CR 2004-144 Zoning Ordinance Amendments, Sculptures
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. September 1, 2004 kOPK1NS Council Report 04-144
ZONING ORDINANCE AMENDMENTS - SCULPTURES
Proposed Action.
Staff reconunends the following motion: Move to adopt Resolution 04-67 A, denial of a
zoning amendment to allow sculptures in the B-2 zoning district.
At the Zoning and Plalming meeting Ms. Aristy moved and Mr. Kjos seconded a motion to
adopt Resolution RZ04-29, recommending approval of Ordinance 04-932 allowing
sculptures in the B-2 zoning district. The motion was approved unanimously.
If the City Council approved the amendment the following would be the motion: Move to
adopt Resolution 04-67B, approving Ordinance 04-932 which would amend the zoning
ordinance to allow sculptures in the B-2 zoning district for first reading.
Overview.
Dr. Pete L' Al1ier is proposing to have a sculpture at his place of business at 15 Eighth
A venue North. The zoning ordinance does not allow sculptures in the B-2 district. Dr.
L' Allier has applied for an ordinance amendment to allow sculptures in the B-2 zoning
district.
. The proposed sculpture is 22 feet in height and six feet wide. There would be no signage on
the sculpture. The sculpture would be lit from the bottom.
Primary Issues to Consider.
. What is applicant requesting to amend the ordinance?
. Are sculptures allowed in other zoning districts?
. Should this type of use be allowed in the B-2 zoning district?
. What is the staffrecommendation?
. What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
. Analysis ofIssues
. Resolution 04-67 A
. Resolution 04-678
. Ordinance 04-932
. Proposed Sculpture
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Nancy/S. Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
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Related Documents (CIP, ERP, etc.):
Notes:
CR04-144
Page 2
. Primary Issues to Consider.
. What is applicant requesting to amend the ordinance?
The applicant is requesting an amendment to the zoning ordinance to allow a sculpture in the
B-2 zoning district.
. Are sculptures allowed in other zoning districts?
Statutes and sculptures are allowed in the residential districts for non-residential uses_ A
non- residential use would be a church or school.
. Should this type of use be allowed in the B-2 zoning district?
In looking at the applicants' proposed sculpture, it seems quite big. The sculpture is 22 feet
high and six feet wide. Although the sculpture is not a solid stmcture, 22' x 6' is 132 square
feet. The larger sign allowed in the B-2 zoning district is 60 square feet.
The location the applicant has indicated is on the right-of-way and would not be allowed.
. \Vhat is the staff recommendation?
. Staff would recommend denying the applicant's request for amending the zoning ordinance
to allow a sculpture of the size the applicant is proposing. If the Planning Commission
indicates that statues and sculptures would be allowed under restrictions, direct staff to draft
and ordinance with these restrictions. If this use were to be allowed in the B-2 district, a
height restriction of five or six feet seems reasonable.
HBCA reviewed the proposed sculpture and viewed it cautiously. Height and materials were
a concem.
. What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed sculpture. Dr. Pete L' Allier, the applicant, appeared
before the Commission. The Commission discussed the sculpture and liked this one but was
concemed with amending the ordinance to allow other sculptures. The Commission
discussed amending the zoning ordinance and directing staff to draft an ordinancc to allow
additional sculptures as a conditional use permit. No one appeared at the public hearing
regarding this issue.
Altern atives.
1. Approve the zoning amendment to allow sculptures in the B-2 zoning district By
. approving the zoning amendment to allow sculptures in the B-2 district, the applicant will
be able erect the sculpture as proposed. If the City Council considers this alternative,
CR04-144
Page 3
. Resolution 04-67B will suppOli this alternative.
2. Approve the zoning amendment to allow sculptures in the B-2 zoning district with
conditions, such as height and width. By approving the zoning amendment to allow
sculptures in the B-2 district with conditions. If the City Council considers this
alternative, the applicant will not be able to erect the sculpture as proposed.
3. Deny the zoning amendment to allow sculptures in the B-2 zoning district. By denying
the zoning amendment, 110 sculptures will be allowed in the B-2 zoning district.
4. Continue for further infoffilation. If the Planning Commission indicates that further
infornlation is needed, the item should be continued.
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CITY OF HOPKINS
. Hennepin County, Minnesota
RESOLUTION NO: 04-67 A
RESOLUTION MAKING FINDINGS OF FACT AND
DENYING AMENDMENTS TO THE SIGN ORDINANCE
WHEREAS, an application for Zoning Amendments ZN04-12 has been made by Dr. Peter
L' Allier;
WHEREAS, the procedural history of the application is as follows:
l. That an application for a zoning amendment to the sign ordinance was made by
Dr. Pete L' Allier on July 29, 2004;
2. That the Hopkins Zoning and Plalll1ing Commission published notice, held a
public hearing on the application and reviewed such application on August 31,
2004: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN04-12
is hereby denied based on the following Findings of Fact:
1. That the proposed amendment will not enhance the downtown business district.
Adopted this 7th day of September 2004.
ATTEST:
Eugene J. Maxwell, Mayor
Terry Obcrmaier, City Clerk
.
CITY OF HOPKINS
. Hennepin County, Minnesota
RESOLUTION NO: 04-67B
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AMENDMENTS TO THE SIGN ORDINANCE
WHEREAS, an application for Zoning Amendments ZN04-12 has been made by Dr. Peter
L' Allier;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a zoning amendment to the sign ordinance was made by
Dr. Pete L' Allier on July 29,2004;
2. That the Hopkins Zoning and Plamling Commission published notice, held a
public hearing on the application and reviewed such application on August 31,
2004: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN04-12
is hereby approved based on the following Findings of Fact:
1. That the proposed amendment will enhance the downtown business district.
Adopted this 7th day of September 2004.
ATTEST:
Eugene J. Maxwell, Mayor
TelTY Obel111aier, City Clerk
.
. CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2004-932
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
The Ordinance Code of the City of Hopkins is hereby amended by amending the following
sections:
Section 570.51.
District/Use Permitted Type of Sign Q!y Illuminated Maximum Area of Total area of
Single sign all signs
6. B<~ Sculptures 1 yes
. First Reading: September 7,2004
Second Reading: September 21,2004
Date of Publication: September 30, 2004
Date Ordinance Takes Effect: September 30, 2004
Eugene 1. Maxwell, Mayor
ATTEST:
Terry Obemlaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attol11ey Signature Date
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