CR 06-110 Conditional Use Permit-The Walser Automotive Group
C\TY OF
m
September 27, 2006
HOPKINS
Council Report 06-110
CONDITIONAL USE PERMIT-THE WALSER AUTOMOTIVE GROUP
ProDosed Action.
Staff recommends the following motion: Move to adopt Resolution 06-64. approving
amending the conditional use permit for The Walser Automotive Group to add an additional
auto sales lot space to the existing Walser site located at 314 Mainstreet.
At the Zoning and Planning meeting Mr. Skiermont moved and Mr. Aarness seconded a
motion to adopt Resolution RZ06-23, recommending approval to amend the conditional use
permit for The Walser Automotive Group to add an additional auto sales lot space to the
existing Walser site located at 314 Mainstreet. The motion was approved unanimously.
Overview.
In 2003 The Walser Automotive Group and The Luther Company subdivided the lot to the
west of the existing Walser lot on Mainstreet and removed the building. Walser developed
the east side of the lot into a parking area/sales area and The Luther Company has left the
west side with the former Now Sports building vacant. Luther was proposing to move Town
and Country Dodge on Highway 7 to the former Hopkins Honda and Now Sports sites. Now
Walser is proposing to remove the former Now Sports building and expand their parking lot
to Fifth Avenue.
The applicant has applied for a site plan approval to expand the operation.
Primarv Issues to Consider.
· What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
· What are the requirements for a conditional use permit for an auto sales lot?
· Does the proposed sales lot comply with the requirements for a conditional
use permit?
· What was the discussion at the Zoning and Planning meeting?
SUDDortine: Documents.
. Analysis of Issues
. Site Plans
. Resolution 06-64
~~ lWDMnn
Nancy . Anderson, AICP
Planner
Financial Impact: $_ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CUP06-3
Page 2
Primarv Issues to Consider.
. 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. An auto sales lot is permitted with a
conditional use permit. Walser was granted a conditional use permit at the time the original
building was constructed and again when the building was recently remodeled. The
Comprehensive Plan has designated this site as commercial. The use of the site is consistent
with both documents.
. What are the requirements for a conditional use permit for an auto sales lot?
1. 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.
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 9,000 lbs. rated weight.
6. No vehicles which are unlicensed and/or inoperative shall be stored on the premises.
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.
8. No outside storage or display except vehicles for sale or rent.
9. No public address system.
10. No test driving of vehicles on local residential streets.
. 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 314 Mainstreet is 53,905 square feet and the
sales/inventory lot is 53,643 square feet. There are 2937 square feet for the display
area and 313 inventory spaces at 50,706 square feet. The remaining parking area
CUP06-3
Page 3
will be for customer parking and service cars.
. The new parking areas will have the required 20- foot setback with landscaping.
. The lighting will be indirect.
. The fencing on the south side will be extended.
. 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.
. The applicant understands that there is no test driving on the abutting residential
streets.
. The applicant's operation has new cars.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed expansion of the auto sales lot. Don Schilling and Jack
Shimota, representing Walser, and Linda McGinty, representing Luther, appeared before the
Commission. No one appeared at the public hearing regarding this item.
Alternatives.
1. Approve the conditional use permit. By approving of the conditional use permit, the
applicant will be able to expand the auto sales lot.
2. Deny the conditional use permit. By denying the conditional use permit, the applicant
will not be able to expand the auto sales lot 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 indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 06-64
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE
PERMIT TO ADD AN ADDITIONAL SALES LOT AREA TO THE EXISTING LOT AT 314
MAINSTREET.
WHEREAS, an application for Conditional Use Permit CUP06-3 has been made by The
Walser Automotive Group;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a conditional use permit was made by The Walser
Group;
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 September 26, 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:
Tract 1:
That part of Lot 14, Auditor's Subdivision Number 242, Hennepin County,
Minnesota, lying North of a line parallel with and distant 145 feet Southerly from
the Southerly line of Excelsior Avenue.
Tract 2:
All of Lots 15 and 16 and that part of Lot 17, Auditor's Subdivision Number 242,
Hennepin County, Minnesota which lies West of a line drawn parallel with and
distance 30 feet West of the following described line:
Beginning at the East Y4 corner of Section 24, Township 117, Range 22, thence
South along the East line of said Section a distance of 364.3 7 feet; thence deflect
right at an angle of 25 degrees 59 minutes 28 seconds for a distance of 462.86
feet; thence deflect right at an angle of 19 degrees 50 minutes 43 seconds for a
distance of 209.19 feet; thence deflect left at an angle of 84 degrees 27 minutes 29
seconds for a distance 76.15 feet; thence deflect 90 degrees right for a distance of
216.88 feet to the actual point of beginning of the line being described; thence
deflect left along a tangential curve having a radius of 440.0 feet (delta angle 83
degrees 47 minutes 14 seconds) for a distance of 649.29 feet and there
terminating.
Tract 3:
That part of Lots 14 and 20, Auditor's Subdivision Number 242, Hennepin
County, Minnesota, Described as follows:
Beginning at a point on the West line of said Lot 14, distant 145 feet South of the
Southerly line of Excelsior Avenue; thence South along said West line a distance
of 95 feet; thence East a distance of 275 feet along a line run parallel with the
Southerly line of Excelsior Avenue; thence South along said West line a distance
of 95 fee; thence East a distance of 275 feet along a line run parallel with the
Southerly line of Excelsior Avenue; thence North along a line run parallel with
the West line of said Lot 14 to the South line of Lot 17, said Addition; thence
West, along the Southerly line of lots 17, 16, and 15, said addition and along said
Southerly line extended to the point of beginning.
All according to the plat thereof on file and of record in the office of the Registar
of Deeds, in and for Hennepin County, Minnesota.
Tract 4:
Those parts of Lots 14, and 20, and 23, Auditor's Subdivision Number 242,
Hennepin County, Minnesota, described as follows:
Commencing at the Southeast corner of Section 24, Township 117, Range 22;
thence North, along the East line of said Section 24, a distance of 953.32; thence
Westerly, deflecting to the left 112 degrees 38 minutes 17 seconds, a distance of
538.92 feet; thence Northerly, at a right angle, a distance of 275.83 feet; thence
Westerly, at a right angle, a distance of 33.0 feet to the actual point of beginning;
thence Southerly at a right angle, along a line hereinafter referred to as "Line A" a
distance of 8.27 feet; thence Southerly a distance of 126.88 feet along a tangential
curve to the right having a radius of 167.00 feet to the intersection with the
Northwesterly right-of-way line of HENNEPIN COUNTY STATE AID
HIGHWAY NO.3, Plat 16, as recorded in Book 4, of Highway Plats, page 4, in
the office of the County Recorder, County of Hennepin; thence Southwesterly
along said right-of-way line to the Northeasterly right-of-way line of the Chicago
and North Western Railway Company (formerly the Minneapolis & St. Louis
Railway Company); thence Northwesterly along the last described right-of-way
line to the West line of said Lot 14; thence North along said West line a point
240.00 feet South from the Northwest corner of said Lot 14; thence East, parallel
with the North line of said Lot 14 and its extension, a distance of 275.00 feet;
thence North parallel with the West line of said Lot 14, a distance of94.53 feet to
the South line of Lot 17 in said Auditor's Subdivision; thence East, along said
South line, a distance of 3.50 feet to the intersection with a curve concave to the
East Which has a radius of 473.00 feet and is tangential with the aforementioned
"Line A," thence Southerly along the last described curve to the actual point of
beginning.
Lot 12, Auditor's Subdivision No. 242, Hennepin County, Minnesota.
The East 70 feet of the North 210 feet of Lot 13, Auditor's Subdivision No. 242,
Hennepin County, Minnesota.
That part of the North 210 feet of Lot 13, Auditor's Subdivision NO. 242,
Hennepin County, Minnesota lying west of the East 70 feet thereof, also that part
of said Lot 13 lying south of the North 210 feet therefore.
North 19 feet of the East 50 feet of Tract B, Registered Land Survey No. 823,
Hennepin County, Minnesota.
Lots 1 and 2, Block 1, Luther Walser Hopkins Addition
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use
Permit CUP06-3 is hereby approved based on the following Findings of Fact:
1. That the proposed use meets the requirements for a conditional use permit.
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP06-3 is
hereby approved subject to the following conditions:
1. That the watershed district approves the proposed development if required.
2. That the public works department approves the final drainage, utility and grading
plans.
3. That there is a screened fence along the entire south property line that abuts the
residential zoning district.
Adopted this 3rd day of October 2006.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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