CR 06-017 CUP Auto Sales Lot
CiTY OF
m
February 1,2006
HOPKINS
Council Report 06-17
CONDITIONAL USE PERMIT - AUTO SALES LOT
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 06-05, approvmg a
conditional use permit for The Luther Companv to expand their auto sales lot.
At the Zoning and Planning meeting, Ms. Hatcher moved and Mr. Paul seconded the motion
to adopt Resolution RZ06-01, recommending approval of a conditional use permit for The
Luther Company to expand their auto sales lot. The motion was approved unanimously.
Overview.
In 1985 Rudy Luther's Hopkins Honda was granted a conditional use permit for an auto sales
lot at 499 Mainstreet. Hopkins Honda moved to the former Knox site last fall. Now Town
and Country Dodge, which is currently located on Highway 7, is proposing to move to the
former Honda location at 499 Mainstreet. The conditional use permit needs to be amended
because it is proposed that the former Burger King site and Now Sports site will be added to
their operation.
The applicant has also applied for a site plan review to expand and remodel the Now Sports
site. The site at 502 Mainstreet will operate as it did before Honda moved. This site needs
its own conditional use permit to operate.
Primarv Issues to Consider.
· What is the zoning of the property, and how has the Comprehensive Plan designated
the subject site?
· What are the conditions for a conditional use permit?
· Does the proposed sales lot comply with the requirements for a conditional use
permit?
· What was the discussion at the Zoning and Planning meeting?
Supportinl! Documents.
. Analysis ofIssues
. Site Plans
. Conditions from 1985
· Resolution 06-5
G
ma
Nancy . Anderson, AICP
Planner
Financial Impact: $_ N/ A_Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CRP06-17
Page 2
Primarv Issues to Consider.
· What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
The subject property is zoned B-3, General Business. The Comprehensive Plan has
designated the site as commercial. The proposed use complies with both documents.
· What are the conditions for a conditional use permit?
Subd. 2. Conditional uses within B districts.
A) New auto sales including sales lot and major auto repair provided:
I. the sales lot shall not be larger in square footage than the square footage of the
building devoted to the related business;
2. a 20- foot front yard setback in which there shall be no auto parking. Within this
20- foot setback there shall be a permanent barrier of landscaping. (Amended Ord.
90-672) (Amended Ord. 94-747)
3. lighting of the sales lot shall be totally from indirect lighting;
4. should the lot abut an R district an acceptable design of screening fence five feet in
height shall be constructed along the abutting lot line;
5. the auto sales lot shall not include vehicles over a 9,000 lbs. rated weight;
6. no vehicles which are unlicensed and/or inoperative shall be stored on the premises;
(Added Ord. 96-787)
7. all repair, assembly, disassembly or maintenance of vehicles shall occur within a
closed building except minor maintenance, including tire inflation, adding oil and
wiper replacement; (Added Ord. 96-787)
8. no outside storage or display except vehicles for sale or rent; (Added Ord. 96-787)
9. no public address system; (Added Ord. 96-787)
10. no test driving of vehicles on local residential streets; (Added Ord. 96-787)
II. used car lots shall be permitted only when an integral part of a new car dealership.
(Added Ord. 05-941)
· Does the proposed sales lot comply with the requirements for a conditional use
permit?
The following is how the site plan complies with the conditional use permit:
· The square footage of the building at 499 Mainstreet is 38,000 square feet and the
CRP06-17
Page 3
sales/inventory lot is 38,075 square feet. The square footage of the building at 426
Mainstreet is 8,100 square feet and the sales/inventory lot is 7,358 square feet.
· The new parking areas will have the required 20-foot setback with landscaping.
· The lighting will be indirect. New lighting will be on the former Burger King site as
well as the former Now Sports site.
· The fencing on the former Honda site will remain and there will be a six-foot fence
located on the north side of the former Burger King site. The former Now Sports site
will have a six-foot fence located on the south side of the site.
. The largest vehicle will be a pick-up truck.
· There has been no problem in the past with inoperable vehicles on the site.
· There has been no problem in the past with repairing vehicles on the site.
· The only outside storage will be vehicles on both sites.
· There will be no public address system as per the 1985 condition.
· The applicant understands that there is no test driving on the abutting residential
streets. This was a condition that was imposed on the site when Honda was
approved.
· The applicant's operation has new cars.
· What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed expansion to the former Hopkins Honda site. Joho
Baker, Luther's architect, and Linda McGinty of Luther appeared before the Commission.
Mr. Baker reviewed the site plan with the Commission. At the public hearing the fence along
First Street was discussed. There were differences of opinion on whether the chain link fence
should stay or a new wood fence should be constructed. After considerable discussion it was
determined there would be a wood fence, and it would be six feet and stepped up to eight feet
going to the east.
Alternatives.
I. Approve to amend the conditional use permit to operate an auto sales lot. By approving
the conditional use permit, the applicant will be able to expand their auto sales lot as
proposed.
2. Deny amending the conditional use permit to operate an auto sales lot. By denying the
conditional use permit, the applicant will not be able to expand their auto sales lot as
CRP06-17
Page 4
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.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 06-05
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVE TO AMEND A CONDITIONAL USE PERMIT FOR AN AUTO SALES LOT AT 499,
426 AND 401 MAINSTREET.
WHEREAS, an application for Conditional Use Permit CUP06-1 has been made by The Luther
Company;
WHEREAS, the procedural history ofthe application is as follows:
I. That an application for a conditional use permit was made by The Luther
Company;
2. 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 January 31, 2006: 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 subject property is as follows:
Lots 9,10, and 11, Block 5, "Parkridge Hennepin County,
Minnesota"
Certificate of Title No. 666587
Lot 12 and 13, Block 5, "Parkridge Hennepin County, Minnesota"
Subject to restrictions which runs for a period of 30 Years from February 6, 1971 as
shown in Deed Doc. No. 992577, (as to the east half oflot 12 and 13) Certificate of Title
No. 753259. The south 433 feet of the west 233 feet of that part of the Northeast Quarter
of the Southeast Quarter of Section 24, Township 117 north, Range 22 west of the fifth
principal Meridian lying north of the centerline of Excelsior Avenue, Hennepin County,
Minnesota. Abstract Property.
Lot 1, Block 1 Luther Walser Hopkins Addition Hennepin County Minnesota and Lot 9
Except that part thereof lying west of a line drawn Parallel to and distant 33 feet east at
right angles from said west line of said Lot 9, Auditor's Subdivision number 242,
Hennepin County, Minnesota and, That part of Lot 10, Auditor's Subdivision number
242, Hennepin County, Minnesota lying west of a line extending across said Lot from
north to south and drawn parallel with and 34 feet distant east from the west line of said
lot, except that part of said Lots 9 and 10 which lies southerly of a line 122 feet south of,
measured at right angles to and parallel with the north line of the two above described
parcels of land, according to the plat thereof on file or of Record in the office of the
Registrar of Deeds in and for said County.
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit
CUP06-1 is hereby approved based on the following Findings of Fact:
1. That the proposed auto sales use meets the requirements for a conditional use permit.
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP06-1 is hereby
approved based on the following conditions:
1. That the applicable conditions of the 1985 conditional use permit apply.
2. That the site plan is approved.
3. That there is an eight-foot fence residential property that abuts the Luther site on
the east side.
4. That there is a six-foot wood stained fence on the north side of 499 Mainstreet
that is stepped up to eight feet at the rear property line of 101 Fifth A venue North
and the Luther will work with the property owners to determine the type of fence.
5. That Luther will work with the City to determine if planting vegetation on the
north side of the fence along First Street is possible.
Adopted this 7th day of February 2006.
ATTEST:
Eugene J. Maxwell, Mayor
Terry Obermaier, City Clerk
1985 CITY COUNCIL CONDITIONS
! ,,,ero
'"'l-'yrvv'=U WII:.II IU( IUWITlY dlnenament:
Mr. Shirley moved and Mr. Anderson seconded the Iaotion to
_prove the application with the following conditions: (1) that'
agreement be entered. into w1th the City and applicant to
event Rudy Luther'S Hopkins Motors fr-om expanding in>to the
residential district for development, including parking
purposes; !2J that an agreement be entered into that would
pr-ovide for the current location of the Rudy Luther Hopkins
Motors being continued, the applicant would waive relocation
expenses, would accept the appraisal arbitration process to
determine market value and would not cla1m any partial taking
involving the operation on their new site, waivers be a period
or three years (all these relate to possible condemnation or
use of the property for development purposes); (3) that there
would be no external-. loud speaker system; (4) approval by the
Fire Marshal; (5) adJ.Jstments to parking to satisfy stafC
concerning maneuverability Cor the public parkingj (6)
limitations on test-driving within the residential area; (7)
maintenance of landscape areas on City property; (8l acceptable
landscaping inludlng fences and/or berms acceptable to staff
and neighbors; (9) screeni~g of mech~nical devices; (10)
oCf-street loading and unloading of parts ,nd cars; (11)
contingent upon approval ot the variance In the next item. AS
poll of tne votes was as follows: Mrs. Lavin, Nay; Hr.
Shirley, Aye; Hr. Hilbert, Aye; Mr. Anderson. Aye; Mayor
Hiller. Aye. Tne motion carried.
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