CR 98-109 Conditional Use Permit- Office BuildingJuly 1, 1998
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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.
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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
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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