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CR 98-109 Conditional Use Permit- Office BuildingJuly 1, 1998 Y 0 CONDITIONAL USE PERMIT — OFFICE BUILDING Council Report 98 -109 Proposed Action. Staff recommends the following motion: Move to approve Resolution 98 -43, approving a conditional use permit to construct an office building. At the Zoning and Planning meeting, Mr. Gross moved and Mr. Schumacher seconded a motion to approve Resolution RZ98 -13, recommending approval of a conditional use permit to construct an office building. The motion was approved unanimously. Overview. The applicant, Jim Benshoof, is proposing to construct a 5500 square -foot office building on the property owned by the City along County Road 3. The building would be a single story. The applicant will be purchasing the property from the City. The property is located on County Road 3 from approximately Eighth Avenue to west of where Ninth Avenue would intersect if it were extended. The office building will have three tenants. Benshoof and Associates and Brauer and Associates will be tenants, as well as a rentable area for a third tenant. The building will have a railroad theme on the exterior. The front entrance will be on the County Road 3 side of the site and the parking will be on the east side of the building. The applicant has applied for the variance to allow parking in the front yard setback. 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 proposed development? What is the timing for construction of the building? What was the discussion at the Zoning and Planning meeting? Supporting Documents. Analysis of Issues • Site Plans Resolution 98 -43 Nancy Planner Anderson, AICP CR98 -109 Page 2 Primary Issues to Consider. o . What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The zoning of the property is B -3, General Business. The Comprehensive Plan has designated the site as Commercial. The proposed use complies with both documents. o What are the specifics of the proposed development? Landscaping The applicants will be planting the building site as well as the property to the west. The site is required to have 18 plantings. The landscape plan indicated 33 plantings of the correct size. In addition to the required plantings, the building will be heavily landscaped with shrubs. There will also be decorative sidewalks on the north and east sides of the site. There is a concentrated area of shrub plantings surrounding these sidewalks. Fire marshal The Fire marshal has reviewed the proposed site plan and found them acceptable, with the condition that they may need a fire hydrant. Public Works The Public Works department has not finished their review. Their review should be available the night of the meeting. Any approval should be contingent on approval by the Public Works department. Parking The parking is proposed to be located on the east side of the building on the south side of the property. The building is required to have 22 parking spaces. The site plan shows 22 parking spaces. The parking spaces are the required size of 9' x 20'. The parking area will have curb and gutter. Trash The trash area will be located on the southeast side of the building. The trash area is enclosed, as required by the ordinance. The doors of the trash enclosure will face south. CR98 -109 Page 3 Access Access will be from County Road 3 from the Eighth Avenue intersection. Access to the City water tower property will be provided from a new access at approximately Ninth Avenue. Setbacks B -3 Proposed Front yard 20 feet 20 feet* West side yard 0 0** East side yard 0 187 feet Rear yard 15 feet 15 feet *The building will meet the 20 -foot required setback. The ordinance does not allow parking in the front yard setback. The applicant has applied for a variance to park in the front yard setback. * *The Building Inspector is requiring a setback for building code. The applicant and the City will have a use easement on the west side for this setback. Exterior The proposed exterior will be cedar wood batten siding with a brick base. The building will have a railroad theme appearance. Surrounding uses The site is surrounded by County Road 3 to the north, a park and ride to the east, vacant City owned land to the west and railroad right -of -way to the south. What is the timing for construction of the building? The applicants want to get started as soon as all the permits are granted. What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the proposed building with the Commission. Jim Benshoof and George Watson appeared before the Commission. George Watson reviewed the various easements on the site. The Commission was concerned about the snow storage. Mr. Watson stated that if they needed to they would have it removed. No one appeared at the public hearing regarding this item. Alternatives. 1. Approve the conditional use permit to construct an office building. By approving of CR98 -109 Page 4 the conditional use permit to construct an office building, the applicant will able to construct the building as proposed. 2. Deny the conditional use permit to construct an office building. By denying the conditional use permit to construct an office building, the applicants 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 Commission indicates that further information is needed, the item should be continued. WHEREAS, an application for Conditional Use Permit CUP98 -6 has been made by Jim Benshoof, George Watson, and Jeff Schoenbauer; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by Jim Benshoof, George Watson, and Jeff Schoenbauer on June 10, 1998; 3. That the written comments and analysis of City staff were considered; and 4. A legal description of the subject property is as follows: Lot 2, Block 1, 10417 Associates Addition NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP98 -6 is hereby approved based on the following Findings of Fact: BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP98 -6 is hereby approved based on the following conditions: ATTEST: 1. That the proposed addition meets the requirements for a conditional use permit. 2. That the proposed use is permitted in the B -3 zoning district. 1. That Nine Mile Creek Watershed District approves the grading plan. 2. That the variance is granted to allow parking in the front yard setback. 3. That the applicants purchase the property from the City of Hopkins. 4. That the property is platted. 5. That the Public Works department approves the plans. 6. That an 11 -foot use easement is granted on the west side of the property. Adopted this 7th day of July, 1998. Terry Obermaier, City Clerk CITY .OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 98 -43 RESOLUTION MAKING FINDINGS OF FACT APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT AN OFFICE BUILDING 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 June 30, 1998: all persons present were given an opportunity to be heard; Charles D. Redepenning, Mayor