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CR 98-187 Amendment To CUP - Chapel View CITY Of: ~ I-iOPK\NS . November 25, 1998 Council Report 98-187 AiVIENDMENT TO CONDITIONAL USE PERMIT - CHAPEL VIEW Proposed Action. Staff recommends the following motion: Move to approve Resolution 98-83, approving an ~mendment to CUP98-2 to construct an addition to Chapel View. At the Zoning and Planning meeting, Mr. Brausen moved and Mr. Blair seconded a motion to approve Resolution RZ98-28, recommending approval of an amendment to CUP98-2 to construct an addition to Chapel View. The motion carried unanimously. Overview. The applicant, Chapel View, was granted a conditional use permit to construct an addition on the existing building located at 605 and 615 Minnetonka Mills Road. The previously approved addition was located on the south side of the existing building and will be used for a chapel. The lower level was to be used for physical therapy area. Since the approval, the plans have been modified. . Now the addition will be smaller and attached to the southwesterly side of the building along Minnetonka Mills. The addition will not create a closed courtyard, as the previous addition would have. The addition will still be used tor a chapel and physical therapy area. Primary Issues to Consider. . What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? . What are the specifics of the development? . What was the discussion at the Zoning and Planning Commission? SUDPortin2, Documents. . Analysis of Issues . Site plans . Resolution 98-83 ~~~m Nancy . Anderson, AICP . Planner -."- -- "-"- -- CR98-l86 Page 2 e Primary Issues to Consider. . What is the zoning and of the property, and how has the Comprehensive Plan designated the subject site? The subject site is zoned R-4, Medium High Density Multiple Family. The Comprehensive Plan has designated the site as High Density Residential. A nursing home is permitted in the residential districts. . What are the specifics of the site plan? Public Works The Public Works department has reviewed the preliminary plans and found them acceptable. Minnehaha Watershed District will have to approve the drainage and grading plans. Fire Marshal The Fire Marshal has reviewed the preliminary plans and found them acceptable. e Parking The parking areas will remain the same. Sidewalk The site plan shows a new sidewalk on the east side from Minnetonka Mills Road to the new addition. Access Vehicle access to the site will remain the same. Exter"ior The exterior is proposed to be brick There are accent brick lines above the windows. The roof will be a metal batten seam roof. Zoning Requirements The only setback that is affected is the sideyard setback The R-4 zoning district requires a . minimum of a IS-foot side yard setback The new addition will have more than the minimum IS-foot side yard setback. Building height is approximately 35 feet. The maximum height allowed in the R-4 zoning district is 45 feet. CR98-l86 Page 3 . Landscaping The landscape plan indicates landscaping on the entrance area of the chapel. The site is required to have two additional plantings. The landscaping plan indicates five trees of the required size will be planted. There are additional plantings around the south entry of the chapel. Surrounding uses Alice Smith School surrounds the site to the west, residential to the south, apartments and church to the north and residential to the east . What was the discussion at the Zoning and Planning Commission meeting? Ms. Anderson reviewed the proposed development with the Commission. Robert Huntley, representing Chapel View, appeared before the Commission. Mr. Huntley reviewed the addition with the Commission. The Commission discussed the use of the physical therapy area. Steve Fritzke of Chapel View stated that in the future they hope to open the physical therapy area to outside use. Carla Zofkin of Chapel View spoke at the public hearing. She stated that there would not be a great deal of outside people coming to physical therapy. It Alternatives. L Approve the amendment to the conditional use permit By approving the conditional use permit, the applicant will be able to construct the addition as proposed. ') Deny of the conditional use permit. By denying the conditional use permit, the applicant ~. will be able to construct the addition 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. . I I j/~\ i---"\9;13'';i:;f--~~_L_-\'\ _ :_-- '., ''('-' '\' " ,~;; \\ .~'--~'" \\. \ g~1.'" ,/ """"'"""" . , (\ ~ ' v \ "jf::i;, lIelleM. 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Hennepin County, Minnesota RESOLUTION NO: 98-83 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO CONSTRUCT AN ADDITION TO CHAPEL VIEW CARE CENTER WHEREAS, an application for Conditional Use Permit CUP98-12 has been made by Armstrong, Troseth, Skold, and Rydeen Inc.; WHEREAS, the procedural history of the application is as follows: 1- That Armstrong, Troseth, Skold and Rydeen Inc. made an application for a conditional use permit on November 9, 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 November 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: Par 1: That part of the West Half of the Northeast Quarter, Section 24, Township 117, Range 22, described as commencing at a point on the East line of said West Half of the Northeast Quarter distant 13] 2_12 feet South from the Northeast corner of said West Half of the Northeast Qual1er; thence West at a right angle to said East line a distance of 164.00 feet to the point of beginning; thence South at a right angle a distance of 179_78 feet; thence West at a right angle a distance of 84_00 feet; thence South at a right angle a distance of 220_63 feet, more or less to the Northerly line of the Minnetonka Mills Road; thence Northwesterly along the Northerly line of said road to a point 531.92 feet Northwesterly along said Northerly line from the East line of said West Half of the Northeast Qual1er; thence North, parallel with said East line, a distance of 295.30 feet, more or less, to a line drawn West at a right angle to said East line from the point of commencement; tllence East along the last mentioned right angle line a distance of 322_87 feet to the point of beginning_ Par 2: That part of the West Half of the Northeast Quarter; Section 24, Township 1] 7, Range 22, described as beginning at a point on the Northerly line of the Minnetonka Mills Road distant 531.92 feet Northwesterly along said N0I1herly line from the East line of said West Half of the Northeast Quat1er; thence North, parallel with said East line, a distance of 291.68 feet; thence Northwesterly, parallel with the Northerly line of said road a distance of 8_99 feet, more or less, to a line drawn West at a right angle to the East . line of said West Half of the Northeast Quarter from a point on said East line distant 1312_12 feet South from the Northeast corner of said West Half of the Not1heast Quarier; thence West along said right angle line a distance of 330_05 feet, more or less, to a line drawn South parallel with the West line of the Northeast Quarter of said Section 24, from a point on the North line of said N0I1heast Quarter distant 524_50 feet East from the -- -- -. ---" ---- - -- -- Northwest corner of said n0l1heast Quarter; thence South along the last mentioned . parallel line a distance of 150_00 feet, more or less, to the Northerly line of said road; thence Southeasterly along said Northerly line to the point of beginning. Subject to a 30 foot easement for driveway purposes over that part of the West Half of the Northeast Quarter, Section 24, Township 117, Range 22, described as beginning at a point on the Northerly line of the Minnetonka Mills Road distant 538.64 feet Northwesterly along said Northerly line from the East line of said West Half of the Northeast Quarter; thence Northwesterly along the Northerly line of said road a distance of 165 feet; thence North, deflecting to the right 66 degrees 15 minutes, a distance of 291.68 feet; thence Southeasterly, parallel with the Northerly line of said road, a distance of 165 feet to a line drawn north, parallel with the East line of said West Half of the Northeast Quarter, from the point of beginning; thence South along the last described parallel line a distance of 291.68 feet to the point of beginning; except that part of the above described tract ofland lying North of a line drawn West at a right angle to the East line of said West Half of the Northeast Quarter from a point on said East line distant 1312_12 feet South from the Northeast corner of said West half of the Northeast QUalier, the center line of said easement being described as commencing at the intersection of the Northerly line of Minnetonka Mills Road with the East line of the West Half of the Northeast Quarter of said Section 24; thence on an assumed bearing of Nol1h 66 degrees and 15 minutes West, along the Northerly line of said road, a distance of 684 feet to the point of beginning of the center line to be described; thence n011h 1 degree 23 minutes 50 seconds East a distance of 234_12 feet to the intersection with the North line of the above . described prope11y, as contained in Book 70 of Hennepin County Records, page 3864926_ (as to Par 2) Subject to a 25 foot easement for sanitary sewer, storm sewer and water main purposes over that part of the West Half of the Northeast Quarter, Section 24, Township 117, Range 22, described as beginning at a point on the Northerly line of the Minnetonka Mills Road distant 538.64 feet Northwesterly along said Northerly line from the East line of said West Half of the Northeast Quarter; thence Northwesterly along the Northerly line of said road a distance of 165 feet; thence North, deflecting to the right 66 degrees 15 minutes, a distance of 291.68 feet; thence Southeasterly, parallel with the Northerly line of said road, a distance of 165 feet to a line drawn north, parallel with the East line of said West Half of the Northeast Quarter, from the point of beginning; thence South along the last described parallel line a distance of291.68 feet to the point of beginning; except that part of the above described tract of land lying North of a line drawn West at a right angle to the East line of said West half of the Northeast Quarter from a point on said East line distant 1312_12 feet South from the Northeast corner of said West half of the Northeast Quarter, the center line of said easement being described as commencing at the intersection of the Northerly line of Minnetonka Mills Road with the East line of the West Half of the Northeast Quarter of said Section 24; thence on an assumed bearing of North 66 degrees and 15 minutes West, along the NOliherly line of said road, a distance of 667 feet to the point of beginning of the center line to be described; thence North 10 degrees and 0 minutes West a distance of 116 feet; thence north 35 degrees and 0 minutes East a distance of 154.62 feet to the intersection with the North line of the above . described propeI1y, as contained in Book 70 of Hennepin County Records, page 3864926; (as to Par 2) --.. - - _.- Subject to the restriction all that part of the West 1J2 of the Northeast Quarter of Section . 24, Township 117, Range 22, West of the 5th principal Meridian described as follows to- wit: Commencing at a point on the North line of said Northeast Quarter distant 524_5 feet East from the Northwest corner of said Northeast Quarter; thence South along a line parallel with the West line of said Northeast Quarter to the intersection with the Northerly line of Minnetonka Mills Road and the point of beginning of the land to be described, said parallel line to be hereinafter known as "Line A"; thence Southeasterly along the Northerly line of said road to a point distant 703_64 feet northwesterly from the East line of said West Half of the Northeast Quarter as measured along said Northerly road line; thence North making an angle Northwesterly of 66 degrees and 15 minutes with the Northerly line of said highway a distance of 291.68 feet; thence Northwesterly deflecting to the left 66 degrees 15 minutes to the intersection with the aforementioned "Line A"; thence South along said Line" A" to the point of beginning which lies South of a line drawn West at right angles to the East line of said West Half of the Northeast Quarter tram a point on said East Line distance 1312_12 feet South of the Northeast corner of said West Half of the Northeast Quarter shall be used only for parking lot purposes and reserving to Gethsmane Evangelical Lutheran Church of Hopkins, Minnesota the free use of said parking lot as a parking lot in conjunction with its church facilities as shown in deed Doc No_ 1004602, Files of Registrar of Titles; (as to Par 2) NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP98-12 is hereby approved based on the following Findings of Fact: . 1- That the proposed addition meets the requirements for a conditional use permit BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP98-l2 is hereby approved based on the following conditions: L That the Minnehaha Watershed District approves the development. Adopted thi s 1 st day of December, 1998_ Charles D_ Redepenning, Mayor ATTEST: Terry Obennaier, City Clerk . -.---- -- - -