Memo-Building Permit Application For 245-18th Ave N.
Administrative Services Department
Office of the City Manager
Memorandum
To:
From:
Date:
Subject:
Honorable Mayor and Members of the City Council
Steven C. Mielke, City Manager
June 27, 2003
Building Permit Application for 245 - 18th Ave No
Attached to this memorandum you will find a letter from the attorney of Mr. Curt
Fretham. Mr. Fretham has applied for a building permit to construct on a 35 foot lot on
18th Avenue North. This property had previously had an application for a variance that
was rejected by the City Council.
Mr. Fretham applied for a building permit after he learned of the moratorium placed on
construction of homes on lots less than 40 feet in width.
After receiving Mr. Fretham's letter we referred the.issue to Wynn Curtiss, Assistant
City Attorney. Mr. Curtiss has prepared and sent a response to Mr. Fretham's attorney,
clarifying the City's position relative to the points made in Mr. Fretham's letter.
I am forwarding these pieces of correspondence to the City Council FYI so the Council
is aware that Mr. Fretham or his attorney may appear at the July 1 meeting, asking the
Council to consider allowing him to construct during the moratorium.
Mr. Curtiss is confident of the moratorium and the processes used to put it in place and
feels the City followed the correct procedures in placing the moratorium. Obviously, at
the end of the moratorium Mr. Fretham could then apply for a building permit under
whatever ordinance restrictions may exist at the conclusion of the moratorium.
Please contact me if you have any questions regarding this issue.
mayorccbldgapp
KOEPKE & DANIELS, P .A.
Attorneys & Counselors
,~
, ,
. ,
1100 One Financial Plaza
120 South Sixth Street
Minneapolis, Minnesota 55402
Telephone (612) 573-3660
Facsimile (612) 330-0959
Christopher L. Koshire
(763) 201-1202
koshire@koepkedaniels,com
3161 Fembrook Lane North
Plymouth, Minnesota 55447
Telephone (763) 201-1200
Facsimile (763) 201-1212
June 24, 2003
Reply to: Plymouth Office
The Honorable Eugene Maxwell, Mayor
City Hall
1010 First Street South
Hopkins, MN 55343
Via facsimile: (952) 934-1834
And U.S. Mail
RE: Building permit application for 245 18th Ave North
Dear Mayor Maxwell:
Our firm represents Mr. Curt Fretham ("Mr. Fretham") with respect to his building
permit application for a vacant lot located at 245 18th Ave North, Hopkins, Minnesota - Lot 27-
("Property").
.
Backeround
On or about August 16, 2002, Mr. Fretham purchased the Property and the lot south of
the Property identified as 241 18th Ave North - Lot 26 - ("South Property"). At that time, a
small, run down house was located on the property line of the Property and the South Property.
Attached hereto as Exhibit A is a recent survey of the two properties. The Property is
approximately 35 feet wide and the South Property is approximately 40 feet wide.
On or about September 27, 2002, Mr. Fretham sold the South Property to Mr. Thomas
Daughenbaugh. Mr. Daughenbaugh then removed the house that was located on the two lots. A
house has subsequently been bu~lt on the South Property.
Variance Application
.
On July 30, 2002, Mr. Fretham applied to the City of Hopkins for a zoning variance for
the Property. City of Hopkins residential setback laws require an 8-foot side yard set back from
the property lines. As such, Mr. Fertham could only build a 19-foot wide house on the Property.
Mr. Fretham researched plans for a 19-foot wide house and found that such a single-family
residential house would be extremely difficult to design and build. As a result, the 8-foot side
yard set back was an undue hardship for Mr. Fretham. Therefore, Mr. Fretham sought a zoning
variance for (2) three-foot side yard variances in order to construct a 25-foot wide single-family
residential home on the Property. Attached hereto as Exhibit B is a copy of Nancy Anderson's
September 17,2002 planning report ("Report") summarizing Mr. Fretham's request. The Report
Mayor Maxwell
June 24, 2003
Page 2 of 4
supports Mr. Fretham's request for (2) three-foot variances. As an aside, the house that was
removed from the Property was located 4.8 feet from the north property line.
September 24. 2002 Zonine: and Plannine: Commission Meetine:
On September 24, 2002, Hopkins Zoning and Planning Commission ("Commission")
held a regular meeting in which Mr. Fretham's zoning variance request was discussed. A copy
of the minutes of the meeting is attached hereto as Exhibit C. After a discussion was held on the
matter, the Commission recommended approval ofa (4) foot side yard variance on the south side
of the Property, which was the same variance that was requested by a neighbor as described
below.
On the same day, the Commission also heard a side yard set back variance request from
Mr. Daughenbaugh. At this time, Mr. Daughenbaugh owned a 35-foot lot across the alleyway
from the Property. The Commission recommended approval of Mr. Duaghenbaugh's request for
a 4 foot side yard set back on the south side of his property.
October 1. 2002 - Hopkins City Council Meetine:
On October 1, 2002, the Hopkins City Council ("City Council") held a regular scheduled
meeting to discuss, among other things;-Mr. Fretham's request for a variance. Copies of the
minutes ofthat meeting are attached hereto as Exhibit D.
At the City Council meeting, Mr. Fretham appeared and requested that the City Council
grant his 3-foot side yard variance request on each side of the Property. The City Council heard
testimony from other neighbors who had minor concerns about the variance request. The City
Council did hear testimony that some of the neighbors may not have been properly notified of
the variance request. Therefore, the City Council recommended and Mr. Fretham agreed to meet
with the neighbors to discuss their concerns. In closing, the City Council rescheduled the matter
for its October 15,2003 meeting, allowing sufficient time to provide the neighbors with a second
notice.
At this meeting, the City Council approved Mr. Daughenbuagh's variance request.
October 15. 2002 - Hookins Citv Council Meetine:
Prior to the October 15, 2002 meeting, Mr. Fretham met with the neighbors to discuss
their concerns. He assured them that he wanted to build a conservative, single-family house on
the Property.
'.
Mayor Maxwell
June 24, 2003
Page 3 of4
The City Council held a regular scheduled meeting on October 15, 2002. Prior to the
meeting, Mr. Fretham changed his variance request from (2) three-foot side yard variances to an
8-foot variance to the north and a 4-foot variance to the south of the Property. At the meeting,
for reasons unknown, Council Member Brausen recused himself from the discussion of Mr.
Fretham's request for a variance. The meeting was held and Mr. Fretham's request for a
variance was discussed. Despite no opposition from the neighbors, the support of the property
owner to the north and the south of the Property, and the support of the Commission, Mr.
Fretham's request fo.r a variance was denied by the City Council.
Proposed Sale of the Property
After the City Council denied his request for a variance, Mr. Fretham was left with two
decisions: 1) build a 19-foot wide house on the Property, which would prove to be a difficult
task; or 2) sell the Property. From October 2002 to May 2003, Mr. Fretham worked with an
architect and Hopkin's city planners to design a house for the Property. Ultimately, however,
Mr. Fretham was forced into selling the Property.
.
After significant effort, Mr. Fretham located a buyer that was willing to build a 19-foot
wide or less house on the Property. On May 19, 2003, Mr. Fretham entered into a purchase
agreement ("Agreement") for the Property' with Ms. Pnina Palacios. The Agreement was
conditioned on Ms. Pnina obtaining a building permit from the City of Hopkins. The closing
was set for June 20, 2003.
On June 10, 2003, Ms. Palacio's son-in-law, Joe" Kidder, who is a building contractor,
met with Nancy Anderson to file a building permit application for the Property. Ms. Anderson
advised Joe that she could not accept the application because the City of Hopkins had imposed a
moratorium on building permits for lots less than 40 feet wide.
To say the least, Mr. Fretham was shocked to learn about the moratorium. Mr. Fretham
never received written notification by the City of Hopkins that such a moratorium was even
being considered. Further, Mr. Fretham's sale of the Property was now in serious jeopardy. In
order to save the sale of the Property, Mr. Fretham filed his own building permit application for
the Property on June 17, 2003. Mr. Fretham's building permit application sought to build a 14-
foot wide single-family house on the Property. Attached hereto as Exhibit E is a copy of the
survey with the proposed house to be built on the Property that was submitted with the
application.
Review of Ordnance No. 2003-904
.
We have reviewed Ordnance No. 2003-904 which prohibits any construction of structures
on lots less than 40 feet wide ("Moratorium"). In our review, there are two instances which
clearly show that Mr. Fretham was unjustly harmed by the Moratorium. First, the Moratorium
did not take effect until June 12,2003, two days after Ms. Pnina tried to submit a building permit
application to the City of Hopkins for the Property. Therefore, Ms. Pnina's permit application
Mayor Maxwell
June 24, 2003
Page 4 of4
.
was denied based solely on a Moratorium which had not even taken effect and was not legally
enforceable. Second, the City of Hopkins chose to specifically single out Mr. Pretham by
enacting the Moratorium. This is shown by the fact that Mr. Pretham's case is specifically cited
in the Moratorium. The foregoing instances clearly show that the City of Hopkins has a bias
against Mr. Pretham and that Mr. Fretham has been unjustly harmed as result of the same.
Resolution of the Matter.
In order to cure the harm that was caused as a result of the City of Hopkins' unjust
actions, Mr. Pretham respectfully requests that the City of Hopkins accept his building perinit
, -
application for a 14 foot-wide single-family home for the Property at its next City Council
meeting on July 1, 2003.
If you have any further questions, please do not hesitate to contact me.
Very truly yours,
lJ~ ~ ;:-v.L.
Christopher L. Koshire
.
Cc: Mr. Curt Pretham
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HOPKINS
September 17, 2002
Planning Report VN02-3
.
VAEUANCE~IDEYARD
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution RZ02-22.
recommending ap-proval of side yard variances to construct a home.
Overview.
The applicant has purchased 245-1Sth Avenue North. There are currently two lots, a 40
-foot lot and a 35-foot lot. There is an existing home on the 35-foot lot that will be
removed. The applicant is requesting two three-foot sideyard variances to construct a
home on the 35-foot wide lot. With the variance, the applicant will be able to construct
a 25-foot wide home. The applicant can construct a home without the variance, but the
home would be 19- feet wide at the outside dimension.
The existing home on the 35-foot lot is 4.8 feet from the property line. The applicant is
also proposing to construct a home on the 40-foot lot.
Primary Issues to Consider.
. vVhat is the zoning of the property?
. What does the ordinance require?
. What are the specifics of the applicant's request?
. What special circumstances or hardship does the property have?
Supporting: Documents.
. Analysis of Issues
. Survey
. 25-foot house plans
. 19-foot house plans
. Resolution RZ02-22
~~
Nan S. Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
ExkjbiL IS
. .
UNOFFICIAL
ZONING AND PLANNING COMMISSION MINUTES
September 24, 2002
A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday,
September 24,2002, at 7:30 p.m. in the Council Chambers of Hopkins City Hall.
Present were Commission Members Ross Bartz, Kristi Halverson, John Szuba, Eric Rudolf,
Maureen Allen, Mary Hatcher and Jay Thompson.
Also present were City Planner Nancy Anderson and City Attorney Jerre Miller.
CALL TO ORDER
Mr. Thompson called the meeting to order at 7:30 p.m.
APPROVAL OF MINUTES
Ms. Hatcher moved and Mr. Szuba seconded the motion to approve the minutes of the August
27,2002, regular meeting. The motion was approved unanimously. '
CASE NO: VN02-3 VARIANCE - 245-1STH AVENUE NORTH
.
Ms. Anderson reviewed the request for the variance with the Commission. Curt Fretham, the
applicant, appeared before the Commission. Kathleen Kopeski of 251-18th Avenue North, the
property owner to the north, appeared before the Commission. Ms. Kopeski was against the
north sideyard variance and wanted an eight-foot setback. The Commission discussed various
options. Ms. Anderson told the Commission they could approve both sideyard variances, one
variance, none, or modify the applicant's request. The applicant is the owner of the property to
the south, and there will be an eight-foot setback on the north property line of the 40-foot lot.
The Commission discussed an eight-foot side yard setback on the north and a four-foot s~deyard
setback on the south.
Mr. Rudolph moved and Ms. Allen seconded a motion to adopt Resolution RZ02-22,
recommending approval of a four-foot side yard variance on the south property line to
construct a home on the 35-foot lot at 245_1Sth Avenue North. The motion was approved
unanimously.
CASE NO: VN02-4 VARIANCE 232 17TH AVENUE NORTH
Ms. Anderson reviewed the applicant's request. Tom Daughenbaugh, the applicant, appeared
before the Commission. Mr. Daughenbaugh stated that although he did not ask for the north
sideyard setback variance, he would like the Commission to consider the variance as
recommended by staff. Mr. Daughenbaugh stated that a wider home provides a better utilization
of the lot. The same square footage can be built with a narrow lot, but the home becomes a long
skinny house. Leon Duda appeared before the Commission. Mr. Duda stated that it would be a
Er:-h;~'I+ C-
...
UNOFFICIAL
MINUTES OF THE ZONING AND PLANNING MEETING
Page 2
mistake to allow a five-foot setback on the north side of the property. The Commission .
discussed various options for the setbacks.
Mr. Rudolph moved and Ms. Hatcher seconded a motion to adopt Resolution RZ02-23,
recommending approval of a four-foot side yard variance on the south property line to
construct a home on the 35-foot lot at 232-17th Avenue North. The motion was approved
unanimously.
Ms. Halverson moved and Ms. Hatcher seconded a motion to adjourn the meeting.
motion was approved unanimously. The meeting was adjourned at 8:35 p.m.
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ADJOURN
ATTEST:
Jay Thompson, Chair
The
MEMBERS
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.
A regular meeting pf the Hopkins City Council was held on October 1, 2002,
in the Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell 'and Council Members Brausen, Jens.en, and
Johnson. Council Member Rowan was absent. Also, present ~lte'1 staff
'1"
members Mielke, Genellie, Stadler, Kerrigan, Bot, Anderson, Elverum, an'd~{City
Attorney Jerre Miller. ' ,._
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CALL TO ORDER
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Mayor Maxwell called the meeting to order at 7:35 P:rD:. ",
II. OPEN AGENDA - PUBLIC COMMENTS AND.'G~NCERNS' .,
III. PROCLAMATION
1. Westbrooke Patio Homes Thank You for Property Excellence Award
from Multi-Housing Assoc.
,.,
!~ "
Strandness, appeared to Than~<~h,e City of Hopkins for the
over the past f.bie yeaJs to imp'rove the Westbrooke Patio
- "': ~'~', 3'-'~,,; '.
:-.:. ',. , <r:~;:i!~l
Doug Strandness thanked t~~e' Coul)9.i1 and$taff and said that the Association
won the coveted Matox Ayxard fQ/the best' Housing Association in the State
of Minnesota. ':: ,"
Pat' Butler, Doug
assistance given
Homes.
-.......
Pat Butler said that ~tlie~':~s~o9iatid~': ~as brought petitions and requests to the
Council over the j>8St five years for help in improving the properties. Ms.
Butler thanked th,Ei, Council and:;,staff for the help that was given.
IV. REPORTS - GCO{y1MITT6,ES/COMMISSIONS
1. Zoning a~~"Planning Commission
. . - ..." I'
T :-' , ...'.~ _ " <:-0 I'.', _
Jay Thomp,~on'-fejJ6rted for the Zoning and Planning Commission. The
CeJnmission>l:leard two requests for side-yard set back variances to build new
. \~:. '!..:' " , .... ..:'-1,
homes~'"", The-ZCbmmission recommended a four-foot variance on the sides'
~ f.~I-" ~T. . ~
where 'tA~~Lots adjoin and eight-foot set backs on the other sides of the lots.
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CO~~ENT AGENDA
, " ".
1- }'':-:':, ,,"'
""::'1:; 'Minutes of September 17, 2002 City Council Meeting
2. Minutes of September 24, 2002 City Council Work Session
October 1, 2002 City Council Meeting MiE X h. ; ~;t- /j
Page 1
\
3. Ratify Prior Month's Disbursements
4. Second Reading Vacation of Easement for Marketplace Lofts Project
(Memo)
5. Three Rivers Trail Maintenance Agreement (CR2002-1 54L
6. Approve Bid for Ice Resurfacer (CR2002-141)
~;:;,:: !
Council Member Jensen moved and Council Member Brausen seconded' a ' ;
motion to approve the Consent Agenda. A poll of the vot~::,:was:::a's~, fo,lJq~s:'
Council Member Brausen, aye; Council Member Jensen, aye; "~9unci(Memher
Johnson, aye; Mayor Maxwell, aye. The motion carried unanin1ol.;lsjy.
VI. NEW BUSINESS
,(I'fr,1 ~'.\,
Council Member Brausen recused himself beq~a~Use of a confliqu of interest,
having a situation that is similar to the variances that are' being requested.
Council Member Brausen left the table. "
J!<
1. Variance, 245 18th Ave N (CR2@02-157)
The applicant has recently purcha~'~d 245, 18'th;<A'~,e N. There are two lots;
one is forty feet wide, the other thfrty-five-,'feet. fllere is an existing home on
~ ' - ~
the lot that is thirty-five feet wid:~~, ,_,~"Fhat home is to be removed. The
applicant would like to build a;~new horci~ on the thirty-five foot wide lot and is
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requesting two three-foot}_side-yard va~iances. With the variance, the
applicant will be able to construct"a"twenty~flve foot wide home. Without the
variance, the home woulcr"I1~~ni~eteen feet wide. The new home would be
five feet from the property line.-;, The existing home is 4.8 feet from the
property line. They, wiii:be'co_nstru~t\Ag a home on the forty-foot lot also.
~ ~f"
The applicant, cti,~t Fretham, "came forward and stated that he would prefer
having five feet o'ri\, both sides':pf the home as opposed to eight feet on one
side and fotlr feet, 'on the, ->other side. Mr. Fretham said that he was
encouraged ~V the Zti'nin~l :;a~d Planning Commission to build single-family
homes as opposed to a duplex or zero lot line homes.
The CobhCil~ M~i-rib:e~s:,discussed presedent setting with the City Attorney.
. " r ~,L~..~
K~tht~~.R.> Ko-P~t~~.:v.:, 2.51 18th Ave N, came forward and said that they moved
their h'oiU~:._pn th-e'ir lot eighteen years ago and. that it is placed four feet from
:-" the propehYiline. The house currently existing on 245 is 4.8 feet from the
" ~prpperty lin~,). If a new home were to be built, they would like more space
- ~.... ... 1_,
lJet\yeen~t~beir home and the new home. Ms. Kopetsky requested that the .
CouncU:-adhere to the Zoning and Planning Commission recommendation.
October 1, 2002 City Council Meeting Minutes
Page 2
.
Mr. Wangyan, 227 18th Ave N, was concerned about the survey, the
placement of the lot line, and did not want to see a building on the lot next to
, .
him. He said that he would have appeared at the Zoning and Planning
Commission Meeting, but he had not received notice of the hearingti~, i
Council Members discussed the current set back requirements.
~'. ~
Kathryn Arlt, 223 18th Ave N, came forward and said that th~y aicbtotJeqeive
any notification of the variance request. Ms. Arlt felt that':'~11e new:' homes
would lower their property values. . ~':l~:;<~:'
, -:;..>p'
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Tom Daughenbaugli said that he is the owner of the pr6-perty acro~~ the alley
and that he has applied for a similar variance. I~Mtl~~tOaughen,q~ugh said that
the lots have always been there; they are alr.,~ady' platted; tJ:l:ere will be a
house on the lot. It is a matter of whether the house wilk be nineteen feet
'."'; '"~ ~~-
wide or twenty-four feet wide. He is the ow~~r of the forty-foot lot and has
already applied for the building permit. }hat Iih~'se requir~~' no variances and
will be started soon.
Mayor Maxwell said that he woLtld' like to se)3i. more consensuses on the
,,<'/
project.
. .,
- /-T,
Council Members discussed :the lack' ~t hardship and the spottiness of the
, " '1, t_ ~ J
notification. )~X" ,:.' ;,' "",'.""
"'<';".~ ,:'1;,
Rob Aldecocea, designe( ;'9f'..,--,:t,he new homes, spoke on behalf of Mr.
Daughenbaugh restatin.Q the Jd"i~~c,~,ssion and preferences of the Zoning and
Planning Commissi..~rt~~ Mr"?,~!.deco'c~.~~explained the hardship.
IJ ""...~
The applicant, Mr.., Fretham, s:aid that he would not mind meeting with the
. I~ . .
neighborhood residerts. ,.c'
. .~~,. i;
Council Memb~'r~"discLisseJj:,the notification and the possibility of sending the
application bacK .;!t~~..; the Zoning and Planning Commission after additional
notices., \f:Il,ere rpai,Jed.
"
In(,/~~ponse,,1~9, questions from Council Members, the applicant requested a
cori'tr~hance fo~,j:he October 15th regular meeting.
'C"~~'_~;\1, .I :::-rJ"
'''~-<~}f,
,';, Council M~riJber Johnson moved and Council Member Jensen seconded a
';:~ >m9tion to ~~ntinue the item to the October 15th regular City Council Meeting
and;i~,i~~.Sr.Erd staff to notify the neighborhood of the meeting and to work with '
the 'ai'PHcant to help establish a neighborhood meeting. A poll of the vote
October 1, 2002 City Council Meeting Minutes
Page 3
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was as follows: Cauncil Member Jensen, aye; Cauncil Member Johnsan, aye;
Mayor Maxwell, aye. The mation carried.
2. Variance 232 1 rh Ave N (CR2002-158)
The applicant has recently purchased 232 17th Ave N. There are two\"lbts;
.one is forty feet wide, the other thirty-five feet. There is an.,~xj,~ting home on'
the lat that is forty- feet wide. The applicant would like to 'b~i1d: "a :'ne:!t-( home
an the thirty-five foot wide lot and is req'uesting a faur-foat sic(e'-yard. varrclm:e.
The thirty-five foot lat is a lot of recard and is buildabl~. ':-:S:,:t .
,:1;,
Cauncil Members discussed the fact that there will De,' consider.ably more
footage between the proposed hames and the exrs;~ing ho'~es, on :these lots
than on the previous variance request. The applicant said that the Zoning and
Planning Commission recommended a. varia~~e of one f~~tPt mare than he
requested. .: ~ ~/
Council Member Johnson moved and Council M"ember Jensen seconded a
motion to adapt Resolution 2002-89,approvtng a four-foot side-yard variance
on the south property line to construct a home. " A poll of the vote was as
follows: Cauncil Member Jenser;ri,"aye; ~Ql:1ncil Member Johnson, aye; Mayor
Maxwell, nay. The motion carried;:
,', ,
Council Member Brausen re,turned ~q,th~:'ta_ble.
" <
" ..
3. First reading, '~br.~inance 2002-884, AmendinQ License Period
(CR2002-155) _"'"C,.
, \ .....- ~ I" _
_ ;,J ; ~;T -I~' ...
The current term :.af all Iics"ns:es is fr~m January 1st through December 31st,
and is set by section 1005.1 f-:af the City Code. The process for renewing
licenses begins in':'September ~";Id is completed in DecembeL The time frame
coincides with elections. Bo.tt:fprocesses require time and attention. The new
license period wauld begin tin July 1st and end on June 30th. The renewals for
2003 would be' Q!\\e-half year renewals ta June 30th and then full year
renew~ils);;to',Juoe,,3Qth,.::in, 2004.
. " ' f2:~~:",~;! '>
Cour.l~il M~rhher Brausen moved and Council Member Jahnson secanded a
motio;~,~W mO\"~':1;P adapt Ordinance 2002-884 for first reading. A poll of the
vote was:'"a"~ foll6ws: Council Member Brausen, aye; Council Member Jensen,
"~, aye; cou~hi~.Member Johnson, aye; Mayor Maxwell, aye. The mation carried
. :"lI[lanimousl~Y'I
.. :" ~ ~-:...' '- C,,; - ~ 1~;
,
_0',. _
October 1, 2002 City Council Meeting Minutes
Page 4
. :':J.
.
VIII. ADJOURNMENT
There being no further busines~, Council Member Brausen moved and Council
Member Jensen seconded a motion to adjourn the meeting. The me.lifting was
adjourned by unanimous consent at 9:20 p.m. ,~
Respectively Submitted,
~~,... , ~~,,'- ~
. ".'. - ,'-
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Terry Obermaier, City Clerk
~:r '
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COUNCIL MEMBERS;;!:!~:>"",
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ATTEST:
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Eugene J. Maxwell, Mayor "<' ',_,', '
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October 1, 2002 City Council Meeting Minutes
Page 5
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MILLER, STEINER & CURTISS, P.A.
.
ATTORNEYS AT LAW
400 WELLS FARGO BANK BUILDING
1011 FIRST STREET SOUTH
HOPKINS, MN 55343
JERRE A. MILLER
JEREMY S. STEINER *
WYNN CURTISS
KIRSTEN A. HOLSETH
oReal Property Law Specialist, certified
by the Minnesota State Bar Association
(952) 938-7835
FAX (952) 938-7670
Writer's Direct Line - 952-253-0071
June 27,2003
Mr. Christopher L. Koshire
Koepke & Daniels, P .A.
1100 One Financial Plaza
120 South Sixth Street
Minneapolis, MN 55402
BY FACSIMILE AND FIRST CLASS MAIL
Re: Curt Fretham - 245 18th Avenue North, Hopkins
Dear Mr. Koshire:
Our office represents the City of Hopkins and I am writing in response to your letter of June 24,2003, to
Hopkins Mayor Eugene Maxwell.
On May 27,2003, Hopkins conducted the first reading of an ordinance imposing a moratorium on the
construction of buildings on residential lots 40 feet wide and less (the "Moratorium"). The second reading
was held June 3,2003, at which time the ordinance was approved subject only to being published, which
was accomplished on June 12,2003.
First, with regard to your assertions that the City of Hopkins "has a bias" against your client and the
Moratorium is directed at your client specifically, that is not accurate. While it is true that your client's
particular circumstances were referred to in the ordinance resolution, neither he nor his circumstances were
the basis for the Moratorium. There are numerous similar properties in Hopkins. The City Council and
Hopkins staff determined that it was important to review the status of the regulations pertaining to those
properties. Mr. Fretham's property was included in the ordinance resolution as one example of those types
of properties and the issues raised by such properties. Numerous properties are impacted by the Moratorium,
not just Mr. Fretham's.
Second, I disagree with your assertion that the City was required to accept a building permit application for
Mr. Fretham's property before June 12,2003.
Contrary to the assertion in your letter, no such application for a building permit was submitted before June
12, 2003. Further, Mr. Kidder did not meet with Nancy Anderson on June 10,2003. Rather, Mr. Kidder
Hopciv\Fretham \Kos hireletter 1
contacted Ms. Anderson by telephone to ask about a building permit and was informed that the City of
Hopkins had approved the Moratorium. Mr. Kidder did not attempt to "file" a building permit application at
any time.
Even if Mr. Kidder had attempted to file a building permit application on June 10, 2003, the City would not
have been required to accept it. The Moratorium was approved by the City Council June 3, 2003. The City
was under no obligation to accept applications after the Moratorium was approved. Such an action would, in
fact, be counter to the City Council's express intent. In addition, merely filing the application would not
have meant it would have been approved at the time of filing. There are many requirements an applicant
must meet to receive a permit; it is not provided simply upon request. There is no indication Mr. Kidder
would have been entitled to the permit had he submitted the application June 10,2003.
The City acted appropriately in issuing the Moratorium and is not obligated to grant a building permit to
your client. Pursuant to the Moratorium, the City will not accept your client's application for a building
permit at this time. At the conclusion of the Moratorium, however, your client can submit an application
consistent with the regulations then applicable to properties like Mr. Fretham's.
Your letter to the Mayor requesting that the City Council "accept the building pennit application" at its July
1, 2003, meeting is not the appropriate manner in which to request that an item be placed before the
Council. There is an opportunity before each Council meeting for individuals to address the Council. That
would be the appropriate time to ask the full Council to consider your client's request. However, you should
be clear that the Council is not obligated to place the request on its agenda. At this time, the City's position
is that your client's request for a building permit has been denied.
If you have any questions or wish to discuss the matter further, please direct your communications to me .
rather than to Hopkins Councilor staff members.
Sincerely,
Wynn Curtiss
Assistant Hopkins City Attorney
cc: Eugene Maxwell, Hopkins Mayor
Steve Mielke, Hopkins City Manager
Nancy Anderson, Hopkins City Planner
H opciv\Fretham\Koshireletter 1