CR 95-217 Conditional Use Permit 37-41November 30, 1995
Supporting Documents.
o Analysis of Issues.
o Site Plans.
o Resolution 95 -110.
MOMOA OrittKaOn
Nancy R. Anderson, AICP
Planner
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CONDITIONAL USE PERMIT-37-41 12TH AVENUE NORTH
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 95 -110, approving a
conditional use permit to operate an office at 37 -41 12th Avenue.
At the Zoning and Planning meeting, Mr. Brausen moved and Mr. Kinnich seconded a motion
to approve Resolution RZ95 -30, recommending a conditional use permit to operate offices at
37 -41 12th Avenue North. The motion carried unanimously.
Overview.
The applicant, Jeff Schmidt, is proposing to use the buildings at 37 -41 12th Avenue North
(Marvy Photography) as a law and investigation office. The Marvy complex is a unique
structure that consists of an old church and a house. The two buildings are connected with a
walkway.
The Zoning Ordinance allows offices in the R -4 and R -5 zoning districts with a conditional
use permit. The applicant is not proposing to remodel the interior or exterior of the existing
building.
Primary Issues to Consider.
o How are the properties zoned?
o What does the conditional use permit require?
o What are the specifics of the proposed use?
o What are the staff concerns?
o What occurred at the Zoning and Planning meeting?
Council Report 95 -217
Primary Issues to Consider.
o How are the properties zoned?
The property is zoned R -4 High Density Multiple Family.
What does the conditional use permit require?
R -4 or R -5 district- offices on the first floor for persons engaged in one of the recognized
professions, finance, insurance, real estate, or religious and philanthropic organizations.
The applicant will be using the building for offices. The Zoning Ordinance also allows a
continuation of the offices use on the second floor because they existed with the previous use.
o What are the specifics of the proposed use?
Parking
The applicant has secured additional parking at the library. The site requires seven parking
spaces. The site has six parking spaces. The applicant is planning on securing six parking
spaces from the library. The Zoning Ordinance allows parking on another site to meet the
parking requirements.
Surrounding uses
The property is surrounded by the following uses:
east - library
west - residential
north - residential
south - residential
o What are the staff concerns?
The proposed use is similar to the existing use. The applicant does not have clients that come
to the office, and with the additional parking at the library they will meet the parking
requirements. At this point, the proposed use should not create any conflicts for the
surrounding residential area.
CR95 -217
Page 2
What occurred at the Zoning and Planning meeting?
Staff reviewed the need for the conditional use permit. Staff noted that the use will remain
similar to the existing use. Jeff Schmidt, the applicant appeared before the Commission. Mr.
Schmidt stated that they had six employees and will be leasing an additional six parking spaces
from the library. No one spoke at the public hearing regarding this item.
Alternatives.
CR95 -217
Page 3
1. Approve the conditional use permit. By approving the conditional use permit, the
applicant will be able to operate offices at 37-41 12th Avenue South.
2. Deny the conditional use permit. By denying the conditional use permit, the applicant will
not be able to operate offices at 37 -41 12th Avenue South. If the City Council
Commission 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.
Application for Conditional Use Permit
Marvy Photography
a. 41 - 12th Avenue North and 37 - 12th Avenue North, Hopkins, MN 55343.
b. Lot 24 Block 70 West Minneapolis Second Division.
Lot 23 Block 70 West Minneapolis Second Division.
c. Owner is James Marvy and Marvy Advertising Photography, Inc., 41 - 12th Avenue North
and 37 - 12th Avenue North, Hopkins, MN 55343, Phone #: 935 -0307.
Applicant is Jeff Schmidt, F.O. Box 5180, Hopkins, MN 55343, Phone #: 935 -7342.
e. Request to allow a continued low intensity office use in R -4 zoning district due to a
contemplated change in ownership.
f. R -4.
1. Parking plans. See attached site drawing, along with letter from Hennepin County
regarding leasing additional parking spaces at adjacent library parking lot.
o. Floor plans of the structure.
r. See attached site plan.
s. See attached site plan.
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ATTEST:
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A CONDITIONAL USE PERMIT FOR AN OFFICE USE
AT 37 -41 12TH AVENUE NORTH
WHEREAS, an application for Conditional Use Permit CUP95 -8 has been made by Jeff Schmidt;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a Conditional Use Permit, CUP95 -8, was made by Jeff Schmidt on
October 27, 1995;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published a
notice, held a public hearing on the application and reviewed such application on
November 28, 1995: 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 property is as follows:
Lot 23 and 24 Block 70 West Minneapolis Second Division
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit
CUP95 -8 is hereby approved based on the following Findings of Fact:
1. That offices are allowed with a conditional use permit in the R -4 zoning district.
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP95 -8 is hereby
approved based on the following conditions:
1. That the applicant secures additional off- street parking at the library.
Adopted this 5th day of December, 1995.
James A. Genellie, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 95 -110
Charles D. Redepenning, Mayor
and
ATTEST:
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 95 -110
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A CONDITIONAL USE PERMIT FOR AN OFFICE USE
AT 37 -41 12TH AVENUE NORTH
WHEREAS, an application for Conditional Use Permit CUP95 -8 has been made by Jeff Schmidt;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a Conditional Use Permit, CUP95 -8, was made by Jeff Schmidt on
October 27, 1995;
That the Hopkins Zoning and Planning Commission, pursuant to mailed and published a
notice, held a public hearing on the application and reviewed such application on
November 28, 1995: 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 property is as follows:
Lot 23 and 24 Block 70 West Minneapolis Second Division
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit
CUP95 -8 is hereby approved based on the following Findings of Fact:
1. That offices are allowed with a conditional use permit in the R -4 zoning district.
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP95 -8 is hereby
approved based on the following conditions:
1. That the applicant secures additional off-street parking at the library.
Adopted this 5th day of December, 1995.
James A. Genellie, City Clerk
Charles D. Redepenning, Mayor