CR 2003-131 Variance-Gas Station 1702 Mainstreet
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August 27, 2003
HOPKINS
Council Report 03-131
VARIANCE-GAS STATION 1702 MAINSTREET
Proposed Action. , .
Staff recommends the following motion: Move to adopt Resolution 03-76, denying a 14-
foot variance to construct a building for a gas station at 1702 Mainstreet.
At the Zoning and Planning meeting, Mr. Thompson moved and Ms. Halverson
seconded a motion to adopt Resolution RZ03-20, recommending denial of a 14-foot
variance to construct a building for a gas station at 1702 Mainstreet. The motion was
approved on a 3-2 vote. Mr. Paul and Mr. Sholtz voted nay. Mr. Hatlestad abstained
because he came late and was not present for all of the discussion.
Overview.
The applicant, Todd Beugen, is proposing to construct a gas station at 1702 Mainstreet.
The subject lot is currently an empty lot that was previously a gas station. A gas station
is allowed as a conditional use within the B-3 zoning district. The applicant is proposing
to construct a 2020-square-foot building in the southwest comer of the site and have
three gas pumps. The building as proposed will require a rear yard variance. The
applicant owns the property to the south of this property.
.
The building is required to have a 15- foot rear yard setback. The building as proposed
has a one-foot rear yard setback on the east side.
Primary Issues to Consider.
. What is the zoning of the property?
. What does the ordinance require for a rear yard setback?
· 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?
Supportio2: Documents.
. Analysis of Issues
. Site Plan
. Letter from Applicant
. Resolution 03-76
~~
Nancy . Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
.
CR03-131
Page 2
. Primary Issues to Consider.
. What is the zoning of the property?
The subject property is zoned B-3, General Industrial. A gas station is allowed as a
conditional use within the B-3 zoning district.
. What does the ordinance require for a rear yard setback?
The ordinance requires a 15-foot rear yard setback.
. What are the specifics of the applicant's request?
The applicant is requesting to construct the building one-foot from the rear property line
on the southeast side of the building.
. What special circumstances or hardship does the property.bave?
.
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 does not have an undue hardship that is unique to .the property.
The lot is vacant, square, and there is nothing unusual about it to find hardship to grant a
variance. The building can be moved to the north to provide the 15-foot setback.
. . What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed use and the applicant's request for a rear yard
setback variance. Todd Beugen, Barry Goldstein, John Kosmos, and Michael Kiefer
appeared before the Commission. There was a considerable discussion on the hardship
for the granting of the variance. The following are the main points discussed by the
applicants:
.
Neighborhood site
15-foot setback does not make sense for this site
Unique piece of property
Old building had junk behind it
Site to the west got a variance
Typically there is an alley in the back of lots along Mainstreet, this lot does not
have an alley
.
.
.
.
.
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CR03-131
Page 3
. Site is unique because of its limited accessibility
. Comer has auto-related function to it
. Need three gas pumps to make it work
. Had market study done, and comer would work for neighborhood convenience
store
. Cannot reduce building
. Gas station will complement use of the building to the south
Mr. Thompson spoke about the use of the site, and said if it were another use it would
not need a variance.
The Commission asked the applicant ifhe had thought of another use. The response was
that they are not in any other business.
Sam Bell, the owner of the building, to the west, appeared before the Commission. Mr.
Bell was in favor of the variance.
Mr. Hatlestad arrived at 7:25 p.m.
The Commission continued to discuss the use of the site and the hardship.
Alternatives.
.
1. Approve the variance. By approving of the variance, the applicant will be able to
construct the building as proposed. If the City Council considers this alternative,
findings of fact will have to be stated that support this recommendation.
2. Deny the variance. By denying the variance, the applicant will have to move the
building to comply with the ordinance or modify the building to comply with the
setback.
3. Continue for further information. If the City Council indicates that further
information is needed, the item should be continued.
.
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I.DTAREA: 12,1575r. (.2!ACIlES)
BUILDING AREAl 2,020 s.r. (17 ,. )
LANDSCAPE AREAs 1,7-" s.r. (t4 -=)
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DATA AND INFORMATION SHEET: T.B.G. Properties, Hopkins, MN
2of2
Building area:
Main Floor area 2,020 square feet.
Landscape: The proposed landscape plan incorporates the general guidelines
recommended by the City of Hopkins with one variation. The guidelines request
one (1) tree per fifty (50) feet of the property perimeter or one (1) tree per 1,000
square feet of building. The requirement would be either nine (9) or two (2) trees.
The proposed landscape plan recommends the installation of five (5) trees in place.
of the possible nine (9) trees if the more stringent code would be applied. I believe
the site works better with the five than if nine would be crowed on to the site.
Site Lighting: . -- The proposed site lighting will be directed away from both the
adjacent roadway and properties. Final layout will be available for city review prior
to installation.
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Variance information: The rear yard building setback variance request is for a one (1)
foot minimum setback at the southeast corner of the proposed building. The original
site was developed with a small sales building which was basically a cashier and
enough room for the sale of cigarettes and candy. While that use served a need at
one time that type of a facility is no longer viable in today's market. The city
requirements have also changed since the first development and with the additional
landscape requirements, stacking spaces and setback requirements the site has
had its build able area reduced considerably.
Today the setback requirements of a ten (10) foot landscape buffer at the front and
side yard adjacent to the street and a fifteen (15) foot building set back at the rear, .
consumes over twenty (20) percent of the lot depth. The requirement of the fifteen
(15) foot rear building set back severely restricts the use of the property. Both of
the adjacent properties have buildings located within inches of the property line.
The building to the west was previously granted a variance to construct a structure
which is within one (1) foot of the property line on the south which would be its rear
setback also. The reduced lot size, 12,200 square feet and the current setbacks
make this property very difficult to build on. The granting of a variance for this
property does not cause any undue hardship to the surrounding properties. The
granting of the variance will not require any additional services from the city.
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<K1JESGN 6112 EXCELSIO< BlYDoMINNEAFCtIS, MN. 55416 (952)922-322(
'. ,
CITY OF HOPKINS
Hennepin County, Minnesota
.
RESOLUTION NO: 03-76
RESOLUTION MAKING FINDINGS OF FACT AND
DENIING A REAR YARD V ARIANCE TO CONSTRUCT GAS STATION AT 1702
MAINSTREET
WHEREAS, an application for Variance VN03-5 has been made by Todd Beugen and
Barry Go1dstien; T.B.G. Properties; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN03-5 was made by Todd Beugen and
Barry Goldstien; T.B.G. Properties on July 25,2003;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
August 26, 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:
The north 122 feet of Lots 6 and 7 and the east 25 feet of Lot 5, Block 2,
Boulevard Manor Addition, Hennepin County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED that application for Variance VN03-5 IS
hereby denied based on the following Findings of Fact:
1. That the property does not have a hardship for the granting of the
vanance.
Adopted this 2nd day of September 2003.
ATTEST:
Eugene J. Maxwell, Mayor
. Terry Obermaier, City Clerk