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Commission Minutes ZONING AND PLANNING COMMISSION MEETING MINUTES April 25, 1995 A regular meeting of the Zoning and Planning Commission was held on Tuesday, April 25, 1995, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission members David Day (arrived late), Bill Gullickson, John Hutchison, Chairperson Dan Johnson, William Schumacher, and Council Representative Bob Anderson. Commission members Kate Kinnich and John Racek were absent. Also present were staff members Nancy Anderson and Steve Stadler, Public Works Director, and City Attorney Jerre Miller. CALL TO ORDER APPROVAL OF MINUTES Mr. Hutchison moved, Mr. Gullickson seconded, a motion to approve the minutes of the March 28, 1995, meeting. The motion carried unanimously. CASE NO. ZN95 5 ORDINANCE AMENDMENT -ADULT USES Ms. Anderson reviewed the recommendation to approve amendment of the Zoning Ordinance and City Code regarding adult- oriented businesses. The Commission had several questions of Ms. Anderson and Mr. Miller regarding the wording and application of the changes. The Commission also noted one typographical error in Sec. 18, Section 1 165.25, subd. 2 (g): the word "of' appearing the second time in the paragraph should be "or." Ms. Anderson and Mr. Miller will review the ordinance and revise it to incorporate the recommended changes. The public hearing was opened at 6:40 p.m. No one came forward from the audience to speak on this item. Mr. Hutchison moved and Mr. Gullickson seconded a motion to close the public hearing at 6:41 p.m. The motion carried unanimously. Mr. Gullickson moved and Mr. Shumacher seconded a motion to approve RZ95 12 with recommended changes. The motion carried unanimously. CASE NO. ZN95 3 ZONING AMENDMENT STORAGE AREAS Ms. Anderson reviewed the recommendation to approve the ordinance requiring the screening of existing open storage areas and outlined the changes to the ordinance since the last reading. Mr. Day arrived at the meeting. MINUTES OF THE ZONING AND PLANNING COMMISSION MEETING Page 2 The public hearing was opened at 6:48 p.m. Vince Schreier, 321 Madison, came forward representing a large group in the audience desiring that 90% coverage be added to the ordinance. Steve Shaw, 301 Monroe Avenue North, came forward in favor of 90% coverage also. He stated that the ABM situation is unique because it abuts a residential area, and Second Street is elevated so fence height should be higher. Jim Barber of Barber Construction Company stated that fencing would negate the lighting of his property to deter vandalism. Shelly Klassy of Madison Circle South stated she was embarrassed to direct people to her home via Second Street. Jim Justus of Justus Lumber Company stated he appreciated the removal of paving from the ordinance but still feels security is an issue and wants his product to be seen. He also mentioned the expense of screening. He questioned the necessity of making the ordinance so "wide- sweeping." Ron Martens, president of ABM, came forward to say he is waiting to do the screening when the ordinance is final. His present fence is 8 feet; storage is 14 feet. Phyllis Lowe, 220 Madison Circle South, asked for a 15 -foot fence and stated that the present fence was falling down and unsafe. Vince Schreier spoke again, apologized, said he hoped it could be worked out. There was discussion with all the speakers and the Commission. Mr. Hutchison moved and Mr. Shumacher seconded a motion to close the public hearing at 7:12 p.m. The motion carried, unanimously. The Commission discussed the issues brought up at the public hearing, including the possibility that property abutting residential could be covered differently, and noted that these existing business are still being grandfathered not to pave, etc. Ms. Anderson proposed to rewrite the ordinance to require property abutting residential to have more screening, consider retail use, and security issues. Chairman Johnson told the audience they would try to refine the ordinance. Mr. Hutchison moved and Mr. Day seconded a motion to continue the matter to the next meeting and asked staff to revise the ordinance based on the proposals discussed. The motion carried unanimously. Mr. Miller reminded the audience to attend the next meeting in one month. Mr. Hutchison mentioned the HBCA request for a task force. Staff will advise the HBCA of the action at this meeting and let them review the second revision. Vince Schreier thanked the Commission and Ms. Anderson told him she would send him the revised ordinance. CASE NO. ZN95 4 REZONING 17th to 20th AVENUES Ms. Anderson reviewed the recommendation to approve the ordinance to rezone this area from R -2, Low Density Multiple Family, to R -1 -B, Single Family High Density, in response to the request of the Strategic Planning Commission. The public hearing was opened at 7:35 p.m. Merrill Burgstahler, 136 18th Avenue South, came forward with questions about how this would affect his property. Violet Tweed, 145 20th 410 Avenue South, also questioned the impact on the value of her house. Ms. Anderson explained the background for rezoning to single family. Mr. Hutchison moved and Mr. Day seconded a motion to close the public hearing at 7:46 p.m. The motion carried unanimously. MINUTES OF THE ZONING AND PLANNING COMMISSION MEETING Page 3 Mr. Hutchison moved and Mr. Gullickson seconded a motion to approve RZ95 9. The motion carried unanimously. CASE NO. CUP95- 3-- CONDITIONAL USE PERMIT, RAPID OIL CHANGE, AND CASE NO. VN95 -1 VARIANCE- -SIDE YARD SETBACK Mr. Hutchison suggested the Commission consider both Rapid Oil Change cases together. Ms. Anderson recommended approval of the conditional use permit and approval of a ten -foot setback variance. Mark Gilbertson of Rapid Oil Change in Plymouth presented plans for their building and a letter from The Blake School. He explained how their plans took future County Road 3 improvement into consideration. The Commission asked several questions and discussed the opaque /transparent glass issue. Public hearing opened at 8:04 p.m. No one came forward to speak. Mr. Hutchison moved, Mr. Gullickson seconded, a motion to close the public hearing at 8:05. The motion carried unanimously. Mr. Hutchison moved and Mr. Gullickson seconded a motion to approve RZ95 10, recommending approval of a conditional use permit, with the modification that opaque glass not be required and RZ95 -11, recommending approval of the ten -foot setback variance. The motion carried unanimously. ADJOURN Mr. Hutchison moved, Mr. Gullickson seconded, a motion to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 8:08 p.m. MEMBER 4 Aff 4 ji ri r umrip A LSI L A ApIr fliniarpi I ATTE j 4 41 Dat W oF,T Terson