CR 98-36 Conditional Use Permit-914 MainstreetFebruary 25, 1998
Nancy 4 Anderson, MCP
Planner
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° P K X Council Report 98 -36
CONDITIONAL USE PERMIT -914 MAINSTREET
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 98 -13, approving a
conditional use permit to construct an awning at 914 Mainstreet.
At the Zoning and Planning meeting, Mr. Schumacher moved and Mr. Gross seconded a
motion to approve a conditional use permit to construct an awning at 914 Mainstreet. The
motion was approved unanimously.
Overview.
The applicant, David Carlson, is proposing to construct an awning over the public
right -of -way at 914 Mainstreet. The building at 914 Mainstreet is experiencing water
problems in the basement, and it is hoped that the awning will prevent water in the basement.
The awning will extend across the front of the building and will be permanent throughout the
year.
The ordinance requires a conditional use permit for awnings that extend over the public
right -of -way.
Primary Issues to Consider.
o What does the ordinance require?
o What are the specifics of the awning?
o What is the Public Works recommendation?
o What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
o Analysis of issues
o Proposed awning plans
o Resolution 98 -13
Primary Issues to Consider.
o What does the ordinance require?
CR98 -36
Page 2
570.35. Canopies, marquees and fixed awnings. Canopies, marquees and fixed awnings
are an integral part of the structure to which they are attached. If they project into the
required yard or public right -of -way, a conditional use permit is required, provided:
a) an awning, canopy or marquee may not project into the public right -of -way
nearer than 30 inches to the street curb or curb line;
b) awnings, canopies or marquees may have no part of the structure other than
supports nearer the ground surface than seven feet;
c) the architectural style of the awning, canopy or marquee may be consistent
with the building being served;
d) awnings, canopies or marquees projecting into the required yards may not be
enclosed except with a transparent material permitting through vision; and
e) awnings, canopies or marquees built over the public right -of -way must be
included in a liability insurance policy holding the city free of all responsibility.
o What are the specifics of the awning?
The proposed awning will be approximately 24 feet wide and six feet high The applicant has
submitted specifications that indicate the awning will be 48 inches from the building and eight
feet in height from the sidewalk With a 48 -inch projecting awning, the awning will be 64
inches from the curb. The awning will be made of a heavy fabric.
o What is the Public Works recommendation?
The Public Works department has reviewed the proposed awning and found it acceptable.
o What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed awning. David Carlson, the applicant, appeared before
the Commission. Mr. Carlson stated that the owner of the building wants to use the basement
but is having water problems. Mr. Carlson thinks the awning would solve the water problem
in the basement. The Commission asked Mr. Carlson if there would be a sign on the awning.
Mr. Carlson said he did not know, that would be up to the building owner. Ms. Anderson
stated that any signage would have to meet the sign ordinance.
Alternatives.
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Page 3
1. Approve the conditional use permit to construct an awning at 914 Mainstreet. By
approving the conditional use permit to construct an awning, the applicant will be able to
construct the awning as proposed.
2. Deny the conditional use permit to construct an awning at 914 Mainstreet. By denying the
conditional use permit to construct an awning, the applicant will not be able to construct
the awning as proposed. If the City Council considers this alternative, findings will have
to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
Adopted this 3rd day of March, 1998.
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 98 -13
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A CONDITIONAL USE PERMIT
TO CONSTRUCT AN AWNING
WHEREAS, an application for Conditional Use Permit CUP98 -1 has been made by David
Carlson;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a conditional use permit was made by David Carlson on January 7,
1998;
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 February
24, 1998: 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:
East 28 feet of Lot 3, Block 5, West Minneapolis
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit
CUP98 -1 is hereby approved based on the following Findings of Fact:
1. That the proposed awning meets the requirements for a conditional use permit.
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP98 -1 is hereby
approved based on the following conditions:
That the building owner provide the City with a liability insurance policy holding the City
free of all responsibility.
By
Charles D. Redepenning, Mayor
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