11-29-2011 1
NOVEMBER DECEMBER MEMBERS
S M T W T F S S M T W T F S CUMMINGS KUZNIA
�1 1 2 3 4 5 1 2 3 NAEF DATTA
6 7 8 9 10 11 12 4 7 8 9 10 11 10 FISHER FIRTH
13 14 15 16 17 18 19 11 12 13 14 15 16 17 ALLARD ANDERSON
20 21 22 23 24 25 26 18 19 20 21 22 23 24
27 28 29 30 25 26 27 28 29 30 31
AGENDA
ZONING & PLANNING COMMISSION
Tuesday, November 29, 2011
REGULAR MEETING 6:30 P.M.
COUNCIL CHAMBERS
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� ITEM: Appiove and sign minutes of the October 25, 2011, regular meeting. .
COMMISSION ACTION: l � � �r�.�'� / / / /
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CASE NO.
SUBD11-4 PRELIMINARY/FINAL PLAT — 115 COTTAGE DOWNS
Public Public Hearing to consider the preliminary/final plat for 115 Cottage
Hearing Downs
COMMISSION ACTION: / / / /
CASE NO.
VN11-4 AREA VARIANCE — 115 COTTAGE DOWNS
Consideration of an area variance for 115 Cottage Downs.
� COMMISSION ACTION: / / / /
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AGENDA
ZONING & PLANNING COMMISSION
� PAGE 2
CASE NO.
CUP11-1 CONDITIONAL USE PERMIT — SERVICE STATION
Public Public Heaiing to consider a conditional use permit to operate a gas
Hearing station at 1120 7th Street South
CONIMISSION ACTION: / / / /
ITEM: REPRESENTATIVE TO UPDATE CITY COUNCIL
ADJOURNMENT
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ZONING AND PLANNING COMMISSION MINUTES
� October 25, 2011
A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday,
October 25, 2011, at 6:30 p.m. in the Council Chambers of Hopkins City Hall.
Present were Commission Members Molly Cummings, Doug Datta, Andrew Fisher, Andrea
Naef, Aaron Kuznia and Jennifer Allard. Charles Firth was absent.
Also present was staff inember Nancy Anderson.
CALL TO ORDER
Mr. Kuznia called the meeting to order at 6:30 p.m. in the Council Chambers.
APPROVAL OF MINUTES
Ms. Cummings moved and Ms. Naef seconded the motion to approve the minutes of the
September 27,2011, regular meeting. The motion was approved unanimously.
ITEM: REZONING—325 BLAKE ROAD FROM INDUSTRIAL TO MIXED USE
Ms. Anderson asked for a motion to table this item.
....�
Mr. Kuznia moved and Mr. Fisher seconded a motion to table this item. The motion was
approved unanimously.
� ITEM: PRELIMINARY/FINAL PLAT—208-14TH AVENUE NORTH
Ms. Anderson reviewed the proposed plat. Mr. Stein, the applicant, appeared before the
Commission.
The public hearing was opened at 6:35 p.m. No one appeared at the public hearing. Mr. Datta
moved and Ms. Allard seconded a motion to close the public hearing. The motion was approved
unanimously. The hearing was closed at 6:36 p.m.
Ms. Cummings moved and Mr. Datta seconded a motion to adopt Resolution RZI1-15,
recommending approval of a preliminary/final plat at 208-14�h Avenue North. The motion was
approved unanimously.
ITEM: PRELIMINARY/FINAL PLAT- 21 AVENUE NORTH
Ms. Anderson reviewed the proposed plat. Rob Eldridge, the applicant, appeared before the
Commission. Mr. Eldridge stated that they are marketing the lot for a proposed single family
home.
--�
The public hearing was opened at 6:45 p.m. No one appeared at the public hearing. Ms. Naef
moved and Ms. Allard seconded a motion to close the public hearing. The motion was approved
unanimously. The hearing was closed at 6:46 p.m.
�
MINUTES OF THE ZONING AND PLANNING MEETING, October 25, 2011
Page 2
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Ms. Naef moved and Ms. Allard seconded a motion to adopt Resolution RZ11-16,
recommending approval of a preliminary/final plat at the empty lots between 337 and 349 21S`
Avenue North. The motion was approved unanimously.
ADJOURN
Ms. Allard moved and Mr. Fisher seconded a motion to adjourn the meeting. The motion
was approved unanimously. The meeting was adjourned at 6:47 p.m.
MEMBERS
ATTEST:
�
Aaron Kuznia, Chair
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' G�TY �F
^ November 10, 2011 H O P K I N S Planning Report SUBD11-4
PRELIMINARY/FINAL PLAT— 115 COTTAGE DOWNS
Proposed Action
Staff recommends the following motion: Move to adopt Resolution RZ11-17, recommendin�
�proval of a preliminarv/final plat at 115 Cotta�e Downs.
Overview
The property at 115 Cottage Downs is currently a vacant lot. The house was razed because
of water dainage. The home consists of portions of two lots, 40 feet of lot 3 and 75 feet of lot
2. A new home is proposed to be constructed on this property. The fonner home straddled
portions of two lots, as would the new home. The problem is that in the past homes were
allowed to straddle lot lines. This was not a good practice and is not allowed today. To
remedy the situation the owner will have to re-plat.
Primarv Issues to Consider
^ • What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• Do the lots ineet the zoning requirements?
• What are the specifics of the plat? �
• Does the proposed plat meet the subdivision requirements?
• Will a park dedication fee be required?
Supportina Documents
• Analysis of Issues
• Preliminary/Final Plat
• Resolution RZ 11-17
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Nancy . Anderson, AICP
Planner
Financial Ilnpact: $ N/A Budgeted: Y/N Source:
Related Documents (_CIP, ERP, etc.):
Notes:
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� SUBD11-4
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-1-D, Single Fainily Low Density. The Comprehensive Plan
has designated this site as Residential. The proposed uses will coinply with both docuinents.
• Do the lots meet the zoning requirements?
A lot in tl�e R-1-D zoning district is required to have a miniinuin size of 20,000 square feet
and a ininimum lot width of 100 feet. The proposed lot will be 117 feet in width. The
proposed lot size is 18,681 square feet. The applicant has applied for a variance.
• What are the specifics of the plat?
The lot will be 117' x 152'. This lot is consistent with the other parcels in the area.
• Does the proposed plat meet the subdivision requirements?
�--�
The plat, as proposed,ineets the subdivision requirements.
• Will a park dedication fee be required?
A park dedication fee not will not be required because no additional lots will be created.
Alternatives
1. Recommend approval of the preliminary plat/final plat. By recoimnending approval of
the preliininary/final plat, the City Council will consider a recoinmendation of approval.
2. Recoinmend denial of the preliininary/final plat. By recorrunending denial of the
preliininary/final plat, the City Council will consider a recoinmendation of deniaL If the
Planning Corrunission considers this alternative, findings will have to be identified that
support this alternative.
3. Continue for further information. If the Planning Coinmission indicates that further
infonnation is needed, the item should be continued.
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CITY OF HOPKINS
� Hennepin County, Minnesota
RESOLUTION NO: RZ11-17
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING
APPROVAL OF A PRELIMINARY/F1NAL PLAT FOR 1 l 5 COTTAGE DOWNS
WHEREAS, an application for a preliininary/final plat SUBD11-4 has been submitted by Steven
Streeter;
WHEREAS, the procedural history of the application is as follows:
1. That an application for preliininary/final plat was subinitted by Steve Streeter on October
14, 2011;
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
November 29, 2011: all persons present were given an opportunity to be heard; and
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3. That the written corrunents and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the application for a preliminary/final plat
SUBD11-4 is hereUy recommended for approval based on the following Findings of Fact:
1. That the preliminary/final plat ineets the subdivision requireinents.
BE IT FURTHER RESOLVED that application for preliininary/final plat SUBD11-4 is hereby
recominended for approval based on the following condition:
1. That the applicant must provide current evidence of title, in the fonn of a corrunitment for
title insurance, to the City Attorney.
Adopted this 29th day of November 2011.
�� Aaron Kuznia, Chair
' G�TY �F
� November 10, 2011 H� P K I N s Planning Report VN 11-4
AREA VARIANCE— 115 COTTAGE DOWNS
Proposed Action
Staff recoinmends the following inotion: Adopt Resolution RZ11-18, recoininendin�
approval of an area variance for 115 Cotta�e Downs.
Overview
The home at 115 Cottage Downs has been razed because of water damage. 115 Cottage
Downs consists of parts of two lots. The former hoine straddled the two lots, as would the
new home. The problem is that in the past homes were allowed to straddle lot lines. This
was not a good practice and is not allowed today. To reinedy the situation the owner will
have to re-plat. The new lot will be 117' x 152'.
The ininiinuin lot size in the R-1-D zoning district is 20,000 square feet; the proposed lot has
18,681 square feet. Without the variance, the lot will be unbuildable.
Primary Issues to Consider
�
• What is the zoning of the property, and how has the Coinprehensive Plan
designated the subject site?
• What does the ordinance require?
• What are the specifics of the applicant's request?
• What practical difficulties does the property have?
Supporting Documents
• Analysis of Issues
• Survey
• Resolution RZ11-18
� � � �
Nanc . Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
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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 R-1-C, Single Family Medium Density. The Comprehensive
Plan has designated the site as Low Density Residential. The proposed use coinplies with
both docuinents.
. What does the ordinance require?
The R-1-D district requires a minimum lot size of 20, 000 square feet.
• What are the specifics of the applicant's request?
The applicant will be re-platting the lots to coinbine thein into one lot of approximately
18,681 square feet.
. What practical difficulties does the property have?
� The new state statute requires three standards for the granting of a variance. The three
requireinents are:
1. That practical difficulties cited in connection with the granting of a variance
ineans that the property owner proposes to use the property in a reasonable
manner not pennitted by an official control;
2. The plight of the landowner is due to circuinstances unique to the property not
created by the landowner; and
3. The variance, if granted, will not alter the essential character of the locality.
The applicant ineets the three requirements to grant a variance. Without the granting of this
variance the lot will be unbuildable. The lot being unbuildable is a practical difficulty, and
granting a variance will provide the applicant a reasonable use of the property of constructing
a single family home.
Surrounding uses
The site is sui-�-ounded by single family homes.
Alternatives.
� 1. Recominend approval of the area variance. By recoinmending approval of the area
variance, the City Council will consider a recoinmendation of approval.
2. Recommend denial of the area variance. By recommending denial of the area variance,
VN 11-4
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the City Council will consider a recommendation of denial. If the Planning Commission �
considers this alternative, findings will have to be identified that support this alternative.
3. Continue for further infonnation. If the Planning Coinmission indicates that further
infonnation is needed, the itein should be continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
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RESOLUTION NO: RZ11-18
RESOLUTION MAKING FII�FDINGS OF FACT AND RECOMMENDING
APPROVAL OF AN AREA VARIANCE FOR 115 COTTAGE DOWNS
WHEREAS, an application for Variance VN11-4 has been inade by Steven Streeter, and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN11-14 was inade by Steven Streeter
on October 14, 2011;
2. That the Hopkins Zoning and Planning Coinmission, pursuant to mailed
notice, held a ineeting on the application and reviewed such application on
Noveinber 29, 2011: all persons present were given an opportunity to be
heard;
3. That the written cominents and analysis of the City staff were considered;
and
4. Legal description of the parcel is as follows:
The east 40.00 feet of Lot 3 and that part of Lot 2 lying west of the east 15.00 feet
thereof, all in Block 4, KNOLLWORD, Hennepin County, Minnesota.
� NOW, THEREFORE, BE IT RESOLVED BY THE ZONING AND PLANNING
COMMISSION OF THE CITY OF HOPKINS, MINNESOTA, that application for Variance
VN11-4 to reduce the area for a lot from 20,000 to 18,681 square feet is hereby recommended
for approval based on the following Findings of Fact:
1. That 115 Cottage Downs does have a circuinstance peculiar and unique to the
parcel.
2. That the lot is unbuildable without the variance.
3. That the applicant will not have reasonable use of the property without the
granting of a variance.
BASED ON THE FOREGOING FINDINGS OF FACT, the Zoning and Planning
Commission of the City of Hopkins, Minnesota, hereby detennines that the literal enforcement
of the 20,000 square-foot ininiinum lot size in the R-1-D zoning district would cause an undue
hardship because of circuinstances unique to the subject property, that the granting of the
requested variance to the extent necessary to coinpensate for such hardship is in keeping with the
intent of the Hopkins Ci�y Code, and that the variance of 1,319 square feet is reasonable.
Adopted this 29th day of November 2011.
� Aaron Kuznia, Chair
.�
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• G�TY OF
� November 10, 2011 N� P K I N S Planning Report CUP11-1
CONDITIONAL USE PERMIT— GAS STATION
Proposed Action
Staff recommends the following inotion: Move to adopt Resolution RZ11-19, reconunendin�
approval of a conditional use permit for operation of a �as station at 1120 Seventh Street
South.
Overview
Mourad Zahi has purchased the fonner gas station at 1120 Seventh Street South. The gas
station was fonnerly an Oasis Market. All of the Oasis Markets were closed in the Twin City
area and then auctioned of£ The gas station was closed for over six inonths, so the
conditional use pennit for a gas station has expired.
The gas tanks have been tested by the MPCA and they have passed. The applicant will be
operating as a Marathon gas station.
--�
Primary Issues to Consider
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• What are the conditions for a gas stations?
Supportin�Documents
• Analysis of Issues
• Site Plan
• Neighborhood Minutes
• Resolution RZ 11-19
�� �� �'��` � �
Nancy . Anderson, AICP
Plann
Financial Impact: $ N/A Budgeted: Y/N Source:
'� Related Documents (CIP, ERP, etc.):
Notes:
� CUP11-1
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-3, General Business. The Comprehensive Plan has
designated the site as Commercial. The proposed use complies with both documents.
• VVhat are the conditions for a gas station?
Service Station provided:
1. The site shall be constructed for drainage according to a plan submitted and approved
by the city engineer and fire marshal.
2. The entire site not covered with building or landscaping shall be hard surfaced.
3. The lighting shall be accomplished in such a way as to have no direct source visible
frorn the public right-of-way or adjacent land in the residential district.
4. No driveway access shall be less than 40 feet from a street intersection.
5. Any other business operated on the site shall confonn to this code.
� 6. The site shall be constructed for parking and traffic according to a plan submitted and
approved.
7. Stacking for gas pumps shall be provided for at least one car beyond the puinp island
in each direction in which access can be gained to the pump. The required stacking
shall not interfere with internal circulation patterns or with designated parking areas
and shall not be pennitted on any public right-of-way, private access easement or
within the required parking setback.
8. The front year shall be landscaped and ten feet in depth; if station is non-confoi-�ning
a curb shall be constructed to separate the drive from public walk.
9. No vehicles which are unlicensed and inoperable shall be stored on preinises except
in appropriately designed and screened storage areas.
10. All repair, assembly, disassembly and inaintenance of vehicles shall occur within
closed buildings except minor maintenance, including tire inflation, addition of oil
and wiper replacement.
The gas station coinplies with the above conditions.
Alternatives.
1. Recommend approval of the conditional use pennit. By recommending approval of the
conditional use pennit, the City Council will consider a recommendation of approval.
2. Recoinmend denial of the conditional use permit. By recomrnending denial of the
~ conditional use permit, the City Council will consider a recoimnendation of deniaL If the
Planning Coinmission considers this alternative, findings will have to be identified that
support this alternative.
CUP11-1
Page 3
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3. Continue for further infonnation. If the Planning Commission indicates that further
infonnation is needed, the item should be continued.
�
�✓
,�-� November 7th 2011 at 8:00 pm
1120 7th St S Hopkins MN 55343
Neighborhood meeting for conditional use permits and rezoning regarding Hopkins Express gas
station
Meeting led by Mourad Zahi
In attendance;
Mourad Zahi, business owner of Hopkins Express
Rabi Yousfie, land lord of the gas station
Molly Cummings of Hopkins Zoning and Planning
Ann Hanke
Barb Lehman
Dan Damschon
Meeting began by Mourad Zahi at 8:12 pm
Mourad Zahi informed everyone that the purpose of this meeting is to inform the neighborhood of
the intent to reopen a gas station under the Marathon branding at 1120 7th St S Hopkins MN
55343.
Mourad Zahi opened the floor for questions and comments to those in attendance.
Barb Lehman inquired what hours they intend to operate Hopkins Express.
Mourad Zahi informed them that the plan was to operate from 6:00 am until 11:00 pm daily.
Barb Lehman commented that she hopes if they ever expand the operation to 24 hours a day that
they would not be operating the car wash during the fuil 24 hours.
Mourad Zahi informed them that they would not be.
Molly Cummings asked if they have owned any other gas stations.
Mourad Zahi responded that they have not.
Dan Damschon inquired as to when Hopkins Express planned to open.
,,.,� Mourad Zahi informed them that they can get the license as soon as after the first Tuesday of
December; and that they are ready to open as soon as they get the license.
Barb Lehman asked if that meant the anticipated open date would be mid-December.
Mourad Zahi answered yes.
Molly Cummings inquired if Hopkins Express would be equipped with "pay-at-the-pump"gas
pumps.
Mourad Zahi informed them that there would be"pay-at-the-pump"gas pumps, and some "pay-
inside" pumps.
Molly Cummings inquired about any comments or concerns that had been brought to Mourad Zahi
about Hopkins Express by people in the community not in attendance at this meeting.
Mourad Zahi informed them that there had not been any concerns brought to him; but that there
had been many people asking when the Hopkins Express would open, as well as general
excitement from the community.
Molly Cummings commented that taking the building from empty to enterprise is a positive thing
and that she feels they are doing a great job and a great thing for the community.
Mourad Zahi asked for any other questions or comments; there were none.
Mourad Zahi called the meeting to a close at 8:20 pm.
�
CITY OF HOPKINS
Hennepin County, Minnesota �-'
RESOLUTION NO: RZ11-19
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT FOR A SERVICE
STATION AT 1120 SEVENTH STREET SOUTH
WHEREAS, an application for a Conditional Use Pennit CUP11-1 has been made by Mourad
Zahi;
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendment was made by Mourad Zahi on October
19, 2011.
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on Noveinber 29,
2011: all persons present were given an opporiunity to be heard.
3. That the written coirunents and analysis of City staff were considered.
�
4. Legal description of the parcel is as follows:
The north 221.25 feet of the east 250 feet of the west '/z of the Northeast '/ of
Southwest '/ except roads
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Pernlit
CUP11-1 is hereby recommended for approval based on the following Findings of Fact:
1. That the service station meets the requirements for a conditional use pennit.
2. That the existing tanks ineet the requirements for the MPCA.
Adopted this 29th day of November 2011.
Aaron Kuznia, Chair
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