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CR 99-64 Conditional Use Permit-Religious Institution CITY OF ~ HOPKINS . March 31, 1999 Council Report 99-64 CONDITIONAL USE PERMIT - RELIGIOUS INSTITUTION Proposed Action. Staff recommends the following motion: Move to approve Resolution 99-27, approving a religious institution at 9080 Excelsior Boulevard. At the Zoning and Planning meeting, Mr. Brausen moved and Mrs. Boen seconded a motion to approve Resolution RZ99-3, recommending approval of a church at 9080 Excelsior Blvd. The motion carried unanimously. Overview. The applicant, David Dolezal, is proposing to open a small church at 9080 Excelsior Boulevard. Religious institutions are allowed within the B-3 zoning district with a conditional use permit. The church will be in an existing building. The church is proposed to have 32 seats. . There are several other uses on the site that are at this time storage and warehouse. The building inspection department has reviewed the proposed use, and the applicant is in the process of completing the necessary improvements. Primary Issues to Consider. . What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? . What are the requirements for religious institutions? . What are the specifics of the church? . What was the discussion at the Zoning and Planning meeting? SUDDortilll! Documents. . Analysis oflssues . Site Plans . Resolution 99-27 e allOrrrJollDU"" Nancy . Anderson, AICP Planner CR99-64 Page 2 . Primary Issues to Consider. . What is the zoning and of the property, and how has the Comprehensive Plan designated the subject site? The property is zoned B-3, General Business. The Comprehensive Plan has designated the site as commercial. The proposed use complies with both of these criteria. . What are the requirements for religious institutions? 1. That there shall be no permanent or temporary living units on the property except for the parsonage. 2. That there is adequate screening or buffering provided from abutting residential districts. 3. That there are adequate off-street loading and service entrances as detailed in Section 550.09. 4. That there shall be no religious institution within 350 feet of an off-sale or on-sale liquor establishment. 5. That there shall be no religious institution within 350 feet of an adult-oriented business. e 6. That the building occupying the religious institution shall meet the building occupancy codes. 7. That a religious institution located in the B-3 district shall comply with the parking requirements of Section 550.05. The proposed religious institution meets the above requirements. Staff is adding a condition to the resolution, that if the church expands in square footage, the conditional use permit will be reviewed by the Planning Commission. . What are the specifics of the church? Building Code The applicant has been working with the building inspector to conform to the code required for this type of use. The applicant will be able to meet all the required internal improvements. Parking The site plan indicates 45 spaces on the site. The applicant's use requires 10 parking spaces. The other uses on the site require 19 spaces. . - -- -- -- CR99-64 Page 3 . Access Access to the site is from Excelsior Boulevard; the access will remain the same. Traffic Because the church is small, at this time the traffic on Sunday morning will not impact Excelsior Boulevard. lfthe church does expand, staff is recommending that a traffic study be completed at that time to assure the City that Excelsior Boulevard will be able to function with a larger church. Surrounding uses The site is surrounded by industrial uses to the north and west and business uses to the east and south. . What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the proposed church with the Commission. Dave Dolezal, the applicant, appeared before the Commission. Mr. Dolezal stated the building would be used . almost always on the weekend and if they had a banquet or similar event, it would be held at a hotel. No one appeared at the meeting regarding this item. Alternatives. 1. Approve the conditional use permit. By approving of the conditional use permit, the applicant will be able to operate a church at 9080 Excelsior Boulevard. 2. Deny the conditional use permit. By denying the conditional use permit, the applicant will not be able to operate a church at 9080 Excelsior Boulevard as proposed. if the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. lfthe City Council indicates that further information is needed, the item should be continued. . - - - -. - --- "' .....-r- (1',""'" ~ ~ ,~~~ .".,~.,.~- \ =-"\ ~.". '''2-. \.,J. 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Hennepin County, Minnesota RESOLUTION NO: 99-27 RESOLUTION MAKING FINDINGS OF FACT APPROVING A CONDITIONAL USE PERMIT TO OPERATE A RELIGIOUS INSITUTION WHEREAS, an application for Conditional Use Permit CUP99-1, has been made by David Dolezal; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by David Dolezal on February 26, 1999; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing 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. A legal description of the subject property is as follows: e Block 15 and Lots 6 and 7 of Block 16, West Minneapolis Center, according to the plat thereof on file or ofrecord in the office of the Register of Deeds in and for said Hennepin County. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP99-1 is hereby approved based on the following Findings of Fact: 1. That the proposed use meets the requirements for a conditional use permit. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP99-1is hereby approved based on the follOWing conditions: 1. That if the square footage of the church expands, the conditional use permit will be reviewed by the Planning Commission. 2. That if the square footage of the church expands, a traffic study may be required to be completed. Adopted this 6th day of April, 1999. Charles D. Redepenning, Mayor ATTEST: . Terry Obermaier, City Clerk