CR2002-52 - zoning amendment-tobacco
CITY OF
. March 27, 2002 - Council Report 02-52
NOPKINS
ZONING AMENDMENT - TOBACCO SHOPS
Pro Dosed Action.
Staff recommends the following motion: Move to adopt Resolution 02-26. denying a zoning
amendment to allow tobacco shops as a primary use in the B-3 zoning district.
At the Zoning and Planning meeting Mr. Bartz moved and Mr. Thompson seconded a motion
to adopt Resolution RZ02-3, recommending denial of a zoning amendment to allow tobacco
shops as a primary use in the B-3 zoning district. The motion was approved unanimously.
Overview.
The applicant, Tarek Wazwaz, is proposing to open a tobacco shop in the shopping center on
Shady Oak Road. This area is zoned B-3, General Business. Tobacco shops as a primary use
are not allowed in the B-3 zoning district. The only zoning district in which tobacco shops
are allowed as a primary use is B-2, Central Business district. There currently is one tobacco
shop in the B-2 district. Tobacco products are allowed in the B-3 district as an accessory use.
. The B-2 district is located from Eighth Avenue to 11th Avenue and from approximately First
Street North to First Street South.
Primary Issues to Consider.
. What was the recommendation of the Chemical Health Commission?
. Why is a tobacco shop allowed only in the B-2 district?
. What were the reasons the applicant stated for wanting a zoning amendment?
. What was the discussion at the Zoning and Planning meeting?
SUDDortiue Documents.
. Analysis ofIssues
. Resolution 02-26
Nancy S. Anderson, AlCP
Planner
Financial fmpact: $ Budgeted: Y/N Source: -
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Related Documents (eIP, ERP, etc.):
Notes:
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CR02-52
Page 2
. Primary Issues to Consider.
. What was the recommendation of the Chemical Health Commission?
The Chemical Health Commission reviewed the proposed amendment at their March 4th
meeting. The following is the recommendation of the Chemical Health Commission:
The Commission is opposed to the zoning amendment that would aIlow a
tobacco shop in the B-3 district There are other locations within the City
where this type of business is permitted. The Commission did not want to set
precedence by allowing changes to current z0111ng parameters to
accommodate a single use business when there is other available space in the
City.
Although the Commission is not pleased to see another tobacco-only shop
come into the community, it is not opposed to the type of business requesting
the amendment.
. Why is a tobacco shop allowed only in the B-2 district?
The framework for the existing zoning ordinance was adopted in 1977. There have been
numerous amendments to the ordinance since 1977. None of the current staff was employed
. by the City at this time to shed some light on the rationale of restricting several uses to only
the B-2 district The only rationale that T can think of is that there was an effort to keep the
retail core area located within the downtown area.
. What were the reasons the applicant stated for requesting a zoning amendment?
The applicant stated that there was no space available in the B-2 district to locate a tobacco
shop and it would not inteJfere with the other tobacco shop.
. What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the applicant's request. Ms. Allen reviewed the Chemical Health
Commission's recommendation. Ibrahim Al-Khalel and Tarek Wazwaz appeared before the
Commission. Mr. AI-Khalel stated that there was no space available in the B-2 district to
open a tobacco shop. The public hearing was opened at 7:00 p.m. Charles Nalls appeared
before the Commission. Mr. Nalls owns the existing tobacco shop in the B-2 district. Mr.
Nalls stated that he does not want the zoning changed. Joe Abumayaleh appeared before the
Commission. Mr Abumayaleh is planning on purchasing Back Door Tobacco and also does
not want tobacco shops in the B-3 district.
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CR02-52
Page 3
. Alternatives.
l. Approve the zoning amendment to allow tobacco shops in the B-3 zoning district. By
approving the zoning amendment to allow tobacco shops in the B-3 district, tobacco
shops will be allowed to operate in the B-3 zoning district as a primary use. If the City
Council considers this alternative, findings will have to be identified that support this
alternative.
2. Deny the zoning amendment to allow tobacco shops in the B-3 zoning district. By
denying the zoning amendment, tobacco shops will not be able to operate as a primary
use in the B-3 zoning district.
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: 02-26
RESOLUTION MAKING FINDINGS OF FACT AND
DENYING AN ORDINANCE ANIEND:MENT TO ALLOW
TOBACCO SHOPS AS A PRIMARY USE IN THE B-3 ZONING DISTRICT
WHEREAS, an application for Zoning Amendment ZN02-2 has been made by Tarek Wazwaz;
WHEREAS, the procedural history of the application is as follows:
l. That an application for zoning amendment was made by Tarek Wazwaz;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on March 26,
2002: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN02-2
is hereby denied based on the following Findings of Fact
1. That the applicant has not provided factual statements to justify a zoning amendment
to allow tobacco shops as a primary use in the B-3 zoning district.
2. That the Chemical Health Commission has recommended that the zoning amendment
not be approved.
Adopted this 2nd day of April 2002.
Eugene 1. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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