Rezoning-Leadens•
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Issues to Consider.
o Has there been any
court decision?
o Does the applicant
0
November 21, 1988 rK , Planning Report: ZN88 -5
REZONING - LEADENS
7 Blake Road South
Proposed Action.
Staff recommends approval of the following motion: Move that 1202 East
Excelsior Avenue and the north 13 feet of 7 Blake Road south is
rezoned to B -1
This motion will make the existing building conforming while limiting
the uses on the site
Overview.
The applicant owns 1202 East Excelsior Avenue, the site of Leadens
Investigations, 7 Blake Road South, an empty lot, and 11 Blake Road
South, a single family home. The existing dividing line between B -3
and R -1 -C is 74 feet from Excelsior Boulevard. This zoning line runs
through the applicants building. The existing building and use are
legal non - conforming. Before the applicant knew where this line
existed, he requested the rezoning of the north half of 7 Blake Road
to B -3
When the placement of the zoning line was discovered, the staff worked
with the applicant to change his request and to come up with a
solution that both the neighborhood and he would be content with
The applicant is requesting a rezoning of 1202 East Excelsior Avenue
and the northerly 13 feet of 7 Blake Road South from B- 3 /R -1 -C
The applicant has also requested a waiver of the plat to divide 7
Blake Road South.
Supporting Documents.
o Location map
o Site plan
YinlikUn
Nancy:. Anderson
Community Development
Analyst
changes in the area since the 1970
have any other options?
Background
Resolution
1
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Issues to Consider.
ZN :88 -5
Page 2
Detailed Background.
The applicant is proposing to construct a 1400 -1600 sq. ft. addition
to the south of the existing building. The applicant needs a rezoning
to construct this addition since the area that the addition is to be
constructed on is zoned R -1 -C.
The site plan also shows a wood fence along the lot lines to provide
privacy between the homes and his business. Some wooden privacy
fencing already exists
The addition will not need approval from the Zoning and Planning
Commission or City Council since the cost is under $150,000.
If the waiver of the plat is also granted, the applicant is proposing
to construct a new single family home on the combined site of 7 and 11
Blake Road South.
- Has there been any changes in the area since the 1970 decision?
There have been small changes in the area since the 1970 decision.
The biggest change is the use of the building at 1202 Excelsior from a
gas station to an office use Also Westside Village has been
constructed to the north of the subject property.
The City has never disputed that this corner should not be commercial.
The problem in the past was how much of the corner should be
commercial. Since Mobile Oil was allowed to construct a gas station
on the corner, the dispute on where the zoning line was settled by the
Minnesota Supreme Court in 1970. Now the applicant has a non-
conforming building and use and also an unbuildable residential lot.
The best solution, in the staffs opinion, is to rezone the applicants
property B -1 and the northerly 13 feet of 7 Blake Road. This would
make the applicants property a conforming use. The B -1 zoning is a
limited business district which is more compatible to a residential
district. Enclosed is a listing of the B -1 uses. The staff is
recommending that the south 35 feet of 7 Blake Road South is combined
with 11 Blake Road South to create a conforming R -1 -C lot. The staff
feels that both Mr. Leaden and the neighborhood would benefit from
this solution. Mr. Leaden would have a conforming building and use
The neighborhood would have a new conforming lot, new home and uses on
the corner that are more compatible with a residential neighborhood.
ZN88 -5
Page 3
Does the applicant have any other options?
If 1202 Excelsior Avenue is not rezoned, the applicant cannot
construct an addition or really do anything with 1202 Excelsior.
Because the zoning line runs through the applicants building, the use
and building are legal non - conforming. This means that if the
building were destroyed 50% or more, the applicant could only rebuild
the building on the B -3 area.
7 Blake Road is a small empty lot. A home cannot be constructed on
this lot because it is too small. 7 Blake Road would have to be
combined with another lot to provide the necessary area for
construction of a home.
Alternatives.
1. Deny the request. This alternative would leave the
property as is with the residential /commercial zoning
line 74 feet from Excelsior Avenue.
2. Rezone 1202 Excelsior Avenue and the north 13 feet of 7
Blake Road to B -1. This would make the applicants use on
the property conforming and would leave a conforming R -1-
C lot. Any B -1 use could be used on this site.
3 Continue for further information. If the Commission
feels that additional information is needed, the item
should be continued.
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(24)29 2
AVENUE
(35) (36)
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(40) (41)
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15
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Hopkins City Code (Zoning)
Section 535 - Zoning: business districts
535.01. Business districts. Subdivision 1. Description. The business (B) districts
are in three categories designated as B -1, B -2 and B -3.
Subd. 2. The permitted uses of any land or structure in a B district are those
uses indicated by the mark "X" and shall be further subject to 'those certain special
limitations, requirements and regulations pertaining to those B district uses
specially designated by the following marks: (1), (2) and (3).
(1) means that the use is prohibited on the ground floor;
(2) means that a conditional use permit is required;
(3) means not more than three devices allowed.
Subd. 3. Capital letters following any "X" mark indicate that the use or uses
permitted are subject Co and are set forth in the provisions of separate p;aragraphr,
contained in subsection 535.03 which corresponds to the capital letter or letters sit
forth in this subsection.
PERMITTED USES
B -1
535.01
B -2 13 -3
11111 Airport
. Amusement devices subject to permit (3)XBB 3 ti
3. Appliance store ( ) (3)XBB XBB
X X
4. Art shops - pictures X 5. Auction public or private X
6. Auto repair (1)X X
7.
Auto accessory and parts X
8. (1)X
Auto sales and /or lease
9. Auto wash subject to permit (2)XA
10. Armory, auditorium, exhibit hall X
(2)XB (2)XB
11. Bakery
12. Banks, savings and loan X X
13. Bar - Tavern X (2)XV
14. Beauty or barber shop X X
15. Boat — marine sales X X X
16. Books - office supplies X
17. Bottling plant not in excess of X X
6,000 sq. ft. X
18. Boutiques
19. Bowling - table tennis, pool hall
20. Broadcasting (T.V. - radio)
22.
Bus and other transit
23. Business school
Cabinet - electrical, heating,
plumbing, upholstery, air condition -
ing provided the operation does not
exceed 6,000 sq. ft.
(2)XJ X (2)XJ
(2)XU X X
X X
X X
(1)X X
•
Hopkins City Code (Zoning) 535.01, Subd. 3, 26:
26. Camera - photographic
27. Carpet and floor covering X
28. Clinics X X
29. Clothing store X X X
30. Clubs (private - non profit) X
(l)XC (2)XC
31. Coin and stamp
32. Commercial greenhouse X X
(2)XD
33. Costume & formal wear rental
34. Cycle shop and snowmobile X X
( X
36. Day nursery
38. Delicatessen
39. Department store
40. Dental - Med. Lab
(2)XE (2)XE (2)XE
42. Drive-ins (non food)
43. Dry cleaning and laundry ( (2) XI
44. Dry cleaning and laundry pickup ()X X
Y P� P X X X
46. Employment agency
1147.
Essential public service & utility X X
structures X
48. Fabric and sewing store
49. Fixit shop (2)X1 X
50. Florist (2)XY XY XY
X X X
52. Furniture store
X X
54. Garden and landscape (2)XZ
55.. Gifts and novelties (2)XZ (2)XJ
56. Glassware, china, pottery (2)XJ X (2)XJ
57. Glass and mirror installation X X
X
59: Grocery, fruit, vegetable
61. Hardware
62. Health clubs - studio
63. Hobby - crafts - instruction
64. Hotel - motel
66. Human care clinics
68. Interiors - decorating studio
70. Jewelry
72. Karate, health club, dance studio
X
B -1
(2)XL (1)X
B -2 B -3
X
X
( X
X X
(2)XK (2)XK
Hopkins City Code (Zoning) 535.01, Subd. 3, 74.
B -1 B -2 B -3
74. Leather goods - luggage X
75. Library - public or private X X
76. Liquors X X
78. Locker plan - 6,000 sq. ft. maximum X
79. Locksmith and fixit shop (2)XY (2)XY
80. Lumber and related items X
82. Meats
h X
83. Mortuary X X
84. Motor fuel station (2)XM
85. Motors repairing X
86. Music store
88. Newsstand
X
X
90. Offices
91. -Open sales lot
92. Optical - jewelry mfg.
93. Orthopedic - medical supplies
(sales and manufacturing)
95. Paint and wallpaper X `,
6. Parking ramps and lots
7. Pawn shop - antiques - used materials X
X X
99. .Pharmacy - drug store X X
100. Photography studio X X
101. Picture framing - art shop X X
102. Pipe - tobacco shop X
104. Post office X
105. Print shop (2)XP X
106. Public auction (see auction) X
108. Records, TV, radio, sound, phono X
109. Religious institutions, etc.
110. Rental service
111. Research labs
112. Residential
113. Restaurant - cafe - tea room
114. Restaurant drive -in
115. Restaurant- quick order
117. Roller rink ice arena
119. Shoes - boots store
120. Sporting goods
(2)XN X X
(2)XO (2)X0 (2)X0
( X
X
x X
(
(2)XT
(2)XH (2)XH (2)X
X X X
(
(2)XS
X
Hopkins City Code (Zoning)
535.01, Subd 3, -121
B -1 B -2 B -3
121. Stationary - card shop
122. Stone monument sales X X (2)XJ
X
124. Tailoring
125. Taxidermist X X
126. Taxi terminal X
X
128. Theater non- drive -in
129. Tires battery, X X
y, accessory & recap X
131. Trade school
132. Truck - trailer sales
134. Variety stores
135. Veterinary clinic
137. Warehouse 16,000 sq. ft. maximum
(1)X
AREA AND YARD LIMITATIONS
Uses permitted in any B district category subject to the following minimum floor
11111 lot area, lot widths, yard requirements, and building heights, in feet.
B -1
B -2 8 -3
Lot area sq. ft. 5,000
Lot width ft. 3,000
Floor area requirement .
1.0
F.A.R. 0 20 25
6 1.5
Front yard 20
Front yard - P.U.D. 1 1
Side yard 10
Rear yard 0 0
Requirements for lots fronting state 10 10 15
and county roads, as follows
Front yard
Side yard 20
Building height 10
Front yard of B lots abutting 25
R district 1/2 of the required R district
Side yard abutting R district same as R district
Rear yard abutting R districT same as R district
Rear yard from alley 20
Building height 10 15
25 70 45
20
X
(2)XAA
X
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E X I S T I N G 1
LEGAL DESCRIPTION (COMBINED)
The west 133.00 feet of the south 93.26 feet of Lot 77, Auditor's Subdivision
No. 239, Hennepin County, Minnesota.
Together with:
That part of said Lot 77, described as follows: Beginning at the Northwest
corner of said Lot 77; thence South along the West line thereof to a point,
93.26 feet north from the Southwest corner. thereof; thence east, parallel with
the South line, 133.00 feet; thence north, parallel with the West line, 54.74
feet; thence east, parallel with the South line, 33.00 feet; thence north,
parallel with the West line, to the north line of said Lot 77; thence westerly
to the point of beginning.
Excepting therefrom that part taken for Hennepin County Road 20.
PROPOSED DESCRIPTION - TRACT A
The south 13(.d feet of the west 133.00 feet of Lot 77, Auditor's Subdivision
No. 239, Hennepin County, Minnesota; lying easterly of Hennepin County Road No.
20.
PROPOSED DESCRIPTION - TRACT B =c=a
That part of the westerly 133.00 feet of Lot 77, Auditor's Subdivision No. 239,
Hennepin County, Minnesota, lying northerly of the south S().0 feet, easterly of
Hennepin County Road No. 20, and westerly of the following described line:
Beginning at the Northwest corner of said Lot 77; thence South along the West
line thereof to a point, 93.26 feet north from the Southwest corner thereof;
thence east, parallel with the South line, 133.00 feet; thence north, parallel
with the West line, 54.74 feet; thence east, parallel with the South line, 33.00
feet, thence north, parallel with the West line, to the north line of said Lot
77; thence westerly to the point of beginning.
PROPOS p o 5 \ T O
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RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLICATION FOR REZONING ZN:88 -5
WHEREAS, an application for Rezoning ZN:88 -5 made
by William Leadens, 1202 East Excelsior Avenue, to rezone
from R -1 -C to B -1 from Excelsior Boulevard to the north line
of the 48.36 foot empty lot adjacent to 7 Blake Road South
is approved.
WHEREAS, the procedural history of the application
is as follows:
1. That an application for rezoning ZN:88 -5 was
filed with the City of Hopkins on November 4,
1988.
2. That the Hopkins Planning Commission reviwed
such application on November 29, 1988.
3. That the Hopkins Planning Commission, pursuant
to published and mailed notices, held a public
hearing on November 29, 1988, December 27, 1988
and January 31, 1989; all persons present at
the hearing were given an opportunity to be
heard.
That the written comments and analysis of the
City Staff and the Planning Commission were
considered.
NOW THEREFORE BE IT RESOLVED, that application for
Rezoning ZN:88 -5 is hereby approved subject to the following
Findings of Fact:
1. That the rezoning to B -1 of 1202 East Excelsior
Avenue would make the existing use and building
conforming.
Z. That the rezoning of 1202 East Excelsior Avenue
and the north 13 feet of 7 Blake Road South to
B -1 is more compatible to the residential
district to the east and south.
3 . That the remaining portion of 7 Blake Road
South combined with 11 Blake Road South will
create a more conforming R -1 -C lot.
Adopted this 7 day of February, 1989.
Donald J. Milbert, Mayor
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 89 -1