CR 95-193 Conditional Use Permit - Matt's Auto ServiceNovember 1, 1995
CONDITIONAL USE PERMIT -- MATT'S AUTO SERVICE
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 95 -99 approving
amendments to a conditional use permit to operate an auto storage lot on the southerly
portion of 1300 Second Street South.
At the Zoning and Planning meeting, Mr. Blair moved and Mrs. Kinnich seconded a motion to
approve Resolution RZ95 -26, recommending amendments to a conditional use permit to
operate an auto storage lot. The motion carried unanimously.
Overview.
Matt's Auto Service was granted a conditional use permit to operate an auto storage lot in the
rear of 1300 Second Street South last November . Last winter Matt's Auto Service used the
back parking area and occupied approximately 58 parking spaces. This lot is only to be used
for snow emergency towing for Hopkins residents. Matt's Auto Service has the contract to
tow for the City.
The conditional use permit requires a one year review. A conditional use permit is required
for any use that is not conducted totally within a building.
Primary Issues to Consider.
o How is the property zoned?
o What has the Comprehensive Plan designated the subject site?
o What are the conditions of the conditional use permit?
o Has the applicant complied with all the conditions?
o What changes to the conditional use permit is the staff recommending?
o What occurred at the Zoning and Planning meeting?
Supporting Documents.
o Analysis of Issues.
o Site Plan.
o Resolution 95 -99.
Nancy
Planner
. Anderson, AICP
Council Report CR95 -193
CR95 -193
Page 2
Primary Issues to Consider,
o How is the zoning of the property?
The property is zoned I - 1, Industrial.
o What has the Comprehensive Plan designated the subject site?
The Comprehensive Plan has the subject site guided for industrial uses.
o What are the conditions of the conditional use permit?
1. That entire parking area must have a bituminous surface by June 1,
1995.
2. That there are no buildings constructed or placed on the applicant's site.
3. That there are no demolished cars stored on the site.
4. That the entire site has a screened fence in accordance with a plan acceptable
to star
5. That there shall be no dismantling of cars stored on the site.
6. That the conditional use permit will be reviewed after one year from the date of
approval.
o Has the applicant complied with all the conditions?
The applicant has not complied with the following conditions:
o The site does not have a bituminous surface.
o The applicant does, at times, have demolished cars on the site.
o The site is not screened.
o What changes to the conditional use permit is the staff recommending?
Because of new changes in the building code, a temporary building can now be placed on the
site. The staff would recommend removal of the condition that there are no buildings on the
site.
The conditional use permit required a bituminous surface. The applicant has not put a
bituminous surface on the storage area and is asking that this condition be removed. The staff
reviewed this further and would recommend now that the storage area is not required to be
bituminous. Because this area was a former landfill, bituminous surface is very difficult to
maintain and the Watershed District would prefer any discharge from the cars to be absorbed
by the ground and not runoff into the creek.
The applicant uses this lot for the storage of cars after a snow emergency. In some cases, a
demolished and /or dismantled car comes to the lot after a snow emergency. This car may be
CR95 -193
Page 3
on the site for several weeks because no one will claim it. Staff would recommend that all
dismantled and/or demolished cars are removed after five days. This should allow the
applicant sufficient time to move the dismantled and/or demolished cars picked up during the
snow emergency.
The Zoning Ordinance requires all storage lots within the City to be screened from the
right -of -way. Staff would recommend amending the conditional use permit to require only the
north side of the site to be screened, as this is the only side visible from a roadway. The north
side of the site is visible from County Road 3.
o What occurred at the Zoning and Planning meeting?
Staff reviewed the changes with the conditional use permit. Staff noted that the building code
now allows a temporary building to be placed on the site. Matt Strodel, president of Matt's
Auto Service, Inc., appeared before the Commission. The Commission was concerned with
the condition regarding the removal of dismantled cars after five days. Staff stated that this
requirement was only for dismantled cars that were picked up after a snow emergency, an
operating car could remain for more than five days. The staff does 'not want this lot to
become a junk car lot.
Alternatives
• 1. Approve the conditional use permit. By approving the conditional use permit, the
applicant will be able to operate the auto storage lot as per the conditional use permit.
2. Deny the conditional use permit. By denying the conditional use permit, the applicant will
not be able to operate an auto storage lot as per the amended conditional use permit. The
applicant will be required to comply with the original conditions of the conditional use
permit. If the City Council chooses this alternative, findings of fact will have to be stated
that support this decision.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 95 -99
RESOLUTION MAKING FINDINGS OF FACT TO
APPROVE AMENDING A CONDITIONAL USE PERMIT
FOR AN AUTO STORAGE FACILITY
WHEREAS, a one year review is required for the conditional use permit granted for an auto
storage lot at 1300 Second Street South.
WHEREAS, the procedural history of the application is as follows:
1. That an application for a conditional use permit, CUP94 -5, was filed with the City of
Hopkins on September 23, 1994.
2. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a
public hearing on the application and reviewed such application on October 25, 1994: all
persons present at the hearing were given an opportunity to be heard.
3. That the conditional use permit required a one year review.
4. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a
public hearing for the one year review on October 31, 1995; all persons present at the
hearing were given an opportunity to be heard.
5. That the written comments and analysis of the City staff and the Planning Commission
were considered.
6. A legal description of the subject property is as follows:
Block 1, Lot 2 Stiele Addition
NOW, THEREFORE, BE IT RESOLVED that the Conditional Use Permit for an auto storage
facility is hereby amended, based on the following Findings of Fact:
1. That the applicant meets the requirements for a conditional use permit.
IP BE IT FURTHER RESOLVED, that the conditional use permit to operate an auto storage facility
is amended based on the following conditions:
•
1 That the site is used only for the storage of vehicles after a snow emergency.
2. That any building on the site is temporary and complies with the building code
requirements.
o That there are no demolished and/or dismantled cars stored on the site for more than five
days following a snow emergency.
4. That the north side of the site has a screened fence in accordance with a plan acceptable to
staff by November 24, 1995.
5. That there shall be no dismantling of cars stored on the site.
6. That the Conditional Use Permit be reviewed in 12 months
Adopted this 8th day of November, 1995.
ATTEST:
James A. Genellie, City Clerk
Page 2
Charles D. Redepenning, Mayor