Contracters Yard t Y
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September 20, 1993 Planning g Re ort p
O P K
CONTRACTORS YARD CLIFF LAMBERT
Proposed Action.
Staff recommends the following motion: Move to recommend that the City Council direct the
City Attorney and staff to undertake the necessary action to insure compliance of the
conditional use permit for Lambert Landscaping at 1402 5th Street South.
This action may involve undertaking legal action which would revoke the conditional use
permit or compliance with the building code
Overview.
On May 7, 1991 Cliff Lambert was granted a conditional use permit to operate a contractors
yard at 1402 5th Street South. This conditional use permit required Mr. Lambert to comply
with a number of conditions. (see attached Resolution 91 -62)
Following Mr. Lambert's initial conditional use permit approval by the City, Mr. Lambert
returned a few months later to amend his conditional use permit to allow construction of a
permanent building on the site. Mr. Lambert was given approval to construct a permanent
building.
The conditional use permit requires a review of the conditional use permit by the Commission.
Mr. Lambert has complied with all the conditions except #4 and #14 as noted in the original
adopted resolution which granted the conditional use permit (see attached). 14th Avenue will
not be vacated until all the other conditions have been met. The biggest problem on the site is
the illegal temporary building Mr. Lambert is using for an office. This building has been used
by Mr. Lambert since he moved to the site. The conditional use permit only allows this
building to be used as a temporary office building if a building permit is obtained for the
permanent building. Technically, due to various code requirements, the City should not allow
Mr. Lambert to use the construction shack on the site for an office. However, when originally
approved Mr. Lambert indicated that he would build a permanent building in the near future.
As a result,- the City agreed to allow Mr. Lambert to use the building provided he built a
permanent building. As of this date no building permit has been obtained for a permanent
building.
Primary Issues to Consider.
o What action did the Planning Commission take in April?
o What action is the staff recommending?
o What alternatives are available?
Supporting Documents.
o Analysis of Issues
o site plan
o Resolution 91 -62
o Letter from Braun Intertec
Nancy Anderson, AICP
Primary Issues to Consider.
o What action did the Planning Commission take in April?
The area where the permanent building is to be constructed is located in the flood plain and
contains poor soils. In order to construct the building, the area where the building will be
located has been recommended to be surcharged until, October 1, 1993.
At the April Zoning and Planning meeting the Commission gave Mr. Lambert until October 1,
1993 to start construction of a building. This time was given to Mr. Lambert to complete the
surcharging of the site. Mr. Lambert has not applied for a building permit.
o What action is the staff recommending?
Staff is recommending that the Planning Commission recommend to the City Council to direct
the City Attorney and staff to undertake the necessary action to insure compliance with Mr.
Lambert's conditional use permit.
o What alternatives are available?
The only alternative for Mr. Lambert is to remove the building without constructing a
permanent building.
Alternatives.
1. Recommend to the City Council that legal action is initiated to remove the temporary
C y Co g p ary
building on Mr. Lambert's site.
2. Recommend to the City Council that no legal action is initiated. By recommending
this action, the building will remain on the site.
3. Continue for further information. If the Planning Commission indicates that further
information is needed the item should be continued.
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2 1 S Mir �S 91 Jr) .18 5 6
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 91 -62
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN
APPLICATION FOR A CONDITIONAL USE PERMIT TO OPERATE A
CONTRACTORS YARD
WHEREAS, an application for a Conditional Use Permit to
operate a contractors yard entitled CUP 90 -6 made
by Cliff Lambert is approved.
WHEREAS, the procedural history of the application is as
follows:
1. That an application for a Conditional Use
Permit CUP 90 -6 was filed with the City of
Hopkins on November 2, 1990.
2. That the Hopkins Planning Commission reviewed
such application on March 26, 1991.
3. That the Hopkins Planning Commission,
pursuant to published and mailed notices,
held a hearing on November 27, 1990, December
27, 1990, January 29, 1991, and February 26,
1991: 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 Commission were
considered.
NOW THEREFORE BE IT RESOLVED, that application for CUP 90 -6
is hereby approved subject to the following
Findings of Fact:
1. That the applicant meets the requirements for a
Conditional Use Permit.
2. That the proposed use meets the requirements for
the Flood Plain Ordinance.
BE IT FURTHER RESOLVED, that application for CUP 90-6 is
hereby approved subject to the following
Conditions:
1. That additional landscaping is added on the entire
east side of the site and 20 feet on the west.
2. That the south side fence is 8 feet in height and
constructed of wood and chain link, if allowed by
the Watershed District.
3. That the fence on the north side of the site is 8
feet in height and constructed of wood and chain
link, if allowed by the Watershed District.
4111
4. That 14th Avenue is vacated.
5. That the Planning Commission review and approve
the plans for an upgraded building prior to any
building being constructed.
6. That all the fences on the site are maintained.
7. That the applicant provide Staff with a plan
detailing the fence construction and that it is
acceptable to Staff.
8. That the watershed district approve the plans..
9. That the applicant submit a revised landscape plan
which is acceptable to Staff.
10. That the applicant provide a letter of credit 1
1/2 times the amount of improvements (the
applicant has agreed to this). Letter of Credit
will be used to finish the improvements if the
applicant does not finish them. The improvements
include landscaping, fencing and the grading of
the site.
11. That the applicant meets the requirements of the
Flood Plain Ordinance.
12. That this Conditional Use Permit is reviewed in
twelve months by the Planning Commission.
13. That the equipment and materials on the site are
kept in a neat and orderly fashion.
14. That the applicant can only use the temporary
office building if a building permit is obtained
for a permanent office building.
15. That by November 1, 1991 the applicant must have
the fencing and landscaping completed.
16. That the west driveway access is eliminated.
17. That a drainage and utility easement is obtained
for the vacated 14th Avenue.
Adopted this 7th day of May, 1991.
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk
MAR 19 '00 20:24
TO: 612 533 46TH'
BRAUN Braun Intartsc lneinssrinw, Inc.
P.Q. �4 x 3 9ington Avenue South
1NTERTEC t08
Minneopofts, Minnesota 55439.0108
612.941.5600 Fax: 941.4131
Engineers and Scientists Serving
the Built and Natural Environments
April 22, 1993 Project BABX -91 i05B
Mr. Clifford H. Lambert
Lambert's Sod and Landscaping
9722 Minnetonka Boulevard
Minnetonka, MN 55345
Dear Mr. Lambert:
Re: Surcharge Placement for the Proposed Storage Building at 1402 Fifth Avenue South in
Hopkins, Minnesota
As requested by Ms. Karla Lambert, we recently performed an observation of the building pad
for the proposed storage building to be located at Lambert's Sod and Landscaping in Hopkins,
Minnesota. The purpose of the observation was to help evaluate the current status of the
surcharged building pad with reference to planned future construction.
0
Available Information
We understand the proposed construction is a pole barn. The proposed dimensions have been
reduced by roughly one -half to about 28 by 52 feet, to occupy the north half of the original
pad. It is planned to use a spread footing foundation and a concrete slab -on- grade.
Braun Intertec previously performed soil borings and geotechnical evaluations for the proposed
construction on two occasions. The first geotechnical evaluation report (Project BABX-91-305)
was dated August 20, 1991. The report of the second geotechnical evaluation (Project
BABX- 91 -305A) was dated June 1, 1992. A review of the second report is helpful for
understanding this letter.
Results
The observation was performed on April 20, 1993, by a project engineer. The surcharge was
originally placed in October of 1992, so it had been in place for about six months at the time
the observation was performed.
At the time of the observation, the following items were noted:
The surcharge soil used was poorly graded sand with silt and gravel. The surcharge
height above the existing ground surface was about 8 to 10 feet.
MAR 19 "00 20:24
TO: 612 533 4E77
Lambert's
Project BABX -91 -3058
April 22, 1993
Page 2
The recommended settlement monitoring devices (settlement plates) had not been
installed when a surcharge was placed. We understand this was due to time constraints,
About the bottom foot of surcharge
running away from the building pad soil
rea• We understand from some you a that u noted been.
occurring continuously since the surcharge was placed. This is most likely water which
is draining from the soil due to compression of the underlying soil.
No evidence of shear failure of underlying compressible soils was noted.
Discussion and Recommendations
In our report regarding the surcharge option (Project BABX- 91- 305A), we recommended a
6 -foot surcharge be placed for a period of four to six months. We also recommended that five
settlement plates be installed so that actual settlements could be monitored.
As indicated above, the amount of surcharge soil placed was greater than the minimum
recommended, and the surcharge has been in place for the recommended time period.
However, it appears consolidation of the underlying compressible soils is continuing to occur
due to the greater surcharge load. This is based on the moisture content of the lower part of
the surcharge soil as noted above. As the underlying soils are being compressed by a
surcharge, excess pore pressures are causing water to be transferred from the compressible soils
into the relatively permeable granular soils overlying them.
It is our opinion the surcharge should remain in place until the proposed start of construction
on October 1, 1993. It can be removed at that time. This will allow time for additional
consolidation of the underlying soils and may reduce the anticipated additional long -term
maintenance costs for the structure.
We do recommend settlement plates be installed to monitor settlement during the remaining
proposed surcharge period.
General
Services performed by the geotechnical and materials engineers for this project have been
conducted with that level of care and skill ordinarily exercised by members of the profession
currently practicing in this area under similar budget and time restraints. No warranty,
expressed or implied, Is made.
MAR 19 '00 20:25
TO: 612 533 4677
Lambert's
Project BABX- 91 -305B
April 22, 1993
Page 3
Thank you for using Braun Intertec. If you have any questions, please call Dan Burns at
(612) 942 -1763 or Loren Braun at (612) 942.4817.
Sincerely,
Daniel R. Burns
Project Engineer
Professional Certification
I hereby certify that this report was prepared by me or
under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of the
State of Minnesota.
0 L,\_ \.A/
Loren W. Braun, P.E.
Senior Engineer
Registration Number: 14969
Date: April 22, 1993
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