representing Hopkins Motors appeared before the
Commission . Mr. Nelson stated tht because the back 53 feet is leased
property, they do not want to construct a 'permanent type ' building on
. this site . The proposed building would have electricity and heat , but
no plumbing .
Issues to Consider.
o Is the proposed building suitable for a permanent
building?
• SupportinA InPormation.
o Background o Site Plan
o Analysis o Location Map
� .
. Nancy . Anderson •
^ Community Development
Analyst
�
CUP: 88-2
Page 2
BACKGROUND .
Name of Applicant : Rudy Luther ' s Hopkins Notors
Address of Property: Soutnwest corner of 5th Ave . &
Mainstreet
Present Zoning : B-3
Nature of Request :
Reason for Request : The applicant is proposing a 10 'x12 '
building on the leased railroad property.
The building will have 8T' vertical siding and will be shingled . The
height of the building is 8 feet .
The building is proposed to be on the site for at least one year. No
date was given by the applicant as to when it will be removed .
The building will be used for storage and an office .
ANALYSIS.
-_, The building that is being proposed will not only be used for storage
but as office space . The staff feels that because this building will
be used as an office the building should be reviewed and their
Conditional Use Permit revised to reflect a building on the site .
The applicant stated in his letter that this building will be
temporary. It will be located on the site at least one year. The
letter does not state when the building will be removed . The proposed
building is to be placed on the leased property from Hennepin County.
Because the future of this property at this point is unknown , the
applicant does not want to put a permanent building on the site . If
Hennepin County does not make a decision on the fate of the property,
this "temporary" building could become permanent .
The staff is not necessarily opposed to the applicant putting a
permanent building on the site , but do not want this temporary
structure to become permanent . The type of building proposed is
usually used as a secondary storage structure . It is the type that is
usually located in a rear yard setback .
ALTERNATIVES.
1 . Approve the Conditional Use Permit for the office/storage
building . This would allow the applicant to construct
the building as proposed by the applicant .
2 . Deny the Conditional Use Permit for the office/storage
building .
� CUP88-2
Page 3
3 • Approve the Conditional Use Permit for the office/storage
building with conditions . This would allow the applicant
to construct the building but witY� conditions as proposed
by the Commission .
u . Continue for further information . If the Commission
feels that more information is needed to make a decision ,
the item should be continued .
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February 11 , 1988 Planning Commission Report : CUP88-2
RUDY LUTHER 'S HOPKINS MOTORS - CONDITIONAL USE PERMIT
Purpose .
Staff recommends adoption of the following motion: The request bv
Rudy Luther for a Conditional Use Permit to construct a temporarv
buildin� is approved bv resolution with conditions
Overview.
On May 15 , 1987 , Rudy Luther was granted a Conditional Use Permit for
an Auto Sales Lot on the southwest corner of 5th Avenue & Mainstreet .
At that time , two variances were also approved ; one for the square
^ footage of the sales lot and the second for the front yard setback .
The plan that was submitted and approved showed no buildings on the
site . Rudy Luther is now proposing to put a 10 'x12 ' building on the _
site .
Issues to Consider.
o Is the proposed building suitable for a permanent
building?
Supportin� Information.
o Background o Site Plan
o Analysis o Location Map
9
' �n�r��,- �J �.;��..�Y�
Nancy . Anderson
Community Development
Analyst
��
^ CUP: 88-2
Page 2
BACKGROUND .
Nam.e of kpplicant : Rudy Luther ' s Hopkins Motors
Addt°ess of Property: Southwest corner of 5th Ave . &
Mainstreet
Present Zoning : B-3
Nature of Request :
Reason for Request : The applicant is proposing a 10 'x12 '
building on the leased railroad property.
The building will have 8" vertical siding and will be shingled . The
height of the building is 8 feet .
The building is proposed to be on the site for at least one year . No
date was given by the applicant as to when it will be removed .
The building will be used for storage and an office .
ANALYSIS.
The building that is being proposed will not only be used for storage
^ but as office space . The staff feels that because this building will
be used as an office the building should be reviewed and their
Conditional Use Permit revised to reflect a building on the site .
The applicant stated in his letter that this building will be
temporary . It will be located on the site at least one year . The
letter does not state when the building will be removed . The proposed
building is to be placed on the leased property from Hennepin County.
Because the future of this property at this point is unknown , the
applicant does not want to put a permanent building on the site . If
Hennepin County does not make a decision on the fate of the property,
this "temporary" building could become permanent .
The staff is not necessarily opposed to the applicant putting a
permanent building on the site , but do not want this temporary
structure to become permanent . The type of building proposed is
usually used as a secondary storage structure . It is the type that is
usually located in a rear yard setback .
ALTERNATIVES.
1 . Approve the Conditional Use Permit for the office/storage
building . This would allow the applicant to construct
the building as proposed by the applicant .
—`
2 . Deny the Conditional Use Permit for the office/storage
building .
--� CUP88-2
Page 3
3 • Approve the Conditional Use Permit for the office/storage
building with conditions . This would a11oFr the applicant
to construct the building but with conditions as proposed
by the Commission .
4 . Continue for further information . If the Commission
feels that more information is needed to make a decision ,
the item should be continued .
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