CR 05-085 Rezoning - 415 Blake Rd
CIT Y Of'
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June 29, 2005
NOPKINS
Council Report 05-85
REZONING - 415 BLAKE ROAD
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 05-56, approving Ordinance
05-950. rezoning 415 Blake Road from R-4 to B-1 for first reading.
At the Zoning and Planning meeting, Mr. Aamess moved and Ms. Halverson seconded a motion
to adopt Resolution RZ05-17, recommending approval of Ordinance 05-950, rezoning 415 Blake
Road from R-4 to B-1. The motion was approved unanimously.
Overview.
The property at 415 Blake Road is currently zoned R-4 medium high density multiple family;
however, the use of the site is an office use. The building that was constructed on the site is a
commercial building. The applicant is requesting a rezoning to B-1, limited business.
The applicant has also requested a conditional use permit for an office use within the B-1 zoning
district. With rezoning of the site and a conditional use permit for office use, the use will
conform to the zoning. Attached is the list of B-1 uses.
Primary Issues to Consider.
. What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
. Should the property be rezoned to B-1 ?
. What was the discussion at the Zoning and Planning meeting?
Supportine: Documents.
. Analysis of issues
. B-1 uses list
. Resolution 05-56
. Ordinance 05-950
b~~p
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
I
CR05-85
Page 2
Primarv Issues to Consider.
· What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
The zoning of the property is R-4, Medium High Density Multiple Family. The Comprehensive
Plan has designated this site as Commercial.
. Should the property be rezoned to B-1?
The B-1 use is probably the more logical zoning for this site. B-2 is the downtown area zoning
and B-3 is a more intense business zoning. The site has a history of a business use and is a small
site. The B-1 zoning is a limited business zoning that does not allow more intense uses such as
gas stations and fast food restaurants.
· What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed rezoning. Alex Ugorets, the applicant, appeared before the
Commission. Mr. Ugorets stated that the rezoning would make the building conform to the use.
No one appeared at the public hearing regarding this issue.
Alternatives.
1. Approve the rezoning to B-1. By approving the rezoning to B-1 the building will conform
the actual use.
2. Deny of the rezoning to B-l. By denying the rezoning to B-1 the building use will
continue to be a non-conforming use.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
('1
.
,
Hopkins City Code (Zoning)
535.01
(Revised 10-15-96)
Section 535 - Zoning: business districts
535.01. Business districts. Subdivision 1. Description. The business (B)
districts are in three categories designated as B-1, B-2 and 8-3.
Subd. 2. The pe!:I!li. tted uses of any land or
those uses indicated by the mark "X" and shall be
special limitations, requirements and regulations
uses specially designated by the following marks:
structure in a B district are
further subj ect to those certain
pertaining to those B district
(1), (2) and (3).
(1) means that the use is prohibited on the ground floor;
(2) means that a conditional use permit is required;
(3) means not more than three devices allowed.
Subd. 3. Capital letters following any "X" mark indicate that the use or uses
permitted are subject to and are set forth in the provisions of separate paragraphs
contained in sub~ection 535.03 which corresponds to the capital letter or letters
set forth in this subsection. The permitted use upon any land or in any structure
in a ~ district is considered the principal Use.
(Amended Otd. 639) (Amended Ord. 96-787)
PERMITTED USES
1. Adult-oriented business, as
governed and regulated by
Chapter 1165 of the City Code.
(Amended 95-762)
2. Airport
3. Amusement device
4. Appliance store
5. . Art shops - pictures
6. Auction - public or private
7. Auto repair
8. Auto accessory and parts
9. Auto sales andlor lease
10. Auto wash subject to permit
11. Armory, auditorium, exhibit hall
12. Bakery
13. Banks, savings and loan
14. Bar - Tavern
15. Beauty or barber shop
16. Boat - marine sales
17. Books - office supplies
18. Bottling plant not in excess of
6,000 sq. ft.
19. Boutiques
20. Bowling - table tennis, pool hall
21. Broadcasting (T. V. - radio)
22. Bus and other transit
23. Business school
8-1
(3)XBB
x
(2)XJ
(2)XU
B-2
B-3
x
x
x X
(3)XB8 XBB
X X
X X
(l)X X
X
(l)X X
(2)XA
X
(2)XB (2)XB
X X
X (2)XV
X X
X X
X
X X
X
X (2)XJ
X X
X X
X X
(l)X X
Section 535 Page 1
Hopkins City Code (Zoning)
PERMITTED USES
E-l
24. Cabinet - electrical, heating,
plumbing, upholstery, air condition-
ing provided the operation does not
exceed 5,000 sq. ft.
25. Camera - photographic
26. Carpet and floor covering
27. Clinics X
28. Clothing store
29. Clubs (private - non profit)
30. Coin and stamp X
31. Commercial greenhouse
32. Costume & formal wear rental
33. Currency exchange (Added Ord. 04-920)
34. Cycle shop and snowmobile
35. Day nursery (2)XE
36. Delicatessen
37. Department store
36. Dental - Med. Lab
39. Drive-ins (non food)
40. Drj cleaning and laundry
41. Dry cleaning and laundry pickup X
42. Employment agency
43. Essential public service & utility X
structures
44. Fabric and sewing store (2)XI
45. Fixit shop (2) XY
46. Florist. X
47. Furniture store
46. Garden and landscape (2)XZ
49. Gifts and novelties (2)XJ
50. Glasswarel china, pottery
51. Glass and mirror installation
52. Groceryt fruit, vegetable
53 . Hardware
54. Health clubs - studio X
55. Hobby - crafts - instruction
56. Hotel - motel
57. Interiors - decorating studio X
56. Jewelry
Section 535 Page 2
B-2
X
X
X
X
(l)XC
x
(2)XW
(2)XE
X
X
(I)X
(2)XF
(2)XG
X
X
X
X
XY
x
x
(2)XZ
X
X
X
(2)XK
X
X
X
X
X
535.01, Subd. 3, 24.
(Revised 4-29-04)
B-3
X
X
X
(2)XC
(2)XD
X
(2)XEE:
X
(2)XE
X
X
(2)XF
X
X
X
X
XY
X
X
(2) XZ
(2)XJ
X
X
X
X
X
(2)XK
Hopkins City code (Zoning)
.
PERMITTED USES
B-1
.
58. Karate, health club, dance studio (2)XL
59. Leather goods - luggage
60. Library - public or private
61. - Liquors
62. Locker plan - 6,000 sq. ft. maximum
63. Locksmith and fixit shop
64. Lumber and related it~
65. Meats
66. Mortuary X
67. Motors repairing
68. Music store
69. Newsstand
70. Offices (2)XN
71. Open sales lot (2) XO
72. Optical - jewelry mfg.
73. orthopedic - medical supplies
(sales and manufacturing)
74. Paint and wallpaper
75. Parking ramps and lots
76. Pawn shop - antiques - used materials
77. Phannacy - drug store
78. Photography - studio
79. Picture framing - art shop
80. Pipe - tobacco shop
81. Post office
82. Print shop
83. Public auction (see auction)
84. Records, TV, radio, sound, phono
85. Religious institutions, etc. X
86. Rental service
87. Research labs
88. Residential 2)XH
89. Restaurant - traditional X
90. Restaurant - carry-out and delivery
91. Restaurant - drive-in
92. Restaurant - fast food
93. Roller rink - ice arena
94. Self-service station
95. Service station
96. Shoes - boots store
97, Sporting goods
Section 535 Page 3
B-2
(1)X
X
X
X
(2)XY
X
X
X
(2)XO
(1lX
X
X
X
X
X
X
X
X
(2)XE'
X
(2)XCC
(2)XH
X
x
X
X
535.01, Subd. 3, 59.
(Revised 10-15-96)
B-3
X
x
X
X
(2)XY
X
X
X
X
X
X
(2)XO
X
X
X
X
X
X
X
X
X
X
X
(2)XCC
(2)XQ
(2)XT
(2)XH
X
X
(2)XR
(2)XS
X
(2)XDD
(2)XM
X
/
Hopkins city Code (Zoning)
535.01, Subd. 3, 98.
(Revised 4-28-05)
.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
PERMITTED USES
B-1
B-2
B-3
(2)XJ
X
X
X
X
X
X
X
X
(2)XAA
X
X
X
Uses permitted in a=f B district category subject to the following minimum
floor and lot area, lat widths, yard requirements, and building heights, in feet.
Stationery - c1E/:d shop X X
Stone monument sales
Tailoring X
Taxidermist
Taxi terminal
Theater - non-dl:f.ve-in X
Tires - batterF. accessory & recap
Trade school (l)X
Transient merclram!ts {Added Ord. 05-947)
Truck - trailer sa~es
Variety stores X
. veterinary clin.ic: ~X
Video - sales. =ta1 X
Warehouse - lQ,OGtO sq. ft. maximum,
not abutting Mainstreet (Amended Ord. 2000-841)
AREA AND YARD LIMITATIONS
B-1 B-2
5,000
50 20
1.0 6
20 1
10 0
10 10
Lot area - sq. ft.
Lot width - ft.
Floor area requirement - F.A.R.
Front yard
Front yard - P .1J.D_
Side yard
Rear yard
Requirements for lots fronting state
and county rea""" as follows:
Front yard
Side yard
Building height
Front yard of B lots abutting
R district
side yard abutting R district
Rear yard abuttinr.g R district
Rear yard from alley
Building height
1/2 of the required
same as R district
same as R district
20 10
25 70
Section 535 Page 4
B-3
3,000
25
1.5
1
20
o
15
20
10
25
R district
15
45
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 05-56
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING REZONING 415 BLAKE ROAD FROM R-4 TO B-1
WHEREAS, an application for Zoning Amendment ZN05-4 has been made by Ugorets
Properties, LLC;
WHEREAS, the procedural history of the application is as follows:
I. That an application for zoning amendment was made by Ugorets Properties, LLC
on May 27,2005;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on June 28, 2005:
all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN05-4
is hereby approved based on the following Findings of Fact:
1. That the rezoning to B-1 will comply with the existing use.
BE IT FURTHER RESOLVED that application for Zoning Amendment ZN05-4 is
hereby approved based on the following conditions:
I. That the Conditional Use Permit is granted for an office use in the B-1 zoning district.
Adopted this 5th day of July 2005.
ATTEST:
Eugene J. Maxwell, Mayor
Terry Obermaier, City Clerk
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 05-950
AN ORDINANCE REZONING FROM R-4, MEDIUM HIGH DENSITY MULTIPLE FAMILY
TO B-1, LIMITED BUSINESS
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the present zoning classification of R-4, Medium High Density Multiple Family, upon the
following described premises is hereby repealed, and in lieu thereof the said premises is hereby
zoned as B-1, Limited Business.
That part of Lot 70, Auditor's Subdivision No. 239, Hennepin County, Minnesota, lying
Southwesterly of Minnehaha, Creek except that portion conveyed to Hennepin County for
Highway Purposes.
First Reading:
July 5, 2005
Second Reading:
July 19, 2005
Date of Publication:
July 28, 2005
Date Ordinance Takes Effect:
July 28, 2005
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
.
City Attorney Signature
Date