CR 03-175 Conditional Use Permit - WalserNovember 26, 2003
0 \TY OF
HOPKINS
CONDITIONAL USE PERMIT- WALSER
Council Report 03 -175
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 03 -105, approving to
amend the conditional use permit for Walser to add additional auto sales Iot space to the
existing Walser site located at 314 Mainstreet.
At the Zoning and Planning Commission meeting, Mr. Paul moved and Mr. Sholtz seconded
a motion to adopt Resolution RZ03 -10, recommending approval to amend the conditional use
permit for Walser to add additional auto sales lot space to the existing Walser site located at
314 Mainstreet. The motion was approved unanimously.
Overview.
Walser and Rudy Luther have subdivided the lot to the west of the existing Walser lot on
Mainstreet and removed the building. The Luther Company is the owner of the west side of
the lot that was divided and, at this time, is not proposing to do anything. Walser, the owner
of the east lot, is proposing to add additional parking to the west side of the property. This
will be completed in the spring.
Walser had proposed to do this work in the summer, but put it on hold pending other
negotiations. The negotiations have not worked out, and Walser is planning to proceed with
their plan.
Primary Issues to Consider.
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• What are the requirements for a conditional use permit f or an auto sales lot?
• What are the specifics of the development?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
• Analysis of Issues
• Site Plans
• Resolution 03 -105
Nancy Anderson, AICP
Planner
Financial Impact: $ NIA Budgeted: YIN Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR03 -175
Page 2
Primary Issues to Consider.
• What is the zoning and of the property, and how has the Comprehensive Plan
designated the subject site?
The zoning of the property is B -3, General Business. An auto sales lot is permitted with a
conditional use permit. Walser was granted a conditional use permit at the time the original
building was constructed and again when the building was recently remodeled. The
Comprehensive Plan has designated this site as commercial. The use of the site is consistent
with both documents.
• What are the requirements for a conditional use permit for an auto sales lot?
1. The sales lot shall not be larger in square footage than the square footage of the
building devoted it the related business.
2. A 20 -foot front yard setback in which there shall be no auto parking.. Within this 20
foot setback there shall be a permanent barrier of landscaping.
3. Lighting of the sale slot shall be totally from indirect lighting.
4. Should the lot abut an R district an acceptable design of screening fence five feet in
height shall be constructed along the abutting lot line.
5. The auto sales lot shall not include vehicles over a 9,000 lb, rated weight.
6. No vehicles which are unlicensed and/or inoperative shall be stored on the premises.
7. All repair, assembly, disassembly or maintenance of vehicles shall occur within a
closed building except minor maintenance, including tire inflation, adding oil and
wiper replacement.
8. No outside storage or display except vehicles for sale or rent.
9. No public address system.
10. No test driving of vehicles on local residential streets.
• What are the specifics of the development?
Landscaping
The site is not required to have additional landscaping because no additional building will be
added. The applicant will continue the landscaping along Mainstreet. There is an eight -foot
area between the Luther property and the applicant's property. Although not required, staff
would recommend that there be additional plantings on the west side of the property.
CR03 -175
Page 3
Public Works
The following are the comments from the Public Works department:
I have reviewed sheets A1.0, Site Plan prepared by Phillips Architects & Contractors Ltd.
dated 5/23/03 and C -1 Grading and Drainage Plan prepared by .Jacobson Engineers -
Surveyors dated 5/23/03. The following are my comments:
Sheet C -1
1. The plan should include property lines and right-of-way lines.
2. The plan does not include any erosion and sediment control measures.
3. Restoration of the disturbed area to the west of the expanded parking area should be
noted.
4. A permit from Nine Mile Creek Watershed District must be obtained if required.
5. A NPDES grading permit is required from the MPCA.
6. The 1:1 sloped bituminous pavement along the south end can be a maintenance
problem, and the area may be better suited for a retaining wall.
Parking
The following is the parking breakdown when the north building is removed:
29 customer
13 demo
57 employee
95 service
9 display plaza
246 lot
449 total parking spaces
Access
Access to the site will remain the same. There are two access points from Mainstreet.
Zoning
The site is zoned B -3. An auto sales lot is permitted with a conditional use permit. When the
original building was constructed and when the addition was constructed, a conditional use
permit was granted.
CR03 -175
Page 4
Setbacks
The following are the required and proposed setbacks:
B-3 Proposed
front yard 20 feet 20 feet
east side yard 0 45 feet
west side yard 0 8 feet
rear yard 25 feet approximately 30 feet (from the HCRRA)
Screening
The zoning ordinance requires a five -foot fence when an auto sales lot abuts a residential
district. There is an existing chain link fence that needs to have slats added to comply with
the screening requirement. The new area must have a screened fence. The applicant has
indicated that they will comply with the requirements.
Surrounding uses
The site is surrounded by apartments to the south, commercial to the north, Highway 169 to
the east and commercial uses to the west.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the applicant's request. Dave Phillips, the architect for Walser,
appeared before the Commission. Mr. Phillips stated that the new area would be an inventory
area. Ms. Anderson noted that staff is recommending that a new landscape plan be submitted
for the west property line area. Mr. Phillips stated that they would comply with this
condition. No one appeared at the public hearing regarding this item.
Alternatives.
1. Approve the conditional use permit. By approving of the conditional use permit, the
applicant will be able to expand the sales lot as proposed.
2. Deny the conditional use permit. By denying the conditional use permit, the applicant
will not be able to construct the addition to the sales lots as proposed. 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: 03 -105
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A CONDITIONAL USE PERMIT TO ADD ADDITIONAL SALES LOT
AREA TO THE EXISTING LOT AT 314 MAINSTREET.
WHEREAS, an application for Conditional Use Permit CUP03 -2 has been made by The
Walser Automotive Group;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a conditional use permit was made by The Walser
Group on May 23, 2003. The Zoning and Planning Commission tabled
this item on June 24, 2003, at the applicant's request. The applicant
requested that the item be removed from the table and heard at the
November 25, 2003 meeting;
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 25, 2003: 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 of the subject property is as follows:
Lot 2, Block 1 Luther Walser Hopkins Addition
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use
Permit CUP03 -3 is hereby approved based on the following Findings of Fact:
1. That the proposed use meets the requirements for a conditional use permit.
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP03 -3 is
hereby approved subject to the following conditions:
1. That the watershed district approves the proposed development.
2. That the public works department approves the final drainage, utility and grading
plans.
3. That there is a screened fence along the entire south property line that abuts the
residential zoning district.
•
4. That the applicant submits a new landscape plan that details additional
landscaping along the west property line. The new landscape plan shall be
acceptable to staff.
5. That the plat is filed with Hennepin County.
Adopted this 2nd day of December 2003.
ATTEST:
Terry Obermaier, City Clerk
Eugene J. Maxwell, Mayor
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