CR 89-36 Rezoning - Leadens 7 Blake Road South ��>
^ February 1 , 1989 Council Report : 89-36
REZONING - LEADENS
7 Blake Road South
Proposed Action .
Staff recommends approval of the following motion : ��Adopt Resolution
No: 89-1 approvin� the rezonin� of 1202 East Excelsior Avenue and the
north 13 feet of 7 Blake Road South
This motion will make the existing building conforming while limiting
the uses on the site .
The Commission unanimously voted to recommend approval of Resolution
No . 89-1 which will rezone the subject property from R-1 -C/B-3 to B-1 .
It should be noted by the Council that all rezonings require a 2/3
vote of all its members .
Overview.
The applicant owns 1202 East Excelsior Avenue , the site of Leadens
Investigations , 7 Blake Road South , an empty lot , and 11 Blake Road
South , a single family home . The existing dividing line between B-3
and R-1 -C is 74 feet from Excelsior Boulevard . This zoning line runs
through the applicants building . The existing building and use are
^ legal non-conforming . Before the applicant knew where this line
existed , he requested the rezoning of the north half of 7 Blake Road
to B-3 .
When the placement of the zoning line was discovered , the staff worked
with the applicant to change his request and to come up with a
solution that both the neighborhood and he would be content with .
The applicant is requesting a rezoning of 1202 East Excelsior Avenue
and the northerly 13 feet of 7 Blake Road South from B-3/R-1 -C to B-1 .
The applicant has also requested a waiver of the plat to divide 7
Blake Road South .
Ed Kodet , representing the applicant , appeared before the Commission .
This item had been continued from previous months to allow Mr . Leaden
to meet with the neighborhood and resolve their differences . Mr .
Leaden has met with the residents and resolved the problems . Two
residents did appear at the meeting and stated satisfaction with Mr .
Leadens proposal .
Issues to Consider.
o Has there been any changes in the area since the 1970
court decision?
o Does the applicant have any other options?
Supporting Documents
^ o Location map o Background
o Site plan o Resolution
, ` �
• �, I �I
'����� � 1� I����-� ` �'�
Nancy � . Anderson
Commun ' ty Development
Analys�
CR: 89-36 ]
^ Page 2
Detailed Background
The applicant is proposing to construct a 1400-1600 sq . ft . addition
to the south of the existing building . The applicant needs a rezoning
to construct this addition sinee the area that the addition is to be
constructed on is zoned R-1 -C .
The site plan also shows a wood fence along the lot lines to provide
privacy between the homes and his business . Some wooden privacy
fencing already exists .
The addition will not need approval from the Zoning and Planning
Commission or City Council since the cost is under $150 ,000 .
If the waiver of the plat is also granted , the applicant is proposing
to construct a new single family home on the combined site of 7 and 11
Blake Road South .
In the past there was a dispute over the business/residential zoning
line on the subject site . This was because of an inaccurately scaled
zoning map . The dispute ended up in the Minnesota Supreme Court in
1970 . The Supreme Court ruled the north 74 feet of 1202 East
Excelsior Avenue was a commercial zone . This decision places the
existing zoning between business and residential through the existing
'� building at 1202 East Excelsior .
Issues to Consider .
- Has there been any changes in the area since the 1970 decision?
There have been small changes in the area since the 1970 decision .
The biggest change is the use of the building at 1202 Excelsior from a
gas station to an office use . Also Westside Village has been
constructed to the north of the subject property.
The City has never disputed that this corner should not be commercial .
The problem in the past was how much of the corner should be
commercial . Sinee Mobile Oil was allowed to construct a gas station
on the corner , the dispute on where the zoning line was settled by the
Minnesota Supreme Court in 1970 . Now the applicant has a non-
conforming building and use and also an unbuildable residential lot .
The best solution , in the staffs opinion , is to rezone the applicants
property B-1 and the northerly 13 feet of 7 Blake Road . This would
make the applicants property a conforming use . The B-1 zoning is a
limited business district which is more compatible to a residential
district . Enclosed is a listing of the B-1 uses . The staff is
recommending that the south 35 feet of 7 Blake Road South is combined
with 11 Blake Road South to create a conforming R-1 -C lot . The staff
� feels that both Mr . Leaden and the neighborhood would benefit from
this solution . Mr . Leaden would have a conforming building and use .
The neighborhood would have a new conforming lot , new home_ and uses on
the corner that are more compatible with a residential neighborhood .
� CR: 89-36
Page 3
- Does the applicant have any other options?
If 1202 Exeelsior Avenue is not rezoned , the applicant cannot
construct an addition or really do anything with 1202 Excelsior.
Because the zoning line runs through the applicants building , the use
and building are legal non-conforming . This means that if the
building were destroyed 50% or more , the applicant could only rebuild
the building on the B-3 area.
7 Blake Road is a small empty lot . A home cannot be constructed on
this lot because it is too small . 7 Blake Road would have to be
combined with another lot to provide the necessary area for
construction of a home .
Alternatives .
1 . Deny the request . This alternative would leave the
property as is with the residential/commercial zoning
line 74 feet from Excelsior Avenue .
2 . Rezone 1202 Excelsior Avenue and the north 13 feet of 7
—` Blake Road to B-1 . This would make the applicants use on
the property conforming and would leave a conforming R-1-
C lot . Any B-1 use eould be used on this site .
3 . Continue for further information . If the Commission
feels that additional information is needed , the item
should be continued .
/�
_�_--- _ __ (s)
"� ca i� ►• . � -
�
i o
/ �' � • .
1 . � , - ,
� � , ca�) .
� .
. � (43) (42) er ' .
I 3 2 �
I F ti �
� � � ��
� (35)
� ' (30) o I . '
i �,(
/qis N
/009 I /025 i(!,(/ A� , �` " ,�,
//2/ �
� (33j 8 ^ �48) �
� � ,�`��
E (34) (31) (40) I 18 .
� 185� I � �� .
' � � � ^� (32) � j i �
( �42�3 ��f`b�� ( � 5 i 4 ,3 I /500 /5/3
,
6 I 5 I (, ( `v�; ' ,q �'EN(f��
� � fo�p21 ELS��R �
r�/ /230-
G/� � 1124 I ::=:�;::::; �4� (14) (15) � (16) (17) (19) (20) (21)
�;:�;:;�:�: � 2 . g 4 �5� 6 7 ` 8
(Iq l9)
I '��:�:�:�. /30/ /3// /3/9 /325 /40/ 1409 /417 /425 /:
: =:#�::=:� �e� � �p
REsroN
� /4/8
(10) �� � /3/O /3/B /326 /�02 14/0 /42B
83 ----- 22 21 20 �g ' ��
18 17 �g 15
(13) � 34(46 _-- (33) (32)
(42) (31) �30� �29J (23) (27) (26)
- (34) (35) �36) �49) (5q
!!2) . I � 33(45) (44]32 '23 24 25 �39) (40) (4Q
26 27_ 28 29
30 _
_ _ _ _ • /3/3 /32/ /327 /405 /409
- - - - - �- -� BOYCE ST. �
► �
� 30
' _ I _ ���) (13129_ O _2j14) (24}29 0 � --r - 30-
3 28 � _ O 2{25) �38�9. \ -
4 (12)27 - - - 3 28 O `
I - - - - _ � 4(15) (23127 c O � - - - - -� Q � _
5(2) 26 � � - 4(26) (3�27
5 � �
26 � 26
I _6_ _ _ 25 p _ 6 - ` _5_ � � -
7(3) (II) 24 � 25 6�2T) (36)25 � �
8 __ 7�16) 24 p - - - - - i
I _ _ _ 23_o �_ �2�23-w - - _ ..... _ - -
9(4) (10) 22 � - \ � 8(28) (35)'L3 � � f
10 _g(�7) 22 � 5- ' _
I - - - - _21 ^ - - - `2 ' � c
� ���5) (9) 20 � 10 (pl)_21 m 10
21
- I! - "� - _ _ �v IC
^ • 12 (8) 19 � - - 20 � � i I(29) (34)20 -� I I
I - - -- - - - __ �2(18) _ 19 _ h _12(30) (33)19_ co � - .
13 �g � 13 12
� _I4(6) (7) 17 _ _ (20)18 .r 13 �g � - -
,5 - - -- - -�i M_ 14(19) 17 �
I �6 � . � 15 - - 16- ` _ 14(31) (32)17 � 14
' (5 16 � 15
� GOODR/Ch� 7-
_ � 30 ,__ S/ .
- - '
Hopkins City Code (Zoning)
535.01
�
Section 535 - Zonin : business districts
535.01. Business districts. Subdivision l. Descriotion. The business (B) districts
are in three caLegories designated as B-1, B-2 and B-3.
Subd_ 2. The permitted uses of any land or structure in a B district are those
uses indicated by the mark "X" and shall be further subject to ttiose certain special
limitations, requirements and regulations pertaining to ttlose B district uses
specially designated by the following marks: (1) , (2) and (3) .
�l) means that the use is prohibited on the groutici floor;
(2) means that a conditional use permit is requirc�d;
(3) means not more than three devices allowed.
Subd. 3. Capital letters following any "X" m<�i-k in<iic;ire t.l�:at_ the use or �1se.5
permitted are subject to and are set fOL"Ctl in the provisionti of seE�;ir�i�_�, ��;�1-�f�i-.���hs
contained in subsecCion 535.03 which corresponds to tl�e capi�.il letter or letters set
forth in this subsection.
PEEtMITTED USLS
B-1 f;-2 t;-3
1• Airport
�� 2• Amusement devices subject to permit ` �
3• Appliance store �3�X�� �3)�BB }��;�;
4• Art shops - pictures �' �
S- Auction - public or private � �`
6• Auto repair �1��` X
7- Auto accessory and parts h
8. Auto sales and/or lease �l�X X
9. Auto wash subject to permit �2��
10_ Armory, auditorium, exhibit hall X
�2�XB (2)XB
11_ Bakery
12• Banks, savings and loan X X
13. Bar - Tavern X (2)XV
14. Beauty or barber shop X X
15. Boat - marine sales X X X
16. Books - office supplies X
17. Bottling plant not in excess of X X
6,000 sq. ft. X
18• Boutiques
19. Bowling - table tennis, pool hall �2�XJ X �2)XJ
2�• Broadcasting (T.V. - radio �2�XU X X
) X X
22. Bus and other transit
23• Business school X X
---� (1)X X
?S. Cabinet - electrical, heating,
plumbing, upholstery, air condition- X
ing provided the operation does not
exceed 6,000 sq. ft.
Hopkins City Code (Zoning)
535.01, Subd. 3, 26.
��
B-1 B-2 B-3
26. Camera - photographic
27. Carpet and floor covering X
28. Clinics X X
29. Clothing store X X X
30. Clubs (private - non profit) X
31. Coin and stamp (1)XC (2)XC
32. Commercial greenhouse � X
33. Costume & formal wear rental �2���
34. Cycle shop and snowmobile � �
�2)XW X
3�. Day nursery
�2��E (2)XE (2)�t:
38. Delicatessen
39. Department store � h
40. Dental - Med. Lab �
�1 )� X
42• Drive-ins (non food)
43. Ury cleaning and laundry �2)Xf� (�)k�:
�+4 . Dry cleaning and laundr icku �2��� X
Y P P X X X
4�- Employment agency
47. Essential public service & utility X � h
^ structures �` �
48. Fabric and sewing store
49. Fixit stiop �2�}�I �
50. Florist �Z�XY h}� XY
x � X
52. Furniture store
h X
54. Garden and landscape (2)XZ
55. Gifts and novelties �2�XZ (2)X'L
5G. Glassware, china, pottery �2�XJ X (2)XJ
57. Glass and mirror installation X X
X
59. Grocery, fruit, vegetable
X }{
61. Hardware
62. Health clubs - studio X X
63. Hobby - crafts - instruction X
64. Hotel - motel X X
�2)XK (2)XK
66. Human care clinics
X X X
68. Interiors - decorating studio
X }{
70. Jewelry
X
72. Karate, health club, dance studio
� (2)XL (i�g X
Hopkins City Code (Zoning) 535.01, Subd_ 3, 74.
��
B-1 B-2 B-3
74. Leather goods - luggage �
75_ Library - public or private X X
76. Liquors X X
78. Locker plan - 6,000 sq. ft, maximum X
79. Locksmith and fixit shop (2)XY (2)XY
80. Lumber and related items
X
82. Meats
83. Mortuary � �
� �
84. Motor fuel station '
85. Motors repairing �2�aM
86. Music store �`
� �
88. Newsstand
X
90. Offices �2�aN }�
91. Open sales lot �`
92. Optical - jewelry mfg. �2��� ���X�� (1)�0
93. Orthopedic - medical supplies �I )X h
(sales and manufacturing) �'
95. Paint and wallpaper
96. Parking ramps and lots � h
^ 97- Pawn shop - antiques - used materials � k
� X
99. Pharmacy - drug store X
100. Photography - studio X
101_ Picture framing - art shop X X
102. Pipe - tobacco shop X X
X
104_ Post office
105. Print shop X
106. Public auction �2�XP X
(see auction) X
108. Records, TV, radio, sound, phono X
109. Religious institutions, etc. X
110. Rental service
X X X
111. Research labs �2�XQ
112. Residential (2)XT
113. Restaurant - cafe-tea room �2�� �2�XF� (2)XH
114. Restaurant - drive-in X X X
115. Restaurant - quick order �2��
(2)XS
117. Roller rink - ice arena
X
119. Shoes - boots store X
120. Sporting goods X
X
��
Hopkins City Code (Zoning)
535.01, Subd. 3, 121
�
B-1 B-2 B-3
121. Stationary - card shop
122. Stone monument sales X h (2)XJ
X
124. Tailoring
125. Taxidermist X X
126. Taxi terminal X
X
12g. Theater - non-drive-in
129. Tires - battery, accessory & recap X X
. �
131. Trade school
132. Truck - trailer sales �l�X X
(2)XM
134. Variety stores
135. Veterinary clinic X
�: �
137. Warehouse - 16,000 sq. ft. maximum
X
---�
AREA AND YARD I,IMITATIONS
Uses permitted in any B district category suhject to the followin�; minimum floor
and lot area, lot widths, yard requirements, anci i�uildin�; hcif;hts, in feet.
H-1_ B-2
r,-3
Lot area - sq. ft. 5,000
Lot width - ft. - 3,000
Floor area requirement - F.A.R. 50 20 25
Front yard 1'0 � 1. . 5
Front yard - p,U,p. 20 1 1
Side yard 20
10 0 0
Rear yard 10
Requirements for lots fronting state 10 15
and county roads, as follows:
Front yard
Side yard 20
Building height 10
Front yard of B lots abutting 25
R district 1/2 of the required R district
Side yard abutting R district
Rear yard abutting R districT same as R district
Rear yard from alley same as R district
Building height 20 10 15
25 �0 45
��
.
`4' �� �
�--��----�--�-��
�1 -;��=.-
LEADENS INVESTIGATIONS & SECURITY, INC.
1202 EXCELSIOR AVENUE EAST
HOPKINS, MN 55343
933-2656
NATIONAL 8 INTERNATtONAL
AFFILIATIONS VV�LLIAM LEADENS:PRESIDENT
PRIVATE INVESTIGATOR
LICENSED,BONDED AN�INSURED
January 30, 1989
Mr. and Mrs. Haroid Houpt
and Gale Alfson Kelly
29 Blake Road South
Hopkins, Plinnesota 55343
Dear Elarold, Clara and Gale:
You have expressed a concern that the property at 1l. I31ake Road could be
made into a parking lot. I promise you this will not t►appen. Tfiis letter
�ill also attest tllat in the near future, or as close as financially poss-
ible, the home and garage at 11 I31ake Road will be removed, and a new t�ome
�� with an attached garage will be built, which will conform in size and
appearance with the existing homes in our area. An architect`s drawing of.
the home will be sent to you if you wish.
Also, for the record, neither I, nor my heirs, have any intent of disposing
of either property located at 11 Hlake Road, includin�; 7 Blake Road, and/or
1202 Excelsior i31vd_ You should be aware that with the larger lot at ll
Blake Road including 7 Blake Road, the new home will be Lurther from the
Fioupt residence ttian ttie present home at 11 Blake Road. You can be assured
that the design of the home, and the landscaping, will be more than satis-
factory.
We thank you for your concern. We know that you will be pleased, as we
are all very proud of our neighborhood. If I can ever be of any assistance
to you or your families, please call.
Sincerely,
-�� -��.���
William Leadens, President
LEADENS INVESTIGATIONS & SECURITY, INC.
mrl
^ cc: Planning Commission �
City of Hopkins
� CITY OF HOPKINS
Hennepin County , Minnesota
RESOLUTION N0: 89-1
RESOLUTION MAKING FINDINGS OF FACT AP1D APPROVING
APPLICATION FOR REZONING ZN: 88-5
WHEREAS , an application for Rezoning ZN: 8$-5 made
by William Leadens , 1202 East Excelsior Avenue , to rezone
from R-1 -C to B-1 from Excelsior Boulevard to the north line
of the 48 . 36 foot empty lot adjacent to 7 Elake Road South
is approved .
WHEREAS , ttie procedural history of the application
is as follows :
1 . That an application for rezoning ZN: 88-5 was
filed with the City of Hopkins on November 4 ,
1988 .
2 . That the Hopkins Planning Commission reviwed
such application on November 29 , 1988 .
3 • That the Hopkins Planning Commission , pursuant
to published and mailed notices , held a public
hearing on November 29 , 1988 , December 27 , 19$g
^ and January 31 , 1989 ; all persons present at
the hearing were �iven an opportunity to be
heard .
4 . That the written comments and analysis of the
City Staff and the Planning Commission were
considered .
NOW THEREFORE BE IT RESOLVED , that application for
Rezoning ZN: 88-5 is hereby approved subject to the following
Findings of Fact :
1 . That the rezoning to B-1 of 1202 East Excelsior
Avenue would make the existing use and building
conforming .
2 . That the rezoning of 1202 East Excelsior Avenue
and the north 13 feet of 7 Elake Road South to
B-1 is more compatible to the residential
district to the east and south .
3 • That the remaining portion of 7 Blake Road
South combined with 11 Blake Road South will
create a more conforming R-1 -C lot .
Adopted this 7 day of February , 19g9 ,
��
Donald J. Milbert , Mayor
MEMORANDUM
�
DATE: November 28 , 1988
T0: Zoning & Planning Commission
FROM: Nancy S . Anderson .�}/� �.
SUBJECT: Leadens Investigations
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
This memo is to clarify a few items in the staff report .
First , the foot print of the addition is not correct . At
first I informed the applicant that he needed a 10 foot rear
yard setback , but when a business distriet abutts a
residential district , the rear yard setback is the same as
the residential district . In this case the rear yard
setback is 35 feet . The applicant has not decided on
whether he will ask for a variance or build the addition
with the 35 foot setback .
Secondly , I did not include any information about the
Comprehensive Plan regarding this site . In looking at the
� land use planning map , the map is so poor that the use
cannot be determined . However , I am assuming that since the
applicants ' site is outlined in black , it is not
residential . When the new Comprehensive Plan is completed ,
this property will reflect what ever zoning is determined .
The last item to clarify is that the additional land added
to 11 Blake Road will make the lot conforming in width , but
not in area . The minimum lot area in an R-1 -C district is
12 ,000 square feet . The lot at 11 Blake Road is currently
non-conforming , and not buildable .
For a lot to be buildable , the area required is 2/3 of the
minimum requirement . In this case that is 8 ,000 square
feet . The additional land will provide the lot with the
minimum lot width and make the lot buildable . In a sense ,
11 Blake Road will be made "more" conforming . 11 Blake Road
will have approximately 10 ,000 square feet .
��