CR 95-76 Variance - Rapid Oil Change
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e April 27, 1995 ~ Council Report 95-76
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V ARIANCE--RAPID OIL CHANGE
ProDosed Action.
Staff recommends the following motion: Move to approve Resolution 95-32 approving a
ten-foot setback variance for the Rapid Oil Change building to be constructed at 1124 East
Excelsior Avenue.
At the Zoning and Planning meeting, Mr, Hutchison moved and Mr. Gullickson seconded a
motion to approve Resolution RZ95-11 recommending approval of a ten-foot side yard
setback variance for the Rapid Oil Change building to be constructed at 1124 East Excelsior
Avenue. The motion carried unanimously,
Overview.
Rapid Oil Change is proposing to construct a new building at their present location at 1124
Excelsior Avenue. Rapid Oil has applied for a conditional use permit to construct this
building. Because of the anticipated future improvements to County Road 3, an additional 30
e feet of right-of-way is proposed be taken from the north side of the site, With this taking
there is only a small area upon which a new building could be constructed. Rapid Oil has
designed their new building with the additional right-of-way taken, except for the southerly
side yard setback,
The site is required to have a ten-foot southerly side yard setback. The applicant is requesting
a zero setback. Blake School, the property owner of the site and the abutting property, does
not oppose the variance.
Primarv Issues to Consider,
0 What does the Zoning Ordinance require for a setback?
0 What special circumstances or hardship does the property have?
0 What is the Staff recommendation?
0 What occurred at the Zoning and Planning meeting?
SUDDortine: Documents,
0 Analysis ofIssues
0 Site Plan
0 Resolution 95-32
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Nancy ~ Anderson, AICP
Planner
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CR95- 76
Page 2
. Primary Issues to Consider.
0 What does the Zoning Ordinance require for a setback?
The Zoning Ordinance requires a ten foot sideyard setback on the north and south side yards.
The proposed building will have a ten foot sideyard setback on the north side and a zero side
yard setback on the south side.
0 What special circumstances or hardship does the property have?
The special circumstance and hardship with this site are the 30 feet of additional right-of-way
that will be taken for a right turn lane when County Road 3 is upgraded. The applicant could
construct the building without a variance, but when County Road 3 is upgraded the building
may have to be removed or the side yard setback on County Road 3 would be less than the
required setback. The applicant and the staff discussed various ways of constructing a new
building and determined that the proposed location of the building would be the most logical
based on future upgrading of County Road 3,
0 What is the Staff recommendation?
Staff would recommend that the applicant is granted the variance. There are two other
alternatives for the construction of the building without a variance. These alternatives are the
e following.
0 Construct the building with the current setbacks. This could require the
removal of the building when County Road 3 is upgraded.
0 Construction the building with a ten-foot south side yard setback. With this
alternative, when County Road 3 is upgraded, there will be no setback along
County Road 3.
The Staff feels that because the southerly side yard setback will have no significant impact, the
building should be setback as far on the site as possible to provide a larger green space along
County Road 3.
0 What occurred at the Zoning and Planning meeting?
Staff reviewed that a variance will be needed because the County Road 3 improvements will
require an additional 30 feet. Staff noted that a building could be constructed without a
variance, but the building may have to be removed when County Road 3 is improved. No one
came forward to speak on this issue.
Alternatives,
e 1. Approve the setback 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 as proposed. However, the applicant will be able to construct the building, but in
the future, when County Road 3 is improved, the building may have to be removed, If the
CR95-76
Page 3
e City Council recommends this alternative, findings of fact wi11 have to be stated that
support this recommendation.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
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e CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 95-32
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SIDE YARD VARIANCE
TO CONSTRUCT RAPID OIL CHANGE
WHEREAS, an application for Conditional Use Permit VN95-1 made by Valvoline Instant Oil
Change to construct a new Rapid Oil Change building at 1124 East Excelsior Avenue is approved.
WHEREAS, the procedural history of the application is as follows,
1. That an application for Variance VN95-1 was filed with the City of Hopkins on March
27, 1995.
2. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a
meeting on the application and reviewed such application on April 25, 1995.
e 3. That the written comments and analysis of the City Staff and the Planning Commission
were considered.
4. A legal description of the subject property is as follows.
The Easterly 660 feet of the Northerly 66 feet of the Southwest quarter of the Southeast
quarter of Section 19, and all that part of the Northwest quarter of the Southeast quarter
of said Section lying South of Excelsior A venue excepting the Westerly 30 feet thereof,
and excepting also the following described premises, to-wit: Beginning at a point on the
Southerly line of Excelsior Avenue in the Village of West Minneapolis, Minnesota which
point is distant 439 feet Southwesterly, measured along said Southerly line of Excelsior
Avenue from its intersection with the East line of said Northwest quarter of Southeast
quarter of Section 19; thence Southwesterly along said Southerly line of Excelsior
Avenue 143.45 feet; thence Southerly making an angle to the left from said last described
line of 80 degrees and 20 minutes, a distance of 290 feet; thence Easterly making an angle
to the left from said last described line of 85 degrees and 10 minutes, a distance of 141. 93
feet; thence Northerly 326.02 feet to the point of beginning. All of the above lying and
being in Township 117, Range 21, West of Fifth Principal Meridian, except that part
thereof which is designated and delineated as Parcels No. 22 and 22B, Hennepin County
e Right of Way Map No.2, according to the map thereof on file and of record in the office
of the County Recorder in and for Hennepin County, Minnesota and except that part
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- thereof which lies Easterly of the following described line: Beginning at a point on the
Westerly line of Parcel 22B, Hennepin County Right of Way Map No.2, according to the
map thereof on file and of record in the office of the County Recorder, distance 260 feet
Northerly of the most Southerly corner of said Parcel 22B; thence run Southerly to a point
on the Southerly extension of the East line of said Parcel 22B, distant 115 feet Southerly
of the most Southerly corner thereof, except that part embraced in said Parcel 22B,
according to the United States Government Survey thereof and situated in Hennepin
County, Minnesota.
NOW THEREFORE, BE IT RESOLVED that the application for Variance VN95-1 is hereby
approved based on the following Findings of Fact.
1. That the reconstruction of County Road 3 will require 30 feet of the applicants
property.
2. That the 30 feet of right-of-way to be taken creates a unique hardship for the
applicants property.
3. That the granting variance provides a buildable site for the applicant with the
additional right-of-way for County Road 3.
Adopted this 2nd day of May, 1995,
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Charles D. Redepenning, Mayor
ATTEST:
J ames A. GeneIIie, City Clerk
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