CR 2003-099 Variance-Height
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CITY Of:
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June 25,2003
J..{OPKINS
Council Report 03-99
VARIANCE-HEIGHT
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 03-55, approving a
height variance to construct a iuice tower.
At the Zoning and Planning meeting, Mr. Szuba moved and Ms. Hatcher seconded a
motion to adopt Resolution RZ03-11, recommending approval of a height variance to
construct a juice tower. The motion was approved unanimously.
Overview.
Citrus Systems is moving from their current location on Excelsior Boulevard to the
former Alliant Tech building on Second Street N.E. Citrus Systems is required to have a
certain storage capacity for juice. A 46-foot juice tower will provide the required
storage capacity. The applicant is requesting a height variance to move a 46-foot juice
storage tower on the site. The maximum height allowed is 35 feet.
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Staff is recommending approval of the variance. In the action following, staff is
recommending that the ordinance be amended to allow accessory structures to be higher
than the maximum height of a building. If Citrus Systems needed a water tower on the
site, the ordinance would have allowed a water tower without a variance. The following
amendment will allow accessory structures not exceeding five percent of the lot to
increase the height requirement by 50 percent. This ordinance amendment would apply
only to accessory structures in industrial districts.
Primary Issues to Consider.
. What is the zoning of the property?
. What does the ordinance require for a maximum height?
. What are the specifics of the applicant's request?
. What special circumstances or hardship does the property have?
. What was the discussion at the Zoning and Planning meeting?
Supportine Documents.
. Analysis of Issues
. Site Plans
. Resolution 03-55
Nanc . Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR03-99
Page 2
Primary Issues to Consider.
. What is the zoning of the property?
The subject property is zoned 1-2, General Industrial.
. What does the ordinance require for the maximum height?
The ordinance requires a maximum height of 35 feet abutting a residential district.
. What are the specifics of the applicant's request?
The applicant is requesting an II-foot variance
. What special circumstances or hardship does the property have?
The Zoning Ordinance states the following: a variance is a modification or variation
from the provisions of this code granted by the board and applied to a specific parcel of
property because of undue hardship due to circumstances peculiar and unique to such
parcel. The Zoning Ordinance also states the following: that the Commission must find
that the literal enforcement of the provision of the Zoning Ordinance would cause an
undue hardship because of circumstances unique to the individual property under
consideration and that the granting of a variance to the extent necessary to compensate
for said hardship is in keeping with the intent of this code.
In this case the applicant has an undue hardship that is unique to the property. The
property abuts the HCRRA property, and a building will not be constructed on this
property.
. What was the discussion at the Zoning and Planning Commission?
Ms. Anderson reviewed the proposed variance. Tom Boeh1and and Brad Coats appeared
before the Commission. Mr. Boeh1and stated they are moving to the former Alliant
Tech site and need a large storage container for juice. If they cannot have the 46-foot
juice storage container, they would have to construct many smaller containers. No one
appeared regarding this item.
Alternatives.
1. Approval the variance. By approving the variance, the applicant will be able to
construct the juice tower as proposed.
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2. Deny the variance. By denying the variance, the applicant will not be able to
construct the juice tower as proposed. If the City Council considers this alternative,
findings of fact will have to be stated that support this recommendation.
CR03-99
Page 3
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3. Continue for further information. If the City Council indicates that further
information is needed, the item should be continued.
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CITY OF HOPKINS
Hennepin .County, Minnesota
RESOLUTION NO: 03-55
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A HEIGHT VARIANCE TO ALLOW
A JUICE TOWER.
WHEREAS, an application for Variance VN03-2 has been made by Citrus Systems; and
WHEREAS, the procedural history of the application is as follows:
1.
That an application for Variance VN03-2 was made by Citrus Systems on
May 23, 2003;
2.
That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
June 24, 2003: all persons present were given an opportunity to be heard;
3.
That the written comments and analysis of the City staff were considered;
and
4.
Legal description of the parcel is as follows:
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Blocks 1, 2, 3 and 14 including the adjacent vacated alleys and vacated
streets subject to road easements, West Minneapolis Center
NOW, THEREFORE, BE IT RESOLVED that application for Variance VN03-2 IS
hereby approved based on the following Findings of Fact:
1. That the subject property is unique because it abuts the Hennepin County
Regional Railroad Authority Property.
2. That although the applicant's property technically abuts a residential
zoning district the location of the tower and the size of the lot minimizes
any impacts to the residential district.
BE IT FURTHER RESOLVED that application for Waiver of Plat VN03-2 is
hereby approved based on the following conditions:
1. That the applicant pays all attorney fees associated with this application.
Adopted this 1st day of July 2003.
ATTEST:
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Eugene 1. Maxwell, Mayor
Terry Obermaier, City Clerk
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