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CR 2000-128 Variance-Supervalu , \ CITY OF . . ... _n . ~ : oj; ~ HOPKINS . July 27,2000 Council Report 2000-128 V ARlANCE-SUPERV ALU Pro Dosed Action. Staff recommends the following motion: Move to approve Resolution 2000-51. approving of a 9' 6" height variance for the new addition on the perishable site. At the Zoning and Planning meeting, Mr. Rowan moved and Mr. Bartz seconded a motion to. approve Resolution RZOO-5, recommending approval of a 9'6" height variance for the new addition on the perishable site. The motion was approved on a 5-0 vote.. Mr. Rudolph and Mr. Szuba abstained. Overview. The applicant, SuperValu, is proposing to construct an addition to the existing perishable building located at 715 Fifth Street South. The proposed building will be 44'6" feet in height. The zoning ordinance allows a maximum height of35 feet for industrial uses when abutting a residential zoning district. The site is unique because of its elevation. The expansion area will be built at the same elevation as the existing facility. . The site will be eight to 12 feet lower than the new . warehouse site to the east. Also the site will be lower than the abutting residential area. . The applicant has also applied for a conditional use permit, street vacation, and a subdivision approval to construct the proposed building. Primarv Issues to Consider, . What 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? . What was the discussion at the Zoning and Planning meeting? SUDDortine Documents. . Analysis ofIssues . Site Plan . Resolution 2000-51 ~~ Nanc . Anderson, AICP Planner Financial Impact: $ N/A . Budgeted: Y/N Source: - . Related Documents (eIP, ERP, etc.): Notes: ----'--------'.. ~ -- . CR2000-128 Page 2 . Primary Issues to Consider, . What is the zoning of the property? The subject property is zoned I-I, Industrial. . What does the ordinance require? The ordinance requires a maximum height of35 feet when abutting a residential district, .. What are the specifics of the applicant's request? The applicants are proposing to construct an addition to the existing perishable building located at 715 Fifth Street South. The height of the proposed building will be 44'6". . 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 ihe 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. The subject site is unique because ofthe elevation at which the proposed addition will be constructed. The applicant has minimized the impact on the residential area by having a berm and a fence along Fifth Street. Only a small part of the building will be visible from the residential area. . What was the discussion at the Zoning and Planning meeting? Staff reviewed the variance request. Sher Azizi of SuperVaIu appeared before the Commission. Mr. Azizi stated that because of the difference in elevation and the fence, only about 10-12 feet would be visible from the street. A resident expressed a concern that SuperValu was not suitable for the property. Alternatives. 1. Approve the variance. By approving the variance, the Applicant will be able to construct the building as proposed. . 2. Deny the variance. By denying the variance, the Applicant will not be able to construct the building at the height proposed. If the City Council considers this --~ - ----. ..:.._-- _.-- '" '" " ,. " " " " " ^ . c EXlSllNG I ~ ADDm~ 0 EllIJIPHEJIT CJ " I!. CJ CJ t '--' ~ ...............-. ~ - -=- r lN$lA..ATED HtTAl.. PANEL CIJUll> IIHITE: ~.- . INsulATED !ETA!. PAIn lE;VR1lOI'lIlPEllUIl'1IDlT ~ =IIHITE: - SCREEN DH NORTH L EAST SIDES EDUlPHENT PDmiOUSE w ""..... H llWill~~ PRECAST CllNCRETE PANEI....-1 COLtlRl 10 HATot EXISTING J ~. ~~~;.H= 3~~~VA TION " EOUlPI'ENT Pt:NTHOUSE $'m" or mEl. 39"4" L F'TL It'-r ""'" VNlES H Q) ~~(:~. ~~~~ A TI C II I I p B i < - . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2000-51 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A HEIGHT VARIANCE WHEREAS, an application for Variance VNOO-2 has been made by SuperValu; WHEREAS, the procedural history of the application is as follows: 1. That an application for a height variance was made by SuperValu on March 31, 2000; 2, That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on April 25, 2000; May 30, 2000; and July 25, 2000: all persons present were given an opportunity to be heard; . 3. That the written comments and analysis of City staff were considered; and 4. The legal description of the property is as follows: Parcell: Lots I, 2, 3, and 4, Block 39: Lots 1,2,3,4, 17, 18, 19,20,21,22,23, and 24, Block 52: That part of the West !hofvacated 9th Avenue lying between extensions across it of the Northwesterly line of Block 39 and the North line of Block 52; That part of the East ~ of vacated 101h A venue lying between extensions across it of the North and South lines of Block 52; That part of vacated Railway Boulevard lying between extensions across it of the centerline of 9th A venue and the north line of Block 52; That part of vacated 5th Street South lying between extensions across it of the West line of 9th Avenue and the Easterly line of Railway Boulevard; Lots 1,2,3,4,5,6,7,8,12,13,14,15,16,17,18,19, and 20, Block 53; That part of the vacated alley in Block 53 lying between extensions across it of the South line of Lot 15 and the Northwesterly line of Lot 20; ~ That part of the West 1/2 of the vacated alley in Block 53 lying between extensions across it of the South line of Lot 12 and the South line of Lot 15; That part of the West 1/2 of vacated lOth Avenue, lying between extensions across it of the South line of Lot 8, Block 53 and the North line of Block 52; . That part of the vacated Railway Boulevard lying between extensions across it of the East line of 11th Avenue and the North line of Block 52; All in WEST MINNEAPOLIS, according to the recorded plat thereof: Hennepin County, . - . . Minnesota. Parcel 2: Lots 5.6.7.8.9,13.14.15 and 16. Block 52. the vacated alley in Block 52 lying between extensions across it of the North and South lines of said Block and that part ofthe West Half of vacated 9th Avenue lying between extensions across it of the North and South lines of Block 52. aU in WEST MINNEAPOLIS. according to the recorded plat thereof, Hennepin County, Minnesota. Except those parts of the above described premises which lie Southerly and Southeasterly of a line described as follows: Beginning at the intersection of the centerline of 5th Street South and the centerline of 7th Avenue South as dedicated in the recorded plat of WEST MINNEAPOLIS; thence Westerly along the Westerly extension of the centerline of said 5th Street South, a distance of 127.00 feet; thence Westerly a distance of 576.03 feet along a tangential curve concave to the South, having a radius of 835.19 feet and a central angle of 39 degrees 31 minutes 00 seconds; then Southwesterly. a distance of 255.54 feet along a compound curve concave to the Southeast. having a radius of 563.48 feet and a central angle of 25 degrees. 59 minutes. on seconds; thence Southwesterly, tangent to the last described curve, a distance of 176.85 feet; thence Southwesterly, a distance of 209.78 feet along a tangential curve concave to the Northwest, having a radius of 183.69 feet and a central angle of 65 degrees. 26 minutes. 00 seconds and said line there terminating. . TRACT B: That part of Lot 7, AUDITOR'S SUBDIVISION NUMBER 195, Hennepin County, Minnesota, lying . Westerly of the Westerly right-of-way line of 7th Avenue South as dedicated in the recorded plat of WEST MINNEAPOLIS and its Northerly extension, except that part thereof which lies Southerly and Southeasterly of a line described as follows: Except those parts of the above described premises which lie Southerly and Southeasterly ofa line described as follows: Beginning at the intersection of the centerline of 5th Street South and the centerline of 7th Avenue South as dedicated in the recorded .plat of WEST MINNEAPOLIS; thence Westerly along the Westerly extension of the centerline of said 5th Street South, a distance of 127.00 feet; thence Westerly a distance of576.03 feet along a tangential curve concave to the South, having a radius of835.19 feet and a central angle of 39 degrees 31 minutes 00 seconds; thence Southwesterly. a distance of 255.54 feet along a compound curve concave to the Southeast. having a radius of 563.48 feet and a central angle of 25 degrees, 59 minutes. 00 seconds; thence Southwesterly. tangent to the last described curve. a distance of 176.85 feet; thence Southwesterly, a distance of 209.78 feet along a tangential curve concave to the N orthwes~ having a radius of 183.69 feet and a central angle of 65 degrees. 26 minutes. 00 seconds and said line there terminating. NOW, THEREFORE. BE IT RESOLVED that the application for Variance VN00-2 is hereby approved based on the following Findings of Fact: 1. That the majority of the site is surrounded by industrially zoned land. . 2. That the impact to the residential neighborhood is minimized by the berm. screened fence and the large setback from the residential neighborhood. ".. ... ... ~ . BE IT FURTHER RESOLVED that application for Variance VNOO-2for a 9' 6" height variance is hereby approved subject to the following conditions: 1. That the conditional use permit is granted and the applicant satisfies all conditions and requirements for such conditional use permit. 2. That the Applicant satisfies all conditions and requirements for and obtains final approval of the plat of the subject property. 3. That the vacation of Sixth A venue is completed. Adopted this 2nd day of August 2000. Eugene 1. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk . .