CR 88-135 Rezone - Sheehan
.. ..
... . ()
~
. Ju.ne 29, 1988 ~ Council Report: 88-135
o "
II K ,
REZONE - SHEEHAN
11118 Minnatonka Boulevard
Froposed ~ction,
Staff recommends the following motion: ~hat the request by Kelly and
Eamela Sheehan to ~ezon~~118 Minnetonka Boulevard from R-1-E to a-I
be denied.
This motion will not allow the applicants to rezone the property at
11118 Minnetonka Boulevard.
OVeryiew.
Dr. Sheehan, the applicant, is a chiropractor and is proposing to use
this home as an office. Since Dr. Sheehans business is too biq to
qualify for a home occupation, his only option is to rezone the
property. Dr. & Mrs. Sheehan have also applied for a Conditional Use
Permit to live in the home.
The Commission denied on a 4-1 vote the rezoning of 11118 Minnet.onka
Boulevard by Resolution 88-30.
Dr. Kelly &: Pamela. Sheehan appeared before the C01lUl'1ission. Dr. Sheehan . ....,
. explained that he wanted to move his chiropractic clinic to this site ....:.,....'
.' rand also live there. The only change visible would be the parkinq in '::;.
. front. He stated that he was looking for a convenient location an:~'" .::",:
closer to Minneapol is . '.~~:;.
.. .c-:."~'.,
.-;~-' : "'~~:-:;#~?
K3.ny residents of Bellg-rove appeared before the Commission to oppose,:;",,'f~;~'
the rezoning-. Several residents stated that they had signed the'" .~..\:ri4;
petition not understanding the impl ications of the rezoning. They now' . "::;:::{
realize what they were signing and do not want this parcel rezoned. .:(-X'
The residents stated that they want to preserve the Bellqrove area lis" ::"-/~
residential. " ,
It was noted that if this site were rezoned to B-1 there is no
gu.arantee that it would remain under the ownership of the Sheehans and
could become any permitted use in the B-1 district.
Issues to Consider.
o Is the rezoning 'of the site spot zoning?
o What is the affect on the surrounding parcels if the site
was zoned B-1?
~uPPorting Documents.
o Location Map 0 Planning Report 0 Resolution
o Site Plan 0 Petition
,. /) . ~
. <:1 /..:- ,/<.' FC <-' >-.-;1 h (.
Nancy S. A .erson
Community Development
Analyst
I . CR88-135
I Page 2
I Detailed B~ckgroq~
The subject property at 11118 Minnetonka Boulevard is zoned R-l-E.
The surrounding property is also zoned residential. The property to
the west is in Minnetonka.
The Comprehensive Plan designates this property as Rl,CD. This
designat:ion plans for single family housing and does not support a
rezoning.
The applicants have contacted many of the neighbors. Enclosed is a
list of those contacted. Most surrounding residents were not home,
but of those that were home, none objected.
The applicants are proposing to use approximately 1000 square feet ot
the existing home for the clinic. The site will require 6-7 parking
spaces. The site plan shows six parking spaces located on the
southwest corner of the site.
If this site is rezoned, the Comprehensive Plan will also have to be
changed.
. Dr. Sheehansi clinic does not qualify as a home occupation because he
has employees.
Analvsis~
- Is the r~zoning of this site spot zoning?
If this site were to be rezoned, the results would be spot zoning-_
Spot zoning is defined as the rezoning of a single parcel of land or a
relatively small area for higher intensity use than the land
surro~"ldinq the particUlar parcel of land. Usually spot zoninq
involves a single parcel of land singled out for special and
privileqed treatment primarily for the benefit of the landowner and
not in accord with the comprehensive plan.
- What is the affect on the surrounding parcels if this site were
zoned B-1?
To rezone one lot 'business' with the surrounding area ;residential',
is not good planning. This site is designated residential both in the I
Zoning Ordinance and Comprehensive Plan. Once this site is rezoned I
there is nothing to prevent another B-1 business on this site. The
home could be removed and another building constructed on the site. I
Rezoning a parcsl pel:"1nits all permitted uses in that district.
Rezoning this site would open up the rest of ~he homes on Minnetonka
Boulevar.d to also be rezoned as an extension of the B-1 aistrict.
. The Bellgrove area recently had an increase in the minimum lot size
from 20,000 square feet to 40,000 square feet. This change was the
result vf a neighborhood request to preserve the Bellgrove area as is.
I
-- . J "r -
..
, . .
e CR8S-135
Page 3
Alternatives.
1. Grant the rezoning form R-l-E to 8-1. If the Commission
approves this rezoning they will have to state Findings
of Fact that ~upport this action.
2. Deny the rezoning from R-1-E to B-1. By denying the
rezoning the applicant will not be able to use the
subject property for a chiropractic clinic. '.:i
3. Change ~~e ordinance to allow clinics as a home
occupation. This alternative will result in having
businesses in residential areas.
4. Continue tor further information. It the Commission
teels that further information is needed, the item should
be continued.
.
.
".. , . -
. ..
, u
.. M
e June 20, 1988 ' 0 , , . . · Planning Report: ZN88-4
REZONE - SHEEHAN
11118 Minnetonka Boulevard
Proposed Action.
staff recommends the following motion: That the requ~st bv Kelly and
Pamela Sheehan to rezon~ 11118 Minnetonka Boulevard from R-1-g to B~
1:>e denied.
This motion will not allow the applicants to rezone the property at
11118 Minnetonka Boulevard.
OVexview.
Dr. Sheehan, the applicant, is a chiropractor and is proposinq to use'
this home as an office. Since Or. Sheehans business is too biq to.
. qualify for a home occupation, his only option is to rezone the
,. property. Dr. & Mrs. Sheehan have also applied for a conditiona.l Use
Permit to live in the home.
Issues ~o Consider.
';'<a .,. Is the rezoning- of the site spot zoning?
.;~ - What is the affect on the surrounding parcels if the site
)\'::0:" was zoned B-1?
.~:.: ':-:,.
\'.;
;":-:';~~"':
SUDDOrtinq Documents.
- Location Map
- Site Plan
- Detailed Background
- Petition
- Resolution
~.~~~
Community Development
Analyst.
.
...'-'
. .-.;'. _.;.-'o.;~
- - - --_._-~~--
-~._-
. .
-
e ZN88-4
Page 2
Detaile~ackground.
The subject property at 11118 Minnetonka Boulevard is zoned R-1-E.
The surrounding property is also zoned residential. The property to
the west is in Minnetonka.
The Comprehensive Plan designates this property as R1,eD.
The applicants have contacted many of the neighbors. Enclosed is a
list of those contacted. Most surrouncling res i dents were not home,
but of those that were home, none objected.
The applicants are proposing to use approximately 1000 square feet of
the existing home for the clinic. The site will require 6-7 parking
spaces. The site plan shows six parking spaces located on the
southwest corner of the site.
If this site is rezoned, the Comprehansive Plan will also have to be
changed.
Dr. Sheehans' clinic does not qualify as a home occupation because he
e has employees.
Analysis.
- Is the rezoning of this site spot zoning?
If this site were to be rezoned, the resul ts would be spot zoning.
spot zoning is defined as the rezoning of a single parcel of land or a
relatively small area for higher intensity use than the land
surrounding the particula.r parcel of land. Usually spot zoninq
involves a single parcel of land singled out for special and
privileged treatment primarily for the benefit of the landowner and
not hl accord with the comprehensive plan.
- What is the affect on the surrounding parcels if this site were
zoned a-I?
To rezone one lot 'business' with the surrounding area 'residential',
is not good planning. This site is designated residential both in the
Zoning Ordinance and Comprehensive Plan. Once this site is rezoned
there is nothing to prevent another B-1 business on this sd te. The
home could be removed and another building constructed on the site.
Rezoning a parcel permits all permitted uses in that district.
Rezoning this site would open up the rest of the homes on Minnetonka
Boulevard to also be rezoned as an extension of the B-1 district.
. The Bellqrove area recently had an increase in the minimum lot size
from 20,000 square feet to 40,000 square feet. This change WQS the
result of a neighborhood request to preserve the Bellgrove area as is.
I
I
I
- ._._--~._~~---_._~-_._--~._- --- -~-~~. ---
.
. .
e ZN88-.r;
Page 3
Altet:nfltives.
1. Grant the rezoning form R-l-E to B-1. If the Commission
approves this rezoning they will have to state Findings
of Fact that support this action.
2. Deny the re~oninq from R-l-E to B-1. By denying the
rezoning the applicant will not be able to use the
subject property for a chiropractic clinic.
3. Change the ordinance to allow clinics as a home
occupation. This alternative will result in having
businesses in residential areas.
4. continue for further information. If the Commission
feels that further information is needed, the item should
be continued.
--
.
i .
, , ~'.~. .
. .
r \'
p ,. .
. .
.
. .
.....
.....
. :\
.. ~
. t .~
... 7~-_ 5
.c...--____., ( 5)'
I ' ' .
~ .
~I .
~ I--~
I - -
,
AO . I 1-8' .....~ -
/. "-IX
. . -' /. . Z&- ~ ..'
. .
. - .
.
.
~. /t(/~t1t n4 fI.V/1 R.~..T4
4:30
.
.
5
( 15)
B
"\
, .
..,. , .
-........
~ f'~
-- 4-
~, ~~~
t.
~
9
..
~ ., ~.~.,~
:'-'" '," -;..~
.
..
"
,
~
t . . q
" . - .,..-.-
.b
"
-
<<I ~ -
~~ ..... 0
- ......
2 ~ . ~
oc _
. ... ...
:.. U' /
- -
// ..
e
.
.
.
,.
I /.,r, i. ",
I " . ,
Date 5/21/88
e
Dr. Kelly and Pam Sheehan have discussed their intended plans for a heme -
office combination at 11118 Minnetonka Btvd. This lofOuld involve rezoning j
to a B-1 status which ~ans limited offi<:-e use. I
NAME ADRESS FOR/AGANIST
. /1 L.11
1. .M-t-- t..t ~ ~t I ft ~ 'V /.., ~~
;
2. -.Jd~ z) "'; tlIb-.
3. P~r1t~ : 't.3 /" I'
I
4. /I~$r- (:Ii~)~, tt ., t\
5.~.. /1 ~ ~L~t:.~ ~
.-- ,
6. ~ ;).ll 1.t1.~:;.~ (~:) \Lt,l- WI
7.W~ 2\ .c U ( I ,.
_~J~ l1- ( \ \ l
9.
- /'[ 1../
It]. 10.
[,f/ U. t..O
r; 12.1I~rfJ/IfS. ) ~~.
...., r( C4.(~- ~ ;/ ,. -'-.
,~ 13. ~~ (oL is' OK.. . -/:J,l(
t 5;'14.. r!-r\ -'--
,'If .
15. t) X. ~ 8 -I -,-f o.K.
16. J;;,M Cwt=IGLD 1ft, E. ST.I/ ~s f!..D
11: IY' t- (I, k~ 4rJJJ.~
17. ~
~.. . FI I' ( \. ,AJ /;J f 11d~ . .pf IV;
18. c. '- ..., f..,) c.;.J- dTV~. I
19. __._ ~~ I IJr)\ ~
20. eu.'S~ !i 12.- ~e~.. L (-t~)
,
21- ~
~ 10 M ,... -t.t.. f7 i.4".--<. ~. i
22. j .~r
! r-
23. ~ ,J/.. i. /~
24. '{~~ -if? I, '"'
l :
e 25. ,
26. J-.~1fu ~~ ~ II h I
27. -n1. - .Ljtf!- tJ- ~1 c"'"-/.-{ 9 CUj,.~
28. fs- ~ rv.~ It: I
29.
II; V /, ft-.t- J I
--
.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 88-30
RESOLUTION MAKING FINDINGS OF FACT AND DENYING
APPLICATION FOR REZONING ZN88-10
WHEREAS, an application for Rezoning entitled
ZN88-4 made by Dr. Kelly & Pamela Sheehan, 11118 Minnetonka
Boulevard, to rezone the property from R-I-E to B-1 to allow
a chiropractic office is denied.
WHEREAS, the procedural history of the application
is as follows:
1. That an application for Rezoning ZN88-4 was
filed with the city of Hopkins on Kay 23, ~988.
2. That the Hopkins Planning Commission reviewed
e such application on June 28, i986.
3. That the Hopkins Planninq Commission, pursuant
to mailed notices, held a public hearing on
June 28, 1988; all persons present at the
hearing were given an opportunity to be heard.
4. That the written comments and analysis of the
City staff and the Planning Commissions were
considered.
HOW THEREFORE BE IT RESOLVED, that the Hopkins
City council makes the following Findings of Fact in respect
to ZN88-4:
1. That the Comprehensive Plan has designated this
site as residential.
2. That the existing zoning is compatible with 't.he
surrounding uses.
3. That rezoning the subject parcel would result
in spot zoning.
Adopted this 5th day of July. 1988.
Donald J. Hilbert, Mayor
.
I ~ - -