CR 06-112 Conditional Use Permit-Auto Sales Lot 499 Mainstreet
C\TY OF
September 27, 2006
m
Council Report 06-112
HOPKINS
CONDITIONAL USE PERMIT - AUTO SALES LOT 499 MAINSTREET
ProDosed Action.
Staff recommends the following motion: Move to adopt Resolution 06-66. approving a
conditional use permit for The Walser Automotive Group to expand their auto sales lot at 499
Mainstreet.
At the Zoning and Planning Mr. Aarness moved and Mr. Hatlestad seconded a motion to adopt
Resolution RZ06-25, recommending approval of a conditional use permit for The Walser
Automotive Group to expand their auto sales lot at 499 Mainstreet. 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. Luther was granted
an amendment to their conditional use permit for auto sales and a site plan approval in January
2006 to move Town and Country Dodge, which is currently located on Highway 7. Now Walser
is proposing to add the Dodge line to Walser Chrysler Jeep. Walser Chrysler Jeep will become
Walser Chrysler Jeep Dodge and operate from both 314 and 499 Mainstreet.
The former Burger King building was removed earlier this year, and now Walser is proposing to
raze the Walser leasing building located at 317 Mainstreet. The former Burger King site and
Walser leasing building area will become a vehicle inventory area.
The former Hopkins Honda site will be used as an indoor showroom and car prep area. All
service will be done from the 314 site.
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?
SUDDortine: Documents.
. Analysis of Issues
. Site Plans
. Conditions from 1985
. Resolution 06-5
. Resolution 06-66
~
Nancy . Anderson, AICP
Planner
Financial Impact: $_N/A_Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR06-112
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:
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. (Amended Ord. 90-672)
(AmendedOrd.94-747)
lighting of the sales lot shall be totally from indirect lighting;
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;
the auto sales lot shall not include vehicles over a 9,000 lbs. rated weight;
no vehicles which are unlicensed and/or inoperative shall be stored on the premises;
(Added Ord. 96-787)
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)
11. used car lots shall be permitted only when an integral part of a new car dealership.
(Added Ord. 05-941)
3.
4.
.
5.
6.
7.
Does the proposed sales lot comply with the requirements for a conditional use permit?
The following aspects of the site plan comply with the conditional use permit:
The square footage of the building at 499 Mainstreet is 34,950 square feet and the
sales/inventory lot is 33,306 square feet.
The new parking areas will have the required 20- foot setback with landscaping along
CR06-112
Page 3
Mainstreet.
The lighting will be indirect. New lighting will be on the former Burger King and Walser
leasing sites. The lighting will have cut-off shields to direct the light away from the
residential neighborhood.
The fencing on the former Honda site will be six-feet on the north side of the site
stepping up to an eight-foot fence along the entire north side of the site. The six-foot
fence along First Street was approved in February as part of Luther's amendment to the
conditional use permit.
. 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. Vehicles will
not be repaired on this 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. 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 amending the conditional use permit to expand the auto sales lot. By approving the
conditional use permit, the applicant will be able to expand the auto sales lot at 499
Mainstreet.
2. Deny amending the conditional use permit to expand the auto sales lot. By denying the
conditional use permit, the applicant will not be able to expand the auto sales lot at 499
Mainstreet. 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.
1985 CITY COUNCIL CONDITIONS
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npl-'ruv~ WI toll IUlluwlny dlnenamen1::
Mr. Shirley moved and Mr. Anderson seconded the motion to
ove the application with the following conditions: (1) that
agreement be entered. into with the City and applicant to
vent Rudy Luther's Hopkins Hotors fr'om expanding in'to the
~idential dlstr-ict for development, including parking
purposes; (2) that an agreement be entered into that would
provide for the current location of t.he 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 claim any partial taking
involving the operation on their new site, waivers be a period
of three years (all these relate to possible condemnation or
use of the property Cor development purposes); (J) that there
would be no external" loud speaker' system; (4) appr'oval by the
Fir e Mar s h a 1 ; ( 5 I ad J .J S tm en t s top ark 1 n g t 0 sat i s f Y s t a f f
con ce rn ing maneuve rabili ty (or the public parking; (6 )
limitations on test-driving within the ["esidential area; (7)
maintenance of landscape a["eas on City property; (8) acceptable
lands caping i n1 ud ing r ences ,and/o r berms accep table to s tafr
and neighbors; (9) screening of mech"anlcal devices; (10)
arC-street loading and unloading or parts ~nd cars; {Ill
contingent upon approval of the variance in the next item. AS
poll of the votes was as folloW's: Mrs. Lavin, Nay; Hr.
Shirley, Aye; Mr. Hilbert., Aye; Mr. Anderson, Aye; Mayor
Miller. Aye. The motion carried.
.
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 of the application is as follows:
1. 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 of lot 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 Avenue North
and that 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
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 06-66
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN AMENDMENT OF A CONDITIONAL USE PERMIT
FORAN AUTO SALES LOT AT 499 MAINSTREET.
WHEREAS, an application for Conditional Use Permit CUP06-4 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
Automotive 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:
Lots 9, 10, 11, 14, and 15, Block 5, Parkridge Addition 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 of lot 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
CUP06-4 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 CUP06-4 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 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 Avenue North
and that Walser will work with the property owners to determine the type of
fence.
5. That Walser will work with the City to determine if planting vegetation on the
north side of the fence along First Street is possible.
Adopted this 3rd day of October 2006.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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SITE PLAN
LANDSCAPE PLAN
LIGHTING PLAN
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ARCHITECTS &
CONTRACTORS, lTD.
22:1 CcIhDc Av..... NortI1
SUUl00
M~.MN 55405
Ph. (612)377'3333 F8<(612)377-7337
I HEREllY CEIUIFY lHATTHSP1.NI.
5f'ECIFlCA'I1ON. OR REPORT WMPREPARED
flY ME OR UNDER MY DIRECT 5UI'ERYI5lON
ANDlHAT lAMA DUL YUCENSED
ARCKTECT UNDER THO LAWSOF THO
5TATEOFMNlESOTA
DeMAI'Ii1Jpe
17387
REG. NO.
DATE 9/6/06
I56UE/REYI5ION:
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PROJECT NO.
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