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CR 05-086 Conditional Use Permit - Office Building 415 Blake Rd CITY OF m June 29, 2005 HOPKINS Council Report 05-86 CONDITIONAL USE PERMIT - OFFICE BUILDING 415 BLAKE ROAD Proposed Action. Staff recommends the following motion: Move to adopt Resolution 05-57, approvmg a conditional use permit for an office use in the B-1 zoning district. At the Zoning and Planning meeting Mr. Aarness moved and Ms. Halverson seconded a motion to adopt Resolution RZ05-18, recommending approval of a conditional use permit for an office use in the B-1 zoning district. 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. An office use within the B-1 zoning district requires a conditional use permit. 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. The building can be converted to other permitted B- I uses in the future; the only limiting factor will be parking. The site has a limited amount of parking. Primary Issues to Consider. · What is the zoning of the property, and how has the Comprehensive Plan designated the subj ect site? · What are the requirements for an office use in the B-1 zoning district? · What was the discussion at the Zoning and Planning meeting? Supportine: Documents. . Analysis of issues . Resolution 05-57 Financial Impact: $ _N/ A_Budgeted: Related Documents (CIP, ERP, etc.): Notes: Y/N Source: CR05-86 Page 2 Primarv Issues to Consider. . What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The subject property is zoned B-1, Limited Business. The Comprehensive Plan has designated the site as Commercial. The proposed use is a conditional use within the B-1 zoning district. . What are the requirements for an office use in the B-1 zoning district? The following is the requirement for offices in the B-1 zoning district: Offices provided: 1. That not more than 30 percent of the first floor space is devoted to storage, repair, fabricating or assembly of goods. The use as proposed will comply with the above requirement. . What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the reasons for a conditional use permit. Alex Ugorets, the applicant, appeared before the Commission. No one appeared at the public hearing on this Issue. Alternatives. I. Approve offices in the building. By approving the conditional use permit, offices will be allowed in the building at 415 Blake Road. 2. Deny offices in the building. By denying the conditional use permit to allow offices, at 415 Blake Road, the applicant will not be able to have offices at this location. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 05-57 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN OFFICE USE IN THE B-1 ZONING DISTRICT WHEREAS, an application for Conditional Use Permit CUP05-5 has been made by Ugorets Properties, LLC; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by Ugorets Properties, LLC on June 2, 2005; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and 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; and 4. A legal description ofthe subject property is as follows: 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. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP05-5 is hereby approved based on the following Findings of Fact: 1. That the proposed development meets the requirements for a conditional use permit. BE IT FURTHER RESOLVED that application for conditional use permit CUP05-5 is hereby approved based on the following conditions: 1. That site is rezoned to B-1. Adopted this 5th day of July 2005. ATTEST: Eugene J. Maxwell, Mayor Terry Obermaier, City Clerk