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CR 98-107 Variance- HeightJuly 1, 1998 VARIANCE - HEIGHT Council Report 98 -107 Proposed Action. Staff recommends the following motion: Move to approve Resolution 98 -41, approving a variance to allow a maximum height of 47.5 feet for the proposed SuperValu warehouse. At the Zoning and Planning meeting, Mr. Boen moved and Mr. Brausen seconded a motion to approve Resolution RZ98 -12, recommending approval of a variance to allow a maximum height of 47.5 feet for the proposed SuperValu warehouse. The motion carried on a 5 -1 vote, Mr. Engel voting nay. Overview. The applicant, SuperValu, is proposing to redevelop the Hennepin County Public Works site at 320 Washington Avenue South. Since the last concept review, SuperValu has scaled the project down. Now the proposed development will have a 489,410 square -foot building. The applicant is proposing to construct a 47.5 -foot high building. The zoning ordinance allows a maximum height of 35 feet for industrial uses when abutting a residential zoning district. The applicant has also applied for a conditional use permit to construct the proposed building. Primary Issues to Consider. Planner • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • Does the property have a hardship? • What was the discussion at the Zoning and Planning meeting? Supporting Documents. • Analysis of Issues • Site Plans • Resolution 98 -41 ardn Nancy . Anderson, AICP CR98 -107 Page 2 Primary Issues to Consider. What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The site zoning is I -1, Industrial. The Comprehensive Plan has designated the site as Business Park and medium density residential. The Comprehensive Plan is in the process of being amended to reflect an Industrial designation. Alternatives. What are the specifics of the variance? The maximum height for an industrial building is 35 feet when abutting a residential area. The applicant is proposing to have a 47.5 -foot high building. Does the property have a hardship? The subject site is unique because of the amount of right -of -way frontage. The applicant has minimized the impact on the residential area by having a berm and a fence along Fifth Street. Buffer Park also separates some of the residential area from the site. The only part of the building that will be visible from the residential area is approximately the top one -half of the building. What was the discussion at the Zoning and Planning meeting? The height variance was discussed with the conditional use permit. The Commission discussed the height variance and the hardship. The Commission was concerned that the height of the building was not specifically discussed at the neighborhood meeting. 1. Approve the 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. 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. WHEREAS, an application for a Variance VN98 -2 has been made by SuperValu; WHEREAS, the procedural history of the application is as follows: 1. That SuperValu made an application for a height variance on June 5, 1998; ATTEST: 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on June 30, 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. The legal description of the property is as follows: NOW, THEREFORE, BE IT RESOLVED that the application for Variance VN98 -2 is hereby approved based on the following Findings of Fact: 1. That the site has a hardship because of the amount of right -of -way frontage. 2. That the majority of the site is surrounded by industrially zoned land. 3. That the impact to the residential neighborhood is minimized by the berm, screened fence and the large setback from the residential neighborhood. Adopted this 7th day of July, 1998. Terry Obermaier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 98 -41 RESOLUTION MAKING FINDINGS OF FACT APPROVING A HEIGHT VARIANCE Block 25 to 29 inclusive and Blocks 43 and 47 inclusive including adjacent vacated street and alley except roads and State Highway, West Minneapolis. That part of NE 1/4 of NE 1/4 lying south of west Minneapolis and west of State Highway 169 except street. Charles D. 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