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VII.1. 1409 & 1413 Variance Request – Pawn America; Lindahl661785.v2 July 14, 2020 City Council Report 2020-050 1409 & 1413 Variance Request – Pawn America Proposed Action: Both the Planning & Zoning Commission and staff recommend the City Council adopt the following motion: • Move to adopt Resolution 2020-036, denying the variance request from Robin Franks with Pawn America, LLC to allow a pawnshop on the properties located at 1409 (PID 24-117-22- 32-0099) and 1413 Mainstreet (PID 24-117-22-32-0100). Overview The applicant, Robin Franke with Pawn America, LLC, requests a variance from Ordinance Number 2017-1125 to allow a pawnshop use at 1409 & 1413 Mainstreet. The subject properties are located on the north side of Mainstreet between 14th and 15th Avenues. Based on the findings detailed in this report, the applicant seeks a use variance, which is expressly prohibited pursuant to Minnesota Statutes, Section 462.357, Subd. 6. Additionally, the applicant has not demonstrated practical difficulties as required under Minnesota law. The Planning & Zoning Commission held a public hearing to review this item during their June 23, 2020 meeting and agreed with these findings. As a result, both the Planning & Zoning Commission and staff recommend the City Council deny the applicant’s request. Primary Issues to Consider • Background • Legal Authority • Variance Review Supporting Documents • Resolution 2020-036 • Site Location Map • Public Comments • Ordinance 2017-1125 • City Council report 2017-127 _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2020-050 Page 2 661785.v2 BACKGROUND Robin Franke with Pawn America, LLC, requests variance from Ordinance Number 2017-1125 to allow a pawnshop use at 1409 & 1413 Mainstreet. Ordinance 2017-1125 was approved by the City Council on November 21, 2017 and updated the City’s zoning standards for pawnshops, payday loan agencies, currency exchanges and coin dealers. This ordinance was approved after the City enacted a moratorium and studied these uses and their standards for nearly a year, and it is codified in Hopkins City Code, sections 102-4, 102-214, and 102-216, respectively. The history and process for reviewing and updating these regulations is detailed in City Council report 2017-127 (attached) and summarized below. In January 2017, the City Council approved a one-year moratorium on pawnshops, currency exchanges and coin dealers to give City staff sufficient time to study these uses and evaluate various options for regulation. That moratorium was put in place in part because Metro Transit planned to extend the Metro Green Line through Hopkins and, as part of this project, planned to acquire the City’s only pawnshop. The City anticipated this process would likely facilitate this business relocating to another site within the community. As a result, the City believed it was the appropriate time to review the development regulations for these businesses. The revised and updated zoning regulations in Ordinance 2017-1125 are the result of that study. According to the applicant’s narrative (see attached), its previous pawnshop location in Hopkins was in fact acquired by the Metropolitan Council to allow development of the Blake Road Station for the Southwest Light Rail Transit project. The applicant believes that under the revised zoning regulations established by Ordinance 2017-1125, there are only two sites in the City of Hopkins eligible for a pawnshop use and neither are available to them. Those locations are 303 – 11th Avenue South (Wendy’s) and 540 Blake Road North (Walgreens and White Castle). Planning & Zoning Commission Action. The Planning & Zoning Commission held a public hearing to review this item (Planning Application 2020-14) during its regular meeting on June 23, 2020. During that meeting, the Commission heard a summary presentation from staff, comments from the Owner of Pawn America Brad Rixmann and his attorney Marc Simpson with Stinson, LLP and conducted a public hearing. Mr. Rixmann provided a summary of how his property was acquired by the Southwest LRT Project Office for the Blake Road Station and his inability to find a new location within Hopkins. Next Mr. Simpson commented that they disagree with staff’s findings for the variance based on the following: • The request is not a use variance as it is listed as a conditional use in the B-3 district. • The request is in harmony with the zoning ordinance because the Staff Report 2017-127 which reviewed the original Ordinance 2017-1125 states the part of the purpose for developing these zoning standards was in anticipation of Pawn America relocating in Hopkins. • The request is consistent with the Comprehensive Plan because the subject property is guided for commercial use. • The request will put the property to reasonable use because Pawn America is a good corporate citizen with a long history in Hopkins. • There are unique circumstance in that the applicant was forced out of business when their property was acquired by the Southwest LRT Project Office. City Council Report 2020-050 Page 3 661785.v2 • The variance will not alter the character of the surrounding neighborhood as Mainstreet is a commercial area. After hearing from staff and the applicant, the Commission held a public hearing. Due to the ongoing coronavirus pandemic and the related statewide emergency declaration, notice of the public hearing for this item directed all interested parties to make their comments to City Planner Jason Lindahl by mail, phone or e-mail before noon on Tuesday, June 23, 2020. As of the writing of this report, the City had received 50 comments with 1 supporting the application and 49 with either concerns or directly opposing the requested variance. Those who provided comments are listed below and their comments are attached for your reference. Staff will provide an update on all public comments received during the City Council meeting. Comments Supporting the Variance 1. Matt Nelson Comments with Concerns or Opposing the Variance 1. Brian Beresford 2. Brian Hunker 3. Brian Kessler 4. Carey Bromander 5. Connie & Greg Olson 6. Deb Zeller 7. Doran Dolynchuk 8. Elyssa McIntyre 9. Emily & Erik Hageness 10. Francoise Shirley 11. Gary DeVaan 12. Herb Herch 13. Jean Ryan 14. Jeff & Megan Carriveau 15. Jenn Nuss 16. Jerry Tacken (phone) 17. Joyce Stein 18. Kathy Miller 19. Kelly Kempf and Jim Williams 20. Kevin and Amy Wolter 21. Laurel Lungstrom 22. Lee Drolet 23. Lisa Taylor 24. Loren Brown 25. Mark Dirnberger 26. Mark Peterson 27. Mark Weaver 28. Matt Laumann 29. Megan Lima 30. Megan Speers 31. Melissa Ziegler 32. Michele Maurer 33. Nicholas Miller 34. Pam Kolledge 35. Patty Salmon 36. Paul Johnson 37. Peter Leih 38. Rachel Owens 39. Randy Levy 40. Roger Grisim 41. Ryan Owens 42. Stephen & Kathleen Esh 43. Sue Gallucci 44. Susan Owens 45. Svitlana Owens 46. Theresa Aleckson 47. Tina Zelinka 48. Tiphanie Dirnberger 49. Todd Brobst 50. Tomas Garcia 51. Tony Pohlen LEGAL AUTHORITY City review of variance applications is a Quasi-Judicial action. Generally, if the application meets the review standards, the variance should be approved. However, the City may choose to add conditions of approval that are directly related to and bear a rough proportionality to the impact created by the variance. City Council Report 2020-050 Page 2 661785.v2 The standards for reviewing variances are detailed in Minnesota State Statute 462.357, Subdivision 6. In summary, variances may be granted when the applicant demonstrates there are "practical difficulties" in complying with the zoning regulations. Under this law, economic considerations alone do not constitute a practical difficulty. Additionally, the City may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located. Staff recommends denial of the applicant’s variance request because not only would permitting said variance amount to an unlawful use variance, but further the applicant is unable to demonstrate practical difficulties. According to the applicant, there are at least two locations within the City of Hopkins that are eligible for a pawnshop use under the standards in Ordinance 2017-1125 but neither are currently available to them. Staff finds the applicant has the ability to acquire either of these properties through the terms and conditions dictated by the private market. In addition, staff finds the applicant’s variance request constitutes a use variance, which is expressly prohibited under Minnesota State Statute 462.357, Subdivision 6. The zoning regulations for pawnshops established by Ordinance 2017-1125 were codified into the City Code in Article VII, Section 102-216(18). These regulations establish pawnshops as a conditional use within the B-3 and B-4 districts subject to certain standards. Provision 2 of these regulations states “The use shall be located at least 200 feet from any residential or institutional use or district.” The applicant requests to locate a pawnshop at 1409 & 1403 Mainstreet, which is adjacent to residential uses that exist to the north. Additionally, provision 4 of these regulations states “Within the B-3 - General Business District, no such use shall be located on a property that has frontage on or abuts Mainstreet.” The applicant’s requested site is located in the B-3 district and, as the address indicates, has frontage on Mainstreet. VARIANCE REVIEW Staff reviewed the variance request against the standards detailed in Minnesota State Statute 462.357, Subdivision 6 and finds that, first and foremost, the application amounts to an unlawful use variance because it seeks to use property for a use that is not otherwise authorized pursuant to the City’s zoning regulations. Additionally, and notwithstanding the proposed unlawful use inherent in the application, the applicant does not demonstrate practical difficulties. As a result, staff recommends the City deny the applicant’s request. Practical difficulties are determined through review of the five questions listed below. Staff’s review and finding for each question are detailed below. By comparison, in justifying their request, the applicant merely states on its application that it believes the practical difficulty is “never being able to operate in the City of Hopkins again without the granting of [its] variance request.” 1. Is variance in harmony with purposes and intent of the ordinance? Finding: The requested variance is not in harmony with the purpose and intent of the zoning ordinance. The City’s Supplemental Data for Variance form asks applicants to specify the section of the ordinance from which a variance is sought. In response to this question, the applicant listed the entire Ordinance No. 2017-1125, which includes all of the specific conditional use permit standards for pawnshops. As stated above, two particular standards contained in the City’s zoning ordinance expressly prohibit this use in the location requested. Ignoring these standards has the practical effect of eliminating these standards and changing pawnshops from a City Council Report 2020-050 Page 3 661785.v2 conditional to a permitted use circumventing the City zoning authority to determine the appropriate location and development regulations for this type of use in Hopkins. 2. Is the variance consistent with the comprehensive plan? Finding: The requested variances is inconsistent with the comprehensive plan. The 2030 Comprehensive Plan’s Future Land Use Map guides the subject property as Commercial. Chapter 4 of the 2030 Comprehensive Plan details the City’s land use plan and includes a set of overall goals that provide a framework for land use initiatives in Hopkins. Of these goals, the most applicable to this variance request is: Maintain appropriate transitions between land uses. Hopkins is a fully developed community and will likely see new development through redevelopment initiatives. The City will work to ensure appropriate transitional uses and buffering between new and existing land uses. One of the ways the City’s zoning regulations seeks to implement this goal in relation to pawnshops is by requiring minimum separation distances between pawnshops and other uses such as other pawnshops, residential or institutional uses or districts and off-sale liquor. Granting the requested variance and allowing a pawnshop use at the subject property would violate the minimum separation standards from the single family residential zone to the north just across the alley and the institutional use to the southeast across Mainstreet (Chesterton Academy). The Land Use and Development chapter goes on to state the City regards the preservation and protection of its existing residential neighborhoods as one of its most important priorities. The City will work to protect land use patterns that continue to support single family homes. In order to address residential land use patterns, the comprehensive plan provides the following implementation strategies, all of which support staff’s recommendation to deny the requested variance. • Work to protect the integrity and long-term viability of its low-density residential neighborhoods and strive to reduce the potential negative effects of nearby commercial or industrial land through zoning, site plan reviews, and code enforcement. • Ensure that the infilling of vacant parcels and the rehabilitation of existing developed land will be in accordance with uses specified in the Comprehensive Plan. • Ensure that incompatible land uses will be improved or removed where possible and the land reused in conformance with the Comprehensive Plan. • Work to assure strong and well-maintained neighborhoods. 3. Does proposal put property to use in a reasonable manner? Finding: The proposal does not put the property to use in a reasonable manner. As detailed in the Background section above, in 2017 the City Council enacted a moratorium on pawnshops, currency exchanges and coin dealers to give City staff sufficient time to study these uses and evaluate various options for regulation. The result of this review was adoption of Ordinance 2017-1125 which established pawnshops as a conditional use in the B-3 and B-4 district, subject City Council Report 2020-050 Page 4 661785.v2 to certain standards. Approving the applicant’s variance request would have the practical effect of waiving these standards and using the property in an unreasonable manner. 4. Are there unique circumstances to the property not created by the landowner? Finding: There are not unique circumstances to the property that were not created by the landowner that support granting the requested variance. Under this standard, the applicant must demonstrate the issues that prevent them from using the subject property as a pawnshop were caused by circumstances unique to the property and were not caused by them. The applicant does not provide, and staff cannot find, any evidence supporting a position that there are unique circumstances to the subject property not created by the landowner that prevent them from meeting the zoning regulations for pawnshops. 5. Will the variance, if granted, alter the essential character of the locality? Finding. Granting the requested variance would alter the essential character of the surrounding area. Chapter 4 of the 2030 Comprehensive Plan provides more detailed land use planning in 8 planning districts. The subject properties are located in Planning District 8 – Downtown Hopkins. The residential neighborhood directly north of the subject properties is located Planning District 2 – Central Hopkins. The Narrative for Planning District 2 states this district needs to be protected from outside intrusions that might threaten the integrity of the existing low density neighborhoods. Potential intrusions are most likely to occur on the common boundary between Planning District #8 and Planning District #2. Staff finds granting the requested variance would be inconsistent with this portion of the 2030 Comprehensive Plan and alter the essential character of the surrounding neighborhood. ALTERNATIVES 1. Approve the requested variance. By approving of the application, the City will waive the conditional use permit standards for pawnshops and the applicant will be allowed to locate their business along Mainstreet. Should the City Council consider this option, it must also identify specific findings that support this alternative and so staff would suggest directing staff to prepare an approval resolution to be brought back at the City Council’s next meeting. 2. Deny the requested variance as recommended by the Planning & Zoning Commission and staff. By denying the variance application, the City will uphold the conditional use permit standards for pawnshops and the applicant will not be allowed to locate their business along Mainstreet. 3. Continue for further information. This item should be continued if the City Council finds that further information is needed. 1 661704.v2 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2020-036 RESOLUTION DENYING THE VARIANCE REQUEST FROM ROBIN FRANKS WITH PAWN AMERICA, LLC FOR THE PROPERTIES LOCATED AT 1409 (PID 24-117-22-32- 0099) AND 1413 MAINSTREET (PID 24-117-22-32-0100) WHEREAS, the City of Hopkins (the “City”) is a municipal corporation, organized and existing under the laws of the State of Minnesota; and WHEREAS, Robin Franke with Pawn America, LLC (the “Applicant”) was authorized by the fee owner to apply for this application for the properties at 1409 & 1413 Mainstreet (collectively, the “Property”); and WHEREAS, the Property is zoned B-3, General Business District; and WHEREAS, the City has adopted a zoning ordinance and other official controls for reasons that include, but are not limited to, protecting the character of properties and areas within the community, promoting the proper use of land and structures, fixing reasonable standards to which buildings, structures and land must conform for the benefit of all, and prohibiting the use of buildings, structures and lands in a manner which is incompatible with the intended use or development of lands within the specified zones; and WHEREAS, contained within said zoning provisions and official controls is City Ordinance 2017-1125 (the “Ordinance”), which took effect on November 30, 2017 after an extensive study conducted by the City regarding pawnshops; and WHEREAS, the Ordinance, as it relates to pawnshops in particular, is codified in Hopkins City Code, sections 102-4, 102-214, and 102-216, respectively; and WHEREAS, the Ordinance allows pawnshops as a conditional use in the B-3, General Business District, and provides certain performance standards that must be satisfied in order to obtain a conditional use permit for a pawnshop, including, but not limited to, pawnshops cannot be located within 200 feet from any residential use or on a property that has frontage on or abuts Mainstreet; and WHEREAS, presumably because the Property is located within 200 feet of a residential use and fronts Mainstreet, the Applicant has made application to the City for a variance, requesting specifically that the City allow the Property to be used for a pawnshop notwithstanding the Ordinance and its express performance standards, which must be satisfied in order for a pawnshop to be located in the B-3, Central Business District; and WHEREAS, pursuant to Minnesota Statutes, section 462.357, subd. 6(2), “[v]ariances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property 2 661704.v2 owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties.”; and WHEREAS, Minnesota Statutes, section 462.357, subd. 6(2) also provides that “[t]he board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located”; and WHEREAS, on June 23, 2020, pursuant to the procedural requirements contained in Article III, Section 102-91 of the City Code, the Hopkins Planning and Zoning Commission (the “Commission”) held a public hearing on the Applicant’s requested variance and all persons present were given an opportunity to be heard. The Commission also took into consideration the written comments and analysis of City staff; and WHEREAS, following its public hearing, the Commission adopted Planning & Zoning Commission Resolution 2020-03, which recommends that the City Council deny the Applicant’s request for a variance and makes specific findings regarding said request; and WHEREAS, based on a review of the Applicant’s request and its submissions, the written staff report, the Commission’s recommendation, and after careful consideration of all other written and oral comments concerning the requested variance from all interested persons and entities, the City Council makes the following findings of fact with respect to the aforementioned criteria provided in Minnesota Statutes, section 462.357, subd. 6(2): 1. First and foremost, the Applicant’s request is tantamount to a request for an unlawful use variance because it seeks to use the Property in a manner that is not otherwise authorized in the City’s zoning regulations. Specifically, the Ordinance expressly makes pawnshops a conditional use in the B-3 District and, in order to qualify for a conditional use permit, a property must not be located within 200 feet of a residential use or have frontage on Mainstreet. Neither of these express standards can be met under these circumstances, and so to grant a variance from the Ordinance, as requested by the Applicant, would effectively authorize a use that is expressly prohibited pursuant to the City’s zoning controls. 2. Additionally, and notwithstanding the proposed unlawful use that is inherent in the variance request, the Applicant has not demonstrated practical difficulties that would justify approval for the reasons below: (a) The requested variance is not in harmony with purposes and intent of the City’s zoning ordinance. The City’s Supplemental Data for Variance form asks the Applicant to specify the section of the ordinance from which a variance is sought. In response to this question, the Applicant merely listed the entire Ordinance No. 2017-1125, which includes all of the specific conditional use permit standards for pawnshops that were carefully crafted less than three years ago following an extensive study related to such uses. As stated in the recitals above, two particular standards contained in the conditional use permit 3 661704.v2 requirements expressly prohibit a pawnshop from operating on the Property. Granting a variance and ignoring these standards has the practical effect of eliminating them from the City’s zoning controls and changing pawnshops from a conditional use to a permitted use, circumventing the City’s authority to determine the appropriate location and development regulations for this type of use in its community. (b) The requested variance is not consistent with the comprehensive plan. The 2030 Comprehensive Plan’s Future Land Use Map guides the Property as Commercial. Chapter 4 of the 2030 Comprehensive Plan details the City’s land use plan and includes a set of overall goals that provide a framework for land use initiatives in Hopkins. Of these goals, the most applicable to this variance request is: Maintain appropriate transitions between land uses. Hopkins is a fully developed community and will likely see new development through redevelopment initiatives. The City will work to ensure appropriate transitional uses and buffering between new and existing land uses. One of the ways the City’s zoning regulations seeks to implement this goal in relation to pawnshops is by requiring minimum separation distances between pawnshops and other uses such as other pawnshops, residential or institutional uses or districts and off-sale liquor. Granting the requested variance and allowing a pawnshop use on the Property would be entirely inconsistent with the minimum separation standards from the single-family residential zone to the north just across the alley and the institutional use to the southeast across Mainstreet (Chesterton Academy). The Land Use and Development chapter includes numerous implementation strategies and goes on to state the City regards the preservation and protection of its existing residential neighborhoods as one of its most important priorities. The City will work to protect land use patterns that continue to support single- family homes. (c) The proposal does not put the Property to use in a reasonable manner. In 2017 the City Council enacted a moratorium on pawnshops, currency exchanges and coin dealers to give City staff sufficient time to study these uses and evaluate various options for regulation. The result of this review was adoption of Ordinance 2017-1125 which established pawnshops as a conditional use in the B-3 and B-4 district, subject to certain standards. Approving the applicant’s variance request would have the practical effect of waiving these standards and using the property in a manner that is not reasonable from the standpoint of the City’s express goals for regulating and permitting pawnshops. (d) There are not unique circumstances to the property that were not created by the landowner that support granting the requested variance. Under this standard, the Applicant must demonstrate the issues that prevent them from using the Property as a pawnshop were caused by circumstances unique to the 4 661704.v2 Property and were not caused by them. The Applicant does not provide, and staff cannot find, any evidence supporting a position that there are unique circumstances to Property not created by the landowner that prevent them from meeting the zoning regulations for pawnshops. Merely being located on a parcel that cannot otherwise meet the City’s conditional use permit performance standards for pawnshops is not enough to make unique circumstances that warrant the granting of a variance. (e) Granting the requested variance would alter the essential character of the surrounding area. Chapter 4 of the 2030 Comprehensive Plan provides more detailed land use planning in eight planning districts. The Property is located in Planning District 8 – Downtown Hopkins. The residential neighborhood directly north of the subject properties is located Planning District 2 – Central Hopkins. The Narrative for Planning District 2 states this district needs to be protected from outside intrusions that might threaten the integrity of the existing low density neighborhoods. Potential intrusions are most likely to occur on the common boundary between Planning District 8 and Planning District 2. Staff finds granting the requested variance would be inconsistent with this portion of the 2030 Comprehensive Plan and alter the essential character of the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins that the recitals set forth in this Resolution are incorporated into and made part of this Resolution, and more specifically, constitute the express findings of the City Council. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Hopkins that based on the findings of fact contained herein, the City Council hereby denies the Applicant’s requested variance for the real property located at 1409 and 1413 Mainstreet (PIDs 24-117- 22-32-0099 and 24-117-22-32-0100). Adopted this 14th day of July, 2020. ____________________________________ ____________________________________ Amy Domeier, City Clerk Jason Gadd, Mayor Site Location Map – 1409 & 1413 Mainstreet Pawn America Variance Request Subject Properties From:Brian Beresford To:Jason Lindahl Subject:[EXTERNAL] No Pawn Shop on mainstreet Date:Tuesday, June 23, 2020 8:35:08 AM Good morning, I am writing to express my opposition to the proposed PawnAmerica pawn shop (or any pawn shop) on Mainstreet in Hopkins. I have been a Hopkins resident since June of 1992. I arrived when I was in my 20s and have watched the city evolve over time. For the most part the city has done a laudable job of currating buisnesses and retail along Mainstreet. Though I'd love to see more restaurants, cafes, and shops gracing our main thoroughfare I am convinced a pawn shop is not a needed fixture on the quaint mainstreet of Hopkins. To be clear, a pawnshop has never helped a community flourish or retivalize. They tend to attract people at their "worst of times": needing quick cash due to a diffficult financial situation, needing money for illegial activity, or trying to get cash for "appropriated" property. I realize these are over-genralizations and there are likely many positive stories about pawn shops, but the narrative about illicit activty the shops can and do attract is undeniable. I would hate to see theft and other crimes rise in our fine community because of a shop of this nature. I can find no "value-add" to the community by the addition of a pawn shop on Mainstreet. Please, do the right thing and deny the vairance. Kind regards, Brian Beresford 308 10th Ave N Hopkins From:Brian Hunker To:Jason Lindahl Subject:[EXTERNAL] Pawn America Date:Tuesday, June 23, 2020 6:14:59 PM Hello Jason - I reviewed staff notes related to the Pawn America proposed variance/development on Mainstreet. I agree with the staff recommendation to deny the variance. I'd like the City to promote more family friendly business along Mainstreet. Thank you, Brian From:BRIAN KESSLER To:Jason Lindahl Subject:[EXTERNAL] Pawn America in Hopkins Date:Wednesday, June 24, 2020 10:05:12 AM I am not for any business that takes a big chunk of anyone’s paycheck just so they can get it cashed. It’s 2020 and predator lending to any of our neighbors proliferates poverty and we as a community can do better. How about a new credit union that educates and helps people in need with getting a better financial footing. Even those on great financial footing can benefit. And we can all feel better about everyones future here. As heard often, “We all do better, when we all do better.“ Please let me know the outcome. Thank you. Brian Kessler Sent from my iPad From:Bromander,Carey A To:Jason Lindahl Subject:[EXTERNAL] Pawn shop Date:Monday, June 22, 2020 12:05:05 PM Hello Jay, Thank you so much for taking the time to talk to me and explain things this morning. I really appreciate it. My address is: 9 15th Avenue North, which is directly behind the building of subject. I work and live in Hopkins. My children go to Hopkins schools. My husband is on the board of Hopkins Little League. We love our community immensely. I strongly believe this variance would be bad for Hopkins and that section of Mainstreet. Again, thank you for your time and willingness to listen to the people of Hopkins! Carey Bromander Branch Office Administrator for Linda Olson Edward Jones carey.bromander@edwardjones.com 1209 Mainstreet Hopkins, MN 55343 952-938-8270 ~Partnering with you to achieve your financial goals Carey Bromander Branch Office Administrator Edward Jones 1209 Mainstreet Hopkins, MN 55343 (952) 938-8270 www.edwardjones.com If you are not the intended recipient of this message (including attachments) or if you have received this message in error, immediately notify us and delete it and any attachments. If you do not wish to receive any email messages from Edward Jones, excluding administrative communications, please email this request to Opt-Out@edwardjones.com from the email address you wish to unsubscribe. For important additional information related to this email, visit www.edwardjones.com/disclosures/email.html. Edward D. Jones & Co., L.P. d/b/a Edward Jones, 12555 Manchester Road, St. Louis, MO 63131 © Edward Jones. All rights reserved. From:Connie To:Jason Lindahl Subject:[EXTERNAL] Pawnshop Date:Wednesday, June 24, 2020 9:32:25 PM Dear Mr. Lindhl, We have been residents of Hopkins since 1972. Hopkins has worked hard over that time to develop an image of a community people would want to live and raise a family. A pawn shop on a thriving main street does nothing to advance that interest and only promotes undesirable activity especially with easy access which will be available through light rail. I also think pawnshops and pay day lenders prey on people and I do not think Hopkins should foster such abuse of people. Thank you, Connie and Greg Olson 401 13th Ave N. Sent from Xfinity Connect Application From:Deb Zeller To:Jason Lindahl Subject:[EXTERNAL] Public Hearing Input Date:Monday, June 15, 2020 4:23:43 PM Jason, Thanks for reaching out and allowing us to respond remotely. Hopkins has a beautiful Mainstreet. It consists mainly of small, independent business with very few chain businesses. I think that is one of the things that makes our town so charming. My business, Zeller Studio, is a Mainstreet business that is proud to have moved from the North Loop in Minneapolis to Hopkins. My goal is to work hard keeping my little piece of Mainstreet classy and a joy for both our residents and visitors to our fine city. Pawn America Minnesota, LLC is not a good fit for Mainstreet or within 200 feet of a residential district. We have a great Ordinance and I would be very disappointed if it is not upheld. Thank you for your consideration, Deb Zeller 952-201-8583 Zeller Studio 1421 Mainstreet Hopkins, MN 55343 From:daron dolynchuk To:Jason Lindahl Subject:[EXTERNAL] Pawn America Date:Tuesday, June 23, 2020 1:44:08 PM I know this is past the noon deadline but I literally just saw a Nextdoor Post about Pawn America and its request to seek a variance of an ordinance that would permit it to operate on Mainstreet in Hopkins. I just wanted my voice to the list of people who are against this request. I was only able to briefly review the Hopkins comprehensive plan and believe that Pawn America does not meet the stated goals of the plan for businesses on Mainstreet and to allow a variance to permit this location would go against the goals of the plan which include: Attract specialty retail and destination uses including arts, en- tertainment, recreation, antiques, hobbies and crafts, gifts and family-oriented uses. Pawn America is essentially a small loan operation that earns it profit by offering near usury interest rates and offering low offers on pawned items. The business would contrast and not complement the antique and retail businesses in the area in my opinion. If this business were to be allowed, it should be off of Main Street so that the historic and artistic nature of downtown Hopkins is preserved. Thank you Daron Dolynchuk 319 10th Ave N Hopkin, MN 55343 From:noreply@civicplus.com To:Courtney Pearsall; Jason Lindahl Subject:[EXTERNAL] Online Form Submittal: Planning & Zoning Commission Virtual Meeting Participation Date:Saturday, June 13, 2020 9:43:08 AM Planning & Zoning Commission Virtual Meeting Participation Due to the technical requirements associated with virtual meetings, we strongly encourage you to provide your question/comment prior to the meeting in one of two ways listed below: -Via the question/comment box on this form -Via phone at 952-548-6342 during normal business hours (8 a.m. - 4:30 p.m.) All comments must be submitted by noon on June 23 in order to be included. If, despite technical difficulties, you want to make your comment online or via phone during the meeting, please check the box at the bottom of the form, provide your email and phone number, and someone will be in contact with you with further instructions. First Name Elyssa Last Name McIntyre Address 25 15th Ave N City Hopkins State MN Zip Code 55343 Phone Number 9529356486 Email Address historyiscool@gmail.com Question/Comment (will be read at meeting) I’d like to object to giving a variance for a potential Pawn Shop on Main Street for three reasons: that it is not in character with the type of business we strive for on Main Street, that the existing city ordinance is right to ban this sort of establishment, and that there is no compelling reason to advocate for this business against city regulation. First, downtown Hopkins is a place of unique and family friendly businesses like Kiddywumpus, the Zeller Art Gallery, and Monkabeans. The city has done great work to create a friendly “artery” and put sculpture art alongside many of our unique local businesses. A Pawn Shop does not fit with this vision for Hopkins’ Main Street. Second, city ordinances currently ban Pawn Shops or Payday loans within 200 feet of Main Street or residential housing. This is a great ordinance. Since no one is considering repealing it, why make an exception in this one case? What is the compelling argument for violating this ordinance? Lastly, I would say that there is no reason to push for this business in this location at this point. It is true the location has been empty for some time, but that is due to the greed of the owner. My previous mechanic in this location, Hometown Auto, left after the owner raised the rent due to a perceived upcoming real estate boom caused by the completion of the light rail. I had another friend that was considering investing in the property, but again said that the price was too high for what the property was worth. This owner is greedy and has scared away opportunities for more wholesome and typical Hopkins business that could fit into this location without a variance. I want to provide verbal comment during the meeting: Field not completed. Email not displaying correctly? View it in your browser. From:francoise shirley To:Jason Lindahl Subject:[EXTERNAL] Vote no on pawn shop Date:Monday, June 22, 2020 5:40:52 PM Hello Jason, I have become aware that the council is voting on two variances in order to allow a pawn shop on 14th and Main. I am asking you on behalf of our family and many neighbors in the community to please vote no on this issue. We have been proud residents of this city for 25 years, my husband and his family have roots that go much further back and we are very concerned about what a pawn shop will do to our property value as well as the general perception of Hopkins as a whole. A pawn shop gives a community a completely different perceived personality. And frankly, I would also be worried about a possible criminal element being invited into our community looking to sell stolen goods. I understand that many pawnshop customers are not there selling stolen merchandise, but the reality is that there will be a segment that is. There is a reason for the ordinances being in place, there is absolutely no reason to make exceptions for a pawn shop. There are so many positive changes taking place in our community, I believe that allowing a pawn shop will set us back and undo some of the positive momentum we currently have going. Please stay consistent with the vision that has been implemented for our beautiful city, continue to build on that and vote no on the pawn shop. Sincerely, Françoise Shirley 125 16th Ave. N. From:Gary To:Jason Lindahl Subject:[EXTERNAL] Pawn America Date:Monday, June 22, 2020 4:29:33 PM Jason, I am concerned about a variance being considered for another Pawn America pawn shop/payday lender in Hopkins. I was relieved when the store at Excelsior Blvd & Blake was closed. Pawn shops, pay day lenders, and dollar stores appear when a neighborhood is in decline and I do not think Hopkins is in decline. Our property values are high and getting stronger. Hopkins has made great progress in recent years upscaling our image and amenities. Hopkins values our citizens of every economic and racial stripe. We want to empower them to excel into the middle class and above, not keep them indebted to a payday lender. I do not think making the variance for this store/lender is the message Hopkins want to make to attract other businesses to main street or to the larger community. A pawn shop would remove some of the charm from Hopkins. Gary DeVaan CCEP 141 16th Ave. N. Hopkins, MN Planning & Zoning Commission Virtual Meeting Participation Due to the technical requirements associated with virtual meetings, we strongly encourage you to provide your question/comment prior to the meeting in one of two ways listed below: -Via the question/comment box on this form -Via phone at 952-548-6342 during normal business hours (8 a.m. - 4:30 p.m.) All comments must be submitted by noon on June 23 in order to be included. If, despite technical difficulties, you want to make your comment online or via phone during the meeting, please check the box at the bottom of the form, provide your email and phone number, and someone will be in contact with you with further instructions. First Name Gary Last Name DeVaan Address 141 16th Ave. N. City Hopkins State MN Zip Code 55343 Phone Number 9529352336 Email Address gary@devodd.com Question/Comment (will be read at meeting) I just discovered that the Planning commission is going to hear a request for a variance to put a Pawn America store at 1413 Mainstreet, the auto repair shop building. I think this type of store does not provide a needed service to a city like Hopkins and would damage or image in the metro and detract from our ability to attract new needed businesses to Mainstreet. I was relieved when the store at Excelsior Blvd & Blake was closed. Pawn shops, pay day lenders, and dollar stores appear when a neighborhood is in decline and I do not think Hopkins is in decline. Our property values are high and getting stronger. Hopkins has made great progress in recent years up-scaling our image and amenities. Hopkins values our citizens of every economic and racial stripe. We want to empower them to excel into the middle class and above, not keep them indebted to a payday lender. I do not think making the variance for for a payday lender/pawn shop is the message Hopkins wants to send to either the citizens of Hopkins or the surrounding community. Sincerely Gary DeVaan 141 16th Ave. N. Hopkins, MN I want to provide verbal comment during the meeting: Field not completed. Planning & Zoning Commission Virtual Meeting Participation Due to the technical requirements associated with virtual meetings, we strongly encourage you to provide your question/comment prior to the meeting in one of two ways listed below: -Via the question/comment box on this form -Via phone at 952-548-6342 during normal business hours (8 a.m. - 4:30 p.m.) All comments must be submitted by noon on June 23 in order to be included. If, despite technical difficulties, you want to make your comment online or via phone during the meeting, please check the box at the bottom of the form, provide your email and phone number, and someone will be in contact with you with further instructions. First Name Gary Last Name DeVaan Address 141 16th Ave. N. City Hopkins State MN Zip Code 55343 Phone Number 9529352336 Email Address gary@devodd.com Question/Comment (will be read at meeting) I just discovered that the Planning commission is going to hear a request for a variance to put a Pawn America store at 1413 Mainstreet, the auto repair shop building. I think this type of store does not provide a needed service to a city like Hopkins and would damage or image in the metro and detract from our ability to attract new needed businesses to Mainstreet. I was relieved when the store at Excelsior Blvd & Blake was closed. Pawn shops, pay day lenders, and dollar stores appear when a neighborhood is in decline and I do not think Hopkins is in decline. Our property values are high and getting stronger. Hopkins has made great progress in recent years up-scaling our image and amenities. Hopkins values our citizens of every economic and racial stripe. We want to empower them to excel into the middle class and above, not keep them indebted to a payday lender. I do not think making the variance for for a payday lender/pawn shop is the message Hopkins wants to send to either the citizens of Hopkins or the surrounding community. Sincerely Gary DeVaan 141 16th Ave. N. Hopkins, MN I want to provide verbal comment during the meeting: Field not completed. From:Herb Hesch To:Jason Lindahl Subject:[EXTERNAL] Proposed Pawn Shop on Mainstreet in Hopkins Date:Tuesday, June 23, 2020 12:34:45 PM As a 30+ year resident of Hopkins, and with my wife (Fran Hesch) having been a former city council member who spent a great deal of time and energy “re-imagining” downtown Hopkins, I would STRONGLY encourage that the Zoning and Planning Commission deny the request for a variance to city ordinance which would otherwise enable a pawn shop to be located on Mainstreet. A pawn shop in no way fits the look and feel of what downtown Hopkins has become, a quaint small town in the middle of urban sprawl. Feel free to contact me via email or phone if you wish to discuss this matter further with me. Herb Hesch 246 5th Avenue North Hopkins 952-529-5499 From:Jeannie Ryan To:Jason Lindahl Subject:[EXTERNAL] Pawn America Date:Monday, June 22, 2020 1:11:03 PM Hi Jason, I am not in favor of having a Pawn America Store in Hopkins. Can you please note this on my behalf? I live on 14th Ave N. Thank you, Jean Ryan From:Jeff Carriveau To:Jason Lindahl Subject:[EXTERNAL] Pawn America zoning variance Date:Thursday, June 18, 2020 11:01:14 AM Good Morning, I’m writing to voice my opinion against any sort of zoning variance for Pawn America. Pawn shops and check cashing businesses are a black eye on a community. They attempt to take advantage to the disadvantaged and bring in a percentage of unsavory clientele. As a resident of Hopkins for 15+ years I’ve watched as this community has thrived and has kept main street and the neighborhoods as diverse places that people can be proud of. Allowing a pawn shop a variance is a step in the wrong direction. Sincerely, Jeff and Megan Carriveau 14 14th Ave N 952-356-5709 Get Outlook for iOS Due to the technical requirements associated with virtual meetings, we strongly encourage you to provide your question/comment prior to the meeting in one of two ways listed below: -Via the question/comment box on this form -Via phone at 952-548-6342 during normal business hours (8 a.m. - 4:30 p.m.) All comments must be submitted by noon on June 23 in order to be included. If, despite technical difficulties, you want to make your comment online or via phone during the meeting, please check the box at the bottom of the form, provide your email and phone number, and someone will be in contact with you with further instructions. First Name Jenn Last Name Nuss Address 202 15th Ave N City Hopkins State MN Zip Code 55343 Phone Number 6123279481 Email Address jennus29@yahoo.com Question/Comment (will be read at meeting) I do not support the zoning change to allow a Pawn Shop into our neighborhood. The proposed location it too close to family homes and will bring unwanted traffic and potential outside clientele to our very quiet family oriented neighborhood. Please do not change the zoning laws to allow this to happen in our neighborhood. I want to provide verbal comment during the meeting: Field not completed. From:Jim Stein To:Jason Lindahl Subject:[EXTERNAL] Pawn America Downtown Hopkins Date:Tuesday, June 23, 2020 12:03:47 PM I oppose allowing a variance for Pawn America to establish a retail business at 1409 and 1413 Mainstreet in Hopkins. I would oppose ANY pawnshop in Hopkins. Joyce Stein 118 Homedale Foad 952-935-6092 Sent from my iPad From:Kathy Miller To:Jason Lindahl Subject:[EXTERNAL] Proposed Pawn Shop on Mainstreet Date:Monday, June 22, 2020 5:48:11 PM Mr. Lindahl, I have become aware of a proposed variance to a City of Hopkins ordinance that prohibits a Pawn Shop on Mainstreet and/or within 200 feet of a residential area. I am a homeowner very near to the proposed location. I do not feel a pawn shop is in keeping with the esthetic of Hopkins, or specifically of Mainstreet. While I understand the need for tax generating businesses, I believe that should be balanced with the interests of the immediate area around Mainstreet, as well as Hopkins as a whole. I am hopeful that the ordinance will be respected, and that a variance will not be allowed. Regards, Kathy Miller From:Kelly Kempf To:Jason Lindahl Subject:[EXTERNAL] FW: Pawn Shop Date:Monday, June 22, 2020 1:56:23 PM Hello, I am writing to you regarding a notification of a pawn shop potentially opening on Mainstreet. There were no notifications on this except for a kind neighbor distributing flyers with her daughter. I also heard there are measures in place to avoid this happening near houses and Mainstreets. So I’m not sure why this is being considered. This is at the end of my alley on 14th avenue and really scares me on what this pawn shop will bring to Hopkins. I think the fine residents of Hopkins can buy and sell just fine on Hopkins Next Door and Craigslist. Who uses a Pawn Shop? People that want quick cash and to sell stolen goods. I can’t imagine who will be roaming my streets and alley looking for quick cash then leaving on the light rail. I will have to lock my doors even when I am home and when outside. I will be afraid to leave my dog outside in her fenced in yard (when I am home), who knows what people will do while walking by. If I accidentally leave a tool laying outside on the driveway at night will it show up at the Pawn Shop? I am wondering if you live near this location. Would you like for a Pawn Shop to open 4 houses from your residence and family? Would you feel safe? What would happen to your home value? I can’t imagine anyone wanting to buy a house with a pawn shop 4 doors down. In fact I would strongly consider moving. But now my house probably wouldn’t sell. I have lived in Hopkins since 2000 and absolutely love it. My spouse has lived here for 57 years. This would be such a shame. I will take all of this into consideration during the next election as well. Adding a pawn shop to Hopkins is moving backward. There has been so much renovation and updating the city, this is detrimental. I can’t imagine any of the Hopkins Resident’s wanting this in the city. It is not needed here and doesn’t match up with the future of Hopkins. BTW, I thought the link to the old Star Tribune article below was interesting coming from the City of Hopkins. I wish I had had more time to think about this and write a better response. These people will not come into Hopkins to go to the pawn shop then have lunch or shop in Hopkins. No revenue coming in except for a little property tax possibly. https://www.startribune.com/are-pawnshops-currency-exchanges-and-coin-dealers-nuisance- properties-potentially-so-hopkins-says/409416685/ Thank you, Kelly Kempf and Jim Williams 38 14th Ave. N From:Kevin Wolter To:Jason Lindahl Subject:[EXTERNAL] No Pawn Shop in Hopkins Date:Sunday, June 21, 2020 3:26:10 PM Hi Jim, Today, we have learned that the city council is considering a variance that would permit there to be a pawn shop at 1409 Mainstreet. PLEASE VOTE NO on this variance. As 7 year resident of Hopkins, with full intentions of living here for the next 30+ years, a pawn shop is incredibly concerning to my wife and I. We have two young children at Noah’s Ark right now - we do not want the traffic that often comes with pawn shops, not to mention the likely drop in real estate value (perceived or monetary). Again - please do not allow a pawnshop to be established in Hopkins. Thank you, Kevin and Amy Wolter 129 15th Avenue N From:Laurel Lungstrom To:Jason Lindahl Subject:[EXTERNAL] Pawn America Date:Tuesday, June 16, 2020 8:47:21 AM To whom it may concern, I do not think bringing in Pawn America on our quaint main street would fit. Downtown Hopkins has been doing an amazing job updating the look and feel of a small town atmosphere. As a business owner, I would be disappointed with this variance. Sincerely, Laurel Lungstrom Laurel LungstromOwner Anoka, MN 55303 Phone: 763-427-0531 Fax: 763-427-6096 Hopkins:952-933-4500 Fax: 952-933-7294 email: Laurel@anokamerrymaids.com From:Lee Drolet To:Jason Lindahl Subject:[EXTERNAL] Pawn shop variance concern Date:Monday, June 22, 2020 7:53:00 PM Hello, I am writing to express my concerns about granting a variance to Pawn America in Hopkins. I do not believe this is the type of business we should be welcoming or seeking in Hopkins. I have lived in Hopkins for 25 years and my mother actually was on the planning commission when the center for the arts was conceptualized. I have been happy to see more families moving in and more family oriented businesses and restaurants taking root. We have a book store, coffee shops etc. I strongly discourage the city from going in this direction. Please let me know what the final outcome is when a decision is reached. Sincerely, Lee Drolet Sent from my iPad From:Lisa Taylor To:Jason Lindahl Subject:[EXTERNAL] Pawn America Downtown Hopkins Date:Monday, June 22, 2020 7:11:45 PM Hi Jason, I have heard that Pawn America is seeking a variance to open a pawn shop/payday lender at 1413 Mainstreet. I am definitely opposed to this! At one point, Hopkins had 4 pawn shops in operation. Pawnshops are usually seen as a sign of a declining community. I do not feel this type of business is an asset to Hopkins and may impact our ability to attract new businesses. I am going to spread the word about this proposal because I think a lot of other people will be opposed to this, as well. I hope that Hopkins leaders do not allow pawn shops to proliferate again in our city. Sincerely, Lisa Taylor 137 Homedale Road 612-554-2230 Sent from my iPad From:LOREN BROWN To:Jason Lindahl Subject:[EXTERNAL] 1413/1409 Mainstreet Variance Date:Monday, June 22, 2020 10:00:08 PM Hi Jay, My wife and I own three properties on the block adjoining the proposed variance to allow a pawn shop to occupy the site that was formerly Hometown Auto. The addresses of our properties are 33 15th Avenue N, 9 15th Avenue N, and 10 14th Avenue N. The two later properties are literally across the alley from the proposed site. We strongly object to granting this variance. We have invested heavily to improve these properties over the years and take pride in our houses, the neighborhood, and the city. The pawn shop would be within 200 feet of all three of our properties. A pawn shop at this site will negatively impact the residential quality of the block, and have the potential to lower property values in the area and increase the crime rate. The negative impacts of pawn shops have been well documented and the bottom line is that granting this variance would be a poor choice for the city from multiple dimensions. Please contact me at 612.770.0352 if you require additional information or have questions. Best regards, Loren Brown From:Mark Dirnberger To:Jason Lindahl Subject:[EXTERNAL] Comments on Pawn America Variance Request Date:Tuesday, June 23, 2020 11:40:31 AM Jason, I understand there is a pending variance request for Pawn America to establish a business at 1413 Mainstreet in Hopkins. As a long-time Hopkins resident, I have some concerns related to approving the variance. From a purely economic perspective, I welcome the notion of new businesses entering Hopkins. In addition to broadening consumer options, I recognize the positive impact business can bring to our overall tax base. My hesitancy is related to some perceptions, and possible facts, but I believe they are worth considering as you debate a potential variance. In a quick review of the literature and studies surrounding the pawn industry, there is certainly a perception of a link between people who pawn items and crime, or criminal backgrounds. In the following study in Rochester, NY. there was a clear indication that they were linked. Source at: https://www.rit.edu/liberalarts/sites/rit.edu.liberalarts/files/documents/our- work/2011-03.pdf My concerns related to these are that: If this is accurate and can be extrapolated, it implies the variance would allow, or potentially draw, to the main street of Hopkins a population of individuals with prior criminal history. I would think this to be a disadvantage to the city, both in terms of police activity and resident safety/security. Although there are new processes to ensure pawn transactions are tracked by police departments, it seems like the tradeoff required to monitor those transactions within the city would offset any tax benefits. Just an increase in administrative overhead. Another interesting analysis from the Journal of Trauma and Acute Care Surgery found at: https://scopeblog.stanford.edu/2018/09/24/pawnshop-density-linked-to-gun-related-suicides- stanford-study-finds/ noted that there was a correlation between pawnshop density and gun- related suicide. Finally, I refer to Minnesota Statues as follows: "325J.02 MUNICIPAL LICENSING AND REGULATION. (a) For the purpose of promoting the public health, safety, morals, and welfare, a municipality may adopt an ordinance, issue licenses to qualified applicants, and regulate pawn transactions. Ordinances must contain the minimum provisions of this chapter." sourced from: https://www.revisor.mn.gov/statutes/2019/cite/325J.02 I read this to specifically call out provisions made for a municipality to consider a spectrum of risks and benefits including those that would affect " the public health, safety, morals, and welfare". To that end, it seems important to consider the implications related to crime, criminal conduct, and risk of harm to residents. I'm sure Pawn America is a very respectable and responsible business. It is elements outside of their control that potentially impact the welfare of the city. Although it isn't possible to positively attribute negative results from the presence of a single business because of the complexities involved, my gut reaction is that there is a risk tradeoff that needs to be factored into the discussion. Pawn America would certainly provide a service to a given clientele base, but it seems to me that these risk factors introduce issues greater than the value of a simple tax base benefit. There will most certainly be even greater opportunities to support local business and revenue as Hopkins grows and our overall high standard of livability, safety and economic security are known to others as a function of the great community we are and the easy connection and livability brought by the light rail. Thanks for your consideration, Mark Dirnberger 322 7th Ave N Hopkins, MN 55343 612-208-3547 From:Mark Weaver To:Jason Lindahl Subject:[EXTERNAL] Pawn Shop Variance Date:Sunday, June 21, 2020 9:28:09 AM Jim: I just heard about the pawn shop's request for a variance to locate at 1413/1409 Mainstreet. As a resident residing at 42 15th Ave. No. I strongly oppose this request. It seems to me that there are many other locations close by that are far more suitable for this type of business. Knollwood Shopping Center, the Blake/Excelsior corner, the Shady Oak Corridor to mention just a few. I fail to see any compelling reason to grant a variance in this situation. This type of business just doesn't fit on Mainstreet, not to mention that the proposed location is directly across from a church and school. Please convey my sentiments to the Hopkins City Council. MJW Mark J. Weaver Attorney at Law Suite 501, BMO Harris Bank Bldg., 6625 Lyndale Ave. So. Richfield, MN 55423 612-861-1015, mjwlaw1@msn.com City Council Virtual Meeting Participation Due to the technical requirements associated with virtual meetings, we strongly encourage you to provide your question/comment prior to the meeting in one of two ways listed below: -Via the question/comment box on this form -Via phone at 952-548-6302 during normal business hours (8 a.m.-4:30 p.m.). All comments must be submitted by noon on the day of the meeting in order to be included. If, despite the technical difficulties, you want to make your comment online or via phone during the meeting, please check the box at the bottom of the form, provide your email and phone number, and someone will be in contact with you with further instructions. First Name Matt Last Name Laumann Address 27 19th Avenue South City Hopkins State MN Zip Code 55343 Phone Number 6128459601 Email Address mlaumann@msn.com Question/Comment (will be read at meeting) Please do not approve a variance for Pawn of America to open on Mainstreet. I grew up in mtka and have lived in Hopkins for 10 years. In the 80's there were two pawn shops next to each other on Mainstreet. Hopkins has come along way since then. Community Image I want to provide verbal comment during the meeting: Field not completed. From:MATT NELSON To:Jason Lindahl Subject:[EXTERNAL] Pawnshop Date:Tuesday, June 23, 2020 4:17:07 PM I am in favor of the pawn shop on main street. I live between main street and first ave north on 15th ave. I'm not sure what years but there was a pawn shop on main street between 17 and 18 on the north side of main. Thanks Matt From:Megan To:Jason Lindahl Subject:[EXTERNAL] Pawn America Date:Monday, June 22, 2020 8:58:29 PM As a citizen of Hopkins, I do not think Pawn America works for the well thought out class and character of Hopkins. We have invested too much to include this business in our future Megan Lima 1253 Wagon Wheel Rd. From:Megan Speers To:Jason Lindahl Subject:[EXTERNAL] Pawn America concern Date:Monday, June 22, 2020 9:17:55 PM Hi Jason, I heard you were the person to contact regarding the potential of Pawn America opening on Main Street in Hopkins. I do not think this store would in any way improve the downtown Hopkins experience, and would in fact detract from it. Thank you for your time, Megan Planning & Zoning Commission Virtual Meeting Participation Due to the technical requirements associated with virtual meetings, we strongly encourage you to provide your question/comment prior to the meeting in one of two ways listed below: -Via the question/comment box on this form -Via phone at 952-548-6342 during normal business hours (8 a.m. - 4:30 p.m.) All comments must be submitted by noon on June 23 in order to be included. If, despite technical difficulties, you want to make your comment online or via phone during the meeting, please check the box at the bottom of the form, provide your email and phone number, and someone will be in contact with you with further instructions. First Name Melissa Last Name Ziegler Address 146 15th Ave N City Hopkins State MN Zip Code 55344 Phone Number 9523347613 Email Address melissamziegler@yahoo.com Question/Comment (will be read at meeting) Per the inquiry to allow a pawn shop in the Hopkins City limits, I vote no. Melissa Ziegler 146 15th N. I want to provide verbal comment during the meeting: Field not completed. From:M Maurer To:Jason Lindahl; M Maurer Subject:[EXTERNAL] Planning and Zoning Commission Agenda comment - June 23 2020 meeting Date:Tuesday, June 23, 2020 9:42:22 AM Good morning, Mr. Lindahl, Thank you for taking my call this morning and taking the time to discuss with me "Item V" on tonight's agenda, the 2020-14 Pawn America Variance. I was pleased to hear in detail the steps that Hopkins took in 2017 to better define the available locations for pawn shops in Hopkins MN. I would like to thank the city staff and attorneys for their thoughtful consideration of the Hopkins Main Street business community, and although I recognize and respect anyone that runs a small business (including pawn shops) I agree that a pawn shop should not be on Main Street Hopkins, nor near residential or educational facilities. Thank you again for taking my call, and for helping ensure Hopkins retains it's charming character. Kind regards, M. Michele Maurer Chris Maurer 306 10th Ave N. Hopkins MN Cell: 952-594-2698 From:Nicholas Miller To:Jason Lindahl Subject:[EXTERNAL] pawn shop, main street hopkins Date:Tuesday, June 23, 2020 12:05:32 PM Hello, This is regard to the possibility of a pawn shop being located on Main Street in Hopkins. Please consider this news article and the correlated crime: https://www.cnbc.com/2019/11/22/inside-home-depots-efforts-to-stop-a-growing-theft- problem.html Please consider society perception and as a resulting decrease in home and business values nearby, including deterring other businesses from opening nearby. Code 10-563 https://www.hopkinsmn.com/DocumentCenter/View/2700/Proposed-2020-City-Code- Sec. 10-564. Location. No license will be issued to a location that is located less than 1,000 feet from any adult business as regulated by article XIV of this chapter, nor shall any license be issued to a location that is less than 350 feet from any off-sale liquor business. (Code 1986, § 1180.02) Why would a pawnshop need to be mentioned in the same sentence with adult business and liquor business? That suggests that there is some inherent risk with the business. Growing regulation on pawnshops also suggests there is an issue with stolen property, crime, and predatory lenders. Please do not allow a pawn shop on Mainstream Hopkins. Thank you, Nicholas Miller Hopkins, MN From:Pam Kollodge To:Jason Lindahl Subject:[EXTERNAL] Pawn Shop on Amin Street Hopkins Date:Monday, June 22, 2020 10:35:14 PM Hello, I am a resident of Hopkins, I want to express my concern about a pawn shop. Something appealing to Main Street Hopkins is the charm and home town feel. A pawn shop doesn’t fall into this category. Thank you for your consideration. Pam Kollodge Sent from my iPad From:Patty SALMON To:Jason Lindahl Subject:[EXTERNAL] Pawn Shop on Mainstreet Date:Tuesday, June 23, 2020 8:40:36 AM Good Morning Jason - It was recently brought to my attention that Pawn America has applied for a variance to place a Pawn Shop at 1413 Mainstreet. As a new resident moving onto 20th Ave N last June this is not the type of revitalization I was hoping for in Hopkins. I walk my dogs down Mainstreet nearly everyday and I don't want to be concerned about the clientele attracted by a Pawn Shop/Payday Lender. I believe a Pawn Shop will cheapen the culture of our downtown area. While I know that the commercial tax base is important to the city's future, I would rather we wait to find a more suitable business for this location. Please keep Hopkins a place that is dedicated to attracting new residents like me, not a place that looks like it is headed downhill. Thanks, Patty Salmon 111 20th Ave N From:Paul Johnsen To:Jason Lindahl Subject:[EXTERNAL] Pawn Shop Date:Monday, June 22, 2020 3:14:47 PM Mr Lindahl, I am writing to relay my STRONG opposition to a variance to allow a pawn shop at 1413 Mainstreet. I have owned and lived at 17 15th Ave N since 1978 with my wife Nancy. We raised 2 children here. The early days in which we lived here were the days of "cruising Mainstreet". This caused unwanted noise and traffic. I applaud the person that came up with the idea to make Mainstreet a one way on weekends. After the cruising problem was over, an arcade was in the building that the art studio is in now. There was crime and noise that accompanied that business. It has been quiet here for a while now and my wife and I would like it to remain that way, as would many of our neighbors. Pawn shops were barred from certain areas for a reason. There is no good reason to change that now. Paul B Johnsen 17 5th Ave N 612.720.7170 Paul B Johnsen "Good enough" seldom is From:Peter Leih To:Jason Lindahl Subject:[EXTERNAL] Re: Pawn America Variance Date:Tuesday, June 23, 2020 1:02:42 PM To whom it may concern, What is the compelling reason to allow for this variance? Pawn shops and payday lenders do not act in the public good, especially when they're placed in the midst of affordable housing units. There's zero reason to allow this sort of predatory business to have any easy access, and especially not one that's already filed for bankruptcy at least once. Let them go set up their racket in an industrial area and comply with the existing ordinance there. I would call these proprietors swine, but that would be insulting to hogs. Taking advantage of people who are at their most desperate has no place along Mainstreet or near residential areas. I can see no value in allowing any variance for this organization. Thank you, Peter Leih Hopkins, MN From:ROwens To:Jason Lindahl Subject:[EXTERNAL] SAY NO to a downtown Pawn Shop Date:Saturday, June 20, 2020 2:09:27 PM Jason- Hopkins has worked hard to be a small town. We have restaurants, antique shopping, Stages...we DO NOT NEED A PAWN SHOP downtown. Rachel From:RANDY LEVY To:Jason Lindahl Subject:[EXTERNAL] Fwd: Pawn America Date:Tuesday, June 16, 2020 7:45:40 AM > Seems like it’s basically authorizing a gun dealer > To locate On Main Street within 200 Feet Of residential. Trading guns is typical pawn business. > > I am at 1315 Mainstreet and think that is really lame development idea. > > Feel Free To call > > Please Add My comments to Hopkins virtual Meeting. And please Share w council members. > > Thank you. > > Rand Levy > 6128898776 cell From:Amy Domeier To:Kersten Elverum; Jason Lindahl; Courtney Pearsall Cc:Ari Lenz Subject:FW: [EXTERNAL] Online Form Submittal: City Council Virtual Meeting Participation Date:Wednesday, June 24, 2020 7:41:24 AM From: noreply@civicplus.com <noreply@civicplus.com> Sent: Tuesday, June 23, 2020 6:36 PM To: Ari Lenz <alenz@HOPKINSmn.com>; Amy Domeier <adomeier@HOPKINSmn.com> Subject: [EXTERNAL] Online Form Submittal: City Council Virtual Meeting Participation City Council Virtual Meeting Participation Due to the technical requirements associated with virtual meetings, we strongly encourage you to provide your question/comment prior to the meeting in one of two ways listed below: -Via the question/comment box on this form -Via phone at 952-548-6302 during normal business hours (8 a.m.-4:30 p.m.). All comments must be submitted by noon on the day of the meeting in order to be included. If, despite the technical difficulties, you want to make your comment online or via phone during the meeting, please check the box at the bottom of the form, provide your email and phone number, and someone will be in contact with you with further instructions. First Name Roger Last Name Grisim Address 202 16th Ave. No. City Hopkins State MN Zip Code 55343 Phone Number 612-216-2484 Email Address regrisim@gmail.com Question/Comment (will be read at meeting) I oppose granting permission to Pawn America to open on Main Street. The City and surrounding businesses as well as residences have put in a lot of time, money and effort to make our Main Street the best in the state. We have seen a great trend of less-optimal commercial organizations moving out and much nicer ones moving in. Pawn America is owned and operated by a company that also engages in Payday Lending in a parallel business. While Pawn shops are better than that they are still very harmful to lower income and at-risk residents. Interest rates can work out to anywhere from 12% to +200%! The city getting taxes from such a business amounts to a regressive tax on our most vulnerable citizens. That demographic is more likely to only use Pawn/Payday lending if it is available as they believe they understand it better and it has a lower threshold for entry (no credit etc.). The fact is that even if they are regularly paying off their item and not losing the collateral it is bad. I want to provide verbal comment during the meeting: Yes Email not displaying correctly? View it in your browser. From:Ryan . To:Jason Lindahl Subject:[EXTERNAL] NO pawn shop Date:Monday, June 22, 2020 8:12:03 PM Jason, Please don't allow a pawn shop in Hopkins. Thank you. Ryan Owens From:Kathleen Esh To:Jason Lindahl Subject:[EXTERNAL] Pawn Shop - Kathleen Date:Saturday, June 20, 2020 3:50:27 PM Hello Mr. Lindahl, There was a note left at our front door regarding a Pawn Shop asking should it be allowed on Mainstreet. We live one block from Mainstreet on 14th Ave. N. and would prefer a Pawn Shop NOT be allowed. This is too close to homes, a School, a Church, Dentists and Parks like Maetzold Field and Central Park. Thank you, Stephen and Kathleen Esh From:Sue Gallucci, LICSW, Psychotherapist/Life Coach To:Jason Lindahl Subject:[EXTERNAL] Pawn America = Please do not let them in! Date:Friday, June 12, 2020 4:19:13 PM Hi Jason, Hope you are doing well? I feel very strongly against letting them in. We will already be incurring the negative impact of all the riffraff the light rail will be bringing into Hopkins.If we add a Pawn Shop and all the shady characters that attracts = Not good at all! When I moved here 3 years ago and told people I had moved to Hopkins, they'd say, with a grimace saying "Oh Hopkins, well, I hear it's getting better?!" Apparently Hopkins use to be really scroungy and kinda shady. As it is there are already so many empty storefronts from the east end all the way to the west end of Mainstreet. If you add a pawn shop you will just loose the grip we have on continuing to improve Hopkins. Plus we alter the Ordinance this one time then it will open the door to other similar business's and then there goes Hopkins. Please do not do this!!!! Please! Sue Gallucci, LICSW, Psychotherapist and Life Coach 1521 Mainstreet, Hopkins, MN 55343 Phone: 952-463-0600 E-mail: tosuegallucci@gmail.com Web: www.suegallucci.com From:Susan Owens To:Jason Lindahl Subject:[EXTERNAL] Please no pawn shop Date:Saturday, June 20, 2020 7:45:31 PM Hopkins has a reputation for having an attractive, small town atmosphere. Please don't draw negative traffic by allowing a pawn shop on Main Street. Thank you. From:Svitlana Owens To:ROwens Cc:Jason Lindahl Subject:[EXTERNAL] Re: SAY NO to a downtown Pawn Shop Date:Saturday, June 20, 2020 2:18:35 PM What is this? I will look into this information. Does not sound good. On Sat, Jun 20, 2020, 2:09 PM ROwens <black_solace@yahoo.com> wrote: Jason- Hopkins has worked hard to be a small town. We have restaurants, antique shopping, Stages...we DO NOT NEED A PAWN SHOP downtown. Rachel From:theresamn@aol.com To:Jason Lindahl Subject:[EXTERNAL] Pawn Shop variance Date:Tuesday, June 23, 2020 9:15:36 AM Hi Jason, As a homeowner less than a block off Mainstreet, I object to Hopkins granting the variance requested by Pawn America to open a location on Mainstreet. My main objections: The zoning code exists for a reason and setting a precedent like this requires community support, which I don't think exists This location is too close to a residential neighborhood Mainstreet is not a heavily populated / traveled corridor consistent with their other locations. Like it or not, the type of business involved preys on people down on their luck. That is the reason you part with something valuable, gambling on getting it back for a large premium. Or it is meaningless to you because it is not yours to begin with. Thanks for your consideration, Theresa Aleckson Hopkins resident for 17 years. theresamn@aol.com From:Tina Zelinka To:Jason Lindahl Subject:[EXTERNAL] pawn shop on main street Date:Saturday, June 20, 2020 11:33:25 AM Jay- I am a single mother of a teenage daughter, living on 15th Ave, 1/2 a block from Main St. I am STRONGLY opposed to a pawn shop going in just up the street, or anywhere on Main St. I just purchased my home in December for 353K. Had I known there was a possibility of a pawn shop going in just up the block, I never would have chosen this home and neighborhood. I have personal experience in the pawnshop business. My father owned one for several years. He ultimately had to close that business and completely change directions and started selling wholesale art. He had been held at gunpoint more than once, threatened daily, dealt with people in desperate situations where he couldn't help. His pawn shop was not near any residential homes, but if it is was he would've closed much sooner. The ties between Pawn America and payday loans is also a big problem. These businesses prey on the poor and do NOT help them, but put them so far down a nightmarish financial hole that they can't get out of. I can't believe this is even being considered! There are plenty of places Pawn America can go- Main St. in Hopkins should never be one of them. My neighbors and I will do anything that it takes to stop this- and if it goes through, I will know that this city does not have the best interest of the residents in mind. Have you educated yourself about payday loans and how much stolen property is brought into pawnshops? Even if the criminals are stopped, they still are coming to the neighborhood to attempt to sell stolen goods. Thank you for reading, and please do the right thing for this community and its residents. Tina Zelinka 30 15th Ave N Hopkins From:Tiphanie To:Jason Lindahl Subject:[EXTERNAL] Pawn America Date:Monday, June 22, 2020 10:21:24 PM To whom it may concern I am deeply troubled with the news that a pawn shop is being considered as a tenant in a building on Mainstreet. We have worked so hard to lift up Hopkins as a place for great food, beer, antiques and art. I hope you really consider what a pawn shop adds to this environment. Please feel free to call me if you have any other questions. Tiphanie Dirnberger 612-559-0783 Sent from my iPhone From:Todd Brobst To:Jason Lindahl Subject:[EXTERNAL] Pawn Shop Date:Tuesday, June 23, 2020 9:26:07 AM I would like to voice my answer to this is NO! Goes against the city three codes. City limit, Main Street and close to residential housing! NO! Todd Brobst From:Tomas Garcia To:Jason Lindahl Subject:[EXTERNAL] Proposed Pawnshop on Main Street Date:Tuesday, June 23, 2020 2:05:03 PM As a resident of Hopkins I vehemently oppose the variance in the city ordnance that would allow a pawnshop on Mainstreet Please refer from voting YES on this issue From:Anthony Pohlen To:Jason Lindahl Subject:[EXTERNAL] Pawn Shop Vote Date:Tuesday, June 23, 2020 2:32:28 PM Dear Mr. Lindahl, I am writing to express my strong opposition to allowing a variance to the city's ordinance that forbids pawn shops within 200 feet of homes or Main Street for the 1413/1409 Main Street location, or any other similar variance for another location. Pawn shops are a form of predatory lending that only serve to increase people's debt. While some may argue they provide a quick and easy option for people without access to more mainstream financial services, they are both unsightly in the neighborhood and more often than not harmful to those who must use their services. Also, pawn shops can attract thieves trying to offload stolen goods. While there are laws and databases to protect against this, it still happens. We do not need that in our neighborhood. This particular proposed pawn shop is within a block of my house on 16th Ave. I do not want my children to have to pass by a pawn shop and the kind of business and desperation it can attract. I think we have better ways to serve the people who find themselves in need of what a pawn shop may offer - which often ends up being a short-term financial fix that risks a downward spiral of debt. Thank you for including my voice among those giving input on the city council vote next week on 6/23 on this matter. Sincerely, Tony Pohlen CITY OF HOPKINS Hennepin County,Minnesota ORDINANCE NO.2017-1125 AN ORDINANCE AMENDING SECTIONS 515.07,535 AND 543 OF THE CITY CODE RELATED TO PAWNSHOPS,PAYDAY LOAN AGENCIES, CURRENCY EXCHANGE AND COIN DEALERS THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 515.7,Definitions, is hereby amended to add the following: Pawnshop: A facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan. Items held by the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public. The term pawnshop includes a facility where all or any part of the pawnshop activities are conducted. Pawnshops may include payday loan agencies as an ancillary service provided the two businesses have common ownership and are physically located within the same leased or owned space. Payday Loan Agency: Any business that has as its primary activity the providing of short-term loans for the borrower's own personal,family,or household purpose which are usually for a period of forty-five(45)days or less. Payday loan agencies do not include banks. SECTION 2. 535 Subdivision 3, Permitted Uses, is hereby amended to add the following: Permitted Uses B-1 B-2 B-3 B-4 5. Antiques-Used Goods X X 34. Coin Dealer& Stamp X X 2)XKK (2)XKK 37. Currency Exchange 2)XEE (2)XEE (2)XEE 83. Pawnshops X X-(2)XKK (2)XKK 84. Payday Loan Agencies 2)XKK (2)XKK SECTION 3. 535 Subdivision 3, Conditional Use Requirements, is hereby amended as follows: EE)Currency Exchange provided: 1. The use shall be located at least one thousand (1,000) feet from another currency exchanges, secondhand goods stores, pawnshops and missions; 2. Within the B-3, General Business District, no such use shall be located on a property that has frontage on or abuts Mainstreet. district; 3. Back-lighted signs, back-lighted awnings, portable signs, temporary signs and freestanding signs shall be prohibited; 4. The window and door arca of any existing first floor façade that facos a public street or 4. Windows must be of clear,transparent glass and be free of obstruction for at least three(3)feet into the store. Products may be displayed in the window provided the display, including signage, does not occupy more than 30 percent of the window area. 5. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. 6. The use shall take place completely within an enclosed building. Outdoor storage, display or sales are prohibited. 7. Conformance of all applicable licensing requirements from the State of Minnesota. In any instance where the zoning regulations and the applicable licensing requirements conflict, the more restrictive shall apply. KK. Pawnshop, Payday Loan Agency or Coin Dealer provided: 1. The use shall be located at least one thousand (1.000) feet from another pawnshop.payday loan agency,or coin dealer. 2. The use shall be located at least two hundred (200) feet from any residential or institutional use or district. 3. The use shall be located at least three hundred fifty (350) feet from an off-sale liquor establishment. 4. Within the B-3.General Business District, no such use shall be located on a property that has frontage on or abuts Mainstreet. 5. Back-lighted signs.back-lighted awnings,portable signs.temporary signs and freestanding signs shall be prohibited. 6. Windows must be of clear,transparent glass and be free of obstruction for at least three feet into the store. Products may be displayed in the window,provided the display.including signage, does not occupy more than 30 percent of the window area. 7. The use of bars,chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. 8. The use shall take place completely within an enclosed building. Outdoor storage.display or sales are prohibited. 9. Conformance of all applicable licensing requirements from the City of Hopkins and the State of Minnesota. In any instance where the zoning regulations and the applicable licensing requirements conflict.the more restrictive shall apply. SECTION 4. 543.02. Permitted and Conditional Uses, is hereby amended as follows: Commercial UN DT CTC Blake) (8th Ave) (Shady Oak) 20. Currency Exchange X-053 X(b) 551 lops X X Conditional Uses b. Currency Exchange The use shall be located at least one thousand (1,000) feet from any other currency 2 The use shall be located at list three hundred fifty (350) feet from an off sale 3, Back lighted signs, back lighted awnings, portable signs, temporary signs and SECTION 5. This ordinance shall take effect and be in force upon its publication, in accordance with Section 3.07 of the City Charter. First Reading: November 6,2017 Second Reading: November 21,2017 Date of Publication: November 30, 2017 Date Ordinance Takes Effect: November 30, 2017 nidIty Molly mmngCis, Mayor ATTEST: 0/2/AALeA/CA Amy Domeier, City Clerk November 6, 2017 City Council Report 2017-127 Zoning Code Text Amendment Related to Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers Proposed Action Staff recommends the following motion: Move to adopt Resolution 2017-069, recommending approving an ordinance amending Sections 515.07 (Definitions) and 535 (Business Districts) of the City Code related to zoning standards for Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers. Overview This application was initiated by staff to update the City’s zoning regulation for Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers. This memo reviews the City’s legal authority for this type of application, the proposal’s consistency with the Comprehensive Plan, the proposed zoning standards and potential non-conformity issues. Based on the findings made below, staff recommends approval of this request. Should the City approve the proposed zoning code text amendment, it would: 1. Establish new zoning definitions for “Pawnshops” and “Payday Loan Agencies.” 2. Reorganize Pawnshops, Currency Exchanges and Coin Dealers into more appropriate zoning categories and reclassify Pawnshops and Coin Dealers from permitted to conditional uses. 3. Establish Payday Loan Agencies as a new, distinct use. 4. Revise conditional use standards for Currency Exchanges. 5. Establish new conditional use standards for Pawnshops, Payday Loan Agencies and Coin Dealers. Primary Issues to Consider • Consistency with the Comprehensive Plan • Zoning Standards • Potential Non-Conformity Issues Supporting Documents • Resolution 2017-069 • Ordinance 2017-1125 • Zoning Map _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2017-127 Page 2 Background In January 2017, the City Council approved a one-year moratorium on pawnshops, currency exchanges and coin dealers to give City staff sufficient time to study these uses and evaluate various options for regulation. This moratorium was put in place in part because Metro Transit plans to extend the Metro Green Line through Hopkins and, as part of this project, will acquire the City’s only pawnshop. This will likely facilitate this business relocating to another site within the community. As a result, the City believes this is the appropriate time to review the development regulations for these businesses. During their regular May and June meetings, the Planning & Zoning Commission reviewed the zoning and licensing standards for pawnshops, currency exchanges and coin dealers for Hopkins, selected metropolitan communities and the State of Minnesota. During that discussion, staff reviewed each of these regulations and asked the Commission for comments on appropriate zoning districts, classification (permitted vs. conditional use), and standards (separation, number per population, storefront appearance, etc.). Commissioners’ comments included: St. Louis Park provided the best model for zoning and licensing standards; with the possible exception of coin dealers, these uses should be eliminated from the B-2 zoning district and along Mainstreet; change zoning districts where practical or mandate CUP; City licensing standards should address business operation not zoning standards; the City Council should consider whether Hopkins should require a city license for these uses in addition to the state licensing requirements. Based on this discussion, staff prepared draft zoning regulations for these uses and presented them to the City Council during their September 12, 2017, work session. The City Council was generally supportive of the draft regulations, agreed to maintain city licensing for pawnshops but state licensing for the other uses, and suggested the Planning & Zoning Commission consider limiting the number of these uses in Hopkins based on population. The Council then directed staff to hold a public hearing on this item with the Planning & Zoning Commission before bringing it back to the City Council for final action. Planning & Zoning Commission Action The Planning & Zoning Commission held a public hearing to review this item during their regular meeting on October 24, 2017. During the public hearing, the Commission heard a summary presentation from staff and no comments from the public. Staff noted the proposed zoning changes were provided to Pawn America and they have not provided comment. Overall, the proposed zoning changes will bring most of the existing businesses closer to compliance. After some discussion, the Commission decided to not add a provision limiting the number of these businesses based on population. The Commission then voted unanimously to recommend the City Council approve this item. Primary Issues to Consider Legal Authority. Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, the City has wide flexibility to create standards that will ensure the type of development it desires; however, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. Consistency with the Comprehensive Plan. The proposed zoning ordinance text City Council Report 2017-127 Page 3 amendment would update the City’s zoning regulation for Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers. Staff finds the proposed changes consistent with the applicable goals and implementation strategies from the Comprehensive Plan. The applicable goals or implementation strategies from the Comprehensive plan, along with staff’s findings for each, are detailed below. 1. Protect and Enhance Downtown Hopkins Findings: The Comprehensive Plan identifies eight primary goals to guide future development in Hopkins. The most applicable goal to this application is to “protect and enhance downtown Hopkins.” The proposed zoning changes would meet this goal by prohibiting Pawnshops, Payday Loan Agencies, Currency Exchanges or Coin Dealers in the B-2, Central Business district, or on properties in the B-3 district along Mainstreet. Overall, the proposed zoning changes move these uses to more compatible areas in the B-3 and B-4 districts where there are larger commercial areas along higher capacity roads. 2. Review and Update Zoning and Subdivision Regulations Findings: In addition to the eight primary goals, the Comprehensive Plan identifies strategies to implement these goals. Specifically, the Comprehensive Plan identifies the implementation strategy to review and update the City’s zoning and subdivision regulations. Updating the zoning regulations for Pawnshops, Payday Loan Agencies, Currency Exchanges or Coin Dealers will detail the specific standards necessary to implement the City’s goal to protect and enhance downtown. Zoning Standards. The proposed zoning ordinance text amendment would make five changes to the zoning standards for Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers. These changes are consistent with the goals and implementation strategies of the Comprehensive Plan and will protect the health, safety and general welfare of the community by clarifying definitions, reorganizing and reclassifying these uses, updating conditions for Currency Exchanges and establishing new conditions for Pawnshops, Payday Loan Agencies and Coin Dealers. Each of the five proposed changes is detailed below. 1. Establish new zoning definition for Pawnshops and Payday Loan Agencies. Currently, the zoning ordinance does not define either of these uses. In addition, staff found there is often confusion between these uses and Currency Exchanges. Staff recommends establishing the following definitions for these uses which are consistent with the definitions used in state licensing statutes and surrounding communities. Pawnshop: A facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan. Items held by the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public. The term pawnshop includes a facility where all or any part of the pawnshop activities are conducted. Payday Loan Agency: Any business that has as its primary activity the providing of short- term loans for the borrower's own personal, family, or household purpose which are usually for a period of forty-five (45) days or less. Payday loan agencies do not include banks. City Council Report 2017-127 Page 4 2. Reorganize Pawnshops, Currency Exchanges and Coin Dealers into more appropriate zoning categories and reclassify Pawnshops and Coin Dealers from permitted to conditional uses. Pawnshops are currently a permitted use in the B-2 and B-3 districts; however, the only existing pawnshop in Hopkins (Pawn America located at 168 Blake Road North) is located in the B-4 district. Similarly, Currency Exchanges are currently a conditional use in the B-2 district, but the two existing uses (Casablanca Market at 716 - 11th Avenue South and the US Grocery & Tobacco store at 520 Blake Road North) are both located in the B-3 district. Therefore, reorganizing Pawnshops from a permitted use in the B-2 and B-3 districts to a conditional use in the B-3 and B-4 districts and moving Currency Exchanges from conditional use in the B-2 district to a conditional use in the B-3 and B-4 districts will make these existing uses conforming. There are no existing commercial Coin Dealers in Hopkins (only one that operates as a home occupation), so reorganizing Coin Dealers from a permitted use in the B-1 and B-2 districts to a conditional use in the B-3 and B-4 districts will not impact an existing business. Reorganizing these uses will also help achieve the City’s goal to protect and enhance Downtown Hopkins while allowing these uses in zoning districts more consistent with their business needs and separating them from other incompatible land uses. 3. Establish Payday Loan Agencies as a new, distinct use. Currently, the zoning ordinance does not address this use. This use is becoming more common and has both similar and different characteristics to both Pawnshops and Currency Exchanges. Based on its characteristics, staff finds Payday Loan Agencies should be classified as a conditional use in the B-3 and B-4 districts. 4. Revise conditional use standards for Currency Exchanges. Changes to these standards are necessary to bring the existing currency exchange uses closer to compliance with the zoning ordinance while still maintaining the City regulatory goals. The proposed zoning changes are detailed in the attached draft ordinance and include: • Prohibiting this use on properties in the B-3 district that abut Mainstreet. • Removing separation requirements from both residential and off-sale liquor uses. The two existing currency exchange uses do not meet these standards, and staff believes they are not necessary. • Revising window transparency standards. • Prohibiting outdoor storage, display or sales. • Requiring these businesses to obtain and maintain a State of Minnesota license. 5. Establish new conditional use standards for Pawnshops, Payday Loan Agencies and Coin Dealers. Reclassifying Pawnshops and Coin Dealers from permitted to conditional uses and establishing Payday Loan Agencies as a conditional use requires establishment of specific conditional use standards. As previously directed by the Planning & Zoning Commission and City Council, staff drafted these standards based on the City’s standards for Currency Exchanges as well as those standards used by the City of St. Louis Park. These standards are detailed in the attached draft ordinance and require these uses: • Are at least one thousand (1,000) feet from another pawnshop, payday loan agency, or coin dealer. • Are at least two hundred (200) feet from any residential or institutional use or district. City Council Report 2017-127 Page 5 • Are at least three hundred fifty (350) feet from an off-sale liquor establishment. • Are prohibited in the B-3, General Business District, along Mainstreet. • Do not have back-lighted signs, back-lighted awnings, portable signs, temporary signs or freestanding signs. • Have clear, transparent glass, free of obstruction for at least three feet into the store. • Do not cover more than 30 percent of the window area. • Do not have bars, chains or similar security devices that are visible from a public street or sidewalk. • Take place completely within an enclosed building. Outdoor storage, display or sales are prohibited. • Obtain and maintain a City of Hopkins and/or State of Minnesota license. Nonconformities. As with any change to the City’s regulations, this zoning ordinance text amendment has the potential to create sites that are non-conforming or do not meet the new proposed standard. According to Minnesota Statute 462.357, Subdivision 1e., legal nonconformities generally have a statutory right to continue through repair, replacement, restoration, maintenance, or improvement, but not through expansion. These rights run with the land and are not limited to a particular landowner. If the benefited property is sold, the new owner will have the same rights as the previous owner. As mentioned above, many of the proposed changes will bring these uses closer to compliance while still maintaining the City’s regulatory goals. Alternatives 1. Approve the proposed Zoning Code text amendment related to Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers. By recommending approval, the City Council will approve new zoning standards for these uses. 2. Deny the proposed Zoning Code text amendment related Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers. By denying this request, the existing standards for these uses will remain in effect. If the City Council considers this option, 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. 2017-069 A RESOLUTION APPROVING ORDINANCE 2017-1125 AMENDING SECTIONS 515.07 AND 535 OF THE CITY CODE RELATED TO PAWNSHOPS, PAYDAY LOAN AGENCIES, CURRENCY EXCHANGES AND COIN DEALERS WHEREAS, the City of Hopkins initiated an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers; WHEREAS, the procedural history of the application is as follows: 1. That the City Council adopted a moratorium regarding the regulation of Pawnshops, Currency Exchanges and Coin Dealerships on January 3, 2017; 2. That an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for these uses was initiated by the City of Hopkins on April 21, 2017; 3. That the Hopkins Zoning and Planning Commission reviewed and discussed this item during their regular May 23 and June 27, 2017, meetings; 4. That the Hopkins City Council reviewed and discussed this item during their September 12, 2017, work session; 5. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on October 24, 2017: all persons present were given an opportunity to be heard; and, 6. That the written comments and analysis of City staff were considered; and 7. That the Hopkins Planning & Zoning Commission voted unanimously that the City Council approve this item. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves Ordinance 2017-1125 amending Sections 515.07 and 535 of the City Code related to Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers based on the findings detailed in City Council Report 2017-127. Adopted this 6th day of November 2017. _______________________ Molly Cummings, Mayor ATTEST: ______________________ Amy Domeier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2017-1125 AN ORDINANCE AMENDING SECTIONS 515.07 AND 535 OF THE CITY CODE RELATED TO PAWNSHOPS, PAYDAY LOAN AGENCIES, CURRENCY EXCHANGE AND COIN DEALERS THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 515.7, Definitions, is hereby amended to add the following: Pawnshop: A facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan. Items held by the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public. The term pawnshop includes a facility where all or any part of the pawnshop activities are conducted. Payday Loan Agency: Any business that has as its primary activity the providing of short-term loans for the borrower's own personal, family, or household purpose which are usually for a period of forty-five (45) days or less. Payday loan agencies do not include banks. SECTION 2. 535 Subdivision 3, Permitted Uses, is hereby amended to add the following: Permitted Uses B-1 B-2 B-3 B-4 5. Antiques-Used Goods X X 34. Coin Dealer & Stamp X X (2)XKK (2)XKK 37. Currency Exchange (2)XEE (2)XEE (2)XEE 83. Pawnshops – Antiques-Used Goods X X (2)XKK (2)XKK 84. Payday Loan Agencies (2)XKK (2)XKK SECTION 3. 535 Subdivision 3, Conditional Use Requirements, is hereby amended as follows: EE) Currency Exchange provided: 1. The use shall be located at least one thousand (1,000) feet from all existing currency exchanges, secondhand goods stores, pawnshops and missions; 2. Within the B-3, General Business District, no such use shall be located on a property that has frontage on or abuts Mainstreet. 3. The use shall be located at least two hundred (200) feet from a residential or institutional district; 4. The use shall be located at least three hundred fifty (350) feet from an off-sale liquor establishment; 3. Back-lighted signs, back-lighted awnings, portable signs, temporary signs and freestanding signs shall be prohibited; 4. The window and door area of any existing first floor façade that faces a public street or sidewalk shall not be reduced, nor shall changes be made to such windows or doors that block views into the building at eye level; 4. Windows must be of clear, transparent glass and be free of obstruction for at least three (3) feet into the store. Products may be displayed in the window provided the display, including signage, does not occupy more than 30 percent of the window area. 5. For new construction, at least thirty (30) percent of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level; 5. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. 6. The use shall take place completely within an enclosed building. Outdoor storage, display or sales are prohibited. 7. Conformance of all applicable licensing requirements from the State of Minnesota. In any instance where the zoning regulations and the applicable licensing requirements conflict, the more restrictive shall apply. KK. Pawnshop, Payday Loan Agency or Coin Dealer provided: 1. The use shall be located at least one thousand (1,000) feet from another pawnshop, payday loan agency, or coin dealer. 2. The use shall be located at least two hundred (200) feet from any residential or institutional use or district. 3. The use shall be located at least three hundred fifty (350) feet from an off-sale liquor establishment. 4. Within the B-3, General Business District, no such use shall be located on a property that has frontage on or abuts Mainstreet. 5. Back-lighted signs, back-lighted awnings, portable signs, temporary signs and freestanding signs shall be prohibited. 6. Windows must be of clear, transparent glass and be free of obstruction for at least three feet into the store. Products may be displayed in the window, provided the display, including signage, does not occupy more than 30 percent of the window area. 7. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. 8. The use shall take place completely within an enclosed building. Outdoor storage, display or sales are prohibited. 9. Conformance of all applicable licensing requirements from the City of Hopkins and the State of Minnesota. In any instance where the zoning regulations and the applicable licensing requirements conflict, the more restrictive shall apply. SECTION 4. This ordinance shall take effect and be in force upon its publication, in accordance with Section 3.07 of the City Charter. First Reading: November 6, 2017 Second Reading: November 21, 2017 Date of Publication: November 30, 2017 Date Ordinance Takes Effect: November 30, 2017 ______________________ Molly Cummings, Mayor ATTEST: _______________________ Amy Domeier, City Clerk R-2 R-1-D R-1-E INS R-1-C BP BP B-1 R-6 R-4 PUD BP I-2 I-2 I-1 I-2 BP R-1-B INS INS R-1-D R-1-C R-1-D I-1 R-4 R-5 B-4 I-2 R-2 R-1-A R-1-A INS I-2 R-!-B B-3 R-1-A R-4 R-4 I-2 I-2 I-1 INS INSB-2 R-1-C R-3 R-4 B-4 R-3 R-1-D INS R-1-A B-1 R-2 B-3 B-3 R-2 R-4 PUD B-3 B-4 R-4 R-1-C R-4 B-3 R-1-C R-4 B-3 R-1-A I-2 R-4 R-4 R-3B-3 B-3B-3 B-3 R-5 I-1 I-1 R-1-A R-4 B-2 B-3 B-3 B-3 R-4 R-3 R-1-C R-1-CR-2 R-2 B-3 B-3 B-3 R-4 R-4 B-1 I-2 B-1 R-5R-5 R-4 R-3 R-1-C B-4 TextR-2 Closed Landfill Restricted BP BP City of Hopkins Zoning Map ³ ZONING DISTRICTS R-1-A Single and Two Family High Density R-1-B Single Family High Density R-1-C Single Family Medium Density R-1-D Single Family Low Density R-1-E Single Family Low Density R-2 Low Density Multiple Family R-3 Medium Density Multiple Family R-4 Medium High Density Multiple Family R-4 PUD R-5 High Density Multiple Family R-6 Medium Density Multiple Family B-1 Limited Business B-2 Central Business B-3 General Business B-4 Neighborhood Business Business Park Institutional I-1 Industrial I-2 General Industrial Mixed Use Closed Landfill Restricted (CLR)