1993-031
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 93-31
RESOLUTION MAKING FINDINGS OF FACT AND
DENYING AN APPLICATION FOR A CONDITIONAL USE PERMIT
WHEREAS, an application for a conditional use permit for an auto
sales lot, CUP 93-1, has been submitted by Joe Garber to the City on
December 28, 1992; and
WHEREAS, the Hopkins Planning Commission, pursuant to published
and mailed notice, held a public hearing on January 26, 1993, February
23, 1993 and March 30, 1993 and considered the application; and
WHEREAS, written and oral reports, comments and analysis have
been submitted to the City Council by the City staff and the Planning
Commission; and
WHEREAS, based on all the documents and information that have
been submitted to the City Council, the City Council makes the
following findings pertaining to the application for CUP 93-1:
1. The site plan for the proposed auto sales lot does
not meet the requirements for a conditional use permit as
set forth in Section 535.03, subd. 2A, in the City'S zoning
ordinance because the applicant has not provided for a 20-
foot front yard setback as required by section 550.03, subd.
6, of the City'S zoning ordinance.
2. The south edge of the southerly driveway of the
property on sixth Avenue is 17 feet north of the north curb
line of Mainstreet. The location of this driveway creates
conflicts with turning movements at the intersection because
additional turning movements are necessary due to the close
proximity of the driveway to the intersection. Additional
distance is needed to insure that a vehicle can pullout
onto sixth Avenue and be completely facing the direction of
traffic.
3. The 17-foot separation between the driveway and
Mainstreet does not comply with the recommendation of the
Institute of Transportation Engineers in "The Guidelines for
Driveway Design and Location" 1985. Those guidelines
recommend a 37-foot spacing separation.
4. The close proximity of the southerly driveway on
sixth Avenue creates a situation where existing traffic from
the site has a greater difficulty turning into sixth Avenue,
creating additional conflicts with northbound traffic on
sixth Avenue.
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RESOLUTION NO: 93-31
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5. The close proximity of the southerly driveway on
sixth Avenue to Mainstreet does not provide adequate sight
distance or field of vision when a vehicle is pulling out of
the property onto sixth Avenue and when a vehicle is
entering onto the property from Mainstreet.
6. The applicant has stated that he is not willing to
close the southerly driveway on sixth Avenue and is not
willing to comply with the 20-foot front yard setback
requirement of the City's zoning ordinance.
NOW THEREFORE, BE IT RESOLVED by the City Council for the City of
Hopkins that based on the above findings, the application for CUP 93-1
is denied because:
1. The applicant has not complied with section 535.03,
subd. 2A, of the City's zoning ordinance.
2. The applicant has not complied with section 550.03,
subd. 6, of the City's zoning ordinance.
3. The application is not consistent with the health,
welfare and safety of the City.
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Adopted this 20th day of April, 1993.
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