Cond. Use Permit-Hung Van DinhPrimary Issues to Consider.
o Will the proposed building impact the, surrounding area
o What are the conditions of the Redevelopment Agreement between
the owner and the HRA?
Supporting Information.
o Location Map
o Site Plan
o Resolution Z89 -7
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S. Anderson
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June 19, 1989 K Planning Report: CUP89 -8
CONDITIONAL USE PERMIT - HUNG VAN DINH
408 East Excelsior Avenue
Purpose.
Staff recommends the following motion: "Move approval of Resolution
No. Z89 -7 recommending approval of construction of a 3270 square foot
building at 408 East Excelsior Avenue."
Approval of this motion will allow construction of a 3270 square foot
retail building.
Overview.
The applicant is proposing to construct a 3270 square foot building at
408 East Excelsior Avenue. Currently there is a vacant and
dilapidated building on the site. This building will be removed.
The applicant would undertake this project in conjunction with public
assistance being provided for the demolition of the existing structure
on this site The HRA, at a recent meeting, approved financing for
the project.
The applicant also owns the land on both sides of the subject site.
There is a liquor store to the west and an office building to the
east. Since the applicant owns the adjacent land, the redevelopment
of 408 East Excelsior will provide an opportunity to upgrade the other
property. The liquor store to the east will be redone so the new
building and the existing building will appear as one.
The applicant needs a Conditional Use Permit because the cost of
construction is over $150,000.
Staff is recommending approval because of the improvement to the site
and the area.
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Detailed Background.
Site Characteristics
The subject site is situated between a liquor store to the west and a
vacant office building to the east. An alley separates the
residential district from the applicants property. Super Valu is
located to the north and a residential area to the south.
Access
The access to the site will be from the existing curb cuts on Monroe
Avenue, Milwaukee Street, and Excelsior Avenue. A new curb cut is
proposed on Jackson Avenue. An existing curb cut on Excelsior Avenue
will be closed.
In the future, the curb cut on Milwaukee Street may be closed because
of the changes with the Super Valu access. The changes in the Super
Valu access will not affect this site significantly.
The applicant has discussed with the Director of Engineering moving
the new curb cut on Jackson Avenue further north toward Excelsior
Avenue. The Director of Engineering has approved the curb cut toward
Excelsior.
Landscaping
The site requires eight trees. The applicant has distributed the
plantings on three islands on the three lots for a unified look. The
landscape plan also shows 19 shrubs on the three sites. Instead of
sod as the site plan reflects, the applicant is proposing rock because
it is easier to maintain.
Grading /Drainage
The Director of Engineering has reviewed the drainage and found it
acceptable. The site will use surface drainage as is currently used.
Fire Marshal
CONDITIONAL USE PERMIT - HUNG VAN DINH
CUP89 -8
Page 2
The Fire Marshal has reviewed the plans and noted that the proposed
building is required to be sprinkled.
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Exterior Surface
CONDITIONAL USE PERMIT - HUNG VAN DINH
CUP89 -8
Page 3
The new building will have a brick and stucco exterior. The brick
will attempt to match the brick on the existing building to the west.
The stucco trim will accent the building along the top of the building
and around the doors. The stucco trim will also be on the liquor
store to the west.
Compliance with the Ordinance
Required Proposed
Front Yard 20 ft. 59 ft.
Rear Yard 25 ft. 25 ft.
Side Yard - E 0 4 ft.
W 0 0
Lot Area 3,000 sq.ft. 10,800 sq.ft.
Lot Width 25 ft. 90 ft.
FAR 1.5 .28
Height 45 ft. 14'4"
Zoning /Guide Plan
The current zoning of the subject site is B -3. The B -3 district
allows retail uses.
The existing Comprehensive Plan designates the subject site as B2,3.
The new plan designates the site as commercial.
The use as proposed complies with land use of both the zoning and the
Comprehensive Plan.
Parking
The new building will require 15 parking spaces. The site plan shows
18 parking spaces on 408 East Excelsior. However, since all three
sites will share a common lot, it probably is wiser to evaluate the
parking situation on all three sites.
All three sites require 44 parking spaces. The site plan shows 48
spaces. Overall, the site has enough parking.
Time Schedule
The applicant is proposing the demolition of the vacant building this
year.
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CONDITIONAL USE PERMIT - HUNG VAN DINH
CUP:89 -8
Page 4
Primary Issues to Consider.
o Will the proposed building impact the surrounding area?
The impact to the area should be a positive one. The new building is
an improvement to the site and area. The existing building on the
site is old and deteriorating. The existing building also creates a
traffic visibility problem because it is so close to Excelsior Avenue.
Along with the new building, the liquor store to the west will have
its facade upgraded to match the new building. The new building and
the liquor store will appear as one building.
The residential area to the south is separated from the subject site
by an alley. This alley provides a buffer from the business area.
Although there is parking behind the buildings, most activity will
take place in the front.
o What are the conditions of the Redevelopment Agreement between the
owner and the HRA?
The HRA Board has approved a motion to finance a portion of this
project. Specifically these would involve payment of demolition costs
which are estimated at $12,000.
A Redevelopment Agreement would be executed between the HRA and the
property owner. This agreement would require that the new
construction take place by 1990. If this does not occur, he would be
required to reimburse the HRA for the demolition costs it had paid.
The subject site, following demolition and prior to new construction,
will be improved for parking.
The following are the conditions of the Redevelopment Agreement:
- demolition of existing building at 408 East Excelsior Avenue
within 90 days of execution of the Redevelopment Agreement.
- new construction to start no later than July 1, 1990. The HRA
Board would consider an extension for justifiable reasons.
- the new construction would have to be completed within six
months from the start date.
- if the owner is unable to undertake the new construction as
detailed in the Redevelopment Agreement, he would be required
to repay the Authority for the demolition costs in monthly
installments over a three year period at prime rate.
- Landscape plans could be altered at a future date depending
upon what happens with the roadway system in this area re:
Super Valu /Red Owl redesign.
- site would have to be improved with 1 1/2 inches of asphalt
with acceptable base following demolition and prior to new
construction. If new construction .is not undertaken, the site
- landscaping provided immediately following demolition
- execution of acceptable guarantee agreement
Alternatives.
CONDITIONAL USE PERMIT - HUNG VAN DINH
CUP89 -8
Page 5
1. Approve the Conditional Use Permit as proposed with
Conditions. By approving the Conditional Use Permit the
applicant will be able to redevelop the site.
2. Deny the Conditional Use Permit. By denying the Conditional
Use Permit, the proposed building will not be able to be
constructed.
3. Continue for further information. If the Commission feels
that further information is needed, the item should be
continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: Z89 -7
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL
OF APPLICATION FOR CONDITIONAL USE PERMIT CUP89 -8
WHEREAS, an application for a Conditional Use Permit
entitled CUP89 -8 made by Hung Van Dinh,
408 East Excelsior Avenue, to construct a 3270
square foot addition is recommended for approval.
WHEREAS, the procedural history of the application is as
follows:
1. That an application for Conditional Use
Permit CUP89 -8 was filed with the City of
Hopkins on June 2, 1989.
2. That the Hopkins Planning Commission reviewed
such application on June 27, 1989.
3. That the Hopkins Planning Commission,
pursuant to published and mailed notices,
held a public hearing on June 27, 1989: 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
Conditional Use Permit CUP89 -8 is hereby
recommended for approval subject to the following
Findings of Fact:
1. That the proposed development meets the
requirements of the B -3 District.
2. That the proposed development is an
improvement to the site and the area.
BE IT FURTHER RESOLVED, that application for Conditional Use
Permit CUP89 -8 is hereby recommended for approval
subject to the following Conditions:
1. That the applicant follow the conditions of the
Redevelopment Agreement.
Adopted this 27 day of June, 1989.
Edward Anderson, Chairman