CR 99-63 Variance-Duffs Auto Sales
CITY Or-
~
HOPKINS
e April 31, 1999 Council Report 99-63
V ARIANCE--DUFF'S AUTO SALES
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 99-26, denying a
variance to allow for a one-foot rear yard setback at 1714 Mainstreet.
At the Zoning and Planning meeting, Mr. Blair moved and Mrs. Boen seconded a motion to
approve Resolution RZ99-2, recommending denial of the variance. The motion was
approved on a 4-1 vote, Mr. Brausen voting nay.
Overview.
In 1992 Duffs Auto Sales received a conditional use permit to operate an auto sales lot at
1714 Mainstreet. Carl Hanson would now like to construct an addition to the existing
building. The zoning ordinance requires a 15-foot rear yard setback in the B-3 zoning
district. The applicant is proposing a one-foot setback. The proposed addition would be
used for auto repair.
. The property addition will be 24' x 29' and located on the south side of the existing building.
The addition will be constructed of masonry block.
Pr'imar'Y Issues to Consider.
. What is the zoning of the property?
. What is the required rear yard setback?
. What special circumstances or hardship does the property have?
. Does the applicant have reasonable use of the property?
. What is the staff recommendation?
. What was the discussion at the Zoning and Planning meeting?
SllPportin2 Documents.
. Analysis of issues
. Site plan
. Ordinance requirements
. Letter from applicant
. Resolution 99-26
e
-..
CR99-63
Page 2
. Primary Issues to Consider.
. What is the zoning of the property?
The subject property is zoned B-3, General Business.
. What is the required rear yard setback?
The rear yard setback for a building in the B-3 zoning district is 15 feet. The applicant is
proposing a one-foot setback.
. 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 or variation from its provisions 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.
e Tn this case the subject property has no undue hardship. There is nothing unique to the
applicant's property; the property is a rectangular lot. The subject property has no undue
hardship for the granting of the variance.
. Does the al)plicant have reasonable use of the property?
The applicant has been using the property as an auto sales lot for many years and could
continue to use it without the addition.
. What is the stafT recommendation?
Staff would recommend denial of the addition. This recommendation is based on the fact
that the propel1y does not have a hardship for the granting of the variance.
. What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the variance request with the Commission. Carl Hanson, the
applicant, appeared before the Commission. Mr. Hanson stated that the back of the lot is
dead space and that he has put a lot of money into the building. He also stated that he was
trying to improve the property and the addition would not hurt anyone. The Commission
asked Mr. Miller about finding for the variance. Mr. Miller stated that the Commission must
e find a hardship unique to the property and in this case it would be difficult to find a hardship.
~
CR99-63
Page J
.
Alternatives.
1. Approve the variance. By approving the variance, the applicant will be able to construct
the addition as proposed. If the City Council chooses 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 not be able to construct
the addition as proposed.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
e
e
. ('
I ., ;:] - n A , "1' '>...__1 ',- H T C' -, ~ -;-
., .,. -PC' _.r U 1/, _ .. ~ 'T I () \ ~"_', , "'"
--' , '~', '"--' " , r. I I i I: ' , " II ! 'f
--- ---. - -, - \ "'"'""t'. c ..
." ~ -~ i....J.,~}~ih, ".... , J \
'.' " ! t. -' -. -" _"0 ~ :
- ! f i - ~- '" \ i
I ..1j) "+! \ I i f I
' ~ f', i-.e: ~ ~ p, ," c", L
\ I! 1. - ..' L', "'~
I \ I,! I i..,-] ~ ~ "~, L
I I j ! L- ~ L
. \ I I I
f ~ ",I '-J,: 1-=';-,'::-," I, 0 I ,I II 'j
if' -' ,~'" n' - 'I I:
\ 0 _ '" .1 I..
4 I~, I' II '''':: f A
"f~tl-' __or ~_. ~;
-r" I I ~.J r, , . \ cr-, I I ~r, T
' ! -:: 1- . Cj tl , ' , '" '- I 8', J . J '_11 ::' -~ I _ I"~
.. -"..' + .. I ,.J ) , ' ,
' . 'n \ .. '-.l ~
(~ -:c , i' n h ,~, ,'j -, t t'':'!" i ,?:
.'.. ~ ~'.. <C.J 7' -, ~ q : c. I) t ,:;-,
,- 'I' ~ '" "'" ,J, , r t, " I" " t
..~ I '!'-, ~';~~L-~'----~,~f' T; /' /'/(/'/,' )/ / // ~/f-",--,~~)
- , = I r . ..:"". I.' '. /t ==, I I
',' , . ~ I .~ : ['/ / ! ,-. I:
- , I'~' I
- . I ~ _
l j / /"-'l ~~' I
1/ I" If'
f' ~ 6
i cj / ~,/,I I I
I r I~ ~,I . i 1
'/ I /1 I
I. I) ,: .
. 1/ -- /! -'J I
I I k ,1 ~ I , I
f I 1./ . /: f: '-'-'
~/ ~ r j ~ ~
I . ,/j i (C,
o i / I / I I : .;;, 0
' r ,
-------.... ~ I / /"1 ,+:, (""\
----- I :~ v I.: 1[<":"":
~> /. 1, I c, 'I ::.r, -' ,.,
.....-1 t I r-- '....L _
' ; "- I . n n I l!- ~ ~ ~. ! I ~.,J n
I +, ' r ,., '--" ~,~ , '- /I f I -
i 'j '-' , I ~ . I i
. ~ ~- ! ~: .~./ A l.J T 0 I / j i (j)
- ( r/' SALES f ,,1 Ii
J' I / . i ...<, """, - / i r',L
--- I "_"'~\.-_' ~:r I ~.~
<. ' t..... ;- I ,- . . ,"', ...., ... '-, I J: ~ ,~, ....
I I , C L, L v - :. -' I .., -I /! L r:-.
J' " I / Jr' ~ " -,
.J ,..... .. i ~ .
r' /1 I _ /~
; i 1/ 1 /1 II n -I,' .L---~
' I ~,/. I I' ,-. -=- i:>. /'
I , I " //1 i r- IL-.:>.,.-'--
I : \/ .' i r '.
I ~, r I '1 J- ' , ,.r---
~ -,-.r ,'CCT[""....-J , / / I t.J _~' I ~ ,....., A
I '- "- "'-'" '- "- -! V I J t . , ( ~ ;....J.,
'I j \", ;" , i Lj t / f / I .1.. r-~ <f------ C' ~-;, . ~
\ f : r '/\=" --...,j;J..1
! t i ,. /1.., ~ ,,- ,_, 'c. ~ ~'., .
I I .~ V' / ' ' /. r, / / " ./ 1'_ , _'.. _ .,
I -, /~-'-.'_' . ./ i ~
\ ',- / / / A' / / ,-:,~'l ~ ~_~ _
\ ~----------'------------o, . ~i-"""" ....
'\ J " .;,1- <.3: . /' -~' :: 0 , '
I ' 'I I - S
\ ! '.') I' .. i
\ 'i ;"-- -- , ,,_ i~ .,~: I
" , - - , --- ~ I '-' , ','i !
i l ',' , -',4---:--- ---- ..' '" -'-~-;-<-..-.---':~..,~; f =- ,',
\ : . I I,.' ~ . r .~' ~ -- .
It! I '-, I ~ ~~ ~
I, I · '7: !: j
\ . '- ~::-
i I '" ~
\ ! f... ['-- l
~ j I i
I ~!
\ ! f ' - , t
! r .. i j : f
\ · ,I .. - " - L -~j.'
e f ,..1," __ _, ,. ,
!:- c.. - . _- -------------------=--~~___.:_c - _ /
...... \ ,., : i '" - r -~-t, _,: ~,' I ./
\ . I _ ---t _ ________ ~ '.... .
~ I ~-~~ ~----'--_ -:r-- ! \, ,'_ ,_ ,~, . 1
j I - - , ,~- - - ._~ ,----~ ~,.- ~- 'f' - ----,-, ~~-:==3 ~ ,. _
t---.i' ~--..::~-------- _ I ' '," ~---'_.-._._-~.~-~~'-"" ~-=-"--", ~,~'_
' , ~
~ .....----:l\-.. " --
l ~ ./ .r 7 /' /.r / i -!':; I. --I -1
///// "// /1
7 / / / _;; ~ ,I A ,ii \l.t ~ - /\
/ '-- C- RI--,-lll '+1 vv " I
.
TO: CITY OF HOPKINS
RE: SUPPLEMENTAL DATA FOR VARIANCE
SECTION BJ{PROJ-ECT INFORMA nON),
ITEM #3
I BELIEVE THAT STRICT ENFORCEMENT OF THE ORDINANCE
WOULD DENY-REASONABL-E -tfSE -0FMY PROPERTY. BY
GRANTING ME A MINOR VARIANCE, (REAR LOT SETBACK), AND
ALLOWING -ME- TO BUILD THE ADDITION AS-PROPOSED, .~ -WOIJL-D
STill REMAIN SEVERAL FEET FURTHER FROM MY PROPERTY
LINE THAN-ABJACENT -PROPERPf~HAT -FRONTS-ON 17th-AVE.
I BELIEVE THAT ALLOWING ADJACENT PROPERTY OWNERS
TO BUILD WITHIN 1 F00T-GF-MY-PRGPERTY -LINE -ANO-DEN-YING
ME A VARIANCE TO BUILD SEVERAL FEET FURTHER AWAY IS PLACING
UNDUE HARDSHIP UPON-ME.
THE PROPOSED ADDITION WOULD ATTACH TO THE REAR OF THE
e EXISTING SlRUCTURE, AND WOUl-D-BE -VIRl'-ttAl-LVtNVIStBLE TO
TRAFFIC ON MAIN STREET AND NEIGHBORING BUSINESSES. THE
PURPOSE-OF THiS ABOI-TION 15 TO -LOWER -MY-OPERA l"JNG-COS"fS-BY
BEING ABLE TO PERFORM WORK IN HOUSE ON INVENTORY THAT
PRESENTL -y.tSBEING-SENT-QtJT AT -RATES-VARYING -FROM $50.00 TO
$80.00 PER HOUR.
TIiANKVOU,
_.-7 ~..
/?~A ~ // W~~~
.- .', ,"/; -
/' DUFF HANSON
PRESIDENT
DUFF'S ENTERPRISES INC.
e
4.J
~
. ':J
~
...
~
"-
..
~
X 931.6
FRONT YARD FRONT YARD 927.9
a-
X
0
0
Hopkins City Code ( Zoning) 535.03
(Revised 10-15-96)
535.03. Conditional use requirements. Subdivision 1. The requirement of a
. conditional use permit in connection with any use in any B district is indicated in
subsection 535.01 by appropriate capital letter (A, B, e etc.), which letters refer
to the appropriate paragraph in this subsection bearing the same capital letter.
Subd. 2. Conditional uses within B districts.
A) Auto sales including sales lot and major auto repair provided:
l. the sales lot shall not be larger in square footage than the
square footage of the building devoted to the related business;
2. a 20 foot front yard setback in which there shall be no auto
parking. Within this 20 foot setback there shall be a permanent
barrier of landscaping. (Amended Ord. 90-672) (Amended Ord. 94-747)
3. lighting of the sales lot shall be totally from indirect
lighting;
4. should the lot abut an R district an acceptable design of
screening fence five feet in height shall be constructed along the
abutting lot line;
5. the auto sales lot shall not include vehicles over a 9,000
lb. rated weight;
6. no vehicles which are unlicensed and/or inoperative shall be
stored on the premises; (Added Ord. 96-787)
. 7. all repair, assembly, disassembly or maintenance of vehicles
shall occur within a closed building except minor maintenance, including
tire inflation, adding oil and wiper replacement; (Added Ord. 96-.787)
8. no outside storage or display except vehicles for sale or
rent; (Added Ord. 96-787)
9. no public address system; (Added Ord. 96-787)
10. no test driving of vehicles on local residential sLreets.
(Added Ord. 96-787)
B) Anno ry , auditorium or exhibit hall in the B-2 business zone provided:
l. it is an accessory use to an existing permitted business;
2. one off-street loading dock is provided and in the B-3
business zone;
3. the facility has frontage on a major thoroughfare as shown
on the adopted thoroughfare plan;
4. has one parking space for each five seats of rated capacity;
5. has an off-street loading dock for the first 5,000 sq. ft.
and another for each additional 10,000 sq. ft. up to three docks;
6. has an off-street traffic design for dropping off and
picking up pedestrians outside of the required yards and public
. right-of-way;
7. all frontage on a public street shall be considered as front
yard.
Section 535 Page 5
-- -
Hopkins City Code (Zoning l 535.01, Subd. 3, 97
(Revised 10-15-96)
. PERMITTED USES B-1 B-2 B-3
98. Stationary - card shop X X (2lXJ
99. Stone monument sales X
100. Tailoring X X
10I. Taxidermist X
102. Taxi terminal X
103. Theater - non-drive-in X X
104. Tires - battery, accessory & recap X
105. Trade school (llX X
106. Truck - trailer sales (2lXAA
107. Variety stores X
108. veterinary clinic X X
109. Video - sales, rental X X
110. Warehouse - 16,000 sq. ft. maximum X
AREA AND YARD LIMITATIONS
Uses permitted in any B district category subject to the following minimum
floor and lot area, lot widths, yard requirements, and building heights, in feet.
B-1 B-2 B-3
. Lot area - sq. ft. 5,000 - 3,000
Lot width - ft. 50 20 25
Floor area requirement - F.A.R. 1.0 6 1.5
Front yard 20 1 1 -
Front yard - P.U.D. 20
Side yard 10 0 0
Rear yard 10 10 15
Requirements for lots fronting state
and county roads, as follows:
Front yard 20
Side yard 10
Building height 25
Front yard of B lots abutting
R district 1/2 of the required R district
Side yard abutting R district same as R district
Rear yard abutting R district same as R district
Rear yard from alley 20 10 15
Building height 25 70 45
.
Section 535 Page 4
-----
CITY OF HOPKINS
. Hennepin County, Minnesota
RESOLUTION NO: 99-26
RESOLUTION MAKING FINDINGS OF FACT DENYING
A SETBACK VARIANCE AT 1714 MAINSTREET
WHEREAS, an application for Variance VN99-1 has been made by Carl Hanson;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a setback variance was made by Carl Hanson on March 5,
1999;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice,
held a meeting on the application and reviewed such application on March 30,
1999: 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:
. The north 102 feet of Lots 3 and 4. The north 102 feet of Lot 5 except the east 2
feet of said Lot 5: all in Block 2, in "Boulevard Manor Addition", according to
the plat thereof on file of record in the office of the Registrar of Titles in and for
said County, Hennepin County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED that the application for Variance VN99-1 is hereby
denied based on the following Findings of Fact:
1. That the lot does not have a hardship to grant a variance.
2. That the applicant has reasonable use of the property without the variance.
Adopted this 6th day of April, 1999.
Charles D. Redepenning, Mayor
ATTEST:
. Terry Obermaier, City Clerk